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HomeMy WebLinkAboutItem V (B) Ordinanace No 94-19, adopting Comprehensive Plan Amendments: CPA-94-1-1, CPA-94-1-2, and CPA-94-1-3 AGENDA 6-21-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V B Ocoee H '�° CITY OF OCOEE RUSTOff ON J v a- 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS C'4j,: %? (407)656-2322 JIM GLEASON y'#'P Of G00 p�• «mr rrtnlvncFR ELLIS SHAPIRO MFP-476 MEMORANDUM Date: June 15 , 1994 TO: The Honorable Mayor and Board of Ci Commissioners FROM: Russ Wagner , Director of Planning SUBJ: Proposed Comprehensive Plan Amendments CPA-94-1-1 , CPA-94-1-2 , and CPA-94-1-3 The attached Staff Report and Ordinance reference the Comprehensive Plan Elements previously transmitted to the Florida Department of Community Affairs . These are the documents which were provided to you in the white 3-ring binder with the yellow cover . Rather than go to the expense of recopying all of this information, we request that you refer to these prior reports as part of this Commission item. At the Commission meeting , a complete copy of each revised Element will be made available for review by the City Clerk as part of the proposed Ordinance adopting the Amendments . Attachments RW/ek "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT 61/4(4 `7r COMMISSIONERS OF OCOEE RUSTYJOHNSON 150 N.LAKESHORE DRIVE PAUL W.FOSTER v O OCOEE FLORIDA 34761-2258 VERN COMBS 40y yv (407)656-2322 JIM GLEASON Sip OF G0P CITY MANAGER §VOSTIAPIRO STAFF REPORT DATE: June 15 , 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Russ Wagner , Director of Planning fr SUBJ : Proposed Comprehensive Plan Amendments CPA-94-1-1 , CPA-94-1-2 , and CPA-94-1-3 Ordinance No. 94-19 ISSUE: Should the Honorable Mayor and Board of City Commissioners adopt the subject Comprehensive Plan Amendments by Ordinance and transmit them to the Florida Department of Community Affairs for compliance determinations? BACKGROUND: On March 1 , 1994 , the City Commission voted to transmit the subject Comprehensive Plan Amendments to the Florida Department of Community Affairs (DCA) for their review and comment . These proposed Amendments pertain primarily to Level of Service (LOS) standards for Parks and Roadways and affect the Future Land Use Element , the Traffic Circulation Element , the Recreation and Open Space Element , the Capital Improvements Element , and the Appendices . In addition, various other updates were proposed to these Elements where changes were warranted based upon updated information or necessary corrections . On May 16 , 1994 , the attached Objections , Recommendations , and Comments (ORC) Report was received from the DCA in response to the City' s Transmittal . After receiving comments from Orange County, the East Central Florida Regional Planning Council , the District Five Office of the Florida Department of Transportation, and the Department of Environmental Protection, the DCA raised only two minor objections to the Amendments . These involved a proposed change to the Schedule of Capital Improvements for two new wells and the design of a water treatment plant as well as a change to the expected life span of the Orange County Landfill . Staff Report June 15 , 1994 Page 2 DISCUSSION: In the Case of CPA-94-1-3 , the DCA was concerned that the addition of the water system improvements to the Schedule of Capital Improvements did not include a determination of consistency with the other Elements of the Comprehensive Plan. This objection is justified, since no changes were proposed to the Future Land Use Element or Infrastructure Element which identified these future needs . Rather than address this issue now, staff believes it would be more appropriate to simply delete these proposed changes to the Capital Improvements Element and defer the needs assessment to the time when the City undertakes its second non-exempt plan amendment . This will be later in the year and incorporate all changes required under the Joint Planning Agreement with Orange County . Due to the fact that this Amendment will require substantial modifications to the entire Comprehensive Plan including the Land Use Element and Potable Water Sub-element , a complete assessment of the need for the two wells and treatment plant will be made. Accordingly, pages 21 and 56 of the Capital Improvements Element (attached) will need to be changed to reflect this deletion as part of the adoption of CPA-94-1-3 . For CPA-1-1 , the DCA recommended that the reference to the expected additional service life of the Orange County Landfill be limited to 20 to 30 years as opposed to 50 years . After researching this issue further, we have found that the City did not propose any changes to this page as part of the Amendment . In fact , a word- processing error identified that a change that was made to the Plan as part of its original approval ; that is , the Plan had already identified the 