HomeMy WebLinkAboutItem #03 Approval of Resolution for Extension of Temporary Moratorium on Development Orders, Development Permits, and Building Permits in the State Road 429 Study Area until October 31, 2016 ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: August 2, 2016
Item # �1
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: (407) 905-3100 x1018 City Manager: I /•
Subject: Extension of Temporary Moratorium on Development Orders, Development Permits,
and Building Permits in State Road 429 Study Area until October 31, 2016 unless earlier
terminated or extended by action of the City Commission.
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 acceptance, processing, and consideration of applications for
development orders, development permits, and building permits concerning properties located within
the Study Area.
The moratorium is set to expire on July 31, 2016, and the City wishes to extend the moratorium period
described in Ordinance 2016-003 for an additional ninety days until October 31, 2016 unless earlier
terminated or extended by the City Commission.
Issue:
Should the Honorable Mayor and City Commissioners approve a resolution to provide an extension to
an ordinance establishing a temporary moratorium on the acceptance, processing, and consideration of
applications for development orders, development permits, and building permits concerning properties
located within the State Road 429 Study Area until October 31, 2016 unless earlier terminated or
extended by action of the City Commission, as described more specifically in the ordinance?
Recommendations:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve a
Resolution extending a temporary moratorium on the acceptance, processing, and consideration of
applications for development orders, development permits, and building permits concerning properties
located within the State Road 429 Study Area until October 31, 2016 unless earlier terminated or
extended by action of the City Commission.
Attachments:
Resolution
Ordinance including Exhibit A, map of the Study Area.
Financial Impact:
N/A
Type of Item: (please mark with an 'k')
Public Hearing For Clerk's Dept. Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X 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
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
EXTENDING FOR A PERIOD OF NINETY DAYS A
TEMPORARY MORATORIUM THAT IS CURRENTLY IN
EFFECT FOR THE STATE ROAD 429 STUDY AREA, AS
THIS AREA IS MORE SPECIFICALLY DESCRIBED IN
ORDINANCE 2016-003, ON THE PROCESSING AND
CONSIDERATION OF APPLICATIONS FOR
DEVELOPMENT ORDERS, DEVELOPMENT PERMITS,
AND BUILDING PERMITS FOR PROPERTIES AT OR
AROUND THE STUDY AREA; PROVIDING FOR
SEVERABILITY; 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 is creating 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 as Exhibit "A" to Ordinance 2016-003, which was adopted by the
City Commission on March 1, 2016 (hereafter known as the "State Road 429 Study Area" or as the
"Study Area"); and
WHEREAS, the City staff is currently 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 moratorium is set to expire on July 31, 2016 and the City wishes to extend
the moratorium period described in Ordinance 2016-003 for an additional ninety days; and
WHEREAS, Ordinance 2016-003 allows the City Commission to extend the moratorium
period by adoption of a Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes.
SECTION 2. Moratorium Extended. The 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, as adopted by Ordinance 2016-003 on March 1, 2016, is hereby
extended for a period of ninety days by this Resolution, which is duly adopted by the City
Commission on this date. The temporary moratorium is hereby extended until October 31, 2016,
unless this Resolution or Ordinance 2016-003 is terminated earlier or extended by an Ordinance
or Resolution duly adopted by the City Commission. All other terms, conditions, and exemptions
adopted by the City Commission in Ordinance 2016-003 are hereby reaffirmed and remain in full
force and effect until the termination of the moratorium.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution 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. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 2nd day of August, 2016.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 20 .
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
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
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 #7arcti , 2016
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
1111704 '
Bet Eikenberry, Clerk `! _•�►
ry, City e
usty John; or
(SEAL)
ADVERTISED Fib. 41 MAt4b.21, 2016
READ FIRST TIME Feb, If/ , 2016
READ SECOND TIME AND ADOPTED
2-17i/di / , 2016
UNDER AGENDA ITEM NO. 9
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
This iv'day of , 2016.
SHUFFIELD •WMAN WILS• ,
By:
_4 City Atto
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