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HomeMy WebLinkAboutOrdinance 92-67 ORDINANCE NO. 92-67 CASE NO. 2-11AR-92: GEARTNER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-l, AGRICULTURAL DISTRICT, TO OCOEE, A-l, GENERAL AGRICULTURAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OLD WINTER GARDEN ROAD, 500 FEET EAST OF BLACKWOOD 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 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. A- 1. GENERAL AGRICULTURAL 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 Zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee ci ty 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 OQOEE, 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 "A-1. AGRICULTURAL DISTRICT" to "OCOEE. A-1. GENERAL AGRICULTURAL 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 S-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 Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this .i..!e- day of "p6-Lbtl1.6Gtfl- , 1992. APPROVED: CITY OF OCOEE, FLORIDA 1 ATTEST: Clerk S. :> c (SEAL) ADVERTISED ~6-1'\.1."'~ 3 , 1992 READ FIRST TIME D1-1~ ~6-f{J , 1992 READ SECOND TIME AND ADOPTED )) ~u;...rn PJ U- f" , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROVr~'~s TO FO~AND L. EGALITY th1s 121 day of , ~hber, 1992. FOLEY 6?JHEi ~ APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON .t:> C:Lb-fI-\. B ~ ~ ", 1992 UNDER AGENDA ITEM NO. 111 By: City Attorney ZONING.ORD L: EXHIBIT .A~ ---_______~ OLD SKETCH OF DESCRIP~~ao/).;::' -- ---------!!!.1V'/'ED lk S /5-0' -~ GA.D caP. 2 8 19'12 200" t -______~{DEN IT 448~------~~ tlTY!Of OCOE- i") -_____ i") -_____ i-) ---- It) N o o '- i--- '<t o '<t <D c...: (0 --- l1J ".. --~{ ----- Cl. c) '1' ~-~ f-- :.) CL '1 t_ ,., f-- o N r-- -i N Ii) ~L n (:1 m , " ~- f-- :_) at eL 3: w . ~- o (..') ...1 ~ to: -I") --3_----- r> (~ o Gj G o :1: Vl . o o i<) I") b o z C.1 n~ .( ::1 ---,,, ----- ...... -p ~- .... ::: - -, J POINT OF BEGINNING IW 1'0 0 i-ll? ~ ~18 -----__ ~18 POINT OF i Z COMMENCEMENT) ..> E 1/4 COR ~l______-~~~~~~~~r N 90'00'00. W 441.25' N 90'00'00" W 434.07' ~JCIT Pl.l,TIED DESCRIPllON CASE lV.2-1IAR-92: <1'.AR'rnER Begin 441.25 feet West and 522.73 feet North of Southeast 1/4 of Northeast 1/4, run West 434.07 feet, thence North 637.29 feet to South line of Orlando/Winter Gorden Rood, thence southeasterly along South side of rood 448.93 feet, thence South 522.73 feet to beginning, Section 29, Township 22 South, Range 28 East, Orange County, Florida. (Official Record Book 2818, Page 1719) Being more particularly described os: That portion of the Northeast 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida. Described os follows: Commence at the East 1/4 corner of Section 29; Run North 90'00'00" West for 441.25 feet; thence North 00'33'00. East for 522.73 feet to the POINT OF BEGINNING; thence North 90'00'00. West for 434.07 feet; thence North 00'33'00" East for 640.47 feet to the South Line of OLD WINTER GARDEN ROAD; thence South 75'02'00" East olong said South Line for 448.16 feet; thence South 00'33'00. West for 524.72 feet to the POINT OF BEGINNING. Containing 5.80 acres, more or less. HARLING LO C KLIN C & ASSOCIATES, INC.) CONSULTING ENGINEERS PLANNERS. SURVEYORS 8~0 COURTLAND STREET ORLANDO, FLORIDA 32804 SCALE 1" 100 DATE n I HEREBY CERTIFY: That. the Sketch of Description shown hereon conforms to the MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYORS IN lliE STATE OF FLORIDA In accordance w'ith Chapter 21HH-6, Florida Administrative Code. The Surveyor has not abstracted the lands shown hereon for easements and/or rights of way of record. This Sketch does not constitute a boundary survey. ~.9/~ H. GEARTNER & J.R. PARKE I[ PARCEL SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-11 AR-92 GEARTNER AREA: 5.8 ACRES FROM: ORANGE COUNTY AGRICULTURAL TO: A-1, GENERAL AGRICULTURAL DISTRICT PROPERTY TAX ID: 29-22-28-0000-00022 LAKE BENNET __ UNINCORPORATED ORANGE COUNTY 0:: g