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Home My WebLink AboutOrdinance 2003-58 ORDINANCE NO. 2003-58 CASE NO. SSPCA-03-006: West Comprehensive Plan Amendment (850 Ocoee-Apopka Road) 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 THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL/CONSERV ATIONIFLOOD PLAINS" TO "LIGHT INDUSTRIAL/CONSERV A TIONIFLOOD PLAINS," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.4 ACRES LOCATED NORTH OF SILVER STAR ROAD ON THE WEST SIDE OF OCOEE-APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance # 91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCP A-03-006 in order to amend the Future Land Use designation of certain real property containing approximately 9.4 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCP A-03-006 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on October 14, 2003, the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCP A-03-006, conditioned upon approval of 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"); and WHEREAS, on November 18, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCP A-03-006; and WHEREAS, 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"); and 006.299850.2 WHEREAS, the Owner of the Property has requested that this Ordinance not become effective until such time as the JPA Agreement is amended to allow for industrial land uses on the Property (the "JP A Amendment") so as to cause this Ordinance 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. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. 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 Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density ResidentiallConservationIFlood Plains" to "Light IndustriallConservationIFlood Plains". A map of said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. 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 in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCP A-03-004 consistent with the provisions of this Ordinance. SECTION 4. Conflictin2 Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: (1) delivery to the City of an amendment to the JPA Agreement which allows for industrial land uses on the Property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and (2) Ordinance No. 2003-57 (annexation of 850 Ocoee-Apopka Road) becoming effective. In the event the foregoing does not occur 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. 2 006.299850.2 i€>'-" '1 d/LJ PASSED AND ADOPTED this i-L'-day of fV D vcll1rx:::- ,2003. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEG~TY ~" " this day of '~~bv-: 2003. ::LEr3>~ City Attorney 006.299850.2 APPROVED: CITY. OF OCO.il' i ORI D. A ~--., 'U/ ~ < / ." ~. --;it" ev S. Scott Vandergrift, Mayor ADVERTISED tkL~, 2QJ2>itND~ READ FIRST TIME~oJe~bu LI , 2003. R.EAD SECOND TIME AND ADOPTED lVoJeyn W Ig, )..oc~ UNDER AGENDA ITEM NO.' C. 5 J 3 Exhibit "A" Legal Description 850 Ocoee-Apopka Road Commencing at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East Orange County, Florida; run South 466.62 feet to the point of beginning; thence run West 933.24 feet; thence run South 468.72 feet; thence run East 295.69 feet; thence run South 40.92 feet to a point 386.76 feet North of the South line of aforesaid Southeast 1/4 of the Southwest 1/4: thence run East 119.80 feet more or less the centerline of a ditch, thence run S 73030'41" E along said centerline of ditch, 325.69 feet; thence run N 00014'03" W, 241.86; thence run S 89045'00" E, 206.44 feet to a point 535.28 feet North of the Southeast corner of Southeast 1/4 of the Southwest 1/4 of Section 7, Township 22 South, Range 28 East; thence run North 361.12 feet to the point or beginning. Less Right of Way for Ocoee- Apopka Road. 4 006.299850.2 EXHIBIT "B" T. Milton West Properties Location Map W!',ll' ( I I J r \ - \( l- I- I 1 '.." , . ~ - II! b;~ - I;; ;:;ii: I I- m I - ;2 - tJ & p-- ,; , ~ I W - 0 Ii <..> 0 WI:,!: ~ ; - ..' 850 .i - - .:! \ 88~ ii.'. J ............ - ------------. 531 I ',', - 606 >: '. ii, W ~ z :" .' a:: - - - 1AND~S l := " -F I I ~ I IE eYS~ ~ f,-'c,'~ " '~ -lool:~ 1= f-- i- e' =h~", \--- -~ 7-- !. 1= 1!:6 '?(~ i ,;\\\~~t=~ ~ ~ ~ ,-'~ L I-J LJ-" I- f-- ~ "! ,"" f-0H^~R II ~~ ~ JI L 5 006.299850.2