The URL can be used to link to this page

Home My WebLink AboutOrdinance 97-04 ORDINANCE NO. 97-04 CASE NO. R-96-10-06: SIL VESTRIINVESTMENTS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM C-1, NEIGHBORHOOD SHOPPING DISTRICT, TO R-1A, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING 9.26 ACRES (MORE OR LESS) LOCATED ON THE EAST SIDE OF CLARKE ROAD APPROXIMATELY 1,280 FEET NORTH OF 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 to rezone and establish a Rezoning classification for said real property of R-1A, Single Family Dwelling 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 (the "Ocoee City Code"), the Planning Director has reviewed said 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 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 has held a de novo public hearing with official notice thereof and 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. 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 approximately 9.26 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "C-1, Neighborhood Shopping District" to "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 rezoned area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds that the Rezoning 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 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 Chapter 180 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 ? ~ day of .jA-^"WI1-~~ , 1997. APPROVED: CITY OF OCOEE, FLORIDA ;5'. ~ ~.Ll~ ATTEST: J S. Scott Vandergrift, Mayor~ (SEAL) ADVERTISED DECEMBER 26, 1996 READ FIRST TIME DECEMBER 17, 1996 READ SECOND TIME AND ADOPTED J ItIJU.AP-.Lf 1( fQQ'7 Under Agenda Item No. 1/ A '-I FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this J day of ,]2JV\Jil '/ ,1997. FOLEY & JRDNER fJ )!l&JNJ City Attorney By: ~ CIlII.-Lr....... ~ ~r....... iwl ! I II~I- I I i ! , i I I I 1 i , i ~.... " I'" Q , '3: ~ /:.- a ~ " ':: ~ ! 0 '" ~ - I ~ , : 2- I I 1 ! 1 I \; I j EXHIBIT -A- City of Ocoee Planning Department Legal Description of Silvestri Property SEE S1K1:T Z OF Z For S1rC1'r:1'f '"SXE:ir:H QF lJE:SaiIFTlar (/K); .4 f7(lQ ~ ,. .. ..Nt) f'!~'J'tfYI- I'llAT _nON OF SECnON .. !ll'flOlSHlP 2% SCUIlf RAHa: ::!I CAST. ORAHa: calNTY. .'1.alIOA. aEIHC walE PARnClJVllLY OESCRlll[ll AS f'0lJ.Q1lS: CO"'''ENa: '" r ~e: NORl11E:.4ST ONE-otJARTtR OF ~e: SOUl11EAST ONE-JUARl!ll. '::iF stenCH .. ;moNSHlP ::z SOUIlf. RAHCt ::!I CAST. 0llAHGE COUNTY. FtCRIOA. I'llENCt RUN SOUTH 89'22"31" 'o€ST. -'1.OHG I'll( NORTH UNE OF I'll( NOR~ ONE-JUAIIl!ll OF I'll( SCUI'llEAST OHE-<lUAIITDl OF SAlll SECnCN .. A OIST.AH<X OF 1 JM. 40 F!tT. 1'0 I'll( HOR1l4€AST