HomeMy WebLinkAboutItem #09 First Reading of Ordinance Proposing a Temporary Moratorium on Development in Special Overlay Areas ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 18, 2016
Item #
Reviewed By: r
Contact Name: Scott Cookson, City Attorney Department Director:
Contact Number: (407) 581-9800 City Manager: /// /-
Subject: Temporary Moratorium on Development Orders, Development Permits, and Building
Permits in the City's Special Overlay Areas
Background Summary:
The City has established Special Overlay Areas in its Land Development Code for the purpose of
facilitating unique development activities in areas where there is a need for coordination among
landowners in the development of the area. The four types of Special Overlay Areas identified in the
Land Development Code are Interchange Impact Areas, the Downtown Redevelopment Area, Activity
Centers and CRA Target Areas.
On September 6, 2015, City staff made a presentation to the City Commission relating to the
development and redevelopment of parcels within the Special Overlay Areas. Topics of specific
concern to staff and the City Commission is the redevelopment of parcels within the Overlay Areas,
density and compatibility concerns with development and redevelopment, allowable uses in the
overlay, and the development of zoning standards that will enhance economic development and
redevelopment in the Overlay Areas with the following uses or intended uses: pharmaceutical
dispensaries, fast food and other drive through restaurant establishments, check cashing stores, self-
storage facilities, vehicle and tire service, sales, and repair facilities, and discount retail stores.
City Staff recommended the City Commission adopt a moratorium in order to allow staff the time to
evaluate the current Special Overlay Area standards and update the standards as necessary.
Issue:
Should the Honorable Mayor and City Commissioners approve an ordinance establishing a temporary
moratorium until March 31, 2017, on the processing and consideration of applications for development
orders, development permits, and building permits concerning properties that are located within the
Special Overlay Areas, 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 until March 31, 2017, on the processing and
consideration of applications for development orders, development permits, and building permits
concerning properties that are located within the Special Overlay Areas, as described more
specifically in the ordinance.
Attachments:
Ordinance including Exhibits A (Special Overlay Areas).
Financial Impact:
N/A
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept. Use:
X Ordinance First Reading Consent Agenda
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 2016-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
IMPLEMENTING A TEMPORARY MORATORIUM UNTIL MARCH 31,
2017 ON THE PROCESSING AND CONSIDERATION OF
APPLICATIONS FOR DEVELOPMENT ORDERS, DEVELOPMENT
PERMITS, AND BUILDING PERMITS FOR PROPERTIES LOCATED
WITHIN THE SPECIAL OVERLAY AREAS, AS 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 revise code standards
relating to the development and create standards relating to the redevelopment of
properties located within the City Special Overlay Areas, as depicted on the map attached
hereto as Exhibit "A" and incorporated herein by reference (hereafter known as the
"Special Overlay Areas" or as the "Overlay Areas"); and
WHEREAS, the City staff is in the process of evaluating development and use
compatibility standards in the Special Overlay Areas and intends to present to the City
Commission a proposed ordinance or ordinances amending the City's Comprehensive
Plan and/or land development code for the purpose of updating said standards specifically
as they relate to uses, architecture, and compatibility, and the development of zoning
standards that will enhance economic development and redevelopment within the Overlay
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
Overlay Areas with the following uses or intended uses: pharmaceutical dispensaries, fast
food and other drive through restaurant establishments, check cashing stores, self-storage
facilities, vehicle and tire service, sales, and repair facilities, and discount retail stores; 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 Overlay Areas; 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 Overlay Areas with the following uses or intended uses:
pharmaceutical dispensaries, fast food and other drive through restaurant
establishments, check cashing stores, self-storage facilities, vehicle and tire service,
sales, and repair facilities, and discount retail stores. The moratorium shall be from the
effective date of this Ordinance until March 31, 2017, 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 Overlay Areas which are otherwise
hereby restricted; 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 Overlay Areas that are adopted by the
City Commission as a result of the evaluation of the Overlay Areas.
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 Overlay Areas 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
Melanie Sibbitt, Acting 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
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