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Home My WebLink AboutVI (A) Variance - Case No. 03VR-99:Christensen Family Agenda 1-04-2000 Item VI A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee 0` CITY OF OCOEE COMMISSIONERS DANNY HOWELL �r a 150 N. LAKESHORE DRIVE SCOTT ANDERSON v OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON n'ry! `A (407)656-2322 NANCY J.PARKER E .s 4 Of G000 CITY MANAGER ELLIS SHAPIRO CASE #03VR-99:CHRISTENSEN TABLE OF CONTENTS 1) Staff Report Page 1 2) Exhibit#1, Variance Application For Case #03VR-99: Christensen Page 5 3) Exhibit#2, Site Location Map Page 14 4) Exhibit #3, Land Development Code Page 15 Article VI, Section 6-10(I)(3) "Building Setbacks from Streets" 5) Exhibit #4, "Heinrich-Trotter Survey" Page 16 of subject property with salient dimensionals depicted 6) Exhibit#5, Table 5-1 of the Land Page 17 Development Code, "Automobile Repair" 7) Exhibit#6, Ordinance No. 93-06, Page 18 "Automobile Repair" 8) Exhibit#7, Land Development Code, Page 20 Article B, Section 5-10(D)(E), "Non-conforming Structures and Uses of Structures" 9) Exhibit#8, Land Development Code, Page 21 Article IV, Section 4-9 (A)(B)(C), "Variances" 10) Exhibit#9, Photographs of the Former Page 23 Gasoline Islands/Canopy, "East and West Views" PCMW Protect Ocoe&s Water Resources 6 .‘ "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMh�SSIONER S. SCOTT VAI`vERGRIFT OCOe9 o` CITY O F OCOEE COMMISSIONERS �� ti -€. DANNY HOWELL �� a 150 N.LAKESHORE DRIVE SCOT) ANDERSON v �� OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON �'y ., rF�\ /``AN. (407)656-2322 NANCY J.PARKER OfvGOO CITY MANAGER ELLIS SHAPIRO 11) Exhibit#10, Code Enforcement Digital Page 25 Images of the subject property 12) Exhibit#11, "Minutes of the Board of Page 31 Adjustment Regular Meeting held on Thursday, December 2, 1999" Draft 13) Exhibit#12, "City of Ocoee Land Development Page 35 Code" Article II, Section 2-4, page 18049 Definition 254 "Structure"; F.S. 163.3164 Definition (21) "Structure"; and, F.S. 380.031 Definition (19) "Structure" poWI n_,.....,n,.. d.W,tar Rocnurrpc Vi Paae 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee O� Oi) CITY OF O C O E E COMMISSIONERS .ry ti DANNY HOWELL r► .1150 N.LAKESHORE DRIVE SCOTT ANDENRSON I OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON n'y (407)656-2322NANCY J.PARKER OF GOOD CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: JULIAN HARPER, ZONING COORDINATOR ( I THROUGH: D.W. FLIPPEN, BUILDING AND ZONING OF Ct `b .9 DATE: DECEMBER 13, 1999 SUBJECT: VARIANCE APPLICATION 03VR-99: CHRISTENSEN 11460 WEST COLONIAL DRIVE ISSUE Should the Honorable Mayor and Board of City Commissioners recommend approval of the subject Variance Application (attached as Exhibit #1), which would permit three activities upon the subject location (enclosed Exhibit 2, "Site Location Map")? 1) Allow the addition of four automobile repair lifts, under the open-air canopy, where none previously existed. 2) Allow the placement of the lifts and repair operations within the fifty-foot (50') Colonial Drive setback (see attached Exhibits #3 and#4). 3) Allow automotive repair to be conducted outside, not in an enclosed building as required by the Land Development Code, "C-3, General Commercial District". BACKGROUND/DISCUSSION Mr. Christensen, the Applicant, recently purchased the subject property and then leased it to Atomic Tire and Brake Center. Four automobile repair lifts were installed under the canopy, previously the gasoline islands which have long since been dismantled. The lifts were installed without a building permit and no "due diligence" in requested;fac ,t therefore, the lessee proceeded at his own risk. The Code Enforcement Supervisor had, instructed the Applicant and Lessee not to make any expansions or exterior improvements without first obtaining said permit and the necessary clearances. FoWl , Protect Ocoee's Water Resources Page 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Coe;) S. SCOTT VANDERGRIFT r3 CITY OF OCOEE COMMISSIONERS DANNY HOWELL 150 N.LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON (407)656-2322 NANCY J.PARKER GOO CITY MANAGER ELLIS SHAPIRO Staff Report— City Commission December 13, 1999 Page 2 The subject property is correctly zoned to conduct an "automotive repair service", namely, "C-3, General Commercial District" (see Exhibits #5 and #6); however, the buildings, parking lot, and other improvements are legal non-conforming structures, commonly referred to as "grandfathered", meaning that they were in existence prior to the enactment of the Land Development Code (LDC). They may continue to exist subject to certain conditions, but may not be enlarged, extended or expanded, unless and until the entire site and improvements are updated and brought into compliance with the existing standards (see Exhibit #7, "Non-conforming Structures"), via the Site Plan Review process. The structure located adjacent to Marshall Farms Road has lost its legal non-conforming status due to its vacancy for four months or longer during 1999 and previously, per the Land Development Code, Article V, Section 5-10-(E)(4), page 18114 (see attached Exhibit#7). By constructing the aforementioned four automobile repair lifts without first receiving the required permits and clearances, the Applicant and/or Lessee has violated at least three LDC provisions and needs to be granted variances to legalize their use, namely: 1) Enlarge and expand the automobile repair service area into a non-conforming structure (canopy). 2) Introduce a new operation into the fifty-foot Colonial Drive setback. 3) To allow automobile repairs in an open area or non-enclosed building. PLANNING DEPARTMENT STAFF REPORT See the attached Planning Department Staff Report dated November 23, 1999. BOARD OF ADJUSTMENT PUBLIC HEARING See Exhibit #11, "Minutes of the Board of Adjustment Regular Meeting held Thursday, December 2, 1999," which is attached, for a synopsis of the matters introduced and transacted. See page 3, Exhibit #11-4: "Member Colburn, seconded by Vice-Chairman Jensen, moved to recommend that the City Commission find that there is no change in the legal non-conforming use. Motion carried 4-1, with Chairman.Resnik voting no." POW-r, Protect 0coee's Water Resources Page 3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR.COMMISSIONER S. SCOTT VANDERGRIFT Ocoee 0 .�o CITY OF OCOEE COMMISSIONERS DANNY HOWELL R� n 150 N. LAKESHORE DRIVE SCOTT ANDERSON v OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON n ,`�c� (407)656-2322 NANCY J.PARKER rE Of 0000 4. ` CITY MANAGER ELLIS SHAPIRO Staff Report— City Commission December 13, 1999 Page 3 Questions raised during the Board of Adjustment Public Hearing needing Staff clarification: 1) Are automobile service lifts considered a structure? Answer: Per Article II, Section 2-4 "Definition of Terms" (254) (see Exhibit#12-1), a "structure is anything constructed or erected with a fixed location on the ground...". Per Chapter 380.031(19), Florida Statutes (see Exhibit #12-4), a "structure means anything constructed, installed, or portable, the use of which requires a location on a parcel of ground." Conclusion: Automobile service lifts are structures. 2) Is the parking lot and area situated under the canopy, formerly the gasoline islands, entitled to be treated as a valid non-conforming use, or "grandfathered-in", due to its continuous previous use as an automobile service area? Answer: As referenced above and per Article V, Section 5-10(E)(4), page 18114 of the Land Development Code, see Exhibit #7, the Applicant has not presented substantial creditable evidence of "continuous use" stretching back in an unbroken chain to the original establishment of the pioneer landuse of the subject property, namely a Texaco Gasoline Station, i.e. — no sworn testimony, affidavits, or documentation of the use of the parking lot and canopy area for outdoor automobile servicing. Secondly, by viewing Exhibit #10, "Code Enforcement Digital Images", it is readily apparent that used or "junk tires" were stored and displayed in the areas of question during July 1999. Staff testimony and Code Enforcement documentation may be introduced demonstrating such storage for nearly all of 1998 and up to August 1999. Thus, by virtue of the large number of piles of tires stored and stacked tires outside under the canopy and parking areas of the subject property, outside automobile servicing would not have been possible, thus, the "grandfathering" was lost, if in fact it existed by the time the Applicant purchased and leased the subject property to Atomic Tire and Brake Service. Finally, the unpermitted installation of the four subject automobile service lifts represent an entirely new addition which needs to be brought into conformity with the existing code requirements for a "C-3, Community Commercial District", i.e. — no outside work and observe the 50' arterial roadway use setback from West Colonial Drive, at a minimum it is an "enlarged or altered" non-conformity which "should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved", see Exhibit #7, the Land Development Code Article V, Section 5-10(D)(1) and (2), page 18114. PowT!a. Pr,-tart Rrnea's Water Resources Page 4 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMTSSIONER S. SCOTT VANDERGRIFT O� Ocoee/� CITY OF OCOEE COM IISSIONERS / y rpo, DANNY HOWELL �� a 150 N. LAKESHORE DRIVE SCOTT ANDERSON v /� o r�yrE,`�``,`�v OCOEE, 34761-2258 RUSTY JOHNSON PARKER (407)656-2322 NANCY J.PARKER Of G 000 CITY MANAGER ELLIS SHAPIRO Staff Report—City Commission December 13, 1999 Page 4 RECOMMENDATION Per the standards and conditions described by Article IV, Section 4-9, page 18093-18094, (see Exhibit #8), and of the foregoing, the Staff recommends against the granting of three requested variances. 1) There are no special conditions and circumstances which are peculiar to the subject property and improvements. 2) The subject property's improvements are legal non-conformity which allows for their continued use as a commercial site but with no additional or"new" code violations, which all more modern properties are prohibited from having. 3) That their special conditions and circumstances are the direct result of the Applicant, namely, constructing the automotive lifts without first obtaining the correct City of Ocoee permits and clearances. 4) That the granting of the cited variances will confer special privileges, as previously outlined, on the Applicant that no other lands or structures enjoy. PovvT,,, Protect Ocoee's Water Resources Page 5 03 ,,_ 99•cii,sf/:"se PROJECT NO. THIS SPACE FOR FEE S CITY USE ONLY DEPOSIT AMOUNT DATE PAID otes 9 RECEIPT NO. CITY OF OCOEE APPLICATION FOR VARIANCE (PLEASE TYPE OR PRINT ALL INFORMATION) $100.00 (Single Family Residential) VARIANCE $575.00 (All other) 1, APPLICANT'S NAME: rl APPLICANT'S ADDRESS: /!`7 ' � o 64/ 4 ri /1 /9 • TELEPHONE NUMBER: 0 - — / S f � �AN/��t 1 LSD 2. OWNER OF RECORD: e / s E',,"`SC OWNER'S ADDRESS: / P/NT -P/P/ -F /do C" �/' .3, 9?/ (If more than one owner, please attach additional sheets) NOTE: A separate application fee is collected for each action sought anndefror f the above non-contiguous parcels or for the parcels held under separate oonership. Upon request,velopment Regulations.t , applicant to a copy of the City of Ocoee's Land De 3. PROPERTY LOCATION: S A. DIRECTIONS TO PROPERTY: �'� is l • • k o of r sour----sk n� / FOR VARIANCE MUST PROVIDE THREE (3) Go rMa' j�J ed d/ B. LEGAL DESCRIPTION: ALL APPLICATIONS EXECUTED, CERTIFIED AND SEALED BOUNDARY LEGAL DESCRIPTION. X WHICH SHALL INCLUDE A METES-AND-BOUNDS SPECIFY BELOW. ft,J AARCEL, �iU ATTACH SURVEY WIP RANGE-SUBD VI ON OT-AND BLO FULL LEGAL DESCRIPTION AS CK,EXHIBIT. APPLICABLE. SECTION-TOWNSHIP-RANGE-SUBDIVISION-LOT-AND-BLOCK, ECTION-TOWNSH - 657S7- 1 Yil/�/T i I ► ligi 201999 Page 6 • Application for Variance C. PROPERTY TAX ID. NO(S): 0-.v?a7 P---OLD OF THE 4 BRIEFLY SPE CIFY THE DEVELOPMENT HISTORY ANDT WAS OWNERSHIP D PRESENT ONIN SUBJECT PARCEL(S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC.: — f/ /0 5. PROPOSE D USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATION(S) IS/ARE GRANTED? rl osA/s .� YO�� 6. SP ECIFY ZONING OF PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARCEL - L A. NORTH: B. SOUTH: dD Cee/A'/ C. EAST: eo ,4 S/cis 'j�,cn� D. WEST: BER OF EXISTING BUILDINGS AND EXISTING LAND USE OF THE SUBJECT PARCEL: 7. NUM — eiS�e,/ / - eguic4 Zo e 9 4/ S a#c /BRIEFLYESS THE FOLLOWING: 1�jj/OOdih 8. ADDRESS/ A. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION/CHANGE: S c 0 Xk a E p E T �Ah1/,8/7-#. Page 7 Application for Variance 9. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED? A. POTABLE WATER: 14/ 2� B. WASTEWATER TREATMENT: SE 77 C. STORMWATER MANAGEMENT: /VR D. RECREATION: E. SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: F. MAIN HIGHWAY ACCESS (A traffic study may be required): Ai A G. FIRE PROTECTION (NOTE: Fire flow data will be required before final platting): 10. SUBMIT A PRELIMINARY PLAN ILLUSTRATING THE FOLLOWING: A. PROJECT NAME. B. NAME,ADDRESS,AND TELEPHONE NUMBER OF THE APPLICANT, OWNER, ENGINEER, AND SURVEYOR. C. SUBMITTAL AND REVISION DATES. D. PROMINENT NORTH ARROW. E. SCALE AT NOT LESS THAN 1" = 100' AL DESCRI F. A"SEALED"BOUNDARY SURVEY,INCLUDING A LGHEADINGS.ION,TOTAL ACREAGE, AND SHOWING LINEAR DIMENSIONS AND SURVEY G. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING ALA• PARCELS. H. LOCATION MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO EXISTING ROADS AND LANDMARKS. I LOC ATION, NAME, RIGHT-OF-WAY WIDTHS, AND POINTS.PAVEMENT WIDTH OF EXISTING STREETS AND PROPOSED INGRESS AND EGRESS J. EXIST ING TOPOGRAPHY AT ONE (1) FOOT CONTOUR2 INTERVALS BENCH MARKS.BASED ON THE ORANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) VEGETATION TYPES, WOODED AREAS, AND LIKELY CONSERVATION ZONES. IY/f/E/T#1 Page 8 Application for Variance r1ITS OF 100-YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS L. U� OF ALL LAKES AND WETLANDS. M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM. NT N. ANY OTHER INFORMATION DEEMED NECESSARY AND CITY OF APPROPRIATE BY APPUCA TO HELP DETERMINE COMPLIANCE WITH ELOPMENT CODES. UST AND ILLUSTRATE ITEMS SO IDENTIFIED: NG 11. APPLIC ANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES �F THE PERIMETERADDRESSES THEOR ALL PROPERTY LYING WITHIN THREE HUNDRED COUNTY ROP OPE OWNERS MAY RS AD r T PROPERTY, PER THE LATEST ORANGE P PROPERTY APPRAISERS AD VALOREMSE TAX ROLL FAILURE TO IDENTIFY ALL ADJACENT THE SUBMITTED APPLICATION TO BE DENIED. FA/771/TT / Page 9 • Application for Variance CITY OF OCOEE, FLORIDA OWNER'S AFFIDAVIT STATE OF C1,6 COUNTY OF ^ �/�,�/ST� C�I' , who being first Before me, the undersigned personally appeared ""l duly sworn on oath, depose(s) and say(s): 1. That they/she �e re/is the fee-simple owner(s) of the property legally described in this a lication and that the attached ownership list is made a part of the affidavit and contains the legal PP description(s) for the real property, and the names and mailing addresses of all owners having an interest in said land. 4�0 B� E' 7a�112 )/ romo hj—s alc& 2. That they/she � esire(s) • ; . o (specify action sought) for said property. 3. That they/sh-410 have/has appointed &G (specify himself or agent)to act as the Owner's Authorized Ais Agent to represent o the Owner in connection with the proposed action and the real property described n. 4. That they/she et ,,;agree to be bound by the actions de of the Owner's Authorized Agent designated in Paragraph 3 above and the Ocoee Land Development 5. That they/sheaffirms) cert'rf(Y)(i es and will comply with all ordinances, regulations and sumitted h provisions of the City Code of the City of Ocoee, and that aallstemef and ents and diagrams iagr m this pplication ith are true and accurate to the besteoff official records of t knowledge he andCity of Ocoee, and are not returnable. attachments shall become part of the 6. That the accompanying adjacent property owners list is, to the best of their/herno`lvledge, a complete and accurate list of the owner's names and mailing a dred eo fore alllterope lt property lying within th ee e hundred (300) feet of the perimeter of the subject parcel, Tax Rolls. _ 7. That prior to the public hearing, if applicable, signs will be prominently posted on the subject parcel not less than twelve (12) days before the application willi be considereddetermination,yhe Planning r ingiandiZoning me the Board or the Board of Adjustment, and will remain posted notices are to be removed and destroyed. G h/R iS�LriVSGIU �A/J'�%. -G , L! 3 y Owner's Signature �[�°/�� dayof , 19�., by W ul'�k51F.�J.�' who Sworn to and subscribed before me this _ as identification, and who took an is personally know to me or who produced oath. • N Ty Public ��,,, AnQeta M Ranstrom My commission expires: �*, *�Commission CC696222 (/,(f /� P �'►«:/Expires November 23.2�/1 // �J� /7*/ Page 10 Application for Variance • OWNERSHIP LIST OWNER'S NAME: LTD OWNERSHIP INTEREST: rc'D MAILING ADDRESS: `2// / 7 /L (4fl.sdo G/oe•/d,4- LEGAL DESCRIPTION: T/fE ldEs-T Q-E A/,Pi"fr'li.J�'s'T / o o-� D,C�-si' �,5�' // A /Ei,S7' / o---( ��C�7o� %OGut0'hi / /P-7- OWNER'S NAME: OWNERSHIP INTEREST: MAILING ADDRESS: LEGAL DESCRIPTION: • F,IY1'/,?/TJJ i Page 11 • 11V • • N©V15 ;- November 12, 1999 Julian Harper Zoning Coordinator City of Ocoee Dear Julian: in your packet the documents, requested by you Please find in enclosedfor your review and considertion. I hope letter dated October 26, 1999, our help in these are satisfactory. I want to thank you for your matter this is please as we appreciate your effort. If there are any further questions do not hesitate to call me at any time. Sin erely, Paul Christensen • , #7/?/T.f01 Page 12 October 26. 1999 • ION 1 5 City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761-2258 Dear Sirs: We would like to respectively submit the following points to accompany' our application: 1. The special condition or circumstance that exist in the above property is that this location has been a service station facility for approximately 30 years and performing service outside under roof is peculiar to this type of property. • 2. A literal interpretation of the regulation would deprive the applicant of rights commonly enjoyed by service station facilities throughout our nation, let alone city, county and state. s condition as this 3. This applicant's actions have not c coused nditions nditiolns fo rmany years property has operated under these under different property owners and under different tenants. For example: Texaco Oil, Two Guys Tire and Auto Repair, Griner Tire and Auto Repair, Griner Car Sales and Auto Repair. 4. We want to state very clearly that we are not asking that any pre-existing conditions of any other properties be considered in_this application or request. 5. There exists an emergency and an important need sro have this ice work variance because of the necessity of performing under current roofed area,which most service station auto repair have. This need is certainly understood as sl to lo provide t but not least, for not only the lessee but his employ quality service for local citizens. 6. This variance request will not and wouldcitizen, tizeot violate landownere Oealth, safety,welfare or convenience of any business in this vicinity. � 7. We wish to also state that property directly to our east and south is owned by U-Haul and they are in the process of building storage Page 13 warehouses and service facilities. Directly to the west of us is the green belt area and exit ramp for the Florida Turnpike. north,Highway 50 is our total frontage. Thanking you in advance for your consideration. Sincerely, 4-1/1/f): Paul Christensen, Owner .. ... . .. . . . Pag .__ . _ _......_. . _ .... .. . ..... ... _. ._. ........... ..... .............. ........ . . . . ..... . ... .. ....... . . ... . .. . _.. .. ........._.__ ..._ _._ .. ..... . . . ...._........ . . . . - - - ...... .. ..... . _. .. ..._. .. ...-.. —. . . ._ •• • ••• ••••••••• ••• • • .. :. . -.-.•• -..... . . ....2 . . . . . . ._._ ..f.• I • • • . .. ... .. .. . . ... ........... . . _ . . ... ....... _ . _ _ _... ..: : .... ....... . • • . . . .. ... ... .. . . . . . .. . .. .. ... : ..