VI (A) First Reading of Ordinances No. 99-01, Establishing Procedures to Obtain Conceptual Approvals within Special Overlay Areas, Land Development Code Amendment Agenda�� 12-15-98
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" el ORc MMIssIONER
S. SCOTT VANDERGRIFT
` Ocoee
o COMMISSIONERS
CITY OF OCOEE DANNYHOWELL
• SCOTT ANDERSON
150 N.LAKESHO
�r RE DRIVE
a
p OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS
NANCY J.PARKER
(407)656-2322
j��111\ ``�� CITY MANAGER
OP GOOV ELLIS SHAPIRO
STAFF REPORT
DATE: December 9, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Abra E. Home, AICP, Principal Planner ja.
THROUGH: Russell B. Wagner, AICP, Director of Planning P2'
SUBJECT: Ordinance No 99-01: Special Overlay Area Conceptual Approval Procedures
ISSUE:
Should the Honorable Mayor and City Commissioners adopt Ordinance Number 99-01
establishing a procedure for obtaining conceptual approvals within Special Overlay Areas?
BACKGROUND:
Recently, the City Commission adopted Ordinance #98-12 enacting the State Road 50 Activity
Center Special Development Plan. The Special Development Plan encourages developers to
propose innovative development concepts that may include mixed- or multi-use projects and
requests for major waivers. As Staff has begun to implement the State Road 50 Activity Center
Special Development Plan, we have determined that in certain instances that it may be
appropriate for a development proposal to be reviewed by the Planning and Zoning
Commission and City Commission prior to final design. If approved, the draft Ordinance would
affect properties located within the State Road 50 Activity Center Special Overlay Area as well
as properties within any other Special Overlay Area (Activity Centers, Interchange Impact
Areas, and the Downtown Redevelopment Area).
DISCUSSION:
After carefully considering the issues, Staff has drafted an Ordinance that would permit a
developer to seek permission to proceed with a specific development program prior to the
expenditure of significant time, money, and resources. The Ordinance has been drafted so that
the City Commission could decide on a site specific basis, totally at their discretion, whether or
not to allow a proposed use or grant a major waiver. "Proposed use" is any use that is not
specifically allowed by the underlying zoning district and future land use designation.
"Major waiver" is defined as any waiver from a standard Land Development Code or special
development plan requirement which would reduce the standard requirement by 50% or more
or any other waiver determined by Staff to be of a substantial nature. To apply, an applicant
would be required to submit a bubble plan depicting the proposed uses and major waivers.
There will be no automatic or Staff level approvals of proposed uses and major waivers.
In order to be approved, a project would have to be approved by the Planning and Zoning
Commission and City Commission at an advertised public hearing.
O1
Staff Report to the Honorable Mayor and City Commissioners
Subject: Special Overlay Area Conceptual Approval Procedures
December 9, 1998
Page 2
By utilizing this approach, both Staff and the developer will be given clear direction at the
initiation of a project to know how to proceed with the more detailed review process. It should
be understood that once the City Commission gives approval for a proposed use or major
waiver, the developer has the legal right to rely on that action relative to future City approvals.
For example, if the City approved a mixed land use of apartments and offices and allowed less
parking spaces than normally required, then the City Commission would be required to accept
this development approach as part of the final plan for the project, assuming all other Land
Development Code requirements are met.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On December 8, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the proposed Ordinance. The Planning and Zoning Commission Members said that
they were glad that they would have an opportunity to review requests for proposed uses and
major waivers early in the process. After a brief discussion, the Planning and Zoning
Commission voted unanimously to recommend approval of Ordinance 99-01.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt
Ordinance Number 99-01 establishing a procedure for obtaining conceptual approvals within
Special Overlay Areas.
