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Home My WebLink AboutOrdinance 99-06 ORDINANCE NO. 99-06 CASE NO. R-98-10-11: Browningl Lawrencel Beazer Homes Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM A-1, GENERAL AGRICULTURE DISTRICT, TO R-1AA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 96.32 ACRES LOCATED APPROXIMATELY 2,700 FEET NORTHEAST OF THE INTERSECTION OF MAGUIRE ROAD AND GOTHA - PARK RIDGE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; 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 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 of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property to R-1AA, Single Family Dwelling District, (the "Rezoning"); and WHEREAS, pursuant to Section 5-9(8) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code'1, the Director of Planning has reviewed said Rezoning 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 #91-28, adopted September 18,1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning 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 the 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-1AA, 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 held a de novo advertised public hearing with respect to the proposed Rezoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; 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 96.32 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "A-1, General Agriculture District" to "R-1AA, Single Family Dwelling District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of said land herein described which clearly shows the area of Rezoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 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 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. passage and adoption. Ii PASSED AND ADOPTED this ~ day of This Ordinance shall take effect immediately upon J It /JU A-IUf ,1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED DECEMBER 24, 1998 READ FIRST TIME DECEMBER 15, 1998. READ SECOND TIME AND ADOPTED ,...... ,..- ~;r PiA fl--t.-L-( ~ , 1999. Under Agenda Item No...1lJ.- A r FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO~RM AND LEGALITY this ,r- day of ,^Ju...^7' 1999. FOLEY & ~ER H By: tY~~~ City Attorney IlGis_ doc1\planningIAHORNElALL_DA TAIANX-REZlActivelBrowningBeazerRZ\BrowningRZOrd99.oo.doc TOGETHER All OF THE ABOVE DESCRIBED PARCELS ARE MORE PARTICUlARlY DESCRIBED AS; A PORTION OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST AND A PORTION OF THE NORTH 112 OF SECTION 5, TOWNSHIP 23 SOUTH, MNGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTIC.UlARl Y DESCRIBED AS FOllOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, THENCE N89.42'17"E ALONG THE SOUTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 37.08 FEET TO A POINT ON THE ARC OF A .NON-TANGENT CURVE (RADIAl LINE THROUGH SAID POINT BEARS NORTH 88.28'03' EASl); THENCE NORTHERLY AI.ONG THE ARC OF SAID NON-TANGENT CURVE, BEING CONCAVE TO THE EAST, HAVING A RADIUS OF 5718.75 FEET, A CENTRAL ANGLE OF 01"18'45', AN ARC DISTANCE OF 130.95 FEET; THENCE NORTH 00.13'12' WEST, 1200.02 FEET (THE lAST TWO (2) COURSES DESCRIBED BEING COINCIDENT WITH THE EAST ~GHT. OF.WAY OF MAGUIRE ROAD): THENCE NORTH S9.5O'10" EAST ALONG THE NORTH UNE OF THE SOUTH ONE.HALF (S 112) OF THE SOUTHWEST ONE-aUARTER (SW 1/4) OF SAID