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Home My WebLink AboutOrdinance 92-69 ORDINANCE NO. 92-69 D rr,J (t-D CASE NO. 2-25AR-92: WINGFIELD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY PLANNED UNIT DEVELOPMENT DISTRICT, TO OCOEE, R-l, SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ADJACENT TO THE SOUTH SIDE OF ROBERSON ROAD AND BETWEEN WINDERMERE AND MAGUIRE 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 AN EFFECTIVE DATE. WHEREAS, the city Commission of the City of Ocoee, Florida has on 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- 1, SINGLE FAMILY RESIDENTIAL 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 No. 91-28, adopted September 18, 1991 ("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 Ocoee city Commission has held a de novo public hearing with official notice thereof with respect to the proposed Initial Zoning of said real property; and WHEREAS, the Ocoee City commission has determined that the Initial Z9ning requested by the Petitioner 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, and Chapters 163 and 166, Florida Statutes. SECTION 2. That the zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County PLANNED UNIT DEVELOPMENT DISTRICT" to "OCOEE, R-1, SINGLE FAMILY RESIDENTIAL DISTRICT": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. That the City commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 amendments 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 5. 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 ordi~ce shall become effective immediately upon passage and adopti9lf. / / PASSED AND ADOPTED this _ day/of , 1992. / APPROVEQ/./ ~../~' ATTEST: CITY/6F OCOEE, FLORIDA /' / /' (SEAL) / / Vandergrift, Mayor // Jean Grafton, City Clerk / ;///. / / / 1/1 ,I ,. /' FOR USE AND RE~ANCE ONLY BY THE CITY OF OqOEE, FLORIDA APPROVED AS T6 FORK AND LEGALITY this ~y of 1992. I I . FOLEY' JHER By: ....... ,.. ..... APPROVED BY E OCOEE CITY COMMISSION AT MEETING HELD ON , 1992 UNDER AGENDA ITE.14, NO. ZONING.ORD EXHIBIT "A" NG-01.L01 LEGAL DESCRIPTION BELMERE PARCEL 1: THE SOUTH ONE-HALF OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THAT PART THEREOF LYING WEST OF WINDERMERE ROAD. PARCEL 2: THE NORTH QUARTER OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 28 EAST, LESS THAT PART LYING WEST OF WINDERMERE ROAD AND LESS THE FOLLOWING: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION AND RUN WEST 437.71 FEET, THENCE NORTH 150 FEET, THENCE EAST 737.71 FEET, THENCE SOUTH 150 FEET, THENCE WEST TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 28 EAST; ALL LYING AND BEING IN ORANGE COUNTY, FLORiDA, LESS ROAD RIGHT-OF-WAY FOR WINDERMERE ROAD, ROBERSON ROAD AND MAGUIRE ROAD. BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE RUN SOUTH 89042'41" WEST ALONG THE NORTH LINE OF SAID SECTION 6 FOR 40.03 FEET TO THE POINT OF BEGINNING. THENCE RUN SOUTH 02024'32" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF MAGUIRE ROAD FOR 1527.65 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 1392.69 FEET, A CENTRAL ANGLE OF 04005'23", A CHORD OF 99.39 FEET AND A CHORD BEARING OF SOUTH 00021'49" EAST FOR AN ARC DISTANCE OF 99.41 FEET TO THE SOUTH LINE OF THE NORTH QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE LEAVING SAID RIGHT-OF-WAY LINE, RUN SOUTH 89015'35" WEST FOR 1316.01 FEET TO THE SOUTHWEST CORNER OF THE NORTH QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN NORTH 01 019'00" WEST FOR 327.33 FEET TO THE NORTHWEST CORNER OF THE NORTH QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN SOUTH 89020'55" WEST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 6 FOR 1053.40 FEET; THENCE RUN NORTH 00014'17" WEST FOR 150.00 FEET; THENCE RUN SOUTH 89020'55" WEST FOR 300.00 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE RUN SOUTH 89024'52" WEST FOR 437.71 FEET; THENCE RUN SOUTH 00014'17" EAST FOR 150.00 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE RUN SOUTH 89024'52" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 6 FOR 1891.33 FEET TO THE EAST RIGHT-OF- WAY LINE OF WINDERMERE ROAD; THENCE RUN NORTH 10012'38" EAST, ALONG SAID RIGHT-OF-WAY LINE FOR 1521.15 FEET TO THE POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 849.02 FEET AND A CENTRAL ANGLE OF 49007'00", FOR AN ARC DISTANCE OF 727.82 FEET TO THE POINT OF TANGENCY; THENCE NORTH 38054'22" WEST FOR 211.41 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST 2-25AR-92: WINGFIELD EXHIBIT "A" , ... AND HAVING FOR ITS ELEMENTS A RADIUS OF 1116.28 FEET AND A CENTRAL ANGLE OF 38016'00", FOR AN ARC DISTANCE OF 754.54 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 00038'22" WEST FOR 886.62 FEET TO THE POINT OF ff"TERSECTION OF THE EAST RIGHT-OF-WAY LINE OF WINDERMERE ROAD WITH THE SOUTH RIGHT-OF-WAY LINE OF ROBERSON ROAD; THENCE RUN NORTH 89036'38" EAST ALONG THF SOllTH mGHT.OF.WAY LINE OF ROBERSON ROAD FOR 74.87 FEET TO A POINT OF CUHV i':r , ! i~ NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO lHE NORIHWEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 1017.35 FEET AND A CENTRAL ANGLE OF 10000'00", FOR AN ARC DISTANCE OF 177.56 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING FOR ITS ELEMENTS A RADIUS OF 957.35 FEET AND A CENTRAL ANGLE OF 10000'00" FOR AN ARC DISTANCE OF 167.09 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89036'38" EAST ALONG SAID RIGHT-OF-WAY LINE,. BEING 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 31 FOR 2197.96 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE CONTINUE NORTH 89036'38" EAST ALONG SAID RIGHT-OF-WAY LINE FOR 2604.50 FEET TO THE WEST RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021 '23" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF MAGUIRE ROAD, BEING 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31 FOR 2631.39 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING TRACT: THE EAST 865.00 FEET OF THE NORTH 855.00 FEET (LESS THE EAST 40.00 FEET AND LESS THE NORTH 30.00 FEET FOR RIGHT-OF-WAY) AND THE EAST 340.00 FEET OF THE SOUTH 826.00 FEET OF THE NORTH 1681.00 FEET (LESS THE EAST 40.00 FEET FOR RIGHT-OF-WAY) OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST. CONTAINS 434.362 ACRES. 2-25AR-92: WINGFIELD SITE LOCATION MAP CITY OF OCOEE INITAL ZONING PETITION CASE No. 2-25AR-92 WINGFIELD AREA: 434 ACRES FROM: ORANGE COUNTY PD,PLANNED DEVELOPMENT TO: R-1, SINGLE FAMILY RESIDENTIAL PROPERTY TAX 10: 31-22-28-0000-00007/-00034/-00035 06-23-28-0000-00003/-00044 CITY UMITS ~I I &;;;JII _I ~ t SUBJECT , \ PARCEL ~VES \ , "- \ ,/ \ f :( ~2' , / I ~ Z ./ 0 en ,- 0::: &.II en w 0 a.. 0::: 0::: 5 ::>> ~ a.. z :I 0 / 1 i ~ t; j~ -~ 0::: ~ UNINCORPORATED ORANGE COUNTY e '-"