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2013-020 Garcia Property - RezoningDOCU 20130540273 B: 10647 P: 4915 10/09/2013 11:12:01 AM Page 1 of 5 Rec Fee: $44.00 ORDINANCE NO. 2013-020 (Rezoning Ordinance For Garcia Parcel) Martha 0. Haynie, Comptroller Orange County FL MB - Ret To: UCOEE TAX PARCEL 1D # 17- 22- 28- 0000 -00 -050; CASE NO. RZ- 13- 04 -03: Garcia Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "L,OW DENSITY RESIDENTIAL" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.44 ACRES LOCATED ON THE WEST SIDE OF 3RD STREET, APPROXIMATELY 170 FEET NORTH OF THE INTERSECTION OF 3 RD STREET 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 0.44 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 -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(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to irmnediately exercise municipal jurisdiction over said real property for the purposes of Part 11 of Chapter 163, Florida Statutes: WHEREAS, the Zoning was scheduled for study and recommendation by the Plamiing 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 deterinined 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 0.44 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 -IA, "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 2 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 �� day of ATTEST: APPROVED: CITY OF OCOEE, FLORIDA r City Clerk Pc. +mn S. Scott Vandergrift, Mayo N-0 I t * SI (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE APPROVED AS TO FORM AND LEGALITY this I day of OCf , 20 Shuffield, Lowman & Wils P.A. By: ity r ey 5 ADVERTISE )`- ��-- lCi 2013 READ FIRST TIMEa, 2013. READ SECOND TIME AND ADOPTED 1 , 2013 UNDER AGENDA ITEM NO. ` YD . __ EXHIBIT "A" Legal Description THE NORTH 150.25 FEET OF THE SOUTH 356.36 FEET OF THE EAST % OF THE SOUTHEAST X OF THE NORTHEAST % OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE EAST 370 FEET THEREOF, LESS THE EAST 20 FEET FOR CENTER STREET, AND LESS THE NORTH 130.25 FEET OF THE SOUTH 356.35 FEET OF THE EAST % OF THE SOUTHEAST % OF THE NORTHEAST '/ OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE EAST 500 FEET, AND LESS THE WEST 30 FEET THEREOF, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. EXHIBIT "B" 424 3rd Street (Garcia) Annexation Location Map Nay ...... . .... 0 jd C eon- C-1 Silver S tar J;L LAKE OLvMPIA M ayor S. Scott Vandergrift City Manage Robert Frank WE FROM: DATE: Fees For Recording: I Page = $10.00 Add'1 Pages = $ 8.50 Instrument Doc Stamps Recording Costs b Poll G� ' C , � Li Total 16 �O TOTAL $ 3 Z SPECIAL INSTRUCTIONS: Please charge to the City of Ocoee, Account # 142, Pin 92363. Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel feller, District 4 CLERK /COMPTROLLER ORANGE COUNTY, FLORIDA Post Office Box 38 Orlando, FL 32802 Beth Eikenberry, City Clerk City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 (��c v.alctz c iy City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3168 • www.ocoee.org