HomeMy WebLinkAboutOrdinance 2000-12
ORDINANCE NO. 2000-12
CASE NO. AR-99-11-03: SCOTT
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 30 ACRES
LOCATED ON THE SOUTH SIDE OF OCOEE-CLARCONA ROAD,
APPROXIMATELY 1,200 FEET EAST OF CLARKE 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-1M, 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-1M, 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 30 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-1M, 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 t'} T~ day of t-I\ ~ ~:U:. k-\
,2000.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
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OF GOoQ
FOR USE AND RELIANCE 0 BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO ~ .AND LEGALITY
this <") day of ~ ,2000.
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S. SCOTT VANDERGRIFT, M
ADVERTISED: FEBRUARY 24, 2000
READ FIRST TIME: FEBRUARY 15, 2000
READ SECOND TIME AND ADOPTED:
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UNDER AGENDA ITEM NO. YI:. E: L+ b
::LEY&p:j;R ~
City Attorney
\\POLlCE_FIRE1\PLANNINGIKMCGINNISIALL_DA T AIANX-REZlACTIVEINEW AX-IZ\SCOTT\DRAFTORDRZ.DOC
Robert M. Scott, Sr. & Vera Scott
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ORLANDO. FL 32807
(407) 277-3232
FAX. (407) 658-1436
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NOTES: 1. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY
THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61017.6 FLORIDA ADMINISTRATIVE CODE PURSUANT
TO SECTION .(72..(127, FLORIQA STATUTES.
2. UNLESS EMOOSSED WITH SURVEYOR'S SEAL, THIS SURVEY IS NOT VAllO AND IS PRESENTED FOR INFORMATIONAL
PURPOSES ONLY,
3. THIS SURVEY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THE SURVEYOR. THERE MAY BE OTHER RESTRICTIONS
OR EASEMENTS THAT AfFECT THIS PROPERTY.
.(. NO UNDERGROUNO IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
5. THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT DE RELIED UPON BY ANY
OTHER ENTITY.
Ii. DIMENSION~ SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT DE USED TO RECONSTRUCT
BOUNDARY LINES.
7. DEARINGS ARE BASED ON ASSUMED OArUM A..'IOON THE LINE SHOWN AS BASE DEARING (O.B.)
6. elEVATIONS, IF SHOWN. ARE BASED ON NATIONAl GEOOETlC VERTICAL DATUM OF 1929. UNLESS OTHERWISE NOTED.
CERTIFIED BY:
SCALE I-- 1" .200--+
FIELD CAtE ORDER No.
$~.-I,.. o.{.De!"'r*...; A" a - '1'1
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ES W. SCOTT. R.L$. No. "801
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RL.S.No. 0
TOM X. GAUSENMEYER. R.LS. No. "71"
CHECKED BY:
tHISBUItDING/PROPERTY UE~tHIN
THE ESYABUSHE.!:.SPEciAl flooD. ~ AREA PER "FIRM.
DRAWN BY:
EXHIBIT · A.
-
Sheet 2 of 2
DESCRIPTION AS FURNISHED:
Thc East one-half(E \1,) of the Northeast one-fourth (NE 1/4) of the Northeast one-fourth (NE
1/4) of Section 4, Township 22 South, Rang 28 East; AND
The North 30 feet oCthe East 10 fcet of the West one-half(W \1,) of the Northeast one-fourth
(NE 1/4) of the Northeast one-fourth (NE 1/4) of Section 4, Township 22 South, Range 28 East;
AND
The East ten feet (E 10') of West one-half(W \1,) of Southeast one-fourth (SE 1/4) of Southeast
one-fourth (SE 1/4) of Section 33, Township 21 South, Range 28 East, lying South of Clarcona-
Ocoee Road, all lying and being in Orange County, Florida; AND
The West 1/4 of the NW 1/4 ofthc NW 1/4 of Section 3, Township 22 South, Range 28.East,
Orange County, Flurida.
