HomeMy WebLinkAbout2020-035 Flores Property 720 N. Lakewood Ave. - RezoningDOC # 20200605815
11/18/2020 14:57 PM Page 1 of 5
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ORDINANCE NO.2020-035 Phil Diamond, Comptroller
(Rezoning Ordinance for Flores Property — 720 N. Lakewood Ave) Orange County, FL
Ret To: CSC INC
TAX PARCEL ID: 18-22-28-0000-00-066
CASE NO. RZ-20-07-07: Flores Property — 720 N. Lakewood Ave. 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 +/- 7.51
ACRES LOCATED TO THE NORTH OF LYMAN STREET AND SOUTH
OF WURST ROAD AND DIRECTLY WEST OF LAKEWOOD AVENUE,
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
+/- 7.51 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-1A; 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 +/- 7.51 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-lA. 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 jay of , 2020.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM_ AND LEGA ITY
this -? day of , 2020.
SHUFFIELD LO
By:
CiVAttorn
& WILSON, P.A.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johns a or
ADVERTISED Zg4MM&r, // , 2020
READ FIRST TIME A/� V, ,3 , 2020.
REAtD SECOND TIME AND ADOPTED
-AMaber / 7 52020.
UNDER AGENDA ITEM NO. _10
20200605815 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE NORTH 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE RUN S89"56'20W,
ALONG THE NORTH LINE OF THE SAID NORTH 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4, 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF N. LAKEWOOD AVE.;
THENCE RUN S00'20'31"E, 150.00 FEET TO THE SOUTH LINE OF THE NORTH 150.00 FEET
OF SAID NORTH 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, TO THE POINT OF
BEGINNING; THENCE CONTINUE S00'20'31"E, ALONG SAID WEST RIGHT OF WAY LINE,
161.18 FEET, TO THE SOUTH LINE OF SAID NORTH 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4: THENCE RUN S89'40'45"W, ALONG SAID SOUTH LINE, 1302.54 FEET, TO
THE WEST LINE OF SAID NORTH 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE RUN N00'28'24"W, ALONG SAID WEST LINE, 317.09 FEET, TO THE NORTH LINE
OF SAID NORTH 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN
N89'56'20"E, ALONG SAID NORTH LINE, 676.27 FEET, TO THE WEST LINE OF THE EAST
657.00 FEET OF SAID NORTH 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE RUN S00'20'31"E, ALONG SAID WEST LINE, 150.00 FEET, TO THE
AFOREMENTIONED SOUTH LINE OF THE NORTH 150.00 FEET; THENCE RUN N89"56'20"E,
ALONG SAID SOUTH LINE, 627.01 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 7.237 ACRES MORE OR LESS.
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EXHIBIT "B"