Ordinance 2010-027 Rezoning Health Central III DOCa 20100599302 B: 10119 P: 8528
10/13/2010 02:50:14 PM Page 1 of 6
Ree Fee: $52.50
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: OCOEE
ORDINANCE NO. 2010-027 'III Mrliril 1'I II1
(Rezoning Ordinance for Health Central)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "R -2" ZONING, RESIDENTIAL
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 1606339.1
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. 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 "R -2" Zoning, Residential 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_1606339.1 -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_1606339.1 -3-
PASSED this 3' day of , 2010.
ADOPTED this t*- day of l.0 u%pe r' , 2010..
ATTEST: CITY OF OCOEE, FLORIDA
e Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
A D V E R T I S E D - - S 3 , 2010
READ FIRST TIMES,20 tly �‘, 2010
READ SECOND TIME AND PASSED
Ue k —r J , 2010
UNDER AGENDA ITEM NO. 1 `
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FOR AN D LEGALITY
this day of 6 C/ �' , 2010.
FOLEY & LARDNER LLP
By: ij
City Attorney
ORLA_1606339.1 -4-
EXHIBIT "A"
The Property
SHEET I OF 2
SKETCH & DESCRIPTION
THIS IS NOT A BOUNDARY SURVEY
DESCRIPTION'
LOTS 4 THROUGH '1. OF BLOCK 10. PARK RIDGE, SECTION 1, AS REOURDE= IN PLAT 000K "0" :'AGE 'JO OF
THE PUBLIC RECORDS OF ORANGE COUNTY. F .)RICA, HOING MORE PARTICULARLY DE-.ORIREC AS FCC CAW:
COMMENCING AT THE NW CORNER OF SEL;TION 28, TOWNSHIP 22 SOUTH. RANGE. 28 EAST.
W, ALONG THE WEST LINE OF SAID SECTION 29, A DISTANCE OF 659,61', THENCE, s 89'2:7;27" E, A DISTANCE
OF 30.00'; THENCE S 00'52 W. ALONG THE EAST RIGHT -OF -WAY LINE CF AFORESAID DIVISION AVENUE, A
DISTANCE OF 629.53'; THENCE S 89'20'45" E, ALONG THE NORTH .RIGHT-CF-WAY LINE OF AFORESAI" GROVE
STREET, A DISTANCE OF 1269.34', THENCE N 0:038'4'" E. ALONG THE WEST RIGHT -OF -WAY LINE CF
AFORESAID ARLINGTON AVENUE, A DISTANCE. OF 631.26'; THENCE S 89'41'24 E. A DISTANCE OF 5.52'; TO A
POINT ON A 1239.92' RADIUS NON- TANGENT CURVE. HAVING A RADIAL BEARING OF ?. "2''59" E THENCE
THROUGH A CENTRAL ANGLE OF C3'08'42 ". RUN SOUTHEASTERLY ALONG THE ARC CF SAID CURVE 08 .DC',
THENCE LEAVING SAID CURVE .R;,N S 00'37'50" A. A DISTANCE OF 955.05'; THENCE 5 74'38'30" E. ALONG
THE. NORTH RIGHT -OF -WAY LINE OF AFORESAID DANE STREET, A DISTANCE OF :572 23', TO A POINT ON THE
WEST RIGHT-OF-WAY LOU-. OF STATE ROAD 408; THENCE S 00'37'50" 8, A DISTANCE OF '44.80' TO THE
POINT OF CURVATURE CF A 350.50' RADIUS CUR'vE CONCAVE WESTERLY; THENCE THROUGH A CENTRAL
ANGLE OF 14' :56'2 , RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 89. 36' TO THE POINT CF
TANGENCY, THENCE S 15 W, A DISTANCE OF 41.95'; TO A POINT ON A 2156.04' RAD.,',JS
NON- TANGENT CURVE HAVING A RADIAL BEARING OF S 2- 30'03 W, THENCE LEAVING AFORESAID WEST
RIGHT -OF -WAY LINE CF STATE ROA. 40:8, THROUGH A CENTRAL ANGLE OF 0"3,6'06", R N SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT -OE -WAY LINE OF C'. C WINTER GARDEN ROAD,
A DISTANCE OF 60.29', TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT -CF -'WAY UNE
R! N N '5' E ALONG THE WEST RIGHT-OF-WAY ONE OF AFORESAID OHIO AVENUE. A ;ISTANC ;E OF
36.21' TO THE POINT OF : ;URVATUR : OF A 290.50' RADIUS CURVE CONCAVE TO THE WEST, THENCE 11- .1?0..GH
A CENTRAL ANGLE OF 14'36'25 ", RUN ALONG THE ARC CF SAID CURVE 74.06' TO THE P" )INT OF TANGENCY;
THENCE RUN N 00' 37'50" E. A DISTANCE OF 98.62' TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE CF
AFORESAID uANE 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 1.5'2' A, A DISTANCE CF '31.:00;
THENCE RUN N 74 38'30" W, A DISTANCE 0E 0.09'; THENCE RUN 15'2?'3 ^` W, A DISTANCE OF 68. "I' T:% A
?DINT ON A 2156.04' RADIUS NON - TANGENT CuRVF; HAVING A RADIAL 3EA'IN" OF S 15 W, THENCE
THRCUGrH A CENTRAL ANG'_E OF 2:3'58' RUN SOUTHEASTERLY ALONG THE AR': `CF SAID CURVE. AND THE
NORTHERLY RIGHT -OF -WAY LINE : :F 0L WINTER GARDEN ROAD, A DISTANCE OF '49.38', TO THE POINT : ?F
BEGINNING.
CONTAINING 26.790.9 SQUARE FEET (0.6 ACRES) MORE OR LESS.
hoar COMFY TIMT MIS e11TCh a:n 1111
IM4MTMEEGL STANDARDS N SET FORM WPM
BEARINGS SHOWN HEREON ARE BASED ON THE WREN esooar = ill w11
Ai T�iV
WEST LINE OF SECTION 28, TOWNSHIP 22 SO'.,TH. CODE PURSIA 17000CTro n•
M
RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS STAMM. DATED TO TA MY OF MY. MO ALL
BEING S 00' 52' 50" W (ASSUMED).
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ORLA_1606339.1 -5-
EXHIBIT "B"
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ORLA_1606339.1 -6-