HomeMy WebLinkAboutItem #06 a.b.c. Second Reading of Ordinance Regarding Changes to LDC - Section 1.10 & 5.9tenter of Good Li ~ ~ `~~` +''~^' 1~-'~S ~ a ~~
.S~'e -- -- v~g
a
~~~_
4~ i
AGENDA ITEM COVER SHEET
Meeting Date: June 2, 2009
Item # ~ a „ ~, ~
~T
Contact Name:
Contact Number:
Michael Rumer~,r~
407-905-3100, Ext. 1018
Reviewed By:
Department Directo
City Manager: ~~~,~
Subject: Modification to Article I, Section 1-10 and Article V, Section 5-9
City of Ocoee Land Development Code (LDC)
Commission District -All Districts
Background Summary:
The City has begun the process for the involuntary annexation of Phases 2 & 3 of the Rose Hill
subdivision. During staff's review of the meeting noticing requirements located in the City's LDC and
those required by state statute, staff found the LDC to be more arduous then the requirements of the
Florida Statutes and found duplication in the aforementioned sections. Staff proposes the
amendments to the LDC in order to bring the LDC noticing requirements in line with the Florida
Statutes, clarify existing policy, and delete duplication.
Issue:
Should the Honorable Mayor and City Commissioners approve amendments to the Land Development
Code (LDC) relative to Section 1-10 of Article I of Chapter 180 of the Code of Ordinances regarding
public hearing noticing for annexations, rezonings and Comprehensive Plan Amendments; and to
Section 5-9 of Article V of Chapter 180 regarding processing procedures for annexations,
zoning/rezonings and comprehensive plan amendments?
Planning & Zoning Commission Recommendation:
The Planning & Zoning Commission met on May 12, 2009 to consider the amendments to the Land
Development Code (LDC) relative to Section 1-10 of Article I of Chapter 180 of the Code of
Ordinances regarding public hearing noticing for annexations, rezonings and Comprehensive Plan
Amendments; and to Section 5-9 of Article V of Chapter 180 regarding processing procedures for
annexations, zoning/rezonings and comprehensive plan amendments. After a brief discussion
explaining notification requirements, the Planning and Zoning Commission voted unanimously to
recommend approval of the proposed amendments to the Land Development Code.
Recommendations
Staff respectfully recommends that the Mayor and City Commissioners approve Ordinance 2009-014
providing the amendments to the Land Development Code.
Attachments:
Excerpts Article I, Section 1-10
Excerpts Article V, Section 5-9
Ordinance
Financial Impact:
N!A
Type of Item: (please marts with an `x')
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
N/A
O:1Staff Reports\2009\SR090043_MR_ModificationToArticle1_LDC_CC_2nd.doc
2
OCOEE LAND DEVELOPMENT CODE / PROPOSED AMENDMENTS
1-10. NOTICE.
A. Public Hearing Notice for Rezonings, Annexations. Rezoninl!s. and Comprehensive Plan
Amendments
(1) Notice Procedures.
(iLAll public hearing notices in connection with rezonings, annexations and
Comprehensive Plan Amendments shall be consistent with the applicable requirements
under the Florida Statutes. Specifically, public hearing notice requirements shall be
consistent with Chapter 166, Florida Statutes, with respect to rezonings, Chapters 166
and 171, Florida Statutes, with respect to annexations, and Chapter 163, Florida Statutes,
with respect to Comprehensive Plan Amendments. In addition, posted notice
(ii) Notice of such hearinl!s shall be gWeaoosted on the orooertv at least twelve (12) days
in advance of a public hearing. In the case of a City initiated annexation under Section
171.0413. Florida Statutes. oosted notice of the hearinl! shall not be reauired.
iliiL The pwner of the property for which a changerezoninl!. annexation or
comorehensive olan amendment is sought shall be notified by Certifiedrel!ular U.S. Mail,
at least 30 days prior to such public hearing, exceptii) when the changeaction is sought
by the owner of the orooertv, in which case such notice shall not be required. Notice of
sueh hearings shall also be posted on the property and at City Hall. and (ii) when the
action involves an annexation under Section 171.0413. Florida Statutes. in which case the
owner of the orooertv shall receive mailed notice in accordance with the reauirements of
Chaoter 171. Florida Statutes.
