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HomeMy WebLinkAboutOrdinance 99-18 ORDINANCE NO. 99-18 CASE NO. SSCPA-98-002: OLYMPIA DEVELOPMENT 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 LOW DENSITY RESIDENTIAL TO COMMERCIAL ON CERTAIN REAL PROPERTY CONTAINING 9.98 ACRES (MORE OR LESS) LOCATED AT THE SOUTHEAST CORNER OF SILVER STAR ROAD AND CLARKE ROAD INTERSECTION 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. 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 J the City Commission adopted a new Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which has been amended from time to time ("Ocoee Comprehensive Plan"). b. The Property Owner initiated Amendment Number SSCPA-98-002 in order to amend the Future land Use designation of its property. c. Amendment Number SSCPA-98-002 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes. d. On March 9, 1999, the City of Ocoee local Planning Agency held an advertised public hearing and recommended adoption of Amendment No. SSCPA-98-002. e. On April 6, 1999, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-98-002. 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. 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. 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 9.98 acres located within the corporate limits of the City of Ocoee, Florida, (the "Property") is hereby changed from "Low Density Resdential" to "Commercial" : 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. 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 Number SSCPA-98-002 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 Number SSCPA-98-002 is in compliance. rI. PASSED AND ADOPTED this t - day of A ff.../L ,1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA $~d S. Scott Vandergrift, Mayor (SEAL) ADVERTISED MARCH 25, 1999 READ FIRST TIME MARCH 16, 1999 READ SECOND TIME AND ADOPTED Apt' L I.. I I ~ ~ q Under Agenda Item No. vr A (, FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPR~VED AS TO F,Q~M AND LEGALITY this day of t:1:.{L('I! ' 1999. FOLEY and LARDNER By: fculf ~ City Attorney P:\AHORNE\ALL_DA T A\AMENDMNT\SMALSCAL\Active\Cpa98002\Olympia\OlympiasscpaORD99-18.doc EXHIBIT -A- LEGAL DESCRIPTION: A tract of land being In the Northwest quarter of the Southeast quarter of Section 16, Township 22 South Range 28 East, less that portion of the Right of Way of Clarke Road described in Official Records Book 4331, Page 1923 of the Public Records of Orange County, Florida and less that part of Silver Star Road deeded In Deed Book 400, Page 252 and taken In Minute Book 17, Page S02 of said Public Records, being more particularly described as follow: Commence at the Southeast corner of the aforementioned parcel described in Official Records Book 4331, Page 1923, said point also lying on the Easterly Right of Way line of the aforementioned Clarke Roan; thence run along said Easterly Right of Way line North 00"10'S1" East a distance of 237.49 feet; thence North 89'40'SS" East a distance of 22.00 feet to the POINT OF BEGINNING; thence North 00"10'Sl" East a distance of 683.48 feet; thence North 02"OS'2S" East a distance of 180.10 feet; thence North 00'1 0'S1" East a distance of 116.64 feet to the point of curvature of a curve concave Southeasterly, having a radius of SO.OO feet, a c"ntral angle of 89'28'16", a chord of 70.38 feet that bears North 44"S4'S9" East; thence Northeasterly along the arc of said curve a distance of 78.08 feet to the poi,lt of tangency; thence North 89' 39" 07" East a distance of S97.30 feet; thence South 00'04'18" West a distance of 300.00 feet; thence South 89'39'07" West a distance of 316.41 feet; thence South 00'04'18" West a distance of 384.48 feet; thence South 05"31 '20" West a distance of 347.08 feet; thence South 89' 40'SS" West a distance of 305.42 feet to the POINT OF BEGINNING. Containing 9.98 acres. FOR Job No.: 45451007 /scole: N.T.S. SHEET 1 OF 2 eERT. NO~45<"OO' SOUTHEASTERN SURVEYING & MAPPING CORP. .)24 ~~. Orlando Avenue Maitland, Florida 32751 ~g~7K:.x- GARY B. KRICK REGISTERED LAND SURVEYOR NO. 4245 LEGAL DESCRIPTION Date: Feb. 22, 1999 RD Olympia Development Group, Inc. CH. 61G17-6, Florida Administrative Code requires that a legal description drawing bear the notation that THIS IS NOT A SURVEY" SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION EXHIBIT "B- City of Ocoee SSCPA-98-002 Proposed Land Use Change Small Scale Future Land Use Map Revision Location: at the southeast corner of Clarke Road and Silver Star Road Size: approximately 9.98 acres o Proposed Change: From: To: Low Density Residential (< 4 d.u.a.) Commercial Existing Proposed Legend: I \ I Subject Property lv' Ocoee City Limits 1999 1\/ Ocoee Orange County JPA Boundary N Roadways Low Density Residential (< 4 dua) m3 Medium Density Residential (4-8 dua) _ High Density Residential (8-16 dua) _ Professional Services ~ Commercial ~ Light Industrial N _ Heavy Industrial A ~ Institutional "" _ Lakes - Water Bodies _ Conservation Not to scala ~}~j;]j Recreation o