HomeMy WebLinkAboutOrdinance 2008-004 Rezoning-Chateau Reserve
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ORDINANCE NO. 2008-004
(Rezoning Ordinance for Chateau Reserve)
aN5TR 2008019328b
OR BK 09b47 P6 113-4 P65=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
04/02/2008 10:58:15 AM
REC FEE 4'..00
TAX PARCEL ID # 30-22-28-0000-00-057
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CASE NO. RZ-08-01-01: Chateau Reserve Property
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE R-lAA, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT
TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH
OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; 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 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 8.76 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-
lAA, "Single Family Dwelling;" and
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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, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which has been amended from time to time (the "JP A Agreement");
WHEREAS, the JP A Agreement affects the future land use of the real property hereinafter
described;
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
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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;
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WHEREAS, the Zoning was scheduled for study and recommendation by the Planning
and Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed
the Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement and
determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A
Agreement and is in the best interest of the City and has recommended to the Ocoee City
Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan
and the JP A Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public
notice thereof with respect to the Rezoning; 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 8.76 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-IAA, "Single Family Dwelling;"
SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby
fmds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code
and the JP A Agreement.
. SECTION 5. 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.
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SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
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SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this K day of ~ r(l
,2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
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-:5' s..~ Uo.J'^i J_
S. Scott Vandergrift, Mayor ,', \:
(SEAL)
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FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AWalALITY TillS
~ DAY OF ,2008
FOLEfJ& L~~
By: iftW(~
City Attorney
ADVERTISED v'Vv>>---~ Lv., 2008
READ FIRST TIME MtAvGh t./, 2008.
READ Sf:COND TIME AND ADOPTED
MM-~ 18 , 2008 UNDER
AGENDA ITEM NO. lb.
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EXillBIT "A"
Legal Description:
Begin at the northeast corner of the Southwest 1,4, of the Southwest 1,4, of Section 30,
Township 22 South, Range 28 East, Orange County, Florida; thence SOoo25'OO"E along the
east line of said SW 1,4, SW ~ Section 30, 1,278.11 feet; thence N88052'03"W, 62.19 feet;
thence N72037'07"W, 52.86 feet; thence N52004'28"W, 90.68 feet; thence N66031'38"W,
173.72 feet; thence N82035'27"W, 111.97 feet to the east right of way line of Windermere
Road; thence N13055'17"E along said right of way line, 1153.21 feet; thence N89011'51"E,
167.80 feet to the Point of beginning.
Said lands lying in Orange County, Florida. Containing 8.76 acres more or less.
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EXHIBIT "B"
Map of Rezoned Area
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Chateau Reserve
Location Map
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