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HomeMy WebLinkAboutOrdinance 90-37 , . o~ ~ ~~ - EO 0 ~~ CDW a:Q~ }1~: J!O.~ ~o~_ coz8 =~~o ~o~o ORDINANCE NO. 90-37 CASE NO. 1-34AR-90: OZANIAN #2 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY AG, AGRICULTURAL DISTRICT TO PS, PROFESSIONAL OFFICES AND SERVICES DISTRICT AND C-2, COMMUNITY COMMERCIAL DISTRICT ON CERTAIN REAL PROPERTY LOCATED NORTH OF STATE ROAD 50 AND ON BOTH SIDES 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 ("the Petitioner") have petitioned the City Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to rezone and establish initial zoning classifications for said real property of PS, Professional Offices and Services District and C-2, Community Commercial District ("the Initial Zonings"); and WHEREAS, pursuant to Section 3.2 of 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 Zonings requested by the Petitioner are 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 ("the Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has reviewed said petition and the requested Initial Zonings for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zonings requested by the Petitioner are consistent with the Ocoee Comprehensive Plan and are in the best interest of the City and have recommended to the Ocoee City Commission that said real property be zoned PS, Professional Offices and Services District, and C-2, Community Commercial District, as requested by the Petitioner, and that the Ocoee City Commission find that the Initial Zonings requested by the Petitioner are 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 zonings of said real property:-and WHEREAS, the Ocoee City Commission has determined that the Initial Zonings requested by the Petitioner are 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. 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, Agricultural District" to "C-2, Community Commercial District": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, . section 3. 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, Agricultural District" to upS, Professional Offices and Services District": SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. section 4. That the city Commission of the City of Ocoee, Florida, hereby finds the new zonings of the lands described in this Ordinance are consistent with the Ocoee Comprehensive Plan, Section 5. 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 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded, Section 7. 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 afffect the validity of the remaining portion hereto. Section 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this .;loti. day of lVoU6-m&€rR... , 1990, APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . Clerk ( SEAL) - 2 - . '\. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO F~~AND LEGALITl\ THI~ ~ lD"IP DAY OF IJD.)~W' , 1990 FOLEY & LARDNER, VAN DEN BERG, GAY ,t1DR~ Wrt;;JJ;!JIN By: ~~ ~ ~ City Attorney RPTMV2/7434L(1) 01(10/31/90) ADVERTISED NOVEMBER 8, 1990 READ FIRST TIME OCTOBER 31, 1990 READ SECOND TIME AND ADOPTED JJoOGtvlAbtt. ;)0 , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON IJO()8'nhtd~...;t...O , 1990 UNDER AGENDA ITEM NO. 1/, [. I~ - 3 - .. I E X H I BIT "~" TO ORDINANCE NO. 90-37 CASE NO. 1-34AR-90: OZANIAN #2 Legal Description Parcel A PROPOSED ZONING: C-2 THAT PART OF LOTS 1 AND 8. TH! SOUTH ! /2 OF THE 30 FOOT ROADWAY ADJACENT TO THI NORTH LINE THER!Or ANn THB WEST 1/2 OF THE 30 FOOT ROADwAY ADJACENT TO THE E~ST LINE OF LOT 1 ORLANDO GROVES ASSOCIATION, LAKE LOTTA OROVIS. ACCORDING TO . THE PLAT THEREO', AS RECORDED IN PLAT BOOK i PAGE 52 Of THE P~8LIC RiCORDS OF ORANGE COUNTY, FLORIDA, BHING DESCRIBED AS FOLLOWS; COMfltlNeB AT TMI SOUTHWEST CORNIR or THE SOUTHWEST 1/4 0' SiCTION 21, TOWNSHIP 22 SOUTH, IANOI za lAST, ORANG. COUNTY, FLORIDA FOR A POINT or IIFERINCI: THINCI RUN N 8'.47'52" I, ALONG THI SOUTH LINI 0' SAID SOUTKWI8T 1/4, 1323.74 FliT TO THI WIST LINB 0' SAID LOT I: THINCI IUN N 00.11'23" W, ALONO SAID wlST LINI, 81.83 'liT TO TMI NORTHIRLY aIOHT 0' WAY LINI or STATI lOAD NUMB.R 50 POR TU POINT or IIOINNIHO: THiNCI CONTINUI N 00'11'Z3" W, ALONO SAID WIlT LINI, 511.04 FB!T TO TH, CINTIRLINI or A 30 rOOT ROADWAY LYINO NORTH OF AND ADJACINT TO SAID 1..0TS 7 AND 8; THINCI aUN N 1'..5'58" I, ALONO SAID CINTIRLINI, 13Z5.11 r.IT TO TKI CINTIBLINI OF A 30 FOOT ROADWAY LYINO lAST 0' AND ADJACINT TO lAID LOT 7: THBNel RUN S 00.00'0." W, ALONO SAID CINTBRLINK, 591.82 '21T TO THI APORISAID NORTHIRLY RtOMT or WAY LINI or STATS ROAD NUMBIR so: THINel RUN S 81..1'00" W, ALONO lAID NORTHIRLY RIGHT 0' VAY LINI, 1321.11 FlIT TO THI POINT or IIGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL: . THAT PART or LOT I AND THI SOUTH 1/2 or TNI 30 rOOT ROADWAY LYING ADJACINT TO Tal NORTH LINI TNIRlor. ORLANDO OROVIS ASSOCIATION, LAXI LOTTA GROVIS. ACCORDING TO THB PLAT THIRBor AS RICORDID IN PLAT BOOK I. 'AOI 52, or THB PUBLIC IICORDS or ORANGI COUNTY, 'LORIDA, IIINO DESCRIBID AS 'OLLOWS: COMHINCI AT THI SOUTIIWIST CORNIR 0' THI SOUTHVIST 1/4 or SICTION 21, TOWNSHIP 22 SOUTH, IANOI- 21 lAST, ORANOI COUNTY, FLORIDA, '01 A POINT or RIPIRINCI; THINel RUN N 1"41'52" i, ALONa THI SOUTH LINI or lAID SOUTHWIST 1/4. 1323.74 r..T TO THI WIST LINI or SAID LOT 8; THINCB RUN N 00.11'23" tI, ALONG SAID WIST LINa, '1.8.3 ,.IT TO TO NORTHlRLY RIOHT or WAY l.tNB or STATE ROAD N\mBD 50, POR TO POINT or I.GINNING: THINe. CONTIW. N 00.11'23" W, ALONO SAID nST LINI, 51'.04 '..T TO THI CINTIRLINI or A 30 'OOT ROADWAY LYINQ NOHTURLY OF AND ADJACINT TO SAID LOT 8; THINCI RUN N 1'..5' 58" I, ALONO SAID CINTIRLINI, 241.19 'liT TO THI WI.TlaLY RIGHT or WAY LIN. 0' PROPOlID CLAIX ROAD; TRlNCI RUN S 00'13'44" I, ALONO SAID PROPOIID VlITIRLY RIOHT 0' WAY LIMI, 5.1.1. 