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Home My WebLink About2011-021 Martinez Rezoning DOC$ 20110656276 B: 10308 P: 5414 12/19/2011 01:38:40 PM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller Orange County FL ORDINANCE NO. 2011-021 MB - Ret To: OCOEE (Rezoning Ordinance For Martinez Parcel) TAX PARCEL ID # 09- 22 -28- 0000 -00 -032; CASE NO. RZ- 11- 08 -19: Martinez Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -CE, "COUNTRY ESTATE DISTRICT" TO OCOEE R -1AA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.19 ACRES, LOCATED ON THE SOUTH SIDE OF AD MIMS ROAD, APPROXIMATELY 240 FEET WEST OF JOHIO SHORES 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 containing approximately 3.19 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R -CE, "Country Estate District," to Ocoee R -1AA, "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 "JPA Agreement "); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; 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 immediately exercise 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 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 JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA 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 JPA 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 3.19 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R -CE, "Country Estate District," to Ocoee R -1AA, "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 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. 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. 2 SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this L day of L eernbex- , 2011. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 5-Vt 1, Be enberry, City Clerk $ S. Scott Vandergrift, Mayor (SEAL) FOR UJSE Aid, 1;rt IAN, i. : Nit r BY THE C!T (IF ;•If ;I: E i pPP.Q 1E�J r.s 1 (- , i,,8 Ayr) , LEEGALITY this (!�aay of _ ,(t L.✓ '.J` to IL ` 1 O ADVERTISED Novee e+r -1.b ay , 2011 & La' ;eq. READ FIRST TIME N ojek m -e(6 , 2011. By : ___ READ SECOND TIME AND ADOPTED City Attorney 2011 UNDER De�� Lc, , AGENDA ITEM NO. 1lo b 3 EXHIBIT "A" Legal Description: From the Northeast corner of the Southeast 1/4 of Section 9, Township 22 South, Range 28 East, Orange County, Florida, run South along the East line of said Section 9, a distance of 638.70 feet to a point; thence run South 89 °53' West a distance of 262.0 feet for the Point of Beginning of this description; thence continue South 89 °53' West a distance of 300 feet to a point; thence run due North a distance of 423.63 feet to a point on the Southerly right -of -way line of A.D. Mims Road (also County Road No. 205); thence run North 75 °18'20" East along the Southerly right -of -way line of A.D. Mims Road, a distance of 310.14 feet to a point; thence due South a distance of 501.69 feet to the Point of Beginning. 4 EXHIBIT "B" Martinez Property Location Map F41 p rl � ll r11111r II 111/11/1 r » � t rr��l ry111111111 cu � ,� N1ir�s At llltllil � �' • II • �� 001 ?"1111 .104 go • „, sum. so ma mi „ • pier u m '/ ■ �� +��.� u..uu • mo w IIIIU.,T �► ,. mum • E fir , w J 1 . REM 5