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Home My WebLink AboutOrdinance 90-39 . o~ Q) -CD > EO ~ ::J1;' Qj.- ~CQ a:o 0.... 'c:i~~ 1;~ 0 II '2i1lu.x.... r!..O~u. fC:;'Zf ~WO ORDINANCE NO. 90- 39 CASE NO. 1-19AR-90: HEAVENER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY AG. AGRICULTURAL DISTRICT TO C-2 , COMMUNITY COMMERCIAL DISTRICT ON CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF STATE ROAD 50 AND 400 FEET WEST OF CLARK 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 Peti tioner") 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-2 Community Commercial 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 ( "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 (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 C-2 , Communitv 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 WHEREAS, the Ocoee City commission has held a de novo public 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 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 AG. Aqricultural District" 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. 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 oJ 0 ~ day of N D \J G fYI ~ trR... 1990. Clerk APPROVED: CITY OF OCOEE, FLORIDA ~A:2t ATTEST: . (SEAL) 2 . . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALIT1~tJHI~ f)61h DAY OF ~' ~, 1990 FOLEY , LARDNER, VAN DEN BERG, GA~~URKE' "lfSON ILAIAKIN By: 'aJ2 ~ f~-J City Attorney ADVERTISED November 8 , 1990 READ FIRST TIME October 31, 1990 READ SECOND TIME AND ADOPTED NOVl:-fh 6trtt ~ 0 , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON NOli Gn1 ~Ir)(. ~ 0 , 1990 UNDER AGENDA ITEM NO. VI c/~ . 3 CITY OF OCOEE PROPOSED INITIAL ZONING CASE NO. 1-19AR--90:HEA VNER -.T~~ II. --~,. ~ .._- ---~l. . i ~---~----' . . . ..- ~l- 1 IHM CLARK ROA: I "T 1 - JJ\=,1 .. "II-'~, ~~.- J ~l. rn~_ ".._- .- -,;.;;..........'.. I ';1', of. u..., \ 1,\ l :: ~_ ._J~___ n ~ 3 .- -l-~ - - - - - - . \ ' CASE NO. 1-19AR-90:HEAVENER ~-"@ f II .C-2,; C'- 2' LA'. IlA"C "D .l '... r" . -,- ,," - 20 :" I . .' .,,.-:~.. -..... .,~ . . . t ::""'. C~ ~ . :;. rJ . I \ " . .! .~:.:l F- I I p S - ..... - ~r -hi ib.~,JU L Ill-Tfl1 FJt.:::r'll El:r-'c ....:J.-..~--.. ", .'::012';;.:r:;::;';E: ~1' ..... ~r EXISTING ZONING AG PROPOSED ZONING C-2 EXHIBIT A -I, ih.1<2. l or ~ I . ,\\ ..... ." . "'. . . ", '.' EXHIBIT A ~il.;;,i}!:::;c;.:~;~,(>:,: '2;; :.(:,.,:.",:. ..>.' .,....: .' . . .I. : >~. . i':' ..~.. ~'.' ~. "'. .'. ~. .~/t...~'" .~~ '.. . '~':l' ... . . . '1. .-............: ~....-. ..-'-:....~--.....:.......:..."----,~--~_.~.....-.._~-_.. ...-_....._....-..-"..~_._.. ..~-..J :~:::I~: of the 'Southwest 1/4 AND the Southeast 1/4 of the Southwest 1/4 of the. Southwest 1/4 of Section 21, Township 22 South, Range 28 East, Orange County, Florida, LESS Right-of-Way for State Road 50; . ... ..- -~; . .. .' .... . , ' . . ,~. :., . ......' ; .~."... ';~.',., ." ..... ..., ", ':,,:' ~""" . .'.,.-'. . ... .. - ." '.., '. - . '. . ..' . . ... /: ,:,;/':-.:::j::f " ":"'J" ." , . '. ". . . '. . . ~ '.. .. .. _ _._'-____.; .. _ _......_-...:...__"-:.--...~JI~"" Also described as follows: . t_'; ..~ ."i'.~"'.: 4...."'1... , .,.,.. '\, ~ .~' .' 'l-'.-:'. :. "~ \ ' ~\. ',: '\ ' ,:. ..' , ,. . . Begin at the Northwest corner of the North 1/2 of the Southwest 1/4 o'f the' Southwest 1/4 of Section 21, Township 22 South, Range 28 East, Orange County, Florida and run N 89056'06" E along the North ,line of said, North 1/2 of the Southwest 1/4 of the Southwest 1/4 for ; a Idistance o,f 1328.25 feet to the Northeast corner thereof; thence run ,~ S 00000'24';' W along the East line of the Southwest 1/4 of the ", Southwest 1/4 of said Section 21 for a distance of 1234.74 feet; thence fun WEST along the North line of State Road 50 (175' R/W) ., ,:,: for a distance of 662,03 .feet; thence run N 00005'25" W along the West line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 said Section 21 for a distance of 570.57 feet to the Northwest corner thereof; thence run S 89057'59" W along the South line of the '. ~lforesaid North 1/2 of the Southwest 1/4 of the Southwest 1/4 for a Jistance of 663.00 feet to the Southwest corner thereof; thence run ~ 00011'14" \V along the \Vcst line of said North 1/2 of the Southwest 1/4 of the Southwest 1/4 for a distance of 663.06 feet to the POINT OF BEGINNIl\G, f r ,.~ . ~ "'~ .-c-.,...... ,_.,..w ..-.r~_...T.._.:-. ~., ,.r. ~.-r--:""-------~-' ---..-.---...~~ ,_._~~p.....,. ,.ur-..,~'.._~::~'.~.: ':~:':T":' 4 . .' 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