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2019-022 RusTeak 11077 Roberson Road - CPADOC # 20190398655 06128/2019 09:30 AM Page 1 Of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 ORDINANCE NO. 2019-022 Mortgage Doc Tax: $0.00 (Comprehensive Plan Amendment for RusTeak —11077 Roberson Road) Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL TAX PARCEL ID: 31-22-28-0000-00-014 Ret To: CSC INC CASE NO. CPA -2019-003: RUSTEAK —11077 ROBERSON ROAD 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 "PROFESSIONAL OFFICES AND SERVICES" TO "COMMERCIAL," FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.88 ACRES LOCATED ON THE NORTH SIDE OF ROBERSON ROAD, APPROXIMATELY 280 FEET WEST OF THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON 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 -2019-003 in order to amend the Future Land Use designation of certain real property containing approximately 2.88 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 -2019-003 constitutes a Small -Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; Tl 1 20190398655 Page 2 of 5 WHEREAS, on May 14, 2019, 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 -2019-003; and WHEREAS, on June 18, 2019 the City Commission held an advertised public hearing and adopted Amendment Number CPA -2019-003; 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 -2019-003 consistent with the provisions of this Ordinance. 2 20190398655 Page 3 of 5 SECTION 4. Conflicting 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/de"-day da of !�/,� , 2019. APPROVED: Z4�bWitt, ST. ,< E, FLORIDA Melanie Siy Clerk Rusty John r .(SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA Approved as to form and legality this day of TV, 4e- , 2019. SHUFFIELD LOWMAN & WILSON, P.A. By: Ci y 3 ADVERTISED , 2019 READ FIRST TIME , 2019 READ SECOND TIME AND ADOPTED /Oc' , 2019 UNDER AGENDA ITEM NO.117 20190398655 Page 4 of 5 EXHIBIT "A" DESCRIPTION: SOUTH 660 FEET OF THE SE 1/4 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE EAST 330 FEET THEREOF; LESS WEST 792 FEET THEREOF, SUBJECT TO RIGHT OF WAY OVER SOUTH 30 FEET. CONTAINING 2.88 ACRES MORE OR LESS. DESCRIPTION: (AS WRITTEN BY SURVEYOR) THAT PORTION OF THE SOUTH 660.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING IN ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE RUN S89°25'59"W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, 330.00 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN N00°21'16"W ALONG SAID WEST LINE, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF ROBERSON ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1396, PAGE 257, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA FOR THE POINT OF BEGINNING; THENCE RUN S89°25'59"W ALONG SAID NORTH RIGHT OF WAY LINE, 199.90 FEET TO THE EAST LINE OF THE WEST 792.00 FEET OF AFORESAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31; THENCE RUN N00°14'19"W ALONG SAID EAST LINE, 630.01 FEET TO THE NORTH LINE OF THE SOUTH 660.00 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN N89°25'59"E ALONG SAID NORTH LINE, 198.63 FEET TO THE AFORESAID WEST LINE OF THE EAST 330.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN S00°21'16"E ALONG SAID WEST LINE, 630.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.882 ACRES MORE OR LESS. El 20190398655 Page 5 of 5