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HomeMy WebLinkAboutOrdinance 95-14 ORDINANCE NO. 95-14 CASE NO. AR-94-08-07: CRAMPTON AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, SINGLE FAMILY RESIDENTIAL DISTRICT, TO OCOEE R-1A, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING :t 0.5697 ACRES LOCATED ON THE NORTHWEST CORNER OF SILVER STAR ROAD AND FIRST STREET 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 City Commission of the City of Ocoee, Florida, has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or 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 to rezone and establish an initial zoning classification for said real property of Ocoee, R-1A, Single Family Dwelling District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) 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 Initial Zoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning requested by the Applicant 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 the zoning classification of said real property be "Ocoee, R-1A, Single Family Dwelling District", as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and respect to proposed Initial Zoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Initial Zoning requested by the Applicant 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. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes. SECTION 2. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing :!: 0.5697 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, R-1, Single Family Residential District" to "Ocoee, R-1A, Single Family Dwelling District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXIDBIT "B" and by this reference is made a part hereof. SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 5. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial Zoning amendment 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 the Ocoee City Code. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. Effective Date. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this rt~ day of A-PR1L- ,1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA i I _, /' c " <. "" "T7' // t ,..,) -,:.:- ' </( [,?-,,~. . ",e, S. Scott Vandergrift, Mayq 1 / ,,- 'r' (SEAL) ADVERTISED APRIL 6, 1995 READ FIRST TIME APRIL 4, 1995 READ SECOND TIME AND ADOPTED ".- Ap~11. Jt(II~~\ Under Agenda Item No. rA.r FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPRp~D AS TO ~"~,,, AND LEGALITY this ---11L- day of ,. "11/ ' 1995. FOLEY and J4RDNER / ,/ /, /j "" /, /" /;:;:fi j" )- <. _ [1- (-.. i" '--1 .- -~, '." \ ) ?i,'t/', I U(-/:. ~->\~ -q / City Attorney By: PLAT OF SURVEY DESCRIPTION Lvt S and the South 45.00 !eet of Lot 6. les~ that part in Silver Star Road. Block B, Sunny Slopes as Recorded in Plat Book U. Page 99 of the Public Records or Orange County. Florida. Described as: Commence at the Southeast corner of the SW 1/4 or the NE 1/4 of Section 17, Township 22 South, Range 28 East of Orange County, Florida; thence N01~SO"OOUW a distance or 40.02 feet; thence N90.00"00UW a distance or 30.00 feet to the intersection or West Right of Way line or First St~eet and the North Right of Way line of Silver Star Road and for a Point of Beginning; thence N90-00"OOU~ along said North Right of Way line a distance or 54.25 feet to a point or curvature of a curve concave Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along the arc of said curve, through a central angle of 08'40"17", a distance of 30.77 feet; thence N01.S0'00"W along the Westerly line or said Lots 5 and 6 a distance or 177.85 feet to the North line of the South 45.00 feet of said Lot 6; thence N88-Z6"OO-S along said North line a distance of 134.45 feet to said West Right of Way line; thence SOl.SO'OouE along said West Right or Way line a distance of 187.63 feet to the Point or Beginning. Contains 0.5697 ac~es or 24817 square feet more or less. Exhibir A MARY CRAMPTON CASE#AR-94-oa-07 926 SILVER STAR ROAD LEGEND: northwest corner of Silver Star & First North 0 LZJ Otyo( Ocoee D Or.mge County IIIII Subject Property Exhibit B