20-30 year service life and it was changed to 50 years as part of the final adoption of the Plan. Staff is unsure why this change was made at that time , however , it will be a simple matter to modify page 13 (attached) to reflect the 20 to 30 life span based upon recent Orange County comments . Attached is a copy of proposed Ordinance No. 94-19 which would adopt the Comprehensive Plan Amendments previously transmitted to the DCA on March 7 , 1994 along with the following changes : a . ) That CPA-94-1-3 delete references to the construction of two new wells in 1993/1994 and the design of a new water treatment plant in 1994/1995 as shown on the attached revised pages 21 and 56 of the Capital Improvements Element . Staff Report June 15 , 1994 Page 3 b. ) That CPA-94-1-1 be modified with respect to the reference to the expected additional service life of the Orange County Landfill from 50 years to 20-30 years as specified on the attached revised page 13 of the Land Use Element . (Please note that the Ordinance becomes effective on a date subsequent to its adoption. ) STAFF RECOMMENDATION: Staff respectfully recommends that Ordinance No. 94-19 be approved which adopts the revised CPA-94-1-1 , CPA-94-1-2 , and CPA-94-1-3 , authorizing execution thereof by the Mayor and City Clerk; and further that the Director of Planning be hereby designated as the person to transmit a letter to DCA outlining all required information as specified by Florida Statutes for the adoption of a Comprehensive Plan Amendment . RW/hh J.,J11\1.0U l i V11 ....; 414,-,, 96 ELLIS SHAPIRO a � PAUL ROSENTHAL �l � MONTYE BEAMER •-L ---..A RUSS WAGNER 14. t* JIM SHIRA STATE OF FLORIDA JANET RESNIK KEN HOOPER DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 CENTERVIEW DRIVE • TALLAHASSEE , FLORIDA 3 2 3 9 9 - 2 1 0 0 LAWTON CHILES LINDA LOOMIS SHELLEY Governor Secretary May 13 , 1994 The Honorable Scott Vandergrift Ul.; ;�—: �.:,:%, .y ..-.: iMayor of Ocoee n(',�, -:„_.._—__...__. Il . City of Ocoee .I l 150 North Lakeshore Drive ;/:, ..• �t" ` " �'. 41; .ilii l � � ` Ocoee, Florida 34761 % �� Dear Mayor Vandergrift: Ci '! C: CCL_E The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Ocoee (DCA No. 94-1) , which was submitted on March 7, 1994 . Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for con- sistency with Rule 9J-5, Florida Administrative Code, Chapter 163 , Part II, Florida Statutes, and the adopted City of Ocoee Comprehensive Plan. The Department raises two objection to the proposed amendment, and this letter serves as the Department' s Objections, Recommendations and Comments Report. The following objections is raised by the Department: (1) Amendment CPA-94-1-3 , proposes to revise the Schedule of Capital Improvements to include the construction of two new wells and fund the design of a new water treatment plant. The amend- ment does not include a determination of consistency with the other elements of the comprehensive plan as required by Rule 9J- 5. 016 (4) (a) b. Recommendation Revise the amendment to be consistent with the above referenced rule requirement. It is the Department' s recom- mendation that the City analyze the proposed projects for consistency with the other plan elements including, but not limited to, the Future Land Use Element and the Infrastructure Element. For example, the City could reference deficiencies EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT The Honorable Scott Vandergrift May 13 , 1994 Page Two identified in these elements or indicate if these facilities are being provided to be consistent with identified future needs. This analysis should also evaluate the consistency of the new facilities with the goals, objectives, and policies of the other plan elements and the Capital Improvement Element. The elements of the comprehensive plan should be revised based on the above analysis to ensure internal consistency. (2) The text change related to landfill capacity from "20 to 30" years to "50" years is not supported by data and analysis (see the attached Orange County letter (Rule 9J-5. 011(f) (1) a, F.A.C. ) . Recommendation Revise the text change to consistent with the data and analysis provided by Orange County concerning the landfill capacity. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11. 010, Florida Administrative Code. Upon receipt of this letter, the City of Ocoee has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163 . 3184, Florida Statutes, and Rule 9J-11. 011, Florida Administrative Code. The Environmental Land Management Study (ELMS) III legisla- tion became effective on July 1, 1993 and has changed when amend- ments become effective. The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163 , F.S. Local governments are bound by the effective date provisions of Section 163 . 3189 (2) (a) , F.S. Therefore, the Department recommends that the City should include the following language in the adoption ordinances as required by Rule 9J-11. 