~Notice of such hearings shall also be sent by regular mail at least seven (7) days
prior to the hearing date to all property owners within 300 feet of the property which is
the subject of the public hearing. In addition, notice Comoliance with this section shall be
based on the date ofmailinl! bv the City.
(v) Notice of such hearinl!s shall be given in a newspaper of general circulation at least
+Gseven (7) days in advance of the public hearing. exceot for a hearinl! involvinl! an
annexation under Section 171.0413. Florida Statutes. in which case notice shall be
oublished in accordance with the reauirements ofChaoter 171. Florida Statutes. For the
ourooses of this Code. the West Oranl!e Times is found to be a newsoaoer of l!eneral
circulation.
(vi) Unless otherwise reauired bv Florida Statutes. all mailed and oublished notices for
Planninl! and Zoninl! Commission hearinl!s may combined in a sinl!le notice of all
orooosed actions related to a oarticular orooertv (i.e.. annexation and initial zoninl! mav
ORLA_1300500.1
be combined in a sinQle notice). The form of such notice shall be determined by the
PlanninQ Deoartment.
(2) Posting on Property.
Posted notice of such hearinQs (both PlanninQ and ZoninQ Commission and City Commission)
shall remain in olace throuQh the second readinQ and oubHc hearinQ before the City Commission.
The PlanninQ Deoartment shall be resoonsible for issuinQ the siQns for oostinQ on the orooertv
and the landowner is resoonsible for installinQ (and later removinQ) them. The sign to be posted
on the said landorooertv shall be at least two (2) feet square and shall contain substantially the
following language:
A PUBLIC HEARING CONCERNING THE USE OF THIS PROPERTY WILL BE
HELD BY THE CITY COMMISSION OF THE CITY OF OCOEE. CALL THE
PLANNING DEPARTMENT AT OCOEE CITY HALL (407-905-3100) FOR
INFORMATION.
The signs shall be erected in full view of the general public on each street side of said landthe
orooertv by the applicant.
(3) Additional Methods ofNotification7: Conflicts
In addition to the required public hearing notices as heretofore set forth, the City Commission
may, at its option, utilize other methods of noti fication of such public hearings. In the event of a
conflict between any notice requirements set forth in this Code and the Florida Statutes, the
provisions of the Florida Statutes shall prevail. A written ooinion of the Citv Attornev to the
effect that there is a conflict with the Florida Statutes be controllinQ for the ourooses of
determininQ comoliance with the foreQoinQ noticinQ reauirements and the non-aoolicability of
any noticinQ orovisions of this Code.
(4) Aoolicabilitv to PlanninQ and ZoninQ Commission and Citv Commission.
The noticinQ reauirements of this section shall be aoolicable to oublic hearinQs held by both the
PlanninQ and ZoninQ Commission and the Citv Commission in connection with rezoninQs.
annexations and Comorehensiye Plan Amendments. Notices of hearinQs before the PlanninQ and
ZoninQ Commission and the City Commission may be combined in a sinQle notice.
ORLA_1300500.1
~ 5-9. ANNEXATIONS, ZONINGS/REZONINGS, AND COMPREHENSIVE PLAN
AMENDMENTS.
A. Requests for annexation into the City of Ocoee may be made if the property is compact and
contiguous to property already within the current City limits. All land anne)wd into the City shall
require city zoning uponmeets the statutory reQuirements for annexation under Chaoter 171.
