HomeMy WebLinkAboutOrdinance 2010-014 Rezoning Health CentralDOCp 20100481719 B: 10091 P: 6581
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Ree Fee: $52.50
Martha 0. Haynie, Comptroller
OrangQ County1 FL
MB - Ret To: UCOEE
ORDINANCE N0.2010-014
(Rezoning Ordinance for Health Central)
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "A-1" ZONING, CITRUS RURAL
DISTRICT TO OCOEE "R-3" ZONING, MULTIPLE
FAMILY DWELLING DISTRICT, FOR CERTAIN REAL
PROPERTY LOCATED NORTH OF AND ADJACENT TO
OLD WINTER GARDEN ROAD AND WEST OF AND
ADJACENT TO OHIO AVENUE ,PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN AND THE
OCOEE CITY CODE AS OF THE ADOPTION DATE OF
THIS ORDINANCE; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN ADOPTION DATE AND
AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property to Ocoee "R-3," Multiple Family Dwelling District (the "Zoning");
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said
application and determined that the Zoning requested by the Owner is consistent with the 1991 City
of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended (the "Ocoee Comprehensive Plan");
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee ("PZC");
ORLA 1590030.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning 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 it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY CONIlVIISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authori The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land located within the corporate limits of the City of
Ocoee, Florida, is hereby changed from Orange County "A-1" Zoning, Citrus Rural District to
Ocoee "R-3" Zoning Multiple Family Dwelling District with such change becoming effective upon
the effective date of this Ordinance as provided in Section 9 below:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3. Mau. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
ORLA_1590030.1 _2_
SECTION 5. Official Zoning Map. At such time as this Ordinance becomes
effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the
Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this
Ordinance and the Mayor and City Clerk are authorized to execute said revised Official Zoning
Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the
Ocoee City Code.
SECTION 6. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8. 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 9. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
ORLA_1590030.1 _3_
PASSED this day of , 2010.
ADOPTED this ~ day of , 2010..
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S.
Rusty Johns Mayor Pro Tem
(SEAL)
ADVERTISED a , 2010
READ FIRST TIME , 2010
READ SECOND TIME PASSED
2010
UNDER GENDA ITEM NO._~~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO ORM AND LEGALITY
this ~ day of ~ , 2010.
FOLEY NER LLP
By:
City Attorney
ORLA_1590030.1 _4_
SHEET 1 OF 2
KETCI~ & DESCRIPTIaN
THIS IS NOT A BOUNDARY SURVEY
DESCRIPTION:
ALL OF BLOCKS 1,2,10,11, AND LOTS 3 THROUGH 7, 11 THROUGH 17 AND 20 THROUGH 29 OF BLOCK 12,
AND PORTIONS OF THE RIGHT-OF-WAYS OF GROVE STREET, JANE STREET, ROWE AVENUE, ARLINGTON
AVENUE AND OHIO AVENUE AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1, RECORDED IN PLAT BOOK
"0", PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TOGETHER WITH THE
RIGHT-OF-WAYS OF DIVISION AVENUE, GROVE STREET AND ARLINGTON AVENUE AS SHOWN ON THE PLAT OF
WESTOVER FARMS, RECORDED IN PLAT BOOK "0", PAGE 120 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN S 00°52.'50"
W, ALONG THE WEST LINE OF SAID SECTION 28, A DISTANCE OF 659.61' TO THE POINT OF BEGINNING;
THENCE S 89°25'27" E, A DISTANCE OF 30.00'; THENCE S 00'52'50" W, ALONG THE EAST RIGHT-OF-WAY
LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 629.53'; THENCE S 89'20'45" E, ALONG THE NORTH
RIGHT-OF--WAY LINE OF AFORESAID GROVE STREET, A DISTANCE OF 1269.34'; THENCE N 00'38'41" E,
ALONG THE WEST RIGHT-OF-WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 631.26'; THENCE
S 89'41'24" E, A DISTANCE OF 5.62'; TO A POINT ON A 1239.92' RADIUS NON-TANGENT CURVE HAVING A
RADIAL BEARING OF N 71°21'59" E, THENCE THROUGH A CENTRAL ANGLE OF 03'08'42", RUN SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE 68.06', THENCE LEAVING SAID CURVE RUNS 00'37'50" W, A DISTANCE OF
955.05'; THENCE S 74'38'30" E, ALONG THE NORTH RIGHT-OF-WAY LINE OF AFORESAID JANE STREET, A
DISTANCE OF 372.23', TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 408; THENCE S
00'37'50" W, A DISTANCE OF 144.89' TO THE POINT OF CURVATURE OF A 350.50' RADIUS CURVE CONCAVE