• ......... - - -cr:tkoeteet4 ........ 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Fl4F2HS RD * TfJ4YN RD .. . . ... .. .... ...: .... „......... .... ...... .. .... .. .... ................................ ...... ... ........••... . . . ..........,...... "... •:-...... . _ . .-.::::,•.:. . .. .. . . .. . .................. ... . .. . S / TE „....... .. : . . ..:..::..::..... ( ccue 4 o. 03y,e- 99'•c4rj 7,4 P/ -....•..". ... ....c..........-..i.-. . ...... ... .... .. .. . . . ... . .............:.....••....-.... . . . .. .. .....:.•:• •• ....... ... ....,..... • ...:-.... ... ............................. • .............:.......:-.... . . . ..:-.-......... rYiiiie/r 2 --, . 2 S- r fide, ,Se(-fio�J Page 1 5 ARTICLE VI violations and will be given thirty (30) days to correct them. Continued violation after thirty days will be referred to the Code Enforcement Board. Deteriorated and destroyed materials must be replaced with plant material consistent with the original landscape plan as to quantity and quality or as approved by the Staff Forester. (2) All required plants shall be maintained in a healthy, pest-free condition. (3) Within six (6) months of a determination by the shall be replaced by the dtaff Forester that a lant is eveloperad or severely damaged or diseased, plant r in accordance with the standards specified in this Code. Commercial and Industrial Uses Commercial development shall mean commercial facilities designed as a support feature to a residential or industrial project or the general community. Industrial development shall mean manufacturing, processing, and storage operations designed to be compatible with surrounding development. (1) The maximum impervious lot coverage shall not exceed 70 percent of the net land area. (2) Open space shall be provided for each parcel of land at a rate of at least 20 percent of the net land area. CPBuilding setbacks from all property lines shall be as required by Table 5.2 in Article V. However, where adjacent to a residential use a minimum 50 foot setback shall be provided. (These setback requirements will not be applciable for the Downtown Redevelopment Area as described in Figure 13 of the Comprehensive Plan.) Building setbacks from streets shall meet the following minimum guidelines:_ f/ � � � �/V1 / 25 feet /� r ,C 3: Local Street (��/V Collector Street 35 feet/�� ` 1 J Arterial Strect 50 feet Expressway 75 feet Paved parking and loading areas and fenced stormwater retention �neses dshall maintain minimum 10 foot setbacks from all side and rear property 15 foot setbacks from all street right-of-way lines. There shall be a minimum separation of 20 feet between all buildings. Separations shall be increased 10 feet for each additional -story of building height over two. (4) The number of access cuts or driveways serving a commercial or industrial development shall be based upon the frontage of the entire site and the functional classification of the street to be accessed and shall be in accordance with the following criteria, unless traffic or safety conditions require the maximum number to be reduced. Additionally, certain situations may dictate that one or more permitted driveways be limited to a right turn in, right turn out configuration. X �� 3 't, .9/1//C7 7//� 7 76'/,7 c>1_ 1/ 1/0,2 w 0 7d_.Z_. 'vI/ i ',2A/O O cY 01 S' / N 0 O/ / " j7Y75 n i if .9 •a7 E w1 �- ,SL "OZ ,£ •JNO.7 ,.. O. sib'd' 'N- l 6E CLI /1ra> ❑ /�a�y.,za 0 �► 1 I 1 • e ',' I a m -A • l h\ C o zO.❑ )L-e '''' k 0 . ,.1 N 2k� I (�l�vogidns (00A9 47a71.� 5 77jti� 3 I 1 A09 *)6 i.75* NI ❑ ,Ydb'o' - /6/4W4, 7dyc/sd 76(/1,?1yV 05 G\a ---C7r°T-----_z 7r N N. l(64Vd Cg1oO odi.(4, 1a/ 1\- o Oa 9 / ,£ . wo.7) � i a4c d1lyM tip 3N/7 NO Vl �9P� iY. .�. • • e • ' • • • • • • • 7/Vl7 / OO 2 7 Z F•73' Al a%doYd .► I . ! 7K/1/070 ? w 1 1 9l abed /Ws'kW' I of Permitted Uses (Table 5-1) = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other = Special Exception in that Zoning District (requires advertised public hearings) development requirements = This Use is not permitted in this Zoning District A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 g to the requirements ,d in Article IV) - - - Home Development - - - - - - - - 3 ria. �f1, . �'[i x- w a. ^„J� . � 'S� �nt� Y � �� R a .i' s ��. �1 �� y�� fr, t�1 �''.r, w•e. e7,1 04^74 L .1 Kty. y.:Gf ilo I !�j }t� .,, [.t °; 1 iy 1 � u o I• t ,c,' :ntertainment - - - - shments nce Store - - - - otive Body Repair - - - - - iobile Parking Lot - - - - - - - - - - - - - P P P P labile Repair - - - - - - - - - - - - - S Ali P P labile Sales (New and - - - - - - - - - - - - - S P P - b - - _ - _ - - S P P P labile Service Station - - - - CD - votive Wrecking or Salvage - - - - - - - -- - - - - - - _ P P P P n association with a - - - - i/99 9:44:27 AM AI\ Page 2 Exhibit to Ordinance 99-0II \\gis_docl\planning\ahorne\all_data\ordinanc\borrowpitsexhibitproposedr1tbl5- pc v Page 18 ORDINANNCE NO. .93-06 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING SECTIONS 2-4 (C) (18) , (20) , AND (21) OF ARTICLE II OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING REVISED DEFINITIONS OF AUTOMOBILE REPAIR, AUTOMOTIVE BODY REPAIR, AUTOMOTIVE WRECKING OR SALVAGE YARDS ; AMENDING SECTION 5-3 (B) (14) OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; AMENDING THE DESCRIPTION OF I-2 GENERAL INDUSTRIAL ZONING DISTRICT WITH RESPECT TO AUTOMOTIVE BODY REPAIR AND AUTOMOTIVE WRECKING OR SALVAGE YARDS; AMENDING TABLE 5-1 ENTITLED "USE REGULATIONS" WITH RESPECT TO ZONING DISTRICTS IN WHICH USES FOR AUTOMOTIVE BODY REPAIR, AUTOMOBILE REPAIR, AUTOMOBILE SERVICE STATION, AUTOMOTIVE WRECKING OR SALVAGE YARDS, AND COMMERCIAL CONVENIENCE WITH GAS SALES ARE PERMITTED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS : SECTION 1 . The City Commission of the City of Ocoee has adopt the toauthoritythis Ordinance pursuant to ?rticie VIiI of the State of Florida and Chapters�Y- 163 and 166 , the Constitution of e Florida Statutes . SECTION 2 . Section 2-4 (C) (13 ) of Article II of Chapter 130 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amend :=- - ' s follows : Automobile Repair A use providing for major ob i les such as major mechanical repairs, and may include towing services, and long term storage of operable or inoperable vehicles, but excluding automotive body repair and automotive wrecking or salvage yards . all automobile repair operations shall be conducted in an enclosed building except in an T-1 Restricted Manufacturing and Ware^.cusi ng District. and 1-2 General ndustr is l District. Repairs to large trucks or heavy mechanical equipment shall be Page 19 permitted only • in an .I-2 General Industrial District. SECTION 3 . Section 2-4 (C) (20) of Article II of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: Automotive Body Repair: The repair, rebuilding or reconditioning of the body framework or chassis of motor vehicles , or parts thereof, including collision service, painting and steam cleaning of vehicles, and wherein an automobile service station may also operate_ Automotive Body Repair shall be permitted only in an I-2 General Industrial District. SECTION 4 . Section 2-4 (C) (21) of Article Ii of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows : Automotive Wrecking or Salvage Yards : The dismantling or wrecking of used motor vehicles, mobile homes or other vehicles , or the storage, sale or dumping of such wrecked or dismantled vehicles or parts , which shall be permitted only in an 1-2 General Industrial District. SECTION 5 . Section 5-3 (3) (14) of Article V of Chapter 130 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows : i-2 General Industrial District. This district is primarily intended for wholesale, • storage , warehousing, manufacturing , assembling, automotive body repair, automotive wrecking or salvage yards, and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities . This district is primarily intended for areas shown on the Future Land Use Map as "Heavy Industrial" . 2 11 Page 20 A /1( 7e __Zi--- 5: G 7714 5-/0' (DJ ARTICLE d D. ► Nonconforming Structures. Where a lawful structure exists at the time of passage of this Code whichage d not o be built under the terms of this Code by reason of restrictions on _ be or other characteristics of the structure r tts l location on the lot, such f to the following rrovr'sions y .Q� �� continued so long as it remains otherwise ��61) '�� No such structure may be enl_ arged or al_altered in a way which Increases its nonconformity. CI (2) Should such structure be destroyed by act of nature or man to an extent of or than fifty (50) percent of its value as revealed by an insurance appraisal, be reconstructed except in conformity with the provisions of this Code. (3) Should such structure be moved for s in wr an dhich rt is ocatedistane eafter �s thereafter conform to the re ulatio for the district mo- — E. Nonconforming Uses of Structures. • -at the If a lawful use of a structure, or of structure and premises remis sin rot combination,e allowed insthe di time strict of passage or amendment of this Code, remains under the terms of this Code, the e followingul use may provis provisions: be continued so long otherwise lawful, subject (1) No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed,use o rec the on u ted, moved or structurally altered, except in changing use permitted in the district in which ft is located. (2) Any nonconforming use may be extended throughout any parts of a building which or were manifestly arranged or dessgCed Sh °ror activity shall be extendeduch use at the time of to occupy amendment of this Code, but no any land outside such building. a (3) Any structure, or structure and land nd incobination,use, thereafter conforin or on m to nonconforming use is superseded by permitted the regulations for the district in which resumed such tructure is located, and the nonconforming use may not thereafter be (4) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or an oned f frt4) Stortni�tuC ttve months or for and eighteen (n months during any three-yearperiod, premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which rt is located. (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. F. Repairs and Maintenance. building devoted in whole or in part to any nonconforming use, work may be done On an y in any period of twelve (12) consecutive months oon repairs Pe'xte�t �of exceeding twenty (20) r or replacement of nonbearing walls, fixtures, wiring or plumbing, .,o.r.ont of the latest assessed valuation of the building, provided that the cubical content Page 21 . ARTICLE IV ro sed uses and structures would not violate the health, safety, welfare, (3) Tnep Poof the and/or convenience of those residing,w°th'respec owning land in the vicinity proposed use or structure, specifically The use or structure would not exceed the applicable density or bulk (a) regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings; ar (b) The use or structure would tt impair dedsle triavel of servicen or ) st ndardsent in adjoining streets so as to violate adop (c) The use or structure would not create a fire hazard; lave, vibration, or (d) The use or structure would not result in noise, odor, glare, e line and other similar characteristic which is detectable tthe property which exceeds the level which will result from permitted prevent an adjoining landowner from the (e) The use or structure would °t to this Code; - legal use of his property pursuant The use or structure would not violate a requirement of limitation of any (� applicable state or federal law or regulation, (g) The use or structure would not result in the inadequacy or inability of any public facility or service to meet adopted standards. VARIANCES Q 3 a- 9 / : CArif f,04,J § 4-9 The Board of Adjustment may recommend and the City Commission may grant a variance from the owing ary to the c terms of these regulations when such variance will not be coot these regulations would result interest and here, owing to special conditions, a literal enforcement of the provisions hardship. Such variance shall not be ranted if it has ethe ef ectbof nully City intent udtipurpose of re re ulations. Furthermore, such variance shall not granted A. Application A written a lication 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 improve ensu�N'S Q Improvements ts involvedand which a not applicable to other lands, structures, or required (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; That the special conditions and circumstances do not result from the actions of the (3) applicant; scant any (4) That the granting of the variance requetheses rell gulations t confer on the to otherlands, structures, special privilege that is denied by pre-existin_ required subdivision improvements under similar conditions. No p conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. • tX}t/B/r,# ? Page 22 ARTICLE IV B. Findings The Board of Adjustment shall make findings that the requirements of this section have been met: A public hearing on the proposed variance shall be held. The public hearing may ( ) prior to or simultaneously with the public hearing for approval of the be held Commission public Preliminary Plan. Both the Board of Adjustment and City days before each hearings must be advertised in a newspaper at least seven (7) Y hearing. owners within 300 feet of the subject property must also be notified by All property include mail at least seven (7) days prior to the hearing date. This notice may the information on both the Board o Adjustment the and hearing�information formmission ' tghes rfCiry item goes before both Commissions. st be Commission meeting is not available at the time the notices wners mustebent for the ad Board of Adjustment meeting, a s on n to otice roperty o hearing detailing the meeting time, seven (7) days before the City Commis place, and other particulars. • 2 The Board of Adjustment shall further make a finding thatwould tth reasonsmsoeset.forth in possible the ( ) the application justify the granting of the variance which reasonable use of the land, buildings, or other improvements. (3) The Board of Adjustment shall make further finding that the granting of the variance would be in harmony with the gennrapurpose oar d intent otherwise of be detr these imelntions, will tal to the not be injurious to the surrounding territory, public welfare. C. Board of Adjustment and City Commission Action variance, the Board of Adjustment may prescribe appropriate - In recommending any Commission mayconditions prand safeguards in ons conformity Violation of'th suchese conditionslons and safeguards hen made a may approve such coed 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. § 410 - DEVELOPMENT AGREEMENTS A. Intent and Purposes into Development Agreements are agreemmmiss on cons stent with tts which may be he p ovi sons of actions y a landowner and/or his or her agent and the City Co purposes: 163.3220 through 163.3243, Florida Statutes, for one or more of the following (1) To provide for a longer time period for performance under this Code. f execution of the (2) To guarantee that the regulations existing the development1fore othe duration of the development agreement shall govern agreement, except as specifically restricted herein. ovements (3) To provide for phasing of developmen�s1Cedandoamaintaindlevel of servi er standards including phasing of improvementsq for public facilities. �/ IY#/J/rf$ v/157 //C w Page 23 ..t..3 ,,..;, i.-i„terimp , ._ . ...........:. - ,..... i .,-:, h 4 i 0 mi& n're ara're 03 YK;-9Q.. ciri:tte4.5 !/y60 Wes f CO/O,Y ,es/ D"-e- E 45 T V/EW • _ --`Cz <<_�!t -�- i ',: _ ems:•' ' ` �irf — 13 • q /Z e fis �£" C. w t f � L M t� ''',• •Si t r . 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'+ fi.!y ,.— - _ _ _ - .. 1N _1 L,W//S/T /D- 7 Page 29 P4ge 1 of 1 r �^•a M N.'S1E. • �.:' _ - 4 s�ab� .Y3S€�,�"- +i'�--�-"` r '+car r `'- ;� 4 • I. ,.,rf....--.,..-X-;I,7.'.,..';,E 4.-:.;-"f&Kl--„rzi.'1.o.ae/4'1-J;V="7-.--:..-.-A441,4'f.1.,.'.:%,..'t43-::1.,-,:i:..7-0,.';'-,•;-'....•..',„':--.-..;t-.;-. ';-,.,..y•>i.;.(( • S,- 1, s r::7;;;,:111r. lit IA ':-'' --' ''''.... . - : . :"."46"."-,,„...,.'4; ',:.; ,...............„ ' i . , --' - ...:�� .y — .vim.... -- . J - ""�''wr�" "'r Z r r; "-- 7 .. • -•1;: • -.- ems.. �...eh. ,::f.'*-€t.'wF..._-:`:..t"�ai" "`$ ,s�a;.a'-`':..� .....ux'x...�...> -,.. .. \jf . 1 r\ 4. %/7'th/T /0 --5 . J_ r-- 1 .......1 IN •_ •/_ / r .._ A , Page 30 Page 1 of 1 j '":i 3 j _,„---' '. '.r •` , � �.....w-�..-v-F--^ ,fir - ~ a s.41'' r---- ' ram-': .�'a" w ` • ' •ter s'ji_ h �. E FnMtU =.v. w , .._, ..ems e r 1 l 'rualtX' f h r me%µ G s s fr . a " •ry u. r f ;f f. ' '�c "!'F'7 . 4 � 'P'�K � § { f r l' PE1 4�{ f s _ -Zr-;-1 . z - 1 a, t -- - /ems r ' ##�� < Ypy 4^P- h "......r. k 1f. :4jF f', - `' .5 y,x '" ' �i `' Z '4' ' + y•Fiver.. `. -�� r . 3 ••l vet 1 f .rs F c ".4:t.q,.Z--:^--Pe7 ass- l C` \ \ V EX//M/T /o- a r#,Iii EI2't�Pr1'At1A74 I)i9i 7101 r'A?if Page 31 L71 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, DECEMBER 2, 1999 CALL TO ORDER Chairman Resnik called the meeting to order at 7:30 p.m. The invocation was given by Member Colburn, followed by the Pledge of Allegiance. The roll was called and a quorum was declared present. PRESENT: Chairman Resnik, Vice-Chairman Jensen, Member Colburn, and AIternate Members Savino and Cox. Also present were Zoning Coordinator Harper, Building & Zoning Official Flippen, Capital Projects/Transportation Planner Friel, Assistant City Attorney Cookson, and Clerk/Stenographer Maxwell. ABSENT: Members Almodovar and Tice. APPROVAL OF MINUTES Vice Chairman Jensen, seconded by Member Colburn, moved to approve the Minutes of the November 8, 1999 Board of Adjustment meeting as presented. Motion carried 5-0. OLD BUSINESS Discussion of Decorum In the meeting on November 8, members had discussed how the board would operate but had tabled the issue for later discussion after concluding with the following motion on which no vote was taken: "Member Tice, seconded by Chairman Resnik, moved to allow alternates to participate in all discussion, given the right to vote with an absentee member or a conflict, and to generally follow Robert's Rules of Order, with the emphasis on `generally'." In further discussion, Chairman Resnik said it had been agreed that alternate members could sit with the board, voice their opinions, and vote only in the absence of a member, with Mi Savino the first to vote and Mr. Cox second. It was agreed that a quorum required for a vote would be three. Chairman Resnik, seconded by Vice Chairman Jensen, moved that the City of Ocoee Board of Adjustment follow Robert's Rules of Order. Motion carried 5-0. NEW BUSINESS Case No. 03VR-99 Christensen Family I, Ltd. Zoning Coordinator Harper presented the staff report on behalf of the Building Department. He said the issue was whether or not the Board of Adjustment should recommend approval of the subject variance application the property located at 11460 West Colonial Drive. If approved, the application would permit the following activities: 5TH/8 Page 32 ft - T7 U� Board of Adjustment Regular Meeting Thursday, December 2, 1999 1.) Allow the addition of four (4) automobile repair lifts, under the open-air canopy, where none previously existed. 2.) Allow the placement of the lifts and repair operation within the fifty-foot (50') Colonial Drive Setback. 3.) Allow automotive repair to be conducted outside, not in an enclosed building as required by the Land Development Code, "C-3, General Commercial District". Zoning Coordinator Harper gave a brief history of the case. He stated that the applicant purchased the property in question, installed the lifts without a building permit and no zoning clearance letter was issued. He said Staff recommends against granting the three requested variances per the standards and conditions described by Article IV, Section 4-9, page 18093-18094 of the City of Ocoee's zoning code, finding that: 1) There are no special conditions and circumstances which are peculiar to the subject property and improvements. 2) The subject property's improvements are legal non-conformity which allows for their continued use as a commercial site but with no additional or "new" code violations, which all more modern properties are prohibited from having. 