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Home My WebLink AboutOrdinance 2009-014 Amending LDC ORDINANCE NO. 2009-014 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE; RESCINDING AND REPLACING IN ITS ENTIRETY SECTION 1-10 OF ARTICLE I OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING PUBLIC HEARING NOTICE FOR ANNEXATIONS, REZONINGS AND COMPREHENSIVE PLAN AMENDMENTS; RESCINDING AND REPLACING IN ITS ENTIRETY SECTION 5- 9 OF ARTICLE V OF CHAPTER 180 REGARDING PROCESSING PROCEDURES FOR ANNEXATIONS, ZONINGS/REZONINGS AND COMPREHENSIVE PLAN AMENDMENTS; 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 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 Chapters 163 and 166, Florida Statutes. SECTION 2. Section 1-10 of Article I of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby rescinded in its entirety and a new Section 1-10 of Article I of Chapter 180 is hereby adopted as follows: 1-10. NOTICE. A. Public Hearing Notice for Annexations, Rezonings, and Comprehensive Plan Amendments (1) Notice Procedures. (i) All public hearing notices in connection with rezonings, annexations and Comprehensive Plan Amendments shall be consistent with the applicable requirements under the Florida Statutes. Specifically, public hearing notice requirements shall be consistent with Chapter 166, Florida Statutes, with respect to rezonings, Chapters 166 and 171, Florida Statutes, with respect to annexations, and Chapter 163, Florida Statutes, with respect to Comprehensive Plan Amendments. (ii) Notice of such hearings shall be posted on the property at least twelve (12) days in advance of a public hearing. In the case of a City initiated annexation under Section 171.0413, Florida Statutes, posted notice of the hearing shall not be required. (iii) The owner of the property for which a rezoning, annexation or comprehensive plan amendment is sought shall be notified by regular U.S. Mail, at least 30 days prior to such public hearing, except (i) when the action is sought by the owner of the property, in which case such notice shall not be required, and (ii) when the action involves an annexation under Section 171.0413, Florida Statutes, in which case the owner of the property shall receive mailed notice in accordance with the requirements of Chapter 171, Florida Statutes. (iv) Notice of such hearings shall also be sent by regular mail at least seven (7) days prior to the hearing date to all property owners within 300 feet of the property which is the subject of the public hearing. Compliance with this section shall be based on the date of mailing by the City. (v) Notice of such hearings shall be given in a newspaper of general circulation at least seven (7) days in advance of the public hearing, except for a hearing involving an annexation under Section 171.0413, Florida Statutes, in which case notice shall be published in accordance with the requirements of Chapter 171, Florida Statutes. For the purposes of this Code, the West Orange Times is found to be a newspaper of general circulation. (vi) Unless otherwise required by Florida Statutes, all mailed and published notices for Planning and Zoning Commission hearings may combined in a single notice of all proposed actions related to a particular property (i.e., annexation and initial zoning may be combined in a single notice). The form of such notice shall be determined by the Planning Department. (2) Posting on Property. Posted notice of such hearings (both Planning and Zoning Commission and City Commission) shall remain in place through the second reading and public hearing before the City Commission. The Planning Department shall be responsible for issuing the signs for posting on the property and the landowner is responsible for installing (and later removing) them. The sign to be posted on the property shall be at least two (2) feet square and shall contain substantially the following language: -2- A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD BY THE CITY COMMISSION OF THE CITY OF OCOEE. CALL THE PLANNING DEPARTMENT AT OCOEE CITY HALL (407-905-3100) FOR INFORMATION. The signs shall be erected in full view of the general public on each street side of the property by the applicant. (3) Additional Methods of Notification; Conflicts In addition to the required public hearing notices as heretofore set forth, the City Commission may, at its option, utilize other methods of notification of such public hearings. In the event of a conflict between any notice requirements set forth in this Code and the Florida Statutes, the provisions of the Florida Statutes shall prevail. A written opinion of the City Attorney to the effect that there is a conflict with the Florida Statutes be controlling for the purposes of determining compliance with the foregoing noticing requirements and the non-applicability of any noticing provisions of this Code. (4) Applicability to Planning and Zoning Commission and City Commission. The noticing requirements of this section shall be applicable to public hearings held by both the Planning and Zoning Commission and the City Commission in connection with rezonings, annexations and Comprehensive Plan Amendments. Notices of hearings before the Planning and Zoning Commission and the City Commission may be combined in a single notice. SECTION 3. Section 5-9 of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby rescinded in its entirety and a new Section 5-9 of Article V of Chapter 180 is hereby adopted as follows: ~ 5-9. ANNEXATIONS, ZONINGS/REZONINGS, AND COMPREHENSIVE PLAN AMENDMENTS. A. Requests for annexation into the City of Ocoee may be made if the property meets the statutory requirements for annexation under Chapter 171, Florida Statutes. The City Commission may leave the Orange County zoning in place with respect to lands annexed into the City of Ocoee or may establish an initial city zoning upon annexation. The establishment of the initial city zoning may occur contemporaneous with the annexation or subsequent to the annexation. B. Requests for initial zoning/rezoning of property fall into two categories: -3- (1) Those requests which are consistent with the City of Ocoee's Comprehensive Plan. (2) Those requests which are inconsistent with the City of Ocoee's Comprehensive Plan, in which case a Comprehensive Plan Amendment will be required prior to the adoption ofthe initial zoning/rezoning of the property. C. Requests for a Comprehensive Plan Amendment may only be acted upon in accordance with such schedules as may be established from time-to-time by the City Planning Department. Amendments are needed if the request calls for a change to the Future Land Use Map or any text in the Comprehensive Plan. D. The Planning Department processes all petitions for annexation, initial zoning/rezoning, and Comprehensive Plan Amendments. The applications are accepted and processed in accordance with such schedules as may be established from time-to-time by the City Planning Department. E. Unless otherwise required by Florida Statutes, a public hearing will be held at the Planning and Zoning CommissionILocal Planning Agency level and then again before the City Commission at the second reading of the ordinance. SECTION 4. 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 5. 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 -4- Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 2Y'd.-day of --S l..lVlP.., , 2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S'Svv~42 S. Scott Vandergrift, Mayof'\ (SEAL) ADVERTISED \fY\OL.-11 0 ,2009 READ FIRST TlME~, 2009 READ SECOND TIME AND ADOPTED <J L1I'e. 2- , 2009 UNDER AGENDA ITEM NO. lo FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY ~ this ~ day of J Uf\( , 2009. ::LEY V::;~~ City Attorney -5-