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Home My WebLink AboutOrdinance 96-13 ORDINANCE NO. 96-13 CASE NO. CPA-96-002: SYSCO AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING FIGURE 2 OF APPENDIX A TO CHANGE THE FUTURE LAND USE DESIGNATION FROM RECREATION AREA TO HEAVY INDUSTRIAL ON CERTAIN REAL PROPERTY CONTAINING :t8.994 ACRES LOCATED ON WEST STORY ROAD APPROXIMATELY 1,000 FEET WEST OF ITS INTERSECTION WITH MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. In adopting this Ordinance the City Commission of the City of Ocoee, Florida ("City Commission") hereby makes, expresses, and incorporates the following findings, purposes, and intent: a. On September 18, 1991, The City Commission adopted a new comprehensive plan pursuant to Chapter 163, Florida Statutes, which has been amended from time to time. b. The Property Owner initiated Amendment Number CPA-96-002 in order to amend the future land use designation of its property. c. Amendment Number CPA-96-002 constitutes a small scale comprehensive plan amendment within the meaning of Section 163.3187(c), Florida Statutes. d. On August 13, 1996, the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number CPA-96-002. e. All required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee ("Ocoee Land Development Code") SECTION 2. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Sections 1-8 of Article I of the Ocoee Land Development Code. SECTION 3. The future land use designation as set forth on Figure 2 of Appendix A of the Ocoee Comprehensive Plan of the following described parcel of land containing :t 8.994 acres located within the corporate limits of the City of Ocoee, Florida, ("the Property") is hereby changed from "Recreation Areas" to "Heavy Industrial": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of the Property is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth on Figure 2 of Appendix A of the Ocoee Comprehensive Plan to incorporate Amendment Number CPA-96-002 consistent with the provisions of this Ordinance. 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 become effective on the 31 st day after passage and adoption if no affected person has filed a petition with the Division of Administrative Hearings in accordance with Section 163.3187(3) Florida Statutes. If such a petition is timely filed, this Ordinance shall become effective on the date the Department of Community Affairs or the Administrative Commission issues a final order determining that the adopted Amendment Number CPA-96-002 is in compliance. ~ PASSED AND ADOPTED this 3 - day of f G-fJT&Y1l3H:2-, 1996. ATTEST: (SEAL) ADVERTISED AUGUST 18, 1996 READ FIRST TIME AUGUST 20, 1996 READ SECOND TIME AND ADOPTED ~&PTCmf\6-R- d . )99-6 Under Agenda Item No:-SZ:: A. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPR~VED AS TO ~ORfv1 AfIJD ~EGALlTY this day ofq'tew\ 00' , 1996. ::LEY6Q?~ City Attorney Exhibit A City of Ocoee P~anning Department SYSCO Food Services of Central Florida located on the north side of Story Road, approximately 1,000' west of Maguire Road DESCR!PTlON: C.R. BOOK .3337, PAGE 279, OUITClAIM DEED F~OM THE SOUTHEAST CORNER Of' THE SW 1/4 OF THE NE 1/4 OF SECTION 19, TQWNSHIP 22 SOUTH, RANGE 28 EAST, OCOEE,' ORANGE COUN TY, FI. (JRIDA: RUN 'NEST ALONG THE 1/4 SECTION LINE, 1057.4.3 FEET FOR A POINT Of" m:CINNING; THENCE CONTINUE ~ST 588.64 FEET; THENCE N 01'21'30" E, PARAIl.El WiTH THE WESTERLY RIGHT OF WAY LINE OF MARSHALL FAR~S ROAD, 8.30.00 FEET: THENCE EAST 2.39.17 FEET; THENCE S 00'27'48" E 258.4.3 FEET Al.