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HomeMy WebLinkAboutResolution 97-16 RESOLUTION NO. 97-16: A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO PUBLIC PARTICIPATION PROCEDURES IN THE COMPREHENSIVE PLANNING PROCESS; AMENDING RESOLUTION 89-02 TO SPECIFY SUCH PROCEDURES IN CONNECTION WITH PREPARATION OF AN EVALUATION AND APPRAISAL REPORT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 18, 1989, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Resolution 89-02 providing for public participation procedures in connection with the comprehensive planning process pursuant to Chapter 163, Florida Statutes; and WHEREAS, the City of Ocoee is drafting an Evaluation and Appraisal Report (the "EAR") pursuant to Section 163.3191, Florida Statutes; and WHEREAS, the City Commission desires to specify public participation procedures in connection with the preparation of the EAR. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. Authority. The City Commission has the authority to adopt this Resolution pursuant to Article VIII of the constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION TWO. EAR Public Participation Procedures. The City Commission hereby amends Resolution 89-02 by specifying the EAR public participation procedures set forth on Exhibit A attached hereto and by this reference made a part hereof. Except as specifically amended hereby, Resolution 89-02 shall remain in full force and effect. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 FOUR. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 1(, rt_ day of b 6t.f:-1l\8~ , 1997. APPROVED: Clerk CITY OF OCOEE, FLORIDA S 5:4 (l.-v.,", \1- S. Scott Vandergrift, Myor ATTEST: (SEAL) READ FIRST TIME AND ADOPTED h6('6-MBt:1L It- , 1997, UNDER AGENDA ITEM NO. \71T B FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this ~ day of pe(e", \-J~. 1997. FOLEY Dj... ~ARDJfER 17. diJ ,/~~{Lott City Attorney By: A:\PUBPART.EARI121l2/9710COEE RESOLUTION DISK I MHF:mckenna EXI-IIBIT _A Pi\GE 1 or 3 Evaluation and Appraisal Report PUBLJC PARTICIPATION PROCEDURES I. BACKGROUND INFORMATION The City of Ocoee is entering the next phase of the continuing comprehensive planning process: evaluation of the plan. As specified in State Statute 163.3191, each City and County in Florida is required to prepare an Evaluation and Appraisal Report. The Report is an evaluation and appraisal of the Comprehensive Plan. The main purpose of this Report is to assess the success and/or failure of the current Comprehensive Plan and to change the Plan accordingly. Since the Report will serve as a basis for updating and improving the Plan, the Report largely concentrates on planning deficiencies which should be corrected to improve the overall development processes in Ocoee. Participation from citizens and property owners is an essential component of this evaluation and appraisal. Ultimately, it is the citizens and property owners of Ocoee who will determine whether the plan has been a success, a failure, or both. The Florida State Legislature has recognized the need for public participation in the comprehensive planning process in Chapter 163.3181, Florida Statutes. This Chapter requires that local governments encourage the public to participate to the fullest extent possible in the comprehensive planning process. In particular. the Legislature has directed local planning agencies and municipalities to adopt procedures for notifying property owners of any official actions which will regulate the use of their property. The procedures identified in Chapter 163.3181 and in Rule 9J-5.004, Florida Administrative Code, are the minimum standards for public panicipation procedures to be adopted by local governments. II. PUBLIC PARTICIPATION PROCEDURES The following procedures will encourage meaningful and effective public participation in the Ocoee Evaluation and Appraisal Report process and are consistent with Chapter 163.3181. F.S., and Rule 9J-5.004. F.A.C. A. Overview. The foilowing procedures are designed to facilitate the public participation process in Ocoee: (1) A regular mailing list for interested persons; (2) A representative advisory group to evaluate draft reports; (3) A newsletter published at regular intervals; (4) News releases to the media; and (5) Local Planning Agency work sessions. - Page 1 - EXHIBIT A PAGE 2 of 3 Evaluation and Appraisal Report Public Participation Procedures December 3. 1997 Page 2 B. Participants. The City will conduct a participant search that: (1) Invites all interested parties. residents. and business owners to participate; (2) Involves citizens and community groups early and throughout the process: (3) Encourages equal participation by homeowners and business leaders; As a result of the participant search, the City will create a mailing list and a representative advisory group. The mailing list will include anyone interested in the Evaluation and Appraisal Report. The City Commission will select a group of citizens and business owners that are representative of the community at large. This group will be given copies of draft reports for review and will participate in all workshops and public hearings regarding the Evaluation and Appraisal Report. The City Commission will select a limited number of citizens and business owners to comprise the representative advisory group based upon suggested nominations. Suggested nominations will be provided by the Planning and Zoning Commission, the West Orange Chamber of Commerce. and local homeowners' associations. C. Orientation. The City will prepare an orientation packet for the public containing: (1) A discussion of the purpose of the Evaluation and Appraisal Report; (2) The Evaluation and Appraisal Report Public Participation Procedures: (3) Any available summaries and draft documents; (4) The purpose and format of workshops and public hearings; and (5) The various techniques for submitting comments on proposals (written comments, discussions with staff, and oral presentations at meetings) and the effectiveness of various techniques. D. Particioation. The City will create a participation process that is accessible. efficient. understandable, and financially feasible. (1) Interested residents and business owners may all participate by speaking at meetings, contacting staff, being on the mailing list, submitting written comments, or as appointees to the representative advisory group. (2) The City will present information in an easily understandable format. (3) The City will provide copies of requested information to the participants at a reasonable cost and time considering the nature of the request. EXHI1HT A PL\.GE .3 of 3 Evaluation and Appraisal Report Public Participation Procedures December 3, 1997 Page 3 E. Information. To ensure that the public is informed about the planning process, the City will distnbute information and collect information about the Evaluation and Appraisal Report as outlined below. (1) Advertisements of public hearings will be placed in the Orlando Sentinel and the West Orange Times. (2) Workshop and public hearing notices will be posted at City Hall. (3) Draft copies of the elements will be distributed to the representative advisory group, the City Commission: and the Local Planning Agency before Joint Workshops or Public Hearings. III. FORMAL HEARINGS After the final draft of the Evaluation and Appraisal Report is complete, the Local Pl,anning Agency (Planning and Zoning Commission) will hold at least one additional public hearing on the overall Report. At that meeting, the Local Planning Agency will discuss whether the Evaluation and Appraisal Report is consistent with State requirements and local concerns. If a majority vote of the Local Planning Agency members finds the Evaluation and Appraisal Report consistent. then they will send the Report to the City Commission with a recommendation to transmit the Report to the Department of Community Affairs. After the Local Planning Agency makes its recommendation to the City Commission, the City Commission will conduct formal Public Hearings to complete the process, as required by Section 163.3184 (15), Florida Statutes. C:IALL_DA T A IAHPDFILE'lAMENDMNT\EARREPRT\EAR98001 \98PBLPRT. FNL