2011-010 Large Scale Comprehensive Plan - Text Amendments ORDINANCE NO. 2011-010
CASE NO. CPA - 2010 -007:
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RESCINDING ORDINANCE NO. 2010 -035; 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; REPEALING
INCONSISTENT ORDINANCES; 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 ( "DCA "); and
WHEREAS, the Ocoee City Commissiqn held vertised public hearings on
September 21, 2010, on October 19, 2010 and on I , 2011 in order to obtain
public comment regarding the proposed Amendment; and
WHEREAS, on October 19, 2010, the Ocoee City Commission adopted the
proposed Amendment by Ordinance No. 2010 -035, notwithstanding having not received an
Objections, Recommendations and Comments Report for the proposed Amendment from DCA;
and
WHEREAS, on November 1, 2010, the City transmitted the adopted Amendment
to DCA; and
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WHEREAS, on November 1, 2010, the City transmitted the adopted
Amendment to DCA; and
WHEREAS, on November 8, 2010, the DCA returned the Amendment package
as prematurely adopted ; and
WHEREAS, the City wishes to rescind Ordinance No. 2010 -035 so that it may
readopt the Amendment pursuant to DCA's request; 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 COMMLSSION
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. 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. Rescission of Ordinance. Ordinance No. 2010 -035 is hereby repealed and
rescinded.
Section 4. 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 zone or V zone 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 may also be determined based
on drainage basin studies undertaken by the City and approved by the City
Commission. The location of floodplains shown on various maps within this
comprehensive plan are subject to specific delineation on a site by site basis as
provided in Policy 5.6 of the Future Land Use Element."
Section 5. 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:
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"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 City may also protect the natural functions of the 100 -year
floodplains identified in draina ' e basin studies undertaken by the City and approved r
the City 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 6. 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
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 and Planning and Zoning GeffililiSSiefl
meeting 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, r ad 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.
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(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 long as the City continues to operate OGTV, all City Commission
and Local Planning Agency public hearings are involving comprehensive plan
amendment will be televised live. Viewers may call o 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.
(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.
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(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.
Section 7. 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 8. Transmittal of Adopted Amendment. The Ocoee City Commission
hereby designates the City Planner as the designee of the City Commission to transmit the
adopted Amendment pursuant to the requirements of Section 163.3184(7), Florida Statutes.
Section 9. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed and rescinded.
Section 10. 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 11. Effective Date. This Ordinance shall become effective on the tenth
(10` day after passage and adoption. nn (
PASSED AND ADOPTED this t I day of U 6 , 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
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iI � (-5 Sit t2A..„(,
Beth Eikenberry, City Clerk
A S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY TRANSMITTAL PUBLIC HEARING
THE CITY OF OCOEE, FLORIDA ADVERTISED: September 9, 2010
APPROVED AS TO ORM AND HELD ON: September 21, 2010 UNDER
LEGALj[Y THIS 1 DAY OF AGENDA ITEM NO. 19B
�V� , 2011
ADOPTION PUBLIC C HEARING
FOLE ' LA 1 NE LLP ADVERTISED: Jk ( 1, 2011
f r / HELD ON: �u( (9 , 2011 UNDER
By: . Al%mi AGENDA ITEM NO
City Attorney
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