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Home My WebLink AboutOrdinance 2004-18 ORDINANCE NO. 2004-18 CASE NO. SSPCA-02-003: Westridge PUD Small Scale Compo Plan Amendment 8.8 Acre Parcel 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 THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 8.8 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF MAGUIRE ROAD AND MOORE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL 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 ("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 SSCP A-02-003 in order to amend the Future Land Use designation of certain real property containing approximately 8.8 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCPA-02-003 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on July 13, 2004 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 SSCPA-02-003; and WHEREAS, on July 13, 2004 the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-02-003; 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 ofOcoee ('Ocoee Land Development Code"). ORDINANCE NO. 2004-18 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. 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" 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 SSCP A-02-003 consistent with the provisions of this Ordinance. SECTION 4. Conflictine: 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. ORDINANCE NO. 2004-18 2 PASSED AND ADOPTED this \lnt day of ~u..S + , 2004. ATTEST: ~~ Name: ~da Br~~ Title: Ac..+i~ G~ G\evk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND L~GALITY A. jIJ 'r this 11l1> day of ~ v, , 2004. FOLEY fYARDfilER ~p ,/L J By: vtUJ!f~ City Attorney ORDINANCE NO. 2004-18 APPROVED: CITY OF OCOEE, FLORIDA 17 J! ADVERTISED Au 45-+ .5 '"2A56 tf READ FIRST TIME +- .1 ZOO l.f READ SECOND TIME ND ADOPTED ~jt;-\- \1 J a2Ib Under genda Item No. 2 a,. 3 EXHIBIT" A" [INSERT LEGAL DESCRIPTION FOR 8.8 ACRE PARCEL] Exhibit "A" Legal Description: Parcel A -" DESCRIPTION: That part of the Southwest 1/4 of Section 32, Township 22 East, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest comer of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, and run N 89055'55" E along the North line of said Southwest 1/4 for a distance of 95.38 feet; thence run S 00"04'05" E for a distance of40.00 feet to the South right- of-way line of Moore Road and the POINT OF BEGINNING; thence run N 89"55'55" E along said right-of-way line for a distance of 734.82 feet; thence run S 00"04'05" E for a distance of 518.02 feet to a non-tangent point on a curve concave Southerly having a radius of 510.00 feet and a central angle of 48"55'46"; thence run Westerly along th~ arc of said curve for a distance of 435.53 feet to the point of tangency; thence run S 70"38'22" W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 575.00 feet and a central angle of 17"00'24"; thence run Westerly along said curve for a distance of 170.67 feet to a point of non-tangency on the East right-of-way line of Maguire Road; thence run N 00"21'38" W along said East right-of-way line for a distance of 539.37 feet to the point of curvature of a curve concave Southeasterly having a radius of 35.00 feet and a central angle of 90017'33"; thence run Northeasterly along said curve for a distance of 55.16 feet to the POINT OF BEGINNING. Containing 8.797 acres more or less and being subject to any rights-of-way, restrictions and easements of record. ~;;\':' ; I' ,'r; ri' f ....-1 I. '. \"':;1!!' Ii 3 G)" : ! ... i I .~~".._J -""', .J \ rl.' c- .' ~ tl' h, .~.,! !.~:._....~.' i I L-....--.. - . ! C~., .," .~. r.~ . .' L, _____-2.....~ _._.~. --': - -.....- :~..:. - -,"-.- ORDINANCE NO. 2004-18 4 /f-- ~ ~ ) ~J ~ ........, Exhibit "B" W estridge PUD SSCP A: Parcel A I--- 0. If O!i' !-i.r T J!~ Hi- l;~.~/~;-iil~ i M~~ if----- , ,.-..:c-..- i I ( <. .... -.-..' /.,. \ :..:: '\,= I I _,r--i::->- I 1...J!f---!~ ~i~-I~ --i."B" .....H.~.l.== I -S , (.)!~~l -: . 1r--'-- t -:. F :'-'-)- V/ "I"I'I'lTFff\ '" I - - - ~ ; "- Moore( R6ad _....... , . ........ ,.... _.._ ..___..l. "0 ~ Parcel A 0:: f .~~ :E .... Parcel B ! ~nebro~ Freedom Park .J 'i ~ .' ,:...,.....,..,.. .~ :--- : '-- ~:_ ~\ I h :---i_ ~...I i ~ \S;;~~J. ..\ \ \ I I ..~!~ II\ '\~ tiN.LISt I , ~!; ,., ,ub;t \ .........~.,..../../\~ /~J,!S '.. ~ r .... " T'j I'" ~ .' \. ~1fLrJ y- ! -I I I I I ~/""""" \F ! : ~ilGI=CRE~T ..../ .. c-- Q i ~...~I~~ T =~ Thomebrooke Elementary School - c I - -- - -- ~~ - -- ~- ~ 0 s 1=-- m _. \.r I -i I:~ 10 I I ~ ~ f--- 0 ,\ o ,.- f--} I ~ ~ 1 Lit- L---A~~ ~ 1/ T ~ .., CD CD .... ;r MobR ............ ...... TILL - 4 ~ ~~~ ORDINANCE NO. 2004-18 5