2018-021 Planning and Zoning Commission Amendment - LDC ORDINANCE NO. 2018-021
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING SECTION 3-2 OF THE CITY OF OCOEE LAND
DEVELOPMENT CODE, RELATING TO THE PLANNING AND
ZONING COMMISSION; PROVIDING FOR A FIVE (5) MEMBER
PLANNING AND ZONING COMMISSION: PROVIDING FOR A
METHOD BY WHICH MEMBERS WILL BE APPOINTED BY
THE MAYOR AND CITY COMMISSIONERS; AMENDING THE
DUTIES OF THE PLANNING AND ZONING COMMISSION;
AMENDING SUBSECTION 4-3C AND PARAGRAPH 4-4G(3) OF
THE CITY OF OCOEE LAND DEVELOPMENT CODE TO
REMOVE FINAL SITE PLAN AND FINAL SUBDIVISION PLAN
REVIEW FROM THE JURISDICTION OF THE PLANNING AND
ZONING COMMISSION; AMENDING SECTION 4-9 OF THE
CITY OF OCOEE LAND DEVELOPMENT CODE AND SECTION
34-39 OF THE CITY OF OCOEE CODE OF ORDINANCES TO
ALLOW PLANNING AND ZONING COMMISSION TO
CONSIDER MATTERS PREVIOUSLY UNDER THE
JURISDICTION OF THE BOARD OF ADJUSTMENT;
AMENDING SECTION 3-3 OF THE CITY OF OCOEE LAND
DEVELOPMENT CODE, DISSOLVING THE CITY OF OCOEE
BOARD OF ADJUSTMENT; REPEALING CITY OF OCOEE
ORDINANCE 89-19; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with Section 163.3174, Florida Statutes, the City of Ocoee
has established a Local Planning Agency/Planning and Zoning Commission; and
WHEREAS, on August 15, 1989 the City Commission of the City of Ocoee ("City
Commission") adopted ordinance 89-19 in which the City Commission established the meeting
time for the City Planning and Zoning Commission; and
WHEREAS, on July 21, 1992, the City Commission adopted Article III, section 3-2 of
the City of Ocoee Land Development Code, to establish the Planning and Zoning Commission in
Code and allow for adoption of rules; and
WHEREAS, on March 9, 1993, the Planning and Zoning Commission confirmed
ordinance 89-19 as the Planning and Zoning Commission's Rules of Procedure; and
WHEREAS, on May 9, 2017, the Planning and Zoning Commission approved a motion
to change its meeting time and to request the City Commission adopt an ordinance changing the
meeting time to a 6:30 p.m. start time; and
WHEREAS, the City Commission of the City of Ocoee desires to amend Section 3-2
and Section 3-3 of the City of Ocoee Land Development Code to amend the establishment and
membership of the Planning and Zoning Commission, abolish the Board of Adjustment, revise
the duties of the Planning and Zoning Commission, and to incorporate the rules from Ordinance
89-19 into the Code; and
WHEREAS, on April 10, 2018, the Planning and Zoning Commission held a public
hearing to consider the amendments proposed by staff to amend the Land Development Code as
stated herein; and
WHEREAS, the City Commission may exercise any power for municipal purposes,
except as expressly prohibited by law; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in the
best interest of the City and its residents and promotes the health, safety, and welfare of the
public.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee 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.
SECTION 2. Amendment of Section 3-2. Section 3-2 of the City of Ocoee
Land Development Code is hereby amended to read as follows with underlines showing
additions and strikethroughs showing deletions:
SECTION 3.2 -PLANNING AND ZONING COMMISSION.
A. Establishment and Membership.
The Planning and Zoning Commission shall consist of five (5) members_appointed
by the City Commission,. and one member appointed by the School Board of
Orange County as a non-voting member. The member appointed by the School
Board of Orange County shall attend those meetings at which the Planning and
Zoning Commission considers comprehensive plan amendments and rezonings
that would, if approved, increase residential density on the property that is the
subject of the application. No member shall be an employee of the City of Ocoee
and all members, except the member appointed by the School Board of Orange
County, shall be a resident of the City of Ocoee. When selecting members to the
five (5) member Planning and Zoning Commission, the Mayor and each member
of the City Commission shall each nominate up to two (2) members who meet the
above qualifications so as to create geographical diversity and representation.
From the nominees, the Mayor and each City Commissioner shall appoint five (5)
members to comprise the Planning and Zoning Commission. The highest ranked
five (5) nominees will comprise the five (5) member Planning and Zoning
Commission.
Subsequent vacancies on the Planning and Zoning Commission shall be filled by
majority vote of the City Commission from the candidates nominated by the
Mayor and City Commissioners. The Mayor and each member of the City
Commission may nominate up to two (2) nominees each in the event of a vacancy.