3) That their special conditions and circumstances are the direct result of the Applicant, namely constructing the automotive lifts without first obtaining the correct City of Ocoee permits and clearances. 4) That the granting of the cited variances will confer special privileges, as previously outlined, on the Applicant that no other lands or structures enjoy. A lengthy discussion ensued. Capital Projects/Transportation Planner Friel presented the Planning Department's viewpoint. He stated that the applicant's option is to go through the City of Ocoee's Site Plan Review Process. He stated that this is the process any other land owner in the city goes through if they come into an existing business wanting to make modifications such as the applicant has made. He said in that process the Planning Department would review the project against all of the ordinances on the city books and would work with the applicant to approve a site plan. The plans would be turned over to the Building Department for the applicant to get a building permit. The public hearing was opened. Mr. Marzloff, owner of Atomic Brake & Tire (located on applicant's property), responded to the staff report. He said Mr. Paul Christensen had purchased the property approximately 1 '/z years ago from Mr. Griner. He leased the property back to Mr. Griner up to August of 1999. The Griners used the property for auto repair and the sale 2 XH1'"T The Page 33 Board of Adjustment Regular Meeting Thursday, December 2, 1999 of used tires. The Griners did most of their repair work and tire work outside under the subject canopy. The equipment, tire changer, wheel balancer were permanently stored under the canopy area. He said the two full service. lifts and two tire service lifts were installed without permits but this was not done intentionally. Mr. Marzloff stated that he, his wife, Mr. Christensen, and Code Enforcement Supervisor Simon met in the later part of August 1999, to discuss rules and regulations pertaining to the opening of an automotive and tire repair business in the City of Ocoee prior to applying for an occupational license. He stated that at that time Supervisor Simon did not say anything about prohibiting any form of outside repair work on the_ property. At the time of the meeting, the Griners were still occupying the property, and conducting business outside. He said they were working on cars under the canopies during the meeting with Code Enforcement Supervisor Simon. Mr. Marzloff stated the area in question under the canopy was used for servicing vehicles prior to the land development code becoming law. The Griners have used the area for years prior to the sale to Mr. Christensen. He said the repair area was not expanded, that it was already there since the building was constructed over thirty years ago, making them exempt from the term "expanded" and the use should be grandfathered. After leasing the property, many improvements were made. Mr. Marzloff stated that he has spent well over $75,000 on equipment and if a variance is not granted, it will cause extreme hardship. Mr. Marzloff answered the Board's questions concerning prior research, moving the lifts' location, services to be provided, repairing property, and landscaping. A lengthy discussion ensued. Vice-Chairman Jensen asked if it were possible to remove the canopy in question and place new canopies at another location on the property. Capital Projects/ Transportation Planner Friel said the applicant may go through a Site Plan Review Process.. He said this would be considered a small scale site plan which would not go before the Ocoee City Commission. Discussion ensued. Paul Christensen, 9117 Bay Point Drive, Orlando, 32819 (the applicant and owner of the subject property) stated that he thought the auto repair under the canopies was a continuing use. He further stated that the beautification of the property will continue and said that a lift is not a structure, it is a piece of equipment. As there were no further public comments, the public hearing was closed. Member Colburn, seconded by Vice Chairman Jensen, moved to allow the business to continue with lifts because there is no non-compliance to the Code. M Ea'fI/SIT# //- 3 Page 34 r r i t i � W [ u U Board of Adjustment Regular Meeting Thursday, December 2, 1999 It was the consensus of board members in further discussion that this issue was not pertinent to the case at hand. Member Colburn stated he felt there are special conditions and circumstances which are peculiar to the subject property and improvements. Chairman Resnik stated he felt a reasonable person going into business would go to the municipality where that business was located and find out what needed to be done. Vice-Chairman Jensen and Member Colburn also concurred with Chairman Resnik. Member Colburn, seconded by Vice-Chairman Jensen, moved to recommend that the City Commission find that there is no change in the legal non-conforming use. Motion carried 4-1, with Chairman Resnik voting"no". OTHER BUSINESS - None COMMENTS - None ADJOURNMENT The meeting was adjourned at 8:57 p.m. Clerk/Stenographer Brenda Maxwell Chairman John Resnik 4 ALi/- ' Page 35 ARTICLE II (e) Public: Legally dedicated to-public use and officially accepted by the local government . (250) Street Centerline: The centerline of the street which is located midway between the street right-of-way boundary lines,which may or may not represent the center point of a paved roadway surface. • (251) Street Right-Of-Way Line: The property line between a lot, tract or parcel of land and the abutting street right-of-way. The right-of-way line shall be considered a property line, and all front setback lines and requirements provided in these regulations shall be measured from the street right-of-way line. (252) Structural Addition: An addition to an existing building which requires additional structural or supporting members. t,2tt� (253) Structural Alteration: Any change, except for repair or replacement, In the 1 rx. (v supporting members of a structure, such as bearing walls or partitions, columns, Y S' beams or girders, or any substantial change in the roof or in the exterior walls of i CR �1 EfP' a structure. A'A 41 °� Structure: Anything constructed or erected with a fixed location on the ground or L�� r �t ��' ell, attached to something having a fixed location on the ground. Among other things, D0. S G/� (,` i structures include buildings, mobile homes, walls, fences, billboards and poster f. \ siCii panels. (255) Subdivision: The division or redivision of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land. Subdivision also is the act of redefining boundaries of existing lots or parcels, as well as the act of consolidating existing lots or parcels. When appropriate to the context (as a noun), subdivision is the development created pursuant to the recording of a subdivision plan or plat. The term is intended to include a subdivision of land regardless of the form taken • by the subdivision. (256) Survey, Certified: See: Certified Survey. (257) Swimming Pool: Any constructed pool used for swimming or bathing having a depth exceeding twenty-four (24) inches or a surface area exceeding two hundred - fifty (250) square feet. . (258) Theater: An establishment offering dramatic presentations or showing motion pictures to the general public. (259) Tourist Home: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation. (260) Townhouse: A group of two (2) or more single-family dwellings separated by a space of not more than one (1) inch. The walls or party wall separating the dwelling units of the townhouse shall extend to the roof line of the dwelling and shall have no openings therein. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another. Townhouses are single-family dwelling units. (261) Toxic Materials: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. 031/4-q9: ( rislfei7se�j Pace 36 , INTERGOVERNMENTAL PROGRAMS — Ch.163 — F.S. 1997 ' F,S.1997 "Development permit" includes any building eness of a devel• resources;and to maintain,through orderly growth and a 8))it, zoningmeat subdivision i rezoning, development,the character and stability of present and permit, on pper exception, variance,approval,, or any other, lion of a develop future land use and developmento in this state.empty with subse- (8) It is the intent oht163 3951b u s.that the of chapter pe mitting action the de�e opment of landhaving the effect o f s and federal law, of ss. 163.160of Florid Y g "Governing body" means the board of county g5 55, Laws of Florida, shall not be interpreted to limit (9) the commission or council ies demonstration or restrictshallthe powers of ma recognition al or oof theirficials, commissioners of a broad of an incorporated municipality, or any other chief but shall be interpreted as gov- statutoryr des- and constitutional powers to plan for and reg- erning b�or the combinationof a unit of )of such bodies wheee joint purpose.— slate the use of land. It is,further,the intent of the Leg- ig d may be cited as islature to reconfirm that ss. 163. he1n through aeliza ion of d the provisions of this act is accomplished Isive Planning and 153.3215 have provided and do providee agency" means: in. statutory direction and basis for municipal and county (10)a The"GovernmentalU d States or any department,commis - al of, the officials to carry out their comprehensive planning and (a) al Land and Water land development regulation powers, duties, and Si agency,(b) hi state other instrumentality any meaamentecemmission, reof. 10ht is the purpose re9 It isities. agency, or other instrumentality thereof. 1 the existing role, (9) It the intent of the Legislature that all govern- ag(c) yAn local as defined in sec- of in the mental entities in this state recognize respect j P i- �inor any to department,government, asion, agency,edinthis sec- r of comprehensive cially acknowledged or constitutionallyprotected ri- instrumentality thereof. trol future develop- vate property rights. It is the intent of the Legislature d Anyschool board or other special district, that all rules, ordinances, regulations, and programs authority, r governmental entity. its adoption is nec- adopted under the authority of this act must be devel- 1 means the earth,en water, and above, can preserve and N oped, promulgated, implemented, and applied with (11) "Land"o on the surface, and includes anyair, rove, P resour courage the most 0' sensitivity for private property rights and not be unduly below,or structuresface,customarilyd regardedincludes ay land. resources,consist- restrictive, and property owners must be free fromments "Land use" means the development that has me present handi• a actions by others which would harm their property. Full occurred on the that is proposed problems that may and just compensation or other appropriate relief must bya occurred on thehr land,on theland,development the use that is permitted t of land h their be provided tod any property owner a for a governmentaliseoft or permissible on the land under an adopted ermined of comprehensive hensive plan element or portion thereof, land devel- pre- � action that is determined to be an invalid exercise of the P . f local government V police power which constitutes a taking,as provided byopment plan oriele or a land development code, l- s 1 improve the public p; law. Any such relief must be determined in a judicial the context may indicate. -der, appearance, action. (13) "Local government" means any county or fire prevention,and i NIs== 20,ch.85-55;s.t,ch.93-206. ' municipality. owding of land and � comprehensive plan or plan 163.3164 Definitions. s used in this act: (14) "Local planning agency" means the agency lation; facilitate the ") \ •��.•. of transportation, -•mmission"means the Gover- designated to prepare the creational facilities, 0 nor and the a•inet, and for purposes of this chapter amendments required by this act. means a and services; and the commission purposes of mposingthe sale nctions proority - newspaper published at 1per of eastrolnca weekly"bas s and d protect natural excvideptin s. 1p p en in the vided in s. p oval of the Govfer oar and at action three area withinhe which tage most ct circulates, but does not include a to encourage and here the approval of song municipalities other members of the commission. newspaper intended primarily for members of a particu- id assure coordina-f (2) "Area" in thef jurisdiction" of this act,whether whosefprimaryl or fun ton Sato carryr legal notices,newspaperr a activities of unitsgo al area be underqualifyinggy9 P givenprimarilyto distribute activities of regional this all of the lands lying within the limits of an incor- newspaper that is away accord with applica- porated municipality, lands in and adjacent to incorpo- advertisingrcel of land" means any quantity of land rated municipalities, all unincorporated lands within a (16) "Paat adoptedetcompre- county, p areas comprisingo combinations un unince lands orporated orates its location sand boundaries may be established,which d with such definiteness that status set out in shall e a iacofpo uned municipalities P is designated by its owner or developer as land to be �i h coin r ns be areas of counties. iith comprehensive (3) "Coastal area" means the t within their boundariesor developed au unasit. a unit or which has been used 3reof, prepared and and all coastal municipalities17developed as means an individual,corporation,gov designated coastal by the state land planning agency. (17) "Person" arsons having a '•hat the activities of (4) "Comprehensive plan"meaasd plan that meets ernmnersental agency, ge c association, or trust, estate, trust, part- lemeion and aeop-ns the requirements of ss. 163.3177 or common interest, or any other legal entity. elements or portions (5) "Developer" means any person, including a jointfor a formity with the pro- governmental agency, undertaking any development 125.66(2)"Public a notice" or notice as requiredue) by S. as defined in this act. public notice required it n their interpretation (6) "Development" has the meaning given it in s. thisnpart a e established aso minimum proceduresu notice pro- 3 bep the minimum 380.04. agency" means the agenc` omplish the stated (7) "Development order"means any order granting, cedures.eduresRe Tonal planning ag y" designated"R io the state land planningnvy" agency to exec >f this act; to protect aenying, or granting with conditions an application for (19) 9by il, and economic development permit. 1227 Tit X,i,BI T '/ A �f Page 37 fiCh. 163INTERGOVERNMENTAL PROGRAMS - F.S. 1997 t.I ij cise responsibilities under law in a particular region of to meet the concurrency requirements of this chapter, i the state. and to maintain the integrity of the corridor for transpor- (20) "State land planning agency" means the tation purposes. History.—s.3,ch.75.257;s.49,ch.79-190;s.10,ch.81.167;s.10,ch.83-55; • s.2,ch.85.55;s.3,ch.92-129;s.2,ch.93-206;s.2,ch.95-257;s.22,ch.95-280; I3 (21) "Structure" has the meaning given it by s. s.7,ch.95-310. dr n 0.031(19). A h= nu ue ail n commission" 163.3167 Scope of act,— _# 't means a commission designated by a local govern- (1) The several incorporated municipalities and ;i v�J qq. ment to develop and recommend, to the local govern- counties shall have power and responsibility: ,,� �[ ing body, land development regulations which imple- (a) To plan for their future development and ' � �1f ide ment the adopted comprehensive plan and to review growth. C � land development regulations,or amendments thereto, (b) To adopt and amend comprehensive plans, or for consistency with the adopted plan and report to the elements or portions thereof, to guide their future governing body regarding its findings.The responsibili- development and growth. : ties of the land development regulation commission (c) To implement adopted or amended compre- ,.'3:: , may be performed by the local planning agency. hensive plans by the adoption of appropriate land ; (23) "Land development regulations" means ordi- development regulations or elements thereof. nances enacted by governing bodies for the regulation (d) To establish, support, and maintain administra- R of any aspect of development and includes any local tive instruments and procedures to carry out the provi- government zoning, rezoning, subdivision, building sions and purposes of this act. construction, or sign regulations or any other regula powers and authority set out in this act may be `' y lions controlling the development of land, except that The this definition shall not apply in s. 163.3213. employed by municipalities and counties individually or r-0 (24) "Public facilities" means major capital improve- jointly by mutual agreement in accord with the provi- ments,including,but not limited to,transportation,sani- sions of this act and in such combinations as their corn- tary sewer, solid waste, drainage, potable water, edu- mon interests may dictate and require. - '" cational, parks and recreational, and health systems (2) Each local government shall prepare a compre- and facilities, and spoil disposal sites for maintenance hensive plan of the type and in the manner set out in ;_ dredging located in the intracoastal waterways,except this act or shall prepare amendments to its existing t-.,`< for spoil disposal sites owned or used by ports listed in comprehensive plan to conform it to the requirements s. 403.021(9)(b). r of this part in the manner set out in this part. Each local (25) "Downtown revitalization" means the physical government, in accordance with the procedures in s. z and economic renewal of a central business district of 163.3184, shall submit its complete proposed compre- a community as designated by local government, and hensive plan or its complete comprehensive plan as _..t includes both downtown development and redevelop- proposed to be amended to the state land planning ment. agency by the date specified in the rule adopted by the (26) "Urban redevelopment" means demolition and state land planning agency pursuant to this subsection. ' w•3 reconstruction or substantial renovation of existing The state land planning agency shall, prior to October buildings or infrastructure within urban infill areas or 1, 1987, adopt a schedule of local governments existing urban service areas. required to submit complete proposed comprehensive (27) "Urban infill"means the development of vacant plans or comprehensive plans as proposed to be parcels in otherwise built-up areas where public facili- amended. Such schedule shall specify the exact date twF ties such as sewer systems, roads,schools,and recre- of submission for each local government, shall estab- ation areas are already in place and the average resi- lish equal, staggered submission dates, and shall be dential density is at least five dwelling units per acre, consistent with the following time periods: the average nonresidential intensity is at least a floor (a) Beginning on July 1,1988,and on or before July area ratio of 1.0 and vacant,developable land does not 1, 1990, each county that is required to include a constitute more than 10 percent of the area. coastal management element in its comprehensive _(28) "Projects that promote public transportation" plan and each municipality in such a county; and = means projects that directly affect the provisions of (b) Beginning on July 1,1989,and on or before July public transit, including transit terminals, transit lines 1, 1991, all other counties or municipalities. and routes,separate lanes for the exclusive use of pub lic transit services,transit stops(shelters and stations), Nothing herein shall preclude the state land planning and office buildings or projects that include fixed-rail or agency from permitting by rule a county together with f{4.7 transit terminals as part of the building. each municipality in the county from submitting a pro- .. .. (29) "Existing urban service area" means built-up posed comprehensive plan earlier than the dates areas where public facilities and services such as sew- established in paragraphs (a) and (b). Any county or Itt.