2014-003 Denied Projects for Rezoning/Special Exceptions - Application Submission CriteriaORDINANCE NO. 2014 -003
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 H_ day of FPt- CV 4_ 20t4.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
ti.
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this 0 day of d , 20 K.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
Attorney
READ FIRST TIME 20
READ SECOND TIME AN]b ADOPTED
20A
UNDER A ENDA ITEM NO. I O
ADVERTISED —J&A.
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 six (61
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 property, the City Commission shall take no action on a new
application for the same proposal or zoning district for a period of six (61
months from the date of denial.