VI (A2) Second Reading of Ordinance No. 99-09, Increase the Membership of the Planning and Zoning Commission from 7 to 9 Members, Land Development Code Amendment Agenda 2-02-99
FOLEY ei LARDNER Item VIA2
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
JACKSONVILLE ORLANDO,FLORIDA 32802-2193 SAN DIEGO
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ORLANDO FACSIMILE(407)648-1743 WASHINGTON D.C.
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FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-010]
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: January 28, 1999
RE: Ordinance No. 99-09: Planning and Zoning Commission Membership
Pursuant to your direction, attached hereto is a revised Ordinance No. 99-09
which would increase the size of the Planning and Zoning Commission from 7 to 9 members
and eliminate the alternate positions. Effective upon adoption of the Ordinance, the terms of
the currently serving alternates would terminate. This would result in two vacancies on the
Planning and Zoning Commission which would need to be filled by a majority vote of the City
Commission. The City Commission may appoint the alternates to these new positions, but is
not obligated to take such action.
At the public hearing, the title of the advertised Ordinance (which includes
alternate positions) will be read. However, the City Commission may adopt the attached
Ordinance by a motion to adopt the revised Ordinance No. 99-09 as set forth in the
memorandum from the City Attorney. The revision does not require readvertising in order to
take final action.
/jh
Attachment
006.125712.1 ESTABLISHED 1842 G(`
A MEMBER Of GLOBALE% WITH MEMBER OFFICES IN BEAVN, BRUSSELS, DRESDEN, FRANKFURT, LONDON, SINGAPORE, SbW,o,M AND STUTTGART
ORDINANCE NO. 99-09
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO APPOINTMENT OF MEMBERS TO THE
PLANNING AND ZONING COMMISSION; AMENDING
SECTION 3-2.A AND SECTION 3-2.C(3) OF ARTICLE III
OF CHAPTER 180 OF THE CODE OF ORDINANCES OF
THE CITY OF OCOEE TO INCREASE THE
MEMBERSHIP OF THE PLANNING AND ZONING
COMMISSION FROM 7 TO 9 MEMBERS, AND TO
INCREASE THE QUORUM REQUIREMENT TO 5
MEMBERS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee recognizes the
increasing need for geographical diversity among the members of the Planning and Zoning
Commission as the City continues its rapid growth; and
WHEREAS, the City Commission desires to provide more opportunities for the
residents of Ocoee to participate in the planning process and the decisions affecting the growth
of the City; and
WHEREAS, the City Commission desires to increase the size of the Planning
and Zoning Commission in order to create more geographical diversity among the members of
the Planning and Zoning Commission and to increase participation by the City's residents in
the planning process and the decisions affecting the growth of the City; 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 January 12, 1999 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; and
006.112839.5
WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c), Florida
Statutes, the Ocoee City Commission held public hearings on this Ordinance on
January 19, 1999 and on February 2, 1999, 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 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 and Chapters 163 and 166, Florida Statutes.
SECTION 2. Amendment to Section 3-2.A. Section 3-2.A of Article
III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended
as follows:
A. Establishment and Membership
The Planning and Zoning Commission shall consist of seven (7) nine (9)
members and two (2) alternates appointed by the City Commission-and
that-no. No member er _"�---+e shall he an employee of the City of
Ocoee and all members shall be residents of the City of Ocoee. When
selecting members to the Planning and Zoning Commission, the City
Commission shall attempt to select persons from different geographical
areas within the City so as to create geographical diversity and
representation.
-2-
006.112839.5
SECTION 3. Amendment of Section 3-2.C(3). Section 3-2.C(3) of
Article III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended as follows:
(3) Four (1) Five (5) members of the Planning and Zoning Commission shall
constitute a quorum, and no action may be taken if less than Four (1)
five (5) members and are present and voting.
SECTION 4. Termination of Alternate Positions. Effective upon the
adoption of this Ordinance the terms of the two existing alternates to the Planning and Zoning
Commission shall terminate.
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. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of ,1999.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
-3-006.112839.5
(SEAL)
ADVERTISED January 10, 1999
AND ADVERTISED January 17, 1999
READ FIRST TIME January 19, 1999
READ SECOND TIME AND ADOPTED
1999
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of ,1999.
