HomeMy WebLinkAboutOrdinance 2002-11
ORDINANCE NO. 2002-11
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED, INCLUDING AMENDMENTS BASED ON THE 1999
EV ALUA TION AND APPRAISAL REPORT OF THE COMPREHENSIVE
PLAN; PROVIDING FOR AMENDMENTS TO THE FOLLOWING
ELEMENTS OF THE COMPREHENSIVE PLAN: FUTURE LAND USE;
TRANSPORTATION; HOUSING; SANITARY SEWER, SOLID WASTE,
DRAINAGE, POTABLE WATER, AND NATURAL GROUNDWATER
AQUIFER RECHARGE; CONSERVATION; RECREATION AND OPEN
SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; PROVIDING FOR AMENDMENTS TO THE
MONITORING AND EVALUATION PROCEDURES AND PUBLIC
PARTICIPATION PROCEDURES; PROVIDING FOR AMENDMENTS
TO THE APPENDICES OF THE COMPREHENSIVE PLAN;
PROVIDING FOR AMENDMENTS TO THE EXISTING AND FUTURE
LAND USE MAPS SO AS TO MAKE THEM CONSISTENT WITH THE
JOINT PLANNING AREA AGREEMENT WITH ORANGE COUNTY, AS
AMENDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 1999 and pursuant to the provisions Section 163.3191, Florida
Statutes, the City Commission of the City of Ocoee ("Ocoee City Commission") adopted by
Ordinance 98-09 an Evaluation and Appraisal Report ("EAR") with respect to the 1991 City of
Ocoee Comprehensive Plan, as amended; and
WHEREAS, pursuant to Section 163.3191(10), Florida Statutes, the City is
required to update the Comprehensive Plan based on the EAR and to bring the data and
analysis requirements into compliance with Florida law (the "EAR Based Amendments"); and
WHEREAS, on February 19, 2002, the Development Review Committee
unanimously recommended transmittal of the EAR Based Amendments to the Florida
Department of Community Affairs (the "Department"); and
WHEREAS, on February 27, 2002, the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing
unanimously recommended transmittal of the EAR Based Amendments to the Department; and
WHEREAS, the Ocoee City Commission held advertised public hearings on
March 19, 2002 and October 1, 2002 in order to obtain public comment regarding the
proposed EAR Based Amendments; and
WHEREAS, the Ocoee City Commission has considered all oral and written
comments received during public hearings, including the recommendations of the Local
Planning Agency; and
006.249724.2
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WHEREAS, the Ocoee City Commission desires to adopt the EAR Based
Amendments as recommended by the Local Planning Agency 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:
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 Section
163.3191 and Chapter 166, Florida Statutes.
Section 2. EAR Based Amendments. The Ocoee City Commission hereby adopts the
EAR Based Amendments attached hereto as Exhibit "A" and by this reference made a part
hereof. The EAR Based Amendments consist of amendments to the following Elements of the
Comprehensive Plan: Future Land Use; Transportation; Housing; Sanitary Sewer, Solid
Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge; Conservation;
Recreation and Open Space; Intergovernmental Coordination; and Capital Improvements. In
addition, the EAR Based Amendments consist of amendments to the following additional
portions of the Comprehensive Plan: the Monitoring and Evaluation Procedures; the Public
Participation Procedures; and the Appendices. EAR Based Amendments also consist of
amendments to the Existing and Future Land Use Maps so as to make them consistent with the
Joint Planning Area Agreement with Orange County, as amended.
Section 3. Public Participation Procedures. The Ocoee City Commission hereby
finds that the EAR Based Amendments have been adopted in conformity with the Public
Participation Procedures set forth in City of Ocoee Resolution Number 97-16 adopted on
December 16, 1997.
Section 4. City Commission's Desi2nee. The Ocoee City Commission hereby
designates the Director of Planning as the designee of the City Commission to transmit the
EAR Based Amendments to the Department and to advise the Department regarding the dates
on which the City held the required public hearings.
Section 5. Transmittal to the Department. The Ocoee City Commission hereby
directs that three (3) copies of the adopted EAR Based Amendments be submitted to the
Department within ten (10) days of the effective date of this Ordinance.
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
006.249724.2
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PASSED AND ADOPTED this l.u:... day of 0 ~ T [) 6 It: '0"
,2002.
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS .t-StDAY OF
6( '~.hcr ~2002
FOLE?f LARDNER AI /I
By: 1/ ctul ?: ~1rJI
City Attorney
006.249724.2
APPROVED:
CITY OF OCOEE, FLOR,JDA
5,Sxt-d4
S. Scott Vandergrift, Mayor i.
ADVERTISED: March 7, 2002 - CC1
Transmittal
AND September 19, 2002 - CC2
Adoption Public Hearing
READ FIRST TIME: March 19, 2002-
CC1 Transmittal
READ SECOND TIME AND ADOPTED
OC'. T 0 ~ e: It l ,2002 UNDER
AGENDA ITEM NO. n Po.
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EXHIBIT A
TO
ORDINANCE NO. 2002-11
WILL BE ENTIRE NEW COMPREHENSIVE PLAN
AND
WILL BE PROVIDED BY PLANNING WHEN
APPROVED BY DCA