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Home My WebLink AboutOrdinance 2003-53 ORDINANCE NO. 2003-53 TAX PARCEL ID # 07-22-28-0000-00-019 CASE NO. AX-03-04-05: T. Milton West Zoning (531 Ocoee-Apopka Road) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I "SINGLE FAMILY DWELLING" TO OCOEE 1-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 4.57 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. 2003-51 (annexing 531 Ocoee-Apopka Road) have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 4.57 acres of property, as more particularly described in Exhibit "A", from Orange County A-I "Single Family Dwelling", to Ocoee 1-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, at such time as Ordinance No. 2003-52 (Comprehensive Plan Amendment for 531 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 006.299861.2 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 "JPA Amendment"), so as to cause the rezoning to be consistent with the JPA 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 4.57 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County A-I "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 006.299861.2 2 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. 51 (annexing 531 Ocoee-Apopka Road) becoming effective. ~ PASSED AND ADOPTED this /8 Clay oCjJbl1t:rYh~6i!... ,2003. APPROVED: CIT~'70F~~OEE, FL~'DA 5 :;;~~ U s. Scott Vandergrift, Mayor ATTEST: J (SEAL) ADVERTIsEDJOJeMbu-- f.t; ,2003 READ FIRST TIMEAlOJe t"YIla-u L( ,2003. READ SECOND TIME AND ADOPTED , 2003. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED ASTOFORMANDk~GAL~ This ---1!- day of . ~J ~ , 003. ::LEY &t::7> ~tJ City Attorney 006.299861.2 3 EXHIBIT "A" 531 Ocoee-Apopka Road BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; RUN WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, 706.87 FEET TO THE CENTERLINE OF A DITCH; THENCE RUN ALONG THE SAID CENTERLINE N 02018'42" W 39.20 FEET; THENCE RUN N 07032'18" E, 158.30 FEET; THENCE RUN N 13027'12" W, 18.27 FEET; THENCE RUN EAST 54.38 FEET; THENCE RUN NORTH 172.92 FEET TO A POINT 386.76 FEET NORTH OF THE SOUTH LINE OF AFORESAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN EAST 119.80 FEET MORE OR LESS THE CENTERLINE OF A DITCH; THENCE RUN S 73030'41" E ALONG SAID CENTERLINE OF DITCH, 540.02 FEET; THENCE RUN SOUTH 233.28 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF WAY FOR OCOEE - APOPKA ROAD. 006.299861.2 4 006.299861.2 EXHIBIT "B" T. 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