FOLEY & LARDNER
By:
City Attorney
-4
006.112839.5
ORDINANCE NO. 99-09
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO APPOINTMENT OF MEMBERS TO THE
PLANNING AND ZONING COMMISSION; AMENDING
SECTION 3-2.A AND SECTION 3-2.C(3) OF ARTICLE III
OF CHAPTER 180 OF THE CODE OF ORDINANCES OF
THE CITY OF OCOEE TO INCREASE THE
MEMBERSHIP OF THE PLANNING AND ZONING
COMMISSION FROM 7 TO 9 MEMBERS, TO ESTABLISH
THE CIRCUMSTANCES UNDER WHICH ALTERNATE
MEMBERS MAY PARTICIPATE AND VOTE AS A
MEMBER, AND TO INCREASE THE QUORUM
REQUIREMENT TO 5 MEMBERS OR ALTERNATE
MEMBERS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee recognizes the
increasing need for geographical diversity among the members of the Planning and Zoning
Commission as the City continues its rapid growth; and
WHEREAS, the City Commission desires to provide more opportunities for the
residents of Ocoee to participate in the planning process and the decisions affecting the growth
of the City; and
WHEREAS, the City Commission desires to increase the size of the Planning
and Zoning Commission in order to create more geographical diversity among the members of
the Planning and Zoning Commission and to increase participation by the City's residents in
the planning process and the decisions affecting the growth of the City; and
WHEREAS, the City Commission desires to establish a consistent procedure
for the participation of the alternate members of the Planning and Zoning Commission; 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 January 12, 1999 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; and
WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c), Florida
Statutes, the Ocoee City Commission held public hearings on this Ordinance on
January 19, 1999 and on February 2, 1999, 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 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 and Chapters 163 and 166, Florida Statutes.
SECTION 2. Amendment to Section 3-2.A. Section 3-2.A of Article
III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended
as follows:
-2-
A. Establishment and Membership
The Planning and Zoning Commission shall consist of seven (7) nine (9)
members and two (2) alternate members consisting of a senior alternate
and a junior alternate, all appointed by the City Commission. Alternate
members shall be entitled to participate in all meetings, but shall not be
entitled to vote or otherwise act as a member except as expressly
provided herein. If one member of the Planning and Zoning
Commission is absent from a meeting, then the Senior Alternate shall act
as a member at that meeting unless the Senior Alternate is also absent in
which case the Junior Alternate shall act as a member. If two or more
members of the Planning and Zoning Commission are absent from a
meeting, then the Senior Alternate and Junior Alternate shall both act as
members at that meeting. An alternate member acting as a member at a
meeting shall be entitled to vote on all matters and shall count toward the
determination of a quorum. When selecting members and alternate
members of the Planning and Zoning Commission, the City Commission
shall attempt to select persons from different geographical areas within
the City so as to create geographical diversity and representation. No
member or alternate member shall be an employee of the City of Ocoee
and all members and alternate members shall be residents of the City of
Ocoee.
SECTION 3. Amendment of Section 3-2.C(3). Section 3-2.C(3) of
Article III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended as follows:
(3) Four (1) Five (5) members or alternate members of the Planning and
Zoning Commission shall constitute a quorum, and no action may be
taken if less than Four (1) five (5) members and alternate members are
present and voting.
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.
-3-
SECTION 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of ,1999.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED January 10 , 1999
AND ADVERTISED January 17 , 1999
READ FIRST TIME January 19 , 1999
READ SECOND TIME AND ADOPTED
, 1999
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of ,I999.
FOLEY & LARDNER
By:
City Attorney
P\AHORNE\ALL DATA\ORDI NANC\PZCImmDRD do
_4
"Tina DnalkarBe6iY,'gipley aahparyTF Lae
NOTICE OF LAND DEVELOPMENT,CODE CHANGE CITY-9F'
OCOEE NOTICE OF AN AMENDMENT TO THE OCOEEJAND!'
DEVELOPMENT CODE TO INCREASE THE MEMBERSHIP
OF PLANNING AND ZONING COMMISSION FROM 1 TO 9 I
MEMBERS,TO ESTABLISH THE CIRCUMSTANCES UNDER
WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND
VOTE AS A MEMBER,AND TO INCREASE THE QUORUM
REQUIREMENT TO 5 MEMBERS
The City Commission of the City of Ocoee proposes
to adopt the following Ordinance:
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA RELATING TO
THE APPOINTMENT OF MEMBERS TO THE PLANNING AND ZON-
ING COMMISSION;AMENDING SECTION 3-2(A)AND SECTION 3-
2(C)(3)OF ARTICLE III OF CHAPTER 180 OF THE CODE OF ORDI-
NANCES OF THE CITY OF OCOEE;FLORIDA TO INCREASE THE
MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION
FROM 7 TO 9 MEMBERS, TO ESTABLISH THE CIRCUMSTANCES
UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND
VOTE AS A MEMBER,AND TO INCREASE THE QUORUM REQUIRE-
MENT TO 5 MEMBERS OR ALTERNATE MEMBERS:PROVIDING FOR
SEVERABILITY:PROVIDING AN EFFECTIVE DATE.
