HomeMy WebLinkAboutOrdinance 97-24
ORDINANCE NO. 97-24
CASE NO. R-97-03-03: JOINT VENTURE REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM C-2, COMMUNITY COMMERCIAL DISTRICT, TO R-1A,
SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 5.15 ACRES LOCATED ON THE NORTHEAST
CORNER OF CLARKE ROAD AND HACKNEY-PRAIRIE 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 INCONSISTENT 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 R-1A, Single Family Residential District (the "Rezoning"); and
WHEREAS, pursuant to Section 5-9 (8) of Article V 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 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, 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-1A, Single Family Residential 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 approximately 5.15 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from "C-2, Community Commercial
District" to "R-1A, Single Family Residential District":
SEE EXHIBIT "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 EXHIBIT "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN CONSISTENCY. The City Commission hereby
finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. OFFICIAL 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. INCONSISTENT 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 ~day of {)t!--In~dC, 1997.
ATTEST:
APPROVED:
CITY OF OCOEE, FLQRIDA
~~~,
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED OCTOBER 2, 1997
READ FIRST TIME OCTOBER 7,1997
READ SECOND TIME AND ADOPTED
() C IV {l;~ ).., I Ii? 1
Under Agenda Item No. n ~ ~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APp~rED AS TO FP.PI,lhA~~ LEGALITY
this . day of~, 1997.
FOLEY & LARDNER
By q J r; i&kdlIJ
City Attorney
_____u__
OOL' SEE SHEET 2 OF 2 FOR SKETCH ~
-SKETCH OF DESCRIPnON-
(NOT A FIELD SURVE:Y)
a:MIUL T ADrn1 COlISLTANn
"LAND D^"Sc.91pnON- SHEET 1 OF 2
A PORTION OF LAND L 'fING IN SECTION ~, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANCE COUNTY,
FLORIDA, BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS:
I COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST
i ONE-QUARTER OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANCE COUNTY, FLORIOA;
THENCE RUN SOUTH 89"22'31" WEST, ALONG THE NORTH UNE OF THE NORTHEAST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4, A DISTANCE OF 1.355.40 FEET,
TO THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 4: THENCE, LEAVING SAID NORTHERLY LINE RUN SOUTH QO'S2'07"
WEST, ALONG THE EAST UNE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 4, A DISTANCE OF 6.31.65 FEET, TO A POINT, SAID POINT BEING THE
POINT OF BEGINNING; THENCE, CONTINUING SOUTH 00'52'07" WEST, ALONG SAID EAST UNE,
A OISTANCE OF 667.57 F"EET. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF HACKNEY
PRAIRIE ROAD: THENCE RUN SOUTH 89'52'08" WEST, ALONG THE SAIO NORTHERLY RIGHT-OF -WA Y
LINE. A DISTANCE OF 396.78 FEET, TO A POINT; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY
UNE, RUN NORTH 00'07'52" WEST, A DISTANCE OF" 188.31 FEET: THENCE RUN NORTH 89'52'08"
EAST, A DISTANCE OF 57.39 FEET; THENCE RUN NORTH 00'07'52" WEST, A DISTANCE OF 152.19 FEET:
THENCE RUN NORTH 09'46'22- EAST, A DISTANCE OF 75.91 FEET; THENCE RUN NORTH
14'01'38- EAST, A DISTANCE OF 77.49 FEET; THENCE RUN NORTH 18'05'.33" EAST, A
DISTANCE OF 70.67 FEET: THENCE RUN NORTH 06'01'06" EAST. A DISTANCE OF 55.22 FEET:
THENCE RUN NORTH 00'52'07" EAST. A DISTANCE OF 27.52 FEET: THENCE RUN SOUTH
89'07'5.3" EAST, A DISTANCE OF 170.00 F"EEi': THENCE RUN NORTH 00'52'07" EAST. A
DISTANCE OF" 32.58 F"EET; THENCE RUN SOUTH 89'07'53" EAST, A DISTANCE OF 120.00 FEET, TO
THE POINT OF" BEGINNING.
SAID LANDS L YlNG :N THE CITY OF OCOEE. CRANGE COUNTY, FLORIDA, AND CONTAINING 5.15
ACRES,. MORE OR LESS.
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Exhibit A
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