Item 19 Second Reading of Ordinance for the Comprehensive Plan Amendment (CIE)
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 17, 2023
Item #: 19
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Second Reading of Ordinance for the Comprehensive Plan Amendment - Adoption of
the Five-Year Schedule of Capital Improvements and Update of the Capital Improvements
Element, Project No. CPA-2022-004. (Zoning Manager Whitfield)
Background Summary:
The First Reading on this item was held on December 6, 2022.
Section 163.3177(3)(a), F.S., requires that each local government Comprehensive Plan contains a Capital
Improvements Element (CIE) designed to consider the need for, prioritization and location of public facilities in
order to encourage the efficient use of such facilities as development occurs within the city. The CIE is
required to include a Schedule of Capital Improvements (Schedule) incorporating publicly and privately funded
projects necessary to ensure that the adopted level of service standards is achieved and maintained. The
schedule shall cover at least a 5-year period. Section 163.3177(3)(b), F.S., requires that the City review,
modify and update the Schedule and Capital Improvements Element on an annual basis. This annual update
may be accomplished by ordinance and may not be deemed to be an amendment to the local comprehensive
plan under Section 163.3184, F.S.
Capital Improvements Element Policy 1.5 states that the City shall continue, in conjunction with the annual
process for the preparation of the operating budget, to prepare/update and adopt a five-year capital
improvements program (CIP) in accordance with the timeline and priorities set forth in that Policy as well as
Policies 1.1, 1.2 and 1.3. Pursuant to these policies, the City has reviewed its existing public services and
facilities and future needs over the next five (5) years and prepared a five-year capital improvement plan and
budget. The City conducted two (2) advertised public hearings to consider the budget and the proposed
improvements. The adoption public hearing was held on September 21, 2022. After consideration of public
comments, the City Commission adopted the FY 22/23 Budget and Schedule of Capital Improvements at its
September 21, 2022, public hearing.
This ordinance proposes to amend the Capital Improvements Element to incorporate the capacity capital
improvements from the adopted Five-Year Schedule of Capital Improvements and, as such, does not propose
any new projects or improvements not previously reviewed and approved by the Ocoee City Commission. This
amendment is applicable city-wide, and thus, no maps are included in the staff report.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Issue:
Should the City Commission approve the amendment to the Capital Improvements Element and update of the
Five-Year Schedule of Capital Improvements for Fiscal Years 2022/23 through 2026/27 within the City’s
Comprehensive Plan in accordance with Section 163.3177(3), Florida Statutes (F.S.) and Policy 1.5 of the
Capital Improvements Element?
Recommendations:
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) considered this amendment at its November 8, 2022, hearing
and voted unanimously to recommend approval of the amendment to the Capital Improvements Element and
update of the Five-Year Schedule of Capital Improvements for Fiscal Years 2022/23 through 2026/27 within
the City’s Comprehensive Plan in accordance with Section 163.3177(3), Florida Statutes (F.S.) and Policy 1.5
of the Capital Improvements Element.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve the amendment to the Capital
Improvements Element and update of the Five-Year Schedule of Capital Improvements for Fiscal Years
2022/23 through 2026/27 within the City’s Comprehensive Plan in accordance with Section 163.3177(3),
Florida Statutes (F.S.) and Policy 1.5 of the Capital Improvements Element.
Attachments:
1. Ordinance
2. Advertisement
Financial Impacts:
No financial impacts anticipated.
