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HomeMy WebLinkAboutVI (A) 1. Ordinance No. 99-01, Establishing Procedures to Obtain Conceptual Approvals within Special Overlay Areas, Land Development Code Amendment 1) Resolution No 99-02 2) Resolution No 99-03 Agenda 1-05-99 Item VIA 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" -I�TYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee o` CITY OF OCOEEOMMISSIONERS DCANNYHOWELL SCOTT ANDERSON .. 17:1;t4_ • 150 N.LAKESHORE DRIVE Co / p OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS Coo ,cl>r) „it (407)656-2322NANCY J.PARKER 'yjf�,11AN CITY MANAGER OF GOOD ELLIS SHAPIRO STAFF REPORT DATE: December 9, 1998 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Principal Planner Je THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Ordinance No 99-01: Special Overlay Area Conceptual Approval Procedures ISSUE: Should the Honorable Mayor and City Commissioners adopt Ordinance Number 99-01 establishing a procedure for obtaining conceptual approvals within Special Overlay Areas? BACKGROUND: Recently, the City Commission adopted Ordinance #98-12 enacting the State Road 50 Activity Center Special Development Plan. The Special Development Plan encourages developers to propose innovative development concepts that may include mixed- or multi-use projects and requests for major waivers. As Staff has begun to implement the State Road 50 Activity Center Special Development Plan, we have determined that in certain instances that it may be appropriate for a development proposal to be reviewed by the Planning and Zoning Commission and City Commission prior to final design. If approved, the draft Ordinance would affect properties located within the State Road 50 Activity Center Special Overlay Area as well as properties within any other Special Overlay Area (Activity Centers, Interchange Impact Areas, and the Downtown Redevelopment Area). DISCUSSION: After carefully considering the issues, Staff has drafted an Ordinance that would permit a developer to seek permission to proceed with a specific development program prior to the expenditure of significant time, money, and resources. The Ordinance has been drafted so that the City Commission could decide on a site specific basis, totally at their discretion, whether or not to allow a proposed use or grant a major waiver. "Proposed use” is any use that is not specifically allowed by the underlying zoning district and future land use designation. "Major waiver" is defined as any waiver from a standard Land Development Code or special development plan requirement which would reduce the standard requirement by 50% or more or any other waiver determined by Staff to be of a substantial nature. To apply, an applicant would be required to submit a bubble plan depicting the proposed uses and major waivers. There will be no automatic or Staff level approvals of proposed uses and major waivers. In order to be approved, a project would have to be approved by the Planning and Zoning Commission and City Commission at an advertised public hearing. d1- Staff Report to the Honorable Mayor and City Commissioners Subject: Special Overlay Area Conceptual Approval Procedures December 9, 1998 Page 2 By utilizing this approach, both Staff and the developer will be given clear direction at the initiation of a project to know how to proceed with the more detailed review process. It should be understood that once the City Commission gives approval for a proposed use or major waiver, the developer has the legal right to rely on that action relative to future City approvals. For example, if the City approved a mixed land use of apartments and offices and allowed less parking spaces than normally required, then the City Commission would be required to accept this development approach as part of the final plan for the project, assuming all other Land Development Code requirements are met. PLANNING AND ZONING COMMISSION RECOMMENDATION: On December 8, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the proposed Ordinance. The Planning and Zoning Commission Members said that they were glad that they would have an opportunity to review requests for proposed uses and major waivers early in the process. After a brief discussion, the Planning and Zoning Commission voted unanimously to recommend approval of Ordinance 99-01. STAFF RECOMMENDATION: Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number 99-01 establishing a procedure for obtaining conceptual approvals within Special Overlay Areas. Attachment: Ordinance Number 99-01 \\GIS_DOC1\PLANNING\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98071.Doc