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Home My WebLink About2017-002 Montessori School - Rezoning DOCP 20170046964 • , 01/25/2017 08:57:11 AM Page 1 of 5 Rem Fee: $44.00 Phil Diamond, Comptroller Orange County FL ORDINANCE NO. 2017-002 MB - Ret To: CITY OF OCOEE (Rezoning Ordinance for Montessori School) j 111 TAX PARCEL ID: 07-22-28-0000-00-101 07-22-28-0000-00-054 07-22-28-0000-00-079 CASE NO. RZ-16-10-05: Montessori School AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO OCOEE A-1 (GENERAL AGRICULTURE) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-17.6 ACRES LOCATED ON THE WEST SIDE OF NORTH LAKEWOOD AVENUE AND SOUTH OF FULLERS CROSS 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. 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 +/-17.6 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 to Ocoee A-1 (general agriculture); 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 f; 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 December 13, 2016, 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 January 17, 2017, 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 +/-17.6 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to Ocoee A-1 (general agriculture). 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. { k '` PASSED AND ADOPTED this /7 day of TA"u a d r , 2017. ATTEST: APPROVED: A `I i CITY OF OCOEE, FLORIDA 7 1i4:'; h1 �J ti11 [�1 i1. 4 ms .0 ':- usty Johns ayor 11:1 7 t1� Eq .^a E r rt 1 =� ' J ,T ; y,1 - i i Z ; a ADVERTISED T4i'1 Acr 5 7 `"` f*#� 1 L4 I' „°°::. _ y` READ FIRST TIME Jan Ll 3 , 2017. #��' , 1 er ,,,&,,...!.t READ SECOND TIME AND ADOPTED � fi 1' y -211 vd r f 17 , 2017. Under Agehda Item No. 9 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this I Tirday of Tp,4 , , 2017. SHUFFIELD LOWMAN & WILSON, P.A. ----7 By: _ City 4:111,•me { EXHIBIT "A" (The "Property") LEGAL DESCRIPTION: AS WRITTEN BY THE SURVEYOR A PORTION OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S 00°11'47" E ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 598.64 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID EAST LINE RUN S 89°48'13" W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET TO A POINT LYING ON THE WEST RIGHT OF WAY LINE OF N LAKEWOOD AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE RUN S 00°11'47" E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 599.09 FEET TO A POINT LYING ON THE SOUTH LINE OF THE SOUTH 330.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7, ALSO BEING THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN S 88°23'56" W ALONG SAID SOUTH LINES, A DISTANCE OF 1,265.70 FEET TO A POINT LYING ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID SOUTH LINES RUN N 00°29'53" E ALONG SAID WEST LINE A DISTANCE OF 615.20 FEET TO A POINT LYING ON THE AFORESAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE RUN N 89°07'20" E ALONG SAID NORTH LINE A DISTANCE OF 1257.95 FEET TO THE POINT OF BEGINNING. CONTAINING 765,853 SQUARE FEET OR 17.58 ACRES MORE OR LESS. . ' ' • EXHIBIT "B" Location Map Innovation Montessori School • km t.und . 1 1 . {__., 4..•I ,—- 0) r . ... a. a, -a--; Cii C.) ':_._ 1 . -i - . Fullers crs1 1 --- - 1-: : 1 1 1- 1 , r , - : .4. r i • . 0 i uligt!) 1 I i IL MI I MT - \ , _ I i II q 1 1 1 , 1 _._, _.-T-- ..rl 1 1 , LI__ ik, \ Ja I _ L . ! _. F-A \ - m • : - r---, I ---7 III MA. i • --. i Li 1 , 1 IA Jibs i ( 1 Th , r 1 _v_l_ii 1 3___ 0 1111M I ■ I -- Tiiiiiki- I ll H 1 — IMP 1 t 1' - _ip -- --- — A • I I Li 1 L _ ,k n ' 1 I _Iiiiig : ' 1 , 1 1 mt 1 I_ ______ __a_ _ (7) 0 0 ' -V , j HI ii H .1._ :_--, , frotuit.--EL-ilF11' , i - g : 1 1