HomeMy WebLinkAboutItem #19 Text Amendments - Large Scale Comprehensive Plan Amendment
Meeting Date: September 21,2010
Item # 13
Contact Name:
Contact Number:
Mike Rumer ~~
X 1018
Reviewed By:
Department Director:
City Manager:
Subject: Large Scale Comprehensive Plan Amendment
Text Amendments
CPA-2010-007
Background Summary:
The City has initiated this amendment to the Comprehensive in order to (i) amend the definition of floodplains in
order to allow an alternative basis for determining the location of 1 DO-year flood plains for the purposes of
implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of
the Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the
Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on
comprehensive plan amendments.
Issue:
Should the Honorable Mayor and City Commissioners approve a proposed large scale text amendment to the
Ocoee Comprehensive Plan in order to (i) amend the definition of floodplains in order to allow an alternative
basis for determining the location of 1 DO-year flood plains for the purposes of implementing the requirements of
the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation Element in order
to conform to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element
regarding procedures for noticing and conducting public hearings on comprehensive plan amendments and (iv)
direct staff to transmit the proposed amendment to the Department of Community Affairs (DCA) for review and
comment?
Recommendations
Planning and Zoning Commission:
The proposed comprehensive plan amendments were reviewed at a public hearing by the Planning & Zoning
Commission acting as the Local Planning Agency (LPA) on September 14, 2010. The LPA recommend
approval to: (i) amend the definition of floodplains in order to allow an alternative basis for determining the
location of 1 DO-year flood plains for the purposes of implementing the requirements of the Ocoee
Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation Element in order to conform
to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding
procedures for noticing and conducting public hearings on comprehensive plan amendments.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners approve a proposed large scale text
amendment to the Ocoee Comprehensive Plan in order to (i) amend the definition of floodplains in order to
allow an alternative basis for determining the location of 1 OO-year flood plains for the purposes of implementing
the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the
Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the Public
Participation Procedures Element regarding procedures for noticing and conducting public hearings on
comprehensive plan amendments and (iv) direct staff to transmit the proposed amendment to the Department
of Community Affairs (DCA) for review and comment.
Attachments:
Ordinance
Financial Impact:
None
Type of Item: (please mark with an "x'}
X Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deaf Use:
_ Consent Agenda
Public Hearing
Regular Agenda
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 0
N/A
N/A
N/A
2
ORDINANCE NO.
CASE NO. CPA-2010-007:
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING THE OCOEE COMPREHENSIVE PLAN AS
ADOPTED IN 1991, AS AMENDED, BY AMENDING THE
DEFINITION OF FLOODPLAINS, BY AMENDING
OBJECTIVE 3 OF THE CONSERVATION ELEMENT
WITH RESPECT TO FLOODPLAINS AND BY AMENDING
THE PUBLIC PARTICIPATION ELEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
(the "Ocoee City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to
Chapter 163, Florida Statutes, as set forth in Ordinance No. 91-28, which has been amended
from time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, the City has initiated this amendment to the Ocoee Comprehensive
Plan (the "Amendment") in order to (i) amend the definition of floodplains in order to allow an
alternative basis for determining the location of 100-year flood plains for the purposes of
implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the
Section IV of the Conservation Element in order to conform to the amended definition of
floodplains, and (iii) amend the Public Participation Procedures Element regarding procedures
for noticing and conducting public hearings on comprehensive plan amendments; and
WHEREAS, on September 14, 2010 the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing recommended
transmittal of the Amendment to the Florida Department of Community Affairs; and
WHEREAS, the Ocoee City Commission held advertised public hearings on
September 21, 2010 and on , 2010 in order to obtain public comment
regarding the proposed Amendment; and
WHEREAS, the Ocoee City Commission has considered all oral and written
comments received during the public hearings, including the recommendations of the Local
Planning Agency; and
WHEREAS, the Ocoee City Commission desires to adopt the Amendment with
such changes thereto as the City Commission deems appropriate.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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Section 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference,
Section 2. Authoritv. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163
and Chapter 166, Florida Statutes.
