Item #10 Land Development Code Amendment - Application Sjubmission Criteria for Denied Projects for Rezoning/Special Exceptions'J
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 4, 2014
Item # 1 0
Reviewed By:
Contact Name: Michael Rumer 7�v & Department Director:
Contact Number: (407) 905 -3100 x1018 City Manager:
Subject: Land Development Code - Change in Article IV, Section 4 -8(A) (3) Special Exception
Applications and Sec tion 5 -9 Zoning /Rezoning
Background Summary:
Article IV and Article V of the City of Ocoee Land Development Code (LDC) regulates application submittal
requirements for Special Exceptions and Rezoning. Currently, there are no provisions limiting the time for
resubmitting an application that has been denied by the City Commission. Due to a rezoning case where an
application for rezoning was denied by the City Commission, and a subsequent re- application was submitted four
months after the denial hearing date, staff was directed by the City Commission to look into provided a waiting
period.
Staff looked at the re- application requirements from twelve (12) different local governments in Florida to provide
new language in the LDC limiting a new application for a project after a denial has been issued. Attached is a
spreadsheet indicating the criteria by the twelve local governments to limit re- applying or having a new hearing on
a project that has been denied.
Upon review of the information gathered, staff has proposed three options:
Option #1: If the city commission denies an ordinance to rezone a property including to PUD or denies a special
exception for a use on a property, the city commission shall take no further action on another application of the
same proposal or zoning district for a period of six (6) months from the date of denial.
Option #2: If the city commission denies an ordinance to rezone a property including to PUD or denies a special
exception for a use on a property, the city commission shall take no further action on another application of the
same proposal or zoning district for a period of nine (9) months from the date of denial.
Option #3: If the city commission denies an ordinance to rezone a property to PUD or denies a special exception
for a use on a property, the city commission shall take no further action on another application of the same
proposal or zoning district for a period of one (1) year from the date of denial.
Issue:
Should the Honorable Mayor and City Commissioners approve an ordinance consisting of amendments to the
Land Development Code (LDC) relative to providing a waiting period for hearing a re- application of a denied
special exception or rezoning?
Planning and Zoning Commission Recommendation
The Planning & Zoning Commission met on November 12, 2013, to consider the amendments to the Land
Development Code (LDC) relative to providing a waiting period for hearing a re- application of a denied special
exception or rezoning. The Planning and Zoning Commission voted to recommend approval of the proposed
option #2 which limits the rezoning ordinance or special exception from being heard by the City Commission for
nine (9) months. Motion carried (4 -3).
Recommendations
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an Ordinance
providing for amendments to the Land Development Code consistent with Option #2.
Attachments:
Spread Sheet
Ordinance
Financial Impact:
N/A
Type of Item: (please mark with an "x')
X Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
X Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & 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 ()
N/A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE IV OF THE LAND
DEVELOPMENT CODE RELATING TO PROCEDURES
FOR APPLICATION AND SUBMITTAL REQUIREMENTS
FOR SPECIAL EXCEPTIONS AND AMENDING
ARTICLE V OF THE LAND DEVELOPMENT CODE
RELATED TO LAND USE AND DENSITY
REGULATIONS FOR REZONINGS TO PROVIDE A
TIME LIMITATION FOR RESUBMITTING AN
APPLICATION THAT HAS BEEN DENIED BY THE CITY
COMMISSION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the
"City Commission ") desires to amend Article IV of the Land Development
Code related to Procedures for applications and submittal requirements for
special exceptions and rezonings and to amend Article V of the Land
Development Code related to Land Use and Density Regulations to provide a
time limitation for resubmitting an application that has been denied by the City
Commission.
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. Article IV, Section 4-8.A(3) and Article V, Section 5 -9.
Article IV, Section 4- 8.A.3. of the Land Development Code related to Special
Exceptions and Article V, Section 5 -9 of the Land Development Code related
to Annexations, Zonings /Rezonings and Comprehensive Plan Amendments
are hereby amended as follows:
See Exhibit "A" attached hereto and by this reference made a part
hereof.
