2016-010 Resolution Extending for a Period of Ninety Days a Temporary Moratorium for the State Road 429 Study Area RESOLUTION NO. 2016-010
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
EXTENDING FOR A PERIOD OF NINETY DAYS A
TEMPORARY MORATORIUM THAT IS CURRENTLY IN
EFFECT FOR THE STATE ROAD 429 STUDY AREA, AS
THIS AREA IS MORE SPECIFICALLY DESCRIBED IN
ORDINANCE 2016-003, ON THE PROCESSING AND
CONSIDERATION OF APPLICATIONS FOR
DEVELOPMENT ORDERS, DEVELOPMENT PERMITS,
AND BUILDING PERMITS FOR PROPERTIES AT OR
AROUND THE STUDY AREA; PROVIDING FOR
SEVERABILITY; 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 is creating 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 as Exhibit "A" to Ordinance 2016-003, which was adopted by the
City Commission on March 1, 2016 (hereafter known as the "State Road 429 Study Area" or as the
"Study Area"); and
WHEREAS, the City staff is currently 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 moratorium is set to expire on July 31, 2016, and the City wishes to
extend the moratorium period described in Ordinance 2016-003 for an additional ninety days; and
WHEREAS, Ordinance 2016-003 allows the City Commission to extend the moratorium
period by adoption of a Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes.
SECTION 2. Moratorium Extended. The 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, as adopted by Ordinance 2016-003 on March 1, 2016, is hereby
extended for a period of ninety days by this Resolution, which is duly adopted by the City
Commission on this date. The temporary moratorium is hereby extended until October 31, 2016,
unless this Resolution or Ordinance 2016-003 is terminated earlier or extended by an Ordinance
or Resolution duly adopted by the City Commission. All other terms, conditions, and
exemptions adopted by the City Commission in Ordinance 2016-003 are hereby reaffirmed and
remain in full force and effect until the termination of the moratorium.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution 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. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 2nd day of August, 2016.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
. e ! J
City Clerk Rusty Johnson, M 6
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. 3
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this2!'"day of , si- , 20 ]‘ .
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