Ordinance 2007-009 Rezoning for Sonntag Parcel
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ORDINANCE NO. 2007-009
(Rezoning Ordinance for Sonntag Parcel)
INSTR 2007040748~
OR BK 09314 PG 3362 PGS=5
MARTHA O. HAYNIE, LOM~lROLLER
ORANGE COUNTY, fL
~6/21/2~07 02:11:03 PM
REC FEE 44.00
TAX PARCEL ID #s 21-22-28-0000-00-007
CASE NO. RZ-07-01-05: Sonntag Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE Rl-AA, "SINGLE-FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.85 ACRES LOCATED SOUTH OF AND
ADJACENT TO WHITE ROAD AND APPROXIMATELY 1,300 FEET
WEST OF 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 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 0.85 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 Rl-
AA, "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 JP A Agreement, the City has
the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
ORLA_ 443201 .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 April 10, 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 , 2007 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 0.85 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agriculture," to Ocoee Rl-AA, "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
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ORLA _ 443201.1
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 \5rt\day of \(Y'12:t..f-,2007.
"-::----.,
APPROVED:
CITY OF OCOEE, FLORIDA
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S. Scott Vandergrift, Mayofj
ATTEST:
(SEAL)
ADVERTISED '(Y'\aj ~ ,2007
READ FIRST TIME ~"'.:~ \ , 2007.
READ SECOND TIME A ADOPTED
,V\GA.\ \ i)' I
Under Agenda Item NO: \ ,
,2007,
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO F9RM AND ~ALITY
This Kday of '7 ,2007.
FOLEY ~DNE~
By: (w ~
City Attorney
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ORLA_ 443201.1
Exhibit "A"
The North 208.71 feet of the West 208.71 feet of the East Y4 of the Southwest Y4 of the
Northwest Y4 of Section 21, Township 22 South, Range 28 East, lying South of WHITE ROAD,
Orange County, Florida, being more particularly described as follows:
BEGIN at the Northeast Comer of Lot 6, THE HAMMOCKS, according to the Plat
thereof, as recorded in Plat Book 24, Page 49, Public Records of Orange County, Florida, run
thence along the South Right-of-Way line of WHITE ROAD (a 60' Public Right-of-Way), North
89043' 36" East, a distance of 208,71 feet to a point; thence departing said South Right-of- Way
line, South 00016'26" East, parallel to the East line of the aforementioned Plat of THE
HAMMOCKS, a distance of 178.71 feet to a point; thence parallel with said South Right-of-
Way line, South 89043'36" West, a distance of 208.71 feet to a point on the East line of the
aforementioned Plat of THE HAMMOCKS; thence along said East line, North 00016'26" West,
a distance of 178.71 feet to the above described POINT OF BEGINNING.
Said Property containing 37298,56 square feet, 0.856 acres more or less.
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ORLA_ 443201.1
Exhibit "B"
Sonntag Annexation and Rezoning
Surrounding Property Location Map
LAKE OL YMPIA
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