Section 3. 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.
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.
Section 5. Effective Date This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
day of , 20
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
, 20_
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of 20_
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Article IV, Section 4- 8.A.(3). — SPECIAL EXCEPTIONS is hereby amended as
follows:
The proposal shall be considered by the City Commission at a public hearing
after due public notice, along with the report of the Director of Planning and
the report of the Planning and Zoning Commission. Following completion of
the public hearing, the City Commission shall approve, disapprove, amend
and approve the proposal, or approve the proposal with conditions. Any action
taken shall be accompanied by the findings of the City Commission upon
which the action was based. In the event that the City denies a special
exception for a specific use of property, the City Commission shall take no
action on a new application for the same proposal for a period of nine (9)
months from the date of denial.
Article V, Section 5 -9. — ANNEXATIONS, ZONING /REZONINGS AND
COMPREHENSIVE PLAN AMENDMENTS is hereby amended as follows
F In the event that the City Commission denies an application to
rezone propert y the City Commission shall take no action on a new
application for the same proposal or zoning district for a period of nine t9)
months from the date of denial.
3
f
(�
¥
/
•/
t
\
(
tw
0
-0
/
a
\
u
q
E
aj
4
R•
\
-0
/
g
0
/
§
$
/
0
_
>
%
'
&
cu
G
k
7
3
k
§
/
>-
e
/
>
2
=
/
°
/
2
=
k
E
CL
/
(
m
7
t >.
2
7
5
°
/
C
0+
°
9
°
y
E
f
/
C
E
m
&
E
/
q
q
°
/&*
0
5
3=
G
E
e
V,
/
5
\
\
k
k
'
k
/
k
\
\
,
Q)
E
ƒ
f
ƒ
E
/
2
=
e
E
°
C
=
2
5
°
u
0
ƒ
/
/
§
/
§
ƒ
ƒ
\
\
\
7
/
m
m
m
5
e
%
m
m
m
o
&
&
E
0
0
e/
}
/
2
®/
0
E
f
'
e
_
7
[
//
"
_
2/
C:
2
E
o
\
f:
/
C:
g
\
\
\
f
C
\
�
k
±
W
&
°
E
0
E
E
y
11
y
=
=
k
\
/
/
#
/
4-
0
C-4
e
k
a
e
<
M
g
<>
§
\
u
w
CL
\
3
m
om_
r14
2
�
§
/
2
m
o
f
/
•
g
E
\
§
a
/
_
CL
\
ƒ
2
3
5
2
0
\
CL
�
CL
2
C:
$
::3
/
@
%
)
§
\
_
�
/
\
\
C
2
=
i
f
/
%
E
\
u
@
2
2
°
5
CL
CL
/
\
/
/
%
{
§
2
\
_
i
/
°
>
$
°
E
o\
k
/\
%
=
m/
0
0
k
cu
5
- ( - u
5
E
5
R
2
m
k
k
o
CL
E
w
w
w
\
\
\
/
\\
9
m
0
/
c
2
c
c
S
c
0
c
0
0
3
3
a-
CL
co
cite P
— No ,
CITY OF OCOEE
OTICE OF PUBLIC HEARING
FOR AN AMENDMENT
TO THE OCOEE LAND
DEVELOPMENT CODE
APPLICATIONS
)TICE IS HEREBY given that the Ocoee City
immission will consider a proposed Amendment
the City of Ocoee Land Development Code
ating to Article IV, Section 4- 8(A)(3) Special
:ception Applications and Article V, Section 5 -9
ming /Rezoning Applications.
