2012-005 LDC Amendement - Site Plans ORDINANCE NO. 2012-005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
EXTENDING CERTAIN DEVELOPMENT APPROVALS;
AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND
DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA, BY
REVISING SECTION 4 -12 OF ARTICLE IV TO EXTEND UNTIL
MARCH 1, 2014 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, Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee,
Florida, also known as the Ocoee Land Development Code, 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
WHEREAS, Article IV of the Ocoee Land Development Code 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 under Section 73 of Chapter 2011-
139, Laws of Florida (House Bill 7202) any permit or any authorization that was extended under
Section 14 of Chapter 2009 -96, Laws of Florida, as reauthorized by Section 47 of Chapter 2010-
147, Laws of Florida, is extended and renewed for an additional period of 2 years after its
previously scheduled expiration date of March 1, 2012 per Ordinance 2009 -014; and
ORLA_1485768.2
WHEREAS, the City Commission desires to retroactively extend the expiration dates
from March 1, 2012 to March 1, 2014 of certain Preliminary Plans and Final Plans as more fully
set forth in this Ordinance.
NOW, THEREFORE, BE 1T 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. Extension of Approvals. Section 4 -12 of Article IV of Chapter
180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended 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, 2014 in order to obtain approval of a 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, 2014 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 of the 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, 2014 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-
-2-
4.G.1.(g) and 4 -5.G. of Article IV of Chapter 180 of the 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, 2014 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,
timelines 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.
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SECTION 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this to day of (QAQx , 2012.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Wi 1 I 1
enberry, City C1:41 S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED F D — U C XL1 a 3 , 2012
READ FIRST TIME F , 2012
READ SECOND TIME AND ATiOPTED
CLi,'CI1 , 2012
UNDER AGENDA ITEM NO. '1
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM
AND LEGALITY
this 6 of ride Z , 2012.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
0
City • • : rney
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