HomeMy WebLinkAboutOrdinance 99-38
ORDINANCE NO. 99-38
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE
FUTURE LAND USE ELEMENT OF THE OCOEE COMPREHENSIVE PLAN AS
ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28 AS
AMENDED TO ADDRESS SCHOOL SITING REQUIREMENTS; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSON OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1. Findinas. Purpose. and Intent. In adopting this Ordinance, the City
Commission of the City of Ocoee ("City Commission") hereby makes, expresses, and
incorporates the following findings, purposes, and intent:
a. On September 18, 1991, the City Commission adopted a new
comprehensive plan pursuant to Chapter 163, Florida Statutes, by
adopting Ordinance No. 91-28, which has been amended from time to
time (the "Ocoee Comprehensive Plan").
b. The City has initiated Amendment No. CPA-99-001 in order to
amend the Future land Use Element of the Ocoee Comprehensive Plan
to address school siting requirements pursuant to Section 163.3177
(6)(a) , Florida Statutes ('the Amendmenf').
c. On November 9, 1999, the City of Ocoee local Planning
Agency held an advertised public hearing and recommended approval of
the Amendment.
d. On December 7, 1999, the City Commission held an
advertised public hearing and approved transmittal of the Amendment
to the Florida Department of Community Affairs (DCA").
e. On January 18, 2000, the City Commission held an advertised
public hearing and approved adoption of the Amendment.
f. All required public hearings have been held after due public
notice in accordance with Chapter 163, Florida Statutes, and
Sections 1-8 and 1-10 of Article I of Chapter 180 of the Code of
Ordinances of the City of Ocoee.
SECTION 2. 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 3. Plan Amendment. The Future land Use Element, is hereby
amended by adding Objective 7 and Policies 7.1,7.2,7.3,7.4, 7.5 and 7.6 to read as reflected in
Exhibit "A" attached hereto and by this reference incorporated herein.
SECTION 4. Severabilitv. 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. Effective Date. This Ordinance shall become effective the date
the DCA or Administration Commission issues a final order finding the Amendment to be in
compliance in accordance with Section 163.3184 (1)(b), Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land uses dependent on the
Amendment may be issued or commence before the effective date of this Ordinance. If a final
order of noncompliance is issued by the Administration Commission, the Amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the DCA, Division of Community Planning, Plan Processing
Team.
ATTEST:
-?1.t.2~~O~
Jean Grafton, City Clerk
M...u.I'II'-I Gl\.IlI/'lj A.c:.1':CH.C':r
PASSED AND ADOPTED this ffi1~ay of 1=E&. ,2000.
APPROVED:
CITY OF OCOEE, F70'IDA
.::::;;:'- ~ ~
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED: November 25, 1999-CC1 Transmittal
February 3, 200o-CC2 Adoption Public Hearing
READ FIRST TIME: December7,1999-CC1 Transmittal
READ SECOND TIME and ADOPTED:
FE.~tuttA..'f IS'! 2.000
UNDER AGENDA ITEM NO. ~ c.. .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO mR~D LEGALITY
THIS A DAY OF 000.
::LEY & LArJ i~
City Attorney
\\Police_fire 1 \planning\Kmcginnis\ALL_DA T A \AMENDMNT\School Siting\finalschoolord.doc
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Exhibit A
Objective 7
The City will ensure the availability of lands to future public schools by allowing adequate
opportunities proximate to residential areas.
Policy 7.1
Elementary Schools shall be permitted in low Density Residential, Medium Density Residential,
High Density Residential, Institutional and Professional Service land use designations. Middle
Schools and High Schools shall be permitted in low Density Residential, Medium Density
Residential, High Density Residential, Professional Service, Institutional and Commercial land
use designations.
Policy 7.2
The City shall encourage the siting and collocation of public schools and other public facilities
such as parks, libraries and community centers.
Policy 7.3
The City will ensure that, when at all possible, the siting of school buildings shall be located
away from flood plains, flood prone areas, wetlands and other environmentally sensitive areas.
Policy 7.4
The City's Capital Improvements Program, where applicable, shall be coordinated with the
Orange County Public Schools' five-year facilities work program.
Policy 7.5
The City shall work cooperatively and continue to maintain an ongoing exchange of information
with Orange County Public Schools and other educational facility providers to ensure that new
and expanded educational facilities are properly located, designed and constructed to be
consistent with the City's Comprehensive Plan.
Policy 7.6
The City will work cooperatively with the School Board to endeavor to ensure that schools are
sited in a manner to serve all neighborhoods surrounding each facility.
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