Florida Statutes. The Citv Commission may leave the Oram!e County zonim.!. in olace with
resoect to lands annexed into the City of Ocoee or mav establish an initial city zoninQ uoon
annexation. The establishment of the initial citv zoninQ may occur contemooraneous with the
annexation or subseQuent to the annexation.
B. Requests for initial zoning/rezoning of property fall into two categories:
(1) Those requests which are consistent with the City of Ocoee's Comprehensive Plan.
(2) Requests thatThose reQuests which are inconsistent with the City of Ocoee's
Comprehensive Plan will require. in which case a Comprehensive Plan Amendment will
be reQuired orior to the adootion of the initial zoninQ/rezoninQ of the orooertv.
C. Requests for a Comprehensive Plan Amendment may only be acted upon during certain
times of the year.in accordance with such schedules as may be established from time-to-time bv
the City PlanninQ Deoartment. Amendments are needed if the request calls for a change to the
Future Land Use Map or any text in the Comprehensive Plan.
D. The Planning Department processes all petitions for annexation, initial zoning/rezoning, and
Comprehensive Plan Amendments. The applications are accepted and processed during certain
calendar periods throughout the year. Consult thein accordance with such schedules as mav be
established from time-to-time bv the City Planning Department for details.
E. Public hearings for annexations and zonings/rezonings which are consistent 'with the
Comprehensi','e Plan and involving less than five (5) percent of the land area in the City.(1)
Notice shall be consistent with the requirement under 166.011,Unless otherwise reQuired bv
Florida Statutes, as amended. /\~ public hearing +swill be held at the Planning and Zoning
Commission/Local PlanninQ AQencv level and then again before the City Cqrnmission at the
second reading of the ordinance.
(2) Notice of such hearings (both Plar.ning and Zoning and City Commission) shall be posted
conspicuously on the property and at City Hall at least t'.veIve (12) days in advance of the
Planning and Zoning Commission hearing and must remain in place through the second reading
and public hearing before the City Commission. The Planning Department issues the signs f{)[
posting on the property and the lando',mer is responsible f{)r installing (and later removing)
theRr.
(3) .^JI property o\mers within three hundred feet (300') of the subject property will be notified
of the public hearing by mail at least seven (7) days prior to the hearing date of the Planning and
ORLA_1300500.1
Zoning Commission meeting and again for the second reading of the ordinance befDre the City
Commission. In addition, notice shall be given in a ne'Nspaper of general circulation at least
seven (7) days in advance of both public hearings.
F. Public hearings for annmmtions and zonings/rezonings which are not consistent ."/ith the
Comprehensive Plan and other Comprehensive Plan Amendments and involving less than five
(5) percent of the land area in the City. (See ,\rticle I.)
(1) ,^~pplications for amendments to the City of Ocoee Comprehensive Plan will be reviewed at
a public hearing to be held before the Local Planning .t\gencylPlanning and Zoning Commission
and two (2) public hearings before the City Commission. (See f~rticle I, Section I 8.)
(2) The public hearing before the Planning and Zoning Commission must be advertised and
notice must be sent to property ovvners within three hundred feet (300') of the subject property.
This notice to property owners should also gi'/e the date, time, and place of the first City
Commission hearing.
(3) ,^~t the City Commission level, an ad';ertised public hearing is also held. The hearing shall
be held on a weekday, approximately se';en (7) days after the day that the advertisement is
published. The second public hearing before the City Commission must be held on a weekday,
approximately five (5) days after the day the second advertisement is published. Before this
second City Commission meeting, another notice to property owners within three hundred feet
(300') must be mailed.
