HomeMy WebLinkAboutOrdinance 90-45
ORDINANCE NO. 90- 4S
CASE NO. 1-37AR-90:CHRISTIANSEN
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM ORANGE
COUNTY A-1 TO PUD. PLANNED UNIT
DEVELOPMENT DISTRICT ON CERTAIN
REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER
OF MAGUIRE AND MOORE 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.
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
Petitioner") have petitioned the City Commission of the City of
Ocoee, Florida (lithe Ocoee City Commission") to rezone and
establish an initial zoning classification for said real property
of PUD. PLANNED UNIT DEVELOPMENT DISTRICT (lithe Initial
Zoning") and to approve the Land Use Plan for said real property,
dated September 13, 1990, as revised October 19, 1990 and October
24, 1990, as prepared by Gifford Anglin (lithe Land Use Plan"); and
WHEREAS, pursuant to section 3.2 of Chapter II of
Appendix II 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 Initial zoning requested by
the Petitioner and the Land Use Plan are consistent with the 1979
City of Ocoee Comprehensive Plan as set forth in Ordinance No. 719,
adopted April 15, 1990 (lithe Ocoee Comprehensive Plan"); and
WHEREAS, said petition, zoning request and Land Use Plan
were 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, the requested Initial Zoning for consistency, and
the Land Use Plan with the Ocoee Comprehensive Plan and determined
that the Initial Zoning requested by the Petitioner and the Land
Use Plan are consistent with the Ocoee Comprehensive Plan and are
in the best interest of the city and has recommended to the Ocoee
City commission that said real property be zoned PUD. PLANNED UNIT
DEVELOPMENT DISTRICT ,as requested by the Petitioner, that the
Land Use Plan be approved and that the Ocoee city Commissin find
that the Initial zoning requested by the Petitioner and the Land
Use Plan are consistent with the Ocoee Comprehensive Plan; and
.
WHEREAS, the Ocoee City commission has held a de nova
public hearing with official notice thereof with respect to
proposed zoning of said real property and the Land Use Plan; and
WHEREAS, the Ocoee city commission has determined that
the Initial Zoning requested by the Petitioner and the Land Use
Plan are 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 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 "0range County A-1 II to II PUD. PLANNED UNIT
DEVELOPMENT":
.
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
section 3. The following Land Use Plan for the real
property described in Exhibit "A" attached hereto is hereby
approved, subject to the Land Use Data and conditions of approval
set forth therein and further subject to a development agreement
incorporating all plans and conditions of approval by reference:
That certain Land Use Plan, dated
September 13, 1990, as revised
October 19, 1990 and October 24,*
1990, as prepared by Gifford Anglim,
a copy of which is attached hereto
as Exhibit "B" and by this reference
made a part hereof.
*and as further revised November 12, 1990 and November 20, 1990
section 4. That the City Commission of the city of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance and the Land Use Plan to be 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 7. 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 ~~ day of JJDt)f:rf'Yt{JffIl. 1990.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
~r
( SEAL)
.
.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY'^A~HIS ~
DAY OF ~7 ., 199'
FOLEY & LARDNER, VAN DEN BERG,
:;~' BVJf(O~
city Attorney
ADVERTISED November 8 , 1990
READ FIRST TIME 10/31 , 1990
READ SECOND TIME AND ADOPTED
N()()Grhr:.~ .)..() ,1990
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON N {){/6f11 ~6'f2-Jv, 1990
UNDER AGENDA ITEM NO. III ~ ,J;-o .
CITY OF OCOEE
PROPOSED INITIAL ZONING
CASE NO. 1-37AR-90:CHRISTIANSEN
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CASE N ;1.( 1-37 AR-90:CKRISTIANSEN
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EXISTING Z'ONING A-1
PROPOSED ZONING PUD-RESIDENTIAL
EXHIBIT A
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THE ,\j0RTH IlL OF T:-<E ..::-.1'v. 1/4 Or- SEvTION 32, TOWNSHIP
22 SOUTH, r-p.'\13'~ ?8 EA":':T, ORANC?F COUNty, FLORI DA,
LESS THE WEST 40.CC FEET FOR ROAD; AND T~E SOUTH
5 ACRE.:: OF THE S.W.I/4 OF THE N.W. 1/4 OF SAID SEC,TION
32', -LESS THE 'tv EST 4C.,:C' F.:..::.T r-OH r~CA[;_
S:JBJECT fO A ;JTlllTY EASEMENT [;ESCRIBED AS FOllOWS,
A 30.00 foot and 60.00 foot Ea~ement described as:
ExHialT A
T bat: p 11 r t of the N 1 / 2 0 f the S \~ l/l, and S W f i V e a c reg 0 f the
SW 1/4 of the rn~ 1/4, legs road rlghts-of-~ay, lying and being
in Section 32, Township 22 South, Range 28 Eas~, described as
follows:
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From the Hast 1/4 corner of Section 32, Township 22 South,
Range 28 Enst, Orange County, Florida;. run thence N 00 Oeg._20'
.',8" W along the West line of the Northwest 1/4 of said Section
32 a distance of 167.60 f~et to the beginning of a 30.00 foot
right-of-way and to the North line of the South five acres of
the Southwest 1/4 of the Northwest 1/4 of said Section 'j2 and
for a Point of Beginning; thence along said North line N 89
D e g. 5 S I 2 2 II E a distance of 1 1l. 2 . 9 7 feet to a point of
termination of the 30.00 .foot right-of-way and beginning of the
60.00 foot right-of-way; thence S 5S Deg. 34' 38" E a distance
of 217.03 feet to the East line of the Southwest 1/4 of the
Northwest l/l, of said Section 32; thence S 00 Deg. 20' l,9" E a
distance of l,4.55 feet to the Northeast corner of the Northwest
1/4 of the Southwest 1/4 of said Section 32 and to a point of
termination of the 60.00 foot right-of-way and beginning of the
30 . 00 foot rig h t - 0 f - way; the n c e N !3 9 De g. 5 5' 0 J" E a d'i s tan c e
of 1321.25 feet to the Northeast corner of the Southwest 1/4 of
said Section 32; thence S 00 Deg. 20' 1,9" E along the East line
of said Southwest 1/4 a distance of 30.00 feet; thence S 89
Deg. 55' 03" 1..J a distance of 1319.06 feet. to a point of
termination of the 30..00 foot right-of-way and beginning of the
60.00 foot right-of-way; thence N SS Deg. 31.' 38" W a distance
of 295.69 feet to a point of termination of the 60.00 foot
right-of-way and b~ginning of the 30.00 foot right-of-way;
thence S 89 Deg. 55' 22" W a ~listance of 1030.5/~ feet to the
West line of the Northwest 1'/l, of said Section 32; thence N 00
D e g. 2 0' l, 8" Wad i 9 tan ceo f J 0 . 0 0 fee t tot h e Pot n t 0 f
Beginning. Contains 88,289 square feet or 2.027 acres, more or
less.
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All thost\ portions of tho Wost 45.00 feet of tho Northwest
Qu:\rter ot the Southwest Qutlrtel:', nod of tho West 45.00 feot of
the South five acres of the Southwe!it QU3rter of the Northwest
Q\I:trter of Section 32, Township 27. South, R:tnge 28 East, in th~
County of Orange, State of Florida, lying between the South
line of the Horth 30.00 feet of 9aid South five acres of the
Southwest Quarter of the Northwest Quarter, and the South line
.Of the North 50.00 feet of said Northwest Quarter of till!
Southwest Quarter.
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Ordinance 90-45
Plans attached; they will be scanned at a later date.
4It /swm 11/26/08
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