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HomeMy WebLinkAboutOrdinance 92-59 ORDINANCE NO. 92-59 CASE NO. 2-10AR-92: STARBIRD 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 McCORMICK ROAD AND 800 FEET EAST OF OCOEE- APOPKA 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, 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 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 zoned "OCOEE, A-1, GENERAL AGRICULTURAL 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 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 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 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 5-1(G) of Article V of the Ocoee city Code. SECTION s. 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 l.r~ day of :D~l3'd , 1992. APPROVED: Clerk CITY OF OCOEE, FLORIDA 3S~~~ S. Scott VandergrI , Mayor ATTES';I': . '(SEAL) ADVERTISED _~.o (l1JM..kJv 3 1992 READ FIRST TIME k'\...a..to.wd...olJ L, 1992 READ SECOND TIME AND ADOPTED cD6CC---tVtf>)~ /.{"' , 1992. FOR USE AND RELIANCE ONLY BY THE.' CJ:'1'Y OF OCOEE, FLORIDA APPROVED..~S TO FO~. ~~LITY this ~ day of . '.. , 1992. FOLEY & By: 7iHE~ ~/IuY<;~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Q~B~ I~ , 1992 UNDER AGENDA ITEM NO. 11IC. f' ~ ZONING.ORD U, I SHEET 1 OF 2 1"0....:1 r'" f~-~. 1'--- .---, - ". ,.... -. . "" '-,.1 '. "\". ~ '';''"l'~_ J r - 'J ~ ,,,/ ,~, . I; ,f 1.... -, ~ ~- 'Jfi'''f".~.-~,,~;...tt;'' 'I ":-4 g~:' t; [}; ~'~'-1~~~'" I ~ CITY ~JJf:~OCOflt ._ . .M EXHIBIT "A" LAND DESCRIPTION THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH THREE-QUARTERS OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE RUN NORTH 00042'30" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, 'A DISTANCE OF 1879.46 FEET TO THE SOUTH LINE OF THE NORTH THREE-QUARTERS OF THE NORTHWEST QUARTER OF THE SOUTH- WEST QUARTER OF SAID SECTION 32, AND THE POINT OF BEGINNING; THENCE RUN SOUTH 89049'30" EAST ALONG SAID SOUTH LINE, 1320.00 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE RUN NORTH O~ 42'301' EAST ALONG SAID EAST LINE, 990.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE CONTINUE NORTH 00042'30" EAST ALONG THE EAST LINE OF THE SOUTH- WEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 1320.00 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE RUN NORTH 89 49'30" WEST ALONG SAID NORTH LINE 1320.00 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE RUN SOUTH 00042'30" WEST ALONG SAID WEST LINE, 1320.00 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 32; THENCE CONTINUE SOUTH 00042'30" WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 990.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA AND COHTAINING 70 ACRES MORE OF LESS. 2-10AR-92: STARBIRD PREPARED BY: CCL CONSULTANTS, INC. 2600 LAKE LUCIEN DRIVE SUITE 105 MAITLAND, FLORIDA 32751 (407) 660-2120 NOVEMVER 3, 1992 PROJECT NUMBER: 7322-00 ~L: j JI ~"). 4~"?o"y..\ North LiYle of the 0ovthwt?t Y4- ot- the Northlt-lt.;t Y4- Me. GorrYlic.k. Road I?ZO.OO' _ ~ ~ SIIEET 2 or 2 SKETCH OF DESCRIPTION r.:(tl)lIlffiMII. 'H\~i!l) <<;@IIl!ll@ll'i'AIIl'i'lll '\ ~ . . .., o () ~ Ii\ , 8 o N \'f\ I" ..1 ., U '" We?t Line of tk tJOt'"thvlll.,t V4 of Sedlotl '?"2.,IOWYlship 2.\ ~ovtn, ~at'\~e Zf> E a",t 1\1e OQ~-!> of P(h'IlJi~e (Y.~. I fJ, l'~ ,14-) EIl?t L; I'le of -the Sovth~t.,.t y", of the NOY*' V>t~ V4, 3 2 (t) '10 Acre '? \U o t() N 'V o 8 '2.. , \ 8 ~ Not praHeti West V4- Corner Df I.l\ ~eo\1ol'l :;1, Tov.