011, F.A.C: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163 . 3184, Florida Statues, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolu- tion affirming its effective status, a copy of which reso- lutions shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. The Honorable Scott Vandergrift May 13 , 1994 Page Three Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person, may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Chapter 163 .3184 (9) , F.S. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until deter- mined to be not in compliance by final order of the Administra- tion Commission. Then, it shall no longer be part of the adopt- ed plan unless the local government adopts a resolution affirm- ing its effectiveness in the manner provided by law. Again no development order may be authorized until the effective date is determined. Within ten working days of the date of adoption, the City of Ocoee must submit the following to the Department: Five copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council 's review of the amendments, and pursuant to the provisions of Chapter 92-129, Laws of Florida, please provide a copy of the adopted amendment directly to the Executive Director of the East Central Florida Regional Planning Council. The Honorable Scott Vandergrift May 13 , 1994 Page Four If you have any questions, please contact me, Maria Abadal, Plan Review Administrator, John Healey, Planning Manager, or Greg Stuart, Planner IV, at (904) 487-4545. Sincerely, /44-,4., 6(1/174a.c., Robert Pennock, Chief Bureau of Local Planning RP/gsw Enclosures: Review Agency Comments cc: Russ Wagner, Director of Planning Aaron M. Dowling, Executive Director, East Central Florida Regional Planning Council • Orange Aqn' County Planning Department David C. Heath,AICD, Manager -- 201 South Rosalind Avenue,2nd Floor [reply To: Post Office Box 1393 Orlant o, Florida 32802-1393 Telephone(407)836-5600 FAX(407)836-5862 April 12 , 1994 Robert Pennock, Chief 5L, Bureau of Local Planning C \ // Department of Community Affairs f`7 VIA FACSIMILE 2740 Centerview Drive lk Tallahassee, Florida 32399-2100 • SUBJECT: Proposed City of Ocoee Comprehensive Plan Amendment #94-1 Dear Mr. Pennock: The County raises no objections for the amendments as proposed. The County does have the following comments: 1. On page 13 of the Future Land Use Element, the City proposed to change the expected life of the County landfill from "20 to 30" years to "50" years. The County has not changed the expected life of the landfill within the adopted County comprehensive plan. The Public Utilities Department has indicated that they cannot project the useful life any further than the current 20 to 30 years. The City should delete this proposed change until it is substantiated by Orange County. 2 . The City proposed to change /modify the Recreation "Level of Service" to "reasonable guidelines, " "recreational guidelines" and "guidelines" on pages 28 and 34 , Future Land Use Element and page 4, Recreation and Open Space Element. This change appears to be inconsistent with 9J-5. 014 (3) (c) 4 , Florida Administrative Code, which requires the City to establish a Level of Service standard. Should you have any questions, please do not hesitate to call me at 407-836-5600. Sincerely, 14. Christopher R. Testerman Chief Planner CRT/lab cc: Russ Wagner, City of Ocoee Orange _ . Count APR a 2 1994 BUREAU OF LOCAL PASCIMILE TRANSMITTAL NOTICE MANNING FAX MACHINE LOCATION: ORANGE COQNTY PLANNING DEPARTMENT 201 SOUTH ROSALIND AQ";NUE, 2ND FLOOR ORLANDO, FLORIDA 32802-1393 REPLY TO: POST OFFICE BOX 1393 TELEPHONE: OFFICE (407) 836-5600 FAX (407) 836-5862 TRANSMITTING THE FOLLOWING DOCUMENT(S) : TOTAL NUMBER OF PAGE(/8) , INCLUDING THIS PAGE To: Z'r'e 1 A-�:'r 1l C c f. (HAMS) (PHONE 4) r?� c'‘ 0,1 ;14 . J L1.47, 1-5 1 (' c' -) 6745----35 0? (OFFICE) (7AZ 4) PROM: - �i/ %5�'? `'r?he % - .S t• s?<</? / � -c ) 573g--S-6 'G�'. (NAME) (PRONE #) [ � ICR YOUR INFORMATION [ 3 AS REQUESTED [ ) FOR KODIFICATION AND RTVIEW [ 3 AS AN AUTHORIZED REQUEST C 3 OTHER AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 117-1 ,,,,„, „A: ., .,„, s East £ ,,t-ra/ F/vrida •. • � egiohra/ .17oming /M7,1/14717 „, , ' . 1011 Wymore Road+Suite 105•Winter Park.Flonda 32789•Telephone Local: (407)623-1075 • Telephone Suncom: 334-1075•FAX Local: (407)623-1084+FAX Suncom: 3341084 C6k .. MEMORANDUM - ,�6. 