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HomeMy WebLinkAboutOrdinance 2003-30 OCOEE CITY COMMISSION Otto.. "'200!- 3 c Page 6 of 11 Mayor Vandergrift, seconded by Commissioner Anderson, moved to not adopt Ordinance No. 2003-29, deny the zoning request. and honor the letter from City Manager Gleason to Mr. Doss dated January 23..._2QQ2. Motion.Qarried 5-0. Ordinance No. 2003-30 - Rezoning Parcel B The public hearing was reopened. As no one present wished to speak, the public hearing was closed. Commi~lliner Howell, seconded by Commissioner Anderson, movedtQ not adopt Ordinance No. 2003-30, and deny the rezonip~of Parcel B as th~I:eq!!ested rezoningjs inconsistent with the ComP-I~hensive Plan. Motion c(l.rri~_d_5_-0. RECESS 9:05 - 9:20 P.M. Faraway Farms - (Community Development Director Wagner, Whit Blanton, RPG, and City Attorney Rosenthal) Transmittal Public Hearing on Ordinance No. 2003-38. This Ordinance transmits to the Department of Community Affairs the proposed large-scale comprehensive plan amendment designating the Faraway Farms property as Commercial/Conservation. (Staff reports from JYhit Blanton and City Attornev Rosenthal) City Attorney Rosenthal read the title only of Ordinance No. 2003-38. Community Development Director Wagner gave the background and said the Commission had engaged Renaissance Planning Group (RPG) to assist staff in evaluating this proposal due to its scale and also to work with the City Attorney and the Developers through the review process. He said the Planning and Zoning Commission recommendation was to deny the request and staff concurred with this recommendation. Whit Blanton, RPG, gave the staff report and displayed a map on the overhead showing the location of the property. He responded to questions from the Commission during his report. City Attorney Rosenthal directed attention to Mr. Blanton's written report and staff recommendation and the City Attorney memorandum dated September 9,2003. Mayor Vandergrift asked that the TV cameras show the displays and the 3D model prepared by the Faraway Farms team. Julie Kendig-Schrader, with Greenberg Traurig, directed attention to a notebook distributed to the Commission containing the documentation included in their presentation to help them keep within the time limits and then introduced their team: Paul Roeker, Tracy Crowe, Connie Owens, Dr. Andy Davis, Turgut Dirvish, Ayman Saidi, Stan Gerberer, and Carla Baker. Carla Baker gave the presentation for the Faraway Farms team, displaying on the overhead and responding to questions from the Commission. The public hearing was opened. Kevin Keller, 1727 Crown Point Woods Circle, speaking for the residents in Crown Point Woods, spoke against the request and asked for denial. Louise Pitts, 1780 Crown Point Woods Circle, also spoke against the request, and directed attention to a letter, http://www.ci.ocoee.f1.us/CityClerk/ AgendaCC20031 007/CityClerk/Minutes/MinutesCC2003091... 4/23/2004 ORDINANCE NO. 2003-30 v Page 1 of 4 Doss Rezoning Ord 2003-30 CASE NO. RZ-03-03-03: Doss Rezoning Ordinance 0.366 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-IAA "SINGLE FAMILY DWELLING" TO OCOEE 1-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS 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 within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 0.366 acres of property, as more particularly described in Exhibit "A", from Ocoee R-IAA "Single Family Dwelling", to Ocoee 1-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, at such time as Ordinance No. 2003-29 becomes effective, the rezoning requested by the Applicant will be 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, on July 8, 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 denied; 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. 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 0.366 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from R-IAA "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 APART 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 http://www.ci.ocoee.f1.us/CityClerk/ AgendaCC20030902/CommunityDevelopment/Doss/Doss _ R... 4/2312004 Doss Rezoning Ord 2003-30 Page 2 of 4 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 passage and adoption. PASSED AND ADOPTED this _ day of ,2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2003 READ FIRST TIME ,2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: _____... City Attorney http://www.ci.ocoee.f1.us/CityClerk/ AgendaCC20030902/CommunityDevelopment/Doss/Doss _ R... 4/23/2004 Doss Rezoning Ord 2003-30 Page 3 of 4 EXHIBIT "A" . , SOUI,mARY SUf1VEY LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK '4',( LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD) AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO. MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A. PAGE ~100. PUBLIC RECORDS OF ORANGE COUNlY, FLORIDA; MORE FULLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE EASTERLY RIGHT .()F.WA Y LINE OF THE SEABOARD COASTUNE RAILROAD; THENCE RUN S 89 45' 31" E, ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE; THENCE S 00 03' 18" E, ALONG THE CENTER LINE THEREOF, 144.94 FEET; THENCE N 8946' 17" W, 96.00 FEET TO THE EASTERLY RIGHT-Of.WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03' 46" W, ALONG SAID EASTERLY RIGHT.OF-WA Y LINE, 147.83 FEET TO .!.HE ~INT Of.~EGINNING. . CONT~~I!'lG o~~ ~CR..E~~~R~()R lE~..:..,_ _, ___ -.----.....-.- ~ - ORlANDO STREET (60'R/W) "'D ~" I.P. () o ~ ~: r:' ~, f" s 89" ~,.' JI" E . IZ4.2J ~r S.o.s. .. ;0.0 "4~Z) ~ ~ 8 (NO ,,",PltoVf;MENrS HAVE fEtH)' locATeD AS p[R .OWN t:R ....._1.._---..._.. .__. ....- '_'M", III n 8 c: ,0 :: e. 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