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Home My WebLink AboutOrd. 91-25 ORDINANCE NO. 91- 25 CASE NO. 1-6R-91:NJB FEINSTEIN . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM IIR-3, MULTIPLE-FAMILY DWELLING DISTRICTII AND IIA-1, GENERAL AGRICULTURAL DISTRICTII TO IIR-1, SINGLE FAMILY DWELLING DISTRICTII ON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ADAIR STREET AND 150 FEET SOUTH OF NICOLE BOULEVARD, AS PETITIONED BY THE PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (lithe Petitionerll) of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have petitioned the city commission of the City of Ocoee, Florida (lithe Ocoee City Commissionll) to rezone and change the zoning classification for said real property from IIR-3, MULTIPLE-FAMILY DWELLING DISTRICTII AND IIA-1, GENERAL AGRICULTURAL DISTRICTII TO "R-1, SIN G L E FAMILY DWELLING DISTRICT"; and WHEREAS, pursuant to section 3.2 of Chapter II of Appendix II A II of the Code of Ordinances of the City of Ocoee, Florida (lithe Ocoee City Code"), the Planning Director has reviewed said petition and determined that the rezoning requested by the Petitioner is consistent with the 1979 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 719, adopted April 15, 1980 (lithe Ocoee Comprehensive Plan"); and WHEREAS, said rezoning petition 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 reviewed said rezoning petition for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Petitioner 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 changed to "R-1, Single Family Dwelling District", as requested by the Petitioner, and that the Ocoee City commission find that the zoning requested by the Petitioner 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 proposed rezoning of said real property; and . WHEREAS, the Ocoee City Commission has determined that the 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 Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of land located wi thin the corporate limits of the City of Ocoee, Florida, is hereby changed from "R-3, MULTIPLE-FAMILY DWELLING DISTRICT" AND "A-l, GENERAL AGRICULTURAL DISTRICT" TO "R-l, SINGLE FAMILY DWELLING DISTRICT": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SEE EXHIBIT "B" SITE LOCATION MAP 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 1.1 of Chapter III of Appendix A of the Code of Ordinances of the City of Ocoee. section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. Section 6. Severabilitv. 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. effective Section 7. Effective Date. This Ordinance shall immediately upon passage and adoption. PASSED AND ADOPTED this 11 11 day of S 61'1"&1\0\ f) t-1<.. become , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA or JE ( SEAL) . ADVERTISED September 5 , 1991 READ FIRST TIMESeptember 3, 1991 READ SECOND TIME AND ADOPTED ~'bP7C-1l'\ i3~ R- n , 1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO F AND LEGALITY TH DAY OF APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Scl'~&t-e.. n , 1991 UNDER AGENDA ITEM NO. II Ill} . ::~y V;:Pr ~JJ! City Attorney EXI-E.BlT "l\" TO ORDINAJ.'\JCE 91- 25 (CASE NO. 1-6R-91:NJB FEINSTEIN) DESCRIPTION: All that part of the Northwest 1/4 of the Northeast 1/4 of Section 8, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest comer of said Northv/cst 1/4 of the Northeast 1/4;. thence run N 89033'16" E along the South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 25.00 feet; thence run N 00056'08" W along the East line of Adair Street (a 50' R/W) for a distance of 345.00 feet to the Point of Beginning; . Thence run the following courses along the Northerly and Easterly property lines of the OCOEE GARDEN APARTMENTS recorded in Official Record Book 3183, Page 2331 of the Public Records of Orange County, Florida; thence run N 89033'16" E for a distance of 120.00 feet; thence run N 00026'44" W for a distance of 20.00 feet; thence run N 89033'16" E for a distance of 35.00 feet; thence run S 00026'44" E for a distance of 20.00 feet; thence run N 89033'16" E for a distance of 150.00 feet; thence run S 00026'44" E for a distance of 108.51 feet; thence run N 89033'16" E for a distance of 202.95 feet; thence run S 00026'44" E for a distance of 75.00 feet; thence run N 89033'16" E for a distance of 36.40 feet; thence run S 00026'44" E for a distance of 20.00 feet; thence run N 89033'16" E for a distance of 99.26 feet; thence run S 00044'43" E for a distance of 141.48 feet; thence leaving said Northerly and Easterly boundary lines of OCOEE GARDEN APARTMENTS run N 89033'16" E along the aforementioned South line of said Northwest 1/4 of the Northeast 1/4 for a distance of 666.40 feet; thence run N 00032'06" W along the East line of said Northwest 1/4 of the Northea,,; 1/4 and the West line of SHARI ESTATES, recorded in Plat Book 10, Page 98 of said Public Records for a distance of 1108.64 feet; thence run S 87054'57" W along the South Right-of- Way line of Nicole Boulevard (a 60' R/W) for a distance of 670.14 feet; thence run S 00043'04" E along the Southerly boundary of TWIN LAKE FOREST, recorded in Plat Book 10, Page 96 of said Public Records for a distance of 461.23 feet; thence run S 88040'39" W along said Southerly boundary for a distance of 643.77 feet; thence run S 00056'08" E along the aforementioned East Right-of-Way line of Adair Street for a distance of 273.43 feet to the Point of Beginning. Containing 22.073 acres more or less and being subject to any rights-of-way, restrictions and easements of record. . EXHIBIT -B" SITE IOCATIOO MAP CITY OF OCOEE PROPOSED REZONING CASE NO. 1-6R-91:NJB FEINSTEIN , fmltl- - ffiIffiHfE 8ffit fr - - BE~ - BEmlITlnl1 IT T II - T II III :: hlllll - / I .J ~ - LJ o I R-l - ( NtCOLE BLVD ""'1 .., I ""'1 T - -11 ,I I I I -J - --...... I _ =111111111 J.LWIL I I I I I I I _I :::EHffiE =..w II E .a_ImrIE: :lm ~ - ElIlJI) DllTIlIIIJ "T I I If 1 I I TIT II( BIlIIIIl.IJ][I] I If I I I' _.. lJj :ll~ -~~~ ~ - , I ITI I .11 ~ ~ Ilrfl L A- ~' '. wl--1 w a: ... o a: SUBJECT PROPERTY . I . ..l .... TT I I rill/II I t:: 'I 1 IJ I I II I : t:: R-l-A , R~l - 'ImO! : : J ~ 11 Tt.1 ;:: lJ t:: 1-1 lJt: r- lIt: I j L III II I .... ^ t:: ~ ) I I I I I I f-~ ~"}-)~ - II II II II'V ~'1.~:::: '1/ )./.') '- "I ')'.... I II ry...[,' _' _ I 1 I I I I "'-/7 U ,..,y ~ ~- T1i II J furllf .., '7}(. "f) ",t<i", '..J. ~ ..... ~........ ) 7r- SITE SIZE: 22.07 ACRES, EXISTING ZONING: R-3;"'MUL TI-FAMILY RESIDENTIAL AND A-1, AGRICULTURAL PROPOSED ZONING: R-1, SINGLE FAMILY RESIDENTIAL