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HomeMy WebLinkAboutOrdinance 92-41 ORDINANCE NO. 92-41 CASE NO. 2-0iAR-92: KANG AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-i, AGRICULTURAL, TO OCOEE, R-l-A, SINGLE FAMILY RESIDENTIAL, ON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF APOPKA- OCOEE ROAD, 500 FEET NORTH OF WEST 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, 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 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, R-I-A, SINGLE FAMILY RESIDENTIAL 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-1, AGRICULTURAL DISTRICT" 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 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 .b6-L.t:-tlt8&L, 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Clerk . ~ ~--tL-.e. s. Scott Vandergrift, M ADVERTISED '8..l.{I.uY\~ 3 , 1992 READ FIRST TIME ~.o_uJM.l..w I , 1992 READ SECOND TIME AND ADOPTED D e:-c~P,&-fZ- fI( , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~RO:rl{AS TO FO~~~~LITY thlS day of. , 1992. FOLEY 'W~(hJJJ APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON bE:-c..~84-fL N, 1992 UNDER AGENDA ITEM NO. V J 3 By: City Attorney ZONING.ORD EXHIBIT "A" J. O. Kang LEGAL DESCRIPTION That part of the Southwest 1/4 of the Northeast 1/4 and that part of the Southeast 1/4 of the Northwest 1/4, all in section 6, Township 22 South, Range 28 East, Orange County, Florida, lying East of the centerline of Ocoee-Apopka Road as said centerline is now laid out and exists, and lying North and West of the following described line: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida; run South 870 35' 43" West 1275.49 feet to a point, said point being North 870 35' 43" East 1205.41 feet from a 4" x 4" concrete monument; thence run North 040 16' 46" West 53.83 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819"; thence continue North 040 16' 46" West 451.57 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819"; thence run South 820 36' 53" West 886.98 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819"; thence run North 860 44' 52" West 522.64 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819"; thence continue North 860 44' 52" West 65.50 feet for the POINT OF BEGINNING, said point of beginning being a point on the centerline of Ocoee-Apopka Road as said centerline is now laid out and exists; thence run South 860 44' 52" East 65.50 feet to a 4" x 4" concrete monument 'vi th a disk stamped "RLS 1585 and RLS 1819"; thence continue South 860 44' 52" East 522.64 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819"; thence run North 820 36' 53" East 886.98 feet to a 4" x 4" concrete monument with disk stamped "RLS 1585 and RLS 1819"; thence run North 040 16' 46" West 585.07 feet to 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819"; thence continue North 040 16' 46" West 160 feet, more or less, to a point on the North boundary of Southwest 1/4 of the Northeast 1/4 of said Section 6, said point being the poin~ of termination of the aforesaid line. Less Right-of-way for Ocoee-Apopka Road on the West. 2-01AR-92: KANG CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-1 AR-92 KANG AREA: 21.8 ACRES FROM: ORANGE COUNTY AGRICULTURAL TO: R-1-A. SINGLE FAMILY RESIDENTIAL PROPERTY TAX 10: 6-22-28-0000-00043 _ UNINCORPORATED ORANGE COUNTY (FOR rLLUSTRATION PURPOSES ONLY) EXHIBIT "AM