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Home My WebLink AboutOrdinance 97-25 ORDINANCE NO. 97-25 CASE NO. R-97-07-05: GOMES AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, TO C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.4 ACRES LOCATED AT THE NORTHEAST CORNER OF WURST ROAD AND SPRING LAKE CIRCLE 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-2, Community 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-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 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 1.4 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "C-1, Neighborhood Commercial District" to "C-2, Community 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. j- PASSED AND ADOPTED this.lf L- day of Dr ~ ~~ ,1997. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APP~IED AS TO F;.Q~ LEGALITY this tt'- day of U< , 1997. ::LE?!:;~ ~ City Attorney APPROVED: CITY OF OCOEE, FLORIDA ~ot~~~~ ADVERTISED OCTOBER 2, 1997 READ FIRST TIME OCTOBER 7,1997 READ SECOND TIME AND ADOPTED Den ()~ ~f7 /891 Under Agenda Item No. n ~ s C:\ALL_DA T A\AHPDFILE\ANX-REZ\ACTIVE\GOMESCAR\GOMESREZ.ALL OVERALL DESCRIPTION: Lot 14. llIod: B. SPRING LAKE HILLS. as recorded in Plat Book Y, Page 68, Public Records of Orange COUnly, Florida. TAX PARCEL #02140: From the Southeast comer of Lot 14, Block B, SPRING LAKE HILLS, according to the plat tbcreofrecorded in Plat Book Y. Page 68, Public Records ofOnnge County. Florida, run North 63" 10' W., 215.48 feet along tho Southerly boundary line of said Lot l~ for the Point of Beginning of this d~cription; continue thence North 630 10' West, 139.03 feet to the Southwest ~omc.. ofuid Lot 14; th= run North 0" 22' West., 132.22 feet to the Northwest corner of said Lot 14: thence run East 107.26 feet along the North line of said L~ 14 to an ADgIe point in the Nortberiy line of said Lot 14; thence run South 63010' East, 104.08 feet aJongthe Northerly line ohaid ~ 14 to a point which beaR North 630 10' W. 199.39 feet from the Northeast comer of said Lot 14; thence run South 26050' West. 166.62 fectto the Point of Beginmng. TAX PARCEL#0214t: Begin at the Southeast comer of Lot 14. Block B, SPRING LAKE HILLS, according to the plat thereof as recorded in Plat Book Y. Page 68, Public Records of Orange County, Florida. run thence North 630 10' West, 110.48 feet along the Southerly boundary line of the said Lot 14: thence run North 260 50' East, 166.62 feet to the Northerly boundary line of 5&Jd Lot 14: thence run South 630 10' East. 94.89 feet to the Northeast comer of the said Lot 14; thence run South 210 19' West. 1674 feet to the Poim ofBegmnmg. TAX PARCEL #02142: Commence at the Southeast comer of Lot 14. Block B, SPRING LAKE HIU.S. according to the plat thereof as recorded in Plat Book Y. Page 68. Public Records of Orange County, Florida; run thence North 630 10' West, 110.48 feet along the Southerly boundary line of the said Lot l4to the Point of Beginning; thence continue North 63010' West., 105.0 feet: thence run North 260.0' E.. 16662 feet: thence run South 63010' East. 105.0 feet; thence run S. :60 ~O' West. '66.62 feet to the Pomt of Begmmm;. SPECIFIC PURPOSE SLJRVEY TO SIIOW I:'IITERlOR TAX PARCELS PER CLIENTS REQUEST FOR: Clfios & :o.lana A. Gomes Exhibit A - .. .----. -., .... '~..~"_.";;;;:]f'~ --.-I!\ I~L. ,~--.:l.. ,.'::::.~:2.c.'~~-;'''.'.~' ......'~:"~.~~..~ ._':;:...~..,~~~,:,~,:_ JII'''' , - illr -'" ..f' ':-....,'::',,~ ,-;. .;iC;:.-.....~..~ ':~. ~ V.:;". ,"_ _, \\ :tIlt 7 ',... _' - ...._., ' ,___. :~ . "'~ ... '- ........'.' \ . - Ifhllllll J...J (/& :==r L :t: I ..L - r JII"- \ /\ O~my T :T II Exhibit 8