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HomeMy WebLinkAboutItem V(A) Public Hearing - Second Reading of Ordinance No 92-14, relating to Case No 1-5R-92:Heller Rezoning a 12.9 acre parcel from R-3 to I-1 on Professional Parkway AGENDA 6-16-92 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A Ocoee LE51 EK UAtstiS,JK. • �, ° CITY OF OCOEE COMMISSIONERS CL RUSTY150 N.LAKESHORE DRIVE j v O OCOEE FLORIDA 34761 PAUL W.FOSTER (407)656-2322 VERN COMBS e (!, , SAM WOODSON es c• 000° �,` ECITY LLIS MANAGER SRP-345 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Bruce Behrens, Director of Planning�e3 DATE: May 19, 1992 SUBJECT: Development Review Application -- Rezoning Case No. 1-5R-92:HELLER ISSUE Should The Honorable Mayor and Board of City Commissioners approve the above application to rezone the 12 . 9 acre subject parcel from "R-3, Multiple Family Residential Dwelling District" to "I-1, Restricted Manufacturing and Warehouse District"? BACKGROUND The majority of the subject property was annexed and rezoned to "R- 3" in 1982 (see attached "Site Location Map") . The balance of site, situated in the northeast corner, was annexed and rezoned to "R-3" in 1990 . The property owner has submitted an application to rezone the subject property to "I-1" . The property owner stated in the Development Review Application that the "I-1" rezoning is being requested in order "to add this property to the west in order to develop (the) total tract as an Industrial Subdivision" (attached as "Exhibit One") . The zoning surrounding the subject property on the west and south is "I-1"; south and east is Lake Lilly and "R- 3"; and, on the north "R-3" and "I-1" . The Development Review Application is consistent with the land use designated on the Future Land Use Map as "Light Industrial" . RECOMMENDATION Rezoning consistent with the Comprehensive Plan / Future Land Use Map: The Planning Director recommends that the City Commission take the following action with respect to the petition in Case No. 1-5R- 92 :HELLER: that the City Commission find that the requested rezoning is consistent with the Ocoee Comprehensive Plan, complies with all applicable requirements of the Ocoee City Code and is in the best interests of the City and APPROVE the petition in Case No. 1-5R-92 :HELLER and that the property described therein be rezoned as requested by the petitioner. JRH/BCB/emk 44 SITE LOCATION MAP . . • • CITY OF OCOEE PROPOSED REZONING CASE NO. 1 -5R-92 : HELLER i . C-3 I \ , LAKE ) C-2 C-2 Illmi.....1 \ C-3 i c""2 BLANCHARD ....___ C , : I ' STATE opt. art . ATE ROA) STATE ROAD 50 r \ 0 c-4---- • • - 'ilq.....1 i '• 1 I 1 1 L.....L.J ' I 1 i • P R 0 F E S S I 0 NA CH.P-Id Y R-'3, i -- ! 3 1 :•„*.:1:111 ;'i'MY4,., '...4'''..i444.\I- f I i• ef,,,Iii;"1,- (.-, ( ) Aiiiati:,,7Aot D-1 -&, ,... .4„ - Lide,44 . I-1':"''-'":i'.44*:''' ---1----1 pi 1.— i • aiiihr. '*Oa . i ....... , '--74:1 ri-r,-4 0 7_...i ::I— I irt-rt-H ii,,o c-3 4. LAKE 0 .--.4 • 77177., iii SUBJECT P Fl 0.,,-.E1':- hill-TTI7 r ULLY RTITi, r / ...._ C-3 a, C-3 4` 1_,{7 `%):'-jf-1--i-I If VP I Iii:-I 1 I'q 1 i .1.-\--A s''' .‘ i+ !-!---i r4r-H. 11 1 1 "1 , i til \,...., m tn __ , ,..:1 ; In 1 I 1 I rill LI:al'i LAKE V.:A sk>_.....1. it it aIx P1-11RL R-3 \ •1• z.N▪ /-,..„...sik..' I—rt !i —fi:ll,fi.