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Home My WebLink AboutOrdinance 2003-45 ORDINANCE NO. 2003-45 CASE NO. AR-03-01-01: CEMETERY ADJOINING FOREST RIDGE REZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 "RESIDENTIAL DISTRICT" TO OCOEE R-I-A "SINGLE-FAMILY DWELLING" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.012 ACRES LOCATED SOUTH OF THE FOREST RIDGE SUBDIVISION AT THE SOUTHERN END OF BASKING RIDGE COURT PURSUANT TO THE APPLICATION SUBMITTED FOR THE PROPERTY; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; 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 City of Ocoee (the "Applicant") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone certain real property located within the corporate limits of the City of Ocoee, Florida (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 1.012 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-2 "Residential District" to Ocoee R-l- A "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 Community Development 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, 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 October 14, 2003 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 find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and 006.310236.1 WHEREAS, on NmIEwu?>E:lL~, ~ 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 VITI 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, for the described real property containing approximately 1.012 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-2 "Residential District" to Ocoee R-l "Single-Family Dwelling." SEE EXHIBIT "A" (METES AND DESCRIPTION ATTACHED HERETO REFERENCE MADE A PART HERETO) BOUNDS LEGAL AND BY THIS 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 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. OFFICIAL 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 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 006.310236.1 2 PASSED AND ADOPTED this J~ay of AiD 1lf=t11&-e ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED ASTOF~RMANDLEGALlTY This' day of N'l)JL.cIh~2003. FOLEY &fPARDr~ A J /J By: rJ ~ City Attorney 006.310236.1 ,2003. APPROVED: CITY OF OCOEE, FLO ADVERTISED tJoJO-Yl(6Eh2. U; ,2003 READ FIRST TIME h.1~j1.\bex 4_, 2003. READ SECOND TIME AND ADOPTED rJ 611 ~ 6/ l B ,2003. Under Agenda Item No. V c.. ~ b 3 EXHIBIT "A" LEGAL DESCRIPTION Begin at the Southeast corner of the Southwest 1,4 of the Southwest 1,4 of Section 8, Township 22 South, Range 28 East; thence run North, 210 feet; thence West, 210 feet; thence South, 210 feet; thence East, 210 feet to the Point of Beginning. More particularly described as follows: Begin at a 4" x 4" concrete monument at the Southeast corner of the Southwest 1,4 of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East, Orange County, Florida, also being the Northeast corner of the plat of "Burnt Tree" according to the plat thereof recorded in Plat Book 16 at page 19 of the Public Records of Orange County, Florida, also being the Southwest corner of the plat of "Twin Lakes 1 st Addition" according to the plat thereof recorded in Plat Book 8 at pages 105 and 106, of said Public Records; thence run N 01046' 21" W, along the West line of said "Twin Lakes 1 st Addition", a distance of 210.06 feet to a 4" x 4" concrete monument at the Southeasterly corner of "Forest Ridge At Ocoee" according to the plat thereof recorded in Plat Book 54 at pages 47 through 50 (inclusive) of said Public Records; thence, leaving said West line, run S 880 34' 55" W along the South line of said "Forest Ridge at Ocoee", a distance of 210.00 feet; thence leaving said South line, run SOlo 46' 21" E, parallel with said West line, a distance of 209.99 feet to the North line of said "Burnt Tree"; thence run N 88 36' 04" E, along said North line, a distance of 210.00 feet to the Point of Beginning 006.310236.1 4 EXHIBIT "B" Cemetery adjoining Forest Ridge Location Map H I I I I III ) (/<il'ldPRINoFdof 1 il :- 1 H I I ..~~I (I ~~ r- >"'1 ~ \ I I (1A81\L RJ I I W; ARP~ ...............fm ... .... .< _~~J_ I III I f- -I _ f-I--- - '" . /f.-.. \ ~E.lUJ _,P ING 81.\ [F - _ 'y;;( I '" ....................... -. '""'-..I - -3?~~LI~ - ......-.- ..t( "TI< sm"J~~. r~ / / \Wlk -< t?1~ I r-- ANoER80 - \ - . ~UJNT R"~ I I..J mm ... ..= 1 I I 1 / ; -~ , ,I, I" .liJ,J I I d~ - _ II IIII sEuRrT'r1 ......... .' ....;;i~--_ - "'"'", I <+Q~\ -, I ~\I L-L .../[::-r~ 1 1== I~ Q_= ~ ~ r-~~~~.*iL-=~ ~i~sL - ~D~ =Ii~ rTl~ C{N~R i~:I~: le'iER1$(:~~~ISE ~~4JJOlJQtr= m ./ I 1.- .~.r-- ____ ' · - //Ilittt:: ....( -.or \ -/\ ~ 006.310236.1 5