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HomeMy WebLinkAboutItem V(A) Second Reading: Ordinanace No 94-25, amending Article IX of Land Developement Code regarding Concurrency "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 10-4-94 Ocoee Item V A O� '`j° ° CITY OF OCOEE COMMISSIONERS HNERN a O 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS ` E�P (407)�'2322 JIM GLEASON OF GOO' � CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYS DATE : SEPTEMBER 26, 1994 SUBJECT: REVISION TO ARTICLE IX, LAND DEVELOPMENT CODE SECOND READING AND PUBLIC HEARING ISSUE Should the Honorable Mayor and Board of City Commissioners approve the attached Ordinance 94-25 revising Article IX of the Land Development Code? BACKGROUND On March 7, 1994 , the City of Ocoee filed three comprehensive plan amendments with the Florida Department of Community Affairs (DCA) . With a few minor revisions, the City Commission adopted the amendments on June 21, 1994 and forwarded them to DCA. On August 15, 1994 , the City of Ocoee received a letter from DCA stating that a Notice of Intent to find the plan amendments in compliance would be published in the Orlando Sentinel on August 16 , 1994 . The Notice was published in the Sentinel on Wednesday, August 18 . A 21-day appeal period follows from the day the advertisement was published. The appeal deadline has now passed and the City was not notified of any appeals . DISCUSSION With the adoption of Ordinance 94-19 which is the City' s formal approval of the amendments, and approval of DCA, and there being no appeals filed to the DCA ruling, staff has made the necessary changes to the concurrency management system (Article IX) to keep it consistent with the revised Comprehensive Plan. There are two basic changes to the concurrency management system in light of the revised Comprehensive Plan: 1 . All roads that the City monitors are now measured to ensure that no segments go below Level of Service (LOS) D. The Ocoee Comprehensive Plan originally adopted an LOS C for arterials and limited access facilities; however, the City has since made �l.t Page 2 City Commission Staff Report - Concurrency application and been awarded approval of an "Urban" designation by the Florida Department of Transportation and the Federal Highway Administration. The "Urban" designation allows a municipality to use LOS D in formulating its traffic volumes and capacities for all roadways under FDOT functional classification. Upon being approved for the "Urban" designation, the City amended its Comprehensive Plan to make the change official . 2 . The recreation requirement for concurrency purposes is now 4 acres of park land for every 1, 000 permanent residents . The Comprehensive Plan originally went into great detail on requirements for both recreation and open space acreage as well as recreational facilities . The revised Plan outlines specific requirements for park land; however, the facilities to be placed on the land are now delineated as guidelines (versus requirements) in order to allow the City more flexibility in what is planned for these recreational areas . The land requirement is a standard component of most all municipal plans but requiring a certain amount of facilities such as tennis and basketball courts, playground equipment, and picnic tables went beyond the scope of what was intended for the Recreational Element of the Plan. The thought was that by having guidelines rather than requirements, the City could decide what to put as a priority depending on the demand at the time rather than being faced with building a tennis court somewhere because the current population figures triggered another court, regardless of whether the existing courts were being used or not . PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission, acting as the Local Planning Agency, found the ordinance to be consistent with the Comprehensive Plan and in the best interest of the City, and recommended that the City Commission adopt the ordinance upon second reading. STAFF RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners adopt Ordinance 94-25 . cc : Ellis Shapiro, City Manager Montye Beamer, Administrative Services Director Russ Wagner, Director of Planning ORDINANCE NO. 94- 25 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING ATTACHMENT 9-4 OF ARTICLE IX OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; ENACTING AND ADOPTING A NEW ATTACHMENT 9-4 OF ARTICLE IX OF CHAPTER 180 RELATING TO INFRASTRUCTURE LEVEL OF SERVICE INVENTORY;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to provide for new Attachment 9-4 to Article IX of Chapter 180 of the Code of Ordinances of the City of Ocoee relating to infrastructure level of service inventory; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on September 13, 1994 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan, and in the best interests of the City of Ocoee and recommended that the City Commission adopt this Ordinance. WHEREAS,pursuant to Chapter 163 and Section 166.041(3)(c),Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on September 20, 1994 and on October 4, 1994, after public notice and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMNIISSION OF THl1 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 and Chapters 163 and 166, Florida Statutes. SECTION 2. Repeal of Attachment 9-4 of Article IX of Chapter 180. Attachment 9-4 of Article IX of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety. SECTION 3. Enactment of New Attachment 9-4 of Article IX of Chapter 180. A new Attachment 9-4 of Article IX of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby adopted and shall read as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 5. 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 6. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or 2 relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED September 11 , 1994 AND ADVERTISEDSeptember 22 , 1994 READ FIRST TIME S ep t emb er 20 , 1994 READ SECOND TIME AND 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 3 c EXHIBIT "A" ATTACHMENT 9-4 INFRASTRUCTURE LEVEL OF SERVICE INVENTORY . CITY OF OCOEE, FLORIDA TRAFFIC CIRCULATION Roads (average daily trips) Collectors - LOS Standard D Arterials - LOS Standard D Limited Access Facilities - LOS Standard D SANITARY SEWER 270 gallons per day per equivalent residential unit (ERU). POTABLE WATER 300 gallons per day per ERU. SOLID WASTE 6.0 pounds per capita per day. STORMWATER DRAINAGE 25 year/24 hour storm event that is consistent with Chapter 17-25 FAC (without exceptions). RECREATION 4 acres of park land per 1,000 population. 18232