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15-1377 Declaring and Implementing the Zoning in Progress DoctrineRESOLUTION NO. 154377 A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, DECLARING AND IMPLEMENTING THE ZONING IN PROGRESS DOCTRINE; DECLARING THAT THE CITY IS CONSIDERING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS GOVERNING PROPERTIES WITHIN THE EAST END PLANNING DISTRICT AS ADOPTED IN THE LONGWOOD DESIGN GUIDEBOOK WHICH ARE GENERALLY LOCATED ADJACENT OR PROXIMATE TO U.S. HIGHWAY 17/92; DECLARING AND IMPLEMENTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS AND BUILDING PERMITS FOR SUCH PROPERTIES UNTIL JANUARY 4, 2016, OR UNTIL SUCH TIME AS THE TEMPORARY MORATORIUM CREATED BY THIS RESOLUTION IS TERMINATED; PROVIDING FOR PUBLIC NOTICE OF ADOPTION; PROVIDING FOR NON - CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Longwood (the "City") enjoys all home rule authority, police power, land development and zoning authority, governmental and proprietary powers necessary to conduct municipal government and perform municipal functions, and the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has retained the Gibbs Planning Group to perform a major retail study of the major corridors within the City, including along U.S. Highway 17/92; and WHEREAS, the City is currently in the process of adding aesthetic improvements to U.S. Highway 17/92, and specifically to the intersection of State Road 434 and U.S. Highway 17/92; and WHEREAS, there is a need to create a global vision for the redevelopment of property located with the East End Planning District as adopted by the Longwood Design Guidebook which area is generally located adjacent or proximate to U.S. Highway 17/92 and depicted in the map attached hereto as Exhibit "A" (the "Study Area") and incorporated herein; and WHEREAS, the City staff is in the process of evaluating the Study Area to create a global vision for redevelopment, and shortly thereafter will prepare and process a proposed ordinance amending the City land development regulations (a/k/a Longwood 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 Page 1 of 4 WHEREAS, the City wishes to place the public and all parties on notice that it is considering such land development regulation amendments and creating a temporary moratorium on the acceptance, processing and consideration of applications for development orders and building permits concerning properties located within the Study Area; and WHEREAS, the City Commission in good faith determines that this Resolution 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 RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: Section 1. Intent. The above recitals are hereby adopted as the legislative purpose of this Resolution and as the City Commission's legislative findings. Section 2. Zoning in Progress. The City declares that the City staff will be preparing and processing a proposed ordinance amending the Longwood Development Code and Longwood Design Guidebook affecting the permitted uses, conditional ,uses, prohibited uses, supplemental standards, design standards and other development regulations governing properties located within the Study Area as described by this Resolution. That pursuant to the pending legislation doctrine set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City declares and implements the pending ordinance doctrine concerning the land development regulations governing properties located within the Study Area. Section 3. Moratorium. The City hereby places a temporary moratorium (suspension) on the acceptance, processing and consideration of all applications for development orders and building permits for all properties within the Study Area until January 4, 2016, unless terminated earlier by the City Commission. Provided however, building permit applications for the interior modification of existing structures that do not affect or alter the current use, intensity or density of property or change the total square footage of the structures on such property are excepted from such temporary moratorium. Section 4. Public Notice of Adoption. After the adoption of this Resolution, the City Clerk shall cause the advertisement of the title of this Resolution along with a map of the Study Area in a newspaper of general circulation within the City and indicate in such advertisement that this Resolution has been adopted by the City. Section 5. Non -Codification. Given the temporary nature and effect of this Resolution, it is the intent of the City Commission that this Resolution will not be codified. Section 6. Severability. If any portion of this Resolution is determined to void, unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Page 2 of 4 Section 7. Effective Date. This Resolution shall take effect immediately upon adoption. ADOPTED this 22nd day of June, 2015. City Commission and legality for the use and reliance of the City of Longwood, Florida only. \\Server\usemVJ(A\CLIENTS\Longwood, ❑ty of\General L324-21313\Pending Ordinance Doctrine\Pending Ordinance Doctrine Resolution 06-I5-2015.doc Page 3 of 4 Exhibit "A" Study Area Page 4 of 4