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HomeMy WebLinkAboutItem #15 Proposed Amendment to the LDC - Extension of Preliminary & Final Subdivisions/Site Plan ,. AGENDA ITEM STAFF REPORT Meeting Date: March 16, 2010 Contact Name: Contact Number: Item # Antonio Fabre, AICP @ 407 -905-3100/1019 15 Reviewed By: Department Director: City Manager: ~~ -- Subject: Proposed Amendment to the Ocoee Land Development Code Extension of Preliminary and Final Subdivision/Site Plan Approvals until March 1, 2012. BACKGROUND SUMMARY: Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, also known as the Ocoee Land Development Code, Article IV, sets forth certain time periods following approval of Preliminary Subdivision & Preliminary Site Plan (collectively, "Preliminary Plans") within which a Final Plan approval must be obtained. Preliminary Plan approval by the City Commission shall be automatically voided if the Final Site Plan (for either the entire project or the approved first phase) is not approved within one (1) year (LDC, Article IV, Section 4-3, A, (6), & Section 4-3, C, & Section 4-4.G, (1), (g)). Additionally, the Ocoee Land Development Code, Article IV, also sets forth certain time periods following approval of Final Subdivision & Final Site Plan (collectively, "Final Plans") within which construction must commence. The Ocoee Land Development Code provides for the automatic termination of Preliminary Plans and Final Plans if the subsequent events required by the Land Development Code do not occur (LDC, Article IV, Section 4-4.G(3) & Section 4-5.G). Due to the current economic conditions, City Staff is proposing an Amendment to the City of Ocoee Land Development Code relating to adoption of a new section (Section 4-12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans until March 1, 2012. The time extensions would apply for any Preliminary & Final Plans approved by the City Commission after January 1, 2005 and prior to March 1, 2010 which has not obtained approval of a Final Site/Subdivision Plan (for either the entire project or the approved first phase) and/or commence construction as of March 1, 2010. For your review and consideration, please find attached the proposed Ordinance which contains the language for codification. Moreover, this request is consistent with the Florida Legislature's Community Renewal Act Senate Bill 360 which promulgates two (2) years extension on development orders, and as well as the approach of other jurisdictions. ISSUE: Should the Honorable Mayor and City Commissioners approve an Amendment to the Ocoee Land Development Code to include Section 4-12 which would extend certain previously approved Preliminary & Final Plans? PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Section 4-12 of the Land Development Code on February 9, 2010. City Staff presented a brief overview of the proposed amendment. City Staff answered several questions regarding vested rights, Senate Bill 360, DCA, and the time extensions. All of these questions were addressed adequately in the P&Z meeting. There was no one from the public to speak regarding this Land Development Code Amendment. I- ~ After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (5-1) of Amending the Land Development Code to include Section 4-12 which extends certain previously approved Preliminary & Final Plans until March 1, 2012. STAFF RECOMMENDATION: Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners Approve Amending the Land Development Code to include Section 4-12 which extends certain previously approved Preliminary & Final Plans until March 1, 2012. Attachments: Ordinance. Financial Impact: None. Tvpe of Item: x x (please mark with an ''x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: Consent Agenda Public Hearing Regular Agenda x Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A X N/A N/A ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW SECTION 4-12 OF CHAPTER 180 OF THE OCOEE CITY CODE LAND DEVELOPMENT CODE WHICH EXTENDS UNTIL MARCH 1, 2012 CERTAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY SUBDIVISIONS PLANS, FINAL SITE PLANS AND FINAL SUBDIVISION PLANS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, also known as the Ocoee Land Development Code, Article IV, sets forth certain time periods following approval of a preliminary site plan and/or preliminary subdivision plan (collectively, "Preliminary Plans") within which a final plan approval must be obtained and/or construction must commence; and WHEREAS, the Ocoee Land Development Code, Article IV, also sets forth certain time periods following approval of a final site plan and/or final subdivision plan (collectively, "Final Plans") within which construction must commence; and WHEREAS, the Ocoee Land Development Code provides for the automatic termination of Preliminary Plans and Finals Plans if the subsequent events required by the Land Development Code do not occur; and WHEREAS, the City Commission recognizes that the timeline for some developments within the City have been delayed due to the current economic conditions and that it is not in the best interests of either the City or the developer/applicant to allow for the expiration of the Preliminary Plans and the Finals Plans; and ORLA_1485768.2 WHEREAS, the City Commission desires to retroactively extend the expiration dates of certain Preliminary Plans and Final Plans as more fully set forth in this Ordinance. NOW, THEREFORE, 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 Chapter 166, Florida Statutes. SECTION 2. Extension of Approvals. Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended by the adoption of a new Section 4-12 as follows: Section 4-12. Extension of Preliminary and Final Subdivision and Site Plan Approvals. A. Any Preliminary Site Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2010 which has not obtained approval of a Final Site Plan (for either the entire project or the approved first phase) as of March 1,2010 is hereby granted an extension until March 1, 2012 in order to obtain approval of a Final Site Plan (for either the entire project or the approval of the first phase) and such Preliminary Site Plan shall remain approved and in full force and effect notwithstanding the provisions of Section 4-3.A(6) of Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary. B. Any Final Site Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2010 which has not commenced construction as of March 1, 201 0 is hereby granted an extension until March 1, 2012 in order to commence construction and such Final Site Plan shall remain approved and in full force and effect notwithstanding the provisions of Section 4-3.C of Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary. C. Any Preliminary Subdivision Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2010 which has not obtained approval of a Final Subdivision Plan (for either the entire project or the approved first phase) as of March 1, 2010 is hereby granted an extension until March 1, 2012 in order to obtain approval of a Final Subdivision Plan (for either the entire project or the approval of the first phase) and such Preliminary Subdivision Plan shall remain approved and in full force and effect notwithstanding the ORLA_1485768.2 -2- provisions of Sections 4-4.G(I)(g) and 4-5.G of Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary. D. Any Preliminary Subdivision Plan and related Final Subdivision Plan approved by the City Commission after January 1,2005 and prior to March 1,2010 which has not commenced construction as of March 1, 2010 is hereby granted an extension until March 1, 2012 in order to commence construction and such Preliminary Subdivision Plan and related Final Subdivision Plan shall remain approved and in full force and effect notwithstanding the provisions of Sections 4-4.G(3) and 4-5.G of Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary. E. To the extent that any annexation agreements, developer agreements, or other agreements entered into by the City conflict with the provisions of this Section 4-12, it is the intent of the City that the provisions of this Section 4-12 shall control; provided, however, that nothing contained herein shall be construed as extending any other deadlines, schedules, time lines or performance obligations contained in any such agreements. SECTION 3. 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 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. ORLA_1485768.2 -3- SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ,2010. PASSED AND ADOPTED this _ day of ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDAj APPROVED AS TO FORM AND LEGALITY this _ day of ,2010. FOLEY & LARDNER LLP By: City Attorney ORLA_1485768.2 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED ,2010 READ FIRST TIME , 2010 READ SECOND TIME AND ADOPTED ,2010 UNDER AGENDA ITEM NO. -4- . w . \ . NOTlCEIS:HEREBY given that" the City-' 6COcOee:C: ~'~ -:0 City coIll1!1i!l!ljon )Viltconsider a proposed Amen~enC to. the City ef Ocoee Land Development Cede relating to adopting a new section 4-12 ef Chapter) 80 whiCh extends until March 1, 2012 certain previously approved Prelinlinary Subdivision & Site Plans and, Final Subdivision & Site Plans~ . The OCOEE CITY' COMMISSION . will held AN ORDiNANtE~ OF THE CITY' OF Oc..Q!l~; FLORIDA ADOPTING' A, NEW SECTlONi 4_120F'CHAPTER 180 OF THE OCOEE'CITY' CODE LAND DEVELOPMENT CODEwInCB EXTENDS UNTIL MARCH }, 2012 CERTAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY' SUBDIVISIONS PLANS, FINAL SITE PLANS i\NDFINAL SUBDIVISION PL~S;, PROVIDING' FOR" CODIFICATION; PROVIDING FOR SEVERABILITY; PRQVIDIN~, -:.AN EFFECTIVE DATE: ,..';', . ,.. ~,'" -;.' .~, - Interested' parties may 'appear at the public hearing and be heard with respect to the proposed' actiens" above. The complete case file may be inspected at :the Oceee Development Services DepartmentIPlanning' Division located at 150 North Lakeshore Drive, o'coee, Florida between the hours of 8:00 a.m. and.5:00 p.m., Menday threugh Friday,' except legal helidays.' -,' '. \ ".......... .:,....~~ - --:-.....; .-:-....' ..~::....~,......., " The City Conimission maycentinue the~<pub1ic~'~;- hearings to" other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times;" and places: of any' continuation o~ these or'~coiitiD.ued - .. _ public hearings'shall De announced durinftlie:-lleanng; . . and' no further, notices' regarding' these matlers:wil1=oe:' pUblished.;', _ - -."" ' ::t~ ,~,~~.::.'::":::;::t . :;...,;'--'.-;'- . ~::.. ~, r'o .:..,..... You.are advised that any person who. desires'to appear' any decision made at the public hearings,will :need' a' record of the proceedings and for this purpese may 'need to ensure that a verbatim record of the proceedings is: m~de which includes the testimony and eVidence Upel1 which the app~~I!s bas_~~., . - ~ ~ . a , . m 'I _..; I ~ ~.~ -~_. -. ..-- .-. - - ... ~ _ ]>ersons \yith disaoilities needing assistance to"partiCipate::." ~: _':ili: anY' oCtlies-eproceediiigs should contlCt.:Thi..'CiiY:':': :~ :: _ Clerk's _Office :.48_heurs-.in advance of the-meetmg~ar::: ': . 407-905-3105.,~ Both Eikonborry, City CI"k 11..,,01.,., MMCh4, 20101 r' . :'~~.;~\t ~.j li ,J 1..' '