Item 16 Land Development Code (LDC) Amendment to Article III, Subsection A of Section 3-2 regarding an Alternate Board Member on the Planning and Zoning Commission ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: November 5, 2019
Item #: �(p
Reviewed By:
Contact Name: Michael Rumer, Development Department Director:
Services Director
Contact Number: Ext. 1018 City Manager: Robert Fr-i'
Subject: LAND DEVELOPMENT CODE (LDC)AMENDMENT TO ARTICLE III,
SUBSECTION SECTION A OF SECTION 3-2
PLANNING AND ZONING COMMISSION ALTERNATE BOARD MEMBER
Background Summary:
On May 15, 2018, the City Commission adopted an Ordinance which amended Section 3-2 and Section 3-3 of
the City of Ocoee Land Development Code, it amended the establishment and membership of the Planning
and Zoning Commission, abolished the Board of Adjustment, revised the duties of the Planning and Zoning
Commission, and incorporated the rules from Ordinance 89-19 into the Code. The adopted Ordinance
consisted of changing the Planning and Zoning Commission from a nine (9) member Commission to a five (5)
member Commission. The City is proposing to amend the Land Development Code and add a provision to
Article Ill, Subsection A of Section 3-2 to appoint six (6) members to comprise the Planning and Zoning
Commission, including one (1) alternate member appointed by the City Commission, as well as maintaining
the (1) non-voting member appointed by the School Board of Orange County.
The new alternate member would be required to attend and participate in Planning and Zoning meetings with
the exception of holding a nonvoting status unless: i) a quorum is not met or ii) a voting conflict is made by a
member.
Issue:
Should the Honorable Mayor and City Commission approve of Ordinance amending the Land Development Code
(LDC) relative to Article Ill, Subsection A of Section 3-2 of the Planning and Zoning Commission to add one (1)
alternate member appointed member by the City Commission.
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on Tuesday, October 1, 2019, and reviewed the proposed
amendment. The DRC voted to recommend approval of the language as proposed.
Planning and Zoning Committee Recommendation:
The Planning and Zoning Commission met on Tuesday, October 8, 2019, and reviewed the proposed
amendment. The Planning and Zoning Commission voted to recommend approval of the language as proposed.
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Recommendations:
Staff recommends the Honorable Mayor and City Commission approve an Ordinance amending the Land
Development Code (LDC) relative to Article Ill, Subsection A of Section 3-2 of the Planning and Zoning
Commission to add one (1) alternate member appointed member by the City Commission.
Attachments:
Proposed Ordinance
Financial Impact:
NA
Type of Item: (please mark with an "x")
❑ Public Hearing For Clerk's Dept Use:
El Ordinance First Reading 0 Consent Agenda
O Ordinance Second Reading 0 Public Hearing
O Resolution 0 Regular Agenda
O Commission Approval
O Discussion& Direction
O Original Document/Contract Attached for Execution by City Clerk
O Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
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ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING SUBSECTION A OF SECTION 3-2 OF THE CITY OF
OCOEE LAND DEVELOPMENT CODE, RELATING TO THE
PLANNING AND ZONING COMMISSION; ALLOWING THE
MAYOR AND CITY COMMISSIONERS TO DESIGNATE ONE
ALTERNATE BOARD MEMBER TO THE PLANNING AND
ZONING COMMISSION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with Section 163.3174, Florida Statutes, the City of Ocoee
has established a Local Planning Agency/Planning and Zoning Commission; and
WHEREAS, on August 15, 1989 the City Commission of the City of Ocoee ("City
Commission") adopted ordinance 89-19 in which the City Commission established the meeting
time for the City Planning and Zoning Commission; and
WHEREAS, on July 21, 1992, the City Commission adopted Article III, section 3-2 of
the City of Ocoee Land Development Code, to establish the Planning and Zoning Commission in
Code and allow for adoption of rules; and
WHEREAS, on March 9, 1993, the Planning and Zoning Commission confirmed
ordinance 89-19 as the Planning and Zoning Commission's Rules of Procedure; and
WHEREAS, on May 15, 2018, the City Commission adopted Ordinance 2018-021
which amended Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code
relating to the Planning and Zoning Commission; and
WHEREAS, on October 8, 2019, the Planning and Zoning Commission held a public
hearing to consider the amendment proposed by staff to amend Section 3-2 of the Land
Development Code to provide for an alternate; and
WHEREAS, the City Commission may exercise any power for municipal purposes,
except as expressly prohibited by law; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in the
best interest of the City and its residents and promotes the health, safety, and welfare of the
public.
NOW, THEREFORE, BE IT ORDAINED 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 of Section 3-2. Subsection A. of Section 3-2 of the
City of Ocoee Land Development Code is hereby amended to read as follows with underlines
showing additions and strikethroughs showing deletions:
SECTION 3.2 -PLANNING AND ZONING COMMISSION.
A. Establishment and Membership.
The Planning and Zoning Commission shall consist of five (5) members and one (1) alternate
appointed by the City Commission, and one (1) additional member appointed by the School
Board of Orange County as a non-voting member. The member appointed by the School Board
of Orange County shall attend those meetings at which the Planning and Zoning Commission
considers comprehensive plan amendments and rezonings that would, if approved, increase
residential density on the property that is the subject of the application. No member shall be an
employee of the City of Ocoee and all members, except the member appointed by the School
Board of Orange County, shall be a resident of the City of Ocoee. When selecting members to
the five (5) member Planning and Zoning Commission, the Mayor and each member of the
City Commission shall each nominate up to two (2) members who meet the above
qualifications so as to create geographical diversity and representation. From the nominees, the
Mayor and each City Commissioner shall appoint six (6) five (5) members to comprise the
Planning and Zoning Commission. The highest ranked five (5) nominees will comprise the five
(5) member Planning and Zoning Commission and the sixth highest ranked nominee will be
the one (1) alternate member. The alternate member shall attend all meetings, shall be counted
towards a quorum, may participate in any item where the alternate has no voting conflict, and,
when necessary, will vote in the place of any absent or disqualified board member on an
individual item.
Subsequent vacancies on the Planning and Zoning Commission shall be filled by majority vote
of the City Commission from the candidates nominated by the Mayor and City Commissioners.
The Mayor and each member of the City Commission may nominate up to two (2) nominees
each in the event of a vacancy. Establishment and Membership.
All other provisions of Section 3.2, City of Ocoee Land Development Code,
remain unchanged by this amendment.
SECTION 3. 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 4. Codification. It is the intention of the City Commission of the
City that the provisions stated in 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 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 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2019
READ FIRST TIME ,2019
READ SECOND TIME AND ADOPTED
,2019 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2019.
SHUFFIELD, LOWMAN & WILSON
By:
City Attorney