ClJlHO OF I'llE 1<Oll1ll~r ON€-QJAllTEJI OF I'll( SOUlllE.lST ONE-QJAIIl!ll OF SAlO stenCH .. SAlll PaNT AlSO BDlG I'll( PaNT OF B(QHNHG. AND AlSO BllNG ON I'llE SCU~EIlLY BOUNOAIIT LINE OF PRAlRIE l...AICE "lJ..AGE ....ASE '. ACCORIJHG 11] 1llE PUT _or: AS R[CalO(IIlH PUT acac J&. PAQ;S 51 C 70 OF I'llE PUSUC RECOROS OF OIlAHGt COUNtY. .'1.alIlIA: 1ll(NCE. Al.CHC I'll[ S.AiO SCUTl<€Rl.Y BOUNllNIT ~ OF PRAlRIE LAAE \1IJJoQ; ""ASE '. RUN NORlll 59"g'3J'" W€ST. A 1lIST.AH<X OF 527.90 F!tT. 1'0 A PQHT CIl I'll[ o:;.S'ltRl..Y RICHT-<JF-"'AT UNE OF CURl<E ilOAll. I'llDKX RUt SOUTH OI'To'or wEST. Al.ONC Tl-<E SAlD EAS'I<:Rt..'r R1CHT-QF-WAT UN€. '" OISTAHa: OF ~aJ.17 FEET. ro A F'OIHT: Tl<€NCX. lLAWtC S.AiO EJoSTEJlLY RIQlT-.JF-,"A" UNE. RUN SCUIlf 59"9'53'" ~ A OIST.AH<X OF 14.1.07 F!E'I! I'llENa: RUN SOUTH :':l'onJ" ~ST. A OISTAHa: OF 108.88 Ft:E'r. I'llENCt RUN HORn. 89'22":ll" ~. A OIST.AH<X OF !:50.OJ F!E'I! 1l1EIIC% 1lUH HORn. ao~ror ~ST. A OrsTAHa: OF :7.~1 FEET; I'llENa: iMt SCUIlf 8I'OT~3" ::AST. " OIST.u.a: OF 170.00 f'EET; 1l;ENa: ilUN NOlIn. oo~r ~T. A OIST.AH<X Y 2%.:8 F!E'I! 1l<CfCt RUN SCUIlf 89'OT~' 'N!ST. " OISTAHCt Of' 120.00 '€!:T. 70 A F'(llNT eN ll<E ~ST'EJIt. Y UNE OF :HE "OR~wEsr ONE-YUARTDl OF I'll( SCU1l4€AST ONE-JUARTDl OF 'i.lIl SECnCH .. lllEN<% ilUN HORn. ~l'or ~ST. "~OHC S.AiO CAST UN€. A OIST.AH<X OF ~5.6S FE!:T. 1'0 I'll( ?aNT OF BE~ SAlO lANOS LnNG iN CR....GE COUNTY. .'1..ORIOA AHO I'll[ CTY OF 0= -'NO CCHT......S 1.:5 "ClES. >.lORE OR ~ SFI !JIEET'" 1 OF -= .='OR CESCWPTTON -sxE:'iC:H OF D~JPT1Q,.r (NOr A ,.7El1J Sl.lRV01 ,,-,,: I .... - - .... - : : .... :; , .- - - - -- - .::a": ... .. C'. :; ..- - J - ;- " .~.. - - ~,;\ .:i'I;:\ L~~ : - .... - . - - I ." ..\ ., ':I' .i" " , '" i u S a9"2T.!,-" I 527.90' Sl:IU1tGI.T~lM~'\. ~..- 1.NII: ............:, ...... J ~JL .:a. x:s.,-... ;"Q "I.UCt7'C. 1/"r7'!i1:. 174 i (I E':Dt -~ r S 39'2:nl:"'''_ _ ,~..r l~ \. " E..U.. pi' E.2.Ji.. .:c; "'"" " I 'Co ==--:It r:T !Eo :/. " ..... 1/.. CI ~ 1/4 SG:!Dt -~ "sr:r::DI-~ ~ ~ .~ , ,... . - - : - - .. .. .:. - ;:; ... , ~ll ... ~~ " - -~ ~ -::s - 0 : ... ", - - - .... .- 1:1 ~g 0 ~u :;: !~ < . ~ .i ~ < ~ ~.3 ~ ~ . ~I r.;2- '...5 I- - ..J - .. - EXHIBIT -B- City of Ocoee Planning Department Silvestri - Prair~e lakes Rezoning located approximately 1,280 feet north of the intersection of Hackney Prairie Road and Clarke Road (9.26 acres) LAKE SIMS Requested rezoning from: C-l, Neighborhood Shopping District to: R-IA, Single Family Dwelling District Legend: Case Number: R-96-10-06 - Subject Property Ocoee City Lim its o ra n g e County Outside of JPA . North