HomeMy WebLinkAboutOrdinance 90-73
ORDINANCE NO. 90- 73
CASE NO. 1-40AR-90:BOURLAND
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY AG. AGRICULTURAL DISTRICT
TO C-3. GENERAL COMMERCIAL DISTRICT ,
ON CERTAIN REAL PROPERTY LOCATED ON
TOMIN ROAD AND TWELVE-HUNDRED FEET WEST
OF MAGUIRE 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 (lithe
Petitioner") have petitioned the City commission of the City of
Ocoee, Florida (lithe Ocoee City Commission") to rezone and
establish an initial zoning classification for said real property
of C-3. GENERAL 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 (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 C-3, GENERAL 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
j .I WHEREAS, the Ocoee City Commission has held a de novo
j~O ~ public hearing with official notice thereof with respect to
~ ~~proposed zoning of said real property; and
tt~i.ci
~J~ WHEREAS, the Ocoee City commission has determined that
~~~iJthe Initial Zoning requested by the Petitioner is consistent with
!i~~ the Ocoee Comprehensive Plan; and
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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.
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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 "Orange County AG. Aqricultural District II to
II C-3 General Commercial District ":
.
SEE EXHIBIT "A" 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. Severabi1itv. 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 ~ I A day of JJ 0 llf-M 13tR.
1990.
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APPROVED:
CITY OF OCOEE, FLORIDA
~~
ATTEST:
( SEAL)
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FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO F AND
LEGALITY 1'1 ITHIS
DAY OF IV , 1990
FOLEY , LARDNER, VAN DEN BERG,
By:AY'6"~~ Wltr;Jt:tN
city Attorney
ADVERTISED November 8 ,1990
READ FIRST TIME October 31, 1990
READ SECOND TIME AND ADOPTED
N 0 V 6-WI ~bft ..). I , 19 9 0
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON tv 0 r)~ t'?Ht. ~ ,1990
UNDER AGENDA ITEM NO. V V
3
CITY OF OCOEE
PROPOSED INITIAL ZONING
CASE NO. 1-40AR-90:BOURLAND
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EXISTING Z'ONING AG
PROPOSED ZONING C-3
EXHIBIT A
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EXHIBIT A
t.c6At !lcSC;(/f7T/O;;'.
THE WEST 12 ACRES OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 30, TOWNSHIP 22 SOUTH, ,RANGE 28 EAST,
ORANGE COUNTY, FLORIDA. LESS TURNPIKE RIGHT-OF-WAY.
ALSO DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 30 TOWNSHIP 22 SOUTH,
RANGE 28 EAST; THENCE NORTH 00 DEGREES 44 MINUTES 12 SECONDS
WEST, A DISTANCE OF 2601.47 TO THE EAST ONE-QUARTER CORNER OF
SAID SECTION 30; THENCE SOUTH 89 DEGREES 18 MINUTES 10 SECONDS
WEST, A DISTANCE OF 921.40 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 89 DEGREES 18 MINUTES 10 SECONDS WEST, A DISTANCE
OF 394.88 FEET; THENCE NORTH 00 DEGREES 36 MINUTES 32 SECONDS
WEST, A DISTANCE OF 1323.00 FEET; THENCE NORTH 89 DEGREES 19
MINUTES 04 SECONDS EAST, A DISTANCE OF 394.60 FEET; THENCE SOUTH
00 DEGREES 37 MINUTES 16 SECONDS EAST, A DISTANCE OF 1322.92 FEET
TO THE POINT OF BEGINNING.
LESS RIGHT-OF-WAY FOR SUNSHINE STATE PARKWAY.
PARCEL CONTAINING 12.00 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD
CASE NO. 1-40AR-90:BOURLAND
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