HomeMy WebLinkAboutOrdinance 2000-02
ORDINANCE NO. 00-02
CASE NO. AR-99-09-01: CLARKE ROAD POND
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 1.37 ACRES
LOCATED ON THE EAST SIDE OF CLARKE ROAD, APPROXIMATELY 200
FEET SOUTH OF THE INTERSECTION OF CLARKE AND OCOEE-CLARCONA
ROADS, PURSUANT TO THE REQUEST SUBMITTED BY THE PROPERTY
OWNER; 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 City of Ocoee as the property owner (the "Applicant") of certain real
property located within the corporate limits of the City of Ocoee, Florida, as hereinafter
described, has requested that the City Commission 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 1.37 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 If"J,l day of rAN UA A. Y ,2000.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
~I}^l'~ ~lt~
JEAN GRAFTON, CITY CLERK
MI\~J:""N GR..nNi I\C'T:J:N(;,
(SEAL)
S~
S. SCOTT VANDERGRIFT, MA
ADVERTISED: JANUARY 6, 2000
READ FIRST TIME: JANUARY 4, 2000
READ SECOND TIME AND ADOPTED:
JANI..lP.A.V 19 .2. t}() 0
UNDER AGENDA I1EM NO. vr A 2
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPR9XED AS TO ..EQRM AND LEGALITY
this -lK-- day of ,,--161\ ~o.f7 ,2000.
::LElri~E~
City Attorney
\IPOLICE_FIRE1 IPLANNINGIKMCGINNISIALL_DA TAIANX-REZlACTIVEIGLENNFINNAN\DRAFTORDRZ.DOC
EXHIBIT "A"
Legal Description
LEGAl DESCRIPTION
REMAINDER
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A PARCEL 0;: lAND BWIG A PORTION 0;: THE SOL1THVEfST ou....RTER OF THE /lonTH",^"T
OUARTER OF THE NORTHEAST OUARTER OF SECTIO/I (, Tn, .~:">iIP 22. SOUTH. RM/GC ~8
EAST BEII'G MORE PARTlCV\..ARL Y DESCRIBED AS FOLLOWS:
COIM..lENCE AT THE SOUTHWEST CORIIER OF seCTIO'J 21, TOWNSHIP 22
SOUTH, FLANGE 28 EAST FOR A POINT OF REFEMEIICE. THEIICe. ':'LOI;::; TI;;:
SOUTH LINE OF THE SOL1THWeST OUARTER OF S....,.O seCTION 2 I, RUf; NORTH
89'50'17" EAST, IS32.88 FEEl; THE/ICE. DEPARTING SAIO S(1)TH LINE, RU',
NORTH 00'11'19: W"EST, 1250.07 FEET TO THE POIr-;T OF CUF,";'.TU"~ OF ^
Cu?VE CONCAVe' SOUTHEASTERl Y; THENCE RUN "("RTHEASHi)~ v, ALO';c.
',...i;". t"...v: h" ::N(". A r.;...D,US ...Er,'Gi.-1 C:o= !;.. 1 0';:' .:..~'r.;" ':::."'. '. L..nUl't
OF (1'0'09', A~J A?C LE/IGTH OF 903.62 FEET, J. CH~p.:> LEIJGTH ~,' Ce3.79
FEEl A/IO A CHORD eEM'.ING OF HORTH 20'40'IS" EAST TO TH(I-'OlrH OF
TANGENCY; THENCE R'J/I NORTH (I'JI'50' (AST, 591.82 Fhr 10 rHE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE ~~,.;
/IORTHEASTERLY. ALO.'IG S"-IO CU.:WE, H....Vlr'G A R.:.OIIJS LENG.H OF 12(1.00
FEEl. A CENTRAL A!/GlE 0;: 0'20'59', Ar~ ARC LE'/GTH OF 82561 FEET, A
CHORa LENGTH OF 876.30 FEEl A.'I'J A CHORD 9E.I-..''.I/'G OF NO?.H 20'~1'20'
EAST TO THE POI.",T OF TANGE/ICY; THENCE R'J.'/ NORTH 00'10'51' EAST,
5701.93 FEET TO THE POINT 0;: CURVATURE OF A CURvE COIlC:.VE TO THE
SOUTHEAST; THEr;CE p,u', NORTHEAST:.RLY, AlO'.:; S-'-IO CU?\'E, HA\'lrJG A
P.AOIUS LEII(;TH OF 19~9.SS FEET. A CEr;TRAL AN:".E OF 4~' 12'49'. A/; A~C
Ltr;(,TH OF 1507.12 FEET. A CHO.?Q LENGTH OF 1~53.31 .EET A/;O A CHORO
9::;"P':.'IG OF UOF,.H 22'(7'15" EJ.ST TO THE POi';, (IF TAUGEt.::Y; THENCE
p.'J,'; tlO;;TH (S' 23'3,," EAST, A O!STA/KE OF Joe, 01 FE:T T(o TH: POII.;T OF
CURVATURE 0;: A CURVE cm/CA vE TO TH:: "C:RTH\'..EST; THENCE RUN
NORTHEASTERLY, A~O.',G SAID CUR','E, HJ..\'HIG A F..:.OIUS LEIIG.H OF 1909.8S
FEEl, A CE./HHAL A/IGlE OF SO'OI'02", AN ARC LENGTH OF 20o-:U5 HET.
