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Home My WebLink AboutOrd. 91-30 ORDINANCE NO. 91- 30 CASE NO. 1-9R-91:AUTO AUCTION . 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, MULTIPLE-FAMILY DWELLING DISTRICT" TO "C-3, GENERAL COMMERCIAL DISTRICT" ON CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF STORY ROAD AND 1,200 FEET WEST OF KISSIMMEE AVENUE, 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, MULTIPLE-FAMILY DWELLING DISTRICT" TO "C-3, GENERAL COMMERCIAL DISTRICT"; and WHEREAS, pursuant to Section 3.2 of Chapter II of Appendix "A" of the Code of Ordinances of the Ci ty 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 ("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 and requested zoning for consistency with the Ocoee Comprehensive PI an 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 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 City 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 n Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of land located wi thin the corporate limits of the City of Ocoee, Florida, is hereby changed from "R-3, MULTIPLE-FAMILY DWELLING DISTRICT" TO "C-3, GENERAL COMMERCIAL DISTRICT": 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. . Section 3. That the Ci ty Conunission 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 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. 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 inunediately upon passage and adoption. PASSED AND ADOPTED this '9~ day of Nov&~a~ become , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~ . ADVERTI SED November 7 ,1991 READ FIRST TIME November 5, 1991 READ SECOND TIME AND ADOPTED Novt:'lkM:1t. ,., , 1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FOR4~ND LEGALITY THIS t 1~ DAY OF 1tJ~~, 1991 , APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON JJoIlHlA.6~ I~ ,1991 UNDER AGENDA ITEM NO. V A :::~~ :Q~ER ~JjjJ City Attorney EXHIBIT "A" TO ORDINANCE 91- 30 DESCRIPTION THAT PARCEL OF' U~ND LYING IN THE SOUTHWEST 1/4 AND SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST'1/4 OF SAID SECTION 19; RUN THENCE N88013'29"E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, A DISTANCE OF 1528.03 FEET TO A POINT ON THE EAST LINE OF THE WEST 223 FEET OF THE NORTH 660 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST . 1/4 OF SAID SECTION 19, SAID POINT ALSO BEING S88013'29"W, , A DISTANCE OF 1081.89 FEET FROM THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE SOOo19'22"E ALONG SAID EAST LINE, A DISTANCE OF 522.49 FEET FOR A POINT OF BEGINNING; CONTINUE THENCE SOOo19'22"E ALONG SAID EAST LINE, A DISTANCE OF 137.53 FEET TO THE SOUTHEAST CORNER OF THE WEST 223 FEET OF THE NORTH 660 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE S88013'29"W ALONG THE SOUTH LINE OF THE WEST, 223 FEET OF THE NORTH 660 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 19, A DISTANCE OF 223.07 FEET TO THE SOUTHWEST CORNER OF THE WEST 223 FEET OF THE NORTH 660 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 19, SAID POINT ALSO BEING ON THE EAST LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/~ OF SAID SECTION 1'9;THENCE SOOo19'22"E ALONG SAID EAST LINE, A DISTANCE OF 677.12 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE N88054'12"E ALONG SOUTH LINE OF NORTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 19, A DISTANCE OF 1625.77 FEET; THENCE NOOo44'11"W, A DISTANCE OF 833.79 FEET; " THENCE S88013'29"W, PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, A DISTANCE OF 1397.06 FEET TO THE POINT OF BEGINNING. CONTAINS 1,306,800 SQUARE FEET OR 30 ACRES, MORE OR LESS. . (CASE NO. 1-9R-91:AUTO AUCTION) EXHIBIT "B" SITE LOCATION MAP CITY OF OCOEE PROPOSED REZONING -L.J I . , . I I . /.' . / . / / / /. . . 1/1/ I I - ( U'RTHOU - CASE NO. 1-9R-91: AUTO AUCTION J I--ll-J L...-....J I I ~ ~ I I- R 6':';'- I \ -Iff- i-- 1-1 I I I-I ....- nI1TITl r- ~ o:frJro STORIY RoAD E ANNE~ I ~ R-3 - IT 1 - '--- J.-C .0; br: _ II. .... -r- 1'(- _ :::.r- ~..., ...r-r- - - .. ~'" 11If., I I I I ... \ \ \ \-\ "'- : ~ - \\-_ C-3 _ I~ ~~.f' ~ 1'\ ~ ? ~ C- /r \~ ,~ ,/ /' \ C-2 ~ ft-: C-3 C-3 C-3 , , . I I /. . / -.// 1-/. . I=-- / , R-1-AA AUTO AUCT ON C-3 - 7~ - ,.., -. . l--= " C-3 nJ I ~7 h L 1m n HIGH[ 50 L D p-r: C-3 ~-2 /-k L"I . I t- C-3 -- ~ I EX I ST IN G 2; 0 N I N G : R - 3, M U L T 1- FA MIL Y RES IDE NT I A L PROPOSED ZONING: C-3, GENERAL COMMERCIAL DISTRICT SITE SIZE: 30+/- ACRES .