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HomeMy WebLinkAboutVI (A) Public Hearing - Second Reading of Ordinance No.98-09, Evaluation and Appraisal Report Agenda 6-16-98 CENTER OF GOOD LI[ZVG-PRIDE OF WEST ORANGE" Item VI A S. SCOTT VANDERGRIFT Oc0@A \ COMMISSIONERS O ,rsy R .�p CITY OF OCOEE SDANNY HOWELL COTT AN DERSON 150 N. LAKESHORE n SCOTT A.GLASS v O OCOEE, Flo- Se; SeYed NANCY J.PARKER VoJ`2V ehasbee y l44 ,�+ab1 CITY MANAGER Cf 0000 oY,ectied ELLS SHAPIRO • � STAFF REPORT DATE: May 13, 1998 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Senior Planner . - THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Evaluation and Appraisal Report-Adoption ISSUE: Should the City Commission adopt Ordinance#98-09 and direct Staff to transmit the Evaluation and Appraisal Report to the Department of Community Affairs after adoption? BACKGROUND: On March 10, 1998, the Planning and Zoning Commission unanimously recommended APPROVAL of the Evaluation and Appraisal Report. Accordingly, Staff gave the Report to the City Commission on March 17, 1998 to allow the Commission more review time than would be provided for with a standard hearing schedule. The Evaluation and Appraisal Report was prepared by Staff to assess the success and/or failure of the Comprehensive Plan. Staff considers the version presented to you in March to be a final analysis of the Comprehensive Plan. The Evaluation and Appraisal Report has eight main parts - one section for each of the required elements of the Comprehensive Plan. Each section evaluates one Element based upon eight key criteria (discussed further in the Report). DISCUSSION: The first City Commission public hearing regarding adoption of the Report will be on May 19, 1998 and the second on June 16, 1998. Once the Evaluation and Appraisal Report is adopted, Staff would then transmit it to the Department of Community Affairs for a compliance determination. After July, the Evaluation and Appraisal Report process will continue because the City is required to prepare the actual amendments to the Comprehensive Plan. These amendments must be based upon the recommendations contained in the Evaluation and Appraisal Report. Updating the Comprehensive Plan is the more complex aspect of the process. We anticipate that it will take approximately one year to complete and will involve the Planning and Zoning Commission and Evaluation and Appraisal Report advisory group members who participated in preparing the Evaluation and Appraisal Report. The amendments you see next year will refine the various elements of the Comprehensive Plan so that they reflect the current conditions and reformulated goals, objectives, and policies of the community. v lam. Staff Report to the Honorable Mayor and City Commissioners Subject: Evaluation and Appraisal Report -Adoption May 13, 1998 Page 2 PLANNING AND ZONING COMMISSION MEETING: The Recreation and Open Space, Conservation, and Intergovernmental Coordination Elements were evaluated by the Planning and Zoning Commission at their regular October 1997 meeting. On February 10, 1998, the Planning and Zoning Commission and Evaluation and Appraisal Report advisory group reviewed the Future Land Use and Housing Elements of the Comprehensive Plan. On March 10, 1998, the Planning and Zoning Commission and Evaluation and Appraisal Report advisory group reviewed the Traffic Circulation, Infrastructure, and Capital Improvements Elements. The Planning and Zoning Commission and Evaluation and Appraisal Report advisory group suggestions were largely related to the problems associated with development. There were also some comments regarding the data and analysis in Future Land Use and Housing chapters. Accordingly, Staff has incorporated all of the requested revisions and addressed their comments by editing the appropriate sections of the Future Land Use and Housing Elements. STAFF RECOMMENDATION: Based upon the recommendations of the Planning and Zoning Commission and Evaluation