HomeMy WebLinkAboutItem VI (E22) Ordinance No 92-43, Case No. 2-081AR-92: Barrett / Solomon - Zoning AGENDA 12-1-92
Item VI E 22
ORDINANCE NO. 92-43
CASE NO. 2-081AR-92: BARRETT/SOLOMON
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
A CHANGING THE ZONING CLASSIFICATION FROM ORANGE
, COUNTY A-i, AGRICULTURAL DISTRICT AND M-i,
LIGHT MANUFACTURING DISTRICT, TO OCOEE, A-1,
GENERAL AGRICULTURAL DISTRICT, AND FROM ORANGE
COUNTY A-1, AGRICULTURAL DISTRICT AND M-1,
LIGHT MANUFACTURING DISTRICT, TO OCOEE, R-1-A,
SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN
REAL PROPERTY LOCATED FROM THE INTERSECTION OF
WEST AND OCOEE-CLARCONA ROADS: 1,200 FEET
EAST ALONG BOTH SIDES OF OCOEE-CLARCONA ROAD;
1,200 FEET ALONG THE EAST SIDE OF WEST ROAD;
AND, 1,200 FEET SOUTH ALONG THE EAST SIDE OF
OCOEE-CLARCONA 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, A-
1, GENERAL AGRICULTURAL DISTRICT FOR PARCEL A AND OCOEE, R-1-A,
SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL B" ("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
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
AND M-1, LIGHT MANUFACTURING" to "OCOEE, A-1, GENERAL AGRICULTURAL
DISTRICT FOR PARCEL A" :
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3. 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 AND
M-1, LIGHT MANUFACTURING DISTRICT" to "OCOEE, R-1-A, SINGLE FAMILY
RESIDENTIAL DISTRICT FOR PARCEL B" :
SEE EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 4. 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 5. 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
A provisions of Section 5-1(G) of Article V of the Ocoee City Code.
SECTION 6. 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 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
EXHIBIT " A"
PARCEL •A"
DESCRIPTION
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST
1/4 OF THE NORTHWEST 1/4, SECTION 5, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN
THENCE N01'37 ' 12"E , ALONG THE EAST LINE OF SAID
SOUTHWEST 1/4, OF THE NORTHWEST 1/4, A DISTANCE OF
251 . 02 FEET TO THE POINT OF BEGINNING; CONTINUE
THENCE N01'37 ' 12"E, ALONG SAID EAST LINE, A DIS-
TANCE OF 1047 . 58 FEET ; THENCE S86 ' 31 ' 59'W A
DISTANCE OF 670 .18 FEET TO THE WEST LINE OF THE
EAST 1/2 OF SAID SOUTHWEST 1/4, OF THE NORTHWEST
1/4; THENCE S01'57 ' 18"W, ALONG SAID WEST LINE, A
DISTANCE OF 1243 . 89 FEET; THENCE N70 ' 51 ' 57 'E
DISTANCE OF 721 . 64 FEET TO THE POINT OF BEGIN-
NING.
CONTAINS 17 . 640 ACRES MORE OR LESS.
PARCEL " A"
DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 , SECTION 5 , TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN
THENCE N01'37 ' 12"E , ALONG THE EAST LINE OF SAID
SOUTHWEST 1/4, OF THE NORTHWEST 1/4, A DISTANCE OF
197 . 55 FEET; THENCE 570' 51 ' 57"W A DISTANCE OF
602 . 59 FEET TO THE SOUTH LINE OF SAID SOUTHWEST
1/4 OF THE NORTHWEST 1/4; THENCE N89' 59 ' 41"E,
ALONG SAID SOUTH LINE, A DISTANCE OF 563 . 72 FEET
TO THE POINT OF BEGINNING.
CONTAINS 1.278 ACRES MORE OR LESS .
2-081AR-92: • BARRETT/SOLOMON-
•
EXHIBIT " B "
LAND DESCRIPTION
BARRETT/SOLOMON GROVE PARTNERSHIP PROPERTY
PARCEL " B "
The northwest one-quarter (NW1/4) of the southwest one-
quarter (SW1/4) of Section 5 , Township 22 South , Range
28 East lying south of the ACL Railroad right-of-way
less the south 30 feet and less the west 30 feet being
more particularly described as follows:
BEGIN 30 feet north and 30 feet east of the southwest
corner of the northwest one-quarter (NW1/4 ) of the
southwest one-quarter (SW1/4 ) of said Section 5; thence
North 00° East along a line 30 feet east of and
parallel with the west line of the northwest one-
quarter (NW1/4 ) of the southwest one-quarter ( SW1/4 ) of
said Section 5, approximately 1161 feet; thence North
75° East along the southerly right-of-way line of the
ACL Railroad, approximately 875 feet; thence South 87°
East along the north line of the northwest one-quarter
(NW1/4 ) of the southwest one-quarter (SW1/4 ) of said
Section 5 , approximately 475 feet; thence South 01°
West along the east line of the northwest one-quarter
(NW1/4 ) of the southwest one-quarter (SW1/4 ) of said
Section 5, approximately 1411 feet; thence North 88°
West along a line 30 feet north of and parallel with
the south line of the northwest one-quarter (NW1/4 ) of
the southwest one-quarter (SW1/4 ) of said section 5;
approximately 1300 feet to the point of beginning.
Said lands lying in Orange County, Florida containing
approximately 40.2 acres more or less.
2-081AR-92: • BARRETT/SOLOMON