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HomeMy WebLinkAboutVI (C) Second Reading/ Transmittal: Ordinance No. 99-38, Comprehensive Plan Amendment - Future Land Use Agenda 2-15-2000 Item VI C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOTT VANDERGRIFT O AN CITY OF OCOEE COMMISSIONERS ?. !L1 # DANNY HOWELL �r p 150 N. LAKESHORE DRIVE O OCOEE, FLORIDA 34761-2258 SCOTT ANDERSON Z" (407)656-2322 RUSTY JOHNSON NANCY J.PARKER �ylf�OF GOO\.`,` CITY MANAGER STAFF REPORT ELLIS SHAPIRO DATE: February 7, 2000 TO: Honorable Mayor and City Commissioners�^�� /� FROM: Kirsten McGinnis, Senior Planner �V"` THROUGH: Russ Wagner, AICP, Director of Planning ] SUBJECT: Comprehensive Plan Amendment—Future Land Use ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number 99-38 amending the Future Land Use Element of the Comprehensive Plan by adding the following new school siting objective and related policies? 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. On December 7, 1999, 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 December 15, 1999, the proposed amendment was transmitted to DCA for expedited review. On January 18, 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. Once the proposed amendment is adopted, the City may again process other amendments to the Comprehensive Plan. OW16 OIL Protect Occee`s Water Resources The Honorable Mayor and City Commissioners February 1, 2000 Page 2 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)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. (New)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. (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)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. (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 February 1, 2000 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. CITY COMMISSION: On December 7, 1999, the City Commission, after discussion of a few general items, unanimously recommended approval to transmit the proposed amendment to the Future Land Use Element to DCA. STAFF RECOMMENDATION: Based upon the recommendation of the Planning and Zoning Commission and the Mayor and City Commissioners, Staff respectfully recommends the Mayor and City Commissioners adopt Ordinance Number 99-38, amending the Future Land Use Element of the Comprehensive Plan, pertaining to school siting. Attachment: Ordinance Number 99-38 Copy of Letter from DCA Copy of Public Hearing Advertisement 0:\CALEXANDERWLL_DATA\CAPDFILE\Staff Reports\2000CCSR\SR00024.doc 4 T` STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH S7FVFN M. SEIBERT Governor January 13, 2000 R (M11 f2 W ,retary P r h L5 0 Mr. Russell B. Wagner, AICP Director of Planning CITY OF OCOEE City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761-2258 Dear Mr. Wagner: The Department has conducted a preliminary review of the City's proposed comprehensive plan amendment received on December 16, 1999, DCA Reference No. 00-PS 1. The Department has determined not to formally review the amendment for consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In addition, the Department has not received any recommendation for review from the East Central Florida Regional Planning Council or any affected person regarding the proposed Amendment. Therefore, the proposed amendment will not be reviewed and the ORC report will be waived for this amendment(DCA reference number 00-PS1). The City may proceed to immediately adopt the amendment. This letter should be made available for public inspection. If you have any questions, please contact James Stansbury, Community Program Administrator, or Brenda Winningham, Planning Manager, at (850) 487-4545. Sincerely, ! 6 t � Bob Cambric, AICP Growth Management Administrator BC/bw cc: Ms. Sandra Glenn, East Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 85O.488.8466/Suncom 278.8466 FAX: 850.921 .0781/Suncom 291 .0781 Internet address: http://www.dca.state.fl.us FLORIDA KEYS GREEN SWAMP Area of Critical State Concern Field Office Area of Critical State Concern Field Office 2796 Overseas Highway,Suite 212 205 East tvtain Street,Suite 104 Rannw Ftnrida l lO-4641 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 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 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 February 3, 2000—CC2 Adoption Public Hearing 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:\CALEXANDER\ALL DATA\CAPDFILE\FORMS\2000 FORMS\FORMS00013.doc I 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 to endeavor to ensure that schools are sited in a manner to serve all neighborhoods surrounding each facility. 3 The Orlando Sentinel,Thursday,February 3� NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO FUTURE LAND USE 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, February 15, 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 read- ings to adopt the following Ordinance: 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. 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 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 hol- idays. Interested parties may appear at the meeting 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 proceeding and for this purpose may need to ensure that a verbatim 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 pro- ceedings 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, February 3, 2000 (Orlando Sentinel)