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Home My WebLink About2024-30 Shoppes on the Bluff Small-Scale CPAORDINANCE NO.2024-30 (Small -Scale CPA — Shoppes on the Bluff) TAX PARCEL ID: 33-21-28-0000-00-023 and 04-22-28-0000-00-012 DOC # 20240572934 10/04/2024 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 CASE NO. CPA-2024-003: Shoppes on the Bluff Small -Scale Comprehensive Plan Future Land Use Map 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 LOW DENSITY RESIDENTIAL TO COMMERCIAL FOR CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 4.29 ACRES LOCATED ON THE NORTH SIDE OF CLARCONA OCOEE ROAD, BEGINNING APPROXIMATELY 400 FEET EAST OF THE NORTH CLARKE ROAD AT CLARCONA OCOEE ROAD 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 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 properties located within the corporate limits of the City of Ocoee, Florida, assigned tax parcel identification numbers 33-21- 28-0000-00-023 and 04-22-28-0000-00-012, 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 properties 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, 20240572934 Page 2 of 5 September 10, 2024, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, October 1, 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. f / PASSED AND ADOPTED this / / � day of aGA) b-0- , 2024. Space intentionally left blank 20240572934 Page 3 of 5 ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 15 r day of C LLj � e (` , 2024. FIS :: 1 • 11 • By - City fz C,LA1-k S. [U-r APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnso , ayor ADVERTISED S 52024 READ FIRST TIME k7l 2024. READ SECOND TIME ADOPTED N'ko QY ,— 52024. UNDER AGENDA ITEM NO. cK 20240572934 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 33-21-28-0000-00-023 SW1/4 OF SE1/4 S & E OF RY IN SEC 33-21-28 (LESS COMM AT THE NE COR OF NE1/4 OF SEC 04-22- 28 TH S89-58-10W 1324.43 FT N00-11-07E 274.52 FT TO POB TH N66-41-47W 387.06 FT NELY 151.58 FT N21-09-58E 175.70 FT NELY 453.40 FT S00-11-07W 840.80 FT TO POB) & (LESS PT TAKEN FOR R/W 9244/2335) PARCEL ID NO.: 04-22-28-0000-00-012 N1/2 OF NW1/4 OF NE1/4 LYING BETWEEN HIWAY & RY IN SEC 04-22-28 20240572934 Page 5 of 5 EXHIBIT "B"