— t. t. EXISTING ZONING • R-3, MULTIFAMILY RESIDENTIAL DWELLING DISTRICT PROPOSED ZONING I - 1 , RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT SITE SIZE: 12. 9 ACRES AGENDA 6-16-92 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A OC•:= LLD 11:K L)ADDD,J• K. 4111 '4 CITY OF OCOEE COMMISSIONERS '> '" • d RUSTY JOHNSON 150 N.LAKESHORE DRIVE PAUL W.FOSTER ' O OCOEE FLORIDA 34761 (407)656-2322 VERN COMBS SAM WOODSON e (!) ~, 42 t. OP G000 N.%,\ CITY MANAGER ELLIS SHAPIRO SRP-345 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Bruce Behrens , Director of Planning 1`Ti' DATE: June 15 , 1992 v SUBJECT: Development Review Application -- Rezoning Case No. 1-5R-92 :HELLER ISSUE Should The Honorable Mayor and Board of City Commissioners approve the above application to rezone the 12 . 9 acre subject parcel from "R-3 , Multiple Family Residential Dwelling District" to "I-i , Restricted Manufacturing and Warehouse District"? BACKGROUND The majority of the subject property was annexed and rezoned to "R- 3" in 1982 (see attached "Site Location Map" ) . The balance of site, situated in the northeast corner , was annexed and rezoned to "R-3" in 1990 . The property owner has submitted an application to rezone the subject property to "I-1" . The property owner stated in the Development Review Application that the "I-1" rezoning is being requested in order "to add this property to the west in order to develop (the) total tract as an Industrial Subdivision" (attached as "Exhibit One") . The zoning surrounding the subject property on the west and south is "I-1" ; south and east is Lake Lilly and "R- 3" ; and, on the north "R-3" and "I-i" . The Development Review Application is consistent with the land use designated on the Future Land Use Map as "Light Industrial" . Staff Report June 15 , 1992 Page 2 STAFF RECOMMENDATION Rezoning consistent with the Comprehensive Plan / Future Land Use Map: The Planning Director recommends that the City Commission take the following action with respect to the petition in Case No . 1-5R- 92 :HELLER: that the City Commission find that the requested rezoning is consistent with the Ocoee Comprehensive Plan, complies with all applicable requirements of the Ocoee City Code and is in the best interests of the City and APPROVE the petition in Case No. 1-5R-92 :HELLER and that the property described therein be rezoned as requested by the petitioner . PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission (known also as the Local Planning Agency) on May 12 , 1992 recommended approval of this rezoning . The vote was 6-0 . JRH/BCB/emk EXHIBIT " 1 " * * * * * * * * * * * * * * * * * * * * * * THIS SPACE FOR CITY USE ONLY File No. Fee 1770• D• O Date Paid 44-.1.1-72.. Receipt No. 0 1.207.,ir * * * * * * * * * * * * * * * * * * * * * * CITY OF OCOEE APPLICATION FOR DEVELOPMENT REVIEW (PLEASE TYPE OR PRINT ALL INFORMATION) 1. REQUEST (CHECK AS APPROPRIATE) : A. COMPREHENSIVE PLAN AMENDMENT ($770) B. ZONING/REZONING TO ALL CLASSIFICATIONS xxx ($770) INCLUDING PUD C. SPECIAL EXCEPTION WITHOUT APPROPRIATE ZONING ALREADY EXISTING ON SITE (COMPREHENSIVE PLAN AMENDMENT MAY BE REQUIRED) ($770) D. SPECIAL EXCEPTION WITH APPROPRIATE ZONING ALREADY EXISTING ON SITE (WITHOUT COMPREHENSIVE PLAN AMENDMENT) ($270) E. VOLUNTARY ANNEXATION ($270) F. SUBDIVISION, CO?JfERCIAL SITE, OR PUD