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HomeMy WebLinkAboutOrdinance 99-01 ORDINANCE NO. 99-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SPECIAL OVERLAY AREAS; AMENDING PROVISIONS OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY REVISING SECTION 4-6.C. OF ARTICLE IV TO ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL APPRO V ALS OF PROPOSED USES AND MAJOR WAIVERS FOR DEVELOPMENT WITHIN SPECIAL OVERLAY AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to establish procedures to obtain conceptual approval of proposed uses and Major Waivers within Special Overlay Areas; and WHEREAS, the City Commission desires to promote innovative development within Special Overlay Areas; and WHEREAS, the City Commission desires to give conceptual approval to prevent the needless expenditure of time, money, and resources on the review of unacceptable development projects. 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. Conceptual Approval Procedures. Section 4-6.C. of Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to include the following provisions for obtaining conceptual approval of requests to permit uses which are not specifically permitted and major waivers which are not otherwise permitted: (4) The provisions of this section are intended to establish procedures by which an applicant may obtain conceptual approval. This procedure will be available only if the proposed uses generate impacts of equal or lesser intensity than the uses permitted in the underlying zoning district. The proposed uses do not need to be specifically permitted with the underlying zoning district in order to be approved pursuant to this section. a) Prior to submitting an Application for Conceptual Approval, the applicant will be required to hold a pre-application conference with the Development Review 006.107773.4 -1- Committee. The applicant may meet informally with Planning Department staff prior to holding a formal pre-application conference. b) Following the Pre-Application Conference, the applicant may submit an Application for Conceptual Approval. The Application must include a bubble plan showing the proposed uses and major waivers on the property which is the subject of the Application. For purposes of this section, a major waiver is any waiver from a standard Land Development Code requirement within a Special Overlay Area which would reduce the standard requirement by 50% or more, or any other waiver determined by the Director of Planning to be of a substantial nature. A bubble plan will have substantially less detail than a preliminary site plan and does not require engineering detail. The bubble plan is submitted for informational purposes only and approval of the proposed uses will not constitute approval of the bubble plan or impose on the City any obligation to approve a subdivision or site plan consistent with the bubble plan. c) Following receipt of the Application, review will be undertaken by City staff. The Development Review Committee will then meet and make a recommendation. d) Advertised public hearings before the Planning and Zoning Commission and the City Commission will be held to consider the Application. Procedures similar to those applicable to special exceptions will be followed. e) In the event the Application is approved by the City Commission, the following conditions and limitations will be applicable: 006.107773.4 1. The approval will only approve the proposed uses and major waivers and not the bubble plan. The City will have the right to disapprove the proposed uses and waivers in connection with its review of a preliminary subdivision or site plan if such plan is inconsistent with the bubble plan submitted with the Application or any other condition of the City approval. 2. The approval will be subject to the approval of a preliminary and final subdivision and site plan acceptable to the City Commission and in compliance with the requirements of the Land Development Code, including those regulations related to Special Overlay Areas and the special development plan and access management plan applicable therein. 3. The applicant will be required to submit a preliminary site plan and, if applicable, a preliminary subdivision plan, within 90 days from the date of approval. The approval will expire if such plan is not submitted; provided, however, that the City Commission may grant an extension of this deadline. -2- 4. The approval granted by the City Commission will be valid for one year. In the event such plan has not been approved within one year from the date of approval, then the City Commission approval pursuant to this section will automatically terminate unless extended by the City Commission. 5. The applicant will be required to maintain an active application for such plan approval and to proceed in good faith to seek final approval of any such plan. 6. Approval of the Application shall not be considered approval of the bubble plan. The bubble plan is conceptual only and its submittal with the Application will not be construed as an approval of the bubble plan or impose any obligation on the City to approve a subdivision or site plan consistent with the bubble plan. 7. The applicant shall be entitled to develop the property consistent with the Application if it complies with the conditions of approval with respect thereto and all other applicable provisions of the Land Development Code. 8. The City Commission may impose such additional conditions of approval as it deems appropriate. t) The following form will be added to the Land Development Code forms: " Application for Conceptual Approval". (It is anticipated that the application form will be similar to the form currently utilized for Special Exceptions.) An Application Review Fee and Review Deposit will be established and the applicant will be required to pay a Flat Fee plus all Review Costs. 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. 006.107773.4 -3- SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 5th day of January, 1999. ATTEST: APPROVED: (SEAL) ADVERTISED December 3 and 24 , 1998 READ FIRST TIME December 15, 1998 READ SECOND TIME AND ADOPTED January 5, 1999 UNDER AGENDA ITEM NO. VI.A.l FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY This S- day of J"2.f\J<i~ ' 1999. FOLEY &~NER By: ~ 7' bJt/ City Attorney 006.107773.4 -4-