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Home My WebLink AboutOrdinance 2007-022 Rezoning Oak Level Heights i 1111/ " 11/1/111 " 11/1/ 11111111111111111111111111 1/111 ~NSTR 20080126576 OR BK 09613 PG 2752 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 02/28/2008 03:22:16 PM I~EC FEE '+'t. 00 'f"f:>; , " ."q '. "f " 'INMI'II~IIIIMK II Milli Hil IN HII Hi IIU h Iii Ii i~U 111111'1111 113R I . ltiN II au I Nli IN tili H' ill au III it liiu II . ORDINANCE NO. 2007-022 (Rezoning Ordinance for Oak Level Heights Parcetp INSfR 20070561370 OR Bk 0~405 PG 388~ PG~=5 i'ii-ii', I, 'H U, 1"1l-J nH I~,. I..Ui'il.' i. UI.LU'\ . TAX PARCEL ID #s "65=tt~'61t5~=03O; -tl5-22=-28---6652:66::64&; -i)5..22=-28--6052:66=656- OhHNl'it:. C:Ut.ll'Il Y. ~ L ~8j2.j/~~07 Ll:25:49 HM ld:.c Fi::.t:. 4.<;. liJl!.' 95-22-28-6052-02-030 05-22-28-6052-02-040 05-22-28-6052-02-050 CASE NO. RZ-07-04-07: Oak Level Heights Property 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 0.58 ACRES LOCATED SOUTH OF AND ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMATELY 150 FEET WEST OF ANGOLA STREET 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 0.58 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-l, "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 [THIS INSTRUMENT IS BEING RE:.RECORDED TO CORRECT A TYPOGRAPHICAL ERROR IN THE ORLA_492372.1 TAX PARCEL ID NUMBERS SET FORTH ABOVE.] '. 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 5u ly Jlp , 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 0.60 acres located within the corporate limits of the City ofOcoee, 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 ofOcoee 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-I(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_ 492372.1 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 th:ttll day Of~, 2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED ::::r UI\U ~ f4 . 2007 READ FIRST T~ 2007. READ SECOND TIME AN . ADOPTED a, Must ?t ,2007 ~nda Item o. 7b FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND !fJ~~kr This I day of , 2007. :~LEY&7?:r:dbJ City Attorney 3 ORLA_ 492372.1 EXHIBIT "A" LEGAL DESCRIPTION LOTS 3 THROUGH 5, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S.00045'07''E., FOR A DISTANCE OF 154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUN S.89051'10"W FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST CORNER OF LOT 5, BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN N.00045'00''W., FOR A DISTANCE OF 154.45 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N.90000'OO''E., FOR A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25447 SQUARE FEET OR 0.5842 ACRES; MORE OR LESS. e Exhibit "8" Oak Level Heights Location Map CLARCONA OCOEE <::( <::( I -~