METES AND BOUNDS DESCRIPTION:
A part of Section 33, Township 21 South, Range 28 East and Sections 3 and 4, Township 22
South, Range 28 East, Orange County, Florida being more particularly described as follows:
Begin at the Northeast corner ofScction 4, Township 22 South, Rang 28 East, Orange County,
Florida. Said corner being common to the Northwest corner of said Section 3 and the Southeast
corner of said Section 33; Thence run S 890 53' 00" E, 331.51 feet to the Northwest corner of
Tract "N", SAWMILL PHASE 111, as recorded in Plat Book 26, Pages 35 thru 38, Public
Records of Orange County, Florida and the Northeast corner of the West 1/4 of the NW 1/4 of
thc NW 1/4 of said Section 3; Thence run S 000 13' 55" W, along the West line of said
SA WMlLL PHASE 111, 1336.12 feet to the Southeast corner of the West 1/4 of the NW 1/4 of
the NW 1/4 of said Section 3; Thence run N 890 45' 20" W, along the North line of Lots 361 thru
364 of said SAWMILL PHASE 111, 332.19 feet to the SOll,heast corner of the East '12 of the NE
1/4 of the NE 1/4 of said Section 4; Thence run S 89029' 51" W, 670.10 feet to the Southwest
corner of the East \I, of the NE 1/4 oftheNE 1/4 of said Section 4; Thence run N 000 35' 41" E,
along the West line of the East y, of the NE 1/4 of the NE 1/4 of said Section 4, 1312.35 feet;
Thence run N 890 54' 37" W, 10.0 feet; Thence run N 000 35' 41" E, 30.0 feet to a point lying on
the North line of said Section 4 and the South line of said Section 33; Thence run N 000 20' 35"
E, 241.90 feet to the South right of way line of Clarcona-Ocoee Road; Thence run N 690 31' 28"
E, along the South right of way line of said Clarcona-Ocoee Road, 10.70 feet to the East line of
the West \I, of the SE 1/4 of the SE 1/4 of said Section 33; Thence run S 000 20' 35" W, 245.65
feet to the Southeast corner of the West 1/2 of the SE 1/4 of the SE 1/4 of said Section 33 and
the Northwest corner of the East y, of the NE 1/4 of the NE 1/4 of said Section 4; Thence run S
89054' 37" E, 662.23 fe~t to the Northeast corner of said Section 4 and the Point of Beginning.
Containing 30.71 Acres more or :ess.
LEGEND -
\....rtUSENMEYER-SCOTT & ASSOC:, INC. - LAND SURVEYORS
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NarES: 1. THE UNO[ASIGNED DOI;S HEREUY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH OY
THE FLOOlDA DOARD Of PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17.6FLORID.\AOMINISTRATlVE CODE PURSUANT
10 SECtiON <4n.ov. FLORIDA STATUTES.
~. UNLESS EMBOSSED WITH SURVEYOR'S SCAL. THIS SUHVl;Y IS NOT VAUO AND IS PRESENTED FOR INFORMATIONAL
PURP05l;S ONLY.
J. THIS SUHVEY WAS PREPARED FIIOM TITLE INFOAMAUON FURNISHED TO THE SURVEYOR. THERE MAY DE OTHER RESTRICTIONS
OR EASI.:MLNTS THAT AFFECT TillS PROPERTY.
4. NO UNDEI1GHOUNO WPROVEMCN1S IIAV!.; OEEN LOCATCD UNLESS OTHERWISE SHOWN.
~ THIS SUfl'./EY 1$ PHEPNI[O Fon THE SOLE DENEFIT OF IH05E CERTIFIED 10 AND SHOULD NOT UE REllCD UPON OY ANY
orHER UlTITY.
II OIMEN$IONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT DE USED 10 RECONSTRUCT
UOUNIliII\Y UNES.
7. UEARINCS ARE DASED ON ,o,sSUMED DAtUM AND ON THE LINE SHOWN,o,s IlASE DEARING (1111)
0.. ELEVATIONS-IF SHOWN, ARE BASED ON NATIONAl GEOOETIC VERTICAL DArUM OF 1929, UNLESS OTHERWISE NOTED.
FAX. (407) 658-1436
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