ocoeeflorida

AGENDA ITEM COVER SHEET

Meeting Date: October 18, 2016

Item #

Reviewed By: r

Contact Name: Scott Cookson, City Attorney Department Director:

Contact Number: 407) 581- 9800 City Manager:

Subject: Temporary Moratorium on Development Orders, Development Permits, and BuildingPermits in the City's Special Overlay Areas

Background Summary:

The City has established Special Overlay Areas in its Land Development Code for the purpose offacilitating unique development activities in areas where there is a need for coordination amonglandowners in the development of the area. The four types of Special Overlay Areas identified in theLand Development Code are Interchange Impact Areas, the Downtown Redevelopment Area, ActivityCenters and CRA Target Areas.

On September 6, 2015, City staff made a presentation to the City Commission relating to thedevelopment and redevelopment of parcels within the Special Overlay Areas. Topics of specific

concern to staff and the City Commission is the redevelopment of parcels within the Overlay Areas,density and compatibility concerns with development and redevelopment, allowable uses in the

overlay, and the development of zoning standards that will enhance economic development andredevelopment in the Overlay Areas with 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, and repair facilities, and discount retail stores.

City Staff recommended the City Commission adopt a moratorium in order to allow staff the time toevaluate the current Special Overlay Area standards and update the standards as necessary.

Issue:

Should the Honorable Mayor and City Commissioners approve an ordinance establishing a temporarymoratorium until March 31, 2017, on the processing and consideration of applications for developmentorders, development permits, and building permits concerning properties that are located within theSpecial Overlay Areas, as described more specifically in the ordinance?

Recommendations:

Staff respectfully recommends that the Honorable Mayor and City Commissioners approve anordinance establishing a temporary moratorium until March 31, 2017, on the processing andconsideration of applications for development orders, development permits, and building permitsconcerning properties that are located within the Special Overlay Areas, as described more

specifically in the ordinance.

Attachments:

Ordinance including Exhibits A (Special Overlay Areas).

Financial Impact:

N/ A

Type of Item: (please mark with an "x")

X Public Hearing For Clerk's Dept. Use:

X Ordinance First Reading Consent AgendaOrdinance Second Reading Public HearingResolution Regular Agenda

Commission Approval

Discussion& Direction

Original Document/Contract Attached for Execution by City ClerkOriginal Document/Contract Held by Department for Execution

Reviewed by City Attorney N/A

Reviewed by Finance Dept. N/ A

Reviewed by () N/ A

ORDINANCE 2016-

AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,

IMPLEMENTING A TEMPORARY MORATORIUM UNTIL MARCH 31,

2017 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 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 revise code standards

relating to the development and create standards relating to the redevelopment of

properties located within the City Special Overlay Areas, as depicted on the map attached

hereto as Exhibit " A" and incorporated herein by reference (hereafter known as the

Special Overlay Areas" or as the "Overlay Areas"); and

WHEREAS, the City staff is in the process of evaluating development and use

compatibility standards in the Special Overlay Areas and intends to present to the City

Commission a proposed ordinance or ordinances amending the City's Comprehensive

Plan and/or land development code for the purpose of 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

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

Overlay Areas with 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, and repair facilities, and discount retail stores; 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 Overlay Areas; 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 astrue and correct and incorporated herein by this reference.

Section 2. Authority. The City Commission of the City of Ocoee has theauthority to adopt this Ordinance pursuant to Article VIII of the Constitution of the Stateof 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 termsare defined at Section 163. 3164, Florida Statutes.

Section 4. Moratorium. Unless otherwise specifically provided for in thisOrdinance, the City hereby places a temporary moratorium ( suspension) on the

processing and consideration of all applications for development orders, developmentpermits, and building permits for exterior modifications and new construction for allproperties located within the Overlay Areas with 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, and repair facilities, and discount retail stores. The moratorium shall be from theeffective date of this Ordinance until March 31, 2017, unless this Ordinance is

terminated earlier or extended by an Ordinance or Resolution duly adopted by the CityCommission. Notwithstanding the foregoing, during the moratorium period, only with

approval of the City Manager and the City Planner may the City accept applications fordevelopment review for projects located within the Overlay Areas which are otherwisehereby restricted; provided however, that the City reserves the right to require

significant revision to any applications for plans that are accepted for processing duringthe 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 Overlay Areas that are adopted by theCity Commission as a result of the evaluation of the Overlay Areas.

Section 5. Exemptions. The following are exempt from the temporarymoratorium established in this ordinance: the acceptance of building permit

applications and issuance of building permits for the interior modification of existingstructures that do not affect or alter the current use, intensity, or density of propertylocated within the Overlay Areas and the issuance of building permits for any projectthat 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 suchconflict

Section 7. Severability. If any section, subsection, sentence, clause, phraseor portion of this Ordinance is for any reason held invalid or unconstitutional by anycourt of competent jurisdiction, such portion shall be deemed a separate, distinct, and

independent provision and such holding shall not affect the validity of the remainingportions hereto.

Section 8. Non-codification. It is the intention of the City Commission thatthe provisions of this Ordinance shall not be codified.

Section 9. Effective Date. This Ordinance shall become effective immediatelyupon passage and adoption.

PASSED AND ADOPTED this day of 2016.

APPROVED:

ATTEST: CITY OF OCOEE, FLORIDA

Melanie Sibbitt, Acting City ClerkRusty Johnson, Mayor

SEAL)

ADVERTISED 2016

READ FIRST TIME 2016

READ SECOND TIME AND ADOPTED

2016

UNDER AGENDA ITEM NO.

FOR USE AND RELIANCE ONLY BYTHE CITY OF OCOEE, FLORIDA;

APPROVED AS TO FORM AND

LEGALITY

This_ day of 2016.

SHUFFIELD, LOWMAN & WILSON, P. A.

By:City Attorney

EXHIBIT A

Moratorium Areas

tIL4A£- 4POPCA I Q C , II,

it.1.....-.- e4 , .

7-707-- r„ `

5 %4 Y r,..

CLAN ONA OCOEE RD

Am.

5% Ltor,..,011" 111=t;.=.0,::::. 4.j.: :

1I icl

I.II'

1

L. r- u - 2 1°.- - i yr=-!- c IW i

1. i. iji

Zna

dI1! 1

i:Ititlir im:•:''... Fit:tal _.E.F1''. 1,1117 7•IiiSlii.'7' r'',.4',,'.;!'" ; Q::

ca.' '‘,..,

a?.;: ... fitl- I- 3'

mot:

r ry

H-f — o d

n , A *

r l.,' U1 g. '

nlP7- E ORLAVX A

04,l II M

6yn 11111

YinS 0

i.ill

1 ";.. I el ITIN

1 „ II 7 a _ , -- " iLtiy COIONli1

t O` . U Ng ,. 11 turn.

fIIgIII

r '

Via(=

01H

1 noni_ , m Moratorium Areas

ii' Parcel Boundaries

0 2,000 4, 000 1

ee; GQ Updated: September 2016

1

oZoLIL

Q

asQNV13NIAt IdOdVN o

L1 -

EOH s3woH ao 4 W., o m

N Aa

aa3)& 110N8

as 3) laS1 .,

r

in 1

a r d

o _ o

7L jJac)

w

t Z ry moo

o

Tas ao AV aooM3 1 N

t,,M c- 1 ! Inodw irt2 doc,

AV aaon e• V*.AV33wwlsaN 1,,, Is , j' = ° °'

4' ill t imss_ i

Ct Ai`. V ---

CV0it31tl1S: ,ice s- =

oN,

LLo

i.-17 ____ ---- T-

1S14114,.'" ,1% 1 -WE., -',I, F-r-,; ' II ., •-_._.'

