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HomeMy WebLinkAboutOrdinance 92-33 ORDINANCE NO. 92-33 CASE NO. 2-121AR-92: WEST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT, AND A-2, AGRICULTURAL DISTRICT, TO OCOEE, R-1-A, SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL A, FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND A-2, AGRICULTURAL DISTRICT, TO OCOEE, R-1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL C, FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND A-2, AGRICULTURAL DISTRICT, TO OCOEE, R-3, MULTI-FAMILY RESIDENTIAL DISTRICT FOR' PARCEL E, FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND A-2, AGRICULTURAL DISTRICT, TO OCOEE, C-2, COMMUNITY COMMERCIAL DISTRICT FOR PARCELS B3 AND F, ON CERTAIN REAL PROPERTY LOCATED ALONG THE EAST AND WEST SIDES OF APOPKA-OCOEE ROAD FROM 800 FEET SOUTH OF WEST ROAD ON THE SOUTH TO 1,200 FEET SOUTH OF McCORMICK ROAD ON THE NORTH 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 FOR PARCEL A; R-1-AA. SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL C; R-3. MULTI-FAMILY RESIDENTIAL DISTRICT FOR PARCEL E; AND. C-2. COMMUNITY COMMERCIAL DISTRICT FOR PARCELS B3 AND F" ("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 FOR PARCEL A; R-l-AA, SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL C; R-3, MULTI-FAMILY RESIDENTIAL DISTRICT FOR PARCEL E; AND, C-2, COMMUNITY COMMERCIAL DISTRICT FOR PARCELS B3 AND F", 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 AND A-2. AGRICULTURAL DISTRICT" to "OCOEE, R-I-A, SINGLE FAMILY RESIDENTIAL 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-1 AND 1-2. AGRICULTURAL DISTRICT" TO "OCOEE. R-1-AA. SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL C": SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REVERENCE MADE A PART HEREOF. SECTION 4. 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 AND 1-2. AGRICULTURAL DISTRICT" TO "OCOEE. R-3. MULTI-FAMILY RESIDENTIAL DISTRICT FOR PARCEL E": SEE EXHIBIT "c" ATTACHED HERETO AND BY THIS REVERENCE MADE A PART HEREOF. SECTION 5. 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 AND 1-2. AGRICULTURAL DISTRICT" TO "OCOEE. C-2. COMMUNITY COMMERCIAL DISTRICT FOR PARCELS B3 AND F": SEE EXHIBIT "D" ATTACHED HERETO AND BY THIS REVERENCE MADE A PART HEREOF. SECTION 6. 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 7. 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 S-l(G) of Article V of the Ocoee City Code. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this J <lit day of .{:JCc.6-'I1/~ML, 1992. APPROVED: Clerk CITY OF OCOEE, FLORIDA s: s: ,;z;r !LA. s. Scott Vandergrift, Mayo (SEAL) ADVERTISED .f\o ~1..uv .3 , 1992 READ FIRST TIME F\o (> 0 hvd~l\; I , 1992 READ SECOND TIME AND ADOPTED J;;>6L&Y11~c-,:L 1"/ , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV~R_AS TO FO~D ~GALITY this ~ day of ~ er, 1992. ::~y 'crT; f4JtJ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ./) GU:-tI1l3~ If , 1992 UNDER AGENDA ITEM NO. V F 3 ZONING.ORD SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2 - 1 2 1 A R - 9 2 WEST AREA: 4 8 9 . 4 PROPOSED ZONING PARCEL -A: R-1-A PROPERTY TAX 10: SEE ATTACHED SHEET FOR UST _ UNINCORPORATED ORANGE COUNTY PARCEL "'83": C-2 PARCEL "'e- ~R-1AA PARCEL "' r' :R-3 PARCEL:- F'" :C-2 -+i LAKE APDPKA ~ ~ .. . 'X')f'X IJ'- J' )( X" 'X 11~ -Tf -x V )( --] x . t ~ t;:' -2<x11 ,r .....i;J X. , x';< ~... 'X x 1 .~.~~~. N'X ""X j()()()()()()( ....... ~ Z o en l&.I en o a.. a: :;) a.. Z'.' o ~ ~ a: o l&. - . ,.. SUBJECT l- ~ 0} I q;., ftJ~ n, "'- I n, Q \t i 51 .. / cm UWIiS / _122AR-9~ + )( "ll" )( ..... :rw x '... 'X y.'t;;, ... ~~~~ >I ~~~~ ~ ~It-.ojf ~ Ji( ~r~ ~.' t;.'i.1 ~ ~ !J ,~ T .... rc~ V 'M ftJ ~~ 1 2. 