2016-002 Daniel Ray Property - Rezoning DOCK 20160118400
03/08/2016 03:09:18 PM Page 1 of 6
ORDINANCE NO. 2016-002 Ree Fee: $52.50
Martha 0. Haynie, Comptroller
(Rezoning Ordinance for Daniel Ray Property) Orange County, FL OF OCOEE
TAX PARCEL ID: 30-22-28-0000-00-035 Ilii PRIMO. i1It II
30-22-28-0000-00-002
30-22-28-0000-00-074
CASE NO. RZ-15-08-08: DANIEL RAY
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE C-3, GENERAL COMMERCIAL, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-6.95 ACRES
LOCATED ADJACENT TO THE WEST 50 COMMERCIAL
SUBDIVISION, PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owners (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission")to rezone said real property(the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately +/-6.95 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1 to Ocoee C-3, General Commercial;
and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant 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"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on February 9, 2016, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
•
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on l ' ►av'c k 1 201(0 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately +/-6.95 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 to Ocoee C-3, General Commercial. A map of said land herein described which clearly
shows the area of the Rezoning is attached hereto as Exhibit"B" and by this reference is made a
part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby 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 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
, 2016.
PASSED AND ADOPTED this f r day of rn rcA
ATTEST: APPROVED:
ik
FLORIDA
CITY OF OCOEE,
Ito
-N.
,-e ebery,pity Clerk Rusty John •n, r
', � ADVERTISED if , 2016
READ FIRST TIME �cb. /(p , 2016.
t
_ Y 5a READ SECOND TIME AND ADOPTED
s ?, arch , 2016.f Under Agenda Item No 7
e 7 ? V
4-7 FORT r RELIANCE ONLY BY THE
CITY OF? COEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this Sr day of /ftRC, , 2016.
SHUFFLE
LD LOWMAN &WILSON .A.
By C<> _
—" ,rney
EXHI$IT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION: (INCLUDING PARCEL 1 (IDENTIFICATION 30-22-28-0000-00-
074), PARCEL 2 (IDENTIFICATION 30-22-28-0000-00-002), AND PARCEL 3
(IDENTIFICATION 30-22-28-0000-00-035)
A PORTION OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID
SECTION 30; THENCE NORTH 00°33'50" WEST ALONG THE WESTERLY LINE OF THE
SAID NORTHWEST 1/4 OF SECTION 30 A DISTANCE OF 890.70 FEET TO AN
INTERSECTION WITH THE STATION BASELINE OF THE SUNSHINE STATE
PARKWAY PER FLORIDA STATE TURNPIKE AUTHORITY RIGHT OF WAY MAP,
CONTRACT 11.5, SHEET 5 OF 5 SHEETS, DATED 11/09/62, SUNSHINE STATE
PARKWAY PROJECT NUMBER 2. 45°55'09" E., ALONG THE SAID NORTHWESTERLY
RIGHT OF WAY LINE OF THE SUNSHINE STATE THENCE NORTH 89°26'48" EAST
ALONG THE SAID STATION BASE LINE OF SUNSHINE STATE PARKWAY A
DISTANCE OF 1321.74 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF
THE EAST 1/2 OF THE SAID NORTHWEST 1/4 OF SECTION 30, THENCE NORTH
00°33'56" WEST ALONG SAID WESTERLY LINE OF THE EAST %2 OF THE SAID
NORTHWEST 1/4 OF SECTION 30, A DISTANCE OF 435.98 FEET TO THE SOUTHWEST
CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1A OF SAID SECTION 30;
THENCE CONTINUE NORTH 00°33'56" WEST ALONG THE WESTERLY LINE OF THE
SAID NORTHEAST 1/4 OF THE NORTHWEST 1A OF SAID SECTION 30, A DISTANCE OF
