HomeMy WebLinkAbout2024-09 W. Delaware St. Property CPADOC # 20240137390
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ORDINANCE NO.2024-09 Phil Diamond, Comptroller
(Small -Scale — W. Delaware . Property) Orange County, FL
(SllSlCPA WDlStP
1� t3') Ret To: CSC INC
TAX PARCEL ID: 17-22-28-6144-04-031
CASE NO. CPA-2024-001: W. Delaware St. Property
Small -Scale Comprehensive Plan Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991,
AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE
OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND
USE MAP DESIGNATION FROM PUBLIC FACILITIES/
INSTITUTIONAL TO LOW DENSITY RESIDENTIAL FOR CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY 1.0 ACRES
LOCATED ON THE NORTH SIDE OF WEST DELAWARE STREET
BEGINNING APPROXIMATELY 360 FEET WEST OF THE WEST
DELAWARE STREET AND SOUTH BLUFORD AVENUE
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; AND 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 Il, 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-
6144-04-031, 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
Institutional to Low Density Residential; 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,
20240137390 Page 2 of 5
February 13, 2024, to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, March 5,
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 Public Facilities/Institutional (INST) to Low Density
Residential (LDR).
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 '!� day of �MC�Ych , 2024.
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20240137390 Page 3 of 5
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Melanie Sibb%t6 ft,Q* ' t
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FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORl AND LEGALIT L
this day of c , 2024.
FIS K DOMINICK
By. n
City Attorney
RLLLv� S.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, ayo
ADVERTISED FthrUCIYU , 2024
READ FIRST TIME 2024.
READ SECOND TIME AND ADOPTED
12024.
UNDER AGENDA ITEM NO. �71
20240137390 Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 17-22-28-6144-04-031
TOWN OF OCOEE A/100 S 140 FT LOT 3 BILK 4 LYING E OF RR R/W & S 140 FT OF W 30 FT OF VAC
R/W ON E PER 20180237168.
20240137390 Page 5 of 5
EXHIBIT "B"
W. Delaware St. - Small -Scale Comp. Plan Amendment
Location Map
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