HomeMy WebLinkAboutOrdinance 2003-49
ORDINANCE NO. 2003-49
TAX PARCEL ID # 18-22-28-0000-00-001
CASE NO. SSPCA-03-004: T. Milton West Comprehensive Plan Amendment
(606 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 ATIONIFLOODPLAINS," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.3
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-03-004 in order to amend the Future
Land Use designation of certain real property containing approximately 5.3 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-03-004 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section l63.3187(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-03-004, 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-03-004; and
006.299796.2
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 evidencing the JP A 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 and the contract purchaser.
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. Conflictinl! 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 2003-48 (annexing 606 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
006.299796.2
PASSED AND ADOPTED this A day of # 0 LJ &/H Ob~2003.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
.=7S5ot. Ii
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED tJo\J ~12cv3Mffl"
READ FIRST TIME Al()lJe~ Lf ,2003.
READ SECOND TIME AND ADOPTED
tJvJeVYIlM,K"" le,2JxJ3, UNDEL
AGENDA ITEM NO. V (' _ 3
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGyITY A"
this t day of I voJ..er...., bv- , 2003.
:~LEYOtl~jf)
City Attorney
3
006.299796.2
Exhibit "A"
Legal Description
606 Ocoee-Apopka Road
The North One-Half (N 1/2) of the Northeast Quarter (NE 114) of the Northeast Quarter (NE
1/4) of the Northwest Quarter (NW 1/4) and a strip on West 23 Yards on North end and 35
Yards on South end, all in Section 18, Township 22 South, Range 28 East, Orange County,
Florida. Subject to Right-of-Way for Ocoee-Apopka Road.
4
006.299796.2
006.299796.2
EXHIBIT "B"
T. Milton West Properties
Location Map
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