ORDINANCE NO. 99-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SPECIAL OVERLAY AREAS; AMENDING PROVISIONS OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY REVISING SECTION 4-6.C. OF ARTICLE IV TO ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL APPROVALS OF PROPOSED USES AND MAJOR WAIVERS FOR DEVELOPMENT WITHIN SPECIAL OVERLAY AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to establish procedures to obtain conceptual approval of proposed uses and Major Waivers within Special Overlay Areas; and WHEREAS, the City Commission desires to promote innovative development within Special Overlay Areas; and WHEREAS, the City Commission desires to give conceptual approval to prevent the needless expenditure of time, money, and resources on the review of unacceptable development projects. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 Chapter 166, Florida Statutes. SECTION 2. Conceptual Approval Procedures. Section 4-6.C. of Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to include the following provisions for obtaining conceptual approval of requests to permit uses which are not specifically permitted and major waivers which are not otherwise permitted: (4) The provisions of this section are intended to establish procedures by which an applicant may obtain conceptual approval. This procedure will be available only if the proposed uses generate impacts of equal or lesser intensity than the uses permitted in the underlying zoning district. The proposed uses do not need to be specifically permitted with the underlying zoning district in order to be approved pursuant to this section. a) Prior to submitting an Application for Conceptual Approval, the applicant will be required to hold a pre-application conference with the Development Review 006.107773.4 -1- Committee. The applicant may meet informally with Planning Department staff prior to holding a formal pre-application conference. b) Following the Pre-Application Conference, the applicant may submit an Application for Conceptual Approval. The Application must include a bubble plan showing the proposed uses and major waivers on the property which is the subject of the Application. For purposes of this section, a major waiver is any waiver from a standard Land Development Code requirement within a Special Overlay Area which would reduce the standard requirement by 50% or more, or any other waiver determined by the Director of Planning to be of a substantial nature. A bubble plan will have substantially less detail than a preliminary site plan and does not require engineering detail. The bubble plan is submitted for informational purposes only and approval of the proposed uses will not constitute approval of the bubble plan or impose on the City any obligation to approve a subdivision or site plan consistent with the bubble plan. c) Following receipt of the Application, review will be undertaken by City staff. The Development Review Committee will then meet and make a recommendation. d) Advertised public hearings before the Planning and Zoning Commission and the City Commission will be held to consider the Application. Procedures similar to those applicable to special exceptions will be followed. e) In the event the Application is approved by the City Commission, the following conditions and limitations will be applicable: 1. The approval will only approve the proposed uses and major waivers and not the bubble plan. The City will have the right to disapprove the proposed uses and waivers in connection with its review of a preliminary subdivision or site plan if such plan is inconsistent with the bubble plan submitted with the Application or any other condition of the City approval. 2. The approval will be subject to the approval of a preliminary and final subdivision and site plan acceptable to the City Commission and in compliance with the requirements of the Land Development Code, including those regulations related to Special Overlay Areas and the special development plan and access management plan applicable therein. 3. The applicant will be required to submit a preliminary site plan and, if applicable, a preliminary subdivision plan, within 90 days from the date of approval. The approval will expire if such plan is not submitted; provided, however, that the City Commission may grant an extension of this deadline. -2- 006.107773.4 4. The approval granted by the City Commission will be valid for one year. In the event such plan has not been approved within one year from the date of approval, then the City Commission approval pursuant to this section will automatically terminate unless extended by the City Commission. 