Loading...
2022-08 429 Business Center Phase II - Small Scale CPADOC # 20220318258 05/19/2022 10:45 AM Page 1 of Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO.2022-08 Phil Diamond, Comptroller Orange County, FL (Small -Scale CPA — 429 Business Center Phase II) Ret To: CSC INC TAX PARCEL ID#: 18-22-28-0000-00-005, 18-22-28-0000-00-106 & 18-22-28-0000-00-105 CASE NO. CPA-2022-002: 429 Business Center Phase II Small -Scale Comprehensive Plan Amendment AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 19919 AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO LIGHT INDUSTRIAL (LI) FOR CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 5.87 ACRES LOCATED ON THE EAST SIDE OF PINE STREET BEGINNING APPROXIMATELY 462 FEET NORTH OF PALM DRIVE AT 701, 707, AND 711 PINE STREET; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission") has adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No. 91-28 on September 18, 1991 pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy Act (the "Act"); and WHEREAS, Chapter 163, Part Il, Florida Statutes, sets forth procedures and requirements for a local government to adopt comprehensive plan and amendments thereto; and WHEREAS, the owner (the "Applicant") of certain real properties (the "Subject Property") located within the corporate limits of the City of Ocoee, Florida, assigned tax parcel identification numbers 18-22-28-0000-00-005, 18-22-28-0000-00-106 and 18-22-28-0000-00- 105, more particularly described in Exhibit "A" and depicted in Exhibit "B", has submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future Land Use Map designation (the "Comprehensive Plan Amendment") of said real Subject Property from Low Density Residential to Light Industrial; and WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive Plan Amendment application and determined that said Comprehensive Plan Amendment is consistent with the Ocoee Comprehensive Plan, as amended from time to time; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday, April 12, 2022, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and 20220318258 Page 2 of 5 WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, May 3, 2022, and Tuesday, May 17, 2022, the Ocoee City Commission held two (2) de novo advertised public hearings with respect to the proposed Comprehensive Plan Amendment and determined, after consideration of public comments, that the proposed Comprehensive Plan Amendment is consistent with the Ocoee Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to change the future land use designation of the Subject Property, as particularly described in Exhibit "A" and depicted in Exhibit `B", from Low Density Residential (LDR) to Light Industrial (LI). SECTION 4. COMPREHENSIVE PLAN. The City Cleric is hereby authorized and directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate the Comprehensive Plan Amendment enacted by this Ordinance. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5), Florida Statutes. PASSED AND ADOPTED this �� y of Ll 2022. Space intentionally left blank 20220318258 Page 3 of 5 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of MR4 , 2022. SHUFFIELD LOWMAN & VJILSON, P.A. Lm City APPROVED: CITY OF OCOEE, FLORIDA Rusty Johns n, ayor ADVERTISED jW0?/ a 0,G/ 5- , 2022 READ FIRST TIME , 2022. READ SECOND TIME AMD ADOPTED %'r%v/ 17 , 2022. UNDER 9GENDA ITEM NO. _(o 20220318258 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION Parcel ID# 18-22-28-0000-00-005, addressed at 701 Pine Street; Parcel ID# 18-22-28-0000-00-106, addressed at 707 Pine Street; and Parcel ID# 18-22-28-0000-00-105, addressed at 711 Pine Street, as further described below: North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 and South 1/2 of Northwest 1/4 of Northeast 1/4 of Northwest 1/4 of Section 18-22-28, Orange County, Florida (LESS West 448 feet of South 100 feet of North 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 of section 18- 22-28, and LESS the land lying East of center line of the ditch survey line described as follows: Commence on East line of Northwest 1/4 of section at a point 343.60 feet North of the Southeast corner thereof and run South 89°02'48" West 55.17 feet; thence run North 51 °44' 12" West 996.47 feet; thence run North 0°57'42" West 298.7 feet; thence run North 0°30'18" East 290.02 feet; thence run North 0°46'42" West 255.38 feet; thence run North 07°33'18" East 318.92 feet; thence run North 04°59"18" East 149.98 feet; thence run North 13°21'18" East 152.42 feet; thence run North 02°18'42" West 150.80 feet to the North line of said Section 18.) Also LESS the South 20.00 feet of the West 449.00 feet of the above described parcel. Also LESS that portion conveyed to the City of Ocoee by Special Warranty Deed recorded in Instrument Number #20200486135, Public Records of Orange County, Florida. 20220318258 Page 5 of 5 EXHIBIT "B" 429 Business enter Phase 11 Location Map ,� fh ff ei H A �y I �JJ