'lIT TO APORIIAID NORTHlRLY RIOHT OP WAY LINB or STATI ROAD NUMBI. 50; THINe a S "..1'00" w, ALONO SAID HOaTHKlLY RIGHT OP WAY LINI, 241.10 rllT to THB POINT or IIGINNING. ... E X H I BIT "B- TO ORDINANCE ~O. 90-37 CASE NO. 1-34AR-90: OZANIAN #2 Legal Description Parcel B PROPOSED ZONING: PS . THAT PART OF LOT 8 AND THE SOUTH 1/2 OF THE 30 FOOT ROADWAY LYING ADJACENT TO THB NORTH LINI THIRIOF. ORLANDO GROVES ASSOCIATION, LAKE LOTTA GRaViS. ACCORDING TO THE PLAT THEREOr AS RSCOROiD IN PLAT BOOK I. PAGI 52. OF THi PUBLIC RECORDS OF ORANO! COUNTY. FLORIDA. BIING DESCRIBED AS !POLLOWS: COMMENCE AT THE SOUTHWBST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21. TOWNSHIP 22 SOUTH. RANGi 28 EAST, ORANGi COUNTY. FLORIDA. FOR A POINT or RIFIRiNCI: THINC! RUN N 89..7'52" E, ALONG THE SOUTH LINE 0' SAID SOUTHWIST 1/4. 1323.74 FlIT TO THE WIST LINI OP SAID LOT 8; THINC. RUN N 00.11'23" W. ALONG SAID WEST LINI, 57.83 FliT TO TU NORTHERLY RIGHT OF WAY LINE OF STATE ROAD NUMBIR SO. POR THE POINT OF BIGINNINO; THINC! CONTINUI N 00.11'23" W. ALONO SAID WIST LINI. 596.04 FlIT TO THI CINTIRLINI or A 30 POOT ROADWAY LYINQ NORTHERLY OF AND ADJACINT TO SAID LOT 8; THINCI RUN N 8t.45'S8" I. ALONO SAID CINTIRLINI. 24'.89 P.IT TO TKI WlIT.RLV RIGHT OF WAY LINI 0' PROPOSID CLAllK ROAD; TUNCI RUN S 00.13'44" i, ALONO SAID PROPOSID WIITIaLY RIOHT O' WAY LIKI. 596.19 'liT TO AFORESAID NoaTURLl RIOHT O' WAY LINI or STATI ROAD NUMBER 50; THINCI s .....'00" w. ALONO SAID NORTHERLY RIGHT OF WAY LINI. 24'.10 'liT TO THI POINT or IIOINNING. THB ABOVI DISCRIBID PARCIL 0' LAND CONTAINS 3.401 ACRIS MORI OR LISS. . \ II CITY OF OCOEE PROPOSED INITIAL ZONING CASE NO. 1-34AR-90:0ZANIAI.N #2 '- I ....-\ '\ \titl'IJ~{it~ ~ ~ Jt -- r ,; - - r" ,,--:)Illjr . , i ~ n:q. Tf 1,1 i;E,)f [I I... I. '. ~ L ._IL ... -.' ..' -.1.::: :-..: ::: =:7J'#)P:-'~F_~-:r~~11~~:'~t',;':'H:~~':i;i;i'.."\; ~ - -- -. . - ~ -;-- .- -'1 .;: ..~; . < '.J~ :.,j:'.; :J/:;.A:~;.".~~i',;',;:;:~:'i." j" .:.:'....~:. ~,' . :':Vl'CAS E NO. 1-34AR-90:0ZANIAN" #2 { , .' l~ '.: ~ Lci:;;;;:~1 S~z~.;~f~~:: ' '" .'. 1f1lliur,;.:r,' ""-~.lD fJ -- - ..-- II' -.--- ----.- ---J " ::+: . '5 II \li (' ....L. 10 ji " ., I, lih'i'!r!n'MW0,/~/ i, I.,,' I ~=~ I~~ Ul: pn_"~"fit U~JI!i.1M.f.{ ifiii .. .J(" ;(I~:rtll1t~pXI I I . ,'~&. .\..,)r~rt l1('~~r.n' 'tilt'; .. . - -.., r' II RJ-M .\ .. .' \i TIt :. : . ~ ~ ~ .0] rn~n]J == ~ .~ -=-I:I~ I . ~'kl!.lln IT1 r1 . ",..JllIrlIl- '- , . '. t,.' . ,...~.Z fW.O ~ Vb!llJm Wi'-i .: ~\ -. . mUlllTI ~1ff!":1~~"!~r;--:---r~ ~: .: . n rrnrm;~m \~1! ~ : m; I ,,1 Ct ':1:1 ''-111-. .., P._".,,_. ~11~ .- - - 1... ::.. --'l-(\ -.' '1'-' l.l!jlJiJ . . --------..: I l[~,- I . ~ i ' I EXISTING ZONINGAG PROPOSED ZONING C-2 AND PS . 'It ~ 1, , I' "I !,' I i II'j !