Ordinance 2010-026 Rezoning Health Central III ORDINANCE NO. 2010-026
(Rezoning Ordinance for Health Central)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "C -1" ZONING, RETAIL
COMMERCIAL DISTRICT TO OCOEE "R -3" ZONING,
MULTIPLE FAMILY DWELLING DISTRICT, FOR
CERTAIN REAL PROPERTY LOCATED NORTH OF AND
ADJACENT TO JANE STREET 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 ");
DOCII 20100599301 B: 10119 P: 8522
10/13/2010 02:50:14 PM Page 1 of 6
Rec Fee: $52.50
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: OCOEE
ORLA 1606331.1 1111 Reilfilith kill 01
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. Authority. 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 "C -1" Zoning, Retail Commercial 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. 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.
ORLA_1606331.1 -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_1606331.1 -3-
PASSED this 5 *-� day of 0 Ck _A- .r , 2010.
ADOPTED this t5 day of (j CkO , 2010..
ATTEST: CITY OF OCOEE, FLORIDA
- Ai _ . _ .DLLk'A, -, - 7S- , -7A' -. 6 ce,.t.-„„A
.-.
Be Eikenberry, City Clerk Sc Vander rift Mayor
ty Vandergrift,
(SEAL)
ADVERTISED 5 -e k ., - (- ,13 , 2010
READ FIRST TIMESA)k.miv r .1.‘, 2010
READ SECOND TIME AND PASSED
C(`,.\v1 zC 3 , 2010
UNDER AGENDA ITEM NO. m
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this C day of 6~/-- , 2010.
FOLEY & ARDNER LLP
By: 411C- 1 441(--i
City Attorney
ORLA_1606331.1 -4-
EXHIBIT "A"
The Property
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SKETCH & DESCRIPTION
THIS IS NOT A BOUNDARY S:JRVEY
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DESCRIPTION:
ALL OF BLOCK 3, AMU PORTIONS OF THE RIGHT —OF —WAYS OF GROVE STREET, ARLINGTON AV=.NLE ANC ,
OHIO AVENUE AS SHOWN ON THE PLAT CF PARK RIDGE. SECTION 1, NECCRDE.) IN PLAT D001 - 0 - , PAGE
100 OF THE PUBIC RECORDS CF ORANGE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
1- 0LLC'WS:
COMMENCING AT - 9-1� NW CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST. RON S
00'52'50" W, ALONG THE WEST LINE OF SAD SECTION 28, A DISTANCE OF "289,1! ; THENCE S 89'20'4•"
E, ALONG THE NORTH RIGHT—OF—WAY LINE OF AFORESAID GROVE STREET, A DISTANCE OF 1299.34',
1 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 CF 5.62'; TO A POINT ON A 1239.92 RADIUS
NON— TANGENT CURVE HAVING A RADIAL BEARING OF N 7'1'71'59" E. THENCE 'HOUGH A CENTRAL ANGLE
CF 03'08'42 ", RLN SOUTHEASTERLY AI ONG THE ARC OF SAID CURVE 68.006', THENCE LEAVING; SAC) i..;RVE
RUN S 00'37'50" W, A DISTANCE OF 597.64' TO 111E POINT OF BEGINNING; 'THENCE S 39'20'45 E, A
DISTANCE OF 345.88' TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF AFORESAID OHIO AVENUE;
THENCE S 3 "C1'57" E A`,_ONG SAID EASTERLY RIGHT —CF —WAY LINE, A DISTANCE OF '26.90'; THENCE S
00'37 W ALONG SAID EASTERLY RIGHT —OF —WAY LINE, A DISTANCE OF 429.00'; THENCE LEAVING SAID
EASTERLY RIGHT —OF —WAY LINE R'UN N 74'38'30" 'W, A DISTANCE CF 372.23'; THENCE N 0:1':17'5 " E. A
DISTANCE OF 357.41' TO THE POINT OF BEGINNING.
CONTAINING '45,51 SQUARE FEET (3.3 ACRES) MORE OR LESS.
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1 ltllsy CFJEM THAT 110 SKETCH rec m THE
1t1MM TE EMI. *WOW* At SET REM WY VIE
FLORIDA BEARINGS SHOWN HEREON ARE BASED ON THE rAMEN iPnptan T
I WEST UNE OF SECTION 28, TCWNSHIP 22 SO:,TH, C PLEIMET YES RAMA
RANGE 28 EAST, ORANGE COUNTY. FLORIDA AS
BEING S 00' 52' 50" W (ASSUMED).
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ORLA_1606331.1 -5-
EXHIBIT "B"
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ORLA_1606331.1 -6-