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
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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.
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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.
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Exhibit "A"
Study Area
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