REVIEW DEPOSITS (ZONING ON SITE ALREADY EXISTING) ($1, 000) G. SPECIFY ACTION(S) SOUGHT IN YOUR OWN WORDS: APPLICATION FOR DEVELOPMENT REVIEW PAGE 2 *A separate application fee is collected for each action sought and for non-contiguous pa parcels held under separate ownership. Uponre uor for application or review fee to include one copy ofCity of Ocoee Development Review Code Book. 2 . APPLICANT'S NAME: Heller Bros. Groves, ATTN: Mr. Glenn Jackson APPLICANT'S ADDRESS: P.O. Box 770249 Winter Garden, Fl 34777-0249 TELEPHONE NUMBER: (407) 877-3339 3 . OWNER OF RECORD: Heller Bros. Groves OWNER'S ADDRESS: P.O. Box 770249 Winter Garden, FL 34777-0249 (if more than one, please attach additional sheets) 4. PROPERTY LOCATION: • A. DIRECTIONS TO PROPERTY: Property is located on south side of Professional Parkway and west of Old Winter Garden Road (CR-526) B. LEGAL DESCRIPTION: ALL DEVELOPMENT REVIEW APPLICA- • TIONS MUST PROVIDE THREE (3) EXECUTED, CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT PARCEL, WHICH SHALL INCLUDE A METES-AND-BOUNDS LEGAL DE- SCRIPTION. ATTACH SURVEY WITH FULL LEGAL DESCRIP- TION AS EXHIBIT. SPECIFY BELOW: SECTION-TOWNSHIP- RANGE-SUBDIVISION-LOT-AND-BLOCK, AS APPLICABLE. Section 29, T 22S, R 28E See attached survey C. PROPERTY TAX ID. NO(s) . 29-22-28-0000-000-007 29-22-28-0000-000-008 29-22-28-0000-000-009 29-22-28-0000-000-010 29-22-28-0000-000-072 I APPLICATION FOR DEVELOPMENT REVIEW PAGE 3 .5 . BRIEFLY SPECIFY THE DEVELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT PARCEL(S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT WAS CREATED, PRESENT ZONING, YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC. : Property made up from several parcels, all zoned R-3, latest rezoning and annexation October 1990 6 . PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATION(S) IS/ARE GRANTED? To be developed as as Industrial/Commercial Subdivision (I-1) 7. SPECIFY ZONING OF PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARCEL: A. NORTH: T-1 and C-3 3. SOUTH: T-1 and R-3 C. EAST: R-3 D. WEST: T-1 • 8. NUMBER OF EXISTING BUILDINGS AND EXISTING LAND USE OF THE SUBJECT PARCEL: UndevPlnppd - varant land 9. PROPOSED VOLUNTARY ANNEXATIONS AND OTHER DEVELOPMENT REVIEW APPLICATIONS ARE FIRST REFERRED FOR A PUBLIC HEARING OR STUDY AND RECOMMENDATION BEFORE THE CITY OF CCOEE PLANNING AND ZONING BOARD, EXCEPT SPECIAL EXCEP— TION APPLICATIONS WHICH ARE REFERRED TC THE BOARD OF ADJUSTMENT FOR A PUBLIC HEARING, STUDY AND RECOMMENDA— TION. . • APPLICATION FOR DEVELOPMENT REVIEW PAGE 4 BRIEFLY ADDRESS THE FOLLOWING: • • A. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION CHANGE: - to the existing I-1 oro•ert to the west in order to develop total tract as an Industrial subdivision. B. WHEN PERTAINING TO THE ANNEXATION AND/OR REZONING OF LAND, THE EFFECT OF THE CHANGE, IF ANY, ON THE SUBJECT PROPERTY AND ON SURROUNDING PROPERTIES: • ' 'i' • u. h -1 on west and north. The R-3 •roperty 10. