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Home My WebLink AboutItem #02 Approval of Resolution to Extend the Temporary Moratorium on Development Orders, Development Permits, and Building Permits for Properties Located in the City’s Special Overlay Areas t ()cope „onido AGENDA ITEM COVER SHEET Meeting Date: April 4, 2017 Item # 02 Reviewed By: Contact Name: Michael Rumer-MDepartment Director: Contact Number: (407) 905-3100 x1018 City Manager: Subject: Approval of Resolution to Extend the Temporary Moratorium o eve opment Orders, Development Permits, and Building Permits for Properties located in the City's Special Overlay Areas until August 1, 2017, unless earlier terminated or extended by action of the City Commission. Background Summary: The City has established Special Overlay Areas in its Land Development Code (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. So that City staff could evaluate the current Special Overlay Area standards and recommend amendments to the Code if necessary, on November 1, 2016, the City Commission approved Ordinance No. 2016-015 to establish a moratorium on the processing and consideration of applications for development orders, development permits, and building permits for exterior modifications and new construction of properties located within the Special Overlay Areas. The moratorium applied to 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, repair facilities, and discount retail stores. The moratorium will expire on March 31, 2017, and the City wishes to extend the moratorium period described in Ordinance No. 2016-015 until August 1, 2017, 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 the ordinance establishing a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits concerning properties located within the Special Overlay Areas until August 1, 2017, 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 processing and consideration of applications for development orders, development permits, and building permits concerning properties located within the Special Overlay Areas, until August 1, 2017, unless earlier terminated or extended by action of the City Commission. Attachments: Resolution Financial Impact: N/A Type of Item: (please mark with an 51 Public Hearing For Clerk's Dept. Use: Ordinance First Reading x Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion 8 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 RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, EXTENDING FOR A PERIOD OF 123 DAYS A TEMPORARY MORATORIUM THAT IS CURRENTLY IN EFFECT 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 ORDINANCE 2016-15; 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 staff is in the process of evaluating development and use compatibility standards within the City's Special Overlay Areas (hereafter known as the "Overlay Areas"), as depicted on the map attached as Exhibit"A" to Ordinance 2016-15, which was adopted by the City Commission on November 1, 2016 to establish a moratorium on the processing and consideration of development orders, development permits, and building permits within these Overlay Areas; and WHEREAS, the City staff is currently in the process of evaluating and 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 Areas;and WHEREAS, the moratorium described in Ordinance 2016-015 will expire on March 31, 2017,and the City wishes to extend the moratorium period for an additional 123 days; and WHEREAS, Ordinance 2016-015 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 Overlay Areas for the uses or intended uses as specified in Ordinance 2016-015, adopted by the City Commission on November 1, 2016, is hereby extended for a period of 123 days by this Resolution, which is duly adopted by the City Commission on this date. The temporary moratorium is hereby extended until August 1, 2017, unless this Resolution or Ordinance 2016-015 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 2016-015 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 4'h day of April, 2017. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie, Sibbitt, 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 ,2017. SHUFFIELD,LOWMAN& WILSON,P.A. By: City Attorney EXHIBIT A Moratorium Areas i„ ,IL,/ .,-Q mh LL-�t��k� f wir NW --r ' i i' { L a /: La.a.� L1J r,72.2tv4v.---, t----- V IL P--- -.,-,C�" , 4,0 ONq•;• or1 '1� s (//LTJ jff ._ •q�. n —'' E S na Vill 1 a ., - x: .,� s,, -a_ 4 a it r o`Q o a o * � ' ,• r7 ' / Y $ _ - _ I .,^ ��:. r = Q z /4.- ill;SILVER ST •• RD �� P' -,=-4':"� 0 0 z i.� w O ` Y ,,;, .. Z WHITE RD :. 1----- z 11 : _._`_..EOR!ANDO AV� < � � 111�. E> C° CO -,. w Ft STOR .i co (f)p 1 / 0 111f•N.' .._ t _ 1( 0 ____./('-1,5(ii" ..a, „,,se , r :t di co 4V CO Nl _h esti, ��I, �J Li,./.4__. L. y EPST JEST -. "/ i'Pc rEi R 1��tt� C71 € MO 1 .. �t , r � 'r s 1 0 5 ESP a d 11 Moratorium Areas "I. 11`i � Parcel Boundaries 0 2.000 4.000 ,\.1,P , `jF- �eet GO Updated: September 2016