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Home My WebLink AboutOrdinance 98-16 ORDINANCE NO. 98-16 CASE NO. R-98-04-04: L. F. and Mary Ellen Roper Partnership AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-3, MULTIPLE FAMILY DWELLING DISTRICT, TO C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 11.9 ACRES LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF STORY ROAD AND MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property to C-3, General Commercial District (the "Rezoning"); and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that 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, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant 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 the zoning classification of said real property be "C-3, General Commercial District", as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; 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, the Ocoee City Commission has determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission 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. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 11.9 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "R-3, Multiple Family Dwelling District" to "C-3, General Commercial District": 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 as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 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 5. CONFLICTING ORDINANCES. 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this ~ day of ---A-u6u~ T , 1998. ATTEST: APPROVED: $5:;I1RIDA S. Scott Vandergrift, Mayor (SEAL) ADVERTISED July 23,1998 READ FIRST TIME July 21,1998. READ SECOND TIME AND ADOPTED A-u (bUS T t/ ,1998. Under Agenda Item No. V I B FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO }\ORM 4ND LEGALITY this If day of ttJ'dVOC-,1998. FOLE~NER By: ~ -;; f&Jt;j City Attorney Exhibit A (Ordinance 98-16) SKETCH OF DESCRIPTION DESCRIPTION PARCCL r-.4 ~ AT THE: NORJHrIf:ST CORNER OF THE SOUTHfIEST r/4 OF SECT10N rg, 'TOrIINSW' 22 SOUTH. RNIGC 28 EAST. ORANGE COONTY . Ft~ RUN 1HENCC terfJ~C ALONG THC E:AST - WEST CENTCRLlHE OF St\IJ SECTIONf' A DISTANCE OF '.9.00 FrCT: THENCE. RUN StJtrlJ'n"C A DISTANCE OF .10.00 FEU TO A POINT ON n€ SOUfH RIGHT-Olr-tMY llHf.' OF STORY ROAD. SW POINT ALSO.....8EING THE "POINT OF lJ(GINNWG; fHENCr RUN HtW1J"WE .ALONG S4I) SOU1H RIGHT-OF-IMY LJN[ A OISTN<<:E. OF feal. fa FaT: THENCE. RfJHSOtr4J"2rr A DISTANCE OF .92.41 FEET: THENCE: RUN S8rlJ'WW A DISTANCE OF. 1OM55 FaT: 1HENCE: RUN NOCrrg''''W A DISTANCe OF .92..9 FffT TO THE POINT OF- BCGlNNWG. t , CONTNHS r'.9220 ACRES OR .5 rm" SQUAR[ FffT IIORE OR LESS. ii Exhibit B (Ordinance 98-16) L. F.&"Mary Ellen Roper Partnership , Rezoning Case Number R-98-04-04 Request to Change Zoning from R-3 to C-3 '~,.'. .i j;, . l' ; .'<.....'. 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