HomeMy WebLinkAboutOrdinance 98-15
ORDINANCE NO. 98-15
CASE NO. R-98-04-03: Manheim Remarketing Limited 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 3.85
ACRES LOCATED APPROXIMATELY 1,870 FEET WEST 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 3.85 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-I(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 "it day of -A I.i 4 q ~1 , 1998.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
~~if::rY
(SEAL)
ADVERTISED July 16, 1998
READ FIRST TIME July 21,1998.
READ SECOND TIME AND ADOPTED
A..... 64 $ r- "-I , 1998.
Under Agenda Item No. 1/ ( A
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO !<?RM ~D LEGALITY
this~dayof ~J~;L-, 1998.
::LEY[ii~
City Attorney
Exhibit A
(Ordinance 98- J 5)
PARCEl "B"
,
Commence ot the Northwest comer of the Southwest 1/4 of Section 19,
Township' 22 South, Range 2B East, Orange County, Plorido; run thence
NB8.,J 29"E along the East - West centerline of said Section 19 a
distance of IB69.00 feet; thence SOcr19'22"E a distance of 30.00 feet to
o point on the South right-of-way line of story Rood,. said point also
being the Point of Beginning; thence continue SOO.,9'22"E a distance of
492.49 feet; thence SBB.,3'29"W 0 distance of 340.9B feet to a point on
the East line of the West 223 feet of the Northeast 1/4 of the Southwest
l/jf of said Section 19; thence NOD" 1 9 '22"W along said East line a
distance of 492.49 feet to a point on said South right-or-way line;
thence NBB.,3'29"E along soid South right-of-way lin~ a distance of
340.97 feet to the Point of Beginning.
Contains 3.B539 acres or 167,B74 square feet more or less.
....
Exhibit B
(Ordinance 98-15)
Manheim Remarketing Limited Partnership,
Rezoning Case Number R-98-04-03
Request to Change Zoning from R-3 to C-3
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Gen...' Loc8t1on MIIp
_ Manheim Remarketing Umited Partnership Rezoning
N Proposed Western Beltway Alignment
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. . .... Ocoee . Orange County Joint Planning Area Agreement
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Legend:
/ '" " / City Limits
Pan:el Unes
Surrounding Zoning and Location Map
Manheim Rezoning to C-3
Fl.ORIDA TURNPIKE