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HomeMy WebLinkAboutItem 14 Second Reading of Ordinance for a Temporary Six (6) Month Moratorium on the Processing and Consideration of Development Approvals City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: September 17, 2024 Item #: 14 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Craig Shadrix Subject: Second Reading of Ordinance for a Temporary Six (6) Month Moratorium on the Processing and Consideration of Development Approvals. (Acting Assistant City Manager Rumer) Background Summary: First reading of Ordinance was held on August 20, 2024. City staff is in the process of evaluating and rewriting the city’s Land Development Code (LDC) and rewriting the Comprehensive Plan to a 2045 planning horizon, to reflect the vision that has been articulated by the City Commission and citizens of Ocoee. Each of these, individually, presents a monumental challenge for staff with far-reaching impacts for the next 20 years. Both documents, as adopted, last underwent major revisions in the late 1990s. Since these revisions in the late 1990s, the city has undertaken numerous studies and other public events whereby Commission and citizen input has been solicited. These events included: the CRA Target Area hearings in 2008, Downtown Master Plan workshops in 2016, SR 429 Overlay Character Areas in 2019, Downtown Workshop in 2023, Ocoee Music Festivals, Best Fests, and more recently, comments and direction from Commissioners and citizens on recent denials of development applications. During this period of evaluation and rewrite, city staff recommends a six (6) month moratorium be established on the acceptance, processing, and consideration of applications for map amendments, rezoning & special exceptions, and site and subdivision plan reviews, concerning properties located within the city limits. This proposed development moratorium is a temporary halt or suspension of new construction or development projects. The objective of a development moratorium is to provide time for staff to focus on writing standards that will improve the city’s place-making standards and to develop context-based development regulations so that architecture of buildings, placement and context of streets, frontages, and other infrastructure reflect the vision as stated by the Commission and citizens on numerous occasions before allowing new developments to proceed. During this moratorium, existing projects may continue, but no new applications for development permits are processed. If the moratorium is not approved, new development proposals would be subject to the current LDC and Comprehensive Plan rules and regulations, irrespective of the imminent approval of new regulations. If the ordinance is approved, the moratorium will expire on March 17, 2025, unless terminated earlier or extended by action of the City Commission. Issue: Should the Honorable Mayor and City Commissioners approve an ordinance establishing a temporary moratorium on the acceptance, processing, and consideration of applications for map amendments, rezoning City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org & special exceptions, and site and subdivision plan reviews concerning properties located within the city limits? Recommendations: Planning & Zoning Commission (PZC) Recommendation The Planning and Zoning Commission met on Tuesday, September 10, 2024, and voted 4-0 with one member recusing from the vote to recommend approval of the ordinance. Staff Recommendation Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an ordinance establishing a temporary moratorium on the acceptance, processing, and consideration of applications for map amendments, rezoning & special exceptions, and site and subdivision plan reviews concerning properties located within the city limits. Attachments: 1. Development Moratorium Ordinance 2. Moratorium Ordinance Business Impact Analysis Financial Impacts: None Type of Item: Second Reading Public Hearing ORDINANCE NO. 24-_________________ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA IMPLEMENTING A MORATORIUM PROHIBITING THE PROCESSING AND CONSIDERATION OF CERTAIN COMPREHENSIVE PLAN TEXT AND MAP AMENDMENTS, REZONINGS, SPECIAL EXCEPTIONS, AND SITE PLAN AND SUBDIVISION PLAN REVIEWS AND APPROVALS, TO ALLOW THE PLANNING AND ZONING DIVISION TIME TO THOROUGHLY REVIEW, STUDY, AND PREPARE AMENDMENTS TO THE CITY OF OCOEE COMPREHENSIVE PLAN AND THE CITY OF OCOEE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 2 of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the “City”) enjoys all Home Rule governmental, corporate, and proprietary powers to conduct municipal government, perform municipal services, and exercise any power for municipal purposes except as otherwise provided by law, including police power and authority over land development and zoning; and WHEREAS, the City Commission has determined that land development and zoning regulations are in the best interest of the health, safety, and welfare of City’s residents, businesses, and visitors; and WHEREAS, the City adopted its original Comprehensive Plan in April 15, 1980, and original Land Development Code in July 21, 1992; and WHEREAS, the City’s Comprehensive Plan and Land Development Code guide decision- making by setting policies for future land use, development standards, transportation mobility, and public services; and 2 WHEREAS, the City has found a need to create a global vision for the development and redevelopment of properties located within the City to reflect the City’s growth and changing dynamics; and WHEREAS, the Planning and Zoning Division is in the process of evaluating the City’s Land Development Code and rewriting the Comprehensive Plan with a focus on elevating the City’s place-making standards and to develop context-based development regulations so that buildings, streets, frontages, and other infrastructure better reflect, and are more compatible with their intended settings; WHEREAS, the Planning and Zoning Division intends to present to the City Commission a proposed ordinance or ordinances that would amend the City’s Comprehensive Plan and Land Development Code, and may affect permitted uses, conditional uses, prohibited uses, land development standards, building design standards, and other development regulations governing properties within the City limits; and WHEREAS, the City wishes to place the public and all parties on notice of pending legislation to amend the City’s Comprehensive Plan and Land Development Code; and WHEREAS, the processing of applications to: (a) amend the Comprehensive Plan text or Future Land Use map; (b) to rezone land in the City; (c) to obtain a special exception allowing certain use(s) on land in the City; and (d) for preliminary or final site plan or subdivision approval consume enormous time and personnel resources of the Planning