HomeMy WebLinkAboutItem 18 Second Reading of Ordinance for Annual CIE Update to Adopt Five-Year CIP
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: March 5, 2024
Item #: 18
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Second Reading of Ordinance for Annual Comprehensive Plan Text Amendment to
Adopt Five-Year Schedule of Capital Improvements and Update the Capital Improvement
Element (CIE); Project No. CPA-2023-003. (Zoning Manager Whitfield)
Background Summary:
First Reading of Ordinance held on February 20, 2024.
Section 163.3177(3)(a), Florida Statutes (F.S.), requires that the Comprehensive Plan contains a Capital
Improvements Element (CIE) designed to consider the need for, prioritization and location of public facilities in order
to encourage the efficient use of such facilities as development occurs within the city. The CIE is required to include
a Schedule of Capital Improvements (Schedule) incorporating publicly and privately funded projects necessary to
ensure that the adopted level of service standards is achieved and maintained. The schedule shall cover at least a
5-year period. Section 163.3177(3)(b), F.S., requires that the City review, modify, and update the Schedule and
Capital Improvements Element on an annual basis. This annual update may be accomplished by ordinance and
may not be deemed an amendment to the local comprehensive plan under Section 163.3184, F.S.
Capital Improvements Element Policy 1.5 states that the City shall continue, in conjunction with the annual process
for the preparation of the operating budget, to prepare/update and adopt a five-year capital improvements program
(CIP) in accordance with the timeline and priorities set forth in that Policy as well as Policies 1.1, 1.2 and 1.3.
Pursuant to these policies, the City has reviewed its existing public services and facilities and future needs over the
next five (5) years and prepared a five-year capital improvement plan and budget. The City conducted two (2)
advertised and publicly noticed public hearings to consider the budget and the proposed improvements. The
adoption public hearing was held on September 20, 2023. After consideration of public comments, the City
Commission adopted the FY 23/24 Budget and Schedule of Capital Improvements at its September 20, 2023,
public hearing.
This ordinance proposes to amend the Capital Improvements Element to incorporate the capacity capital
improvements from the adopted Five-Year Schedule of Capital Improvements. As such, it does not propose any
new projects or improvements not previously reviewed and approved by the Ocoee City Commission. This
amendment is applicable city-wide. Thus, no maps are included in the staff report.
Issue:
Should the Honorable Mayor and City Commissioners approve the ordinance to amend the Capital
Improvements Element and update the Five-Year Schedule of Capital Improvements within the City’s
Comprehensive Plan in accordance with Section 163.3177(3), Florida Statutes (F.S.), and Policy 1.5 of the
Capital Improvements Element?
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
Planning & Zoning Commission (PZC) Recommendation:
The PZC met on Tuesday, February 13, 2024, to consider this item and, finding no issues, made a
recommendation of approval of the proposed ordinance to update the Capital Improvements Element and
Five-Year Capital Improvements Plan in accordance with Section 163.3177(3), Florida Statutes, and Policy 1.5
of the Capital Improvements Element.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commissioners approve the ordinance to amend the
Capital Improvements Element and update the Five-Year Schedule of Capital Improvements within the City’s
Comprehensive Plan in accordance with Section 163.3177(3), Florida Statutes (F.S.), and Policy 1.5 of the Capital
Improvements Element.
Attachments:
1. Ordinance
2. Legal Ad
Financial Impacts:
N/A
Type of Item: Second Reading Public Hearing
ORDINANCE NO. 2024-
(Amendment to Capital Improvements Element
of the Comprehensive Plan and Update of the
Five-Year Schedule of Capital Improvements)
CASE NO. CPA-2023-003
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED, IN ORDER TO COMPLY WITH SECTION 163.3177(3),
FLORIDA STATUTES; AMENDING THE CAPITAL IMPROVEMENTS
ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the “Ocoee City Commission”)
adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes
(F.S.), which has been amended from time to time (the “Comprehensive Plan”); and
WHEREAS, pursuant to Section 163.3177(3)(a), F.S., the Comprehensive Plan shall
contain a Capital Improvements Element designed to consider the need for and the location of
public facilities in order to encourage the efficient use of such facilities and to include, at a
minimum, a five-year schedule of capital improvements which include publicly and privately
funded improvements; and
WHEREAS, pursuant to Section 16.3177(3)(b), F.S., the Capital Improvements Element,
to include the Five-Year Schedule of Capital Improvements, must be reviewed and updated
annually, and such update may be accomplished by ordinance and may not be deemed to be
amendments to the local comprehensive plan; and
WHEREAS, pursuant to Section 166.041(3), F.S., on February 13, 2024, the Planning
and Zoning Commission held an advertised and publicly noticed public hearing to consider the
amendment to the Capital Improvements Element to update the Five-Year Schedule of Capital
Improvements; and
WHEREAS, following advertisement and a duly noticed public hearing on the
Ordinance, on March 5, 2024, the Ocoee City Commission, in good faith, determined that this
Ordinance is in the best interest of the City and its residents and approved the amendment to the
Capital Improvements Element to update the Five-Year Schedule of Capital Improvements.
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
Chapters 163 and 166, Florida Statutes.
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SECTION 2. AMENDMENT OF THE COMPREHENSIVE PLAN. The Ocoee
City Commission hereby amends the Capital Improvement Element of the Comprehensive Plan
as set forth in Exhibit “A” attached hereto and by this reference made a part hereof, with
underlines representing additions and strike-throughs representing deletions.
