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HomeMy WebLinkAboutOrdinance 92-43 ORDINANCE NO. 92-43 CASE NO. 2-081AR-92: BARRETT/SOLOMON AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND M-1, LIGHT MANUFACTURING DISTRICT, TO OCOEE, A-1, GENERAL AGRICULTURAL DISTRICT, AND FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND M-1, LIGHT MANUFACTURING DISTRICT, TO OCOEE, R-1-A, SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED FROM THE INTERSECTION OF WEST AND OCOEE-CLARCONA ROADS: 1,200 FEET EAST ALONG BOTH SIDES OF OCOEE-CLARCONA ROAD; 1,200 FEET ALONG THE EAST SIDE OF WEST ROAD; AND, 1,200 FEET SOUTH ALONG THE EAST SIDE 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 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 (lithe 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 "0COEE, A- 1, GENERAL AGRICULTURAL DISTRICT FOR PARCEL A AND OCOEE, R-1-A, SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL B" ( "the Initial Zoning"); and WHEREAS, pursuant to section 5-9 (B) of Chapter 180 of the Code of Ordinances of the City of Ocoee (lithe 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 (lithe Ocoee Comprehensive Plan"); and WHEREAS, said Initial Zoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the citi of Ocoee, Florida (lithe 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 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-I. AGRICULTURAL DISTRICT AND M-l. LIGHT MANUFACTURING" to "OCOEE. A-I. GENERAL AGRICULTURAL DISTRICT FOR PARCEL A": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. 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 AND M-l, LIGHT MANUFACTURING DISTRICT" to "OCOEE. R-I-A. SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL B": SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 4. 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 5. 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-I(G) of Article V of the Ocoee City Code. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this I~ 't{, day of D ~(c'""VV\ (bGfC-. , 1992. APPROVED: ATTEST: CITY OF OCOE~! FLORIDA "> \ '\ Clerk (SEAL) ADVERTISED CJ€'(.~B~ 3 , 1992 READ FIRST TIME f)f-CE-M(,,)~ I , 1992 READ SECOND TIME AND ADOPTED ~6c..~1?~ l'f , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM.~ND LE,GALITY this -I-'1~day of -1f)(~hfJr-, 1992. FOLEY (tRDNER :1tvl <z ~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Dcc.c-m()6-(L II.{ , 1992 UNDER AGENDA ITEM NO. V K :. By: ZONING.ORD EXHIBIT "A" PARCEL "A" DESCRIPTION COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN THENCE NOl-37112"E, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, OF THE NORTHWEST 1/4, A DISTANCE OF 251.02 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE NOl-37112"E, ALONG SAID EAST LINE, A DIS- TANCE OF 1047.58 FEET; THENCE S86"31'59"W A DISTANCE OF 670.18 FEET TO THE WEST LINE OF THE EAST 1/2 OF SAID SOUTHWEST 1/4, OF THE NORTHWEST 1/4; THENCE SOl"S7'18"W, ALONG SAID WEST LINE, A DISTANCE OF 1243.89 FEET; THENCE N70"Sl'57"E A DISTANCE OF 721.64 FEET TO THE POINT OF BEGIN- NING. CONTAINS 17.640 ACRES MORE OR LESS. PARCEL "A" DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN THENCE NOl-37'12"E, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, OF THE NORTHWEST 1/4, A DISTANCE OF 197.55 FEET; THENCE S70-S1'S7"W A DISTANCE OF 602.59 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE N89"59'41"E, ALONG SAID SOUTH LINE, A DISTANCE OF 563.72 FEET TO THE POINT OF BEGINNING. CONTAINS 1.278 ACRES MORE OR LESS. 2-081AR-92: . BARRETT/SOLOMON PAGE 1 OF 2 EXHIBIT A L :A!'