€ ° age treatment systems, roads,schools, and recreation municipality that fails to meet the schedule set for sub- areas are already in place. mission of its proposed comprehensive plan by more k,,.•.. "Transportation corridor management" means than 90 days shall be subject to the sanctions _ a -w : (30) P - 'r-'•�•-- the coordination of the planning of designated future described in s.163.3184(11)(a)imposed by the Admin- 'i transportation corridors with land use planning within istration Commission.Notwithstanding the time periods _ '- - and adjacent to the corridor to promote orderly growth, established in this subsection, the state land planning 1228 / - - XXtfi.e,r # ` z z -- - Page 3' ._. Ch.380 LAND AND WATER MANAGEMENT F.S.1997 F.S.1997 CHAPTER 380 cation, variance permitting deve! LAND AND WATER MANAGEMENT , (5) "Downto local governmer PART I ENVIRONMENTAL LAND AND WATER MANAGEMENT(ss.380.012-380.12) - chapter 163 or c PART II COASTAL PLANNING AND MANAGEMENT(ss.380.20-380.27) sibilities by specoordinating,ar PART III FLORIDA COMMUNITIES TRUST(ss. 380.501-380.515) talization, and r area of a city. (6) "Govern (a) The Unr PART I surcharge on admission and overnight sion, agency, o occupancy. (b) This stz ENVIRONMENTAL LAND AND 380.07 Florida Land and Water Adjudicatory Corn- agency, or othe WATER MANAGEMENT mission. (c) Any Ion 380.08 Protection of landowners' rights. ter, or any dep 380.012 Short title. 380.085 Judicial review relating to permits and instrumentality 380.021 Purpose. licenses. (d) Any sc 380.031 Definitions. 380.11 Enforcement; procedures; remedies. authority, or ot` 380.032 State land planning agency; powers and 380.12 Rights unaffected by ch. 75-22. (7) "Land" duties. below, or on t- 380.04 Definition of development. 380.012 Short title.-'Sections 380.012-380.10 ments or strut 380.045 Resource planning and management corn- shall be known and may be cited as"The Florida Env-. (8) "Land c mittees; objectives; procedures. ronmental Land and Water Management Act of 1972.' zoning, subdi• 380.05 Areas of critical state concern. History,-s.1,ch.72-317. controlling the 380.051 Coordinated agency review; Florida Keys Note.-Section 4,ch.80-313.380.09 was repealed by s. 124, ch. 77.104; s.38010 e1 (9) "Land ' repeated by S. area. occurred on la 380.055 Big Cypress Area. 380.021 Purpose.-It is the legislative intent that,in (10) "Local 380.0551 Green Swamp Area;designation as area of order to protect the natural resources and environment - local compre` critical state concern. of this state as provided in s.7,Art. II of the State Con- thereof prepar 380.0552 Florida Keys Area; protection and designa- stitution, ensure a water management system that will Local Govern: tion as area of critical state concern. reverse the deterioration of water quality and provide Development 380.0555 Apalachicola Bay Area;protection and des- optimum utilization of our limited water resources,facil- • (11) "Loca' ignation as area of critical state concern. itate orderly and well-planned development, and pro- municipality a- 380.0558 Coral reef restoration. tect the health,welfare, safety, and quality of life of the ing board. 380.06 Developments of regional impact. residents of this state, it is necessary adequately to (12) "Major 380.061 The Florida Quality Developments pro- plan for and guide growth and development within this facility of mors gram. state. In order to accomplish these purposes, it is nec- (13) "Parce 380.065 Certification of local government review of essary that the state establish land and water manage- capable of be development. ment policies to guide and coordinate local decisions its location ar. 380.0651 Statewide guidelines and standards. relating to growth and development; that such stale is designated 380.0661 Legislative intent. land and water management policies should, to the used or deve! 380.0662 Definitions. maximum possible extent, be implemented by local developed as 380.0663 Land authority; creation, membership, governments through existing processes for the guid- -• (14) "Persc • expenses. ance of growth and development;and that all the exist- ernmental ac 380.0664 Quorum; voting; meetings. ing rights of private property be preserved in accord nership, assc 380.0665 Executive director; agents and employees. with the constitutions of this state and of the United joint or comrr 380.0666 Powers of land authority. States. (15) "Regic 'x 380.0667 Advisory committee; acquisitions. Htetory.-s.2,ch.72.317. designated b 380.0668 Bonds; purpose, terms, approval, limita- cise respons (`. tions. 380.031 Definitions.-As used in this chapter: region of the . 380.0669 State and local government liability on (1) "Administration commission" or "commission (16) "Rule bonds. means the Governor and the Cabinet;and for purposes 120. 380.0671 Annual report. of this chapter the commission shall act on a simple (17) "State k 380.0672 Conflicts of interest. majority. prehensive s 380.0673 Exemption from taxes and eligibility as (2) "Developer" means any person, including a ting forth sta'. r investment. governmental agency, undertaking any development . ,- (18) "Sta t k380.0674 Corporate existence. as defined in this chapter. = Department< 4 s 380.0675 Inconsistent provisions of other laws super- (3) "Development order"means any order granting to in this par y seded. denying, or granting with conditions an application icr (19) "Stn. 380.0677 Green Swamp Land Authority. a development permit. installed, or i ' 380.0685 State park in area of critical state concern (4) "Development permit" includes any building _ tion on a par 3 in county which creates land authority; permit,zoning permit,plat approval,or rezoning,certif). while it is loc 1674 0 31/,- 9 9 C ri s f e17--f efr �A -3 Page 39 Ch.380 Y-` LAND AND WATER MANAGEMENT F.S.1957 FS.1997 -;;,_; chapter. poses either temporarily or permanently.im"St pools,ture ":: a5on, variance, or other action having the effect of ing, business, commercial, agricultural, or office pur- ye(5) elopment as defined In thisp '_;r (5) "Downtown development authority" means a also includes fences, billboards, teal governmental agency established under part III of poles, pipelines,transmission lines,tracks, and adver- 380.12) planning and management commsir- ',; chapter 163 or created with similar powers and respon- tising signs. ') .rt ssy special act for the purpose of planning, (20) "Resource t- sbilydin in P = r; �ordinating, and assisting in the of la specif•ct downtown suant to s 3380203 5meahs a 73ommntte a appointed' ch.83.3oe;:. `'t-. re aof a and redevelopmentHistory. 41,ch.e5-55. Lea of a city. and (6) "Governmental agency" means: (a) The United States or any department, commis 380.032 State land planning agency; powers have the duties.—The state land planning agency ssion and overnight l•' 4on,agency, or other instrumentality thereof; power and the duty to: (b) This state or any department, commission, :r Ad udi ato enc , or other instrumentality thereof; P (1) Exercise general supervision of the administra- c Coo tion and enforcement of this act and all rules and regu- i ry �(c) yAny local government, as defined in this chap- de artment, commission, agency, or other lations promulgated hereunder. ars' rights. ter,or any P (2)(a) Adopt or modify rules to carry out the intent ing to permits and Fstrumentality thereof; and purposesof this act.Such rules shall be consistent (d) Any of school board governmental other special district, with ture provisions of ct. uct. h. remedies. __ au(7orit" n other nsth ar , weater,ity. (b) Within 20 days following adoption,any substan- tially:h. 380. (7) "Land" means the earth, water, and air proOVe affected party y may initiate review of any rule below, or on the surface, and includes any imp ens Floridari 380.1 D * menu or structures customarily regarded as land. adopted by the state land planning agency interpreting 3s'The Fl Envi• (8) "Land development regulations" inciud Cations the guidelines and standards by filing a request for e local dement Act of 1972." zoning, subdivision, building, and other reg review with the Administration Commissiona cy dFilingna controlling(9 "Land development" means of land. a copy on the state land planning 9 q,ch. »-1oq; s. 3ao.10.n� request for review shall stay the of the cu use" the development that has rule pending a decision by the Administration effectiveness of th Commis- --: on val and. means anyor all pies ande intent that,In talc "Local comprehensive plan" sion. Within 45 days following receipt of a request for :es environment i teal comprehensive plans or elements or portions review, the commission shall either reject the rule or Coin rehensive Planning and Land approve the rule, with or ree ithout mo ifanyica ion. landowner,'. II of the State Con- thereof prepared,adopted,or amended pursuant to the Enter into agWqut system that ide Local Government P (3) as ma be neces,ulation Act, as amended. develo er, or governmental agency Yater rey u c provide D(11) Loct l gg Y y p ntal age and pmayses a this ielo resources,fpro- (11) "Local ,where elev mean an count or sa to effectuate the p✓elopment, and pro • - municipality and,where relevant, any joint airport zon act or any rules promulgated hereunder. d quality of life of the ing board. History.—s.1,ch.77-215;S.2,ch.60.313;s.42,ch.85-55. ssary adequately to (12) "Major public facility"means any publicly owned 380.04 Definition of development.— 'elopment within this facility of more than local significance• of land (13) "Parcel of land" means any quantity that (1) The terme "developm ping means stthe he the making purposes, it is neC described with such definitenessof any building gappearance of any 1 and water manage - -capable of being be established,which Hate local such decisions s location and boundaries may P sf any meatoerialr change o to in theid e or into three or u edsi Hated p its owner or developer as land to be ent; that state gmore parcels. licies should, to the _ . used or developed as a unit which has been used or (2) The following activities or uses shall be taken developed s a unit. tplemented by local r- for the purposes of this chapter to involve "develop - preserved and thatha fora the gust- nm tal agency,means ina individual,corporation,trust, part mr the as defined inf this chapter all the exist- = ernmental business trust, estate, trust, part- preserved in accordnership, other legal entity. (a) A reconstruction, alteration of the a structure,or mate- } association, two or more persons having a rial change in the external ape e and of the United joint orcommon interest, or any means the agency (15) "Regional planning agency" land. this chapter in a (d. A change in the intensity of use of land,such as 0-1 designated by the state land planning agency particulart exer- else responsibilities under Pan increase in the number of dwelling units in a struc- i in this chapter: region "Rule"state.eans a rule adopted under chapter Lure or on land or a material increase in the number of lit" or "commission' (16) businesses, manufacturing establishments, offices, or yet;and for purposes 120. dwelling units in a structure or on land. hall act on a simple - (17) "State land development plan" means a corn- (c) Alterationuitsin a shore or bank of a seacoast, portion thereof set- or canal, including any prehensive statewide plan or any river, stream, lake, pond, person, including a ling forth state land development policies. "coastalns the construction" as defined in s. 161.021. 1g any development ``0 (18) "State land planning agency" bereferred (d) Commencement of drilling,except to obtain soil Department of Community Affairs and may samples, mining, or excavation on a parcel of land. s any order granting, to in this part t the"department." (e) Demolition of a structure. its an application for f Clearing of land as an adjunct of construction. Structure" means anything constructed, insta led, ors p1e, the use of which requires a iota () De Deposit of refuse,solid or liquid waste,or fill on eludes any building • lion on a parcel of land. It includes a movable structure terce) l epland. il,or rezoning,certifi- while it is located on land which can be used for hous- a p y tl 1..1 1/ i "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee o CITY OF O C O E E COMMISSIONERS pi DANNY HOWELL ' t a 150 N.LAKESHORE DRIVE SCOTT ANDERSON v o OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON �'E �,, ?v (407)656-2322 NANCY J.PARKER yF"? Of G 000`.••` CITY MANAGER ELLIS SHAPIRO MEMORANDUM TO: Don Flippen, Building and Zoning Official FROM: Brad Friel, Capital Projects /Transportation Planner THROUGH: Russ Wagner, Director of Planning jce. 49/%>. DATE: November 23, 1999 SUBJECT: Variance Application 03VR:Christensen - 11460 West Colonial Drive At your request I have reviewed your Staff Report regarding the variance application referenced above. The following comments are based on this review: As mentioned in your staff report, the construction of the four automotive repair lifts would require that the entire site and improvements be brought into compliance with the existing standards via the Site Plan Review process. As you know this property is located within the State Road 50 Activity Center and therefore, must comply not only with the Land Development Code but with the provisions of the State Road 50 Activity Center Plan, the Commercial and Industrial Development Standards and the State Road 50 Access Management Plan. Although I have attached a copy of Ordinance Number 99-23 (the Commercial and Industrial Development Standards) for the Board of Adjustment's information, I have listed several of the standards that would applied during the review process. Because of the quick turnaround time and the fact that there is no site plan to react to, the following list is not inclusive but intended to convey the areas that the Planning Department would review as part of a Site Plan Review. • Site Design Standards to include; building set backs, open areas access locations, cross access, parking lot configurations, restrictions regarding the parking of commercial and recreational vehicles, sidewalks and pedestrian connections, bicycle and transit facilities, design of storage and service areas, screening of equipment and work areas, stormwater facilities, and utilities. • Landscape Design Standards to include; landscape areas, landscape buffers for public streets and between parcels, parking lot landscaping, plant materials types and sizes, and site lighting. • Building Design Standards to include; architectural cohesiveness, size and mass of building, exterior materials color and design, and accessory and special building uses. PoWf, erntort(trnee'c Mlater RvSnuIteS r.�= Don Flippen,Building and Zoning Official Page 2 • Signage Design Standards to include; prohibited signs, free standing signs, wall signs, sign form and color. Although the above list is not comprehensive, it should convey the need to deny the applicant's request for variances. As stated in your memo, the building, parking lot and other improvements are legal non-conforming uses. Since the applicant has enlarged, extended or expanded the use, the entire site and improvements should be brought into compliance via the Site Plan Review process. Please call me at ext. 129, If you have any questions regarding these comments. Attachment \\Police_firel\planning\CALEXANDERWLL_DATA\CAPDFILE\Memorandums\MFP 1999\MFP99275.doc PAINT' ORDINANCE NO. 99-23 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO COMMERCIAL AND INDUSTRIAL DEVELOPMENT STANDARDS; OFAMEN TITDDIGE THE PROVISIONS OF CHAPTER OF ORDINANCES OF THE CITY 4 OF ARTICLE VI TO ESFTABLISH LLOWS: CREATING SECTION 6 1 ABLISH DEVELOPMENT STANDARDS WITHIN PROFESSIONAL OFFICES AND SERVICES, COMMERCIAL, AND INDUSTRIAL ZONING DISTRICTS, AND AMENDING SECTION 5-3.2 AND EXHIBIT "B" THERETO OF ATIOLS TICLE V TO DELETE PRIVATE AREA SPECIAL RE AND PUBLIC AREA SPECIAL REGULATIONS _FROM THE OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIALDEVELOPMENT PLAN; PROVIDING FOR S PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to establish • development standards applicable to all property located within professional office, service, comm ercial and industrial zoning districts and to all property approved for professional office, , service, commercial, and industrial uses within Planned Unit Development zoning districts (the "Development Standards") and; WHEREAS, the establishment of the Development Standards renders the Private Area Special Regulations and the Public Area Special Regulations set forth in the Ocoee State Road 50 Special Development Plan unnecessary. NOW, THEREFORE, BE IT ENACTED 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. Section 6-14 of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted to read as set forth in Exhibit "1" attached hereto and by this reference incorporated herein. SECTION 3. Section 5-3.2 of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as set forth in Exhibit "2" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION 4. Section V entitled "Private Area Special Regulations" and Section VI entitled "Public Area Special Regulations", both of Exhibit "B" to Section 5-3.2 of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee which is entitled Ocoee State Road 50 Activity Center Special Development Plan (as adopted by Ordinance 98- 12), are hereby deleted in their entirety. The Table of Contents of said Exhibit "B" to Section 5-3.2 is hereby amended to reflect the deletion of said Sections V and VI. SECTION 5. Section IV.C. of Exhibit "B" to Section 5-3.2 of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, which Exhibit "B" is entitled Ocoee State Road 50 Activity Center Special Development Plan (as adopted by Ordinance No. 98-12), is hereby amended to read as set forth in Exhibit "3" attached hereto and by this reference incorporated herein (with additions underlined and deletions stricken). SECTION 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. -,PASSED AND ADOPTED this ) day of ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA J Grafton, City C ' k S. Scott Vandergrift, Mayor (SEAL) ADVERTISEDrIay 9 & 23 , 1999 READ FIRST TIME May 18 , 1999 READ SECOND TIME AND ADOPTED 1/u6- i , 1999 UNDER AGENDA HEM NO. FOR USE AND RELIANCE ONLY BY 'i'tJJ CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this I day of .3 U►^ . ,1999. FOLEY & LARDNER By: ed e City Attorney Exhibit "1 " to Ordinance No. 99-23 Addendum to Article VI Table of Contents Page Number 18174.14 h.Storage Areas and Site Utilities 18174.14 i. Site Lighting 18174.15 j. Irrictatio, nand Maintenance 18174.15 3. PLANT MATERIAL LIST 18174.15 a.Shade Trees 18174.16 b.UnderstorY/Ornamental Trees 18174.16 c.Understo /Ornamental Trees(Palmsl 18174.16 d.Lawns 18174.16 e.AD roved Aquatic Plant Material List_ 18174.17 f. Shrubs and Groundcovers . 18174.18 4.BUILDING DESIGN STANDARDS 18174.18 a.Architectural Cohesiveness 18174.19 b. Size and Mass of Buildings 18174.19 c. Floor Area Ratios 18174.19 d. Exterior Materials 18174.19 e. Exterior Design 18174.20 f. Building Colors 18174.20 g. Hei ht of Buildings 18174.20 h. Equipment Screening 18174.20 I. Access° and Spedal Buildin Uses 18174.21 5.SIGNAGE DESIGN STANDARDS .