5. The applicant will be required to maintain an active application for such plan approval and to proceed in good faith to seek final approval of any such plan. 6. Approval of the Application shall not be considered approval of the bubble plan. The bubble plan is conceptual only and its submittal with the Application will not be construed as an approval of the bubble plan or impose any obligation on the City to approve a subdivision or site plan consistent with the bubble plan. 7. The applicant shall be entitled to develop the property consistent with the Application if it complies with the conditions of approval with respect thereto and all other applicable provisions of the Land Development Code. 8. The City Commission may impose such additional conditions of approval as it deems appropriate. f) The following form will be added to the Land Development Code forms: "Application for Conceptual Approval". (It is anticipated that the application form will be similar to the form currently utilized for Special Exceptions.) An Application Review Fee and Review Deposit will be established and the applicant will be required to pay a Flat Fee plus all Review Costs. SECTION 3. 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 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 006.107773.4 -3- • SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED Dec. 3 & 24 , 1998 READ FIRST TIME December 15 , 1998 READ SECOND TIME AND ADOPTED , 1998 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY This day of , 1998. FOLEY & LARDNER By: City Attorney 006.107773.4 1-6 The Orlando Sentinel,Thursday,Dsambei 3,1008 DR1 CITY OF OCOEE " NOTICE OF AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE • TO ESTABLISH PROCEDURES FOR OBTAINING CONCEPTUAL APPROVALS, USES,AND MAJOR WAIVERS WITHIN SPECIAL OVERLAY AREAS NOTICE IS HEREBY GIVEN,pursuant to Sections 1-10 and 5-9 of the Ocoee Land Development Code and Chapter 166.041,Florida Statutes, that the Ocoee City Commission proposes to,'adopt the following ordinance: . i • AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA, RELATING TO SPECIAL OVERLAY AREAS;AMENDING PROVISIONS OF CHAPTER 180 OF THE CODE OF .,. ORDINANCES OF THE CITY OF OCOEE,FLORIDA BY REVISING SECTION 4-6 C., OF ARTICLE IV TO ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL • APPROVALS OF PROPOSED USES AND MAJOR WAIVERS FOR DEVELOPMENT WITHIN SPECIAL OVERLAY PROVIDING FOR SEVERABILITY;CODICATIONPROV PROVIDING N EFFECTIVE DATE. • A map depicting the affected areas is included below: City of Ocoee,Florida :�! !ilk* /x.41,ilk* Ya ��11,, g,IN • 11111111F50 A!!�t�r�'•fnf fie Alidtwr, P, .e1r- ti Tit I.. Legend: The proposed Ordinance would amend Section 4 6 C.of the Ocoee Land Development Code to include provisions for obtaining conceptual approvals for requests to permit uses which are not specifically listed and for major waivers that are not otherwise permitted.The proposed amendment will affect properties located within Ocoee's Special Overlay Areas (the Downtown Redevelopment Area, Activity Centers,and Interchange Impact Areas). The Ocoee City Commission will hold the first of two public hearings concerning the proposed Ordinance on Tuesday.December 15,1998 at 7:15 p.m., or as soon thereafter as practical, and the second of two public hearings on.Tuesday,January 5, 1999 at 7:30 p.m.,or as soon thereafter as practical,at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida. The City Commission may continue the public hearing to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times,and places of any continuation of this or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Ordinance may be inspected by the public at the Ocoee Planning Department,150 North Lakeshore Drive,Ocoee,Florida, between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday, except legal holidays.Interested parties may appear at the public hearing and be heard with respect to the proposed Ordinance.Any person wishing to appeal any decision made with respect to any matter considered at the public hearing may need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based.Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)656-2322. Jean Grafton,City Clerk December 3,1998 and December',24,1998 ORI The Orlando Sentinel,Thursday,December 24,1998 1-5 . CITY OF OCOEE NOTICE OF AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE TO ESTABLISH PROCEDURES FOR OBTAINING CONCEPTUAL APPROVALS, USES,AND MAJOR WAIVERS WITHIN SPECIAL OVERLAY AREAS NOTICE IS HEREBY GIVEN,pursuant to Sections 1-10 and 5-9 of the Ocoee Land Development Code and Chapter 166.041, Florida Statutes, that the Ocoee City Commission proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA, RELATING TO SPECIAL OVERLAY AREAS;AMENDING PROVISIONS OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE,FLORIDA BY REVISING SECTION 4-6 C., OF ARTICLE IV TO ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL APPROVALS OF PROPOSED USES AND MAJOR • WAIVERS FOR DEVELOPMENT WITHIN SPECIAL OVERLAY AREAS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. A map depicting the affected areas is included below: City of Ocoee,Florida /Oar li I' I- ys rl flr,,,1,ni�J`� I- l ;..4 5;.4A-- .`G1s.:.e I 1 n1ri A • a•. .'G �" c\: p 4 ii e r )F�Lt . Legend, 1=1 ON.ON LYNN N/r.o.Naw..,.,-YN,-q A_. .,s. N The proposed Ordinance would amend Section 4 6 C.of the Ocoee Land Development Code to include provisions for obtaining conceptual approvals for requests to permit uses which are not specifically listed and for major waivers that are not otherwise permitted.The proposed amendment will affect properties located within Ocoee's Special Overlay Areas (the Downtown Redevelopment Area, Activity Centers,and Interchange Impact Areas). The Ocoee City Commission will hold the first of two public hearings concerning the proposed Ordinance on Tuesday. December 15, 1998 at 7:15 p.m., or as soon thereafter as practical, and the second of two public hearings on Tuesday, January 5, 1999 at.7;30 p.m., or as soon thereafter as practical, at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida. The City Commission may continue the public hearing to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times,and places of any continuation of this or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Ordinance may be inspected by the public at the Ocoee Planning Department,150 North Lakeshore Drive,Ocoee,Florida, between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday, except legal holidays.Interested parties may appear at the public hearing and be heard with respect to the proposed Ordinance.Any person wishing to appeal any decision made with respect to any matter considered at the public hearing will need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based.Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)656-2322. Jean Grafton,City Clerk, December 3,1998 and December 24,1998 Agenda 1-05-99 Item VI A 1 a & b "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT O` Ocoee ' COMMISSIONERS CITY OF OCOEE DANNY HOWELL 4l<j SCOTT ANDERSON "r 150 N.LAKESHORE DRIVE SCOTT A.GLASS Co o�"`������ OCOEE,FLORIDA 34761-2258 NANCY J.PARKER c�, �� (407)656-2322 yjf�`�` /``� CITY MANAGER �E GOO ELLIS SHAPIRO MEMORANDUM DATE: December 31, 1998 TO: The Honorable Mayor and City Commissioners FROM: Russell B. Wagner, AICP, Director of Planning SUBJ: Resolution No. 99-02 -Additional Land Development Code Form Resolution No. 99-03 - Establishing Additional Flat Fee and Deposit The two subject resolutions relate to the enactment of Ordinance No. 99-01: Special Overlay Area Conceptual Approval Procedures. These resolutions create a new application form (Form 30), application fee ($750.00) and application review deposit ($1,000.00) consistent with other City development project forms and fees. RBW/csa P:\CALEXANDERWLL DATA\CAPDFILEWIemorandums\MFP98338.doc RESOLUTION NO. 99-02 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ADOPTING AN ADDITIONAL FORM FOR THE IMPLEMENTATION OF THE LAND DEVELOPMENT CODE PURSUANT TO SECTION 1-13 OF CHAPTER 180 OF THE OCOEE CITY CODE; PROVIDING THAT THIS RESOLUTION IS SUPPLEMENTAL TO PREVIOUS RESOLUTIONS ADOPTING LAND DEVELOPMENT CODE FORMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1-13 of Chapter 180 of the Code of Ordinances for the City of Ocoee authorizes the City Commission of the City of Ocoee to from time to time adopt by resolution forms for the implementation of the Land Development Code; and WHEREAS, a form for the implementation of the Land Development Code has been prepared by the staff of the City of Ocoee, and the City Commission of the City of Ocoee, after reviewing the form, desires to adopt and approve such form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 1-13 of Chapter 180 of Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes. SECTION TWO. Additional Land Development Code Form. The City Commission of the City of Ocoee hereby adopts and approves the additional CITY OF OCOEE 006.120529.1 LAND DEVELOPMENT CODE FORM as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION THREE. Resolution Supplemental. This Resolution is supplemental to Resolution Nos. 92-12, 92-18, and all resolutions adopting Land Development Code Forms which may have heretofore been or may be hereafter adopted by the City Commission of the City of Ocoee. SECTION FOUR. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 FIVE. Conflicts. All resolutions, parts of resolutions, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION SIX. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of , 1999. -2- 006.120529.1 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND UNDER AGENDA ITEM NO. LEGALITY THIS DAY OF , 1999. FOLEY & LARDNER By: City Attorney -3- 006.120529.1 EXHIBIT "A" TABLE OF FORMS FORM NO. TITLE NO. OF PAGES 30 Application for Conceptual Approval within Special Overlay 6 Area Consistent with the Adopted Special Development Plan -4- 006.120529.1 RESOLUTION NO. 99-03 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF FLAT FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF REVIEW DEPOSITS; PROVIDING FOR CERTAIN APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS; DESIGNATING ADDITIONAL APPLICATIONS SUBJECT TO THE PAYMENT OF DEVELOPMENT REVIEW FEES; PROVIDING THAT THIS RESOLUTION IS SUPPLEMENTAL TO PREVIOUS RESOLUTIONS; ESTABLISHING A SCHEDULE OF FLAT FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1-12 of Chapter 180 of Code of Ordinances of the City of Ocoee authorizes the City Commission of the City of Ocoee to from time to time adopt by resolution a Schedule of Flat Fees, a Schedule of Review Deposits, and a listing of those Applications for which the Flat Fee includes all Review Costs; and WHEREAS, the City staff has presented to the City Commission a report setting forth the estimated average cost of reviewing the Applications which are the subject of this Resolution; and WHEREAS, the Flat Fees and Review Deposits relating to the review of Applications as set forth in this Resolution are an accurate method of assessing the costs of development review functions and ensuring payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 1-12 of Chapter 180 of 006.121871.1 Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Definitions. All terms used in this Resolution shall be construed in accordance with the definitions set forth in Section 1-12.A of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION THREE. Additional Schedule of Flat Fees. The City Commission of the City of Ocoee hereby adopts and approves the ADDITIONAL SCHEDULE OF FLAT FEES as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION FOUR. Additional Schedule of Review Deposits. The City Commission of the City of Ocoee hereby adopts and approves the ADDITIONAL SCHEDULE OF REVIEW DEPOSITS as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The Additional Schedule of Review Deposits shall be subject to upward adjustment: (1) by the City Manager or his designee on a case-by-case basis in accordance with the procedures set forth in Section 1-12.D(1) of Chapter 180 of the Code of Ordinances of the City of Ocoee, and (2) by the City Finance Manager in the circumstances set forth in Section 1-12.D(3) of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION FIVE. Applications for Which the Flat Fee Includes All Review Costs. Pursuant to the provisions of Section 12-1.C(2) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those Applications set forth in Exhibit "C" attached hereto and by this reference made a part hereof as applications for which Review Deposits are not 2 006.121871.1 required and for which the City Attorney, legal, consultants, and engineering fees and costs incurred by the City are included within the Flat Fee. SECTION SIX. Applications for Which Review Deposits are Required. With respect to those Applications set forth in Exhibit "D" attached hereto, a Review Deposit shall be paid in accordance with the Schedule of Review Deposits as set forth in Exhibit "B" hereto and the Applicant shall be required to pay the applicable Flat Fee and all Review Costs associated with such Applications. SECTION SEVEN. Designation of Additional Applications Subject to the Payment of Development Review Fees. Pursuant to Section 1-12.A(2) (xiv) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those Applications listed on Exhibit "A" hereto as additional Applications within the scope of and subject to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION EIGHT. Supplemental to Previous Resolutions. This Resolution is supplemental to Resolution Nos. 92-11, 92-19, and any other resolutions which have heretofore been or may from time to time hereafter be adopted by the City Commission of the City of Ocoee pursuant to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION NINE. Conflicts. All resolutions, parts of resolutions, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION TEN. