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
:
\
\