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Home My WebLink AboutOrdinance 2006-023 [jj ORDINANCE NO. 2006-023 CASE NO. CPA-03-01-05: FOUNTAINS WEST COMPREHENSIVE 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; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE USE OF LAND FOR AN APPROXIMATELY 9.95 ACRE TRACT OF LAND LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF OCOEE-APOPKA ROAD AND WEST ROAD FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY 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 (the "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 CPA-03-01-05 in order to amend the Future Land Use designation of certain real property containing approximately 9.95 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number CPA-03-01-05 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and ORLA_ 427854.1 WHEREAS, on November 14, 2006 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 CPA-03-01-05; and WHEREAS, on 1>~, \<<:t-, 2006 the City Commission held an advertised public hearing and adopted Amendment Number CPA-03-01-05; 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 of Ocoee (the "Ocoee Land Development Code"). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. 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 CPA-03-01-05 consistent with the provisions of this Ordinance. 2 ORLA_ 427854.1 SECTION 4. Conflictin2 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 passage and adoption. PASSED AND ADOPTED this \9rtt day of~~, 2006. APPROVED: (SEAL) ADVERTISED~. ( I ,2006 READ FIRST TIME ~.#_. C;-, , 2006 READ SECOND TIME AND ADOPTED 1)~~ \'1 ,2006 UNDER AGENDA ITEM NO. 7 A FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA Approvl\d as to f?rm and legality this L day of U.('t01N\~ ,2006. FOLW&L~"RL~r /1 By: P' ~ f tl14J'tJ/ City Attorney 3 ORLA_ 427854.1 EXHIBIT" A" (The "Property") A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East, Orange County, Florida. Said parcel being more particularly described as follows: Commence at the intersection of the Easterly right of way line of Ocoee-Apopka Road and the existing Northerly right of way line of West Road as shown on the Orlando-Orange County Expressway Authority Right of Way Map, Project No. 75320-6460-602-603; thence run North 280 17' 59" East, along said Easterly right of way line 496.80 feet to the Point of Beginning; thence continue along said Easterly right of way line, North 280 17' 59" East, 880.51 feet; thence leaving said Easterly right of way line, run North 880 07' 46" East, 126.45 feet; thence South 310 38' 39" East, 24.53 feet; thence South 530 48' 27" East, 30.55 feet; thence South 400 06' 32" East, 27.85 feet; thence South 080 39' 55" West, 28.04 feet; thence South 060 36' 26" West, 10.39 feet; thence South 120 55' 43" East, 8.38 feet; thence South 290 02' 08" East, 9.48 feet; thence South 420 36' 06" East, 13.12 feet; thence South 600 23' 06" East, 59.73 feet; thence South 670 52' 31" East, 28.19 feet to a point on a non-tangent curve concave Northeasterly, having a radius of 746.90 feet, a central angle of 20 31' 08" and a chord of 32.83 feet that bears South 500 52' 19" East; thence along the arc of said curve a distance of32.84 feet; thence leaving said curve, run South 180 33' 58" East, 40.89 feet to a point' on a non-tangent curve concave Southeasterly, having a radius of 7032.68 feet, a central angle of 00 07' 36" and a chord of 15.54 feet that bears South 430 39' 32" West; thence along the arc of said curve a distance of 15.54 feet to a point on a non-tangent curve concave Southeasterly, having a radius of 36.00 feet, a central angle of 590 01' 49" and a chord of 35.47 feet that bears South 140 00' 35" West: thence along the arc of said curve a distance of 37.09 feet to the point of tangency; thence South 150 30' 20" East, 16.90 feet; thence South 03003' 50" East, 28.06 feet to a point on a non-tangent curve concave Northeasterly, having a radius of 881.36 feet, a central angle of 30 05' 42" and a chord of 47.60 feet that bears South 080 13' 35" East; thence along the arc of said curve a distance of 47.61 feet; thence leaving said curve, run South 320 19' 42" East, 71.67 feet; thence South 460 50' 23" East, 57.23 feet; thence South 070 37' 18" East, 315.28 feet; thence South 810 39' 41" West, 336.05 feet; thence North 870 42' 04" West, 448.45 feet; thence North 67053' 24" West, 65.38 feet to the Point of Beginning. Said parcel contains 9.95 acres, more or less. 4 ORLA_ 427854.1 EXHIBIT "B" Fountains West Comprehensive Plan Amendment Location Map r - f- - , - ~-- I~~ =!~ =: ,w~.~~ ~. .:~;~ Cl--~ ~==-~ <.:> . cc -=~=--~ , ~ - - -[3 ---_-.-'5: r~' _~ "--= =- _C5 - j'ALlO _ _ c - L ~ --;--- ----,- -- ~ " --'-<n- r----~ ~ --1-- :__ --;~ _ ~ ~------ i~'- -~=-.':::-~~ "9 -~, -- ~ _~ '-:g~~Ogfr_= ~-tIi ~ -~ --= --'--- -w ~- 0 -~-$ ~_Ii~~C -~- ''''~''T~- '.==~ '- ~~JilNe-- = -~ ~ - ._.-e . . . . . . . . . ------~~ . . . . It.. . . . -__E.~c6R1 ~GENTA'='--=- - ;.:==- --= _~_ - - - ~o..:; o"'~ o<f? "& \ o .-j,c --'?o~ - 'V~o~~ o~~ cP _WEST- - --~- .. --------~----~ --=:'- --", .. '.- ..' ,/. .' ...-- . . .~ . --~.-. . .--~.-_.. .-:-.-:. .. . . . . . .-.- . .-. -... .--. . S)I>.~~ ~'il-O~ s'\~ .- -- --.:::--~~-----=- I __ __. --=--=-~- . . . . . . . . . o () o rn ,rn ::> -0 '0 -0 ~ ----=r--- w w o _0 o <( z o ----------0 a:: <( -' u _____.--flJL!-ERJ2 CROS.S e 5 ORLA_ 427854,1