2017-002 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.
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PASSED AND ADOPTED this /7 day of TA"u a d
r , 2017.
ATTEST: APPROVED:
A `I i CITY OF OCOEE, FLORIDA
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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:
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City 4:111,•me
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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
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