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Home My WebLink About21 First Reading of Ordinance for the Annual Comprehensive Plan Text Amendment to Adopt Five-Year Schedule of Capital Improvements & Update the Capital Improvement Element (CIE); Project No. CPA-2026-001 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 7, 2026 Item #: 21 Contact Name: Brett McFarlane Department Director: Nick Lepp Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: First Reading of Ordinance for the Annual Comprehensive Plan Text Amendment to Adopt Five-Year Schedule of Capital Improvements & Update the Capital Improvement Element (CIE); Project No. CPA-2026-001. (Concurrency & Commitment Coordinator McFarlane) Background Summary: Section 163.3177(3)(a), Florida Statutes (F.S.), requires that the Comprehensive Plan contain a Capital Improvements Element (CIE) designed to consider the need for, prioritization, and location of public facilities. The CIE is required to include a Schedule of Capital Improvements (Schedule) that incorporates publicly and privately funded projects necessary to ensure that the adopted level of service standards are 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. CIE Policy 1.1 states that the City shall adopt a Five-Year Capital Improvements Plan (5-Year CIP), which shall include necessary projects, publicly funded projects, and privately funded projects for which the City has no fiscal responsibility, to ensure that the adopted level of service standards are achieved and maintained for the 5-year planning period. CIE Policy 1.3 states that the 5-Year CIP and any corresponding Capital Improvements Element text amendment shall be adopted and transmitted to the State Land Planning Agency annually following adoption of the City Budget. Pursuant to these policies, the City has reviewed its existing public services and facilities, as well as its future needs over the next five (5) years, and prepared a five-year capital improvement plan and budget. The City conducted two (2) public hearings to consider the budget and proposed improvements. The first public hearing was held on September 10, 2025. The second public hearing was held on September 17, 2025, and the FY25-26 and Schedule of Capital Improvements were officially adopted. 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 that have not previously been 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 Commission recommend approval of the proposed ordinance to amend the Capital Improvements Element and update the Five-Year Schedule of Capital Improvements within the Page 572 of 812 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org City’s Comprehensive Plan in accordance with Section 163.3177(3), Florida Statutes (F.S.), and Policy 1.3 of the Capital Improvements Element? Recommendations: Planning & Zoning Commission Recommendation: The Planning & Zoning Commission, acting as the local Planning Agency (LPA), considered this item at its March 10, 2026, public hearing and recommended 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 1.3 of the Capital Improvements Element. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commission recommend 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 1.3 of the Capital Improvements Element. Attachments: 1. CIE Ordinance 2. Business Impact Estimate Financial Impacts: N/A Type of Item: First Reading Public Hearing Page 573 of 812 ORDINANCE NO. 2026-___________ (Amendment to Capital Improvements Element of the Comprehensive Plan and Update of the Five-Year Schedule of Capital Improvements) CASE NO. CPA-2026-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 2025, 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 March 10, 2026, 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 April 21, 2026, 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. Page 574 of 812 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 , 2026. By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON _____________________ ______, 20___ UNDER AGENDA ITEM NO. ____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of ________________, 20__. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney Page 575 of 812 Exhibit “A” The Capital Improvements Element is hereby amended as follows: CIE Policy 1.1: The City shall adopt a Five-Year Capital Improvements Plan (5- Year CIP) which shall include necessary projects, publicly funded projects, and privately funded projects for which the City has no fiscal responsibility, to ensure that the adopted level of service standards are achieved and maintained for the 5- year planning period, including projects in the corresponding five (5) years of the City’s Water Supply Facilities Work Plan for improving or increasing potable water facility capacities. The current Five-Year Capital Improvements plan (5- Year CIP) is as shown in CIE Figure 1 Page 576 of 812 CITY OF OCOEE, FL FY2026 ADOPTED BUDGET CIE Figure 1 Page 577 of 812 Capital Improvements: Five-year Plan CITY OF OCOEE, FL FY2026 ADOPTED BUDGET Page 578 of 812 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: 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. Page 579 of 812 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): 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; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): Page 580 of 812