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2019-013 CLRM PUD - LSCPADOC # 20190708552 11/11/2019 14:52 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller ORDINANCE NO. 2019-013 orange county, FL (Comprehensive Plan Amendment Ordinance for CLRM PUb3°: CSC INC TAX PARCEL ID: 33-21-28-0000-00-007, 33-21-28-0000-00-020 & 34-21-28-0000-00-022 CASE NO. CPA -2018-008: CLRM PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION FROM ORANGE COUNTY "RURAL SETTLEMENT 1/5" TO CITY OF OCOEE "LOW DENSITY RESIDENTIAL," FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 193.22 ACRES LOCATED ON THE SOUTH SIDE OF EAST AND WEST MCCORMICK ROAD, AND ON THE WEST SIDE OF NORTH APOPKA VINELAND 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, the City Commission of the City of Ocoee (City) has adopted the City's Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy Act (the "Act"); and WHEREAS, Part II, Chapter 163, Florida Statutes, sets forth procedures and requirements for a local government to adopt a comprehensive plan and amendments to the comprehensive plan; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency (LPA) conducted a public hearing on April 9, 2019, to consider the proposed amendment to the comprehensive plan; and WHEREAS, following the public hearing, the LPA recommended the proposed amendment to the City's Comprehensive Plan that is set forth herein; and WHEREAS, pursuant to Section 163.3184(l 1), Florida Statutes, on April 16, 2019, the City Commission conducted a public hearing to consider the transmittal of the 1 20190708552 Page 2 of 5 amendment to the City's Comprehensive Plan and, after consideration of public comments, authorized its transmittal pursuant to Section 163.3184(3), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. Authority. The City Commission of the City of Ocoee 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 3. Amendments to Comprehensive Plan. The City's Comprehensive Plan is hereby amended by approval of a Large Scale Comprehensive Plan amendment to the Future Land Use Map designation for the property described in "Exhibit A" from "Rural Settlement 1/5" to "Low Density Residential." Exhibit A" is attached hereto and by this reference made a part hereof. Section 4. Transmittal; Revision of the Official City Land Use Map. The City Clerk is hereby authorized to transmit the required copies of the amendments to the City's Comprehensive Plan to the parties as required pursuant to Section 163.3184(3)(b), Florida Statutes. Following transmittal the ordinance will be considered for final adoption. Following final adoption, the City Planner is authorized to revise the Official Future Land Use Map of the City of Ocoee in accordance with the provisions of this Ordinance. 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 become effective following adoption and in accordance with the provisions stated in Section 163.3184(3)(c), Florida Statutes. PASSED and APPROVED on this �' day of 14'4yogmbef, 2019. [Signatures on Following Page] 2 20190708552 Page 3 of 5 ATTEST: tom.. ,*;.-,�,,•..� ,. IVleia` ie ibbo 4twO rk . •fir Ci � �. ,,. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 5y day of _ & . , 2019. SHUFFIELD, LOWMAN & WILSON, P.A. APPROVED: CITY OF OCOEE, FLORIDA Rusty John ayor ADVERTISED AND /0 READ FIRST TI o,-1/ /(o , 019. READ SECOND TIME AND ADOPTED /l�y�rnb�r 5 , 2019, UNDER AGENDA ITEM NO. 20190708552 Page 4 of 5 EXHIBIT "A" Legal Description of Property PARCEL 1: BEGIN AT THE SE CORNER OF THE NE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN NORTH 253.35 FEET, WEST 11 CHAINS (726 FEET), THENCE SOUTH 253.35 FEET, THENCE EAST 11 CHAINS (726 FEET) TO THE POINT OF BEGINNING. PARCEL 2: THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS ROAD ON NORTH. PARCEL 3: THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, (LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS RAILROAD RIGHT-OF-WAY. LESS & EXCEPT: A PORTION OF PARCEL 3 A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF THE NE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 33, RUN NORTH 89017'29" WEST, A DISTANCE OF 725.86 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH SECTION LINE NORTH 89°17'29" WEST, A DISTANCE OF 603.63 FEET TO A POINT ON THE WEST LINE OF SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 33; THENCE ALONG SAID WEST SECTION LINE, RUN SOUTH 00011'06" WEST, A DISTANCE OF 1,400.31 FEET; THENCE DEPARTING WEST SECTION LINE, RUN SOUTH 89039'36" EAST, A DISTANCE OF 246.28 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,304.74 FEET, A CENTRAL ANGLE OF 17002'08" AND A CHORD DISTANCE OF 386.51 FEET WHICH BEARS NORTH 67017'34" EAST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 387.93 FEET TO A POINT OF NON TANGENCY; THENCE NORTH 00014'35" EAST, A DISTANCE OF 1,245.11 FEET TO THE POINT OF BEGINNING. CONTAINING 812,433 SQUARE FEET OR 18.651 ACRES, MORE OR LESS 4 20190708552 Page 5 of 5 PARCEL 4: THE N 1/2 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, (LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS RAILROAD RIGHT-OF-WAY. PARCEL 5: BEGIN AT THE NW CORNER OF THE SE 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN EAST 534.85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE CLARCONA-APOPKA ROAD (STATE ROAD S-435), THENCE SOUTH 5° EAST ALONG SAID RIGHT OF WAY LINE 778.85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD, THENCE SOUTHWESTERLY ALONG SAID RAILROAD RIGHT OF WAY LINE TO THE WEST LINE OF NW 1/4 OF SE 1/4, THENCE NORTH TO THE POINT OF BEGINNING; LESS PARCELS A, B & C DESCRIBED BELOW: A) FROM THE NW CORNER OF THE SE 1/4 OF SEC. 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN EAST 534.85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE CLARCONA-APOPKA ROAD, THENCE SOUTH 50 EAST ALONG SAID ROAD RIGHT OF WAY LINE 778.85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD FOR THE POINT OF BEGINNING; RUN THENCE NORTH 5° WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF THE CLARCONA-APOPKA ROAD A DISTANCE OF 138 FEET, THENCE WEST 120 FEET, THENCE SOUTH 50 EAST TO SAID RAILROAD RIGHT OF WAY LINE, THENCE NORTHEASTERLY ALONG THE RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING; B) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 3921, PAGE 115; C) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 4934, PAGE 4821. PARCEL & BEGINNING AT THE SW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN EAST 1850 FEET MORE OR LESS TO THE WEST SIDE OF THE ROAD CONNECTING CLARCONA WITH APOPKA; THENCE NORTHERLY ALONG THE WEST SIDE OF SAID ROAD 885 FEET MORE OR LESS, TO THE SOUTH LINE OF LANDS NOW OR FORMERLY BELONGING TO ONE "CUMBIE" OR "CUMBER"; THENCE WEST 1000 FEET; THENCE NORTH 435 FEET, MORE OR LESS TO THE NORTH LINE OF THE SAID SE 1/4 OF THE NW 1/4 OF SAID SECTION 34, THENCE WEST 840 FEET MORE OR LESS TO THE NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34; THENCE SOUTH 1320 FEET MORE OR LESS TO THE POINT OF BEGINNING, LESS ROAD ON NORTH. 9