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Home My WebLink AboutOrdinance 2008-017 Eagle Creek of Ocoee Rezoning ORDINANCE NO. 2008-017 (Rezoning Ordinance for Eagle Creek of Ocoee) DOC ~ 20080729284 B: 9798 P: 0277 12/03/2008 02:34:57 PM Page 1 of 5 Ree Fee: $44.00 Doe Type: GOVR Martha O. Haynie, Comptroller Orange County FL MB - Ret To: CITY OF OCOEE TAX PARCEL ID #s 07-22-28-0000-00-001 ; 116~~~~~MI CASE NO. RZ-06-08-05: Eagle Creek of Ocoee AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-IAA, "SINGLE FAMILY DWELLING," TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 97.90 ACRES LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA ROAD AND SOUTH OF AND ADJACENT TO FULLERS CROSS ROAD AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF OCOEE-APOPKA ROAD AND FULLERS CROSS ROAD; 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 contalmng approximately 97.90 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee R-1AA, "Single Family Dwelling;" to Ocoee PUD "Planned Unit Development;" 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 ORLA_1116285.1 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 August 12, 2008, 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 0uL-21-, 2008 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 97.90 acres located within the corporate limits of the City ofOcoee, Florida, is hereby changed from Ocoee R-1AA, "Single Family Dwelling;" to Ocoee PUD "Planned Unit Development;" 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 of the Ocoee City Code. 2 ORLA_1116285.1 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 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 ZhYday of OC+V~ ,2008. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA S-S"'~6-0s2~ S. Scott Vandergrift, Mayor . (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPRO~f AS TO FO~,A.J~D LEGALITY THIS ~ DAY OF 061\>10-0- ,2008 :~:LEyt1r!I:;:;JU City Attorney ADVERTISED 0 c1-v bet' <ir ,2008 READ FIRST TIME 0 cto~ 7, 2008. ~D ~ECOND TIME AND ADOPTED 6 .o-l.<.i:!~ ,:1/ , 2008 UNDER . AGENDA ITEM NO. ~ a. 3 ORLA_1116285.1 EXHIBIT" A" DESCRIPTION That portion of Section 7, Township 22 South, Range 28 East. Orange County, Florida described as follows: Commence at the North 1/4 comer of aforesaid Section 7; thence South 01.22':35- West along the West line ot the Northeast 1/4 of Section 7 tor 30.01 feet to the South line of the North :30.00 feet of Section 7 and the southerly right-of-way line of Fullers Cross Rood as shown on Orange County Sond Project Book Number 5, sheets 5 end 6; thence South 89'50'45- East along said South line and southerly right-ot-way line for 1280.94 feet to the East line ot the West , /2 of the Northeast 1/4 of aforesaid Section 7; thence South 0.45'45- West along said East line for 24.31.28 feet to the East-West center section line; thence South 8715'02- West along said center section line for 1.359.97 feet to the easterly right-of-way line of Ocoee Apopka Road (formerly State Road No. 4.37) os shown in Road Plat Book " Pages 119 through 126 of the Public Records of Orange County, Florida; thence along said easterly right-ot-way line the following courses; run North 1617'16- West for 627.90 feet; thence North 16'OO'04M West for 1000.00 feet; thence North 15"24'56- West for 407.21 feet; thence North 07..30'17- West for 548.J7 feet to the South line of the North JO.OO teet of atoresaid Section 7 and the southerly right-of-way line ot Fullers Cross Road; thence South 89'57'53- East along said South line and southerly right-ot-way line for 741.45 feet to the Point of Beginning. Containing 97.9.3 acres, more or less. 4 ORLA_1116285.1 ORLA_1116285.1 EXHIBIT "B" Eagle Creek Location Map ~ ! a e 5