SECTION 3. TRANSMITTAL. The City Clerk is hereby authorized to transmit the
required copies of the amendment to the City’s Capital Improvements Element of the
Comprehensive Plan to Florida Commerce in accordance with Section 163.3177(3), Florida
Statutes.
SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _______ day of ________________________, 2024.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this ______ day of _____________________, 2024.
FISHBACK DOMINICK
By:
City Attorney
ADVERTISED _________________, 2024
READ FIRST TIME ____________, 2024.
READ SECOND TIME AND ADOPTED
______________________________, 2024.
UNDER AGENDA ITEM NO. _____
EXHIBIT “A”
The Capital Improvements Element is hereby amended as follows:
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CITY OF OCOEE
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
***
IV. GOALS, OBJECTIVES, AND POLICIES
***
Policy 1.5: The City shall continue, in the conjunction with the annual process for preparation of
the operating budget, to prepare/update and adopt a Five-Year Schedule of Capital
Improvements, the first year of which shall be the annual capital portion of the adopted budget.
The following criteria shall be followed in developing and updating the Schedule:
A. The timetable for preparation shall be similar to that used for the preparation of the
annual budget so that financial resources available for capital projects can be identified,
implications of planned capital projects on the operating budget can be reflected.
B. The Schedule (and the process for its update) shall conform to this plan, including
specifically, but not limited to, the level of service standards, the implementation of
projects identified in the various elements, the criteria for evaluating projects, and the
criteria for establishing project priorities.
C. This Element shall be reviewed at least annually in conjunction with the update of the
CIP and shall be updated as needed to remain consistent with new information.
D. The limitation on the use of revenue bonds as a percentage of total debt.
E. The maximum ratio of total debt service and outstanding capital indebtedness to total
revenue and property tax base. The City of Ocoee will manage its outstanding debt by
limiting outstanding capital debt to a 1:10 ratio of total annual debt service to total annual
City revenues.
Policy 1.6: Pursuant to Section 163.3177(3)(b), F.S., amendments to the Five-Year Schedule of
Capital Improvements may be accomplished by ordinance and may not be deemed to be
amendments to the Comprehensive Plan. Table 6 reflects the capacity capital improvements
from the City’s currently adopted Fiscal Year 2022/20272023/2028 Five-Year Schedule of
Capital Improvements, as adopted by the Ocoee City Commission on September 21,
2022September 20, 2023, to maintain the adopted levels of service standards for parks and
recreation, stormwater, transportation and water and sewer utilities.
#Improvement Request Title Funding Source 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 Total
1
Old Winter Garden Road/Maguire
Intersection Improvements CRA 830,616.00$ 830,616.00$
2 Story Road Widening CRA 800,000.00$ 9,000,000.00$ 9,800,000.00$
3 Maguire Road Phase 5 CRA 3,000,000.00$ 3,000,000.00$ 6,000,000.00$
16,630,616.00$
1
Annual Major Water Line Extensions
Program
Current Operating
Revenue 150,000.00$ 150,000.00$ 150,000.00$ 150,000.00$ 600,000.00$
2
Annual Waste Water Plant Minor Repairs
and Upgrades
Current Operating
Revenue 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 200,000.00$
3
Annual Water Line Replacement &
Upgrade Program
Current Operating
Revenue 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 400,000.00$
4
Fullers Cross/Ocoee Apopka & Clinger
Cove New Lift Station, Force Main &
Upgrade to Clinger Cove Lift Station ARPA 2,200,000.00$ 2,200,000.00$
5
Lakewood Gravity Sewer Wurst Road to
Rewis St Fund Balance 2,500,000.00$ 2,500,000.00$
6 New Reclaimed Pumping Facility ARPA 1,784,145.00$ 1,784,145.00$
7 New Reclaimed Storage Tank ARPA 2,282,231.00$ 2,282,231.00$
8
Replacement of Existing Rotors and
Addition of a New Rotor to each of the
City's Oxidation Ditches along with
Replacement/Upgrade of the
Underground Electrical Chases,
Associated Gear Boxes, VFD Pumps and
Motors ARPA 735,000.00$ 735,000.00$
9
Transmission Main from OC Inner-
connect to New Pump Facility ARPA 1,069,496.00$ 1,069,496.00$
10 Upgrade to Existing Reuse Pump Station ARPA 225,000.00$ 225,000.00$
11
Upgrade to Existing Transfer Pump
Station ARPA 187,000.00$ 187,000.00$
12
Ocoee Wastewater Plant Nitrogen
Removal - Design 2024/2025
Construction 20252026 Fund Balance 175,000.00$ 6,000,000.00$ 6,175,000.00$
18,357,872.00$
Table 6. City of Ocoee Five-Year Capital Improvements Plan
Transportation Facilities
Transportation Facilities Total:
Utility Facilities
Utility Facilities Total:
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1 Regency Project
Current Operating
Revenue 193,461.00$ 193,461.00$
2 General Stormwater Improvements Fund Balance 320,000.00$ 320,000.00$ 320,000.00$ 960,000.00$
1,153,461.00$
1 Ocoee Action Sports Park - Phase 3
Recreation Impact
Fees 290,000.00$ 290,000.00$
2 Pickle Ball Court
Recreation Impact
Fees 200,000.00$ 200,000.00$
3 Pickleball Courts
Recreation Impact
Fees 500,000.00$ 500,000.00$
990,000.00$
37,131,949.00$
Parks & Recreation Facilities Total:
GRAND TOTAL:
Stormwater Facilities
Stormwater Facilities
Parks & Recreation Facilities