The URL can be used to link to this page

Home My WebLink AboutOrdinance 99-40 ORDINANCE NO. 99-40 CASE NO. AR-98-11-13: LAKE JOHIO AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1A, SINGLE FAMILY RESIDENTIAL DISTRICT, TO OCOEE R-1A AND R-1AAA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 17.86 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD, APPROXIMATELY 450 FEET NORTH OF THE INTERSECTION OF SILVER STAR AND CLARKE ROADS, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone and establish an initial zoning classification for said real property of Ocoee, R-1A and R-1AAA, Single Family Dwelling District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(8) 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 Initial Zoning requested by the Applicant 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"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(8) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant 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 the zoning classification of said real property be "R-1A and R-1AAA, Single Family Dwelling District" as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of Parcel 1 as described on EXHIBIT "A" attached hereto and by this reference made part hereof, which is located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County R-1A, Single Family Dwelling District" to "Ocoee R-1A, Single Family Dwelling District". The zoning classification, as defined in the Ocoee City Code, of the Parcel 2 as described on EXHIBIT "A" attached hereto and by this reference made a part hereof, which is located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County R-1A, Single Family Dwelling District" to "Ocoee R-1AAA, Single Family Dwelling District". SECTION 3. MAP. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 5. 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 Initial 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 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in conflict 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 take effect immediately upon passage and adoption. PASSED AND ADOPTED this 2.l.n" day of _Dee ~ t+..~~.g... , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA >>> IJJi I'A.M .J Ju~ JEAl-J GRAFTON, CITY CLERK i"\ t\ t\. ~ '" '" (; A. E eN) 1\ (~,;n~. N a. (SEAL) ...S' I) .~ ;;5) . ~?11/ a1-~ S. SCOTT VANDERGRIFT, M YOR ADVERTISED: DECEMBER 9, 1999 READ FIRST TIME: DECEMBER 7, 1999 READ SECOND TIME and ADOPTED: J 1:. Co E h\.1.H: l... 2.. 11 J q q q UNDER AGENDA ITEM NO. -vL A ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO~R~D LEGALITY this 'J- \ day of ~ r, 1999. ::LEY p;;;;~ City Attorney \IPOLlCE]IREl IPLANNING\KMCGINNISIALL_DA TAIANX-REZlACTIVE\LAKE JOHIOAXPUD\DRAFTORDRZ.DOC N 89-36'05- E 294.16' / / I z ____~ \ \ \ ----l \ \~ APPROXlUATE SHOREUNE OF lAKE JOHIO , " -----~ /......, /// "''''-....... / ....... / 1......---___------ / / ... SKETCH OF DESCRIPTION I POINT OF BEGINNING PARCEL 1 POINT OF COMMENCEMENT PARCEL 2 NW CORNER, LOT 2 BEGINNING LAKE JOHIO SHORES PLAT BOOK Q, PAGE 54 PARCEL 2 \ N 89-36'05- E 304"57' ~ POINT OF LOT 2 w. . III "'Ill ~~ ~ 80 N 11I0 N "It ui co o ...- LOT 12 -------- ...- -' w U 0:: < a. LOT 11 1.&.1 EXHIBIT "A" Legal Description - Parcel 1 Begin at the Northwest corner of Lot 2, Lake Johio Shores, according to the plat thereof, as recorded In Plat Book a, Page 54, of the Public Records of Orange County, florida; thence run N 89'36'05" E, along the north line of said Lot 2, a distance of 304.57 feet; thence run S 00"23'55" E, a distance of 246.36 feet to the point of curvature of 0 curve, concave northeasterly, having 0 radius of 777,46 feet and a central angle of 75'15'30"; thence run southeasterly, along the arc of said curve, a distance of 1021.20 feet to the point of tangency thereof; thence run S 00"30'01. E, 0 distance of 66.58 feet to the south line of Lots 8, 9 & 10 of sold Lake Johlo Shores; thence run S 89'29'59" W, along said south line, 0 distance of 892.27 feet to the west line of Lots 10, 11, 12 & 2 of sold Lake Johlo Shares; thence run N 00"01'43" E, along sold west line, a distance of 1066,42 feet to the Point of Beginning, Containing 11.04 acres (481044.39 square feet) more or less. Legal Description - Parcel 2 Commence at the Northwest corner of Lot 2, Lake Johio Shores, according to the plot thereof, os recorded In Plat Book a, Page 54, of the Public Records of Orange County, florida; thence run N 89'36'05" E, along the north line of said Lot 2, 0 distance of 304,57 feet to the Point of Beginning; thence continue to run N 89'36'05" E, along the north line, a distance of 294.16 feet more or less to the shoreline of Lake Jahla; thence meander southerly and easterly, along sold shoreline to the east line of Lot 7 of said Lake Johlo Shores; thence run S 00"21'41" E, along sold east line, a distance of 228.35 feet to the southerly line of Lots 7 and 8 of sold Lake Johlo Shores; thence run S 89"29'59- W, along said South line, a distance of 356.32 feet; thence run N 00'30'01" W, a distance of 66.58 feet to a point on a nan-tan,\lent curve, concave northeasterly, having a radius of 777.46 feet and 0 central angle of 75'5'30: thence on 0 chord bearing of N 38'01'40" W, run northwesterly along the ore of said curve, a dIstance of 1021.20 feet to the point of tangency thereof; thence run N 00'23'55" W, 0 distance of 246.36 feet to the Point of Beginning. Containing 6.82 acres (296956.68 square feet) more or lesB. Co I"l LAKE JOHIO ~ ~~ ~ . r') ::t ...- p o o z R = 777.46 ~ = 75'5'30- L = 1021.20 CB = N 38"01'40. LOT 10 S 89-29'59B W ,ro," 0", ,\ ;, t:' E '"'i':\{ l't. U\.i\.J L. - BEARI :.nuVVN "R'f'R'EON ARE BASED ON THE NORTH LINE OF LOT 2, LAKE JOHIO SHORES HAVING AN ASSUMED BEARING OF N 89'36'05" E. DATE: 11/14/99 SCALE: 1" a 200' APPROVED BY: BAM ,DB NO. 18801Z0N DRAWN BY: JLH REVISED: w . ...-io ~I"l .. "'-ad 9 S'lN ON 0 en LOT 9 / LOTB / N 00'30'01" W / S 00-30'0,B E / 66.58' 892.27' S 89"29'59B W 356.32' LOT 7 SKETCH OF DESCRIPTION ONLY NOT A BOUNDARY SURVEY 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TIlLE OR USE OF THE LAND 2. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCI. TEDE~GEPT As SHOWN. J. NOT VALID WllHOUT .lHE S1GNAlURE AND lHE ORIGINAL RAISE.D SEAL OFA FLORIDA UCENSED SURVEYOR ANDMAf'lPER..,. "i'." '"j,' ~. (/ , I AMERICAN SURVEYING & MAPPING I CERllFICA liON OF AUlHORIZA llON NUMBER LBI6393 2511 EDGEWA TER DRIVE ORLANDO, FLORIDA 32804 (407) 428-7979 c;: OAlE EXHIBIT "B" Location Ma co CITY OF OCOEE, FLORIDA LAKE JOHIO ANNEXATION o==g LEGEND /\I City Limits D City Property D County Property ~ Subject Property N W+E s o