HomeMy WebLinkAbout2022-08 429 Business Center Phase II - Small Scale CPADOC # 20220318258
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ORDINANCE NO.2022-08 Phil Diamond, Comptroller
Orange County, FL
(Small -Scale CPA — 429 Business Center Phase II) Ret To: CSC INC
TAX PARCEL ID#: 18-22-28-0000-00-005, 18-22-28-0000-00-106 & 18-22-28-0000-00-105
CASE NO. CPA-2022-002: 429 Business Center Phase II
Small -Scale Comprehensive Plan Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 19919
AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE
OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND
USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR)
TO LIGHT INDUSTRIAL (LI) FOR CERTAIN REAL PROPERTIES
CONTAINING APPROXIMATELY 5.87 ACRES LOCATED ON THE
EAST SIDE OF PINE STREET BEGINNING APPROXIMATELY 462
FEET NORTH OF PALM DRIVE AT 701, 707, AND 711 PINE STREET;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY FUTURE LAND USE MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission")
has adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No.
91-28 on September 18, 1991 pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Chapter 163, Part Il, Florida Statutes, sets forth procedures and requirements
for a local government to adopt comprehensive plan and amendments thereto; and
WHEREAS, the owner (the "Applicant") of certain real properties (the "Subject
Property") located within the corporate limits of the City of Ocoee, Florida, assigned tax parcel
identification numbers 18-22-28-0000-00-005, 18-22-28-0000-00-106 and 18-22-28-0000-00-
105, more particularly described in Exhibit "A" and depicted in Exhibit "B", has submitted an
application to the Ocoee City Commission to amend the Comprehensive Plan Future Land Use
Map designation (the "Comprehensive Plan Amendment") of said real Subject Property from Low
Density Residential to Light Industrial; and
WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of
the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive
Plan Amendment application and determined that said Comprehensive Plan Amendment is
consistent with the Ocoee Comprehensive Plan, as amended from time to time; and
WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday,
April 12, 2022, to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
20220318258 Page 2 of 5
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, May 3,
2022, and Tuesday, May 17, 2022, the Ocoee City Commission held two (2) de novo advertised
public hearings with respect to the proposed Comprehensive Plan Amendment and determined,
after consideration of public comments, that the proposed Comprehensive Plan Amendment is
consistent with the Ocoee Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The City Commission of the City of Ocoee 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 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use
Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to
change the future land use designation of the Subject Property, as particularly described in Exhibit
"A" and depicted in Exhibit `B", from Low Density Residential (LDR) to Light Industrial (LI).
SECTION 4. COMPREHENSIVE PLAN. The City Cleric is hereby authorized and
directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate
the Comprehensive Plan Amendment enacted by this Ordinance.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
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 thirty-one
(31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5),
Florida Statutes.
PASSED AND ADOPTED this �� y of Ll 2022.
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20220318258 Page 3 of 5
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of MR4 , 2022.
SHUFFIELD LOWMAN & VJILSON, P.A.
Lm
City
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johns n, ayor
ADVERTISED jW0?/ a 0,G/ 5- , 2022
READ FIRST TIME , 2022.
READ SECOND TIME AMD ADOPTED
%'r%v/ 17 , 2022.
UNDER 9GENDA ITEM NO. _(o
20220318258 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel ID# 18-22-28-0000-00-005, addressed at 701 Pine Street;
Parcel ID# 18-22-28-0000-00-106, addressed at 707 Pine Street; and
Parcel ID# 18-22-28-0000-00-105, addressed at 711 Pine Street, as further described below:
North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 and South 1/2 of Northwest 1/4 of
Northeast 1/4 of Northwest 1/4 of Section 18-22-28, Orange County, Florida (LESS West 448 feet
of South 100 feet of North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 of section 18-
22-28, and LESS the land lying East of center line of the ditch survey line described as follows:
Commence on East line of Northwest 1/4 of section at a point 343.60 feet North of the Southeast
corner thereof and run South 89°02'48" West 55.17 feet; thence run North 51 °44' 12" West 996.47
feet; thence run North 0°57'42" West 298.7 feet; thence run North 0°30'18" East 290.02 feet;
thence run North 0°46'42" West 255.38 feet; thence run North 07°33'18" East 318.92 feet; thence
run North 04°59"18" East 149.98 feet; thence run North 13°21'18" East 152.42 feet; thence run
North 02°18'42" West 150.80 feet to the North line of said Section 18.)
Also LESS the South 20.00 feet of the West 449.00 feet of the above described parcel.
Also LESS that portion conveyed to the City of Ocoee by Special Warranty Deed recorded in
Instrument Number #20200486135, Public Records of Orange County, Florida.
20220318258 Page 5 of 5
EXHIBIT "B"
429 Business enter Phase 11
Location Map
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