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HomeMy WebLinkAboutOrdinance 90-54 . J.l~ GI ~GI > go ~ t~ Q)'" ctO ole i~8j~ lii~ ~o...f ORDINANCE NO. 90- 54 CASE NO. 1-16AR-90: SPRAYFIELD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY AG. AGRICULTURAL DISTRICT TO A-1, GENERAL AGRICULTURAL DISTRICT ON CERTAIN REAL PROPERTY LOCATED ON OCOEE-CLARCONA ROAD AND 1200 FEET EAST OF WEST ROAD 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 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 of said real property (lithe Peti tioner") have petitioned the City Commission of the City of Ocoee, Florida ("the Ocoee city commission") to rezone and establish an initial zoning classification for said real property of A-1, General Aqricultural District (lithe Initial Zoning"); and WHEREAS, pursuant to section 3.2 of Chapter II of Appendix "A" 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 Ini tial Zoning 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 ("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 (lithe Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has reviewed said petition and the requested Initial Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning 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 said real property be zoned A-1 , General Aqricultural District , as requested by the Petitioner and that the Ocoee City commission find that the Initial 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 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. 1 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 within the corporate limits of the city of Ocoee, Florida, is hereby changed from "Orange County AG. Agricultural District" to "A-1 General Aqricultural 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 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. 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 JJ ~ day of ND (J6--WI ~~ 1990. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ~B~ . (SEAL) 2 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO F~ AND LEGALIT1;, THI~ _ 'c;. I DAY OF IUi)\f~~ , 1990 FOLEY , LARDNER, VAN DEN BERG, . By~AY(J;:Y7~~N city Attorney . ADVERTISED November 8 , 1990 READ FIRST TIME October 31, 1990 READ SECOND TIME AND ADOPTED !lJO()(;'/VI ~trte. ~ , 1990 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON N () V6-f\.1 (!.6--Yl.. .11 , UNDER AGENDA ITEM NO. V {!. 1990 . 3 EXHIBl'r A. """/< , . CITY OF OCOEE PROPOSED INITIAL ZONING CASE NO. 1-16AR-90:SPRAY ---r \-'---~"1... -=~t~ SPRAYFIELO:' _SITE! \ .CASE NO. 1-16 AR-90: SPRAYFIELD ,,1 "1 ~ i II " I 31 32 6 --I ~ ~ " , ': . c . u ... .e. __......Ir:r::ronm n-TIIIIIIIJ I _ _ _~".." ~ .:' , : 0 C:;~III~I#I~~lill~111~ii . :J ~H*~ PlT,~i-1! INGRAM ROAD i I. r-----l :_- .,. ~Ql1f l of-~ EXHIBIT A ~~~ The N ~ of the NW ~ ~ the NW ~ of the NE ~ of Section 5, Town.hip 22 South, Range 28 East, Also the. SW It of the SE ~ (les8 the North 80.00 feet) of Section 32, Township 21 Sout.h, ~nge 28 East, Orange Cou~ty, Florida. Also described as follows: Begin at the Southw~8t corner oi the SH ~ of th9 SE ~ of Section 32, Town~hip 21 South, Range 28 Eact, Orange County, Florida. Run thence N 01-56' 52" H, .1241. 