HomeMy WebLinkAbout2019-030 Crews/Smeller 1557 Blackwood Avenue - Rezoning DOC # 20190617127
10/03/2019 13:14 PM Page 1
of 5
Red Fee: $44.00
ORDINANCE NO. 2019-030 Deed Doc Tax: $0.00
(Rezoning Ordinance for Crews/Smeller Property— Mortgage Doe Tax: $0.00
1557 Blackwood Avenue) Intangible Tax: $0.00
Phil Diamond, Comptroller
TAX PARCEL ID: 29-22-28-0000-00-098 Orange County, FL
Ret To: CSC INC
CASE NO. RZ-19-06-08: Crews/Smeller Property— 1557 Blackwood Avenue Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"RURAL/AGRICULTURAL" TO CITY OF OCOEE R-1, "LOW DENSITY
RESIDENTIAL" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 0.51 ACRES LOCATED ON THE EAST SIDE OF
BLACKWOOD AVENUE, SOUTH SIDE OF OLD WINTER GARDEN
ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN; 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/- 0.51 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from"Orange County" A-1 to "City of Ocoee" R-1; 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 City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No.
91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on August 13, 2019, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
20190617127 Page 2 of 5
Applicant, and that the Ocoee City Commission find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on October 1, 2019, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that
the Rezoning is consistent with the Ocoee Comprehensive Plan; 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 +/- 0.51 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County" A-1 to "City of Ocoee" R-1. A map of said land herein described which clearly shows
the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part
hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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.
20190617127 Page 3 of 5
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED thisdayof 12019.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this 1 Sr day of C)CZ , 2019.
SHUFFIELD LOWMA-N & WILSON, P.A.
By:
City
ADVERTISED,'4Wy, ,jJW /9 , 2019
READ FIRST TIM , 2019.
READ SECOND TIM AND ADOPTED
4ble%r % '2019.
UNDER AGENDA ITEM NO.
20190617127 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
FROM SW COR OF SE1/4 OF NE1/4 RUN E 60 FT N 168.22 FT FOR POB TH CONT N
122.55 FT E 178.19 FT S 122.56 FT W 177.21 FT TO POB IN SEC 29-22-28, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA
20190617127 Page 5 of 5
1557 Blackwood Avenue
Exhibit "B" Map
Q
CO0
0
Seminole Street