1 ABR 14 1994 DATE: April 11, 1994 . (.... Bumm OF Loam. TO: Robert Pennock, Chief PLANK U* \ Bureau of Local Planning 4 I . FROM: Leslie V Section Chief, Division of General Planning SUBJECT: Proposed Amendment Comments (for DCA ORC) LOCAL GOV'T: Ocoee DCA AMENDMENT#: 94-1 Council staff have completed the technical review of the identified proposed comprehensive plan amendment. The review was conducted in accordance with the provisions of (1) Chapter 93-206 Laws of Florida and (2) Chapter 9J-5, Florida Administrative Code, and (3) the ECFRPC's current contract with DCA for Plan and Plan Amendment Reviews. The staff review did not result in the identification of any significant impacts related to regional resources, facilities, or issues of regional concern. Please contact me if you have any questions. c: Russ Wagner, Ocoee Plan Amendment Review Team, DCA Jeff Jones, ECFRPC CHAIRMAN VICE CHAIRMAN SECRETARY-TREASURER EXECUTIVE DIRECTOR COMMISSIONER FRANKEE S.HELLINGER F.ALEX FORD.JR..ESQ. COMMISSIONER LARRY WHALEY MR.AARON M.DOWLING CITY OF ORLANDO VOWSIA COUNTY CSCEOLA COUNTY amemm -- _ r FLORIDA _ DEPARTMENT OF TRANSPORTATIO LAWTOn CHILES —J=am--JJJnrn G.WA t:OYERnOK SECRET Y 5151 Adanson Street Orlando, FL 32804 • `— 9.vv' • Telephone - (407) 623-1085 `'r : 4P a t 4. ` yy March 30, 1994 BUREAU sP 1N N1NG�C.�(, Ms. Marnese Mosley Department of Community Affairs Bureau of Local Planning 2740 Centerview Drive - Rm. 252 Tallahassee, FL 32399 1 SUBJECT: Proposed Amendment Comments LOCAL GOVERNMENT: City of Ocoee DCA AMENDMENT NO. : 94-1 Dear Ms. Mosley: Attached are the Department of Transportation's comments, objections, and/or recommendations from our review of the City of Ocoee's Comprehensive Plan Amendment 94-1, as requested in Robert Pennock's memorandum of March 9, 1994. If you have any questions or need further information, please contact Ms. Karen Adamson at (407) 623-1085, extension 134. Sincerely, • • Ellen S. Hard rove, AICP Planning Manager District Five EH/KA/sb KA. 01.Ocoee. ltr copy:Bob Romig, Director, Office of Policy Planning Russell Wagner, Director of Planning, City of Ocoee ®RECYCRLED PAPE Page 1 of 2 PLAN AMENDMENT NAME OF AGENCY: Department of Transportation RESPONSIBLE DIVISION/BUREAU: District 5 - Planning NAME OF LOCAL GOVERNMENT: City of Ocoee 94-1 AMENDMENT RECEIVED FROM DCA: March 11, 1994 REQUIRED RETURN DATE FOR COMMENTS: April 13 , 1994 Table 1,10 & 15 ELEMENT: Traffic Circulation PAGE # T.C.E. pg.14 RULE REFERENCE: 9J-5. 007(2) (b) COMMENT: 1. The Florida Department of Transportation (FDOT) Level of Service (LOS) manual is referenced as being used for analysis on page 13 of the Traffic Circulation Element (TCE) . However, the analysis used is not consistent with the manual. The capacities and existing LOS in Table 1 (page 14) of the TCE should be revised for State Road (S.R. ) 50 and S.R. 438 as follows: The capacity on S.R. 50, a four lane urban section with .50 to 2.49 signalized intersections per mile (Group B) , should be 34,200. Based on existing volumes in Table 1, the existing LOS is D on the segment between 9th Street and Wofford Road and LOS F on the segment from Wofford Road to Old Winter Garden Road. The segment from Old Winter Garden Road to Clarke Road is LOS C. S.R. 438 from East Crown Point Road to Bowness Road and from Bowness Road to Bluford Avenue is a two lane facility and the capacity is 16, 100. Existing LOS is B from East Crown Point Road to Bluford Avenue. From Bluford Avenue to Clark Road, the existing LOS is C, and LOS D from Clark Road to Good Homes Road. 2 . Table 10 of the Traffic Circulation Element indicates the widening of S.R. 438 from Johio Shores Road to Hiawassee Road by FDOT in 1995. The Department currently has Design Scheduled for FY 94/95 and Right-of-Way acquisition in FY 98/99. Construction is unfunded at this time. The Table should be revised. 3 . Table 15 of the Traffic Circulation Element shows S.R. 50 with a daily volume of 36, 900 and a LOS of C. A four lane urban road in "Group B" with this volume of traffic is a LOS F. The Table should be revised. Page 2 of 2 City of Ocoee 94-1 4. On page 3 of the Capital Improvements Element under Traffic Circulation - Inventory it states that all roads within Ocoee operate at acceptable LOS as of February 1994. When revisions are made to the Traffic Circulation Element as recommended earlier in these review comments, the segment of S.R. 50 from Wofford Road to Old Winter Garden Road, will operate at a LOS F, an un-acceptable LOS. 5. The Department is currently reviewing a Development of Regional Impact (DRI) for the Lake Lotta Mall/Center which will result in the need for improvements to S.R. 50 and S.R. 438. The trips generated by this DRI may not have been included in the data analysis for this plan amendment. If additional trips are generated by this development, LOS will further be degraded along S.R. 50. The Department supports Objective 2 of the Capital Improvements Element which states that future development in the City will be required to contribute its proportionate share of the cost of facilities necessary to meet LOS Standards. We also recommend inclusion of a policy to mitigate significant and adverse impacts on State Roads. REVIEWED BY: Karen Adamson PHONE: (407) 623-1085 • • extension 134 a:KA.01.Ocoee.pam Florida Department o i = Environmental Protection Marjory Stoneman Douglas Building I.amlnn(:hilr, 3900 Commonwealth Boulevard Virginia F3. 