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Home My WebLink About2012-019 Wild Parcel RezoningDOCO 20120686350 B: 10495 P: 4878 12/27/2012 11:43:38 AM Page 1 of 5 Ree Fee: $44.00 Martha 0. Haynie, Comptroller Orange County FL ORDINANCE NO. 2012-019 M8 - Ret To: 6cOEE (Rezoning Ordinance For Wild Parcel) 1111 TRAW, ��'IIII TAX PARCEL ID # 17-22-28-0000-00-025; CASE NO. RZ- 12- 09 -07: Wild Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -19 "RESIDENTIAL DISTRICT" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY .83 OF AN ACRE, LOCATED ON THE EAST SIDE OF 1ST STREET, APPROXIMATELY 900 FEET SOUTH OF 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 .83 acre, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R -1, "Residential District," to Ocoee R -lA, "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 491 -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(13) 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; 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 16' 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 .83 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R -1, "Residential District," to Ocoee R -1 A, "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. 2 SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this JZt day of ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE APPROVED AS TO FORM AND LEGALITY C� this P�day of �CG . , 201Z Shuffieid, Lowman & Wilson, P.A. By: �.. city tt0 ey APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED l, (r� , 2012 READ FIRST TIME _ , 2012. READ SECOND TIME A D ADOPTED 2012 UNDER AGENDA ITEM NO. , r, EXHIBIT "A" LEGAL DESCRIPTION: THE NORTH 83 FEET OF THE SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING EAST OF STARKE LAKE, ORANGE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTHERLY ALONG THE EAST LINE OF THE SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, FOR A DISTANCE OF 83 FEET; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17 FOR A DISTANCE OF 434 FEET, MORE OR LESS, TO THE WATERLINE OF STARKE LAKE; THENCE NORTHERLY ALONG SAID WATERLINE FOR A DISTANCE OF 83 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE SAID SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17; THENCE EASTERLY ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 441 FEET, MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.83 ACRES OF LAND, MORE OR LESS. 4 EXHIBIT "B"