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Ordinance 2010-002 Amendment to Land Development ORDINANCE NO. 2010-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW SECTION 4-12 OF CHAPTER 180 OF THE OCOEE CITY CODE LAND DEVELOPMENT CODE WHICH EXTENDS UNTIL MARCH 1, 2012 CERTAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY SUBDIVISIONS PLANS, FINAL SITE PLANS AND FINAL SUBDIVISION PLANS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, also known as the Ocoee Land Development Code, Article IV, sets forth certain time periods following approval of a preliminary site plan and/or preliminary subdivision plan (collectively, "Preliminary Plans") within which a final plan approval must be obtained and/or construction must commence; and WHEREAS, the Ocoee Land Development Code, Article IV, also sets forth certain time periods following approval of a final site plan and/or final subdivision plan (collectively, "Final Plans") within which construction must commence; and WHEREAS, the Ocoee Land Development Code provides for the automatic termination of Preliminary Plans and Finals Plans if the subsequent events required by the Land Development Code do not occur; and WHEREAS, the City Commission recognizes that the timeline for some developments within the City have been delayed due to the current economic conditions and that it is not in the best interests of either the City or the developer/applicant to allow for the expiration of the Preliminary Plans and the Finals Plans; and ORLA_1485768.2 WHEREAS, the City Commission desires to retroactively extend the expiration dates of certain Preliminary Plans and Final Plans as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. 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. Extension of Aoorovals. Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended by the adoption of a new Section 4-12 as follows: Section 4-12. Extension of Preliminary and Final Subdivision and Site Plan Approvals. A. Any Preliminary Site Plan approved by the City Commission after January 1,2005 and prior to March 1, 2010 which has not obtained approval of a Final Site Plan (for either the entire project or the approved first phase) as of March 1,2010 is hereby granted an extension until March 1,2012 in order to obtain approval ofa Final Site Plan (for either the entire project or the approval of the first phase) and such Preliminary Site Plan shall remain approved and in full force and effect notwithstanding the provisions of Section 4-3.A(6) of Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary. B. Any Final Site Plan approved by the City Commission after January 1, 2005 and prior to March 1,2010 which has not commenced construction as of March 1,2010 is hereby granted an extension until March 1,2012 in order to commence construction and such Final Site Plan shall remain approved and in full force and effect notwithstanding the provisions of Section 4- 3.C of Article IV of Chapter 180 ofthe Ocoee City Code or any other Code provision to the contrary . C. Any Preliminary Subdivision Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2010 which has not obtained approval of a Final Subdivision Plan (for either the entire project or the approved first phase) as of March 1,2010 is hereby granted an extension until March 1, 2012 in order to obtain approval of a Final Subdivision Plan (for either the entire project or the approval of the first phase) and such Preliminary Subdivision Plan shall remain approved and in full force and effect notwithstanding the provisions of Sections 4- ORLA_1485768.2 -2- 4.G(1)(g) and 4-5.0 of Article IV of Chapter 180 ofthe Ocoee City Code or any other Code provision to the contrary. D. Any Preliminary Subdivision Plan and related Final Subdivision Plan approved by the City Commission after January 1, 2005 and prior to March 1, 2010 which has not commenced construction as of March 1,2010 is hereby granted an extension until March 1,2012 in order to commence construction and such Preliminary Subdivision Plan and related Final Subdivision Plan shall remain approved and in full force and effect notwithstanding the provisions of Sections 4-4.G(3) and 4-5.G of Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary. E. To the extent that any annexation agreements, developer agreements, or other agreements entered into by the City conflict with the provisions of this Section 4-12, it is the intent of the City that the provisions of this Section 4-12 shall control; provided, however, that nothing contained herein shall be construed as extending any other deadlines, schedules, time lines or performance obligations contained in any such agreements. SECTION 3. 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. SECTION 4. 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 portion hereto. ORLA_1485768.2 -3- I I SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this J~~day of ~aruh ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEG.}LITY A J '" J this #2- day of /VUJ.J VJt1 ,2010. ::LE[l;;;?~ City Attorney ORLA_1485768.2 ,2010. APPROVED: CITY OF OCOEE, FLORIDA 5~v~~+ S. Scott Vandergrift, Mayor ~ ADVERTISED ---1rl (h-~ i, 2010 READ FIRST TIME ~ 'l., 2010 READ SECOND TIME AND ADOPTED ~v0h lLP ,2010 UNDER AGENDA ITEM No.-15 -4-