Ordinance 2010-023 Turner Rezoning DOCK 20100599298 8: 10119 P: 8503
, 10/13/2010 02:50:14 PM Page 1 of 6
• Rec Fee: $52.50
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: OCOEE
ORDINANCE NO. 2010-023 'III $ S'
11111
(Rezoning Ordinance for Eddie W. Turner Trust)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "A -1" ZONING, CITRUS RURAL
DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE
FAMILY DWELLING DISTRICT, FOR CERTAIN REAL
PROPERTY LOCATED SOUTH OF AND ADJACENT TO
JANE STREET AND WEST OF ROWE AVENUE,
PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN AND THE OCOEE CITY CODE AS OF THE
ADOPTION DATE OF THIS ORDINANCE; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner ") 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 to Ocoee "R -3," Multiple Family Dwelling District (the "Zoning ");
WHEREAS, pursuant to Section 5 -9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code "), the Planning Director has reviewed said
application and determined that the Zoning requested by the Owner is consistent with the 1991 City
of Ocoee Comprehensive Plan as set forth in Ordinance No. 91 -28, adopted September 18, 1991, as
amended (the "Ocoee Comprehensive Plan");
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee ( "PZC ");
ORLA_1606346.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and
has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land located within the corporate limits of the City of
Ocoee, Florida, is hereby changed from Orange County "A -1" Zoning, Citrus Rural District to
Ocoee "R -3" Zoning Multiple Family Dwelling District with such change becoming effective upon
the effective date of this Ordinance as provided in Section 9 below:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property ").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit `B" and by this reference is made a part hereof.
ORLA_1606346.1 -2-
SECTION 5. Official Zoning Map. At such time as this Ordinance becomes
effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the
Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this
Ordinance and the Mayor and City Clerk are 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 6. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8. 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 9. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
ORLA_1606346.1 -3-
PASSED this 5 day of 0 Gk`oer , 2010.
ADOPTED this 5 day of O C obe( , 2010..
ATTEST: CITY OF OCOEE, FLORIDA
B ikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED 32b3 , 2010
READ FIRST TIMES *errb�z . , 2010
READ SECOND TIME AND PASSED
&obc's 5 , , 2010
UNDER AGENDA ITEM NO. \
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TqFp4m AND LEGALITY
this c day of /A 1 U , 2010.
FOLEY & ARDNER LLP
By:
City Attorney
ORLA_1606346.1 -4-
EXHIBIT "A"
RECORDED IN PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
(WRITTEN BY THIS SURVEYOR): BEGIN AT THE NORTHEAST CORNER OF LOT 10,
BLOCK 12, PARK RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK "0", PAGE 100, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA; THENCE RUN THENCE N.74 °38'30 "W ALONG THE NORTHERLY LINE OF
SAID LOTS 8, 9 & 10 AND THE SOUTHERLY RIGHT OF WAY LINE OF JANE STREET A
DISTANCE OF 130.00 FEET; THENCE RUN S.15 °21'30 "W. ALONG THE WESTERLY
LINE OF SAID LOT 8, A DISTANCE OF 130.00 FEET; THENCE S.74 °38'30 "E. ALONG
THE SOUTHERLY LINE OF SAID LOTS 8 , 9 & 10, A DISTANCE OF 150.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 10; THENCE N.15 °21'30 "E ALONG THE
EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 130.00 FEET TO THE SOUTH
RIGHT OF WAY LINE OF JANE STREET AND THE POINT OF BEGINNING.
CONTAINING 19,500.00 SQUARE FEET (0.448 ACRES) MORE OR LESS.
ORLA_1606346.1 -5-
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