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AGENDA ITEM COVER SHEET
Meeting Date: October 19, 2010
Item # 13
Reviewed By:
Contact Name: Craig Shadrix Department Director:
Contact Number: X 1081 City Manager:
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Subject: Ordinance 2010 -035: Adoption of a Large -Scale Comprehensive Plan Amendment
For Text Amendments
CPA - 2010 -007
Background Summary:
The City has initiated this amendment to the Comprehensive in order to (i) amend the definition of floodplains in
order to allow an alternative basis for determining the location of 100 -year flood plains for the purposes of
implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of
the Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the
Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on
comprehensive plan amendments.
An ORC report on the proposed comprehensive plan amendment has not yet been received. If the City were to
defer adoption until such time as the ORC report is received, the adoption date would likely be after the
November 2 election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is
uncertain. Since comprehensive plan amendments may be adopted once proposed amendments have been
transmitted to DCA, City Staff recommends that the City Commission adopt the large scale comprehensive plan
amendment. This will allow the Comprehensive Plan Amendment to be adopted prior to the November 2
election.
Issue:
Should the Honorable Mayor and City Commissioners consider the adoption of Ordinance 2010 -035 to approve
a Large Scale Comprehensive Plan Amendment which will (i) amend the definition of floodplains in order to
allow an alternative basis for determining the location of 100 -year flood plains for the purposes of implementing
the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the
Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the Public
Participation Procedures Element regarding procedures for noticing and conducting public hearings on
comprehensive plan amendments.
Recommendations
Planning and Zoning Commission:
The proposed comprehensive plan amendments were reviewed at a public hearing by the Planning & Zoning
Commission acting as the Local Planning Agency (LPA) on September 14, 2010. The LPA recommend
approval to: (i) amend the definition of floodplains in order to allow an alternative basis for determining the
location of 100 -year flood plains for the purposes of implementing the requirements of the Ocoee
Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation Element in order to conform
to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding
procedures for noticing and conducting public hearings on comprehensive plan amendments.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt Ordinance 2010 -035 to approve a
Large Scale Comprehensive Plan Amendment which will (i) amend the definition of floodplains in order to allow
an alternative basis for determining the location of 100 -year flood plains for the purposes of implementing the
requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation
Element in order to conform to the amended definition of floodplains, and (iii) amend the Public Participation
Procedures Element regarding procedures for noticing and conducting public hearings on comprehensive plan
amendments.
Attachments:
Ordinance 2010 - 035
Financial Impact:
None
Type of Item: (please mark with an "x')
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
ORDINANCE NO. 2010-035
CASE NO. CPA - 2010 -007:
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING THE OCOEE COMPREHENSIVE PLAN AS
ADOPTED IN 1991, AS AMENDED, BY AMENDING THE
DEFINITION OF FLOODPLAINS, BY AMENDING
OBJECTIVE 3 OF THE CONSERVATION ELEMENT
WITH RESPECT TO FLOODPLAINS AND BY AMENDING
THE PUBLIC PARTICIPATION ELEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR 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, the City has initiated this amendment to the Ocoee Comprehensive
Plan (the "Amendment ") in order to (i) amend the definition of floodplains in order to allow an
alternative basis for determining the location of 100 -year flood plains for the purposes of
implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the
Section IV of the Conservation Element in order to conform to the amended definition of
floodplains, and (iii) amend the Public Participation Procedures Element regarding procedures
for noticing and conducting public hearings on comprehensive plan amendments; and
WHEREAS, on September 14, 2010 the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing recommended
transmittal of the Amendment to the Florida Department of Community Affairs; and
WHEREAS, the Ocoee City Commission held advertised public hearings on
September 21, 2010 and on , 2010 in order to obtain public comment
regarding the proposed Amendment; 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
WHEREAS, the Ocoee City Commission desires to adopt the Amendment with
such changes thereto as the City Commission deems appropriate.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA_1613923 1 -1-
Section 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference.
Section 2. 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 Chapter 163
and Chapter 166, Florida Statutes.
