HomeMy WebLinkAboutOrdinance 97-07
ORDINANCE NO. 97-07
CASE NO. AR-95-08-04: BURNDEN PARK, PHASE II
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT,
TO OCOEE, R-1A, SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT, ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 22 ACRES
LOCATED BOTH NORTH AND SOUTH OF HACKNEY-PRAIRIE ROAD
BETWEEN CLARKE ROAD AND APOPKA-VINELAND 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 Ccoee, 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 Ocoee City Commission to rezone and establish an initial zoning classification for
said real property of Ocoee, R-1A, Single Family Residential Dwelling District, (the "Initial Zoning");
and
WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Oeoee 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 Ccoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18,
1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ccoee 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(8) 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 "R-1A, Single Family Residential 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 22 acres located within the corporate limits of
the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District," to
"R-1A, Single Family Residential 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. Effective Date. This Ordinance shall take effect immediately upon passage
and adoption.
PASSED AND ADOPTED this 4 f{ day of f:E.-B~\(.t~,( ,1997.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED January 19, 1997
READ FIRST TIME January 21, 1997
READ SECOND TIME AND ADOPTED
l='"e-P.i."-~I.i L(, '9<1,)
Under Agenda Item No. fl. 1. C-
FORUSEANDREL~NCEONLYBY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO F ijM AND LEGALITY
this~dayof '/l{)No... ,1997.
RDNER
By:
City Attorney
C:\AHPDFILE\ANX-REZ\AXIZ-NOW\BURNDEN\BP-AXIZD.ORD
Legal Description
The SWII4 of the NW 1/4 of the SW 1/4, except the North 125 feet thereof, except the East 150 feet
thereof, and except the South 30 feet thereof, Section 3, Township 22 South, Range 28 East, Orange
County, Florida,
and
The NW 1/4 of the SW 1/4 ofthe SW 1/4, except the South 60 feet thereof and except the North 30 feet
thereof, Section 3, Township 22 South, Range 28 East, Orange County, Florida,
and
Lots 1 to 7 inclusive, LAKE HACKNEY SHORES, according to the plat thereof as recorded in Plat Book
S, Page 120, Public Records, Orange County, Florida, together with a 30-foot strip along the North line
of said lots being the South Y2 of a vacated street known as Hackney Prairie Road.
Exhibit" A"
(PHASE II)
Exhibit A
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A. O. PI"
Burnden Park, Phase II
Rezoning Case #AR-95-08-04
Exhibit B