• 18174.21 a. Prohibited Signs 18174.21 b. Permitted Signs • 18174.21 c.Free-standing Ground Signs 18174.22 d.Wall Signs 18174.23 e.Arcade Signs 18174.23 f. ProiectinQ Sic n_s 18174.23 Si 18174.24 h.Commercial/Industrial Business Center Signs 18174 24 i. Sign Form and Color Exhibit"1" § 6 14 Commercial and Industrial Development Regulations A. Introduction. ink of a uni The commercial and industrial areas of Ocoee create the'visible �ice.mmunity s service,commercial. and ndustriai a as along the envision the properties that they visit most often,i.e.,professional ma'or thoroughfares. As such. the ma'or thorou hfares and a dace fiedrowithin ��e�e Compreh deserve ensive ve Plan. thal attention e City reco°n zeom the Ci s landowners/develo ers. In addition to Special Overla Areas uni ue opportunities and constraints that must be addresseda dustriato mu°ses. Accordael elopment approach for hiati standards to uperade develoemen uses such as rofessional office service commercial within professional office service commercial and industrial areas are needed to ensure°uality development throughout the community. ercial and ndustrial "Professional office service commercial and industrial areas" and " roesin sional office d districts: P S ProfceetsonzmG ces andlServices roiects"shall mean and refer to all lands located within the followinzon District: C-1 Nei hborhood Shopping District C-2 Community Commndusltriais District: andandneral rofessional Ir of^ncels service Restricted ManufactudO and Warehousin District I-2 General commercial and industrial uses within PUD zoning districts. is strinon shall ad ent standardstarel do ed by the Cof the above ereCommission districts provided however that in the event more specific or more in a PUD Land Use Plan or S ecial Oveda Area the more specificn eooe l. is is more Land DeloDmen n standards tshall Code applied to all rofessionals Section intended to suo lement the other desi n standards s ified professional office service commercial and industrial pro'ects. B. Statement of Intent. The Ci of Ocoee reco nizes the tends) for urban scrawl s t nc ocomial development t and creates and n visual u owl clutter urban alone itsn thorou hfares. The Ci intends to avoid this outcome because Instead the Ci intends to ensure distinctive uali int railed development Areas. The City anin all rofessional ceap service commercial and industrial areas within the communi includin ainnova urban environment that invites eo le to con re ate encoura ultiple for the efficient deiies oftransof City services. in ordetir to deli nspromotes mixed-or multiple-use develo merits and rovide s achieve this outcome the followin oafs are established to uide rofessional office service commercial and industrial development: 1. Ensure distinctive uali inte rated development in rofessional office service commercial. and industrial areas. a. Create a uni ue and attractive atmos here that invites o le to con re ate. b. Set strict buildin desi n criteria to ensure uni ue and visual) aopealin buildin s. c. Establish a safe en'o able environment for estrians motorists and c ciists. d. Create a visuail coherent develo merit attem that relates to the human scale. 1 Q1'1A 1 Ocoee's basic design approach is to integrate uses and buildings.create places for people. and eliminate typical segreaated car oriented oroiects. Together, these concepts can be applied to professional office, service, commercial. and industrial areas to help realize a different type of develooment that acknowledges a sense of community pride.The combined impact of a coordinated development scenario. critical road connections, secondary connections, pedestrian! bicycle facilities, recreational trails. and gateway intersections will improve the quality of life within the City. The Commercial and Industrial Development Regulations seek to link the diversity of uses natural features,and neighborhoods into the overall development pattern with professional office,service,commercial,and industrial areas to create a unioue sense-of-place. The pages that follow include the Private Property Regulations and the Public Prooertv Regulations. Together. these two sets of regulations are designed to implement the statement of intent and design approach for professional office, service, commercial. and industrial areas. Wnere inconsistencies or Questions arise reaarding the implementation of the Commercial and Industrial Develooment Regulations or other Land Development Code reouirements, the text above and particularly the statement of intent shall provide direction for the Director of Planning in making a determination and resolving the inconsistency whose administative interpretations may be appealed to the Development Review Committee. In the event a person disagrees with an interpretation or decision made by the Director of Planning, then they may reauest a meeting of the Development Review Committee which will be held within 7 working days from the date of receipt of a written request. All such appeals shall be filed with the Director of Planning, The Development Review Committee may overrule or modify the interpretation or decision made by the Director of Planning. • C. Private Property Regulations The followina private property regulations are intended to help create an aesthetically-pleasing, safe,unique, and sustainable develooment pattern that enhances the experience of pedestrians,motorists, and cyclists within professional office, service, commercial, and industrial areas. All other reaulations of the Ocoee Land Development Code shall apply except where the Commercial and Industrial Development Regulations imoose a greater or more stringent requirement. Notwithstanding any provision in the Land Development Code to the contrary,the Director of Planning shall interpret all issues related to potential conflicts between these Commercial and Industrial Development Regulations and the Ocoee Land Develooment Code after consultation with the City Staff, as appropriate,whose administrative interoretations may be appealed to the Development Review Committee. In the event a person disagrees with an interpretation or decision made by the Director of Planning.then they may reauest a meeting of the Development Review Committee which will be held within 7 working days from the date of receipt of a written request. All such appeals shall be filed with the Director of Planning. The Development Review Committee may overrule or modify the interpretation or decision made by the Director of Planning, The Ocoee=City Commission. at its sole discretion,may waive provisions within the Ocoee Land Development Code,Ocoee City Code, and Commercial and Industrial Regulations within any project if it is: (1) part of an integrated and master planned development; (2)compatible with surrounding developments; 3) imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district; and/or(4)provides an off-setting public benefit which is technically sound and measurable. The Ocoee Comprehensive Plan contains enabling language providing incentives to encourage mixed- and multiple-use projects and high Quality integrated development patterns. These landowner/developer incentives may be negotiated to modify individual standard requirements of the Land Development Code and City Code provided that a balanced development scenario is afforded. The development scenario will benefit both the landowner/developer and the City and result from an agreed upon development pattern. Although mixed-and multiple uses are encouraged,it is not the intent of this Section to modify the predominant underlying land use or zoning patterns,but rather to encourage appropriate mixtures of uses that do not increase the overall impact of development to surroundingproperties or the community in general. b. ed to Out arcels - Ou arcels and individual cbtusitdns shall that bein dress n and cross conn:c Vohs establish ahlcoordinated ahem of uses and create a sense of a master planned development. vj o cure th cal subdivisions omearcels shall be h located `a e set back from ` : '.. (I) obscure the vieyr of lather commercial structure • .�:� _.�. . : :. the row V ii O • .� I/,� restricted to no more than 50/o of the linear _�.1 �. tanned commercial development or subdivision. I outoarcels shall be connected to the main commercial tract and ` (iii) A] 1^, + - � .�, , interconnected vrilh each other and ad'oinin arcels for vehicular and . I - _ --T pedestrian travel (sew Fi ure 2 v No more than tyro outoarcels wit sin the same !armed development an Figure 2 (I ) nda street abut each other alon° prima or seco number of ou arcels ma front on intemal streets within a commercial _ subdi_ v_ (v) No out arcel lot shall be less than one acre in size. c. Buildino pe_O Areas ='10'minimum l i A minimum 10 foot wide ooen area shall be re uired around aleasbuildin and to " O buildin complexes to separate structures .-.� . accommodate landscapin . This area shall be landsca ed as outlined in Section 2 Landscape Desipn Standards (Fi ua re 31 ned such as at (ii) In cases where a 10 foot wide open area cannndbe maintaamounit of space shall i.ii:......v."..: _�Oentrances and loadin areas then a comesi ;be added to the surounding building o enarea. - • .., ns d. •Traffic Access and Circulation-Traffic access and de forcuoedestria tierconnections.l e i .. } _[_- [ coordinated between adjoining sites and cross access and sound access � _ Traffic tans will romote pint access -� , management pnnapals, e Com rehensive Plan 1 _. (i) In eneral tans will be consisasteent WPlathe Ocoe and the Ocoee Transportation M F iabul'e 3 (ii) Traffic calmin devices shall be wal occur.°Th S will ithe nclude round- Ian si nificant edestrian/vehicular conflicts abouts at selected intersections and drive-wa bump-outs at main buildin entrances to slow traffic and improve edo e is in a manner to rovide for (iii) Pro e owners/developers shall Ian im rove • future street widenin sand street extensions vror'�cons scent wiat are th torovis ons the functionin of the overall row within the Ocoee Transportation Master Plan and all Special Area Dever eat Plans. (iv) Each ro•ect shall be reviewed for co s u d napa an exes eat u ses to ensure that ade uate traffic operatic Cross-access between ad'acent arcels shall be re wired to alloy F ;, (iii) Cross shared access to ublic treets ncreasin access cations and _ minimizin congestion on local roads. i - • _ '_ _ Par'icin4 areas and drivev+a‘sr shall =-=. ::!,=_°.• :: -;;= =� `, ::_: .; �•, and Drivewa s zt ' _ s' =--'_ �` '__- f. Location of Parkin --,-rT�,;.,,,w:_. -•_ ical ahem of edestrian access traffic flow ^a �, _ be des! Wed to establish a I o connections between buildin entrances = :-y= ;• ,;:,._,. ' �-.� and arkin lots with co sidewalks visibl and adjacent -� roads a s aces ` -`="T `__. "-: -� ` rkina arkin to entrances 4 '� y.�- _a .-. (i) Mixed-use developments be shovm that ad'acentuses have different beak _link 5�eet access ^ re uirements if it can ( arkin demands and oarkina can be shared effective) . t i rkin is : ii For buildin s of less than 25 000 s.f. "street Wahl of v+avf nafron of �I, ---- - O allowed ad'acent to ublic and ovate f-' ;. .�G, the buildin F t� _ ',.R;;� � !_ (iii) Large surface automobile arkin lots shall b vfisuali and functional) se mented into several smaller lots and comorehensivel (; / -S' desi Wed to accommodate landscaoin and dnstrimoCO connections. 200 . . � ::��=•• ' - _ ' Asa eneral rinciole parkin areas contain � . �^ " s aces shall be visuals and functional) seamen ed as smaller lots. s , see Fi ure 5 i :`r..:ou shall take into consideration edestrian circulation. L-=---•— '". _ I (iv) arkin lot la - Pedestrian crosswalks shall nag sand shall be inteara d into the wider network of edestna and Figure 4 (v) in an• • d driv lac sen0°arkint frlots shall be II be tanned toimnim ze the design and lacem -�' "t* 2 ' its finance. = - visual dam shall have r=' �-.�;�� •��. scale ve linear i - y_45 :,•. �:v �- l�adin into ar'�cin lots sha � ��;:- -�:�� - •` --��1,,.:-� _� n roads le e d affic aisle and shall � -Z (vi) M their ten o define the have n oe islands par th f. 2= �0>,41 tr `�'' -- sin the drive direct) . These islands �4� � �;..•. �w -.�.,,s;�f�z have no oarkino spaces acres 5 t, -d -;,, _1<_ shall be a minimum width of 8 feet back of curb to back o�curb. see ',� s _ Figure 5 " ,- a� .. : utiliz d where ractical at least eve : - - islands will be `='' =='�= `:'•ate,= (vii)Linear landscape .e� ? _ third arkin ba as a eecorative tr atmen and to direct traffic flow in r : -- =- arkin lots. see Fi ur wii An ad ua a vehicle stackin area free of eonflictin drivewa s or smal►dcfintalors~` ( ) rind al driv wa s leadin out of a «'t arkin spa s will be re wired on . eak traf^nc characteristics. l '' -: . ro'ectbased on 1=�:=�.�•: �• t _ 6ix) arkin to entrances will no be directed into head-in arkin �� confi urations to minimize conflicts. :,.� ••:_-��: (x) I arkin lots and drivewa s will have dears defined crosswalks at r. 'i- �. j pints of ma or in ress 1 ress. J ; !% l endicular to the buildin �� }" I �• inatel laid ou , ' .. o (xi) Parkin will be redom � " •'�� `�� and in emal estr!an walkwa s shall be into ra ed to rovide a � ��.; safe walkin environment. (xii) arkin s aces tha ad'oin a landscaped feetarea wide.ma be 18 feet deep so w escape ii on as the ad'acent traffic aisle is 24 Figure 5 (ii) Sidewalks shall be built alona all public streets to facilitate direct r :1.;;: r ,j_ pedestrian connections from surrounding neighborhoods and = �.�.: -; : �<.-r :-- - s y �'�'� is: .- .:" - adjacent development. These sidewalks shall be 6 feet wide, located i,_ ° ;;�^ , �,-5:=�±; .�. tea- . . t::, ..i between the curb of all adjacent roadways and the backside of the e:>-� v"=u. �t~[�s; landscape buffer. '. rr_- •'a r3�� 3 aKr (iii) Each larae scale project 25,000 s.f. in area or oreater shall provide a _1 r=` .- '- k; seating area for pedestrians along the portion of sidewalk which frontsF-�-^= r- .- • "~•±z the tract. The surface of the seatina area shall be constructed of ^ = ;`,�=.;a.^�� ,_-,�' ZI c _i .ram... /<�.r_.=:.::�rc�s: concrete or decorative pavers.A bench and trash receptacle shall be provided at these seating areas.(see Figure 7) J V 11+�=i'D (iv) Benches and trash receptacles shall be provided and located at the .,.-- ri. ' entrance to each buildino and within pedestrian areas situated along r,' '' :45kisi the main facade of buildinos. _i. Bicycle and Transit Facilities - Individual projects shall create a safe Q. ,,:, enjoyable environment for pedestrians,motorists. cyclists,and encourage " _ - — -' . -31* - Y transit ridership. (i) All projects shall accommodate bike and pedestrian facilities. - -W,r ~f • • (ii) Bike racks shall be provided on each site at or near building ;. entrances. L' ;`.� .4. �'�*� �z > .. r, .-,'.'1I..y-•.'l f' •aZ f.n -,-'a.- ,..;?.:i.' iri Large scale complexes_(exceeding 25,000 square feet in area) shall `--.. �- - -,.; designate transit access points and pick uo areas on site, if '-4 =� A.,1_. '�1 l determined to be necessary by the City or LYNX. - : `— - ""`- SA ^..-.' :;r�":::•.. :a '''!'c.''.%i,-LV-TZZ .J.J (iv) New commercial uses totaling more than 100,000 square feet g.l.a., multifamily uses with more than 300 units, and office uses totaling y s": J � F. ♦ham^'•._ more than 50,000 sauare feet g.l.a. shall provide for future transit r. s stops,if determined to be necessary_by the City or LYNX. _-� t '. _. . `�t.J_ (v) Transit stops located to a site shall have a direct sidewalk s--: c ttL, ' P adjacent �� i -;��?? ram .� connection to the front entrance of any adjoining building. = ` ' ='-,' ' _..,. j. Storage and Service Areas - All service areas shall be designed and - A. �f ', '="�'"� ' `R located so as to be unobtrusive and architecturally integrated into the �. �._ • : - building's overall design. All infrastructure, pipes, equipment_ and other - �`= =-I st. =-v. ,,. mechanical equipment shall be disguised or camouflaged to ensure tr= �a : 'I`1.` ;1 :f� a •;if-• 3 unique and visually appealing buildings and projects. ?' _�"�,• ! .' -. (i) Service, delivery. and dumoster areas must be located to minimize `• �'�''`�l�` ''�= •', visibility from adjacent streets and adjacent properties. �_T�;••-; = '^D "'` 1. i.... lit 1,.f1.� (ii) Service, delivery, and dumoster areas shall be located at the rear or ,, ,-.-• �.�� .,,�_ side of the buildinq_and substantially screened with masonry walls and .r- _ �� h�.=.� opaque landscaping. r (vi) Master stormwater manaaement systems shall be incorporated within all projects where physically practical. Open space areas for individual parcels within a planned project containing a master stormwater system may be reduced to 20% if all other buffer and landscape requirements are met. and a maximum 70% impervious area is maintained within the entire project. (vii) Individual stormwater management ponds shall not be permitted on lots or parcels of less than 5 acres in size. (viii) The City encourages the use of shared master stormwater ponds between adjoining developments to create site amenities which enhance the visual attractiveness of a site and to provide buffers from adjoining streets. In no case, however, shall individual development parcels be permitted to have pervious and open space areas reduced to less than 20%of the site. m. Utilities (i) All water and sanitary sewer facilities shall be installed in accordance with City utility master plans indudinci provisions for up-sizino certain trunk lines placed within or adiacent to project boundaries subiect to standard City cost-sharing policies. (ii) Projects shall be designed to minimize the need for lift stations. Where required, sanitary sewer systems shall be desianed to facilitate the installation of master lift stations which will serve multiple users in the most economical manner practical. All lift stations shall be adequately screened and located as inconsoicuously as possible on the site. (iii) In accordance with Chapter 174 of the City Code of Ordinances, all projects shall tie into the City's effluent re-use disposal system and incorporate it as part of the landscape irrigation package. where appropriate. I electric. cable, and telephone lines located on-site and along intemal roadways shall be buried and shall be located to minimize conflicts with on-site landscape materials. dip All below ground utilities shall be located to minimize conflicts with on- site landscape materials and to promote ease of maintenance. 18174.11 (ii) The reauired buffer alona streets shall include a berm ranaing in heiaht from 1 to 2 feet maintaining a 2 foot heiaht for at least 40%of twa the overall length. The course and base of the berm shall meander .•. -1 '. whenever possible and have side slopes no areater than 4:1. (seert Figure 9) ;f ';it:1 4 (iii) Shrubs and roundcovers shall comprise at least 30%of the r uired :�•` tf il,'-0 ' buffer area, and shall form a continuous 3 foot hiah landscape screen < < t:. aubs.1::. cva ad pining drivewa s and parrcing areas. SweetVbumum shall be C. ,•,.L•- _i _ •;-. , used as the prima screeninct Inane (see Figure 91 i 1 (iv) The minimum 25 foot buffer may be reduced to 15 feet in selected G �' instances where determined to be appropriate by the City if shrubs : (:M and roundcovers comprise at least 75% of the r uired buffer area. ! 1 -.:ll (see Figure 91 • `�1.-:.1 •i ,�' rl \ it-. , c. Landscape Buffers Betrteen Parcels Side and Rear .j.1 (i) A minimum 10 foot landscape buffer is required between adjacent • J!atr r.1 s detrees rear rope boundaries . This buffer shall be I L a„ ��. tracts side and �]._-: ,bean. _ . planted with (2) shade trees par 100 linear feet and (3) understory trees per Inn linear f?et (see Figure 9 (ii) Shrubs and aroundcovers shall comprise at least 30%of the r uired Figure 9 buffer area and shall form a continuous 3 foot high Iandsca screen ad oinina drivewa s and arkina areas. Sweet Vibumum shall be used as the prima screenin hedge. see Fi ure 9 (iii) On adioininQparcels when desianed as part of an integrated oroiect i. tree per 4 spaces the combined buffers ma be reduced to a one 10 foot buffer if the shrubs and roundcovers are increased to at least 75% of the re uired buffer area and the same number f required buffer trees is V. � } maintained. No less than a 5 foot buffer is required on each of the two adicinin parcels. ,._ _: ., (iv) Six foot hi h brick screenin walls with landscaoin r the Ocoee Land Develo ment Code are required where rofessional office service commercial or industrialprojects abut residential roperties. — .-_-:,,_,_,;_.,.___;...;_ii.";;:,..1 d. Parking Lot Landscaping 1 (i) Parkin lots shall rovide 1 tree per 4 arkin spaces. At least 50%o_ f parking lot trees shalt b2 shade trews.