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HomeMy WebLinkAboutVI (B2) First Reading of Ordinance No. 99-09, Increase the Membership of the Planning and Zonning Commission from 7 to 9 Members, Land Development Code Amendment Agenda 1-19-99 Item VI B 2 -CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFF Ocoee COMMISSIONERS „y CITY OF OCOEE DANNYHOWELL .�, at A ISO N.LAKESHORF.DRIVE scarf ANUERSON SCO ETY� a OCOEE, FLORIDA 34761-2258 ANCY A.GLASS O NANCY I.PARKER n�, (407)656-2322 yj �Y 4..% CITY MANAGER fq Of G00* STAFF REPORT ELLIS SHAPIRO DATE: January 14, 1999 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Director of Planning W/ SUBJ: Ordinance to Increase the Size of the Planning and Zoning Commission ISSUE: Should the Mayor and City Commissioners approve Ordinance No. 99-09? BACKGROUND I DISCUSSION: At the request of the City Commission, the City Attorney drafted a proposed amendment to the Ocoee Land Development Code which would increase the size of the regular membership of the Planning and Zoning Commission by two (2) members while retaining two (2) alternate positions (Junior and Senior). The amendment also encourages selection of Planning and Zoning members from different geographical areas within the community to promote diversity. PLANNING AND ZONING COMMISSION RECOMMENDATION: At their regular meeting on January 12, 1999, the Planning and Zoning Commission held a Public Hearing to consider the proposed change to the Land Development Code. After some discussion of the proposed changes and a presentation by Commissioner Glass, the Planning and Zoning Commission voted unanimously to recommend adoption of Ordinance No. 99-09 to expand the Planning and Zoning regular membership to nine (9) members subject to elimination of all provisions pertaining to the two alternate members. It was the desire of the Planning and Zoning Commission to eliminate the alternate positions currently in existence and simply expand the regular membership. The Planning and Zoning Commission believes that the alternate positions are awkward, and that nine (9) permanent positions would provide enough members to promote geographic diversity within the community. RBW/csa Attachment P:\CALE%ANDERV\LL_DATA\CAPDFILE\Staff Reports\CC SR\BR99004.doc (A� v2 • ORDINANCE NO. 99-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION; AMENDING SECTION 3-2.A AND SECTION 3-2.C(3) OF ARTICLE IH OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO INCREASE THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION FROM 7 TO 9 MEMBERS, TO ESTABLISH THE CIRCUMSTANCES UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND VOTE AS A MEMBER, AND TO INCREASE THE QUORUM REQUIREMENT TO 5 MEMBERS OR ALTERNATE MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING AN ElfECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes the increasing need for geographical diversity among the members of the Planning and Zoning Commission as the City continues its rapid growth; and WHEREAS, the City Commission desires to provide more opportunities for the residents of Ocoee to participate in the planning process and the decisions affecting the growth of the City; and WHEREAS, the City Commission desires to increase the size of the Planning and Zoning Commission in order to create more geographical diversity among the members of the Planning and Zoning Commission and to increase participation by the City's residents in the planning process and the decisions affecting the growth of the City; and WHEREAS, the City Commission desires to establish a consistent procedure for the participation of the alternate members of the Planning and Zoning Commission; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has • held a public hearing on January 12, 1999 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan, and in the best interests of the City of Ocoee and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c), Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on January 19, 1999 and on February 2, 1999, after public notice and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee fords and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 2. Amendment to Section 3-2.A. Section 3-2.A of Article III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows: -2- A. Establishment and Membership The Planning and Zoning Commission shall consist of seven (7) nine (9) members and two (2) alternate members consisting of a senior alternate and a junior alternate, all appointed by the City Commission. Alternate members shall be entitled to participate in all meetings, but