HomeMy WebLinkAboutVI(B) Ordinance No. 99-27 - Adoption Of Revised EAR For Comp Plan _ Agenda 9-07-99 Agenda 8-17-99
Item VI B. Item VI C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
& Cti o CITY OF OCOEE DANNYHOWELL
COMMISSIONERS
n 150 N.LAKESHotiE DRIVE
SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258RUSTY JOHNSON
04" ?� (407)656-2322 NANCY J.PARKER
Of .coon STAFF REPORT CITY MANAGER
ELLIS SHAPIRO
DATE: August 11, 1999
TO: Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Director of Planning. /
SUBJECT: Adoption of Revised Evaluation and Appraisal Report
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance No. 99-27 approving the
Revised Evaluation and.Appraisal Report?
BACKGROUND:
On June 16, 1998, the Mayor and City Commissioners adopted the Evaluation and
Appraisal Report (EAR) as part of Ordinance No. 98-09 and directed Staff to transmit it
to the Department of Community Affairs (DCA) for a compliance determination: On
August 31, 1998, the City received a Sufficiency Review from the DCA (copy attached)
outlining a few areas within the EAR which needed strengthening.
DISCUSSION:
Throughout the remainder of 1998 and up until the present, Staff has worked with DCA
Staff to craft additional language that would satisfy their concerns. Based upon verbal
representations made by DCA Staff, we now believe that the Revised EAR attached to
this Staff Report reflects appropriate revisions that will comply with the DCA Sufficiency
Review. The changes to the original EAR are identified throughout the report with
underlining to make for easier review.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting held on August 10; 1999, the Planning and Zoning Commission,
- acting in its capacity as the Local Planning Agency, held a Public Hearing regarding the
Revised Evaluation and Appraisal Report. After discussing a few general issues
regarding the proposed changes to the original report, the Planning and Zoning
Commission voted unanimously to recommend approval of the Revised Evaluation and
Appraisal Report.
Ole
Protect Ocoee's:Water Resources. CS
Page 2
Honorable Mayor and City Commissioners
August 11, 1999
STAFF RECOMMENDATION:
Based upon the recommendation of the Local Planning Agency, Staff recommends the
Mayor and City Commissioners adopt Ordinance No. 99-27 approving the Revised
Evaluation and Appraisal Report.
RBW/csa
Attachments: Ordinance No.99-27
Revised EAR
Public Hearing Advertisement
O:\CALEXANDER\ALL DATA\CAPDFILE\Staff Reports\CC SR\SR99054.doc
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
DAMES F.MURLEY
LAtiYTON CHILES Secretary
Governor
•
August 28, 1998 _ s j'
Honorable S. Scott Vandergrift, Mayor
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761-2258
RE: City of Ocoee Adopted Evaluation and Appraisal Report
Ordinance No. 98-09
Dear Mayor Vandergrift:
On June 29, 1998, the Department received the adopted Evaluation and Appraisal Report
(EAR) form the City of Ocoee . The Department has completed its sufficiency review o the
adopted report and has determined that it does not meet the requirements of Chapter 163, Part II,
Florida Statutes (F.S.), for sufficiency as defined in Subsection 163.3191(9), F.S. Please note that
pursuant to Section 163.3187(6), F.S., and rule 9J-5.0053(4)(e), Florida Administrative Code
(F.A.C.), the City is precluded from amending its comprehensive plan until the EAR is found
sufficient. The City of Ocoee may adopt amendments to implement recommendations in the
EAR.
The City's EAR makes significant progress in evaluating the adopted Comprehensive Plan
as part of the EAR process. We appreciate the hard work of the City in undertaking this
evaluation of it's comprehensive plan. However, the report needs to be revised and strengthened
to address issues associated with data and analysis in support of the comprehensive plan and
changes to Section 163, F.S., and Rule 9J-5, F.A.C. These issues are outlined in the attached
review. The Department's finding of insufficiency should not be seen as a reflection upon the
overall quality of the EAR.
It should be possible to resolve these outstanding issues expeditiously and in a
straightforward manner. The Department will work directly with your to resolve these issues
and revise the adopted EAR so as to meet the sufficiency requirements. Toward this end, the
Department will arrange a meeting with the City's staff to discuss how the EAR can be revised to
address these sufficiency issues.
