2019-036 Daka Property 8807 Hackney Prairie Road - RezoningDOC # 20190764714
12/06/2019 09:30 AM Page 1 of 5
Rec Fee: $44.00
Deed Doc Tax: $0.00
Mortgage Doc Tax: $0.00
Intangible Tax: $0.00
Phil Diamond, Comptroller
Orange County, FL
Ret To: CSC INC
ORDINANCE NO. 2019-036
(Rezoning Ordinance for Daka Property — 8807 Hackney Prairie Road)
TAX PARCEL ID: 03-22-28-0000-00-052 & 03-22-28-0000-00-101
CASE NO. RZ-19-09-11: Daka Property — 8807 Hackney Prairie Road Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"RURAL/AGRICULTURAL" TO CITY OF OCOEE R -1A, "SINGLE-
FAMILY DWELLING" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 2.13 ACRES LOCATED ON THE NORTH SIDE
OF HACKNEY PRAIRIE ROAD, APPROXIMATELY 2,683 FEET EAST
OF NORTH CLARKE ROAD, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/- 2.13 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from "Orange County" A-1 to "City of Ocoee" R -IA; 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 City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the 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 October 8, 2019, 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
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20190764714 Page 2 of 5
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
WHEREAS, on December 3, 2019, 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 +/- 2.13 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County" A-1 to "City of Ocoee" R -IA. A map of said land herein described which clearly
shows the area of the 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.
ordinances in conflict herewith are hereby repealed and rescinded.
All ordinances or parts of
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.
PA
20190764714 Page 3 of 5
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this J day 2019.
ATTEST:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this '�day of ]Drg
.C,, —, 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
0 ey
City Att
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty John ayor
ADVERTISED _&jY,0mLj 1 2019
READ FIRST TIME naLff , 2019.
READ SECOND TIME AND ADOPTED
3 2019.
UNDER AGENDA ITEM NO,
20190764714 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THE WEST 320 FEET OF THE SOUTHEAST Y4 OF THE NORTHWEST % OF THE
SOUTHWEST Y4 OF SECTION 3, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA; LESS THE NORTH'/2 THEROF; ALSO, LESS THE WEST 20 FEET
THEREOF; ALSO, LESS THE ROAD RIGHT-OF-WAY ON SOUTH
ALSO DESCRIBED AS PARCEL A AND PARCEL B AS FOLLOWS:
PARCEL A:
A PART OF THE W 320 FT OF SE1/4 OF NW1/4 OF SW1/4 (LESS N1/2 & LESS W 20 FT) &
(LESS S 30 FT FOR R/W OR 1096/596) OF SEC 03-22-28 DESC AS: COMM AT THE SE COR
OF REMINGTON OAKS PHASE 1 42/38 TH RUN N90 -00-00E 170 FT FOR POB TH CONT
N90 -00-00E 103.07 FT TH N01 -04-14W 87.11 FT TH N90 -00-00E 117.81 FT TH N00 -25-08E
163.56 TH N90 -00-00W 157.38 FT N00 -12-29E 57.85 N89 -47-22W 59.34 FT S00 -43-50W
308.74 FT TO POB. KNOWN AS PARCEL ID 03-22-28-0000-00-052
P 1 M
PARCEL B:
A PART OF THE W 320 FT OF SE1/4 OF NW1/4 OF SW1/4 (LESS N1/2 & LESS W 20 FT) &
(LESS S 30 FT FOR R/W OR 1096/596) OF SEC 03-22-28 DESC AS: COMM AT THE SE COR
OF REMINGTON OAKS PHASE 1 42/38 TH RUN N90 -00-00E 273.07 FT FOR THE POB TH
CONT N90 -00-00E 196.27 FT TH N00 -53-06E 307.64 FT TH N89 -47-22W 241.47 FT TH S00-
12 -29W 57.85 FT TH S90 -00-00E 157.38 FT TH S00 -25-08W 163.56 FT TH S90 -00-00W
117.81 FT TH S01 -04-14E 87.11 FT TO POB. KNOWN AS PARCEL ID 03-22-28-0000-00-101
E
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Daka Property - 8807 Hackney Prairie Rd
Exhibit "B" Map
Hackney Prairie Road
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