HomeMy WebLinkAboutItem 11 First Reading of Ordinance to Consider the Public School Facilities Element Large Scale Comprehensive Plan Amendment ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: August 18, 2020
Item # It
Reviewed By:
Contact Name: Michael RumerY Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Large Scale Comprehensive Plan Text Amendment
Public School Facilities Element
Project No(s): CPA-2020-002
BACKGROUND SUMMARY:
Public Schools Facilities Element Objective 1.3, of the City of Ocoee Comprehensive Plan, establishes that the
City and Orange County Public Schools (OCPS) shall develop and maintain throughout the planning period a
joint process for the implementation of School Concurrency, as provided for in the adopted interlocal
agreement, adopted in 2008 and subsequently amended in 2010 (the "Interlocal Agreement"). Presently, any ,
requested Comprehensive Plan amendment and/or rezoning within the City that entails a proposed increase in
residential density must undergo a capacity review by OCPS. If there is insufficient capacity at an impacted
elementary, middle, and/or high school, the prospective developer and OCPS must enter into a Capacity
Enhancement Agreement (CEA). These agreements typically include provisions requiring the pre-payment of
impact fees, a timing mechanism, and payment of a "capital contribution", in addition to school impact fees.
House Bill 7103, signed into law on June 28, 2019, and effective as of July 1, 2019, now requires a credit
against school impact fees on a dollar-for-dollar basis for any such contribution. This credit, in essence, means
OCPS would not receive any additional monies to mitigate the impacts of additional students generated by the
increased residential density. As such, at the June 23, 2020, School Board meeting, OCPS issued a
Declaration Relating to the HB 7103 Impact on School Overcrowding Mitigation (the "Declaration"). That
Declaration declares that OCPS will no longer enter into CEAs, but will only certify whether school capacity
exists. Therefore, any project which was required to apply for a CEA on or after July 1, 2019, is on hold.
Currently, there are a total of 18 projects, countywide, and one (1) within the City of Ocoee (Ocoee Village
Center) that have been placed on hold since July 1, 2019.
To resolve the present impasse, staff from Orange County and other municipalities within Orange County are
proposing amendments to Public Schools Facilities Elements to help rectify the situation. That policy currently
prohibits the City from approving any developer-initiated Comprehensive Plan amendment or rezoning that
would increase residential density, for which OCPS has not certified that school capacity exists or for which a
CEA has not been executed. If the proposed text amendment is approved, the amended policy will require City
staff, in its review of any developer-initiated Comprehensive Plan amendment or rezoning petition that would
increase residential density, to seek input from OCPS regarding the existence of sufficient school capacity at
the public schools that would serve the development. In cases in which sufficient capacity is not available in the
affected school(s), OCPS would provide information to the City on the severity of the overcrowding and,the
timing of the availability of the needed capacity to accommodate the proposed development.
Since the CEA process has been removed, the County and municipalities by Charter will be required to utilize a
joint multi-jurisdictional approval on projects that affect capacity of schools. What this means is that from now
on, the City will have the discretion to weigh school overcrowding and timing of school capacity in its decision to
approve or deny developer-initiated Comprehensive Plan amendments or rezoning that would increase
residential density through a joint process with the County in only the situations where capacity in schools does
not exist and both the City and County are affected by the capacity issue. Since there are still a large number
of County enclaves within the City's boundaries it is anticipated that all schools zoned for Ocoee will affect the
County for the foreseeable future.
If adopted, this proposed amendment to Object 1.3, Policy 1.3.1, will provide for continued cooperation between
the City and OCPS to address the issues of school overcrowding while allowing for the development of
additional housing for Orange County's growing residential population.
Existing Comprehensive Plan Text:
Objective 1.3, Policy 1.3.1:
The City shall not approve a developer-initiated Comprehensive Plan amendment or rezoning ,
that would otherwise increase residential density on property that is not otherwise vested, until ;
such time-as OCPS has determined whether sufficient capacity will exist concurrent with the
development or a capacity enhancement agreement is executed that provides for the needed
capacity to accommodate the proposed development.
