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Home My WebLink AboutOrdinance 97-26 \rJ T.. i \-\ ~ ~ Pd.J N. By ~~f"LLC.At-tT ORDINANCE NO. 97-26 CASE NO. R-97-07-06: SAFE STOR OF OCOEE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM C-2, COMMUNITY COMMERCIAL DISTRICT, TO C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.4 ACRES LOCATED ON BLUFORD AVENUE, NORTH OF STATE ROAD 50 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 to C-3, General Commercial District (the "Rezoning"); and WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Planning Director has reviewed said Rezoning 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 No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); 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, the Planning and Zoning Commission has 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 has recommended to the Ocoee City Commission that the zoning classification of said real property be "C-3, General 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 City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Rezoning 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. AUTHORITY. The Ocoee City Commission has the authority 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. REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 2.4 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "C-2, Community Commercial District" to "C-3, General Commercial District": SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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 CONSISTENCY. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. OFFICIAL 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 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. INCONSISTENT 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 _ day of ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1997. FOLEY & LARDNER By: City Attorney , 1997. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED OCTOBER 2, 1997 READ FIRST TIME OCTOBER 7, 1997 READ SECOND TIME AND ADOPTED Under Agenda Item No. 1 ; J , , Co..ence at the Soutbvest corner of tbe Southvest 1/4, SectioD 20, Tovnship 22 SO~h, Rug. 28 Znt, theDee rUD NorthOO~12'~4" West 691.70 feetlloDg tbe lint hne of'i SecUOD 20, Townshlp 22 South, luVe 28 EI,&t; tbellce Soutb 89"0'46" lut 342.08 'r~et aJong tbe South l~oe o! the Northwest 1/4 ~I tb. Soutbwest 1/4 of tbe Southwest 1/. of sald Sectlon 20 for a polnt Of beVlnning; tbence North 15'49'19" lIest 290.12 feet; tblnce North 5,'21'11" lut 150.84 feet, thence South 35'Sl'24" lut 455.00 feet;' : thence North 89"0'"'' lIest 310.00 feet to tbe p011lt of lleUDll1DV. ,\ UHIBI'l' "A" PARCRL 1: \ PARCEL 2, I 'I'bet pert of parcel (b) Clncribad below vbich 15 Soutb of tbl foUowing Clucri'bed,,: plrcel II. SUBJEC'I' '1'0 ROAD RICH'l' OF WAr rOR S'l'A'l'E ROAD 439. I , . , i A trlct of llod lying 30.00 feet eitb.r slde of tbe ceDterllAe of Seabolrd coastlit. Railroad aDd &1st of tbe West ,ectioD 11De of Sectlon 20, fOIlD.hip 22 South, RaD'~'28 EISt, said ceDterllDe descrlbeO as folJova: Co..ence at tbe Soutbweat corner of tb SODtbwut 114 01 SectloD 20, 'I'ovuillp 22 South, Ruqe 28 Elst, tIIe11ce run North ',t 00'12"5'" lint 1646.47 feet Ilollg the lIest nctloD Hn~ for I' PolDt of Beglllung, { theDce South 35'51'24" last 705.94 flit to the Polllt of 'rera.llutloll. SUbject to 'l Rl,bt-oC-WIY for Stitt lIoa4 NO. 419. , ' :' ,j Fro. ~be Soutbvlat corDer oC Sectlon ~O, 'I'OVD~hlP 12 Soutll, RIDve 18 list, OiAKC~,r CoUDty, rJorldl, ruD Harth 00'U'S4" !rut 75.00 flit IIOD9 tb. lIelt liD'e of tile J Soutbwest 1/4 at SeCUOD 10 to tile Nortb rl,bt of ""Y 11111 of SUte Road Ho. 50: J ' thnce Soutb 89"59'13" Bast elOll, Ui~ rlqbt of WIY 11l1e, 117&.37 flit tor 1 pOlll.t~of be91nDlll9, slld polDt beiD9 all a curve CODClve Hortbel.ter~y blVlllg I rlOius of ,{ S71~.6S feet: thlDCI froe a uDgellt b.lrlDg at Hortb 42"n'U" lIeat rUII Northwes~e~lY 110119 Sal' curve through B ceDtral Inlle ot 06'~2'14" for III Ir. dlStnce of 670.l, P fIll. to tile polUt of UllglDCYl tbence Hortb 35'51' 24" Wnt 1298.70 ho.. 1.0 the lIe'~ 110. of tile SOlltbweat l/~ of Illd SectioD 20 It I palDt Wblch'is Hortb 00"12'S4" , lie &'I. , 1646.47 leet troD the Southw,'lt corller of nid SecUon '20, tllnce conUDUO ~ Nortll 35'51'14" WI.t 895.30 feet iDto'Sectloo 19, TOVDSlllp:Z2 Soutll, RIDge 28 E18t~ to tile pOi lit at curve of a cllrve ~o the rigbt blVlllg a rldlus at Z864.'3 feet, tbepCI 81oD9 lalO curvI tbrollqll I ceDtra! 8Dgle ol 24'30'58" for aD Irc OlsUlIee of 122S;.,? teet to tile point of tlD,ellcy; tbellce Nortb II'ZO'26" Welt '40.g0 Ieet to . P01Dt ~' 110.00 felt Nortll 11'ZO'Z6" Welt at tile North rl,bt 01 vlY,Jille of 1I11bl119toll Stre't Iccoroillg to tbe pllt at tbe 'l'ovlI of Ocoe. 8a recorded ill Pllt Baal A, plges 100 8d ' 101, at tile Public Recorda ol ORANOE Coullty, Fiorldl. lald 'P01Dt aleo bel119 tbe po Dt of tera1nltloD of tbl' descr1ptloD, SIlO pol Ill. bel119 SODth 00'Z6'05" BISt, 853.0.: felt IDd Hortb 8"S8'3~" lIelt, 1119.80 leet fro. tbl HortlluIt earlier 01 ..io Secotloll 1'. :.f : ! .1 f PARCEL II &<lOII-' FORIl IlII2S'-U-U(1/UI REPRINTED (2/t4) AL'l'A COKXI'l'IlZHT 1"6 Exhibit A ---, .-~:::.:~=~ - :~ !f"l_. ~ ,. > If" """"'-'~,' '- ----- ''- - -- ". - I I OIdWi.....~1bId "l , 1 " I... 1- ~ I:'~" ~, L:'j '-, j ,....... r--- '!; Ii _.. .~ ~-- Flo,oicio '7'~I' - _ ,! ... . --' 1 I'~ r__........IIII 1 "- . I -- - ~,' I.. .,,~ I " .." . " .= }~ 1 I 1 1- ~- ~ -:: .'-'.-'::"'-- ~'---- \ .. . '.. -- \ I. ~ "'" / / /' .aL........ ...... ,/ 1--' I ernOl".'" --.a.a__ .... Exhibit B