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HomeMy WebLinkAboutOrdinance 2003-01 ORDINANCE NO. 2003-01 ~ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES AND THE PLANNING AND ZONING BOARD; AMENDING THE PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY AMENDING SUBSECTION A(4) AND A(8) OF SECTION 1-12 OF ARTICLE 1 TO REMOVE ADVERTISING COSTS FROM THE DEFINITION "FLAT FEE" AND TO INCLUDE ADVERTISING COSTS IN THE DEFINITION "REVIEW COSTS" PAID BY THE APPLICANT; AMENDING SUBSECTION A OF SECTION 3-2 OF ARTICLE 3 TO ADD A REPRESENTATIVE OF THE SCHOOL BOARD TO THE PLANNING AND ZONING COMMISSION AS A NON- VOTING MEMBER FOR CERTAIN MEETINGS; AMENDING TABLE 5-1 ENTITLED "USE REGULATIONS" OF ARTICLE V TO ADD "AUTO BODY REPAIR SHOP" AS A PERMITTED USE IN ZONING DISTRICT 1-1; PROVIDING FOR SEVERABILITY; 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 ofOcoee 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. Subsection A( 4) of Section 1-12 of Article I of Chapter 180 of the Code of Ordinances is hereby amended to read as follows (with additions double- underlined and deletions stricken): ~. (4) "Flat Fee" shall mean and refer to the non-refundable flat fee from time- to-time established by resolution of the City Commission to be paid by an Applicant at the time of the filing of an Application. The Flat Fee shall be for the purpose of covering the cost of City staff time dedicated to the review and processing of an Application and all advertising costs in connection with the processing of an Application. For the purposes hereof, staff time encompasses Development Review Committee meetings, individual staff review time, clerical 006.265608.1 time and site inspections. Where expressly provided by this Section 1-12, the Flat Fee shall also be for the purpose of covering the City Attorney, legal, consultant, and engineering fees and costs incurred by the City in reviewing and processing an Application. ,.." SECTION 3. Subsection A(8) of Section 1-12 of Article I of Chapter 180 of the Code of Ordinances is hereby amended to read as follows (with additions double- underlined and deletions stricken): "Review Costs" shall mean and refer to the costs and expenses incurred by the City in connection with the review and processing of an Application, including but not limited to City Attorney's fees and costs and legal, consultant and engineering fees and costs. all advertisim! costs; provided, however, that Review Costs shall not, include (i) the cost of City staff from time dedicated to the review and processing an Application and all ad','ertising costs in connection with the processing of an }I.pplication, and (ii) City Attorney, legal, consultant and engineering fees and costs incurred by the City in reviewing and processing an Application which are expressly included within the Flat Fee pursuant to the provisions of Section 1 -12. C.2 hereof. SECTION 4. Subsection A of Section 3-2 of Article III of Chapter 180 ofthe Code of Ordinances is hereby amended to read as follows (with additions double-underlined and deletions stricken): A. Establishment and Membership '-'" The Planning and Zoning Commission shall consist of nine (9) members appointed by the City Commission and one (1) member aooointed bv the School Board of Oranl!e County as a non-votinl! member. The member aooointed bv the School Board of Oranl!e Countv shall attend those meetinl!s at which the Planninl! and Zoninl! Commission considers comorehensive ulan amendments and rezoninl!s that would. if aooroved. increase residential densitv on the orooertv that is the subiect of the aoolication. No member shall be an employee of the City of Ocoee and all members. exceot the member aooointed bv the School Board of Oranl!e Countv. must be residents of the City of Ocoee. When selecting members to the Planning and Zoning Commission, the City Commission shall attempt to select from different geographical areas within the City so as to create geographical diversity and representation. 2 006.265608.1 SECTION 5. Amendment to Use Re2ulations Table. Table 5-1 entitled "Use Regulations" of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee, '--" Florida, is hereby amended to read as set forth on Exhibit "A" attached hereto and incorporated herein by this reference, which amends Table 5-1 so as to add "Auto Body Repair Shop" as a permitted use in Zoning District 1-1. SECTION 6. 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 7. Conflicts. All ordinances, resolutions, parts of ordinances, or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this .i:nJ. day of JAiN U ~ i. 'I ' 2003. APPROVED: ATTEST: CITY OF OCOEE, TA ~5S:A'D [~ S. Scott Vandergrift, Mayor (SEAL) ... ADVERTISED December 5, 2002 READ FIRST TIME December 17, 2002 READ SECOND TIME AND ADOPTED JAH UAA... Y '1 ,.2..M.3 UNDER AGENDA ITEM NO. vr P>.. , 006.265608.1 3 ,..,. '-" 006.265608.1 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. AP~OVED AS TO FORM AND LEGALITY thisL day 0~'Y' 2003. FO~~NER By: (~ City Attorney 4 ~ ... li ~ 0 0 I 0 I D- D- o. 0 J c 15 I " e ... (/) I D- o D- D-I 0. D- o. c .J. . 'S -= '" (J e ., CJ) 0 0. (/) 0. I 0. 0. 0. ,!'E u i I ~ ... a. CJ) I 0. 0 0. 0 0. (/) CJ) .e : u :Xi ... , CJ) 0 0 I 0 0 0 0 0 J! U ~ {!. UJ (/) 0 I I I 0 0 I 0 S D. ... 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