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HomeMy WebLinkAboutOrdinance 92-14 ORDINANCE NO. 92- 14 CASE NO. 1-SR-92:HELLER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM "R-3, MULTI-FAMILY RESIDENTIAL DISTRICT" TO "1-1, RESTRICTED WAREHOUSING AND MANUFACTURING DISTRICT" ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLD WINTER GARDEN ROAD AND PROFESSIONAL PARKWAY, AS PETITIONED BY THE PROPERTY OWNERS; 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 ("the Peti tioner") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to rezone and change the zoning classification for said real property from "R-3, Multi-Family Residential District" to "1-1, Restricted Warehousing and Manufacturing District"; and WHEREAS, pursuant to Section 3.2 of Chapter II of Appendi x "A" of the Code of Ordinances of the Ci ty of Ocoee / Florida ("the Ocoee Ci ty Code") / the Planning Di rector has reviewed said petition and determined that the rezoning requested by the Petitioner 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 rezoning petition 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 reviewed said rezoning petition for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Petitioner 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 "1-1, Restricted Warehousing and Manufacturing District", as requested by the Petitioner, and that the Ocoee City Commission find that the zoning requested by the Petitioner 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 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 wi th 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 Ci ty Commission of the Ci ty 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 Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of 1 and located wi thin the corporate limits of the City of Ocoee, Florida, is hereby changed from ''''R-3, Multi-Family Residential District" to "1-1, Restricted Warehousing and Manufacturing District"; SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Section 3. That the Ci ty Commission of the Ci ty 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 Ci ty CI erk is hereby authori zed 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 1.1 of Chapter III of Appendix A of the Code of Ordinances of the City of Ocoee. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 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 become effective immediately upon passage and adoption. PASSED AND ADOPTED this /1, lj, day of JJfJl ~ , 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA M' (SEAL) ADVERT ISED June 4 READ FIRST TIME READ SECOND TIME J 1I AI/; IL , 1992 June 2 ,1992 AND ADOPTED , 1992 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROV~p AS TO FO~. D LEGALITY THIS -I-k2- DAY OF f\R, 1992. FOLEY to.ARf'Jf.;0 J ~J, . By: ()/~( \ ~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 'JUJ/t-I' ,1992 UNDER AGENDA ITEM NO. -:sL.....fL. 3 SITE LOCATION MAP I 7 CITY OF OCOEE PROPOSED REZONING CASE NO. 1-5R-92: HELLER C-2 C-31 ! ~ i i I I I . . ...__n.._............_....._.. . \ . \ \ :f"'~ C-3 t ...~~?...... ... i ! I f......~ it..... iC-3 C-2 ........r.......;--r ;P_$\ ! j: ; Tl I...........'...... , o a::: R-3 ~ ~ ~ ~ l :'.""....~..;~...< .. ~ ; ';'3 I r=tJ i !~ ~ ~tm# SUB J E C T rp'~ blrE.~Jt-vl HtmlT .....::lr~~?,,-rF~ tl+=fR~] ~ltm[ f f j ./ ),\ ' i,.-J/. f'TT'TlrT' r I I' IF i; I L1T; I _..J.jIl<.:?~~;11j ~q WIUI II ! ! 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C-3 lip-s:i (" ;, , ,I C-3 C-3 CJ>> ~ C-3 a::: II) EXISTING ZONING R-3, MULTIFAMILY RESIDENTIAL DWELLING DISTRICT PROPOSED ZONING 1-1, RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT SITE SIZE: 12.9 ACRES EXHIBIT A EXHIBIT A DESCRIPTION: That part of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the Southeast comer of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East and run S 89026'52" W along the South line of said Northwest 1/4 for a distance of 409.38 feet; thence run N 00029'22" W parallel with the East line of said Northwest 1/4 for a distance of 744.77 feet to the POINT OF BEGINNING; thence run N 76028'33" W for a distance of 711.81 feet; thence run N 00029'22" W along the West line of the East 1100.00 feet of said Northwest 1/4 for a distance of 373.74 feet; thence run N 89029'41" E along the South Right- of-Way line of Professional Parkway, said line lying 30.00 feet south of and parallel with the North line of the South 1/2 of said Northwest 1/4 for a distance of 1100.00 feet; thence run S 00029'22" E along the East line of said Northwest 1/4 for a distance of 648.58 feet to a point on said East line lying S 76028'33" E from the Point of Beginning; thence run N 76028'33" W for a distance of 421.93 feet to the POINT OF BEGINNING. Containing 12.908 acres more or less (inclusive of lake) and subject to any rights-of-way, restrictions and easements of record.