Loading...
Ordinance 2010-025 Health Central II Rezoning DOCU 20100599300 B: 10119 P: 8516 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 ORDINANCE NO. 2010-025 'III IS1 �, OiII 1610') II I (Rezoning Ordinance for Health Central) I 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 ROWE 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_1606343.1 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 "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. 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_1606343.1 -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_1606343.1 -3- PASSED this 3 day of o C. , 2010. ADOPTED this 5 day of 06 b , 2010.. ATTEST: CITY OF OCOEE, FLORIDA Befl ikenberry, City Clerk $ S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,e?nl 30 , 2010 READ FIRST TIM ttr d. \, 2010 READ SECOND TIME AND PASSED C1pbeX , 2010 UNDER AGENDA ITEM NO. \ 3 b FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TQ FORM AND LEGALITY this day of Ot,t , 2010. FOLEY & LARDNER LLP 1 ,61 4,41 By: c City Attorney ORLA_1606343.1 -4- EXHIBIT "A" The Property DESCRIPTION: LOTS 18 and 19 OF BLOCK 12, 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, 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 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 UNE OF AFORESAID ARUNGTON 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 RUN S 00'37'50" W. A DISTANCE OF 955.05'; THENCE S 74'38'30" E, 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— TANGENT CURVE HAVING A RADIAL BEARING OF S 21'30'03" W, THENCE LEAVING AFORESAID WEST RIGHT —OF —WAY UNE OF STATE ROAD 408, THROUGH A CENTRAL ANGLE OF 06'55'08 ", RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT —OF —WAY LINE OF OLD WINTER GARDEN ROAD, A DISTANCE OF 260.35' TO THE POINT OF TANGENCY; THENCE N 74'33'07" W, A DISTANCE OF 1016.37' TO THE POINT OF BEGINNING; 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 N 74'38'23" W, A DISTANCE OF 50.00'; THENCE 5 15'21'20" W, A DISTANCE OF 66.59', TO THE NORTH RIGHT —OF —WAY LINE OF AFORESAID OLD WINTER GARDEN ROAD; THENCE S 7433'07" E. A DISTANCE OF 50.00' TO THE POINT OF BEGINNING. CONTAINING 3,331.5 SQUARE FEET (0.1 ACRES) MORE OR LESS. OR1A_1606343.1 -5- A SHEET 2 OF 2 SKETCH & DESCRIPTION xi--H I S I T " S" THIS IS NOT A BOUNDARY SURVEY SECTION 20 SECTION 21 1 1 SECTION 29 SECTION 28 POINT OF COMMENCEMENT NW CORNER OF SECTION 28 -22 -28 LINE BEARING DISTANCE L1 S 00'37'50" E 144.89' L2 S 15'14'15" W 41.95' c N L5 S 89'25'27" E 30.00' m '° L6 S 89'41'24" E 5.62' it L7 N 15'21'20" E 66.67' :, L8 N 74'38'23" W 50.00' N 4 L9 S 15'21'20 "W 66.59' ca, Lel L10 S 74'33'07' E 50.00' Fn b 0 cn N L6 \ a L5 CM 59 • N�� C3 9 7 1 10 , 1'� , p'y� > \' N In Lr ' 0f m OJ LJ O 9 0 A m t 3 , C1 W i 2N *0 5 4 3 W K 3 m u 0 , M j m % , 6. N N OEZ TO ER F O Q a b j N 6 P90, PG 120 2 Z 3 LOT ., 0 ,� DO aaanna+� Z LAZE 431TA 09013 6 N 1 E. PO 32 o n 5 S 89'20'45" E 1269.34' 00 o R GROVE STREET 60' R/W GROVE STREET 30' R/W 1 1 a 1 3 14I , i l a 9 1 13 PAM O. RIDGE. 3E[041 1_ 0 4 0 0 RK 14 P PO 100 a 9 10 2 14 1M 9 3 © 1� 0 2 k , 7 115 \ 7a PMK� 160 1 11 1 1J • N a0 Fb 9 19 19 4 1 J g 'X P 4 4.x , ? • 9 NE SH EET 13 13 g8 11 ©� ®ppp ® ® ©� ©� GO 1 - Z J 60 RA, 10 3 4 E 3 8 4C , L" 7 R . L9 • Opp 1 3 "lil 74.38.30 " - 6 4 z i L 1 0 L7 N a 372-2 L 1 7 4 . 3 P ON a° , i 9rST I/O 078607 a OLO I,TN 3 0 7" w h a POINT OF BEGINNING G ARDE y R0 A D . 3 7 . Q © ®pp ©p < ii, + ' z� / P4Gq' / 01 R/IP KaDTj.� V ARES ® - Aft q �` ":"° CURVE ARC LENGTH RADIUS DELTA ANGLE 1_2 01 89.36' 350.50' 14'36'25" C2 260.35' 2156.04' 6'55'08" C C3 68.06' 1239.92' 3'08'42" Rp02 op3W� 0' 300' 600' 900' -. MN — MS MINN Legacy Land Surveying, LLC = CHANGE OF DIRECTION 2624 Bent Hickory Circle Longwood, Florida 32779 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY 407- 701 -6101 tsnow@legacylandsurveying.com PROJECT NO. FEND' Licensed Business Number 7848 LOTS 18 & 19, BL K 12 10 -008 10 -00$ 4 i FILETRACER