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED? A. POTABLE WATER: City of Ocoee B. WASTEWATER TREATMENT: City of Ocoee C. STORMWATER MANAGEMENT: Existing on site D. RECREATION: A E. SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: N/A F. MAIN HIGHWAY ACCESS required) : (A traffic study may be • 1 arkwa G. FIRE PROTECTION (NOTE: FIRE FLOWS DATA WILL BE REQUIRED BEFORE FINAL PLATTING) : _City of OCo and existin 16" water main onsite 11. SUBMIT A PRELIMINARY SITE P LAN ING (EXCEPT VOLUNTARY ANNEXATIONS) : THE COMMERCIAL, SUBDIVISION, AND PUD SITE PLAN ) ' (SEE COFORRCID ADDI— TIONAL REQUIREMENTS) REGULATIONS FOR A. PROJECT NAME West End Professional Park B. NAME, ADDRESS, AND TELEPHONE NUMBER OF THE APPLI— CANT, OWNER, ENGINEER AND SURVEYOR APPLICATION FOR DEVELOPMENT REVIEW PAGE 5 C. SUBMITTAL AND REVISION DATES D. PROMINENT NORTH ARROW E. SCALE AT NOT LESS THAN 1"=100' F. A "SEALED" BOUNDARY SURVEY, INCLUDING A LEGAL DESCRIPTION, TOTAL ACREAGE, AND SHOWING LINEAR DIMENSIONS AND SURVEYOR HEADINGS (COMPREHENSIVE PLAN AMENDMENT PETITIONS MAY SUBMIT BOUNDARY SURVEY SUBSEQUENT TO FIRST ORDINANCE READING) G. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING PARCELS H. LOCATION MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO EXISTING ROADS AND LANDMARKS I. LOCATION, NAME, RIGHT-OF-WAY WIDTHS, AND PAVEMENT WIDTH OF EXISTING STREETS AND PROPOSED INGRESS AND EGRESS POINTS J. EXISTING TOPOGRAPHY AT ONE (1) FOOT CONTOUR INTER- VALS BASED ON THE ORANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) BENCH MARCS K. VEGETATIVE TYPES, WOODED AREAS AND LIKELY CONSERVA- TION ZONES L. LIMITS OF 100-YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS OF ALL LIKES AND WETLANDS M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVA- TION SERVICE SYSTEM N. ANY OTHER INFORMATION DEEMED NECESSARY AND APPRO- PRIATE BY APPLICANT TO HELP DETERMINE COMPLIANCE WITH THE CITY OF OCOEE'S DEVELOPMENT CODES. LIST AND ILLUSTRATE ITEMS SO IDENTIFIED: APPLICATION FOR DEVELOPMENT REVIEW PAGE 6 12 . APPLICANT SHALL SUBMIT A LIST OF THE OWNER'S NAMES AND MAILING ADDRESSES FOR ALL PROPERTY LYING WITHIN THREE HUNDRED (300) FEET OF THE PERIMETER OF THE SUBJECT PROP- ERTY, PER THE LATEST ORANGE COUNTY PROPERTY-APPRAISERS AD VALOREM TAX ROLL. FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE THE SUBMITTED APPLICATION TO BE DENIED. NOTE: DEVELOPMENT REVIEW APPLICATIONS REQUESTING REZONING OF ONE SINGLE-FAMILY HOME IN AN "A-1" OR "A-2" ZONE MAY REQUEST CITY STAFF TO PROVIDE LIST OF PROPERTY OWNERS . APPLICANT MUST ATTACH COMPUTER PRINTOUT OR HAND LISTING AS REQUIRED. FLOPPY/4758IIII (3) 01 (09/20/90) APPLICATION FOR DEVELOPMENT REVIEW PAGE 7 • • CITY OF OCOEE, FLORIDA OWNER/8 AFFIDAVIT STATE OF F�c �' f>-( COUNTY OF ), 6 C- Before me, the undersigned personally appeared A /-1:-W le < AL 1-1 E LL6/ • , who being first duly sworn on oath, depose(s) and say(s) : 1. That they/she/he are/is the fee-simple owner(s) of the property legally described in this application and that the attached ownership list is made a part of the affidavit and contains the legal description(s) for the real property, and the names and mailing addresses of all owners having an interest in said land. 2 . That they/she/he desire(s) to rezone from R-3 to I-1 (specify action sought) for said property. 3 . That they/she/he have/has appointed W. Glenn Jackson (specify himself or agent) to act as agent in their/her/his behalf to accomplish the •above. 