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2017-013 Amending the Comprehensive Plan (EAR) - This Ordinance has been Rescinded THIS ORDINANCE HAS BEEN RESCINDED ORDINANCE NO. 2017-013 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, FOR THE PURPOSE OF ADOPTING LARGE SCALE TEXT AMENDMENTS TO THE CITY OF OCOEE COMPREHENSIVE PLAN BASED ON THE RECOMMENDATIONS SET FORTH IN THE EVALUATION AND APPRAISAL REPORT (EAR); PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (City) has adopted the City's Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy Act (the "Act"); and WHEREAS, the Florida Department of Community Affairs, now known as the Florida Department of Economic Opportunity, has previously determined that the City's Comprehensive Plan is in compliance with the Act; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency (LPA) conducted a public hearing on January 31, 2017, to consider amendments to the text of the City's Comprehensive Plan that are necessary as a result of the Evaluation and Appraisal Report (EAR); and WHEREAS, following the public hearing, the LPA recommended those amendments to the City's Comprehensive Plan that are set forth in Exhibit "A", which is attached hereto and by this reference made a part hereof; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on April 4, 2017, the City Commission conducted a public hearing to consider the transmittal of the amendments to the City's Comprehensive Plan and, after consideration of public comments, authorized its transmittal pursuant to Section 163.3184(4)(b), Florida Statutes. 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. Amendments to Comprehensive Plan. The City's Comprehensive Plan is hereby amended as set forth in "Exhibit A", which is attached hereto and by this reference made a part hereof. Section 4. Transmittal. The City Clerk is hereby directed to transmit the required copies of the amendments to the City's Comprehensive Plan to the Florida Department of Economic Opportunity and all other parties as required pursuant to Section 163.3184(4)(b), Florida Statutes. Section 5. 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 6. Effective Date. This Ordinance shall become effective pursuant to Section 163.3184(4)(e)5., Florida Statutes. PASSED and ADOPTED on this day of , 2017. APPROVED: CITY OF OCOEE, FLORIDA ATTEST: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED AND READ FIRST TIME , 2017. READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY , 2017 UNDER THE CITY OF OCOEE, FLORIDA; AGENDA ITEM NO. APPROVED AS TO FORM AND LEGALITY this day of , 2017. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney