VI (A1) Ordinance No. 2000-16, Amendment to Intergovernmental Coordination Element of the Comprehensive Plan Agenda 5-16-2000
Item VI A 1
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER__
nOcoeeLt„ S.SCOTT VANDERGRIFT
CITY OF OCOEECOMMIsstoNERS150 N.LAKESHORE DRIVE DANNY HOWELL
SCOTT ANDERSON
IP"44 -
OCOEE FLOR DA 34761-2258(407 656-2322RUSTY JOHNSON
5
NANCY J.PARKER
STAFF REPORT
CITY MANAGER
ELLIS SHAPIRO
DATE: May 1, 2000
TO: Honorable Mayor and City Commissioners
FROM: Kirsten McGinnis, Senior Planner VI\
THROUGH: Russ Wagner, AICP, Director of Planning /
SUBJECT: Comprehensive Plan Amendment—Intergovernmental.Coordination Element
Ordinance No. 2000-16
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance Number 2000-16 amending the
Intergovernmental Coordination Element of the Comprehensive Plan?
BACKGROUND:
The proposed textual amendments to the Comprehensive Plan address the requisite changes to
the Intergovernmental Coordination Element as required by F.S. Chapter 163.3177(6)(h)—
expanded intergovernmental coordination. Chapter 163 requires all counties and municipalities to
amend the Intergovernmental Coordination Element of their Comprehensive Plans to: 1) provide
for procedures to identify and implement joint planning areas for the purpose of annexation,
municipal incorporation, and joint infrastructure service areas; 2) to provide for the recognition of
campus master plans; 3) and to describe the joint process for collaborative planning and decision-
making on population projections and public school siting, location of unwanted uses, and the
location and extension of public facilities subject to concurrency.
Chapter 163 also requires that this amendment to the Intergovernmental Coordination Element be
adopted prior to December 31, 1999. Unfortunately, the City was unable to meet this requirement
because the Department of Community Affairs (DCA) would not allow amendments to the
Comprehensive Plan until the City's Revised Evaluation and Appraisal Report (EAR) was reviewed
for sufficiency. DCA has completed their review of the EAR and recently issued a final
determination of sufficiency.
On March 7, 2000, the Mayor and City Commissioners elected to waive DCA's standard review
(Objections, Recommendations and Comments Report—ORC) and transmit the amendment to
DCA as "proposed" to expedite the review process. On March 9, 2000, the proposed amendment
was transmitted to DCA for expedited review. On April 10, 2000, DCA issued at letter stating that
they have reviewed the proposed amendment and have waived the ORC review (attached),
enabling the City to proceed with adoption of the proposed amendment.
Pa
Protect Ocoee's:tater Resources,( l/
The Honorable Mayor and City Commissioners
May 1, 2000
Page 2
DISCUSSION:
Following are the proposed textual amendments to the Intergovernmental Coordination Element
that address the new statutory requirements:
(Modified) GOAL
- CONTINUE TO IMPROVE THE EXISTING SYSTEM OF INTERLOCAL COORDINATION
TO SUCCESSFULLY IMPLEMENT LOCAL GOVERNMENT COMPREHENSIVE PLANS
AND TO RESOLVE CONFLICTS RESULTING FROM THE PLANS.
(Existing) Objective 1
By 1992, the City shall enter into interlocal agreements with the Cities of Apopka and
Winter Garden, the Town of Windermere, the Orange County School Board, and Orange
County which will provide close coordination, evaluation and integration of local
comprehensive plans and development proposals. (ECFRPC Comprehensive Regional
Policy Plan Regional Issues 60 and 65, Policies 60.33, 60.32, 65.1, 65.2, and 65.5.)
