HomeMy WebLinkAbout2016-003 State Road 429 Study Area - Temporary Moratorium ORDINANCE 2016- 003
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
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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. Definitions. 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 Marck , 2016
APPROVED:
ATTEST: ,., CITY OF OCOEE, FLORIDA
11001% 0
Bet Eikenberry, City Clerk
usty Johri,;" j�. or
(SEAL)
ADVERTISED 2/, 2016
READ FIRST TIME rib. /69 , 2016
READ SECOND TIME AND ADOPTED
Y7txrcli / , 2016
UNDER AGENDA ITEM NO. 9
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
This Sr day of �6 , 2016.
SHUFFIELD •WMAN : WILS• ,
By - f_
City Atto N
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