Osceola County Passes Ordinance Imposing Six-Month Moratorium on Certain Development

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On Monday, November 6, 2017, the Osceola County Board of County Commissioners approved, by a 3-2 vote, an ordinance for a 180-day moratorium on certain types of development that require Comprehensive Plan Amendments (CPAs) and Zoning Map Amendments (ZMAs). While many categories of CPAs and ZMAs are prohibited from being processed during the moratorium, the following are exempted from the moratorium:

  • Any application for CPA or ZMA that was heard at the Planning Commission on November 2, 2017 and will be heard at the Board of County Commission on November 13, 2017.
  • Applications for CPAs that address County-initiated EAR-based Amendments, Natural Resource Utilization Amendments, FLUM Amendments for Mixed-Use District (with a density over eight units per acre), Urban Infill Activity Center Amendments (any residential must have over eight units per acre), and any Amendment necessary to accommodate a Qualified Targeted Industry. This includes ZMAs that are necessary to carry out a corresponding CPA amendment in the preceding categories.
  • Applications for ZMAs to existing Planned Developments (PD), all Commercial Zoning map designations, including Residential Professional Business, and Transit Oriented Developments that do not require a CPA and contain density over eight units per acre.
  • Applications for existing PD to rezone to another Zoning Map classification, except for Low Density Residential classification, that does not decrease intensity or density.
  • Applications for existing PD to expand or contract its land area so long as the density or intensity remains the same or is increased.
  • Applications for ZMAs to accomodate a Qualified Targeted Industry.
  • Affordable housing to households earning no more than $35,000 annually (with density over eight units per acre).

The moratorium will be effective until May 5, 2018, unless rescinded sooner. Please click here for a copy of the ordinance.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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