()I~G A WOVEN WIRE F"ENCE; THENCE CONTINUE ALONG SAID FENCE S 8S'52'31" E .333.31 F"EET Ar~O THENCE S 00'05'46" W 553.18 f'EET TO THE FOINT OF BEGINNING. SUBJECT TO RIGHT OF WAY FOR STORY ROAD OVER THE SOUTH .30 FEET THEREOF. GROSS AREA - 8.994 ACRES (INCLUDING PART WITHIN 30 FOOT STORY ROAD RIGHT OF WAY) ~ET ARE.A = 8.589 ACRES (EXCLUDING PART Wln~IN .30 FOOT STORY ROAD RIGHT or WAY) Legal Description Exhibit B. Page 1 of 2 City of Ocoee Planning Department SYSCO Food Services of Central Florida located on West Story Road approximately 1,000 feet west of its intersection with Maguire Road ..... . ' / .. ' '. ' "/, ' ' , if14YJ~)t:;~:J!~?:;( :<~S;:?J;}~~:;!.:~~~~"{:t.}%f; ~.: :tfi1?~f.f?{j:~:1ti~f ~{~?\;>~~:U;<;;}At&~i~ : 7 II I I / II -; " .".... I~ ..~. .:-:......./~/~ ..:;.:......>:. :;;,;xN.... ./' x, . '0' '. >'~,:,':{'<~:;i:;.~:: ':,,'(. ~~~'%..... ..-;,:'1;/;.':'; '.;.:. / ~~.< /';:,%:':'. -;...... /.:.;.:.'';';' ;.,;....:..... ifl~bi.;:J* iJ9:Y :.;.i.,...:.;...i'J',[,*.t,~/f.,;!.t.i..:..'...".{.\:~,~.. ..:24ifttf iffiffiiNb2/hf.? :;<?;~V{ ;';;'-:':.;;~(.{<:;:;.:...:':.>X~":;'..;.>:; ..~y:~ . ..'..... . .... . ':.:.>.%h~';~;;~/~ ~~~':(-~(,-j/"":'l:.%...t....; ,g-;. ':-,;.... . '. .../......-:.:..'/-..:/.;.;~... //...,....":;,....:...... .: . .............::~~.;,.....:....~:.;. ";'.' '.~., . . ....,;.,c .~j50;IJI ~;~~(1fll;;~fi'r;:'lJ;lr~f :),C~jJt;} x. . . . ;~{!:':i ,;';/-;;::';F"l-';,,::;/,{,;-,"';X;,:,;:y '.-:../...;, ..;......:-;.. . ,..:... .....;~../......<.;../ ' . . /~.../ "~ . .". I. / ," .'" ././.....;.;~~.~%....../~ .....".,:..~:.. :'> '''/.",' ",..', ,:...:.....;:~;:"..;..: . /~. ....;..~.."'~..//..../:/.~ .<.:::~::~;(.:." ;y.... . .- . #~I~<;0i.i"'...,.;.(.:.t>"flil.::'~.,..;....'...'.:.'..1..;.....,.,.:.1.,,;rd/ .'> .~ ~~x-//~.:. "'.'{,-'.'/ ............../ . . . . /%.~l1~:::/: ;.< ::":.;d?Y/:: ':;:: :. Legend: Case Number: CPA-96-002 - . . I . Subject Property Ocoee City Lim its Ora n g e Co un ty Outside of JPA North Exhibit B. Page 2 of 2 City of Ocoee CPA-96-002 Proposed land Use Change Small Scale Future Land Use Map Revision Location: on Story Road approximately 1,000 feet west of the intersection with Maguire Road Size: ::I: 8.994 acres Proposed Change: From: To: Recreation Heavy Industrial Existing Proposed Justification: The subject property is located just west of the SYSCO Food Services campus. The property is locally known as the West Orange Girl's Club and was recently purchased by SYSCO. The property is currently developed into five softball fields. If approved, the requested change would allow SYSCO to expand their facilities. The subject property has historically been zoned 1-2 which permits heavy industrial land uses: Apparently, the future land use designation of Recreation was assigned to the subject property because it contained recreational facilities. However, the subject property has been privately-owned and is inappropriately located within an area of intense commercial and industrial development. Accordingly, the future land use designation assigned during the adoption of the 1991 Comprehensive Plan should have remained Heavy Industrial to be consistent with its zoning. Staff has determined that the request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) surrounding land uses. More specifically, the requested change is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1 ; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.10; (e) Objective 2; and (f) Policy 2.6.