HomeMy WebLinkAboutOrdinance 95-12
ORDINANCE NO. 95-12
CASE NO. AR-94-07-02: KENJEN
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM OCOEE A-1, GENERAL AGRICULTURE
DISTRICT, TO OCOEE R-1AA, SINGLE FAMILY DWELLING DISTRICT,
ON CERTAIN REAL PROPERTY CONTAINING :f: 37.542 ACRES LOCATED,
BOTH NORTH AND EAST OF THE PROPOSED INTERSECTION OF
CLARKE ROAD AND OCOEE-CLARCONA ROAD 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
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
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 of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real
property to Ocoee R-1AA, Single Family Dwelling District (the "Rezoning"); 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 Planning 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 #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, the Planning and Zoning Commission has 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 has recommended to the Ocoee City Commission that the zoning classification
of said real property be "R-1AA, Single Family Dwelling District", as requested by the Applicant, and
that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect
to the proposed Rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that the Rezoning 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. 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 following described parcel of land containing :t 37.542 acres located within the corporate limits of
the City of Ocoee, Florida, is hereby changed from "Ocoee A-I, General Agriculture District" to "Ocoee
R-IAA, Single Family Dwelling District":
SEE EXIDBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
A map of said land herein described which clearly shows the area of Rezoning is attached hereto
as EXIDBIT "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 take effect immediately upon passage
and adoption.
PASSED AND ADOPTED this (81.. day of A-Uu....
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPRPXED AS TOAfF9~ AND LEGALITY
this JL day of of);! , 1995.
f
FOLEY &,7tRDNER
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:)/~t{i( I I )--/v:;!6J
City Attorney
By:
, 1995.
APPROVED:
CITY OF OCOEE, FLORIDA
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\'') _-;- . / " ' I , -
0,\ / l ......L1< .,.f 1 ,,(,1......<.. . toLl'!
S. Scott Vandergrift, Mayor ,.i /' '
ADVERTISED APRIL 6, 1995
READ FIRST TIME APRIL 18, 1995
READ SECOND TIME AND ADOPTED
....-
A-U(L (~{1~9~
Under Agenda Item No. 1t It ~
LEGAL DESCRIPTION
All that part of the Southwest quarter (SW 1/4) of the Southeast quarter (SE 1/4)
of Section 33, Township 21 South, Range 28 East lying South of the Atlantic Coast
Line Railroad track, AND
Begin at a point on the North boundary of the Northeast Quarter (NE 1/4) of
Section 4, Township 22 South, Range 28 East where it is intersected by the North
boundary of the present County road right-of-way, thence West along the North
boundary of the Northeast Quarter (NE 1/4) to the Atlantic Coast Line Railroad,
thence Southwesterly along said railroad to the intersection of the railroad and
County Road right-of-way, ~~ence Northeasterly along the North boundary of the
County Road right-of-way to the point of beginning, AND
That part of the North half (N 1/2) of the Northwest quarter (NW 1/4) of the
Northeast quarter (NE 1/4) of Section Four (4), Township Twenty-Two (22) South,
Range Twenty-eight (28) East, lying South of paved County Road, AND
The Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of the Northeast
quarter (NE 1/4) and the Southwest quarter (SW 1/4) of the Northeast quarter (NE
1/4) of the Northeast quarter (NE 1/4) of Section Four (4), Township Twenty-two
(22) South, Range Twenty-Eight (28) East, AND
Less that portion contained in the Warranty Deed to the City of Ocoee, a Florida
municipal corporation, recorded in Official Records Book 4281, Page 1793, Public
Records of Orange County, Florida.
END OF LEGAL DESCRIPTION
Exhibit A
~NJEN,L TO REZONING
CASE #AR-94-07-o2
NORTH & SOUTH OF OCOEE-CLARCONA RDa
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Subject
Property
Exhibit B