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Home My WebLink AboutOrdinance 2004-12 ORDINANCE NO. 2004-12 TAX PARCEL ID #: 08-22-28-0000-00-034 CASE NO. AX-04-02-16: BASKING RIDGE COURT REWNING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE WNING CLASSIFICATION FROM ORANGE COUNTY R-2, "RESIDENTIAL DISTRICT" TO OCOEE R-IA, "SINGLE FAMILY" DWELLING ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.01 ACRES LOCATED SOUTHWEST OF BASKING RIDGE COURT AND IMMEDIA TEL Y WEST OF OCOEE'S OLD AFRICAN-AMERICAN CEMETERY PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH WNING 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 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 1.01 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-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 required 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 May 11, 2004 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 ORDINANCE NO Applicants, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on June 15, 2004 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. REWNING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 1.01 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-IA, "Single Family Dwelling." 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. WNING 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. ORDINANCE NO 2 PASSED AND ADOPTED this -LL~Y of :r"V6- ' 2004. APPROVED: CITY OF OCOEE, FLORIDA :;$)5~~~ S. Scott Vandergrift, Mayor ATTEST: Je (SEAL) ADVERTISED JIIP6. '3 ,2004 READ FIRST TIME J"(,t Nt: I , 2004. READ SECOND TIME AND ADOPTED TllPc /r ,2004. Under Agenda Item No. VI. II. '-. b FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND JJ:GALITY This ~ day of ;"J Vile , 2004. ::7JfR;dt) City Attorney ORDINANCE NO 3 E~;"'~2~ aR~ll~! :;1~=!:"'~ IlIZNt:1:I, '11 ....tn....... i20;<'" II ....~ESI~ i 1il~..~I/lIilN lIlo~~h;' f~R~~~... ~~l!~gd ~;;!J! ~-< J!!....i~_ ~ ~!:fkl:l~~ ~olil 111 ;~d~ o III ~i ~j1l ~II I~ ~ ~~ ~ ~i~ ~~ ~~ ~ .. ~I ~~ -" 51l ~I ~l m i; i H ~ ~~ ~~ iiU~ L ; ~: ~ ,.lie; ... t! "'rJ ~ ~ . ~i . . : m u ~ :~ ~ i:~ ::~ n~ ;i~5~ii 'r'F.~l. !J~ ~ q, ~~ ; 1 .~ _-!g ;j \ i; ,~,; Q ~ ,~~ ~'~ J ~ ;~ f~ . ~ F ~~ ~ h. tli it,., i ," ~~ ~. '"'~ i . a ~ . : -~ i 1 Q i... ::'I~! s ~~ I~=~~ f"X- i'.' tt.... .."i ~ iY ~ ~ ~LJI i~~ ~~ ~~ iC5, :v I 1;5 !~l,"";,,:i ~rs__ r<! ~i '''- i Q :l: E=" EXHIBIT "A" Legal Description ~I;J OCOEE CLARCONA ROAD ~ >1 r-'- ct- -"- r - - -, - -, % I ~ (' ~ i ~ z 0 ... III ... I~ ;; ~ IS ij ~ ' 1, '1 "'01'4-\'118""<< 210.00' III ~ lli lE (scun, .I:tsCFlJP'lOl'-l} ! ~ z 1\" 5 M~ . g I' <> M \l ., " !~ f ..- ~ ;; !O ~ ~ II! tfrll;)Ol~ lJt.'SI:N'-~;IG": ~ ~. 1, N01'4-\'58"W 210,00' ~ II ~ U I~ ~!!l :! ' ~ z :;;J ~ III ~ ~ ~ III ... I~ ... ..: ... ~ .. I~~ " ~ ~ '"' '" . :E ~ ~ .. I , is I - 0 ..i q 115- !~ 5 01'44'58' E 210.00' I ___,J, I' .2 .~ I~ ()- - ~;i~ III e.s,."... ~"=-~ i",,~ i ;:"'; I TW:'>o,t,;(rS M"N~ tSf A:"Jnlno:'i !=;..A.r B~OK B ::>A.':;[ iOO z ), "".u ," = -,.' .-- / ORDINANCE NO 4 EXHIBIT "8" Map of Annexed Area Basking Ridge Court Location Map ~ -I ~ i' ~~ . +--- r 1ll ~~~"l '=~ I ~_ ~~ IllU i ) i I !~l1ln I [, L \lTrt~ ~ TJ ~ "y_.....-".~G. ' I ~!ITl \ "" I-Ti \ m,kNTtttT_, 01 -J / ,L\ ' ~KEMOX' i !TITTTTT'\-rT',~1 ~LldmJiDmrrn 1L1 \11 nil.. \ "'[ 1- III II II" 'T11f I. lr TT.'d : i i 1,. ~. ~I . ....~..mITtII-1~..,,'. ~I ~ I \TnThl L~L~~I,~LLL ,~._~fr \ I ~ Lrr " \.JJ [...l-,II, I,LLtll14YJ 1--c-1 i yY. /-! r l s -I-~ r--.-=\ W, L,. \' \...~ \'\ \ \ I jV /. ~/"01', L.~L i-I -tj1i:\\L'i\\" ~I \~-1 ai' -, ~\ \ \ ~ ~l--=J I~ .\~ f. t- V . .----0 ~ ~ \ \ill"I'- j r-1I ORDINANCE NO 5