HomeMy WebLinkAboutOrdinance 90-58
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ORDINANCE NO. 90-58
CASE NO. 1-10AR-90:REAL
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "AG", AGRICULTURAL DISTRICT TO
R-1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT AND
R-1-AAA, SINGLE FAMILY RESIDENTIAL ON CERTAIN
REAL PROPERTY LOCATED AT THE NORTHERN
TERMINUS OF MONTGOMERY AVENUE AND THE
SOUTHEASTERN SHORE OF STARKE LAKE 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 Ci ty 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 of said real property ("the
Petitioner") have petitioned the City Commission of the City of
Ocoee, Florida ("the Ocoee City Commission") to rezone and
establish initial zoning classifications for said real property of
R-l-AA, Single Family Residential Districts and R-l-AAA, Single
Family Residential Districts ("the Initial Zonings"); and
WHEREAS, pursuant to Section 3.2 of Chapter II of
Appendix "A" of the Code of Ordinances of the Ci ty of Ocoee,
Florida ("the Ocoee City Code"), the Planning Director has reviewed
said petition and determined that the Initial Zonings requested by
the Petitioner are consistent with the 1979 City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 719, adopted April
15, 1980 ("the Ocoee Comprehensive Plan"); and
WHEREAS, said petition and zoning request 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 reviewed
said petition and the requested Initial Zonings for consistency
with the Ocoee Comprehensive Plan and determined that the Initial
Zonings requested by the Petitioner are consistent with the Ocoee
Comprehensive Plan and are in the best interest of the City and
have recommended to the Ocoee City Commission that said real
property be zoned R-l-AA, Single Family Residential District, and
R-l-AAA, Single Family Residential, as requested by the
Peti tioner, and that the Ocoee Ci ty Commission find that the
Initial Zonings requested by the Petitioner are 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 zonings of said real property; and
WHEREAS, the Ocoee City Commission has determined that
the Initial Zonings requested by the Petitioner are consistent with
the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee
Ci ty Commission in accordance wi th 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 "Orange County AG, Agricultural District" to "R-1-AA, Single
Family Residential District":
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
Section 3. 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 "Orange County AG, Agricultural District" to "R-1-AAA, Single
Family Residential District":
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 zonings of the lands described
in this Ordinance are 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 1.1 of Chapter III of Appendix A of the Code
of Ordinances of the City of Ocoee.
Section 6. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
Section h 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 oL,rd.. day of Nf)ul:-mf?Jt:-fL ,1990.
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APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
V\...
(SEAL)
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ADVERTISED November 8 , 1990
READ FIRST TIME October 31, 1990
READ SECOND TIME AND ADOPTED
No V f::'M.1?&1L d. , , 1990
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FO AND
LEGALIT , THIS
DAY OF , 1990
APPROVED BY THE OCOEE CITY
COMMISSIpN AT A MEETING
HELD ON 1'1 C> II b 'M (l:)~ d I , 1990
UNDER AGmDA ITJ!M NO. V 6'
FOLEY & LARDNER, VAN DEN BERG,
By:GAP3;-,' ~KIN
City Attorney
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CITY OF OCOEE
PROPOSED INITIAL ZONING
CASE NO. 1 ~1 OAR-90:RE'AL-
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EXISTING ZONING AG
PROPOSED ZONING R-1-AA AND R-1-AAA
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R-I-AA TRACT
LEGAL DESCRIPTION OF NON-LAKE FRONT LOTS TO BE ZONED R1-AA:
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22
SOUTH, RANGE 28 EAST; AND LOT 5, BLOCK 8 OF THE TOWN OF OCOEE, AS
PER THE PLAT THEREOF RECORDED IN PLAT BOOK A, PAGES 100-101 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AND VACATED CALIFORNIA
AVENUE WEST OF SAID LOT 5, BLOCK 8; AND THE WEST 1/2 OF MONTGOMERY
AVENUE AS VACATED IN OFFICIAL RECORD BOOK 4102, PAGES 302-304 OF
THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AND THAT PORTION OF
THE NORTH 1/2 OF OAK STREET, AS SHOWN ON SAID PLAT OF THE TOWN OF
OCOEE, LYING BETWEEN THE WEST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 17 AND THE SOUTHERLY PROJECTION OF
THE EAST LINE OF LOT 5, BLOCK 8 OF SAID PLAT OF THE TOWN OF OCOEE;
ALL LOCATED IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST.
.
