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HomeMy WebLinkAboutOrdinance 92-47 ORDINANCE NO. 92-47 CASE NO. 2-02AR-92: RUSSELL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY RCE, RURAL COUNTRY ESTATE, TO OCOEE, R- 1-A, SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED WITH DUAL ROAD FRONTAGES: ON THE WEST SIDE OF WEST ROAD AND 400 FEET NORTH OF THE INTERSECTION OF OCOEE- CLARCONA ROAD AND ON THE NORTH SIDE OF FULLERS CROSS ROAD 1/4 MILE EAST OF APOPKA-OCOEE 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, R- I-A, 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 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 RCE. RURAL COUNTRY ESTATE" to OCOEE. R-1-A. 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 inqorporate 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 .Ji/!i day of bc0:6-t11 A6-I!, 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Clerk J ( SEAL) ADVERTISED ld..Q uJVY'\~a...IJ\J ...3 , 1992 READ FIRST TIME \)).HJJWll..e^J I , 1992 REAQ SECOND TIME AND ADOPTED P6-C.6M8~ /II , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROV'P.jtS TO FO~D L~ITY th1s ~day of(e~ , 1992. By: ~~ r&dJJ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Dt:- t..(-1I'1.~H(. /l{ , 1992 UNDER AGENDA ITEM NO. ULL FOLEY , ZONING.ORD EXHIBIT "A" CITY OF OCOEE PLANNING DEPARTMENT VERIFIED LEGAL DESCRIPTION FORM The following legal description has been prepared by GAI\JJ#~ t 115S<<-/ i>AviO (>1.:.INItI'f<,t( and submitted to the City Planning Department for verification. U_:J~1,~ Signature 7lJ1/Pz' Date APPLICATION REQUEST (OFFICE USE ONLY): FILE NO: 2-02AR-92: RUSSELL LEGAL DESCRIPTION (TO BE TYPED BY APPLICANT): A portion of the Southeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the South 1/4 corner of said Section 6; thence run N 89045'53" E, along the South line of the Southeast 1/4 ,of said Section 6 and along the centerline of Fuller's Cross Road (a 60 foot right-of-way), a distance of 320.15 feet; thence run N 00030'07" E, a distance of 30.00 feet for the POINT OF BEGINNING, said point being on the North right-of-way line of Fuller's Cross Road; thence continue to run N 00030'07" E, a distance of 1374.52 feet; thence run S 88010'59" W, a distance of 315.02 feet; thence run N 00043'21" E, a distance of 542.97 feet to the ~outh line of an abandoned railroad right-of-way; thence run N 73030'41" E, along said abandoned railroad right-of-way line, a distance of 2167.89 feet; thence departing said right-of-way line, run S 00008'38" E, a distance of 365.01 feet; thence run N 87022'23" E, a distance of 390.32 feet to the West right-of-way line of Ocoee-Clarcona Road; thence run S 00058'08" E, along said West right-of-way line, a distance of 455.19 feet; thence departing said West right-of-way line, run S 87022'23" W, a distance of 1226.66 feet; thence run S 00008'38" E, a distance of 617.17 feet; thence run S 89045'39" W, a distance of 477.13 feet; thence run S 00017'02" W,. a distance of 537.52 f~et; thence run S 89045'53" W, a distance of 118.85 feet; thence run S 00008'38" E, a distance of 505.60 feet to the North right-of-way line of Fuller's Cross Road; thence run S 89045'53"W, along said North right-of-way line, a distance of 360.10 feet to the POINT OF BEGINNING. Containing 55.59 acres: more or less. SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-2AR-92 RUSSELL AREA: 55.6 ACRES FRO"': ORANGE COUNTY RCE "RURAL COUNTRY ESTATEs" TO: R-1-A." SINGLE F A...IL Y RESIDENTIAL DISTRICt PROPERTY TAX 10: 6-22-28-0000-00011/-00017/-00049