WESTERLY; THENCE THROUGH A CENTRAL ANGLE OF 14'36'25", RUN SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE 89.36' TO THE POINT OF TANGENCY, THENCE S 15'14'15" W, A DISTANCE OF 41.95'; TO A POINT
ON A 2156.04' RADIUS NON-TANGEN'( CURVE HAVING A RADIAL BEARING OF S 21'30'03" W, THENCE LEAVING
AFORESAID WEST RIGHT-OF-WAY LINE OF STATE ROAD 408, THROUGH A CENTRAL ANGLE OF 01'36'06", RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER
GARDEN ROAD, A DISTANCE OF 60.28'; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE RUN N
15°14'15'" E ALONG THE WEST RIGHT-OF-WAY LINE OF AFORESAID OHIO AVENUE, A DISTANCE OF 36.21' TO
THE POINT OF CURVATURE OF A 290.50' RADIUS CURVE CONCAVE TO THE WEST, THENCE THROUGH A
CENTRAL ANGLE OF 14'36'25", RUN ALONG THE ARC OF SAID CURVE 74.06" TO THE POINT OF TANGENCY;
THENCE RUN N 00° 37'50" E, A DISTANCE OF 98.62' TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
AFORESAID JANE STREET; THENCE RUN N 74'38'30" W, ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE
OF 108.42'; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, RUN S 15'21'30" W, A DISTANCE OF 130.00 ;
THENCE RUN N 74'38'30" W, A DISTANCE OF 6.09'; THENCE RUNS 15'21'30" W, A DISTANCE OF 68.17' TO A
POINT ON A 2156.04' RADIUS NON-TANGENT CURVE HAVING A RADIAL BEARING OF S 15°55'46" W, THENCE
THROUGH A CENTRAL ANGLE OF 01'20'50", RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE
NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD, A DISTANCE OF 50.70', TO THE POINT OF
TANGENCY; THENCE N 74'33'07" W, A DISTANCE OF 1016.37'; THENCE LEAVING SAID NORTHERLY
RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD, RUN N 15'21'20" E, A DISTANCE OF 66.67'; THENCE S
74'38'30" E, A DISTANCE OF 100.00'; THENCE 15°21'20" E, A DISTANCE OF 130.00' TO THE SOUTH
RIGHT-OF-WAY LINE OF AFORESAID JANE STREET; THENCE N 74'38'30" W ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 150.00'; THENCE LEAVING SOUTH RIGHT-OF-WAY LINE RUN S 15'21°20
W, A DISTANCE OF 196.60' TO THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER GARDEN
ROAD, THENCE N 74'33'07" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 250.00';
THENCE LEAVING SAID NORTHERLY RIGHT--0F-WAY LINE RUN N 15'21°20" E, A DISTANCE OF 196.20' TO THE
SOUTH RIGHT-OF-WAY LINE OF AFORESAID JANE STREET; THENCE N 74'38'30" W ALONG SAID SOUTH
RIGHT-OF-WAY LINE, A DISI~ANCE OF 152.55' TO THE POINT OF CURVATURE OF A 15.53' RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE THROUGH A CENTRAL ANGLE OF 107'13'07", RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE 29.06' TO THE POINT OF TANGENCY; THENCE S 00°52'50" W, A DISTANCE OF
156.97'; THENCE S 36'56'52" E, A DISTANCE OF 39.14'; THENCE N 74°33'07" W, A DISTANCE OF 111.77';
THENCE N 53'03'48" E A DISTANCE OF 30.55' TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID
DIVISION AVENUE; THENCE N 00'53'29" E ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 899.32';
THENCE S 89°25'27" E A DISTANCE OF 30.00 TO THE POINT OF BEGINNING.
CONTAINING 719,843.9 S(~UARE FEET (16.5 ACRES) MORE OR LESS. (HEREBY CERTIFY THAT THIS SKETCH MEETS THE
MINIMUM TECHNICAL STANDARDS AS SET FORTH BV THE
BEARINGS SHOWN HEREON ARE BASED ON THE MAPPERS NAC DAOPTE ROB 7 FIOORIDA ADMW SRTRATIVE
WEST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, CODE PURSUANT TO SECTION 472.027, FLORIDA
RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS STATUTES. DATED THIS 13th DAY OF JULY, 2010 A.D.
BEINGS 00° 52' 50" W (ASSUMED).
_ RALPH THOMAS SNOW
PROFESSIONAL SURVEYOR AND MAPPER
Legacy Land Surveying, LLC STATE OF FLORIDA REGISTRATION Na 5551
NOT VALIOIMTHOUT THE SIGNANREANDTHEORIGINAL
U =CHANGE OF DIRECTION RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND tAAPPER
2624 Bent Hickory Circle
Longwood, Florida 32779 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY
407-701-6101 -
tsnow@legacylandsurveying.com
Licensed Business Number 7848
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SHEET 2 OF 2
SKETCH & DESCRIPTION
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L4 S 89'25'27" E 30.00'
L5 S 89'25 27 E 30.00
L6 S 89'41'24" E 5.62'
L7 N 15'21'20" E 196.20'
L8 N 74'38'30" W 152.55'
L9 S 00'52'50" W 156.97'
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L19 S 74'38'30" E 100.00'
L20 N 15'21'20" E 130.00'
L21 N 74'38'30" W 150.00'
L22 S 15'21 20' W 196.60
L23 N 15'14'15" E 36.21'
L24 N 00'37'50" E 98.62'
L25 N 74'38'30" W 108.42'
L26 S 15'21'20" W 130.00'
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