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Home My WebLink AboutItem #09 Second Reading of Ordinance for a Temporary Moratorium on Development Orders, Development Permits, and Building Permits in State Road 429 Study Area ocoee florida AGENDA ITEM COVER SHEET Meeting Date: March 1, 2016 Item # Reviewed By: /Pi Contact Name: Michael Rumer Department Director: Contact Number: (407) 905-3100 x1018 City Manager: /ffW7 /-‘///; Subject: Moratorium on Development Orders, Development Permits, an = ®Ong -ermits in State Road 429 Study Area Background Summary: The City has determined a need to create a global vision for the development and redevelopment of properties located within the City limits at or around State Road 429 (Western Beltway). City staff is in the process of evaluating this area, called the State Road 429 Study Area or Study Area, and in the future will present to the City Commission a proposed ordinance or ordinances to amend the City's Comprehensive Plan and land development code affecting the permitted uses, conditional uses, prohibited uses, supplemental standards, design standards, and other development regulations governing properties within the Study Area. During this period of evaluation, City staff recommends a moratorium be established on the processing and consideration of applications for development orders, development permits, and most building permits concerning properties located within the Study Area. Projects currently under review by the City that are beyond the submittal of a Final Subdivision Plan or Final Site Plan Stage would be exempt from the impact of the Moratorium. In addition, the Moratorium Ordinance provides that a project can be exempt from the Moratorium with the approval of the City Manager and City Planner based on their determination that the project will be consistent with the Study Area amendments. The moratorium will expire on July 31, 2016, unless terminated earlier or extended by action of the City Commission. Issue: Should the Honorable Mayor and City Commissioners approve an ordinance establishing a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits concerning most properties unless exempted that are located within the State Road 429 Study Area, as described more specifically in the ordinance? Recommendations Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an Ordinance establishing a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits concerning most properties unless exempted that are located within the State Road 429 Study Area. Attachments: Ordinance including Exhibit A, map of the Study Area. Financial Impact: N/A Type of Item: (please mark with an "x") X Public Hearing For Cleik's Dept. Use: Ordinance First Reading (2/16/16) Consent Agenda X Ordinance Second Reading(3/01/16) y 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 0 N/A ORDINANCE 2016- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, IMPLEMENTING A TEMPORARY MORATORIUM UNTIL JULY 31, 2016 ON THE PROCESSING AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS, DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR PROPERTIES AT OR AROUND THE STATE ROAD 429 STUDY AREA, AS THIS AREA IS MORE SPECIFICALLY DESCRIBED IN THIS ORDINANCE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has found that there is a need to create a global vision for the development and redevelopment of properties located within the City limits and at or around State Road 429 (Western Beltway) as depicted on the map attached hereto as Exhibit "A" and incorporated herein by reference (hereafter known as the "State Road 429 Study Area" or as the "Study Area"); and WHEREAS, the City staff is in the process of evaluating the Study Area and intends to present to the City Commission a proposed ordinance or ordinances amending the City's Comprehensive Plan and land development code affecting the permitted uses, conditional uses, prohibited uses, supplemental standards, design standards, and other development regulations governing properties within the Study Area; and WHEREAS, the City wishes to place the public and all parties on notice that it is considering such amendments and is hereby creating a temporary moratorium on the acceptance, processing, and consideration of applications for development orders, development permits, and building permits concerning properties located within the Study Area; and WHEREAS, pursuant to the pending legislation doctrine set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City hereby declares and implements the pending ordinance doctrine concerning the zoning and land development regulations governing properties located within the Study Area; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. 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 3. D efinitions. For the purposes of this Ordinance, the terms "development order" and "development permit" have the same meaning as these terms are defined at Section 163.3164, Florida Statutes. Section 4. Moratorium. Unless otherwise specifically provided for in this Ordinance, the City hereby places a temporary moratorium (suspension) on the processing and consideration of all applications for development orders, development permits, and building permits for exterior modifications and new construction for all properties located within the Study Area from the effective date of this Ordinance until July 31, 2016, unless this Ordinance is terminated earlier or extended by an Ordinance or Resolution duly adopted by the City Commission. Notwithstanding the foregoing, during the moratorium period, only with approval of the City Manager and the City Planner may the City accept applications for development review for projects located within the Study Area; provided however, that the City reserves the right to require significant revision to any applications for plans that are accepted for processing during the moratorium period to ensure that the plan is in compliance with the permitted uses, conditional uses, prohibited uses, supplemental standards, design standards, and other development regulations on properties within the Study Area that are adopted by the City Commission as a result of the evaluation of the Study Area. Section 5. Exemptions. The following are exempt from the temporary moratorium established in this ordinance: the acceptance of building permit applications and issuance of building permits for the interior modification of existing structures that do not affect or alter the current use, intensity, or density of property located within the Study Area and the issuance of building permits for any project that has submitted for approval a Final Subdivision Plan or Final Site Plan prior to the effective date of this Ordinance. Section 6. Conflict. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict Section 7. 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 portions hereto. Section 8. Non-codification. It is the intention of the City Commission that the provisions of this Ordinance shall not be codified. Section 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2016 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED , 2016 READ FIRST TIME . 2016 READ SECOND TIME AND ADOPTED , 2016 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY This day of , 2016. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney Exhibit A: State Road 429 Study Area LAKE APOPKA P Qo\�� West Road O° rso c,°cam oGOee °aa A29 O:a Fullers Cross Road tnru Fullers Cross Road - (D Ai iilmig r- (% Amu 0 a) N V 10 1lI , _ (,9 1iti.1_.a p a CZ o U .E 41. ct cC V) a o cr. ffl Q , gr.�n 9l o o f �s� .. 1,7_,� gi=-'MTh,'c• O 0 U 2 Silver Star Road e�ar`s�te Franklin Stree McKey Street < P\ � LAKE STARKE o„ co ora treet —, ,R,;. O L i c:, 11 If r1l= f� Vii:lbised . ,n� . , - .Okr I d� u :—:—.....v::nu 1� Story Road nm II_ — :: _J Go � x ECG; G Colonial Drive Moratorium Areas Parcel Boundaries 0 a co City of Ocoee Unincorporated Territory a and Other Municipalities 0 0.25 0.5 m Miles Updated: January 2016