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Home My WebLink AboutOrdinance 89-62 ORDINANCE NO. 89-62 CASE NO. 2-6ACR-89:MIZO ...... AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO REZONING OF LANDS OWNED BY THOMAS C. FEENEY, III, TRUSTEE, WINDERMERE DEVELOPMENT CORPORATION, WHITE ROAD PARR, INC., AND JULIAN CONSOLIDATED, INC. DEFINED BENEFIT PENSION PLAN, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA AND LYING WITHIN SECTIONS 16 AND 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; CHANGING THE ZONING CLASSIFICATION OF SAID LANDS FROM ORANGE COUNTY A-1, AGRICULTURAL TO R-1-A, SMALL LOT SINGLE FAMILY RESIDENTIAL DISTRICT; DESCRIBING THE LAND BEING REZONED; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. . WHEREAS, Thomas C. Feeney, III, Trustee, Windermere Development Corporation, White Road Park, Inc., and Julian Consolidated, Inc. Defined Benefit Pension Plan, have petitioned the City of Ocoee Board of City Commissioners for a zoning amendment with respect to certain lands owned by said entity which are located in the City of Ocoee, Orange County, Florida; and WHEREAS, the City commission of the City of Ocoee has by Ordinance No. 89-53, adopted on the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee the lands which are the subj ect of the petition for a zoning amendment; and WHEREAS, pursuant to Section 3.2 of Chapter II of Appendix A of the Ocoee City Code, the building official has reviewed the aforementioned application for a zoning amendment and determined that the proposed zoning amendment is consistent with the 1979 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 719, adopted April 15, 1980; and WHEREAS, the proposed zoning amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee; and . WHEREAS, pursuant to Section 5.1 of Chapter II of Appendix A of the Ocoee City Code, the Planning and Zoning Commission of the City of Ocoee held an advertised public hearing on October 24, 1989, with respect to the proposed zoning amendment and has forwarded its recommendation with respect thereto to the City commission of the City of Ocoee, all as required by Section 3.4 of Chapter II of Appendix A of the Ocoee City Code; and WHEREAS, the City Commission of the City of Ocoee has held a de novo public hearing with official notice thereof with respect to the proposed zoning amendment; and .... WHEREAS, this Ordinance has been considered by the City Commission of the City of Ocoee 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. The City Commission of the City of Ocoee has the authority to enact this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Page 2 Case No. 2-6ACR-89:MIZO section 2. The zoning classification, as defined in Appendix A of the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee is hereby changed from "A-1, Orange County Agricultural" to "R-1-A, Small Lot Single Family Residential District": NEW ZONING CLASSIFICATION: . R-l-A. Small Lot Sina1e Fami1v Residential District LEGAL DESCRIPTION OF SUBJECT PROPERTY: Parcel 1 - The southwest 1/4 of the southwest 1/4 of the southeast 1/4 of section 16, Township 22 South, Range 28 East, Orange County, Florida, thereof, less that part described as follows: Commence at the southwest corner of the southeast 1/4 of section 16, Township 22 South, Range 28 East; run north 89 40'36" east, 30.00 feet to the Point of Beginning; thence run north 00 08'56" east 208.80 feet parallel with the west line of said southeast 1/4; thence run north 89 40'36" east, 208.80 feet; thence run south 00 08'56" west, 208.80 feet to the south line of the southeast 1/4 of said section 16; thence run south 89 40'36" west, 208.80 feet along said line to the Point of Beginning. Also Less: From the southwest corner of the southeast 1/4 of section 16, Township 22 South, Range 28 East, Orange County, Florida, run north 00 08'56" east, 453.50 feet along the west line of said southeast 1/4 to the Point of Beginning; thence run north 00 08' 56" east, 166.00 feet along the west line of said southeast 1/4; thence run south 89 51'04" east, 155.00 feet; thence run south 00 08'56" west, 166.00 feet; thence run north 89 51'04" west, 