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Ordinance 2008-003 Rezoning-Tiger Minor Park . . 111111111111111111111111111111111111111111111111 ~II ORDINANCE NO. 2008-003 (Rezoning Ordinance for Tiger Minor Park) INSTR 20080193285 OR BK 09647 PG 1129 PGS=5 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 04/02/2008 10:58:15 AM REC FEE 4'1.00 TAX PARCEL ID #s17-22-28-6144-05-050; 17-22-28-6144-05-060; . CASE NO. RZ-07-01-01: Tiger Minor Park Rezoning :]j 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 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; 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 . WHEREAS, the Applicant seeks to rezone certain real property containing approximately 9.46 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 of Ocoee 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; . 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 JP A 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 m 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, ofthe Property described in Exhibit "A" containing approximately 9.46 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 ofthe 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 2 ORLA_669493.1 . . 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 r22 day of ~ rch ,2008. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA I...f/ If <. . , (SEAL~ l; A! ;' ,. "..,i' "", ,", .or!. ,: r.~ h,~ ,-, ,"'-. ". ~ (\ , /-,7 i :i:'i'~{"'~\"" FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROr AS TO F~ LEGALITY THIS 11f DAY OF ,2008 :~:LEff::lrrtdfj City Attorney ADVERTISED ff\tt-("l'~ ~ , 2008 READ FIRST TIME rnl1tfT.lh 4-12008. READ SECOND TIME AND ADOPTED _cy\~e.h ~ ' 2008 UNDER AGENDA ITEM NO. to ~ 3 ORLA_669493.1 . . EXHIBIT "A" PARCEL 17-22-28-6144-05-050 Lots 5,6 and 7 of block "B" as recorded in plat Book A Pages 1 00 and 1 01 of the public records of Orange County, Florida, A parcel of land lying in the Northwest 1/4 of Section 20, Township 22 South, Range 28 East of Orange County, Florida being more particularly described as follows; Commencing at the West 1/4 corner of said Section; thence S89%%D05'53"E, along the South line of the Northwest 1/4 of said section a distance of 1661.47 feet to the Southeast corner of lot 130 Prima Vista, as recorded in Plat Book 4 Page 130 of the public records of Orange County, Florida; thence NOO%%D37'03"W, along the East line of Prima Vista a distance of 30.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said East line NOO%%D37'03'W, a distance of 793.58 feet; thence N89%%D58'04"E, a distance of 532.94 feet to a point on the West line of Harbour Highlands 1\ as recorded in Plat Book 17 Page 80 of the public records of Orange County, Florida; thence SOO%%D34'17"E, along said West line a distance of 334.03 feet; thence continue SOO%%D34'17"E, along the southerly extension of said West line a distance of 30.00 feet to the South Right-of-Way line of Jackson Street per said plat of Harbour Highlands 1\; thence S89%%D34'17"E, along said South Right-of-Way a distance of 433.17 feet to the East Line of Lot 7 of Block 5 of Map of Ocoee, as recorded in Plat Book "A" Pages 100 and 101 of the Public Records of Orange County, Florida; thence SOO%%D32'04"E, along said East Line a distance of 438.37 feet to the North Right-of-Way line of Geneva Street per said Plat of Map of Ocoee; thence N89%%D05'53'W, along said North Right-of -Way line a distance of 965.43 feet to the POINT OF BEGINNING PARCEL 17-22-28-6144-05-060 From the West 'Xt corner of Section 20, Township 22 South, Range 28 East, Orange County, Florida; Run along the South line of the Northwest 'Xt of said Section 20, S. 880 24' 16" E. 2027.65 feet; thence N 010 24' 28" E. 271.80 feet to the point of beginning; Run thence further N 010 24' 28" E. 200 feet plus or minus to a point on the North line of Lot 6, Block "5", Map of Ocoee, as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. Run thence Easterly along said North line 534.7 feet plus or minus, thence S. 010 13' 48" W. 200 feet plus or minus to a point S 880 37' 52" E of the point of beginning; run thence N 880 37' 52" W 535.37 feet to the point of beginning, Being a portion of Lots 6 and 7, Block "5", of the aforementioned map of Ocoee. 4 ORLA_6694931 . . . . I EXHIBIT "B" Tiger Minor Park Annexation and Rezoning Location Map J; I I ,----~ 0 <.9 /-.... .~ "~ ......., --c:J ..- '-...../ . -:.J' - I ~ T () :::J /---.. .~J ~.. n ~//~~ '-.. ,~ ~ ~ GE~'E~. / 0 \J , -' e \