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Home My WebLink About2021-055 Aplausos LLC - 113 W. Oakland Ave. - SSCPA - CorrectedORDINANCE NO.2021-055 (Small -Scale CPA --113 W Oakand Ave) DOC # 20210679692 11/04/2021 14:27 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC (NOTE: THIS DOCUMENT IS BEING RECORDED TO CORRECT THE PASSED AND ADOPTED DATE RECORDED WITH ORANGE COUNTY RECORDS DOC420210647512 ON OCTOBER 22, 2021. CORRECT DATE OF PASSAGE AND ADOPTION IS REFLECTED IN THIS CORRECTED ORDINANCE TAX PARCEL ID: 17-22-28-2873-00-020 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 20210679692 Page 2 of 5 WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, November 2, 2021, the Ocoee City Commission field 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 l . 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 fixture 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 day of A14yer,4er , 2021. Space intentionally left blank 20210679692 Page 3 of 5 ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGAI#TY this day of , 2021. SHUT+FIELD LOWMAN & WILLSON, P.A. City APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson • a r ADVERTISED p ,Ci , 2021 READ FIRST TIME , 5' , 2021. READ SECOND TIME AND ADOPTED A1pp1l->-lh& 2021, UNDER AGENDA ITEM NO. JA_ 20210679692 Page 4 of 5 It1XHIBIT "A" LEGAL DESCRIPTION FREEMAN AND YARR REPLAT 60/99 LOT 2 20210679692 Page 5 of 5 EXHIBIT "B" 113 W Oakland Avenue - Aplausos LLC Small Scale Comprehensive Plan Amendment & Rezoning to Community Commercial CPA-2021-005 & RZ-21-08-28 r ee Street �i m x 0 ve Aa� t'9:ass� [o MINIM • l: