HomeMy WebLinkAboutV(C2) Ordinance No. 97-02, Relating To Proposed Equipment Screening Requirements AGENDA 12-17-96
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"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" •�•• •` vltvll7JIVIV CK
• S.SCOTT VANDERGRIFT
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RUSTY JOHNSON
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a CITY OF OC®EE SCOTT ANDERSON
150 N.LAKESHORE DRIVE SCOTT A.GLASS
OCOEE,FLORIDA 34761-2258JIM GLEASON
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(407)656 2322
CffY MANAGER
OF Gp00 ELLIS SHAPIRO
STAFF REPORT
SRP-96-038
DATE: December 11, 1996
TO: The Honorable Mayor and City Commissioners
THROUGH: Russell B. Wagner, AICP, Director of Planning lf�_
FROM: Abra E. Home, Senior Planner areik
SUBJECT: Land Development Code Amendment- Proposed Equipment Screening Requirements
CASE#: LDC-96-002
ISSUE:
Should the Mayor and City Commissioners approve Ordinance 97-02 amending the Land Development
Code to clarify the City of Ocoee's equipment screening requirements?
BACKGROUND:
The City's roof mounted equipment screening requirements are ambiguous. The existing Land
Development Code simply states that, "All roof mounted equipment shall be screened from view."
Although staff has tried to enforce this requirement in a consistent manner, several key issues always
• need to be taken into consideration; (1) How should the equipment be screened? (2) From what vantage
point should the equipment be screened? and (3) What equipment should be screened? Recent
examples of different concerns raised by these three issues follow.
Example#1. How should roof mounted equipment be screened?A developer built a shopping center
with a flat roof and no roof screening. After construction began, the principal tenant was
required to construct a mansard-style roof along their part of the building to screen their
roof mounted equipment. As subsequent tenants leased space in the shopping center,
they also installed roof mounted equipment but they were allowed to screen the equipment
with lattice fencing installed around individual pieces of equipment.
Problems: The latter interpretation was less expensive and less effective. The resulting screening is
more visible from adjacent roadways and properties and therefore more obtrusive than the
equipment that it was installed to mask. All tenants were not treated equitably. This is a
piecemeal approach and would result in a potpourri roofline.
Example#2. From what vantage point should the equipment be screened? A site plan for a shopping
center was submitted and staff requested that the applicant include adequate screening
for roof mounted equipment within the architectural design of the building. Although the
applicant included a parapet-style roof front along the front of the shopping center, no
screening was provided along the sides or rear of the shopping center.
�L�
The Honorable Mayor and City Commissioners
December 11, 1996
Page 2
Problems: In a typical shopping center, the major roadway and parking area would,be screened by
the parapet-style roof front whereas adjacent properties to the rear and sides would not be
adequately screened. Typically, areas to the rear of shopping centers will be residential
or professional. In this instance, the equipment would be screened from the view of a
passing vehicle better than from an adjacent land use.
Example#3. What equipment should be screened? A restaurant with roof mounted ventilation
equipment was constructed on a shopping center outparcel. The shopping center itself
was required to install architecturally compatible screening along all four sides of the roof
to screen all roof top equipment. However, another restaurant located within the shopping
center submitted building plans that did not include any screening for roof mounted
ventilation equipment. Staff requested that the applicant comply with the roof mounted
screening requirements and the applicant asked for a definition of roof mounted
equipment. When staff said that ventilation equipment would be included, the applicant
stated that he would install the ventilation equipment on the side of the building rather than
comply with the City's roof screening requirements.
Problems: The existing language does not define roof mounted equipment. Ventilation equipment
does not appear to be addressed by the City's general screening requirements.
Additionally, it is unclear who has the authority to interpret this section of the Land
Development Code.
DISCUSSION:
Staff has reviewed the existing screening requirements and agreed upon a new policy. Accordingly, we
would like to establish regulations requiring that the plans for commercial and industrial buildings include
in their architectural design a permanent and continuous screen at or near the perimeter of the roof.
Examples of such screens include: parapet walls, mansard-style roof fronts, penthouses, and similar
structures. Accordingly, staff has drafted revisions to the Land Development Code to address the above
concerns as follows (refer to the attached Ordinance for details):
(a) Section 2-4 - Adding a definition of roof mounted equipment;
(b) Section 4-5 - Clarifying the equipment screening requirements within the PUD District
and delegating the authority to interpret that Section; and
(c) Section 6-10 - Clarifying the equipment screening requirements within commercial and
industrial districts and delegating the authority to interpret that Section.
PLANNING AND ZONING COMMISSION RECOMMENDATIONS:
At their meeting on December 10, 1996, the Planning and Zoning Commission unanimously
recommended approval of Ordinance 97-02 providing for revisions to Sections 2-4, 4-5, and 6-10 of the
Land Development Code.
