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Ordinance 2010-006 Oak Level Heights Rezoning i-n \ ORDINANCE NO. 2010-006 (Rezoning Ordinance for Oak Level Heights Parcel) TAX PARCEL ID #s 05-22-28-6052-04-011; 05-22-28-6052-04-020; 05-22-28-6052-04-030 05-22-28-6052-04-190 05-22-28-6052-04-200 05-22-28-6052-04-210 05-22-28-6052-04-220 DOC~ 20100304819 B: 10051 P: 1695 OS/27/2010 09:43:36 AM Page 1 of 5 Rec Fee: $44.00 Martha O. Haynie, Comptroller Orange CountY6 FL MB - Ret To: COEE IIII ~t\b~\~~r~l,~~11111 CASE NO. RZ-I0-03-02: Oak Level Heights Property Block "D" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-l, "SINGLE FAMILY DWELLING," ON CERT AIN REAL PROPERTY CONTAINING APPROXIMATELY 1.34 ACRES LOCATED ON THE WEST SIDE OF ADAIR STREET, BETWEEN 2ND AVENUE AND 3RD AVENUE 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, haye 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 1.34 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-l, "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(8) of the JPA 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 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 13, 2010 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 ff\R-J 1 ~ , 2010 the Ocoee City Commission held a de novo advertised public hearing~ 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 1.34 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-I, "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 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. 2 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 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 ~ day of N\C4j ,2010. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ~J: S5k {j~L S. Scott Vandergrift, Mayor (SEAL) ADVERTISED (V\~ ~ ,2010 READ FIRST TIME MCUj ~ ,2010. READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONt.' BY THE CIT'!' Of' OCOEE :::/ifffifi;5 City Attorney N\llj l 8' Under Agenda Item No. -3b ,2010. 3 ,------ EXHIBIT "A" Legal Description: Lots 1,2,3, 19,20,21, and 22, all in Block "D", OAK LEVEL HEIGHTS, according to the Plat thereof, as recorded in Plat Book "L", Page 31, of the Public Records of Orange County, Florida. Being more particularly described as follows: Begin at the Southeast Comer of Block "D", OAK LEVEL HEIGHTS, according to the Plat thereof, as recorded in Plat Book "L", Page 31, of the Public Records of Orange County, Florida; Thence run N.89044'29"W. along South Line of Block "D", said line also being the North Right-of-way Line of3rd Avenue, for a distance of220.00 feet to the Southwest Comer of Lot 19, Block "D", Thence N.00037'40''E along the West line of Lot 19, Block "D" for a distance of 152.02 feet to the Northwest Comer of Lot 19, Block "D"; Thence S.89034'26"E. along the North Line of Lot 19, Block "D" for a distance of 55.00 feet to the Northeast Comer of Lot 19, Block "D", said point being the Southwest Comer of Lot 3, Block "D"; Thence N.00037'40''E. along the West Line of Lot 3, Block "D" for a distance of 151.89 feet to the Northwest Comer of Lot 3, Block "D"; Thence S.89026'21"E. along the North Line of Block "D", said line also being the South Right- of-way Line of 2nd Avenue, for a distance of 165.00 feet to the Northeast Comer of Block "D"; Thence S.00037'40''W. along the East Line of Block "D", said Line also being the West Right-of-way Line of Adair Street, for a distance of 303.00 feet to the Point of Beginning. 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