(Modified) Policy 1.4
The City will shall continue to coordinate with the Orange County School Board, the
ECFRPC, the SJRWMD, other state agencies such as epartment „f Community
Affairs, the Department of Environmental Regulation, the Department of Natural
Se�.T aad or federal agencies and any other special districts on projects that fall within
their jurisdictions or are multi jurisdictional in nature to identify and resolve any conflicts
with the City's Comprehensive Plan, and in turn, amend the Plan as needed to ensure
coordination.
(New) Policy 1.5.2
The City will include in the existing interlocal agreement with Orange County policies for
joint projects identified within the City's Stormwater Management Plan and the County's
Stormwater Management Plan.
(Modified) Objective 2
By 1992,the City shall establish a means by which level-of-service standards aro
The City will coordinate with service providers that have no
regulatory authority over the use of land in the City to develop recommendations that
address ways to improve coordination with the City's concurrency management systems
and levels of service as well as with neighboring jurisdictions- (ECFRPC Regional Policy
Plan Regional Issues 60, 64 and 65, Policies 60.32, 60.34, 64.1, 64.2, 64.10, and 65.4.)_
The Honorable Mayor and City Commissioners
May 1, 2000
Page 3
(New) Objective 3
The City will continue to collaborate with Orange County and Orange County Public
Schools on population projections, school siting, facilities subject to concurrency, and
problem land uses.
(New) Policy 3.1
The City will continue to coordinate with the Orange County Planning Department in
developing countywide population projections which include expected growth shown in the
Comprehensive Plan for the City.
(New) Policy 3.2
The City will continue to forward the population projections used in its Comprehensive Plan
to the School Board so they can consider projected growth and development as it relates to
the future need for schools in 5,10 and 20-year facility plans.
(New) Policy 3.3
The City will continue to work with Orange County Public Schools in planning for public
school sites within the City's jurisdiction to ensure consistency with the Comprehensive
Plan. This will include the review of the 5,10 and 20-year facility plans of Orange County
Public Schools as well as responding as needed to site specific plans to locate new schools
or expand existing schools.
(New) Policy 3.4
The City will utilize the countywide planning process, or other appropriate mitigation
process, in the review and recommendation of any necessary modification to the agreed
upon school siting process due to intergovernmental conflicts or to address any needed
refinements to reflect current statutory requirements.
(New) Policy 3.5
The City will review Orange County Public Schools' annually updated 5-year work program
and the 10, and 20-year facility work programs to coordinate those plans with the Ocoee
Comprehensive Plan.
(New) Policy 3.6
City staff will coordinate as often as needed with Orange County to determine needs for
water and sewer within each respective unincorporated area served by the City.
(New) Policy 3.7.
The City will notify Orange County in a timely manner of plans to extend water and sewer
facilities in unincorporated areas contained within the City's service area.
The Honorable Mayor and City Commissioners
May 1, 2000
Page 4
(New) Policy 3.8
The City will conduct a review of its local standards with regard to problematic land uses to
determine whether any conflicts exist between its regulations and neighboring jurisdictions
regulations and what can be done to resolve any conflicts found.
DEVELOPMENT REVIEW COMMITTEE MEETING:
On October 20, 1999, the Development Review 'Committee (DRC) unanimously recommended
approval of the proposed amendment to the Intergovernmental Coordination Element of the
Comprehensive Plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting held on November 9, 1999, the Planning and Zoning Commission, acting
in its capacity as the Local Planning Agency, held a Public Hearing regarding the amendment to
the Intergovernmental Coordination Element of the Comprehensive Plan. After discussing a few
general issues regarding the proposed amendment, the Planning and Zoning Commission voted
unanimously to recommend approval of the amendment to the Intergovernmental Coordination
Element of the Comprehensive Plan.
CITY COMMISSION:
On March 7, 2000, the City Commission, after discussion of a few general items, unanimously
recommended approval to transmit the proposed amendment to the Intergovernmental
Coordination Element to DCA.
