HomeMy WebLinkAboutOrdinance 2003-27
ORDINANCE NO. 2003-27
CASE NO. AR-02-10-07: Adair Pointe Zoning Ordinance
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE R-l "SINGLE FAMILY
DWELLING" FOR CERTAIN PROPERTY CONTAINING
APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400
FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR
STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property within the
corporate limits of the City of Ocoee, Florida have submitted an application to the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
approximately 3.52 acres of property, as more particularly described in Exhibit "A", from
Orange County A-I "General Agriculture", to Ocoee R-l "Single Family Dwelling"; and
WHEREAS, 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 "JP A Agreement"); and
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 municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee,
Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning
be approved; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed rezoning of said real property; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041, Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.299701.
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 Chapter
166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, for the following described real property containing approximately 3.52 acres within the
corporate limits of the City of Ocoee, Florida is hereby changed from Orange County A-I
"General Agriculture", to Ocoee R-l "Single Family Dwelling":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
A map of said land herein described which clearly shows the area of rezoning is attached
hereto and EXHIBIT "B" and by this reference is made a part hereof.
SECTION 3. 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 the 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repeated.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and
adoption.
006.299701.
2
PASSED AND ADOPTED thiS~ day of JkfrE-MB6~ ,2003.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TOiORM AND LE~LITY
This day ofStf h<:r',2003.
:~~3! I4/f)
City Attorney
006.299701.
APPROVED:
CITY OF OCOEE, FLORIDA
d
ADVERTISED ~~ ~ I ,2003
READ FIRST TIME ~S , 2003.
READ SECOND TIME D ADOPTED
~~ ~ ,2003.
Under AgendaItemNo.~ B.i~
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EXHIBIT "A"
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1,4 OF SECTION 8,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN
S.00056'08''E. ALONG THE WEST LINE OF SAID NORTHEAST lA, A DISTANCE OF
1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST IA OF THE NORTHEAST 1,4
OF SAID SECTION 8; THENCE RUN N.89033'16"E. ALONG SAID NORTH LINE 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89033'16"E. AND ALONG
SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE
SOUTHWEST 1,4 OF THE NORTHEAST 1,4 OF SAID SECTION 8; THENCE RUN
S.00056'08''E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN
S.89033'16"W. 363.30 FEET; THENCE RUN N.ooo56'08"W. 91.70 FEET; THENCE RUN
S.89033'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID
WEST LINE OF THE NORTHEAST 1,4 OF SECTION 8; THENCE RUN N.ooo56'08"W.
PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST IA OF THE
NORTHEAST 1,4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; THENCE RUN N.89033'16"E. ALONG THE NORTH LINE OF SAID
SOUTHWEST IA OF THE NORTHEAST IA OF SECTION 8, A DISTANCE OF 25.00 FEET;
THENCE RUN S.ooo56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
1,4 OF THE NORTHEAST 1,4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN
S.89033'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00056'08''W.
ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING.
006.299701.
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EXHIBIT "B"
Location Map
Adair Pointe Annexation, Initial Zoning and PrelIminary Subdivision Plan
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006.299701.
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