HomeMy WebLinkAboutOrdinance 2003-38
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ORDINANCE NO. 2003-38
CASE NO. CPA-OI-002: FARAWAY FARMS COMPPLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING THE OCOEE COMPREHENSIVE PLAN AS
ADOPTED IN 1991, AS AMENDED; PROVIDING FOR AN
AMENDMENT TO THE FUTURE LAND USE MAP OF THE
OCOEE COMPREHENSIVE PLAN TO CHANGE THE USE
OF LAND FOR AN APPROXIMATLEY 97.93 ACRE TRACT
OF LAND LOCATED AT THE SOUTHEAST CORNER OF
FULLERS CROSS ROAD AND OCOEE APOPKA ROAD
FROM LOW DENSITY RESIDENTIAL/CONSERV ATION
TO COMMERCIALI CONSERVATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
(the "Ocoee 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 to initiate Amendment No. CPA-OI-002 (the "Amendment")
in order to amend the land use designation of certain real property containing approximately
97.93 acres as more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof (the "Property"); and
WHEREAS, on June 11, 2002, the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing unanimously
recommended denial of the transmittal of the Amendment to the Florida Department of
Community Affairs; and
WHEREAS, the Ocoee City Commission held advertised public hearings on
September 16, 2003 and on _, 200_ in order to obtain public comment regarding
the proposed Amendment; and
WHEREAS, the Ocoee City Commission has considered all oral and written
comments received during the public hearings, including the recommendations of the Local
Planning Agency; and
WHEREAS, the Ocoee City Commission desires to adopt the Amendment with
such changes thereto as the City Commission deems appropriate.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.306620.2
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Section 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article vrn of the Constitution of the State of Florida and Section
163.3191 and Chapter 166, Florida Statutes.
Section 2. Comprehensive Plan Amendment. The 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/Conservation" to "Commercial/Conservation." A map of said
land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part
hereof.
Section 3. Public Participation Procedures. The Ocoee City Commission hereby finds
that the Amendment has been adopted in conformity with the Public Participation Procedures set
forth in Section 10 of the Ocoee Comprehensive Plan.
Section 4. Transmittal of Adopted Amendment. The Ocoee City Commission hereby
designates the Director of Community Development as the designee of the City Commission to
transmit the adopted Amendment pursuant to the requirements of Section 163.3184(7), Florida
Statutes.
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 immediately upon
passage and adoption.
006.306620.2
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PASSED AND ADOPTED this _ day of
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 200_
FOLEY & LARDNER
By:
City Attorney
006.306620.2
,200_.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED: September 7, 2003 - CCl
Transmittal
AND , 200_ - CC2 Adoption
Public Hearing
READ FIRST TIME: September 16, 2003 -
CCl Transmittal
READ SECOND TIME AND ADOPTED
_, 200_ UNDER
AGENDA ITEM NO.
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Exhibit "A"
LEGAL DESCRIPTION
That portion of Section 7, Township 22 South, Range 28 East, Orange County,
Florida described as follows:
Commence at the North 1/4 comer of aforesaid Section 7; thence South 01022'35" West along the
West line of the Northeast 1/4 of Section 7 for 30.01 feet to the South line of the North 30.00 feet
of Section 7 and the southerly right-of-way line of Fullers Cross Rood as shown on Orange
County Bond Project Book Number 5, sheets 5 and 6; thence South 89050'45" East along said
South line and southerly right-of-way line for 1280.94 feet to the East line of the West 1/2 of the
Northeast 1/4 of aforesaid Section 7; thence South 0045'45" West along said East line for 2431.28
feet to the East-West center section line; thence South 87015'02" West along said center section
line for 1359.97 feet to the easterly right-of-way line of Ocoee Apopka Road (formerly State
Road No. 437) as shown in Road Plat Book 1, Pages 119 through 126 of the Public Records of
Orange County, Florida; thence along said easterly right-of-way line the following courses; run
North 16017'16" West for 627.90 feet; thence North 16000'04" West for 1000.00 feet; thence
North 15024'56" West for 407.21 feet; thence North 07030'17" West for 548.37 feet to the South
line of the North 30.00 feet of aforesaid Section 7 and the southerly right-of-way line of Fullers
Cross Road; thence South 89057'53" East along said South line and southerly right-of-way line
for 741.45 feet to the Point of Beginning. Containing 97.93 acres, more or less.
006.306620.2
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Exhibit "B"
Location Map
Legend:
N
W*E
Ocoee Community
Development Department
~ Jdnt Planring Area Boundary
.. Subject Property
mdDklll City Property
D County Property
s
o 250 500 750 1000 1250 Feet
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Printed: May 2002
006.306620.2
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