(see Figure 10). (ii) Shrubs and aroundcovers shall comprise 50%of the required parking lot landsca e areas and no landscape area shall be devoid of shrubs or aroundcovers. -';::-'''';i, (iii) Landsca ed reen areas within parkin() lots includin landscaped f _ walkwa s drivewa separators parkin lot islands and linear landsca e features shall comprise an area ual to 10%of the aved arkin area within the proiect site including driveways. • Figure 10 --A 1? (iii) Site Lighting shall not incorporate flood-light fixtures mounted on building walls or roofs. (iv) Liahting of on-site buildings shall be limited to wall-washer type fixtures or up-liahts which do not produce soillover liohting. (v) Liahting at building ent;antes ma exceed 1 Q foot candle in intensity for safety purposes, however such lights shall be directed downward to minimize soillover lighting. (vi) Liahting fixtures located under porte-cocheres. service station canooies or similar structures shall direct liohting downward to revent an visible tare to surrounding properties. j. Irrigation and Maintenance (i) All landscaped areas within professional office, service.commercial, • and industrial areas shall be designed. installed, and maintained to the hiahest quality judged aoainst accepted best management oracti landscaping_ (ii) All landscape areas shall be irrigated with a timed, automatic underground system utilizin o-up heads whenever pOSSible to provide 100%coverage. (iii) All landscaping materials shall be adeeuately maintained in a healthy condition and shall be allowed to arow in a natural condition and not be pruned in a manner which inhibits the normal growth pattern of the plant. 3. Plant Material List All required landscape materials shall be selected from the Plant Materials List. These common plant materials shall be used alona streets, buildinas. buffers. and parking lots. The palate of Plant materials chosen for any project should predominately utilize species which maintain folic e throughout the entire ear.Decorative plant materials not included on the list shall be used only with City approval. All plant material to be used shall be container room and shall equal the standards for Florida No. 1 as set ford in 'Grades and Standards for Nurse Plants' Part 11963 and Part II State of Florida Department of Agriculture and any amendments thereto. Plant material will be evaluated by texture,color.ultimate growth,xeriscape properties and ease of maintenance. a. Shade Trees Minimum size: three to three and one-half inch dbh_. ten to twelve feet heioht five-foot spreaL container grown. uercus laurifolia Laurel Oak uercus vir iniana Live Oak Magnolia randiflora Magnolia 141'7A is f. Shrubs and Groundcovers Minimum size:three gallon container groom. Acalyoha wilkesiana Copoerteaf Annuals Annuals(Various) Aspidistra elatior Cast Iron Plant Cie era japonica CIy Cuohea h sso ifolia 'All son'Heather C cas revoluta Saco Palm Dietes v eta African Iris Evolvulus lomeratus Blue Daze Galohimia rQ aciliS_ Thryallis Hedera canariensis Algerian Ivy Hedera helix English I _ Hemerocallis DaylilY Hibicus Hibiscus Ilex comuta'Burfordi' Burford Holly Ixora Ixora Lantana montevidensis Trailin4 Lantana Lantana samara 'Gold Mound'Lantana Ligustrum japonica G�ossy Privet Liriooe muscari 'Variegated Giant- Aztec Grass Liriope muscari Lilyhtrf Philodendron selloum Philodendron Pittosoorum tobira Pittosoorum Pittosoorum tobira Variegated 'Vane ata' Pittosoorum Rumba auriculata Leadwort Ra hiole is indica Indian Hawthorn Rhaois excelsa Lad v Palm Rhododendron Azalea Serenoa re ens Saw Palmetto Trachelosoermum Confederate Jasmine jasminoides Tulbaghia violacea Society Garlic Viburnum odoratissimum Sweet Viburnum Zamia umila Coontie 1 S174.17 b. Size and Mass of Buildings (i) The design of buildinas shall include elements such as color, shape, materials, varying height,and forms that break up large expanses or blank walls. (ii) Building design shall create visually appealing entrances and fenestration and provide decorative roof and facade treatments incorporatina articulating buildino sections. (iii) The mass of buildings in relationship to open spaces including windows and door openinos will relate to human scale and integrate the building with the surrounding site. c. Floor Area Ratios - Mixed- and multiple-use buildings may exceed the size (FAR) restrictions of the underlying zoning district regulations provided that a waiver is granted by the City Commission in accordance with this Section, and further provided that adequate parking areas and open space are maintained consistent with these regulations. d. Exterior Materials (i) Building exteriors shall primarily consist of masonry, stone, stucco, brick, split face decorative block, glass or wood construction materials. (ii) No metal-skinned buildings or structures shall be permitted. • ' Specifically, large corrugated metal buildings (replicating typical warehouse construction methods)shall be prohibited. e. Exterior Design pedestrian arcade (i) Exterior Buildino design elements will include fenestration, bays, fascia, _ cornices, columns,cupolas, entry focal points, gables. belt courses, lintels,pilasters,porticos,or other decorative elements as appropriate to enhance overall architectural design. (ii) Large expanses of blank walls visible to public areas are specifically prohibited and shall be segmented with a variety of design elements to create human scale. (iii) All shoe in centers,complexes of buildin s designed as a group. retail :; - '+ uses,or individual commercial or office uses larger than 25,000 square feet g.I. . shall provide continuous covered pedestrian arcades utilizing ; , ; Fj l awnings or canopies at least 8 feet in width extending_for the length of the main entrance facade to provide shade for pedestrians and create Figure 13 human scale.(see Figures 13 and 141 •(iv) • Covered arcades utilizing awnings and canopies spanning over ` " `eedestrianares pedestrian walkways may be considered as part or all of required building open areas, except that a minimum 5 ft. wide building landscape area shall also be provided outside the face of the arcade, • and constitute at least 50%of the length of said arcade,unless a more acceptable plan providing the same landscape area is approved by the I City. Figure 14 5. Signage Design Standards All signs shall be designed and selected to provide a logical,consistent,and attractive pattern of advertising that relates to the human-scale, attractively identifies businesses. and conveys an understandable message when viewed in conjunction with adjacent signs and landscaping. Certain minimum sign standards have been set to promote quality signs of a design, size,and orientation that enhances the community. Other sign regulations shall be as set forth in Article VIII of the Land Development Code unless otherwise specified below. Not withstandina any provision in the Land Development Code to the contrary,all interpretations reoardinq the conformity of signs located within professional office, service, commercial, and industrial areas shall be made by the Director of Plannino or his designee whose administrative interpretations may be appealed to the Development Review Committee. In the event a person disaarees with an interpretation or decision made by the Director of Plannino. then they may request a meeting of the Development Review Committee which will be held within 7 working days from the date of receipt of a written request. All such appeals shall be filed with the Director of Plannino. The Development Review Committee may overrule or modify the interpretation or decision made by the Director of Planning. a. Prohibited Signs (i) Roof top signs, electronic!message board signs,flashing signs and moving signs are prohibited. (ii) Banners, streamers, pennants, scintillating lights, strobe lights, and revolving signs are prohibited. (iii) No neon lighting or mini-lights shall be permitted as an adornment on any building,except as part of an approved sign. (iv) No portable signs trailer signs, signs painted on vehicles parked adjoiningpublic streets sandwich board signs or signs painted upon benches are permitted. b. Permitted Signs - Only free-standing ground, wall, arcade._ projecting, shopping center and business center si nq s are permitted in accordance with the provisions set forth below. All other signs,_including non-verbal signs that do not qualify as public art,shall not be permitted. c. Free-standing Ground Signs (i) Free-standing ground signs shall only be monument signs or dual pole signs and shall not exceed 12 feet in height. Only one free- standing ground sign shall be permitted per stand-alone business situated on an outparcel lot or individual parcel. •C 1 •74 ')1 (iv) All stand-alone buildinas located on individual out-oarcels or separate tracts may install one additional wall identification sian not exceeding a size of 2 feet high by 12 feet in length on a building facade adjoining an entry driveway or public parking area. (iv) No wall sian or supporting structure shall project more that 12 inches from the wall of the building. (v) No part of any wall sian shall extend above the roofline of the building. (vi) Backlit awning sians may be permitted althouah all portions of the canopy will constitute sian area. e. Arcade Signs - Signs are permitted to be located under a canopy or awning when mounted perpendicular to the entryways of individual stores entering from a shoopina center, arcade provided such signs shall not exceed 6 inches in heiaht or extend more than 60% of the width of the awning or canopy. f. Projecting Signs - Proiecting sians which are mounted with the sign faces perpendicular to the wall of the building, shall only be located on mixed- and multiole-use buildings or buildings with corner entrances fronting on two streets. The maximum area of such sians, when permitted, shall be 36 square feet subtracted from total allowable sign area of the buildino to which it is affixed. . •g. Shopping Center Signs - Shopping center signs are free-standing identification/directory around sians located at the entryways to a shopping center site containing more than three individual businesses and limited to the name of the center and/or various occupants of the center. (i) The allowable sign area alona primary street frontages shall be in addition to the sign area allowed for individual occupants and shall be based upon cross building area of the entire center in accordance with the table below. Shopping centers with entryways on adjoining secondary streets may provide additional signs meeting these reaulations, but only at a rate that is half the allowable sign area permitted for primary street entry sians. Gross Building Area Maximum Sign Area up to 25,000 s.f. 100 s.f. up to 50,000 s.f. 125 s.f. up to 75,.000 s.f. 150 s.f. up to 100,000 s.f. 175 s.f. over 100,000 s.f. 200 s.f. (ii) Shopping center skins shall not exceed 15 feet in height. r '.• A -1- D. Public Property Regulations �� Public Prope Regulations are intended to help create a safe use tdl and re is a list'of 2ole cceotmboe elemee for nts nts The fo,o,nn� edestrians motorists and c clists within ublic rights-of-wa and laces. In each case based upon speci fied desi n arameters to enhance the sense of lace and arrivals l ublic ilmorov m ea tP ro ects shall be coordinated vriCn the Commercial and Industrial Development Re ulations an coni_ S+encY• 1.Landscape Design in Public lic Rights-of-WaY _ . '• �� ,, may , .- a : r'Y tii� _ Appropriate lent materials shall be installed alon ublic ri hts of wa and j1- `Y-` _j4-,{ y-�S„-•• within medians i create areas and t minimize rofessional future conflicttscerelatin'ce o1. s%r. c;'3, ,A- commercial and industrial a - `` ' si ns circulation safe and maintenance. Plant materials and sizes shall be re- • . ,1. Plant Material List r- ` '• selected from th - _ -4: _ __ a. Landscape Plans- Landsca in Tans for street ri hts-of era and within � _ -' -_ _ � rJ �.,� . medians shall be deli ned and •installed enhance the st stand z s,`_ � } an atmos here and to provide clear visual si nals to motorists c clists and • edestrians. Pro er arran ement of olantin beds should make it easier o -��.--...... 1,`_�`.� .>- . -•==.�;- read Si ns facilitate mobili and circulation atfems minimize �S� �� , _ r and e conflicts and enhance the _ <-'"s` _ ,; - 2-Z- maintenance hazards we F tl. l- experience of assino motorists. ` ��" �'�=�="`�-44�` b. Sidk s (i) Serpentine sidewalks where ractical shall be located adjacent to all '�`�sn.r.i.,.�� L:; - ublic ri ht of rra s to facilitate pedestrian activi and to com lemeni F �'{ landscape buffer desins. • I. �- (ii) Sidewalks shall consist of aved concrete at least 6 feet wide to allow 1- several o le to comfortabl walk t ether and ass other groups of s� u pede y:. (iii) Where inad uate ri ht-of-vra e�osts to rmit serpentine sidewalks �• � =Q _�.1�� the rope owner shalt either rare to facilitate thane sidewae land or rt a destrian access easement within the buffer a c. Irri ation and Maintenance main ned to (i) All landscaped areas shall be daeainsta Iccepted best mane I ement the hi hest uali 'ud ed practices for Iandscapin4 (ii) All landscape areas shall be im ated with timed automatic c under round s stem utilizin p oibl %ding 100%_-COve - e. i Oi'IA "IC • 3. Design of Miscellaneous Public Facilities a. Transit Facilities (i) Bus transit cutouts shall be provided if requested by LYNX at each bus stop along primary commercial roadways. (ii) Passenger shelters where warranted shall be provided at each cutout. (iii) Transit information kiosks shall be provided at all primary intersections if possible. (iv) The City and landowners/developers shall work closely with LYNX to ensure that all of these facilities are consistent with LYNX future expansion plans. b. Public Signage (i) Public, directional, street. and community banner signs shall be coordinated so as to minimize the number of sign locations. (ii) All public signage shall be integrated into the adjoining private development design scheme. c. Natural Features.Parks and Open Space (i) The City shall work with landowners/developers to incorporate public parks and open space into the design of projects consistent with any Soecial Overlay Area Plans. (ii) The City shall work With landowners/ developers to provide public access to natural features such as lakes and wetlands via parks, recreational trails and greenbelts consistent with any Special Overlay Area Plans. (iii) Development sites abutting surface water bodies or wetlands shall be planted with appropriate aquatic plantings, as outlined in Section 3: Plant Material List, along at least 75% of the littoral zone unless sufficient natural vegetation already exists. d. Stormwater Facilities (i) Stormwater facilities will be designed and permitted so as not to require fencing. Retention ponds will be adequately landscaped and irrigated and be designed to enhance public improvement projects. (ii) Wet stormwater detention facilities adjoining public streets will include a water feature such as a fountain or spray jet, and shall be planted with appropriate aquatic plant material as outlined in Section 3: Plant Material List where practical. 1of7A7'7 Exhibit "2" (Page 1 of 2) Section 5-3.2 OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN. A. Establishment of Geographic Boundaries of Activity Centers. Pursuant to Section 5-3.1(c)(3) of the Ocoee Land Development Code, the specific geographic boundaries of the Good Homes Activity Center, West Oaks Activity Center, Lake Bennett Activity Center and Minorville Activity Center are hereby established as the boundaries depicted in Exhibit "A" attached hereto and by this reference made a part hereof. The foregoing Activity Centers as depicted in Exhibit "A" hereto are collectively referred to in this Section as the "Activity Centers" and individually referred to as an "Activity Center." The City Commission hereby finds that the boundaries of each Activity Center are based upon a logical pattern of development or expansion which relates the • properties included in each Activity Center to each other. B. Establishment of Boundaries of Special Overlay Area. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area the geographic areas of the Activity Centers as depicted in Exhibit "A" attached hereto. The foregoing Special Overlay Area shall be referred to as the "Ocoee • State Road 50 Special Overlay Area". The City Commission hereby directs that the boundaries of the Ocoee State Road 50 Special Overlay Area be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. C. Adoption of Special Development Plan. Pursuant to the provisions of Section 4-6 of the Ocoee Land Development Code, the City Commission hereby adopts and enacts the "Ocoee State Road 50 Activity Center Special Development Plan" attached hereto as Exhibit "B" and by this reference made a part hereof. Said Plan includes an Introduction, Statement of Intent, Boundary Map, and Concept Plan; Private Area Special Regulations (including site, ateriala for public facilities. The City Commission hereby finds that the Ocoee State Road 50 Activity Center Special Development Plan complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan. Exhibit"2" (Page 2 of 2) D. Compliance with Special Development Plan. te Road 50 All development and redevelopment Acti Activity Centersref Ocoee erencedStan Section 5- Special Overlay Area and e 3.2(A) above shall comply with the Ocoee State Road 50 Special Development Plan and the special fegi-ulati -an4 standards set forthof the Ocoee therein. The provisions of Sections 4-6 and -3.1(C)(g)all development Land Development Code are hereby made applicable and redevelopment within Centersoeferenced State i nSedCt Section 5P3.2(A)ecial Oabovey Area and the Activityapplyonly The Ocoee Seate Road 50 geograph cpecial areasDevelopment Plan set forth in this Section. E tO within the specific9of the the extent ofan ex ress conflict develowith ment and redevtelodment within S eclat Develo men Plan all the Ocoee State Road 50 es of cial the Ocoee Land Develo ment Overla with other a licable rovisi includin but not limited to Section 6-14. E. City Commission Decisions Final. Special Overlay In all matters involving the Ocoee State Road of the City Comm5sOsioP shall be final.Area and this Section, the decision F. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rightslicanch(2) to may have been or may hereafter be grantedby of any development order,th e City to an app , amend or in anyway modify any provisionith the City developer agreement or othe0�d 9 anceeor (3) to di yreemnt entered intoWamend or in any to the effective date of this or final site plan approvals granted by the way negate any preliminary rovided, however, that City prior to the effective date of this Ordinance; p of any rosion to a the City may require as a condition of approvalsxtnsio previously approved preliminary or final site plan, or any thereof, that such plan be revised so as to conform with this Section to the extent practical. EXHIBIT "3" ,Basic Design Theme: oin basic principles are reflected in this Concept Plan, Ocoee must Although the five foregoinggrate lt�--s also identify its own basic design theme.. Ocoee's basic design theme ns tod integrate car-cen ii s and buildings, create a place for people, and eliminate typical ed o ether, these concepts can be applied to the corridor and help us visualize a projects. Together, ride. Following, different type of development that acknowledges our sense of community P there is a "Concept Plan" that spatially Integrates all of the key criteria on one page. The Concept Plan illus teS the combined impact of a coordinated development scenario, pedestrian/ bicycle facilities, retional critical road connections, secondary connections, p of use, and gateway intersections. The Concept Plan seeks to link the diversity ir tycof us a trails, natural features, and neigjborhoods into comprehensive Activity -of- lace through connections and linkages that integrate multiple modes of tmtque sense p access through and within the corridor. +rinciples, and key criteria designed to implement the statement of intent, goals, planning p a e is an attempt to visually, outlined in this Concept Plan. The map on the followingo p g of the concepts on one page. However, where inconsistencies or questions integrate all Regulations and/or Concept Plan, the tit max. arise regarding the implementation of th _ � . above and particularly the Statement of intent and goals shall provide directnon for the the consistency whose Director of Planning in making a determination and resolving t retations may be appealed to the Development Review Committee- In administrative interpretations the Director of the event a person disagrees with an interpretation or dec Reviewion by �� request a meeting of the Development Planning, then they may q with 7 working days from the date of receipt of a written request. Committee such will b.. heldThe Development Revs appeals shall be filed with the Director of Planning• le or modify the interpretation or decision made by the Director of Planning• s may overrule d�Y urban section (� as of State Road50asan Ineiud� with the Concept Plan are drawings Today, State Road 50 through section (open drainage swales). and gutters) and as isa designed d as a rural section which would not be appropriate once the Activity Cennterter the City of dingly, the Cityintends to Pursue the conversion of is developed. Accor with the Florida Department of Transportation (FDOT)• section and has schedule a Planning Design and State Road 50 to an urbanrovements to State Road 50 duled a The FDOT is responsible for any �p year 2001 in the MetroPlan Trapsp Engineering Study for the } s of State Road 50. Improvements Program- There are two sets of plan/elevation drawing p icts it as a One set of drawings shows State Road 50 as an urban section and the other doped Special rural section. In this way '.': the City can visualize the impact of the P remain a rural , Regul ations on both types of roadway designs since State Road 50may section if FDOT disag eeS with the City. *The development regulations of Section 6-14 of the Ocoee Land Devel opulent _,Code ( "Development P,egul ati ons") k*flnkt01 nnmFInt \--Q)� \ r r NOTICE OF CODE VIOLATION Property Location: 2330 W. Colonial Drive Ocoee, Florida 30-22-28-0020-00031 To: Griner Auto Sales 2330 W. Colonial Drive Ocoee, Florida 34761 YOU ARE NOTIFIED, pursuant to Chapter 7 . 