Item #02 Approval of Resolution to Extend the Temporary Moratorium on Development Orders, Development Permits, and Building Permits for Properties Located in the City’s Special Overlay Areas t
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AGENDA ITEM COVER SHEET
Meeting Date: April 4, 2017
Item # 02
Reviewed By:
Contact Name: Michael Rumer-MDepartment Director:
Contact Number: (407) 905-3100 x1018 City Manager:
Subject: Approval of Resolution to Extend the Temporary Moratorium o eve opment Orders,
Development Permits, and Building Permits for Properties located in the City's Special Overlay
Areas until August 1, 2017, unless earlier terminated or extended by action of the City
Commission.
Background Summary:
The City has established Special Overlay Areas in its Land Development Code (Code) for the purpose
of facilitating unique development activities in areas where there is a need for coordination among
landowners in the development of the area.
So that City staff could evaluate the current Special Overlay Area standards and recommend
amendments to the Code if necessary, on November 1, 2016, the City Commission approved
Ordinance No. 2016-015 to establish a moratorium on the processing and consideration of
applications for development orders, development permits, and building permits for exterior
modifications and new construction of properties located within the Special Overlay Areas. The
moratorium applied to the following uses or intended uses: pharmaceutical dispensaries, fast food
and other drive-through restaurant establishments, check cashing stores, self-storage facilities,
vehicle and tire service, sales, repair facilities, and discount retail stores.
The moratorium will expire on March 31, 2017, and the City wishes to extend the moratorium period
described in Ordinance No. 2016-015 until August 1, 2017, unless earlier terminated or extended by the
City Commission.
Issue:
Should the Honorable Mayor and City Commissioners approve a Resolution to provide an extension
to the ordinance establishing a temporary moratorium on the processing and consideration of
applications for development orders, development permits, and building permits concerning properties
located within the Special Overlay Areas until August 1, 2017, unless earlier terminated or extended by
action of the City Commission, as described more specifically in the ordinance?
Recommendations:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve a
Resolution extending a temporary moratorium on the processing and consideration of applications for
development orders, development permits, and building permits concerning properties located within the
Special Overlay Areas, until August 1, 2017, unless earlier terminated or extended by action of the City
Commission.
Attachments:
Resolution
Financial Impact:
N/A
Type of Item: (please mark with an 51
Public Hearing For Clerk's Dept. Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion 8 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 0 N/A
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
EXTENDING FOR A PERIOD OF 123 DAYS A
TEMPORARY MORATORIUM THAT IS CURRENTLY IN
EFFECT ON THE PROCESSING AND CONSIDERATION
OF APPLICATIONS FOR DEVELOPMENT ORDERS,
DEVELOPMENT PERMITS, AND BUILDING PERMITS
FOR PROPERTIES LOCATED WITHIN THE SPECIAL
OVERLAY AREAS, AS MORE SPECIFICALLY
DESCRIBED IN ORDINANCE 2016-15; 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 staff is in the process of evaluating development and use
compatibility standards within the City's Special Overlay Areas (hereafter known as the "Overlay
Areas"), as depicted on the map attached as Exhibit"A" to Ordinance 2016-15, which was adopted
by the City Commission on November 1, 2016 to establish a moratorium on the processing and
consideration of development orders, development permits, and building permits within these
Overlay Areas; and
WHEREAS, the City staff is currently in the process of evaluating and updating said
standards specifically as they relate to uses, architecture, and compatibility, and the development of
zoning standards that will enhance economic development and redevelopment within the Overlay
Areas;and
WHEREAS, the moratorium described in Ordinance 2016-015 will expire on March 31,
2017,and the City wishes to extend the moratorium period for an additional 123 days; and
WHEREAS, Ordinance 2016-015 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 Overlay Areas for the uses or intended uses as specified in Ordinance
2016-015, adopted by the City Commission on November 1, 2016, is hereby extended for a
period of 123 days by this Resolution, which is duly adopted by the City Commission on this
date. The temporary moratorium is hereby extended until August 1, 2017, unless this Resolution
or Ordinance 2016-015 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 2016-015 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 4'h day of April, 2017.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie, Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of ,2017.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
EXHIBIT A
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�eet GO Updated: September 2016