HomeMy WebLinkAboutItem 14 Second Reading of Ordinance to Consider the Public School Facilities Element Large Scale Comprehensive Plan Amendment; Project No CPA-2020-002Contact Name:
Contact Number:
Ocoee
florlda
AGENDA ITEM COVER SHEET
Meeting Date:
Item #
Michael Rumer
Ext. 1018
October 6, 2020
I LA
Reviewed By:
Department Director:
City Manager:
Subject: Large Scale Comprehensive Plan Text Amendment
Public School Facilities Element
Project No(s): CPA -2020-002
BACKGROUND SUMMARY:
The First Reading for the proposed Ordinance No.2020-019 was held on August 18, 2020.
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. In essence, this credit 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. There
are currently 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 City of Ocoee, under a new process for joint multi -jurisdictional
approval on projects that affect capacity of schools, 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.
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.
Proposed Amendment (Strikethrough is deleted. Underline is new):
Objective 1.3, Policy 1.3.1:
The G'ty shall not appFe e When reviewing a developer -initiated Comprehensive Plan amendment or
rezoning that would ^to eRvise increase residential density on property that is net otherwise vested, the
City shall seek input from unto! comas OCPS has 't�t^ rtnnined as to whether sufficient school
capacity will exist concurrent with the development, or a eapaGity enhaRGern^^' ^ e e^' a -XeGuted
that revides f0F 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 recommend adoption of Ordinance No.2020-019,
amending the Public -School Facility Element, updating the language to remove the requirement for a Capacity
Enhancement Agreement (CEA)?
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission (P&Z) met on August 11, 2020, to determine if the proposed Large -Scale
Amendment, amending the Public -School Facilities Element was consistent with the City's regulations. The
Planning and Zoning Commission voted unanimously to recommend approval of the Large -Scale
Comprehensive Plan Text Amendment transmittal, amending the Public -School Facility Element, updating the
language to remove the requirement for a Capacity Enhancement Agreement.
DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO), STATE, AND SURROUNDING AGENCY
REVIEW
The proposed amendment(s) were sent to DEO, State, and surrounding agencies per the statutory Expedited
Review process. The expedited review from DEO came back with no objections, recommendations, or
conditions. Also, no comments were received from other State or surrounding agencies.
RECOMMENDATIONS:
Staff recommends the Honorable Mayor and City Commissioners adopt Ordinance No.2020-019 amending the
Public -School Facilities Element, removing the requirement for a Capacity Enhancement Agreement (CEA).
Attachments:
Ordinance No.2020-019
Financial Impact:
None
Type of Item: (please mark with an x')
x Public Hearing
Ordinance First Reading
x Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
2
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
_ 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
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 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(l 1), 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 `trike+ ,s
showing deletions and underline showing new language:
Objective 1.3, Policy 1.3.1:
The City shall not ^^^reve- When reviewing a developer -initiated Comprehensive
Plan amendment or rezoning that would ^+o ;e;Nase increase residential density on
property that ,s not otherwise vested, the City shall seek input from unto' s u^h torn^ as
OCPS has d` ed as to whether sufficient school capacity will exist concurrent with
the development. nnnnnifiz enh nc^ ,+ ^ .°e e. + ?wpn- -tpd +h^+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.
ATTEST:
I_1»:161Tl :I �1a
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
FOR USE AND RELIANCE ONLY BY READ FIRST TIME , 2020.
TREAD SECOND TIME AND ADOPTED
HE CITY OF OCOEE, FLORIDA;
2020, UNDER
APPROVED AS TO FORM AND LEGALITY
AGENDA ITEM NO.
this day of 2020.
SHUFFIELD, LOWMAN & WILSON, P.A.
In
City Attorney
Exhibit A
Text Amendment
Objective 1.3, Policy 1.3.1:
The G'ty shn° not appre e When reviewing a developer -initiated Comprehensive
Plan amendment or rezoning that would ^to ;erwise increase residential density on
property that is ^^t ether wise • este, the City shall seek input from until c u^h time as
OCPS has determined as to whether sufficient school capacity will exist concurrent with
the development. OF a eapat„ ech cce t agFeem t ; expee::tedd tha ., GVde& F„r 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.
UUYY U1+' All VEK11NL{'1V1EN1
Date Published and Media Name
Advertisement or Article
_ FIMT INSERTION.
CrrVOFOCOEE
NOTICE OF PUBLIC; HEARING TO CONSIDER THE
PDBLICSCHOOLFAcaxrvELEMENT.,
LARGE SCAI E. COMPREEIENSIVE PLAN AMENDMENT
CASENOMBER: CPA -2020-002
NOTICE IS HEREBY givcn that the OCOEE CITY COMMISSION will consider
adoption ofOrdinenceNo. 2020-01,9, thereby adopting alarge-Scale Amendment,
amending the Public School Facility Element, updating the language to remove the
requirementfor a depacityEdmncementAgreement
The OCOEE CITY COMMISSION will hold a public Learing on the pro-
posed large -Scale Amendment on TUESDAY, OCTOBER 6,2020s AT 6:15
PM or ss soon thereafter as practical. The public bearing will be held in the
City Hall Commission Chambers located at 150 North Lakeshore Drive, Ocoee.
ORDINANCE NO. 2620-019
AN ORDINANCE OF THE CITY OF OCOEE, FLOFJDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PIAN AS ADOPTED IN
lggl, AS AMBNDED; AMENDING THE PUBLIC SCHOOL FACUJTY
ELEMENT OBJHLTiVE 1.3, POLICY 3.3.1, OF THE OCOEE COMPRE-
0RNSIVE PLAN TO AMEND THE PUBLIC SCHOOL FACILITY EEE-
MENT, UPDATING LANGUAGE TO REgU1RE THE CrrY TO SEEK
INPUT FROM ORANGE COUNTY PUBLIC SCHOOLS RELATING TO
SCHOOL CAPACITY WIIPItE A DEVELOPER -INITIATED, COMPRE-
_ .HENSNE PLAN AMENDMENT OR.REZONIN,G W1I.L, 'INCRHASE
nel 493 with alive
Is invited to offer c
gi
are invited
to be beard during the public bearing portion of
I is closed to the public and is subject to change based on the
Order. This meeting is broadcasted live on Spectrum Chen-
metes
a public hearing to other data and times, as it drama neces- -
party shall be advised of the dates, times, and places of any
or continued public hearings shall be announced during the
• nnnrenm.9wMine these matteia will be'Dublished. You are
ings will need a record'ofthe procceatogs and tor tors purpose, may man on ensure
that averbetim record oftlieproceedings is made which includes the testimony and
evidence upuu rvbieh the appeal is based. Persons with disabilities needing assis•
lance to partiapate "y of ibese proceedings should contact the City Clerk's Office
48 boors in advance of the meeting at 407-905-3105.
Ssntemdei 24.2020 .. 20-03992W