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Home My WebLink AboutOrdinance 2003-19 ORDINANCE NO. 2003-19 CASE NO. RZ 02-03-01: FIX Scenery & Display Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "CITRUS RURAL DISTRICT", TO OCOEE 1-1 "RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT" FOR A 9.88 ACRE PARCEL AND TO R-1-AA "SINGLE FAMILY DWELLING DISTRICT" FOR AN ADJACENT 1.878 ACRE PARCEL, SAID PARCELS CONTAINING APPROXIMATELY 11.76 ACRES AND BEING LOCATED APPROXIMATELY 150 FEET SOUTH OF 17TH AVENUE ON THE WEST SIDE OF OCOEE-CLARCONA ROAD ALL 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 "Owner") of certain real property annexed into the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2003-17 have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 11.76 acres of property, as more particularly described in Exhibit "A", from Orange County A-I, "Citrus Rural District", to 1-1, "Restricted Manufacturing and Warehousing District" for 9.88 acres of the subject property and from Orange County A-I, "Citrus Rural District" to R-I-AA "Single Family Dwelling District" on the remaining 1.878 acres of the subject property; and WHEREAS, at such time as Ordinance No. 2003-18 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, 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 "JPA Agreement") which amendment allows for Light Industrial land uses on the 9.88 acre portion of the subject property, the rezoning will be consistent with the JP A 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 JPA 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 n of Chapter 163, Florida Statutes; and 006.292066. WHEREAS, on March 18, 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 Amendment to the Ocoee Comprehensive Plan and further conditioned upon approval of an amendment to the IP A Agreement; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with public notice thereof 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 Owner of the property to be annexed has requested that the annexation of the property not become effective until such time as a copy of the recorded deed is delivered to the City evidencing the conveyance of the property to FIX Scenery & Display, Inc. and the JPA Agreement is amended to allow for Light Industrial land uses on a 9.88 acre portion of the subject property (the "JPA Amendment"), so as to cause the rezoning to be consistent with the JP A Agreement.; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owner and the contract purchaser. 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 11.76 acres is hereby changed as follows: (a) AS TO THE LANDS DESCRIBED IN EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF CONSISTING OF APPROXIMA TEL Y 9.88 ACRES: From Orange County A-I, "Rural Citrus District", to 1-1, Restricted Manufacturing and Warehousing District. (b) AS TO THE LANDS DESCRIBED IN EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCED MADE A PART HEREOF CONSISTING OF APPROXIMA TEL Y 1.878 ACRES: From Orange County A-I, "Rural Citrus District" to R-I-AA, Single Family Dwelling District. A map of said land herein described which clearly shows the area of the Rezonings is attached hereto as EXHIBIT "D" and by this reference is made a part hereof. 006.292066. 2 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 rezonings 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 repealed and rescinded. 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 at such time as Ordinance Nos. 2003-17 and 2003-18 become effective. In the event such Ordinances do not become effective within one hundred eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. 006.292066. 3 PASSED AND ADOPTED this (g~day of /v1/H'( ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO ~ORM AND I.fiGALITY This day of {Vlt7 ,2003. F01QRD~ By: r City Attorney 006.292066. ,2003. APPROVED: CITY OF OCOEE, FLORIDA d5:d1 vi. S. Scott Vandergrift, Mayor ( ADVERTISED Ap~:t. L 2.'t_,2oo3 READ FIRST TIME Ar>/l:r.L J5 ,2003. READ SECOND TIME AND ADOPTED fv, 11--'1 iIJ , 2003. Under Agenda Item No$ A ~ Effective September 19, 2003, pursuant to Section 10 of Ordinance No. 2003-17 as amended by Ordinance No. 2003-31. 4 EXHIBIT "A" LEGAL DESCRIPTION OF ENTIRE PROPERTY Begin at northeast corner of Southeast % of Southeast 1,4 of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way. Containing 11.76 acres, more or less, in Orange County, Florida. 006.292066. 5 EXHIBIT "B" LEGAL DESCRIPTION OF 1-1 PARCEL Begin at northeast corner of Southeast 1,4 of Southeast % of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way, and also less the northernmost 50 feet and the westernmost 50 feet. Containing 9.88 acres, more or less, in Orange County, Florida. 006.292066. 6 EXHIBIT "C" LEGAL DESCRIPTION OF R-1-AA PARCEL The north 50 feet and the west 50 feet of the following described parcel of land: Begin at northeast corner of Southeast % of Southeast % of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way. Containing 1.878 acres, more or less, in Orange County, Florida. 006.292066. 7 o o 006.292066. EXHmIT "D" Surrounding Zoning Map FIX Scenery and Display, Inc. Annexation and Initial Rezoning Case #AP-02-03-01 (County) A-1 "Citrus Rural District" to (City) 1-1 "Restricted Manufacturing & Warehousing" & (City) "Single-Family Dwelling (R-1AA) N W+E .r.:,r~,,:.-J(''G~' ~ Oeo.. Community Dtvtlopment Dtp.,tment $eale: 1 in ah . aoo fe.t o 200 "'00 400 eoo Peet - - I Princtd: March 2003 LEGEND CSUbject Property D Unincorporated TerritolY and Other Municlpalrties ~ Rail Lines Zoning Classlficallon: .!~ii} A.l, General Agriculture ~~ A.2, Suburban R.1AAA, Single Family Dwelling R.1AA, Single Family Dwelling ;"!:.'~'R-1A, Single Family Dwelling ii.{/~i R-l, Single Family Dwelling _.RT-l, Mobile Home Subdivision District ~:~:~~, R.2, One and Two Family Dwelling KKlR-3, Multi Family Dwelling ""--:P-S, Professional Offices and Services 11I1lI1 C-l, Neighborhood Shopping ~ C-2, Communrty Commercial _ C-3, General Commercial .$-""" ~l, Restricted Manufacturing :'''':''.& Warehousing lei;'!;\( ~2, General Industrial III PUD.Low Density ResldenUal _ PUD.Medium Densrty Residential _ PUD-Hlgh Densrty Residential ~ PUD.Commerclal .'----,.Lakes and Water Bodies ~. Unclassified 8