HomeMy WebLinkAboutOrdinance 2008-003 Rezoning-Tiger Minor Park
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ORDINANCE NO. 2008-003
(Rezoning Ordinance for Tiger Minor Park)
INSTR 20080193285
OR BK 09647 PG 1129 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
04/02/2008 10:58:15 AM
REC FEE 4'1.00
TAX PARCEL ID #s17-22-28-6144-05-050;
17-22-28-6144-05-060;
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CASE NO. RZ-07-01-01: Tiger Minor Park Rezoning
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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-IA, "SINGLE FAMILY DWELLING," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.46
ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET
AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER, THE CITY OF OCOEE; 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 ofOcoee, Florida (the "Ocoee City Commission") to
rezone said real property (the "Rezoning"); and
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WHEREAS, the Applicant seeks to rezone certain real property containing approximately
9.46 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, 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 exercise
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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 ofOcoee ("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 m
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, ofthe Property described in Exhibit "A" containing approximately 9.46 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;"
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 finds
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 ofthe
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.
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
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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 r22 day of ~ rch
,2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
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FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROr
AS TO F~ LEGALITY THIS 11f
DAY OF ,2008
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City Attorney
ADVERTISED ff\tt-("l'~ ~ , 2008
READ FIRST TIME rnl1tfT.lh 4-12008.
READ SECOND TIME AND ADOPTED
_cy\~e.h ~ ' 2008 UNDER
AGENDA ITEM NO. to ~
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EXHIBIT "A"
PARCEL 17-22-28-6144-05-050
Lots 5,6 and 7 of block "B" as recorded in plat Book A Pages 1 00 and 1 01 of the public records of
Orange County, Florida,
A parcel of land lying in the Northwest 1/4 of Section 20, Township 22 South, Range 28 East of
Orange County, Florida being more particularly described as follows;
Commencing at the West 1/4 corner of said Section; thence S89%%D05'53"E, along the South line
of the Northwest 1/4 of said section a distance of 1661.47 feet to the Southeast corner of lot 130
Prima Vista, as recorded in Plat Book 4 Page 130 of the public records of Orange County, Florida;
thence NOO%%D37'03"W, along the East line of Prima Vista a distance of 30.00 feet to the POINT
OF BEGINNING of the herein described parcel; thence continue along said East line
NOO%%D37'03'W, a distance of 793.58 feet; thence N89%%D58'04"E, a distance of 532.94 feet
to a point on the West line of Harbour Highlands 1\ as recorded in Plat Book 17 Page 80 of the
public records of Orange County, Florida; thence SOO%%D34'17"E, along said West line a
distance of 334.03 feet; thence continue SOO%%D34'17"E, along the southerly extension of said
West line a distance of 30.00 feet to the South Right-of-Way line of Jackson Street per said plat of
Harbour Highlands 1\; thence S89%%D34'17"E, along said South Right-of-Way a distance of
433.17 feet to the East Line of Lot 7 of Block 5 of Map of Ocoee, as recorded in Plat Book "A"
Pages 100 and 101 of the Public Records of Orange County, Florida; thence SOO%%D32'04"E,
along said East Line a distance of 438.37 feet to the North Right-of-Way line of Geneva Street per
said Plat of Map of Ocoee; thence N89%%D05'53'W, along said North Right-of -Way line a
distance of 965.43 feet to the POINT OF BEGINNING
PARCEL 17-22-28-6144-05-060
From the West 'Xt corner of Section 20, Township 22 South, Range 28 East, Orange County,
Florida; Run along the South line of the Northwest 'Xt of said Section 20, S. 880 24' 16" E. 2027.65
feet; thence N 010 24' 28" E. 271.80 feet to the point of beginning; Run thence further N 010 24' 28"
E. 200 feet plus or minus to a point on the North line of Lot 6, Block "5", Map of Ocoee, as
recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. Run
thence Easterly along said North line 534.7 feet plus or minus, thence S. 010 13' 48" W. 200 feet
plus or minus to a point S 880 37' 52" E of the point of beginning; run thence N 880 37' 52" W
535.37 feet to the point of beginning, Being a portion of Lots 6 and 7, Block "5", of the
aforementioned map of Ocoee.
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EXHIBIT "B"
Tiger Minor Park Annexation and Rezoning
Location Map
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