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Attachment: Ordinance Number 99-01
\\GIS_DOC1\PLANNING\CALEXANDERALL DATA\CAPDFILE\Staff Reports\CC SR\SR98071.Doc
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ORDINANCE NO. 99-01
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO SPECIAL OVERLAY AREAS; AMENDING
PROVISIONS OF CHAPTER 180 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY
REVISING SECTION 4-6.C. OF ARTICLE IV TO
ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL
APPROVALS OF PROPOSED USES AND MAJOR
WAIVERS FOR DEVELOPMENT WITHIN SPECIAL
OVERLAY AREAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to establish
procedures to obtain conceptual approval of proposed uses and Major Waivers within Special
Overlay Areas; and
WHEREAS, the City Commission desires to promote innovative development
within Special Overlay Areas; and
WHEREAS, the City Commission desires to give conceptual approval to
prevent the needless expenditure of time, money, and resources on the review of unacceptable
development projects.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. 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 2. Conceptual Approval Procedures. Section 4-6.C. of Article IV
of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to
include the following provisions for obtaining conceptual approval of requests to permit uses
which are not specifically permitted and major waivers which are not otherwise permitted:
(4) The provisions of this section are intended to establish procedures by which an
applicant may obtain conceptual approval. This procedure will be available only if the
proposed uses generate impacts of equal or lesser intensity than the uses permitted in
the underlying zoning district. The proposed uses do not need to be specifically
permitted with the underlying zoning district in order to be approved pursuant to this
section.
a) Prior to submitting an Application for Conceptual Approval, the applicant will
be required to hold a pre-application conference with the Development Review
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Committee. The applicant may meet informally with Planning Department staff
prior to holding a formal pre-application conference.
b) Following the Pre-Application Conference, the applicant may submit an
Application for Conceptual Approval. The Application must include a bubble
plan showing the proposed uses and major waivers on the property which is the
subject of the Application. For purposes of this section, a major waiver is any
waiver from a standard Land Development Code requirement within a Special
Overlay Area which would reduce the standard requirement by 50% or more, or
any other waiver determined by the Director of Planning to be of a substantial
nature. A bubble plan will have substantially less detail than a preliminary site
plan and does not require engineering detail. The bubble plan is submitted for
informational purposes only and approval of the proposed uses will not
constitute approval of the bubble plan or impose on the City any obligation to
approve a subdivision or site plan consistent with the bubble plan.
c) Following receipt of the Application, review will be undertaken by City staff.
The Development Review Committee will then meet and make a
recommendation.
d) Advertised public hearings before the Planning and Zoning Commission and the
City Commission will be held to consider the Application. Procedures similar
to those applicable to special exceptions will be followed.
e) In the event the Application is approved by the City Commission, the following
conditions and limitations will be applicable:
1. The approval will only approve the proposed uses and major waivers and
not the bubble plan. The City will have the right to disapprove the ,
proposed uses and waivers in connection with its review of a preliminary
subdivision or site plan if such plan is inconsistent with the bubble plan
submitted with the Application or any other condition of the City
approval.
2. The approval will be subject to the approval of a preliminary and final
subdivision and site plan acceptable to the City Commission and in
compliance with the requirements of the Land Development Code,
including those regulations related to Special Overlay Areas and the
special development plan and access management plan applicable therein.
3. The applicant will be required to submit a preliminary site plan and, if
applicable, a preliminary subdivision plan, within 90 days from the date
of approval. The approval will expire if such plan is not submitted;
provided, however, that the City Commission may grant an extension of
this deadline.
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4. The approval granted by the City Commission will be valid for one year.
In the event such plan has not been approved within one year from the
date of approval, then the City Commission approval pursuant to this
section will automatically terminate unless extended by the City
Commission.
5. The applicant will be required to maintain an active application for such
plan approval and to proceed in good faith to seek final approval of any
such plan.
6. Approval of the Application shall not be considered approval of the
bubble plan. The bubble plan is conceptual only and its submittal with
the.Application will not be construed as an approval of the bubble plan
or impose any obligation on the City to approve a subdivision or site
plan consistent with the bubble plan.
