Ordinance 2007-020 Rezoning Thomas Property
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ORDINANCE NO. 2007-020
(Rezoning Ordinance for Thomas Parcel)
INSTR 20070561368
OR BK 09405 PG 3879 PGS=5
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
08/23/2007 11:25:49 AM
REC FH. 44.00
TAX PARCEL ID #s 04-22-28-0000-00-024
CASE NO. RZ-07-04-08: Thomas Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICUL TURE" TO OCOEE A-I, "GENERAL
AGRICUL TURE," ON CERTAIN REAL PROPERTY CONT AINING
APPROXIMATELY 18.69 ACRES LOCATED EAST OF AND ADJACENT
TO LAUREN BETH AVENUE AND APPROXIMATELY 600 FEET
SOUTH OF CLARCONA OCOEE 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 18.69 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 A-
1, "General Agriculture;" 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_ 492266.1
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 June 5, 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 S LA IV ;)w, 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 V11I 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 18.69 acres located
within the corporate limits of the City ofOcoee, Florida, is hereby changed from Orange County
A-I, "General Agriculture," to Ocoee A-I, "General Agriculture." 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 ofOcoee 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-I(G) of Article V of Chapter
180 ofthe Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in contlict 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_ 492266.1
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 lmday Of~, 2007.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
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Bet-- l-'enbe;ry, City Clerk ~
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(SEAL)
ADVERTISED \f (,LIt( '^" , 2007
READ FIRST T~ 2007.
READ SECOND TIME AND ADOPTED
Un~~t:tem ~~ c.. h ' 2007
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS T<uJORM AN~GALITY
This day of J(f ,2007.
:::f:Jf~~
City ttorney
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ORLA_ 492266.1
Exhibit "A"
Legal Description.
Commence at the southwest corner of section 04, township 22 south, range 28
east; thence N8900?'17"E along the south line of the southwest quarter of section
04 ,township 22 south, range 28 east a distance of 30ft for a point of beginning;
Thence continue N8900?' 17"E along the south section line a distance of
1285.99ft; thence NOo045'12"E a distance of 659,94ft; thence S8901 0'41 "W a
distance of 1293.97ft; thence SOoo03'39"W parallel with the west line of the
southwest quarter of section 04, township 22 south range 28 east a distance of
422.54 ft; thence N8900?'17"E a distance of 203.5ft, thence SOoo03'39"W parallel
with the west line of the southwest quarter of section 04, township 22 south
range 28 east a distance of 208.5ft, thence S8900?'17"W a distance of 203.5ft,
thence SOoo03'39"W parallel with the west line of the southwest quarter of
section 04, township 22 south range 28 east a distance of 30ft to the point of
beginning.
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Exhibit "8"
Thomas Property Location Map
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