Type of Item: Second Reading
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ORDINANCE NO. 2023-
(Amendment to Capital Improvements Element
of the Comprehensive Plan and Update of the
Five-Year Schedule of Capital Improvements)
CASE NO. CPA-2022-004
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED, IN ORDER TO COMPLY WITH SECTION 163.3177(3),
FLORIDA STATUTES; AMENDING THE CAPITAL IMPROVEMENTS
ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the “Ocoee City Commission”)
adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes
(F.S.), which has been amended from time to time (the “Comprehensive Plan”); and
WHEREAS, pursuant to Section 163.3177(3)(a), F.S., the Comprehensive Plan shall
contain a Capital Improvements Element designed to consider the need for and the location of
public facilities in order to encourage the efficient use of such facilities and to include, at a
minimum, a five-year schedule of capital improvements which include publicly and privately
funded improvements; and
WHEREAS, pursuant to Section 16.3177(3)(b), F.S., the Capital Improvements Element,
to include the Five-Year Schedule of Capital Improvements, must be reviewed and updated
annually, and such update may be accomplished by ordinance and may not be deemed to be
amendments to the local comprehensive plan; and
WHEREAS, pursuant to Section 166.041(3), F.S., on November 8, 2022, the Planning
and Zoning Commission held an advertised and publicly noticed public hearing to consider the
amendment to the Capital Improvements Element to update the Five-Year Schedule of Capital
Improvements; and
WHEREAS, following advertisement and a duly noticed public hearing on the
Ordinance, on January 17, 2023, the Ocoee City Commission, in good faith, determined that this
Ordinance is in the best interest of the City and its residents and approved the amendment to the
Capital Improvements Element to update the Five-Year Schedule of Capital Improvements.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee 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.
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SECTION 2. AMENDMENT OF THE COMPREHENSIVE PLAN. The Ocoee
City Commission hereby amends the Capital Improvement Element of the Comprehensive Plan
as set forth in Exhibit “A” attached hereto and by this reference made a part hereof, with
underlines representing additions and strike-throughs representing deletions.
SECTION 3. TRANSMITTAL. The City Clerk is hereby authorized to transmit the
required copies of the amendment to the City’s Capital Improvements Element of the
Comprehensive Plan to the Florida Department of Economic Opportunity in accordance with
Section 163.3177(3), F.S.
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
immediately upon passage and adoption.
PASSED AND ADOPTED this _______ day of ________________________, 2023.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE CITY
OF OCOEE, FLORIDA; APPROVED AS TO FORM
AND LEGALITY
this ______ day of _____________________, 2023.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
ADVERTISED _________________, 2023
READ FIRST TIME ____________, 2023.
READ SECOND TIME AND ADOPTED
______________________________, 2023.
UNDER AGENDA ITEM NO. _____
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EXHIBIT “A”
The Capital Improvements Element is hereby amended as follows:
CITY OF OCOEE
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
***
IV. GOALS, OBJECTIVES, AND POLICIES
***
Policy 1.5: The City shall continue, in the conjunction with the annual process for preparation of
the operating budget, to prepare/update and adopt a Five-Year Schedule of Capital
Improvements, the first year of which shall be the annual capital portion of the adopted budget.
The following criteria shall be followed in developing and updating the Schedule:
A. The timetable for preparation shall be similar to that used for the preparation of the
annual budget so that financial resources available for capital projects can be identified,
implications of planned capital projects on the operating budget can be reflected.
B. The Schedule (and the process for its update) shall conform to this plan, including
specifically, but not limited to, the level of service standards, the implementation of
projects identified in the various elements, the criteria for evaluating projects, and the
criteria for establishing project priorities.
C. This Element shall be reviewed at least annually in conjunction with the update of the
CIP and shall be updated as needed to remain consistent with new information.
D. The limitation on the use of revenue bonds as a percentage of total debt.
E. The maximum ratio of total debt service and outstanding capital indebtedness to total
revenue and property tax base. The City of Ocoee will manage its outstanding debt by
limiting outstanding capital debt to a 1:10 ratio of total annual debt service to total annual
City revenues.
Policy 1.6: Pursuant to Section 163.3177(3)(b), F.S., amendments to the Five-Year Schedule of
Capital Improvements may be accomplished by ordinance and may not be deemed to be
amendments to the Comprehensive Plan. Tables 6a through 6d6 represent reflects the
capacity capital improvements from the City’s currently adopted Fiscal Year 20212/20267 Five-
Year Schedule of Capital Improvements, as adopted by the Ocoee City Commission on
September 22, 2021September 21, 2022, to maintain the adopted levels of service standards
for parks and recreation, stormwater, transportation and water and sewer utilities.
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Table 6a. Parks & Recreation [Table 6a stricken in its entirety.]
Table 6b. Stormwater/Drainage [Table 6b stricken in its entirety.]
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Table 6c. Transportation [Table 6c stricken in its entirety.]
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Table 6d. Utilities [Table 6d stricken in its entirety.]
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Table 6d. Utilities (Continued)
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