STAFF RECOMMENDATION:
Based upon the recommendations of the Planning and Zoning Commission and the Mayor and
City Commissioners, Staff recommends the Mayor and City Commissioners adopt Ordinance
2000-16, amending the Intergovernmental Coordination Element of the Comprehensive Plan.
Attachments: Ordinance Number 2000-16
Copy of Letter from DCA
Copy of Public Hearing Advertisement
O:\CALEXANDER\ALL DATA\CAPDFILE\Staff Reports\2000CCSR\SR00043.doc
ORDINANCE NO. 2000-16
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE
INTERGOVERNMENTAL COORDINATION . ELEMENT OF THE OCOEE
COMPREHENSIVE PLAN, AS ADOPTED ON SEPTEMBER 18, 1991 BY
ORDINANCE NO. 91-28 AS AMENDED, TO- INCREASE GOVERNMENTAL
COORDINATION REGARDING POPULATION PROJECTIONS, PROBLEM
LAND USES, AND EXTENSION OF PUBLIC FACILITIES SUBJECT TO
CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSON OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1. Findings, 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 ("Ocoee Comprehensive Plan").
b. The City has initiated Amendment No. CPA-99-002 in order to
amend the Intergovernmental Coordination Element of the Ocoee
Comprehensive Plan to address new statutory requirements pursuant to
Section 163.3177 (6)(h), Florida Statutes ("Amendment").
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 March 7, 2000, the City Commission held an advertised
public hearing and approved transmittal of the Amendment to the Florida
Department of Community Affairs ("DCA").
e. On May 16, 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 Sections1-
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 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.
1
SECTION 3. Plan Amendment. The Intergovernmental Coordination Element
is hereby amended by modifying the overall Goal, Policy 1.4 and Objective 2 and adding Policy
1.5.2, Objective 3, and Policies 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, and 3.8 as reflected in Exhibit
"A" attached hereto and by this reference incorporated herein.
SECTION 4. 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 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.
PASSED AND ADOPTED this_ day of , 2000.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED: February 24, 2000—Transmittal Public Hearing
May 4, 2000—Adoption Public Hearing
READ FIRST TIME: March 7, 2000—Transmittal Public Hearing
READ SECOND TIME and ADOPTED:
Adoption Public Hearing
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF , 2000.
FOLEY & LARDNER
By: _
City Attorney
2
Exhibit A
(Modified) GOAL
CONTINUE TO IMPROVE THE EXISTING SYSTEM OF INTERLOCAL
COORDINATION TO SUCCESSFULLY IMPLEMENT LOCAL GOVERNMENT
COMPREHENSIVE PLANS AND TO RESOLVE CONFLICTS RESULTING FROM THE
PLANS.
(Modified) Policy 1.4
The City will shall continue to coordinate with the Orange County School Board, the
ECFRPC, the SJRWMD,, other state agencies-such as th Depar►ment of Comm„nity
Affairs, the Department of Environmental Regulation, the Department of Natural
Resources, the Department of Transportation, the Department of Health and
Rehabilitative Services, and or federal agencies and any other special districts on
projects that fall within their jurisdictions or are multi jurisdictional in nature to identify
and resolve any conflicts with the City's Comprehensive Plan, and in turn, amend the
Plan as needed to ensure coordination.
(New) Policy 1.5.2
The City will include in the existing interlocal agreement with Orange County policies for
joint projects identified within the City's Stormwater Management Plan and the County's
Stormwater Management Plan.
(Modified) Obiective 2
By 1 O92 the City shall establish n n ,i ndard re
oT�vv=�„��o��a„-�z�.���„ a �e�,ns bTwhish level-a#-sewise-s�ta„�s-aro
The City will coordinate with service providers that have no
regulatory authority over the use of land in the City to develop recommendations that
address ways to improve coordination with the City's concurrency management systems
and levels of service as well as with neighboring jurisdictions, (ECFRPC Regional Policy
Plan Regional Issues 60, 64 and 65, Policies 60.32, 60.34, 64.1, 64.2, 64.10, and 65.4.),
(New) Objective 3
The City will continue to collaborate with Orange County and Orange County Public
Schools on population projections, school siting, facilities subject to concurrency, and
problem land uses.