5 of the Code of Ordinances of the City of Ocoee, that the following violations of the Code of the City of Ocoee have been noted with respect to the property identified above: Section of Code Violated Description of Violation CHAPTER 165-4, B&C: VEHICLES ABANDONED: KEEPING OF JUNK VEHICLES, PARTS AND PEICES OF VEHICLES THROUGHOUT THE PREMISES ON OVERGROWN GRASS AREA. CHAPTER 115-1: CONDITIONS CONSTITUTING A NUISANCE: CHAPTER 115-2 : CREATION PROHIBITED: KEEPING OF VEHICLE PARTS AND MISC. TRASH AND DEBRIS THROUGHOUT THE PREMISES ON OVERGROWN GRASS AREA, THE ROOF OF BUILDINGS , STACKED BEHIND THE PROPERTY, PILED IN THE PARKING AREA, PILED IN FRONT OF THE BUILDING. CHAPTER 108-33 : MINIMUM REQUIREMENTS FOR COMMERCIAL, BUSINESS AND INDUSTRIAL STRUCTURES : A: GENERAL MAINTENANCE: NOT PROVIDING PARKING FOR CUSTOMERS ; BLOCKING OF MEANS OF INGRESS/EGRESS ; STORAGE OF FLAMMABLES; STORAGE OF TIRES AND TRASH; STORAGE OF GAS CANS; DEBRIS STORED ON THE ROOF; MISC TRASH AND DEBRIS ; OVERGROWN GRASS ; HANGING ELECTRICAL WIRING ON EXTERIOR LIGHTS . The violation( s ) was observed by the undersigned on May 15 , 1994 . CHECK ONE: (X) You have until June 16, 1995 to correct the violation( s) described above to comply with the Code. Failure to comply by this date will result in the commencement of appropriate code enforcement action, including a possible fine. If any violation is not corrected by the time specified for correction, this matter may be presented to the Code Enforcement Board even if such violation has been corrected prior to the Code Enforcement Board Hearing. ( ) Because this is a repeat violation, appropriate code enforcement action may be commenced immediately, including a possible fine . This matter may be presented to the Code Enforcement Board even if the violation has been corrected prior to the Code Enforcement Board Hearing. You will correct the violation( s ) indicated above to comply with the Code, and notify the City that you have done so and request a re-inspection that shows you have complied with the Code, for the purpose of determining the fine you owe the City, you will be deemed to have complied as of the postmark date on the envelope you use to mail the City the form on the reverse side of this notice. The burden rests upon you to request a re-inspection in order to determine whether the property has been brought into compliance. I certify that a copy hereof has been furnished to each addressee names above on June 12, 1995 . [ ] Hand Delivery to each addressee. [ ] Hand Delivery to addressee 's usual place of residence to a person residing therein who is above fifteen years of age, informing such person of the contents of the Notice. [ ] Certified mail, RESTRICTED DELIVERY-ADDRESSEE ONLY, return receipt requested, certified mail number( s ) [X] Regular Mail . Signature: S11_,4d-14 Name: Teresa Braddy 1 Title: Code Enforcement Officer Telephone: 656-2322 extension 134 CEB form 1 . 162 ( 5/90 ) Previous edition is obsolete. CITY OF OCOEE OCCUPATIONAL LICENSE APPLICATION • REQUIRED PAPERWORK FOR A COMMERCIAL BASED BUSINESS Application ] Fictitious Name Certificate [ ] (If Applicable) Corporation State Certificate with officers [ ' (If Applicable) Other Licenses Required [vr 1144-It 4 Site Plan of Property [ ] ****************************************************************************** The below is to be completed by the City of Ocoee: Business Name:-AVAC' L31 41112E- M License#: D 3� Site Address: I I4L O • cai v I 61.., Die_ Mailing Address: O 110 3 Fee Due $ V o��J•� Date Paid: 10-I 2-Code:�� O Inspection Date: 10 ID- D4-q / dry vaiat ieffila APPROVALS Inspection Approval: Building Dept Approved Signature ate: r",,,�k�-�r�s �� .2 r E� .Sfr�-� Fire Approved Signature &Date: t, � /a-5�'S 5 0 �.„ . Backflow Approved Signature & Date: ki I& 44,R Cry-eIi W S-ev' /0—Y-27 Review/Issuance: - Zoning C- Approved Signature &Datk License Issued By: Special Conditions: 2 Page 1 of 4 X. Business Name: /TO 1/ C- ilgR/9 4: .iiiec (& NTTl2 Owner's Name: 6RU,6AR6 JerV1 E) T�/C, - 1Ja-rhar - 4, /iQ rL/O7T Site Address: // L} O IA), Coo/O ,i, l rl v_e_j vCee e) p, 3 76 / Mailing Address:(If different) O1' Business Phone: (9d 9oS-96 y 7 7g2 ' 44q i- Federal Employer ID or Social Security #: 5 cif^' 3576 Y Florida Drivers License: M (0d y -D 6/ - '4-9 0 - 0 Business Type: Individual / Partnership / Corporation ID# P(19 U -77-3)' Fictitious Name Registration Date: 9/2-//9'9 Certification Attached [ ✓f s4/es Nature„of Busines : (Please Be Descriptive): T/ /~ L S,� a iie � paIK) g1ie( hvTv Lei. liZ Any use of Combustible Materials? 1Jo If yes, attach description. SUS No. of Employees a Inventory Amount $ No. of Business Vehicles 0 No. of Seats Total No. of Paved Parking Spaces /0 - /a/ S PfiCLS In Case of Emergency, Please contact: �Gc_ C. t'lavz/vim @ (y°I)j -/3'0 or /11 W C. 3l o S e v @ (gin) o 9 S/- 1 G y I, A 42 V& A• Ockaioff own, rent/lease, the property listed above, for the purpose of operating the above listed business. I certify that all information supplied to the City of Ocoee on my application for Occupational License is true and correct. I acknowledge the City of Ocoee's right to revoke my license and take any other legal means necessary in accordance with Chapter 119 of the Code of Ordinances, City of Ocoee, Florida. &' - 4, 2 at 7/3C/9 Signature of Applicant & D STATE OF FLORIDA COUNTY OF ORANGE tylcon z Ian Subscribed before me this,3D ay of S , 19V, by B0.VI Y� A. , [ ] personally known to me or _produced identification V YYl 2 O(v! -1-1 - 9 io t-O and did not take an oath. - . V `"k- e�'�, edanie S Marin Notary Public At Large Page 2 of 2 * ,i*My Commission cC7s7,25 .4ro` Expires August 13,2002 OCCUPATIONAL LICENSE INSPECTION INSPECTORS COMMENTS DATE BUSINESS NAME ZONING (JULIAN HARPER) BUILDING (SHELLY SIMON) FIRE(JACKIE LEVESOUE) 61.) L7-:.1l44rt4-7l's , Hcb Tim£ 67./.✓c‘i y*7r 0 Al ,�it alc e 15L/9^✓A c^ie .E"L-f e4e4/42 /fit- BACKFLOW (MARK BROWNOLD) opi.Ni AT of c BoNko t1) 11-1Gr1 I $ STAFF REPORT First I would like to address: BACKGROUND/DISCUSSION Mr. Paul Christensen had purchased the subject property approximately 1-1/2 years ago from Mr. Grinner. He leased the property back to the Grinner's for the past year up through August 1999, The Grinner's used the property for the auto repair and sale of used tires. The Grinner's did most of their repair work and tire work outside - under the subject Canopy area. Their equipment such as Tire Changer and Wheel. Balancer were permanently stored under the canopy area. It's true that two (2) Full Service Lifts and two (2) Tire Service Lifts (raising-cars only 24") were installed without Permits--but this was not done INTENTIONALLY! The installation of said equipment was provided by AFFORDABLE EQUIPMENT CO.-- a very large and reputable company who installs lifts throughout Florida and Georgia. The owner,Bill Vendetti,later told me that he was not aware that a Permit was required, he also stated that he has never had to_obtain Installation Permits for anywhere in the State of Florida because they are "Free Standing" and not "Permanent Fixtures". They can be dismantled and moved without any excavation of the ground. OCOEE IS APPARENTLY THE ONLY CITY OR COUNTY IN THE STATE OF FLORIDA WITH THIS LAW, and AFFORDABLE EQUIPMENT was not aware of this. He stated that he has installed "hundreds of lifts in different municipalities in Florida". There has been no "expansion" of said work area. Mr. Christensen, myself, and my wife Barbara had requested a meeting with Shelly Simon, the Code Enforcement Supervisor of Ocoee, in the latter part of August 1999 to discuss any information pertaining to rules and regulations of opening an Automotive and Tire Repair business in the city of Ocoee prior to our applying for an Occupational License. She did not say anything about prohibiting any form of outside repair work on the property. As we were meeting with her, the Grinner's were still occupying the property and conducting business outside. They were working on cars under the Canopy Area as we stood there talking. QUOTED FROM THE STAFF REPORT The subject property is correctly Zoned C-3-For Automotive Repair Service. The Building, Parking Lot, and other improvements are LEGAL NON-CONFORMING STRUCTURES, COMMONLY REFERRED TO AS "GRANDFATHERED" meaning that they were in existence prior to the Enactment of the Land Development Code. They may continue to exist subject to certain conditions, but may not be enlarged, extended or expanded, unless and until the entire site improvements are updated and brought into compliance with existing standards. Our position is that the area in question under the Canopy was used for servicing vehicles prior to the Land Development Code becoming a Law. The Grinner's have used this area for repairs for years prior to the Sale of Property to Mr. Christensen. Florida, as we all know, is hot and rainy and most all old Service Stations had Canopies built to shield the workers from the elements as they worked outside. Therefore, the repair area was not EXPANDED--it was already there since the building was constructed over 30 years ago— making this area EXEMPT from the term EXPANDED, and should be "GRANDFATHERED". Two Guy's Tires occupied the property during 1986. They had lifts outside under the canopy and used them to service cars. In 1987 George Clark bought the business also having lifts under the canopy until the mid 90's before the Grinner's bought the business. City of Ocoee Land Development Code Article II, Section 2-4 "Definition of Terms": (254) Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels. This does not say anything about machinery. A Lift is a machine, as it has electrical and mechanical parts. It is not a Building and not attached to the building, thus, the Building Structure was not changed. Again, the "City of Ocoee-Land Development Code was enacted on June 1, 1999 long after this property was developed for automobile service, therefore, #254 is not relevant. PAGE 3 #1 CONCLUSION Almost anything assembled could be called a structure. A lift is a structure technically, but common sense would indicated it is a machine. It does not change the structure offor support the canopy or building. It is not an expansion or extension of the building; therefore, does not change anything impairing the Grandfathered clause. F: �T( ,�' LIFT FlI lit ICE ,,J,-�,_, I .1- ; 1 I., STATr: OF FLORIDA . PROFI SSTONAL RE(UX AT tON f!, f' '71" 1)1rPAItT..NiEN Ok iuS�NESS AND .._ .,J,( ' _—• --'- ... ltiill„ntT. farrll) , Secretary 3%.. , Lawltn Chiles , v r:Y�` Governor 4 w. 0 January 4, 1996 l.i ward A Masters ltot:uy 0 Lox 1560 ';1atison, Indiana 47250-0560 it..; *Installation of Surface Mounted Automotive Services Lifts Dear Mr. Masters: i ested letters and booklet on the installation of "Surface Mounted Automotive y Service er is Lifts" was its to the Executive Cot6, 1995 and was presented the Florida tlto thet full board on November 1 th its meeting on November ).6, 1 5 and it was determined that a license would not be required it could allbe sS"Surface rfa elMo to a ed I ut , Service if electrical work is in Au!nmoti•;•; .,c.rvice Lifts" and, licensed electrician. if we can be of any further service, please do not hesitate to contact this office. Sincerely (- ---C—M-M;v7475 F., igoiler-cd, Tammy E. Uagley Staff Assistant /tb DIIPARTMENf OP bUSotN SS dd.YROR RY SSS101N v ULATION CONSTRUCT • .1960 Art11N N V'T FSSwAY SUCTU 300 1A.c450No Ili,11,0g1D+32211••1461 STENSTROM, McINTOSH, COLBERT, WHIGHAM do SIMMONS. P.A. ATTORNEYS AND COUNSELLORS AT LAW SUN BANK•SUITE Sit • ZOO WEST FIRST STREET POST OrrICE BOX 4040 • DOUGLAS$TCN STROM KENNETH W MCINTOSH SANFORD, FLORIDA 32772.4848 RETtRED WILLIAM L COLBERT SANrORD(4071 3ZZ•ZI71 FRANK C.WHIGHAM ORLANDO 14071 634.5n9 THOMA$ E WHIGHAM CLAYTON D SIMMONS rAJI 1407)330•2379 uae tAYeel DONNA L S MCINTOSH WILLIAM C.RCISCHMANN•JR CATHERINE O, RCISCHMANN JAMCS J PARTLOW October 23 , 1995 Mr. Christ T. Sanidas, C .B .O . Building Official Orange County, Florida Post Office Box 2687 Orlando, Florida 32802 Re : Affordable Automotive Equipment, Inc .. Our File No . M-45 , 441 Dear Mr . Sanidas : On behalf of William Venditto and Phillip our of de Affordayble Automotive Equipment , I wish to express 9 ur courtesies in meeting with us on October 17 , 1995 to discuss the application of Orange County Building Code to the installation of above ground automotive lifts in Orange County. It is our understanding that resulting from the discussions nseat that meeting the following procedures would apply the 1 . No special licenses will be required of Affordable Automotive Equipment to install above ground automotive lifts in Orange County. 2 . Affordable Automotive Equipment will not be required to obtain..1 any,. 'p,er its to install above ground automot iv :,1'� f t S't�'n'� ,'0-: 3 . The electrical coat- ,4eto*;0gaged/contracted by the purchaser of the 'procdiicoflAffordable Automotive Equipment will ` be the responsible and for the purpose of obtaining County permits will have the appropriate licenses necessary therefore . • 4 . Any new concrete slabs poured for the express purpose of installing_ an, above ground 'automotive , T • Mr. Christ T. Sanidas, C.B .O. October 23 , 1995 Page 2 lift will necessarily be permitted; said permit to be pulled by an appropriate licensed concrete contractor. 5 . Test bore holes shall be left for the Orange County Inspector in front of the right side pole on any installation on an existing concrete slab in order to allow 'determination of thickness of the existing concrete .. 6 . Concrete specification will be left at every job site for the final inspector of Orange County . 7 . Affordable Automotive Equipment will supply Orange County Building Department with general concrete specifications on all manufacturers for above ground lifts . Thank you again for your professional courtesies in meeting with us and reaching the aforedescribed accommodations . Sincerely, STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P .A. William E. Reischmann, Jr. cc : William Venditto Kenneth W. McIntosh, Esquire F:\FILE9:645ma • • • • • • . (.O `)��Co� ‘� Qs m ca.•l ,+.��iZ��rJ ��g� d gck,..46.. `it ' ..b..\4.1..." •l'-1 l tc: c.1v . Cc:\c,U w\ 3 C GCc 44-Q- -\c►.. """c" ---- .. •w 3L.1.4 a.....s C.A. ` `qt..-Q rI' '...4i1.„o c...V 15 Itn c . cr c w 4....V.A.% 4..".1 v g % G car a. - ..-► .r� r . ---E'''+1 ,kk. w,e c:S v.1c: G.-...1 S l`r�....�_. _. _.... __. . RA- .,\-1 % .‘ +2._ k-A-.\.% ::1 LP.%k.d..i 41151. G.. ... CG V c �.1 Q �`"G� Lo.x.e.J q ..i..„.1 .z... ` „.- :::).42-3 c...444 v .*NS. kr=•••••' tw451 _ 1 Qr...r io tie Y CS L:1 k......\. k.ke. c r kt.,cj...>.:, N . e Cti `4 ..,1/4: ... S .M o, . .\`cp" s•42 n-..... mod • , C t.0 .-... <_, t-.. .b-t C-CI-J4 em, ...1 C...yk-%....":, C2••• 41 .1' Lted-qS l G.k-...61:1 .-.Rk. Li ... Q,v. C> Q.\.0, • C.-`a C‘‘ 'it kC' ay.r.. Gam..‘ kCvt 'hov er-44 \`c-\- o .A S . S c, ,. .\ Se%-.4.c.-•1 ��r� C �+� 1 .�.. -tit W a c.\Sza Q.ac :r6,N4,„ ..,• `.t. SQ_rv .c--it S C k.) *-C-%-% % Sc.% . k`l t C..\•%1 c..vc CC-Q.24e . ... vJ�- \$.?..4q......v\icr. °-,,`.. .. '‘ • To Whom It May Concern: In 1986 I opened the building located at 11460 W. Colonial Dr. Ocoee Fla. This business was a Tire Repair Shop, of which was operated under the name of TWO GUYS TIRE. At the time this business was operating we had been given all the proper licenses and began doing business. We had lifts outside under the canopy of the building and had no problems getting our licenses and doing repairs under the canopy. I also had one (1) auto lift located on the East Side of the building outside. TWO GUYS TIRE was sold in late 1986 to George Clark who obtained and operated CLARK TIRE AND AUTO. He too had lifts outside and did service work outside. We also performed some services on vehicles for the city of Ocoee. Sincerely, WM. Vendettie 11/29/99 DECEMBER 17 , 1999 To Whom It May Concern , I operated Clark Tire And Automotive, at 11460 West Colonial Drive in Ocoee , Florida , from March 1986 through February 1991 . I had automotive lifts located under the canopy in front of the office , and one automotive lift on the east side of the building where we performed automotive repairs outside . Thank u eorge D. Clark December 17,1999 To Whom It May Concern, I operated Grinner's Auto Sales & Repair from the mid ninety's until August 31, 1999 located at 11460 W. Colonial Drive Ocoee, Fl I performed automotive work outside under the canopy for many years while I occupied the property. Previous to my ownership of the property, Clark Tire had automotive lifts under the canopy and performed automotive service outside as well. Thank You. Gary , A-1/1- 11g9 ,)` o C,J i) o m 004 C. e r &) '. 6u , / C1J , c /4 ' I1 q- Co 03 lo,o / 03l rr . () Go eel � / 3416 I o 4 fie. r Jod o ( c- Je_ C/ c rJ. A A s A) e- Vtr- 6ee � 6dded 04 10 , ti ee4 /9 oic l J' A014 . 0 tymir) efij Vifq , 1 • �Y I -mac JOHN L BALL '*� 4,yf * My CommissionCC629687 1:‘ Q.