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Home My WebLink About2013-031 City Property Future Retention Pond Wurst Road - RezoningDOCO 20140023574 B: 10689 P: 8438 01/15/2014 09:22:52 AM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller Orange County FL ORDINANCE NO. 2013 -031 MB - Ret To: OCOEE (Rezoning Ordinance - City Property Future Retention Pond Wurst Road) TAX PARCEL ID # 09- 22 -28- 0000 -00 -007 CASE NO. RZ- 13- 11 -11: AN ORDINANCE. OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1, "LOW AGRICULTURE" TO OCOEE A -1, "AGRICULTURE," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.13 ACRES ON THE SOUTH SIDE WURST ROAD AND AJACENT TO THE RAIL ROAD RIGHT -OF -WAY, APPROXIMATELY 250 FEET WEST OF THE INTERSECTION OF WURST ROAD AND AD MIMS 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 "Appiicant ") 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 1.13 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A -1, "Agriculture," to Ocoee A -], "Agriculture;" 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 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 1.13 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -1, "Agriculture," to Ocoee A -1, "Agriculture," 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. SEC'T'ION 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. passage and adoption. EFFECTIVE DATE "This Ordinance shall take effect immediately upon PASSED AND ADOPTED this day of -� 2014. ATTEST: �Z Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY on this 1 7 ' 1 day of ? 20_ft. SHUFFIELD, LOWMAN & WILSON P.A. By: Scott oks ity Attorn APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED DECEMBER 26 , 2013. READ FIRST TIME DECEMBER 17 , 2013 READ SECOND T1ME AND ADOPTED JANUARY 7 2014 UNDER AGENDA ITEM NO. . EXHIBIT "A" COMMENCE AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.00 0 17'55 "W. ALONG THE WEST LINE OF THE SOUTHWEST '/4 OF SAID SECTION 9, 1103.62 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY FOR THE SEABOARD COAST LINE RAILROAD AND THE POINT OF BEGINNING; THENCE CONTINUE N.00 1 17'55 "W., 231.65 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF SAID SECTION 9; THENCE RUN S.89 0 58'55 "E. ALONG SOUTH LINE OF THE NORTHWEST % OF THE SOUTHWEST '/4 OF SAID SECTION 9, 263.51 FEET TO A POINT ON THE SAID NORTHERLY RIGHT -OF -WAY LINE FOR THE SEABOARD COAST LINE RAILROAD SAID POINT LYING ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 4906.09 FEET, A CHORD BEARING OF S.62 0 01'58 "W, A CHORD DISTANCE OF 39.06 FEET, THENCE RUN SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 27'22" AN ARC DISTANCE OF 39.06 FEET TO THE END OF SAID CURVE; THENCE RUN S.61 0 23'25 "W. ALONG SAID NORTHERLY RIGHT -OF -WAY OF THE ATLANTIC COASTLINE RAILROAD, 445.45 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 1.13 ACRES ±. 4 Exhibit "B" Location Map CL ,e / -----------------------