Section 3. The Ocoee City Commission hereby amends the list of "Definitions" as
follows:
(i) The definition of "Floodplains" is hereby amended to read as follows: "Areas
inundated during a 100-year flood event or identified by the National Flood Insurance
Program as an A, AE, AH, AO, AR, A99, V, and VE zones on Flood Insurance Rate
Maps or Flood Hazard Boundary Maps-;-: orovided. however. that for the ournoses of
imolementim! the reauirements of this comorehensive olano floodolains mav also be
determined based on drainag:e basin studies undertaken bv the Citv and aooroved bv the
Citv Commission. The location of floodolains shown on various maDs within this
comorehensive olan are subiect to soecific delineation on a site bv site basis as orovided
in Policv 5.6 of the Future Land Use Element."
Section 4. Amendment to the Conservation Element. The Ocoee City Commission
hereby amends Objective 3 of the Goals, Objectives and Policies of the Conservation Element of
the Ocoee Comprehensive Plan as follows:
"The City shall protect the natural functions of the 100-year floodplains as prescribed by
FEMA and/or Orange County so that the flood-carrying and flood storage capacity are
maintained. The Citv mav also orotect the natural functions of the 100-vear floodolains
identified in drainag:e basin studies undertaken bv the Citv and aooroved bv the City
Commission. This Objective shall be implemented by the following policies (Chapter
187.201, 8(b)(8); 9J-5.013(2)(c)(6), F AC; ECFRPC Policies 4.14, 4.15 & 4.16)."
Section 5. Amendment to the Public Participation Element. The Ocoee City
Commission hereby amends the Public Participation Element of the Ocoee Comprehensive Plan
as follows:
PUBLIC P ARTICIP A TION PROCEDURES
I. BACKGROUND INFORMA TION
The Florida State Legislature has recognized the need for public partICIpation in the
comprehensive planning process in Chapter 163.3181, Florida Statutes (FS). This Chapter
requires that local governments encourage the public to participate to the fullest extent
possible in the comprehensive planning process. In particular, the Legislature has directed
local planning agencies and municipalities to adopt procedures for notifying property
owners of any official actions which will regulate the use of their property. The
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procedures identified in Chapter 163.3181 and in Rule 9J-5.004, Florida Administrative
Code (F AC), are the minimum standards for public participation procedures to be
adopted by local governments.
II. PUBLIC PARTICIPA TION PROCEDURES
The following procedures will encourage meaningful and effective public participation in
the Ocoee Evaluation and Appraisal Report process and are consistent with Chapter
163.3181, FS, and Rule 9J-5.004, F AC. The advances of technology over the past decade
have enabled Ocoee to reach more of its Citizens. Ocoee is one of the few cities to have
its own television station. Ocoee Government TV (OGTV) is currentlv broadcasted 24
hours a day and televises City Commission and Planning and Zoning Commission
meeting meetin!!s live. OGTV gives citizens the opportunity to participate in the public
hearing process with even out without leaving their homes via e-mail or telephone.
Questions are forwarded to the Commission, read into made Dart of the record and
answered during the public hearing. The City's web site also gives citizens access to City
happenings 24 hours a day.
A. Overview. The following procedures are designed to facilitate the public
participation process in Ocoee:
(1) A regular mailing list for interested persons.
(2) A representative advisory group to evaluate draft reports.
(3) A newsletter published at regular intervals.
(4) News releases to the media.
(5) Notices of upcoming Public Hearings '."ill be mailed v/ith utility bills.
ill (6) .\11 So Ion!! as the Citv continues to ODerate OGTV. all City Commission ami
Local Planning .^.gency public hearings are-involvin!! comDrehensive Dlan amendment
will be televised live. Viewers may call or e-mail questions to City Hall during City
Commission public hearings and have their questions answered during the public hearing.
In addition, notice of the hearin!! will be broadcasted on the City of Ocoee's Government
Channel throughout the day.
(QJ f7t-Notice of public hearings will be posted on the City of Ocoee's web site.
