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Home My WebLink About2016-015 Special Overlay Areas Applications for Development - Temporary Moratorium ORDINANCE NO. 2016-015 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, 1 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 2 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. [Signatures to Follow] 3 r PASSED AND ADOPTED this j day of 4i2, L r , 2016. APPROVED: ATTEST: CITY OF ► OEE, FLORIDA T1A&L i / / / Melanie Sibbitt, City Clerk \,Tarty'44111114 Rusty John on, ayor (SEAL) ADVERTISED Slpi 4Ir 22 , 2016 READ FIRST TIME ,9cf /1 , 2016 READ SECOND TIME AND ADOPTED Novemb€r ... . , 2016 UNDER AGENDA ITEM NO. 9 FOR USE AND RELIANCE ONLY BY (Temporary Moratorium on Development in Special THE CITY OF OCOEE, FLORIDA; Overlay Areas) APPROVED AS TO FORM AND LEGALITY This FSTday of IJc:A/, , 2016. SHUFFIELD, LOWMAN &WILSON, P.A. By: � � Y• _ 0-*City " 4 EXHIBIT A Moratorium Areas ,c r( o_ — �� r sue,. V_ oII n i „,....P w.. .: - 'r 5 L, .i 1 , .W MB Lill ---'---- '--is ''A ,!s- Its I n 1l ,,,- �.: 1 11N / /,� S4Ik ` I 535 E"+�§ i' r I gj�I L .�: 1 `ems 44* I1,� ��w QNA: 1 r i .�S.y it.,_.--- w� Sil1T,, k i : i ^, : Rem nit .,,,,.. I 5 'S.i "x' n v7 H F F 11 rrla ¢�. l.,_ . <, .f.0 _ a fi z;IG .,,;:0111%!---j Z ..I LL.■.. 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