HomeMy WebLinkAboutOrdinance 98-30
ORDINANCE NO. 98-30
CASE NO. SSCPA-98-001: WEST OAKS SQUARE
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
PROFESSIONAL SERVICE TO COMMERCIAL ON CERTAIN REAL PROPERTY
CONTAINING 4.5 ACRES (MORE OR LESS) LOCATED APPROXIMATELY 300
FEET EAST OF THE INTERSECTION OF STATE ROAD 50 AND CITRUS OAKS
AVENUE PURSUANT TO THE APPLICATION SUBMITIED 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, the City Commission adopted a new
Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which has been
amended from time to time.
b. The Property Owner initiated Amendment Number SSCP A-98-00 1 in order to
amend the Future Land Use designation of its property.
c. Amendment Number SSCPA-98-001 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida
Statutes.
d. On November 10, 1998, the City of Ocoee Local Planning Agency held an
advertised public hearing and recommended adoption of Amendment Number
SSCPA-98-001.
e. On December 1, 1998, the City Commission held an advertised public
hearing and adopted Amendment Number SSCPA-98-001.
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 4.5 acres located within the corporate limits of the City of Ocoee, Florida,
(the "Property") is hereby changed from "Professional Service" to "Commercial", less the
areas previously designated "Conservation" and "Commercial" on Figure 2 of
Appendix A of the Ocoee Comprehensive Plan:
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-98-001 consistent with the provisions of this Ordinance.
SECTION 5. 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. This Ordinance become effective on the 31 st 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-98-001 is in compliance.
.J
PASSED AND ADOPTED this ~ day of De~B~ , 1998.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
, $IliA
S. Scott Vandergrift, M
(SEAL)
ADVERTISED NOVEMBER 19, 1998
READ FIRST TIME NOVEMBER 17, 1998
READ SECOND TIME AND ADOPTED
U e <. <::- """"~t:- te-, I' t:j 9
I
Under Agenda Item No. VI A I
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPRqVED AS TO FQRM AND LEGALITY
this ---L- day of !lq~\acr, 1998.
::LEY?fJ~w
City Attorney
Exhibit "A"
Legal Description
l.egHI Description:
EXHIBIT A-
(Parcel 4) per Official Records Book 4045. Pase 0657
That part of tract 4, Orlando Groves Association, Lake Lotta Groves. according to the plAt
theJ'ellflls reclIrded in Plat Book" B", page 52, public records of Orange Olunty, Florida, more
particularly described as follows:
From the southwest comer of said tract 4, run south 89d48'43" ellst 260.00 feet along the north
line ofCitru!i Oaks Phase One, as recorded in PI lit Rook ]4, page 7, said public records; thence
run north OOdl 8'54" ellSt 260.00 feet, parallel with the west line of the northeast 1/4 of ,lcetion
28, township 22 sOllth, range 28 cast, to the Point of beginning: thence run north 89d48'43"we.'1t
] 79. I 6 feet to the east line of a 30 foot right of way as described in said plat of J .ake loOtta
Groves; thence from a tangent bearing of north 04dl 8'43" west, run northwesterly along the are
of a CUlVe, concave westerly, having a radiu.'1 01'96.15 feet and central angle of 76d32'S3" for
distllnce of 128.2] feet; thence continuing along said right of way run north OOd18'54" east
233.44 feet to a point on the south right of way line of State Road 50; thenee along said right of
way line rUIl soulh 89d35'23" east J J65.64 feet to the intersection of said right of way line with
the southerly prolongation of the western boundary of Block "An, ~id plat of()rlando Groves
Association, l.lIke Lotta Groves; thence south 20d24'.s3" wesl along said southerly prolongation
of Block "A" 1 79.89 fect more or less to the centerline of an unnamed creek; thence .Iong said
centerline run the following courses; norlh 37d45'43" west 120.30 feet; north 86d56'51w west
130.64 feel; south 72d29'39" west 16J.43 feet !louth 7Id09'S7" west 101.04 feet; south 62d48'SS"
west 126.45 feet; south 63dOS'14" west 200.00 fbet; thence leaving said centerline of the creek;
run south OOdl8'54"wcst J 8.00 feet to the pllintllfbeginning, clllltaining 4.47 acres or less.
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Exhibit "8"
Location Map
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