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HomeMy WebLinkAbout2014-003 Denied Projects for Rezoning/Special Exceptions - Application Submission CriteriaORDINANCE NO. 2014 -003 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. 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. Article IV, 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: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 H_ day of FPt- CV 4_ 20t4. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk ti. S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 0 day of d , 20 K. SHUFFIELD, LOWMAN & WILSON, P.A. By: Attorney READ FIRST TIME 20 READ SECOND TIME AN]b ADOPTED 20A UNDER A ENDA ITEM NO. I O ADVERTISED —J&A. 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 six (61 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 period of six (61 months from the date of denial.