The Honorable Mayor and City Commissioners
December 11, 1996
Page 3
STAFF RECOMMENDATION:
Based upon DRC and Planning and Zoning approvals, Staff respectfully recommends that the Mayor and
City Commissioners approve Ordinance 97-02 providing for revisions to Sections 2-4, 4-5, and 6-10 of the
Land Development Code, upon finding them to be consistent with the Ocoee Comprehensive Plan.
Attachments: Proposed Ordinance
Existing Sections 2-4,4-5,&6-10 File:C:\CAPDFILE\STAFFR-1\CCSR-1\SRP96038.WPD
ORDINANCE NO. 97-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO
ROOF-MOUNTED EQUIPMENT; CREATING A NEW SECTION 2-
4 .C. (228 .1) OF ARTICLE II OF CHAPTER 180 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE TO DEFINE ROOF-MOUNTED
EQUIPMENT; AMENDING SECTION 4-5 .M. (7) OF ARTICLE IV OF
CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE TO CLARIFY THE EQUIPMENT SCREENING REQUIREMENTS FOR
COMMERCIAL AND INDUSTRIAL BUILDINGS WITHIN PLANNED UNIT
DEVELOPMENTS; AMENDING SECTION 6-10 . I. (7) OF ARTICLE VI
OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE TO CLARIFY THE EQUIPMENT SCREENING REQUIREMENTS FOR
COMMERCIAL AND INDUSTRIAL BUILDINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee ( "City
Commission" ) desires to amend the City' s roof-mounted equipment
regulations by adopting a definition of "roof-mounted equipment" in
Article II and clarifying the equipment screening requirements in
Articles IV and VI, all in Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida; and
WHEREAS, pursuant to the provisions of Chapter 163 ,
Florida Statutes, the Ocoee Planning and Zoning Commission, acting
as the Local Planning Agency of the City, has held a public hearing
on December 10 , 1996 to review the relationship between this
Ordinance and the Ocoee Comprehensive Plan, and following such
hearing found this Ordinance to be consistent with the Ocoee
Comprehensive Plan and in the best interest of the City of Ocoee,
and recommended that the City Commission adopt this Ordinance; and
WHEREAS, pursuant to Chapter 163 and Section
166 . 041 (3) (c) , Florida Statutes, the City Commission held public
hearings on this Ordinance on December 17, 1996 and on January 7,
1997, after public notice and received public input with respect
thereto; and
WHEREAS, the City Commission finds and determines that
this Ordinance is consistent with and implements the' City of Ocoee
Comprehensive Plan and that adoption thereof is in the best
interest of the City of Ocoee .
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS :
SECTION 1. Authority. The City Commission 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 . Definition of Roof-Mounted Equipment.
Section 2-4 .C. (228 . 1) of Article II of Chapter 180 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby created to read
as follows (with additions underlined) :
Roof Mounted Equipment: This term shall include all air
conditioning, refrigeration, air handling, electrical ,
venting, plumbing, satellite, communication, or similar
devices which extend above the roof-line of the building
(Electrical and telephone risers are excluded) .
2
SECTION 3 . Equipment Screening Requirements in Planned
Unit Developments . Section 4-5 .M. (7) of Article IV of Chapter 1880
of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended to read as follows (with additions underlined) :
(a) [no change]
(b) [no change]
(c) [no change]
(d) Open storage of articles, goods or materials shall not be
permitted unless totally screened from the public right-
of-way and adjacent properties . Utility fixtures
ventilation equipment , and mechanical equipment, when
outside a structure, shall be screened with walls,
fences, dense plant material or berms or a combination of
the above, or within a completely enclosed area. Display
areas shall not be visible from the right-of-way or
abutting properties .
(e) All roof mounted equipment shall be screened from view.
Screening shall be at least as tall as the tallest
equipment extending above the roof-line . Screening
materials shall meet all applicable building codes and
shall be a permanent building material located in a,
continuous fashion along or in close proximity to the
perimeter of the roof of a commercial or industrial
building. The screen shall totally obscure the view of.
all roof mounted equipment from adjacent property lines
and road right-of-way lines and shall be designed as an
integral part of the building architecture (e .a. , parapet,
walls, mansard-style roof fronts, penthouses, or
enclosures) . Multiple enclosures surrounding individual.
pieces of roof mounted equipment shall not be permitted.
(f) [no change]
(g) [no change]
(h) [no change]
(i) Interpretation - Where there is any ambiguity or dispute
concerning the interpretation of these requirements , the
decision of the Director of Planning shall prevail . Any
person aggrieved or adversely affected by such decision
may file an appeal with the City Clerk within 30 days .