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.state.fl.us/comaff/dca.html
FLORIDA MSGREEN SWAMP SOUTH FLORIDA RECOVERY OFFICE
P.O.Box 4072
Area of Critical State Concern Field Office
Honorable S. Scott Vandergrift
August 28, 1998
Page Two
With respect to any suggested amendments that may have been included in the report,
the Department's review comments do not constitute a compliance review of the proposed
amendments. The EAR-based amendments suggested in the report will be reviewed in
accordance with the requirements of Chapter 163, Part II, F.S. and Rule 9J-5, F.A.C., when
submitted as proposed amendments.
If you have any questions, please do not hesitate to call Shauna Allen, Planner IV, at (850)
487-4545. We look forward to working with you, and your staff throughout the evaluation and
appraisal process.
Sincerely,
•
J. Thomas Beck, Chief
Bureau of Local Planning
JTB/sa
cc: Mr.Russell B. Wagner, AICP, Director of Planning
Ms. Sandra Glenn, Executive Director, East Central
Florida Regional Planning Council
DEPARTMENT OF COMMUNITY AFFAIRS REVIEW COMMENT
CITY OF OCOEE ADOPTED EVALUATION AND APPRAISAL REPORT
SUFFICIENCY REVIEW •
1. Condition of each element at the date of the report: In the response to the Department's
ORC Report for Amendment 97-1, the City committed to provide additional data and analysis
regarding the impact of the activity centers and the extent of the use of the multi- and mixed use
forms of development within the overlay area in the EAR. However, this analysis was not
included in the adopted EAR.
Recommendation: The City should revise the EAR to include data and analysis regarding the
impact of the activity centers and the extent of multi-and mixed use forms of development within
the overlay areas. This analysis should consider the types and distribution of existing land uses
within the activity center and overlay areas. This analysis should also address the impact on the
plan of the new requirements of Rule 9J-5.006(4)(c), F.A.C., which encourages the establishment
of mixed land use categories and requires that policies for the implementation of thee uses be
included in the plan, including the types of land uses allowed, the percentage distribution among
the mix of uses, or other objective measure, and the density and intensity of each use. The EAR
should also be revised, as necessary, to identify the need for EAR-based amendments to address
this new requirement.
2. Effect of Statutory Changes and Identification of Needed Actions: The adopted EAR does
not evaluate the effect of the following changes on the Plan, nor identify the need for EAR-based
amendments to address the following new and revised requirements:
a. Section 163.3177(6)(a), F.S., [school siting]
b. Section 163.3177(6)(h), F.S., [intergovernmental coordination]
c. Rule 9J-5.006(1)(b)1 and (4)(b)1, F.A.C., [potable water wells and wellhead
protection areas]
d. Rule 9J-5.013(2)(c)1 and (3), F.A.C., [water quality and wetland protection]
Recommendation: The City should revise the EAR to evaluate the current statutory and rule
requirements listed above. This evaluation should identify any changes necessary to ensure that
the plan is consistent with these requirements including appropriate data and analysis to support
the proposed changes. If the City determines that the current plan is consistent with these
requirements, the EAR should be revised to document the analysis and identify specifically
which plan provisions meet these requirements.
ORDINANCE NO. 99 - 27
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ADOPTING THE REVISED 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 ("Ocoee City Commission") 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 was required to submit its EAR to the Florida
Department of Community Affairs ("Department") no later than July 1, 1998; and
WHEREAS, on June 16, 1998, the Ocoee City Commission adopted an EAR
by Ordinance No. 98-09 and subsequently submitted it to the Department; and
WHEREAS, on August 31, 1998, the :City received the Department's
sufficiency review which required revisions to the EAR; and
WHEREAS, the City of Ocoee Planning and Zoning Commission, acting as the
Local Planning Agency, held an advertised public. hearing on August 10, 1999 to consider a
draft of the revised Evaluation and Appraisal Report ("Revised EAR");
WHEREAS, following the above-referenced hearing, the Local Planning
Agency authorized the transmittal of the proposed Revised EAR to the Ocoee City Commission
for review and adoption; and .