and Appraisal Report advisory group, Staff respectfully recommends that the Honorable Mayor and City Commissioners ADOPT Ordinance #98-09 approving the Evaluation and Appraisal Report and DIRECT Staff to transmit it to the Department of Community Affairs for a compliance determination. Attachments: Ordinance#98-09 EAR Amendment Schedule Existing Land Use Acreage Table Evaluation and Appraisal Report(previously transmitted) File:\\CAPDFILE\Staff Reports\CC SR\SR98017.doc ORDINANCE NO. 98-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE 1991 CITY OF OCOEE COMPREHENSIVE PLAN, AS AMENDED, IN ACCORDANCE WITH PART II OF CHAPTER 163, FLORIDA STATUTES, AND RULE 9J- 5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions Section 163 . 3191, Florida Statutes, the City Commission of the City of Ocoee is required to adopt an Evaluation and Appraisal Report ( "EAR") with respect to the 1991 City of Ocoee Comprehensive Plan, as amended; and WHEREAS, the City of Ocoee is required to submit its Evaluation and Appraisal Report to the Florida Department of Community Affairs no later than July 1, 1998 ; and WHEREAS, the City of Ocoee Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised public hearing on March 10, 1998 to consider a draft of the Evaluation and Appraisal Report; and WHEREAS, following the above-referenced hearing, the Local Planning Agency authorized the transmittal of the proposed Evaluation and Appraisal Report to the City Commission of the City of Ocoee for review and adoption; and WHEREAS, the City Commission of the City of Ocoee received the proposed Evaluation and Appraisal Report on March 17, 1998 and authorized the scheduling of public hearings to consider adoption of the proposed Evaluation and Appraisal Report; and WHEREAS, the City Commission of the City of Ocoee held advertised public hearings on May 19, 1998 and June 16, 1998 in order to obtain public comment regarding the proposed Evaluation and Appraisal Report; and WHEREAS, the City Commission of the City of Ocoee has considered all oral and written comments received during public hearings, including the recommendations of the Local Planning Agency; and WHEREAS, the City Commission of the City of Ocoee desires to adopt the Evaluation and Appraisal Report as recommended by the Local Planning Agency with such changes thereto as the City Commission deems appropriate. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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, Section 163 .3191 and Chapter 166, Florida Statutes. SECTION 2 . The City Commission of the City of Ocoee hereby adopts the Evaluation and Appraisal Report attached hereto as Exhibit "A" and by this reference made a part hereof. SECTION 3 . The City Commission of the City of Ocoee hereby finds that the Evaluation and Appraisal Report has been adopted in conformity with the Public Participation Procedures set forth in City of Ocoee Resolution Number 97-16 adopted on December 16, 1997. SECTION 4 . The City Commission of the City of Ocoee hereby designates the Director of Planning as the designee of the 2 City Commission to transmit the Evaluation and Appraisal Report to the Department of Community Affairs and to advise the Department of Community Affairs regarding the dates on which the City held the required public hearings . SECTION 5 . The City Commission of the City of Ocoee hereby directs that three (3) copies of the adopted Evaluation and Appraisal Report be submitted to the Department of Community Affairs within ten (10) days of the effective date of this Ordnance. SECTION 6. In that. amendments to the 1991 Ocoee Comprehensive Plan, as amended, are not being adopted simultaneously with the adoption of this Ordinance and the Evaluation and Appraisal Report, the City Commission of the City of Ocoee hereby directs the Director of Planning to prepare amendments to the 1991 Ocoee Comprehensive Plan, as amended, based upon the recommendations contained in the Evaluation and Appraisal Report for consideration and adoption by the City Commission within one (1) year from the effective date of this Ordinance. SECTION 7 . 