Such appeal shall be heard as provided in Section 3-
3 . E . (1) of the Ocoee Land Development Code .
3
SECTION 4. Equipment Screening Requirements. Section 6-
10 . I . (7) of Article VI of Chapter 180 of the Code of Ordinances of
the City of Ocoee,, Florida, is hereby amended to read as follows
(with additions underlined) :
(a) [no change]
(b) [no change]
(c) [no change]
(d) Open storage of articles, goods or materials shall not be
permitted unless totally screened from the public right-
of-way and adjacent properties . Utility fixtures
ventilation equipment, and mechanical equipment, when
outside a structure, shall be screened with walls,
fences, dense plant material or berms or a combination of
the above, or within a completely enclosed area. Display
areas shall not be visible from the right-of-way or
abutting properties .
(e) All roof mounted equipment shall be screened from view.
Screening shall be at least as tall as the tallest
equipment extending above the roof-line . Screening
materials shall meet all applicable building codes and
shall be a permanent building material located in a
continuous fashion along or in close proximity to the
perimeter of the roof of a commercial or industrial
building. The screen shall totally obscure the view of
all roof mounted equipment from adjacent property lines
and road right-of-way lines and shall be designed as an
integral part of the building architecture (e .g. , parapet
walls, mansard-style roof fronts , Penthouses, or similar
enclosures) . Multiple enclosures surrounding individual
pieces of roof mounted equipment shall not be permitted.
(f) [no change]
(g) [no change]
(h) [no change]
(i) , Interpretation - Where there is any ambiguity or dispute
concerning the interpretation of these requirements, the
decision of the Director of Planning shall prevail . Any
person aggrieved or adversely affected by such decision
may file an appeal with the City Clerk within 30 days .
Such appeal shall be heard as provided in Section 3-
3 .E . (1) of the Ocoee Land Development Code .
SECTION 5 . 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
4
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 6 . Codification. It is the intention of the
' City Commission that the provisions 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.
5
SECTION 7 . Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1997 .
APPROVED :
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1996
AND ADVERTISED 1996
READ FIRST TIME , 1996
READ SECOND TIME AND ADOPTED
, 1997,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 199
FOLEY & LARDNER
By:
City Attorney
December 4, 1996(11:56am)
P:WHPDFILEILDC-REVD\LDC96002\ROOFEQP.ORD
A:IROOFEQP.ORD 1 12/1 1/96 1 OCOEE FORMS(DISK)I MHF:jed
6
The Orlando Sentinel,Sunday,December 8,1996 K-5
NOTICE OF OCOEE LAND.
DEVELOPMENT CODE CHANGE
AND NOTICE OF PUBLIC •
HEARINGS BY THE .
OCOEE- CITY COMMISSION
NOTICE IS HEREBY GIVEN pursuant to Section 166.041, Florida '
Statutes,that the City Commission of the City of Ocoee proposes to
adopt the following Ordinance to amend the Ocoee•Land
Development Code:
ORDINANCE NO. 97-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ROOF-MOUNTED EQUIPMENT; CREATING A NEW
SECTION 2-4 C. (228.1) OF ARTICLE II OF CHAPTER 180 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE TO DEFINE
ROOF-MOUNTED EQUIPMENT; AMENDING SECTION 4-5 M. OF
ARTICLE'IV OF CHAPTER 180 OF THECODE OF ORDINANCES OF
THE CITY OF OCOEE TO CLARIFY THE EQUIPMENT SCREENING
REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL BUILDINGS '
WITHIN PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 6-
10 I.OF ARTICLE VI OF CHAPTER 180 OF THE CODE OF ORDI-
NANCES OF THE CITY OF OCOEE TO CLARIFY THE EQUIPMENT
SCREENING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL
BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR COD-
IFICATION; PROVIDING AN EFFECTIVE DATE.
Public hearings on the Ordinance will beheld on Tuesday, December
17, 1996 at 7:30 p.m. or as soon thereafter as practical, and Tuesday,
January 7, 1997 at 7:30 p.m. or as soon thereafter as practical, at the
Commission Chambers, Ocoee City Hail, 150 North Lakeshore Drive,
Ocoee, Florida.
A copy of the proposed Ordinance may be inspected by the public in
the office of the Ocoee Planning Department, City Hail, 150 N.
Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except legal holidays. Interested parties may
appear at the hearings and be heard with respect to the adoption of
the proposed Ordinance. N
If any person desires to appeal any decision with respect to any mat-
ter considered at these public hearings, such person will need a •
record of the proceedings and for this purpose, such person 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 the proceedings should contact the City Clerk's office 48 hours
in advance of the meeting at (407) 656-2322
Jean Grafton, City Clerk December _8, 1996
City of Ocoee December 29,1996