2020-029 228 Lee Street Trust Property 541 1st Street - RezoningDOC # 20200611970
11/23/2020 08:10 AM Page 1 of 5
Rec Fee: $44.00
Deed Doc Tax: $0.00
Mortgage Doc Tax: $0.00
Intangible Tax: $0.00
ORDINANCE NO.2020-029 Phil Diamond, Comptroller
(Rezoning Ordinance for 228 Lee Street Trust Property — 541 1st St.) Orange County, FL
Ret To: CSC INC
TAX PARCEL ID: 17-22-28-3624-03-160
CASE NO. RZ-20-09-09: 228 Lee St. Trust Property — 541 1st Street
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 +/- 0.19
ACRES LOCATED TO THE THE NORTH OF EAST SILVER STAR ROAD
AND SOUTH OF CENTER 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
+/- 0.19 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
20200611970 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 +/- 0.19 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.
20200611970 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 lV'd'ay of & L r , 2020.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnso yor
(SEAL)
ADVERTISED Alkemher J5 , 2020
READ FIRST TIME I\Jmz. 3 , 2020.
REAP SECOND TIME AND ADOPTED
Al Ye ky-) b -e-r l r% , 2020.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this i 1 day of rJ c,y_ '2020.
SHUFFIELD LOWMAN &, SON, P.A.
By
City orney
20200611970 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 16 and the South 10 feet of Lot 15, Block C, HILLCREST HEIGHTS, according to the plat
There of as recorded in Plat Book M, Page 98, Public Records of Orange County, Florida.
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EXHIBIT "B"
541 1st. Street - 228 Lee St. Trust Property
Location Map
Aprico Drive
Center Street —i
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Cn
Nay Avenue
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10
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