Proposed Amendment (Strikethrough is deleted. Underline is new):
Objective 1.3, Policy 1.3.1:
The City shall not apprevc When reviewing a developer-initiated Comprehensive Plan
amendment or rezoning that would otherwise increase residential density on property that is not
otherwise vestcd, the City shall seek input from until s„ch time as OCPS has determined as to
whether sufficient school capacity will exist concurrent with the development or a capacity
enhancement agreement is executed that provides for If OCPS indicates there is insufficient
capacity in the affected schools, the City may take into consideration the severity of the
overcrowding and the timing of the availability of the needed capacity to accommodate the
proposed development when deciding whether to approve or deny the requested
Comprehensive Plan amendment or rezoning.
ISSUE:
Should the Honorable Mayor and City Commissioners approve the transmittal of a proposed Large-Scale
Comprehensive Plan Text Amendment (CPA-2020-002) to the Public Schools Facilities Element removing the
requirement for a Capacity Enhancement Agreements (CEA)?
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission (P&Z) met on August 11, 2020, and voted unanimously to recommend
transmittal of the Text Amendment to the Public Schools Facility Element.
RECOMMENDATIONS:
Staff recommends the Honorable Mayor and City Commissioners approve the transmittal of the Text
Amendment to the Public Schools Facility Element, removing the requirement for a Capacity Enhancement
Agreement (CEA).
Attachments:
Proposed Ordinance 2020-019
Financial Impact:
None
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Type of Item: (please mark with an "x')
x Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
X Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A ,
Reviewed by () N/A
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ORDINANCE NO. 2020-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY
OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED;
AMENDING THE PUBLIC SCHOOL FACILITY ELEMENT, OBJECTIVE 1.3,
POLICY 1.3.1, OF THE OCOEE COMPREHENSIVE PLAN TO AMEND THE
PUBLIC SCHOOL FACILITY ELEMENT, UPDATING LANGUAGE TO REQUIRE
THE CITY TO SEEK INPUT FROM ORANGE COUNTY PUBLIC SCHOOLS
RELATING TO SCHOOL CAPACITY WHERE A DEVELOPER-INITIATED
COMPREHENSIVE PLAN AMENDMENT OR REZONING WILL INCREASE
RESIDENTIAL DENSITY, REMOVING THE REQUIREMENT FOR A CAPACITY
ENHANCEMENT AGREEMENT; PROVIDING FOR TRANSMITTAL;
AUTHORIZING THE REVISION OF THE CITY COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (City) has adopted the City's
Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Part II, Chapter 163, Florida Statutes, sets forth procedures and
requirements for a local government to adopt a comprehensive plan and amendments to
the comprehensive plan; and
WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a public hearing on August 11, 2020, to consider the
proposed amendment to the comprehensive plan; and
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on August 18, 2020,
the City Commission conducted a public hearing to consider the transmittal of the
amendment to the City's Comprehensive Plan and, after consideration of public comments,
authorized its transmittal pursuant to Section 163.3184(3), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true
and correct and incorporated herein by this reference.
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. Amendment to Comprehensive Plan. Objective 1.3, Policy 1.3.1 of
the City of Ocoee Comprehensive Plan is hereby amended as follows with ctrikcthroughs
showing deletions and underline showing new language:
Objective 1.3, Policy 1.3.1:
The City shall not approve When reviewing a developer-initiated Comprehensive
Plan amendment or rezoning that would otherwise increase residential density on
property that is-;otothen�vsted, the City shall seek input from until such time as
OCPS has-de eerrr mimed as to whether sufficient school capacity will exist concurrent with
the development or a capacity enhancement agreemeni ram_s_executed that provides for If
OCPS indicates there is insufficient capacity in the affected schools, the City may take
into consideration the severity of the overcrowding and the timing of the availability of the
needed capacity to accommodate the proposed development when deciding whether to
approve or deny the requested Comprehensive Plan amendment or rezoning.