7. The applicant shall be entitled to develop the property consistent with the
Application if it complies with the conditions of approval with respect
thereto and all other applicable provisions of the Land Development
Code.
8. The City Commission may impose such additional conditions of approval
as it deems appropriate.
f) The following form will be added to the Land Development Code forms:
"Application for Conceptual Approval". (It is anticipated that the application
form will be similar to the form currently utilized for Special Exceptions.) An
Application Review Fee and Review Deposit will be established and the
applicant will be required to pay a Flat Fee plus all Review Costs.
SECTION 3. SeverabilitI. 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 portion
hereto.
SECTION 4. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
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SECTION 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1998
READ FIRST TIME , 1998
READ SECOND TIME AND ADOPTED
, 1998
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY
This day of , 1998.
FOLEY&LARDNER
By:
City Attorney
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; I-6 .The Odando Sentinel,Thursday.December 3,1988 OR1 .
CITY OF OCOEE '' •.
NOTICE OFAN AMENDMENT TO THE•
OCOEE LAND DEVELOPMENT CODE
TO ESTABLISH PROCEDURES FOR
OBTAINING CONCEPTUAL APPROVALS;
USES,AND MAJOR WAIVERS WITHIN
SPECIAL OVERLAY AREAS
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NOTICE IS HEREBY GIVEN,pursuant to Sections 1-10 and 5-9 of
the Ocoee Land Development Code and Chapter 166.041,Florida
Statutes, that the Ocoee City•Commission proposes to, the
following ordinance: . ry
AN ORDINANCE OF THE CITY OF.000EE,FLORIDA, .
RELATING TO SPECIAL OVERLAY AREAS;AMENDING.
. PROVISIONS OF CHAFFER ISO OF THE,CODE:OF. ..
ORDINANCES OF THE CITY OF OCOEE,FLORIDA BY "'
REVISING SECTION 4-6 C., OF ARTICLE IV TO
ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL
APPROVALS OF PROPOSED USES AND MAJOR
• WAIVERS FOR DEVELOPMENT WITHIN SPECIAL
OVERLAY AREAS,PROVIDING FOR SEVERABILITY•
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. -
A map depicting the affected areas is included below:
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The proposed Ordinance would amend Section 4 6 C.of the Ocoee Land
Development Code to include provisions for obtaining
conceptual approvals for requests to permit Uses which are 'not
specifically listed and for major waivers that are not otherwise
permitted.The proposed amendment will affect properties located within
Ocoee's Special Overlay Areas(the Downtown Redevelopment Area,
Activity Centers,and Interchange Impact Areas).,
The Ocoee City Commission will hold the first of two public hearings
concerning the proposed Ordinance on Tuesday..December 15.1998 at
7:15 p.m.,or as soon thereafter as practical,and the second of two
public hearings on.Tuesday,January 5,1999 at 7:30 p.m.,or as soon
thereafter as practical,at the Ocoee City Commission Chambers 150
North Lakeshore Drive, Ocoee, Florida The City Commission may
continue the public hearing to other dates and times as they deem
necessary.Any interested'party shall be advised that the dates,times,and
places of any continuation of this or continued public.bearings shall be
announced during the hearing and that no further notices regarding these
matters will be published.
A copy of the proposed Ordinance may be inspected by the public at the
Ocoee Planning Department,150 North Lakeshore Drive,Ocoee,Florida,
between the hours of 8:00 am,and 5:00 p.m,Monday through Friday
except legal holidays.Interested parties may appear at the public bearing
and be heard with respect to the proposed Ordinance.Any person wishing
to appeal any decision made with respect to any matter considered at the
public hearing may need a record of the pgomsprOng and for this purpose
may need to ensure that a verbatim*cord of proceedings is made
which includes the testimony and evidence upon which the appeal is .
based.Persons with disabilities needing assistance to participate in any of
the proceedings should contact the City Clerk's Office 48 hours In advance
of the meeting at(407)656.2322.
Jean Grafton,City Clerk December 3,1998 and D srber',24,1998