HomeMy WebLinkAboutItem 17 First Reading of Ordinance for the Annual Comprehensive Plan Text Amendment to Adopt Five-Year Schedule of Capital Improvements and Update the Capital Improvement Element (CIE); Project No. CPA-2024-007
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: December 3, 2024
Item #: 17
Contact Name: Anoch Whitfield Department Director: Ginger Corless
Contact Number: Ext. 1016 City Manager: Craig Shadrix
Subject: First Reading of Ordinance for the Annual Comprehensive Plan Text Amendment to
Adopt Five-Year Schedule of Capital Improvements and Update the Capital Improvement
Element (CIE); Project No. CPA-2024-007. (Zoning Manager Whitfield)
Background Summary:
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 first
public hearing was held on September 11, 2024. After consideration of public comments, the City Commission
adopted the FY 24/25 - FY 28/29 Budget and Schedule of Capital Improvements at its September 18, 2024, 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 a proposed 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 Recommendation
The Planning and Zoning Commission, acting as the Local Planning Agency (LPA), considered this item at its
November 12, 2024, public hearing and made a recommendation of approval of the proposed 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.
Staff Recommendation
Staff recommends that the Honorable Mayor and City Commissioners approve the proposed 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. Business Impact Estimate Form_Annual CIE Update
Financial Impacts:
N/A
Type of Item: First Reading
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-2024-007
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 November 12, 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 December 17, 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. ___________
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EXHIBIT “A”
The Capital Improvements Element is hereby amended as follows:
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 2023/2028 Five-Year Schedule of Capital
Improvements, as adopted by the Ocoee City Commission on September 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 2024/2025 2025/2026 2026/2027 2027/2028 2028/2029 Future Total
1 Story Road Widening CRA 950,000.00$ 18,000,000.00$18,950,000.00$
2 Old Winter Garden Road Extension CRA 1,390,616.00$ 3,700,000.00$ 3,000,000.00$ 8,090,616.00$
3 Maguire Road Phase 5 CRA 4,500,000.00$ 4,500,000.00$ 9,000,000.00$
4 Crown Point Road Extension Public/Private Partnership 660,000.00$ 660,000.00$
5 Regency PUD Project CRA 560,000.00$ 560,000.00$
6
Pine Street ROW Improvements &
Construction Road Impact Fees 375,000.00$ 50,000.00$ 3,750,000.00$ 4,175,000.00$
7 Crown Point Road Project Road Impact Fees 2,040,043.00$ 2,040,043.00$
43,475,659.00$
1 Additional Funding ARPA Project
Water/Wastewater Capital
Fund 1,845,000.00$ 1,845,000.00$
2
Sewer/Reclaim Line Upsize Associated
with Development
Water/Wastewater Capital
Fund 125,000.00$ 125,000.00$
3
Additional Funding ARPA Project
Lakewood/Rewis/Flewelling
Water/Wastewater Capital
Fund 630,000.00$ 630,000.00$
4
Additional Funding Lauren Beth Water
Extension
Water/Wastewater Capital
Fund 550,000.00$ 550,000.00$
5
Annual Major Water Line Extensions
Program
Water/Wastewater Capital
Fund 250,000.00$ 250,000.00$
6
Water Line Upsize Associated with
Development
Water/Wastewater Capital
Fund 125,000.00$ 125,000.00$
7
ARPA Additional Funding - Reclaimed
Storage Tank & Pump Facility Wastewater Capital Fund $ 2,178,884.00 2,178,884.00$
5,703,884.00$
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 General Stormwater Improvements Fund Balance 320,000.00$ 320,000.00$ 640,000.00$
640,000.00$
1 Pickle Ball Court Recreation Impact Fees 500,000.00$ 500,000.00$
2 Freedom Park Playground Recreation Impact Fees 150,000.00$ 150,000.00$
3 Prairie Lake Playground Recreation Impact Fees 150,000.00$ 150,000.00$
4 Jim Beech Center Playground Recreation Impact Fees 100,000.00$ 100,000.00$
5
Ocoee Crown Point PUD Lake Apopka
Waterside Park 192,000.00$ 650,000.00$ 300,000.00$ 1,142,000.00$
2,042,000.00$
51,861,543.00$
Parks & Recreation Facilities Total:
GRAND TOTAL:
Stormwater Facilities
Stormwater Facilities
Parks & Recreation Facilities
1
City of Ocoee
Business Impact Estimate
Proposed ordinance’s title/reference:
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.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that a
business impact estimate is not required by state law1 for the proposed ordinance, but the City is,
nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural
issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate
may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
☐ The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the municipal government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the City hereby publishes the following
information:
1 See Section 166.041(4)(c), Florida Statutes.
2
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The proposed ordinance adopts the 5-Year Capital Improvements Schedule of Capacity
Improvements into the City’s Capital Improvements Element of the Comprehensive Plan,
in accordance with Florida Statutes, to help ensure that adopted levels of service
standards for transportation and other public facilities will be achieved or maintained.
As such, the proposed ordinance will serve the public health, safety, morals and welfare.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City of Ocoee, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur: N/A
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible: N/A
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs: N/A
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
N/A
4. Additional information the governing body deems useful (if any):
None