HomeMy WebLinkAboutOrdinance 2006-021
ORDINANCE NO. 2006-021
TAX PARCEL ID #s 20-22-28-0000-00-062
20-22-28-0000-00-019
CASE NO. AX-04-05-18: ABC Fine Wines & Spirits Store No. 52
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"CITRUS RURAL DISTRICT" TO OCOEE C-2, "COMMERCIAL," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.355
ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND
STATE ROAD 439 INTERSECTION PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have
submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee
City Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 2.355 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "Citrus Rural District," to Ocoee
C-2, "Commercial;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed
said Rezoning application and determined that the Rezoning required by the Applicant is
consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28,
adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning
Area Agreement entered into February 11, 1994 by and between Orange County and the City of
Ocoee, as amended (the "JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to immediately
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exercise municipal jurisdiction over said real property for the purposes of Part IT of Chapter 163,
Florida Statutes; and
WHEREAS, said Rezoning application was scheduled for study and recommendation
by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and
Zoning Commission"); and
WHEREAS, on At,., \ L , 2005 the Planning and Zoning Commission held a
public hearing and reviewed said Rezoning application for consistency with the Ocoee
Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent
with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to
the Ocoee City Commission that the zoning classification of said real property be rezoned as
requested by the Applicant, and that the Ocoee City Commission fmds that the Rezoning
requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on ~, 2006 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VITI of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defmed in the Ocoee
City Code, of the Property described in Exhibit "A" containing approximately 2.35 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from
Orange County A-I, "Citrus Rural District," to Ocoee C-2, "Commercial." A map of said
land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit
"B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby fmds
the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning
enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said
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revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V
of Chapter 180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this ~ay of ~2006.
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(SEAL)
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ATTEST:
ADVERTISED -3 ^ -1- OiP , 2006
READ FIRST TIME 1)a.~ , 2006.
READ SECOND TIME AND ADOPTED
~. \ ">>'" , 2006.
Under Agenda Item No. --:5..b.-
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND J.tEGAI.lTY
This ~ day of lye ~ ~ , 2006.
::'~Y;:Jzit:JJ)
City Attorney
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ORLA_338951.1
ORLA_33B950.1
EXHIBIT "A"
LEGAL DESCRIPTION
.'.:~"
DESCRlPT1ON: PARCEL A
A PORTION OF THE ABANDONED A TLANT1C COASTUNE RAILROAD AS RECORDED
IN CFF1C1AL RECORDS BOOK 3607, PAGE 2027 OF THE PUBUC RECORDS OF
ORANGE COUNTY. FLORIDA BEING DESCRIBED AS FOlLOWS:
Cr.::>>.IlJENCE A T THE SOUTHWEST CORNER OF SECTION .20. TOWNSHIP .22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS A POINT OF REFERENCE;
THENCE RUN N B9'5B'19"E. ALONG THE SOUTH UNE: THEREOF, 684-.88 FET TO
THE WEST UNE: OF THE SOUTHEAST 1/4- OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 20; THENCE RUN N 00'8'23- W, ALONG
SAID WEST UNE, 74.50 FEET TO THE: NORTH RIGHT OF WA Y UNE OF STA TE
ROAD No. 50; THENCE RUN S 89'57'04- E:, ALONG SAID NORTH UNE:, .250.00
FEET; THENCE RUN N 00"18'.23-W, 200.00 FEET; THENCE RUN N 50'00'00-E:,
17.93 FEET TO THE POINT OF BEGINNING, SAID paNT LYING ON THE ~T
RIGHT OF WA Y UNE OF' AFORESAID A TlANT1C COASTUNE RAILROAD; THENCE
CONT1NUE N 50YX)'OO. E:, 100.00 FEET TO THE: EAST RIGHT OF WAY UNE OF
SAlD RAILROAD, SAID UNE BaNG A CUR~ CONCAVE TO THE NORTHEAST;
THENCE RUN NORTHWESTERLY ALONG SAID EAST UNE AND CURVE' HA VlNG A
CENTRAL ANGLE OF 3"2.7'42-, A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF
343.16 FEET, A a-IORD SEARING OF N 37'42'4.2- W AND A CHORD DISTANCE
OF' 343.71 FEET; THENCE RUN N 35'58'51. W, CONTINUING ALONG SAID EAST
UNE:, .28.88 F!ET; THENCE RUN N 39'8'44- W, 52.71 FEET TO THE NORTH
UHE OF THE AFORElJENnONED SOUTH~T 1/4 OF' THE SOUTHYtEST 1/4 OF'
SAID SEC710N 20: THENCE RUN N 89'45'26. W. ALONG SAID NORTH UNE:, 82.31
FEET TO THE M'ST UHE THEREOF: THENCE RUN S 00'8'23. E:, ALONG SAID
~T UNE:, 52.36 FaT TO THE AFORESAID WEST RIGHT OF WAY UNE OF THE
RAILROAD; THENCE RUN S 35'58'51- Eo ALONG SAID EST UNE, 87.61 FEET TO
A CURVE' CONCA IJE' TO THE NORTHEAST; THENCE RUN SOUTHEAS7ERI.. Y ALONG
SAID MEST UNE: AND CURVE' HAVING A CENTRAL ANQ.E OF 3".28'17", A RADIUS
OF 5779.65 FEr. AN ARC LENGTH OF 350.18 FEET, A CHORD SEARING OF S
37'.f.J'00. E AND A CHORD DISTANCE OF 350.1.2 FEET TO THE POINT OF
BEGNNING.
