Ordinance 2009-013 Rezoning for 325 Lee Street
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TAX PARCEL ID # 18-22-28-3116-02-051.
DOC . 20090307222
06/01/2009 02'08'42 PMB:p9879 P: 6713
Rec Fee' $44 00 'Do T age 1 of 5
Martha O. Haynie C c type: GOVR
Orange County FL omp roller
MB - Ret To: OCOEE
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ORDINANCE NO. 2009-013
(Rezoning Ordinance for 325 Lee Street)
CASE NO. RZ-09-01-02: 325 Lee Street
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 CONTAINING APPROXIMATELY 0.29
ACRES LOCATED AT 325 LEE 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 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 contalmng
approximately 0.29 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Ocoee R-l, Single Family Dwelling District, to Ocoee C-2,
Community Commercial District; 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 April 14, 2009 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
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Applicant, and that the Ocoee City Commission find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on JY\t/t4 I ~ , 2009 the Ocoee City Commission held a de novo
advertised public hearing wi 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 l66.041(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 0.29 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -1,
"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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PASSED AND ADOPTED thi~~J~ day Of~, 2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
3 ~ {)~;f
s. Scott Vandergrift, Mayor0.
(SEAL)
ADVERTISED S~02' 2009
READ FIRST TIME ,2009.
READ SECOND TIME AN ADOPTED
m'?L.t lo) ,2009.
Under A~ No. S-
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND :YU;ALITY
This -4i- day of ,V(7 ,2009.
::~(!;:lrrt:Jj)
City Attorney
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EXHIBIT" A"
Legal Description of Rezoned Area
DESCRIPTION: (AS SPECIFIED)
LOTS 5 AND 6, BLOCK B, GR4CE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK M, PAGE 8, OF THE PUBUC RECORDS OF ORL\NGE COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 5, BLOCK B. S.41D CORNER BEING ON
THE NORTHERLY RIGHT OF WAY LINE OF LEE STREET AS DEPICTED ON SAID GRACE
PARK; THENCE S90000'OO"W, ALONG SAID NORTHERLY RIGHT OF WAY LINE. A DISTANCE
OF 1 00.00 FEET THE THE SOUTHWEST CORNER OF SAID LOT 6, BLOCK B; THENCE
DEPARTING SAID LINE, NOoo28'56"W. ALONG THE WESTERLY LINE OF SAID LOT 6. A
DISTANCE OF 125.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 6. BLOCK B;
THENCE S89057'08"E. ALONG THE NORTHERLY LINE OF SAID LOTS 6 AND 5. BLOCK B. A
DISTAJ\1CE OF 99.79 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE
SOo034'43"E. ALONG THE EASTERLY LINE OF SAID LOT 5. A DISTANCE OF 124.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 0.29 ACRES MORE OR LESS.
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EXHIBIT "B"
Map of Rezoned Area
325 Lee Street
Location Map
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