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Home My WebLink AboutItem VI (E40) Ordinance No 92-61, Case No. 2-162AR-92: Battaglie - East - Zoning AGENDA 12-1-92 Item VI E 40 ORDINANC5 NO. 92-61 CASE NO. 2-162AR-92: BATTAGLIA-EAST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, 1 CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, AGRICULTURAL DISTRICT, TO OCOEE, R-1-A, SINGLE FAMILY RESIDENTIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ALONG BOTH SIDES OF OCOEE-CLARCONA ROAD AND 2,000 FEET WEST OF APOPKA-VINELAND 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-A, 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 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-1, AGRICULTURAL DISTRICT to "OCOEE, R-1-A, 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) AD'VERTISEI3 , 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" BATTAGLIA - EAST LEGAL DESCRIPTION That part of Sections 33 and 34, T21S, R28E, Orange Country, Florida, described as follows: From the South 1/4 corner of said Section 34, run N 89 °56 ' 52" W 720.00 feet along the South line of said Section to the Point of Beginning; thence continue N 89°56 '52" W 1932. 32 feet along said South line to the South corner common to Sections 33 and 34 ; thence run N 89°58 '05" W 662 .23 feet; thence run N 00°05 '46' E 245. 18 feet; thence run N 69°33 '26" E 1018.92 feet along the South line of Clarcona-Ocoee Road, said line being 30 feet South of the centerline of the paved road; thence run 188.53 feet to the right along the arc of a curve having a radius of 570. 00 feet and a central angle of 18°57 ' 04" ; thence run N 88°30 ' 30" E 1455. 63 feet; thence run South 676.78 feet along the West line of the East 720. 00 feet of the Southwest 1/4 of said Section 34 to the Point of Beginning. Containing 33 .8778 acres more or less. AND That part of Southwest 1/4 of Section 34, T21S, R28E, Orange County, Florida, described as follows: From the Southeast corner of said Southwest 1/4 of Section 34, run North 756.21 feet long the East line of said Southwest 1/4 to the Point of Beginning; thence run S 88°30 ' 30" W 1689 .59 feet along the centerline of the paved road; thence run N 00°10 '24" E 831. 81 feet; thence run S 84°01' 51" E 825.99 feet along the Southerly line of the A.C.L. Railroad Right-of-Way as reestablished from A.C.L. Right-of-Way map V. 12 FLA/51 thence continue along the Right-of-Way on a curve to the left having a radius of 1457.42 feet, a central angle of 35°16 '40" , and an arc length of 897.35 feet; thence run South 880.58 feet along the East line of the Southwest 1/4 of Section 34 to the Point of Beginning. Containing 29.7036 acres more or less. 2-162AR-92: BATTAGLIA - EAST Page 1 of 2 AND EXHIBIT "An CONT. That part of Sections 33 and 34, T21S, R28E, Orange County, Florida, described as follows: From the South corner common to said Sections 33 and 34 , run N 00°02 '27" E 556.42 feet along the line common to said sections to the Point of Beginning; thence run S 69°33 '26" W 706. 60 feet along the North line of Clarcona-Ocoee Road; thence run N 00°05 '46" E 1087.80 feet along the West Line of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 33 , thence run N 89°33 '42" W 295. 30 feet along the North line of the Southeast 1/4 of the Southeast 1/4 ' of said Section 33 ; thence run Northeasterly 298.98, feet along the arc of the South Right-of-Way line of the A.C.L. Railroad (as reestablished from A.C.L. Right-of-Way map V. 12 FLA/5) along a curve concave to the South having a radius of 1241.78 feet, a central angle of 13 °47 '41", and a chord of 298.25 feet that bears N 70°44 ' 18" E; thence run N 77°38 ' 09" E 356.80 feet; thence run 329.36 feet to the right along a curve having a radius of 1878.29 feet and a central angle of 10°02 ' 49" ; thence run N 00°02 '27" E 6.50 feet; thence continue Easterly 273 . 17 feet along the arc of a curve having the same center point as the last mentioned curve and a radius of 1884 .79 feet and a central angle of 08°18 '41" ; thence run S 83 °59 ' 51" E 451. 01 feet; thence run S 84 °01 ' 51 E 244 .42 feet; thence leaving the Railroad Right-of-Way run S 00°10 '24" W 831.81 feet; thence run S 88°30 '30" W 487.84 feet along the North line of Clarcona-Ocoee Road, said line being 30 feet North of the centerline of the paved road; thence run 208. 38 feet to the left along the arc of a curve having a radius of 630. 00 feet and a central angle of 18°57 ' 04" ; thence run S 69°33 '26" W 289.84 feet to the Point of Beginning, containing 37.9560 acres more or less. AND • Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 and all that part of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 lying West of the Railway, all in Section 3, Township 22 South, Range 28 East. The above described property lies in Orange County, Florida. 2-162AR-92 : BATTAGLIA EAST Page 2 of 2 ...,„„., .... , OFOEE { JC . . - INITIAL - ZONING PETITION CASE No. 2 -. 162AR - 92 . BATIAGL1A EAST AREA: 113.92± ACRES . 1 WHITFIELD AND R.R. PORTION PROPERTY TAX ID: "RR"=34-21 -28-0000-00042' 3-22-28-0000-00001 - 1 -A "WHITFIELD"=34-21 -28-0000-00023 33-21 -28-0000-00027 SITE LOCATION MAP \ 11011111°\ . 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