B. Terms of Office, Removal from Office and Vacancies.
Members of the Planning and Zoning Commission shall be appointed for three-
year terms and shall serve until their successors are appointed; provided, however,
that any member who has served two full terms is not eligible to serve another
term until three years have passed. Original appointments may be made for a lesser
number of years so that the terms of the said members shall be staggered.
Members of the Planning and Zoning Commission shall serve at the pleasure of
the City Commission. Any vacancy occurring during the unexpired terms of office
of any member shall be filled by the City Commission for the remainder of the
term. Such vacancy shall be filled within thirty (30) days after the vacancy occurs.
The unexcused absence by any member from three (3) meetings of the Planning
and Zoning Commission in any calendar year shall result in automatic removal of
the absent member and vacation of the seat of the absent member, whether such
member's absence is excused or unexcused.
C. Officers, Rules of Procedure and Quorum.
(1) The Planning and Zoning Commission shall elect a chair and a vice chair from
among its members at the first meeting of each calendar year. The City
Commission shall provide the Commission a deputy clerk, who may be an
employee of the City of Ocoee.
(2) The Planning and Zoning Commission shall meet the second Tuesday of each
month and at such other times as may be necessary at such time as is set by a
resolution of the City Commission. It shall adopt rules for the transaction of its
business and shall keep a properly indexed record of its resolutions, transactions,
findings and determinations, which record shall be a public record. All meetings of
the Planning and Zoning Commission shall be public.
(3) Three (3) members of the Planning and Zoning Commission shall constitute a
quorum, and no action may be taken if less than three (3) members are present and
voting.
D. Compensation.
Members of the Planning and Zoning Commission shall receive no compensation
for service, except that they may be reimbursed for out-of-pocket expenditures
made in connection with the performance of their duties.
E. Compliance with Laws.
The Planning and Zoning Commission, and its individual members, shall comply
with all applicable laws relative to public bodies, including disclosure of interests
and procedure for refraining from participation in the case a conflict of interest
exists.
F. Status of Prior Bodies.
It is the intent of this Code that the membership of the Planning and Zoning
Commission established under ordinances adopted prior to the effective date of
this Ordinance shall continue and that members appointed prior to the effective
date of this Code shall continue to be members until such a time as stated in a
Resolution adopted by the City Commission. Members of the Planning and Zoning
Commission described in this Ordinance shall be appointed and trained as
provided in a Resolution adopted by the City Commission.
G. Duties and Responsibilities.
The Planning and Zoning Commission shall have the following duties and
responsibilities:
(1) To act as the Local Planning Agency (LPA) of the City of Ocoee, pursuant to
Section 163.3174, Florida Statutes, and to make recommendations to the City
Commission regarding the adoption or amendment of the Comprehensive Plan of
the City of Ocoee, including text and/or maps. No such recommendation shall be
made except after a public hearing held in accordance with State and local
requirements.
(2) To review and make recommendations to the City Commission on applications
for amendments to the Comprehensive Plan, and transmit the same to the City
Commission with a recommendation as required by law. No such recommendation
shall be made except after a public hearing held in accordance with State and local
requirements.
(3) To monitor the effectiveness of the Comprehensive Plan, make
recommendations for amendments to the Comprehensive Plan, and forward such
recommendations for amendments to the City Commission for consideration. No
such recommendation shall be made except after a public hearing held in
accordance with State and local requirements.
(4) To review and make recommendations to the City Commission on applications
for amendments to this Code, including applications for annexation or change of
zoning. Pursuant to Section 163.3174(4)(c), Florida Statutes, the Planning and
Zoning Commission shall also have the responsibility to review and make a
recommendation to the City Commission as to the consistency of the proposed
land development regulation with the adopted Comprehensive Plan. No such
recommendation shall be made except after a public hearing held in accordance
with State and local requirements.
(5) To review and make recommendations to the City Commission on applications
for various development approvals or permits as provided within this Code,
including, but not limited to Planned Unit Developments (PUD), special
exceptions, subdivisions, and any other application for which the City Commission
requests a recommendation as to consistency of the proposal with the
Comprehensive Plan. Where a public hearing is required by the applicable
procedural section, no such recommendation shall be made except after a public
hearing held in accordance with State and local requirements.
(6) To review zoning of newly annexed lands when it represents an increase in
intensity of use or a conflict with the Comprehensive Plan pursuant to
requirements of State law and City ordinances.
