HomeMy WebLinkAboutOrdinance 90-68
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ORDINANCE NO. 90- 68
CASE NO. 1-27R-90:HELLER ST
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 . MULTI-FAMILY,
RESIDENTIAL DISTRICT TO C-3. GENERAL
COMMERCIAL DISTRICT
ON CERTAIN REAL PROPERTY LOCATED EAST OF
MAGUIRE ROAD AND ADJACENT TO FLORIDA'S
TURNPIKE ,
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 (lithe 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 (lithe Ocoee City
commission") to rezone and change the zoning classification for
said real property from R-3 ,MULTI-FAMILY RESIDENTIAL 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 City of Ocoee,
Florida (lithe Ocoee city Code II ), the Planning Director has reviewed
said petition and determined that the rezoning 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 rezoning petition 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 rezoning petition for consistency with the Ocoee Comprehensive
Plan 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
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.
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 R-3. MULTI-FAMILY RESIDENTIAL DISTRICT II to
"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 zonlng 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 J....l
day of ;tJ 0- V6-(Vl ~6-1!..
, 1990.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
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( SEAL)
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FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FO~ AND
LEGALI THIS ;;luf
DAY OF ~k.-er-, 1990
PoW IB4teIC€. +CoLB .) f? /I.
...5~~C.D VI? ~
ADVERTISED November 8
READ FIRST TIME October
READ SECOND TIME AND
tV" r; E-I\-\./\ ~ ~ I
, 1990
31 ,1990
ADOPTED
, 1990
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON N D rJ t-rr\ I}~ .J./ , 1990
ONDER AGENDA ITEM NO. V Q .
,
CITY OF OCOEE
PROPOSED REZONING
CASE NO. 1-27R-90:HELLER ST
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EXISTING ZONING
R-3
PROPOSED ZONING
C-3
EXHIBIT A
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A parcel of land in the Southwest 1/4 of Section 29, Township 22
South, Range 28 East, City of Ocoee, Orange County, Florida, being
more particularly described as follows:
.
Commence at the Northwest corner of the Southwest 1/4 of said
Section 29, thence run S 00044'12" E along the \Vest line of said
Southwest 1/4 and the centerline of Maguire Road (80' R/W) for a
distance of 929.96 feet; thence run N 89015'48" E for a distance of
925.66 feet to the POINT OF BEGINNING; thence continue
N 89015'48" E for a distance of 214.34 feet to the point of curvature
of a curve concave Southwesterly having a radius of 405.55 feet;
thence run Southeasterly along the arc of said curve through a
central angle of 49039'00" for a distance of 351.43 feet to a point of
non-tangency; thence run N 48054'48" E along a radial line for a
distance vf 339.10 feet to a point on a curve concave Southwesterly
having a radius of 4495.60 feet and a chord bearing of
S 37023'50" E, said point being on the South Right-of-Way line of
the Sunshine State Parkway; thence run Southeasterly along the arc
of said curve and said South Right-of-Way line through a central
angle of 07019'12" for a distance of 574.35 feet to a point of non-
tangency; thence leaving said South Right-of-\Vay line run
S 89037'57" W along the North line of the Southeast 1/4 of the
Southwest 1/4 said Section 29 for a distance of 63.99 feet; thence
run S 00033'03" E along the East line of the West 1/2 of said
Southeast 1/4 of the Southwest 1/4 for a distance of 906.98 feet;
thence run S 89049'05" W along the North line of the South 400.00
feet of said West 1/2 of the Southeast 1/4 of the Southwest 1/4 for a
distance of 525.00 feet; thence run N 50001'07" W along a radial
line for a distance of 43.42 feet to a point on a curve concave
Northwesterly having a radius of 200.00 feet and a chord bearing of
N 19042'55" E; thence run Northeasterly along the arc of said curve
through a central angle of 40031'57" for a distance of 141.49 feet;
thence run N 00033 '03" \V for a distance of 575.40 feet to the point
of curvature of a curve concave Southwesterly having a radius of
550.00 feet; thence run Northwesterly along the are of said eurve
through a central angle of 90011 '09" for a distance of 865.72 feet to
the POINT OF BEGINNING.
EXHIBIT A
CASE NO. 1-27R-90:HELLER ST
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