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HomeMy WebLinkAboutResolution 89-02 . . . . . CITY OF OCOEE RESOLUTION NO.89-02 A RESOLUTION PROVIDING FOR PUBLIC PARTICIPATION IN THE COMPREHEN- SIVE PLANNING PROCESS FOR THE CITY OF OCOEE, FLORIDA IN CONFORMANCE WITH THE MANDATES OF CHAPTER 163, PART II, FLORIDA STATUTES AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE: PROVIDING FOR NOTICE TO REAL PROPERTY OWNERS OF PROPOSED ACTIONS; PROVISIONS FOR GENERAL PUBLIC NOTICE; PROVISIONS FOR OPPORTUNITY FOR WRITTEN COMMENTS; PROVISIONS FOR REQUIRED PUBLIC HEARINGS; PROVISIONS FOR CONSIDERATION OF AND RESPONSE TO PUBLIC COMMENTS; AND PROVISIONS FOR AN EXECUTIVE SUMMARY OF THE COMPREHENSIVE PLAN AND/OR ELEMENT UNDER CONSIDERATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted the Local Government Comprehensive Planning and Land Development Act (Chapter 163, PART II, Florida Statutes) which mandates the preparation of a comprehensive plan and unified land development code for all units of government; and, WHEREAS, it is the intent of the Legislature to reconfirm that sections 163.3161 through 163.3215 have provided and do provide the necessary statutory direction and basis for municipal officials to carry out their powers, duties, and responsibilities; and, WHEREAS, Chapter 163.3181 (1) F.S. establishes that it is the intent of the Legislature that the pUblic participate in the comprehensive planning process to the fullest extent possible; and, WHEREAS, Chapter 163.3181 (2) F.S. mandates that procedures be established which provide for broad dissemination of proposals and alternatives, opportunity for written comments, public hearings, provisions for open discussion, communications programs, information services and consideration of and response to public comments; and, WHEREAS, the State of Florida, through the Department of Community Affairs, has promulgated Chapter 9J-5.004, Florida Administrative Code, to implement the citizen participation process mandates in Chapter 163.3181, F.S.; NOW THEREFORE, BE IT ORDAINED by the City of Ocoee, Florida, that the procedures/actions described herein are adopted in conformance with the State mandates contained within Chapter 163.3181, F.S. and Chapter 9J-5.004, F.A.C. for use in considerating adoption of the comprehensive plan or any portion thereof and/or any amendments thereto. 1 . Section 1. Short Title and Authority . . . . 1.1 This resolution shall be known as the Comprehensive Plan citizen Participation Process Resolution for the City of Ocoee, Florida. 1.2 The City commission of the city of Ocoee 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 2. Intent 2.1 It is the intent of this Resolution that all citizens affected by comprehensive planning proposals be encouraged to, and are afforded the opportuni ty for, input throughout the preparation, adoption, amendment and evaluation/appraisal processes. 2.2 It is further the intent of this resolution that these procedures apply to consideration of all draft documents required for preparation of the comprehensive plan, and its Elements, the formal adoption process of the comprehensive plan, amendments to the comprehensive plan, preparation and adoption of the Evaluation and Appraisal Report, and any other matters deemed appropriate by the City Commission and the Planning and Zoning Board (the Local Planning Agency). section 3. Definitions 3.1 Unless specifically noted otherwise or listed in this Resolution, the definitions found in Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code, are hereby adopted by reference. 3.2 For the purpose of this resolution, a workshop is a meeting which usually involves staff level review of the subject material and may not necessarily involve general public involvement. Workshops are used to revise proposed material pursuant to, or in preparation for, public hearings/ meetings. Workshops are open to the public, but may not necessarily be subject to the due public notice requirements. 3.3 For the purpose of this resolution, a public hearing is a meeting held in conformance with all applicable due public notice requirements at which time a decision by the body holding the hearing is usually rendered. 3.4 For the purpose of this resolution, a public meeting is a meeting held in conformance with all applicable due public 2 . . . . . notice requirements, at which time the proposed material is generally discussed and a decision by the body holding the meeting is not usually rendered. section 4. Notice Procedures 4.1 The ci ty of Ocoee shall advertise at least twice, in a newspaper of general circulation, that is published at least five (5) days per week that a pUblic hearing or public meeting, as the case may be, will be held to consider any of the matters described in section 1.3. The advertisements will include an identification of who is holding the hearing or meeting as well as the date, time, place and general subject of the hearing or meeting and the location where a summary of the proposed material may be obtained. To the extent possible, the advertisements will encourage the public to provide written and/or verbal comments on the matters under consideration. 4.2 The advertisements shall appear no earlier than fourteen (14) days prior to the hearing or meeting and no less than five (5) days prior to the hearing or meeting. 4.3 All public hearings and public meetings shall be held after 5:30 P.M., Monday through Friday. Saturday public hearings shall be held before 5:30 P.M. Workshops may be held at other times deemed appropriate. 4.4 In addition to the advertising requirements described above, a notice of hearing or meeting will be posted at the City Hall Complex at least five (5) days prior to the hearing or meeting. A notice will also be sent to the appropriate media representatives. 4.5 The City of Ocoee shall also provide a direct notice of any hearing or meeting to any group, agency, or government that registers with the City to receive such notice at least fourteen (14) days prior to the hearing, meeting or workshop. The group, agency, or government receiving such notice shall be responsible to notify their membership of the particulars involved. 4.6 The Director of Planning shall provide a letter of notification to the media regarding the status of matters under consideration. To the extent possible, summaries of the proposed material will also be provided. 4.7 In addition, the City of Ocoee shall conform to the applicable notice requirements and procedures for adoption of the comprehensive plan or amendment thereto as described in Chapter 163.3184 and 163.3187, Florida Statutes. 