1L'rthrtrll (.0\rritur Tallahassee. Florida 32399-30(R) Jrrrrlary April 13 1994 — ^' '�, tY ° 100, +rJ Ms. Marnese Mosley Department of Community Affairs 11‘ .i; f ,•• Bureau of local Planning 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: City of Ocoee, Amendment 94-1 Dear Ms. Mosley: The Department of Environmental Protection has reviewed the proposed amendment of the above-referenced comprehensive plan for consistency with the applicable provision of Chapter 93-206, Laws of Florida, and Chapter 9J-5, Florida Administrative Code. Our comments are provided to assist your agency in developing the state's response. If you have any questions about this review, please call me at 904/487-2231. Sincrely, Robert W. Hall Office of Intergovernmental Programs /rwh Attachment Printed••n rercrird paper. DEPARTMENT OF ENVIRONMENTAL PROTECTION RESPONSE TO PROPOSED AMENDMENT 94-1 TO THE OCOEE COMPREHENSIVE PLAN Ocoee is proposing to change the terminology regarding Recreation and Open Space Level of Service Standard to Recreational Guidelines. It seems that this particular terminology is established by specific sections of rule 9J-5, which may render it obligatory and not optional. It is not clear to the reviewer why this change in terminology is necessary to accomplish the objective of simplifying the measurement of concurrency with the standard, except that use of the term "guidelines" seems to imply a less binding requirement. Nevertheless, if that terminology is necessary and allowed, this department has no objections to the content of the proposal. Comment: There seems to be some confusion and lack of consistency on the labeling of some of the tables indicating revenues and expenditures. In some charts and tables, the amounts are in "millions, " and in others it is in ( , 000s) , whatever that is (It is doubtful that the objects which are costed out in the thousands ars really that inexpensive) . The city might want to decide on a consistent notation for its tables and charts. CPA-94-1-3 (CAPITAL IMPROVEMENTS ELEMENT) water treatment planta Jamcla Drive Water Plant imprevemcnts 1991/1992 0 .57 consisting of new service pumps, new well pumps for existing wells, and new remote booster pump Station select site for South Water Plant and 1992/93 1.21 implement Phase I consisting of well, b : ground storage tank, service pumping, and chlorination .......:::::.:::::....................................... .. V w.: ..................... is p�:p:..•:...'O.Y�•::•iiiii:C::•iii::•i::::ii:i:ti!+'>:�i'X .. :`..::?C;ii:j j;:i:•i:?:•iiiii:•i:{•i::••.i:•:•iii}i:L.:•iiiiiiy:::vi:•i'•i:6iii:..:•iii'•::4iiiiiiiii'v'8:•iiiiit y:.. .•::.�:::••.�::....:..:�::::: ........... w .w ... .:::.v .... .. v::: .. ..�.... ...'. }.N. ................... is 0�.p:i�•i. :_y•:•.............. miscellaneous backbone water main 1993/94 0 . 15- improvements . 11improvements PARKS AND RECREATION Parkside Park playground equipment irrigation landscaping and grassing restrooms parking area tennis complex (2 courts) '`",� 0 . 081 Silver Glen Park property o ' t l991/92 0 . 045 Youth Center Expansion 1'9 >919-91/92 0 . 040 Vignetti Park1991/92 0 . 020 building renovation restrooms 2 picnic tables 1g#S704 1 basketball court 19i2/9 0 . 013 2 basketball courts 4 picnic pavilions 1993/94 0 . 026 South District Improvements 6 picnic tables tennis complex (2 courts) 21 CPA-94-1-3 (CAPITAL IMPROVEMENTS ELEMENT) Additional backbone collection/ 1992/93 1 .42 transmission system improvements e construct 2 . 0 mgd oxidation ditch unit 1993/94 1.30 DRAINAGE conduct drainage study 1992/93 0 . 17 POTABLE WATER .. ..... .... .... .... . 12 inch water main interconnection 1991/1992 0 .41 Ki 3 3 immc c Avenue and Forc 3 t Oak3 dcct'ce water treatment planta Jamcla Drive Water Plant improvcmcnt3- 1991/1992 0 .57 con3i3ting of new 3crvicc pump3, new d ]et < well pumps for existing wc113, and new remote boo3tcr pump Station select site for South Water Plant and 1992/93 1 .21 implement Phase I consisting of well, COMpteZect ground storage tank, service pumping, and chlorination .............::::::. :L:O�' i:y > <yi::: .: . � : :r.._::: ,::::i:..i. :::::; :: ;::::}:•:`::i::5::::::i::i:: arrat �t WTt' and. atora9c tank at ? P o a ... .. ........... s.m..' .:•i'i A .•......... .:�::..:is is"A:.}':iY::::::• miscellaneous backbone water main 1993/94 d .11 improvements > i PARKS AND RECREATION Parkside Park playground equipment irrigation landscaping and grassing restrooms parking area tennis complex (2 courts) 1990/919394 0 . 081 Silver Glen Park property 1991/92 1#4X94 0 .045 Youth Center Expansion 1991/92:20:33:x`94: 0 . 040 56 (FUTURE LAND USE ELEMENT) Nine stop sign controlled intersections were also studied in March, 1989, three of these operated below LOS "D" . (See Traffic Circulation Element, Table 5) . The Traffic Circulation of this Comprehensive Plan identifies an improvements schedule for relief of these deficiencies . 