2014-008 Extending Certain Development Approvals until December 31, 2015ORDINANCE NO. 2014-008
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 1V TO EXTEND UNTIL
DECEMBER 31, 2015, CERTAIN PREVIOUSLY APPROVED
PRELIMINARY SITE PLANS, PRELIMINARY SUBDIVISION
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 riot occur; and
WHEREAS, the City Commission recognized 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, 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
WHEREAS, the City Commission retroactively extended the expiration dates from
March 1, 2012 to March 1, 2014 of certain Preliminary Plans and Final Plans per Ordinance
2012 -005; and
WHEREAS, the City Commission desires to retroactively extend the expiration dates
from March 1, 2014 to December 31, 2015 of certain Preliminary Plans and Final Plans pursuant
to the requirements as set forth herein.
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. 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. Extensio of Prelimina and Fi nal Subdivision and Site Plan Approvals
A. Any Preliminary Site Plan approved by the City Commission after January 1, 2005
and prior to March 1, 2014 which has not obtained approval of a Final Site Plan (for either the
entire project or the approved first phase) as of March 1, 2014 is hereby granted an extension
until December 31, 2015, 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 so long as the
Owner or Developer complies with the requirements of Section 4 -12 -F.
B. Any Final Site Plan approved by the City Commission after January 1, 2005 and prior
to March 1, 2014 which has not commenced construction as of March 1, 2014 is hereby granted
an extension until December 31, 2015, 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 so long as the Owner or Developer complies with the requirements of Section 4 -12 -F.
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C. Any Preliminary Subdivision Plan approved by the City Commission after January 1,
2005 and prior to March 1, 2014 which has not obtained approval of a Final Subdivision Plan
(for either the entire project or the approved first phase) as of March 1, 2014 is hereby granted an
extension until December 31, 2015, 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-
4.G. L(g) and 4 -5.G. of Article IV of Chapter 180 of the Ocoee City Code or any other Code
provision to the contrary so long as the Owner or Developer complies with the requirements of
Section 4 -12 -F.
D. Any Preliminary Subdivision Plan and related Final Subdivision Plan approved by the
City Commission after January 1, 2005 and prior to March 1, 2014 which has not commenced
construction as of March 1, 2014 is hereby granted an extension until December 31, 2015, 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 so long as the Owner or Developer complies with the
requirements of Section 4 -12 -F.
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.
F. To implement the provisions of this ordinance, the City will send the
Owner /Applicant of an expired Preliminary Plan or Final Plan, a letter to determine if the
Owner /Applicant desires to extend the Preliminary Plan or Final Plan. Any Owner /Applicant
desiring to extend an expired Preliminary Plan or Final Plan shall respond (the "Response ") to
the City within thirty (30) days frorn the date of the City's Letter and shall pay any applicable
Development Review Fees (the ``Fees "). Once the Owner /Applicant's Response and Fees are
timely received by the City, the expired Preliminary Plan or Final Plan shall be extended until
December 31, 2015. At the time the Owner /Applicant proceeds with the development of the
property related to the Preliminary Plan or Final Plan, the Owner /Applicant acknowledges that
the Preliminary Plan or Final Plan shall be modified to meet current ('ode requirements.
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
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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.
SECTION 5. Effective Date
This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this: eday of Tv� .2014.
APPROVED:
ATTEST:
Befh _iken erry, City Clerk ,
f
�
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, y to) r
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM
AND LEGALITY
this day of _Mh __ , 2014.
ADVERTISED _ ` .4 S , 2014
READ FIRST TIME [�C�rG�n �� , 2014
READ SECOND TIME AND ADOPTED
( `a(`, , 2014
UNDERIAGENDA ITEM NO. _
SHUFFIELD, LOWMAN & WILSON, P.A.
By: _
City Att me
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