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Home My WebLink AboutOrdinance 92-31 ORDINANCE NO. 92-31 CASE NO. 2-161AR-92: BATTAGLIA-WEST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-l, AGRICULTURAL DISTRICT, TO OCOEE, R-l-AA, SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE WEST OF APOPKA-OCOEE ROAD AND 2,000 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 (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 "OCOEE, R- 1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT" (lithe 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 City of Ocoee, Florida (lithe 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-1- AA, 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-I. AGRICULTURAL DISTRICT" to "OCOEE. R-l-AA. 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 S-I(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 -1.i...!i day of j'J ~il:-I11lb&fL , 1992. APPROVED: Clerk CITY OF OCOEE, FLORIDA (' S:~tt. td~~fl S. Scott Vandergrift, ATTEST: J ( SEAL) ADVERTISED ld.a..~ READ FIRST TIME I , READ SECOND TIME AND ADOPTED ~6Lf-n'''1Ht JlI , 1992. 1992 1992 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROV'R AS TO FO~. AND ~ALITY thlS ~ day of . WM , 1992. FOLEY & lJDNER By: if ~ <{ flaJtJ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON .j)GC6l'Y1f':>6-IC I'-{ , 1992 UNDER AGENDA ITEM NO. ~ ZONING.ORD (' u C3 EXHIBIT MA" 2-161AR-92: BATTAGLIA-WEST I l f 1 ~ .i.....4 SECTION 31-21-28 SECTION 6-22-28 .1 :.1 ! ... '~l' LEGAL DESCRIP T10N THA T PART OF THE SOUTH 1/2 OF SE 1/4, SECTION 31, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND OF THE NW 1/4 OF THE NE 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST. LYING WEST OF THE OCOEE- APOPKA HIGHWA Y, LESS THA T PART THEREOF LYING SOUTH AND WEST OF THE FOLLOWING LINE: FROM THE NE CORNER OF SE 1/4 OF SE 1/4, SECTION 31. TOWN- SHIP 21 SOUTH, RANGE 28 EAST, RUN WEST 1241.8 FEET; THENCE S 23' 16' WEST ALONG WEST MARGIN OF THE HIGHWA Y A DISTANCE OF 1615.16 FEET; THENCE ALONG SAID HIGHWA Y S 28' 34' WEST A DISTANCE OF 780.85 FEET TO POINT OF BEGINNING: THENCE N 77' 06' WEST A DISTANCE OF 49.85 FEET: THENCE N 56' 46' WEST A DISTANCE OF 47.20 FEET; THENCE N g' 35' WEST A DISTANCE OF 254.65 FEET; THENCE N 80' 12" EAST A DISTANCE OF 23.00 FEET; THENCE N 10' 51' WEST A DISTANCE OF 80.35 FEET; THENCE WEST TO A POINT OF INTERSECTION WITH WEST LINE OF SAID NW 1/4 OF NE 1/4 OF.. SAID SECTION 6. SKETCH OF DESCRIPTION ONt Y - NOT A SURVEY I CERWY 1WA T MS SKFTCH OF DESCRIPTJOH MaTS M EXCEEDS JHE JlIMAllN Tl'ONCAl STANDARDS SET FORTH BY TU( RomOA BOARO OF lANO StMK-""'S tH CHAPTf:R .'HH-I r.A.Co PURSUANT 10 $Ecnew 472.027 nORHM srAn/rES. NO CORHE1t$ MOtf" SET AND 7HE AUfflOR ASSUMES' NO MSPOHSlBIUJY HYONO ACCCPTJ:D MA THEM'" nCAL a.o:5UJIl('S. PAIKn AQfE"'-<< SHOrtH HPffOH IS SJAJ.€CT 10 I1ElD WRflCAJfOH. "HURLEY PROPERTy" PORTIONS OF SECTION J7, TOWNSHIP 27 SOUTH, RANGE 28 EAST '" SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST ....NO- PREPARED FOR: SA TTAGLlA FRUIT COMPANY. INC. 92284 .~~,_,.~,,,~,~~,~~~,,:,,!!~l~!!,,~~,!~,~:~,,~~~,~ DA~ 2 OF 2 ~ _ .', a professlonol surveytng oompany 8/J/92 sc.<Lf ,. 501 E. Jackson Slr..I, Suit. 222, Orlando, FL 32801 (407) 422-5042 I' - JOO' SITE LOCATION MAP - .. .. CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2-161 AR-9.2 BATIAGLIA WEST "HURLEY PORTION" AREA: AREA: 42.-6~- ACRES PROPERTY TAX 10: 6-22-28-0000-00025 31-22-28-0000-00016 LAKE APDPKA ~ SINGLE FAMILY DISTRICT v I I -- SUBJECT -- PARCEL ~ 1 ~/~ ~/S "ll, ?~ S- iL ":.'1 (J ~~ ... ~ h~ \:[9 EXHIBIT MAM ~ ~~~~~~~ _ UNINCORPORATED ORANGE COUNTY (FOR IllUSTRATION PURPOSES ONLY) - I