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2017-007 Resolution Extending for a Period of 123 Days a Temporary Moratorium Located within the Special Overlay Areas RESOLUTION NO. 2017-007 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 2016-015; 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 2016-015, 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 4th day of April, 2017. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA la )(Mil. Melanie, Sibbitt, City Clerk Rusty John 111 ayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. 2 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this 474 day off 'f WIC , 2017. SHUFFIELD,LOWMAN& WILSON,P.A. By: ty Attu' EXHIBIT A Moratorium Areas I 1il j o -,-if;v.n.. /''''n.c ;: /ow4, „: ,,i ,LLii,: , . 1; � f. _ ,..: o '1 1 ) iz,c'..5..t:' %� � ,'; ONA OCO�E RD ? - ___._i ` j iI r ( � Iear- It( es, ■tf �T■ Cr I 3 Gi3i''in O d 1.�i1 Nl J It'^ O -- iii: �_ 1 Ij,oArY Q LLJ Ai �� $�isAl. �", ��,.. . r rn 1 -s. o f es.i. T ':' ' — = \Ai SILVER ST. • RD ° 3 1, ' > c� tL` w ¢ cc a w o E ORLANDO AV -z WHITE RD c3 ; Nall cn m` „ w IIS $1OR RD ���:+ Y .IE. co LJ~ to 1I i CJ ' �. i_ a, �..��II .tom_ .�ill.'•� '`=fir _ � T > <) W COLON{QL ic) �-AS r �,� '� Biu � ,E LI [J, j Lu T'. T (` ^7 --{: 0 < Moratorium Areas Parcel Boundaries 0 2.000 4,000 / � _. Feet ? 0 - Updated: September 2016