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Home My WebLink AboutOrdinance 2007-011 Rezoning for Rogers Park Parcel IIII UII III ~ III III UII ~ II11I11II1II1111 ORDINANCE NO. 2007-011 (Rezoning Ordinance for Rogers Park Parcel) INSTR 20070407490 OR BK 09314 PG 3367 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUN1Y, FL 06/21/2i07 02:11:03 PM REC FEE. 44.00 TAX PARCEL ID #s 07-22-28-0000-00-023 CASE NO. RZ-07-01-03: Rogers Park Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "GENERAL AGRICULTURE" TO OCOEE R1-AA, "SINGLE-FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS 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 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 37.12 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 R1-AA, "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 JP A Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and ORLA_ 443196.1 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 April 10, 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 , 2007 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 37.12 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee Rl-AA, "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 ofthe 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_ 443196,1 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 \51ltdayof ~")'\:,__ \_, 2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED \l\.?\t '3" \ C) , 2007 READ FIRST TIME (11~ h ,2007. READ SECOND TIME A 1\ OPTED \"'\'\C?\.k \ C;- ,2007. Under Agenda em No)' d- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND ~ALITY This 1.r5 day Of! ,2007. FOLEY"'LARjNER '::Jtj By: Vtuvf { ~ City Attorney 3 ORLA_443196.1 EXHIBIT" A" [Legal Description] Parcell: A Parcel of land lying in the Southeast Y4 of Section 7, Township 22 South, Range 28 East, Orange County, Florida: being more particularly described as follows: Beginning at the Northwest comer of the Southeast Y4 of said Section 7; thence along the North line of the Northwest Y4 of the Southeast Y4 of said Section 7 North 86056' 10" East, 1,310.03 feet to the East line of said Northwest Y4: thence along said East line South 00031' 51 " West, 1,398.44 feet to the Southeast comer of said Northwest Y4: thence along the East line of the Southwest Y4 of the Southeast Y4 of said Section 7 South 00031'51" West, 355.17 feet to the Southeast comer of the lands described in Official Records Book 5067, Pages 764-765; thence along the Southerly boundary of said lands the following three (3) courses and distances (1) North 89035'48" West, 592,60 feet; thence (2) North 01006'44" East, 37.61 feet; thence (3) South 87037'29" West, 726.40 feet to the Easterly right of way line of State Road Number 437; thence along said Easterly right of way line North 00048'40" East, 322.00 feet; thence departing said Easterly right of way line and along the Westerly boundary of said lands the following six (6) courses and distances (1) North 88029'43" East, 489.51 feet; thence (2) North 01004'18" East, 345.22 feet; thence (3) North 88006'20" East, 248.67 feet; thence (4) North 01004'18" East, 652.77 feet; thence (5) South 87043' 51" West, 523.06 feet; thence (6) North 31010'03" West, 411.03 feet to the POINT OF BEGINNING. Together with: Parcel 2: A Parcel of land lying in the Southeast Y4 of Section 7, Township 22 South, Range 28 East, Orange County, Florida: being more particularly described as follows: Commence at the monumented center of Section 7, being a 1 1/4" iron pipe, thence along the West line of the Southeast Y4 of said Section 7 South 01004' 18" West, 1,672,03 feet; thence departing said West line South 88055'42" East, 5.55 feet to a point on the Easterly right-of-way line of State Road 437, per FDOT right-of-way map Section #75180, said point also being the POINT OF BEGINNING; thence along the Southerly line of the lands described in Official Records Book 5067, Pages 764-765 the following three (3) courses and distances (1) North 87037'29" East, 726.40 feet; thence (2) South 01006'44" West, 37.61 feet; thence (3) South 89035'48" East, 592.60 feet to the East line of the Southwest Y4 of the Southeast Y4 of said Section 7; thence along said East line South 00031' 51 " West, 57.88 feet to the Northerly line of the lands described in Official Records Book 6013, Pages 3302-3303 and Official Records Book 5279, Pages 4545-4546; thence along said Northerly line the following three (3) course and distances (1) South 89055'44" West, 590.73 feet; thence (2) North 00004'16" West, 37.61 feet; thence (3) South 89055'44" West, 726.80 feet to said Easterly right-of-way line; thence along said Easterly right-of-way line North 00048'40" East, 33.58 feet to the POINT OF BEGINNING. 4 ORLA_ 443196.1 Exhibit "B" Roger's Property Annexation and Rezoning Location Map \ ~ ----1 .. 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