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Home My WebLink AboutVI (B) Public Hearing - First Reading/Transmittal: Ordinance No. 99-38, Comprehensive Plan Amendment - Future Land Use Agenda 12-7-99 Item VIB "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Cr.Ocoee ' S.SCOTT VANDERGRIFT CITY OF O C O E E COMMISSIONERS „..) b.�" •• C DANNY HOWELL M a 150 N.LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON cit '', J`?v (407)656-2322 NANCY J.PARKER Op OO' STAFF REPORT CITY MANAGER ELLIS SHAPIRO DATE: November 29, 1999 TO: Honorable Mayor and City Commissioners FROM: Kirsten McGinnis, Senior Planner 4301 THROUGH: Russ Wagner, AICP, Director of Planning/6.e la) SUBJECT: Comprehensive Plan Amendment—Future Land Use ISSUE: Should the Mayor and City Commissioners approve the following new school siting objective and related policies to be included in the Future Land Use Element of the Comprehensive Plan? BACKGROUND: The proposed text amendment to the Future Land Use Element of the Ocoee Comprehensive Plan addresses the changes as required by F.S. Chapter 163.3177(6)(a)—school siting. Specifically, Chapter 163 requires all counties and municipalities to amend the Future Land Use Element of their Comprehensive Plans to: identify the land use categories in which public schools are an allowable use; to include categories with sufficient land proximate to residential development; to collocate public facilities with schools, to the extent possible; and to coordinate with public school boards to meet the projected needs for school sites. Chapter 163 also requires that this amendment to the Future Land Use Element be adopted prior to October 1, 1999. Unfortunately, the City was unable to meet this requirement because the Department of Community Affairs (DCA) would not allow amendments to the Comprehensive Plan until the City's Revised Evaluation and Appraisal Report (EAR) was reviewed for sufficiency. On November 19, 1999, DCA completed their review of the EAR and issued a final determination of sufficiency. To expedite the review of the school siting requirement, the City may elect to waive DCA's standard review (Objections, Recommendations and Comments Report—ORC) and transmit the amendment to DCA as "proposed". If the amendment is transmitted as proposed, DCA will have 30 days to review the amendment for compliance with State criteria. DCA typically takes a minimum of 60-90 days to complete their standard review and issue the ORC Report. Once DCA determines that the proposed amendment meets State criteria, Staff may bring the proposed amendment before the Mayor and City Commissioners for final adoption. Staff anticipates bringing this amendment before the Mayor and City Commissioners for final adoption on January 18, 2000. Once adopted, amendments to the Comprehensive Plan will be permitted. POWTet Protect Ocoee's Water Resources The Honorable Mayor and City Commissioners November 29, 1999 Page 2 NOTE: In early November, DCA conducted a courtesy review of the proposed amendment and made a determination that the proposed amendment met the criteria of Chapter 163. DISCUSSION: Following are the proposed textual amendments to the Future Land Use Element of the Comprehensive Plan that address the new statutory requirements: (New) Objective 7 The City will ensure the availability of lands to future public schools by allowing adequate opportunities proximate to residential areas. (New)Policy 7.1 Elementary Schools shall be permitted in Low Density Residential, Medium Density Residential, High Density Residential, Institutional and Professional Service land use designations. Middle Schools and High Schools shall be permitted in Low Density Residential, Medium Density Residential, High Density Residential, Professional Service, Institutional and Commercial land use designations. (New)Policv 7.2 The City shall encourage the siting and collocation of public schools and other public facilities such as parks, libraries and community centers. (New)Policv 7.3 The City will ensure that, when at all possible, the siting of school buildings shall be located away from flood plains, flood prone areas, wetlands and other environmentally sensitive areas. (New)Policy 7.4 The City's Capital Improvements Program, where applicable, shall be coordinated with the Orange County Public Schools' five-year facilities work program. (New)Policv 7.5 The City shall work cooperatively and continue to maintain an ongoing exchange of information with Orange County Public Schools and other educational facility providers to ensure that new and expanded educational facilities are properly located, designed and constructed to be consistent with the City's Comprehensive Plan. (New)Policy 7.6 The City will work cooperatively with the School Board to endeavor to ensure that schools are sited in a manner to serve all neighborhoods surrounding each facility. The Honorable Mayor and City Commissioners November 29, 1999 Page 3 PLANNING AND ZONING COMMISSION RECOMMENDATION: At their regular meeting held on November 9, 1999, the Planning and Zoning Commission, acting in its capacity as the Local Planning Agency, held a Public Hearing regarding the amendment to the Future Land Use Element of the Comprehensive Plan. After discussing a few general issues regarding the proposed amendment, the Planning and Zoning Commission voted unanimously to recommend approval of the amendment to the Future Land Use Element of the Comprehensive Plan. STAFF RECOMMENDATION: Based upon the recommendation of the Local Planning Agency, Staff recommends the Mayor and City Commissioners approve transmittal of the amendment to the Future Land Use Element of the Comprehensive Plan to the Department of Community Affairs. Attachment: Ordinance Number 99-38 Copy of Public Hearing Advertisement O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR99070.doc 1-2 The Orlando Sentinel,Thursday,November 25,1999 OR1 NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO FUTURE LAND USE ELEMENT OF THE OCOEE _J COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN pursuant to Sections 163.3184 and 166.041 Florida Statutes, and Sections 1- 10 and 5-9, Ocoee Land Development Code, that on Tuesday December 7, 1999, at 7:15 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida • to consider the first of two readings to adopt the follow- ' ing Ordinance: AN ORDINANCE OF THE CITY OF OCOEE, FLORI- • DA AMENDING THE FUTURE LAND USE ELE- MENT OF THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDI- NANCE NO. 91-28 AS AMENDED TO ADDRESS SCHOOL SITTING REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. • The City Commission may continue the public hearing to other dates and times as they deem necessary. Any interested party shall be advised that the dates, times; and places of any continuation of this or continued pub- , lic hearings shall be announced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Ordinance may be inspected at the Ocoee City Clerk's office, 150 North Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. Interested parties may appear at the meeting and be heard with respect to the proposed Ordinance.Any per- son who desires to appeal any decision made during the public hearing will need a record of the proceeding and for this purpose may need to ensure that a verba- tim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 656-2322. JEAN GRAFTON,CITY CLERK, CITY OF OCOEE Thursday, November 25, 1999 (Orlando Sentinel) 8- 8 ORDINANCE NO. 99-38 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE FUTURE LAND USE ELEMENT OF THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28 AS AMENDED TO ADDRESS SCHOOL SITING REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSON OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Findings, Purpose, and Intent. In adopting this Ordinance, the City Commission of the City of Ocoee ("City Commission") hereby makes, expresses, and incorporates the following findings, purposes, and intent: a. On September 18, 1991, the City Commission adopted a new comprehensive plan pursuant to Chapter 163, Florida Statutes, by adopting Ordinance No. 91-28, which has been amended from time to time (the"Ocoee Comprehensive Plan"). b. The City has initiated Amendment No. CPA-99-001 in order to amend the Future Land Use Element of the Ocoee Comprehensive Plan to address school siting requirements pursuant to Section 163.3177 (6)(a), Florida Statutes (the Amendment'). c. On November 9, 1999, the City of Ocoee Local Planning Agency held an advertised public hearing and recommended approval of the Amendment. d. On December 7, 1999, the City Commission held an advertised public hearing and approved transmittal of the Amendment to the Florida Department of Community Affairs (DCA"). e. On January 18, 2000, the City Commission held an advertised 1 public hearing and approved adoption of the Amendment. f. All required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sectionsl-8 and 1-10 of Article I of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION 2. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. SECTION 3. Plan Amendment. The Future Land Use Element, is hereby amended by adding Objective 7 and Policies 7.1,7.2,7.3,7.4, 7.5 and 7.6 to read as reflected in Exhibit"A" attached hereto and by this reference incorporated herein. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 5. Effective Date. This Ordinance shall become effective the date the DCA or Administration Commission issues a final order finding the Amendment to be in compliance in accordance with Section 163.3184 (1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on the Amendment may be issued or commence before the effective date of this Ordinance. If a final order of noncompliance is issued by the Administration Commission, the Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the DCA, Division of Community Planning, Plan Processing 2 Team. PASSED AND ADOPTED this_ day of , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED: November 25,1999—CC1 Transmittal READ FIRST TIME: December 7,1999—CC1 Transmittal READ SECOND TIME and ADOPTED: UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2000. FOLEY& LARDNER By: City Attorney O:Kmcginnis\ALL_DATAWMENDMNT\School Siting\schooldraftord.doc 3 Exhibit A Objective 7 The City will ensure the availability of lands to future public schools by allowing adequate opportunities proximate to residential areas. Policy 7.1 Elementary Schools shall be permitted in Low Density Residential, Medium Density Residential, High Density Residential, Institutional and Professional Service land use designations. Middle Schools and High Schools shall be permitted in Low Density Residential, Medium Density Residential, High Density Residential, Professional Service, Institutional and Commercial land use designations. Policy 7.2 The City shall encourage the siting and collocation of public schools and other public facilities such as parks, libraries and community centers. Policy 7.3 The City will ensure that, when at all possible, the siting of school buildings shall be located away from flood plains, flood prone areas, wetlands and other environmentally sensitive areas. Policy 7.4 The City's Capital Improvements Program, where applicable, shall be coordinated with the Orange County Public Schools' five-year facilities work program. Policy 7.5 The City shall work cooperatively and continue to maintain an ongoing exchange of information with Orange County Public Schools and other educational facility providers to ensure that new and expanded educational facilities are properly located, designed and constructed to be consistent with the City's Comprehensive Plan. Policy 7.6 The City will work cooperatively with the School Board will endeavor to ensure that schools are sited in a manner to serve all neighborhoods surrounding each facility. 4