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HomeMy WebLinkAboutOrdinance 96-22 ORDINANCE NO. 96-22 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A NON- SUBSTANTIAL AMENDMENT TO THE REVISED LAND USE PLAN FOR PLANTATION GROVE PUD, ON CERTAIN REAL PROPERTY LOCATED ON SOUTH MAGUIRE ROAD, NORTH OF ROBERSON ROAD, WITHIN TRACTS F AND N OF PLANTATION GROVE PUD, AS PETITIONED BY THE CITY OF OCOEE ON BEHALF OF THE PROPERTY OWNER; AMENDING THE PLANTATION GROVE PUD - REVISED LAND USE PLAN APPROVED BY THE CITY COMMISSION ON MAY 5,1992 BY CHANGING THE LAND USE OF TRACT N FROM "FIRE STATION" TO "ROADWAY/RETENTION" AND BY ALLOWING A FIRE STATION AS A PERMITTED USE WITHIN TRACT F; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee, on behalf of the owner of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in Exhibit "1" attached hereto, has petitioned the City Commission of the City of Ocoee, Florida (the "Ccoee City Commission") to approve revisions ("Non-Substantial Amendment") to the Revised Land Use Plan for the Plantation Grove PUD, as approved by the Ocoee City Commission on May 5, 1992 (the "Revised Land Use Plan"); WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of Ccoee, Florida (the "Ocoee City Code"), the Planning Director has reviewed said petition and determined that the Non-Substantial Amendment is consistent with the City of Ocoee Comprehensive Plan (the "Ocoee Comprehensive Plan"); WHEREAS, the Non-Substantial Amendment was scheduled for study and recommendation by the Development Review Committee of the City of Ocoee, Florida (the "DRC") on October 7, 1996; WHEREAS, the DRC has reviewed the Non-Substantial Amendment for consistency with the Ocoee Comprehensive Plan and determined that the Non-Substantial Amendment is consistent with the Ccoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ccoee City Commission that it approve the Non-Substantial Amendment and find it consistent with the Ocoee Comprehensive Plan; WHEREAS, the Ccoee City Commission has held a de novo public hearing with public notice thereof with respect to the proposed Non-Substantial Amendment; WHEREAS, the Ccoee City Commission has determined that the Non-Substantial Amendment is consistent with the Ocoee Comprehensive Plan; WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3), Florida Statutes; WHEREAS, certain real property, as described in Exhibit "2", within the Plantation Grove PUD is permitted for a fire station site ("Tract N"); WHEREAS, the City intends to use Tract N for roadway! retention; and WHEREAS, upon approval of this Ordinance the City intends to purchase that certain real property located within the Plantation Grove PUD, as more particularly described in Exhibit "3" attached hereto for a fire station site (the "Fire Station Site"). NOW, THEREFORE, BE IT ENACTED BY THE OCOEE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOllOWS: SECTION 1. Authori~. 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. Non-Substantial Amendment to the Revised land Use Plan. The Revised Land Use Plan, as approved by the Ocoee City Commission on May 5, 1992, is hereby amended as follows for Tracts F and N of the Plantation Grove PUD, as shown on the Second Revised Land Use Plan for the Plantation Grove PUD dated September 30, 1996 (the "Second Revised Land Use Plan"): A. The Second Revised Land Use Plan is hereby approved, subject to the terms and conditions set forth in this Ordinance. The Second Revised Land Use Plan supersedes the Revised Land Use Plan. B. Tract F is permitted for a fire station! public services building to be constructed upon it. C. Tract N is permitted for roadway! retention. D. No further public hearings shall be required prior to construction on the Fire Station Site or Tract N. SECTION 3. Ocoee ComDrehensive Plan. The Ocoee City Commission hereby finds that the Non-Substantial Amendment is consistent with the Ocoee Comprehensive Plan. SECTION 4. Severabili~. 