HomeMy WebLinkAbout2019-022 RusTeak 11077 Roberson Road - CPADOC # 20190398655
06128/2019 09:30 AM Page 1
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Rec Fee: $44.00
Deed Doc Tax: $0.00
ORDINANCE NO. 2019-022 Mortgage Doc Tax: $0.00
(Comprehensive Plan Amendment for RusTeak —11077 Roberson Road) Intangible Tax: $0.00
Phil Diamond, Comptroller
Orange County, FL
TAX PARCEL ID: 31-22-28-0000-00-014 Ret To: CSC INC
CASE NO. CPA -2019-003: RUSTEAK —11077 ROBERSON ROAD
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
"PROFESSIONAL OFFICES AND SERVICES" TO "COMMERCIAL,"
FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY
2.88 ACRES LOCATED ON THE NORTH SIDE OF ROBERSON ROAD,
APPROXIMATELY 280 FEET WEST OF THE INTERSECTION OF
MAGUIRE ROAD AND ROBERSON ROAD; 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 #
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 -2019-003 in order to amend the Future Land
Use designation of certain real property containing approximately 2.88 acres, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property"); and
WHEREAS, Amendment Number CPA -2019-003 constitutes a Small -Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
Tl
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WHEREAS, on May 14, 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 -2019-003; and
WHEREAS, on June 18, 2019 the City Commission held an advertised public
hearing and adopted Amendment Number CPA -2019-003; 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 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 "Professional Offices and 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 CPA -2019-003 consistent with
the provisions of this Ordinance.
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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 this/de"-day da of !�/,� , 2019.
APPROVED:
Z4�bWitt,
ST. ,< E, FLORIDA
Melanie Siy Clerk Rusty John r
.(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this
day of TV, 4e- , 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
Ci y
3
ADVERTISED , 2019
READ FIRST TIME , 2019
READ SECOND TIME AND ADOPTED
/Oc' , 2019
UNDER AGENDA ITEM NO.117
20190398655 Page 4 of 5
EXHIBIT "A"
DESCRIPTION:
SOUTH 660 FEET OF THE SE 1/4 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
LESS THE EAST 330 FEET THEREOF; LESS WEST 792 FEET THEREOF, SUBJECT TO RIGHT OF WAY OVER
SOUTH 30 FEET.
CONTAINING 2.88 ACRES MORE OR LESS.
DESCRIPTION: (AS WRITTEN BY SURVEYOR)
THAT PORTION OF THE SOUTH 660.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING IN ORANGE COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE RUN
S89°25'59"W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, 330.00 FEET TO
THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
RUN N00°21'16"W ALONG SAID WEST LINE, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF
ROBERSON ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1396, PAGE 257, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA FOR THE POINT OF BEGINNING; THENCE RUN S89°25'59"W ALONG SAID
NORTH RIGHT OF WAY LINE, 199.90 FEET TO THE EAST LINE OF THE WEST 792.00 FEET OF AFORESAID
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31; THENCE RUN N00°14'19"W ALONG SAID EAST
LINE, 630.01 FEET TO THE NORTH LINE OF THE SOUTH 660.00 FEET OF SAID SOUTHEAST 1/4 OF THE
NORTHEAST 1/4; THENCE RUN N89°25'59"E ALONG SAID NORTH LINE, 198.63 FEET TO THE AFORESAID
WEST LINE OF THE EAST 330.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN
S00°21'16"E ALONG SAID WEST LINE, 630.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.882 ACRES MORE OR LESS.
El
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