A CHOP.O LENGTH OF 1910.35 FEEl A/m A CH:)~C) BE':'fW:G OF .'iORTH
IS'23'OS" EAST TO THE POI/,T OF TANGENCY; THEI,CE RUI, tlORTH 1~'
37'23' WEST, A OIS.AIICE OF 720.C-o FEEl TO THE f'OI.'Ii' OF CURVATU.'lE OF
A CURVE CONCAVE TO THE EAST; THENCE RU" r 10RTHER" Y. ALOI.G SAle
CU?"!E, HAVII/G A P.AC):US LENGTH OF 327(.0( FEET, A CErn;::,AL ANGl~ OF
17'00'08', AN ARC LENGTH OF e71.~6 FEET, A CHOMe' LEIIGTH OF 96€.0;,j.
FEET AND A CHORD SEARI/IG OF IWRTH 06'07'IS' w;::T TO THE 1'01:.. C,o
TAI;GENCY; THENCE AUN NORTH 02'22'45" EAST, A D!STAI/CE OF 239.98
FEET TO THE ?OI:~T Q.: CU,?VATU?E OF A CURVE COII,:"vE TO THE WEST;
THUICE HUN NO;:;THERlY, ALO/IG St..ID CURVE. H':'\'I.'::; I. !':':'OIUS LE!'vTl-i OF
327~.04 FEET, A CErlTRAL M,SL, 0;: 21'09':16-, :'~I AR:: LENGTH OF 120914
FEEl, A CHORD LE.'-.:(jTH OF 12('2 2E FEET AND A Crl:'RO SE';PI:~(j OF NORTH
08'12'03" WEST TO THE POlr;T OF TANG;:IICY; THEliCE ;:lU/I NORTH
1e'~5'SI" WEST, I- c-:STA/ICE CF 23S!.'E FEET TO :"!: "':"", ('< Cl'''VATVRE
OF A CURVE CONC':'\': TO THE NO;:;TH,,;.ST; THEI,C:: AU:' 110F.TH.....eSTEAl Y.
ALOr>G SAID CURVE. HAVING A F.ADIUS LEf/GTH 0;: 327(.05 FEET, A G/;TP.AL
ANGLE OF 19'5S'S!!". AN ARC LE/,GTH OF 1139 es FEn. A CHORD LENGiH
OF 1134.21 FEEl AND A CHORO SEARING OF NOf;TH Osc~S'22" WEST TO THE
POI......T OF TANGENCY; THENCE RU,''; i~ORTH 01.; C'Oi' EA$ i. :11 noe r~n TO
THE POINT OF BEGIN/i1NG, SAIO POII'IT LYING or.; A NON.TA/IGH;T CURvE
CONCAVE soun-r'NESTERLY; THENCE RUN NORTHWESTERLY ALO/JG SAID
CURVE, HAVING A RADIUS LENGTH OF 1959.B5 FEET, A CE/HP.AL AtlGLE OF
11'37'22", AN ARC LENGTH OF 397.57 FEET. A CHO'lO LENGTH OF 39S.B8
FEEl AND A CHORD BEARING OF NORTH 17'37'25- WEST TO THE POINT OF
TANGENCY; THENCE AUN NORTH 23'2S'OS" WEST, 234.e2 FEET TO A POINT
LYIIJG ON TrlE NORTH LINE OF THE SOUTHWEST OUAP.1ER OF THE NOFlTH,
WEST QUARTER OF THE NORTHEAST QUARTER OF S;"IO SECTION 4; THENCE
RUN NORTH 89'50'45" EAST, ALONG SAID NORTH lI/IE, 22565 FEET TO THE
NORTHEAST CORNER OF THE'SOUTHWEST OUARTER OF THE NORTHWEST
OUARTER QF THE NORTHEAST OUARTER OF SAID SECTION 4; THENCE RUN
SOUTH 01.10'07" WEST, ALorIG'THE EAST LINE OF SAID SOUTHWEST
OUARTER OF THE HORTH'NEST QUARTER OF THE /IORTHEAST OUARTER OF
SECTION 4, :. 594.44 FEET TO THE POI/IT 0: E:EGI:Hl!tJG.
THE ABOVE OESCR~BEV STRIP OF LAND LIES IN ORANGE COU/,TV. FLORIDA AIIO CONTJI/I:)
1.370 ACRES. MORE OR LESS,
EXHIBIT liB"
Location Map
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CITY OF OCOEE, FLORIDA
CLARKE' ROAD POND
ANNEXATION
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LEGEND
N City Limits
D City Property
~ Subject Property
D County Property
N
W+E
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