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HomeMy WebLinkAboutItem VI (E56) Ordinance No 92-77, Case No. 2-15AR-92: Guess - Zoning AGENDA 12-1-92 Item VI E 56 4 ORbINANCE NO. ' 92-77 CASE NO. 2-15AR-92 : GUESS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM 01-t ' COUNTY AG, AGRICULTURAL DISTRICT, TO OCOEE, k- 1, GENERAL AGRICULTURAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF 7TH AVENUE AT THE EASTERN END OF MOORE 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" ("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, A-1, GENERAL AGRICULTURAL 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 Oeoee 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 AG, AGRICULTURAL DISTRICT" to "OCOEE, A-1, GENERAL AGRICULTURAL 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 • EXHIBIT " A" LEGAL DESCRIPTION (AS PROVIDED BY CLIENT) O.R. 3061/799 THE SOUTH 69.3 FEET OF LOT 16, ALL OF LOT 17 AND 18 AND THE NORTH 3.8 FEET OF LOT 19, ALL BEING IN PI OCK F'. SAP Cr COT AA. ACCORDING TO THE PLA T THEREOF RECOROFC` I `'Lr : 1I! N, PAGE GE 55, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. LYING AND BONG IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST. LEGAL DESCRIPTION (AS WRITTEN BY SURVEYOR) THAT PART OF LOTS 16 THRU 19, INCLUSIVE, BLOCK E, MAP OF GO THA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK R, PAGE 55 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 16 FOR A POINT OF REFERENCE; THENCE RUN NO0'08'32-E ALONG THE WEST LINE OF SAID LOT 16 A DISTANCE OF 69.3 FEET TO THE NORTH LINE OF THE SOUTH 69.3 FEET OF SAID LOT 16 FOR A POINT OF BEGINNING; THENCE RUN S89'41'45-E ALONG SAID NORTH LINE A DISTANCE OF 1918.42 FEET TO THE EASTERLY LINES OF SAID LOTS 16 THRU 19; THENCE RUN S0013'50-W ALONG SAID EASTERLY LINE A DISTANCE OF 223.51 FEET TO THE SOUTH LINE OF THE NORTH .3.8 FEET OF SAID LOT 19; THENCE RUN N89'41'16-W ALONG SAID SOUTH LINE A DISTANCE OF 1918.08 FEET TO THE WESTERLY LINES OF SAID LOTS 16 THRU 19; THENCE RUN NO0'08'32-E ALONG SAID WESTERLY LINES A DISTANCE OF 223.24 FEET TO THE POINT OF BEGINNING. CONTAINING 9.837 ACRES, MORE OR LESS. 2-15AR-92: GUESS SITE LOCATION MAP CITY OF OCOEE INITIAL ZONING PETITION CASE No. 2- 15AR-92 GUESS I AREA: 9.9 ACRES i FROM: ORANGE COUNTY A-1,AGRICULTURAL TO: A-1, GENERAL AGRICULTURAL DISTRICT i PROPERTY TAX ID: 33-22-28-3104-05161 x o \Z‘ \\:...\.\\ '4111JI ii \ • n. SUBJECT �������� ����N •\ PARCEL �\\��� • o������������������ LIMITS �\\ \\\O CITY .. ::\.\\\.\\• \ \ \ . •\ EXHIBIT A' \��\\\\\�. ��� :\\.. , \, ��o \moo\oo� �oo� \ \Ns. S, N‘, • • 't i\\ & . ‘\.:\\::.\:::::;; \ UNINCORPORATED ORANGE COUNTY (FOR ILLUSTRATION PURPOSES ONLY)