HomeMy WebLinkAboutOrdinance 89-58
ORDINANCE NO.
89-58
CASE NO.
2-1CR-89:HELLER
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING
TO REZONING OF LANDS OWNED BY HELLER BROS. GROVES
LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF
OCOEE, FLORIDA AND LYING WITHIN SECTIONS 29 AND 30,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA; CHANGING THE ZONING CLASSIFICATION OF SAID
LANDS IN PARCEL #1 FROM R-1-A TO C-3, GENERAL
COMMERCIAL DISTRICT AND IN PARCEL'2 FROM R-3 TO
C-3, GENERAL COMMERCIAL DISTRICT; DESCRIBING THE
LAMD BEING REZONED; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Heller Bros. Groves, has petitioned the city of
Ocoee Board of city commissioners for a zoning amendment with
respect to certain lands owned by said entity which are located in
the City of Ocoee, Orange County, Florida; and
WHEREAS, pursuant to section 3.2 of Chapter II of
Appendix A of the Oc;oee 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.
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 "R-1-A, Single Family Dwelling
District" to "C-3, General Commercial District":
Page 2
Case No. 2-1CR-89:HELLER
NEW ZONING CLASSIFICATION:
C-3
.
General Commercial District
.
LEGAL DESCRIPTION OF SUBJECT PROPERTY (PARCEL #1):
A parcel of land in the southeast 1/4 of section 30,
Township 22 South, Range 28 East, Orange County, Florida,
more particularly described as follows:
Commence at the northeast corner of the southeast 1/4 of
section 30, Township 22 South, Range 28 East, thence run
00 44'12" E along the east line of said southeast 1/4 and
the centerline of Maguire Road for a distance of 30.00
feet; thence run S 89 18'54" W parallel with the North
line of said southeast 1/4 for a distance of 40.00 feet
to the intersection of the west right-of-way line of
Maguire Road and the south right-of-way line of Tomyn
Road and the Point of Beginning; thence run S 00 44'12"
E along the west right-of-way line of Maguire Road for
a distance of 900.00 feet; thence leaving said right-of-
way line run S 89 15'48" W for a distance of 550.00 feet
to the point of curvature of a curve concave
Northeasterly having a radius of 800.00 feet; thence run
Northwesterly along the arc of said curve through a
central angle of 48 00' 00" for a distance of 670.21 feet;
thence run N 42 44'12" West for a distance of 466.16 feet
to the point of curvature of a curve concave
southwesterly having a radius of 650.00 feet; thence run
Northwesterly along the arc of said curve through a
central angle of 25 56'29" for a distance of 294.30 feet;
thence run N 68 40'41" W for a distance of 328.04 feet
to the south right-of-way l~ne of Tomyn Road; thence run
N 89 18'54" E along the south right-of-way line of Tomyn
Road, said south right-of-way line being 30.00 feet south
of and parallel with the north line of said southeast 1/4
for a distance of 1999.40 feet to the Point of Beginning.
Containing 27.354 acres more or less
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 "R-3, Multiple Family Dwelling District" to "C-3,
General Commercial District":
.
NEW ZONING CLASSIFICATION:
C-3
.
General Commercial District
LEGAL DESCRIPTION OF SUBJECT PROPERTY (PARCEL #2):
A parcel of land in the Southwest 1/4 and the Northwest
1/4 of section 29, Township 22 South, Range 28 East,
Orange County, Florida, more particularly described as
follows:
Page 3
Case No. 2-1CR-89:HELLER
.
Commence at the northwest corner of the southwest 1/4 of
said section 29; thence run S 00 44'12" E along the west
line of said Southwest 1/4 and the centerline of Maguire
Road for a distance of 929.96 feet; thence run N 89
15'48" E for a distance of 40.00 feet to the east right-
of-way line of Maguire Road and the Point of Beginning;
thence run N 00 44'12" W along said east right-of-way
line for a distance of 959.74 feet; thence run N 89
15'48" E along said east right-of-way line for a distance
of 17.18 feet; thence run N 13 18'01" E along said east
right-of~way line for a distance of 135.31 feet; thence
run N 00 44'12" W along said east right-of-way line for
a distance of 191.71 feet to a point on a curve concave
southwesterly having a radius of 4495.60 feet and a chord
bearing of S 54 01'31" E, said point being on the south
right-of-way line of the Sunshine State Parkway; thence
run southeasterly along the arc of said curve and said
south right-of-way line through a central angle of 25
56'10" for a distance of 2035.03 feet; thence leaving
said south right-of-way line run S 48 54'48" west for a
distance of 339.10 feet to a point on a curve concave
southwesterly having a radius of 405.55 feet and a chord
bearing of N 65 54'42" W; thence run northwesterly along
the arc of said curve through a central angle of 49
39'00", for a distance of 351.43 feet; thence run S 89
15'48" W for a distance of 1100.00 feet to the Point of
Beginning.
Containing 30.445 acres more or less
Section 4. The city Clerk is hereby authorized and
directed to revise the Official zoning Map of the City of Oeoee 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 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 J. d
day of January, 1990.
---- .
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
~B~
.
.
Page 4
Case No. 2-1CR-89:HELLER
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FO~ ~D
LEGALITY, this (~
day of January, 1990.
FOLEY , LARDNER, VAN
GAY, URRE, WILSON
lJ?t.
By:
city Attorney
ADVERTISED Dec. 22
READ FIRST TIME Dec.
REA\:ECOND TIME AND
-V/\AAd d..
, 1989
26 , 1989
ADOPTED
, 1990
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON ~ ~ , 1990
UNDER AGE A ITE NO. v & .