Ordinance 2010-012 Rezoning Health CentralDOCp 20100481717 B: 10091 P: 6569
08/18/2010 12:55:53 PM Page 1 of 6
Ree Fee: $52.50
Martha 0. Haynie, Comptroller
Orange County1 FL
MB - Ret To: VCOEE
ORDINANCE N0.2010-012
(Rezoning Ordinance for Health Central)
1111 @~I~i~'~~~Itk~~E~M1II II I
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "C-1" ZONING, RETAIL
COMMERCIAL DISTRICT TO OCOEE "C-2" ZONING,
COMMUNITY COMMERCIAL DISTRICT, FOR CERTAIN
REAL PROPERTY COMPRISING APPROXIMATELY 3.68
ACRES LOCATED SOUTH OF AND ADJACENT TO STATE
ROAD 50 AND WEST OF STATE ROAD 408, 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 "C-1," Community Commercial 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_1590016.1
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 COMMISSION 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 containing approximately 3.68 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "C-1"
Zoning, Retail Commercial District to Ocoee "C-1" Zoning Community Commercial 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").
ORLA_1590016.1 _2_
SECTION 3. Map. 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.
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 fmds 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_1590016.1 _3 _
J
PASSED this ~ day of til~ , 2010.
ADOPTED this day of t~ ~ , 2010..
ATTEST:
e Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO ~ ORM AND LEGALITY
this ~ day of (~ ~ , 2010.
FOLEY ARD R LLP
By:
City Attorney
CITY OF OCOEE, FLORIDA
Rusty Johnson}-~ Mayor Pro Tem
UNDE AGENDA ITEM NO.~_
ADVERTISED ~ (~.~~ ~-Z , 2010
READ FIRST TIME , 2010
READ SECOND TIME AN PASSED
~ 3 , 2010
ORLA_1590016.1 _4_
E~GH I BIT
SHEET 1 OF 2
SKETCH & DESCRIPTION
THIS IS NOT A B®UNDARY SUR!/EY
DESCRIPTION:
..*.
THAT PART OF THE NW 1/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NW CORNER OF SAID SECTION 28, THENCE RUNS 00°52'50" W, ALONG THE WEST LINE
OF SAID SECTION 28, A DISTANCE OF 82.10 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
STATE ROAD 50; THENCE RUNS 89°29'46" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
614.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 89°29'46°' E, ALONG SAID SOUTH
RIGHT-OF-WAY LINE, A DISTANCE OF 70.13 FEET; THENCE S 84°52'37°° E, ALONG SAID SOUTH
RIGHT-OF-WAY LINE, A DISTANCE OF 210.87 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE,
RUNS 00°40'01" W, A DISTANCE OF 561.56 FEET; THENCE RUN N 89°25'27" W, A DISTANCE OF 280.00 FEET;
THENCE RUN N 00°37'50" W, A DISTANCE OF 578.19 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 160,259.8 SQUARE FEET (3.68 ACRES) MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE WEST
LINE OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA AS BEING S
00' 52' 50" W (ASSUMED).
Legacy Land Surveying, LLC
2624 Bent Hickory Circle
Longwood, Florida 32779
407-701-6101
tsnow~legacylandsurveying.com
Licensed Business Number 7848
I HERE6Y CERTIFY THAT THIS SKETCH MEETS THE
MINIMUM TECHNICAL 37ANDAROS AS SET FORTH BY THE
FLORIDA BDARD OF PROFESSIONAL SURVEYORS AND
MAPPERS W CHAPTER JS17, FLORIDA ADMINISTRATIVE
CDDE PURSUANT TO SECTION 472.027, FLORIDA
STAMES. DATED THI5131h DAY OFJULY, 2D10 A.D.
RALPH THOMAS SNOW
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA REGISTRATON No. 5581
NOT VALID WI'OSOUTTHE SK3NATU2EAND THE ORIOINPL
RAISEp SEAL OF A FLORIDA LICENSED 6URVEYOR AND M4PPER
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SKETCH 8c DESCRIPTION
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Legacy Land Surveying, LLC ~ =CHANGE OF DIRECTION
2624 Bent Hickory Circle
' Longwood, Florida 32776 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY
407-701-6101
tsnaw~legacylandsurveying.com '"°'~"° "E"D
Licensed Business Number 7848 SOUTH OVERALL 10-008 10-008