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 8 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 3 PASSED AND ADOPTED this day of , 1998 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED May 7 & 10 and THE CITY OF OCOEE, FLORIDA June 1998 . APPROVED AS TO FORM AND LEGALITY READ FIRST TIME May 19 , 1998 . this day of , 1998 READ SECOND TIME AND ADOPTED , 1998 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney C:\W PS 1\DOCS1OCDE\ORDINANCE.FRM ISAAC:DEBBIEH;PER:dh 4 Evaluation and Appraisal Report Schedule for Adopting Comprehensive Plan Amendments Element to be Amended Cycle for Amendment Future Land Use 2"d cycle, 1999 Traffic Circulation 1" cycle, 1999 Housing 21'd cycle, 1999 Infrastructure 2"d cycle, 1999 Conservation 1St cycle, 1999 Recreation and Open Space 1" cycle, 1999 Intergovernmental Coordination 1" cycle, 1999 Capital Improvements 2' cycle, 1999 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS ` CITY OF OCOEE DANNY HOWELL o 0. y SCOTT ANDERSON w t� • 150 N.LAKESHORE DRIVE SCOTT A.GLASS C OCOEE,FLORIDA 34761-2258 NANCY J.PARKER �, v (407)656-2322 ���� ��`? CITY MANAGER Of GOOD ELLIS SHAPIRO Memorandum Date: June 8, 1998 To: The Honorable Mayor and City Commissioners From: Abra E. Home, AICP, Senior Planner -- Through: Russell B. Wagner, AICP, Director of Planning PP Subject: Corrected Table of Existing Land Use Acreage (as an attachment to the Evaluation and Appraisal Report) As discussed on May 19, 1998, the attached Table of Existing Land Use Acreage has been corrected. Please note that the changes involved corrections to the "1997 Acres" and "90-97 Percentage Change" columns of the table. If you have any questions regarding this matter, please do not hesitate to contact me at extension 131. Cc: Jean Grafton, City Clerk EAR Case File H:\ALL DATA\CAPDFILE\Memorandums\MFP98156.doc Table of Existing Land Use Acreage Existing 1985 1990 1997 90-97 Remaining 1997 Use Acres Acres Acres %Change JPA Acres (Outside of Ocoee) Agricultural 10.3 0.0 0.0 0.0% 0.0 Low Density 653.8 1110.0 2203.0 98.5% 454.0 Residential (<4 dua) Medium Density 30.0 49.4 64.0 29.6% 125.0 Residential (4-8 Dua) High Density 18.5 31.0 95.0 206.5% 205.0 Residential (8-16 Dua) Professional n/a 13.4 13.4 0.0% 20.0 Commercial 129.2 310.9 515.0 65.6% 271.0 Industrial 112.0 145.0 272.0 87.6% 108.0 Public Facilities/ 130.8 130.8 210.0 60.6% 65.0 Institutional Historic 5.0 5.0 5.0 0.0% 0.0 Recreation and Open 62.3 138.8 170.0 22.5% 15.0 Space Conservation 304.2 606.6 684.0 12.8% 200.0 Vacant 1796.3 2985.7 3844.0 28.7% 1605.0 Subtotal: 3252.4 5526.6 8075.4 46.1% 3068.0 Roads/Rights-of- 2483.2 3006.0 21.1% 737.0 Way Total: 3252.4 8009.8 11081.4 38.3% I 3805.0 Total Acres JPA& City Limits (w/roads, rights-of-way, conservation, and lakes) 14886.4 Source: Ocoee Planning Department, 1997. H:W.L DATA\CAPDFILE\COMPPLAN\1998-EAR\FINALELU.WPD est Oyu°e- v es �� . June 11, 1998 The W ORI The Orlando Sentinel,Thursday,June 11, 1998 I-5— • C i ism ThursdfyE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING BY THE OCOEE CITY BY THE OCOEE CITY COMMISSION COMMISSION TO ADOPT TO ADOPT EVALUATION AND APPRAISAL REPORT EVALUATION AND APPRAISAL REPORT NOTICE IS HEREBY GIVEN, pursuant to Chapter 163 and 166, Florida Statutes, and Section 1-8, Ocoee Land Development Code,that the NOTICE IS HEREBY GIVEN, pursuant to Chapters 163 and 166, Florida City of Ocoee proposes to adopt the following Ordinance:AN Statutes, and Section 1-8, Ocoee Land Development Code, that the City of ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING THE Ocoee proposes to adopt the following Ordinance: AN ORDINANCE OF THE EVALUATION AND APPRAISAL REPORT(EAR) OF THE 1991 CITY OF CITY OF OCOEE, FLORIDA ADOPTING THE EVALUATION AND APPRAISAL OCOEE COMPREHENSIVE PLAN,AS AMENDED, IN ACCORDANCE REPORT(EAR)OF THE 1991 CITY OF OCOEE COMPREHENSIVE PLAN,AS WITH PART II OF CHAPTER 163, FLORIDA STATUTES,AND RULE AMENDED, IN ACCORDANCE WITH PART II OF CHAPTER 163, FLORIDA 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR AN EFFECTIVE DATE.The proposed Ordinance applies to all property STATUTES,AND RULE 9J-5,FLORIDA ADMINISTRATIVE CODE:PROVIDING within the Ocoee City limits,as illustrated in the map below. FOR AN EFFECTIVE DATE. The proposed Ordinance applies to all property within the Ocoee city limits,as illustrated in the map below.