Loading...
Ordinance 2010-014 Rezoning Health CentralDOCp 20100481719 B: 10091 P: 6581 08/18/201@ 12:55:53 PM Page 1 of 6 Ree Fee: $52.50 Martha 0. Haynie, Comptroller OrangQ County1 FL MB - Ret To: UCOEE ORDINANCE N0.2010-014 (Rezoning Ordinance for Health Central) viii ~~~~~~~rw~~Pii iu AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "A-1" ZONING, CITRUS RURAL DISTRICT TO OCOEE "R-3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND WEST OF AND ADJACENT TO OHIO 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 "R-3," Multiple Family Dwelling 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 1590030.1 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 CONIlVIISSION 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 "A-1" Zoning, Citrus Rural District to Ocoee "R-3" Zoning Multiple Family Dwelling 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. Mau. 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_1590030.1 _2_ 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 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_1590030.1 _3_ PASSED this day of , 2010. ADOPTED this ~ day of , 2010.. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Rusty Johns Mayor Pro Tem (SEAL) ADVERTISED a , 2010 READ FIRST TIME , 2010 READ SECOND TIME PASSED 2010 UNDER GENDA ITEM NO._~~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO ORM AND LEGALITY this ~ day of ~ , 2010. FOLEY NER LLP By: City Attorney ORLA_1590030.1 _4_ SHEET 1 OF 2 KETCI~ & DESCRIPTIaN THIS IS NOT A BOUNDARY SURVEY DESCRIPTION: ALL OF BLOCKS 1,2,10,11, AND LOTS 3 THROUGH 7, 11 THROUGH 17 AND 20 THROUGH 29 OF BLOCK 12, AND PORTIONS OF THE RIGHT-OF-WAYS OF GROVE STREET, JANE STREET, ROWE AVENUE, ARLINGTON AVENUE AND OHIO AVENUE AS SHOWN ON THE PLAT OF PARK RIDGE, SECTION 1, RECORDED IN PLAT BOOK "0", PAGE 100 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TOGETHER WITH THE RIGHT-OF-WAYS OF DIVISION AVENUE, GROVE STREET AND ARLINGTON AVENUE AS SHOWN ON THE PLAT OF WESTOVER FARMS, RECORDED IN PLAT BOOK "0", PAGE 120 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' TO THE POINT OF BEGINNING; THENCE S 89°25'27" E, A DISTANCE OF 30.00'; THENCE S 00'52'50" W, ALONG THE EAST RIGHT-OF-WAY LINE OF AFORESAID DIVISION AVENUE, A DISTANCE OF 629.53'; THENCE S 89'20'45" E, ALONG THE NORTH RIGHT-OF--WAY LINE OF AFORESAID GROVE STREET, A DISTANCE OF 1269.34'; THENCE N 00'38'41" E, ALONG THE WEST RIGHT-OF-WAY LINE OF AFORESAID ARLINGTON AVENUE, A DISTANCE OF 631.26'; THENCE S 89'41'24" E, A DISTANCE OF 5.62'; TO A POINT ON A 1239.92' RADIUS NON-TANGENT CURVE HAVING A RADIAL BEARING OF N 71°21'59" E, THENCE THROUGH A CENTRAL ANGLE OF 03'08'42", RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 68.06', THENCE LEAVING SAID CURVE RUNS 00'37'50" W, A DISTANCE OF 955.05'; THENCE S 74'38'30" E, ALONG THE NORTH RIGHT-OF-WAY LINE OF AFORESAID JANE STREET, A DISTANCE OF 372.23', TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 408; THENCE S 00'37'50" W, A DISTANCE OF 