HomeMy WebLinkAbout2024-01 Chinapen Property Small-Scale CPADOC # 20240040907
01/23/2024 09:14 AM Page 1 of 5
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ORDINANCE NO.2024-01 Phil Diamond, Comptroller
(Small -Scale CPA — Chinapen Property) Orange County, FL
Ret To: CSC INC
TAX PARCEL ID: 18-22-28-0000-00-109
CASE NO. CPA-2023-002: Chinapen Property
Small -Scale Comprehensive Plan Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 19919
AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE
OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND
USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.65 ACRES LOCATED ON THE NORTH SIDE OF
PALM DRIVE, APPROXIMATELY 160 FEET WEST OF THE PINE
STREET AND PALM DRIVE INTERSECTION; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE
LAND USE MAP; PREVAILING IN THE EVENT OF ANY
INCONSISTENCY; 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 18-22-28-
0000-00-109, 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,
November 14, 2023, to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
20240040907 Page 2 of 5
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, January 16,
2024, 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. This ordinance prevails in the event
of any inconsistency with all ordinances or parts of ordinances in conflict herewith.
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 10" day of JQWG A , 2024.
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20240040907 Page 3 of 5
ATTEST:
Melanie ibbit4iCity Clerk
r
((SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORTAND LEGALITY
this I G�= day of , 2024.
FIS K DOMINICKn
By: ' 1
<4:�)
City Attorney
f�t'c tpt" l -S, Getter
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johns , a or
ADVERTISED J(Y�UCGt U -1 , 2024
READ FIRST TIME -N�jjj,um�)i.r S ,
2023.
READ SECOND TIME AND ADOPTED
iCmUgcu 1 U 1 , 2024.
UNDER AGtNDA ITEM NO. / , j
20240040907 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 18-22-28-0000-00-109
COMM AT SE COR OF NW1/4 OF NW1/4 OF SEC 18 RUN N00-09-10E 29.4 FT TH S89-08-20W 20 FT
TH CONT S89-08-20W 157.01 FT FOR POB TH CONT S89-08-20W 279.39 FT TH N00-09-10E 256.9 FT
TH N89-08-20E 279.39 FT TH S00-09-10W 256.9 FT TO POB IN SEC 18-22-28
20240040907 Page 5 of 5
EXHIBIT "B"
Chinapen Property - Comprehensive Plan Amendment &
Rezoning Location Map
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