The URL can be used to link to this page

Home My WebLink AboutOrdinance 2007-005 Rezoning McCully Parcel 111111111111111 ~ 111111111111111111111111111111 ~IIIIII ORDINANCE NO. 2007-005 (Rezoning Ordinance for McCully Parcel) INSTR 20070290943 OR BK 09243 PG 3786 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 05/04/2007 08:15:03 AM r';:EC FEE:. 44.00 T AX PARCEL ID #s 08-22-28-0000-00-050 CASE NO. RZ-07-01-04: McCully Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-l, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.8 ACRES LOCATED WEST OF AND ADJACENT TO ADAIR STREET AND APPROXIMATELY 155 FEET NORTH OF VIGNETTI PARK 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 FOR AN EFFECTIVE DATE. 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 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 0.8 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee R-1, "Single Family Dwelling;" 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 Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately ORLA_ 437975.1 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 h(~ J ~ , 2007 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 Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on nO' 11, 2007 the Ocoee City Commission held a de novo advertised public hearing ith 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 0.8 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee R-l, "Single Family Dwelling." A map of said land herein described which clearly shows the area of 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. 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 2 ORLA_ 437975.1 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this \Jni day Of~, 2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA () ~' "U/ S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ~f;.t. 5 ,2007 READ FIRST TIME' Aorl\ ~ ,2007. READ SECOND TIM~D ADOPTED Apt\ t \( Under Agenda Item No. \:;).. " ,2007. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED ASTOFORMAND~?t{LITY This J1- day of'. , 2007. ::LEYf;1~itJJ) City Attorney 3 ORLA_ 437975.1 Exhibit "A" BEING PART OF THE NORTH % OF: COMMENCE FROM THE NE CORNER OF THE NW % OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTH 00026'12" EAST ALONG THE EAST LINE OF SAID NW % FOR 787.46 FEET; THENCE RUN N 89005'3TW FOR 25.01 FEET TO THE WEST LINE OF ADAIR ROAD AND THE P.O.B. FROM SAID P.O.B. CONTINUE N 89005'3TW FOR 570.13 FEET; RUN THENCE N 00036'12" W 277.93 FEET; THENCE N 89005'37"E FOR 570.13 FEET TO THE AFORESAID DESCRIBED WEST LINE OF ADAIR ROAD; THENCE SOo036'12"E 277.93 FEET TO THE P.O.B. ORANGE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (LESS THE FOLLOWING PORTION :) FOR A P.O.B. BEGIN AT SE CORNER OF AFORSAID DESCRIBED PROPERTY; THENCE RUN N 89005'37"W 570.13 FEET; THENCE N 00036'12'W 138.97 FEET; THENCE S 89005'37"E 275.06 FEET; THENCE SOo036'12"E 118.97 FEET; THENCE S 89005'37"E 295.07 FEET; THENCE SOo036'12"E 20 FEET TO THE P.O.B. SAID PARCEL CONTAINING 0.8 ACRES MORE OR LESS. EXHIBIT "B" McCully Annexation and Rezoning Location Map ~ w a... 0::: <( o ./ ::S"'C J {1j ~ ill ~ en ~( -=:2 IUj! RlA \~ 4T ~ ~ ~ --1 I <J: I I 5~~ 3A" I L :f\1 6fH n - ~~ATIN E~r /Y I ~ N11C10LE 1 I I I \ - f--- - 1'// /.. - ~-( r- ~NHtc \~ ~ HV\RRI~) - I 11 THI I I \ rJJORllHER~ bllJ~ANGO );- I thE C ~l \ y- M~A S1NEE'" ~ I 11T~~ ~ J~ ~ (~ OIRT CO...! I N~B /)= I PICWcidi "" ~ 1/[lliIJE -" ~ ~ A ~- r N ~I 11" L I: 3 ~~~, ~ ."--- .u ---.'" a I I c j-= Lr INDLI (3 ~ =- V -13iH ~II:\ ~I Ar )1: '--- ~' == /..... I ~ 1_ ,11., __ '"'\ tv\:. U- f-----.,