Section 4. Transmittal. The City Clerk is hereby authorized to transmit the
required copies of the amendments to the City's Comprehensive Plan to the parties as
required pursuant to Section 163.3184(3)(b), Florida Statutes. Following transmittal the
ordinance will be considered for final adoption. Following final adoption, the City
Development Services Director is authorized to revise the City of Ocoee Comprehensive
Plan in accordance with the provisions of this Ordinance.
Section 5. 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 6. Effective Date. This Ordinance shall become effective following
adoption and in accordance with the provisions stated in Section 163.3184(3)(c), Florida
Statutes.
PASSED and APPROVED on this day of , 2020.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2020.
FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED
THE CITY OF OCOEE, FLORIDA; , 2020, UNDER
APPROVED AS TO FORM AND LEGALITY AGENDA ITEM NO.
this day of , 2020.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
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Exhibit A
Text Amendment
Objective 1.3, Policy 1.3.1:
The City shall not approve When reviewing a developer-initiated Comprehensive
Plan amendment or rezoning that would otherwise increase residential density on
property that is not otvc-vthhcerrwi,e-vested, the City shall seek input from ntil-such i e as
OCPS has-determined as to whether sufficient school capacity will exist concurrent with
the development or a capacity enhancement agreement executed that provides for If
1 M V L VVIIIVI IL IV VAV VLALVV CI � I
OCPS indicates there is insufficient capacity in the affected schools, the City may take
into consideration the severity of the overcrowding and the timing of the availability of the
needed capacity to accommodate the proposed development when deciding whether to
approve or deny the requested Comprehensive Plan amendment or rezoning.
Date Published and Media Name
10 OBSERVER I THURSDAY, AUGUST 6,2020
Advertiscinent or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
PUBLIC SCHOOL FACILITY ELEMENT LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT
CASE NUMBER: CPA-2020-002
NOTICE IS HEREBY given that the OCOEE CITY COMMISSION will consider a proposed Large -
Scale Amendment, amending the Public School Facility Element, , updating the language to remove
the requirement for a Capacity Enhancement Agreement,
The OCOEE CITY COMMISSION will hold a public hearing on the proposed amendment on
TUESDAY, AUGUST 18, 2020, AT 615 PM or as soon thereafter as practical, The public hearing
will be held In the City'Hall Commission Chambers located at 150 North, Lakeshore Drive, Ocoee.
ORDINANCE NO. 2020.019
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE
SCHOOL ELEMENT, OBJECTIVE 1.3, POLICY 1.3.1 OF THE OCOEE COMPREHENSIVE
PLANTOAMENDT'HE PUBLIC SCHOOL FACILITY ELEMENT, UPDATING LANGUAGETO
REQUIRE THE CITY SEEK INPUT FROM ORANGE COUNTY PUBLIC SCHOOLS RELATING
TO SCHOOL CAPACITY WHERE A DEVELOPERANITIATED COMPREHENSIVE PLAN
AMENDMENT OR REZONING WILL INCREASE RESIDENTIAL DENSITY, REMOVING
THE REQUIREMENT FOR A CAPACITY ENHANCEMENT AGREEMENT; PROVIDING FOR
TRANSMITTAL; AUTHORIZING THE REVISION OF THE CITY COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
All interested parties are invited to be heard during the public hearing portion of the meeting, City
Hall is closed to the public and Is subject to change based on the Governor's Executive Order, This
meeting is broadcasted live on Spectrum Channel 493 with a live stream at www.Ocoee.org/197/
Ocoee -TV. Any interested party Is Invited to offer comments and/or questions during the hearing by
emailing citizens@ocoeo.org or calling 407-554-7118 or by registering in, advance by emalling
citizens@oceee.org or calling 407-905-31105 and City staff will call you during the live meeting, A
complete case file, including a complete legal description by metes and bounds, may be examined
upon request by phone or email through the Ocoee Planning Department at 407-905-3157 or
mrivera@ocoee.org, The City Commission may continue this public hearing to other dates and
times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of
any continuation of these or continued public hearings shall be announced during the hearing and
no further notices regarding these matters will be published'. You are advised that any person who
desires to appeal any decision made at the puibllc 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 these proceedings should contact the City Clerk's Office.
ours In advance of the meeting a