! D DE ;':.,'~. = ? 'I = ',' ='1 ~?0RTS INVE2T~~E~~2 ",- ?\l r~." r. ~..--_ .....'.r'- ,.,.....,;... . - PARCEL A A portion of the west one-half !Wlj~) ~f the southwest one-quarter (SWl/4) of the northwest one-quarter (NWlj4) of Section 5. Township "" South, Range 28 Sast as described in Official Record Book 4150, Page 3286 of the Public Records of Crang,=" :;CJunty. Flnrida being more particularly described as follows: COMMENCE at the southwest orrler of the west one-hal f (W1/2) of the southwest one-quarter (SWl/4) of the northwest one-quarter (NWl/41 of said Section 5; thence North 000 East along the west line of the west one-half (Wl/2) of the southwest one-quarter (SWl/4) of the northwest one-quarter (NWl!4) of said Section 5 t a distance of 30 feet; thence North 890 East, 400 feet to the point of beginning; thence North 000 East, 550 feet; thence North 900 West, 400 feet (the 1 ast three (3) courses described being coincident with the south, east and north boundaries of the property described in Official Record Book 3974, Page 1521 of the Public Records of Orange County, Florida); thence North 000 East along the west line of the west one-half (Wl/2) of the southwest one-quarter (SW1/4) of the northwest one- quarter (NWl/4) of said Section 5, approximately 532 feet to a point 200 feet south of the northwest corner of the southwest one-quarter (SWl/4) of the northwest one- quart er (NW1/ 4) of said Secti. on 5; thence South 880 East, 40 feet; thence North 120 West, approximately 204 teet to the northwest corner of the southwest one-quarter (SWl/ 4) of the northwest one-quarter (NWl/ 4:) of said Section 5; thence North 900 East along the north line of the west one-half (Wl/2) of the southwest one-quarter (S~n/4) of the northwest one-quarter (NWlj4) of said Section 5, approximately 660 feet; thence South 000 East along the east line of the west one-half (Wl/2) of the southwest one-quarter (SW1/4) of the northwest one- quarter (NWl/4) of said Section 5, approximately 1320 feet; thence South 890 West along the south line of the west one-half (Wl/2) of the southwest one-quarter (SWl/4) of the northwest one-quarter (NWl/4) of said Section 5, approximately 260 feet; thence North aoD East, 30 feet to the point of beginning. Said lands lying in Orange County, Florida containing approximately 15 acres more or less. 2-081AR-92: . BARRETT/SOLOMON PAGE 2 OF 2 Prepared by: hJ,j}~9.~ CEMS Consul tants! In~. r.: 9') 0 .S ~ :'} e ~.~ :; t'~l r R~) 2. d r SU.-.i t [~ 205 Project No. 607.003 CctobCI 30, 1992 Orlando, Florida 32818 ~I;.:'xt Fi lr~..: SP0Rr'S '. Th!V Sheet 1 of 2 Sheets ........ SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE 2 - 0 8 1 A R -- 9 2 : BARRETT/SOLOMON AREA: 1 0 9. 8:: A G R E::i _ 0 0 0 1 7 PROPERTY TAX ID:(PARCEL - A-) 05-22-28-0000-00003/-0001 a FROM: ORANGE COUNTY 1\-1 &. IrJ~ i TO:A-1 GENERAL AGRICULTURAL DlST~leT PROPERTY TAX ID:(PARCEL -8'") 05-22-28-0000-00004- FROM: ORAt-1GE COUNTY A~ 1 TO: R-1-A, SINGLE FAMILY RESIDENTIAL DISRICT LY) - (FOR ILLUS;tRA'tION ~Uf{fi(jSES ON 31 32 6[;) UNINCORPORA TED ORANGE COUNTY I . . XKX,\ -- It K :o;t~ - -- c( -< --- . ; II < ~...J IILL ')( UJ ~ (,) D< !:!: (.) X --Q:: -< >< v ~'<0 0- I I ~~ )5; ~~~ "t' 0.)1. ~ en ;<..xxxxxx ~ t: ~ xxXXxxxx ::I ~ )C x x x x x x,)( ~ SUBJECT,~ k) PARCEL -B-. .;< ~ ~ (.) - ~ I ~ Et - ~ SUBJECT [ - "- PARCEL - 'if _C /Y ~ ~I\ ~ !