The URL can be used to link to this page

Home My WebLink AboutOrdinance 90-61 . () ~ 0 i- o.!! 'c: CJ >- (~.... ~ "-0 0;0 Or- ....... .. i.c....J' 1; S 0 ~ C') 4;;u""...l Il!O~LL CJ- ,aj c:OZQ) ~a8 ORDINANCE NO. 90- 61 CASE NO. 1-28R-90:Z0M SG AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM PUD, PLANNED UNIT DEVELOPMENT - COMMERCIAL TO C-2 . COMMUNITY COMMERCIAL DISTRICT ON CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF SILVER STAR AND CLARK ROADS , 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 Petitioner") 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 PUD, PLANNED UNIT DEVELOPMENT - COMMERCIAL to C-2 COMMUNITY 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"), 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-2. COMMUNITY 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. 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 II PUD. PLANNED UNIT DEVELOPMENT - COMMERCIAL II to "C-2 COMMUNITY 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 J'./J day of N D vt-f'\'\ ,,612- , 1990. APPROVED: . CITY OF OCOEE, FLORIDA ATTEST: ~~ (SEAL) 2 . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM ~D LEGALITjo THIS~)F DAY OF u~ , 1990 FOLEY' LARDNER, VAN DEN BERG, GAY~. 91R~' wrtt:;J1Jr By: lr~ { City Attorney ADVERTISED November 8 , 1990 READ FIRST TIME October 31 , 1990 READ SECOND TIME AND ADOPTED 1Jol)E:-vv...h~ ~I , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON N II V~ ~ ~ :1 \ ,1990 ONDER AGENDA ITEM NO. V T . 3 1\ ?jJ'"'''' [M 4Ui... . , ., " ' i !,.:., :" ~.... CITY OF OCOEE PROPOSED REZONING CASE NO. '1-28R-90:'Z0M SG ,~;". 'I'l' , ,f~~;~.:1;" ..; ,:~~rrfl-.: ...., , ,'i~."! ---:~--_., .. .~.. . . ,,- A- 1- It .I.h.,~ I" trfl:::."\" I i r: () \),,:~ .' '-.. , . . I . ,'.~ L . ' .. .~~ ~~h ';'I;.f' :1 f{ -I-t'~;r'.~. _~.r'-'-""l' . I - i r~ . ,. 10...,. ,.. "':~'~"'~I . , ...., " "I '.~':~~:! ---T ~ ~4' If? EXISTING ZONING PUD-COMMERCIAL PROPOSED ZONING C-2 EXHIBIT A . '" ?~ lof)'. PARCEL I A PARCEL OF LAND LYING AND BEING IN THE N.W. 1/4 OF SECTION 16. TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FLORIDA AND BEING ffiRE PARTICULARLY DESCRIBE!)' AS FOLLOWS: COMMENCE AT THE: SOUTHEAST CORNER OF THE NoW. 1/4 OF SAID SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST AND RUN S.890-59'-06"W.. ALONG THE SOUTH LINE OF SAID N.W. 1/4. A DISTANCE OF 720.80 FEET; THENCE NOoo-00'-S4uW. A DISTANCE OF 60..00 FEET; TO THE POINT OF BEGINNING: THENCE CONTINUING NOoo-00'-54"W. A DISTANCE OF 358.98 FEET; THENCE N040-44'-48"W. A DISTANCE OF 63.21 FEET; THENCE N090-17'-18"W A DISTANCE OF 63.83 FEET; THENCE NOr-42'-1l"W A DISTANCE OF 6-3.57 FEET; THENCE NOoo-CI'-18"E A DISTANCE OF 60.66 FEET; THENCE N080-07'-22"E A DISTANCE OF 60.51 FEET; THENCE NI30-45'-49"E A DISTANCE OF 60.51 FEET; THENCE NI90-23'-51"E A DISTANCE OF 60.51 FEET; THENCE N250-02'-18"E A DISTANCE OF 60.51 FEET; THENCE N300-55'16"E A DISTANCE OF 65.72 FEET; THENCE S590-04'-44"E A DISTANCE OF 324.