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HomeMy WebLinkAboutOrdinance 89-60 ORDINANCE NO. 89-60 CASE NO. 2-4ACR-89:BROWN . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO REZONING OF LANDS OWNED BY FRANCES MCGEHEE AND CAROLINE BROWN LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA AND LYING WITHIN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; CHANGING THE ZONING CLASSIFICATION OF SAID LANDS FROM ORANGE COUNTY AGRICULTURAL TO C-2, COMMUNITY COMMERCIAL DISTRICT FOR TRACT #1, I-l, RESTRICTED MANUFACTURING AND WAREHOUSE DISTRICT FOR TRACT #2, AND A-l, GENERAL AGRICULTURAL DISTRICT FOR TRACT #3; DESCRIBING THE LAND BEING REZONED; PROVIDING FOR AN AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Frances McGehee and Caroline Brown have petitioned the City of Ocoee Board of city commissioners for a zoning amendment wi th respect to certain lands owned by said persons which are located in the City of Ocoee, Orange county, Florida; and WHEREAS, the City commission of the City of Ocoee has by Ordinance No. 89-50, adopted on the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee the lands which are the subj ect of the petition for a zoning amendment; and WHEREAS, pursuant to Section 3.2 of Chapter II of Appendix A of the Ocoee City Code, the building official has reviewed the aforementioned application for a zoning amendment and determined that the proposed zoning amendment is consistent with the 1979 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 719, adopted April 15, 1980; and WHEREAS, the proposed zoning amendment was scheduled for study and recommendation by the Planning and Zoning commission of the City of Ocoee; and WHEREAS, pursuant to Section 5.1 of Chapter II of Appendix A of the Ocoee City Code, the Planning and zoning commission of the city of Ocoee held an advertised public hearing on October 24, 1989, with respect to the proposed zoning amendment and has forwarded its recommendation with respect thereto to the City commission of the City of Ocoee, all as required by Section 3.4 of Chapter II of Appendix A of the Ocoee City Code; and . WHEREAS, the city commission of the City of Ocoee has held a de novo public hearing with official notice thereof with respect to the proposed zoning amendment; and WHEREAS, this Ordinance has been considered by the City commission of the City of Ocoee 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 has the authority to enact this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Page 2 Case No. 2-4ACR-89:BROWN section 2. The zoning classification, as defined in Appendix A of the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee is hereby changed from "Orange County Agricultural" to "C-2, Community Commercial District": NEW ZONING CLASSIFICATION: C-2. . community Commercial District LEGAL DESCRIPTION OF SUBJECT PROPERTY (TRACT #1): That portion of Parcel 1 and Parcel 2 extending from the easterly row of the prescribed alignment of the Beltway to the western boundary of the above parcels. Parcel 1 - The southwest 1/4 of the southwest 1/4 of section 18, Township 22 South, Range 28 East (except that part deeded to the Tavares and Gulf Railroad Company). Also: The southeast 1/4 of the southwest 1/4 of section 18, Township 22 South, Range 28 East. Also Parcel 2 - Beginning at the intersection of the south side of the right of way of county brick road with the west line of Section 18, Township 22 South, Range 28 East, at a point 529 feet south of the northwest corner of SW 1/4 of section 18, Township 22 South, Range 28 East, thence south 818 feet, more or less, to the southwest corner of the NW 1/4 of SW 1/4 of said section 18, thence east to the southeast corner of NW 1/4 of SW 1/4 of section 18, thence north 796 feet, more or less, along the 40 line to the south line of the right of way of the county brick road, thence west along the south line of the right of way of the county brick road to the point of beginning. Except R/W of T. & G. Railroad. Also: Begin at the SW corner of NE 1/4 of SW 1/4 of section 18, Township 22 South, Range 28 East, run east to SE corner of said NE 1/4 