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HomeMy WebLinkAboutVI (A1) Ordinance No. 2000-16, Amendment to Intergovernmental Coordination Element of the Comprehensive Plan Agenda 5-16-2000 Item VI A 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER__ nOcoeeLt„ S.SCOTT VANDERGRIFT CITY OF OCOEECOMMIsstoNERS150 N.LAKESHORE DRIVE DANNY HOWELL SCOTT ANDERSON IP"44 - OCOEE FLOR DA 34761-2258(407 656-2322RUSTY JOHNSON 5 NANCY J.PARKER STAFF REPORT CITY MANAGER ELLIS SHAPIRO DATE: May 1, 2000 TO: Honorable Mayor and City Commissioners FROM: Kirsten McGinnis, Senior Planner VI\ THROUGH: Russ Wagner, AICP, Director of Planning / SUBJECT: Comprehensive Plan Amendment—Intergovernmental.Coordination Element Ordinance No. 2000-16 ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number 2000-16 amending the Intergovernmental Coordination Element of the Comprehensive Plan? BACKGROUND: The proposed textual amendments to the Comprehensive Plan address the requisite changes to the Intergovernmental Coordination Element as required by F.S. Chapter 163.3177(6)(h)— expanded intergovernmental coordination. Chapter 163 requires all counties and municipalities to amend the Intergovernmental Coordination Element of their Comprehensive Plans to: 1) provide for procedures to identify and implement joint planning areas for the purpose of annexation, municipal incorporation, and joint infrastructure service areas; 2) to provide for the recognition of campus master plans; 3) and to describe the joint process for collaborative planning and decision- making on population projections and public school siting, location of unwanted uses, and the location and extension of public facilities subject to concurrency. Chapter 163 also requires that this amendment to the Intergovernmental Coordination Element be adopted prior to December 31, 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. DCA has completed their review of the EAR and recently issued a final determination of sufficiency. On March 7, 2000, the Mayor and City Commissioners elected to waive DCA's standard review (Objections, Recommendations and Comments Report—ORC) and transmit the amendment to DCA as "proposed" to expedite the review process. On March 9, 2000, the proposed amendment was transmitted to DCA for expedited review. On April 10, 2000, DCA issued at letter stating that they have reviewed the proposed amendment and have waived the ORC review (attached), enabling the City to proceed with adoption of the proposed amendment. Pa Protect Ocoee's:tater Resources,( l/ The Honorable Mayor and City Commissioners May 1, 2000 Page 2 DISCUSSION: Following are the proposed textual amendments to the Intergovernmental Coordination Element that address the new statutory requirements: (Modified) GOAL - CONTINUE TO IMPROVE THE EXISTING SYSTEM OF INTERLOCAL COORDINATION TO SUCCESSFULLY IMPLEMENT LOCAL GOVERNMENT COMPREHENSIVE PLANS AND TO RESOLVE CONFLICTS RESULTING FROM THE PLANS. (Existing) Objective 1 By 1992, the City shall enter into interlocal agreements with the Cities of Apopka and Winter Garden, the Town of Windermere, the Orange County School Board, and Orange County which will provide close coordination, evaluation and integration of local comprehensive plans and development proposals. (ECFRPC Comprehensive Regional Policy Plan Regional Issues 60 and 65, Policies 60.33, 60.32, 65.1, 65.2, and 65.5.) (Modified) Policy 1.4 The City will shall continue to coordinate with the Orange County School Board, the ECFRPC, the SJRWMD, other state agencies such as epartment „f Community Affairs, the Department of Environmental Regulation, the Department of Natural Se�.T aad or federal agencies and any other special districts on projects that fall within their jurisdictions or are multi jurisdictional in nature to identify and resolve any conflicts with the City's Comprehensive Plan, and in turn, amend the Plan as needed to ensure coordination. (New) Policy 1.5.2 The City will include in the existing interlocal agreement with Orange County policies for joint projects identified within the City's Stormwater Management Plan and the County's Stormwater Management Plan. (Modified) Objective 2 By 1992,the City shall establish a means by which level-of-service standards aro The City will coordinate with service providers that have no regulatory authority over the use of land in the City to develop recommendations that address ways to improve coordination with the City's concurrency management systems and levels of service as well as with neighboring jurisdictions- (ECFRPC Regional Policy Plan Regional Issues 60, 64 and 65, Policies 60.32, 60.34, 64.1, 64.2, 64.10, and 65.4.)