shall not be entitled to vote or otherwise act as a member except as expressly provided herein. If one member of the Planning and Zoning Commission is absent from a meeting, then the Senior Alternate shall act as a member at that meeting unless the Senior Alternate is also absent in which case the Junior Alternate shall act as a member. If two or more members of the Planning and Zoning Commission are absent from a meeting, then the Senior Alternate and Junior Alternate shall both act as members at that meeting. An alternate member acting as a member at a meeting shall be entitled to vote on all matters and shall count toward the determination of a quorum. When selecting members and alternate members of the Planning and Zoning Commission, the City Commission shall attempt to select persons from different geographical areas within the City so as to create geographical diversity and representation. No member or alternate member shall be an employee of the City of Ocoee and all members and alternate members shall be residents of the City of Ocoee. SECTION 3. Amendment of Section 3-2.C(3). Section 3-2.C(3) of Article III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows: (3) Four (1) Five (5) members or alternate members of the Planning and Zoning Commission shall constitute a quorum, and no action may be taken if less than Four (1) five (5) members and alternate members are present and voting. 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. -3- SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED , 1999 AND ADVERTISED , 1999 READ FIRST TIME ,1999 READ SECOND TIME AND ADOPTED , 1999 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,1999. FOLEY & LARDNER By: City Attorney P WIORNEWL DATA\OR➢INANOPZCImmORD.6z -4- DkT * eemNx.'mwtlar'J.Nrai'na'+u"ar:J • NOTICE OF LAND DEVELOPMENT CODE CHANGg B ,j01 OCOEE NOTICE OF•AN AMENDMENT;TO THE OCOEE:LANDP DEVELOPMENT CODE TO INCREASE THE MEMBERSHIP i ' OF PLANNING AND 20NING COMMISSION FROM 7 TO-9 t MEMBERS,TO ESTABLISH THE CIRCUMSTANCES UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND VOTE AS A MEMBER,AND TO INCREASE THE QUORUM REQUIREMENT TO 5 MEMBERS The City Commission of the City of Ocoee proposes -. to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA RELATING TO THE APPOINTMENT OF MEMBERS TO THE PLANNING AND ZON- ING COMMISSION;AMENDING SECTION 3-2(A)AND SECTION 3- 2(C)(3)OF ARTICLE III OF CHAPTER 100 OF THE CODE OF ORDI- NANCES OF THE CITY OF OCOEE;FLORIDA TO INCREASE THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION FROM 7 TO 9 MEMBERS,TO ESTABLISH THE CIRCUMSTANCES ' UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND. VOTE AS A MEMBER,AND TO INCREASE THE QUORUM REQUIRE- MENT TO S MEMBERS OR ALTERNATE MEMBERS;PROVIDING FOR SEVERASILRY;PROVIDING AN EFFECTIVE DATE. City of Ocoee,Florida AterVITIarletfin l■; - ti pt f FJj°y y-a 0 y Pilr Pt `thf ri' CtII-s fa cA rrv: vizA en J�Yp l ■Qa�. taltjr dill I rs� fl F The Ocoee City Commission will hold the first of two public hearings concerning the proposed Ordinance on Tuesday,January 19,1999 at 7:15 p.m.,or as soon thereafter as practical,and the second of two pudic hearings concemkg the pm- posed Ordnance on Tuesday,February 2,1999 at 7:15 p.m.,or as soon thereafter as practical,at the Ocoee Oily Commission Chambers, 1541 North Lik s . (Me,Ocoee.Florida.The CityCommission may continue the pudic heaMg to' other dates and tmes as they deem necessary My Interested party sous be advised mat the dates,times,and places of any continuation M Ms or conthued public hearings shall be announced during Me heahngand that no further=Ices regarding these matters will be published. A copy of the proposed Ordinance may be Inspected by the public at the Ocoee Planning Department,15D North Ldheshore Drive,Ocoee,Rota,between the'. wore of 6',00 a.m.and 5:00 p.m.,Monday through Friday,wcepr legal Malays.' Interested parties may appear at he public hearing and be heard with respect td' the proposed Ordnanc Tans notice Is given pursuant to Chapter 1156.04113)(C)., e. Florida Stables. My person wishing to appeal any decision made with respect to my matter con el4ered at Me public hearhg may need a record oldie proceeding and for this pu- pae may need tamale that a verbatim record 01 the proceedings le nade which Includes he testimony and evidence upon which the appeal Is Med.Penns wth 'disabilities needing assistance to participate M any of the proceedngs should con- tact the City Clerk's Office 96 hors In advance of me meeting al(9W)656.2322. Jinn Grafton,City Clerk Snday,January ID,1999 end Sunday,January 17,1999 OW of '