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Home My WebLink About2019-015 Fountains West Commons SSCPAORDINANCE NO. 2019-015 DOC # 20190304445 05/16/2019 09:52 AM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC CASE NO. CPA -2019-001: Fountains West Commons FKA Fountains West Lot 8 PUD COMPREHENSIVE 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; AMENDING THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO "COMMERCIAL," FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.35 ACRES LOCATED ON THE NORTH SIDE OF FOUNTAINS WEST BOULEVARD; 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, 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 (the "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 CPA -2019-001 in order to amend the Future Land Use designation of certain real property containing approximately 5.35 acres, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number CPA -2019-001 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; 20190304445 Page 2 of 5 WHEREAS, on April 9, 2019, 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 CPA -2019-001; and WHEREAS, on May 7, 2019, the City Commission held an advertised public hearing and adopted Amendment Number CPA -2019-001; 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 of the City of Ocoee (the "Ocoee Land Development Code"). 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 Residential" and "Light Industrial" 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 CPA -2019-001 consistent with the provisions of this Ordinance. 2 20190304445 Page 3 of 5 SECTION 4. Conflicting 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. PASSED AND ADOPTED thisday of , 2019. TIES Melanie S ,vitt, by Clerk', (SE4) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA Approved as to form and legality this day of �!�% , 2019. SHUFFIELD LOW W3�ON, P.A. By: fir. —no 1 3 APPROVED: OEE, FLORIDA J ADVERTISED / , 2019 READ FIRST TIME APRIL 16, 2019 READ SECOND TIME AND ADOPTED 2019 UND R AGENDA ITEM NO._a 20190304445 Page 4 of 5 EXHIBIT "A" DESCRIPTION PREPARED: A TRACT OF LAND SITUATED IN LOT 8, FOUNTAINS WEST AS RECORDED IN PLAT BOOK 72, PAGES 111- 116, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST MOST CORNER OF SAID LOT 8 THENCE ALONG THE WEST LINE OF SAID LOT 8 THE FOLLOWING 15 COURSES: N18°16'54"W A DISTANCE OF 215.90 FEET; THENCE N48°12'36"E A DISTANCE OF 54.15 FEET; THENCE N63°37'47"E A DISTANCE OF 32.04 FEET; THENCE N45003'15"E A DISTANCE OF 39.36 FEET; THENCE N57°03'16"E A DISTANCE OF 57.26 FEET; THENCE N58°47'45"E A DISTANCE OF 52.20 FEET; THENCE N12002'47"W A DISTANCE OF 120.44 FEET; THENCE N25°39'06"W A DISTANCE OF 80.39 FEET; THENCE N69 -07'08"W A DISTANCE OF 57.66 FEET; THENCE N27008'37"W A DISTANCE OF 11.53 FEET; THENCE N12°02'48"W A DISTANCE OF 26.43 FEET; THENCE NO2057'04"E A DISTANCE 26.63 FEET; THENCE N12°00'45"E A DISTANCE OF 49.77 FEET; THENCE N38°24'08"E A DISTANCE OF 41.47 FEET; THENCE N60°31'49"E A DISTANCE OF 111.74 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8; THENCE N87°56'46"E ALONG SAID NORTH LINE A DISTANCE OF 127.25 FEET; THENCE S05°13'58"E A DISTANCE OF 565.24 FEET; THENCE N89°27'00"E A DISTANCE OF 177.54 FEET; THENCE S00°33'00"E PARALLEL WITH THE EAST LINE OF SAID LOT 8 A DISTANCE OF 194.13 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 8; THENCE ALONG THE SOUTH LINE OF SAID LOT 8 THE FOLLOWING 4 COURSES: S89°56'24"W A DISTANCE OF 133.48 FEET; THENCE S88046'15"W A DISTANCE OF 28.23 FEET; THENCE N89°32'31"W A DISTANCE OF 319.98 FEET; THENCE S81°39'41"W A DISTANCE OF 9.17 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 5.35 ACRES OR 232,952 SQUARE FEET, MORE OR LESS. 4 20190304445 Page 5 of 5 TRACT B EXHIBIT "B" % -18 ^ Ng7'56' 46"E 438.35' I . I REMAINDER OF LOT 8 to I o I cn rQ W LDR Ll 0 I 00% W I m LOT -- j FOUNTAINS WEST a P.B. 72, P& 111 -4 0 rr 63 � N N I LDR 4t F. Ll tx� -00 �p C cD V) 01) y r 000 00I 00 CD Z L2 �1 -589`5 '24"W 348.00' FOUNTAINS WEST OULEVARD Piz (RIGHT OF WA VARIES LOT s . - - z TRACT 1 ns c�nl w LOT 4 LOT 5 Ln FOUNTA114ST P. B. 72, G. 111 i (RIGHT OF WAY VARIES) r— ORLANDO—ORANGE COUNTY EXPRESSWAY EST ROA AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 1 W 75320-6460-602/603 AND WEST ROAD _;86'3831"E_ 1275.49'_ — REALIGNMENT PER OR 9467, PG, 3804 SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION o6-22-28 AIn7'FS- 5