LESS THAT PORTION OF THE ABOVE DESCRIBED LANDS LYING NORTHERLY AND
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST;
THENCE RUN NOo056'29"E, ALONG THE WEST LINE OF THE S.W. 1/4 OF THE
S.E. 1/4 OF SAID SECTION 17, A DISTANCE OF 316.32 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE RUN S89.03'31"E
A DISTANCE OF 107.95 FEET; THENCE RUN S59034'38"E A DISTANCE OF
49.22 FEET; THENCE RUN N56002'11"E A DISTANCE OF 270.25 FEET;
THENCE RUN N59007'25"E A DISTANCE OF 220.66 FEET TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
100.00 FEET; THENCE FROM A TANGENT BEARING OF N59007'25"E, RUN
ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 37.27 FEET THROUGH
A CENTRAL ANGLE OF 21021'17"; THENCE, DEPARTING SAID CURVE FROM A
TANGENT BEARING OF N37046'08"E, RUN N37046'08"E A DISTANCE OF
133.65 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 150.00 FEET; THENCE FROM A
TANGENT BEARING OF N37046'08"E, RUN ALONG THE ARC OF SAID CURVE AN
ARC DISTANCE OF 98.92 FEET THROUGH A CENTRAL ANGLE OF 37047'08";
THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING OF N75033'16"E,
RUN N75033'16"E A DISTANCE OF 99.44 FEET TO THE POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE, FROM A TANGENT BEARING OF N75033'16"E, RUN ALONG THE ARC
OF SAID CURVE AN ARC DISTANCE OF 71.94 FEET THROUGH A CENTRAL ANGLE
OF 20036'32"; THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING
OF S83050'05"E RUN S83050'12"E A DISTANCE OF 204.86 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS
OF 75.00 FEET; THENCE FROM A TANGENT BEARING OF S83050'12"E, RUN
ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 8.33 FEET THROUGH
A CENTRAL ANGLE OF 06021'41"; THENCE, DEPARTING SAID CURVE FROM A
TANGENT BEARING OF S77028'31"E, RUN S77028'31"E A DISTANCE OF 98.30
FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 75.00 FEET; THENCE FROM A TANGENT BEARING OF
S77028'31"E, RUN ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF
107.85 FEET THROUGH A CENTRAL ANGLE OF 82023' 23"; THENCE, DEPARTING
SAID CURVE FROM A TANGENT BEARING OF N20008'06"E, RUN N20008'06"E
A DISTANCE OF 70.90 FEET TO THE POINT OF CURVATURE OF A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE FROM
A TANGENT BEARING OF N20008'06"E, RUN ALONG THE ARC OF SAID CURVE
EXHIBIT "A"
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AN ARC DISTANCE OF 27.39 FEET THROUGH A CENTRAL ANGLE OF 07050' 49";
THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING OF N27.58'56"E,
RUN N27058'56"E A DISTANCE OF 87.22 FEET TO THE POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET;
THENCE FROM A TANGENT BEARING OF N27058'56"E, RUN ALONG THE ARC OF
SAID CURVE AN ARC DISTANCE OF 78.54 FEET THROUGH A CENTRAL ANGLE
OF 90000'00"; THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING
OF S62001'04"E, RUN S62001'04"E A DISTANCE OF 441.78 FEET; THENCE
RUN N84051'42"E A DISTANCE OF 25.10 FEET; THENCE RUN S89058'50"E
A DISTANCE OF 127.91 FEET TO A POINT ON THE EAST LINE OF THE WEST
1/2 OF THE S.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 17, SAID POINT
ALSO BEING THE POINT OF TERMINATION. SAID POINT OF TERMINATION
BEING NOo029'32"E ON SAID EAST LINE A DISTANCE OF 755.03 FEET FROM
THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE S.E. 1/4 OF THE S.E.
1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST. CONTAINING
30.625 ACRES THEREIN, MORE OR LESS. SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
EXHIBIT "An
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R-I-AAA
TRACT
LEGAL DESCRIPTION:
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22
SOUTH, RANGE 28 EAST; AND LOT 5, BLOCK 8 OF THE TOWN OF OCOEE, AS
PER THE PLAT THEREOF RECORDED IN PLAT BOOK A, PAGES 100-101 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AND VACATED CALIFORNIA
AVENUE WEST OF SAID LOT 5, BLOCK 8; AND THE WEST 1/2 OF MONTGOMERY
AVENUE AS VACATED IN OFFICIAL RECORD BOOK 4102, PAGES 302-304 OF
THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AND THAT PORTION OF
THE NORTH 1/2 OF OAK STREET, AS SHOWN ON SAID PLAT OF THE TOWN OF
OCOEE, LYING BETWEEN THE WEST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 17 AND THE SOUTHERLY PROJECTION OF
THE EAST LINE OF LOT 5, BLOCK 8 OF SAID PLAT OF THE TOWN OF OCOEE;
ALL LOCATED IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST.