Section 3. The Ocoee City Commission hereby amends the list of "Definitions" as
follows:
(i) The definition of "Floodplains" is hereby amended to read as follows: "Areas
inundated during a 100 -year flood event or identified by the National Flood Insurance
Program as an A, AE, AH, AO, AR, A99, V, and VE zones on Flood Insurance Rate
Maps or Flood Hazard Boundary Maps —; provided, however, that for the purposes of
implementing the requirements of this comprehensive plan, floodplains ma also be
determined based on draina•e basin studies undertaken b the Cit and a..roved b the
City Commission. The location of floodplains shown on various maps within this
comprehensive plan are sub'e t to s.ecific delineation on a site b site basis as .rovided
in Policy 5.6 of the Future Land Use Element."
Section 4. Amendment to the Conservation Element. The Ocoee City Commission
hereby amends Objective 3 of the Goals, Objectives and Policies of the Conservation Element of
the Ocoee Comprehensive Plan as follows:
"The City shall protect the natural functions of the 100 -year floodplains as prescribed by
FEMA and/or Orange County so that the flood - carrying and flood storage capacity are
maintained. The Cit ma also .rot -ct the natural functions of the 100- ear floodplains
identified in draina. e basin studies undertaken by the City and annroved by the Ci
Commission. This Objective shall be implemented by the following policies (Chapter
187.201, 8(b)(8); 9J- 5.013(2)(c)(6), FAC; ECFRPC Policies 4.14, 4.15 & 4.16)."
Section 5. Amendment to the Public Participation Element. The Ocoee City
Commission hereby amends the Public Participation Element of the Ocoee Comprehensive Plan
as follows:
PUBLIC PARTICIPATION PROCEDURES
I. BACKGROUND INFORMATION
The Florida State Legislature has recognized the need for public participation in the
comprehensive planning process in Chapter 163.3181, Florida Statutes (FS). This Chapter
requires that local governments encourage the public to participate to the fullest extent
possible in the comprehensive planning process. In particular, the Legislature has directed
local planning agencies and municipalities to adopt procedures for notifying property
owners of any official actions which will regulate the use of their property. The
ORLA_1613923.1 -2-
procedures identified in Chapter 163.3181 and in Rule 9J- 5.004, Florida Administrative
Code (FAC), are the minimum standards for public participation procedures to be
adopted by local governments.
II. PUBLIC PARTICIPATION PROCEDURES
The following procedures will encourage meaningful and effective public participation in
the Ocoee Evaluation and Appraisal Report process and are consistent with Chapter
163.3181, FS, and Rule 9J- 5.004, FAC. The advances of technology over the past decade
have enabled Ocoee to reach more of its Citizens. Ocoee is one of the few cities to have
its own television station. Ocoee Government TV (OGTV) is currently broadcasted 24
hours a day and televises City Commission :.- : •, . • - _ •. • - _ - • • :
mccting meetings live. OGTV gives citizens the opportunity to participate in the public
hearing process with even out without leaving their homes via e-mail or telephone.
Questions are forwarded to the Commission, road into made part of the record and
answered during the public hearing. The City's web site also gives citizens access to City
happenings 24 hours a day.
A. Overview. The following procedures are designed to facilitate the public
participation process in Ocoee:
(1) A regular mailing list for interested persons.
(2) A representative advisory group to evaluate draft reports.
(3) A newsletter published at regular intervals.
(4) News releases to the media.
(5) (6) All So ion! as the it continues to o sera - OGTV all City Commission and
L Pl i n g public hearings ace-involving comprehensive plan amendment
will be televised live. Viewers may call or e-mail questions to City Hall during City
Commission public hearings and have their questions answered during the public hearing.
In addition, notice of the hearing will be broadcasted on the City of Ocoee's Government
Channel throughout the day.
(6) (7) Notice of public hearings will be posted on the City of Ocoee's web site.
B. Mailing List. The City will maintain a comprehensive mailing list of interested
parties and provide written notification of plan amendments prior to the public hearings.
