Loading...
HomeMy WebLinkAbout2021-055 Aplausos LLC - 113 W. Oakland Ave. - SSCPA DOC#20210647512 10/22/2021 11:13 AM Pagel of 5 Reo Fee:$44.00 Deed Doc Tax:$0.00 ORDINANCE NO. 2021-055 Mortgage Doc Tax:$0.00 (Small-Scale CPA—113 W Oakland Ave) Intangible Tax:$0.00 Phil Diamond, Comptroller Orange County, FL TAX PARCEL ID: 17-22-28-2873-00-020 Ret To: CSC INC CASE NO. CPA-2021-005: 113 W Oakland Avenue—Aplausos LLC CPA AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, TO CHANGE THE ADOPTED FUTURE LAND USE MAP DESIGNATION FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY .29 ACRES LOCATED AT 113 WEST OAKLAND AVENUE FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (COMM); AUTHORIZING THE REVISION OF THE CITY COMPREHENSIVE PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission") has adopted the City's Comprehensive Plan(the "Ocoee Comprehensive Plan")by Ordinance No. 91-28 on September 18, 1991 pursuant to Chapter 163,Part II,Florida Statutes,the Growth Policy Act(the "Act"); and WHEREAS, Chapter 163,Part II, Florida Statutes, sets forth procedures and requirements for a local government to adopt a comprehensive plan and amendments thereto; and WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee,Florida, assigned tax parcel identification number 17-22-28- 2873-00-020, more particularly described in Exhibit "A" and depicted in Exhibit "B", has submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future Land Use designation (the "Comprehensive Plan Amendment") of said real property from Low Density Residential to Commercial; and WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive Plan Amendment application and determined that said Comprehensive Plan Amendment is consistent with the Ocoee Comprehensive Plan, as amended from time to time; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday, September 14,2021,to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS,pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, October 19, 2021, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Comprehensive Plan Amendment and determined, after consideration of public comments, that the proposed Comprehensive Plan Amendment is consistent with the Ocoee Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The City Commission of the City of Ocoee 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 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to change the future land use designation of the Subject Property, as particularly described in Exhibit "A" and depicted in Exhibit"B", from Low Density Residential (LDR) to Commercial (COMM). SECTION 4. COMPREHENSIVE PLAN. The City Clerk is hereby authorized and directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate the Comprehensive Plan Amendment enacted by this Ordinance. 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 thirty-one (31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5), Florida Statutes. PASSED AND ADOPTED this /9 Itay of dte,beZ , 2021. Space intentionally left blank ATTEST: APPROVED: CITY OF OCOEE,FLORIDA 'n:! a .1 j Y tA•t i G' { S J rti.s \.......k.:._46.1 .Ilk, _ Melatue Sibbitt City rClerk?}, Rusty Johns••i, . or *4:(SE.AL) i r 5, 4 ` ADVERTISED 1— .b. 7 ,2021 READ FIRST TIME 2021. READ S COND T AND ADOPTED f bbP, at ,2021. UND AGENDA ITEM NO. ey FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this KIM day of ,:c ,2021. SHUFFIELD LOWMAN&WILSON,P.A. By: . 15 C .ity 741#�, EXHIBIT "A" LEGAL DESCRIPTION FREEMAN AND YARR REPLAT 60/99 LOT 2 EXHIBIT "B" LOCATION MAP 113 W Oakland Avenue-Aplausos LLC Small Scale Comprehensive Plan Amendment&Rezoning to Community Commercial CPA-2021-005 & RZ-21-08-28 ■ ■ URI gig IN la ,-- I (%_,,...„..///// .11 in '-. 1 ■ ,.-UM - II1_ I - oad Silver ee Street El roil Street Ik ..4 S 1 RA LLI1U P ki \ it ii fl11 Vag Erit siiiia MEL _ w w _ To f to al Str Rim i (l) VV=0hi©itr- —