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Home My WebLink About2014-005 Ocoee Elementary School Site Expansion - RezoningORDINANCE NO. 2014-005 (Initial Zoning Ordinance for Ocoee Elementary School Site Expansion) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE A -1 ZONING, GENERAL AGRICULTURE DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 6.42 ACRES LOCATED ON THE NORTHEAST CORNER OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD AVENUE, OCOEE, FLORIDA, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. M W W � _ w a� �v r� ma o N L r a E ma if) r- V Ifl •• F vLLO te U.W N"'m'r" U in inx C0 �'7 to 7F �� 40 5 CD 0B "oc°� Go cc 3twLLL 01 N .0 t 1 ONWLm GmM� : _ WHEREAS, the owner (the "Owner ") 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 zone said real property to Ocoee A -1, General Agriculture District (the "Zoning "); WHEREAS, pursuant to Section 5 -9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement "); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; WHEREAS, pursuant to the provisions of Section 6(13) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ( "PZC "); WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 Chapter 166, Florida Statutes. SECTION 2. Zoning The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 6.42 acres located within the corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee A -1, General Agriculture District: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property "). SECTION 3. Map A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. Official 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 Zoning 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. Ocoee Comprehensive Plan and JPA Consistency The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. -2- SECTION 6. Inconsistent Ordinances All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 7. 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 8. Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. -3- PASSED AND ADOPTED this jr – r day of R , 20_j�_. ATTEST: B`ettfrikenberry, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA - S. Scott Vandergrift, Mayor ADVERTISED READ FIRST TIME , 20 READ SECOND TIME AND A ` OPTED 'r ,20 J- UNDER AGEN A ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this — day of ��3 , 206. SHUFFIELD LOWMAN & WILSON, P.A. By: \City torney EXHIBIT "A" THE PROPERTY A PORTION OF THE NORTHWEST 1/4 OF SECTION 20, TOWMW 22 SOUTH, RANGE 28 BAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CCbfld N`CB AT THE NORTH 1/4 CORNER OF SAID SECITON 20; THENCE, WTTH 77M NORTH LINE OF THE NORTHWWr 1/4 OF SAID SECTION 20, SOtTTH $9"4014" WEST, A DISTANCE OF 2056.60 FM TO THE NORTHEAST CORNER OF THE OCOEE HUMC TARY SCH0014AS DESCRIBED IN OFFICIAL. RECORDS BOOR. 2790, PAGE 424, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA); THENCE, WITH TIM BAST LINE OF SAID OCOEE ELEMENTARY SCHOOL, SOUTH 00°48'54" FAST, A D18TANCS OF 748.42 FBRT TO THE SOUTHEAST CORNER OF SAID OCOEE ELEMENTARY SCHOOL AND THE POINT OF BEGINNING, THENCE, WITH A SOUT21ERLY PROtECiTON OF THE BAST LINE OF SAID OCOEE ElEbU 1TARY SCHOOL, SOUTR OV48'S4" EAST, A DISTANCE OF 469.72 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WHITE ROAD(ALSO KNOWN AS BAST ORLANDO AVENUE, A 60 FIM RIMT -OF -WAY PER PLAT OF PRIMA VISTA. AS RECORDED IN PLAT BOOK 4, PAGE 130); THENCE, WTTA THE NORTH RICIAT OF WAY LINE OF MUTE ROAD. NORTH 89 °42 WHET. A DISTANCE OF 579.32 FEE TO THE BAST RIGHT-OF-WAY IJNE OF LAKEWOOD AVENUE(A 60' RIGM -OF -WAY AS RECORDED IN THE MAP OF OCOEE IN PLAT BOOK A. PAGES 100 -101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA); THMCB, WITH THE EAST RIGHT -OF -WAY LINE OF SAID LAKEWOOD AVENUE, NORTH OU- 42'36 WEST, A DISTANCE OF 44638 FEET TO THE SOUTH LINE OF PREMISES DESCRIBED IN OFFICIAL RECORDS BOOK 5791, PAGE 603. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE, WITH SAID SOUTH LINE, NORTH 89°2748" EAST, A DISTANCE OF 120.00 FEET TO THE SOUTHEAST CORNER THEREOF; 'THENCE, VaM THE BAST LINE OF SAID PRM*USESS, NORTH 00°42'36" WEST, A DISTANCE OF 59.04 FM TO THE SOUTH LINE OF SAID OCOEE BLEMHNTARY SCHOOL PREMISES; THENCE, WITH SAID SOUTH L qF, SOUTH 85 0 00'20" EAST, A DISTANCE OF 4613.65 FEW TO THE POINT OF BEODWING. SAID PARCEL. CONTAWS 6.3794 ACRES OF LAND, MORE OR LESS. -5- EXHIBIT `B" I on