Ordinance 2008-008 Rezoning-Depaiva Parcel
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ORDINANCE NO. 2008-008
(Rezoning Ordinance For Depaiva Parcel)
DOC a 2008039!5912 B: 9723 P: 3612
07/03/2008 09:28:30 AM Page 1 of 5
Rec Fee: $44.00 Doc Type: GOVR
Martha O. Haynie, Comptroller
Orange CountY6 FL
MB - Ret To: COEE
TAX PARCEL ID # 16-22-28-0000-00-020;
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CASE NO. RZ-08-03-02: Depaiva Parcel Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL
AGRICULTURE" TO OCOEE R-IA, "SINGLE FAMILY DWELLING," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.65
ACRES LOCATED NORTH OF AND ADJACENT TO CENTURY OAK
DRIVE AND APPROXIMATELY v.a MILE WEST OF THE INTERSECTION
OF BRYCE DRIVE AND CLARKE ROAD; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; 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 ofOcoee, Florida (the "Ocoee City Commission") to
rezone said real property (the "Rezoning"); and
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WHEREAS, the Applicant seeks to rezone certain real property containing approximately
0.65 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-IA, "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, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint
Planning Area Agreement which has been amended from time to time (the "JP A Agreement");
WHEREAS, the JP A Agreement affects the future land use of the real property hereinafter
described;
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
ORLA_669493.1
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes;
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WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City ofOcoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice
thereof with respect to the Rezoning; 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 0.65 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-IA, "Single Family Dwelling;"
SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JP A Agreement.
SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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
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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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this ~day of 5 \)Nl.e. , 2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
~8Yj'/k.iA
Be ikenberry, City Clerk . r
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPRO~ AS TO F~ AND LEGALITY
ON this -J-J- day of ~ UIJ( ,2008.
ADVERTISED :5\.A.tn~ 5 ,2008
READ FIRST TIME :S-v...~~ ~, 2008.
READ SECOND TIME AND ADOPTED
~~ll ,200~1:DER
AGENDA ITEM NO. .
~:LEP;;;M
City Attorney
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EXHIBIT "A"
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Legal Description:
Parcel 1
From the Northwest corner of Section 16, Township 22 South, Range 28 East, run thence South
0015' East along the West line of Section 16, 1342.2 feet; thence North 89053' East 1361.58 feet;
thence North 0002' West, 674.2 feet for the Point of Beginning; run North 002' West to the lake,
thence back to the Point of Beginning; thence South 89047' East 100 feet; thence North 0002' West
to the lake; thence Northwesterly along the water's edge of said lake to the first described point;
thence South 0002' East to the point of Beginning; all in Section 16, Township 22 South, Range 28
East, Orange County, AND:
Parcel 2
From the Northwest corner of Section 16, Township 22 South, Range 28 East, run thence South
0015' East along the West line of Section 16, 1342.2 feet, thence North 89053' East 1361.58 feet;
thence North 0002' West 674.2 feet; thence South 89047' East 100 feet for the Point of Beginning,
thence South 89047' East 50 feet; thence North 0002' West to the lake; then Northwesterly along the
water's edge of said lake to a point North 0002' West of the Point of Beginning; thence run to the
Point of Beginning.
Access Strip:
Parcel "A" of Silver Glen Phase 2, Village 1 as recorded in Plat Book 32, Pages 117 through 118 of
the Public Records of Orange County, Florida, more particularly described as follows:
Begin at the Southeast corner of Lot 32 of said Silver Glen Phase 2, Village 1; thence north
14051 '57" East, a distance of 109.30 feet along the Southeasterly line of said Lot 32 to a point on
the Northerly line of said Silver Glen Phase 2, Village 1; thence South 89029'40" East, a distance of
20.65 feet along said Northerly line to the Northwesterly line of Lot 33 of said Silver Glen Phase 2,
Village 1; thence South 14051' 57" West, a distance of 114.46 feet along said Northwesterly line to a
point on the Northwesterly right of way line Century Oak Drive, said point being a point on a
nontangent curve concave Southwesterly having a radius of 4,604.11 feet, a central angle of
00014'56", and a chord bearing and distance of north 75001 '27" West, 20.00 feet; thence
Northwesterly along the arc of said curve 20.00 feet to the POINT OF BEGINNING.
Containing 2,238 square feet, more or less.
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E H BIT "B"
MAP OF AREA
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