Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item #06 Land Development Code Amendment - Extension of Approved Preliminary/Final Subdivision Plans and Preliminary/Final Site Plans until December 31, 2015
`` 'J 0 C 0( (-> florido AGENDA ITEM COVER SHEET Meeting Date: May 20, 2014 Item # Contact Name: Contact Number Michael Rumer (407)905-3100x1018 Reviewed By: Department Director: City Manager: Subject: Land Development Code Amendment — Section 4 -12 Extensio�(i of Approved Preliminary /Final Subdivision Plans & Preliminary /Final Site Plans until December 31, 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 December 31, 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. The ordinance creates two conditions in order for the extension to be in effect: i) The project applicant must request an extension in writing; and ii) All outstanding developer review accounts are paid 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 December 31, 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 December 31, 2015. Attachments: Ordinance Financial Impact: 1►C•m Type of Item: (please mark with an 'Y) X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X 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 N/A Reviewed by Finance Dept. N/A Reviewed by () 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 DECEMBER 31, 2015, CERTAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY SUBDIVISION 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 recognized 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, extended and renewed for an additional period of 2 years after its previously scheduled expiration date of March 1, 2012 per Ordinance 2009 -014, and WHEREAS, the City Commission retroactively extended the expiration dates from March 1, 2012 to March 1, 2014 of certain Preliminary Plans and Final Plans per Ordinance 2012-005; and WHEREAS, the City Commission desires to retroactively extend the expiration dates from March 1, 2014 to December 31, 2015 of certain Preliminary Plans and Final Plans pursuant to the requirements as set forth herein. 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, 2014 which has not obtained approval of a Final Site Plan (for either the entire project or the approved first phase) as of March 1, 2014 is hereby granted an extension until December 31, 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 so long as the Owner or Developer complies with the requirements of Section 4 -12 -F. B. Any Final Site Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2014 which has not commenced construction as of March 1, 2014 is hereby granted an extension until December 31. 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 so long as the Owner or Developer complies with the requirements of Section 4 -12 -F. C. Any Preliminary Subdivision Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2014 which has not obtained approval of a Final Subdivision Plan (for either the entire project or the approved first phase) as of March 1. 2014 is hereby granted an extension until December 31. 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 full 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 so long as the Owner or Developer complies with the requirements of Section 4 -12 -F. D. Any Preliminary Subdivision Plan and related Final Subdivision Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2014 which has not commenced construction as of March 1, 2014 is hereby granted an extension until December 31, 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 I80 of the Ocoee City Code or any other Code provision to the contrary so long as the Owner or Developer complies with the requirements of Section 4 -12 -F. 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. F. To implement the provisions of this ordinance" the City will send the Owner /Applicant of an expired Preliminary Plan or Final Plan" a letter to determine if the Owner /Applicant desires to extend the Preliminary Plan or Final Plan. Any Owner /Applicant desiring to extend an expired Preliminary Plan or Final Plan shall respond (the "Response") to the City within thirty (30) days from the date of the City's Letter and shall pay any applicable Development Review Fees (the - Fees"). Once the Owner /Applicant "s Response and Fees are timely received by the City" the expired Preliminary Plan or Final Plan shall be extended until December 31, 2015. At the time the Owner /Applicant proceeds with the development of the property related to the Preliminary Plan or Final Plan, the Owner /Applicant acknowledges that the Preliminary Plan or Final Plan shall be modified to meet current Code requirements. 