HomeMy WebLinkAboutOrdinance 2003-56
ORDINANCE NO. 2003-56
TAX PARCEL ID # 07-22-28-0000-00-063
CASE NO. AX-03-04-07: T. Milton West Zoning (888 Ocoee-Apopka Road)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-IA,
"SINGLE FAMILY DWELLING" TO OCOEE 1-1 "RESTRICTED
MANUFACTURING AND WAREHOUSING" FOR CERTAIN
PROPERTY CONTAINING APPROXIMATELY 1.13 ACRES LOCATED
NORTH OF SILVER STAR ROAD ON THE WEST SIDE OF OCOEE-
APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property annexed into
the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2003 - 54 [888
Annexation Ordinance] have submitted an application to the City Commission of the City of
Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 1.13 acres of property,
as more particularly described in Exhibit "A", from Orange County R-IA "Single Family
Dwelling", to Ocoee 1-1 "Restricted Manufacturing and Warehousing"; and
WHEREAS, at such time as Ordinance No. 2003-55 (annexing 888 Ocoee-Apopka
Road) becomes effective, the rezoning requested by the Applicant will be 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"); and
WHEREAS, at such time as the City and Orange County approve an amendment to the
Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended (the "JP A Agreement") which amendment allows for industrial land
uses on the subject property, the rezoning will be consistent with the JPA Agreement; and
WHEREAS, the JP A Agreement affects the future land use of the real property hereinafter
described; and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City has
the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, on October 14,2003, the Planning and Zoning Commission of the City of
Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the
rezoning be approved, conditioned upon approval of a Small Scale Comprehensive Plan
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Amendment to the Ocoee Comprehensive Plan and further conditioned upon approval of an
amendment to the JP A Agreement; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed rezoning of said real property; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041, Florida Statutes; and
WHEREAS, the City has required that this Ordinance not become effective until such
time as the JP A Agreement is amended to allow for industrial land uses on the subject property
(the "JP A Amendment"), so as to cause the rezoning to be consistent with the JP A Agreement.
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 Chapter
166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, for the following described real property containing approximately 1.13 acres within the
corporate limits of the City of Ocoee, Florida is hereby changed from Orange County R-IA
"Single Family Dwelling", to Ocoee 1-1 "Restricted Manufacturing and Warehousing":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
A map of said land herein described which clearly shows the area of rezoning is attached
hereto and EXHIBIT "B" and by this reference is made a part hereof.
SECTION 3. OFFICIAL 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 the 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repeated.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
occurrence of the following: (1) delivery to the City of an Amendment to the JPA Agreement
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which allows for industrial land uses on the Property, which JPA Amendment has been executed
by both the City and Orange County (the "JP A Amendment"); and (2) Ordinance No. 2003-54
(annexing 888 Ocoee-Apopka Road) becoming effective.
PASSED AND ADOPTED this /16dayof IJ{)Uti::'MfJJ~ ,2003.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
,-
. cott Vandergrift, Mayor
(SEAL)
ADVERTISED&em~~ (p ,2003.
READ FIRST TIME AJoJei1l~L( ,2003.
READ SECOND TIME AND ADOPTED
,uOVf:M be-r 101 2/)0.3 ). UNDER
AGENDA ITEM NO. V G (g Q.,
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND hEGAI,ITY
This --1L day of Ilj"~h ~ 2003.
FOLEWA.JlP-NER II 11
By: (fLuYr~
City Attorney
006.309786.2
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EXHIBIT "A"
Legal Description
888 Ocoee-Apopka Road
FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE
SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF
BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID
RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE
NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST
172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD;
THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING.
AND
FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02'
30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24
FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY
OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST
ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES
13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH
ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE
OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1
DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO
THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA.
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