HomeMy WebLinkAboutOrdinance 98-04
ORDINANCE NO, 98-04
CASE NO. AR-97-07-07: GRAFTON PARTNERSHIP
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY, A-1, CITRUS RURAL DISTRICT,
AND RCE, RURAL COUNTRY ESTATE DISTRICT, TO OCOEE, R-1AA, SINGLE
FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 97,93 ACRES LOCATED AT THE SOUTHEAST CORNER OF
OCOEE-APOPKA ROAD AND FULLER'S CROSS ROAD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH
ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission"), has as of 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-1AA, Single Family Dwelling District (the "Initial Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V 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, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which affects the future land use of the real property hereinafter
described; and
WHEREAS, pursuant to the provisions of Section 6(B) of the Joint Planning Area
Agreement, the City has the authority to establish an initial zoning for the lands herein described and
to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter
163, Florida Statutes; 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 the Joint
Planning Area Agreement and determined that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement 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 "Ocoee, R-1AA, Single Family Dwelling 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 the Joint Planning Area
Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and with respect to proposed Initial Zoning of said real property; 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 Ocoee City Commission 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, The zoning classification, as defined in the Ocoee City Code, of the following
described parcel of land containing approximately 97.93 acres located within the corporate limits
of the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District, and
RCE, Rural Country Estate" to "Ocoee, R-1AA, Single Family Dwelling District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 3, A map of said land herein described which clearly shows the area of Initial
Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4, The Ocoee City Commission hereby finds the Initial Zoning of the lands
described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the Joint
Planning Area Agreement.
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 Initial Zoning amendment 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 Chapter 180 of the
Ocoee City Code.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed
and rescinded.
SECTION 7, 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, This Ordinance shall take effect immediately upon passage and adoption.
PASSED AND ADOPTED this..3....a..sL day of FE.~~uP\R.V ,1998,
~L'/'J~~A~d~J
Marian Green, Deputy City Clerk
APPROVED:
CITY OF OCOEE, FLORIDA
~_. C-" f l 11
,-)- .;t1" ~"1 UUIC?~
S. Scott Vandergrift, Mayor
ATTEST:
(SEAL)
ADVERTISED Thursday, January 22, 1998
READ FIRST TIME January 20, 1998
READ SECOND TIME AND ADOPTED
J:FR~l1~Q..V .3l1GC\g
Under Agenda Item No. "TI p... ~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA,
APPR~VED AS TO. F,O~M ~ND LEGALITY
this day of ~~f"J ,1998.
FOLEYJfR~N;a Ii. /1
By: (J~ V~
City Attorney
C:IALL_DA T A IAHPDFILEIANX-REZIADOPTED\GRAFTONIADVSORD3.wPD
EXHIBIT ",A"
SHEEi 1 OF ::
SKETCH OF DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPilON
That portion of Section I, 70wnsnic 22 South, Range 28 Ecst, Orange County, Florida described
as foHows:
Commence at the North 1/4 comer of aforesaid Section 7; thence South 01"22'35- West
along the West line of the Nor.hecst 1/4 of Section 7 for 30.01 feet to the South line of the North
30.00 feet of Section 7 and the southerly rignt-of-woy line of Fullers Cross Road as snown on
Orange County Sond Project Book Number 5. sheets 5 and 6: thence South 89"50'45- East
along said South line and southeriy right-of-way line .for 1280.94 feet to the East line of the West
1/2 of the Northeast 1/4- of aforesaid Sec~jcn 7; thence South 0"45' 45- West along said East
line for 2431.28 feet to the East-West center section line; thence South 87'15'02- West aiong
said center section line for 1 J52.97 feet to the easterly right-of-way line of Ocoee ApooKa Road
(formerly State Road No. 437) as shown in Road Plat Sook 1, Pages 119 througn 125 of the
Public Records of Orange County, Floride: thence along said easterly rignt-of-"'ay line the
following courses: n.m North 16'17'16- West for 627.90 feet; thence North 16'00'04-
West for 1000.00 feet: thence North 15-:4'56- West for 407.21 feet: thence North
07".30'1 r West for 548.37 feet to :he South line of the North 30.00 feet of aforesaio Section
7 end the southeny right-of-way line of Fullers Cross Rood: thence South 89'57'53- East
CIO:1g said South line a'1C southeny r:gnt-oi-wr:v line for 741A5 feet to the ?oint of Beginning.
:::.:Jntaininc; 97.93 :::cres, :":"lore or iess.
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Case No.: AR-97-07-07
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JoinT Planning Area Boundary
Ocoee Cjty Limits
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t.'''ile
Exhibit 8