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Home My WebLink AboutOrdinance 92-26 ORDINANCE NO. 92-26 CASE NO. 2-0SAR-92: ROPER "PARTNER" SOUTH "-" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY I-2, HEAVY INDUSTRIAL, TO OCOEE, C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GENEVA AND KISSIMMEE AVENUES 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 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 (lithe 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- 3. GENERAL 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 Initial zoning requested by the Applicant is consistent with the 1991 city of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991 ("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 zoned "0COEE. C-3. GENERAL COMMERCIAL DISTRICT", as requested by the Applicant, and that the Ocoee city commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee city commission has held a de novo public hearing with official notice thereof with respect to the proposed Initial zoning of said real property; and ~ WHEREAS, the Ocoee city commission has determined that the Initial zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee Ci ty 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 authori ty to adopt this Ordinance pursuant to Article VIII of the constitution of the State of Florida, and Chapters 163 and 166, Florida statutes. SECTION 2. That the zoning classification, as defined in the Ocoee city Code, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County 1-2. HEAVY INDUSTRIAL" to "OCOEE. C-3. GENERAL COMMERCIAL DISTRICT": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. That the City Commission of the city of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. The City Clerk is hereby authorized and directed to r~vise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendments 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 5. 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. Effeotive Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this IY'1f1. day of JJt;.-l-b1I1~6IL-, 1992. APPROVED: "-'" ATTEST: CITY OF OCOEE, FLORIDA ~. c:2~. Clerk ( SEAL) ADVERTISED .EJ~.~:~ ' 1992 READ FIRST TIME kv I , 1992 READ SECOND TIME AND ADOPTED 'Q 6-< bn1 t31:-ft f L{ ,199 2 . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV~,lS T9 FO~~~LITY this ~ day of , 1992. FOLEY , LARDNER fJs- ~ City Attorney By: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON J:>Gl-61n 8Hi?. /'I ,1992 UNDER AGENDA ITEM NO. JL.LL3 ZONING.ORD '-' EXHIBIT "A" ROPER "PARTNER" - SOUTH LEGAL DESCRIPTION \..- That part of the Northeast 1/4 of the Southeast 1/4 of section 19, Township 22 . South, Range 28 East, Orange County, Florida, more particularly described as follows. Commence at the Northeast corner of the aforesaid Northeast 1/4 of the Southeast 1/4 and run S88027'17"W, along the North line thereof, 1273.36 feet; thence SOo024'50"E 30.00 feet, to the intersection of South Right-of-Way line of Story Road (or Geneva Street) and the East Right-of-Way line of Maquire Road (or Marshall Farms Road) and the point of Beginning; thence continue SOO 0 24' 50"E along said East Right-of-Way line 523.23 feet to the Point of Curve, having a Radius of 490.87 feet; thence run Southeasterly along said curve through a Central Angle of 41038'57"for an Arc Length of 356.82 feet; thence departing said curve, run N58016'37"E 779.85 feet to intersect the West line of Lot 1 of OAKWOOD PLAZA, as recorded in Plat Book 19, page 40 of the Public Records of Orange County, Florida; thence N35051'24"W, along said West line (also being the old westerly Right- of-Way line of the abandoned Seaboard Systems Railroad), a distance of 111.70 feet to the Point of Curve of said Right-of....Way line having a Radius of 2894.93 feet; thence run Northwesterly along a curve to the right through a Central Angle of 08024'50" for an Arc Length of 425.12 feet to intersect the aforesaid South Right-of-Way line of Story Road; thence S88027'17"W 505.44 feet to the Point of Beginning. containing 10.568 acres, more or less. 2-05AR-92: ROPER "PARTNER" - SOUTH \..- ~ SITE .LOCATION MAP . - CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-5AR-92 ROPER "PARTNER" AREA: 1 0.6 ACRES FROM: ORANGE COUNTY 1-2, HEAVY INDUSTRIAL DISTRICT TO: C-3, GENERAL COMMERCIAL DISRICT PROPERTY TAX 10: 19-22-28-0000-00035 '-" ((; ~ ~ J ~ ~ I 1 CCCEE : - LEMENT AR III I sCHIlCL --- I-- , ~vrnJ ~ ~ nD~ll~~ I T I - - - '"""" ..... L ,I L, \ II I L- ~..J \ l.Uo ~=r-_ E~ ;~ ~~~ ~ - ~ I- .. L .. ............ I- rA.1 ~ n '11111 I II .. _ ~1 :UWT \\ \~~ 1\ SUBJECT \. ~~ PARCEL I>. \ ,~ _\ \\~ ^~'~~ ~ ~ ~ v, ~ ill - - L ~9 ~ I 30 29/ 'C :;r _ UNINCORPORATED ORANGE COUNTY EXHIBIT "A"