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Ordinance 2010-035 Text Amendments 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 (# (q , 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 —; rovided howeve th at for the urposes of im•le enti • th- re•uir-m-nt of his c•m•reh- sive •lan fl.od•1.in ma a so be determined based on draina . e basin studies undertake b the Ci an. a • prov - d b the City Commission. The to ation of floodplains shown on various maps within this com• ehensive • an ar- sub'ect to s.eci is delin- at'.n on a sit- b s'te b• is as •rovi•ed 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. he C ma also .rotect the natural ction of t e 100- -ar floodplains ide of e • in drai a! e basin studi - s de . en . the i . d a.. r. ved • 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. 11. 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 and Planning and Zoning Commission mooting 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, rcad 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) Noticcs of upcomi ' • - • •. - : ' • - - • • • • - (5) (6) All So lon• as the Ci continues to operate OGTV all City Commission and Local Planning Agencypublic hearings afe- 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 to day of ©'Q D bex , 2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA L Be ikenberry, City Cler �, S. Scott Vandergrift, Mayo (SEAL) FOR USE AND RELIANCE ONLY BY TRANSMITTAL PUBLIC HEARING THE CITY OF OCOEE, FLORIDA ADVERTISED: 1, 2010 APPROVED AS TO P RM AND HELD ON: a1, 2010 UNDER LEGALITY THIS I "' DAY OF AGENDA ITEM NO. keA b 0( i) , 2010 ADOPTION PUBLIC HEARING FOL Y ' s & L . ' 1N R LLP ADVERTISED: CX! c ' '3_, 2010 HELD ON: E 2010 UNDER / B / �.�.' AGENDA ITEM NO. \ .� City Attorney ORLA_1613923.1 -5-