4 . That they/she/he affirm(s) , certif(y) (ies) and will comply with all ordinances, regulations and provisions of the City Code of the City of Ocoee, and that all statements and diagrams submitted herewith are true and accurate to the best of their/his/her knowledge and belief and further, that this application and attachments shall become part of the official records of the City of Ocoee, and are not returnable. • 5. That the accompanying adjacent property owners list is, to the best of their/her/his knowledge, a complete and accurate list of the owner's names and mailing addresses for all property lying within three hundred feet (300') of the perimeter of the subject parcel, as recorded on the latest Official Orange County Tax Rolls. 6 . That the public hearing, if applicable, signs will be prominently posted on the subject parcel not less than twelve (12) days before the application will be considered by the Planning and Zoning Board or the Board of Adjustment and will • APPLICATION FOR ueVELOPMENT REVIEW PAGE 8 remain posted until final determination after which time the notices are to be removed and destroyed. //? - e Bros. Gro 4; Sworn to and subscribed before me / Sir nature —'— this '1 *.::1 day of ,--�pf ( , 19,7,;1� . r?PNASe. � �u�-� ' Notary Public My commission expires: (NOTARIAL SEAL) NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV.18,1993 BONDED THRU GENERAL INS. UND. Owner's Signature Sworn to and subscribed before me this day of 19 Notary Public My commission expires: (NOTARIAL SEAL) Sworn to and subscribed before me Owner's Signature this day of , 19 Notary Public My commission expires: (NOTARIAL SEAL) APPLICATION FOR DEVELOPMENT REVIEW PAGE 9 Heller Bros. Groves i • X (LApPIicant:ss/ SIgnature Sworn to and subscribed before me pl1hoa5`"') Pet^'`'` this 474.21 day of /4/ '/,'IL--- X 4/ 'I.' L. ;, yh Notary Public My commission expires : (NOTARIAL SEAL) NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV.18.1993 BONDED THRU GENERAL INS. UND. FLOPPY/4758IIII(3) 01 (09/20/90) 1. Parcel 7 Heller Bros. P.O. Box 770249 Winter Garden, FL 34777-0249 2. Parcel 15 Personal Rep. of Frances S. Pignone, Angeline V. Sharp Estate 1720 E. Gallin Avenue Orlando, FL 328056 3. Parcel 60 Waste Technology Corp. P.O. Drawer 278 Ocoee, FL 32761 4. Parcel 82 Boren Development Corp. 2625 W. S.R. 434 Longwood, FL 32779 5. Parcel 85 Westlake Partners Ltd. 1412 W. Colonial Drive Orlando, FL 32804 6. Parcel 90 Tamela Hauge 2929 Professional Parkway Ocoee, FL 34761 7. Parcel 3 Lauren B. Goodman, Et Al , Trustee 890 S.R. 434 N Altamonte Springs, FL 32714-7024 8. Parcel 4 Seaboard Coastline Railroad Co. c/o Tax Dept. Family Lines Rail System 1208-500 Water Street Jacksonville, FL 32202 SITE LOCATION MAP CITY OF OCOEE PROPOSED REZONING 1 , .. CASE NO. 1 -5R-92: HELLER LAKE, C-2 i -----' • C-3 k \ . , UNE... C-3 i C-2 BLANCHARD —\ :-3 -- STATE ROAo 50 0 , ATE ROAD 1) T, .. EFEI i P-7:s I g ZASIMIWZR . ' I I 1 1-1.77. . Uig100101090W4 i 1 1 I . ' CIAlt:41- 0 0 . . --'"16 , 4 0 r—1 ..:**411111.1.:..:.,:p R..3 '-‘r1 E).1.t 1.';::"•,7tril; 1 ::::1?-. • ' a 4. TW —IT —Ifi --.:i i('TT.T.„,• ...... C-3 LAKE SUBJECT ,P i-E. - r 24, ULLY r-T----1 i ------- ........11.171_L: _...L.4 ....4 RITII to,t /' --::, ‘ hi. 11 — II lil C-3 C-3 _af.Z.,?/;-\:‘,-ef-iIA 1 II ! ilrF2I Hif14.. `c-,';',4-A I . i'Llriti ft................:..mr,I v----,\ ...-4 i.•___Llis 1 i LAKE \:...._\ >.......i.. • - • Ili • ' 4 : •III ,r3 -, LPEAR NNi . 1 . ' :. w R-3 . • . . !