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Home My WebLink AboutOrdinance 2003-18 ORDINANCE NO. 2003-18 CASE NO. SSPCA-02-001: FIX Scenery & Display Compo Plan Amendment 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 9.88 ACRES LOCATED APPROXIMATELY 150 FEET SOUTH OF 17TH A VENUE ON THE WEST SIDE OF OCOEE-CLARCONA 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 SSCPA-02-001 in order to amend the Future Land Use designation of certain real property containing approximately 9.88 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCPA-02-001 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on March 26, 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-02-001, 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 May 6, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-02-001; 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 ofthe City of Ocoee ('Ocoee Land Development Code"); and 006.292119. WHEREAS, the Owner of the Property has requested that this Ordinance not become effective until such time as a copy of the recorded deed is delivered to the City evidencing the conveyance of the Property to be annexed to FIX Scenery & Display, Inc. and the JPA Agreement is amended to allow for Light 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 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 SSCPA-02-001 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 a copy of a recorded deed evidencing the conveyance of the Property to FIX Scenery & Display, Inc. (the "Deed"); (2) delivery to the City of an amendment to the JP A Agreement which allows for Light Industrial land uses on the Property, which JP A Amendment has been executed by both the City and Orange County (the "JP A Amendment"); and (3) Ordinance 2003-17 becoming effective. In the event the Deed is not delivered to the City within ninety (90) days of the date this Ordinance is adopted, or in the event a IPA Amendment is not delivered to the City by 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. 2 006.292119. PASSED AND ADOPTED this f.11 ~ day of M ~ ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGAI,..ITY AA. this {, day of I v It 7 ' 2003. FOLEY!lJ'" LARD~ By: {lads ~ City Attorney 006.292119. ,2003. APPROVED: CITY OF OCOEE, FLORIDA ;;::;;S'~;J~ S. Scott Vandergrift, Mayor ADVERTISED /t..PA.:f..L 2.-+\ ~DOj READ FIRST TIME f\. r.t.:r:. L l ~ ~ ~ cM.1 READ SECOND TIME AND ADOPTED /'ol "''1 (g J .:l- 0 0 ~ Under Agenda Item No. yr: A d... Effective September 19, 2003 pursuant to Section 10 of Ordinance No. 2003-17 as amended by Ordinance No. 2003-31. (copy attached) In a letter dated January 15, 2004, DCA notified the City the Department will not review this SSCPA. 3 Exhibit "A" Begin at northeast corner of Southeast 1,4 of Southeast 1,4 of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way and also less the northernmost 50 feet and the westernmost 50 feet. Containing 9.88 acres, more or less, in Orange County, Florida. 4 006.292119. o o nnc: """""'4 4n Exhibit "B" Syrrounding Future L,md Use Map FIX Scenery and Display, Inc; Small Scale Comprehensive Plan Amendment Case #SSCPA-02-001 Low Density Residential to Light Industrial' N W*E .~ Oeo.. Community D.....lopm.nt O.p.rtmut Scale: linch-aootee, o 200 400 600 eoo f..t - - I Prt~.d: Mlrch 2003 LEGEND CSUbject Properly Unincorporated Terr~olY HIEand Other Municipalities ~ Rail Lines Future Land Use Classification: .:-' Low DenSity Residential. _ Medium Density Residential _ High Dens~ Residential _ Professional Offices and Services _ Commercial. .. Ugh I Industrial _ Heavy Industrial _ Conservation/Floodplains Lm Recreation and Open Space _ Public Facll~lesnnsmullonal Lakes and Water Bodies 5 ORDINANCE NO. 2003-31 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RETROACTIVELY AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 2003-17 AND OF ORDINANCE NO. 2003-18 BY EXTENDING THE DEADLINE FOR THE OCCURRENCE OF A SPECIFIED CONDITION PRECEDENT IN EACH SAID ORDINANCE FROM 90 TO 180 DAYS FROM THE DATE OF ADOPTION; SPECIFYING THAT ALL CONDITIONS PRECEDENT IN SAID ORDINANCES BE SATISFIED NO LATER THAN NOVEMBER 2,2003; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 6, 2003, the Ocoee City Commission, after due public notice and all required public hearings, adopted Ordinance No. 2003-17 and Ordinance No. 2003-18; and WHEREAS, each of these Ordinances specified that certain conditions precedent must be satisfied within either ninety (90) or one hundred and eighty (180) days in order for the Ordinances to take effect; and WHEREAS, circumstances beyond the control of either the City or the owners of the property which is the subject of said Ordinances have precluded the satisfaction of the ninety (90) day deadline; and WHEREAS, allowing the said Ordinances to expire without becoming effective would be contrary to the best interests of the City of Ocoee and its citizens and the City Commission having determined that the retroactive extension of the same constitutes an emergency; and WHEREAS, the City has determined that it is in the City's best interest to revive and amend said Ordinances to set a uniform deadline for the occurrence of all such conditions precedent, and that one hundred and eighty (180) days from the date of original adoption is an appropriate deadline; and WHEREAS, the City Commission desires only to amend the effective date of said Ordinances and is not amending any substantive provision of said Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. AMENDMENT OF ORDINANCES NO. 2003-17 AND 2003-18. 006.292066. (a) Ordinance No. 2003-17 is hereby amended by deleting Section 10 thereof in its entirety and replacing it with the following: Section 10. Effective Date. This Ordinance shall take effect upon the occurrence of all of the following: (1) delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed to FIX Scenery & Display, Inc. (the "Deed"); (2) delivery to the City of an amendment to the IPA Amendment which allows for Light Industrial land uses on an approximate 9.8 acre portion of the subject property, which IP A Amendment has been executed by both the City and Orange County (the "lPA Amendment"); and, (3) Ordinance 2003-18 becoming effective. Thereafter, the City Clerk is hereby directed to attach a copy of the Deed and IP A Amendment to this Ordinance and to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the effective date. In the event the Deed is not delivered to the City within one hundred and eighty (180) days of the date this Ordinance is adopted, or in the event the IPA Amendment is not delivered to the City within one-hundred eight (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. (b) Ordinance No. 2003-18 is hereby amended by deleting Section 6 thereof in its entirety and replacing it with the following: Section 6. Effective Date. This Ordinance shall take effect upon the occurrence of all of the following: (1) delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed to FIX Scenery & Display, Inc. (the "Deed"); (2) delivery to the City of an amendment to the IP A Amendment which allows for Light Industrial land uses on the Property, which IP A Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and, (3) Ordinance 2003-17 becoming effective. In the event the Deed is not delivered to the City within one hundred and eighty (180) days of the date this Ordinance is adopted, or in the event the IPA Amendment is not delivered to the City within one-hundred eight (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect SECTION 3. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 4. 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 006.292066. 2 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 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon adoption and shall be applied retroactively to May 6, 2003, the original date of adoption of Ordinance 2003-17 and 2003-18. PASSED AND ADOPTED this ~_li. day of J L( ~ uS r , 2003. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FOIDfl AND IkGAL}TY This L day of tr~ \..{S ,2003. FOLEY sfJ)A;:t<ER ~ By: b/ it, S City Attorney 006.292066. ADOPTED PURSUANT TO A FINDING OF EMERGENCY ADOPTED Bl THE OCOEE CITY COMMISSION ON l!<411S r- S- _,2003 Agenda Item No.l7iL '3 .,.,- 3