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HomeMy WebLinkAboutItem #07 Proposed Amendment to the Ocoee Land Development Code Extension of Preliminary and Final Subdivision/Site Plan Approvals until March 1, 2014 `en ter of Good L , ` e g AGENDA ITEM STAFF REPORT Meeting Date: March 06, 2012 Item # 1 Reviewed By: Contact Name: Michael Rumer Department Director: Contact Number: 407 - 905 - 3100/1018 City Manager: Subject: Proposed Amendment to the Ocoee Land Development Code Extension of Preliminary and Final Subdivision /Site Plan Approvals until March 1, 2014 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). The City amended the Land Development Code in 2010, by adopting a new section (Section 4 -12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans until March 1, 2012. The amendment was a result of newly passed legislation which promulgates two (2) years extension on development orders, and as well as the approach of other jurisdictions known as the Community Renewal Act Senate Bill 360. The time extensions 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. During the 2011 legislative session, a law was passed providing for an additional two year extension under Section 73 of Chapter 2011 -139 (House Bill 7202). Per Section 73 of Chapter 2011 -039 (House Bill 7207), staff is proposing to amend Section 4 -12 of the City of Ocoee Land Development Code to provide an additional two year extension. All approved Preliminary and Final Plans will have an expiration date of March 1, 2014, dependent on special circumstances that may arise for individual projects. ISSUE: Should the Honorable Mayor and City Commissioners approve an Amendment to the Ocoee Land Development Code Section 4 -12 which would extend certain previously approved Preliminary & Final Plans from March 1, 2012, to March 1, 2014? STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners Approve amending Section 4 -12 which would extend certain previously approved Preliminary & Final Plans from March 1, 2012, to March 1, 2014. Attachments: Ordinance Financial Impact: None Type of Item: (please mark with an x') X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading ✓ Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA EXTENDING CERTAIN DEVELOPMENT APPROVALS; AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA, BY REVISING SECTION 4 -12 OF ARTICLE IV TO EXTEND UNTIL MARCH 1, 2014 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, Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, also known as the Ocoee Land Development Code, 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 WHEREAS, Article IV of the Ocoee Land Development Code 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 under Section 73 of Chapter 2011- 139, Laws of Florida (House Bill 7202) any permit or any authorization that was extended under Section 14 of Chapter 2009 -96, Laws of Florida, as reauthorized by Section 47 of Chapter 2010- 147, Laws of Florida, is extended and renewed for an additional period of 2 years after its previously scheduled expiration date of March 1, 2012 per Ordinance 2009 -014; and ORLA_1485768.2 WHEREAS, the City Commission desires to retroactively extend the expiration dates from March 1, 2012 to March 1, 2014 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. Section 4 -12 of Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended 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, 2014 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, 2010 is hereby granted an extension until March 1, 2014 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, 2014 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 provisions of Sections 4- -2- 4.G.1.(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, 2014 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, timelines 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. -3- SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2012 READ FIRST TIME , 2012 READ SECOND TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2012. SHUFFIELD, LOWMAN & WILSON, P.A. 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