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HomeMy WebLinkAbout2025-02 - Resolution of Pending LegislationSOLUTIONA RE OF i i OF O; OCOEE, FLORIDA,PROVIDING ! TO THE PUBLIC OF GOVERNINGPENDING LEGISLATION TO PROVIDE FOR THE CITY'S NEW iLICY FRAMEWORK AND LAND DE VELOPMENT REGULATIONS THAT SHALL DIRECT AND MANAGE GROWTH REDEVELOPMENTDEVELOPMENT, ELIMINATE NON -CONFORMITIES, PRIORITIZE 1 ADAPTIVE ACCOMMODATE A MOF i! DEVELOPMENT 1S THROUGH SOUND URBAN DESIGN PRINCIPLES, FOSTER RESPONSIBLE DEVELOPMENT THROUGH SOUND ENVIRONMENTALLY-CONSCIOUSQUIRE ARCHITECTURALAESTHETICALLY PLEASING 1 PROTECT AND ENHANCE THE PUBLIC THROUGH ADOPTION 1 IMPLEMENTATION OF 2045 COMPRE HENSIVE PLAN AND NEW LAND DEVE LOPMENT CODE, AND PROVISIONS FOR ENFORCEMENT THERE OF. WHEREAS, Chapter 163, Part II, Florida Statutes, sets requirements for local governments to adopt a comprehensive plan covering at least two planning periods, one covering at least the first 10-year period occurring after the plan's adoption and one covering at least a 20- year period; and WHERE,AS, the City Commission of the City of Ocoee (the "Ocoee City Commission") adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No. 91- 28 on September 18, 1991, pursuant to Chapter 163, Part II, Florida Statutes; the Growth Policy Act (the "Act"), as amended from time to time; and WHEREAS, the current Comprehensive Plan was adopted on October 1, 2002, has reached its long -tern planning horizon of 2022, and, therefore, must be updated to include the statutorily required ten-year and twenty-year planning horizons; and WHEREAS, the City wishes to place the public and all parties on notice that the City is actively preparing the 2045 Comprehensive Plan, which shall be the governing policy framework to provide for the orderly and balanced economic, social, physical, environmental, and fiscal development of the City over the next ten-year and twenty-year planning horizons; and WHERE AS, the 2045 Comprehensive Plan shall establish Goals, Objectives and Policies to achieve its vision of Ocoee becoming "a vibrant, attractive and economically sustainable community where businesses thrive and neighborhoods flourish through diverse, compact, and complementary land uses that produce quality developments, eiihanced and active public realms, and safe and efficient mobility systems while simultaneously preserving environmental systems and creating parks, trails and open spaces to promote social engagement, community health and overall wellbeing of the City"; and WHEREAS, the City further wishes to place the public and all parties on notice that the City is concurrently updating the Ocoee Land Development Code to create zoning districts, urban design -and architectural standards, development policies and procedures, and other regulations to implement the Goals, Objectives and Policies of the 2045 Comprehensive Plan; and WHEREAS, the City declares and hereby implements the Pending Legislation Doctrine (or Pending Ordinance Doctrine) set forth in Smith v. City of Cleat,ivater, 383 So. 2d 681 (Fla. 2d DCA 1980), to give notice of anew policy framework embodied within the 2045 Comprehensive Plan and new land development regulations embodied within the updated Land Development Code to bring nonconformities into compliance, to govern real properties, including buildings, structures and premises, as necessary, to protect the health, safety and welfare of existing and future residents and property owners within the City's jurisdictional limits, and to foster development patterns and designs that not only protect but also enhance the public realm with beautiful placemak-ing standards, that promote the efficient use of municipal investments and infrastructure, that achieve infill, redevelopment and adaptive reuse, and that add to the quality, character, economic vitality, and sustainability of the City; and N WHEREAS, property owners and developers should be aware that provisions of pending ordinances not yet adopted by the City shall be applied to any proposed development or to any development application submitted to the City after the six-month moratorium on the processing of development applications expires on March 17, 2025, as adopted by Ordinance 2024-26 on September 17, 2024, and until the passage of the pending ordinances. Such applications may include those: (a) to 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; and WHEREAS, the City Commission in good faith determines that this Resolution is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, be it resolved by the City Commission of the City of Ocoee, Florida that: SECTION 1. The foregoing recitals are re-incolporated herein as if set forth at length. SECTION 2. That the City Commission of the City of Ocoee hereby gives notice of planning staff's active pursuit of pending legislation in the normal course of municipal action, and directs staff to advertise for public hearing, respectively, the consideration and adoption of the 2045 Comprehensive Plan and updated Land Development Code, upon their respective completions, to govern real properties and direct and manage growth and development, as necessary, to protect the health, safety and welfare of residents and property owners within the City's jurisdictional limits, and to provide for the City's enforcement of the ordinances. PASSED AND ADOPTED at a regular meeting of the City Commission of the City of Ocoee held in City Hall, Ocoee on this day of Rao(� 2025. [space intentionally left blan1c] 3 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA, APPRO ED AS TO FORM AND LEGALIT this day of 2021 ( R icharodS.,Geller City Attorney Rusty Joh4s t, Mayor APPROVED BY THE OCOEE CITY COMMISSION ON tAftj()(,� UNDER AGENDA ITEM NO.- � � 4