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2021-039 Potter Property - 1081 N. Lakewood Ave. - RezoningDOC # 20210508040 08/19/2021 11:49 AM 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 ORDINANCE NO.2021-039 orange county, FL (Rezoning Ordinance for 1081 N. Lakewood Avenue — Ret To: CSC INC Potter Property) TAX PARCEL ID; 08-22-28-0000-00-053 CASE NO. RZ-21-06-21: 1081 N. Lakewood Avenue -- Potter Property Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 RESIDENTIAL DISTRICT TO CITY OF OCOEE R-1 SINGLE-FAMILY DWELLING ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.37 ACRES LOCATED ON THE EAST SIDE OF N. LAKEWOOD AVENUE AND APPROXIMATELY 1165 FEET SOUTH OF WURST ROAD; 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; AND 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 0.37 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 "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for study and reconmmendation 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 Commission that the zoning classification of said real property be rezoned as requested by the 20210508040 Page 2 of 5 Applicant, and that the Ocoee City Coinniission 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, THERE, FORE, 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 0.37 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed fiom Orange County R-2 to City of Ocoee R-1. A snap of said laird 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 Cleric 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, please, 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. 20210508040 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 y of , 2021. ATTEST: r . Melanie Sibbitt; City Clerk; (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this J rD� day of hkJ9 , 2021. SHUFFIELD LOWMAN & WILSON, P.A. I: APPROVED: CITY OF OCOEE, FLORIDA Rusty Jolu on, ayor ADVERTISED , 2021 READ FIRST TIM , 2021. READ SECOND TIME AND ADOPTED zhoiAt 1,7 2021. UND AGENDA ITEM NO. :/T— 20210508040 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION FROM THE NORTHWEST CORNER OF THE SOUTHWEST'/ OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN N. 89 DEGREES 18, 57' E. ALONG THE NORTH LINE OF THE SW '/4 OF THE SW `/4 OF SAID SECTION 8, A DISTANCE OF 2 5. 00 FEET; THENCE S. 01 DEGREES 16' 54' E 10 1. 19 FEET PARALLEL WITH THE WEST LINE OF SECTION 8 FOR THE POB; THENCE RUN N. 88 DEGREES 56' 32' E., 329.29 FEET; THENCE S. 01 DEGREES 45' 54' E. A DISTANCE OF 49.52 FEET; THENCE S. 87 DEGREES 54' 22' W.A DISTANCE OF 109.99 FEET; THENCE S 89.05.56' W A DISTANCE OF 169.74 FEET, THENCE S 89.27' 15' W A DISTANCE OF 50.00 FEET; THENCE NO1.16'54" W A DISTANCE OF 50.60 FEET TO TIIE POINT OF BEGINNING. 20210508040 Page 5 of 5 Exhibit B Location Map 40, RR venu 'A