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) day of APPROVED: .2014. CITY OF OCOEE, FLORIDA S. Scott Vandergrift. Mayor FOR USE AND RELIANCE ONLY BY ADVERTISED , 2014 THE CITY OF OCOEE, FLORIDA. READ FIRST TIME , 2014 APPROVED AS TO FORM READ SECOND TIME AND ADOPTED AND LEGALITY , 2014 UNDER AGENDA ITEM NO. this day of 2014. SHUFFIELD, LOWMAN & WILSON, P.A. C City Attorney -4- �� �/ Uu G�1lU! F' l�u 1111J� 11 !1 I1C�'11 lltl au'�u�tt yc�iya uue vuv�, �,:voxdu uuu����,b Date PuMshed and Media Names JG I Orange Extra I Orlando Sentinel Sunday, February 23, 2 014 NOTICE'OF PUISLN HEARING FORM AMEN DMENT$TO THE O�COEE L ►N� DEVELOPMENT C' -0E NOTICE IS HEREBY given that the City of Ogee City Commission will consider a proposed Amendment to ' the City of Ocoee Land • Developrrieiit .ode relating to amending Section 4-12 of Chapter t 180 which . will extend until March 3, 2015, ce�W greylously approved Preliminary.,Subdivision & Site Plans and Final Subdivision & Site Plans. The OCOEE CITY COMMISSION - vsrill hold a' public hearing on the proposed amendment on TUESDAY, MARCH 4, 2014, AT 7115 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 ORDINANGt , yr , i nc FLORIDA EXTENDIN CERTAIN DEVELOPMENT APPROVALS; AMENDING CERTAIN PI;OVIStiONS OF THE OCOEE LANb DEVELOPMENT; COpE,` CHAPTER 180,OF THE � CO I E.OF ONDINANCES OF THE CITY OF OO EE; FLORIDA, BY— REVISING SECTION , A-1 . 2 : OF ARTICLE. IV TO EXTEND UNTIL ' NI RCH ,5, 20'15 �t:BR`TM `; PREVIOUSLY ; APPR VED "T :IMINARY PLANS, PRELIMINARY,SUBD - a FINAL SITE PLAl3 PLANS; PROVI+IS AND FINAL S`llDDllrli DING 'FOIE COC►D _. PROVIDING : FORt,SEVERABILITY,,,PROVIpIN< -: AN EFFECTIVE DATE Interested parties may appear at the public hearing end be heard with respect to the, proposed acts ns above. The complete case file may be inspected located at "150 North AW, ,,nore urrye, v T �+ _ between the hours m and 0 Monday through Friday,'excep"iegal h ys. Th'et City Commission may continue these public hearings to other dates and times as jt dee ms n . rY' rty 'shell be adv Any interested a ise of4ses.° .T times,' and places' of any continuation of"th se'or continued public hearings shat( be announced during the'hearing.and no further notices regarding these matters will be published. You are advised, that any person who desiresjo appeal any decision made at the public `hearings `will need a record of 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-6e City Clerk's office 48 hours in advance of the meeting at 407- 905 -3105, Beth Eikenberry, City Clerk The Orlando Sentinel 633 North Orange Avenue MP 132 Orlando, FL 32801 City of Ocoee #CU00104366 To: Diana Turner This is to confirm that the advertisement for City of Ocoee published in The Orlando Sentinel on the following date. Publication Date: Sunday, February 23, 2014 Ad Caption: 14 -015 LDC EXT AF APP PLANS Section: Zone - Orange Size: 2 columns x 10.5" Job: #2171117 Should you need further information, please feel free to contact me Sincerely, Aracelis Crespo Account Representative Assistant The Orlando Sentinel /mdu State of Florida County of Orange The foregoing instrument was acknowledged before me this 26"' day of February 2014, by Aracelis Crespo, who is personally known to me. of Florida at Large CITY OF OC-014- NOTICE OF POOLJ HEARING FOR AN' AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE Y NOTICE IS HEREBY given thatthe City of Ocoee City Commission will consider a proposed Amendment to the City of Ocoee LandDevelopman Gode relating to amending Section 4 -12 of I 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 4,1014, 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 DEVELOi?1V�EfT , APPROVALS; AMENDING CERTAIN PROVISIONS 11 OF THE OGEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ,ORDINANCE$ OF THE CITY OF OCOEE, FLORIDA; BY REVISING SECTION 442 OF ARTICLE IV_ TO EXTEND UNTIL "':'M