of SW 1/4, thence north to R/W of T. & G. R.R., thence west along south side of said R/W 495 feet thence north to south side of brick road, thence west along south side of said road 784.2 feet, more or less, to the east line of NW 1/4 of SW 1/4 of said section, thence south 796 feet, more or less, to beginning, except R/W of T. & G. Railroad. section 3. The zoning classification, as defined in Appendix A of the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee is hereby changed from "Orange County Agricultural" to "1-1, Restricted Manufacturing and Warehouse District": . NEW ZONING CLASSIFICATION: I-l. Restricted Manufacturina and Warehouse District LEGAL DESCRIPTION OF SUBJECT PROPERTY (TRACT #2): The remainder portions of Parcel 1 and Parcel 2 not encompassed in Tract 1, as defined in section 2 of this Ordinance. Page 3 Case No. 2-4ACR-89:BROWN section 4. The zoning classification, as defined in Appendix A of the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee is hereby changed from "Orange County Agricultural" to "A-1, General Agricultural District": NEW ZONING CLASSIFICATION: . A-l. General Aqricultural District LEGAL DESCRIPTION OF SUBJECT PROPERTY (TRACT #3): All of Parcel 3 and further described as follows: Parcel 3 - Beginning at the southeast corner of the SW 1/4 of the SE 1/4 of section 18, Township 22 South, Range 28 East, run westerly along the south line of this "40", a distance of 597.3 feet to the point of beginning; now run north 671.6 feet, thence west 14 feet, more or less, to the big drainage ditch. Now follow ditch a short distance north, then northwest and then northeast to the north line of the "40" to a point 705 feet west of the northeast corner, thence west 611 feet, more or less, to the northwest corner, now run south 1261 feet, more or less, to the southwest corner, now run east 712 feet, more or less, to the point of beginning. 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 Ocoee City Code. 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 affect 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 ~~ day of January, 1990. . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~~~ (SEAL) r- ---- . . Page 4 Case No. 2-4ACR-89:BROWN FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FO~ LEGALITY, this day of January, 1990. FOLEY , LARDNER, VAN DEN BERG, GAY. {ii!' f~I~ON ',''J2t By: /1JJl f~ City Attorney ADVERTISED Dec. 22 READ FIRST TIME Dec. READ SECOND TIME AND ~TAVI..4Mt-'1 ~ , 1989 26 , 1989 ADOPTED , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Xl'\-tVt.{ ~ A. , 1990 UNDER AGENDA ITEM NO. V6 CITY OF OCOEE PROPOSED COMPREHENSIVE PLAN AMENDMENT -REZONING 1-_ r-1'"I1' I . T IIn;I' .i. ~~ [ ~ If c . .:x~""'a RY ~ = - R 1 II Ita, p... en :t. ~ _ _" J Ar111 iI.:j1 ~ 1_ dill I=;i t : ur ~U- ~ 1, ~2 t:= II! a: TRACT 3 ::.~ fiT. -1 z ~"1.. ,n ~ t CR~2 ;'l .. o i~ i t ;"; ::t, . . '. " '.J \ ID,. !.I~..fl}; i Y:iq l;~ 'J, ~ i'if:, '. ..'. ,.' ,,' 1- r'_;",_,;"~;~~_...:,c=J~'(J-1,,~ R~ .~, - -:', ~.~ - ..,.- - r:: :: llr -=- ::. r-=- -=. -=. -=. -=. -=. -=. - = ::::./ ~::' t,: ';"',' I ' '- . . !!';':::"lll \.. ..,'..: ':'; ,:. ," 1- 2 ':~~J., .' ....-. . ~ TRACT 1 I ~1 n - -- ~- SUBJECT PROPERTY ~ f- _' t' 1111" "" A, =9 ~.mTTrlli II 111111 ~~L1 /III ~ DIIII i, ~~ : : TRACT 2 .J.. . 'J .~ "'1"'" . - , : ~ e.: l""".' / :I~ I-:;~ [j_ ~ ~ ,__ L.t. : I If.:.! .' ,..d.I,;~ ,: ., '" L___ I l.__ ~--- ~._- ~:_:,: ~_.. ~h_ ,,/ l- I- l- T' ,: _.:, I \ ~~ .. I I I II I I r , . }.' .(t/"i~"l,_ ~/...,'-; . ,f." .... ..I'" " l. 'J. ... .,' ~~, ~'" . l ~'~I. a :;, ;i', ! .. .~. 1,1 l!"'1 . ;r.f~ . ..;, ;" II ,...,.... l-lI ";,to ~'" ;l-' I' ::Iff :::... ~ ,'-~ '"1 BEL TWAY, ,r.. Case 1'<<>. 2-4ACR-89:B~: Invo ving a 127.9 acre parcel located south of S.R. 438 (Franklin Street); nor h of West Orange Industrial Park; and partially straddling the Bownes! Road Extension. FRCM: Orange County Agriculture 1 TO: 1-1, Restricted Manufact~ing and Warehousing District STAFF AND P-Z BOARD I ECOMMENDATION ... '..- TRACT 1: C-2,COMMUNITYCOM ItERCIAL DISTRICT TRACT 2: 1-1, RESRICTED MANUFACTURING TRACT 3: A-1, GENERAL AGRICULTURAL DISTRICT : \ \