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Home My WebLink AboutOrdinance 2003-29 OCOEE CITY COMMISSION .AA'" -ZOtJ. t.-9 Page 6 of 11 Mayor Vandergrift. seconded by Commissioner Anderson, moved to not adopt Ordinance No. 2003-29, deny the zoning request, and honor the letter from City Manager Gleason to Mr. Doss dated January 23,2002.. Motion carried 5-0. ~ Ordinance No. 2003-30 - Rezoning Parcel B The public hearing was reopened. As no one present wished to speak, the public hearing was closed. Commissioner Howell, seconded by Commissioner Anderson, moved to not adopt Ordinance No. 2003-30, and deny the rezoning of Parcel B as the requested rezoning is inconsistent with the Comprehensive Plan. Motion carried 5-0. RECESS 9:05 - 9:20 P.M. Faraway Farms _ (Community Development Director Wagner, Whit Blanton, RPG, and City Attorney Rosenthal) Transmittal Public Hearing on Ordinance No. 2003-38. This Ordinance transmits to the Department of Community Affairs the proposed large-scale comprehensive plan amendment designating the Faraway Farms property as Commercial/Conservation. (Staff reports from Whit Blanton and City Attorney Rosenthal) City Attorney Rosenthal read the title only of Ordinance No. 2003-38. Community Development Director Wagner gave the background and said the Commission had engaged Renaissance Planning Group (RPG) to assist staff in evaluating this proposal due to its scale and also to work with the City Attorney and the Developers through the review process. He said the Planning and Zoning Commission recommendation was to deny the request and staff concurred with this recommendation. Whit Blanton, RPG, gave the staff report and displayed a map on the overhead showing the location of the property. He responded to questions from the Commission during his report. City Attorney Rosenthal directed attention to Mr. Blanton's written report and staff recommendation and the City Attorney memorandum dated September 9, 2003. Mayor Vandergrift asked that the TV cameras show the displays and the 3D model prepared by the Faraway Farms team. Julie Kendig-Schrader, with Greenberg Traurig, directed attention to a notebook distributed to the Commission containing the documentation included in their presentation to help them keep within the time limits and then introduced their team: Paul Roeker, Tracy Crowe, Connie Owens, Dr. Andy Davis, Turgut Dirvish, Ayman Saidi, Stan Gerberer, and Carla Baker. Carla Baker gave the presentation for the Faraway Farms team, displaying on the overhead and responding to questions from the Commission. The public hearing was opened. Kevin Keller, 1727 Crown Point Woods Circle, speaking for the residents in Crown Point Woods, spoke. against the request and asked for denial. Louise Pitts, 1780 Crown Point Woods Circle, also spoke against the request, and directed attention to a letteJ . ; ~\~ ... ORDINANCE NO. 2003-29 CASE NO. SSCPA-03-003: Doss Compo Plan Amendment 0.366 Acre Parcel 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" TO "LIGHT INDUSTRIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS 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 Gcoee 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 "Gcoee City Commission") to initiate Amendment Number SSCP A-03-003 in order to amend the Future Land Use designation of certain real property containing approximately 0.366 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-03-003 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163 .3187( c), Florida Statutes; and WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Gcoee, Florida, acting as the City of Gcoee Local Planning Agency held an advertised public hearing and recommended denial of Amendment Number SSCP A-03-003; and WHEREAS, on August 5, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCP A-03-003; 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 Gcoee ('Ocoee Land Development Code"). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 006.299948. 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 Residential" to "Light Industrial." 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-03-003 consistent with the provisions of this Ordinance. SECTION 4. Conflictine: 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 passage and adoption. 2 006.299948. PASSED AND ADOPTED this _ day of ,2003. ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY and LARDNER By: City Attorney 006.299948. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED Under Agenda Item No. 3 EXHIBIT" A" , BOU~DARY SURVEY LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK '4',( LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD) AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO, MAP OF OCOEE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A. PAGE 99--100, PUBUC RECORDS OF ORANGE COUNlY, FLORIDA; MORE FULLY DESCRIBED AS FOLLOWS; BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE EASTERLY RIGHT .()F.WA Y LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN S 89 45' 31" E. ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE; THENCE S 00 03' 18" E. ALONG THE CENTER LINE THEREOF, 144.94 FEET; THENCE N 89 46' 17" W. 96.00 FEET TO THE EASTERLY RIGHT.OF,WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03' 46" W. ALONG SAID EASTERLY RIGHT.OF.WA Y UNE, 147.83 FEET TO ,!.HE ~INT Of~GINNING. ' CONT~~I~G ~~ ~CR~~~~R~()R LE~..:....._ _. '_" --_._~.._- - --~-- - - ORLANDO STREET (60'R/W) g4.Z) . 124.23 "er 8.as. .. .0.0 mO ".. I.P. () o 't:>: 'A: C' -Z. fT' s 89" 4$' J'- E ~ - 60~ 8 ______'-E,.. rt\ ' 1:> '2' \P , ~. o 0 .~ ';: o .., f. ~ co 8 (NO 'MPIIOVt;MP'TS HAV E Q;EH)' locATED AS PER .OWH Ell . ...._.-. ..-- "-'. ._~" "-.- '-'-.. 111 () 8 c ,Q 3!: a tzJ - fTI ;:, ::0 r .~ o " " . ... t :J> .. < 'io ", I> 2: k C ", t 111 .-- ::; (J) Q ::lJ ~ ?J "2- II t;O 0 1:> 0 ce." 10'.0 /'l 119"46' 17'W 96.0 "'D 1" ~~ 11 too .. '" ~ ~ . . COLUMBUS STR E'Er (60'R/W) < :J> n J> -I fl1 o 4 006.299948. EXHIBIT "B" Richard A. Doss, Jr. O.366-Acre Parcel Location Map I ( ~ 3) ',.' .,.. I . I ", f -',4 '. '. '" ..... '\. 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