2018-012 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.
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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
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Melanie.Sibbitt, ity,Cler c Rusty John' • Ma •r
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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 , •
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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
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