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Home My WebLink AboutOrdinance 2007-017 Rezoning Pioneer Key Regional Stormwater Pond 11111 ~ 1111111111111111111111111111" 1111111111 M 11111 INSTR 20070495071 OR BK 09369 PG 1642 PGS=5 ORDINANCE NO. 2007-017 MARTHA o. HAYNIE, COMPTROLLER (Rezoning Ordinance for Pioneer Key Regional Stormwater Pon~ANGE COUNTY, FL 07/27/2007 08:59:07 AM REC FEE 44.00 TAX PARCEL ID #s 18-22-28-0000-00-0011 CASE NO. RZ-07-05-09: Pioneer Key. Regional Stormwater Pond AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-IA, "SINGLE-FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.53 ACRES LOCATED APPROXIMATELY 200 FEET WEST OF OCOEE APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF PALM DRIVE AND SAND DOLLAR KEY DRIVE PURSUANlL 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 rl~zone certain real property containing approximately 4.53 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-IA, "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 ~md 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 ORLA_ 467686.1 exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; 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 June 5, 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 4.53 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-IA, "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. 2 ORLA_ 467686.1 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this may of ~ 'Y ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 'w Hed> t.lkenoe~a,~ity Clerk Av ~'j 1J\.eAo..r..i ( ~l ~ I (SEAL) ADVERTISED I READ FIRST TIME READ SECOND TIME AN ,2007 ,2007. ADOPTED Ju Ii \1 ,2007. Under Agenda Item No.l.L.lL- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This --12- day of ;::) U '1 ' 2007. :~LEY :::M1dJiJ City Attorney 3 ORLA_ 467686.1 EXHIBIT "A" LEGAL DESCRIPTION: Commence at the NOltheast comer of the NOlthwest 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, FlOlida, thence nm S 00048'01" E along the East line of said ofN\^! 1/4 a distance of 323.07 feet; thence run S 89039'37" W, 30.00 feet to the westerly light of way line of Ocoee Apopka Road, as desclibed in Official Record Book 3930 at Page 2826, Public Records of Orange County, F10lida; thence run S 00048'01" E along the westerly right of way line of Ocoee Apopka Road, a distance of 633.65 feet to the South line of lands described in said Official Record Book 3930 at Page 2826, thence run S89011'59"W, along said South line, a distance of 198.00 feet to the Northerly extension of the West line oflands described in Official Record Book 5114 at Page 2379, Public Records of Orange County, Florida, for a Point ofBegilming; thence run S 00048'01' E, along said line and the continuation thereof, 338.79 feet to the NOlth line of the Southeast 1/4 of the Northwest 1/4 of said Section 18 and the NOlth line of lands described in Official Record Book 6561 at Page 1607, Public Records of Orange County, Florida; thence run S 88018'35" 'vV, along said NOlth line, a distance of 590.51 feet to the East line of the West 467.33 feet of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of said :.Jortl1\vest 114; thence run N 00032'53" W, along said East line, a distance of3l7.74 feet to a line 7.00 feet South of and parallel with the South line of the NOlth 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18; thence run N 88025'33' E, along said line, a distance of 174.90 feet to the East line of the Southwest 1/4 of the Northeast 1/4 of the NOlthwest 1/4 of Section 18; thence tun N 00040'25" \V, along said East line 27.86 feet to said South line of lands described in Official Record Book 3930 at Page 2826, thence run N 89011'59" E, along said South line, a distance of 414.09 feet to the Point of Beginning. Containing 4.53 Acres, more or less. Exhibit "B" Pioneer Key Regional Stormwater Pond Annexation & Rezoning Location Map Q