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HomeMy WebLinkAboutOrdinance 89-61 ORDINANCE NO. 89-61 CASE NO. 2-SCR-89:FHB DEV . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO REZONING OF LANDS OWNED BY FHB DEVELOPMENT CORPORATION LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA AND LYING WITHIN SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; CHANGING THE ZONING CLASSIFICATION OF SAID LANDS FROM ORANGE COUNTY SINGLE FAMILY RESIDENTIAL TO R-1-AAA, LARGE LOT SINGLE FAMILY DWELLING DISTRICT FOR TRACT #1 AND R-1-A, SINGLE FAMILY RESIDENTIAL DISTRICT FOR TRACT #2; DESCRIBING THE LAND BEING REZONED; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING HAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, FHB Development Corporation, has petitioned the City of Ocoee Board of City Commissioners for a zoning amendment wi th respect to certain lands owned by said enti ty which are located in the City of Ocoee, Orange County, Florida; 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. 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 "Orange County Single Family Residential" to "R-1-AAA, Large Lot Single Family Dwelling District": Page 2 Case No. 2-5CR-89:FHB DEV NEW ZONING CLASSIFICATION: R-l-AAA. Larae Lot Sinale Family Dwelling Distriot . LEGAL DESCRIPTION OF SUBJECT PROPERTY (TRACT #1): . Paroel 1 - Commencing at the southeast corner of Lot 5, the record plat of Lake Johio Shores, per P.B. "Q", PG. 54, public records of Orange County, Florida; run N 90 00'00" W along the south line of Lots 5 and 6, said plat of Lake Johio Shores, a distance of 513.73 feet for a Point of Beginning; thence continue N 90 00' 00" W a distance of 85.00 feet to the southwest corner of said Lot 6; thence N 00 00'00" E along the west line of said Lot 6 a distance of 191.92 feet more or less to the water line of Lake Johio; thence approximately meandering said water line the following courses and distances: N 88 08'29" E a distance of 33.64 feet; thence N 72 52'15" E a distance of 17.17 feet; thence N 63 31'38" E a distance of 33.48 feet; thence N 62 21' 31" E a distance of 133.99 feet; thence N 47 06'05" E a distance of 59.26 feet; thence N 43 19'12" E a distance of 60.81 feet; thence N 40 33'07" E a distance of 60.20 feet; thence N 31 32'49" E a distance of 154.95 feet; thence N 12 56' 24" E a distance of 56.52 feet; thence N 21 51'05" E a distance of 64.46 feet; thence N 13 50'21" E a distance of 87.39 feet; thence N 09 01'48" E a distance of 85.97 feet to the north line of the south 38.00 feet of Lot 1 lying east of Lake Johio, per the aforementioned plat of Lake Johio Shores; thence departing said approximately meandered water line run S 89 35'30" E along said north line a distance of 129.51 feet to the east line of said Lot 1; thence S 00 24'30" W along said east line and the east line of Lot 3, of Lake Johio Shores, a distance of 230.00 feet to the Point of Curvature of a curve concave northwesterly having a radius of 25.00 feet and a central angle of 90 00'00"; thence run southerly and westerly along the arc of said curve a distance of 39.27 feet to the Point of Tangency; thence N 89 35'30" W a distance of 25.00 feet to the Point of Curvature of a curve concave southeasterly having a radius of 100.00 feet and a central angle of 90 00' 00"; thence run westerly and southerly along the arc of said curve a distance of 157.08 feet to the Point of Tangency; thence S 00 24'30" W a distance of 267.72 feet to the Point of Curvature of a curve concave northwesterly having a radius of 50.00 feet and a central angle of 89 35'30"; thence run southerly and westerly along the arc of said curve, a distance of 78.18 feet to the Point of Tangency; thence N 90 00'00" W a distance of 199.44 feet to the Point of Curvature of a curve concave northeasterly having a radius of 25.00 feet and a central angle of 70 31'44"; thence run northwesterly along the arc of said curve a distance of 30.77 feet to the Point of Reverse Curvature of a curve concave southeasterly having a radius of 50.00 feet; thence run northwesterly and southerly along the arc of said curve through a central angle of 186 22'15" a distance of 162.64 feet to a Point; thence departing said curve from a radial bearing of N 64 09'29" E run S 00 00'00" W a distance of 128.21 feet to the Point of Beginning. containing therein 3.072 acres more or less. Page 3 Case No. 2-5CR-89:FHB DEV section 3. 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 "Orange County Single Family Residential" to "R-1-A, Single Family Residential District": NEW ZONING CLASSIFICATION: . R-l-A. Sinqle Family Residential District LEGAL DESCRIPTION OF SUBJECT PROPERTY (TRACT #2): Parcel 2 - Beginning at the southeast corner of Lot 5, the record plat of Lake Johio Shores, Per P.B. "Q", PG. 54, Public Records of Orange County, Florida; run N 00 24'30" W along the east line of Lots 5, 4, and 3, said plat of Lake Johio Shores, a distance of 591.30 feet to the Point of Curvature of a curve concave northwesterly having a radius of 25.00 feet and a central angle of 90 00' 00"; thence from a radial bearing of N 89 35' 3D" W run southerly and westerly along the arc of said curve a distance of 39.27 feet to the Point of Tangency; thence N 89 35'30" W a distance of 25.00 feet to the Point of Curvature of a curve concave southeasterly having a radius of 100.00 feet and a central angle of 90 00'00"; thence run westerly and southerly along the arc of said curve a distance of 157.08 feet to the Point of Tangency; thence S 00 24'30" W a distance of 267.72 feet to the Point of Curvature of a curve concave northwesterly having a radius of 50.00 feet and a central angle of 89 35'30"; thence run southerly and westerly along the arc of said curve a distance of 78.18 feet to the Point of Tangency; thence N 90 00'00" W a distance of 199.44 feet to the Point of Curvature of a curve concave northeasterly having a radius of 25.00 feet and a central angle of 70 31'44"; thence run northwesterly along the arc of said curve a distance of 30.77 feet to the Point of Reverse Curvature of a curve concave southeasterly having a radius of 50.00 feet; thence run northwesterly and southerly along the arc of said curve through a central angle of 186 22'15" a distance of 162.64 feet to a point; thence departing said curve from a radial bearing of N 64 09'29" E run S 00 00'00" W a distance of 128.21 feet to a point on the south line of Lot 6, said Lake Johio Shores; thence S 90 00'00" E along said south line and the south line of the aforementioned Lot 5 a distance of 513.73 feet to the Point of Beginning. . Containing therein 3.266 acres more or less. section 4. 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 s. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. . . Page 4 Case No. 2-5CR-89:FHB DEV 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 immediately upon passage and adoption. /t.. 11 day of January, 1990. PASSED AND ADOPTED this APPROVED: ATTEST: CITY OF OCOEE, FLORIDA r ( SEAL) ADVERTISED Dec. 22 READ FIRST TIME Dec. READ SECOND TIME AND J 4-lJlIA--Ly I L , 1989 26 , 1989 ADOPTED , 1990 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORfb UD LEGALITY, this ,r~ day of January, 1990. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON TWfI ~ Ib ,1990 UNDER AGENDA ITEM NO. V A FOLEY(tRDNER' VAN DEN BERG, GAY, B RKE, WI SON , ARKIN By: !J f jj;;ft City Attorney