--- : . ri \ Aliv, . ,./ ,',i EXISTING ZONING R-3, MULTIFAMILY RESIDENTIAL DWELLING DISTRICT PROPOSED ZONING - I - 1 , RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT SITE SIZE: 12. 9 ACRES EXHIBIT A EXHIBIT A DESCRIPTION: That part of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the Southeast corner of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East and run S 89°26'52" W along the South line of said Northwest 1/4 for a distance of 409.38 feet; thence runN 00°29'22" 0 29 22 W parallel with the East line of said Northwest 1/4 for a distance of 744.77 feet to the POINT OF BEGINNING; thence run N 76°28'33" W for a distance of 711.81 feet; thence run N 00°2922" W along the West line of the East 1100.00 feet of said Northwest 1/4 for a distance of 373.74 feet; thence run N 89°29'41" E along the South Right- of-Way line of Professional Parkway, said line lying 30.00 feet south of and parallel with the North line of the South 1/2 of said Northwest 1/4 for a distance of 1100.00 feet; thence run S 00°29'22" E along the East line of said Northwest 1/4 for a distance of 648.58 feet to a point on said East line lying S 76°28'33" E from the Point of Beginning; thence run N 76°28'33" W for a distance of 421.93 feet to the POINT OF BEGINNING. Containing 12.908 acres more or less (inclusive of lake) and subject to any rights-of-way, restrictions and easements of record. IT LA T 41. ORDINANCE NO. 92- 14 CASE NO. 1-5R-92:HELLER AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM "R-3, MULTI-FAMILY RESIDENTIAL DISTRICT" TO "I-1, RESTRICTED WAREHOUSING AND MANUFACTURING DISTRICT" ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLD WINTER GARDEN ROAD AND PROFESSIONAL PARKWAY, AS PETITIONED BY THE PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners ( "the Petitioner") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida ( "the Ocoee City Commission") to rezone and change the zoning classification for said real property from "R-3, Multi-Family Residential District" to "I-1, Restricted Warehousing and Manufacturing District"; and WHEREAS, pursuant to Section 3 . 2 of Chapter II of Appendix "A" of the Code of Ordinances of the City of Ocoee, Florida ("the Ocoee City Code") , the Planning Director has reviewed - said petition and determined that the rezoning requested by the Petitioner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28 , adopted September 18 , 1991 ("the Ocoee Comprehensive Plan") ; and WHEREAS, said rezoning petition was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida ("the Planning and Zoning Commission") ; and WHEREAS, the Planning and Zoning Commission has reviewed said rezoning petition for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be changed to "I-1 , Restricted Warehousing and Manufacturing District", as requested by the Petitioner, and that the Ocoee City Commission find that the zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and TJE1LY WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to proposed rezoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166 .041(3) (a) , Florida Statutes . NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes . Section 2. That the zoning classification, as defined in Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "R-3, Multi-Family Residential District" to "I-1, Restricted Warehousing and Manufacturing District": SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Section 3. That the City Commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. Section 4. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendments enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 1.1 of Chapter III of Appendix A of the Code of Ordinances of the City of Ocoee. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 [1] Q � Section 6. 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 7 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1992 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk Lester Dabbs , Jr. , Mayor (SEAL) ADVERTISED June 4 , 1992 READ FIRST TIME June 2 , 1992 READ SECOND TIME AND ADOPTED 1992 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1992 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING By: HELD ON , 1992 City Attorney UNDER AGENDA ITEM NO. 3 . _ SITE LOCATION MAP ............. CITY OF OCOEE PROPOSED REZONING CASE NO. 1 -5R-92: HELLER ,I LAKE} C-2 i Li..... C-3 ; C-3 i C-2 BLANCHARD I 1 b :-3 --- -----i 7 ; i EL. 1 f I 4.• STATER ' ay? , . f Hi \ '1J-c33 ‘.., ....<0 , 1 ! i c-2 'C-1 - '`• i se. *9 C-2 .........._......., _ \J.............., ..... #1.x ----(,---7---, " " p ---1---.7-7-- P-Si , ; ! .., _....1 -• 1--:- ; , ; --# ' IPROFESsiobrAi. iP-IC Y _ , i 1 ..--- SI 1 P-1-I 7 11.1 IMM5,47.NE :AOSITY.fied001- 1 • , •. .7-,,--,... i-i. '401titiriiha***;pc,''''.:::'. i....-4-• i---, 1 7,-... ' <0 Liturss":.1111fia I ..., -g,a,t4,-ii _... , '4 '-i-t Tr-, • 9,44. tAKE lk -- 1 . ,-4 la-, t rivii- 7._Tr' il/ 0---TI;; C-3 SUBJECT PROVER 1.--44±t a I-1 Nom,' ).., vo?4, ----i;\.,.. ,,,•..._, ,, ! 1174_ ; ..L____F7 _.1 1 1!ii.i...„ /4- t •-•:'-'4\ .' ''.... I " i 1 i 1 LULLI. '\\ • J---' - - • r LAKE \-::,:„,,,, >._ : i I 3 i • , -4 r-rt 1 i i 1 1 \.--•\ss --)k• / i 1 t.._. :-.1.:I d 0PEARL ,•-'''''VI. /fis-s< ce R-3 \\\ A/ K4..,.. _.4... ,',/c.,,,A <c.<› 1 "*"1 , I al:i!• -_,....-...- // EXISTING ZONING R-3, MULTIFAMILY RESIDENTIAL DWELLING DISTRICT PROPOSED ZONING I - 1 , RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT SITE SIZE: 12. 9 ACRES EXHIBIT A 1 EXHIBIT A DESCRIPTION: That part of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the Southeast corner of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East and run S 89°26'52" W along the South line of said Northwest 1/4 for a distance of 409.38 feet; thence run N 00029122" 9 9 22 W parallel with the East line of said Northwest 1/4 for a distance of 744.77 feet to the POINT OF BEGINNING; thence run N 76°28'33" W for a distance of 711.81 feet; thence run N 00°29'22" W along the West line of the East 1100.00 feet of said Northwest 1/4 for a distance of 373.74 feet; thence run N 89°29'41" E along the South Right- of-Way line of Professional Parkway, said line lying 30.00 feet south of and parallel with the North line of the South 1/2 of said Northwest 1/4 for a distance of 1100.00 feet; thence run S 00°29'22" E along the East line of said Northwest 1/4 for a distance of 648.58 feet to a point on said East line lying S 76°28'33" E from the Point of Beginning; thence run N 76°28'33" W for a distance of 421.93 feet to the POINT OF BEGINNING. Containing 12.908 acres moi-e or less (inclusive of lake) and subject to any rights-of-way, restrictions and easements of record.