_ The Honorable Mayor and City Commissioners May 1, 2000 Page 3 (New) Objective 3 The City will continue to collaborate with Orange County and Orange County Public Schools on population projections, school siting, facilities subject to concurrency, and problem land uses. (New) Policy 3.1 The City will continue to coordinate with the Orange County Planning Department in developing countywide population projections which include expected growth shown in the Comprehensive Plan for the City. (New) Policy 3.2 The City will continue to forward the population projections used in its Comprehensive Plan to the School Board so they can consider projected growth and development as it relates to the future need for schools in 5,10 and 20-year facility plans. (New) Policy 3.3 The City will continue to work with Orange County Public Schools in planning for public school sites within the City's jurisdiction to ensure consistency with the Comprehensive Plan. This will include the review of the 5,10 and 20-year facility plans of Orange County Public Schools as well as responding as needed to site specific plans to locate new schools or expand existing schools. (New) Policy 3.4 The City will utilize the countywide planning process, or other appropriate mitigation process, in the review and recommendation of any necessary modification to the agreed upon school siting process due to intergovernmental conflicts or to address any needed refinements to reflect current statutory requirements. (New) Policy 3.5 The City will review Orange County Public Schools' annually updated 5-year work program and the 10, and 20-year facility work programs to coordinate those plans with the Ocoee Comprehensive Plan. (New) Policy 3.6 City staff will coordinate as often as needed with Orange County to determine needs for water and sewer within each respective unincorporated area served by the City. (New) Policy 3.7. The City will notify Orange County in a timely manner of plans to extend water and sewer facilities in unincorporated areas contained within the City's service area. The Honorable Mayor and City Commissioners May 1, 2000 Page 4 (New) Policy 3.8 The City will conduct a review of its local standards with regard to problematic land uses to determine whether any conflicts exist between its regulations and neighboring jurisdictions regulations and what can be done to resolve any conflicts found. DEVELOPMENT REVIEW COMMITTEE MEETING: On October 20, 1999, the Development Review 'Committee (DRC) unanimously recommended approval of the proposed amendment to the Intergovernmental Coordination Element of the Comprehensive Plan. 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 Intergovernmental Coordination 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 Intergovernmental Coordination Element of the Comprehensive Plan. CITY COMMISSION: On March 7, 2000, the City Commission, after discussion of a few general items, unanimously recommended approval to transmit the proposed amendment to the Intergovernmental Coordination Element to DCA. STAFF RECOMMENDATION: Based upon the recommendations of the Planning and Zoning Commission and the Mayor and City Commissioners, Staff recommends the Mayor and City Commissioners adopt Ordinance 2000-16, amending the Intergovernmental Coordination Element of the Comprehensive Plan. Attachments: Ordinance Number 2000-16 Copy of Letter from DCA Copy of Public Hearing Advertisement O:\CALEXANDER\ALL DATA\CAPDFILE\Staff Reports\2000CCSR\SR00043.doc ORDINANCE NO. 2000-16 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE INTERGOVERNMENTAL COORDINATION . ELEMENT OF THE OCOEE COMPREHENSIVE PLAN, AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28 AS AMENDED, TO- INCREASE GOVERNMENTAL COORDINATION REGARDING POPULATION PROJECTIONS, PROBLEM LAND USES, AND EXTENSION OF PUBLIC FACILITIES SUBJECT TO CONCURRENCY; 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 ("Ocoee Comprehensive Plan"). b. The City has initiated Amendment No. CPA-99-002 in order to amend the Intergovernmental Coordination Element of the Ocoee Comprehensive Plan to address new statutory requirements pursuant to Section 163.3177 (6)(h), Florida Statutes ("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 March 7, 2000, the City Commission held an advertised public hearing and approved transmittal of the Amendment to the Florida Department of Community Affairs ("DCA"). e. On May 16, 2000, the City Commission held an advertised 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 Sections1- 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 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. 1 SECTION 3. Plan Amendment. The Intergovernmental Coordination Element is hereby amended by modifying the overall Goal, Policy 1.4 and Objective 2 and adding Policy 1.5.2, Objective 3, and Policies 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, and 3.8 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 Team. PASSED AND ADOPTED this_ day of , 2000. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED: February 24, 2000—Transmittal Public Hearing May 4, 2000—Adoption Public Hearing READ FIRST TIME: March 7, 2000—Transmittal Public Hearing READ SECOND TIME and ADOPTED: Adoption Public Hearing 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 2 Exhibit A (Modified) GOAL CONTINUE TO IMPROVE THE EXISTING SYSTEM OF INTERLOCAL COORDINATION TO SUCCESSFULLY IMPLEMENT LOCAL GOVERNMENT COMPREHENSIVE PLANS AND TO RESOLVE CONFLICTS RESULTING FROM THE PLANS. (Modified) Policy 1.4 The City will shall continue to coordinate with the Orange County School Board, the ECFRPC, the SJRWMD,, other state agencies-such as th Depar►ment of Comm„nity Affairs, the Department of Environmental Regulation, the Department of Natural Resources, the Department of Transportation, the Department of Health and Rehabilitative Services, and or federal agencies and any other special districts on projects that fall within their jurisdictions or are multi jurisdictional in nature to identify and resolve any conflicts with the City's Comprehensive Plan, and in turn, amend the Plan as needed to ensure coordination. (New) Policy 1.5.2 The City will include in the existing interlocal agreement with Orange County policies for joint projects identified within the City's Stormwater Management Plan and the County's Stormwater Management Plan. (Modified) Obiective 2 By 1 O92 the City shall establish n n ,i ndard re oT�vv=�„��o��a„-�z�.���„ a �e�,ns bTwhish level-a#-sewise-s�ta„�s-aro The City will coordinate with service providers that have no regulatory authority over the use of land in the City to develop recommendations that address ways to improve coordination with the City's concurrency management systems and levels of service as well as with neighboring jurisdictions, (ECFRPC Regional Policy Plan Regional Issues 60, 64 and 65, Policies 60.32, 60.34, 64.1, 64.2, 64.10, and 65.4.), (New) Objective 3 The City will continue to collaborate with Orange County and Orange County Public Schools on population projections, school siting, facilities subject to concurrency, and problem land uses. (New) Policy 3.1 The City will continue to coordinate with the Orange County Planning Department in developing countywide population projections which include expected growth shown in the Comprehensive Plan for the City. 3 (New) Policy 3.2 The City will continue to forward the population projections used in its Comprehensive Plan to the School Board so they can consider projected growth and development as it relates to the future need for schools in 5,10 and 20-year facility plans. (New) Policy 3.3 The City will continue to work with Orange County Public Schools in planning for public school sites within the City's jurisdiction to ensure consistency with the Comprehensive Plan. This will include the review of the 5,10 and 20-year facility plans of Orange County Public Schools as well as responding as needed to site specific plans to locate new schools or expand existing schools. (New) Policy 3.4 The City will utilize the countywide planning process, or other appropriate mitigation process, in the review-and recommendation of any necessary modification to the agreed upon school siting process due to intergovernmental conflicts or to address any needed refinements to reflect current statutory requirements. (New) Policy 3.5 The City will review Orange County Public Schools' annually updated 5-year work program and the 10, and 20-year facility work programs to coordinate those plans with the Ocoee Comprehensive Plan. (New) Policy 3.6 City staff will coordinate as often as needed with Orange County to determine needs for water and sewer within each respective unincorporated area served by the City. (New) Policy 3.7 The City will notify Orange County in a timely manner of plans to extend water and sewer facilities in unincorporated areas contained within the City's service area. (New) Policy 3.8 The City will conduct a review of its local standards with regard to problematic land uses to determine whether any conflicts exist between its regulations and neighboring jurisdictions regulations and what can be done to resolve any conflicts found. 