HomeMy WebLinkAboutItem #08 West Property - First Reading of Rezoning Ordinance the Center of Good G ig
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AGENDA ITEM COVER SHEET
Meeting Date: April 5, 2011
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: 407 - 905 -3100 ext.1018 City Manager:
Subject: West Property
Rezoning From R -1 to 1 -1
Project # RZ- 11 -02 -15
Commission District # 3 — Rusty Johnson
Background Summary:
A small -scale Comprehensive Plan Amendment from Low Density Residential (LDR) to Light Industrial was
approved by the City Commission on October 5, 2010, and forwarded to the State Department of Community
Affairs (DCA). DCA provided a letter on November 2, 2010, accepting the amendment without review. The
proposed rezoning designation of 1 -1 is consistent with the Light Industrial land use designation.
A pre- annexation agreement is in effect for the subject property which provides a list of prohibited uses and
sets requirements for architectural details.
The applicant is requesting a rezoning from R -1 (Single - Family Dwelling) to 1 -1 (Light Industrial) of the 8.89 ±
acres, which is consistent with land future land use designation of Light Industrial
General Location: The property is generally located on the north side of Palm Drive approximately 650 feet
east of East Crown Point Road and adjacent to SR 429.
Parcel Identification Number(s): 07- 22 -28- 0000 -00 -095.
Property Size: 8.89 ± acres
Actual land use and unique features of the subject property: The property is currently vacant and undeveloped.
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: JURISDICTION / FUTURE LAND EXISTING LAND USE /
USE ZONING
North Orange County / Industrial Vacant
East City of Ocoee / Low Density SR 429
Residential
South City of Ocoee / Commercial Vacant / Agriculture "A -2"
West City of Ocoee / High Density Residential / Vacant
Residential
Orange County / Industrial
Issue:
Should the Honorable Mayor and City Commission approve a rezoning from R -1 (Single - Family Dwelling) to 1 -1
(Light Industrial), for 8.895 ± acres of land known as the West Property.
Development Review Recommendation:
On February 28, 2011, the DRC met to determine if the proposed rezoning was consistent with the City's
regulations and policies. The DRC voted unanimously to recommended approval of the rezoning from R -1
(Single - Family) to 1 -1 (Light Industrial).
Planning and Zoning Recommendation:
The proposed rezoning of the West property was reviewed at a Public Hearing by the Planning and Zoning
Commission on March 8, 2011. The Planning & Zoning Commission voted unanimously to recommend
approval of the Rezoning of the +/- 8.89 acre parcel of land known as the Zepeda Property located at 244 E.
Silver Star Drive.
Staff Recommendation:
Staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to rezone 8.89 ± acres
of land known as the West property, from R -1 (Single - Family Dwelling District) to 1 -1 (Light Industrial).
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Rezoning Ordinance
Aerial
Financial Impact:
None.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
Location Map
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ORDINANCE NO.
(Rezoning Ordinance for West Property)
TAX PARCEL ID #s 07- 22 -28- 0000 -00 -095;
CASE NO. RZ- 11- 02 -15: WEST PROPERTY
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R -1, "SINGLE -
FAMILY RESIDENTIAL" TO OCOEE I -1, "LIGHT MANUFACTURING
AND WAREHOUSING" ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 8.896 ACRES LOCATED NORTH OF
AND ADJACENT TO PALM DRIVE AND WEST OF AND ADJACENT
TO STATE ROAD 429; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; 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 owners (the "Applicants ") of certain real property annexed into the
corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2010 -032, 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 Applicants seek to rezone certain real property containing
approximately 8.896 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee R -1, "Single- Family Residential" to Ocoee I -1,
"Light Manufacturing and Warehousing;" 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 City Planner has reviewed said Rezoning
application and determined that the Rezoning requested by the Applicants 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, the Rezoning requested by the Applicants is consistent with the Joint
Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended (the "JPA Agreement "); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes; 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
ORLA_1712068.1
WHEREAS, on March 8, 2011, 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 Applicants 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
Applicants, and that the Ocoee City Commission find that the Rezoning requested by the
Applicants is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2011 the Ocoee City Commission held a de novo
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 8.896 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -1,
"Single- Family Residential" to Ocoee I -1, "Light Manufacturing and Warehousing."
SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JPA Agreement.
SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
2
ORLA_1712068.1
PASSED AND ADOPTED this day of , 2011.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE ADVERTISED , 2011
CITY OF OCOEE, FLORIDA; APPROVED READ FIRST TIME , 2011.
AS TO FORM AND LEGALITY THIS READ SECOND TIME AND ADOPTED
DAY OF , 2011 , 2011 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_1712068 1
EXHIBIT "A"
A PORTION OF THE NORTHWEST 1 /4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN
N88 °46'36 "E ALONG THE NORTH LINE OF SAID NORTHWEST 'A A DISTANCE OF
332.24 FEET TO THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF
WESTERN BELTWAY, STATE ROAD NO. 429 ORLANDO - ORANGE COUNTY
EXPRESSWAY AUTHORITY PROJECT NO. 75320- 6460 - 602/603; THENCE RUN THE
FOLLOWING THREE COURSES ALONG SAID WESTERLY LIMITED ACCESS RIGHT -
OF -WAY LINE: (1) S03 °36'24 "E A DISTANCE OF 914.83 FEET; (2) N88 °16'32 "E A
DISTANCE OF 38.60 FEET; (3) S00 °34'21 "W A DISTANCE OF 369.76 FEET TO A POINT
ON THE NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE S88 °18'48 "W
ALONG SAID NORTH RIGHT -OF -WAY LINE DISTANCE OF 302.60 FEET TO THE
WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 18, THENCE N00 °18'50 "W ALONG
SAID WEST LINE A DISTANCE OF 1283.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 387,495 SQUARE FEET OR 8.896 ACRES MORE OR LESS
4
ORLA_1712068.1
EXHIBIT "B"
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West Rezoning from R -1 to 1 -1
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ORLA_1712068.1
EXHIBIT "A"
A PORTION OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 'A OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN
N88 °46'36 "E ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF
332.24 FEET TO THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF
WESTERN BELTWAY, STATE ROAD NO. 429 ORLANDO - ORANGE COUNTY
EXPRESSWAY AUTHORITY PROJECT NO. 75320- 6460 - 602/603; THENCE RUN THE
FOLLOWING THREE COURSES ALONG SAID WESTERLY LIMITED ACCESS RIGHT -
OF -WAY LINE: (1) S03 °36'24 "E A DISTANCE OF 914.83 FEET; (2) N88 °16'32 "E A
DISTANCE OF 38.60 FEET; (3) S00 °34'21 "W A DISTANCE OF 369.76 FEET TO A POINT
ON THE NORTH RIGHT -OF -WAY LINE OF PALM DRIVE; THENCE S88 °18'48 "W
ALONG SAID NORTH RIGHT -OF -WAY LINE DISTANCE OF 302.60 FEET TO THE
WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 18, THENCE N00 °18'50 "W ALONG
SAID WEST LINE A DISTANCE OF 1283.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 387,495 SQUARE FEET OR 8.896 ACRES MORE OR LESS
4
ORLA_1712068 1
EXHIBIT "B"
Location Map
West Rezoning from R -1 to 1 -1
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