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Home My WebLink AboutItem VI (E10) Ordinance No 92-31, Case No. 2-161AR-92:Battaglia-West Zoning AGENDA 12-1-92 \ I Item VI E 10 I ORDINANtE NO. 92-31 CASE NO. 2-161AR-92 : BATTAGLIA-WEST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT, TO OCOEE, R-1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE WEST OF APOPKA-OCOEE ROAD AND 2,000 FEET NORTH OF WEST 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 AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida has on 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- 1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT" ("the Initial Zoning") ; and WHEREAS, pursuant to Section 5-9 (B) 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 ("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 Initial Zoning application for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning 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 zoned "OCOEE, R-1- AA, SINGLE FAMILY RESIDENTIAL 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 WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to the proposed Initial Zoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Initial Zoning requested by the Petitioner 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. The City Commission of the City of Ocoee, Florida 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. That the zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County A-i, AGRICULTURAL DISTRICT" to "OCOEE, R-1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT" : SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. That the City Commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendments 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 the Ocoee City Code. SECTION 5. 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. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1992 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1992 READ FIRST TIME , 1992 READ SECOND TIME AND ADOPTED , 1992 . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1992 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1992 By: UNDER AGENDA ITEM NO. City Attorney ZONING.ORD U EXHIBIT "A" 2-161AR-92: BATTAGLIA-WEST 1 y jI' °g 1.T oke b 42.6 ACRES ± & S / SE s/4. SECTION 31-21-28 SECTIO!6-22-M N.W. i I i, N.E. i. 1• / LEGAL DESCRIPTION THAT PART OF THE SOUTH 1/2 OF SE 1/4, SECTION o� 31, TOWNSHIP 21 SOUTH, RANGE 28 EAST, AND OF THE NW 1/4 OF THE NE 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING WEST OF THE OCOEE— c, APOPKA HIGHWAY, LESS THAT PART THEREOF LYING SOUTH AND WEST OF THE FOLLOWING LINE: FROM THE I NE CORNER OF SE 1/4 OF SE 1/4, SECTION 31, TOWN- 4, SHIP 21 SOUTH, RANGE 28 EAST, RUN WEST 1241.8 FEET; fi' THENCE S 23' 16' WEST ALONG WEST MARGIN OF THE HIGHWAY A DISTANCE OF 1615.16 FEET; THENCE ALONG SAID HIGHWAY S 28' 34' WEST A DISTANCE OF 780.85 FEET TO POINT OF BEGINNING; THENCE N 77' 06' WEST A DISTANCE OF 49.85 FEET; THENCE N 56' 46' WEST A DISTANCE OF 47.20 FEET; THENCE N 9' 35' WEST A DISTANCE OF 254.65 FEET; THENCE N 80' 12" EAST A DISTANCE OF 23.00 FEET; THENCE N 10' 51' WEST A DISTANCE OF 80.35 FEET; THENCE WEST TO A POINT OF . INTERSECTION WITH WEST LINE OF SAID NW 1/4 OF NE --- 1/4 OF_SAID SECTION 6. SKETCH OF DESCRIPTION ONLY- NOT A SURVEY "HURLEY PROPERTY" 1 curare num 013 s(n00 Orsenrnwe mars mecums ME mllmlw RO ICAI STANDAIIDS AT 70004 sr MC FLORIDA 30100 PORTIONS OF 4 • 72027 naLAM m rAroTn NO ea aa7.u�c-y.I6rMC Ami SECTION 31. TONNSHIP 21 SOUTH. RANGE 28 EAST ASAMM MO I10S70IASgITV WM.°ACCORD Ida I1HYA I1CAl & DDDR MOM A011I0 WWII MENEM K S ROOT 10 IOD sounok os SECTION 6. TOWNSHIP 22 SOUTH. RANCE 28 EAST . PREPARED FOR: BATTAGLIA FRUIT COMPANY, INC. 92284 •-•. ,' -'.'xrt -T2B — `' _ GANUNG - BELTON ASSOC., INC. 2 OF 2 r j EnIL professional surveying company DAR8/3/82 4� sec[ l' R 'n6N C111TJNC 501 E. Jackson Strsst. Suits 222, Orlando. Fl 32801 (407) 422-5042 1' - 300. -R � • -4*" . ' SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2 - 167AR - 92 BATIAGLIA WEST " HURLEY PORTION" AREA: AREA: ez.e± neves PROPERTY TAX ID: 6-22-28-0000-00025 31 -22-28-0000-00016 LAKE aPpPKa • • si\ SINGLE FAMILY DISTRICT \FIRM, illir SUBJECT on ism " PARCEL 1IV 11110111E 4 32' 5 Ancor immummw=mowy my- EXHIBIT "Aa UNINCORPORATEDHo cc COUNTY ILLUSTRATION PURPOSESGran ONLY)