Loading...
2016-003 State Road 429 Study Area - Temporary Moratorium ORDINANCE 2016- 003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, IMPLEMENTING A TEMPORARY MORATORIUM UNTIL JULY 31, 2016 ON THE PROCESSING AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS, DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR PROPERTIES AT OR AROUND THE STATE ROAD 429 STUDY AREA, AS THIS AREA IS MORE SPECIFICALLY DESCRIBED IN THIS ORDINANCE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has found that there is a need to create a global vision for the development and redevelopment of properties located within the City limits and at or around State Road 429 (Western Beltway) as depicted on the map attached hereto as Exhibit "A" and incorporated herein by reference (hereafter known as the "State Road 429 Study Area" or as the "Study Area"); and WHEREAS, the City staff is in the process of evaluating the Study Area and intends to present to the City Commission a proposed ordinance or ordinances amending the City's Comprehensive Plan and land development code affecting the permitted uses, conditional uses, prohibited uses, supplemental standards, design standards, and other development regulations governing properties within the Study Area; and WHEREAS, the City wishes to place the public and all parties on notice that it is considering such amendments and is hereby creating a temporary moratorium on the acceptance, processing, and consideration of applications for development orders, development permits, and building permits concerning properties located within the Study Area; and { WHEREAS, pursuant to the pending legislation doctrine set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City hereby declares and implements the pending ordinance doctrine concerning the zoning and land development regulations governing properties located within the Study Area; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. 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 3. Definitions. For the purposes of this Ordinance, the terms "development order" and "development permit" have the same meaning as these terms are defined at Section 163.3164, Florida Statutes. Section 4. Moratorium. Unless otherwise specifically provided for in this Ordinance, the City hereby places a temporary moratorium (suspension) on the processing and consideration of all applications for development orders, development permits, and building permits for exterior modifications and new construction for all properties located within the Study Area from the effective date of this Ordinance until July 31, 2016, unless this Ordinance is terminated earlier or extended by an Ordinance or Resolution duly adopted by the City Commission. Notwithstanding the foregoing, during the moratorium period, only with approval of the City Manager and the City Planner may the City accept applications for development review for projects located within the Study Area; provided however, that the City reserves the right to require significant revision to any applications for plans that are accepted for processing during the moratorium period to ensure that the plan is in compliance with the permitted uses, conditional uses, prohibited uses, supplemental standards, design standards, and other development regulations on properties within the Study Area that are adopted by the City Commission as a result of the evaluation of the Study Area. Section 5. Exemptions. The following are exempt from the temporary moratorium established in this ordinance: the acceptance of building permit applications and issuance of building permits for the interior modification of existing structures that do not affect or alter the current use, intensity, or density of property located within the Study Area and the issuance of building permits for any project that has submitted for approval a Final Subdivision Plan or Final Site Plan prior to the effective date of this Ordinance. Section 6. Conflict. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict Section 7. 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 portions hereto. Section 8. Non-codification. It is the intention of the City Commission that the provisions of this Ordinance shall not be codified. Section 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ___day of Marck , 2016 APPROVED: ATTEST: ,., CITY OF OCOEE, FLORIDA 11001% 0 Bet Eikenberry, City Clerk usty Johri,;" j�. or (SEAL) ADVERTISED 2/, 2016 READ FIRST TIME rib. /69 , 2016 READ SECOND TIME AND ADOPTED Y7txrcli / , 2016 UNDER AGENDA ITEM NO. 9 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY This Sr day of �6 , 2016. SHUFFIELD •WMAN : WILS• , By - f_ City Atto N Exhibit A: State Road 429 Study Area f / �/iti 'LI�L t�Y}T}L'-i� .�Y V � r K/ �!r -. ,.j �+`'"'a I LAKE APOPKA ;/ .�+s it;,�5 m •�1 < i 11 0° fi\��Qa West Road O 0 II cb. '. e0- \\.;. . , , X29 r I <a° gate "' n � \; 7-.L.--'4 / /% Ci Fullers Cross Road \ ,..,,,,,,.....,J., F.: r...",..i u Li 7 . Fullers Cross Road c: nfa��TLIIP�;rte T fil .: 3 - 1 f{Ta,) ff-�+F' y r v m y * 9a�o mgrs r 1:3 CZ co r I10 �_ e Tttfi0 m4 r ')lr i Nti r�Q g i I� P GL t 'tft�O t 1 3 67 t r t df. `U a w Ic O 4 r_ h i Silver Star Road a�S��ee� Franklin Stree l..ftil.,51<<1Kkl: ' 4-- pia I; McKey Street 'f� s co t f ora treet '- OL ;Y 7'" _L Iii � IL �r ti �±t. 9T H. •', ' �,[T!SIT r� � ' , V huT, a �,L L r J d � � �� r �E�r `F4 Story Road 6y ` 1 �r... TTm-Q"I 11I t.. O^ r � 4-^yc1'}' //,'2-, y` Colonial Drive Moratorium Areas Parcel Boundaries o 0 o City of Ocoee cc Unincorporated Territory and Other Municipalities 0 0.25 0.5 r° ill■ I Miles Updated: January 2016