(a) If the proposed Comprehensive Plan f~mendment ehanges the permitted uses of
land or changes land use categories, the required advertisements shall be no less than
one quarter page in a standard size or a tabloid size newspaper, and the headline in
the advertisement must be in a type no smaller than 18 point. The advertisement
must not be placed in that portion of the nevvspaper where legal notices and
classified advertisements appear. The advertisement must be published in a
newspaper of general paid circulation in the eounty and of general interest and
readership in the community, not one of limited subject matter, pursuant to Chapter
50, Florida Statutes. The advertisement must appear in a newspaper that is published
at least five (5) days a week, unless the only nev/spaper in the community is
published less than five (5) days a week. The advertisement must be in substantially
the following form:
NOTICE OF CHI\NGE OF LAND USE
The (Name of Local Government) proposes to change the use of land
within the area shown in the map in this advertisement. A public hearing
on the proposal will be held on (date and time) at (meeting place).
The advertisement must also contain a geographic location map 'Nhich clearly
indicates the area covered by the proposal. The map must include major street names
as a means of identification of the area.
ORLA_1300500.1
ORLA_1300500.1
(b) Notice of such hearings (both Planning and Zoning Commission and City
Commission) shall be posted conspicuously on the property and at City Hall at least
twelve (12) days in advance of the Planning and Zoning Commission public hearing
and must remain in place through the second reading and public hearing before the
City Commission. The Planning Department issues the signs for posting on the
property and the landowner is responsible for installing (and later removing) them.
ORDINANCE NO. 2009-014
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND
DEVELOPMENT CODE; RESCINDING AND REPLACING IN ITS
ENTIRETY SECTION 1-10 OF ARTICLE I OF CHAPTER 180 OF
THE CODE OF ORDINANCES OF THE CITY OF OCOEE
REGARDING PUBLIC HEARING NOTICE FOR ANNEXATIONS,
REZONINGS AND COMPREHENSIVE PLAN AMENDMENTS;
RESCINDING AND REPLACING IN ITS ENTIRETY SECTION 5-
9 OF ARTICLE V OF CHAPTER 180 REGARDING PROCESSING
PROCEDURES FOR ANNEXATIONS, ZONINGS/REZONINGS
AND COMPREHENSIVE PLAN AMENDMENTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee 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.
SECTION 2. Section 1-10 of Article I of Chapter 180 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby rescinded in its entirety and a new Section 1-10 of Article
I of Chapter 180 is hereby adopted as follows:
1-10. NOTICE.
A. Public Hearing Notice for Annexations, Rezonings, and Comprehensive Plan
Amendments
(1) Notice Procedures.
(i) All public hearing notices in connection with rezonings, annexations and
Comprehensive Plan Amendments shall be consistent with the applicable
requirements under the Florida Statutes. Specifically, public hearing notice
requirements shall be consistent with Chapter 166, Florida Statutes, with respect
to rezonings, Chapters 166 and 171, Florida Statutes, with respect to annexations,
and Chapter 163, Florida Statutes, with respect to Comprehensive Plan
Amendments.
(ii) Notice of such hearings shall be posted on the property at least twelve (12)
days in advance of a public hearing. In the case of a City initiated annexation
under Section 171.0413, Florida Statutes, posted notice of the hearing shall not be
required.
(iii) The owner of the property for which a rezoning, annexation or
comprehensive plan amendment is sought shall be notified by regular U.S. Mail,
at least 30 days prior to such public hearing, except (i) when the action is sought
by the owner of the property, in which case such notice shall not be required, and
(ii) when the action involves an annexation under Section 171.0413, Florida
Statutes, in which case the owner of the property shall receive mailed notice in
accordance with the requirements of Chapter 171, Florida Statutes.
(iv) Notice of such hearings shall also be sent by regular mail at least seven (7)
days prior to the hearing date to all property owners within 300 feet of the
property which is the subject of the public hearing. Compliance with this section
shall be based on the date of mailing by the City.
(v) Notice of such hearings shall be given in a newspaper of general circulation at
least seven (7) days in advance of the public hearing, except for a hearing
involving an annexation under Section 171.0413, Florida Statutes, in which case
notice shall be published in accordance with the requirements of Chapter 171,
Florida Statutes. For the purposes of this Code, the West Orange Times is found
to be a newspaper of general circulation.
