HomeMy WebLinkAboutOrdinance 2004-05
ORDINANCE NO. 2004-05
T AX PARCEL ID # 32-21-28-0000-00-024
CASE NO. AR-03-12-13: INGRAM ESTATES REZONING
(Gilliam Trust)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"CITRUS RURAL DISTRICT" TO OCOEE A-I, "GENERAL
AGRICULTURE" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 4.79 ACRES LOCATED SOUTH OF THE
SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM
ROAD INSTERSECTION PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; 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 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 contammg
approximately 4.79 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "Citrus Rural District", to Ocoee
A-I, "General Agriculture;" 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 No. 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 March 9, 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
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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
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 April 6, 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. REZONING. The zoning classification, as defined in the Ocoee
City Code, of the Property described in Exhibit "A" containing approximately 4.79 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from
Orange County A-I, "Citrus Rural District," to Ocoee A-I, "General Agriculture." 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. 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.
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SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
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PASSED AND ADOPTED this j,Oday of ~ f'KI '- ,2004.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This (Q1\~ day of tRQ..\L , 2004.
FOLEY & LARDNER LLP
By:
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~cr:5nreY<S
006.326984.1
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED -.MAR. (1/ tl{ , 2004
READ FIRST TIME /'1/JrRGIJ It , 2004.
READ SECOND TIME AND ADOPTED
-.A p ft.t- (. ( , 2004.
Under Agenda Item No. III. ~ .l,cl.
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EXHIBIT "A"
Legal Description
A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32;
THENCE NORTH 89057'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 89057'42" WEST, ALONG SAID LINE,
628.68 FEET TO THE POINT EAST RIGHT-OF-WAY LINE OF INGRAM ROAD;
THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON
THE NORTH LINE OF THE SOUTH ONE-HALF, OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 32; THENCE SOUTH 89056'02" EAST, ALONG SAID
LINE, 628.92 FEET; THENCE SOUTH 00043'05" WEST, 331.43 FEET TO THE POINT
OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA,
CONTAINING 4.79 ACRES.
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EXHIBIT "B"
Area of Rezoning
Ingram Estates
Location Map
I McCormick Road
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