and Zoning Division such as to interfere with the Division’s ability to thoroughly review, study, and prepare recommended amendments to the Comprehensive Plan and Land Development Code; 3 WHEREAS, the Planning and Zoning Division reasonably requires at least six (6) months to thoroughly review, study, and prepare amendments to the City’s Comprehensive Plan and Land Development Code; WHEREAS, a moratorium temporarily suspending new applications to: (a) amend the Comprehensive Plan text or Future Land Use map; or (b) to rezone land in the City; or (c) to obtain a special exception allowing certain use(s) on land in the City; or (d) for preliminary or final site plan or subdivision approval, would be in the best interests of the health, safety and welfare of the citizens of the City, and would allow reasonable time for the Planning and Zoning Division’s review, study and preparation of amendments to the City’s Comprehensive Plan and Land Development Code, and for the City Commission’s consideration of such amendments; WHEREAS, the City Commission should reserve discretion to extend the moratorium up to several months, if the City Commission deems it reasonably necessary, upon approval of one or more Resolutions. NOW, THEREFORE BE IT ENACTED by the City Commission of the City of Ocoee that: SECTION 1: Incorporation of Recitals. The foregoing recitals are incorporated herein as if set forth at length. SECTION 2: Temporary Moratorium Suspending Application Processing. In order to give the Planning and Building Department reasonably sufficient time to thoroughly review, study and prepare amendments to the City’s Comprehensive Plan and Land Development Code, the City hereby imposes a six (6) month moratorium temporarily suspending new applications to: (a) amend the City’s Comprehensive Plan text or Future Land Use map; or (b) to rezone land in 4 the City; or (c) to obtain a special exception allowing certain use(s) on land in the City; (d) for preliminary or final site plan or subdivision approval in the City. During this moratorium, the City will not accept or process any new applications for any of the aforementioned land development approvals. SECTION 3.Extension of Moratorium. The City Commission may extend the moratorium on accepting and processing the aforementioned applications by up to an additional four (4) months upon passage of one or more Resolutions approving of such extension(s), if such extension(s) appear reasonably necessary. SECTION 4.Existing Applications. The moratorium shall not apply to the processing of any existing and pending application to: (a) amend the Comprehensive Plan text or Future Land Use map; or (b) to rezone land in the City; or (c) to obtain a special exception allowing certain use(s) on land in the City; or (d) for preliminary or final site plan or subdivision approval provided that the City’s Planning and Zoning Division has received such application prior to the effective date of this Ordinance. This moratorium shall not affect any business lawfully operating in the City pursuant to valid licenses, permits, and approvals if the existing business is compliant with all applicable Federal, State, County, and municipal code, ordinances, rules, regulations, and policies. Nor shall this moratorium affect any emergency approval of any part of a preliminary site plan or to otherwise permit drainage improvements, if required to protect persons or property from flooding or to otherwise protect the health and safety of persons or property. SECTION 5: Non-Codification. The provisions of this Ordinance shall not be included or incorporated into the City Code or Land Development Code. SECTION 6: Severability. The provisions of this Ordinance are declared to be severable and if any section, paragraph, sentence or word of this Ordinance, or if the application as to any 5 person or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If a court of competent jurisdiction finds that any part of this Ordinance is preempted or otherwise superseded, the remainder of this Ordinance shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 7: Effective Date. This Ordinance shall take effect immediately upon its passage and in accordance with Florida law. PASSED AND ADOPTED this _______ day of ____________________, 2024. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED _________________, 2024 READ FIRST TIME __________________, 2024. READ SECOND TIME AND ADOPTED ______________________________, 2024. UNDER AGENDA ITEM NO. __________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of _____________, 2024. By: ______________________________ Richard S. Geller City Attorney 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference:Ordinance No. 24- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA IMPLEMENTING A MORATORIUM PROHIBITING THE PROCESSING AND CONSIDERATION OF CERTAIN COMPREHENSIVE PLAN TEXT AND MAP AMENDMENTS, REZONINGS, SPECIAL EXCEPTIONS, AND SITE PLAN AND SUBDIVISION PLAN REVIEWS AND APPROVALS, TO ALLOW THE PLANNING AND ZONING DIVISION TIME TO THOROUGHLY REVIEW, STUDY, AND PREPARE AMENDMENTS TO THE CITY OF OCOEE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The purpose of this Ordinance is to allow time for the Planning and Zoning Division to reasonably review, study, and prepare amendments to the City’s Comprehensive Plan and Land Development Code. The City wishes to place the public and all parties on notice of pending legislation to amend the City’s Comprehensive Plan and Land Development Code which will focus on elevating the City’s place-making standards and to develop context-based development regulations so that buildings, streets, frontages, and other infrastructure better reflect, and are more compatible with their intended settings. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): The City has communicated to businesses and developers that the moratorium shall not apply to the processing of any existing and pending application to: (a) amend the Comprehensive Plan text or Future Land Use map; or (b) to rezone land in the City; or (c) to obtain a special exception allowing certain use(s) on land in the City; or (d) for preliminary or final site plan or subdivision approval provided that the City’s Planning and Zoning Division has received such application prior to the effective date of this Ordinance. This moratorium shall not affect any business lawfully operating in the City pursuant to valid licenses, permits, and approvals if the existing business is compliant with all applicable Federal, State, County, and municipal code, ordinances, rules, regulations, and policies. Nor shall this moratorium affect any emergency approval of any part of a preliminary site plan or to otherwise permit drainage improvements, if required to protect persons or property from flooding or to otherwise protect the health and safety of persons or property.