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2015-005 Michael Swatkowski Property - RezoningDOCU 20150144651 B: 10892 P: 7686 03/23/2015 11:17:34 AM Page 1 of 5 Rec Fee: $44.00 Martha 0. Haynie, Comptroller ` Orange County FL ORDINANCE NO. 2015-005 MB - Ret To: 6cOEE (Rezoning Ordinance For Michael Swatkowski) i 'III I TAX PARCEL ID # 18- 22 -28- 7900 -06 -006 . II II I CASE NO. RZ- 12- 04 -02: Michael Swatkowski Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1, "AGRICULTURE" TO OCOEE A -1, "AGRICULTURE," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.01 ACRES LOCATED ON THE NORTH SIDE OF LEE STREET, 200 FEET EAST OF THE INTERSECTION OF N KISSIMMEE AVE AND LEE STREET; 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 0.31acres, 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 -1, "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(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 5.01 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. 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 _a day ofi(Y' , 2015. ATTEST: APPROVED: 3 CITY OF OCOEE, FLORIDA CZ554- A�E S. Scott Vandergrift, Aayor ADVERTISEDV'�(XVV -VA �5 , 2015 READ FIRST TIME , 2015. READ SECOND TIME AND A OPTED 2O(,- - � \:] , 2015 UNDER AGENDA ITEM NO. Lp rn , SKETCH OF DESCRIPTIOIV [EXHIBIT A DESCRIPTION: THE EAST 234 FEET OF THE WEST Y2 OF BLOCK F, SEEGAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK L, PAGE 122, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF BLOCK F, SEEGAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK L, PAGE 122, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN N89'42'00 "E ALONG THE THE SOUTH LINE OF SAID BLOCK F, 216.50 FEET TO THE WEST LINE OF THE EAST 234 FEET OF THE WEST Y2 OF SAID BLOCK F, FOR THE POINT OF BEGINNING; THENCE RUN N00'00'00 "E ALONG SAID WEST LINE, 933.00 FEET TO THE NORTH LINE OF SAID BLOCK F; THENCE RUN N89'42'00 "E ALONG THE NORTH LINE OF SAID BLOCK F, 234.00 FEET TO THE EAST LINE OF THE WEST Y2 OF SAID BLOCK F; THENCE RUN S00'00'00 "E ALONG SAID EAST LINE, 933.00 FEET TO THE SOUTH LINE OF SAID BLOCK F; THENCE RUN S89'42'00 "W ALONG SAID SOUTH LINE, 234.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5.01 ACRES, MORE OR LESS. I 216.50' I I I I I I 1V I \� V 0 O Y i+j 0 I m W I THE SOUTH LINE OF BLOCK F, AS BEING N89'42'00 "E, ASSUMED. N 89'42'00" E N. LINE BLOCK F 234.00' - - - -- 450.50' - - - -� I— z W O O O Y O w� O 0 tD Z N Z O V O 120 I 0� N SURVEYOR'S NOTES: I O w 1. THE SURVEYOR DID NOT PERFORM AN of w 1 w O ABSTRACT OF TITLE, THE ABOVE REFERENCED 0 w PROPERTY MAY BE SUBJECT TO ADDITIONAL I- z EASEMENT, RIGHTS -OF -WAY AND RESTRICTIONS I zo OF RECORD, IF ANY. 2. THIS IS NOT A BOUNDARY SURVEY. 3. REPRODUCTION OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE V—, ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. as a2'oo' E 4. BEARINGS SHOWN HEREON ARE BASED ON 216.50' THE SOUTH LINE OF BLOCK F, AS BEING N89'42'00 "E, ASSUMED. N 89'42'00" E N. LINE BLOCK F 234.00' - - - -- 450.50' - - - -� 1�1 G� �o O I z 0 CL � I S 89'42'00" W _ _ _ _ _ 450.50' 234.00' S. LINE BLOCK F LEE STREET DATE: 3/8/12 1 SCALE: 1" = 100' CAL. BY: SEB DRAWN BY: SEB JOB NO. 112011 Date I Revisions ATLANTIC SURVEYING, INC. 308 S. DILLARD STREET WINTER GARDEN, FLORIDA 34787 (407) 656- 4993/FAX (407) 656 -4437 LICENSED BUSINESS #6915 STEVEN E. BLANKENSHIP P.S.M. #5361 STATE OF FLORIDA LL Y O 0 O m 0 tD U) N 0 O O 0 O 0 LL I 0� N LLJ m I N N J 03 ((o w W O z — W O O z J z w w f O w Q m o_ LL 1�1 G� �o O I z 0 CL � I S 89'42'00" W _ _ _ _ _ 450.50' 234.00' S. LINE BLOCK F LEE STREET DATE: 3/8/12 1 SCALE: 1" = 100' CAL. BY: SEB DRAWN BY: SEB JOB NO. 112011 Date I Revisions ATLANTIC SURVEYING, INC. 308 S. DILLARD STREET WINTER GARDEN, FLORIDA 34787 (407) 656- 4993/FAX (407) 656 -4437 LICENSED BUSINESS #6915 STEVEN E. BLANKENSHIP P.S.M. #5361 STATE OF FLORIDA EXHIBIT "B" Swatkowski -112 Lee Street Location Map U IPA LNU NO m.,m 5 cke� 3, 0,5 Ji -I PO rd Cc F jnkh _b'ral HIT T— FFFTI--��,