144.89' TO THE POINT OF CURVATURE OF A 350.50' RADIUS CURVE CONCAVE WESTERLY; THENCE THROUGH A CENTRAL ANGLE OF 14'36'25", RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 89.36' TO THE POINT OF TANGENCY, THENCE S 15'14'15" W, A DISTANCE OF 41.95'; TO A POINT ON A 2156.04' RADIUS NON-TANGEN'( CURVE HAVING A RADIAL BEARING OF S 21'30'03" W, THENCE LEAVING AFORESAID WEST RIGHT-OF-WAY LINE OF STATE ROAD 408, THROUGH A CENTRAL ANGLE OF 01'36'06", RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD, A DISTANCE OF 60.28'; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE RUN N 15°14'15'" E ALONG THE WEST RIGHT-OF-WAY LINE OF AFORESAID OHIO AVENUE, A DISTANCE OF 36.21' TO THE POINT OF CURVATURE OF A 290.50' RADIUS CURVE CONCAVE TO THE WEST, THENCE THROUGH A CENTRAL ANGLE OF 14'36'25", RUN ALONG THE ARC OF SAID CURVE 74.06" TO THE POINT OF TANGENCY; THENCE RUN N 00° 37'50" E, A DISTANCE OF 98.62' TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF AFORESAID JANE STREET; THENCE RUN N 74'38'30" W, ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 108.42'; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, RUN S 15'21'30" W, A DISTANCE OF 130.00 ; THENCE RUN N 74'38'30" W, A DISTANCE OF 6.09'; THENCE RUNS 15'21'30" W, A DISTANCE OF 68.17' TO A POINT ON A 2156.04' RADIUS NON-TANGENT CURVE HAVING A RADIAL BEARING OF S 15°55'46" W, THENCE THROUGH A CENTRAL ANGLE OF 01'20'50", RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD, A DISTANCE OF 50.70', TO THE POINT OF TANGENCY; THENCE N 74'33'07" W, A DISTANCE OF 1016.37'; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD, RUN N 15'21'20" E, A DISTANCE OF 66.67'; THENCE S 74'38'30" E, A DISTANCE OF 100.00'; THENCE 15°21'20" E, A DISTANCE OF 130.00' TO THE SOUTH RIGHT-OF-WAY LINE OF AFORESAID JANE STREET; THENCE N 74'38'30" W ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 150.00'; THENCE LEAVING SOUTH RIGHT-OF-WAY LINE RUN S 15'21°20 W, A DISTANCE OF 196.60' TO THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD, THENCE N 74'33'07" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 250.00'; THENCE LEAVING SAID NORTHERLY RIGHT--0F-WAY LINE RUN N 15'21°20" E, A DISTANCE OF 196.20' TO THE SOUTH RIGHT-OF-WAY LINE OF AFORESAID JANE STREET; THENCE N 74'38'30" W ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISI~ANCE 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 SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 29.06' TO THE POINT OF TANGENCY; THENCE S 00°52'50" W, A DISTANCE OF 156.97'; THENCE S 36'56'52" E, A DISTANCE OF 39.14'; THENCE N 74°33'07" W, A DISTANCE OF 111.77'; THENCE N 53'03'48" E A DISTANCE OF 30.55' TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID DIVISION AVENUE; THENCE N 00'53'29" E ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 899.32'; THENCE S 89°25'27" E A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. CONTAINING 719,843.9 S(~UARE FEET (16.5 ACRES) MORE OR LESS. (HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BV