SECTION 32, A DISTANCE OF 622.72 FEET; THENCE. SOlTI'li 00"1S'37- EAST ALONG THE WEST UNE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 15.00 FEET; THENCE NS9"SO'1O"E AlONG A LINE 15.00 FEET SOUTH OF AND PARALLEL IMTH THE NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 1190.76 FEET; THENCE Soo"1S'13'E ALONG THE EAST LINE OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32. A DISTANCE OF 11S0.34 FEET; THENCE 589'42"1rw, 330.20 FEET; THENCE SOO"18'2O"E, 131.92 FEET; THENCE SOl.39'OS"E, 354.00 FEET; THENCE N89'42'17"E, 337,00 FEET: THENCE N01.39'08'W, 354.00 FEET; THENCE N89"42"17"E ALONG THE SOUTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 983.80 FEET; THENCe N89.46'01"E, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 294.93 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF GOTHA ROAD; THENCE S58"01'14'W, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE. A DISTANCE OF 351.93 FEET; THENCE Noo.S4'17"W, ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 71.60 FEET; THENCE S56.01'14'W, AlONG THE NORTHWESTERLY RIGHT OF WAY LINE OF THE ATLANTIC COASTlINE RAILROAD, A DISTANCE OF 1162.01 FEET; THENCE N01"39'08'W, 98.151 FEET; THENCE SS9"42'1rw, 337.00 FEET; THENCE S01.39'08"'E, 390.80 FEET; THENCE S58"01'l4'W, ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID GOTHA ROAD, A DISTANCE OF 439.18 FEET; THENCE SS9.S5'38'W ALONG THE SOUTH UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 5, A DISTANCE OF 1512.92 FEET; THENCE N29.06'54W 1n.72 FEET; THENCE 589.55'38'W 14.00 FEET; THENCE N23.06'22'W412.SS FEET; THENCE Sag.55'38"W 43.58 FEET; THENCE N02"23'01'W, 680.98 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG SAID CURVE. HAVING A RADIUS OF 5716.75 FEET, A CENTRAL ANGLE OF 00.51'06"', FOR AN ARC LENGTH OF 84.99 FEET TO THE POINT OF BEGINNING (THE lAST lWO (2) COURSES DESCRIBED BEING COINCIDENT WITH THE EASTERLY RIGHT -OF.WAY OF MAGUIRE ROAD). CONTAINING 96.326 ACRES, MORE OR LESS. Exhibit "A" City of Ocoee, Florida Browning/ Lawrence/ Parker/ Beazer Homes Rezoning to R-IAA :~~,,~ \ / \ - I \ ........._J , ~~. .: Q) ! "~ \.~~---~ \ .~ J ~ " "~~ .. ,ie: I !",! ", "_'.1 11Q) J~ t j. _........ " It> I I i !:-- -- ... II<( Ir---! I i' -- ,~-.LL..~: ,-=>'._ ''C i,__-'-_" , Q) I~' ' O.;i~::'-I' > IS;! :;--:~~ ~~--!rT-jtf----~~~ _..uL~JL_ni~~uLJ~'~ WT1T!j \ 11'~7'7 =EEJ: t J...4-.1 lL.. -- ~ ' W-\ /' L:r:J!~ ~ r-: t~t~ f 'l' i i Lj((IIFJ -~ ~ ~.:::+= f "'~I ,t:I-- '----';---\=r:::J; ","':.1/ 11!!o ~~~ v{;J:r</::;?~{~th]2B--==[ ~~~"~('" ", .x'..,~';U~------,: 7'1r~'1rt':::;~-:(;.I' :";''--i~,\..t?:,:::1.:' =="': ,.1~t3'LJ..--; (,J ~/R~ ~L;~~=~' ,.,.~~~; iC:k/f'-",i' vi?':Q:!p-+-';~ .. . .' / ~ i lHr-1: i i I ! I Iii I; "'i ..-77,"'";>==;::::1' . '/~~ I' I" 'ilL LU iLL ' ).., ..... 1'-'-'<"'-- ~--;; ..~' " ; ; "'it::); -! i -, uj)J I /"',I?fC;P'i~Q~ ( ,~i~.!1..J:,'-I..I;,:.,..~...n.~~..~.:._.~._~._.:.._,_(_...;.'....'_._.~_-_:;;...0~-~----r.. ,.fR. L~ H[ffi]]JJJU,..l .. f /"\\:~~L~,:j ~ ._r, ~'~___"'.. . /-:i~-'-'~:---l\\ r~ ni' f/'~t...b~~9~~ -r _.. ':;~"""""'~---\"--" "'1 I:.! "y/\)....}("/' ---:----r--~,! ...-.\j,' c:J:'T>:;\~',{\ ~'L0~1f::------ ------y--= .~'. ~ ~__:~~1B.i-T:<_>?4' r-;~:/~i~:~~J'---_/ /"7 ~ ~~~~,:~:s~}L~=~:;D:ff:'~~~7t4s-1 -\ :--1 --------. ; Le end: l1li Ocoee City Limits _ Subject Parcels _ Lakes ~ N 1--- Property Lines EXHIBIT "B"