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Home My WebLink AboutOrdinance 2004-14 ORDINANCE NO. 2004-14 CASE NO. SSPCA-03-008: Fullers Cross Compo 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, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNA TE FROM "LOW DENSITY RESIDENTIAL" AND "CONSERV ATIONIFLOODPLAINS" TO "COMMERCIAL" AND "CONSERV A TIONIFLOODPLAINS" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION 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-03-008 in order to amend the Future Land Use designation of certain real property containing approximately 5.08 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCP A-03-008 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on May 11, 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 SSCP A-03-008, conditioned upon approval of an amendment to the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JP A Agreement"); and WHEREAS, on June 15, 2004, the City Commission held an advertised public hearing and adopted Amendment Number SSCP A-03-008; 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"); and WHEREAS, this Ordinance not become effective until such time as evidence that the JPA Agreement has been amended to allow for commercial land uses on the Property (the "JPA Amendment") so as to cause this Ordinance to be consistent with the JP A Agreement. 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 ofthe 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" and "Conservation/Floodplains" to "Commercial" and "Conservation/Floodplains". A map of said land herein described is attached hereto as EXHffiIT "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-03-008 consistent with the provisions of this Ordinance. SECTION 4. Conflictin!! Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. Severabilitv. 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 the occurrence of the following: (1) delivery to the City of an amendment to the JPA Agreement which allows for Commercial/Conservation land uses on the Property, which JP A Amendment has been executed by both the City and Orange County (the "JP A Amendment"); and (2) Ordinance 2004-13 [Fullers Cross Annexation Ordinance] becoming effective. 2 PASSED AND ADOPTED this 1,"~daY of J UA) , ,2004. APPROVED: ATTEST: (SEAL) CITY OF OCOEE, FLORIDA ,iJ ADVERTISED J' tI j.)~ ~ ).O() q READ FIRST TIME .T"AI~~ l,OlJl/ READ SECOND TIME AND OPTED ::raVe /5.-.1-00'1 I Under Agenda Item No. vI. 1/ . 3. C FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGAL!JY ~ , this ~ day of ,Jun ( , 2004. FOLEY ~~~R LL~L J By: ~(~ City Attorney 3 Exhibit "A" VACATED LOTS 1,2,3,4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUNN 00051'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89057'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05022'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00043'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05044'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT ".A:'; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70037'57" W, 148.52 FEET; N 45000'00" W, 80.00 FEET; S 82040'19" W, 190.87 FEET; S 29000'00" W, 103.00 FEET; S 81003'31" W, 117.43 FEET TO THE POINT OF BEGINNING. 4 F.XHIhIT "R" Fullers Cross Commercial PUD Location Map , ".,,,------- , -~ I I It I Ir-: [ ; ~ [ / _iY;:SL _L___J- -,I' ' ,,~, / /-----,~i-I--;-r~''.;;(/ \~;:;';; ~ [; I . 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