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Home My WebLink AboutOrdinance 2003-55 ORDINANCE NO. 2003-55 TAX PARCEL ID # 07-22-28-0000-00-063 CASE NO. SSPCA-03-007: T. Milton West Comprehensive Plan Amendment (888 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 ATIONIFLOOD PLAINS," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.13 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 No. 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-03-007 in order to amend the Future Land Use designation of certain real property containing approximately 1.13 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-03-007 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 SSCPA-03-007, 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 SSCPA-03-007; and 006030978002 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 WHEREAS, the Owner of the Property has requested that this Ordinance not become effective until such time as the JP A Agreement is amended to allow for industrial land uses on the Property (the "JPA Amendment") so as to cause this Ordinance to be consistent with the JPA Agreement; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the Owner and the contract purchaser. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. 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-03-007 consistent with the provisions of this Ordinance. SECTION 4. Conflicting 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 JP A 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 2003-54 (annexation of 888 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 006030978002 PASSED AND ADOPTED this --1L day of JJ D V t;1l) &~e , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~~AJ S. Scott Vandergrift, Mayor (SEAL) ADVERTISEDNoJeWl0~ y ,2003. READ FIRST TIME.Nnut'MhfA'" Lj ,2003. READ SECOND TIME AND ADOPTED NOJelM Iue"r lB. ;)tJo371 UND:t:R AGENDA ITEM NO. \I e.. {p d FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGA~J;fY A I , this -1L day of tV J J4..,... 'OC-, 2003. FOLEtr~R J J. Ii By: {f~ r~ City Attorney 3 0060309780.2 Exhibit "A" Legal Description 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND ----- FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA. 4 006030978002 Exhibit "B" 1. Milton West Properties Location Map r- Ji il\ ; ( I rJ I I , \ - \( U , - ..... ..,l'.! .=.~ . - i\.T I e- II r- I ;2 =:J - Q. FL~ : I 0 Q. l <C '- )1 ) U:l 0 u r- : 0 .,~ ,'~ ,..'. ----- - ..ii: 850 <I - - , '. - ~8a , J ............. ;] - .lli! 531 l -- f- 606 ... ,i,l. w ~~ z a: I~ I- - IT 1A~DEkS l L~I-~ " I -I: . i..i - i. . InEI ~ ~ ~K - ....... - " :;;;!T~ 1= ~ oml = C/) ! r=- f="-i [ l- e ":\ =c I;Z;;"'" ~ '9, I: I- ."i..1 = ). ~ ~ r- -~ L- \-- ,. i : ..\';, 'r':il\ = ~ ~/,)< 1(2( ~ ~ I ~ I~ ~ I- ".". =~.:J~1;r- T1I~~ ~ \- 5 0060309780.2