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2021-031 Ocoee Rentals Trust Properties - 502 3rd Street - Rezoning - CorrectedORDINANCE NO.2021-031 (Rezoning Ordinance for 502 3"" Street Ocoee Rentals Trust Properties) TAX PARCEL ID: 17-22-28-0000-00-139 DOC # 20210518019 08/24/2021 14:31 PM Page 1 of 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 THIS DOCUMENT IS RECORDED TO CORRECT THE LEGAL DESCRIPTION INCLUDED WITH DOCUMENT 20210476113, RECORDED ON AUGUST 5, 2021 CASE NO. RZ-21-05-19: 502 3rd Street - Ocoee Rentals Trust Properties Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, SINGLE FAMILY DWELLING DISTRICT TO CITY OF OCOEE R-1, SINGLE-FAMILY DWELLING ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.24 ACRES LOCATED ON THE WEST SIDE OF 3RD STREET, APPROXIMATELY 664 FEET SOUTH OF CENTER STREET, AND APPROXIMATELY 579 FEET NORTH OF E. SILVER STAR ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH REZONING 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 seeps to rezone certain real property containing approximately +/- 0.25 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 Article V of the Land Development Code 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 review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on June 8, 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 20210518019 Page 2 of 5 Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Con-unission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on August 3, 2021, the Ocoee City Commission held a de nova 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 +/- 0.24 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 Ocoee City Commission hereby finds the Rezoning of the land 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 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. 20210518019 Page 3 of 5 SECTION 7. TTTIJCTIVE DATE. This Ordinance shall become effective, tea (10) clays after its passage and adoptioft, PASSED AND ADOPT'Eb thisay of�_, 2021 �z� ATTEST, Me�a��ie.•Sili •�tt;.:Cit '`��e�� �i:',J.,: •:�:.•�,':. .[J'' �`[f,'•�{:y �,.' ,; �.'.\• .fir '•Z''•„'. ..., I,, FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORiDA; APPROVED AS TO FORM AND LEGALITY fltis� clay of //ram, 2021. SHUFFILLD LOWMAN & WILSON, P.A. By: "Ua City APPROVED: CITY OF OCOEE, FLORIDA Rusty 3o1u1 n. Mayor ADVERTISED � ` , 2021 READ FIRST TIME , 2021, REAP SECOND TIME A14D ADOPTED 7r— -7 -- 2021. CJNDEK AGENDA. ITEM NO, 20210518019 Page 4 of 5 RXHIBIT "A" LEGAL DESCRIPTION COMM AT SE COR OF NE1/4 OF SEC 17-22-28 TH N88-17-27W 658.42 FT TH NORTH 657.95 FT TH 588-17-7E 155.29 FT TO POB TH S88-17-27E 132.95 FT TH SO-1-35E 75A FT TH N88-17-27W 144.12 FT TH NORTH 42,62 FT TH S88-17-27E 11.13 FT TH NORTH 32.82 FT TO POB 20210518019 Page 5 of 5 Exhibit B Location Map 4-j