(New) Policy 3.1
The City will continue to coordinate with the Orange County Planning Department in
developing countywide population projections which include expected growth shown in
the Comprehensive Plan for the City.
3
(New) Policy 3.2
The City will continue to forward the population projections used in its Comprehensive
Plan to the School Board so they can consider projected growth and development as it
relates to the future need for schools in 5,10 and 20-year facility plans.
(New) Policy 3.3
The City will continue to work with Orange County Public Schools in planning for public
school sites within the City's jurisdiction to ensure consistency with the Comprehensive
Plan. This will include the review of the 5,10 and 20-year facility plans of Orange County
Public Schools as well as responding as needed to site specific plans to locate new
schools or expand existing schools.
(New) Policy 3.4
The City will utilize the countywide planning process, or other appropriate mitigation
process, in the review-and recommendation of any necessary modification to the agreed
upon school siting process due to intergovernmental conflicts or to address any needed
refinements to reflect current statutory requirements.
(New) Policy 3.5
The City will review Orange County Public Schools' annually updated 5-year work
program and the 10, and 20-year facility work programs to coordinate those plans with
the Ocoee Comprehensive Plan.
(New) Policy 3.6
City staff will coordinate as often as needed with Orange County to determine needs for
water and sewer within each respective unincorporated area served by the City.
(New) Policy 3.7
The City will notify Orange County in a timely manner of plans to extend water and
sewer facilities in unincorporated areas contained within the City's service area.
(New) Policy 3.8
The City will conduct a review of its local standards with regard to problematic land uses
to determine whether any conflicts exist between its regulations and neighboring
jurisdictions regulations and what can be done to resolve any conflicts found.
4
(New) Policy 3.2
The City will continue to forward the population projections used in its Comprehensive
Plan to the School Board so they can consider projected growth and development as it
relates to the future need for schools in 5,10 and 20-year facility plans.
(New) Policy 3.3
The City will continue to work with Orange County Public Schools in planning for public
school sites within the City's jurisdiction to ensure consistency with the Comprehensive
Plan. This will include the review of the 5,10 and 20-year facility plans of Orange County
Public Schools as well as responding as needed to site specific plans to locate new
schools or expand existing schools.
(New) Policy 3.4
The City will utilize the countywide planning process, or other appropriate mitigation
process, in the review and recommendation of any necessary modification to the agreed
upon school siting process due to intergovernmental conflicts or to address any needed
refinements to reflect current statutory requirements.
(New) Policy 3.5
The City will review Orange County Public Schools' annually updated 5-year work
program and the 10, and 20-year facility work programs to coordinate those plans with
the Ocoee Comprehensive Plan.
(New) Policy 3.6
City staff will coordinate as often as needed with Orange County to determine needs for
water and sewer within each respective unincorporated area served by the City.
(New) Policy 3.7
The City will notify Orange County in a timely manner of plans to extend water and
sewer facilities in unincorporated areas contained within the City's service area.
(New) Policy 3.8
The City will conduct a review of its local standards with regard to problematic land uses
to determine whether any conflicts exist between its regulations and neighboring
jurisdictions regulations and what can be done to resolve any conflicts found.
O:\CALEXANDER\ALL DATA\CAPDFILE\FORMS\2000 FORMS\FORMS00033.doc
4
STATE OF FLORIDA
•
DEPA •RTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH STEVEN M.
Governor
(�l p Cti' ec iaTy
I '
t
siu, UR
April 10, 2000
The Honorable S. Scott Vandergrift,Mayor CITY OF OCOEE
City of Ocoee
150 North Lakeshore Drive
Ocoee,Florida 34761-2258
Dear Mayor Vandergrift:
The Department has conducted a preliminary review of the City's proposed comprehensive plan
amendment received on March 13, 2000, DCA Reference No. 00-1ICE.
