AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA; REPEALING CHAPTER

							 1   THIS ORDINANCE PREPARED BY
 2   AND TO BE RETURNED TO:
 3
 4   Kyle Shephard, Esq.
 5   Assistant City Attorney
 6   City of Orlando, Florida
 7   Orlando City Hall
 8   400 S. Orange Ave.
 9   Orlando, Florida 32801
10   (407) 246-2295
11
12
13
14                        AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
15                        OF ORLANDO, FLORIDA, AMENDING AN ORDINANCE
16                        OF THE CITY OF ORLANDO, FLORIDA, DESIGNATING
17                        THE JACK KEROUAC HOUSE, LOCATED AT 1418
18                        CLOUSER AVENUE, AS A CITY OF ORLANDO
19                        HISTORIC     LANDMARK;     PROVIDING     FOR
20                        SEVERABILITY AND AN EFFECTIVE DATE.
21
22
23             WHEREAS, section 65.720, Code of the City of Orlando, Florida (the “Orlando City

24   Code”), provides for the designation of historic landmarks in the City of Orlando, Florida, and

25   establishes certain criteria for the designation of a site, building, structure, or object as an historic

26   landmark (an “Orlando Historic Landmark”); and

27

28             WHEREAS, on July 3, 2002, the City of Orlando Historic Preservation Board (the

29   “HPB”) considered a request by the The Jack Kerouac Writers in Residence Project of Orlando,

30   Inc., a Florida not for profit corporation and owner (the “Owner”) of certain real property

31   generally located at the southwest intersection of Clouser Avenue and Shady Lane Drive and

32   including two (2) platted lots, lot “O” and lot “P”, per the Clouser Subdivision as recorded in

33   Plat Book P, Page 78, Public Records of Orange County, Florida, with an existing structure at the

34   eastern portion of the lots being addressed as 1418 Clouser Avenue, and an existing structure at

35   the western portion of the lots being addressed as 828 Shady Lane Drive, Orlando, Florida (the



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36   “Property”), to designate the Property an Orlando Historic Landmark pursuant to section 65.720,

37   Orlando City Code; and

38

39             WHEREAS, the HPB recommended approval of the request and the City Council of the

40   City of Orlando, Florida (the “Orlando City Council”), accepted the HPB recommendation at the

41   Orlando City Council’s regularly scheduled meeting of July 22, 2002; and

42

43             WHEREAS, on March 31, 2003, the Orlando City Council adopted an ordinance

44   entitled, “AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA, DESIGNATING THE

45   JACK KEROUAC HOUSE, LOCATED AT 1418 CLOUSER AVENUE, AS A CITY OF

46   ORLANDO HISTORIC LANDMARK; PROVIDING FOR SEVERABILITY AND AN

47   EFFECTIVE DATE.” (the “Kerouac Ordinance”), (Orlando City Clerk documentary number

48   030331702; and recorded in the public records of Orange County, Florida, at Official Records

49   Book 06883, Page 3693); and

50

51             WHEREAS, the Kerouac Ordinance designated the property as an Orlando Historic

52   Landmark pursuant to section 65.720, Orlando City Code, as it was determined by the Orlando

53   City Council that “there is a 1920’s-era single-family residential structure located at 1418

54   Clouser Avenue…”, and that acclaimed and influential American writer “Jack Kerouac lived in

55   this structure during parts of 1957 and 1958, and that he prepared several literary works there,

56   including the novel The Dharma Bums, the play The Beat Generation, and the poem Orlanda

57   Blues”; and

58



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59             WHEREAS, the Kerouac Ordinance included a legal description of the property located

60   at 1418 Clouser Avenue, attached to the Kerouac Ordinance as “Exhibit A”, which included both

61   platted lots (lots “O” and “P”) from the Clouser’s Subdivision as recorded in Plat Book “P”,

62   Page 78, Official Records of Orange County, Florida; and

63

64             WHEREAS, the existing single family structure on the eastern portion of lots “O” and

65   “P” is that certain “1920’s-era single-family residential structure located at 1418 Clouser

