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Home My WebLink AboutOrdinance 2007-020 Rezoning Thomas Property 111111111111111111111111111111111111111 ORDINANCE NO. 2007-020 (Rezoning Ordinance for Thomas Parcel) INSTR 20070561368 OR BK 09405 PG 3879 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 08/23/2007 11:25:49 AM REC FH. 44.00 TAX PARCEL ID #s 04-22-28-0000-00-024 CASE NO. RZ-07-04-08: Thomas Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICUL TURE" TO OCOEE A-I, "GENERAL AGRICUL TURE," ON CERTAIN REAL PROPERTY CONT AINING APPROXIMATELY 18.69 ACRES LOCATED EAST OF AND ADJACENT TO LAUREN BETH AVENUE AND APPROXIMATELY 600 FEET SOUTH OF CLARCONA OCOEE 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 18.69 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 A- 1, "General Agriculture;" 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_ 492266.1 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 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 S LA IV ;)w, 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 V11I 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 18.69 acres located within the corporate limits of the City ofOcoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee A-I, "General Agriculture." 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 ofthe Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in contlict 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_ 492266.1 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 lmday Of~, 2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ~~~ . ~- Bet-- l-'enbe;ry, City Clerk ~ ~.? (SEAL) ADVERTISED \f (,LIt( '^" , 2007 READ FIRST T~ 2007. READ SECOND TIME AND ADOPTED Un~~t:tem ~~ c.. h ' 2007 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS T<uJORM AN~GALITY This day of J(f ,2007. :::f:Jf~~ City ttorney 3 ORLA_ 492266.1 Exhibit "A" Legal Description. Commence at the southwest corner of section 04, township 22 south, range 28 east; thence N8900?'17"E along the south line of the southwest quarter of section 04 ,township 22 south, range 28 east a distance of 30ft for a point of beginning; Thence continue N8900?' 17"E along the south section line a distance of 1285.99ft; thence NOo045'12"E a distance of 659,94ft; thence S8901 0'41 "W a distance of 1293.97ft; thence SOoo03'39"W parallel with the west line of the southwest quarter of section 04, township 22 south range 28 east a distance of 422.54 ft; thence N8900?'17"E a distance of 203.5ft, thence SOoo03'39"W parallel with the west line of the southwest quarter of section 04, township 22 south range 28 east a distance of 208.5ft, thence S8900?'17"W a distance of 203.5ft, thence SOoo03'39"W parallel with the west line of the southwest quarter of section 04, township 22 south range 28 east a distance of 30ft to the point of beginning. I I- W OJ w ~ :::> <( .....J Exhibit "8" Thomas Property Location Map e