.
THAT PORTION OF THE ABOVE DESCRIBED LANDS LYING NORTHERLY AND
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST' 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST;
THENCE RUN NOo056'29"E, ALONG THE WEST LINE OF THE S.W. 1/4 OF THE
S.E. 1/4 OF SAID SECTION 17, A DISTANCE OF 316.32 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE RUN S89.03'31"E
A DISTANCE OF 107.95 FEET; THENCE RUN S59034'38"E A DISTANCE OF
49.22 FEET; THENCE RUN N56.02'll"E A DISTANCE OF 270.25 FEET;
THENCE RUN N59.07'25"E A DISTANCE OF 220.66 FEET TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
100.00 FEET; THENCE FROM A TANGENT BEARING OF N59007'25"E, RUN
ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 37.27 FEET THROUGH
A CENTRAL ANGLE OF 21021'17"; THENCE, DEPARTING SAID CURVE FROM A
TANGENT BEARING OF N37046'08"E, RUN N37046'08"E A DISTANCE OF
133.65 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 150.00 FEET; THENCE FROM A
TANGENT BEARING OF N37046'08"E, RUN ALONG THE ARC OF SAID CURVE AN
ARC DISTANCE OF 98.92 FEET THROUGH A CENTRAL ANGLE OF 37.47'08";
THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING OF N750 33 '16"E,
RUN N75033'16"E A DISTANCE OF 99.44 FEET TO THE POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE, FROM A TANGENT BEARING OF N75033'16"E, RUN ALONG THE ARC
OF SAID CURVE AN ARC DISTANCE OF 71.94 FEET THROUGH A CENTRAL ANGLE
OF 20036'32"; THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING
OF S83 0 50' 05"E RUN S83 050' 12 "E A DISTANCE OF 204.86 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS
OF 75.00 FEET; THENCE FROM A TAN~ENT ~EARING OF S83.50'12"E, RUN
ALONG THE ARC OF SAID CURVE AN ARC DI~TANCE OF 8.33 FEET THROUGH
A CENTRAL ANGLE OF 06.21' 41"; THErCE ,I! IDEPARTING SAID CURVE FROM A
TANGENT BEARING OF S77.28'31"E, RUN S77;.28'31"E A DISTANCE OF 98.30
FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 75.00 FEET; THENCE FROM A TANGENT BEARING OF
S77.28'31"E, RUN ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF
107.85 FEET THROUGH A CENTRAL ANGLE OF 82.23' 23"; THENCE, DEPARTING
SAID CURVE' FROM A TANGENT BEARING OF N20.08'06"E, RUN N20.08'06"E
A DISTANCE OF 70.90 FEET TO THE POINT OF CURVATURE OF A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE FROM
A TANGENT BEARING OF N20008'06"E, RUN ALONG THE ARC OF SAID CURVE
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EXHIBIT "B"
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AN ARC DISTANCE OF 27.39 FEET THROUGH A CENTRAL ANGLE OF 07. SO' 49";
THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING OF N270S8IS6"E,
RUN N270S8IS6"E A DISTANCE OF 87.22 FEET TO THE POINT OF CURVATURE
OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF SO. 00 FEET;
THENCE FROM A TANGENT BEARING OF N270S8'S6"E, RUN ALONG THE ARC OF
SAID CURVE AN ARC DISTANCE OF 78.S4 FEET THROUGH A CENTRAL ANGLE
OF 90000'00"; THENCE, DEPARTING SAID CURVE FROM A TANGENT BEARING
OF S62001104"E, RUN S62001'04"E A DISTANCE OF 441.78 FEET; THENCE
RUN N840S1'42"E A DISTANCE OF 2S.10 FEET; THENCE RUN S89.S8'SO"E
A DISTANCE OF 127.91 FEET TO A POINT ON THE EAST LINE OF THE WEST
1/2 OF THE S.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 17, SAID POINT
ALSO BEING THE POINT OF TERMINATION. SAID POINT OF TERMINATION
BEING NOoo29132"E ON SAID EAST LINE A DISTANCE OF 7S5.03 FEET FROM
THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE S.E. 1/4 OF THE S.E.
1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST. CONTAINING
31.368 ACRES THEREIN, MORE OR LESS. SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
EXHIBIT nBn
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