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HomeMy WebLinkAboutOrdinance 95-11 ORDINANCE NO. 95-11 CASE NO. AR-94-08-06: LEWIS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-l, SINGLE FAMILY RESIDENTIAL DISTRICT, TO OCOEE R-IA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING:t 0.5892 ACRES LOCATED ON THE NORTHEAST CORNER OF SILVER STAR ROAD AND WOODSON AVENUE 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 :t 0.5892 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 EXlDBIT "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 EXlDBIT "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 I~ri day of f.J-ncL ,1995. APPROVED: CITY OF OCOEE, FLORIDA 0' I - - _.-r-r-- / . ); - -,) ( . J{,) <-c! L .,~ t."J! 1 ...; A S. Scott Vanderg;ift, Mayo~ ,>' / ATTEST: Je (SEAL) ADVERTISED APRIL 6, 1995 READ FIRST TIME APRIL 4,1995 READ SECOND TIME AND ADOPTED .- ---'rpR/L It. r97J Under Agenda Item No. JLA J. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPRO~D AS TO f....9~ AND LEGALITY this ----f5L day of 11~)W ' 1995. FOLEY ~ LARDNER / /-. /7 i.,' By: :~-<) r /(t;}t:,:/~ti \ " City Attorney PLAT OF SURVEY DESCRIPTION Lot 4 and the South 75.00 feet of Lot 3, less that ~art in Silver Star Road, Block S, Sunny Slopes as Recorded in Plat aook U. Page 99 of the Public Records of Orange County, Florida. Described as: Commence at the Southeast corner of the SW 1/4 of the NE 1/4 of Section 17, Township 22 South, Range 2S East of Orange County, Florida; thence NOleSO'OO"W a distance of 40.02 feet; thence N90.00'00"W a distance of 84.25 feet to a point on the North Right of Way line of Silver Star Road and to a point of curvature of a curve concave Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along the arc of said curve, through acentral angle of OS"40'17", a distance of SO.77 feet to the Point of Beginning also being the Easterly line of said Lot 4 and to a point on curve concave Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along the arc of said curve, through a central angle of 15-22'14", a distance of 143.17 feet to a ~oint on the East Right of Way line of Woodson Street; thence NOl.50'00"~ along said East Right of Way line a distance of 163.92 feet to the NOrth line of the South 75.00 feet of said Lot 3; thence N8S-26'00"E along said North Lot line a distance of 135.61 feet; thence SOl-S0'00"E a distance of 207.35 feet to the Point of Beginning. Contains 0.5892 acres or 25664 square feet ~ore or less. 1:vn;},;1" A Marjorie Lewis Clse 1/ AR-94-Q8~6 904 Silver Scar Road LEGE.'ll): lcx:3ted en t.".e nor:..~t comer or Silver Star & Woodson Avenue ~onh V LL C't'( of Ocoee D Or.ulge County Fyhihit "R