HomeMy WebLinkAboutOrdinance 2000-14
ORDINANCE NO. 2000-14
CASE NO. AR-99-11-01: WELLINGTON PLACE
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 13.98 ACRES
LOCATED SOUTH OF A. D. MIMS ROAD, EAST OF JOHIO SHORES 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-1AA, 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-1AA, 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 '7rH- day of ~ Pi IU.H
,2000.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
52
S. SCOTT VANDERGRIFT,
(SEAL)
ADVERTISED: FEBRUARY 24, 2000
READ FIRST TIME: FEBRUARY 15, 2000
READ SECOND TIME AND ADOPTED:
M~FL~" 'l,l..OO()
UNDER AGENDA ITEM NO. TI E. S" h
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPfUtVED AS TO ~~:ND LEGALITY
this -) day of , 2000.
::LEYV:;;~~
City Attorney
O:\KMCGINNISIALL_DA TAIANX-REZlACTIVE\NEW AX-IZlSTUDER\DRAFTORDRZ.DOC
EXHIBIT "A"
SKETCH OF DESCRIPTION
LAND DESCRIPTION
COMMENCE AT THE NORTHWEST CORNER OF THE sWl/4 OF SECTION la, TOWNSHIP 22 SOUTH. RANGE 28 EAST; THENCE
SOO"OO'OO"W ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION la, A DISTANCE OF 61.24 FEET; THENCE
N89"39'02"E, 30.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS S13'59'19"E),
SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF JOHIO SHORES ROAD AND BEING THE POINT OF
BEGINNING; THENCE EASTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND THE SOUTH RIGHT-OF-WAY OF
A.D. MIMS ROAD (PER OR BOOK 1160, PG 611), BEING CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1107.65 FEET,
. r:ENTRAL ANGLE OF 13'38'17", AN ARC DISTANCE OF 263.65 FEET; THENCE N89'39'02"E ALONG TIlE soum RIGHT-OF-'WAY LINE OF
MIMS ROAD, 707.87 FEET; THENCE S 00'07'39" W ALONG A LINE 330.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE
THE Nl/2 OF THE NWl/4 OF THE SW1/4 OF SAID SECTION 10, A DISTANCE OF 632.16 FEET; THENCE S89"41'25"W ALONG
THE SOUTH LINE OF THE N1/2 OF THE NWl/4 OF THE sWl/4 OF SAID SECTION la, A DISTANCE OF 967.44 FEn; THENCE
NOO'OO'OO"E ALONG SAID EAST RIGHT-OF-WAY LINE OF JOHIO SHORES ROAD, 600.24 FEET TO THE POINT OF
BEGINNING. CONTAINING 13.980 ACRES, MORE OR LESS.
MIMS ROAD
RIGHT-OF-WAY
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707 87' 50U111 RIGlIT-Of-WAY LINE
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SKETCH OF DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
1. THE SURVEYOR HAS NOT AaSTRACTED TilE
LAND SHOWN HEREON FOR EA~EMPnS. RIGHT
OF WAY, RESTR,CTlONS OF tlECO(l1) 'MlICH
MAY AFFECT i"ilE TollE Oil USE OF TIlE LAND
2. NO UN()ERGIWUND iOAPR'JVEMENTS HAVE BEEN
LOCATED EXCEPT AS ~glv.N.
3. NOT V>.UD \\llHOl!T 1HE S1::t!AT1!D( A'm 1HE ORIl)NAl
RAISED SEAL or A FLORiDA lICEN~fD S\;a'lt VOR
AND MAPPER.
4. THE RIGHT-Of-WAY FOR JeHIO SHaRES ROAD
IS P~ESU;lE.!) TI) BE JIl FEn.
I AMERICAN SURVEYING & MAPPI!iQ.j
I',"Qn~lrA.nnN or AUTHORI7AllON NUMBER lBI6J9J I' {)() fI /~ A
11/10/99
CADD FILE: E: \ACAD\PROJ\ADMrMS\250B7LD.DWG
BEARINGS SHOv.N HEREON ARE BASED ON THE
WEST LINE OF THE SOUTHWEST 1/4 OF SECTlON
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DAm 11/4/99 REVISED:
SCAI.[:. ,. = 200'
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