(7) To hear and give recommendations on requests for variances from the terms
of this Code as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this Code will result in
unnecessary and undue hardship. In order to grant any variance from the terms of
the Code, the Planning and Zoning Commission and City Commission must find:
(a) That special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable to other
lands, structures or buildings in the same zoning district;
(b) That the special conditions and circumstances do not result from the
actions of the applicant;
(c) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands, buildings or
structures in the same zoning district;
(d) That literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other properties in the
same zoning district under the terms of this ordinance, and would work
unnecessary and undue hardship on the applicant;
(e) That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
(f) That the grant of the variance will be in harmony with the general intent
and purpose of this ordinance, and that such variance will not be injurious to
the area involved or otherwise detrimental to the public welfare.
All recommendations of variance requests shall be brought to the City
Commission for final decision. In recommending any variance, the Planning
and Zoning Commission may prescribe appropriate conditions and
safeguards in conformity with this Code. Violation of such conditions and
safeguards, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this Code and punishable as provided
herein.
Under no circumstances shall the Planning and Zoning Commission
recommend a variance to allow a use that is not permissible under the terms
of this Code in the district involved, or any use expressly or by implication
prohibited by the terms of this Code in said district.
SECTION 3. Amendment to Section 4-3. Subsection C of Section 4-3 of the
City of Ocoee Land Development Code is hereby amended to read as follows with underlines
showing additions and strikethroughs showing deletions:
SECTION 4-3. - SITE PLAN REVIEW FOR DEVELOPMENT NOT CLASSIFIED
AS A SUBDIVISION. (SEE SECTION 4-4 FOR SUBDIVISION REVIEW.)
C. Approval Process for Large Scale Final Site Plan.
The Final Site Plan shall conform substantially to the Preliminary Site Plan as approved,
and may constitute only that phase of the approved Preliminary Site Plan and other necessary
improvements which the developer proposes to develop. The plans shall also conform to all
requirements of these or other adopted City regulations.
Twelve (12) copies of the Final Site Plans and two (2) copies of the specifications for
paving, drainage, utility systems and other improvements shall be submitted to the Planning
Department for distribution to the Development Review Committee. After review and approval
by the Development Review Committee, the Final Site Plan is scheduled for the City
Commission respectively on the consent agendas.
No building permit shall be granted prior to the approval of the Final Site Plan. Upon
such approval, said Site Plan becomes a part of the building permit and that Site Plan may be
amended only by authority and directive of the City Manager, or City Commission.
Approval of the Final Site Plan shall be automatically voided if construction has not
commenced within one (1) year from the date of Final Site Plan approval, subject however to
concurrency management review at the time of building permit application. The City
Commission may grant a one (1) year extension upon written request by the developer to the
Director of Planning,provided that the plans still comply with current regulations.
(All other provisions of section 4-3 of the City of Ocoee Land Development Code remain
unchanged by this amendment.)
SECTION 4. Amendment to Section 4-4. Paragraph (3) of Subsection G of
Section 4-4 of the City of Ocoee Land Development Code is hereby amended to read as follows
with underlines showing additions and strikethroughs showing deletions:
SECTION 4-4. - SUBDIVISION REVIEW PROCESS.
G. (3) Approval Procedure for Final Subdivision Plans.
The Final Subdivision Plans shall conform substantially to the Preliminary Plan as approved, and
may constitute only that phase of the approved Preliminary Plan and other necessary
improvements which the subdivider proposes to record and develop. The plans shall also
conform to all requirements of these or other adopted City regulations.
Twelve (12) copies of the Final Subdivision Plans and two (2) copies of the specifications for
paving, drainage, utility systems and other improvements shall be submitted to the Planning
Department for distribution to the Development Review Committee. After review and approval
by the Development Review Committee, the Final Subdivision Plan is scheduled for the City
Commission on the consent agendas.
Approval of the Preliminary Subdivision Plan and the Final Subdivision Plans shall be
automatically voided if construction has not commenced within one (1) year from the date of
Final Subdivision Plan approval. The City Commission may grant a one-year time extension
upon written request by the Developer to the Planning Director, provided that the plans still
comply with current regulations.
(All other provisions of section 4-4 of the City of Ocoee Land Development Code remain
unchanged by this amendment.)
SECTION 5. Amendment to Section 4-9. Section 4-9 of the City of Ocoee
Land Development Code is hereby amended to read as follows with underlines showing
additions and strikethroughs showing deletions:
SECTION 4-9. -VARIANCES.
The Planning and Zoning Commission may recommend and the City Commission may
grant a variance from the terms of these regulations when such variance will not be contrary to
the public interest and where, owing to special conditions, a literal enforcement of the provisions
of these regulations would result in unnecessary hardship. Such variance shall not be granted if it
has the effect of nullifying the intent and purpose of these regulations. Furthermore, such
variance shall not be granted by the City unless and until:
A. Application.
A written application for a variance is submitted with the application fee demonstrating:
(1) That special conditions and circumstances exist which are peculiar to the land,
structures, or required subdivision improvements involved and which are not applicable to other
lands, structures, or required subdivision improvements;
(2) That a literal interpretation of the provisions of these regulations would deprive the
applicant of rights commonly enjoyed by other properties with similar conditions;
(3) That the special conditions and circumstances do not result from the actions of the
applicant;
(4) That the granting of the variance requested will not confer on the applicant any
special privilege that is denied by these regulations to other lands, structures, or required
subdivision improvements under similar conditions. No pre-existing conditions of neighboring
lands which are contrary to these regulations shall be considered grounds for the issuance of a
variance.
