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Home My WebLink AboutOrdinance 2003-16 ORDINANCE NO. 2003-16 CASE NO. RZ-OI-07-02: Maguire Self Storage Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICA TION FROM ORANGE COUNTY C-3, "WHOLESALE COMMERCIAL DISTRICT", TO OCOEE PUD "PLANNED UNIT DEVELOPMENT" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ON THE WEST SIDE OF MAGUIRE 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 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 4.92 acres of property, as more particularly described in Exhibit "A", from Orange County C-3 "Wholesale Commercial District", to Ocoee PUD "Planned Unit Development"; and WHEREAS, at such time as Ordinance No. 2003-15 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"); a~d 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 Commercial land uses on the subject property, the rezoning will be consistent with the JPA Agreement; and WHEREAS, the lP 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 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 JP A Agreement; and 006.292130. 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 1P A Agreement is amended to allow for Commercial land uses on the subject property (the "1PA Amendment"), so as to cause the rezoning to be consistent with the 1PA 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 4.92 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County C-3 "Wholesale Commercial District", to Ocoee PUD "Planned Unit Development": 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: (a) delivery to the City of the 1PA Amendment which Amendment has been executed by both the City and Orange County, and (b) Ordinance No. 2003-15 becoming effective. In the event a 1P A Amendment is not delivered to the City by one-hundred 006.292130. 2 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. PASSED AND ADOPTED this & ~day of 11 A-11 ,2003. 1e APPROVED: CITY OF OCOEE, FLORIDA .5~2t:t!L. S. Scott Vandergrift, Mayor ATTEST: (SEAL) ADVERTISED -^ P l\:r..l. ~ c+- , 2003 READ FIRST TIME 1\ p R~ L Pi , 2003. READ SECOND TIME AND ADOPTED 1'1/t'-( (p ,2003. Under Agenda Item No. fi B ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO ~ORM AND L'vALITY This day of JVld'1_,2003. :LEy::1cNE/kIt) City Attorney Effective September 6, 2003 pursuant to Section 6 of Ordinance No. 2003-15 and Section 6 of Ordinance No. 2003-16. 006.292130. 3 EXHIBIT "A" THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD RIGHT- OF-WAY), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89029'11" EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 002159 EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 893011 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH 001450 WEST ALONG THE WEST LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 167.17 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES, MORE OR LESS. 006.292130. 4 Location Map Maguire RoadSelfStorage PUD HTT~~~W ~""'~ \...i.......~^__~ tV IT I I I I I I I I V '1\ \ I I I II I I I I I I ('<"/1 r T - ~1SW@ IlIlIffl /1'\ II I II I II I I I tIll ....l ~UIIIITID""" II l~ \..111 IT!]] ......- ~1M/ 1')1' '- ~ /I I /I /I 1 Lv- d"\ " " /11\11 iJ,::'J ~~~v:>: ....... ~,.... H\-L . /hrfl~-II). f IIIIIIM,.- r;..,... t:1 ~ - I I I I 1'1......... V^' ~ I LIJJS;Y .-, I I I >.::::iJjt ~ ...... I I ' ~ \' l:::~ -,''- IJ jt=l .....u~ ~I \ I I I "-l r - t. " I':':~~ TI"'~ I I = <--..Y. 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