HomeMy WebLinkAbout2021-056 Aplausos LLC - 113 W. Oakland Ave. - Rezoning - CorrectedORDINANCE NO.2021-056
(Rezoning Ordinance for 113 W Oaldand Ave)
NOTE: THIS DOCUMENT IS BEING RECORDED TO CORRECT THE PASSED AND
ADOPTED DATE RECORDED WITH ORANGE COUNTY RECORDS
DOC#20210647513 ON OCTOBER 22 2021. CORRECT DATE OF PASSAGE
AND
ADOPTION IS REFLECTED IN THIS CORRECTED ORDINANCE)
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TAX PARCEL ID: 17-22-28-2873-00-020
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CASE NO. RZ-21-08-28: 113 W Oaldand Avenue — Aplausos LLC Rezoning
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
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THE ZONING CLASSIFICATION FROM R-1AA (SINGLE FAMILY
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DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL
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DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING
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APPROXIMATELY 0.29 ACRES LOCATED AT 113 WEST OAKLAND
AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH REZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
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 owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission")
to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing approximately
0.29 acres, more particularly described in Exhibit "A" and depicted in Exhibit "B" from R-lAA
to C-2; and
WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of
the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that said Rezoning is consistent with the 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, said Rezoning application was scheduled for review and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"), acting as the Local Planning Agency; and
WHEREAS, on September 14, 2021, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that said Rezoning is consistent with the Ocoee Comprehensive Plan and is
in the best interest of the City, and recommended to the Ocoee City Commission that the zoning
20210679693 Page 2 of 5
classification of said real property be rezoned as requested by the Applicant, and that the Ocoee
City Commission find that the Rezoning requested by the Applicant to be consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on November 2, 2021, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that the
Rezoning is consistent with the Ocoee Comprehensive Plan; 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. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 0.29 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1AA to C-2.
A reap of said land herein described which clearly shows the area of the Rezoning is attached
hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby
finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 Rezoning 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 the Ocoee
City Code,
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 ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this 04' y of e- , 2021
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ATTEST:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this Z"y day of J , 2021.
SHUF FIELD LOWMAN N WILSON, P.A.
By:
City
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Jolulson, or
ADVERTISED [%gyp W1 52021
READ FIRST TIME® J+ , 2021.
READ SECOND TIME AND ADOPTED
I v® An bl- r c,,,9 - , 2021.
UNDER AGENDA ITEM NO
20210679693 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
FREEMAN AND YARR REPLAT 60/99 LOT 2
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EXHIBIT "B"
LOCATION MAP
113 W Oakland Avenue - Aplausas LLC
Small scale Comprehensive Plan Amendment & Rezoning to Community Commercial
CPA-2021.006 & RZ-21-08-28
e Street
street
11 W-?Mz. !.In