HomeMy WebLinkAboutOrdinance 90-43 (PULLED BY PETITION)
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ORDINANCE NO. 90- 43 (~'.
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:::::I~;:E5::9::IN::::L:F OCOEE, FW~DA
CHANGING THE ZONING CLASSIFICATION FROM ORANGE
COUNTY RCE. RURAL COUNTRY ESTATES TO
PUD. PLANNED UNIT DEVELOPMENT DISTRICT
ON CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF MAGUIRE AND ROBERSON ROADS
AS PETITIONED BY THE PROPERTY OWNERS;
APPROVING A LAND USE PLAN; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the ci t Commission of the City of Ocoee,
Florida has on the date of option of this Ordinance, annexed into
the corporate limits of e city of Ocoee, Florida certain real
property now located in e city of Ocoee, Orange County, Florida,
as hereinafter describ and
WHEREAS, th owner or owners of said real property ("the
Petitioner") have pe itioned the City commission of the City of
Ocoee, Florida (lithe Ocoee City commission") to rezone and
establish an initial zo 'ng classification for said real property
of PUD PLANNED UNIT ELOPMENT DISTRICT ("the Initial
Zoning") and to approve the Lan e Plan for said real property,
dated September 1990, as revised Oc er 18, 1990 and October 25,
1990, as prepared by Professional En ' eering Consultants, Inc.
under Job No. NG-01 (lithe Land Use Plan" ; and
WHEREAS, pursuant to section Chapter II of
Appendix "A" of the Code of Ordinance city of Ocoee,
Florida ("the Ocoee City Code"), the PIa ing Director has reviewed
said petition and determined that the nitial Zoning requested by
the Petitioner and the Land Use Plan are consistent with the 1979
City of Ocoee Comprehensive Plan as et forth in Ordinance No. 719,
adopted April 15, 1990 (lithe Ocoe Comprehensive Plan"); and
WHEREAS, said petitio zoning request and Land Use Plan
were scheduled for study and ecommendation by the Planning and
Zoning Commission of the City Ocoee, Florida (lithe Planning and
Zoning commission"); and
WHEREAS, the Ocoee ity Commission has held a de nova
public hearing with official notice thereof with respect to
proposed zoning of said real pr erty and the Land Use Plan, and
WHEREAS, the Ocoee city Com ' sion has determined that
the Initial zoning requested by the Pet1 ' ner and the Land Use
Plan are consistent with the Ocoee Comprehens' e Plan; and
WHEREAS, this Ordinance has been cons ide ed by the Ocoee
City commission in accordance with the procedur s set forth in
Section 166.041(3) (a), Florida statutes.
E CITY COMMISSION OF
.
NOW, THEREFORE, BE IT ENACTED BY
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
section 1. The City commis ion of the City of Ocoee,
Florida has the authority to adopt t is Ordinance pursuant to
Article VIII of the Constitution of teState 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 RCE II to II PUD, PLANNED UNIT
DEVELOPMENT" :
BY THIS
HEREOF.
owing Land Use Plan for the real
II A" attached hereto is hereby
al otes, site data and conditions
and fu ther subject to a Development
plans an conditions of approval by
.
Section 3. The f
property described in Exhib'
approved, subject to the Gen
of approval set forth therei
Agreement incorporating all
reference:
That certa n Land Use an, dated
September 990, as revis d October
18, 1990 nd October 25 1990, as
prepared y Professional gineering
Consulta s, Inc. under ob No. NG-
01, a c py of which i attached
hereto a Exhibit "B" nd by this
referenc made a part h reof.
Section 4. hat the City commission of the City of
Ocoee, Florida, hereby f'nds the new z ning of the lands described
in this Ordinance and th Land Use PI n to be consistent with the
Ocoee Comprehensive Plan.
Section 5. The city Cle k is hereby authorized and
directed to revise the Offic1 I Zonin Map of the City of Ocoee in
order to incorporate the zing mendments enacted by this
Ordinance and the Mayor and Ci~ CI rk are hereby authorized to
execute said revised Official Zon' Map in accordance with the
provisions of Section 1.1 of Chapter I of Appendix A of the Code
of Ordinances of the City of Ocoee.
Section 6. All ordinance
conflict herewith are hereby repealed
parts of ordinances in
rescinded.
Section 7. Severability. f any section, subsection,
sentence, clause, phrase or portion 0 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
day of
1990.
.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
( SEAL)
JEAN GRAFTON,
ADVERTISED November 8 , 1990
READ FIRST TIME 10/31, 1990
READ SECOND TIME AND ADOPTED
~ ' 1990
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FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS
DAY OF '\~990
FOLEY & LARDNER, V EN BERG,
GAY, BURKE, WILSON &
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1990
UNDER AGENDA ITEM NO.
.
By:
City Attorney
.
CITY OF OCOEE
PROPOSED INITIAL ZONING
CASE NO. 1-35AR-90:WINGFIELD
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EXISTING Z'ONING RCE
PROPOSED ZONI NG PUD-RESIDEN AL
EXHIBIT A
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PARCEL 1;
The South ~ of Section 31, Township 22 South, Range 28 East,
LESS that part thereof lying West of Windermere Road.
PARCEL 2:
The North j of Section 6, Township 23 South, Range 28 East.
LESS that part lying West of Windermere Road and LESS the
following:' Begin" at the N.E. corner of the SE 1 of NW 1 of
said Section and run West 437.71 feet. thence North 150 feet
thence East 737,71 feet, thence South 150 feet. thence West to
the Point of Beginning,
PARCEL 3:
6 EXHIBIT
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The North 1 of the SE 1 of the
Township 23 South, Range 28
of Section
All lying and being in ange County, Florida, LESS Road
Right+of-way for Winde mere Road. Roberson Road nd
t-iaGuire Road.
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Being further described as follo : COlll1lence at the H.E. corner of said
Section 6; Thence run S. 890-4 1-41"W. along the Harth line of said
Section 6 for 40,03 feet to the Poi of Beginning. Thence run S. 20_241-
32"[. along the West right-of-way lin of Maguire Road for 1527.65 feet to
a P()int of Curvature; Thence run South ly along the arc of a circular
curve concave to the West aBd havi~9 for i elements a radius of 1392.69
feet., a centr~ angle of 4 -051-23", a char of 99.39 feet and a chord
bearing of 5.0 -211-49"E. for an arc distance 0 99.41 feet to the South
line of the North 1 of the S,E, 1 of thl~ ~. E.' 1 0 said Section 6: Thence
lea\oing scid right-of-way line run S. 89 -151-35" for 1316.01 feet to
the S.W. corner of Jhe North 1 of the S.E. 1 of the .E. 1 of said Section
6; Thence run N. 1 -191-OO"W, for 327.33 feet to th N.W. corner of the
Norts 1 of the S,E, 1 of the N,E. 1 of said Se tion 6; Thence run
S.89,-201-55"W, along the South line of the ~,W. 1 f the N.r:--i of Said
Sectlon 6 for '953,40 feet; Thence run N.O -141-1 "W. for 150,00 leet;
Thence run S, 89 201-55"W, for 300600 feet to the est line of the H.E. I
of ~aid Section 6: Thence run S. 89 -24'-52"W. f 437.71 feet; Thence
run S.00-141-17"E, for 150,00 feet to the aout line of the Harth ~ of the
H.W. 1 of said Section 6; Thence run S, 89 - 1-52"W, dlong the South line
of the North ~ of the N,W, 1 of said Se ion 6 for 1891.33 fset. to the
East right-of-way line of Windermere ad; Thence run H. 10 -12'-38"E.
along said right-of-way line for 1521. 5 feet to a point of curvatur'e;
Thence run Northwesterly along the a c of a circular curve concave to the
Southwest and havin% for its ele ents a radius of 849.02 feet and a
central angle of 49 -071-00", bar an arc distance of 727.82 feet to a
point of tangency; Thence N, 38 -541-22"W. for 211.41 feet to a point of
curvature; Thence run Northwesterly along the arc of a circular curve
concave to the Northeast and ha~ing fa its elements a radius of 1116.28
feet and a central angle of 38 -16'-00", for an arc distance of 754.54
feet to a point of tangency; Thence run . 00-381-22'W. for 886.62 feet
to the Poiot of intersection of the East ri ht-of-way line of Windermere
Rd. with the South right-of-way line 0 Roberson Road; Thence run
N.890-361-38"E. along the South right-of- ay line of Roberson Road for
74.87 feet to a point of curvature; thenc run Northeasterly along the arc
of a circular curve concave to the Nort est and having for its elements a
radius of 1017.35 feet and a centr angle of 100-001-00", for an arc
distance of 177.56 feet to a point reverse curve~
Thence run Northeasterly along the arc of a circular curve concave to the
Souttleast and havi gg for its e ements a radi us of 957.35 feet and a
central angle of 10 -00'-00" for an arc distance of 167,09 feet to a point
of tiOgency, Thence run N,890-3 1-38" E. along said right-of-way line.
Bein~ 30,00 feet South of and para lel with the North line of the South ~
of s-aid Section 31 for 2197,96 fet>t to the West line o,f th~ S,E, 1 of s~id
Sectlon 31; Thence continue N, 89 -3 1-38"E. along saldr,lght-of-way hne
for 2604.50 feet to the West right-of- line of Maguire Road; Thence run
S,Oo-21'-23"E, along the West right-of-wa line of M~guire Road, Being 40.
00 ft~et West of and para 11 e 1 wi th the Eas 1 i ne of the S. E. i of sa'i d
~ection 31 for 2631,,39 feet to the Point of B qinninq,
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