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Home My WebLink AboutOrdinance 2003-15 ORDINANCE NO. 2003- 15 CASE NO. SSPCA-2002-009: Maguire Self Storage 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 "PROFESSIONAL OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ON THE WEST SIDE OF MAGUIRE 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 or owners of certain real property (the "Applicant") within the corporate limits of the City of Ocoee, Florida has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-02-009 in order to amend the Future Land Use designation of certain real property containing approximately 4.92 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, Amendment Number SSCP A-02-009 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-02-009, 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 SSCP A-02-009; 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 WHEREAS, the City has required that this Ordinance not become effective until such time as the JP A Agreement is amended to allow for Commercial land uses on the real property 006.292139. described in Exhibit "A" attached hereto (the "JP A Amendment") so as to cause this Ordinance to be consistent with the JP A Agreement. 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 of the property described in Exhibit "A" attached hereto and by this reference made a part hereof and containing approximately 4.92 acres, is hereby changed from "Professional Offices & Services" to "Commercial". 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-02-009 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 become effective on the 31st day after delivery to the City of the JP A Amendment which amendment has been executed by both the City and Orange County, if no affected person has filed a petition with the Division of Administrative Hearings in accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely filed, this Ordinance shall become effective on the date the Department of Community Affairs or the Administrative Commission issues a final order determining that the adopted Amendment Number SSCPA-02-009 is in compliance. In the event the JPA 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. 2 006.292139. If.. PASSED AND ADOPTED this k day of M Iht ,2003. APPROVED: ATTEST: ADVERTISED I\~A.:I: L 2.'1-1 ~b~3 READ FIRST TIME t\PR-:t.L 1~1 2../,)1l~ READ SECOND TIME AND ADOPTED M ftCj 10 / ;).,00 3 Under Agenda Item No. II ~ I FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGA~ITY AA _ this . day of I V l(L.f ' 2003. ::LEDrt:JtJ City Attorney Effective September 6, 2003, pursuant to Section 6 of Ordinance No. 2003-15. In a letter dated January 15, 2004, DCA notified the City the Department will not review this SSCPA. 3 006.292139. Exhibit "A" THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD RIGHT- OF-WAY), BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89029'11" EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 002159 EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 893011 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH 001450 WEST ALONG THE WEST LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 167.17 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES, MORE OR LESS. 4 006.292139. Exhibit "B" Location Map Maguire Road SelfStorage PUD H~ -'~~~/?~ ,~,\ ~t8 ~ "-< ~. 'N'DU ) ,- ~ l 0 J_.~r: l= t I- ~~ t I III .~ 1,\ 1\1\1\11111 1'<..,7 - ~ I I I III 1\ 1111 It I II I I ...1. t: "\ I I I .~ II I EBB I- ::: ~. III S=~ "/f h , ~/I \./1111 I v 't. ~ TfTlmTl.?-I "- '77 I 11.\.111 r"-.! IJ.}0\\ 1111 I III TI! r II ! v.$: S \1 1\ \ 1\ III \ ~ J,., .:: / "" '1~ f, Biff~ I i \ III l- -r mil -0 ~f x..,.. ~ ~ ~. '/ k, -, '" ~N~'R;~- B C 'II 'l ~ C," >:: l:: 1= :.J J l- I ~~ ~~y ~"""' II" ~ == '"- ~ J.. VA "':A' J2:Y --II I . I c::J--i- fr-t~~I ~r -":).. ~. .~ -,.'\. I j~ ,,~'. ""," ".' , I r ~ ~\ ~J~ ). 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