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Home My WebLink About2011-006 Rezoning West Property • ` DOCU 20110257700 B: 10214 P: 3381 05/16/2011 09:06:50 AM Page 1 of 5 ORDINANCE N0.2011 -006 Rec Fee: $44.00 Martha 0. Haynie, Comptroller Ordinance for West Property) Orange County FL (Rezoning Odi f W P P �Y) MB - Ret To: County, TAX PARCEL ID #s 07- 22 -28- 0000 -00 -095; 'III II I 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 P eri 1 tq , 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 VC1 day of A pt2. % , 2011. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ! ikenberry, City Clerk • S. Scott Vandergrift, Mayo (SEAL) FOR USE AND RELIANCE ONLY BY THE ADVERTISED \ pr,1 - 1 , 2011 CITY OF OCOEE, FLORIDA; APPRO ED READ FIRST TIME Pk ?c,‘ 6 , 2011. AS TO FO I AND LEGALITY THIS �� READ SECOND TIME AND ADOPTED DAY OF - ( , 2011 Pt Pry \ tot , 2011 UNDER AGENDA ITEM NO. q FOLEY & LARDNER LLP By: d 144 tss6 4 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 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 1, - 1 j cN . i; I F $ . 1 rpo 4, a) ,. 1 1 s s_ i 11.. \ 1 / O 1 1•i- S o A 1 >, ,i i cz Pam [ l Ill , f , ,, 1 MM Id Irli) 1 ., n J _ 5 ORLA_1712068.1