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HomeMy WebLinkAboutOrdinance 2006-014 ORDINANCE NO. 2006-014 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ILLEGAL NON-CONFORMING SITES AND STRUCTURES; ADDING A NEW SECTION 4-11 TO THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE ORDINANCES OF THE CITY OF OCOEE, FLORIDA; REQUIRING OWNERS TO BRING ILLEGAL NON-CONFORMING SITES AND STRUCTURES INTO COMPLIANCE WITH THE LAND DEVELOPMENT CODE, PREVIOUSLY APPROVED SUBDIVISION AND/OR SITE PLANS AND PREVIOUSLY APPROVED DEVELOPMENT AND/OR ANNEXATION AGREEMENTS; REQUIRING PRE-APPLICATION CONFERENCES; REQUIRING REVISED SUBDIVISION AND/OR SITE PLANS; REQUIRING AMENDMENTS TO DEVELOPMENT AND/OR ANNEXATION AGREEMENTS; PROVIDING A PROCEDURE FOR WAIVERS; PROVIDING FOR FEES; PROVIDING FOR ENFORCEMENT; 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. Authoritv. 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. New Section 4-11. A new Section 4-11 of Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: ~ 4-11 Illegal Non-Conforming Sites and Structures A. Intent. The intent of this Section is to ensure that property within the City remains in conformity with the Land Development Code after a conveyance or transfer of any part of such property (whether ORLA_ 408844.2 by fee title or an easement interest) to a governmental or quasi-governmental entity places it in non-compliance with the Land Development Code and/or its approved subdivision and/or site plan(s), and/or developer or annexation agreements with the City. B. Taking or Conveyance ofPropertv Making Property Non-Conforming. 1. Notwithstanding any provision of Section 5-10 of this Land Development Code to the contrary, whenever any interest in real property is conveyed or transferred (whether by a fee title conveyance or by the granting of an easement interest) to a governmental or quasi-governmental entity, by final judgment in a condemnation action, deed under threat of condemnation, voluntary conveyance, easement (whether voluntary or under threat of condemnation) or otherwise (collectively, a "Conveyance"), and the Conveyance places the remaining portion of property in non-conformity with the Land Development Code and/or its approved subdivision and/or site planes) and/or any developer or annexation agreements with the City, then such remaining portion of the property and the improvements located thereon shall thereafter be an illegal non-conforming site and/or structure. 2. Within ninety (90) days from the date of the Conveyance, the owner of the remaining portion of the Property must hold a pre-application conference with the Director of Community Development, or his designee, to discuss the actions necessary to bring the remaining portion of the Property into compliance with the Land Development Code and/or the property's approved subdivision and/or site planes) and/or developer or annexation agreements with the City. Within one hundred eighty (180) days from the date of the Conveyance, the owner of the remaining portion of the property must submit to the City revised subdivision and/or site planes) and/or proposed amendments to any developer or annexation agreement with the City, such submittal accounting for the Conveyance, and which brings the remaining property into compliance with all requirements of the Land Development Code, including but not limited to, any applicable landscape buffers, landscaping requirements, signage requirements and parking requirements. The foregoing shall be submitted to the City along with an application for an amendment to the subdivision and/or site planes) for the property and/or, if applicable, an amendment to any developer or annexation agreements affecting the property. Following submittal of such application, the owner must continue in good faith with the processing of the application and the resubmitted subdivision and/or site planes) and/or amendments to any developer or annexation agreements and respond to City Staff comments within 30 days of receipt thereof. 3. Following approval by the City of the resubmitted subdivision and/or site planes) and/or amended developer or annexation agreements, the owner must proceed in good faith to bring the real property and the improvements located thereon into compliance with any such revised subdivision and/or site planes) and/or amended developer or annexation agreements. The City may require a specific timeline for completion of the site improvements required by any such revised subdivision and/or site planes) and/or amended developer or annexation agreements. 2 ORLA_ 408844.2 Following completion of the site improvements required by any such revised subdivision and/or site planes) and/or amended developer or annexation agreements, the real property affected thereby shall thereafter be deemed to be conforming as it relates to the matters addressed in any such revised subdivision and/or site planes) and/or amended developer or annexation agreements. 4. The City may, at its option, require a development agreement in connection with the approval of any such revised subdivision and/or site planes) and/or require an amendment to any existing developer or annexation agreements. Any new agreements or amendments to an existing developer or annexation agreement must be approved by the City Commission and be executed by the Mayor and City Clerk. 5. All review procedures and requirements for subdivision and site plans and annexation and development agreements contained elsewhere in the Land Development Code will apply to revised subdivision and/or site planes) submitted and to the amended developer or annexation agreements pursuant to this Section, except that no public hearings will be required. C. Waivers. 