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Home My WebLink AboutOrdinance 90-71 ORDINANCE NO. 90- 71 CASE NO. 1-25AR-90:HELLER RXR . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, SINGLE FAMILY RESIDENTIAL TO R-3 , MULTI-FAMILY RESIDENTIAL DISTRICT ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLD WINTER GARDEN ROAD AND PROFESSIONAL PARKWAY 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 R-3 ,MULTI-FAMILY RESIDENTIAL DISTRICT (lithe 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 ( lithe Ocoee City Code"), the Planning Director has reviewed said petition and determined that the Ini tial 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 R-3 ,MULTI-FAMILY RESIDENTIAL DISTRICT , as requested by the Petitioner and that the Ocoee City commission find that the Initial Zoning requested by the ~~ I ' Petitioner is consistent with the Ocoee Comprehensive Plan; and th-5 . .. ~ WHEREAS, the Ocoee Clty CommlSSlon has held a de novo I~ public hearing with official notice thereof with respect to ~ proposed zoning of said real property; and i II. li~;' WHEREAS, the Ocoee City commission has determined that i~o~8 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. 1 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 R-1. SINGLE FAMILY RESIDENTIAL DISTRICT" to II R-3 , MULTI-FAMILY RESIDENTIAL DISTRICT 11 : . 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 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. 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. section 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ). f ~ day of N OIJ6-l1'd~~ 1990. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA . (SEAL) 2 . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALIT , THIS ~ / A6 J. DAY OF , 1990 FO~ B~CE~COLB , ~Y~a MKIB B9 r cZ) cit.y ~t:L1ney 3pe-u a..J C~ u'? S&-L ADVERTISED November 8 ,1990 READ FIRST TIME October 31, 1990 READ SECOND TIME AND ADOPTED NOIJ~J"~ a, ,1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON N'II6-Vk.~~ .)./ ,1990 UNDER AGENDA ITEM NO. V r 3 CITY OF OCOEE PROPOSED INITIAL ZONING C.ASE NO. 1-25AR-90:HELLERRXR ,.-----.---.-. .-.------......--., .....- . ,..... t . if _~ I \~;;'~; C. ~:..' ~S ---, -~r:~:- {> .(N' r; I '. = --,1l: ~ -,1 - -1-1;--. ". . " ~!,--- LID " '. JU(E~f~~7f'~TI~" . : -~'~'-fE'-'-~''':'~-. '--'--'''--~.--=-i'i'.''.". ..' -; I [.~--~ ..n.__..... ~n rr~~I=-=--J':, ;r..f'?'l~.1.'1~7=- ~lr] 1-'. 1m/." I::~I; LI~'li':::IC^ .. " .. -. .... I .. "tor! ",171"" ,,,..,lll/-! :...-=:1.:::. , -J' ~ CASE NO. 1-25AR-90:UELLER R X R . ....../ . .. .". n -. . TJ I i 1 iij:Utf~rl'~'~[',i~F~l~'J~, . ,', \. ;n..II.,L-c:L.Ii.,~~:illJllUJ;uiJbi~I~I" 1 l' I I r I I r lrrIlIlYrl1r1~lf"'llrrIJ:: ' '. "~:;~~:'\l 1"11 III II !JI11I (1),1 !;H1 l~i: U i~i.. .. '. . '.~. .ij~ ~ '\~BS~..'.;'~;". .".'~' '. 1 ;......l"r~ I, f'''',J, :1JJ1.fHWU'!'fl..I,llln ...... ..~:,_;~,f~~~ ~ ",,"\C\\{. I fll'~j...1 C'h 3 .)\\. ~lj;'\" \ I : ,:.! $1:':'" ~r~~ITf' :> . ....:.. : '-.,"T.--' .':. _... .It.~,~. ; ~"j~T \ \ . ..J- EXISTING ZONING R-1 (ORANGE COUNTY) PROPOSED ZONING R-3 EXHIBIT A 'th f a.Jf- lc!)"f a. EXHIBIT A "";.... ,Commence at the Northeast corner or the South 1/2 of ' the Norl,hwest 1/4' of S~ction 29, Township 22 South, Range 28 East, Orange CciUI'lly, Florida; thcnce ~ 00029' 17" E, 30.00 fccl aloilg the quarter soclioli line I for a POINT OF BEGINNING; lhcncc continuc S 00029' h" E, 305.4) feet; thenceN 44013'32" W, 1\22.65 feel lo the Soulh Right- of-Way line of Old Winter Garden Road Extension; thcnce N 89~29'57" E, 292.20 feel along said South line to lhe aforcsnid quarter section line and the POINT OF BEGINNING; LESS that portion . ~he South 1/2 of lhe Norlhwest l/~ of saic! Seclion 29 Iyjng otlheasterly of the former CSX R:ulroad Right-of-Way. CASE: NO. 1- 25 A R - 9 O-:HE L L ER R X lR . 'I, p~ ~~~