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HomeMy WebLinkAboutOrdinance 92-03 ORDINANCE NO. 92-03 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO COMPREHENSIVE PLAN VESTED RIGHTS; PROVIDING FOR AUTHORITY; ESTABLISHING FINDINGS AND DETERMINATIONS; PROVIDING FOR DEFINITIONS; RECOGNIZING THE EXISTENCE OF VESTED RIGHTS; PROVIDING FOR AN APPLICATION FOR VESTED RIGHTS DETERMINATION; PROVIDING FOR A PROCEDURE FOR DETERMINING VESTED RIGHTS; PROVIDING FOR HEALTH, SAFETY AND WELFARE CONSIDERATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. A new section 16 of Chapter III of Appendix "A" of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted and reads as follows: SECTION 16 COMPREHENSIVE PLAN VESTED RIGHTS Sec. 16-1. Authoritv. The City has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes. Sec. 16-2. Findinqs and Determinations. It is hereby found, determined and declared as follows: 1. Pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Part II, Chapter 163, Florida Statutes ("the Act"), the City of Ocoee is authorized and required to adopt a local comprehensive plan. 2. The City Commission of the City of Ocoee adopted a local comprehensive plan in accordance with the provisions of the Act on September 18, 1991 by adoption of Ordinance No. 91-28. 3. Under the provisions of the Act, in some circumstances development that was approved prior to the adoption of the comprehensive plan may be "vested" and not subject to the provisions of the comprehensive plan. 4. The City commission of the City of Ocoee deems it necessary under the authority thus granted to it to adopt and enforce vested rights regulations for all development subject to the jurisdiction of the City. Sec. 16-3. Definitions. As used herein, the following terms have the following meanings: 1. "Commenced development" means, for the purposes of this Ordinance, that the developer of a project received a final development order prior to adoption of the comprehensive plan. 2. "Comprehensive plan" means the City of Ocoee Comprehensive Plan as adopted on September 18, 1991 by adoption of Ordinance No. 91-28. (:AI. 3. "Continuing development in good faith" means that following the issuance of the final development order, the developer of a project diligently pursues the issuance of all permits necessary to begin development of the project, and once obtained, commences and proceeds with development (as defined in Sec. 16-3(4) below). Once development is commenced, no more than one hundred eighty (180) consecutive days may pass without the occurrence of development unless the developer can establish that the lapse was due to circumstances beyond his or her control. 4. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the di viding of land into two or more parcels. The following activities or uses shall be taken for the purposes of this Ordinance to involve "development" as defined in this Sub-section: (a) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land; (b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of business, manufacturing establishments, offices or dwelling units in a structure or on land; (c) Alteration of a shore or bank of a river, stream, lake, pond or canal; (d) Excavation on a parcel of land; (e) Demolition of a structure; (f) Clearing of land as an adjunct of construction; or (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. 5. "Director" means the planning director for the City of Ocoee or his or her designated representative. 6. "Final development order" means the approval by the City Commission of the final subdivision plan for a project or the building permit issued by the City for a project, whichever first occurs. Sec. 16-4. Existence of Vested Rights. Nothing in this Ordinance or the City of Ocoee Comprehensive Plan shall limit or modify the rights of any developer to complete a project that has been issued a final development order, commenced development, and is continuing development in good faith at the time of comprehensive plan adoption. Any such proj ect shall not be subj ect to the requirements of the comprehensive plan, including those requirements relating to concurrency. Instead, a vested project shall be subject to the land development regulations in existence at the time the project was issued a final development order. The development of a vested project must occur in a manner consistent with the final development order in order to maintain the vested status of the project. 2 Sec. 16-5. Ap~lication for Vested Riqhts Determination. 1. Application Period. The developer or owner of a project may request a determination of vested rights by filing a complete application and paying the applicable application fee on or before May 1, 1993. Failure to timely file a complete application and pay the applicable application fee within the prescribed time period will constitute a waiver of any vested rights claim for the project. 2. Contents of Application. contain the following information: The application shall (a) The name, address, and phone number of the applicant; (b) A legal description and survey of the property; (c) The name and address of each owner of the property; (d) Identification by specific reference to any ordinance, resolution, city commission action, approved final subdivision plan, building permit or other action demonstrating that the project was issued a final development order prior to adoption of the comprehensive plan; (e) A statement of facts demonstrating that development of the project has continued in good faith; and (f) Such other relevant information as the Director may request. 3. Application Submittal. The application and application fee shall be submitted to the Planning Department for the City of Ocoee. 4. Application Fee. Any application for a vested rights determination pursuant to this Ordinance shall be subject to the provisions of section 6-1 and 6-2 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, and for the purposes thereof the applicant shall pay the flat fee and the review deposit set forth therein. No application shall be accepted until the flat fee and the review deposit are paid to the city. The applicant shall pay to the city all review costs associated with the vested rights determination as provided in section 6-1 of Chapter 2 of Appendix A of the Code of Ordinances of the City of Ocoee. Sec. 16-6. Procedure for Determining Vested Riqhts. 1. Application Review. The Director shall review the application in consultation with the City Attorney and shall, within thirty (30) days after it is filed, determine if the application is complete. If it is not complete, the applicant shall be granted ten (10) days to provide additional information to make the application complete. 2. Vested Riqhts Determination. It shall be the applicant's burden to establish the existence of vested rights. Following receipt of a complete application, if the applicant does not request the opportunity to present additional evidence to the Director, the Director shall issue a written vested rights determination within sixty (60) days. The determination shall be reviewed and approved by the city Attorney as to form and legality. The applicant may request the opportunity to present additional evidence to the Director, and any such request shall be granted. The 3 Director, in consultation with the city Attorney, may conduct a hearing to evaluate the applicant's evidence, and may require that all testimony be submitted under oath. In the event a hearing is conducted, a recording or transcript of the hearing shall be made. within sixty (60) days following the conclusion of the hearing, the Director shall issue a written vested rights determination. The determination shall be reviewed and approved by the city Attorney as to form and legality. 3. Appeal of Determination. Any applicant may appeal to the City commission the Director's vested rights determination. The appeal shall be filed with the city Clerk within thirty (30) days following the rendering of the Director's determination. The City commission's review of the vested rights determination shall be based solely upon a review of the application and the evidence in support thereof submitted to the Director. The City commission shall take final action on the appeal within sixty (60) days from the date the appeal is filed with the City Clerk. The decision of the City commission shall be final, subject to judicial review. 4. Judicial Review. Judicial review of the vested rights determination made by the City commission is available and shall be by common-law certiorari to the circuit court. Sec. 16-7. Health, Safety, and Welfare considerations. Nothing contained herein shall preclude the City of Ocoee from requiring a project to comply with any land development regulations adopted subsequent to the issuance of the final development order if the city commission deems such compliance necessary to protect the health, safety, and welfare of the citizens of Ocoee. SECTION TWO. 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 THREE. 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. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. 4 PASSED AND ADOPTED this ,.J c:l1 - day of A fJ./L , 1992. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ( SEAL) ADVERTISED March 31 & April Hi 1992 READ FIRST TIME April 7 , 1992 READ SECOND TIME AND ADOPTED ApA.I.L 2. \ , 1992. FOLEY RELIANCE ONLY BY OCOEE, FLORIDA. TO FORM A~ L~ALITY DAY OF . )(1 / ' 1992. t . LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON F\ P R..:t L 2. I , 1992 UNDER AGENDA ITEM NO. "![ ~ FOR USE AND THE CITY OF APPROV~IAS THIS . By C:\WP51 \DOCS\OCOEIVESfORD: 4121921 18W015 : PER:jlh(3) 5