1. If, because of the Conveyance, bringing the remaining portion of the property into conformity with the Land Development Code and/or the approved subdivision and/or site planes) and/or any developer or annexation agreements would place an unreasonable burden on the property owner, then the property owner may seek applicable waivers from the Land Development Code as part of the resubmitted subdivision and/or site plan(s) and/or proposed amendment to the developer or annexation agreement. In determining whether bringing a particular parcel of property into conformity with the Land Development Code and/or the approved subdivision and/or site planes) and/or the approved developer or annexation agreements would place an unreasonable burden on the property owner, then the City may consider the following factors: a. Physical constraints imposed based on the size, shape, or usable area of the remaining portion of the property and existing structures located thereon. b. Safety concerns that would be created by strict adherence to the Land Development Code. c. Factors and circumstances which would preclude the continued use of the remaining portion of the property with the uses actually occurring on the property immediately prior to the Conveyance. 2. In connection with approval of any such revised subdivision and/or site plans( s) that are not otherwise required to go before the City Commission for approval, the Director of Community Development may grant waivers from the provisions of the Land Development Code upon finding that an unreasonable 3 ORLA_ 408844.2 burden would otherwise be placed on the property owner; provided, however, that any waiver requiring a developer agreement or amending an existing developer or annexation agreement will require approval by the City Commission. Any denial of a waiver request by the Director of Community Development may be appealed to the City Commission within thirty (30) days from the date if the denial of any such waiver request. D. Actions Taken Prior to Conveyance. 1. Prior to the Conveyance, the property owner may, at its option, (i) hold the above referenced pre-application conference and submit such application and revised subdivision and/or site planes) and/or proposed amendments to any developer or annexation agreements, (ii) apply for waivers as set forth in Subsection C above, and (iii) obtain approvals pursuant to such application in order to address the conditions which will exist after the Conveyance. 2. At any time prior to the Conveyance (including but not limited to prior to the making of a written offer to a property owner), the condemning authority may apply to the Director of Community Development for a written non-binding determination that one or more specific "cure plans" proposed by the condemning authority is likely to satisfy the requirements of this Section. Prior to submitting any such application the condemning authority shall hold a pre-application conference with the Director of Community Development or his designee. Following such pre-application conference the condemning authority may submit an application for such non-binding determination, which application will include the information requested by the Director of Community Development, or his designee, at the pre-application conference. Any such cure plan shall show the existing condition of the affected property and the proposed condition of the affected property following the Conveyance and completion of the site improvements proposed by the cure plan. The City will waive all application fees and Review Costs in connection with any such application by a condemning authority. 3. The issuance of a non-binding determination as set forth above shall not act to preclude the Director of Community Development or the City Commission from approving an application from the property owner which differs from the cure plan addressed in the non-binding determination, it being recognized that there may be more than one alternative approach to cure the affects of the Conveyance which bring the affected property into conformity with the City Code. 4 ORLA_ 408844.2 E. Fees. 1. The property owner submitting such application and revised subdivision and/or site planes) and/or proposed amendment to the developer or annexation agreement shall be responsible for all Review Costs (as same are defined in Section 1-12 of the Land Development Code) associated with the submittal of the application and the revised subdivision and/or site planes) and/or proposed amendment to the developer or annexation agreement and review thereof by the City. The normal Flat Fees for applications shall be waived by the City. 2. No Review Deposits shall be required In connection with any applications required by this Section. 3. The property owner may elect to defer the payment of any Review Costs until receipt of any compensation received from a governmental or quasi-governmental entity in connection with any Conveyance. F. Enforcement. The City may enforce violations of this Section by way of Code Enforcement Board action, revoking any certificates of occupancy related to the property, and/or all other remedies available in law or equity. Prior to enforcing a violation of this Section, the City shall provide written notice of such violation to the property owner and a 30-day period to cure such violation. SECTION 3. 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 4. 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 5 ORLA_ 408844.2 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 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ZrP'"day of June, 2006. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~ I (SEAL) ADVERTISED ~ Jl> ...::r ll""<{, 2006 READ FIRST TI ~, 2006 READ SECOND TIME AND ADOPTED .~~ 20 ,2006 UND AGENDA ITEM NO. \)- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY thisdU day of June, 2006. FOLEY & LARDNER LLP By: fJ( I4JtJ City Attorney 6 ORLA_ 408844.2