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HomeMy WebLinkAbout2020-035 Flores Property 720 N. Lakewood Ave. - RezoningDOC # 20200605815 11/18/2020 14:57 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 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 20200605815 Page 2 of 5 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. 20200605815 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 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. 20200605815 Page 5 of 5 EXHIBIT "B"