The mailing list will include all interested parties: citizens, community groups, residents,
homeowner associations and business owners /leaders.
C. Participation. The City will create a participation process that is accessible,
efficient, understandable, and financially feasible.
ORLA_1613923.1 -3-
(1) Interested residents and business owners may all participate by speaking at
meetings and public hearings, contacting staff, being on the mailing list, submitting
written comments or by e -mail.
(2) The City will vary presentation techniques to capture the greatest audience (oral
presentations, written reports, visual displays, etc.).
(3) The City will provide information, research, and policy alternatives so that
participants in the process may comfortably understand.
(4) The City will provide copies of requested information to the participants at a
reasonable cost and time considering the nature of the request.
D. Information. To ensure that the public is informed about the planning process, the
City will distribute information and collect information about Plan Amendments as
outlined below.
(1) Advertisements of public hearings will be placed in the Orlando Sentinel and/or
the West Orange Times.. -, or another newspaper of general circulation in the City of
Ocoee.
(2) Workshop and public hearing notices will be posted at City Hall and the City's
web site.
(3) Draft copies of the Amendments will be distributed to the City Commission and
the Local Planning Agency before joint workshops or public hearings.
(4) Draft copies of the Amendments will be posted on the City's web site prior to the
public hearings.
III. FORMAL HEARINGS
After the final draft of the staff report is complete, the Local Planning Agency (Planning
and Zoning Commission) will hold a public hearing on the Amendment At that meeting,
the Local Planning Agency will discuss whether the Amendment is consistent with State
requirements and local concerns. If a majority vote of the Local Planning Agency
members finds the Amendment consistent, then they will send the Amendment to the City
Commission with a recommendation to transmit the Amendment to the Department of
Community Affairs. After the Local Planning Agency makes its recommendation to the
City Commission, the City Commission will conduct formal public hearings to complete
the process, as required by Section 163.3184 (15), Florida Statutes.
ORLA 1613923.1 -4-
Section 6. Public Participation Procedures. The Ocoee City Commission hereby finds
that the Amendment has been adopted in conformity with the Public Participation Procedures set
forth in Section 10 of the Ocoee Comprehensive Plan.
Section 7. Transmittal of Adopted Amendment. The Ocoee City Commission hereby
designates the Development Services Director as the designee of the City Commission to
transmit the adopted Amendment pursuant to the requirements of Section 163.3184(7), Florida
Statutes.
Section 8. 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 9. Effective Date. This Ordinance shall become effective on the tenth (10` day
after passage and adoption.
PASSED AND ADOPTED this day of , 2010.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY TRANSMITTAL PUBLIC HEARING
THE CITY OF OCOEE, FLORIDA ADVERTISED: , 2010
APPROVED AS TO FORM AND HELD ON: , , 2010 UNDER
LEGALITY THIS DAY OF AGENDA ITEM NO.
, 2010
ADOPTION PUBLIC HEARING
FOLEY & LARDNER LLP ADVERTISED: , 2010
HELD ON: , 2010 UNDER
By: AGENDA ITEM NO.
City Attorney
ORLA_1613923.1
-5-
Copy of Advertisement that ran in the print media)
Date Published and Media Name
Advertisement or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
LARGE SCALE COMPREHENSIVE
PLAN TEXT AMENDMENT
CPA - 2016-007
NOTICE IS HEREBY given that the OCOEE
CITY COMMISSION will consider adopting
an Ordinance Thereby adopting Com-
prehensive Plan Amendments related
to a large scale text amendment to the
Ocoee Comprehensive Plan in order to
Si) amend the definition of floodplains
in order to allow an alternative basis
for determining the location of 100-
. year flood plains for the purposes of
implementing the requirements of the
Ocoee Comprehensive Plan, (ii)
amend Objective 3 of the Section IV of
the Conservation Element In order to
conform to the amended definition of
floodplains, and (iii) amend the Public
Participation Procedures Element re-
garding procedures for noticing and
conducting public hearings on compre-
hensive plan amendments.
