2010-013 Amending the Comprehensive Plan (EAR)
RESOLUTION NO. 2010-013
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ADOPTING THE EVALUATION AND APPRAISAL
REPORT FOR THE CITY OF OCOEE COMPREHENSIVE
PLAN; STATING THE INTENT OF THE CITY
COMMISSION TO AMEND THE COMPREHENSIVE
PLAN BASED UPON RECOMMENDATIONS CONTAINED
IN THE REPORT; AND APPROVING THE TRANSMITTAL
OF THE REPORT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS IN ACCORDANCE WITH
SECTION 163.3191, FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
(the "Ocoee City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to
Chapter 163, Florida Statutes, as set forth in Ordinance No. 91-28, which has been amended
from time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, under Section 163.3191 of the Florida Statutes, the City has the
responsibility to periodically adopt an Evaluation and Appraisal Report to assess the progress of
implementing the Ocoee Comprehensive Plan and evaluate the Ocoee Comprehensive Plan in
effect at the time the Evaluation and Appraisal Report process was initiated; and
WHEREAS, in satisfaction of this requirement, the City has prepared the
Evaluation and Appraisal Report for the City of Ocoee Comprehensive Plan attached hereto as
Exhibit "A" and by this reference made a part hereof (the "EAR"); and
WHEREAS, on September 14, 2010, the City of Ocoee Planning and Zoning
Commission, acting as the City's designated Local Planning Agency, at an advertised public
hearing providing for participation by the public in the process in accordance with the
requirements of state law, recommended adoption of the EAR to the Ocoee City Commission;
and
WHEREAS, on September 21,2010, the Ocoee City Commission held an
advertised public hearing providing for public participation in the process in accordance with the
requirements of state law in order to obtain public comment regarding the EAR; and
WHEREAS, the Ocoee City Commission has considered all oral and written
comments received during the public hearings, including the recommendations of the Local
Planning Agency; and
ORLA_1613856.1
WHEREAS, the Ocoee City Commission desires to adopt the EAR in
compliance with Section 163.3191 of the Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
SECTION 2. Authoritv. The Ocoee City Commission has the authority to adopt
this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter
163 and Chapter 166, Florida Statutes.
SECTION 3. Adoption of the EAR. The Ocoee City Commission hereby
adopts the EAR to allow for amendment to the Ocoee Comprehensive Plan.
SECTION 4. Intent to Anmend the Conmprehensive Plan. The Ocoee City
Commission hereby states its intention to amend the Ocoee Comprehensive Plan in accordance
with the recommendations set forth in the EAR.
SECTION 5. Transnmittal of the EAR. The Ocoee City Commission hereby
designates the Development Services Director as the designee of the City Commission to
transmit the adopted EAR to the Department of Community Affairs pursuant to the requirements
of Section 163.3191, Florida Statutes, and Rule 9J-ll.018, Florida Administrative Code for a
determination of sufficiency.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution 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.
ORLA_1613856.1
-2-
EXHIBIT "A"
Evaluation and Appraisal Report
ORLA_1613856.1
-4-
SECTION 7. Conflict. All Resolutions and parts of Resolutions in conflict
herewith are hereby repealed.
SECTION 8. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this.2L day of September, 2010.
ATTEST:
~ J.:u0f
~~~l",.tb.:~ ~ity Clerk (Adi~
I of &i bA:>, l"'t
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
thisaL day of September, 2010.
FOLEY & LARDNER LLP
By: (jJ ~ tJ.
City Attorney
ORLA_1613856.1
APPROVED:
CITY OF OCOEE, FLORIDA
5~~Llj), A
s. Sco Vandergrift, Mayo~
ADVERTISED: ~4'" ~ 2JJ 1(;
APPROVED BY T OCOE CITY
COMMISSION ON:~f ~' 2010
UNDER AGENDA ITE NO.
-3-