-l r- 1-1 ~ 1-1 ,1-1 EXHIBIT -A- lID ~ ~ EXHIBIT B LAND DESCRIPTION BARRETT/SOLOMON GROVE PARTNERSHIP PROPERTY PARCEL "B" , The northwest one-quarter (NW1/4) of the southwest one- quarter (SW1/4) of Section 5, Township 22 South, Range 28 East lying south of the ACL Railroad right-of-way less the south 30 feet and less the west 30 feet being more particularly described as follows: ;~; .I;~ BEGIN 30 feet north and 30 feet east of the southwest corner of the northwest one-quarter (NW1/4) of the southwest one-quarter (SW1/4) of said Section 5; thence North 000 East along a line 30 feet east of and parallel with the west line of the northwest one- quarter (NW1/4) of the southwest one-quarter (SW1/4) of said Section 5, approximately 1161 feet; thence North 750 East along the southerly right-of-way line of the ACL Railroad, approximately 875 feet; thence South 870 East along the north line of the northwest one-quarter (NW1/4) of the southwest one-quarter (SW1/4) of said Section 5, approximately 475 feet; thence South O~ West along the east line of the northwest one-quarter (NW1/4) of the southwest one-quarter (SW1/4) of said Section 5, approximately 1411 feet; thence North 880 West along a line 30 feet north of and parallel with the south line of the northwest one-quarter (NW1/4) of the southwest one-quarter (SW1/4) of said section 5; approximately 1300 feet to the point of beginning. Said lands lying in Orange County, Florida containing approximately 40.2 acres more or less. 2-08~-92: . BARRETT/SOLOMON PAGE 1 OF 2 EXHIBIT "B" LAND DESCRIPTION BARRETT/SOLOMON GROVE PARTNERSHIP PROPERTY PARCEL "B" The north 7 acres of the northwest one-quarter (NW1/4) of the northwest one-quarter (NW1/4) of Section 8, Township 22 South, Range 28 East and the southwest one- quarter (SW1/4) of the southwest one-quarter (SW1/4) of Section 5, Township 22 South, Range 28 East less the north 30 feet and less the west 30 feet ther~of being more particularly described as follows: BEGIN 30 feet east of the southwest corner of the southwest one-quarter (SW1/4) of the southwest one-. quarter (SW1/4) of said Section 5; thence North oif East along a line 30 feet east of and parallel with the west line of the southwest one-quarter (SW1/4) of the southwest one-quarter (SW1/4) of said Section 5, approximately 1433 feet; thence South 880 East along a line 30 feet south of and parallel with the north line of the southwest one-quarter (SW1/4) of the southwest one-quarter (SW 1/4) of said Section 5, approximately 1300 feet; thence South 010 West along the east line of the southwest one-quarter (SW1/4) of the southwest one- quarter (SW1/4) of said Section 5, approximately 1406 feet; thence South 01 0 West along the east line of the Northwest one-quarter (NW1/4) of the northwest one- quarter (NW1/4) of said Section 8, approximately 232 feet; thence South 890 West along the south line of the north 7 acres of the northwest one-quarter (NW1/4) of the northwest one-quarter (NW1/4) of said Section 8, approximately 1283 feet; thence North 000 East along a line 30 feet east of and parallel with the west line of the northwest one-quarter (NW1/4) of the northwest one- quarter (NW1/4) of said Section 8, approximately 232 feet to the point of beginning. Said lands lying in Orange County, Florida containing approximately 48.9 acres more or less. 2-081AR-92: . BARRETT/SOLOMON PAGE 2 OF 2