THE BEARINGS SHOWN HEREON ARE BASED ON THE MAPPERS NAC DAOPTE ROB 7 FIOORIDA ADMW SRTRATIVE WEST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, CODE PURSUANT TO SECTION 472.027, FLORIDA RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS STATUTES. DATED THIS 13th DAY OF JULY, 2010 A.D. BEINGS 00° 52' 50" W (ASSUMED). _ RALPH THOMAS SNOW PROFESSIONAL SURVEYOR AND MAPPER Legacy Land Surveying, LLC STATE OF FLORIDA REGISTRATION Na 5551 NOT VALIOIMTHOUT THE SIGNANREANDTHEORIGINAL U =CHANGE OF DIRECTION RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND tAAPPER 2624 Bent Hickory Circle Longwood, Florida 32779 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY 407-701-6101 - tsnow@legacylandsurveying.com Licensed Business Number 7848 SL7UTH OVERALL W/ LESS OUT PftOJECI NO. FrtE NO. ~n_nnQ ~tn_nniZ Exh i wit *~ g.. SHEET 2 OF 2 SKETCH & DESCRIPTION THIS IS NOT A BOUNDARY SURVEY SE=CTION 20 SECTION 21 SECTION 29 SECTION 28 POINT OF COMMENCEMENT NW CORNER OF SECTION 28-22-28 of 3 0 0 O POINT OF BEGINNING L4 L5 N M M ~ Cn ~ ~ N ~ ~ W ~ p O N N ~ ~ Z~I Io LINE BEARING DISTANCE L1 S 00'37'50" E 144.89'__ L2 S 15' 14' 15" W 41.95' L3 N 53'03'48" E 30.60' L4 S 89'25'27" E 30.00' L5 S 89'25 27 E 30.00 L6 S 89'41'24" E 5.62' 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 _ L18 N 15'21'20" E 66.67' L19 S 74'38'30" E 100.00' L20 N 15'21'20" E 130.00' L21 N 74'38'30" W 150.00' L22 S 15'21 20' W 196.60 L23 N 15'14'15" E 36.21' L24 N 00'37'50" E 98.62' L25 N 74'38'30" W 108.42' L26 S 15'21'20" W 130.00' L27 N 74'38 30 W 6.09 L2_8 S 15'21'20" W 68.17' s 4 3 & dCK A wESTOIER FARMS PR Q Po t]d L6 C3 ~ ~~ t t0 P~`TtPP9i~ N C9~ M ~ ~ ~ 2~GT O ~ y~V9-~90 W > A ~ ~4i0 i I Q .$~~ L. ~ ~C O~ Q O oTt ' ~ O ~ Z 4 ' LOT 1 O ~ ~ ~ASSdtlAlidN~ LANE LOTfA CRONEB Pe L Pd 57 • ~ I S 89'20'45" E I 1269.34' I I ' o _ ~ GROVE STREET 60' R/W ~ w (/4. G RC / ~ L 2 3 , , a.mc t I t a ' 4 e __ PG ~W t PAR PB Id 5 8 T e 10 11 '~' , 6 B dC K 2 L3 'd , 1 SPARK RBbCk' ,2 L2 3 a _ PARK AIDGE SEC 50 2t PR 0. PG 0 4D TION t 0 11 1 18 Pg ~C51 0~ / 18 0 m ~ ~ s ~ANf 'T 's t2 is g a 7RffT z e u 9 w ~ 60 R >~~ 433. ' e 0j„ _ 3 s 2$~ 0~' w a P e ~ z S > S N n^ ARK RfO~ 11 e Pe ~ sEC ncW to ~J8 ate Q 3 ~ zo: . , , PARK Od 9f IZ 0 >4.3 ~ o ~ 3 Q> PEST 1/4 CdRNER OF ~~ ~N (1/ sECnw ze-zz-za TER 1 F G ~ 2 ~ i'bNCRE1E%YWUYEM ARDEN RpA~"37' ~' " m rn ~ RAW w7 0TH ~ARrES ° CURVE ARC LENGTH RADIUS DELTA ANGLE C1 89.36' 350.50' 14'36'25" C2 60.28' 2156.04' 01°36'06" _ C3 68.06' 1239.92' 03°08'42" C4 29.06' 15.53' 107' 13'07" C5 74.06' 290.50' 14°36'25" C6 50.70' 2156.04' 01'20'50" C6'' /L~2~ RADIAL BEARING /_/ C2 815'85'46°W 1 Rp,O~ ~ 3i 52 0 d°7 n ti w c m N 1 1 Legacy Land Surveying, LLC ~ =CHANGE OF DIRECTION 2624 Bent Hickory Circle Longwood, Florida3277s THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY 407-701-6101 tsnow~legacylandsurveying.COm PROJECT NO. FRE NO. Licensed Business Number 7848 SOUTH OVERALL ~ n nno ~ n_nnQ 2 14 _I_ 3 i 13 Ns_ 4 IZ -~~o _ s m°am n 8 q ,1-d B