66   Avenue” in which Jack Kerouac once lived (the “Kerouac House”), and the existing single

67   family structure on the western portion of lots “O” and “P” is addressed as 828 Shady Lane

68   Drive (the “828 Shady Lane House”); and

69

70             WHEREAS, the 828 Shady Lane House did not exist on the Property during Jack

71   Kerouac’s residence at the Kerouac House and it has no historic relevance vis-à-vis the Kerouac

72   House or its Orlando Historic Landmark status; and

73

74             WHEREAS, the Owner applied to the Municipal Planning Board (the “MPB”) for a

75   minor subdivision of the Property in order to replat the Property into two (2) lots that more

76   accurately reflects the actual development of the Property and would allow for the possible

77   redevelopment and sale of the western portion of the Property that includes the 828 Shady Lane

78   House; and

79




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 80             WHEREAS, the MPB recommended approval of the subdivision application at its

 81   regularly scheduled meeting of February 21, 2006, and the Orlando City Council approved this

 82   recommendation at its regularly scheduled meeting of March 20, 2006; and

 83

 84             WHEREAS, the Owner applied to the HPB for a Certificate of Appropriateness to

 85   remove the Orlando Historic Landmark designation from the 828 Shady Lane House and the

 86   land associated with it; and

 87

 88             WHEREAS, the HPB recommended approval of the application for a Certificate of

 89   Appropriateness at its regularly scheduled meeting of April 5, 2006, and the Orlando City

 90   Council approved this recommendation at its regularly scheduled meeting of May 1, 2006; and

 91

 92             WHEREAS, the purpose of this ordinance is to amend the legal description attached as

 93   Exhibit “A” to the Kerouac Ordinance in order to remove the Orlando Historic Landmark

 94   designation from the 828 Shady Lane House and the land associated with it; and

 95

 96             WHEREAS, the Orlando City Council hereby finds and declares that this ordinance is in

 97   the best interest of the public health, safety, and welfare, and is consistent with the City’s

 98   adopted Growth Management Plan; and

 99

100             NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE

101   CITY OF ORLANDO, FLORIDA, AS FOLLOWS:

102



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103             SECTION 1. AMENDMENT. Exhibit “A” of the Kerouac Ordinance is null and void,

104   and replaced hereby with a new amended legal description of the Property, attached hereto as

105   Exhibit “A1”. All other parts and provisions of the Kerouac Ordinance remains in full force and

106   effect.

107

108             SECTION 2. SEVERABILITY. If any provision of this ordinance or its application to

109   any person or circumstance is held invalid, the invalidity does not affect other provisions or

110   applications of this ordinance which can be given effect without the invalid provision or

111   application, and to this end the provisions of this ordinance are severable.

112

113             SECTION 3. EFFECTIVE DATE. This ordinance takes effect immediately upon final

114   passage.

115

116             DONE, THE FIRST READING, by the City Council of the City of Orlando, Florida, at

117   a regular meeting, this ________ day of ____________________, 2006.

118

119             DONE, THE PUBLIC NOTICE, in a newspaper of general circulation in the City of

120   Orlando, Florida, by the City Clerk of the City of Orlando, Florida, this ________ day of

121   ____________________, 2006.

122

123             DONE, THE SECOND READING, AND ENACTED ON FINAL PASSAGE, by an

124   affirmative vote of a majority of a quorum present of the City Council of the City of Orlando,

125   Florida, at a regular meeting, this ________ day of ____________________, 2006.



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126

127                                                                   BY THE PRESIDING OFFICER OF THE CITY
128                                                                   COUNCIL OF THE CITY OF ORLANDO,
129                                                                   FLORIDA:
130

131                                                                   _______________________________________
132                                                                   Mayor / Mayor Pro Tempore

133

134   ATTEST, BY THE CLERK OF THE
135   CITY COUNCIL OF THE CITY OF
136   ORLANDO, FLORIDA:
137

138   _______________________________________
139   City Clerk

140

141   APPROVED AS TO FORM AND LEGALITY
142   FOR THE USE AND RELIANCE OF THE
143   CITY OF ORLANDO, FLORIDA:
144

145   _______________________________________
146   City Attorney

147                                     **[Remainder of page intentionally left blank.]**




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