VI (A) 2. 1st Reading of Ordinances 2nd Reading & Public Hearing March 7, 1995 at 7:30pm - Ordinance No 95-05, Hysell Zoning AGENDA 2-21-95
"CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" Item VI A 2
Ocoee .J1,U11 vAiNvtict,KIC1
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RUSTY JOHNSON
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, a CITY OF OCOEE COMMISSIONERS
PAUL W.FOSTER
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O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
C9 OCOEE,FLORIDA 34761-2258 JIM GLEASON
\ ,� (407)656-2322CITY MANAGER
Of GOOV • ELLIS SHAPIRO
STAFF' REPORT
DATE: February 15, 1995 SRP-474
TO: The Honorable Mayor and City Commissioners
THROUGH: Russ Wagner, Director of Planning 10/
FROM: Abra Dow, Planner
SUBJECT: Homer Hysell Initial Zoning;
306 North Ocoee-Apopka Road
CASE #: AR-94-07-03
ISSUE:
Should the Honorable Mayor and City Commission approve the above referenced
application to rezone a 2.3 acre parcel owned by Mr. Homer Hysell situated at 306 North
Ocoee-Apopka Road from A-1, Citrus Rural District (Orange County) to C-2, Community
Commercial District (Ocoee)?
BACKGROUND/DISCUSSION:
Mr. Hysell's rezoning request is being considered simultaneously with his annexation
petition. The subject property is located on the east side of Ocoee-Apopka Road, about
350' north of its intersection with Silver Star Road. A small residence was located on
the site until Mr. Hysell had the building razed in 1994. The parcel is vacant now.
Surrounding properties to the north and northwest remain undeveloped, whereas
properties to the south and southwest are commercial. Sobik's Restaurant is located
immediately south of the subject property. The Sobik's property is zoned C-2 in the
City of Ocoee. The future land use designation of the subject property is Commercial
which permits a wide variety of commercial uses.
Staff has determined that the requested the requested zoning designation of C-2 is
consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map;
(3) Land Development Code; and (4) Joint Planning Area (JPA) Agreement with Orange
County. The requested rezoning is consistent with the character of the surrounding
zoning and development patterns. More specifically, the subject rezoning is consistent
with the following goals, objectives, and policies of the Future Land Use Element of the
Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Objective 2; and (e)
Policy 2.4. The "Public Facilities and Services Analysis" performed by staff, as part
of the annexation review, indicates that the City can adequately provide urban services
to the property if it is developed. The property is located within the JPA as well as
the City's Water and Sewer Territories.
at
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City Commission Staff Report - Hysell Initial Zoning
February 15, 1995
Page Two
PLANNING & ZONING COMMISSION RECOMMENDATION:
At their meeting on February 14, 1995, the Planning & Zoning Commission found that
the proposed rezoning was consistent with the: (1) character of surrounding zoning and
development patterns; (2) Ocoee Comprehensive Plan; (3) Ocoee Land Development Code;
and (4) JPA Agreement. Accordingly, the Planning & Zoning Commission unanimously
recommended that the 2.3 acre parcel owned by Mr. Homer Hysell situated at 306 North
Ocoee-Apopka Road be rezoned from A-1, Citrus Rural District (Orange County) to C-2,
Community Commercial District (Ocoee).
STAFF RECOMMENDATION:
Staff respectfully recommends that the City Commission APPROVE Ordinance #95-05
which will assign an initial zoning of C-2, Community Commercial District, to the Hysell
property as requested in Case #AR-94-07-03 upon finding it to be consistent with: (1)
the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the character of
surrounding development and zoning patterns; and (4) the requirements of the JPA
Agreement.
Attachments: Location Maps File: CC-95-002.srp
Legal Description
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LOCATION MAP FOR THE HYSELL
ANNEXATION AND INITIAL ZONING
Case No: AR-94-07-03: Hysell Initial Zoning
306 North Ocoee-Apopka Road
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Hysell Property located 350'North of the Intersection of Sliver Star Road and Ocoee-Apopka Road.
Legend: ..•-•-••,
Subject Ocoee Orange
North Property City Limits County
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SWAGGERTY LAND SURVEYING, INC.
1819 K SECOND ST.
SANFORD,FL 32771
(407) 322-4630
DESCRIPTION: (0.R. BOOK 3916, PG. 4217)
Beginning at the Northwest corner of S.W. It of N.E.
k of Section 18, Township 22 S. range 28 E., running
thence South 733 feet and 5 inches for a starting point;
running thence South 175 feet; East 625 feet and 6
inches to the Bellon property; thence North along Belton
Property 175 feet to Southeast corner of the Burnsed
property; thence West along Bussed property to point of
beginning, containing 2-11 acres, more or less.
less right of way for County Road. '
BEING :ORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT /HE NORTHWEST CORNER OF THE SOUTHWEST i OF
THE NORTHEAST OF SECTION 18, township 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA, RUN S.00°00'20" E. A-
LONG THE WEST LINE OF SAID SOUMWEST x OF THE NORTHEAST
$ OF SECTION 18, A DISTANCE OF 732.07 FEET; THENCE LEAVING
SAID WEST LINE RUN N.89°34'04" E. 30.00 FEET TO THE POUT •
OF BEGINNING ON /BE EAST RIGHT-OF-WAY LINE OF OCOEE-
APOPKA ROAD (SLATE ROAD NO.437); THENCE S.00°00'20" E.
