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Home My WebLink AboutItem #09 Land Development Code Amendment - Extension of Approved Preliminary/Final Subdivision Plans and Preliminary/Final Site Plans until March 3, 2015I I I S , Y % 0 C 0( (--> fIorida AGENDA ITEM COVER SHEET Meeting Date: March 4, 2014 Contact Name: Contact Number: Item # 9 Reviewed By: Michael Rumer 4 F4 Department Director: (407) 905 -3100 x 1018 City Manager x h 4 J h4/ Subject: Land Development Code Amendment — Section 4 -12 Extension of Approved Preliminary /Final Subdivision Plans & Preliminary /Final Site Plans until March 3, 2015 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 and 2012, by adopting a new section (Section 4- 12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans until March 1, 2014. 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. Staff is proposing to amend Section 4 -12 of the City of Ocoee Land Development Code to provide an additional one year extension. All approved Preliminary and Final Plans will have an expiration date of March 3, 2015, dependent on special circumstances that may arise for individual projects. Since the City has not adopted new development regulations, previously approved projects would still comply with current codes and ordinances. 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 Subdivision /Site Plans from March 1, 2014, to March 3, 2015? Recommendations: Staff recommends that the Mayor and City Commissioners Approve amending Section 4 -12 which would extend certain previously approved Preliminary & Final Subdivision /Site Plans from March 1, 2014, to March 3, 2015. Attachments: Ordinance Financial Impact: None Type of Item: (please mark with an 'Y') X Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda 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. Reviewed by ( N/A N/A N/A ORDINANCE NO. 2014- 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 3, 2015 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, 2014 per Ordinance 2012 -005; and ORLA_1485768.2 WHEREAS, the City Commission desires to retroactively extend the expiration dates from March 1, 2014 to March 3, 2015 of certain Preliminary Plans and Final Plans as more filly 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 4- 3, 294-4 2015 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 4- 3, 2944 2015 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 untit March 4- 3, 294 2015 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 fitll force and effect notwithstanding the provisions of Sections 4- 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 4- 3, 2414 2015 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. 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 , 2014. day of , 2014. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2014 READ FIRST TIME , 2014 READ SECOND TIME AND ADOPTED , 2014 UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney -4- Date P uMshed and Meft Names J I Orange Extra I Orlando Sentinel Sunday, February 23, 2014 CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE NOTICE IS HEREBY given that the City of Ocoee City Commission will consider a proposed Amendment to the City of Ocoee Land Development Code relating to amending Section 4 -12 of Chapter 180 which . will extend until March 3, 2015, certain previously approved Preliminary. Subdivision & Site Plans and Final Subdivision & Site Plans. The OCOEE CITY COMMISSION will hold a public hearing on the proposed amendment on TUESDAY, MARCH 4, 2014, AT 7:15 PM or as soon thereafter as practical. The public hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive, Ocoee. 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 442 OF ARTICLE IV TO EXTEND UNTIL MARCH 3, 2015 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. Interested parties may appear at the public hearing and be heard with respect to the. proposed actions above. The complete case file may be inspected at the Ocoee Development Services Department/Planning Division located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 .a.m. and °5:00 p.m, Monday through Friday, except "legal holidays. The City Commission may continue these public hearings to other dates and times, as it deems necessary. Any interested �party`shall be advised of46e dates; -= ti times, and places of any continuation of these ' of continued public hearings shall be announced during the'hearing,and no further notices regarding these matters will be published. You are advised . that any person who desires to appeal any decision ' made at the public hearings will need' a'reeo4 the proceedings and for this purpose may need to ensure that a verbatim record of -the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to,, participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407 - 905 -3105. Beth Eikenberry, City Cleric