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Home My WebLink AboutOrdinance 92-49 ORDINANCE NO. .92-49 CASE NO. 2-09AR-92: HEIDRICH 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 WEST SIDE OF INGRAM ROAD, JUST NORTH OF OCOEE-CLARCONA 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 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- I, 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-I, 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 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 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-I. AGRICULTURAL DISTRICT" to "OCOEE. A-I. 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 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 ~ day of ])c~ ad.- , 1992. ATT;EST: Clerk '(SEAL) APPROVED: CITY OF OCOEE, FLORIDA ADVERTISED jj.D,~lJ'Mj,..W.3 1992 READ FIRST TIME ~.al'oJW\J,..Q^, I , 1992 READ SECOND TIME AND ADOPTED t>~&:-f. I!- , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED,AS TO FORM AND L~GALITY this ~ day of -I)Pc-~bzr; 1992. FOLEY &'NER By: . J< ~neY ZONING.ORD APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON b~~tHf,. Jr , 1992 UNDER AGENDA ITEM NO. ill If. 3 EXHIBIT "A" CITY OF OCOEE PLANNING DEPARTMENT VERIFIED LEGAL DESCRIPTION FORM The following legal description has been prepared by Mart in Krei dt and submitted to the City Planning Department for verification. /~~~~ (' tf/ Si ature -- 07/29/92 Date APPUCATION REQUEST (OFFICE USE ONLY): FILE NO: 2-09AR-92: HEIDRICH LEGAL DESCRIPTION (TO BE TYPED BY APPUCANT): All that part of the Northeast 1/4 of the Northeast 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, lying Southwest of the Southwest Right-Of-Way line of Ingram Road, being more particularly described as follows: Commence at the Northeast corner of Section 5, Township 22 South, Range 28 East, Orange County, Florida; thence run N 87034'14" W 1332.33 feet to the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 5; thence run S 00001' 50" W along the West line of said Northeast 1/4 of the Northeast 1/4 a distance of 36.88 feet to the Point of Beginning, said point being at the intersection of said West line with the Southwest Right-Of-Way line of Ingram Road; thence continue S 00001' 5011 W 1361.26 feet to the Southwest corner of said Northeast 1/4 of the Northeast 1/4; thence S 88057' 16" E 1318.84 feet to the Southeast corner of said Northeast 1/4 of the Northeast 1/4; thence N 00033' 2311 E along the East 1 ine of said Northeast 1/4 of the Northeast 1/4 a distance of 210.68 feet to the Southwest Right-Of-Way line of Ingram Road; thence N 48024'40" W 1740.18 feet along said Southwest Right-Of-Way line to the Point of Curve of a curve concave North- easterly, having a Radius of 150.00 feet; thence Northwesterly along said curve through a Central Angle of 10~ 16' 3311 for an Arc Length of 26.90 feet to the Point of Beginning. Subject to Right-Of-Way for Clarcona-Ocoee Road. SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-9AR-92 HEIDRICH AREA: 23.8% ACRES FROM: ORANGE COUNTY AGRICULTURAL TO: A-1, GENERAL AGRICULTURAL DISTRICT PROPERTY TAX 10: 5-22-28-0000-00013 t . EXHIBIT "A" _ UNINCORPORATED ORANGE COUNTY (FOR ILLUSTRATION PURPOSES ONLY)