Ordinance 2007-026 O'Donnell
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TAX PARCEL ID #: 18-22-28-3116-01-090
INSTR 20070828183
OR BK 09546 PG 3178 PGS=6
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
12/27/2007 02:11:30 PM
REC FEE 52.50
ORDINANCE NO. 2007-026
(Rezoning Ordinance for O'Donnell Parcel)
CASE NO. RZ-07-08-13: O'Donnell Parcel
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R-l, "SINGLE
FAMILY DWELLING," TO OCOEE C-2, "COMMUNITY
COMMERCIAL," ON CERTAIN REAL PROPERTY CONT AINING
APPROXIMATELY 0.18 ACRES LOCATED NORTH OF AND
ADJACENT TO FRANKLIN STREET AND APPROXIMATEL Y 300
FEET EAST OF THE INTERSECTION OF FRANKLIN STREET AND
OCOEE APOPKA ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; 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 or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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 0.18 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Ocoee R-l, "Single Family Dwelling," to Ocoee C-2,
"Community Commercial;" 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 Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #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 9, 2007 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
ORLA_611021.1
Document recorded as presented.
Orange County, FL Comptroller
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on ..NO\I.~O , 2007 the Ocoee City Commission held a de novo
advertised public hearing with resifect 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 0.18 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-l,
"Single Family Dwelling," to Ocoee C-2, "Community Commercial." A map of said land herein
described, which clearly shows the area of 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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
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ORLA_6110211
PASSED AND ADOPTED this ~y of ~ 2007.
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(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
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~.::)~L/G.(JV\ /\
S. Scott Vandergrift, Mayor ~ .
ATTEST:
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ADVERTISED N.o\l. 8' 1 ,2007
READ FIRST TIME -No'J. ~ ,2007.
READ SECOND TIME AND A'nOPTED
~ O\J . :(OJ ,2007.
Under Agenda Item No.--9--
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND lJ;EGALITY
This g,0 day of ~~, 2007.
:~LEY{J;:Jr~
City Attorney
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ORLA_6110211
ORLA_611021.1
EXHIBIT" A"
[Legal Description]
The East 1/2 of Lot 8, and all of Lot 9, Block A, Grace Park, according to the plat
hereof, as recorded in Plat Book M, Page 8, Public Records of Orange County,
Florida.
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EXHIBIT "B"
O'DONNELL REZONING
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