4 A R q~ ) ~ I 2-= Ii ~ EXHIBIT j ," J i 1 il ; , EXHIBIT "A" COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 00042'30" EAST ALONG THE EAST LINEQ.F,THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE O.F'f'1434.7~ .FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31, SAID CORNER BEING THE POINT OF BEGINNING; THENCE NORTH 89029' 26" WEST, 1193.75 FEET; THENCE NORTH 04021'29" EAST, 25.50 FEET TO THE POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1990.70 FEET; THENCE NORTHEASTERLY 133.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03049' 53", (CHORD BEARING NORTH 13042' 04" EAST); THENCE NORTH 11035' 36" EAST, 1304.70 FEET; (THE LAST THREE (3) COURSES DESCRIBED BEING COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 437 AS RECORDED IN STATE ROAD PLAT BOOK 1, PAGE 123, RECORDS OF ORANGE COUNTY FLORIDA.); THENCE SOUTH 89026'49" EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 915.81 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 00042' 30" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1434.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING EAST OF STATE ROAD 437 AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 34.7 ACRES MORE OR LESS. 2-121AR-92: WEST L <.:< )['lSOL I A.NT'). Jf'~C. EXHIBIT "B" BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 01032'19" WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 905.15 FEET; THENCE SOUTH 28059'05" WEST, 632.24 FEET; THENCE NORTH 61000'55" WEST, 844.94 FEET; THENCE SOUTH 28059'05" WEST, 2006 FEET MORE OR LESS TO THE CENTERLINE OF STATENS BRANCH (CANAL); THENCE WESTERLY ALONG SAID CENTERLINE 2500 FEET MORE OR LESS TO THE EASTERLY SHORELINE OF LAKE APOPKA; THENCE NORTHEASTERLY ALONG SAID EASTERLY SHORELINE 7050 FEET MORE OR LESS; THENCE NORTH 89026'49" WEST 596 FEET MORE OR LESS; THENCE SOUTH 00051'44" WEST 699.61 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE AFOREMENTIONED SECTION 31; THENCE SOUTH 89026'49" EAST 1018.52 FEET; THENCE SOUTH 11035'36" WEST 1295.89 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1945.70 FEET; THENCE SOUTHWESTERLY. 168.72 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04058' 06" (CHORD BEARING SOUTH 14016' 14" WEST); (THE LAST TWO (2) COURSES DESCRIBED BEING COINCI DENT WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 437); THENCE NORTH 89029'26" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1376.00 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 00032'38" WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1436.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING WEST OF SAID STATE ROAD 437 AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 389 ACRES MORE OR LESS. 2-121AR-92: WEST ( L () ,r I S U L T /\ f'f J:~ I ["of C . EX H 1 BIT C COID1ENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 01032'19" WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 905.15 FEET; THENCE SOUTH 27059'08" EAST, 318.35 FEET; THENCE SOUTH 28059'05" WEST, 1307.98 FEET; THENCE SOUTH 43001'16" WEST, 103.08 FEET; THENCE SOUTH 28059'05" WEST, 266.74 FEET TO THE POINT OF BEGINNING (THE LAST THREE (3) COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 437); THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 61000'55" WEST, 400.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 600.00 FEET; THENCE NORTHWESTERLY 365.63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34054'55" TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600.00 FEET; THENCE NORTHWESTERLY 365.63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34054' 55"; THENCE NORTH 28059'05" EAST, 1000.00 FEET; THENCE SOUTH 61000'55" WEST, 1111.84 FEET TO A POINT ON THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF THE STATE ROAD 437; THENCE SOUTH 28059'05" WEST, 849.27 FEET; THENCE SOUTH 43001'16" WEST, 103.08 FEET; THENCE SOUTH 28059'05" WEST, 266.74 FEET TO THE POINT OF BEGINNING. SAID PARCEL LLYING WEST OF STATE ROAD 437 AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 29.2 ACRES MORE OR LESS. 2-121AR-92: WEST I ' ~ ~ ( ~ r, S (J l. f. I^, r{ 13. I f'l C . EXHIBIT D COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE SOUTH 04050'36" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 1265.26 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE CONTINUE SOUTH 04050'36" WEST ALONG SAID EAST LINE 1216.