HomeMy WebLinkAboutOrdinance 2003-30
OCOEE CITY COMMISSION
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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
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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. .
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EXHIBIT "B"
http://www.ci.ocoee.f1.us/Ci tyClerk/ AgendaCC2003 0902/CommunityDevelopment/Doss/Doss _ R... 4/23/2004
Doss Rezoning Ord 2003-30
Richard A. Doss, Jr.
O.366-Acre Parcel Location Map
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