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 effect the validity of the remaining portion hereto. SECTION 5. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This Ordinance shall take effect upon passage and adoption. PASSED AND ADOPTED this ..rr:l day of NOUE-/l.1A(:-fL ,1996. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) ADVERTISED October 13, 1996 READ FIRST TIME October 15,1996 READ SECOND TIME AND ADOPTED ;Jou{;-r11~ ~,/99b Under Agenda Item'No. r II FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPRONED AS TO FA~RM AND LEGALITY this ~1'.b- day of IV ~~1996. ::LEY&~~ ~ City Attorney Exhibit 1 (Plantation Grove PUD Legal Description) ;PLANTATION ~ GROft -:!AS'r ~ ,'A"poRTioN .'OF.,.THi,;NOmWEmlJ:~OE..,S~O~'1.2V-~D~TPt~~ .(;OUII'R"; "~lft11!:"'t'%~ORANcE-CiJUNTY;: 'FLOJU"t>A BEING MORE PARTICULARLY l DESCRIBED AS FOLLOWS ~ ' 'COHMENC!::AT" ~~NORTHWES'l: CoRNER.O~-SAID SECTION'-:-n; THENCZ SOUTH 89059'~26~EAST:~'ALONG::.THE::.NORTR'~ LDlE :OF'" NORTHWEST 1/4 OF SAID SECTION'.'i:J~'roR'::40~O(l.~nET',TO,r THK:.POINT OF BEGINNING; THENCE CONTINUE::'SOUTH'89059 "26"', EAST"c'ALONG SAID. NORTH LINE FOR 2,602.59 FEET TO THE EAS~ LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32: THENCE SOUTH: 0002L'52" EAST ALONG SAID EAST LINE FOR 1,761.38 FEET: THENCE SOUTH 89049'54" WEST FOR 305.73 FEET: THENCE SOUTH 00033'04" EAST FOR 914.84 FEET:: THENCE RUN SOUTH 89054'50" WEST, 2300.04 FEET;d THENCE NORTK 00021'35" WEST, 2690.98 FEET TO THE POINT OP' BEGINNING_ SAID LANDS LYING IN ORANGE COUNTY AND CONTAINING 153.66 ACRES MORE OR LESS. TOGETHER WITH PLANTATION GROVE WEST A PORTION OF THE EAST 1/2 Of THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RM~GE 28 EAST, ORANGE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION Jl: THENCE SOUTH 89019'25" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31 FOR 40.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00021' 35" EAST ALONG A LINE PARALLEL ',o/ITH MID 40.00 FEET WEST OF THE EAST LINE OF SAID SECTION 31 FOR 1508.03 FEET: THENCE SOUTH 89027'37" WEST FOR 310.00 FEET: THENCE SOU"l'H 00021'35" EAST FOR 167.32 FEET: THENCE smITH 89029'38" WEST FOR 970.11 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 00014' 18" WEST ALONG SAID WEST LINE FOR 1671.75 FEET TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31: THENCE NORTH 89019'25" EAST ,lI,LONG SAID NORTH LINE FOR 1276.58 FEET TO THE ?OINT OF BEG:::NN::::IG AND CONTAINING 47.92 ACRES MORE OR LESS. TOTAL LAND AREA w 201.58 ACRES. Exhibit 2 (Proposed Maguire Road Stormwater Retention Area Legal Description) -TRJ.\CT N- A ~ of land lying in the S01J~~ quarter of the northeast quaxter of Section 31, Township 22 Sourh.. Range 28 East, Ocmge County, Florida, morc particularly described as follows: The north 167.6 feet of the east 350 feet of the north one-quarter of the southeast quatter of the northeast quarter of said Section 31, S the north 30 feet thereof and less the east 40 feet theteaf for road right- of-way. Same being: Contt1lf'!f\Ce at rhe northeast comer of said Sectioo. 31; thence south 89.19'25" west, along the uonh 1iDe of the northeast quancr of sai-~; Section 31. 