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 450.00 FEET; THENCE SOUTHEASTERLY, ALONG SA ID CURVE, THROUGH A CENTRAL ANGLE OF 300- 23' - 39" AND AN ARC DISTANCE OF 238.72 FEET TO THE END OF SAID CURVE; THENCE S890-28'-23"E A DISTANCE OF 44.94 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE CONCAVE TO THE NORTHEAST WITH A CHORD BEARING OF S500-14 I -29"E, A CHORD LENGTH OF 63.24 FEET AND'" . A RAO I US OF 50.00 FEET; THENCE SOUTHEASTERLY ALONG THE CURVE THROUGH A CENTRAL ANGLE "'" OF 780-27'-46" AND AN ARC DISTANCE OF 68.47 FEET TO THE END OF SAID NON-TANGENTIAL (/) CURVE; THENCE SOoo-31'-37"W A DISTANCE OF 599.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 25.00 FEET; THENCE III:: SOUTHWESTERLY. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 890-27'-29" AND AN ARC":: 01 STANCE OF 39.03 FEET TO A POINT 20.00 FEET NORTH OF THE NORTH RIGHT -OF-WA Y OF10 SILVER STAR ROAD (S.R. 438); THENCE S890-59'-06"W. PARALLEL wITH AND 20.00 FEET NORTH OF THE SAID NORTH RIGHT-OF-WAY OF SILVER, STAR ROAD (S.R. 438). A DISTANCEN OF 646.60 FEET TO THE POINT OF BEGINNING; CONTAINING :1.712 ACRES, I'()RE OR LESS. .. (BEARINGS BASED ON THE EAST LINE OF BRENnlOOD HEIGHTS. UNIT ONE AS RECORDED IN PLATO BOOK "Z" PAGE 9 OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA BEING NOoo-OO'-54"W). iO) I I a: CO N I ,... EXHIBIT A PARCEL 2: A PART OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH. RANGE 28 EAST, ORANGE COUNTY. FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT THAT BEARS N.Ooo-31'-37"E.. 40.00 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE S.890-59'-06"W. ALONG THE NORTH RIGHT-OF-WAY LINE OF SILVER STAR ROAD (S.R. NO. 438). 50.00 FEET; THENCE N.000-31'-37uL. 50.00 FEET WEST OF AND PARALLEL wITH THE EAST LINE OF THE AFORESAID NORTHWEST 1/4, A DISTANCE OF 644.09 FEET; THENCE S.890-28'-23"L, 50.00 FEET; THENCE, S.000-31'-37"W. ALONG THE EAST LINE OF THE AFORESAID NORTHWEST 1/4. A DISTANCE OF 643.61 FEET TO THE POINT OF BEGINNING. CONTAINING 0.739 ACRE MORE OR LESS. PARCEL 3: . A PART OF THE NORTHWEST 1/4 OF SECTION 16. TOWNSHIP 22 SOUTH. RANGE 28 EAST. ORANGE _ COUNTY. FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF THE AFORESAID NORTHWEST 1/4; THENCE S.890-59'-06"W. ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4. A DISTANCE OF 720.80 FEET; THENCE N.00o-OO'-54"W.. 60.00 FEET TO THE POINT OF BEGINNING; THENCE N.890-59'-06"E., 20.0 FEET NOR1H OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY OF SILVER STAR ROAD (S.R. NO. 438), A DISTANCE OF 646,60 FEET; THENCE ALONG THE ARC OF A CURVE CONcr,VE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 890:.27'-29", A'-DISTANCE OF 39.03 FEET TO THE POINT ,OF TANGENCY; THENCE S.00u-31'-37"W.'1, 44.77 FEET; THENCE S.890-59'-06"W., ALONG THE AFORESAID RIGH1-0F-WAY LINE OF SILVER STAR ROAD (S.R. NO. 438). A DISTANCE OF 671.17 FrET; THENCE N.00o-00'-54"W.. 20.00 FEET TO THE POINT OF BEGINNING. 'ct'}L L~ . 10 Z W o <( o