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Home My WebLink AboutOrdinance 99-16 ORDINANCE NO. 99-16 CASE NO. AR-98-12-15: DEVON COVE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY, "R-1AAA", RESIDENTIAL URBAN DISTRICT TO OCOEE "R-1A", SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.0 ACRES LOCATED APPROXIMATELY 150 FEET SOUTHWEST OF THE INTERSECTION OF PRAIRIE LAKE BOULEVARD AND LOG RUN COURT PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and 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 to rezone and establish an initial zoning classification for said real property of Ocoee, "R-1A", Single Family Dwelling District; and WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning requested 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"), subject to a Comprehensive Plan Amendment adopting a Future Land Use designation of Low Density Residential, (the "Comprehensive Plan Amendment"), becoming effective; 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"); and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan subject to the Comprehensive Plan Amendment becoming effective and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be Ocoee, "R-1A" Single Family Dwelling District, as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning 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 (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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 5.0 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County, "R-1AAA" Residential Urban District, to Ocoee, "R-1A" Single Family Dwelling District. SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan, subject to the Comprehensive Plan Amendment becoming effective, and the JPA Agreement. SECTION 5. 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 Initial Zoning amendment 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. INCONSISTENT 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. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect when the Comprehensive Plan Amendment (Case No. SSCPA 99-001) adopted as, Ordinance No. 99- 15, becomes effective. PASSED AND ADOPTED this ~ day of It Pit, L ,1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ;)~vLi~, S. Scott Vandergrift, Mayor (SEAL) ADVERTISED MARCH 25, 1999 READ FIRST TIME MARCH 16, 1999 READ SECOND TIME AND ADOPTED Apl-lt_ ~ r (~o, 'I UNDER AGENDA ITEM NO.I! A "I FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this h daYOf~, 1999. FOLEY & LARDNER By:fcJr~ City Attorney LEGAL DESCRIPTION Parcel 10-22-28-0000-00074 The West 1/8 of the Southeast % of the Northwest % of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Parcel 10-22-28-0000-00128 The East % of the West % of the Southeast % of the Northwest % of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Exhibit "A" Devon Cove Surrounding Zoning Map l_~ .~_ ~ 8 ADMIMHD Legend: k/~~ - Subject Property D 0 At Ocoee - Orange County Joint Planning Area 0 0 ~ n Ocoee City Limits PIll ~ D m C Orange County parcels - outside Ocoee [[]] - /'/ IIIID Ocoee Utility Service Boundary D CJ D Roads - IIIIIIII 1.1I - Lakes r:::J - EXHIBIT liB" A-1, General Agriculture A-2, Suburban PUD-Low Density Residential R-1AAA, Single Family Dwelling R-1AA, Single Family Dwelling R-1A, Single Family Dwelling R-1, Single Family Dwelling RT-1, Mobile Home Subdivision District R-2, One and Two Family Dwelling PUD-Medium Density Residential R-3, Multi Family Dwelling PUD-High Density Residential P-S, Professional Offices and Services C-1, Neighborhood Shopping C-2, Community Commercial PUD-Commercial C-3, General Commercial 1-1, Restricted Manufacturing & Warehousing 1-2, General Industrial ADO [