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HomeMy WebLinkAboutOrd. 91-32 ORDINANCE NO. 91-32 CASE NO.1-10R-91:SECURITY FIRST . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFI- CATION FROM "u , Unclassified " TO "C-3 , General Commercial District" ON CERTAIN REAL PROPERTY LOCATED AT the Northeast corrier of S.R. 50 and Marshall Farms Road. AS PETITIONED BY THE PROPERTY OWNER(S) ; 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 Petitioner") of certain real property ~ocated 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: ~, Unclassified" to: "C-3 , General Commercial District" and, WHEREAS, pursuant to Section 3.2 of Chapter II of Appendix "All of the Code of Ordinances of the City of Ocoee, Florida ("the Ocoee City Code"), the Planning Director 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 (lithe 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: "C-3 , General Commercial Districtll 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 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 COMMIBBION OF THE CITY OF OCOEE, FLORIDA, AB FOLLOWB: Bection 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. Bection 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 land located within the corporate limits of the city of Ocoee, Florida, is hereby changed from: II U , Unclassified II to: "C-3 , General Commercial District II : . SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SEE EXHIBIT "B" SITE LOCATION MAP ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ., Bection 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. Bection 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 1.1 of Chapter III of Appendix "A" of the Code of Ordinances of the city of Ocoee. Bection 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. Bection 6. Beverabi1ity. 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. Bection 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PABSED AND ADOPTED this l'l~ day of DE C6't\l\ I) c--~ , 19 9 1. APPROVED: . ATTEST: CITY OF OCOEE, FLORIDA ~aYor ( SEAL) - 2 - . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO :~.AND LEGALITY THIS (' rh DAY OF j)e( ~ \0: , 1991 FOLEY & 11:1\ WJ city Attorney By: ., ADVERTISED December 5 , 1991 READ FIRST TIME December 3, 1991 READ SECOND TIME & ADOPTED h c,;,("(~ /11 ~~ 11 1991 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON -l)cCC-Il'\j?t-R. , 1991 UNDER AGENDA ITEM NO. V41 - 3 - EXHIBIT "A" TO ORDINANCE NO. 91- 32 (CASE NO. 1-10R-91:SECURITY FIRSTi . LEGAL DESCRIPTION OF SUBJECT PROPERTY: All that part of the following described tract which lies East of what is known as the Ocoee-Beulah Hard Road, and bounded on the South by the Tildenville-Minorville Hard Road: Begin at the Northwest corner of the Southwest 1/4 of the Southeast 1/4 of section 19, Township 22 South, Range 28 East, Orange County, Florida, run then South 20 chains to the South boundary of section 19; thence East 4 chaiqs; thence North 20 chains; thence West 4 chains to the Point of Beginning. ALSO DESCRIBED AS: A portion of section 19, Township 22 South, Range 28 East, more particularly described as follows: Begin at the intersection of the North right of way line of State Road 50 (also known as Tildenville-Minorville Hard Road) with the Easterly right of way line of Marshall Farms Road (also known as Ocoee-Beulah Hard Road); thence North 90 00' 00" East along the said North right of way line of State Road 50, a distance of 234.20 feet; thence North 00 22' 43" West, 546.03 feet; thence South 42 14' 04" West, 262.18 feet; thence Southwesterly along the arc of a tangent curve, being concave to the Southeast, having a radius of 210.49 feet, a central angle of 42 18' 52", a distance of 155.45 feet; thence South 00 04' 42" East, 210.13 feet to the Point of Beginning. (The last three (3) courses described being coincident with the said Easterly right of way line of Marshall Farms Road.) Said lands lying in Orange County, Florida. . EXHIBIT B SITE LOCATION MAP CITY OF OCOEE PROPOSED REZONING. CASE NO. 1-10R-91: SECURITY FlRST L........... iR-3 ..4 .-.w........ ........__ .-..... ..;.......................N..N._...... I ! A-1i R-3 C-3 I C-2 R-I-M (....................-...-i C-3 , 1 i I j , I t-.-.....................j j SUB:JECT j .Tr........... ...1....1 C-3 C-3 C-2 ......... . .... '. .h." ~ ......__L(;:~ I ......-............---..1..............................-...................,.. . . .........__....................1.................................._,...".",,/ ...r......."!"".... SUNSHINE STATE PARKWAY C-3")[~:S) f)....... He .-........-.. ................[ -..............., ". : " : , /.............-................,.;,...............................i ( i ....".....-....._......; ,.._~ EX 1ST IN G ~O N I N G : U, U N C LAS S I FIE D PROPOSED ZONING: C-3, GENERAL COMMERCIAL DISTRICT SITE SIZE: 2.2 ACRES