City of Ocoee,Florida
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The Ocoee City Commission will hold the first of two public hearings concerning
the proposed Ordinance on Tuesday,January 19,1999 at 7:15 p.m.,or as soon
thereafter as practical,and the second of two public hearings concerning the pro.
posed Ordinance on Tuesday,February 2,1999 al 7:15 p.m.,or as soon thereafter
as practical,at the Ocoee City Commission Chambers, 150 North Lakeshore
(rive,Ocoee,Florida.The City Commission may Continue the public hearing to
other dates and times as they deem necessary.Any Interested parry shall be
advised that the dates,limes,and places of any continuation of this or continued
public bearing&shall be announced during the headngiand that no further notion
regarding these matters will be published.
A copy of the proposed ordinance may be inspected by the public at the Ocoee
Planning Department 150 North Lakeshore Drive.Ocoee,Florida.between the
hours of BOO 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.This notice is given pursuant to Chapter 156041(3)(c),
Florida Statutes. •
Any person wishing to appeal any decision made with respect to any matter con-
sidered at the public hearing may need a record Of the proceeding and IOr this pur-
pose 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
aNbtilnea needing assistance l0 pat E pate in any 0f the proceedings should con-
tact the City Clerk's Office 43 hours In advance of the meeting at(407)656-2322,
Jean Grafton,City Clerk Sunday,January 10,1999 and Sunday,January 17,1999
City of Ocoee
K-2 Tho Orlando Sentinel.SundayJanuary. 17.1999 Oat
NOTICE OF LAND DEVELOPMENT CODE CHANGE CITY OF
-OCOEE NOTICE OF AN AMENDMENT TO THE OCOEE LAND
DEVELOPMENT CODE TO INCREASE THE MEMBERSHIP
OF PLANNING AND IONING COMMISSION FROM 7 TO 9
MEMBERS,TO ESTABLISH THE CIRCUMSTANCES UNDER
WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND
VOTE AS A MEMBER,AND TO INCREASE THE QUORUM
REQUIREMENT TO 5 MEMBERS
The City Commission of the City of Ocoee proposes
to adopt the following Ordinance:
AN ORDINANCE OF THE CRY OF OCOEE,FLORIDA RELATING TO
THE APPOINTMENT OF MEMBERS TO THE PLANNING AND ZON-
ING COMMISSION;AMENDING SECTION 3-2(A)AND SECTION 3-
2(C)(3)OF ARTICLE III OF CHAPTER 1ri0 OF THE CODE OF ORDI-
NANCES OF THE CITY OF OCOEE, FLORIDA TO INCREASE THE
MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION
FROM 7 TO 9 MEMBERS,TO ESTABLISH THE CIRCUMSTANCES
UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND
VOTE AS A MEMBER,AND TO INCREASE THE QUORUM REQUIRE-
MENT TO 5 MEMBERS OR ALTERNATE MEMBERS;PROVIDING FOR
SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
City of Ocoee,Florida
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PJ I I:L,,r P AT .i � � '19 The:Otoee'Cig dommissior,will hold the first of Iwopublc hearings concerning
the propoiedOrdinance on Tuesday,January 19,1999 at 7:15 p.m..or as soon
thereafter an pra9tical,and the second of two public hearings concerning the pro-
posed,Ordinance an Tuesday,February 2,1999 at 7.15 p m.,or as soon thereafter
as practical,at the Ocoee City.COmmission Chambers, 150 North Lakeshore
Odve;Ocoek Florida.The City Commission may continue the public hearing to
other Cates and Nnes as.they deem necessary My interested parry shall be
advisad'tlt7(the dates limes and places at-hay conlinuetion of this or continued
pupae •a shall,•, annWnced dudgg tide heanng and that no further notices,'
u
Atopy'olthe proposed Ordinance may be led b¢the public at the Ocoee
PoMNp Department;150 NorthLakeshorea Drive,Ocoee,Florida,between the
hours glee a m and§00 pm.,Monday bough Riday,except legal holidays.
�nlefaslpd;pabes 5 y;appear at the pule hearing and heard with respect to
the pniggedOnlinance1 lis notice Is pleadpursuant to Chapter 166 041(3)(c),
Rodga$t]N{es x1tn{i r .•...4
Sy.peripriyilshingTi appeal any edecision
d'sremade wMrespeci to nganyma0ercon-
sbaeditthe pub)k heating May record of the proceeding and for this our-
;past may need to ensure that a nceupm record of the proceedings Is made which
. Ipcl4es the testimony andevidence upon which the appear s based.Persons with
disabilities needing assistance to participate in any of the proceedings should con-
tact the City Clerk's Office 48 hours in advance of the meeting at(407)656-2322.
Jean Grattan,City Clerk Sunday,January 10.1999 and Sunday,January 17,1999
CiM01 Ocoee