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HomeMy WebLinkAboutOrdinance 89-19 ORDINANCE NO. 89-19 CITY OF OCOEE . AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING TO PLANNING AND ZONING; RBPEALING EXISTING SECTION 2 OF CHAPTER II OF APPENDIX A OF THE CODE; ADOPTING A NEW SECTION 2 OF CHAPTER II OF APPENDIX A OF THE CODE; RELATING TO THB COMPOSITION OF PLANNING AND ZONING COMMISSION, THE APPOINTMENT OF ITS MEMBERS, THEIR TERMS OF OFFICE; VACANCIES ON THE PLANNING AND ZONING COMMISSION; COMPENSATION OF THE PLANNING AND ZONING COMMISSION MEMBERS; THE NUMBER OF MEMBERS CONSTITUTING A QUORUM, ELECTION OF A CHAIRMAN AND VICE CHAIRMAN THEREOF, DESIGNATION OF A CLERK THEREOF, DESIGNATION OF THE CLERK AS CUSTODIAN OF THE PLANNING AND ZONING COMMISSION RECORDS; RELATING TO FUNCTIONS, POWERS, AND DUTIES OF THE PLANNING AND ZONING COMMISSION; RELATING TO PROCEDURES OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: SECTION 1. 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. The present Section 2 of Chapter II of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety. SECTION 3. A new Section 2 of Chapter II of Appendix A of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: 2.1 Oraanization The Planning and Zoning Commission (hereinafter referred to as the "p & Z Commission") shall be organized as follows: (1) The P & Z Commission shall have seven (7) permanent and two (2) alternate members appointed by the City Commission. Members shall be legal residents of the City of Ocoee but not employees of the City. (2) All appointments to the P & Z Commission will be for a term of three (3) years. . (3) Appointments will be made on the basis of experience or interest in the fields of zoning and building control. In appointing members to the Planning and Zoning Commission, the City Commission shall make reasonable efforts to include a wide representation of the community including an architect, an engineer, a general building contractor, a real estate agent, and lay persons. -1- (4) If any permanent or alternate P & Z Commission member fails to attend three (3) successive regularly scheduled P & Z Commission meetings, the City Commission, upon recommendation of the Planning and Zoning Commission, shall be empowered to declare the member's office vacant and in such case the term of office of such member shall be automatically terminated without any further action by the City Commission. In such event the City Commission shall fill such vacancy within thirty (30) days of its declaration of the vacancy. Appointment to fill a vacancy on the P & Z Commission will be for the remainder of the unexpired term of the vacant office. . (5) The presence of four (4) or more members shall constitute a quorum of the P & Z Commission. The chairman and vice chairman shall be entitled to vote. Alternate members shall only be entitled to make a motion, second a motion, and vote when they are filling a seat of an absent member. All vacant seats will be filled by alternates that are present. The senior alternate (by date of appointment) shall fill any vacancy first. Alternates are encouraged to take part in all discussions. (6) Members shall elect a chairman and vice chairman (who will be voting members) from the members annually at the first annual regular meeting. The chairman and vice chairman may be re- elected to successive terms. (7) Members pleasure of the travel, mileage, Commission. shall serve without compensation and at the City Commission. Members may be reimbursed for and per diem expenses as authorized by the City (8) Members shall have the right to formulate, adopt, and amend their Bylaws by a majority vote of all the regular or sitting alternate members, upon thirty (30) calendar day notice to all the members. The P & Z Commission shall conduct its meetings according to Roberts Rules of Order and its duly adopted Bylaws. (9) The city manager shall designate a city employee as clerk for the P & Z Commission. The city manager may designate additional city employees as deputy clerks as the city manager deems appropriate to the efficient conduct of the P & Z Commission's business. Members and the City attorney may not be designated as clerk or deputy clerk. (10) The clerk shall be the custodian of the records of the P & Z Commission, subject to supervision and control of the city clerk. 2.2 Functions, power and duty powers, and duties. It shall be the of the Planning and Zoning Commission: function, (1) To acquire and maintain in current form such basic information as is necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions; . (2) To act as the local planning agency for the City of Ocoee as required by the State Local Government Comprehensive Planning Act; (3) To required by specifically Annexations; prepare and keep current a comprehensive plan the Local Government Comprehensive Planning including all Development Review proposals as Act, and (4) To establish principles and policies for guiding action affecting development in the city and its environment; -2- (5) To prepare and recommend to the City Commission ordinances, regulations, and other proposals promoting orderly development along lines indicated as desirable by the comprehensive plan; (6) To review both at Preliminary and Final Engineering and make recommendations to the City Commission on all PUDS, Residential and Commercial Site Plans exceeding twelve (12) dwelling units or twenty-five thousand (25,000) square feet; (7) To determine whether specific proposed developments conform to the principles and requirements for the comprehensive plan and to recommend specific actions to the City Commission; . (8) To keep the City Commission and the general public informed and advised as to these matters; (9) To conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan and ordinances, codes, and regulations related to it; (10) To review and recommend proposed amendments to this ordinance and amendments to or adoption of other ordinances or regulations relating to planning and zoning and land use within the City of Ocoee; (11) To review zoning of newly annexed lands (Ordinance No. 777 SS 1, 2, 1-17-84) and make recommendations to the Board of City Commissioners. 2.3 Time of Meetinas, Minutes, Aaenda (1) The Planning and Zoning Commission regular meetings will be on the second Tuesday of each month at 7:30 p.m.. (2) The chairman of the P & Z Commission or any request a special meeting by filing a written notice least three (3) members of the P & Z Commission. Said be filed with the City Clerk and require seventy two notice to all members. member may signed by at notice shall (72) hours (3) Minutes shall submittals shall be open provide such clerical reasonably required by duties. be kept of all meetings and records and to the public. The City Commission shall and administrative personnel as may be the P & Z Commission to perform its (4) Except in cases of extreme emergency, no cases shall be heard by the P & Z Commission without due notification being given to the members in the form of an "Agenda" at least seventy two (72) hours in advance. "Extreme Emergency" or special meetings may be called at the discretion of the chairman. . (5) No public hearing or site plan review shall be started after 10:30 p.m., unless consented to by a majority vote of the members. The members may elect by a majority vote to reconvene its meetings at a later time and date for the purpose of concluding the uncovered items on the agenda for that specific meeting. -3- r . . SECTION 4. 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. This ordinance shall take effect immediately upon its final passage and adoption. C1tiLEttOL Thomas R. Ison, Mayor Attest: Advertised Angnst 2 , 1989 Read First Time Al1g)1!";t 1 , 1989 Read Second Time and Adopted ~U~u'7 I~ ,1989 For use and reliance only by the City of Ocoee. Approved as to forLm and legality, this /5~ day of.='_Jh,; ~J~r ,1989 FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN By: ~~~ ~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON A-u611" Jf ,1989 UNDER AGENDA ITEM NO.VI ~l -4-