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Home My WebLink About2018-012 Ladybird Academy PUD - Rezoning DOCI1 20180182419 03/28/2018 08:47:29 AM Page 1 of 5 Rec Fee: $44.00 Phil Diamond, Comptroller Orange County FL ORDINANCE NO. 2018-012 MB - Ret To: CITY OF OCOEE (Rezoning Ordinance for Ladybird Academy PUD) IIIIIMNiMiNVII III , TAX PARCEL ID: 06-22-28-0000-00-008 CASE NO. RZ-17-10-07: Ladybird Academy PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-5.45 ACRES LOCATED ON THE SOUTH SIDE OF WEST ROAD AND 400 FEET EAST OF THE INTERSECTION OF WEST ROAD AND OCOEE APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT , ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. x WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City ..- Commission")to rezone said real property(the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately +/-5.45 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 to Ocoee PUD (Planned Unit Development); and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has E. reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and ., WHEREAS, on February 13, 2018, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City , , Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on March 20, 2018, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately +/-5.45 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to Ocoee PUD (Planned Unit Development). A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this f day of 7?Zil " , 2018. ATTEST: ;- APPROVED: `,„ ':- CITY OF OCOEE, FLORIDA r ".Thr' ',', ,,,. ,,' ,, - ,'/ ..ed \ II ...111 ilk Melanie.Sibbitt, ity,Cler c Rusty John' • Ma •r r, (SEAL) ' ADVERTISEDVrith f ,_, g 3 READ FIRST TIME /! 2018. READ SECOND TIME AND ADOPTED li/M �•,2g , 2018. g A enda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 20* day of Mprtt- , 2018. SHUFFIELD LOWMAN & ILSON, P.A. By: City A , • frr } 1 EXHIBIT "A" LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF THE SOUTWEST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY FLORIDA; THENCE S.00°48'40"W., ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 30.08 FEET TO THE POINT OF BEGINNING; THENCE S.00°48'40"W., ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 358.32 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND REFERRED TO AS PARCEL NUMBER 9285, ACCORDING TO THE STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 7607, PAGES 865 THROUGH 872, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE ALONG THE NORTH AND EAST LINE OF SAID PARCEL NUMBER 9285 FOR THE FOLLOWING TWO COURSES; THENCE S.89°14'16"E., A DISTANCE OF 136.26 FEET; THENCE S.00°45'44"W., A DISTANCE OF 351.79 FEET TO THE SOUTHERLY LINE OF THOSE LANDS DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3872, PAGES 557 AND 558, OF SAID PUBLIC RECORDS, THENCE DEPARTING THE BOUNDARY OF SAID PARCEL 9285 RUN ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWO COURSES; THENCE N.86°39'20"E., ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 36.88 FEET TO A POINT 30 FEET NORTH OF AND PARALLEL WITH THE ABANDONED SEABOARD COASTLINE RAILROAD, THENCE ALONG SAID PARALLEL LINE AND ALONG SAID SOUTHERLY BOUNDARY N.73°39'21"E., A DISTANCE OF 242.90 FEET; THENCE N.00°48'40"E., A DISTANCE OF 665.22 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 6; THENCE S.86°38'39'W., ALONG SAID PARALLEL LINE A DISTANCE OF 406.50 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 236882 SQUARE FEET OR 5.438 ACRES, MORE OR LESS. Ladybird Academy Location Map baliblailibialogrir�jjj►`-,, �.�IIIII(��:l im IIIII u rtit„ s- ♦,,- mamma a�' ' IIIIl,..� sg.-- MIt i. i _iv 41"is Illlll��::.( _ �ilr,i �iiillT -1"-] , 11111111111IF111 t",.; MI 4: vp. ita*?1 Air 1 A . v,• 1 w,,,,i, IIS ; , ; • illi"imuub o�,d X29 tevi �,a 0 Fullers Goss ll