2 . Sanitary Sewer The City' s existing service area is defined in the Infrastructure Element, the Sanitary Sewer subelement . This area includes approximately three square miles of land area along with several commercial developments along SR 50 and the West Orange Industrial Park. Currently, two wastewater treatment plants area operated by the City' s Utility Department . There are 1, 850 active connections at these plants, generating approximately &- 0 . 6 million gallons per day (mgd) of wastewater flows . For additional information on the Sanitary Sewer system in the City, see the Infrastructure Element, the Sanitary Sewer subelement . 3 . Solid Waste The City is currently disposing the solid waste generated in the City in the Orange County landfill . Solid waste is collected and taken to the Porter Transfer Station, on Good Homes Road, prior to final disposal at the landfill . The landfill is 1, 500 acres in size and has 300 acres remaining with a site life expectancy of eight to ten years . In 1987, Orange County initiated the acquisition of 3, 400 acres adjacent to the existing site. With the acquisition of additional land and subsequent permitting of additional disposal cells, the County landfill will extend its expected service life an additional # S.G years . Solid waste generation by the City for the past ten years has been 0 . 62 tons/capita/day; this includes 95 percent residential wastes and 5 percent commercial wastes . The City contributes 1.5 percent of the total waste load to the landfill . Solid waste collection service is provided by the City of Ocoee. The number of residential accounts presently being served is 4, 559 and 244 for commercial accounts . Hazardous wastes generated by the City are disposed the County facility. 7 .5 percent of the hazardous waste generated is disposed via a permitted hazardous waste facility. The largest portion, 69 . 6 percent, is recycled. And a significant amount, 22 . 9 percent, is disposed of through other management practices, i.e . , undocumented. 13 ORDINANCE NO. 94- 19 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE FOLLOWING ELEMENTS OF THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28: FUTURE LAND USE ELEMENT, TRAFFIC CIRCULATION ELEMENT, RECREATION AND OPEN SPACE ELEMENT, AND CAPITAL IMPROVEMENTS ELEMENT; AMENDING APPENDICES TO THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, based on relevant data and analysis and the recommendation of the Ocoee Planning and Zoning Commission acting as the Local Planning Agency, desires to amend the following Elements of The City of Ocoee Comprehensive Plan: Future Land Use; Traffic Circulation; Recreation and Open Space; and Capital Improvements; as well as the Appendices; and WHEREAS, all required public hearings have been held after due public notice in accordance with Chapter 163 , Florida Statutes, Chapter 9J-11, Florida Administrative Code, and Section 1-8 of Article I of the Ocoee Land Development Code. NOW, THEREFORE, 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, Chapter 163 , Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Future Land Use Element. The Future Land Use Element of the Ocoee Comprehensive Plan, as adopted on September 18, 1991 by Ordinance No. 91-28, is hereby amended to read as reflected in Exhibit A attached hereto and by this reference incorporated herein. SECTION 3. Traffic Circulation Element. The Traffic Circulation Element of the Ocoee Comprehensive Plan, as adopted on September 18, 1991 by Ordinance No. 91-28, is hereby amended to read as reflected in Exhibit B attached hereto and by this reference incorporated herein. Appendices A, B, C, D, E, and F to the Traffic Circulation Element, as adopted on September 18, 1991 by Ordinance No. 91-28, remain in full force and effect. SECTION 4. Recreation and Open Space Element. The Recreation and Open Space Element of the Ocoee Comprehensive Plan, as adopted on September 18, 1991 by Ordinance No. 91-28, is hereby amended to read as reflected in Exhibit C attached hereto and by this reference incorporated herein. SECTION 5. Capital Improvements Element. The Capital Improvements Element of the Ocoee Comprehensive Plan, as adopted on September 18, 1991 by Ordinance No. 91-28, is hereby amended to read as reflected in Exhibit D attached hereto and by this reference incorporated herein. SECTION 6. Appendices. The List of Figures for Appendix A of the Ocoee Comprehensive Plan, as adopted on September 18, 1991 by Ordinance No. 91-28, is hereby amended to read as reflected in Exhibit E attached hereto and by this reference incorporated herein. Further, Exhibit F, attached hereto and by this reference incorporated herein, hereby replaces Figure 30 of Appendix A of the Ocoee Comprehensive Plan, as adopted on September 18, 1991 by Ordinance No. 91-28. SECTION 7. 