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Home My WebLink AboutOrdinance 2004-03 ORDINANCE NO. 2004-03 TAX PARCEL ID #s 32-21-28-0000-00-006 (Lake Tracy LLC) 32-21-28-0000-00-011 (MCO Industries Inc.) CASE NO. AR-03-12-13: INGRAM ESTATES REZONING (Lake Tracy LLC and MCO Industries Inc.) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "CITRUS RURAL DISTRICT" TO OCOEE R-I-AA, "SINGLE FAMILY DWELLING DISTRICT," ON CERTAIN REAL PROPERTY CONT AINING APPROXIMATELY 33.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING 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 33.48 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "Citrus Rural District", to Ocoee R-1-AA, "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 required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 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 March 9, 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 006.325696.1 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 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 April 6, 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. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 33.48 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "Citrus Rural District," To Ocoee R-1-AA, "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. ZONING 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. 006.325696.1 2 006.325696.1 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 3 PASSED AND ADOPTED this ~ 11 day of Ji P Rll... ATTEST: Jean (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This <C ~ day of Pr74t.. , 2004. FOLEY & LARDNER LLP By: F~ As '$\,' 1. Attome(::) '",..,.,-,..,.~..",,_..-~''' 006.325696.1 , 2004. APPROVED: CITY OF OCOEE, FLORIDA 3~d4 S. Scott Vandergrift, Mayor ADVERTISED ""-M.,cH U ,2004 READ FIRST TIME MM.c,tllf, ,2004. READ SECOND TIME AND ADOPTED APRIL. L J )...00,", , 2004. Under Agenda Item No. "LA. l.s... 4 EXHIBIT "A" Legal Descriptions MCO INDUSTRIES PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89057'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00043'05" EAST, 331.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89056'02" WEST, 628.92 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89052'54" EAST, ALONG SAID LINE 629.15 FEET; THENCE SOUTH 00043'05" WEST, 331.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. LAKE TRACY PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89057'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00043'05" EAST, 662.32 FEET; THENCE NORTH 89052'54" WEST, 629.15 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 631.95 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MCCORMICK ROAD; THENCE SOUTH 89049'53" EAST, ALONG SAID LINE, 1160.31 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 5759.58, A DELTA OF 1016'57", AN ARCH DISTANCE OF 128.93 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 00045'35" WEST, ALONG SAID LINE 1293.75 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 28.69 ACRES. 006.325696.1 5 EXHIBIT "B" Area of Rezoning Ingram Estates Location Map I McCormick Road Lake Tracy LLC "C co 0 0::: E MCa co Industries ~ C) r:: - Gilliam Trust e 006.325696.1 6