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HomeMy WebLinkAboutOrdinance 90-79 ORDINANCE NO. 90-~]_~___ . CASE NO. _ ___1::-_2_2AK=~~!t~TOM_ WF;~1'_ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY_~_=_~J?~::r:~G!"~_~f.h:MJ4Y__~~________ B$~JP~NTJ:,A,_~__.PJ_STR:::r:~.1'-u ________~_ ____m____ _ TO B-=_l- AA___~___~_~_~____ , ____~ IN~~_~_X~~!.~X____________ B~_SJD F;l>l_T.:rl~,:r.. __..R.I S _TR I C T____ ~__~__ ________~_ ______ ON CERTAIN REAL PROPERTY LOCATED ON '!'_~_~__ SO~UTH s:nt~_OF GE~EY~_~Y~.NQ~_MD_J~ETW:E~!L c::.!t!~~_GQ....M!:Q_ C~~!.E.QB.N:r~_~Y~IDl~~___________~__~ 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 (lithe peti tioner") have peti tioned the City Commission of the Ci ty of Ocoee, Florida (lithe Ocoee City Commission") to rezone and establish an initial zoning classification for said real property of__E-_...J.._=_~~______~______ f ~_ING4~~_X_~MJJ.X___J~,~~~I12J;:J'{TJ:A:r..__DI~'!'R.::r:~'r_____ (lithe Initial Zoning"); and WHEREAS, pursuant to Section 3.2 of Chapter II of Appendix II A II of the Code of Ordinances of the City of Ocoee, Florida ( lithe Ocoee Ci ty Code II ), the Planning Director has reviewed said peti tion 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 (lithe 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 (lithe 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 ~~___K=J_=A~_____ __u__________. _ , _~;r: N~:r.. E F AJ1:r]J Y _.K~~;r:DJ;:NTJ_~~k_ D IS TR_I~_'K_____ ______~_~~_____~__~___~________, 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 pUD~1C 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 Ci ty Commission in accordance with the procedures set forth in Section 166.041 (3) (a), Florida Statutes. 1 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: S~_c;_~tQ!L1_~ The City Commission of the City 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. . ~~c;J~:i,O!l:__4----,,- 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 wi thin the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County ~-1---L-._~JN9L~_X~M:I:J=Jl_B]:~I.Q~NT~k_J!;t~':I'RI'<::':I'~ to " R -1- f>.AHu_' _gl'!<;;_l.J.~_HJi'Jl.l1J::L.X_K~~_J:P~N_':[':r.A,:L._ QI STRJ:..<::.':I'_____mH___ " . SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. $_~c;~j.<:>I:1__)_! That the City 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. $~c;tj.Q!l:____4.. The Ci ty 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. ::;_~Ct:.iO!!____!)_.! All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. ::;~c:..t:_:i,o!Lj~.!_ Sev~rabtJi ty.!. 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. S~_c;t.j.Q!l:_I~ ]ttt~ct_j.ye DC!t:.~_!_ This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~J~m__ day of )J#.J/~_t1~______, 1990. . APPROVED: CITY OF OCOEE, FLORIDA (SEAL) 2 . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITI) .TH....It ..........a.L DAY OF I~HD.~YJ.:~., 1990 FOLEY & LARDNER, VAN DEN BERG, GAY'e~URK1' Wr::JiJSON & AR IN By: 04 ( .' __ __,__ .......'..._._.__.'____. ...._..'n'.___.._ _~ ._. _,___~____".'__""____'__'__" .. n,'. ... ___ _.._. __ .-___.__ City Attorney ADVERTISED Novembe!:_L...., 1990 READ FIRST TIME :1'{QY.~X(I!2.~:r::Q., 1990 READ SECOND TIME AND ADOPTED _._H:Q~_.c;;\j.,t..w_._._---- , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~_~L__., 1990 UNDER AGENDA ITEM NO. \I B.B 3 \, t '\ CITY OF OCOEE PROPOSED INITIAL ZONING CASE NO. 1-22AR-90:TOM ,WEST R..-. .. -l'.""-.'.'~...'....'...'...~~'.'.;'..'.-"~'[.'.:'.-.'.........:;' i .~'--TRmw...; 1-A~. I I . '. . 'JJ r l:;< I ' I;. . R ,3' I ',-.. . I '.;." " . tlVH IT~ Ill). :>> .. ~ r~ ~I: 1 :,~~r.;.r 1 I '. ",,1/ 1-22AR-'90:TO~WESTi ~t'.\, L=f=Jl====P'. ~ ~\ i I \ l". _.. r 1 \ ~ . ' -- - -r- .. ..~~ ,,/ " \ ,~..J EXISTING ZONING R-1( ORANGE COUNTY) PROPOSED ZONING R-1-A{0C0B:) EXHIBIT A '11 " ., t\~ ( Ij . \ \ . EXHIBIT A LEGAL DESCRIPTION: LOTS 22, 23 AND 21" BLOCK 6, AND A FORTION OF TilE RICllT OF WAY OF GENEVA STREET AS SHOWN ON THE "MAP OF OCOEE" AS RECORDED IN PLAT nOOK A, l'AGES 100 AND 101, OF TUE PUBLIC RECORDS OF OltANCE COUNTY, FLORIDA ALL LYING NORTIt OF A BRliliCU (CREEK) CITED IN THAT CERTAIN WARRliliTY DEED RECORDED IN OFFIC1Al. RECORDS BOOK 3101, PAGE 2095, OF SAID PUBLIC RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 22, BLOCK 6, OF TIlE I "MAP OF OCOEE" AS RECORDED IN PLAT BOOK A, PAGES 100 AND 101, OF THE PUaLIC RECORDS OF ORANGE COUNTY, FLORIDA, RUN SOUTH ALONG THE EAST BOUNDARY OF SAID LOT 22 TO ITS INTERSECTION WlTll A BRANCH, SAID BRANCH CITED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFIctAL RECORDS BOOK 3101, PAGE 2095, OF SAID PUBLIC RECORDS; THENCE RUN WESTERLY ALONG SAID BRANCH TO ITS INTERSECTION WITH THE WESTERLY BOONDARY OF Lor 24 OF SAID "HAP OF OCOEE"; THENCE RUN NORTHERLY ALONG TilE WESTERLY BOUNDARY OF SAID LOI 24 AND A NORTHERLY PIWJECl'ION THEREOF TO THE NORTHERLY RIGHI OF LINE OF GENEVA STREET AS SHOWN ON SAID "NAP OF OCOEE"; THEN~E RUN EAS'tERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE TO ITS INTERSECTION WITil TUE NORTHERLY l'ROJECTION OF THE WESTERLY BOUNDARY OF AFORESAID LOT 22; THENCE ttUN SOUTHERLY ALONG SAID NORTHERLY PROJECTION TO THE NORTH WEST CORNER OF SAID LOT 22; THENCE RUN EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 22 . TO TUE POINT OF BEGINN1NG, SUBJECT TO EASEHENTS AND RESTRICTIONS OF RECORD. BEARINGS BASED ON THE ASSUMPTION THAT TilE EAST BOUNI)ARY OF SAID LOT 22 BEARS NOO OO'OO"E. 'I' J- 2141(-1p: T()~ WErT . Hit) q , I '1"; i/l ;',1:' . : 1.1.' Gl . II ~ f ' \:" ,. I , ' i i ( 'I r~ 1