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2018-013 Ladybird Academy PUD - CPA DOCP 20180182420 03/28/2018 08:47:29 AM Page 1 of 5 Rec Fee: $44.00 Phil Diamond, Comptroller Orange County FL MB - Ret To: CITY OF OCOEE ORDINANCE NO. 2018-013 Iffi REIM111011111 CASE NO. CPA-2018-001: Ladybird Academy PUD 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 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; 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-2018-001 in order to amend the Future Land Use designation of certain real property containing approximately 5.45 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-2018-001 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on February 13, 2018, 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-2018-001; and WHEREAS, on March 20, 2018 the City Commission held an advertised public hearing and adopted Amendment Number CPA-2018-001; 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-2018-001 consistent with the provisions of this Ordinance. 2 SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. t 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 I t 1 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. a PASSED AND ADOPTED this�Q y of /r/J`'(, , 2018. t t ; ; ,-1/ ' APPROVED: �'i 1 1 - "i- it; TT ;' CITY I F OCOEE,FLORIDA Ilk i. }I F J-_,. }, e 1,,. I _ k _.. . M6Sibbitt, City Clerk �' Rusty John %n,Ma or F ,tit j ' t (SEAL), i Ylf ADVERTISED ird,_ d ,2018 ` `, ' ' �� � READ FIRST TI E �ir�� �� , 2018 � 8 1 � FOR USE AND.aLIANCE ONLY BY READ SECOND TIME AND ADOPTED THE CITY OF OCQEE,FLORIDA 7W/ir/* ( .0 ,2018 t Approved as to form and legality this2d0 UNDER AGENDA ITEM NO. 6 day of M-04 , 2018. t SHUFFIELD LOWMAN 4 LSON, P.A. , By: �' II City :fr t I a 1 4 J E' , iE 3 a 'c EXHIBIT "A" LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF THE SOUTWEST '/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 '/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. 4 Ladybird Academy Location Map `aliiliiiirrrr \ • �� ��� UI ' =� 42, 1[51:nummuim = , ��` � 11111111 al • A141,MAR _ : P�� 4 ;;A 3 I pP t , mum m . 11111111111111 G,; � `,,, Ar 1 0 „ t r"/ 441#• 1w ft, IAll ._________ •I�� �j i tiri : oad X2 teik a Fullers 6Toss