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HomeMy WebLinkAboutOrdinance 97-23 ORDINANCE NO. 97-23 CASE NO. JOINT VENTURE: CPA-97-001 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 FIGURE 2 OF APPENDIX A TO CHANGE THE FUTURE LAND USE DESIGNATION FROM COMMERCIAL TO LOW DENSITY RESIDENTIAL (< 4 DUA) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.15 ACRES LOCATED ON THE NORTHEAST CORNER OF CLARKE ROAD AND HACKNEY-PRAIRIE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. FINDINGS. In adopting this Ordinance the City Commission of the City of Ocoee, Florida ("City Commission") hereby makes, expresses, and incorporates the following findings, purposes, and intent: a. On September 18, 1991, the City Commission adopted a new comprehensive plan pursuant to Chapter 163, Florida Statutes, which has been amended from time to time. b. The Property Owner initiated Amendment No. CPA-97-001 in order to amend the future land use designation of its property. c. Amendment No. CPA-97-001 constitutes a small scale comprehensive plan amendment within the meaning of Section 163.3187(c), Florida Statutes. d. On September 24, 1997, the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment No. CPA-97-001. e. On October 21, 1997, the City Commission held an advertised public hearing and adopted Amendment No. CPA-97-001. f. 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"). SECTION 2. 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 3. COMPREHENSIVE PLAN AMENDMENT. The future land use designation as set forth on Figure 2 of Appendix A of the Ocoee Comprehensive Plan of the following described parcel of land containing approximately 5.15 acres located within the corporate limits of the City of Ocoee, Florida, (the "Property") is hereby changed from "Commercial" to" Low Density Residential (< 4 dua) ": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of the Property is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. OFFICIAL 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 on Figure 2 of Appendix A of the Ocoee Comprehensive Plan to incorporate Amendment No. CPA- 97-001 consistent with the provisions of this Ordinance. 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 passage and adoption 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 No. CPA-97-001 is in compliance. PASSED AND ADOPTED this J(--l day of DG'h6t1- ,1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED OCTOBER 2, 1997 READ FIRST TIME OCTOBER 7,1997 R D SECOND TIME AND ADOPTED dt a./ 997 Under Agenda Item O."VT P\~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO B~ LEGALITY this t}t day of ... , 1997. FOLEY "LARDNER By (J~ ~!tf) City Attorney ~ ceto\SlL l' ADfTS SEE SHErr 2 OF 2 FOR SKETCH .SKETCH OF D€SCRIPTlON- (NO r A FIELD SURvE:Y) (mt Q:O.\8l!L T ADITS "'AND o >c;CF?/P TTQN " SHEET 1 OF 2 A PORTlON OF LAND L't1NG IN SECTlON .I., TO....'NSHIP 22 SOU'TH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, 8E1NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARITR OF SECTlON 4-, TOWNSHIP 22 SOU'TH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN SOU'TH 89"22'31" WEST, ALONG niE NOR'TH LINE OF THE NOR'THEAST ONE-QUARITR OF THE SOUTHEAST ONE-QUARTER OF SAID SECTlON 4, A DISTANCE OF 1355.4-0 FEET, TO THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER QF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4; THENCE, LEAVING SAID NORl1-iERL Y LINE RUN SOUl1-i 00'52'07" WEST, ALONG THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER of SAID SECTION 4-, A DISTANCE OF 631.65 FEET, TO A POINT, SAID POINT BEING THE POINT OF 8EGINNING: THENCE, CONTlNUING SOUTH 00'52'07" wEST, ALONG SAID EAST LINE, A DISTANCE OF 667.57 FEET, TO A POINT ON 'THE NOR'THERL Y RIGHT-OF-WAY LINE OF HACKNEY PRAIRIE ROAD: THENCE RUN SOUTH 89'52'08" WEST, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 396,78 FEET, TO A POINT: THENCE, LEAVING SAID NOR'THERL'l' RIGHT-OF-WAY LINE, RUN NOR'TH 00'07'52" WEST, A DISTANCE OF 188.31 FEET: THENCE RUN NOR'TH 89'52'08" EAST, A DISTANCE OF 57.39 FEET: THENCE RUN NORTH 00'07'52" WEST, A DISTANCE OF 152.19 FEET; THENCE RUN NORTH 09'46'22" EAST, A DISTANCE OF 75.91 FEET; THENCE RUN NORTH 14'01'38" EAST, A DISTANCE OF 77.49 FEET: THENCE RLlN NORl1-i 18'05'33" EAST, A DISTANCE OF 70.67 FEET: THENCE RUN NORTH 06'01'06" EAST, A DISTANCE OF 55.22 FEET: THENCE RUN NORTH 00'52'07" EAST, A DISTANCE OF 27.52 FEET: THENCE RUN SOUl1-i 89'07'53" EAsT. A DISTANCE OF 170.00 FEET: THENCE RUN NORl1-i 00'52'01" EAST, A DISTANCE OF 32.58 FEET; \HENCE RUN SOUTH 89'07'53" EAST, A DISTANCE OF 120.00 FEET, TO THE POINT OF 8EGINNING. SAID LANOS L YlNG IN THE CITY OF OCOEE. ORANGE COUNTY, FLORIDA, AND CONTAINING 5.15 ACRES, MORE OR LESS. Exhibit A Q " a Ct:: ~ Ct:: " d ~I (.) I \J I I ~ o I ~ a: I d ~ I >- <: ~ I .... o I ':;: N I I I I I I I I I ! i C! . " ~ :; / : / ~L--7 ~LY BOUNDARY UNE OF' J PRAIRIE LAKE V1u.ACE. PHASE I P.B. 36. PCS. 69 &: 70 .~, ~ . .... . 'J ,,<- :oj.... ~. IN. UNE Of' Nt:. 1/1,. Of' SE.. 11~1,. Of' SECTION 4- mS-R2BE J S 89"22'31" W , 355.40' ~ ~ NE. CORN:: 0; - P. O. C. \j ./ 111 NW. 1/4 OF JI1' to SE. 1/4 OF NE. CORNER OF ~ SECTION 4- T22S-R28E NE. 1/01. Of' In SE. 1/4 OF to Z SECTION 4- T22S-R28E I W..... "'en ~~ I-~ ~.g ;ii' N z.... ~ ....a o 0;:: o wU Ul SlX ..... wO I I~ I ~ I ," , , ,. f . ~ ,... . '0' ... ,- .. .J .~ , . I I "- , I- I' I I S 89'07'53-\ E N 89'07'53'" W 120.00' 170.00' l:i \ '- PO.B. N ...J n ...J 'I'- ...... :--. 111 lI) ...... ,,- to to .. r \ .( 'J . \ .' '1'. \ . 0" ,-, ....' c.o c", -J '.' CONTAINING: 5.15 ::: ACRES :: ^ I ~ '0' f . I ,. ,... . '.. .J .~ , , I- I- I, :--- ...J ,...... o ,'I ;() C a '.' La - Ul Cl : 50' ~ S 89'52'08" ',II II 1'''-.-__ 396.78' --~-- L-g ) I - ~ "~/t' ,~~_;;~u;, Of;;;;;;'" ;o;AD --0 -~ Exhibit B