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional 3 006.121871.1 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 hereof. SECTION ELEVEN. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1999. APPROVED: CITY OF OCOEE, FLORIDA ATTEST: S. SCOTT VANDERGRIFT, Mayor JEAN GRAFTON, City Clerk (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE. COMMISSION UNDER AGENDA APPROVED AS TO FORM AND ITEM NO. LEGALITY THIS DAY OF FOLEY & LARDNER By: City Attorney 4 006.121871.1 EXHIBIT "A" FLAT FEE SCHEDULE' APPLICATION FLAT FEE Application for Conceptual Approval within Special Overlay Areas Consistent with the Adopted Special Development Plan $750.00 ' NOTES: (1) Except for those Applications set forth on Exhibit "C" to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with such Application. 5 006.121871.1 EXHIBIT "B" SCHEDULE OF REVIEW DEPOSITS 2 APPLICATION REVIEW DEPOSIT Application for Conceptual Approval within Special Overlay Areas Consistent with the Adopted Special Development Plan $1,000.00 2NOTES: (1) Except for those Applications set forth on Exhibit "C" to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with such Application. (2) The Review Deposit set forth above shall not be required if the Applicant currently has a Review Deposit on account with the City in connection with the Project which is the subject of the Application. 6 006.121871.1 EXHIBIT "C" LISTING OF APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS3 NONE 3 NOTES: (1) Except for those Applications listed on this Exhibit "C", the Applicant shall be required to pay: (a) a Flat Fee in accordance with the Flat Fee Schedule Set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with the Application. 7 006.121871.1 EXHIBIT "D" LISTING OF APPLICATIONS SUBJECT TO PAYMENT OF FLAT FEE, REVIEW DEPOSIT AND ALL REVIEW COSTS Application for Conceptual Approval within Special Overlay Areas Consistent with the Adopted Special Development Plan 8 006.121871.1 CITY OF OCOEE APPLICATION FOR CONCEPTUAL APPROVAL WITHIN SPECIAL OVERLAY AREAS CONSISTENT WITH THE ADOPTED SPECIAL DEVELOPMENT PLAN THIS SPACE FOR PROJECT NO. CITY USE ONLY FLAT FEE REVIEW DEPOSIT DATE RECEIVED DATE PAID CASE NO. RECEIPT NO. 1. APPLICATION FEES: APPLICATION FEES Application for Conceptual Approval within Special Overlay Areas $ 750.00(1),(2),(3) NOTES: A separate application and fee will be submitted for each non-contiguous parcel or for contiguous parcels held under separate ownership. Application fees are non-refundable. Please refer to Section 1-12 of the Land Development Code. (1) If the requested action is determined to be inconsistent with the Ocoee Comprehensive Plan or Joint Planning Area Agreement,then the Applicant must also apply for a Comprehensive Plan Amendment and/or Joint Planning Area Amendment and pay the applicable fees in connection with such applications. (2) If the City,in its sole discretion,determines that a Developer Agreement is required,then the Applicant shall pay the indicated Flat Fee for an"Developer Agreement"which will be in addition to Flat Fee associated with the conceptual approval application. (3) Applicant shall pay such additional Development Review Fees as may be required by Ordinance No.92-15 and Resolution No.92-11. 2. DESCRIBE ACTION REQUESTED(BE SPECIFIC AND ATTACH ADDITIONAL SHEETS, IF NECESSARY): 3. PROJECT NAME, IF APPLICABLE: 1 A:\SOACONCEPTUALAPP.DOC CITY OF OCOEE APPLICATION FOR CONCEPTUAL APPROVAL WITHIN SPECIAL OVERLAY AREAS CONSISTENT WITH THE ADOPTED SPECIAL DEVELOPMENT PLAN 4. APPLICANTS NAME: APPLICANTS MAILING ADDRESS: TELEPHONE NUMBER: FACSIMILE NUMBER: 5. NAME OF OWNER OF RECORD: OWNER'S MAILING ADDRESS: (If more than one,please attach additional sheets) 6. PROPERTY LOCATION: A. ADDRESS OF PROPERTY: B. LEGAL DESCRIPTION: THE LEGAL DESCRIPTION MUST BE SUBMITTED WITH THIS APPLICATION. ADDITIONALLY, THE APPLICANT MUST PROVIDE THREE (3) EXECUTED, SURVEYS OR A SKETCH OF DESCRIPTION OF THE SUBJECT PARCEL. ATTACH SURVEY OR SKETCH WITH FULL LEGAL DESCRIPTION AS EXHIBIT"A". C. ACREAGE: D. PROPERTY TAX ID.NO(S): 7. DEVELOPMENT HISTORY: A. PRESENT ZONING: B. PRESENT DESIGNATION ON OCOEE FUTURE LAND USE MAP: C. DEVELOPMENT HISTORY/OTHER INFORMATION: 2 A:\SOACONCEPTUALAPP.DOC CITY OF OCOEE APPLICATION FOR CONCEPTUAL APPROVAL WITHIN SPECIAL OVERLAY AREAS CONSISTENT WITH THE ADOPTED SPECIAL DEVELOPMENT PLAN 8. NUMBER OF EXISTING BUILDINGS AND EXISTING USE OF THE SUBJECT PARCEL: 9. BRIEFLY ADDRESS THE FOLLOWING: A. