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Home My WebLink About2012-010 Hancock Property Rezoning DOCP 20120518662 B: 10448 P: 5595 09/27/2012 11:25:07 AM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller ORDINANCE NO. 2012-010 MB g Ret o To y OCOEE (Rezoning Ordinance For Hancock Parcel) TAX PARCEL ID # 17- 22 -28- 0000 -00 -119; CASE NO. RZ- 12- 07 -04: Hancock Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "LOW DENSITY RESIDENTIAL" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.04 ACRES LOCATED ON THE NORTH SIDE OF E SILVER STAR ROAD, APPROXIMATELY 900 FEET WEST OF THE INTERSECTION OF WOODSON AVENUE AND E 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 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 2.04 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R -1, "Low Density Residential," to Ocoee R -1A, "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 "JPA Agreement"); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; 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 immediately exercise municipal jurisdiction over said real property for the purposes of Part I1 of Chapter 163, Florida Statutes; WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ( "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 JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA 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 2.04 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R -1, "Low Density Residential," to Ocoee R -1A, "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 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. 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this (e, day of `j��t ��I', 2012. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA r • -t {ikenberry, City Clerk di S. Scott Vandergrift, Mayor 7- (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE ADVERTISED , 2012 APPROVED AS TO FORM AND LEGALITY READ FIRST TIME �`t��;} -7)1 , 2012. this j day of 56Pr , 20 PL, READ SECOND TIME AND ADOPTED Shuffield, Lowman & Wil n, P.A. } I l - A jc .k t , 2012 UNDER By : 414. AGENDA ITEM NO. %5 ty A orn = ` 3 Enl8BUT "A" l^ (undeveloped lot) That part of Section 17 Township 22 South, RmOe 28 East, Orange County. Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 17, run thence S00 along the West line of the Southwest 1/4 of the Northeast 1/4, a distance of 250.00 for a point of Beginning; run thence 887 a distance of 499.57 feet; thence 800 a distance of 211.79 feet; thence N89 a distance of 79.45 feet; thence 553 a distance of 84.02 feet; thence 1332 a distance of 109.84 feet to the Northerly right-of-way of Starke Lake Road (Silver Star Road)) thence 849 along said Northerly right- of-way line a distance of 55.00 feet; thence 1132 a distance of 109.84 feet; thence N16 a distance of 81.98 feet; thence N64 a distance of 98.69 feet; thence 634"48'47"W a distance of 32.90 feet; thence 855 a distance of 119.00 feet; thence M83 a distance of 114.60 feet; thence 200 a distance of 07.08 feet to said right-of-way line and to a point of curvature on a curve concave Southwesterly, having a radius of 995.37 feet, thence from a radial bearing of S25 running Northwesterly along the arc of said curve and said Northerly right-of-nay line, through a central angel of 00 a distance of 17.33 feet; thence 800 a distance of 169.60 feet to the Point of Beginning. Parcel 2: (lake lot) That part of Section 17, Township 22 South Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 17 run thence S00"00'27 along the Nest line of the Southwest 1/1 of the Northeast 1/4, a distance of 508.54 feet to the Southerly right- of-way line of Starke Lake Road (Silver Star Road) and to a point of curvature of a curve concave Southwesterly, having a radios of 915.37 feet; thence from a radial bearing of 827 run Southeasterly along the arc of said curve, through a central angle of 07 a distance of 125.75 feet for a Point of Beginning; Continue thence along the arc of said curve and said Southerly right-of-way line, through a central angel of 05 a distance of 0.18 feet to a point of tangency; thence S49"59'08"[, along said Southerly right-of-way line, a distance of 207.86 feet; thence 600 a distance of 90.10 feet; thence 831 a distance of 68 feet more or less to the waters edge of Starke Lake; thence Northwesterly along the waters edge of Starke Lake to a point, said point being S34 and a distance of 35 feet more or less [rum the Point of Beginning; thence from said y a distance of 35 feet more or less to the Point of Beginning, ' '\\( / \/ j ``` ` ____ Initialed for Identification ' . ` Stephen L. 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