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HomeMy WebLinkAboutItem #07 Land Development Code Amendment - Application Submission Criteria For Denied Projects for Rezoning/Special Exceptions\" 'J �)C ()�� florida AGENDA ITEM COVER SHEET Meeting Date: January 21, 2014 Item # Contact Name: Contact Number: Michael Rumer "X Reviewed By: Department Director: City Manager: (407) 905 -3100 x 1018 Subject: Land Development Code - Change in Article IV, Section 4 -8(A) (3) Special Exception Applications and Section 5 -9 Zoning /Rezoning Background Summary: Article IV and Article V of the City of Ocoee Land Development Code (LDC) regulates application submittal requirements for Special Exceptions and Rezoning. Currently, there are no provisions limiting the time for resubmitting an application that has been denied by the City Commission. Due to a rezoning case where an application for rezoning was denied by the City Commission, and a subsequent re- application was submitted four months after the denial hearing date, staff was directed by the City Commission to look into provided a waiting period. Staff looked at the re- application requirements from twelve (12) different local governments in Florida to provide new language in the LDC limiting a new application for a project after a denial has been issued. Attached is a spreadsheet indicating the criteria by the twelve local governments to limit re- applying or having a new hearing on a project that has been denied. Upon review of the information gathered, staff has proposed three options: Option #1: If the city commission denies an ordinance to rezone a property including to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of six (6) months from the date of denial. Option #2: If the city commission denies an ordinance to rezone a property including to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of nine (9) months from the date of denial. Option #3: If the city commission denies an ordinance to rezone a property to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of one (1) year from the date of denial. Issue: Should the Honorable Mayor and City Commissioners approve an ordinance consisting of amendments to the Land Development Code (LDC) relative to providing a waiting period for hearing a re- application of a denied special exception or rezoning? Planning and Zoning Commission Recommendation The Planning & Zoning Commission met on November 12, 2013, to consider the amendments to the Land Development Code (LDC) relative to providing a waiting period for hearing a re- application of a denied special exception or rezoning. The Planning and Zoning Commission voted to recommend approval of the proposed option #2 which limits the rezoning ordinance or special exception from being heard by the City Commission for nine (9) months. Motion carried (4 -3). Recommendations Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an Ordinance providing for amendments to the Land Development Code consistent with Option #2. Attachments: Spread Sheet Ordinance Financial Impact: N/A Type of Item: (please mark with an 'Y) X Public Hearing For Clerk's Dept Use: X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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 Reviewed by Finance Dept. 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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE IV OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR APPLICATION AND SUBMITTAL REQUIREMENTS FOR SPECIAL EXCEPTIONS AND AMENDING ARTICLE V OF THE LAND DEVELOPMENT CODE RELATED TO LAND USE AND DENSITY REGULATIONS FOR REZONINGS TO PROVIDE A TIME LIMITATION FOR RESUBMITTING AN APPLICATION THAT HAS BEEN DENIED BY THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to amend Article IV of the Land Development Code related to Procedures for applications and submittal requirements for special exceptions and rezonings and to amend Article V of the Land Development Code related to Land Use and Density Regulations to provide a time limitation for resubmitting an application that has been denied by the City Commission. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Authori . 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. Article Section 4- 8.A(3) and Article V, Section 5 -9 Article IV, Section 4- 8.A.3. of the Land Development Code related to Special Exceptions and Article V, Section 5 -9 of the Land Development Code related to Annexations, Zonings /Rezonings and Comprehensive Plan Amendments are hereby amended as follows: hereof. See Exhibit "A" attached hereto and by this reference made a part 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 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 ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20_ SHUFFIELD, LOWMAN & WILSON, P.A. la City Attorney day of APPROVED: 20 CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED , 20_ UNDER AGENDA ITEM NO. EXHIBIT "A" Article IV, Section 4- 8.A.(3). — SPECIAL EXCEPTIONS is hereby amended as follows: The proposal shall be considered by the City Commission at a public hearing after due public notice, along with the report of the Director of Planning and the report of the Planning and Zoning Commission. Following completion of the public hearing, the City Commission shall approve, disapprove, amend and approve the proposal, or approve the proposal with conditions. Any action taken shall be accompanied by the findings of the City Commission upon which the action was based. In the event that the City denies a special exception for a specific use of property, the City — Commission shall take no action on a new application for the same proposal for a period of nine (9) months from the date of denial. Article V, Section 5 -9. — ANNEXATIONS, ZONING /REZONINGS AND COMPREHENSIVE PLAN AMENDMENTS is hereby amended as follows F In the event that the City Commission denies an application to rezone _property, the City Commission shall take no action on a new application for the same proposal or zoning district for a pe riod of n ine months from the date of denial. Lcal OO � Advp��snze ° ny �jhat ran ➢n the rpoeu�� t�r���o ®� Date P ubrkhed -- ". -..A In-1A 2 )TICE OF PUBLIC HEARING FOR AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE APPLICATIONS TICE IS HEREBY given that the Ocoee City nmission will consider a proposed Amendment the City of Ocoee Land Development Code sting to Article IV, Section 4- 8(A)(3) Special ;eption Applications and Article V, Section 5 -9 ling /Rezoning Applications. OCOEE CITY COMMISSION will hold a :)lic hearing on the proposed amendment on ESDAY, JANUARY 21, 2014, AT 7:15 PM or as Dn thereafter as practical.The public hearing will be Id in the City Hall Commission Chambers located at 0 North Lakeshore Drive, Ocoee. d ORDINANCE OF THE CITY OF OCOEE, .ORIDA AMENDING ARTICLE IV OF THE kND DEVELOPMENT CODE RELATING TO iOCEDURES FOR APPLICATION AND SUBMITTAL :OUIREMENTS FOR SPECIAL EXCEPTIONS ND REZONINGS AND AMENDING ARTICLE V F THE LAND DEVELOPMENT CODE RELATED 0 LAND USE AND DENSITY 'REGULATIONS TO ROVIDE A TIME LIMITATION FOR RESUBMITTING N APPLICATION THAT HAS BEEN DENIED Y THE CITY COMMISSION; PROVIDING FOR EVERABILITY; PROVIDING FOR CODIFICATION; ROVIDING AN EFFECTIVE DATE. iterested parties may appear at the public hearing ind be heard with respect to the proposed actions (bove. The complete case file may be inspected it the Ocoee Development Services Department/ 'fanning Division located at 150 North Lakeshore )rive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal , lolidays. The City Commission may continue these public 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 of these or continued public hearings shall be announces during the hearing and no further notices regardin( these matters will be published. You are advise( that any person who desires to appeal any decisioi made at the public hearings will need a record of thi proceedings and for this purpose may need to ensur that a verbatim record of the proceedings is mad which includes the testimony and evidence upo which the appeal is based. Persons with disabilitie needing assistance to participate in any of thes proceedings should contact the City Clerk's Office 4 hours in advance of the meeting at 407 - 905 -310 Beth Eikenberry, City Clerk Run Date: Jan 9, 20' CITY OF OCOEE