Ordinance 2007-005 Rezoning McCully Parcel
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ORDINANCE NO. 2007-005
(Rezoning Ordinance for McCully Parcel)
INSTR 20070290943
OR BK 09243 PG 3786 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
05/04/2007 08:15:03 AM
r';:EC FEE:. 44.00
T AX PARCEL ID #s 08-22-28-0000-00-050
CASE NO. RZ-07-01-04: McCully Parcel
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," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.8 ACRES LOCATED WEST OF AND ADJACENT
TO ADAIR STREET AND APPROXIMATELY 155 FEET NORTH OF
VIGNETTI PARK 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 containing
approximately 0.8 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee
R-1, "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 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 "JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to immediately
ORLA_ 437975.1
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 h(~ J ~ , 2007 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 Applicant, and that the Ocoee City Commission finds that the Rezoning
requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on nO' 11, 2007 the Ocoee City Commission held a de novo
advertised public hearing ith 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 0.8 acres located
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." 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
2
ORLA_ 437975.1
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.
PASSED AND ADOPTED this \Jni day Of~, 2007.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
()
~' "U/
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ~f;.t. 5 ,2007
READ FIRST TIME' Aorl\ ~ ,2007.
READ SECOND TIM~D ADOPTED
Apt\ t \(
Under Agenda Item No. \:;).. "
,2007.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
ASTOFORMAND~?t{LITY
This J1- day of'. , 2007.
::LEYf;1~itJJ)
City Attorney
3
ORLA_ 437975.1
Exhibit "A"
BEING PART OF THE NORTH % OF: COMMENCE FROM THE NE CORNER
OF THE NW % OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, RUN SOUTH 00026'12" EAST ALONG THE
EAST LINE OF SAID NW % FOR 787.46 FEET; THENCE RUN N 89005'3TW
FOR 25.01 FEET TO THE WEST LINE OF ADAIR ROAD AND THE P.O.B.
FROM SAID P.O.B. CONTINUE N 89005'3TW FOR 570.13 FEET; RUN
THENCE N 00036'12" W 277.93 FEET; THENCE N 89005'37"E FOR 570.13
FEET TO THE AFORESAID DESCRIBED WEST LINE OF ADAIR ROAD;
THENCE SOo036'12"E 277.93 FEET TO THE P.O.B. ORANGE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(LESS THE FOLLOWING PORTION :)
FOR A P.O.B. BEGIN AT SE CORNER OF AFORSAID DESCRIBED
PROPERTY; THENCE RUN N 89005'37"W 570.13 FEET; THENCE N
00036'12'W 138.97 FEET; THENCE S 89005'37"E 275.06 FEET; THENCE
SOo036'12"E 118.97 FEET; THENCE S 89005'37"E 295.07 FEET; THENCE
SOo036'12"E 20 FEET TO THE P.O.B.
SAID PARCEL CONTAINING 0.8 ACRES MORE OR LESS.
EXHIBIT "B"
McCully Annexation and Rezoning
Location Map
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