• City j Florida r7g!!!! Me • .N C C i ty o f M IYa hitt 1 - r.t.Ma Amin as. • I r , y r' j11i ' •' .. ! Ili i,r r 17 =K,--• _a 001,1 l, �--- e — : -' I . , f� - s :JL . • I I-: L I _ - -nom_,. . r . -„I__ • I :` I ( .1 . I ■ l • t „.7.A.11 y' ' 11 FEEII J :: (-: ❑a'iq sr ,;, �• , ,. - • =LMM N NCar Limits A '11 1,• K"' , Actual policy or map amendments will not be adopted as part of the 'A.b ` �w. ?� proposed Ordinance. f•74"7 • } The Ocoee City Commission will hold the second of two public Actual policy or map amendments will not be adopted as part of the proposed hearings on the proposed Ordinance on Tuesday,June 16, 1998 at Ordinance. 7:15 p.m.,or as soon thereafter as practical,at the Ocoee City Commission Chambers,City Hall, 150 North Lakeshore Drive,Ocoee, The Ocoee City Commission will hold the second of two public hearings on the Florida.The Ocoee City Commission may continue the public hearing proposed Ordinance on Tuesday June 16.1998 at 7:15 p.m.,or as soon thereafter to other dates,times,and places that they deem necessary.Any as practical, at the Ocoee City Commission Chambers, City Hall 150 North interested party shall be advised that the dates,times and places of I Lakeshore Drive,Ocoee, Florida.The Ocoee City Commission may continue the any continuation of this or continued public hearings shall be public hearing to other dates, times, and places that they deem necessary. Any announced during the hearing and that no further notice regarding I interested party shall be advised that the dates, times, and places of any these matters will be published.A copy of the proposed Ordinance continuation of this or continued public hearings shall be announced during the and Evaluation and Appraisal Report may be inspected by the public hear'ng and that no further notices regarding these matters will be published. A at the Ocoee Planning Department, 150 North Lakeshore Drive, copy of the proposed Ordinance and Evaluation and Appraisal Report may be Ocoee, Florida, between the hours of 8:00 a.m.and 5:00 p.m., inspected by the public at the Ocoee Planning Department, 150 North Lakeshore Monday through Friday, except legal holidays. Drive. Ocoee. Florida, between the hours of 8:00 a.m. and 5.00 p.m.. Monday Interested parties may appear at the public hearing and be heard with through Friday,except legal holidays. Interested parties may appear at the public hearing and be heard with respect to respect to the proposed Ordinance.Any person wishing to appeal any r the proposed Ordinance. Any person wishing to appeal any decision made with decision made with respect to any matter considered at the public respect to any matter considered at the public hearing will need a record of the hearing will need a record of the proceeding, and for this purpose may proceeding,and for this purpose may need to ensure that a verbatim record of the need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is proceedings is made which includes the testimony and evidence upon which the based. Persons with disabilities needing assistance to participate in appeal is based. Persons with disabilities needing assistance to participate in any, any of the proceedings should contact the City Clerks Office 48 hours of the proceedings should contact the City Clerk's Office 48 hours in advance of, in advance of the meeting at (407) 656-2322. N the meeting at(407)656-2322. I IS Jean Grafton.City Clerk Jean Grafton, City Clerk g City of Ccoee City of Ocoee June 11,1998