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Home My WebLink About2020-021 Brown Property 213 Bay Street - RezoningORDINANCE NO.2020-021 (Rezoning Ordinance for Brown Property 213 Bay Street) TAX PARCEL ID: 18-22-28-0000-00-033 DOC # 20200487741 09/17/2020 10:29 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC CASE NO. RZ-20-05-04: Brown Property — 213 Bay Street Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1A, "SINGLE FAMILY" TO CITY OF OCOEE R-1A, "SINGLE FAMILY" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.30 ACRES LOCATED TO THE NORTHWEST OF WEST OHIO STREET, SOUTHWEST OF MCKEY STREET AND DIRECTLY WEST OF BAY STREET, 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 +/- 0.30 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" R-lA to "City of Ocoee" R-IA; 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 11, 2020, 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 Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and 20200487741 Page 2 of 5 WHEREAS, on September 15, 2020, 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 +/- 0.30 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County" R-lA to "City of Ocoee" R-IA. 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. 20200487741 Page 3 of 5 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this � day of � 2020. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johns yor (SEAM.) i ADVERTISED, }�m, 2020 READ FIRST TIME,§i,%yy� 2020. READ SECOND TIME AND ADOPTED 11E , 2020. UNDER AGENDA ITEM NO. // FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ! S"'i day of , 2020. CTTTTFFTF.T.D LOWMAN & WTT.SON. P.A. 20200487741 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF THE SW % OF THE SE % OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST; RUN WEST 382.3 FEET, THEN NORTH 431.6 FEET, THEN WEST 135 FEET TO POINT OF BEGINNING; NOW RUN WEST 80 FEET, THEN NORTH 60 FEET, THEN EAST 80 FEET, THENCE SOUTH 60 FEET TO THE POINT OF THE BEGINNING. :►A BEGINNING AT THE SOUTHEAST CORNER OF THE SW % OF THE SE % OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN WEST 382.3 FEET, THEN NORTH 431.6 FEET TO THE POINT OF THE BEGINNING; THENCE WEST 135 FEET, THENCE NORTH 60 FEET, THENCE EAST 135 FEET, THENCE SOUTH 60 FEET TO THE POINT OF THE BEGINNING. 20200487741 Page 5 of 5 EXHIBIT "B" 213 Bay Street Location Map Floral Street 4-1 a� a c� oa