�� Expires Mar.04,2000 ��FOF il�P\o December 17, 1999 To Whom It May Concern, Having passed by 11460 West Colonial Drive in Ocoee I have witnessed auto repair work being performed outside and under the canopy for many years. c ,..).Q\..,-\\Nt,,,fv,. r!0 - /IRK p,G-r-K prci1 ,31 ( dcvt=c 6- (02 Slc December 17, 1999 To Whom It May Concern, Having passed by 11460 West Colonial Drive in Ocoee I have witnessed auto repair work being performed outside and under the canopy for many years. • ecD KA, j3 7o Z i c 406,v pscy vvo mac, '32 Q a-c--T( 6-�To c`0 OCosa- PAGE 20 #D - 1 & 3 Structure was not enlarged or altered as the canopy and work area were already there. Therefore the property should be Grandfathered. PAGE 20 #E 4 Grinner's left the property August 31, 1999, Atomic Brake & Tire received an occupational license on October 12, 1999 only 42 days later, Background and discussion see attached. eAcreI - wq ` CON I t Who in Ocoee am I offending by working outside in a Grandfathered property. It can't be the citizens of Ocoee due to the fact that many of my new customers live in this town. I make it a point to ask them if they approved of my working outside under the canopy. Their reply is always positive. When I told them of zoning's massive attempt to stop us they thought it was ridiculous and a waste of zoning's time and the tax payer's money! It appears the only people offended by my working outside are a few of the zoning officers who have put their emotions and egos before their job. This property has special conditions as it was always auto service related. If not allowed to continue working under the canopy area we wouldn't have enough covered work area, resulting in unnecessary hardship. I have spent Thousands of Dollars on repair ------of the property and over $75,000 on EQUIPMENT. Not being granted this Variance will cause an extreme hardship on me—not being able to generate enough business to repay Business Loans. Page 33 - 34 Board of Adjustment Regular Meeting Thursday, December 2, 1999 Member Colburn, seconded by Vice- Chairmen Jensen, moved to allow the business to continue with lifts because there is no non-compliance to the Code. Member Colburn stated he felt there are special conditions and circumstances which are peculiar to the subject property and improvements. Chairman Resnik stated he felt a reasonable person going into business would go to the municipality where that business was located and find out what needed to be done. Vice-Chairman Jensen, and Member Colburn also concurred with Chairman Resnik. This was the purpose of our meeting with the Code Enforcement Supervisor, Shelly Simon in the latter part of August 1999. Mr. Christensen, myself and my wife Barbara had requested a meeting with Shelly Simon, to discuss any information pertaining to Rules and Regulations of opening an automotive and tire repair business in the City of Ocoee, prior to our applying for an Occupational License. She did not say anything about prohibiting any form of outside repair work on the property. As we were meeting with her, the Grinner's were still occupying the property and conducting business outside. They were working on cars under the Canopy Area as we stood there talking. Member Colburn stated that there was no need for a Variance. Member Colburn, seconded by Vice-Chairman Jensen, moved to recommend that the City Commission find that there is no change in the legal non-conforming use. Motion carried 4-1, with Chairman Resnik voting "NO". MY CONCLUSION Ocoee is a very old community having a mix of old and new. The building and canopy in question was constructed at least 40 years ago for the specific purpose of servicing automobiles. • It has been recently refurbished by me at a great expense, time, and labor to make it very presentable and functional. There are a few of the old service stations left, I believe this is probably the only one like it in Ocoee. Everything can't be new or the town would loose it's identity. Everything old can not be applicable to all new codes. It would be a shame not to preserve it and use it to its full capability as it was intended. I think I have demonstrated my intent to keep this property up and continue to improve the appearance of it. I have a 15 yr. lease - with an option to purchase. I am here to stay!!! I believe zoning departments were created to implement rules to protect citizens of the community. I do not see were anybody would be harmed by my working outside under the canopy. Thank you for allowing me to state my facts regarding this matter. - CITY OF OCOEE _OCCUPATIONAL LICENSE APPLICATION "REQUIRED PAPERWORK FOR A COMMERCIAL BASED BUSINESS Application j } Copy of Lease/Rental Agreement or Proof of Ownership - f 1 Fictitious Name Certification ( 1 (If Applicable) Corporation Papers f 1 (If Applicable) 4Other Licenses Required f 1 — Site Plan of Property f 1 �/i 2 3(:� • 4-5 *-.*****************************************************:t *-************** The below is to be completed by the .ty of Ocoee: r l Business Name ((1r ( _ k C License #: 1 7 - O Y /S Code: V 1 Fee Due:$ g 3 (, j d / --/s--- 7 Inspection Date: t I ) / C ,60 t- APPROVALS Back iow: Approved Signature & Date: C az / / (ct Zoning: Approved Signature & bate' �- Building: Approved Signature & Date: ; tt.ttli l. �, At) t`' ,(/ /� LLt e �( . i i';t--6 oil 1 ✓/ Fire: Approved Signature & Date: Concurrency: Approved Signature & Date: City Manager: Approved Signature & Date: • Special Conditions: (To be attached to License): r 1 U Page 1 of 2 Business Name: GR 1 N�r2 aa.--p) Sty_or 4, ,p J s ue S Owner's Name: 61(21-ky 6R,I Ng 1 Site Address: !//6D Co l oko-e- ,cPt 0C6Fr Mailing Address:(If different) / Business Phone: ( ) 0?--- 6�,Y J,36 6'Y Federal Employer ID or Social Security #: c2 6-2— 9YY "2 -1- Florida Drivers License:: 6 65 g(:).7 Lf 2 g Li c • Business Type: Individual I Partnership I Corporation ID# _ Fictitious Name Registration Date: Certification Attached [ 1 Nature of Business: (Please Be Descriptive): �(,41-D SO-/.IFS ,9wo �tA 1) 5 i c./J Any use of Combustible Materials? U If yes, attach description. © Inventor;' Amount $ .__ No. of Employees ) No. of Business Vehicles WOE No. of Seats Total No. of Paved Parking Spaces /2 ' In Case of Emergency, Please contact: k o rE-tf"0 p ( ) or 467' 6 SC, ;,-- y z o v P ( 1 - I, ARy 6own, rent/lease, the property listed above, for the purpose of operating the above( listed business. I certify that all information supplied to the City of Ocoee on my application for Occupational License is true and correct. i acknowledge the City of Ocoee's right to revoke my license and take any other legal means necessary in accordance with Chapter 119 of the Code of Ordinances, City coee, Flori c\ Si' ture cant & Da e STATE OF FLORIDA COUNTY OF ORANGE Subscribed before me this L day of c(nL , 1997, by G'it4 (S,E/ivC,2 , personally known to r [ ] produced i ntification and did not take an oath. An J77) / a 4,7) PATRICIA• M.DOUGLAS :>�.V' Ott MISSION d CC 297790 NotaryPublic At Large Page 2 of 2 '�' ' EXPIRES:July 21,1997 PATRICIA M. DOUGLAS Bonded Mu Notary Public Uncle:writ OCCUPATIONAL LICENSE INSPECTION INSPECTORS COMMENTS DATE BUSINESS NAME ZONING (JULIAN HARPER) BUILDING (SHELLY SIMON) FIRE(JACKIE LEVESQUE) BACKFLOW (MARK BROWNOLD) mbm, ��V��V�4v,,sim-ivi2„, �V��V wv- Nv,,.svA,37,co,„,,?c,..Iva,„ 7 V�,�`V'J�V-Nyai, VV'�� V/�� V�J v' Vi TCAr o � O a.a ZDnC E1 L. HOOV It FA „,„,. V tat Cif:... oriba o • V �V�v ii�, _�� n0-101-5 ' V° h GOD WE tQV�'t ° arita gE lii tartmpnt of tuft. an,-3 n C I certify that the attached is a true and correct copy of the V oirk,. x Articles of Incorporation of GRINERS AUTO SALES, INC., a PVC "VC corporation organized under the Laws of the State of Florida, filed on October 25, 1990, as shown byiNC P• VC the records of this office. V DiNC V �f k The document number of this corporation is S09065. Clint Inc °V° V Clint Clint Print 6 V 'J 5 J 3 ----• icE. gE Given under mg tiara' am the P• VC (great cuaz1 of Die c$tute of jluribtx, '75V. ;7[,-6 at c`�ttllttliusset,tile(IuFitu1,t11is t�E V �nC 29thtt October, 1990. 5/111-6 "„I°° Gn5 zx rei: ,'�:i Ate., rpm e•t VC ""'�1�� r - -,mr �ro KC • -- ao •• 'lhG il ncl,, r1 % ,-,C.;:.. Jim (*mi#Con � gint � ecretttrg al�ttttP�o CR2E022 (8-89) o n,, ARTICLES OF I.'.ICORPORATION ^~ ram_ The undersigned, for the purpose of forming a corporation under the Florida General Corporation Act, hereby adopts .the. .following Articles of Incorporation. .,i ARTICLE ONE The Corporate name is GRINER AUTO SALES AND SERVICES, I C. ARTICLE TWO ADDRESS OF THE CORPORATION 11460 West Highway 50 Ocoee, Fl . 34761 ARTICLE THREE CAPITAL STOCK 1 The aggregate number of shares which the Corporation has/ authority to issue is 100 . riL'e 7°I Q 06 93 MEMORANDUM TO: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL SHELLY SIMON, CODE ENFORCEMENT OFFICER FROM: JULIAN HARPER, ZONING COORDINATOR DATE: JANUARY 14, 1997 SUBJECT: GRINER AUTO REPAIR AND SALE 1) Miscellaneous pipes, wood, grove heaters, batteries and other debris located on the outside of building to be disposed of, taken inside the building or stored behind the building in the enclosed wood fence enclosure. 2) Office and restrooms to be made handicapped accessible; condensate line from the office air conditioner to be removed or install new line so that it does not drip water on bathroom sidewalk; and, the sidewalk leading to the bathroom has an 8" drop-off, which is hazardous to limited mobility people. Nct _i, Recommend that this area be filled-in and sodded in order to qbring grade level up to the sidewalk height. 3) Place 6" non-mountable and anchored parking blocks or doubled- up 4" blocks across the western driveway on the turnpike off- ramp. Paint blocks DOT Gold for increased visibility. 4 ) Remove the following unlicensed and disabled or junk vehicles from the premises: 3 autos, 1 limo, and 1 tow truck as pointed-out to applicant at the time of site inspection. 5) Direct Western Waste to remove their dumpster from the Marshall Farm Road right-of-way, and place inside the property boundaries. 6) Specify a date for removal of the steel sign pillars located on the east side of the property. Don0114 . jrhCk - r MQ CLdS,UA.6 wd'Ae" WAAidt; r(-)O S C c �\cz \�L-c-J , ' r Ofd), 00i-c_Ak 1;INU(1- ,-w ec c January 15 , 1997 Gary Griner 11460 West Colonial Drive Ocoee, Florida 34761 SUBJECT: OCCUPATIONAL LICENSE FOR GRINER AUTO SALES AND SERVICES Please find the below list of items to be corrected as a condition of approval of your occupational license: 1 ) Miscellaneous pipes , wood, grove heaters, batteries and other debris located on the outside of building to be disposed of , taken inside the building or stored behind the building in the enclosed wood fence enclosure. 2 ) Condensate line from the office air conditioner to be removed or install new line so that it does not drip water on bathroom sidewalk; and, the sidewalk leading to the bathroom has an 8" drop-off, which is hazardous to limited mobility people. Recommend that this area be filled-in and sodded in order to bring grade level up to the sidewalk height. 3 ) Place 6" non-mountable and anchored parking blocks or doubled- up 4" blocks across the western driveway on the turnpike off- ramp. Paint blocks DOT Gold for increased visibility. 4 ) Remove the following unlicensed and disabled or junk vehicles from the premises : 3 autos, 1 limo, and 1 tow truck as pointed-out to applicant at the time of site inspection. 5 ) Direct Western Waste to remove their dumpster from the Marshall Farm Road right-of-way, and place inside the property boundaries . 6 ) Specify a date for removal of the steel sign pillars located on the east side of the property. 7 ) Present a copy of your vehicle repair registration from the Florida Department of Agriculture and Consumer Services . 8 ) Present a copy of your vehicle sales license from the Department of Motor Vehicles. Gary Griner January 15 , 1997 Page 2 You are required to complete all items listed above and request a reinspection within thirty ( 30 ) days of the issuance of this license. If you have any questions regarding this matter, please contact me at 656-2322 extension 133 . Sin ely, ) Shelly Simon Code Enforcement Officer Gar0115 .pms OCCUPATIONAL LICENSE INSPECTION REQUEST FOR: GRINER AUTO SALES ADDRESS : 11460 W. COLONIAL DRIVE DATE: 1-14-97 TIME: 10 : 00 STAFF REQUESTED [X] DON FLIPPEN, BUILDING AND ZONING DIRECTOR [X] SHELLY SIMON/RANDY CONYERS/JEFF DYER, CODE ENFORCEMENT OFFICER [X] ED HENDRIX, ELECTRICAL INSPECTOR [X] CAPTAIN CASH/ JACKIE LEVESQUE, FIRE INSPECTOR [X] MARK BROWNOLD, BACKFLOW TECHNICIAN [X] JANET RESNIK, CONCURRENCY ANALYST COMMENTS: PLEASE ATTACH ANY AND ALL COMMENTS REGARDING THIS INSPECTION AND RETURN TO SHERRY SEAVER. THANK YOU! 1c l-i1f-97 SIGN RE F INS CTOR/DATE 71 LAJ, O S L-r- 1 (/ ) CD AlL6Lj\LtA LC:1- \r v -1-17C74 LtiLk 5 Zge Ta-t"-t1 Ria) jeNtflp NOTICE OF CODE VIOLATION Address: 11460 W. Colonial Drive Ocoee, Florida 34761 To: Christensen Family I Ltd. 9117 Bay Point Drive Orlando, Florida 32819 YOU ARE NOTIFIED, pursuant to Chapter 7.6 of the Code of Ordinances of the City of Ocoee, that the following violations of the Code of the City of Ocoee have been noted with respect to the property identified above: • Observation: Operating a tire salvage yard without a license, obstruction required off- street parking with tires, erecting signs,pennants, banners. Remedial/Corrective action: Remove salvage business from C-3 Zoned property and all tire inventory to clear up required parking area. Remove all un-permitted and prohibited signage, as well as, old sign pole. Remark parking to be easily discernible. The information listed below are the code(s) that are in violation. Section of Code Violated Description of Violation 119-2 Engaging in business without license. It shall be unlawful for any person to engage in any business, occupation or profession within the city without a license issued hereunder or upon a license issued upon false statements made by any person or on behalf of such person is conducting such business shall be prima facia evidence of a violation hereof. Tire business being conducted on property without City Occupational License. Article VI DESIGN AND PERFORMANCE STANDARDS DESIGN STANDARDS Land Development Code 6-4 OFF STREET PARKING STANDARDS A. Intent and Application. It is the intent of these requirements that adequate parking and loading facilities be provided off the street easement or right-of-way for each use of land covered by this ordinance. Requirements are intended to be based on the demand created by each use. There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type of use or occupancy to another, permanent off-street parking spaces in the amount specified by this section. Such parking spaces may be provided in a parking garage or properly graded and paved parking lot as provided herein. Required parking was designated at the time the occupational license was issued. Business has failed to maintain required adequate off-street parking by obscuring area with excessive amount of tires. Land Development Code 6-4 OFF STREET PARKING STANDARDS H. Off-Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety. Upon a determination by the Development Review Committee up to twenty-five percent (25%) of parking spaces may remain unpaved. A place of worship, or other institutional use without daily parking needs may be allowed to leave fifty percent (50%) of all parking spaces unpaved. The applicant shall supply evidence that the unpaved parking area will not cause erosion, reduce water quality, or any other degradation of the natural or built environment. Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approve a grass or mulched surface. Should the use of this lot change appreciably, however, such that a grass of mulched surface is no longer adequate, the City may require the lot to be resurfaced with a more durable material. The location of individual parking spaces shall be clearly marked. Each off-street parking space shall include one hundred ei,ehty (180) square feet in addition to space for access drives and aisles. The minimum size of each space shall be nine (9)feet by twenty (20) feet. Aisles for two-way tragic in parking lots shall be twenty-two (22)feet in width. Aisles for one-way traffic with angle parking may be reduced to fifteen (15) feet in width. Off- street turning and maneuvering space shall be provided for each lot containing six (6) or more spaces so that no vehicle will be required to back onto or from any public street or alley. Required /adequate parking for business is not available. Tires block a percentage of this area. (3) All off-street parking spaces shall be clearly defined and maintained in a manner that parking spaces, pavement markings, turn arrows, etc., are always easily discernible. Parking spaces are not defined and discernible and are blocked with tires. Land Development Code 6-5 OFF-STREET LOADING STANDARDS A. There shall be provided on the same lot with each building or structure, other that a one-through four-family dwelling hereafter constructed, adequate space for off-street loading, unloading and the maneuvering of commercial vehicles. There shall be no loading or unloading of commercial vehicles on a public street. Off-street maneuvering space shall be provided so that no backing onto or from a public street is required All loading and maneuvering areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety, and shall have direct access to a public street or alley. Off-street maneuvering areas are partially blocked by tires. Land Development Code 6-10 LANDSCAPING (7) Other requirements. (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 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. Excessive outside storage of tires. Article VIII SIGNS Land Development Code 8-2 ADMINISTRATION The following provisions shall govern the administration of this section: A. Building permit required-no person shall erect, alter, repair or relocate any sign without first obtaining a building permit for such work from the Building and Zoning Official of the City of Ocoee. No permit shall be issued until the Building and Zoning Official determines that such work is in accordance with the requirements contained in this Section. Unpermitted signage on building advertising used tires. c. Land Development Code 8-3 GENERAL REQUIREMENTS FOR ALL SIGNS. C. Unsafe signs-Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the Building and Zoning Official, the owner, or the person or firm maintaining the sign, shall upon written notice from the City, secure the sign in a manner to be approved by the Building and Zoning Official in conformity with the provisions of this Code, or remove the sign. If such notice is not complied with in eight (8) days the building and Zoning Official shall remove the sign at the expense of the owner. Old sign pole on east side of building needs to be removed D. Maintenance-All signs, together with their parts, supports, braces, guys and anchors shall be maintained, treated and/or painted. Old sign pole on east of side of building needs to be removed. Land Development Code 8-6 OTHER SIGNS-GENERAL REQUIREMENTS Unless otherwise specified, the following sign regulations shall apply generally throughout the City: A. Banner signs (1) Street banner signs, streamers, pennants, flags, ribbons, spinners, or other such devices: Shall be prohibited. Balloons, flags, and pennants being displayed on property. O. Trailer signs: Trailer signs are prohibited in each and every zoning district in the City. Business puts trailer sign in front of business for advertisement. Article II LANGUAGE AND DEFINITIONS Land Development Code 2-4 DEFINITION OF TERMS C. For the purposes of this Code, the following terms shall have the meanings set forth in this section unless otherwise indicated by the context: 21) Automotive Wrecking or Salvage Yards: The dismantling or wrecking of used motor vehicles, or the storage, sale or dumping of such wrecked or dismantled vehicles or parts, which shall be permitted only in an I-2 General Industrial District. Operating a use required to be operated in an I-2 zoning,within a C-3 zoned area. The violation(s) was observed by Shelly Simon, the undersigned, on July 28, 1999. YOU HAVE UNTIL August 12, 1.999, to correct the violation(s) described 'r. above to comply with the Code. Failure to comply by this date will result in the commencement of appropriate enforcement action, including a possible fine, not to exceed $250.00 per day for each day the violation continues past the date set by the Code Enforcement Board for compliance, and in addition, the fine may include costs incurred by the City under certain circumstances. If any violation is corrected and then recurs, or if any violation is not corrected by the time specified for correction, this matter may be presented to the Code Enforcement Board even if such violation has been corrected prior to the Code Enforcement Board Hearing. The burden rests upon you to request a re-inspection in order to determine whether the property has been brought into compliance. I certify that a copy hereof has been furnished to each addressee named above on August 12, 1999. [] Hand Delivery to each addressee. [] Hand Delivery to addressee's usual place of residence to a person residing therein who is above fifteen years of age, informing such person of the contents of Notice. [ ] Certified Mail, RESTRICTED DELIVERY-ADDRESSEE ONLY, return receipt request d, certified mail number [X] Regular Mail. Signature: Name: S elly Simon Title: ode Enfor went Supervisor Telephone: 656-2322 extension 134 ,YJ .. � � t I . 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