3 . . . . . section 5. Local Planninq Aqencv 5.1 Prior to the ci ty Commission approval, adoption, and/or enactment as appropriate, of any matter listed in section 2.2, the Local Planning Agency, as designated in Chapter 2, section 2.4, of the City Code, shall hold at least ten public hearings, one for each element and two for transmittal, in conformance with the notice requirements described in section 4 . The hearings may be continued to an announced time certain upon a majority vote. An agenda for the hearings shall be posted in or near the meeting room and generally available to those in attendance. 5.2 The Local Planning Agency public hearings shall encourage and afford members of the public reasonable opportunity to present their views on any matter under consideration. The Chairman may, at his discretion rule out-of-order public comments he deems repetitious or not germaine to the matter under discussion. 5.3 The sequence consideration follows: activities the Local under be as reqarding the matters Planning Agency shall of by (a) Announcement of the matter for consideration by the Chairman. Evidence that the requirements of Section 4.4 have been met will be supplied prior to continuing this matter. (b) Presentation of staff reports/comments, if any, whether written or verbal. written staff reports, if prepared, shall be provided to the Local Planning Agency, applicable to agencies, media, proponents, and any group registered pursuant to Section 4.5 at least seven (7) days prior to consideration. (c) Receipt of comments from the proponents and opponents of the matter in as nearly equal proportions as possible. All speakers will be required to fill out address cards so that an accurate record of participants can be maintained. (d) Close public input except for direct questions as may be initiated by the members of the Local Planning Agency (e) Local Planning Agency discussion, debate and recommendation by maj ori ty vote prior to considering the next matter or adjournment. 4 . . . . . 5.4 The Local Planning Agency shall transmit its recommendation on each matter decided to the City Commission as soon as possible. Included in this recommendation shall be a response to the substantive public comments received during consideration of the matter. 5.5 The Local Planning Agency shall conclude consideration of the agenda no later than 11: 00 p.m. No agenda item may be initiated after 10:30 p.m. unless a majority vote agrees to do so. Agenda items not considered at this date will be placed first on the agenda of the next available date that meets the notice requirements of section 3. 5.6 As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public record laws of the State of Florida. section 6. city Commissioners 6.1 The Local Planning Agency will make a recommendation regarding any matter described in section 1.3 to the City commission. The City commission shall hold at least ten public hearings, including two transmittal meetings to consider the recommendations pursuant to the notice requirements described in section 3. The hearing shall be continued to an announced time certain upon a majority vote. An agenda for the hearing shall be posted in, or near, the meeting room and be generally available to those in attendance. 6.2 The city commission public hearings shall encourage and afford members of the public reasonable opportunity to present their views on any matter under consideration. The Mayor may, at his discretion rule out-of-order public comments he deems repetitious or not germaine to the matter under discussion. 6.3 The sequence of activities regarding consideration shall be as follows: matters under (a) Announcement of the matter for consideration by the Mayor. Evidence that the requirements of section 3.4 have been met will be supplied prior to continuing this matter. (b) Presentation of staff reports/comments, if any, whether written or verbal. Written staff reports, if prepared, shall be provided to the City Commission, applicable agencies, proponents, and any group registered pursuant to Section 3.5. The recommendation of the Local Planning Agency shall also be presented in written or verbal form. Copies of the aforementioned documents and correspondence 5 . . . . . shall be made readily available for public review at the City Hall. (c) Receipt of comments from the proponents and opponents of the matter in as nearly equal proportions as possible. All speakers will be required to fill out address cards so than an accurate record of participants can be maintained (d) Close public input except for direct questions as may be initiated by the members of the City Commission. (e) City Commission discussion, debate, and approval, adoption, or enactment, as appropriate for the specific matter, by majority vote prior to considering the next matter or adjournment. 6.4 The City Commission shall conclude consideration of the agenda no later than 11:00 p.m. No agenda item may be initiated after 10:30 p.m. unless a majority vote agrees to do so. Agenda items not considered at this hearings will be placed first on the agenda of the next date available that meets the notice requirements of section 3. 6.5 As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the State of Florida. Section 7. Advisorv Committees 7.1 The City Commission may, from time to time, appoint Advisory Committees to participate in the matters listed in section 2.2. 7.2 Advisory Committee meetings shall be subject to the notice requirements described in section 3. Workshops conducted by the Advisory Committees are open to the public. Section 8. Executive Summaries 8.1 A summary of any matter listed in Section 2.2 under consideration shall be prepared and made available to the public at least fourteen (14) days prior to each public hearing/meeting at which time the matter will be considered. 8.2 As soon as practical after adoption of the Comprehensive Plan, or any amendment thereto, a summary of the document shall be prepared and made available to the public at the cost of reproduction and handling. 6 . . . . . section 9. 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 10. Effective Date 10.1 This Resolution shall take effect fifteen (15) days after receipt of acknowledgement that this Resolution has been filed with the Florida Secretary of State. PASSED AND ADOPTED this j'jC::- day of If.P~/L , 1989. APPROVED: ATTEST: 3n'~ THOMAS R. ISON, Mayor JE FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS -.L DAY OF~, 1989 FOLEY & LARDNER, VAN DEN BERG, (l;;J'/lI;~N & ARKIN City Attorney By: 7