Ordinance 2010-029 Park Square Rezoning DOCK 20100643286 B: 10130 P: 1001
11/05/2010 09:52:18 AM Page 1 of 5
Rec Fee: $44.00
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: CITY OF OCOEE
ORDINANCE NO. 2010 -029 t�'I 111
(Rezoning Ordinance for Park Square) 1111 k Y ��
TAX PARCEL ID #s 31- 22 -28- 0000 -00 -005;
CASE NO. RZ- 10- 04 -03: PARK SQUARE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1,
"GENERAL AGRICULTURE" TO OCOEE R -1AA, `SINGLE FAMILY"
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY
17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON
ROAD AND EAST OF WINDERMERE 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 annexed into
the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. Q010- ,
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 17.17 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A -1, "General Agricultural" to Ocoee R-
1AA, "Single Family;" 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 JPA Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes; and
ORLA_1629684.1
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 September 14, 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 �) 0 ' kg , 2010 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 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 17.17 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A -1, "General Agricultural" to Ocoee R -1AA, "Single Family."
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
JPA 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.
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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
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 become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this ■Q day of 0 C*obef , 2010.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
U
eth ikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE ADVERTISED QC,kber � l , 2010
CITY OF OCOEE, FLORIDA; APPROV D READ FIRST TIME QC.*ooer c� , 2010.
AS TO FORM.AND LEGALITY THIS 1 READ SECOND TIME AND ADOPTED
DAY OF 04,4� , 2010 no-Ho 1 q , 2010 UNDER
AGENDA ITEM NO. 2 Qj
FOLE LA NER LLP
By: "r4Z.r..f
City Attorney
EXHIBIT "A"
Legal Description:
A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida.
Said portion of land being more particularly described as follows:
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Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31,
per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida; thence
run North 00 °34'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson
Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said right
of way, North 89 °46'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of Jay
Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run northerly along said easterly
line, North 00 °34'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxmi Enterprises
LLC; thence continue North 00 °34'28" East, a distance of 465.00 feet to a point on the Southerly
Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run easterly
along said southerly line, South 89 °46'24" East, a distance of 660.00 feet to a point on the Westerly
Boundary Line of Tract D, per the Plat of Cresentlake, Plat Book 36, Pages 46 -47, City of Ocoee, Orange
County, Florida; thence run southerly along said westerly line, South 00 °34'28" West, a distance of
260.47 feet to the Southwest corner of said Tract D; thence continue South 00 °34'28" West, along the
Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of 864.53 feet to the Point
of Beginning.
Said lands contain 17.045 acres or 742,486 square feet, more or less.
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EXHIBIT "B"
Park Square
Location Map
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