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 8. Effective Date. This Ordinance shall become effective the date the Department of Community Affairs or Administration Commission issues a final order finding the amendments to The City of Ocoee Comprehensive Plan to be in compliance in accordance with Section 163 .3184, Florida Statutes, whichever occurs earlier. No development order, development permits, or land uses dependent on the amendments 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 amendments may nevertheless be made effective by adoption of a resolution affirming the effective status, a copy of which shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 3 PASSED AND ADOPTED this day of , 1994 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED June 16 1994 ADOPTED , 1994, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994. FOLEY & LARDNER By: City Attorney C:\WPSI\DOCS\I994.CPA 16/13/941 18W0171 MHF:bs 4 The Orlando Sentinel,Thursday,June 16, 1994 I-3 NOTICE OF CHANGE OF LAND USE AND il NOTICE OF PUBLIC HEARING BY THE OCOEE-vi CITY COMMISSION TO AMEND THE OCOEE-4. COMPREHENSIVE PLAN 0r%�. , ' ' NOTICE IS HEREBY GIVEN, pursuant to Chapter 163, Florida Statutes, Chapter 9J-11, Florida Administrative Code, and Section 1-8, Ocoee Land Development t Code, that the City of Ocoee proposes to amend the Ocoee Comprehensive Plan and to change the use of land within the area shown on the map , a in this advertisement. i, O Amendments are proposed to the "`°"" �,�" �y iN -' / 4 following Elements of the Ocoee s -' N " it I Comprehensive Plan: Future Land y a,„e� Use; Traffic Circulation; Recrea- 4..,-;,•./11, ^' '' � ' � tion and Open Space; Capital Im- �r•,i _ provements; and Appendices. fri111 Pursuant to Chapter 16 , Flor da L'1 mal I Statutes, adoption of the pro- - - • posed amendments shall be by � J ” ''-i� ordinance: AN ORDINANCE OF �� b" THE CITY OF OCOEE, FLORIDA �4#�r y , -� a"��" y-�1 � � of� `•.lug iri; AMENDING THE FLLOWING �1-17� ELEMENTS OF THE OCOEE COMPR 4.4.% -� f a' v� tw 'IEHENSIVE PLAN AS r, . .4.; a,,,...�� w 1�j ADOPTED ON SEPTEMBER '� '-•�. f � _ 1991 BY ORDINANCE NO. 91-28: � FUTURE LAND USE ELEMENT, '� �' ., TRAFFIC CIRCULATION ELE- �� �' . �' , MENT, RECREATION AND OPEN • I —� "' :• is 4i `. --1>�. SPACE ELEMENT, AND CAPITAL AT—=:1 _:, .� I,�, , IMPROVEMENTS ELEMENT; o �, �Wi,I A AMENDING APPENDICES TO THE OCOEE COMPREHENSIVE - . cll.,/ OF OCOEE PLAN; PROVIDING FOR SEVER- • s ABILITY; PROVIDING AN EFFEC- �., TIVE DATE. r The Ocoee City Commission will hold the second of two public hearings on the proposal on Tuesday, June 21, 1994 at 7:30 p.m., or as soon thereafter as practi- cal, at the Ocoee Community Center, 125 North Lakeshore Drive, Ocoee, Florida. The City Commission may continue the public hearing to other dates and times as they deem necessary. Any interested party shall be advised that the dates, times, and places of any continuation of this or continued public hearings shall be an- nounced during the public hearing and that no further notices regarding these matters will be published. A copy of the proposed amendments may be inspected by the public at the Ocoee Planning Department, 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. Interested parties may appear at the public hearing and be heard with respect to the proposed amendments. Any person wishing to appeal any decision made with respect to any matter considered at the public hearing may need a record of the proceedings, and for this purpose 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. Jean Grafton, City Clerk, City of Ocoee June 16, 1994 .y F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163 for a determination of whither a local government's NOTICE } , plan,element,or amendment is in compliance with this OF CHANGE OF LAND USE ,t4 act. t The (name of local governmental unit) proposes to change the !V (14) AREAS OF CRITICAL STATE CONCERN.—No use of land within the area shown in the map in this ( proposed local government comprehensive plan or plan advertisement. i ', amendment which is applicable to a designated area of A public hearing on the proposal will be held on (date t critical state concern shall be effective until it has been and time) at (meeting place) . reviewed and approved as provided in s. 380.05. 1i (15) PUBLIC HEARINGS.— The advertisement shall also contain a geographic loca- +. procedure fortion map which clearly indicates the area covered by the t (a) The transmittal of a complete pro proposal. The ma shall include major x posed comprehensive plan or plan amendment pursu- P j street names as ant to subsection (3)and for adoption of a comprehen a means of identification of the area. sive plan or plan amendment pursuant to subsection(7) (16) COMPLIANCE AGREEMENTS.