ie OCOEE CITY COMMISSION will hold a
iblic hearing on the proposed amendment on
JESDAY, JANUARY 21, 2014, AT 7:15 PM or as
)on thereafter as practical.The public hearing will be
sld in the City Hall Commission Chambers located at
50 North Lakeshore Drive, Ocoee.
N ORDINANCE OF THE CITY OF OCOEE,
LORIDA AMENDING ARTICLE IV OF THE
AND DEVELOPMENT CODE RELATING TO
ROCEDURES FOR APPLICATION AND SUBMITTAL
IEOUIREMENTS FOR SPECIAL EXCEPTIONS
AD REZONINGS AND AMENDING ARTICLE V
W THE LAND DEVELOPMENT CODE RELATED
'O LAND USE AND DENSITY 'REGULATIONS TO
'ROVIDE A TIME LIMITATION FOR RESUBMITTING
kN APPLICATION THAT HAS BEEN DENIED
3Y THE CITY COMMISSION; PROVIDING FOR
;EVERABILITY; PROVIDING FOR CODIFICATION;
11 ROVIDING AN EFFECTIVE DATE.
nterested parties may appear at the public hearing
and be heard with respect to the proposed actions
above. The complete case file may be inspected
at the Ocoee Development Services Department/
Planning Division located at 150 North Lakeshore
Drive, Ocoee, Florida between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, except legal
holidays. The City Commission may continue these
public hearings to other dates and times, as it deems
necessary. Any interested party shall be advised of the
dates, times, and places of any continuation of these
or continued public hearings shall be announcec
during the hearing and no further notices regardinc
these matters will be published. You are advisec
that any person who desires to appeal any decisior
made at the public hearings will need a record of th(
proceedings and for this purpose may need to ensur(
that a verbatim record of the proceedings is mad(
which includes the testimony and evidence upoi
which the appeal is based. Persons with disabilities
needing assistance to participate in any of these
proceedings should contact the City Clerk's Office 4
hours in advance of the meeting at 407 - 905 -3105.
Beth Eikenberry, City Clerk Run Date: Jan 9, 201
L0 2K (D /A� �! C�ff�1 �T(�l C���y � thoit I in the ouLgnt nje oar
Date ptDMshed and Mer:
rhursday, January 23, 2014 Orlando Sentinel I Orange Extra I G3
I t
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
FOR AN AMENDMENT TO
THE OCOEE LAND
DEVELOPMENT CODE
APPLICATIONS
Notice Is Hereby given that the Ocoee City Commission
will consider a proposed Amendment to the City of
Ocoee Land Development Code relating to Article IV,
Section 4- 8(A)(3) Special Exception Applications and
Article V, Section 5 -9 Zoning /Rezoning Applications.
The OCOEE CITY COMMISSION will hold a public
hearing on the proposed amendment on Tuesday,
FEBRUARY 4, 2014, at 7 :15 pm or as soon
thereafter as practical. The public hearing will be
held in the City Hall Commission Chambers located at
150 North Lakeshore Drive, Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE IV OF THE LAND DEVELOPMENT
CODE RELATING TO PROCEDURES FOR APPLICATION
AND SUBMITTAL REQUIREMENTS FOR SPECIAL
EXCEPTIONS AND REZONINGS AND AMENDING
ARTICLE V OF THE LAND DEVELOPMENT CODE
RELATED TO LAND USE AND DENSITY REGULATIONS
TO PROVIDE A TIME LIMITATION FOR RESUBMITTING
AN APPLICATION THAT HAS BEEN DENIED BY THE
CITY COMMISSION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
Interested parties may appear at the public hearing
and be heard with respect to the proposed actions
above. The complete case file may be inspected at the
Ocoee Development Services Department/Planning
Division located at 150 North Lakeshore Drive, Ocoee,
Florida between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except legal holidays. The
City Commission may continue these public hearings
to other dates and times, as it deems necessary. Any
interested party shall be advised of the dates, times,
and places of any continuation of these or continued
public hearings shall be announced during the hearing
and no further notices regarding these matters will
be published. You are advised that any person who
desires to appeal any decision made at the public
hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim
record of the 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 these proceedings should contact
the City Clerk's Office 48 hours in advance of the
meeting at 407 - 905 -3105.
Beth Eikenberry, City Ci�, Run Date: Jan 23, 2014