The OCOEE CITY COMMISSION will hold
c
scaleamendment on
19, 2010 AT 795 PM or as soon thereafter
as practical. The public hearing will
be held in the City Hall Commission
Chambers located at 150 North Lake-
shore Drive, Ocoee.
AN ORDINANCE THE THE COMPREHENSIVE
PLAN AS ADOPTED IN 1991, AS AMENDED, BY
AMENDING THE DEFINITION OF FLOOOPLAINS,
BY AMENDING OBJECTIVE 3 OF THE CONSER-
VATiON ELEMENT WITH RESPECT TO FLOOD-
PLAINS AND BY AMENDING THE PUBLIC PAR-
TICIPATION ELEMENT' PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR AN EFFECTIVE DATE
Interested parties may appear at the
public hearing and be heard•with re-
spect to the proposed actions above.
The complete case file may be inspect-
ed at the Ocoee Development Services
Department /Planning Division located
at 150 North Lakeshore Drive, Ocoee,
Florida between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Fri-
day, except legal holidays. -
The City Commission may continue
these public hearings to other dates
and times as it deems necessary. Any
interested party shall be advised of
the dates, times, and places of any
continuation of these or continued pub-
lic hearings shall be announced during
the hearing and no further notices re-
garding these matters will be pub-
lished. You are advised that any per-
son who desires to appeal any decision
made at the public hearings will need
a record of the proceedings and for
this purpose may need to ensure that a
verbatim record of the proceedings is
mode which includes the testimony
and evidence upon which the appeal is
based. Persons with disabilities need-
ing assistance to participate in any of
these proceedings should contact the
City Clerk's Office 48 hours in advance
of the meeting at 407-905-3105.
Beth Eikenberry, City Clerk
rnpinonn4 10/07/2010
L�- C
Copy of Advertisement (that ran in the print media)
Date Published and Media Name
Th October 7, 2010 The West Orange Times 3C
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT
CPA- 2010 -007
NOTICE IS HEREBY given that the OCOEE CITY COMMISSION will
consider adopting an Ordinance thereby adopting Comprehensive Plan
Amendments related to a large scale .text amendment to the Ocoee Com-
prehensive Plan in order to (i) amend the definition of floodplains in or-
der to allow an alternative basis for determining the location of 100 -year
flood plains for the purposes of implementing the requirements of the
Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the
Conservation Element in order to conform to the amended definition of
floodplains, and (iii) amend the Public Participation Procedures Element
regarding procedures for noticing and conducting public hearings on com-
prehensive plan amendments.
The OCOEE CITY COMMISSION will hold a public hearing on the pro-
posed large scale amendment on TUESDAY, OCTOBER 19, 2010 AT 7:15
PM or as soon thereafter as practical. The public hearing will be held in
the City Hall Commission Chambers located at 150 North Lakeshore Drive,
Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMEND-
ING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED, BY AMENDING THE DEFINITION OF FLOODPLAINS,
BY AMENDING OBJECTIVE 3 OF THE CONSERVATION. ELEMENT
WITH RESPECT TO FLOODPLAINS AND BY AMENDING THE PUB-
LIC PARTICIPATION ELEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with
respect to the proposed actions above. The complete case file may be in-
spected at the Ocoee Development Services Department /Planning Division
located at 150 North Lakeshore Drive, Ocoee, Florida between the hours
of 8:00 a.m. and 5:00 p.nl;., Monday through Friday, except legal holidays.
The City Commission may continue these public hearings to other dates
and times, as it deems necessary. Any interested party shall be advised of
the dates, times, and places of any continuation of these or continued pub-
lic hearings shall be announced during the hearing and no further notices
regarding these matters will be published. You are advised that any person
who desires to appeal any decision made at the public hearings will need a
record of the proceedings and for this purpose 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 disabilities
needing assistance to participate in any of these proceedings should contact
the City Clerk's Office 48 hours in advance of the meeting at 407-905 -3105.
October 7, 2010 10 -4954W