— ' shall be by affirmative vote of not less than a majority of (a) At any time following the issuance of a notice of j• the total membership of the governing body in the man- intent to find a comprehensive plan or plan amendment `' Her prescribed by this subsection. The adoption of a not in compliance with this part or after the initiation of a hearing pursuant to subsection(9),the state land plan comprehensive plan or plan amendment shall be by ` ordinance.For the purposes of transmitting or adopting ning agency and the local government may voluntarily a comprehensive plan or plan amendment, the notice enter into a compliance agreement to resolve one or (_ requirements in chapters 125 and 166 are superseded more of the issues raised in the proceedings. Affected • f' by this subsection. persons who have initiated a formal proceeding or have 1' (b) The local governing body shall hold at least two intervened in a formal proceeding may also enter into the compliance agreement. All parties granted interve- advertised public hearings on the proposed comprehen nor status shall be provided reasonable notice of the sive plan or plan amendment as follows: 1. The first public hearing shall be held at the trans- commencement of a compliance agreement negotiation mittal stage pursuant to subsection (3). It shall be held process and a reasonable opportunity to participate in on a weekday approximately 7 days after the day that such negotiation process. Negotiation meetings with the first advertisement is published. The intention to local governments or intervenors shall be open to the hold and advertise a second public hearing shall be Public. The state land planning agency shall provide '` each party granted intervenor status with a copy of the announced at the first public hearing. 2. The second public hearing shall be held at the compliance agreement within 10 days after the agree adoption stage pursuant to subsection (7). It shall be ment is executed. The compliance agreement shall list each portion of the plan or plan amendment which is not held on a weekday approximately 5 days after the day that the second advertisement is published. in compliance,and shall specify remedial actions which the local government must complete within a specified <¢r. Except as provided in paragraph (c), the advertisement time in order to bring the plan or plan amendment into shall state the date,time,place of the meeting,the sub- compliance, including adoption of all necessary plan )! ject of the meeting, and the place or places within the amendments. The compliance agreement may also boundaries of local governmental entity where the pro- establish monitoring requirements and incentives to posed comprehensive plan or plan amendment may be ensure that the conditions of the compliance agreement inspected by the public. The advertisement shall also are met. advise that interested parties may appear at the meeting (b) Upon filing by the state land planning agency of ' and be heard regarding the transmittal or adoption of a compliance agreement executed by the agency and the comprehensive plan or plan amendment. the local government with the Division of Administrative (c) If the proposed comprehensive plan or plan Hearings,any administrative proceeding under s. 120.57 amendment changes the permitted uses of land or regarding the plan or plan amendment covered by the changes land use categories, the required advertise- compliance agreement shall be stayed. ments shall be no less than one-quarter page in a stan- (c) Prior to its execution of a compliance agreement, dard size or a tabloid size newspaper,and the headline the local government must approve the compliance is the advertisement shall be in a type no smaller than agreement at a public hearing advertised at least 10 18 point.The advertisement shall not be placed in that days before the public hearing in a newspaper of gen portion of the newspaper where legal notices and classi- eral circulation in the area in accordance with the adver- led advertisements appear.The advertisement shall be tisement requirements of subsection (15). published in a newspaper of general paid circulation in 2(d) A local government may adopt a plan amend ` Me jurisdiction of the county or municipality, whichever ment pursuant to a compliance agreement in accord . "'applicable,and of general interest and readership in ance with the requirements of paragraph (15)(a). The f the county or municipality, whichever is applicable, not plan amendment shall be exempt from the requirements P One of limited subject matter, pursuant to chapter 50. of subsections (2) through (7). The local government f' '` Whenever possible, the advertisement shall appear in a shall hold a single adoption public hearing pursuant to - newspaper that is published at least 5 days a week, the requirements of subparagraph (15)(b)2. and para- ,` wins the only newspaper in the jurisdiction is pub- graph (15)(c). Within 10 working days after adoption of Med less than 5 days a week.The advertisement shall a plan amendment, the local government shall transmit t bin substantially the following form: the amendment to the state land planning agency as 1165df - r