155.00 feet to the Point of Beginning. Less and except right-of-way for Clark Road also less and except an ingress/egress easement over the west 30.00 feet of the south 453.50 feet; and the north 46.48 of the west 30.00 feet of the southwest 1/4 of the southwest 1/4 of the southeast 1/4 of section 16, Township 22 South, Range 28 East, Orange County, Florida. AND: The east 1/2 of the southwest 1/4 of the southeast 1/4 of Section 16, Township 22 South, Range 28 East, Orange County, Florida. . Parcel 2 - Commence at the southwest corner of the southeast 1/4 of section 16, Township 22 South, Range 28 East; run north 89 40'36" east, 30.00 feet to the Point of Beginning; thence run north 00 08' 56" east, 208.80 feet parallel with the west line of said southeast 1/4; thence run north 89 40'36" east, 208.80 feet; thence run south 00 08'56" west, 208.80 feet to the south line of the southeast 1/4 of said section 16; thence run south 89 40'36" west, 208.80 feet along the said south line to the Point of Beginning. Parcel 3 - The northwest 1/4 of the northwest 1/4 of the northeast 1/4 of Section 21, Township 22 South, Range 28 East. Less the south 550.00 feet thereof and Less the west 25.0 feet thereof. Parcel 4 - Lots 7 and 8, Rose Hill Groves, according to the plat thereof as recorded in the Plat Book H, Page 146, Public Records of Orange County, Florida. Page 3 Case No. 2-6ACR-89:MIZO said lands lying in sections 16 and 21, Township 22 South, Range 28 East, Orange County, Florida. . Section 3. 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 amendments 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 1.1 of Chapter III of Appendix A of the Ocoee City Code. section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. Section 5. Severabi1itv. 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 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this I~'f:! day of January, 1990. APPROVED: CITY OF OCOEE, FLORIDA .~ ATTEST: (SEAL) ADVERTISED Dec. 22 , 1989 READ FIRST TIME Dec. 26 , 1989 READ SECOND TIME AND ADOPTED J,fA1/.i,t1<.1{ If. , 1990 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS ~O FO~,~D LEGALITY, th1s l (., day of January, 1990. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON r""'lJlo4~ I\. ,1990 UNDER AGENDA ITEM NO. Vc... . FOLEY , LARDNER, VAN DEN BERG, By:AY61]'s WIl1::;:l City Attorney - -.-""> ---' CITY OF OCOEE PROPOSED COMPREHENSIVE PLAN AMENDMENT -REZONING III II I II .,. "..;~~-. . .,~-;.. ,~ .. JfIIIr.: '"- '.- .' -"'" ~." .. ~ . .... -., .,...'.~.: .". -. ............../ :':~.-:,: ''''';~'''' '." ~~~~~ ..,;- 1_ _..:~.~ I:~- '.i_ ..-~~~~,,"~~'':~ ~-~'JJT::t .. L'Y~,-~c- ~~~."'.,"'" " ~. 'j~'t( ~~-,~k~-~";":-;.~~{;:;~ .... _ '. ~. "~' ~ '1""'. '.. "."..." ,..... ~~~' ,C~;~j-:f ":'-:" e.~ ~1'-~:;-~' . ,;::? ..~~~,,,~.:":.l':'-~~~ ",: ~ '--',,"'Il:'~ .. ~~'~ ;T . ..:..}-~ .... r,L ~,.-; ~y\. LAQ OU...... ..., .~, . ':-:--- ff' __ .8='"1:=M1 ;t;~; Il '1; :;J " ~~7 ::.-. I ~j ""'ra~ Ii =i' I~~ /1"R-1-A . : _ : I I : \. ' 7r-' .,,~Yt:~"~ : I trfTI ~ :: ::::~...",.. . ........~"'.;.;,;:.:.,. >' .....\ ,., :f WHITER - ~..;;':'::_, ~ ~'~~~21.~~;~:> l<""..'!C: ~ . ~.~~~ I :t::R- ;.~:~ :~IJ:~~I~""L I; .';'. '5} ~(fr")'J0:~: ~ _ ". . . ..... ,,".i.lii .;. co:: --.,.. "~"".,..~ .ro....,. ::<,-' :-:':::' c-:..' , :_.;<~.::: 'C:' ~ ,.~~~rti "*.~'- ."':fit.'S~ . -~,~:.~~~. ~-,:~~ '~i~t~"i.'..~ ~. .._--<"~ "". "'-~ :~ ~~~>~;_. " ~i. '" .~~ lTO"': .. ,~ ...'.... ~,~........; ^ . t...... .., "~ "'., 'I. .... ;_]~~ik~~i~~ ,;-;:,~. ~~ . ':. ~ .. ".. r "cR .. ~~ .-...... ~ . . ~L..: ~;,:- ~~~":: L.;~~.::-:.,"" ~ +.:.;: I . : I : ~ L___ ~~ =~ i: - t - .... ~ _'-I II. --', ___u~ '~fI'~t:U --L==a1 !Iff 16 ~ \?/ i ;: L'i 21 22/ I Iii I fJ>... . ~ \ . r- I r I. .r I').y.-- ~ ". ~~7 r- . ,... U SUBJECT PROPERTY ~ WJ \ ::::t: ~ b1lp.~ " . ~~ ~~ ~ .; I ~:=t: = r---.,' ~ r - ^-1 '\ I-~- I I...'" ,?Y I I.r::,r- ~ I I 1- III I If '\ Y / II I Iii ..... { - I I I I I I I I ------~ I I I I r....__. I .1 Case fob. 2-MCR-89:MIZO: Involving a 50.9 acre parcel located north of White Road an eas t of Clark Road. FRCM: Orange County "A-l, Agrucultural" 'IO: "R-l-A, Small Lot Single-Family Residential"