2013-027 Simmons/Barkeritaville - Comprehensive Plan Amendmenty, i,
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ORDINANCE NO. 2013-027
CASE NO. CPA - 2013 -002: SIMMONS/ BARKERITAVILLE
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; AMENDING THE
FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN
TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "LOW
DENSITY RESIDENTIAL" TO "COMMERCIAL," FOR CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 7.32 ACRES LOCATED
EAST OF TOMYN BOULEVARD, APPROXIMATELY 1,200 FEET
NORTH OF THE INTERSECTION OF ROBERSON ROAD AND
WINDERMERE ROAD; 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 - 2013 -002 in order to amend the Future Land
Use designation of certain real property containing approximately 7.32 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- 2013 -002 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and DOCO 20130627679 B: 10670 P: 0616
11/27/2013 10:36:49 AM Page 1 of 5
Rec Fee: $44.00
Martha 0. Haynie, Comptroller
Orange County Z FL
MB - Ret To: V COEE
1 Ik,,10 �PII I I
WHEREAS, on September 10, 2013 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 - 2013 -002; and
WHEREAS, on October 1, 2013 the City Commission held an advertised public
hearing and adopted Amendment Number CPA - 2012 -002; 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 "Professional Offices and Services" 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 - 2013 -002 consistent with
the provisions of this Ordinance.
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ORLA ? ? ??
SECTION 4. Conflictina Ordinances All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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 take effect upon passage and
adoption.
PASSED AND ADOPTED this day of 'r Cg 2013.
APPROVED:
ATTEST:
Bet ikenberry, City Clerk��
(SEAL)
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, MAyor
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this .5�3
day of � ,1 O V I , 2013.
F �P
By: --
City orney
ADVERTISED -�_ , 2013
READ FIRST TIME CVyNV W - t)�� 2013
READ SECOND TIME AND ADOPTED
1`Cy�.�yY , 2013
UNDER AGENDA ITEM NO. 1
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EXHIBIT "A"
(The "Property ")
A portion of The South 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 22 South, Range 28
East, Orange County, Florida LESS that part taken for Right of way purposes as described in Official Records Book
6084, Page 2804 of the Public Records of Orange County Florida.
AND
The North 5 acres, more or less, of the Southwest 1/4 of the Northwest 1/4 of Section 31, Township 22 South, Range
28 East, Orange County, Florida, LESS the West 295 thereof.
AND
The North 660 feet, more or less, of the Southwest 1/4 of the Northwest 1/4 of Section 31, Township 22 South,
Range 28 East, Orange County, Florida, LESS the West 295 feet thereof AND LESS the East 660 feet thereof.
Being more particularly described as follows:
COMMENCE at the Northwest corner of Section 31, Township 22 South, Range 28 East, Orange County, Florida;
thence run South 00 °19'13" East along the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 31,
for a distance of 988.15 feet to a point on the North line of the South 1/4 of the Northwest 1/4 of the Northwest 1/4
of said Section 31; thence departing said West line, run North 89 °08'47" East, along said North line, for a distance of
561.34 feet to a point of intersection of said North line with the Easterly Limited Access right of way line of
Orlando /Orange County Expressway Authority State Road 429, said point being the POINT OF BEGINNING;
thence departing said Easterly Limited Access right of way line, continue North 89 °08'47" East along said North
line, for a distance of 406.49 feet; thence departing said North line, run South 04 °23'52" East for a distance of 87.42
feet; thence run South 06 0 39'05" West for a distance of 51.26 feet; thence run South 11'14'52" West for a distance
of 118.18 feet; thence run South 19 °05'40" West for a distance of 146.18 feet; thence run South 37°17'53" West for
a distance of 90.10 feet; thence run South 55 °56'07" West for a distance of 60.38 feet to a point on the South line of
the North 5 acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence run South 89 °14'11" West
along said South line for a distance of 125.31 feet to a point on the West line of the East 660 feet of said Section 31;
thence departing said South line, run South 00'12'40" East along said West line, for a distance of 101.09 feet; thence
departing said West line. run South 50 °25'40" West for a distance of 88.10 feet; thence run South 52 °12'37" West
for a distance of 89.73 feet; thence run South 80 °04'24" West for a distance of 60.07 feet; thence run South
61 °28'24" West for a distance of 29.45 feet; thence run South 85 °13'41" West for a distance of 39.36 feet; thence run
South 85 °07'49" West for a distance of 38.38 feet; thence run South 55 °12'18" West for a distance of 31.14 feet;
thence run South South 78 °48'04" West for a distance of 36.58 feet; thence run South 84'13'56" West for a distance
of 6.12 feet to a point on the East line of the West 295.00 feet of the North 660 feet of the Southwest 1/4 of the
Northwest 1/4 of said Section 31; thence run North 00 °19'13" West, along said East line, for a distance of 278.71
feet to a point on the aforesaid Easterly Limited Access right of way line of Orlando /Orange County Expressway
Authority State Road 429; thence departing said East line, run North 31'29'02" East along said Easterly Limited
Access right of way line for a distance of 264.41 feet to the point of curvature of a curve, concave Northwesterly,
having a radius of 1492.39 feet, a chord bearing of North 25 °58'25" East and a chord distance of 286.63 feet; thence
run Northeasterly along the are of said curve through a central angle of 11 °0VI 6" for an arc distance of 287.07 feet
to the POINT OF BEGINNING.
Containing 320,500 square feet, or 7.36 acres, more or less.
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EXHIBIT "B"
Exhibit "B"
Location Map
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