The URL can be used to link to this page

Home My WebLink AboutOrdinance 2004-10 ORDINANCE NO. 2004-10 TAX PARCEL ID #: 05-22-28-0000-00-013 CASE NO. RZ-04-03-17: Ingram-Heidrich Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE WNING CLASSIFICATION FROM OCOEE R-1AAA, SINGLE FAMILY DWELLING DISTRICT, TO OCOEE R-1AA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.482 ACRES LOCATED AT THE NORTHWEST CORNER OF THE CLARCONA OCOEE ROAD AND INGRAM ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH WNING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY WNING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 20.482 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee R-lAAA, Single Family Dwelling District, to Ocoee R-lAA, Single-Family Dwelling District; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application 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, on May 11, 2004 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the ORDINANCE NO Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on June 15, 2004 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning 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. AUTHORITY. The Ocoee City Commission 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. REWNING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 20.482 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R- lAAA, Single Family Dwelling District, To Ocoee R-lAA, Single Family Dwelling District. A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. WNING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning 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 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. 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 take effect immediately upon passage and adoption. ORDINANCE NO 2 ,..:rL ~ PASSED AND ADOPTED this ~ day of -.J l( P 6 , 2004. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO :fORM AND ~GALITY This JL day of (j L{t\( , 2004. FOLEY t9LA",NER LLP J By: lJ! ~ City Attorney ORDINANCE NO APPROVED: CITY OF OCOEE, FLORIDA ~;' <C'\_~_ / [ c-:;) ..::J..../vlJ LA;-l S. Scott Vandergrift, Mayor ADVERTISED :r~ Al6 3 , 2004 READ FIRST TIME !(JAJ& I ,2004. READ SECOND TIME AND ADOPTED r UlJc IS- ,2004. Under Agenda Item No. V,. A. ,. 3 EXHffiIT "A" LEGAL DESCRIPTION (as provided by client ): PARCEL 1 ALL THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTHWEST OF THE SOUTHWEST RIGHT OF WAY LINE OF INGRAM ROAD. SUBJECT TO THE RIGHT OF WAY OF CLARCONA-OCOEE ROAD. LESS AND EXCEPT: PARCEL 2 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N 86057'17" W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 693.25 FEET TO THE FORMER NORTHERLY RIGHT-OF-WAY LINE OF THE ABANDONED CSX TRANSPORTATION RAILROAD CORRIDOR (AS DEPICTED ON RIGHT-OF-WAY AND TRACK MAP SECTION V12 FLA, SHEET 5); THENCE RUN N 73031'29" E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 703.26 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INGRAM ROAD (60 FOOT RIGHT-OF- WAY); THENCE RUN S 46024'38" E ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE 37.60 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S 02032'39" W ALONG SAID EAST LINE, A DISTANCE OF 210.56 FEET TO THE POINT OF BEGINNING. SUBJECT TO THE RIGHT- OF- WAY OF CLARCONA-OCOEE ROAD. LESS AND EXCEPT PARCEL 3 A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE S 02033'12" E ALONG THE EAST LINE OF SAID SECTION 5, A DISTANCE OF 1366.74 FEET; THENCE N 86057'33" W ALONG THE SOUTH LINE OF THE NE 1/4 OF THE NE 1/4 OF ORDINANCE NO 4 SAID SECTION 5, A DISTANCE OF 1319.0 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 5, SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE N 02001'34" E ALONG SAID WEST LINE, A DISTANCE OF 445.00 FEET; THENCE S 87058'26" E, A DISTANCE OF 50.0 FEET; THENCE S 02001'34" W, A DISTANCE OF 358.4 FEET; THENCE S 42027'59" E, A DISTANCE OF 53.5 FEET; THENCE S 86057'33" E, A DISTANCE OF 680.1 FEET; THENCE S 73031'29" W, A DISTANCE OF 149.7 FEET TO A POINT ON THE SAID SOUTH LINE; THENCE N 86057'33" W ALONG SAID SOUTH LINE, A DISTANCE OF 625.6 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT PARCEL 4 A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTHWEST OF THE SOUTHWEST RIGHT -OF- WAY LINE OF INGRAM ROAD AND WEST OF WEST RIGHT -OF- WAY LINE OF CLARCONA-OCOEE ROAD, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE RUN SOUTH 02035'53" WEST, A DISTANCE OF 1152.28 FEET; THENCE RUN NORTH 46023'58" WEST, A DISTANCE OF 53.81 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 73031'29" WEST, A DISTANCE OF 88.16 FEET TO THE POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1701.20 FEET, A CENTRAL ANGLE OF 01019'56", AN ARC LENGTH OF 39.56 FEET, AND A CHORD BEARING OF NORTH 59001'21" EAST TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 466.00 FEET, A CENTRAL ANGLE OF 17001'17", AND ARC LENGTH OF 138.43 FEET, AND A CHORD BEARING OF NORTH 32035'57" WEST; THENCE RUN NORTH 48053'24" EAST, A DISTANCE OF 5.41 FEET; THENCE RUN SOUTH 46023'58" EAST, A DISTANCE OF 166.91 FEET TO THE POINT OF BEGINNING. CONTAINS 20.482 ACRES MORE OR LESS. ORDINANCE NO 5 F.XHIRIT "8" Ingram-Hied rich Location Map I Is t!i-NN/lMi;QJ;TREE{ ljJ r-~-'~~'n' ~ '~-'~'~I---T - ,It t'[ I' j t rl ~ t I I I C~--=S-" : I ......~_. I I -~--T LAKE SIMS I ---f- l",_~ ~'. _ ____~-~ "~ I / I ~~9A // I ~~~ / I ~~~ ! '~~-I ~q! ~ "~. ,_~~:::D-~n' '-!-'_!.' , '=~'-:==::--=:~r- ~ , . , , ",~:::",-:,>u--n-a'lbcoee Road , I r- ~---u~-:_:7""__-_~ c\arCO ' 11--,-, _/ -:;.>:::;:"'::::, -:- d;: ,__~: I [:../-- .---' ...-/:.../: ~ ~.:--~- ,r, ---:..',,lY-- I I I i -----;, .J ;::; -~:::;::;>:- /<;, G --:bd,=: ' I /_;-.:-_)c>;/u L----;-:>--~ "HA..:m!..SI ';~~--;"r,"- /.:;::;, -~- f' il~l ~~ I ;-<---I,~;~-;-l' Y-;'---:- ~ ~-..:-. - j >'H.., = :kEa I IL,~, ,I "n ~--.lJ....Lt' :l~_= 'lrr~=~t{~~!__ ',.!TU~ --T----... ,', ~, : I~~ ,~---jl I L ---- Ii [1- w' ~... -~ I b-..::;:;::=c -, ~--,-~I..L- .~J 'I I " ---LC'''''- L- ~ &~, ~::---l-T-l-r-:=---J ,L, VlA;gr }I I i '1,_1 1-I,qr~A'KAb~ 1-1 T"i-r' .T\ j . _ LAKE MEAD I ORDINANCE NO 6