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2019-018 Homes in Partnership 340 13th Avenue - RezoningDOC # 20190382823 06/21/2019 12:32 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 ORDINANCE NO. 2019-018 Intangible Tax: $0.00 (Rezoning Ordinance for Homes in Partnership- 340 13t' Avenue) Phil Diamond, Comptroller Orange County, FL TAX PARCEL ID: 08-22-28-5956-10-020 Ret To: CSC INC CASE NO. RZ-17-08-08: Homes in Partnership - 340 1311' Avenue Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 TO CITY OF OCOEE R -I ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.17 ACRES LOCATED ON THE SOUTH SIDE OF 13-1`1 AVENUE, WEST SIDE OF PETERS 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. 17 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" R-2 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 "O'coce 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 April 9, 2019, 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 20190382823 Page 2 of 5 WHEREAS, on June 18, 2019, 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 +/- 0.17 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County" R-2 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. 2 20190382823 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 da of , 2019. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie:Sibbitt, City Cjerk Rusty Johnson, Vayor (SEAk) ADVERTISED , 2019 READ FIRST TIME , 2019. READ SECOND TIME AND ADOPTED Uy�,G /e , 2019. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this MV- day of 3vr4U , 2019. SHUFFIELD LOWMAN & WIL`SOONN, P.A. By: - \ City Att ey 20190382823 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION LOT 2, BLOCK 10, NORTH OCOEE ADDITION NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK O, PAGE 68, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA v 15th Avenue N� 20190382823 Page 5 of 5 EXHIBIT "B" LOCATION MAP 13th Avenue Wurst Road Little Aspen Court New Meadows Court Little Rock Court