B. Mailing List. The City will maintain a comprehensive mailing list of interested
parties and provide written notification of plan amendments prior to the public hearings.
The mailing list will include all interested parties: citizens, community groups, residents,
homeowner associations and business owners/leaders.
C. Participation. The City will create a participation process that IS accessible,
efficient, understandable, and financially feasible.
,..,
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(1) Interested residents and business owners may all participate by speaking at
meetings and public hearings, contacting staff, being on the mailing list, submitting
written comments or bye-mail.
(2) The City will vary presentation techniques to capture the greatest audience (oral
presentations, written reports, visual displays, etc.).
(3) The City will provide information, research, and policy alternatives so that
participants in the process may comfortably understand.
(4) The City will provide copies of requested information to the participants at a
reasonable cost and time considering the nature of the request.
D. Information. To ensure that the public is informed about the planning process, the
City will distribute information and collect information about Plan Amendments as
outlined below.
(1) Advertisements of public hearings will be placed in the Orlando Sentinel and/or
the West Orange Times~. or another newsoaoer of l.!eneral circulation in the Citv of
Ocoee.
(2) Workshop and public hearing notices will be posted at City Hall and the City's
web site.
(3) Draft copies of the Amendments will be distributed to the City Commission and
the Local Planning Agency before joint workshops or public hearings.
(4) Draft copies of the Amendments will be posted on the City's web site prior to the
public hearings.
III. FORMAL HEARINGS
After the final draft of the staff report is complete, the Local Planning Agency (Planning
and Zoning Commission) will hold a public hearing on the Amendment At that meeting,
the Local Planning Agency will discuss whether the Amendment is consistent with State
requirements and local concerns. If a majority vote of the Local Planning Agency
members finds the Amendment consistent, then they will send the Amendment to the City
Commission with a recommendation to transmit the Amendment to the Department of
Community Affairs. After the Local Planning Agency makes its recommendation to the
City Commission, the City Commission will conduct formal public hearings to complete
the process, as required by Section 163.3184 (15), Florida Statutes.
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Section 6. Public Participation Procedures. The Ocoee City Commission hereby finds
that the Amendment has been adopted in conformity with the Public Participation Procedures set
forth in Section 10 of the Ocoee Comprehensive Plan.
Section 7. Transmittal of Adopted Amendment. The Ocoee City Commission hereby
designates the Development Services Director as the designee of the City Commission to
transmit the adopted Amendment pursuant to the requirements of Section 163.3184(7), Florida
Statutes.
Section 8. 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 9. Effective Date. This Ordinance shall become effective on the tenth (1 Olh) day
after passage and adoption.
PASSED AND ADOPTED this _ day of
,2010.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2010
TRANSMITT AL PUBLIC HEARING
ADVERTISED: , 2010
HELD ON: _,2010 UNDER
AGENDA ITEM NO.
By:
ADOPTION PUBLIC HEARING
ADVERTISED: ,2010
HELD ON: _,2010 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
City Attorney
ORLA_1613923,1
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~y of Advertisement (that ran in the print media)
Date Published and Media Name
E2 Orlando Sentinel
THURSDAY, SEPTEMBER 9, 2010
Advertisement or Article
CITY OF
NonCE OF
LARGE SCALE C
. TEXT
CPA-201
NOTICE IS HEREBY given that the OCOEE
CITY COMMISSION 'wlll canslder.a pro,
posed large scale text amendment to
the Ocoee Comprehensive Plan In or-
der to .(1) amend ;the definition ot
floodplains in order to allow on alter.
native basis for .determlning the loca-
lion of 100-vear flood plains for the
purposes of Implementing the require.
ments' of the Ocoee Comprehensive
Plan, (II) amend Objective 3 of the
; Section IV of the Conservotlon Ele-
ment In order to conform to the
omended definition of floodplains, and
(ill) amend the 'Publlc Partlclpatlon
~~~~~~e~olT~T~~~~J~~~~~I~iln~rg~6:
lie .hearings on comprehensive plan
ame~dments.~;' ;'. '.'
