HomeMy WebLinkAbout2017-007 Resolution Extending for a Period of 123 Days a Temporary Moratorium Located within the Special Overlay Areas RESOLUTION NO. 2017-007
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 2016-015; 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 2016-015, 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 4th day of April, 2017.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
la )(Mil.
Melanie, Sibbitt, City Clerk Rusty John 111 ayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. 2
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this 474 day off 'f WIC , 2017.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
ty Attu'
EXHIBIT A
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