40.00 feet; thence south 00"21'36" east. 1,370.37 feet to the Point of BegiIming; thence south 00'21'36- east along the west right-of-way line of Maguire Road. 137.66 feet; thence south 89"29'38" west, 310.00 feet; thence north 00"21'35- west, 137.48 fee~ thence north 89"2737- east, 310.00 feet to the Point of BegiIming. Said lands lying in the city of Ocoee., Orange County, Florida CQT1t;1ining .979 acn:s marc or less. The abcM:: legal description was taken from the last recorded tr.msfer of the subject site as set out in O.R. Book 4~ Page 1.536 of the Public R.ecolds of Or:mge County, Florida. Exhibit 3 (Proposed Maguire Road Fire Station Legal Description) -A PORrIrn OF TRACT F- Lot 6, OPUS SO~ as recorded in Plat Book 33, Page 21 of the Public Records of Orange County>> Florida. The above legal description was prepared by the Appraisers based upon a review of the Public Records ofO~eCowmy.Aorida. Exhibit 1 (Plantation Grove PUD Legal Description) , PLANTATION GROVE EAST A PORTION. Of.' THE,NO~~ST~"l/,--'L().f,,' ,SEc:r.l.o.ti.i3Z~_~OtOrSHTpi,'2" SOU'I'R'"i " 1U\NtjE'"'2l:J'-'!:AS1' ;-'ORANGE COUNTY,. FLORrDA BEING MORE PARTICULARLY ,DESCRIBED AS FOLLOWS: . COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89059 ',26" EAST ALONG THE NORTH LINE OF NORTHWEST 1/4 OF SAID SECTION 32 ' FOR 40~OO FEET TO THE .POINT OF BEGINNING; THENCE CONTINUE' SOUTH 89059 '26" EAST ALONG SAID NORTH LINE FOR 2,602.59 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00021' 52" EAST ALONG SAID EAST LINE FOR 1,761. 38 FEET; THENCE SOUTH 89049'54" WEST FOR 305.73 FEET: THENCE SOUTH 00033'04" EAST FOR 914.84 FEET: THENCE RUN SOUTH 89054'50" WEST, 2300.04 FEET; THENCE NORTH 00021'35" WEST, 2690.98 FEET TO THE POINT 01' BEGINNING. SAID LANDS LYING IN ORANGE COUNTY AND CONTAINING 153.66 ACRES MORE OR LESS. TOGETHER WITH PLANTATION GROVE WEST A PORTION OF THE EAST 1/2 0 F THE NORTHEAST 1/4 OF SECTION 31 , TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 89019 '25" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31 FOR 40.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00021'35" EAST ALONG A LINE PARALLEL WITH MID 40.00 FEET WEST OF THE EAST LINE OF SAID SECTION 31 FOR 1508.03 FEET; THENCE SOUTH 89027'37" WEST FOR 310.00 FEET; THENCE SOUTH 00021' 35" EAST FOR 167.32 FEET; THENCE SOUTH 89029' 38" WEST FOR 970.11 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 00014 '18" WEST ALONG SAID WEST LINE FOR 1671.75 FEET TO THE NORTH LINE OF THE NORTHEAST 1/4 Of THE NORTHEAST 1/4 Of SAID SECTION 31; THENCE NORTH 89019' 25" EAST ALONG SAID NORTH LINE FOR 1276.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 47.92 ACRES MORE OR LESS. TOTAL LAND AREA - 201.58 ACRES. Exhibit 2 (Proposed Maguire Road Stormwater Retention Area Legal Description) nTRACT Nn A parcel of land lying in the southeast quarter of the northeast quarter of Section 31, Township 22 South. Range 28 East, Qtallge County, Florida, marc particularly described as follows: The north 167.6 feet of the east 350 feet of the north onc-quarter of the southeast quarter of the northeast quarter of said Section 31, ~ the north 30 feet thereof and less the east 40 feet theteOf for road right- of-way. Saznc being: Commence at the northeast comer of said Section 31; thence south 89-19'25" west, along the uorth line oCthe northeast quaIter of saU Section 31. 40.00 feet; thence south 00'21'36" east, 1,370.37 feet to the Point of Beginning; thence south 00'21'36" east along the west right-of-way line of Maguire Road, 137.66 feet; thence south 89'29'38" west, 310.00 feet; thence north 00'21'35" west, 137.48 feet; thence north 89'27'37" east, 310.00 feet to the Point of Beginning. Said lands lying in the city of Ocoee, Orange County. Florida COJ'\t~ining .979 acres more or less. The above legal description was taken from the last recorded transfer of the subject site as set out in O.R. Book 4278, Page 1.536 of the Public Records of Orange County, Florida. Exhibit 3 (Proposed Maguire Road Fire Station Legal Description) II A PORl'Irn OF TRACT F" Lot 6. OPUS SOUTIl. as recorded in Plat Book 33. Page 21 of the Public Records of Orange County>> Rorida. The above legal description was prepared by the Appraisers based upon a review of the Public Records of Orange County. Rorida.