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Home My WebLink AboutOrdinance 2009-023 Woomer Rezoning ORDINANCE NO. 2009-0023 (Rezoning Ordinance For Woomer Parcel) DOC . 2009063~43~ B: 9953 P: 9472 10/27/2009 02:54:54 PM Page 1 of 5 Rec Fe.: $44.00 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE TAX PARCEL ID # 17-22-28-0000-00-018; .11' rI:~~ ~lt~tjt'~~11 II I CASE NO. RZ-09-01-11: Woomer Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-l, "LOW DENSITY RESIDENTIAL" TO OCOEE R-IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.24 ACRES, LOCATED ON THE WEST SIDE OF 1ST STREET, APPROXIMATELY 445 FEET SOUTH OF THE INTERSECTION OF 1ST STREET AND SILVER STAR 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 ofOcoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 1.24 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-l, "Low Density Residential," 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 ofOcoee 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 I municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; 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 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 1.24 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-l, "Low Density Residential," 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 (0) of Article V of Chapter 180 of the Ocoee City Code. 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 2 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~ay of Ct1obeJV', 2009. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA r- S. Scott Vandergrift, Mayor (SEAL) fOR US!:. AN~ ([: _ ~,r..C[ ONL'r BY THE CITY Of' OCOEE APPROVED AS TO FC1~ !~Ni) LEGALITY this~D day of OVIP"'>(r . 2~. BY. , v4:ifiti!IL City Attorney ADVERTISED OuJ.cbv 2s', 2009 READ FIRST TIME ~)b(>--r L, , 2009. READ ~Ef=OND TIME AND ADOPTED tJ ut-o b-e.r 2D , 2009 UNDER AGENDA ITEM NO. .ll.-h. 3 EXHIBIT "A" Legal Description: A portion of Section 17 , Township 22 South, Range 28 East, Orange County, Florida being more particularly described as follows: Begin at the intersection of the North line of lands described in Official Records Book 5072, Page 3670 and the West line of the East 16.00 feet of the South 75.00 feet of the North 480.00 feet of the West 169.00 feet of the East 185.00 feet of the NE 1/4 of the NW 1/4 of the SE 1/4 of said Section 17 also being the West line of that parcel described in Official Records Book 4012, Page 3329, Public Records of Orange County, Florida; thence S 00005'13" E along a Southerly projection of said West line a distance of 145.05 feet to a point on the South line of said lands, said point also being on the North line of lands described in Official Records Book 7107, Page 2186, Public Records of Orange County, Florida; thence N 88038'22" W along said South line and along the North line of lands described in said Official Records Book 7107, Page 2186 a distance of 432 feet more of less to the waters of Lake Starke; thence Northeasterly along said waters a distance of 145 feet more or less to a point on a line that bears N 88038'22" W from the Point of Beginning, also being the North line of lands described in said Official Records Book 5072, Page 3670; thence S 88038'22" E along said North line a distance of 424 feet more ofless to the Point of Beginning. 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