Item VII (G) Public Hearing - Case No 2-16AR-92: Battaglia-East (2) Ordinanace No 92-61 Zoning i
ORDINANCE NO. 92-61
CASE NO. 2-162AR-92: BATTAGLIA-EAST
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
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)
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"
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.
AND
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, more particularly described as:
Beginning at the Northeast corner of the Northwest 1/4 of said
Section 3, run S 89°45 ' 13" E, 198 . 77 feet along the North line of
said Section 3 to an intersection with the Westerly Right-of-Way
line of the Seaboard Coastline Railroad being a 60. 00 foot Right-
of-Way; Thence run Southwesterly 238 . 63 feet along said Westerly
Right-of-Way line and the arc of a curve concave Southeasterly,
having a radius of 3661. 57, a delta of 03 °44 ' 03" and a chord
bearing of S 08 °21 ' 31" W; thence runs S 06°29 ' 30" W, 432 .77 feet
along said Westerly Right-of-Way line to the South line of the
Northwest 1/4 of the Northwest 1/4 , of the Northeast 1/4 of said
Section 3 ; thence run N 89°45 '45" W, 114 . 20 feet along said South
line to the Southeast corner of the Northeast 1/4 of the Northeast
1/4 of the Northwest 1/4 of said Section Three; thence run N
89°56 ' 48" W, 663 . 77 feet along the South line of said Northeast 1/4
of the Northeast 1/4 to the Southwest corner of said Northeast 1/4
of the Northeast 1/4 thence run N 00° 01 ' 33" W, 665. 81 feet along
the West line of said Northeast 1/4 of the Northeast 1/4 to the
North line of said Section Three; thence run S 90°00 ' 00" E, 663 . 11
feet along said North line to the Point of Beginning. Containing
12 . 5 acres more or less.
2-162AR-92 : BATTAGLIA EAST
Page 2 of 2
... N.
. i CITY OF JCOEE
INITIAL ZONING PETITION
CASE No. 2 - 162AR -- 92
BATIAGLIA EAST
AREA: 113.921' ACRES
WHITFIELD AND R.R. PORTION
PROPERTY TAX ID: "RR"=34-21-28-0000-00042.-
3-22-28-0000-00001 .._ Ft
"WHITFIELD"=34-21-28-0000-00023
33-21 -28-0000-00027
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