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Home My WebLink AboutItem 16 Land Development Code (LDC) Amendment to Article III, Subsection A of Section 3-2 regarding an Alternate Board Member on the Planning and Zoning Commission ocoee florida AGENDA ITEM COVER SHEET Meeting Date: November 5, 2019 Item #: �(p Reviewed By: Contact Name: Michael Rumer, Development Department Director: Services Director Contact Number: Ext. 1018 City Manager: Robert Fr-i' Subject: LAND DEVELOPMENT CODE (LDC)AMENDMENT TO ARTICLE III, SUBSECTION SECTION A OF SECTION 3-2 PLANNING AND ZONING COMMISSION ALTERNATE BOARD MEMBER Background Summary: On May 15, 2018, the City Commission adopted an Ordinance which amended Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code, it amended the establishment and membership of the Planning and Zoning Commission, abolished the Board of Adjustment, revised the duties of the Planning and Zoning Commission, and incorporated the rules from Ordinance 89-19 into the Code. The adopted Ordinance consisted of changing the Planning and Zoning Commission from a nine (9) member Commission to a five (5) member Commission. The City is proposing to amend the Land Development Code and add a provision to Article Ill, Subsection A of Section 3-2 to appoint six (6) members to comprise the Planning and Zoning Commission, including one (1) alternate member appointed by the City Commission, as well as maintaining the (1) non-voting member appointed by the School Board of Orange County. The new alternate member would be required to attend and participate in Planning and Zoning meetings with the exception of holding a nonvoting status unless: i) a quorum is not met or ii) a voting conflict is made by a member. Issue: Should the Honorable Mayor and City Commission approve of Ordinance amending the Land Development Code (LDC) relative to Article Ill, Subsection A of Section 3-2 of the Planning and Zoning Commission to add one (1) alternate member appointed member by the City Commission. Development Review Committee Recommendation: The Development Review Committee (DRC) met on Tuesday, October 1, 2019, and reviewed the proposed amendment. The DRC voted to recommend approval of the language as proposed. Planning and Zoning Committee Recommendation: The Planning and Zoning Commission met on Tuesday, October 8, 2019, and reviewed the proposed amendment. The Planning and Zoning Commission voted to recommend approval of the language as proposed. 1 Recommendations: Staff recommends the Honorable Mayor and City Commission approve an Ordinance amending the Land Development Code (LDC) relative to Article Ill, Subsection A of Section 3-2 of the Planning and Zoning Commission to add one (1) alternate member appointed member by the City Commission. Attachments: Proposed Ordinance Financial Impact: NA Type of Item: (please mark with an "x") ❑ Public Hearing For Clerk's Dept Use: El Ordinance First Reading 0 Consent Agenda O Ordinance Second Reading 0 Public Hearing O Resolution 0 Regular Agenda O Commission Approval O Discussion& Direction O Original Document/Contract Attached for Execution by City Clerk O Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 2 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SUBSECTION A OF SECTION 3-2 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO THE PLANNING AND ZONING COMMISSION; ALLOWING THE MAYOR AND CITY COMMISSIONERS TO DESIGNATE ONE ALTERNATE BOARD MEMBER TO THE PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 163.3174, Florida Statutes, the City of Ocoee has established a Local Planning Agency/Planning and Zoning Commission; and WHEREAS, on August 15, 1989 the City Commission of the City of Ocoee ("City Commission") adopted ordinance 89-19 in which the City Commission established the meeting time for the City Planning and Zoning Commission; and WHEREAS, on July 21, 1992, the City Commission adopted Article III, section 3-2 of the City of Ocoee Land Development Code, to establish the Planning and Zoning Commission in Code and allow for adoption of rules; and WHEREAS, on March 9, 1993, the Planning and Zoning Commission confirmed ordinance 89-19 as the Planning and Zoning Commission's Rules of Procedure; and WHEREAS, on May 15, 2018, the City Commission adopted Ordinance 2018-021 which amended Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code relating to the Planning and Zoning Commission; and WHEREAS, on October 8, 2019, the Planning and Zoning Commission held a public hearing to consider the amendment proposed by staff to amend Section 3-2 of the Land Development Code to provide for an alternate; and WHEREAS, the City Commission may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED 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 of Section 3-2. Subsection A. of Section 3-2 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 3.2 -PLANNING AND ZONING COMMISSION. A. Establishment and Membership. The Planning and Zoning Commission shall consist of five (5) members and one (1) alternate appointed by the City Commission, and one (1) additional member appointed by the School Board of Orange County as a non-voting member. The member appointed by the School Board of Orange County shall attend those meetings at which the Planning and Zoning Commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. No member shall be an employee of the City of Ocoee and all members, except the member appointed by the School Board of Orange County, shall be a resident of the City of Ocoee. When selecting members to the five (5) member Planning and Zoning Commission, the Mayor and each member of the City Commission shall each nominate up to two (2) members who meet the above qualifications so as to create geographical diversity and representation. From the nominees, the Mayor and each City Commissioner shall appoint six (6) five (5) members to comprise the Planning and Zoning Commission. The highest ranked five (5) nominees will comprise the five (5) member Planning and Zoning Commission and the sixth highest ranked nominee will be the one (1) alternate member. The alternate member shall attend all meetings, shall be counted towards a quorum, may participate in any item where the alternate has no voting conflict, and, when necessary, will vote in the place of any absent or disqualified board member on an individual item. Subsequent vacancies on the Planning and Zoning Commission shall be filled by majority vote of the City Commission from the candidates nominated by the Mayor and City Commissioners. The Mayor and each member of the City Commission may nominate up to two (2) nominees each in the event of a vacancy. Establishment and Membership. All other provisions of Section 3.2, City of Ocoee Land Development Code, remain unchanged by this amendment. SECTION 3. 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 4. Codification. It is the intention of the City Commission of the City that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2019. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2019 READ FIRST TIME ,2019 READ SECOND TIME AND ADOPTED ,2019 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2019. SHUFFIELD, LOWMAN & WILSON By: City Attorney