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HomeMy WebLinkAboutOrd. 91-24 ORDINANCE NO. 91- 24 CASE NO. 1-2AR-91:GOODMAN . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, AGRICULTURAL TO "C-2, COMMUNITY COMMERCIAL DISTRICT" ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STATE ROAD 50 AND OLD WINTER GARDEN ROAD 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 city commission of the city of Ocoee, Florida has on the date of adoption of this Ordinance, annexed into the corporate limits of the city of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida, as hereinafter described; and WHEREAS, the owner or owners of said real property ("the Petitioner") have petitioner the City commission of the City of Ocoee, Florida ("the Ocoee City Commission") to rezone and establish an initial zoning classification for said real property of "C-2 , Community Commercial District" ( "the Initial Zoning") ; and WHEREAS, pursuant to section 3.2 of Chapter II of Appendix "A" 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 Initial Zoning requested by the Petitioner is consistent with the 1979 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 719, adopted April 15, 1980 ("the Ocoee Comprehensive Plan"); and WHEREAS, said petition and zoning request 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 petition and the requested Initial Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning 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 said real property be zoned "C-2, Community Commercial District" as requested by the Petitioner and that the Ocoee City commission find that the Initial 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 zoning of said real property; and WHEREAS, the Ocoee City commission has determined that the Initial 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 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 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 Orange County A-1, Agricultural II to "C-2, Community 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 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 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 immediately upon passage and adoption. PASSED AND ADOPTED this n ~ day of ,~E:-f ~i3t-l become , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO F~AND LEGtLITY, T~~/I~ DAY OF .,~~,\kJ"'-' , 1991 FOLEY ADVERTISED September 5 , 1991 READ FIRST TIME September :J 1991 READ SECOND TIME AND ADOPTED Sb-PTl::-MfH-R.. 11 , 1991 (J:.DNER J 5 kJfJ city Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~b-pn-m.riU-R.. 11 , 1991 UNDER AGENDA ITEM NO. v' &",l . By: EXHIBIT "A" 'TO ORDINANCE NO. 91- 24 (CASE NO. 1-2AR-91:UUODMAN) GOODMAN COMMERCIAL PARK DESCRIPTION: All that part of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, lying East of State Road 526, LESS the Right-of-Way for State Road 50, and LESS: BEGIN at the Northeast . comer of the Northwest 1/4, run thence West 153 feet, South 170 feet, East 63 feet, South 118 feet, East 90 feet, thence North 288 feet, to the POINT OF BEGINNING. . ALSO DESCRIBED AS: Commence at the Northeast comer of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida and run S 89032'29" W along the North line of said Northwest 1/4 for a distance of 1215.06 feet; thence run S 00027'31" E for a distance of 76.49 feet to the point of intersection of the South Right-of-Way line of State Road 50 (150' RfW) with the Easterly Right-of-Way line of Old Winter Garden Road (State Road 526), said point also being the POINT OF BEGINNING; thence run N 89036'01" E along said South Right-of-Way line of State Road 50 for a distance of 1062.10 feet; thence nm S 00029'22" E along the West line of the East 153.00 feet of the Northeast 1/4 of the Northwest 1/4 of said Section 29 for a distance of 92.42 feet; thence run N 89032'29" E along the South line of the North 170.00 feet of said Northeast 1/4 of the Northwest 1/4 for a distance of 63.00 feet; thence run S 00029'22" E along the West line of the East 90.00 feet of said Northeast 1/4 of the Northwest 1/4 for a distance of 118.00 feet; thence run N 89032'29" E along the South line of the North 288.00 feet of said Northeast 1/4 of the Northwest 1/4 for a distance of 90.00 feet; thence run S 00029'22" E along the East line of said Northeast 1/4 of the Northwest 1/4 for a distance of 998.90 feet to a point on the Northerly Right-of-\Vay line of Old Winter Garden Road (State Road 526), said point being on a non-tangent curve concave Northeasterly having a radius of 316.05 feet, a central angle of 34056'28" and a chord bearing of N 61009'09" W; thence run Northwesterly along the arc of said curve and said Right-of-Way line for a distance of 192.74 feet; thence run N 43040'55" W along said Right-of- Way line for a distance of 1533.60 feet to the POINT OF BEGINNING. . Containing 17.342 acres more or less and being subject to any rights-of- way, restrictions and easements of record. &t~Jc EXIUBl'J' "B" SITE LOCl\TlOO MAP CITY OF OCOEE PROPOSED INITIAL ZONING CAS E NO. 1-2AR-9 -1: GOODMAN R-3 w ::::7-ITL't ~ C-2 C-3 nOAD 50 C-2 -C-3 OPEBlY sUBJECT P~ C~2 WINTEn GAnDEN nOAD - .. I rJia -- tfJIDii I .._1 -_I SITE SIZE: 17.3 ACRES EXISTING ZONING: ORANGE COUNTY AORICUL TUnAL PROPOSED ZONING: C-2, COMMUNITY COMMERCIAL . .- - ~~. ., -