ALONG SAID EAST RIGHT-OF-WAY LINE 173.28 FEET: TEEN=
LEAVING SAID EAST RIGHT-OF-WAY LINE RUN N.89°30'51" E.
591.25 FST TO THE WEST LINE OF PIONEER Rat PARK, AS RE-
CORDED IN PLAT 300K 6, PAGES 77 THROUGH 86, INCLUSIVE,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N.00°10'
53" W. ALONG SAID WEST LINE 172.73 FEET; THENCE LEAVING
SAID WEST LINE RUN S.39°34'04" W. 590.71 FEET TO TEE
POINT OF BEGL'INLIG.
CONT IN NG THEE N 2.347 ACRES MORE OR LESS.
Exhibit A
ORDINANCE NO. 95- 05
CASE NO. AR-94-07-03: HYSELL
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL
DISTRICT, TO OCOEE C-2, COMMUNITY COMMERCIAL DISTRICT, ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.347 ACRES
LOCATED APPROXIMATELY 350' NORTH OF THE INTERSECTION OF
SILVER STAR ROAD AND OCOEE-APOPKA ROAD 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 City Commission of the City of Ocoee, Florida, has on the date of adoption
of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real
property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and
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 to rezone and establish an initial zoning classification for said real
property of Ocoee C-2, Community Commercial District (the "Initial Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and
determined that the rezoning requested 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, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said
Initial Zoning application for consistency with the Ocoee Comprehensive Plan and determined that
the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and
is in the best interest of the City and has recommended to the Ocoee City Commission that the
zoning classification of said real property be "Ocoee, C-2, Community Commercial District", as
requested by the Applicant, and that the Ocoee City Commission find that the rezoning requested
by the Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee Gty Commission has held a de novo public hearing with official notice
thereof and respect to proposed Initial Zoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that the Initial Zoning requested by
the Applicant 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. The City Commission of the City of Ocoee, Florida has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and
166, Florida Statutes.
SECTION 2. The zoning classification, as defined in the Ocoee City Code, of the following
described parcel of land containing approximately 2.347 acres located within the corporate limits of
the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District" to
"Ocoee, C-2, Community Commercial District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3. A map of said land herein described which clearly shows the rezoned area is
attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds that the new
zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan.
SECTION 5. The City Clerk is hereby authorized and directed to revise the Official Zoning
Map of the City of Ocoee in order to incorporate the zoning amendment enacted by this Ordinance
and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in
accordance with the provisions of Section 5-1(G) of Article V of the Ocoee City Code.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed
and rescinded.
SECTION 7. 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 8. Effective Date. This ordinance shall take effect immediately upon passage and
adoption.
PASSED AND ADOPTED this day of , 1995.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED FEBRUARY 23, 1995
READ FIRST TIME FEBRUARY 21, 1995
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY 8[ LARDNER
By:
City Attorney
SWAGGERTY1819 LANDW. S£CONO SURVEYISNG, INC.
T.
SANFORD, FL 32771
(407) 322-4630
DESCRIPTION: (0.R. BOOK 3916, PG. 4217)
Beginning at the Northwest corner of S.W. If of N.E.
k of Section 18, Township 22 S. range 28 E., running
thence South 733 feet and 5 inches for a starting point;
ruining thence South 175 feet; East 625 feet and 6
inches to the Bellon property; thence North along Bellon
property 175 feet to Southeast corner of the Burnsed
property; thence West along Burned property to point of
beginning, containing 2-1 acres, more or less.
less right of :ay for County Road.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTENEST If OF
THE NORTHEAST T OF SECTION 18, township 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA, RUN S.00°00'20" E. A-
LONG THE WEST LINE OF SAID SOUTHWEST k OF THE NORTHEAST
k OF SECTION 18, A DISTANCE OF 732.07 FEET.. THENCE LEAVING
SAID WEST LINE RUN N.89°34'04" E. 30.00 TEST TO IRE POINT .
OF BEGINNING ON THE EAST RIGHT-OF-WAY LINE OF 000cE -
APOPKA ROAD (STATE ROAD NO.437); THENCE S.00°00'20" E.
ALONG SAID EAST RIGHT-OF-WAY LINE 173.28 FEET: THENCE
LEAVING SAID EAST RIGHT-OF-WAY LINE RUN N.89°30'51" E.
591.25 TEST TO THE WEST LINE OF PIONEER KEY PARK, AS RE-.
CORDED IN PLAT BOCK 6, PAGES 77 THROUGH 86, INCLUSIVE,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; TACE N.00°10'
53" W. ALONG SAID WEST LINE 172.73 FEET; THENCE LEAVING
SAID WEST LINE RUN S.89°34'04" W. 590.71 FEET TO fl
HE
POINT OF BEGINNING.
CONTAINING THEREIN 2.347 ACRES MORE OR LESS.
Exhibit A
•
Case No: AR-94-07-03: Hysell Initial Zoning
306 North Ocoee-Apopka Road
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