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Home My WebLink AboutOrdinance 2010-029 Park Square Rezoning DOCK 20100643286 B: 10130 P: 1001 11/05/2010 09:52:18 AM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller Orange County FL MB - Ret To: CITY OF OCOEE ORDINANCE NO. 2010 -029 t�'I 111 (Rezoning Ordinance for Park Square) 1111 k Y �� TAX PARCEL ID #s 31- 22 -28- 0000 -00 -005; CASE NO. RZ- 10- 04 -03: PARK SQUARE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1, "GENERAL AGRICULTURE" TO OCOEE R -1AA, `SINGLE FAMILY" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE 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 annexed into the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. Q010- , 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 17.17 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A -1, "General Agricultural" to Ocoee R- 1AA, "Single Family;" 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 JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and ORLA_1629684.1 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 September 14, 2010, 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 �) 0 ' kg , 2010 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 17.17 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -1, "General Agricultural" to Ocoee R -1AA, "Single Family." 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 JPA 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. SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 ORLA_1629684.1 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 become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this ■Q day of 0 C*obef , 2010. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA U eth ikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE ADVERTISED QC,kber � l , 2010 CITY OF OCOEE, FLORIDA; APPROV D READ FIRST TIME QC.*ooer c� , 2010. AS TO FORM.AND LEGALITY THIS 1 READ SECOND TIME AND ADOPTED DAY OF 04,4� , 2010 no-Ho 1 q , 2010 UNDER AGENDA ITEM NO. 2 Qj FOLE LA NER LLP By: "r4Z.r..f City Attorney EXHIBIT "A" Legal Description: A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida. Said portion of land being more particularly described as follows: 3 ORLA_1629684.1 Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31, per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida; thence run North 00 °34'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said right of way, North 89 °46'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of Jay Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run northerly along said easterly line, North 00 °34'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxmi Enterprises LLC; thence continue North 00 °34'28" East, a distance of 465.00 feet to a point on the Southerly Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run easterly along said southerly line, South 89 °46'24" East, a distance of 660.00 feet to a point on the Westerly Boundary Line of Tract D, per the Plat of Cresentlake, Plat Book 36, Pages 46 -47, City of Ocoee, Orange County, Florida; thence run southerly along said westerly line, South 00 °34'28" West, a distance of 260.47 feet to the Southwest corner of said Tract D; thence continue South 00 °34'28" West, along the Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of 864.53 feet to the Point of Beginning. Said lands contain 17.045 acres or 742,486 square feet, more or less. 4 ORLA_1629684.1 EXHIBIT "B" Park Square Location Map .,_..17] r a E r s1 � 1 , P l:' ' 'OP' "i• 41P * • •-• / 1;11m main .01 ;:' 7.. ii mg/ w' Iv �� '4 a ol '. 1 4 11/' ti� II( . ' . i i fire %la 00c .:` anima.. LAKE MANY YNNaiilil iIIIIIII .. . * 11111 // At-411 , iII 111/ i •l V iiilhi o iiu& o .erson - oa. 1 ------- L � EINT � "1� 'S� � =rr 451110 11'111111111111 . 11 raj! rt killonnaluinuminsi 0 , 4 ....011146,• 17: 0 611111141 'I .1111111 Ott LA 111111111m1.1. is srimmumolkit (4 rice � � �Mr�l� -- ip NE 0 liii1111111k / .4fr , 1111 4 it , • IllikkV.. * 5 ORLA 1629684.1