(vi) Unless otherwise required by Florida Statutes, all mailed and published
notices for Planning and Zoning Commission hearings may combined in a single
notice of all proposed actions related to a particular property (i.e., annexation and
initial zoning may be combined in a single notice). The form of such notice shall
be determined by the Planning Department.
(2) Posting on Property.
Posted notice of such hearings (both Planning and Zoning Commission and City
Commission) shall remain in place through the second reading and public hearing before
the City Commission. The Planning Department shall be responsible for issuing the signs
for posting on the property and the landowner is responsible for installing (and later
removing) them. The sign to be posted on the property shall be at least two (2) feet
square and shall contain substantially the following language:
-2-
A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD BY
THE CITY COMMISSION OF THE CITY OF OCOEE. CALL THE
PLANNING DEPARTMENT AT OCOEE CITY HALL (407-905-3100) FOR
INFORMATION.
The signs shall be erected in full view of the general public on each street side of the
property by the applicant.
(3) Additional Methods of Notification; Conflicts
In addition to the required public hearing notices as heretofore set forth, the City
Commission may, at its option, utilize other methods of notification of such public
hearings. In the event of a conflict between any notice requirements set forth in this Code
and the Florida Statutes, the provisions of the Florida Statutes shall prevail. A written
opinion of the City Attorney to the effect that there is a conflict with the Florida Statutes
be controlling for the purposes of determining compliance with the foregoing noticing
requirements and the non-applicability of any noticing provisions of this Code.
(4) Applicability to Planning and Zoning Commission and City Commission.
The noticing requirements of this section shall be applicable to public hearings held by
both the Planning and Zoning Commission and the City Commission in connection with
rezonings, annexations and Comprehensive Plan Amendments. Notices of hearings
before the Planning and Zoning Commission and the City Commission may be combined
in a single notice.
SECTION 3. Section 5-9 of Article V of Chapter 180 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby rescinded in its entirety and a new Section 5-9 of Article
V of Chapter 180 is hereby adopted as follows:
~ 5-9. ANNEXATIONS, ZONINGS/REZONINGS, AND COMPREHENSIVE
PLAN AMENDMENTS.
A. Requests for annexation into the City of Ocoee may be made if the property meets the
statutory requirements for annexation under Chapter 171, Florida Statutes. The City
Commission may leave the Orange County zoning in place with respect to lands annexed
into the City of Ocoee or may establish an initial city zoning upon annexation. The
establishment of the initial city zoning may occur contemporaneous with the annexation
or subsequent to the annexation.
B. Requests for initial zoning/rezoning of property fall into two categories:
-3-
(1) Those requests which are consistent with the City of Ocoee's Comprehensive
Plan.
(2) Those requests which are inconsistent with the City of Ocoee's
Comprehensive Plan, in which case a Comprehensive Plan Amendment will be
required prior to the adoption of the initial zoning/rezoning of the property.
C. Requests for a Comprehensive Plan Amendment may only be acted upon in
accordance with such schedules as may be established from time-to-time by the City
Planning Department. Amendments are needed if the request calls for a change to the
Future Land Use Map or any text in the Comprehensive Plan.
D. The Planning Department processes all petitions for annexation, initial
zoning/rezoning, and Comprehensive Plan Amendments. The applications are accepted
and processed in accordance with such schedules as may be established from time-to-time
by the City Planning Department.
E. Unless otherwise required by Florida Statutes, a public hearing will be held at the
Planning and Zoning Commission/Local Planning Agency level and then again before the
City Commission at the second reading of the ordinance.
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. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
-4-
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2009
READ FIRST TIME , 2009
READ SECOND TIME AND ADOPTED
, 2009
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
A.PPROVED AS TO FORM AND
LEGALITY
this _ day of ,2009.
FOLEY & LARDNER LLP
By:
City Attorney
-5-