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2021-056 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) X o _U N 3 N (D 0 o O (D N a C) (D N *k TAX PARCEL ID: 17-22-28-2873-00-020 0 D N N CD_ _ �o0 <0 7 Q X 0 A CASE NO. RZ-21-08-28: 113 W Oaldand Avenue — Aplausos LLC Rezoning X O T o o J o X� 14 r 3 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING o t� (5 o o w THE ZONING CLASSIFICATION FROM R-1AA (SINGLE FAMILY o v DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL cc DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING o 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 20210679693 Page 3 of 5 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 20210679693 Page 5 of 5 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