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION/CHANGE: B. THE EFFECT OF THE REQUESTED ACTION, IF ANY,ON SURROUNDING PROPERTIES: 10. APPLICANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES AND MAILING ADDRESSES FOR ALL PROPERTY LYING WITHIN THREE HUNDRED (300) FEET OF THE PERIMETER OF THE SUBJECT PROPERTY, PER THE LATEST ORANGE COUNTY PROPERTY APPRAISERS AD VALOREM TAX ROLL. FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE THE SUBMITTED APPLICATION TO BE DENIED. 11. APPLICANT SHALL SUBMIT A CITY OF OCOEE OWNER'S AFFIDAVIT WITH APPLICATION. 12. APPLICANT MAY SUBMIT ANY ADDITIONAL INFORMATION RELEVANT TO THE REVIEW OF THE APPLICATION. LIST ADDITIONAL INFORMATION ATTACHED: INCOMPLETE APPLICATIONS WILL BE DEEMED INSUFFICIENT AND MAY BE REJECTED WITHOUT REFUND OF THE APPLICATION FEE. THE CITY MAY REQUIRE ADDITIONAL INFORMATION IF IN THE CITY'S SOLE DISCRETION ADDITIONAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, TRAFFIC STUDIES) IS NEEDED IN ORDER TO EVALUATE THE APPLICATION FOR COMPLIANCE WITH THE OCOEE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE. I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AT THE TIME OF APPLICATION: APPLICANT DATE 3 A:ISOACONCEPTUALAPP.DOC CITY OF OCOEE APPLICATION FOR CONCEPTUAL APPROVAL WITHIN SPECIAL OVERLAY AREAS CONSISTENT WITH THE ADOPTED SPECIAL DEVELOPMENT PLAN CITY OF OCOEE, FLORIDA OWNER'S AFFIDAVIT STATE OF COUNTY OF Before me,the undersigned personally appeared who being first duly sworn on oath,depose(s)and say(s): 1. That they are the fee-simple owner(s)of the property legally described in this application and that the attached ownership list is made a part of the affidavit and contains the legal description(s)for the real property, and the names and mailing addresses of all owners having an interest in said land. 2. That they desire conceptual approval for 3. That they have appointed (specify applicant's name)to act as the Owner's Authorized Agent to represent the Owner in connection with the proposed action and the real property described in this application. 4. That they agree to be bound by the actions of the Owner's Authorized Agent designated in Paragraph 3 above and the Ocoee Land Development Code. 5. That they affirm, certify and will comply with all ordinances, regulations and provisions of the City Code of the City of Ocoee,and that all statements and diagrams submitted herewith are true and accurate to the best of their knowledge and belief and further,that this application and attachments shall become part of the official records of the City of Ocoee,and are not returnable. 6. That the accompanying adjacent property owners list is,to the best of their knowledge,a complete and accurate list of the owners names and mailing addresses for all property lying within three hundred(300)feet of the perimeter of the subject parcel, as recorded on the latest official Orange County Tax Rolls. 7. That prior to the public hearing, if applicable, signs will be prominently posted on the subject parcel before the application will be considered by the Planning and Zoning Commission, and will remain posted until final determination, after which time the notices are to be removed and destroyed. Owner(s)of Record of the Subject Property Please Sign Below: Owner's Signature Print Owner's Name: Print Owner's Corporate Title: Print Company Name: Sworn to and subscribed before me this day of , 19 ,by ,who is personally know to me or who produced as identification,and who took an oath. Notary Public Print Name: My commission expires: 4 A:ISOACONCEPTUALAPP.DOC CITY OF OCOEE APPLICATION FOR CONCEPTUAL APPROVAL WITHIN SPECIAL OVERLAY AREAS CONSISTENT WITH THE ADOPTED SPECIAL DEVELOPMENT PLAN Owner(s)of Record of the Subject Property Please Sign Below: Owner's Signature Print Owner's Name: Print Owner's Corporate Title: Print Company Name: Sworn to and subscribed before me this day of , 19_,by ,who is personally know to me or who produced as identification,and who took an oath. Notary Public Print Name: My commission expires: Owner(s)of Record of the Subject Property Please Sign Below: Owner's Signature Print Owner's Name: Print Owner's Corporate Title: Print Company Name: Sworn to and subscribed before me this day of , 19_,by ,who is personally know to me or who produced as identification,and who took an oath. Notary Public Print Name: My commission expires: 5 A:ISOACONCEPTUALAPP.DOC CITY OF OCOEE APPLICATION FOR CONCEPTUAL APPROVAL WITHIN SPECIAL OVERLAY AREAS CONSISTENT WITH THE ADOPTED SPECIAL DEVELOPMENT PLAN LIST OF OWNER'S OF RECORD (OF THE SUBJECT PROPERTY): OWNER'S NAME: OWNERSHIP INTEREST: MAILING ADDRESS: LEGAL DESCRIPTION: OWNER'S NAME: OWNERSHIP INTEREST: MAILING ADDRESS: LEGAL DESCRIPTION: OWNER'S NAME: OWNERSHIP INTEREST: MAILING ADDRESS: LEGAL DESCRIPTION: 6 A:\SOACONCEPTUALAPP.DOC