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Home My WebLink About2019-036 Daka Property 8807 Hackney Prairie Road - RezoningDOC # 20190764714 12/06/2019 09:30 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC ORDINANCE NO. 2019-036 (Rezoning Ordinance for Daka Property — 8807 Hackney Prairie Road) TAX PARCEL ID: 03-22-28-0000-00-052 & 03-22-28-0000-00-101 CASE NO. RZ-19-09-11: Daka Property — 8807 Hackney Prairie Road Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "RURAL/AGRICULTURAL" TO CITY OF OCOEE R -1A, "SINGLE- FAMILY DWELLING" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 2.13 ACRES LOCATED ON THE NORTH SIDE OF HACKNEY PRAIRIE ROAD, APPROXIMATELY 2,683 FEET EAST OF NORTH CLARKE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 FOR AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately +/- 2.13 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" A-1 to "City of Ocoee" R -IA; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 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, said Rezoning 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, on October 8, 2019, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City 1 20190764714 Page 2 of 5 Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on December 3, 2019, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning 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. AUTHORITY. 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. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately +/- 2.13 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County" A-1 to "City of Ocoee" R -IA. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning 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 5. CONFLICTING ORDINANCES. ordinances in conflict herewith are hereby repealed and rescinded. All ordinances or parts of 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. PA 20190764714 Page 3 of 5 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this J day 2019. ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this '�day of ]Drg .C,, —, 2019. SHUFFIELD LOWMAN & WILSON, P.A. By: 0 ey City Att APPROVED: CITY OF OCOEE, FLORIDA Rusty John ayor ADVERTISED _&jY,0mLj 1 2019 READ FIRST TIME naLff , 2019. READ SECOND TIME AND ADOPTED 3 2019. UNDER AGENDA ITEM NO, 20190764714 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION THE WEST 320 FEET OF THE SOUTHEAST Y4 OF THE NORTHWEST % OF THE SOUTHWEST Y4 OF SECTION 3, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; LESS THE NORTH'/2 THEROF; ALSO, LESS THE WEST 20 FEET THEREOF; ALSO, LESS THE ROAD RIGHT-OF-WAY ON SOUTH ALSO DESCRIBED AS PARCEL A AND PARCEL B AS FOLLOWS: PARCEL A: A PART OF THE W 320 FT OF SE1/4 OF NW1/4 OF SW1/4 (LESS N1/2 & LESS W 20 FT) & (LESS S 30 FT FOR R/W OR 1096/596) OF SEC 03-22-28 DESC AS: COMM AT THE SE COR OF REMINGTON OAKS PHASE 1 42/38 TH RUN N90 -00-00E 170 FT FOR POB TH CONT N90 -00-00E 103.07 FT TH N01 -04-14W 87.11 FT TH N90 -00-00E 117.81 FT TH N00 -25-08E 163.56 TH N90 -00-00W 157.38 FT N00 -12-29E 57.85 N89 -47-22W 59.34 FT S00 -43-50W 308.74 FT TO POB. KNOWN AS PARCEL ID 03-22-28-0000-00-052 P 1 M PARCEL B: A PART OF THE W 320 FT OF SE1/4 OF NW1/4 OF SW1/4 (LESS N1/2 & LESS W 20 FT) & (LESS S 30 FT FOR R/W OR 1096/596) OF SEC 03-22-28 DESC AS: COMM AT THE SE COR OF REMINGTON OAKS PHASE 1 42/38 TH RUN N90 -00-00E 273.07 FT FOR THE POB TH CONT N90 -00-00E 196.27 FT TH N00 -53-06E 307.64 FT TH N89 -47-22W 241.47 FT TH S00- 12 -29W 57.85 FT TH S90 -00-00E 157.38 FT TH S00 -25-08W 163.56 FT TH S90 -00-00W 117.81 FT TH S01 -04-14E 87.11 FT TO POB. KNOWN AS PARCEL ID 03-22-28-0000-00-101 E zwvutb4t,i4 rape OOTO Daka Property - 8807 Hackney Prairie Rd Exhibit "B" Map Hackney Prairie Road - - - - - - - - - - - - - - - - - - - - - - - - - c7A-e owe "Ca -01