2020-019 Public School Facility ElementORDINANCE NO. 2020-019
DOC # 20200530919
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Philp Diamond, ond, Comptroller
Orange County IpL
Patt'%: CSC. INC
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY
OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED;
AMENDING THE PUBLIC SCHOOL FACILITY ELEMENT, OBJECTIVE 1.3,
POLICY 1.3.1, OF THE OCOEE COMPREHENSIVE PLAN TO AMEND THE
PUBLIC SCHOOL FACILITY ELEMENT, UPDATING LANGUAGE TO REQUIRE
THE CITY TO SEEK INPUT FROM ORANGE COUNTY PUBLIC SCHOOLS
RELATING TO SCHOOL CAPACITY WHERE A DEVELOPER -INITIATED
COMPREHENSIVE PLAN AMENDMENT OR REZONING WILL INCREASE
RESIDENTIAL DENSITY, REMOVING THE REQUIREMENT FOR A CAPACITY
ENHANCEMENT AGREEMENT; PROVIDING FOR TRANSMITTAL;
AUTHORIZING THE REVISION OF THE CITY COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (City) has adopted the City's
Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Part II, Chapter 163, Florida Statutes, sets forth procedures and
requirements for a local government to adopt a comprehensive plan and amendments to
the comprehensive plan; and
WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a public hearing on August 11, 2020, to consider the
proposed amendment to the comprehensive plan; and
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on August 18, 2020,
the City Commission conducted a public hearing to consider the transmittal of the
amendment to the City's Comprehensive Plan and, after consideration of public comments,
authorized its transmittal pursuant to Section 163.3184(3), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true
and correct and incorporated herein by this reference.
20200530919 Page 2 of 4
Section 2. 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 3. Amendment to Comprehensive Plan. Objective 1.3, Policy 1.3.1 of
the City of Ocoee Comprehensive Plan is hereby amended as follows with strikethrou
showing deletions and underline showing new language:
Objective 1.3, Policy 1.3.1:
The Gity shall not appFeve When reviewing a developer -initiated Comprehensive
Plan amendment or rezoning that would ^�wise -increase residential density on
property thatis not E)therwise vested. the City shall seek input from until SuGh ti as
OCPS has-ueterm*nea as to whether sufficient school capacity will exist concurrent with
the development, If
OCPS indicates there is insufficient capacity in the affected schools, the City may take
into consideration the severity of the overcrowding and the timing of the availability of the
needed capacity to accommodate the proposed development when deciding whether to
approve or deny the requested Comprehensive Plan amendment or rezoning.
Section 4. Transmittal. The City Clerk is hereby authorized to transmit the
required copies of the amendments to the City's Comprehensive Plan to the parties as
required pursuant to Section 163.3184(3)(b), Florida Statutes. Following transmittal the
ordinance will be considered for final adoption. Following final adoption, the City
Development Services Director is authorized to revise the City of Ocoee Comprehensive
Plan in accordance with the provisions of this Ordinance.
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 following
adoption and in accordance with the provisions stated in Section 163.3184(3)(c), Florida
Statutes.
Signatures on Following Page
20200530919 Page 3 of 4
PASSED and APPROVED on this 4
_& day of , 2020.
APPROVED:
TTE T: OF OC E, FLORIDA
Melanie Sibbitt, Gity Clerk Rusty Johnson, Mayor
(SEAL) .
ADVERTISED,Se 0f-em%�r -o V--,,-o_70a0
READ FIRST TIME •C�K, �rs�f /F_1 2020.
READ SECOND TIME AND ADOPTED
r did ,l- & , 2020, UNDER
GENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this6�,' day of r,70T-- , 2020.
SHUFFIELD, LOWMAN & WILSON, P.A.
Az
20200530919 Page 4 of 4
Exhibit A
Text Amendment
Objective 1.3, Policy 1.3.1:
The City shall not appFeve When reviewing a developer -initiated Comprehensive
Plan amendment or rezoning that would otherwise —increase residential density on
property that asnot ethen•^ce vested, the City shall seek input from Until Gh tome as
OCPS has determined as to whether sufficient school capacity will exist concurrent with
the development_ — n nnnanity enhannoment agreement is exeG tee that provides Fi+r If
OCPS indicates there is insufficient capacity in the affected schools, the City may take
into consideration the severity of the overcrowding and the timing of the availability of the
needed capacity to accommodate the proposed development when deciding whether to
approve or deny the requested Comprehensive Plan amendment or rezoning.