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HomeMy WebLinkAboutOrdinance 2003-28 ORDINANCE NO. 2003-28 CASE NO. RZ-03-03-03: Doss Rezoning Ordinance 1.66 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-IAA "SINGLE FAMILY DWELLING" TO OCOEE 1-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 1.66 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO A VENUE AND WEST OF THE EXISTING RAILROAD TRACKS PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 1.31 acres of property, as more particularly described in Exhibit "A", from Ocoee R-1AA "Single Family Dwelling", to Ocoee 1-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, the rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission 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, for the following described real property containing approximately 1.66 acres within the 006.303648. corporate limits of the City of Ocoee, Florida is hereby changed from R-1AA "Single Farnily Dwelling" to Ocoee 1-1 "Restricted Manufacturing and Warehousing": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and adoption. 006.303648. 2 PASSED AND ADOPTED this Jdday of !)SITYI1I3c-t- ,2003. ATTEST: Je (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND~-,~~L1TY This ~ dayof~ 1\~2003. ::yJ?1&Jtj City Attorney 006.303648. APPROVED: CITY OF OCOE~FLORIDA ADVERTISED ~ ~' 2003 READ FIRST TIME US , 2003. READ SECOND TIME D ADOPTED Sep+emhv ~ ,2003. Under Agenda Item No~~ 3 EXHIBIT "A" LEGAL DESCRIPTION: LOT 8 AND LOT 11, BLOCK '4',( LESS THE WEST 20 FEET FOR ROAD) LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE FOR THE SEABOARD COASTLINE RAILROAD, MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN S 11 03' 46" E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 395.45 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF SAID LOT 11; THENCE N 6951' 39" W, ALONG SAID SOUTHERLY LOT LINE 2~4.29 FEET; THENCE N 00 00' 00" E, 388.20 FEET TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT 8; THENCE S 69 45' 08" E, ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.660 ACRES MORE OR LESS. --_.._-"--.... _.___h__._.__ BOUNDARY SURVEY : " I -- i II ;.'r ".' i I ' I :tll" [DOc i: Z HdV 1MD ~.. l.~. ORLANDO STR EET < 60' R/W) "NEt )H" '48.." I.". 'I :,i ',; 589045'03-( B.0.8. 20.0 0 . . ;;: 0 .. l!l :[ 0 N .; ., ,., W :;) 0 z 8 uJ a: > a: <:( tt 0 . a . w w Vl Vl ~ ~ < Vl 0 (() N ~ '-' '" 8 0 0 0 8 z 8 /I (NO IMPROIlEMENTS HAVE BEEN)' LOCArED AS PER ,OWN En 0.0 8 11 "'D I"I.~ N890SJ'J9"W 2?4.29 COWMBUS STREET (60' RIN) "1403/." I.". 006.303648. 4 EXHIBIT "B" Richard A. Doss, Jr. 1.66-Acre Parcel Location Map L ~'R~~:5,j---J L-172 5 127 I , {' ~ r'Y, ..,'.. ~. I ......... II -./. ~ '):'}" V'l..)\'S:Ht~~(~~rC~:N t;T :t; WJ .::..~~: ~.~~ I J , , "'., ',' , ~ I i I i 4 I I "". ) I I ~ t.S I I I . t, J45 1 I, ~'" \ '~ '-"'I '~ ~ I " I ,},.: ~ ;g B ............ ". /". \;;;,," ......,.. ~~ ,:'t .;........ " ~, POND ..~ "''\., v', POND ;#. . 1., " .;:;. \. .'f!...':~ ~ ',- V \...,..:....,_~,: :~',... " "\.: " \ .,.:}0,. \. )?\. 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