HomeMy WebLinkAboutOrdinance 94-24
ORDINANCE NO. 94-24
CASE NO. R94-07-02: WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REZONING CERTAIN LANDS LOCATED IN THE CITY OF
OCOEE BY CHANGING THE ZONING CLASSIFICATION
FROM R-1AA, SINGLE FAMILY DWELLING DISTRICT,
TO R-2, ONE-FAMILY AND TWO-FAMILY DWELLING
DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF WOFFORD ROAD, ONE-QUARTER
MILE NORTH OF S.R. 50 AND SOUTH OF STORY 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 AN EFFECTIVE DATE.
WHEREAS, the owner or owners (II the Applicant II) 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 change the zoning
classification for said real property from IIR-1AA, SINGLE FAMILY
DWELLING DISTRICTII to IIR-2, ONE-FAMILY AND TWO-FAMILY DWELLING
DISTRICTII; and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the
Code of Ordinances of the City of Ocoee (lithe Ocoee City Codell),
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
No. 91-28, adopted September 18, 1991 (lithe Ocoee Comprehensive
Planll); and
WHEREAS, said rezoning application was scheduled for
study and recommendation by the Planning and Zoning Commission of
the City of Ocoee, Florida (lithe Planning and Zoning Commissionll) ;
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 changed to IIR-2, ONE-FAMILY
AND TWO-FAMILY DWELLING DISTRICTII, as requested by the Applicant,
and that the Ocoee City Commission finds that the rezoning
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
proposed rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that
the rezoning requested by the Petitioner 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, 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 "R-1AA. SINGLE FAMILY DWELLING DISTRICT" to
R-2. ONE-FAMILY AND TWO-FAMILY DWELLING 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 revise 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.
effective
SECTION 7. Effective Date. This Ordinance shall
immediately upon passage and adoption.
PASSED AND ADOPTED this <>loti day of S&p ,t::,tJ1i!> iL,
APPROVED:
become
1994.
Clerk
CITY OF OCOEE, FLORIDA
5 ~9,.~J~
S. Scott Vandergrlf I Mayor
ATTEST:
(SEAL)
ADVERTISED September 8 I 1994
READ FIRST TIME September 6 I 1994
READ SECOND TIME AND ADOPTED
S b-pre-I'11~6'f2..- dO, 1994.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM ~ LEGALITY
this :1x::>'f!, day of S~rtc~1\hG/ I 1994.
FOLEY & ;'~RDNER
, ,I
By:
>(i (
\. 'u.....',,/
,/) ,o'
1 ' ~ !F,\.~ftJ/
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON 5M'N:m~t::f2... .).0 , 1994
UNDER AGENDA ITEM NO. ~
REZONE.ORD
EXHIBIT "A"
WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
LEGAL DESCRIPTION:
FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 22 SOUTH, RANGE 27 EAST,
RUN SOUTH 00 DEGREES 00 MINUTES 40 SECONDS EAST 399.74 FEET
ALONG THE EAST BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION
24 FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES
00 MINUTES 40 SECONDS EAST 179. 26 FEET ALONG SAID EAST
BOUNDARY; THENCE SOUTH 88 DEGREES 32 MINUTES 26 SECONDS WEST
945 FEET PARALLEL WITH THE NORTH BOUNDARY OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE NORTH 00
DEGREES 00 MINUTES 40 SECONDS WEST 234.15 FEET; THENCE SOUTH
88 DEGREES 07 MINUTES 53 SECONDS EAST 945.20 FEET ALONG THE
CENTER LINE OF A DITCH TO THE POINT OF BEGINNING.
CONTAINING 4.4843 ACRES
CITY OF OCOEE
REZONING PETITION
CASE NO. R94-07-02:
WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
AREA: 4.5 ACRES
REOUESTED REZONING
FROM: R-1AA, SINGLE FAMILY DWELLING DISTRICT
TO: R-2, ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT
STOR'!' RD
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