WHEREAS, the Ocoee City Commission held advertised public hearings on
August 17, 1999 and September 7,. 1999 in order to obtain public comment regarding the
proposed Revised EAR; and
WHEREAS, the Ocoee City Commission has considered all oral and written
comments, received during public hearings,, including the recommendations .of the Local
Planning Agency; and
WHEREAS, the Ocoee City Commission desires to adopt the Revised EAR as
recommended by the Local Planning Agency with , such changes thereto as the City
Commission deems appropriate.
-1-
006.149810.1
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Section
163.3191 and Chapter 166, Florida Statutes.
Section 2. Revised EAR. The Ocoee City Commission hereby repeals Ordinance
No. 98-09 and adopts the Revised EAR attached hereto as Exhibit "A" and by this reference
made a part hereof.
Section 3. Public Participation Procedures. The Ocoee City Commission hereby
finds that the Revised EAR 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. City Commission's Designee. The Ocoee City Commission hereby
designates the Director of Planning as the designee of the City Commission to transmit the
Revised EAR to the Department and to advise the Department regarding the dates on which the
City held the required public hearings.
Section 5. Transmittal to the Department. The Ocoee.City Commission hereby
directs that three (3) copies of the adopted Revised EAR be submitted to the Department within
ten (10) days of the effective date of this Ordinance.
Section 6. Plan Amendments. In that amendments to the 1991 Ocoee
Comprehensive Plan, as amended, are not being adopted simultaneously with the adoption of
this Ordinance and the Revised EAR, the Ocoee City Commission hereby directs the Director
of Planning to prepare amendments to the 1991 Ocoee Comprehensive Plan, as amended,
based upon the recommendations contained in the Revised EAR for consideration and adoption
by the City Commission within one (1) year from the effective dated 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.
-2-
006.149810.1
PASSED AND ADOPTED this day of , 1999.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED 8/05/99 AND 8/26/99
THE CITY OF OCOEE, FLORIDA READ FIRST TIME August 17 , 1999.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF , 1999 UNDER
, 1999 AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
-3-
006.149810.1
The Orlando Sentinel,Thursday,August 26,1999
•
NOTICE OF PUBLIC HEARING BY THE
OCOEE CITY COMMISSION TO ADOPT THE
REVISED EVALUATION AND APPRAISAL REPORT
FOR THE OCOEE COMPREHENSIVE PLAN
The City Commission of the City of Ocoee proposes
to adopt the following Ordinance:
AN ORDINANCE OF THE CITY OF OCOEE,
FLORIDA ADOPTING THE REVISED EVALUA-
TION AND APPRAISAL REPORT (EAR): OF
THE 1991 CITY OF OCOEE COMPREHEN-
SIVE PLAN AS AMENDED, IN ACCORDANCE
WITH PART II OF CHAPTER 163, FLORIDA
STATUTES, AND RULE 9J-5, FLORIDA ADMIN-
ISTRATIVE CODE; PROVIDING FOR SEVER-
ABILITY; PROVIDING,AN EFFECTIVE DATE.
NOTICE IS HEREBY GIVEN, pursuant to Chapter
163, Florida Statutes, that the Ocoee City
Commission will hold the first of two public hearings
concerning the proposed Ordinance on Tuesday,
August 17, 1999 at 7:15 p.m., or as soon thereafter as
practical, and the second of two public hearings con-
cerning the proposed Ordinance on Tuesday,
September 7, 1999 at 7:15 p.m., or as soon thereafter
as practical, at the Ocoee City Commission
Chambers, 150 North Lakeshore Drive, Ocoee,
Florida. The City Commission may continue the pub-
lic hearings 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
these or continued public 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
by the public at the Ocoee Planning Department, 150
North Lakeshore Drive, Ocoee, Florida, 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 hearings and be heard with
respect to the proposed Ordinance.
Any person wishing to appeal any decision made
with respect to any matter considered at the public
hearings 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 con-
tact the City Clerk's Office 48 hours in advance of the
meeting at (407) 656-2322.
Jean Grafton -
City Clerk, City of Ocoee August 5, 1999 and August 26, 1999