HomeMy WebLinkAboutOrdinance 2004-09
ORDINANCE NO. 2004-09
CASE NO. AX-03-12-14: POER PROPERTY
COMPREHENSIVE PLAN 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 APPROXIMATELY 29.25 ACRE
TRACT OF LAND LOCATED 2,000 FEET WEST OF
STATE ROAD 429 (WESTERN EXPRESSWAY)
OVERPASS AT FULLERS CROSS ROAD FROM RURAL
AGRICULTURE TO LOW DENSITY RESIDENTIAL AND
CONSERVATION/FLOODPLAINS; 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. AX-03-12-14 (the
"Amendment") in order to amend the land use designation of certain real property containing
approximately 29.25 acres as more particularly described in Exhibit" A" attached hereto and
by this reference made a part hereof (the "Property"); and
WHEREAS, on April 13, 2004, the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing
recommended transmittal of the Amendment to the Florida Department of Community Affairs;
and
WHEREAS, the Ocoee City Commission held advertised public hearings on
May 4, 2004 and on August 3, 2004 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.
006.306620.3
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NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII 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 "Rural Agriculture" to "Low Density Residential" and
"Conservation/Floodplains" The Future Land Use Map, as revised pursuant to the
Amendment, is attached hereto as Exhibit "B".
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. 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 become effective immediately upon
passage and adoption.
006.306620.3
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PASSED AND ADOPTED this 3rd day of August 2004.
ATTEST:
~~~
Brenda Brasher, Acting City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEG~ITY TpIS ~ DAY OF
(T v~ "I $ , 2004
FOLE~ LARDNER, LLP .
By: dfi.~
City Attorney
006.306620.3
APPROVED:
CITY OF OCOEE, FhORIDA
~'5, a )
s. Scott Vandergrift, Mayor
ADVERTISED: April 1, 2004, AND July
22, 2004.
READ FIRST TIME: May 4, 2004.
READ SECOND TIME AND ADOPTED
August 3, 2004 UNDER AGENDA ITEM
NO. VII A 1.
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Exhibit "A"
Legal Description
Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South,
Range 27 East, run thence North 904.86 feet, thence East 1,683 feet, then South 904.86 feet, then
West 1,683 feet to Point of Beginning.
LESS:
Begin at point 957 feet West and 904.86 feet North of the Southeast Corner of Section 1,
Township 22 South, Range 27 East, run thence West 1,200 feet, thence South 16 feet, thence
Northeasterly 1201.9 feet to a point due South of the Point of Beginning, then North .82 feet
to the Point of Beginning.
Containing :!::34.57 acres, more or less.
006.306620.3
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e
Oooee Corrmunity' Oewtopmerc
D!partment
1 inch equals ~OO 'feet
o 130 260 :lQO :'520
--- _Feet
Printed: 412004
CSubject Property
r=IIUnincorporated Territory
~and Other Municipalties
Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilities/Institutional
= Road Right-of-Way
Lakes and Water Bodies
Exhibit "B"
Poer Property
Proposed Future Land Use Amendment
LOR
Ocoee Crown Point PUD
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