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Ordinance 2010-013 Rezoning Heatlh CentralORDINANCE N0.2010-013 (Rezoning Ordinance for Health Central) DOCp 20100481718 B: 10091 P: 6575 08/18/2010 12:55:53 PM Page 1 of 6 Rec Fee: $52.50 Martha 0. Haynie, Comptroller Orange Countyj FL MB - Ret To: UCOEE ~~~~~ ~ ~~ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "P-O" ZONING, PROFESSIONAL OFFICE DISTRICT TO OCOEE "P-S" ZONING, PROFESSIONAL OFFICES AND SERVICES DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND EAST OF AND ADJACENT TO DIVISION 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 "P-S," Professional Offices and Services 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_1590045.1 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 located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "P-O" Zoning, Professional Office District to Ocoee "P-S" Zoning Professional Offices and Services 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. Man. 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_1590045.1 _2_ SECTION 5. Official Zoning Man. 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_1590045.1 _3 _ PASSED this ~ day of ~ ~ , 2010. ADOPTED this ~jr`~ day of ~, 2010.. ATTEST: CITY OF OCOEE, FLORIDA ;... e ikenberry, City Clerk , Rusty Johns , yor Pro Tem (SEAL) ADVERTISED ~clt,~.ll 02 a-- , 2010 READ FIRST TIME , 2010 READ SECOND TIME AND PASSED U.S , 2010 UNDER AGENDA ITEM NO.~_ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO ORM AND LEGALITY this ~ day of ~ J. , 2010. FOLEY & L NER LLP sy: City Attorney ORLA_1590045.1 _4_ E ~C H 1 E~ I T~ " .'" SHEET 1 OF 2 SKETCH & DESCRI PTION THIS IS NOT A BOUNDARY SURVEY DESCRIPTION: LOTS 1, 2, 30 31 AND 32 OF PARK RIDGE, SECTION 1, RECORDED IN PLAT BOOK "0", PAGE 100 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'; THENCE N 89°25'27" W, A DISTANCE OF 30.00'; THENCE S 00°52'50" W, ALONG THE WEST RIGHT-OF-WAY LINE OF DIVISION AVENUE, A DISTANCE OF 899.32'; THENCE S 53°03'48" W, A DISTANCE OF 30.60'; THENCE S 74°33'07" E, A DISTANCE OF 111.77' TO THE POINT OF BEGINNING; THENCE S 74°33'07" E, A DISTANCE OF 97.18'; THENCE N 15°21'20" E, A DISTANCE OF 196.20'; THENCE N 74°38'30" W, A DISTANCE 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 29.06' ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENTCY; THENCE S 00'52'50" W, A DISTANCE OF 156.97'; THENCE S 36°56'32" E, A DISTANCE OF 39.14' TO THE POINT OF BEGINNING_ CONTAINING 28,493.4 SQUARE FEET (0.7 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 BEINGS 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 HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER J677, FLORIDA ADMINISTRATNE CDDE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. DATED THIS 131A DAY OF JULY, 2010 AD. RALPH THOMAS SNOW PROFESSIONAL SURVEYORAND MAPPER STATE OF FLORIDA REGISTRATION No. 5561 NOT VALIO IMTH WT THE SIGNATURE AND TF1E ORIGINAL RAISED STJ L OP A FLORIDA DCENSED $URVEYgRAND MAPPER THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY PART OF BLOCK 12 PROTECT NO. ~ FIIE NO. EACH I BIT " B" SHEET 2 OF 2 SKETCH & DESCRIPTION THIS IS NOT A BOUNDARY SURVEY SECTION 20 I SECTION 21 SECTION 29 SECTION 28 POINT OF COMMENCEMENT ~ NW CORNER OF SECTION 28-22-28 ° ~ co ~~ ~ o cD 0 L4 ~ N N 0! O O ~ N ~ w ~ 6 O j Q LINE BEARING DISTANCE L3 S 53°03'48" W 30.60' L4 N 89°25'27" W 30.00' L7 N 15°21 '20" E 196.20' L8 N 74°38'30" W 152.55' L9 S 00°52'50" W 156.97' L10 S 36°56'32" E 39.14' CURVE ARC LENGTH RADIUS DELTA ANGLE C4 29.06' 15.53' 107° 13'07" 5 I 4 I 3 BLOCK A WESTOVER FARMS PB 0, PG 120 N GROVE STREET 60' R/W C4 N (~ 2 3 BLOCK 1 5 ~ 1 I 2 3 4 o PARK RIDGE. SECTION 1 5 8 7 8 14 ~ PB O. PG 100 8 BLOCK 2 N L3 ~ ~ 3 ~ ~ 22 PAR PBIO, PG t000N 1 21 ~ 2 /~ 4 O 20 1B 18 n RAR 8 OIOCk STREE S o k R/ 12 s N Pg OGpGSEOp ON ~ 10 77 h h ~' N N ~ ~ Z T 6D. R/~, > 101 ~ /" ~ N L 10 / v N N N p N N N g W S ,A. W `t ' 2 3 7 ~ N 9j. ~8' E ~ O e ~ B o O/ NT BCD OF eE ~ N N N LOC Rq 7) & 9 7p RRB Gp~ b p G~NN~ WINTE ~ oo N / R NG GqR Rk SECTION 28 ~22 E280F DEN ROgD R/W N N N M N CONCRETEXMONUMENT WIDTH VgR~ES N N N NO ~ Legacy Land Surveying, LLC 2624 Bent Hickory Circle Longwood, Florida 32779 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY 407-701-&101 tsnow@IegacylandsuNeying.com PROJECT N0. FILE NO. Licensed Business Number 7848 SOUTH OVERALL 10-MR 10-008