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH 87020' 52" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 2480.89 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6 AND THE POINT OF BEGINNING; THENCE SOUTH 01031' 10" WEST ALONG THE WEST LINE OF SOUTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 700 FEET MORE OR LESS TO THE CENTERLINE OF STATENS BRANCH (CANAL); THENCE WESTERLY, NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CENTERLINE 815 FEET MORE OR LESS TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2403.74 FEET; THENCE NORTHEASTERLY 97.59 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02019' 34" (CHORD BEARING NORTH 20027'42" EAST); THENCE NORTH 68022'31" WEST, 10.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2413.74 FEET; THENCE NORTHEASTERLY 326.19 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07044' 35" (CHORD BEARING NORTH 25029' 46" EAST); THENCE NORTH 28059' 05" EAST, 187.01 FEET; THENCE NORTH 09059'03" EAST, 61.43 FEET; THENCE NORTH 28059'05" EAST, 471.52 FEET; (THE LAST SIX (6) COURSES DESCRIBED BEING COINCIDENT '~ITH THE EASTERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 437); THENCE SOUTH 86059'43" EAST, 282.24 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 010] 2 ' 19" WEST ALONG SAID WEST LINE, 456.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING EAST OF STATE ROAD 437 AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 13.5 ACRES MORE OR LESS. 1 OF 2 2-121AR-92: WEST ( 'I <:( )f'ISCn 1'/\1''1'1 ~). INC. EXHIBIT D COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 01032'19" WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 905.15 FEET; THENCE SOUTH 27059'08" EAST, 318.35 FEET; THENCE SOUTH 28059'05" WEST 1307.98 FEET; THENCE SOUTH 43001'16" WEST, 103.08 FEET; THENCE SOUTH 28059'05" WEST 266.74 FEET TO THE POINT OF BEGINNING (THE LAST THREE (3) COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF- WAY LINE OF STATE ROAD 437); THENCE CONTINUE SOUTH 28059'05" WEST 100.31 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING 1\ RADIUS OF 2513.74 FEET; THENCE SOUTHWESTERLY 339.71 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07044' 35" (CHORD BEARING SOUTH 25029' 46" WEST); THENCE NORTH 68022' 31" WEST, 10.00 FEET TO A POINT. ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2523.74 FEET; THENCE SOUTHWESTERLY 210 FEET MORE OR LESS ALONG THE ARC OF SAID CURVE THROUGH A CENTRl\L ANGLE OF 04047' (CHORD BEARING SOUTH 19013'51" WEST), TO THE CENTERLINE OF STATENS BRANCH (CANAL); (THE LAST FOUR (4) COURSES DESCRIBED BEING COINCIDENT WITH THE WESTERLY RIGHT-OF- WAY LINE OF STATE ROAD 437); THENCE WESTERLY ALONG SAID CENTERLINE 1800 FEET MORE OF LESS; THENCE, DEPARTING SAID CENTERLINE, NORTH 28059'05" EAST, 1006 FEET MORE OF LESS TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, 365.63 FEET THROUGH A CENTRAL ANGLE OF 34054' 55" (CHORD BEARING SOUTH 43033' 27" EAST) TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHEASTERLY 365.63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34054'55'; THENCE SOUTH 61000'55" EAST 400.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING WEST OF STATE ROAD 437 AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 23.0 ACRES MORE OR LESS. SAID LANDS AS DESCRIBED IN PARCELS A,B1,B2,B3,C,C1,D,E, AND FLYING IN ORANGE COUNTY, FLORIDA, CONTAINING 539.9 ACRES MORE OR LESS. 2 OF 2 I I , ~ ( H!~) (f Ii' ^J'l j .) If'~ C .