We have determined that the proposed plan amendment need not be formally reviewed for
consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5,Florida Administrative Code.
In addition, the Department has not received any recommendation for review from the East Central
Regional Planning Council or any affected person regarding the proposed amendment.
Therefore,the proposed amendment will not be reviewed and the Objections,Recommendations
and Comments report will be waived. The City may proceed to immediately adopt the amendment.
Also,pursuant to Chapter 163.3189(2)(a),F.S.,the Department recommends that the City
include the following language in the adoption ordinance regarding the effective date of the adopted
amendment:
"The effective date of this plan amendment shall be: The date a final order is issued by the
Department of Community Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184,F.S.; or the date a final order is issued by the Administration Commission finding the
amendment to be in compliance in accordance with Chapter 163.3184, F.S." 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 pursuant to Chapter 163.3184(9),F.S.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921 .0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT
2796 Overseas Highway,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
• Marathon,FL 33050-2227 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100
(305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956
The Honorable S. Scott Vandergrift •
April 10, 2000
Page Two '`
This letter should be made available for public inspection. If you have any questions, please
contact Mark Lippert, Planner IV, at(850)487-4545.
Sincerely,
ob Cambric, AICP
Growth Management Administrator
Bureau of Local Planning
BC/ml
cc: Mr. Russell B. Wagner,Director of Planning, City of Ocoee •
Mrs. Sandra GIenn,Executive Director, East Central Florida
Regional Planning Council
Copy of Public Hearing Advertisement
Date Published
The Orlando Sentinel,Thursday,May 4,2000
Advertisement
NOTICE OF PUBLIC HEARING TO
•
CONSIDER AN AMENDMENT TO
THE INTERGOVERNMENTAL g
COORDINATION ELEMENT OF THE
OCOEE COMPREHENSIVE PLAN
NOTICE IS HEREBY GIVEN pursuant to
Sections 163.3184 and 166.041, Florida Statutes, and .
Sections 1-10 and 5-9,Ocoee Land Development Code,
that on Tuesday, May 16,2000, at 7:15 p.m.,or as soon
thereafter as practical, the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING at the City Commission
Chambers, 150 North Lakeshore Drive,Ocoee,Florida to
consider the second of two readings to adopt the follow-
ing Ordinance:
AN ORDINANCE OF THE CITY OF OCOEE,
FLORIDA AMENDING THE INTERGOVERN-
MENTAL COORDINATION ELEMENT OF THE
OCOEE COMPREHENSIVE PLAN, AS •
ADOPTED ON SEPTEMBER 18, 1991 BY
ORDINANCE NO 91-28, AS AMENDED TO
INCREASE GOVERNMENTAL COORDINA-
TION REGARDING POPULATION PROJEC-
TIONS,PROBLEM LAND USES,AND EXTEN-
SION OF PUBLIC FACILITIES SUBJECT TO
CONCURRENCY; PROVIDING FOR SEVER-
ABILITY:PROVIDING AN EFFECTIVE DATE.
The City Commission may continue the public hearing to
other dates and times as it deems necessary.Any inter-
ested party shall be advised that the dates,times, and
.places of any continuation of this or continued public
hearings shall be announced during the hearing and"that
no further notices regarding these matters will be pub-
lished.
A copy of the proposed Ordinance may be inspected at
the Ocoee City Clerk's Office,150 North Lakeshore Drive,
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 Ordinance. Any person who
desires to appeal any decision made during the public
hearing will 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.Persons •with disabilities needing assistance to participate in any
of the proceedings should contact the City Clerk's Office
48 hours in advance of the meeting at(407)656-2322.
JEAN GRAFTON,CITY CLERK,CITY OF OCOEE
Thursday,May 4,2000
(Orlando Sentinel)