The OCOEE cm COMMISSION 'will hold a
.~~gll~c a~~~lr~e~~b~e.T~~~G~~:M%K.':
BEll ZI. 2OlO AT7~5 PM or os soon thereaf-
ter os pracllcal. The public hearing
will be held In the City .Hall Commis.
slon Chambers located at 150 North
Lakeshare. Drive, Ocoee. .,
. .".....
Interested parties may appear at the
publiC hearing and' be heard with re-
spect to the proposed actlons above.
The complete case file mav be Inspect,
ed at the Ocoee Development Services
. Department/Planning Division located
at 150 NarthLakeshore Drive, Ocoee,
Florida between the hours of 8:00 a.m.
and 5:00 p.m., Mandav through Fri.
dav, except ~eg?l. ..\'alld!'vs. .
The Cltv Commission mav continue
these public hearings ,to other dates
and times, as It deems necessary. Any
Inte.rested partv shall be advised of
the dates, limes, .and places of anv
continuation of these or continued pub-
lic hearings shall.be announced during
the hearing and no further notices re-
garding these matters will .be pub.
Iished.
_' 1 _0
d~~r~~etoa~~~~ ~~~t J'~YSI~';,'"~~d~~~ .
the publiC hearings will need a record
of the proceedings and for this purpose:
mav need'" ensure that a' verbatim
record ot the proceedings is mode
:r~~g~'~~~~'!:~i~~et~~s:1:~~r i~nga;:J:
'~iir~~g~ rol~or~\~f~dl~ir~ a"~:d~t"~h~:;
~)~~:.~~gWlscesh~U~~u~~nlt~cJd~~~c~ l:it
the me<;tlng a~ .wh905-3l05: .~"
. Beth Eikenberry, Cltv Clerk:
COR1086522
0910912010 ,
~y of Advertisement (that ran In the print media)
Date Published and Media Name
Thursday, September 9,2010
The West Orange Times 5C
Advertisement or Article
CITY OF OCOEE
NOTICE OF.PUBLIC HEARING
LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENf
CPA-2OJO-007
NOTICE IS HEREBY given that the OCOEE CITY COMMISSION will con-
sider a proposed large scale text amendment to the Ocoee Comprehensive
Plan in ortler to (i) amend the definition of floodplains in order to allow an
alternative basis for determining the location oflOO-year flood plains for the
purposes of implementing the requirements of the Ocoee Comprehensive
Plan, (ii) amend Objective 3 of.the Section IV of the Conservation Element
in order to conform to toe amended definition offloodplains, and (iii) amend
the Public-Participation Procedures Element regarding procedures for notic-
ing and conducting public hearings on comprehensive plan amendments.
The OCOEE CllY COMMISSION will hold a public hearing on the pro-
posed large scale amendment on TUESDAY, SEPTEMBER 21,2010 AT 7:15
PM or as soon thereafter as practical.' The public hearing will be held in the
City Hall Commission Chambers located at 150 North Lakeshore Drive,
Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMEND-
ING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991,
AS AMENDED, BY AMENDING THE DEFINITION OF FLOOD-
PLAINS, BY AMENDING OBJECTIVE 3 OF THE CONSERVATION
ELEMENT WITH RESPECT TO FLOODPLAINS AND BY AMEND-
ING THE PUBLIC PARTICIPATION ELEMENT; PROVIDING FOR
SEVERABILI1Y; PROVIDING FORAN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions above. The complete case file may be inspected
at the Ocoee Development Services Department/Planning Division located
at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, except legal holidays. .
The City Commission may continue these public hearings to other dates
and times, .as it deems necessary. Any interested party shall be advised of
the dates, times, and places of any continuation of these or continued public
hearings shall be announced during the hearing and no further notices re-
garding these matters will be published.
You are advised that any person who desires to appeal any decision made
at the public hearings will need a record of the proceedings and for this pur-
pose may need to ensure that a verbatim record of the proceedings is made
which includes the testimony and evidence upon which the appeal is based.
Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerk's Office 48 hours in adVance of the
meeting at 4-07-905-3105.
September 9, 2010 10-3851W