HomeMy WebLinkAbout2024-26 Six-Month Development MoratoriumAN ORDINANCE OF i i FLORIDA
IMPLEMENTING A MORATORIUM i
PROCESSING 1 CONSIDERATION OF ,
COMPRE HENSIVE PLAN TEXT AND MAP
AMENDMENTS,i. SPECIALEXCEPTIONS,
1 SITE PLAN 1 SUBDIVISION
1 APPROVALS, iALLOW THE PLANNING AND
ZONINGDIVISION i THOROUGHLY REVIEW,
STUDY, AND PREPARE AMENDMENTS TO THE CITY
OF OCOEE COMPREHENSIVE1 THE CITY OF
OCOEE LAND DEVELOPMENT 1 PROVIDING i
SEVERABILITY;1'; PROVIDING
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
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;
PA
WHERE AS, 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
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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 Lip 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
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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.
F.-Y-V-MW
Melanie Sibbitt, City Clerk
EW, -ORINVA W
CITY OF OCOEE, FLORIDA
Rusty Jo on ayor
(SEAL)
ADVERTISED 2024.zi
READ FIRST TIME - AUM 152-b
2024. J
READ SECOND TIME AND ADOPTED
y 1 -1 , 2024.
UNDER AGENDA ITEM NO. ifl
this n' ay of
By. -
Richard S . Geller
City Attorney
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