B. Findings.
The Planning and Zoning Commission shall make findings that the requirements of this
section have been met:
(1) A public hearing on the proposed variance shall be held. The public hearing may be
held prior to or simultaneously with the public hearing for approval of the Preliminary Plan. Both
the Planning and Zoning Commission and City Commission public hearings must be advertised
in a newspaper at least seven(7) days before each hearing.
All property owners within three hundred (300) feet of the subject property must also be
notified by mail at least seven (7) days prior to the hearing date. This notice may include
information on both the Planning and Zoning Commission and City Commission hearings if the
item goes before both Commissions. If the hearing information for the City Commission meeting
is not available at the time the notices must be sent for the Planning and Zoning Commission
meeting, a second notice to property owners must be mailed seven (7) days before the City
Commission hearing detailing the meeting time, place, and other particulars.
(2) The Planning and Zoning Commission shall further make a finding that the reasons
set forth in the application justify the granting of the variance which would make possible the
reasonable use of the land, buildings, or other improvements.
(3) The Planning and Zoning Commission shall make further finding that the granting of
the variance would be in harmony with the general purpose and intent of these regulations, will
not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare.
C. Planning and Zoning Commission and City Commission Action.
In recommending any variance, the Planning and Zoning Commission may prescribe
appropriate conditions and safeguards in conformity with these regulations and the City
Commission may approve such conditions. Violation of such conditions and safeguards when
made a part of the terms under which the variance is granted, shall be deemed a violation of
these regulations and Chapter 65-2015, Laws of Florida.
SECTION 6. Amendment of Section 34-39. Section 34-39 of the City of Ocoee
Code of Ordinances is hereby deleted in its entirety and the Board of Adjustment is dissolved
SECTION 34-39—CONDITIONAL USE APPROVAL
Before an adult entertainment establishment is approved, the Planning and Zoning
Commission shall determine that the creation of the use is in the public interest and, in making
this determination, shall be satisfied that:
A. The location, size, operating and other characteristics of the proposed establishment
shall be compatible with and shall not adversely affect the livability or appropriate development
of abutting properties and the surrounding neighborhood.
B. No adult entertainment establishment shall be allowed unless it complies with the
distance requirements specified in section 34-38 or unless the Planning and Zoning Commission
waives these distance requirements after fording that all appropriate regulations of this chapter
will be observed, that the spirit and intent of this chapter will be observed and that the proposed
use will not be contrary to the public interest or injurious to nearby properties.
SECTION 7. Amendment of Section 3-3. Section 3-3 of the City of Ocoee
Land Development Code is hereby deleted in its entirety and the Board of Adjustment is
dissolved:
SECTION 3.3—BOARD OF ADJUSTMENT.
The Board of Adjustment is hereby dissolved. Administrative Appeals alleging
error in any order, requirement, decision, or determination made by an official of
the City in the enforcement of this Code shall be submitted to the Director of
Planning and will be heard by the City Commission.
SECTION 8. Repeal of Ordinance 89-19. City of Ocoee Ordinance 89-19 is
hereby repealed.
SECTION 9. 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 10. Codification. It is the intention of the City Commission of the
City that the provisions stated in Sections 2, 3, 4, 5, 6, and 7 of this Ordinance shall become and
be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "chapter," "section,"
"article," or such other appropriate word or phrase in order to accomplish such intentions; and
regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance
may be renumbered or relettered and the correction of typographical errors which do not affect
the intent may be authorized by the City Manager, without need of public hearing, by filing a
corrected or recodified copy of same with the City Clerk.
SECTION 11. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this /Sday of /l'l4 cJ j , 2018.
ATTEST: APPROVED:
..,-"/y/41 ../itiar, .r______CIT It F OCOE LORIDA
Melanie Sibbitt, City Clerk + \•L
Rusty John.i ayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED ,2018
THE CITY OF OCOEE,FLORIDA; READ FIRST TIME ,2018
APPROVED AS TO FORM AND READ SECOND TIME ADOPTED
LEGALITY lb A15 ,2018
this f514day of ZT&4JE , 2018. UNDER AkENDA ITEM NO. /02
SHUFFIELD,LOWMAN & WILSON
By: ....r •
4.11 City Atto