70 feet along the 0 West line of said SW ~ of the SE ~ to a point 80.00 teet South at the Northwest corner thereot, thenceON 89-59'01- E, 1323.91 feet, parellel with the North line of said SW ~ of the SE ~, to the East line thereof, thence S 02"10'59" E. 1298.77 feet to the Southeast corner of said SW ~ of the . . SE ~, also being the Northeast corner of the NW ~ of the NE .~ of Section 5, Town~hip 22 South, Range 28 Ea~t, thence S 0-01'51" W, 1398.15 feet to the Southeast corner ot ~aid .m Is of the NE Is,. thence N 88-57'16" W, 1318.79 feet to the Southwest corner thereof, also being the Southeast corner of the N,~ of the NW ~ of said Section 5: thence S 86-11'11" W, 2700.02 feet to the Southwest corner of said N ~ ot the NW ~: thence N 02-08'35" E, 12~5.S5 feet to the Northwest corner of the aforesaid Section 5: th~ncc N 82-31'54" E, 2657.15 feet to the Point of Beginning. -----A;Vlf--~ O:~:.t.,.O...~';~H~o . ~,,' . .~. ..:~1 . ,':.'':'' COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF; SAID SECTION 5 FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 00434'55. WEST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 1366.10 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF OCOEE. CLARCONA ROAD; THENCE RUN NORTH 90"00'00. WEST, ALONG SAID NORTH RIGHT.OF.WAY LINE, 1334.94 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE RUN NORTH 00"32'29" WEST, ALONG SAID WEST LINE, 1403.02 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE RUN SOUTH 88~26'49. EAST, ALONG SAID NORTH LINE, 1362.57 FEET, TO TI-iE POINT OF BEGINNING; A II/) t)l;l~;~s,j.':,i, . :;;,;3.~,'!1~ t"1;;,~~w..~i'.S'f"~1 ~ ,;r;:~~ .'mi;j~"~"~~J~ .iH~ , LL : ... .::.:~~rr}~' ," '- .'~'3!::/+-n~:~~ ._..~ ..~~.., ....;~..4..1. 4. ,;: ~~~~~~~ c.. en . . -0 0) I '0: <C co ~ A TRACT OF LAND LYING IN SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, DESCRIBED AS FOLLOWS: I ,.. -, ! THE SOUTHEAST QUAR'fER OF THE NORTIIWEST QUARTER OF SEC'l'ION 5, TOWNSHIP 22 sou'ru, RANGE 28 EAST (LESS THAT CERTAIN RIGHT-OF-WAY TO ORANGE BELT RAILROAD COMPANY AND RECORDED IN DEED BOOK ~O, PAGE 274 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA) DESCRIBED AS FOLLOWS: . o z . COMMENCE AT 'l'IlE NORTHEAST CORNER OF SAl D NOR'I'IIWEST QUARTER FOR A POINT OF REFERENCE; THENCE, 'ALONG THE EAtl'L' LI NE Ol~ SAl D NOR'l'HWES'l' QUAR'l'ER, RUN SOU'l'lI 01007'23" WES'l', 1385.50 FEE'!' '1'0 TilE NOR'1'IIEAST CORNEn OF THE SOUTHEAST QUAR'rER OF SAI D NOR'rHWES'r AND '1'I1E PO I WI' OF BEGINNING; TIIENCE, ALONG 'l'IIE EAS'1' LINE OF SAID SOU'rIlEAS'l' QUARTER, CONTINUE SOUTII 01007'23" WEST, 1385.50 FEE'I' TO 'rUE SOU'l'HEAST CORNER Oft' SAID SOUTH&:AST QUA[{'l'ER; 'l'HENCE ALONG THE SOUTII LI NE OF SAl L) :WIJ'j'ItEAST QUARTER, RUN NOR'l'1l 88031'00" WEST, 1375.69 FEET '1'0 'PilE SOU'rHWEST CORNER OF SAI D sou'rH~AS'l' QUARTER; TIIENCE, ALONG 'l'IIE WES'!' [,1 NE OF SAI D sou'rllEAST QUARTER, RUN NOR'rH 02020'54" EAS'1', 1300.03 FEE'!' TO TilE NOR'l'IIWE:S'l' CORNER OF S.\I D SOU'l'IIEAS'l' QUARTER; 'I'IIENCE, ALONG 'rUE NOWI'H LI NE O[~ gAl D SOUTIIEAs'r QUAR'rE:n I RUN NOHTH 87052' 55" EAS'l', 1350.01 FEE'r '1'0 TilE POIN'P OF Bli:GHINlNC; IW en <C ()