HomeMy WebLinkAbout2020-031 Callejas Property 506 2nd Street - RezoningORDINANCE NO.2020-031
(Rezoning Ordinance for Callejas Property — 506 2nd Street)
TAX PARCEL ID: 17-22-28-3624-02-010
DOC # 20200605825
11/18/2020 15:02 PM 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-20-09-12: Callejas Property — 506 2"d Street Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1,
"SINGLE FAMILY" TO CITY OF OCOEE R-1, "SINGLE FAMILY" ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.59
ACRES LOCATED TO THE NORTH OF EAST SILVER STAR ROAD,
SOUTH OF CENTER STREET AND DIRECTLY WEST OF 2ND 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
+/- 0.59 acres, more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof, from "Orange County" R-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 October 13, 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
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WHEREAS, on November 17, 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 +/- 0.59 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County"
R-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.
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SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this ff day of , 2020.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnso or
;(SEAL)
ADVERTISED 1�Dyemher 6- , 2020
READ FIRST TIME A/�y, 3 , 2020.
READ SECOND TIME AND ADOPTED
h6yem b e r / 7 , 2020.
UNDER AGENDA ITEM NO. c_
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEG41,ITY
this j day of C�N/ , , 2020.
SHUFFIELD LOWMAN��& ILSON, P.A.
By.
City omey
20200605825 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1 and 2 and the East 55 Feet of Lot 23, Block B, HILLCREST HEIGHTS and Lot 3 and
The East 55 Feet of Lot 22, Block B, HILLCREST HEIGHTS, according to the plat thereof as
Recorded in Plat Book M, Page 98 of the Public Records of Orange County, Florida.
a/k/a: 506 2nd Street, Ocoee, Florida 34761
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EXHIBIT "B"
506 2nd Street - Callejas Property
Location Map
-T I I I I I I I I I I I I
Center Street
m
m
L
vI
r
Nay Avenue
N
C
Q
L
E SiiverStar Road