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HomeMy WebLinkAboutOrdinance 2000-15 ORDINANCE NO. 2000-15 CASE NO. RZ-99-09-01: HEIDRICH RANCH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE A-1, GENERAL AGRICULTURAL DISTRICT, TO OCOEE R-1AAA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.56 ACRES LOCATED WEST OF INGRAM ROAD, NORTHWEST OF OCOEE CLARCONA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE; 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"), annexed into the corporate limits of the City of Ocoee, Florida on December 15, 1992, certain real property described in Ordinance 92-48 and 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 said real property to Ocoee, R-1AAA, Single Family Dwelling District; and WHEREAS, pursuant to Section 5-9(B) 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 Rezoning 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, 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 Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan 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-1AAA, Single Family Dwelling District" 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, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Rezoning 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, REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 20.56 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Ocoee A-1, General Agricultural District" to "Ocoee, R-1AAA, 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 CONSISTENCY. The Ocoee City Commission hereby finds the rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. 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 Rezoning amendment 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 1 T/lo day of _l'f\ f"l ~t..~ ,2000. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA S~ d~/ S. SCOTT VANDERGRIFT, M OR ADVERTISED: FEBRUARY 24, 2000 READ FIRST TIME: FEBRUARY 15, 2000 READ SECOND TIME AND ADOPTED: f'l\flI.IH..\.( """1 10l>~ UNDER AGENDA ITEM NO. "TI E u, THE CITY OF OCOEE, FLORIDA. APPROVED AS TO ~~LEGALlTY this I day of. . , 2000. FOLEY & LARDNER ~~~ By: City Attorney O:\KMCGINNISIAlL_DA T AIANX-REZlACTIVE\HEIDRICH RANCHRZ-R-1AA\DRAFTORDRZ.DOC POINT OF COMMENCEMENT NORTHWEST CORNER POINT OF NORTHEAST 1/4. BEGINNING NORTHEAST 1/4, SECTION 5-22-28 L R _ 150.00 :=~.--: :,--- ~ - 10-16'33" 0<0 ~'" L - 26.90 g CB = N 43"16'27" W en ~ - m ~ ..-- I "" to l:I ...- J. m z 1tc9_ 0 F ~1t, u 1JI .. 1tO'.. :::- 3 jE '" 0 z ;:( ~ ~ jE .. '" 0 0 z 0 LO hI z ~ :J ...- ~ :5 0 n.. " f- a 0 0 z (f) S 89-58'10" E 50.00' ~ NOfHl1ERN MOST LINE LESS PARCEL DESCRIBED 3:: IN ORB 488J, PGS. 4776 '" 4777 b- 1000 _ n 000 - 10 on o (f) / S 44-27'43" E 53.50' A LEGAL DESCRIPll0N ALL lHAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SEC110N 5, TOWNSHIP 22 SOUTH, 'RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTHWEST OF THE' SOUlHWEST RIGHT OF WAY LINE OF INGRAM ROAD, BEING LESS AND EXCEPT lHOSE PARCELS DEEDED TO ORANGE COUNTY IN omCIAL RECORDS BOOK 4556 PAGE 509 AND OFFICIAL RECORDS BOOK 4683 PAGE ...776 QF 1HE PU8L1C RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE 5 00101'50. W ALONG THE WEST LINE OF THE NORlHEAST 1/.... OF lHE NORTHEAST 1/4 OF SAID SECTION S. A DISTANCE OF 36.88 FEET TO 1HE POINT OF BEGINNING; THENCE CDNl1NUE ALONG SAID WEST LINE S 00101'50. W, A OISTANCE OF 916.19 FEET TO A POINT ON THE NORTHERN MOST LINE OF LESS PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4683, PAGES 4776 lit 4777: THENCE DEPARTING SAID WEST LINE RUN THE FOLLOWING COURSES ALONG AFOREMEN110NED LESS PARCEL 5 89158'10" E, ^ DISTANCE OF 50.00 FEET: THENCE S 00101'50" W, A DISTANCE OF 358.38 FEET: lHENCE S 4...127'43. E, A DISTANCE OF 53.50 FEET: lHENCE S 88?57'16" E, A DISTANCE OF 679.94 FEET TO A POINT ON THE FORMER NORTHERLY RIGHT OF WAY LINE OF CSX ffiANSPORTATlON RAILROAD CORRIDOR; THENCE N 71131'00" E ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 553.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INGRAM ROAD: THENCE N 48124'40. W ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 1702.58 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE NORlHEASTERLY. HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING OF N 43116'27" W; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 26.90 FEET lHROUGH A CENTRAL ANGLE OF 10116'33" TO THE POINT OF BEGINNING. o~ i<)c>. ~ '-1( ~ 6'0" Q~ ~C'Q1}Q Af~ ~OtS'~l' ~ <9. 0,.(' 'rO 001-1t:, '-1/\ d',r v l5'& ,()r- 0' ---t? ",() -1Q~ 7~ :.? )' ~f.. of cft_",,,'1~{O.\Qf1il. 6 '( ~\~t\\,l\Op.l) C c:.,c:,7>.1 "f1il.~""O" ~ fQl\\A~"\1l.""S\'f1il. ,'t. f 'II"'! ~ -"'!J ".' 00 ~Q V.\G~'" 0 ~ l' ,,<a~'iPf. S 88-57'16" E 679.94' r,(ETCH OF DESCRIPll0N ONLY NOT A BOUNDARY SURVEY BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT OF WAY LINE OF INGRAM ROAD, HAVING A BEARING OF N 48.2...'40. W PER DEED. DATE: 1/25/00 SCALE: 1" = 200' APPROVED BY: BAM JOB NO. 12311500 DRAWN BY: JLH REVISED: NORTH AVENUE (NOT OPEN) 1. THE SURVEYOR HAS NOT ABSffiACTED THE LAND SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RESTRIC110NS OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF THE LAND 2. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED, EXCEPT AS SHOWN. 3. NOT VAUD WITHOUT THE SIGNATURE AND lHE ORIGINAL RAISED SEAL" A FLORIDA UCENSED SURVEYOR AND MAPPER. I AMERICAN SURVEYING &; MAPPING I CERTlACATION OF AUTHORIZATION NUMBER L8,6J9J EAST SOUlH smEET SUITE 180 ORLANDO, FLORIDA J2801 (407) 428-7979 .()O DATE Q o , III o 0:: III c: o (..) ... 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