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Home My WebLink About2021-043 Linzey Property - 5024 Adair St. - RezoningORDINANCE NO.2021-043 (Rezoning Ordinance for 5024 Adair Street -- Linzey Property) TAX PARCEL ID: 05-22-28-6052-08-010 DOC # 20210508178 08/19/2021 12:18 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-21-06-23: 5024 Adair Street -- Linzey Property Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 CITRUS RURAL DISTRICT TO CITY OF OCOEE R-1 SINGLE-FAMILY DWELLING ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.38 ACRES LOCATED APPROXIMATELY 1075 FEET SOUTH OF CLARCONA OCOEE ROAD AT THE SOUTHWEST INTERSECTION OF ADAIR STREET AND 4TH 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 0.38 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 Plata 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 July 13, 2021, 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 Conu-nission that the zoning classification of said real property be rezoned as requested by the 20210508178 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 August 17, 2021, 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 0.38 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. 20210508178 Page 3 of 5 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. op - PASSED AND ADOPTED this ff day of '2021. ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ^?`+if day of A:!Ja , 2021. SHUFFIELD LOWMAN & WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA Rusty John, , Mayor ADVERTISED y¢ '2021 READ FIRST TI , 2021. READ SECOND TIME AND ADOPTED y` / g , 2021. UNDM AGENDA ITEM NO. 20 20210508178 Page 4 of 5 EXHIBIT "A" LEGAL. DESCRIPTION LOT I & 2, BLOCK H, OAK LEVEL HEIGHTS, ACCORDING TO TILE PLAT THEREOF RECORDED IN PLAT BOOK L, PAGE 31, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 20210508178 Page 5 of 5 Exhibit B Location Map ira Avenue c/) icaria rive 0 A4mc�Adl -� en e 0 5f venue