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Home My WebLink AboutItem VI (E42) Ordinance No 92-63, Case No. 2-27AR-92: Miller - Zoning AGENDA 12-1-92 t Item VIE 42 ORDINANCE NO. g2-63 CASE NO. 2-27AR-92 : MILLER ` AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, SINGLE FAMILY DISTRICT, TO OCOEE R-1, SINGLE FAMILY DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF SILVER STAR ROAD AND FIRST STREET 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, SINGLE FAMILY 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, SINGLE FAMILY 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 R-1, SINGLE FAMILY DISTRICT" to OCOEE R-1, SINGLE FAMILY 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 r 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" MILLER LEGAL DESCRIPTION Lot 19, Block D, HILLCREST HEIGHTS, according to the plat thereof as recorded in Plat Book M, page 98 of the Public Records of Orange County, Florida, being more particularly described as follow: Commence at the Southwest corner of the aforementioned HILLCREST HEIGHTS, said corner being the Southwest corner of the West 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 22 South, Range 28 East, Orange County, Florida, and being located at the intersection of the centerlines of FIRST STREET and STATE ROAD No. 438 (SILVER STAR ROAD) ; thence run N00°08 ' 31"W along the centerline of said FIRST STREET as recorded in said HILLCREST HEIGHTS, a distance of 30 feet; thence run S88°38 ' 31"E 30 feet to the Southwest corner of Lot 19, Block D, of said HILLCREST HEIGHTS and the Point of Beginning; thence run N00°08 ' 31"W along the East Right- of-Way line of said FIRST STREET and the West line of said Lot 19 a distance of 139. 0 feet to the Northwest corner of said Lot 19; thence run N89°51' 29"E along the North line of said Lot 19, a distance of 60 feet to the Northeast corner of said Lot 19 ; thence run S00°08 ' 31"E along the East line of said Lot 19, a distance of 140.6 feet to the Southeast corner of said Lot 19 and the North Right-of-Way line of said STATE ROAD No. 438 ; thence run N88°38 '31"W along the South line of said Lot 19 and the North Right-of-Way line of said STATE ROAD No. 438, a distance of 60 feet to the Point of Beginning. Containing 0. 193 acres, more or less. 2-27AR-92: MILLER SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No . 2 - 27AR - 92 MILLER AREA: 0 . 2 ACRES FROM: ORANGE COUNTY TO: R- 1 , SINGLE FAMILY RESIDENTIAL PROPERTY TAX ID: 17-22-28-3624-04190 T ►- h ► r ; v "1/ %TiVittAkt\ `, • \, 11 1. , N, 4\ N ,•.& NlimiL k\1 iii.\.\\ \ \ i SILVER STAR RD SUBJECT 4-2;11. k PARCEL 0111P 4V01 '. ENCLAVE -- awa`I AftaleitaOwsxe' �►' 1/4 110 LAKE �\\\\\\\\�� ijk •�j0rs • - sTARKE uiiii` EXHIBIT A UNINCORPORATED ORANGE COUNTY (FOR ILLUSTRATION PURPOSES ONLY)