4 (New) Policy 3.2 The City will continue to forward the population projections used in its Comprehensive Plan to the School Board so they can consider projected growth and development as it relates to the future need for schools in 5,10 and 20-year facility plans. (New) Policy 3.3 The City will continue to work with Orange County Public Schools in planning for public school sites within the City's jurisdiction to ensure consistency with the Comprehensive Plan. This will include the review of the 5,10 and 20-year facility plans of Orange County Public Schools as well as responding as needed to site specific plans to locate new schools or expand existing schools. (New) Policy 3.4 The City will utilize the countywide planning process, or other appropriate mitigation process, in the review and recommendation of any necessary modification to the agreed upon school siting process due to intergovernmental conflicts or to address any needed refinements to reflect current statutory requirements. (New) Policy 3.5 The City will review Orange County Public Schools' annually updated 5-year work program and the 10, and 20-year facility work programs to coordinate those plans with the Ocoee Comprehensive Plan. (New) Policy 3.6 City staff will coordinate as often as needed with Orange County to determine needs for water and sewer within each respective unincorporated area served by the City. (New) Policy 3.7 The City will notify Orange County in a timely manner of plans to extend water and sewer facilities in unincorporated areas contained within the City's service area. (New) Policy 3.8 The City will conduct a review of its local standards with regard to problematic land uses to determine whether any conflicts exist between its regulations and neighboring jurisdictions regulations and what can be done to resolve any conflicts found. O:\CALEXANDER\ALL DATA\CAPDFILE\FORMS\2000 FORMS\FORMS00033.doc 4 STATE OF FLORIDA • DEPA •RTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. Governor (�l p Cti' ec iaTy I ' t siu, UR April 10, 2000 The Honorable S. Scott Vandergrift,Mayor CITY OF OCOEE City of Ocoee 150 North Lakeshore Drive Ocoee,Florida 34761-2258 Dear Mayor Vandergrift: The Department has conducted a preliminary review of the City's proposed comprehensive plan amendment received on March 13, 2000, DCA Reference No. 00-1ICE. We have determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5,Florida Administrative Code. In addition, the Department has not received any recommendation for review from the East Central Regional Planning Council or any affected person regarding the proposed amendment. Therefore,the proposed amendment will not be reviewed and the Objections,Recommendations and Comments report will be waived. The City may proceed to immediately adopt the amendment. Also,pursuant to Chapter 163.3189(2)(a),F.S.,the Department recommends that the City include the following language in the adoption ordinance regarding the effective date of the adopted amendment: "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184,F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S." Further,the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 163.3184(9),F.S. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921 .0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT 2796 Overseas Highway,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard • Marathon,FL 33050-2227 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956 The Honorable S. Scott Vandergrift • April 10, 2000 Page Two '` This letter should be made available for public inspection. If you have any questions, please contact Mark Lippert, Planner IV, at(850)487-4545. Sincerely, ob Cambric, AICP Growth Management Administrator Bureau of Local Planning BC/ml cc: Mr. Russell B. Wagner,Director of Planning, City of Ocoee • Mrs. Sandra GIenn,Executive Director, East Central Florida Regional Planning Council Copy of Public Hearing Advertisement Date Published The Orlando Sentinel,Thursday,May 4,2000 Advertisement NOTICE OF PUBLIC HEARING TO • CONSIDER AN AMENDMENT TO THE INTERGOVERNMENTAL g COORDINATION ELEMENT OF THE OCOEE 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, May 16,2000, 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 second of two readings to adopt the follow- ing Ordinance: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE INTERGOVERN- MENTAL COORDINATION ELEMENT OF THE OCOEE COMPREHENSIVE PLAN, AS • ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO 91-28, AS AMENDED TO INCREASE GOVERNMENTAL COORDINA- TION REGARDING POPULATION PROJEC- TIONS,PROBLEM LAND USES,AND EXTEN- SION OF PUBLIC FACILITIES SUBJECT TO CONCURRENCY; PROVIDING FOR SEVER- ABILITY:PROVIDING AN EFFECTIVE DATE. The City Commission may continue the public hearing to other dates and times as it deems necessary.Any inter- ested party shall be advised that the dates,times, and .places of any continuation of this or continued public hearings shall be announced during the hearing and"that no further notices regarding these matters will be pub- lished. 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 public hearing and be heard with respect to the proposed Ordinance. Any person who desires to appeal any decision made during the public hearing will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings 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,May 4,2000 (Orlando Sentinel)