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Home My WebLink AboutOrdinance 2001-21 ORDINANCE NO. 2001-21 CASE NO. AR-2000-11-01: CENTER LAKE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT, TO OCOEE R-1AA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 38.62 ACRES LOCATED NORTH OF CLARCONA-OCOEE ROAD AND EAST OF HOBSON ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of 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 (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 to rezone and establish an initial zoning classification for said real property of Ocoee, R-1AA, Single Family Dwelling District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning requested 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(8) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "R-1 AA, Single Family Dwelling District" as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 13.98 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County A-1, Citrus Rural District" to "Ocoee, R-1 AA, Single Family Dwelling District: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 5. OFFICIAL 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 Initial Zoning 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 6. INCONSISTENT ORDINANCES. 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this 2\ ST day of _J\UGUSY ,2001. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED: AUGUST 9, 2001 and READ FIRST TIME: AUGUST 7,2001 READ SECOND TIME AND ADOPTED: AuGUST 2.1) !l.('J^1 UNDER AGENDA ITEM NO. VT A. 2. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APP$YED AS TO FS?R,M ANp LEGALITY this day of ~ J~ C ,2001. FOLEV&r.DI;t:: ./J. J J /) By: ~ I~ City Attorney O:\KMCGINNISIALL_DA T AIANX-REZlACTIVElCENTER LAKElDRAFTORDRZ.DOC EXHIBIT "A" THE PROPERTY OVERALL BOUNDARY DESCRIPTION That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida described as follows: Begin at the Southwest comer of the Southeast 1/4 of aforesaid Section 33; thence North 000 OS' 11" East along the West line of the Southeast 1/4 pfSection 33 for 594.20 feet to a point lying 815.00 feet Southerly of the Northwest comer of the Southwest 1/4, ofthe Southeast 1/4 of Section 33, said point also being the Northwest comer of Parcel No.2 described in Exhibit A, Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence North 6r 40' 37" East along the northerly boundary of said Parcel No.2 for 32.46 feet to the East line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33; thence North 000 OS' 11" East along said East line for 787.49 feet to the South line ofthe North 15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of-way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat Book 3, Page 9 of the Public Records of Orange County, Florida; thence South 89039' 15" east along said South line and southerly rights-of- way line of Trout Lake Road for 1296.90 feet to the East line of the Southviest 1/4 of the Southeast 1/4 of Section 33; thence South 000 1 A' 58" West along said East line for 182.76 feet to the Northerly boundary of the West Orange Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence along the northerly boundary of the West Orange Trail as described in Parcel 125A, Official Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004, Page 3955 of the Public Records of Orange County, Florida the following courses: run Southwesterly along the arc of a circular curve concave Southeasterly having a radius of 13 03 .24 feet a chord bearing of South 330 DO' 22" West and a central angle of23 045' 14" for 540.30 feet to the Point of Tangency; thence South 210 07' 45" West for 175.70 feet to a Point of Curvature with a circular curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius of2834.79 and a central angle of 090 12' 52" for 455.90 feet; thence South 59039' 23" East along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and being concentric with the previous described curve; thence Southwesterly along the arc of said curve having a radius of 2839.79 and a central angle of 040 12' 08" for 208.28,feet to the Point of Tangency; thence South 340 32' 45" West for 290.02 feet with a Point of Curvature of a circular curve concave Northwesterly having a radius of 1612.02 and a central angle of250 26' 33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4; thence departing aforesaid Northerly boundary of the West Orange Trail run North 01 0 27' 08" East along said West line for 719.69 feet to the Point of Beginning. 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