a' - >, , , ` C C C v a' 0 0 >, >, ' v u 0 , n N a'LO

1 o N aaL+ 0O Omv WZWWWW vy - EaJym -py y

N u v E a r̀ a > I- m V1 a,, c J J v v- +

ryo0 o co v-2 O 01 as e3 Q p C v v CC v- o

mC o , o v }

CIc Y -,

4.N

u

a, a N 7" m0 m O v U WH VI OJ u

OLL Y u v H N cn Y N CO , vv-

cu n-tc Zvf vfCt7 3asEEuccraE7r " oCC CAW3

0 roCU a, m y O Y O h W W W Z a u r0 a' m ' 0 a+- O

m cCal aY _ aCON ZWC J 2 ,nO ECw- c ' a' NC '3 JM.

leM O O 01 a' W p ae - i C m . c O

o ,n O' p = O ._ N O InOA ( /

w/ N_ o

O v = v my Y E Wapav > L o Y v v aE ° u o NalW

IF'+'

E J 6i O6Ci N L O U a = W C LL a W > >_ V- o a c-o O °- 3 '- c O

In O E" O O O YEY v1~

010_ F auW, ED J N o— u Y va"OY

jY

O0

V 0 ay vcl

T, m a= 4000010m y 0161- m ro v' v E v v

mIn M fTla= v E lJ +'

co"

OO -

c Y1 .-. 0 .- J LL W W

c aJ C >, v al v

O ,

n toOCU

Z / h l v yo vcaa`, UC' iu C Ill CCMIc "- EE coc ', av

QC') w a vQJ -

v S r0 `' o r OJ N 0 H lc m. C t v a v o- 0 " m E m , 1 m- N

F- V - oo va- o a

amY ai " - 2 'nX > u a c 3- m a,.s v acc o aa.,, r vOt—/ F r' 1 / Q a O

O C m 1p•C o W m

p W a W a v — r ,, - m a1 a-0 N a 0-c T

1`- i OM. i

O O N- 0 O u v C - o — U U WI LL . V1 cC J E E a, +

v' C

aL., O a, O >, O

Ct Q ^ a 1J y J c aci °-, v _ c N t Vp CC Z l7 W LLli! v °

u ` a Op a Y o a Y ca uW - h l r I V 0 v r0 E a > - oo v >

cl, Q

pZ_ oC

p W y v o- C v a, w s E v a v C cu7 w O

t C a O rLL C a L v O u .L O 12 • N t L m

CO I O a) O L Y-D O

7 0, > ___ C O JF' J ). ZZ al- 0LL N O '

v m a' Lw u cu >

a Cr•i* J y c v S o j , c p m 3 0 V - 1 - W ro > a, y > o `^ c v

o`-

till' cCl V

n

0 ¢ - 0- p tu 0 171 Z mac > y o u m > o C

V .^( aci v if/ a v rn 2O co = 2aZOa m " L0u- ' v a u C o v ara 0

LU

W u > a, O m t y C J H CLL

a J W 0 aD O > 01. 0 C C v C a' O rLo Q co-. av ,. O `' Ov Vo: E ' v J mo v ma c vvz Cr u

0- 00 . WZa m a 0__ c O a`' a-0

o 5 O a v c c o aci }

a, J Z W Q O a a C v a a v Y T. c v v O c u1 v v omaE -

41azWoe - ocvl ? Z a, oO > a oJcoc > > YE0

h. O aQa -

0aW F- s N

ZO E.. W W C a a o v c

m v m v`'- 4-•= m v .'L' OLn VJ =- 0 >, v W CI- '-'

Z2wa = n' r '0 O a' Y Y- 0 a' C- C m '^;

n

LUN 6 t

r° E J > O O . a } W H F' O - v m O v v y ' v y m

O Y > EO C m tJ E ° v C C C Z Z_ of J_ N a J 2 J m - O" O 01 O T C yu a., >

0v c O ? :. Y painWx = m vL vY , y v o .` J of,v•

IS aY - v ° r v c o m a 20013- - CC °= Y O

o c °' o a > v c E vim'

Z m 3 ' 00 a-o o < ~ a a2 aat 03 ? W ° Oz dou .c }, c(a_= cu cif