>nsh;p ZI ~o~1 JZaYl~e 1.6 fost N -t . :5 So0th Line of the 00vtnvJast Y4o-f tk ~or+hwe~t Y4- .f 8 cj ~ !Jot PI attea EOS1 line of -#Ie tJorthWl!>+ V 4- of * 'SovthwQ.st y+. We~+ I..i ne of the Sovthwt'?t Y4 ot SeGt'lon ~2, TOWMhip 21 00vthl 1Zat'\~e Z-f> E:a.o:.t poi (It of ComlYle r-<:et'Y1 C'l'\t A / Point of f>e~;(\niYl'j --- ~eP.l. 4")' ~.. E. -- 60uth L.ine. of +he !Jor*, V", of #e tJod-hw,~ Y4 ot -the CSwth wt7t- Y4. CSov~WQst cortler of ~ioYl 31, TovJl'\5~ip '21 <?ovf{." /2aI'\0e. 1,f) f'l1?t . I . III ~ N ~ 8 j:2 1~20.00' --' ~ot Platted n n n E V A 0 N 5 01. R H - PERN-4N[N' 1IfJ'[fJnlrr UOfJWI[NI c. H - CONcnEIl Hf}NlJN(NI po C - POIN' ON ClJIH'E P n - Pt.., HOOK P C. ~ pOlNr OF CIIIU'A tUllE PQ ~ "AGE Pile. - POINI OF ntv(n$C l'unVl,JIJIIE. N, n - NON-RAn/At pc. C. - POIHT Of COMPOUND (lIIH'AIlI"'- IMP - RADIAL P ,. - POINI OF lANGf.NCY n - nAO/US P I - POIN' OF INl(n$[(:/ION ... - ARC lENGTH PCP. - PEmUNENr CONl/l." "{ItN' 4 - OClTA (CENUlA'- POL . l'OINI ON l//lE R P . n~olus POINI C B - CHOIIO B/MIIIIV RII; . IlIGIfI-OI-N~Y r 8 - IANGINI rl.MIIIIG f' C/NlfRUN[ CEnTlFIED COnnECT TO: 0herwood T. sta....b.,rd) EL. - HEVA' ION Ale . Am CONtI/I lOt/en TYfl. - np/CA'- U. [. . Ul/lIlY rASEHCNI O.E . ORAINAGE (ASEMINI F. r. - F INISH(() floon 8. S - OUILOIN(j sc mArK ANI;U: J C. (J S, - CONCOl: 1r nUU:K 511JIIC I lIn[ (PI . PLAT (MI . MEA51'/1[0 (rJ - CAt.C:fll ""0 Dan'l el wohlwender- Qea I+y ) Inc.., CONC - CONCHf' f C. L. r. - CIIIlIN LINK (nKr H. F .. h'ODU f L fWE. C ( G - CUIIn ANO c:;v' IF. n CAIY . CAOlE 11[{ YIS/ON nlSER IHE - JftlPllOflC IBsen JnAIIS - '''flN;j1 UllHcn PAD L P. - llG'" /IDLE fl.P. - POHlU PI1l.r H. fl. - MANI/(l1 E. F, /I. nun IIft(lK H M - HA TER HETER r." - r IRE HYDRANT H , o~ NAil. AND OISC o. H. - BENCH UARK f'VHf. - {lAV(HENr . SURVEY NOTES: I. REPRODUCTIONS OF 111/5 SKETCII AilE NOT VALID UNLESS SEAL EO HI111 AN EMIlOSSED 5I1nVEYO/1" S SEAl. CEnTlFICATE: WE IIEf/EOY CEnTlFY mAT TIlE ATiACIIEO 'SKETCH OF DESCRIPTION" OF TIlE IImEON OESCR/BW pnOPERTY IS TRUE AND CORRECT TO THE BEST OF OUR kNOHLEDGE AND Of LIEF. HE FURTl/ER CERTIFY THAT THIS SkETCH MEETS OR EXCEEDS TIlE MINIMUM TECIINICAL STANDARDS FOR SURVEYING IN TIfE STATE OF FLORIDA ADOPTED BY CHAPTEn 21111I-6 OF THE FLOR- IDA ADMINISTRATIVE COOE. T/lIS DnAHING HAS PUT TOGETHER FROM INSTRUMENTS OF nECO/lD. ANO DOES NOT CONSTI TUTE A FIELD SURVEY AS SUCII. BASIS OF DEARINGS: SOliTlI 09'32'03' EAST ALONG TIlE Nonm LINE OF 1//E NOnll/EAST OUAnTEIl OF SECTION 6-22-2B. 3. LANDS SHOHN HEIlEON HFnE NOT A8STnACTED Fon EASEHENTS. DEEDS. (HOIITS-OEWAY. OHNEnS/lIP. AND/on TIlE INSTnUHENTS OF REconD. FOil 1/IE FInN. REV I S IONS FBIPG CHECKED pnEPARED FOR: ~l-\E' RWOOD 1'. <:'1 AI<i?1 RP PROJECT NUMDER: 1~22-oo ~ ~/':' CCL CONSUL TANTS INC. ENGINFE/lS-SUnVFYOnS-PLANNERS ~@~mOOL'A~'m C@~IILTA~'~ SKETCII OF DESCRIPTION --f"'4c. /~/P...t' -J';f" f<e,Ji'7ed Pe"c.riptior'l I<e,l,. 11/3/'1. P?~ 2600 LAKE LUCIEN DRIVS SUITE 105 MA I TLAND. FLOR I DA 32751 ( 407}660-2120 L. B. No. 2966 .,--,-". ..." -- ...... ~. - ~ , 1"\"a.T"\ SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-10AR-92 STARBIRD AREA: 68.0 ACRES fROM: ORANGE COUNTY AGRICULTURAL TO: A-1, GENERAL AGRIRCULTURAL DISTRICT PROPERTY TAX 10: 32-21-28-0000-00010 .- U' ~- SUBJECT -~ ~ - PARCEL -~ I ~ ~ r;~ ~[V . / EXHIBIT "A" _ UNINCORPORATED ORANGE COUNTY (FOR ILLUSTRATION PURPOSES ONLY)