Ordinance 2009-007 Rezoning of Hopper Property
ORDINANCE NO. 2009-007
(Rezoning Ordinance For Hopper Parcel)
B' 9865 p: 6753
DOC .. 20090~~~~r1 PM 'Page 1 of 5
04/30/2009$41200 . Doe Type: GOVR
Ree Fee: H' ie Comptroller
Martha O. ayn FL
Orange Coun~Y6COEE
i~1 j~jli~~\i'~I~11 III
TAX PARCEL ID # 17-22-28-0000-00-006;
CASE NO. RZ-08-11-10: Hopper Parcel Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-l, "LOW
DENSITY RESIDENTIAL" TO OCOEE R-1AA, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.24 ACRES LOCATED LOCATED NORTH SIDE OF
SILVER STAR ROAD AND SOUTH OF REWIS STREET., y.. EAST,
NORTHEAST OF THE INTERSECTION OF BLUFORD ROAD AND
SILVER STAR 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
WHEREAS, the Applicant seeks to rezone certain real property containing approximately
1.24 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County R-l, "Low Density Residential," to Ocoee R-lAA, "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
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, of the Property described in Exhibit" A" containing approximately 1.24 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-l,
"Low Density Residential," to Ocoee R-lAA, "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 fmds
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 Pfx\ \ ,2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
~~3et ~,~~.
S. Scott Vandergrift, MaYdt
(SEAL)
City Attornp.y
ADVERTISED ~ .2009
READ FIRST TIM . t=,2009.
READ SECOND TIM D ADOPTED
~~.\ \ '2\ ,2009 UNDER
AGE DA ITEM NO. \ 2 ~
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EXHIBIT "A"
Legal Description:
Commence at the Northwest corner of the Southeast 1,14 of the northwest 1,14 of Section 17, Township
22 South, Range 28 East Orange County Florida, run North 000 00'00" West along the West line of
Second Addition to Lakeview, according to the plat thereof, as recorded in Plat Book "L" Page 136,
Public Records of Orange County, Florida, a distance of 357.47 feet to a point on the Southerly
right of way line of an existing railroad right of way; thence run South 670 39' 25" West along said
Southerly right of way line a distance of 207.23 feet to the Point of Beginning; thence continue
South 670 39' 25" West along Southerly right of way line a distance of 387.00 feet; thence leaving
said Southerly right of way line, run South 320 55' 00' East 152.59 feet; thence run North 670 39'
25" East 328.32 feet; thence run North 10046' 47" West 153.11 feet to the Point of Beginning.
Containing 1.24 acres more or less.
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EXHIBIT "8"
I