THE ABOVE' DESCRIBED PARCEL OF LAND CONTAINS 1.037 A~ES MORE OR
LESS.
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EXHIBIT "A" CONTINUED
DESCRIPTION: PARCEl. B
A PARca OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTH~ST 1/4 OF' THE SOUTHWEST
1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLOR/DA
BEING DESCRIBED AS FOLLOWS:
COMMENCE A T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE;
THENCE RUN N 89 'SS '19 "F:, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE ~T
UNE OF SAID SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4 OF' THE SOUTHWEST 1/4-; THENCE
RUN N 00'8'238 W. ALONG SAID EST UNE, 74.50 FEET TO THE paNT OF SE~NNING SAID
POINT LYING ON 7HE NORTH RIGHT OF WAY UNE OF STATE' ROAD No. 50; ,THEJ"CE RUN S
89'57'048 E, ALONG SAID NORTH UNE, 100.00 FEET: THENCE RUN N 00'823 W, 243.47
. THENCE RUN N 50'00'008 E, 107.70 FEET TO THE ~T RIGHT OF WAY UNf OF THE
~~NnC COASTUNE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607. PAGE
PUBUC RECORDS OF ORANGE COUNTY, FLORIDA, SAID UNE BEING A CURVE:
~~~ ~ Wf THE NORTHEAST; THENCE RUN NORTHWESTCRL Y ALONG SAID WEST UHf AND
CURVE HAVING A CENTRAL ANGLE OF' 2'O'5S8. A RADIUS OF' 5779.65 FEET, AN ARC
0.18 FEET. A CHORD BEARING OF N J7'04'208 W AND A CHaw DISTANCE OF'
LENGTH OF ~ THENCE RuN N 35"58'518 W. CON77NUING ALONG SAID ~T UNE, 87.61 FEET
220.16 "~~/D WEST UNE OF' THE SOUTHEAST 1/4- OF' THE SOUTHWEST 1/4 OF THE
~~U~WEST 1/4- OF'SEC77ON 20; THENCE RUN S 00'1S.23- E. ALONG SAlD WEST UNE,
559.1S FEET TO THE POINT OF' BE~NNING.
THE ABOVE DESCRIBED PARCEL OF'LAND CONTAINS 1.294 ACRE"S MORE OR LEss.
DESCRIP77ON: PARCEl.. C
A PARCEL OF'LAND IN THE SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4- OF' THE SOUTHWEST 1/4 OF'
SEC770N 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA BEING DESCRIBED
AS FOLLOWS:
COMMENCE A T THE SOUTHWEST CORNER OF' SAlD SEC77C>>J 20, AS A POINT OF RCfcttt:.NCE; THENCE
RUN N 89'5S'198E. ALONG THE SOUTH UNE THEREOF', 664.88 FET TO THE WEST UNE OF'SAID
SOUTHEAST 1/4- OF' THE SOUTHWEST 1/4- OF THE SOUTHWEST 1/4; THENCE RUN N 00'1S.238 W,
ALONG SAlD WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF' WA Y UNE OF STA TE' ROAD No. 50;
THENCE RUN S 89'57'04- E, ALONG SAID NORTH UNE, 250.00 FeET; THENCE RUN N OO'1S'238W,
200.00 FEET: THENCE RUN N SOW.OOT. 117.93 FEET TO THE EAST RIGHT OF' WA Y UNE OF
A n.AN77C COASnJNE RAILROAD, SAID UNE BEING A CURIE CONCA '/!: TO THE NORTHEAST; THENCE
RUN NORTHWESTERLY ALC>>JG SAlD EAST UNE AND CUR'/!: HAWJG A CENTRAL ANGLE OF 1"34'CU-, A
RADIUS OF 5679.65 FED', AN ARC LENGTH OF' 155.42 FEr. A CHORD BEARING OF N 38'39'3'2- W
AND A CHORD DISTANCE OF' 155.42 FEET TO THE POINT OF BEGINNING; THENCE CON77NU~
Naf'TH~TERL Y ALONG SAID EAST UNE AND CUR'/!: HAVING A CENTRAL ANGLE OF' 1 '53'38-, A
RADIUS (F 5679.65 FEET. AN ARC LENGTH CF 187.74 FEET. A Ct-IORO BEARING OF N J6~S'40- W
AND A Ct-IORO DISTANCE OF' 1S7.73 FEET; THENCE RUN N 3.5'5S'5'- W. ALONG SAID EAST UNE,
28.88 FET; THENCE RUN S 39'S'44- [. 157.43 FEET: 'THENCE RUN S 34"28'138 E. 32.54 F!ET TO
A CUR\€' CONCA \fE' TO THE ~T; THENCE RUN SOUTHER!. Y ALONG SAID CUR\€' HA. VlNG A CENTRAL
ANGLE OF' 3439'10-. A RADIUS CF 30.00 FEET. AN AAC LENGTH OF 18.14 FEET, A CHORD BEARING
OF'S 17'08'J8- E AND A CHORD DISTANCE (F 17.87 FEET TO THE POINT (F BEGINNING.
THE ABO'/!: DESCRIBED PARCEl.. OF LAND CONTAINS 0.024 ACRES MORE af LESS.
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EXHIBIT "B"
ABC Fine Wines & Spirits
Location Map
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