PLANS, PRELIMINARYsutsuwiaiv FINAL SITE ..PLANS -AND EIIJAL W DIVISh PLANS; PROVIDING � FOR COblirlA� PROVIDING FOR SEVERA0ILI* PR ©YIDII AN EFFECTIVE D,ATE�: . Interested parties may appear at the public hewing erid be heard with respect to the -proposed acfiQns above. The complete case file may be Inspected at the ;Ocoee r_ Development SeM D partment/Plannngblsio ' located at 150 North Lakhore Drive, Ocl, on�; between the hours ;of 8 00 a.m; and;b0 Monday through Friday, except legal holidays: The City Commission may continue these public hearings to other dates and times, ,as it deems . ary � -1_ Any interested iparty 'shall be advised of "e claes�, ; times,' and ;places of any contin fhese�or -,, continued public hearings s�a11':be •announced during the`hearing. and no further notices regarding these matters will be published. You are ,advlsedi, that any person who desires to appeal any 7decis>ot m ade at the public hearing's will need' B Ni 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 Clerk oo T Ad `! eC��1 ����� o o�r� u� the point >�ed6�� Date PubUshed and fi&, ed a dame G2 I Orlando `;r --rtinel Thursday, ' May 8, 2014 AdvevHsement or AnUde CITY OF OCOEE - ,1 NOTICE OF PUBLIC HEA ` IN" FOR AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT COD NOTICE IS HEREBY given that the City Of Ocdeb` L'i Commission will consider a proposed Amelidihd, . to the City of Ocoee Land Development Code t� to amending Section 4 -12 of Chapter 180 which Will extend until December 31, 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, MAY 20, 2014, AT 7:15 PM or as soon thereafter as practical. Thi_poic hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive, Ocoee. AN ORDINANCE OF THE . CITY OF OCOEE, FLU A EXTENDING CERTAIN DEVELOPMENT Af AMENDING CERTAIN PROVISIONS OP LAND DEVELOPMENT CODE, CHAPTER 1130 CODE OF ORDINANCES OF THE. CITY DF y lillC; FLORIDA, BY REVISING SECTION 4 -12 QF Z& IV TO EXTEND UNTIL DECEMBER 31,2015 CEF3TAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY SUBDIVISIONS PLANS, FINAL, SITE PLANS AND FINAL SUBDIVISION PLANS; PROVIDING FOR CODIFICATIQN; 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 of the dates, times, and places of any continuation of these or 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 record of 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 Offic( 48 hours in advance of the meeting at 407 - 905 -3105. Beth Eikenberry, City Clerk Thursday, May 8, 201, The Orlando Sentinel 633 North Orange Avenue MP 132 Orlando, FL 32801 City of Ocoee #CU00104366 To: Diana Turner This is to confirm that the advertisement for City of Ocoee published in The Orlando Sentinel on the following date. Publication Date: Thursday, May 08, 2014 Ad Caption: Land Dev. Code Section: Zone: Orange Size: 2 columns x 10.5" Job: #2357985 Should you need further information, please feel free to contact me. Sincerely Aracelis Crespo Account Representative Assistant The Orlando Sentinel /mdu State of Florida County of Orange The foregoing instrument was acknowledged before me this 8` day of May 2014, by Aracelis Crespo, who is personally known to me.:' of Florida at Large �= ="— <sY JI LEE D. OI.ARK MIY COMMISSION # EE 141771 P EXPIRES: November 25, 2015 ?;o< ;'.•` Bondnd Than Notary Public Underwriters `iaeuniaaNUSa::�u`s�a %�u� =<. CITY OF OCOEE;i�: NOTICE OF PUBLIC HE 1N`0 FOR AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE NOTICE IS HEREBY given that the City of Ocde8 Commission will consider a proposed Amendr18t•` to the City of Ocoee Land Development Code retati* to amending Section 4 -12 of Chapter 180 which wile extend until December 31, 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, MAY 20, 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, FLO V EXTENDING CERTAIN DEVELOPMENT APPS AMENDING CERTAIN PROVISIONS OF TF LAND DEVELOPMENT CODE, CHAPTER 180 =9F . CODE OF ORDINANCES OF THE. CITY OF t6Cdk, FLORIDA, BY REVISING SECTION 4 -12 OF AWTI6i IV TO EXTEND UNTIL DECEMBER 31, 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 parry shall be advised of the dates, times, and places of any continuation of these or 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 record of 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 Clerk Thursday, May 8, 2014