223.11 FEET TO THE POINT OF BEGINNING, BEING ON THE NORTHWESTERLY
RIGHT OF WAY LINE OF AFORESAID SUNSHINE STATE PARKWAY AND BEING AN
ARC OF CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
672.96 FEET; THENCE FROM A RADIAL BEARING OF S. PARKWAY AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 00°33'25", A DISTANCE OF 6.931
FEET TO THE POINT OF TANGENCY. THENCE CONTINUE ALONG SAID
NORTHWESTERLY RIGHT OF WAY OF SUNSHINE STATE PARKWAY, NORTH
44°40'16" EAST A DISTANCE OF 810.95 FEET; TO AN INTERSECTION WITH THE
SOUTH LINE OF THE NORTH 525 FEET OF THE EAST % OF THE NORTHEAST 1A OF
THE NORTHWEST Y4 OF SAID SECTION 30; THENCE DEPARTING THE SAID
NORTHWESTERLY LINE OF THE SUNSHINE STATE PARKWAY SOUTH 89°18'48"
WEST ALONG THE SAID SOUTH LINE OF THE NORTH 525 FEET OF THE EAST % OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 30, A DISTANCE OF
250.07 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST 1/2 OF
THE NORTHWEST 1A OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 30; THENCE NORTH 00°33'58" WEST ALONG THE SAID EASTERLY LINE OF
THE WEST %2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST
Y4 OF SAID SECTION 30, A DISTANCE OF 419.92 FEET TO AN INTERSECTION WITH
THE SOUTHERLY RIGHT OF WAY LINE OF SATE ROAD NO. 50 PER SAID RIGHT OF
WAY MAP; THENCE NORTH 87°04'30" WEST ALONG THE SAID SOUTHERLY RIGHT
OF WAY LINE OF STATE ROAD NO. 50, A DISTANCE OF 330.98 FEET TO AN
INTERSECTION WITH THE SAID WESTERLY LINE OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30. THENCE THE DEPARTING THE SAID SOUTHERLY
RIGHT OF WAY LINE OF HIGHWAY 50 RUN SOUTH 00°33'56" EAST ALONG THE
SAID WESTERLY LINE OF THE NMORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 30 A DISTANCE OF 1015.45 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING DESCRIBED PROPERTY WHICH LIES NORTHWESTERLY OF
THE SUNSHINE STATE PARKWAY; THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA.
LESS AND EXCEPT THE WEST %2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 AND LESS THE NORTH 525 FEET OF THE EAST % OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 30 AND LESS PART
DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5461,
PAGE 2335 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE DEPARTMENT OF TRANSPORTATION PLATE MARKING THE
NORTHWEST CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA; THENCE SOUTH 00°20'48" EAST, ALONG THE WEST
LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30 FOR 661.33 FEET, THENCE
NORTH 89°31'31" EAST 741.19 FEET; THENCE SOUTH 42°18'02" EAST 42.60 FEET;
THENCE SOUTH 61°51'36" EAST 363.86 FEET; THENCE SOUTH 66°56'04" EAST 252.68
FEET TO THE POINT OF BEGINNING:
THENCE SOUTH 66°56'04" EAST 99.75 FEET TO THE POINT OF THE EXISTING
LIMITED ACCESS RIGHT-OF-WAY OF FLORIDA'S TURNPIKE; THENCE
SOUTHWESTERLY AND WESTERLY ALONG SAID NORTHERLY LIMITED ACCESS
RIGHT-OF-WAY LINE FOR THE FOLLOWING COURSES AND DISTANCES: THENCE
SOUTH 44°53'36" WEST 122.64 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 672.96 FEET AND A
CHORD BEARING OF SOUTH 44°37'28"' WEST; RUN SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°32'11" A DISTANCE OF
6.30 FEET; THENCE DEPARTING OF SAID CURVE THROUGH A CENTRAL ANGLE OF
00°32'11" A DISTANCE OF 6.30 FEET; THENCE DEPARTING THE AFORESAID
LIMITED ACCESS RIGHT-OF-WAY OF FLORIDA'S TURNPIKE RUN NORTH 00°20'40"
WEST 130.45 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B"
Daniel / Ray Property Annexation
Location Map
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