Ordinance 2007-011 Rezoning for Rogers Park Parcel
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ORDINANCE NO. 2007-011
(Rezoning Ordinance for Rogers Park Parcel)
INSTR 20070407490
OR BK 09314 PG 3367 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUN1Y, FL
06/21/2i07 02:11:03 PM
REC FEE. 44.00
TAX PARCEL ID #s 07-22-28-0000-00-023
CASE NO. RZ-07-01-03: Rogers Park Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"GENERAL AGRICULTURE" TO OCOEE R1-AA, "SINGLE-FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND
ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND
APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS 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 37.12 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
R1-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_ 443196.1
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 37.12 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 ofthe 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_ 443196,1
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 \51ltdayof ~")'\:,__ \_, 2007.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED \l\.?\t '3" \ C) , 2007
READ FIRST TIME (11~ h ,2007.
READ SECOND TIME A 1\ OPTED
\"'\'\C?\.k \ C;- ,2007.
Under Agenda em No)' d-
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND ~ALITY
This 1.r5 day Of! ,2007.
FOLEY"'LARjNER '::Jtj
By: Vtuvf { ~
City Attorney
3
ORLA_443196.1
EXHIBIT" A"
[Legal Description]
Parcell:
A Parcel of land lying in the Southeast Y4 of Section 7, Township 22 South, Range 28 East,
Orange County, Florida: being more particularly described as follows:
Beginning at the Northwest comer of the Southeast Y4 of said Section 7; thence along the North
line of the Northwest Y4 of the Southeast Y4 of said Section 7 North 86056' 10" East, 1,310.03 feet
to the East line of said Northwest Y4: thence along said East line South 00031' 51 " West, 1,398.44
feet to the Southeast comer of said Northwest Y4: thence along the East line of the Southwest Y4
of the Southeast Y4 of said Section 7 South 00031'51" West, 355.17 feet to the Southeast comer
of the lands described in Official Records Book 5067, Pages 764-765; thence along the Southerly
boundary of said lands the following three (3) courses and distances (1) North 89035'48" West,
592,60 feet; thence (2) North 01006'44" East, 37.61 feet; thence (3) South 87037'29" West,
726.40 feet to the Easterly right of way line of State Road Number 437; thence along said
Easterly right of way line North 00048'40" East, 322.00 feet; thence departing said Easterly right
of way line and along the Westerly boundary of said lands the following six (6) courses and
distances (1) North 88029'43" East, 489.51 feet; thence (2) North 01004'18" East, 345.22 feet;
thence (3) North 88006'20" East, 248.67 feet; thence (4) North 01004'18" East, 652.77 feet;
thence (5) South 87043' 51" West, 523.06 feet; thence (6) North 31010'03" West, 411.03 feet to
the POINT OF BEGINNING.
Together with:
Parcel 2:
A Parcel of land lying in the Southeast Y4 of Section 7, Township 22 South, Range 28 East,
Orange County, Florida: being more particularly described as follows:
Commence at the monumented center of Section 7, being a 1 1/4" iron pipe, thence along the
West line of the Southeast Y4 of said Section 7 South 01004' 18" West, 1,672,03 feet; thence
departing said West line South 88055'42" East, 5.55 feet to a point on the Easterly right-of-way
line of State Road 437, per FDOT right-of-way map Section #75180, said point also being the
POINT OF BEGINNING; thence along the Southerly line of the lands described in Official
Records Book 5067, Pages 764-765 the following three (3) courses and distances (1) North
87037'29" East, 726.40 feet; thence (2) South 01006'44" West, 37.61 feet; thence (3) South
89035'48" East, 592.60 feet to the East line of the Southwest Y4 of the Southeast Y4 of said
Section 7; thence along said East line South 00031' 51 " West, 57.88 feet to the Northerly line of
the lands described in Official Records Book 6013, Pages 3302-3303 and Official Records Book
5279, Pages 4545-4546; thence along said Northerly line the following three (3) course and
distances (1) South 89055'44" West, 590.73 feet; thence (2) North 00004'16" West, 37.61 feet;
thence (3) South 89055'44" West, 726.80 feet to said Easterly right-of-way line; thence along
said Easterly right-of-way line North 00048'40" East, 33.58 feet to the POINT OF BEGINNING.
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ORLA_ 443196.1
Exhibit "B"
Roger's Property Annexation and Rezoning
Location Map
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