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HomeMy WebLinkAboutV (A1) Second Reading Ordinance No. 97-01, relating to temporary parking and occupancy of Recreational Vehicles • AGENDA 1-7-97 1 Lem V A I FOLEY & LARDNER ATTORNEYS AT LAW SUITE 1800 i l l NORTH ORANGE AVENUE A MEMBER OF GLOBALEx ORLANDO, FLORIDA 32801 WITH MEMBER OFFICES IN JACKSONVILLE ASSEE TELEPHONE 14071423-%659 aERury LLA BRUSSELS TAMPA FACSIMILE 1407) 648-1743 DRESDEN M ILWESTW PAL,X MEE BEACH MAILING ADDRESS NKFURT EE LONDON ADISON POST OFFICE BOX 2193 TARIT CRiGGO ORLANDO, FL 32802-2193 SINGAPORE wASRINGTON,o,C ST UTTGART TAIPEI MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E . Rosenthal, Esq. , City Attorney DATE : December 30 , 1996 RE : Proposed Ordinance No . 97-01 : Land Development Code Amendment Reaardina Temporary Parking and Occupancy of Vehicles The City Commission held a first reading and public hearing on the above-referenced ordinance at its meeting of December 17, 1996 . The second reading and public hearing is scheduled for January 7 , 1997 . The City staff has further reviewed the proposed ordinance and is recommending that a special permit under The ordinance be issued only if the applicant obtains the written consent of all abutting property owners located within 300 feet of the area within the applicants property where the proposed te_mnorary parking and occupancy cf vehicles will occur. On larger sites, there may not be any abutting property owners within 300 feet of the designated area. On smaller sites, there will be abutting property owners within 300 feet who will be directly affected by the noise and visual impacts of the temporary use and occupancy. Since the temporary use will be permitted within all zoning districts, this additional requirement assures the support of the immediately affected neighbors . in order to implement this revision being proposed by City staff , the City Commission should move to amend Ordinance No . 97-01 by adding the following immediately following the first sentence of proposed Section 5-3 . D . 2 of Article V of Chanter 180 of the Ocoee City Code: "Anv organization seeking a special permit under the provisions of this subsection shall complete an application form prepared by the Building Official . The information provided by the organization on the application form shall include, but not be limited to, the following: a) Name, mailing address and phone number of applicant . b) Name and phone number of contact person for applicant . c) Street address of real property which is the subject of the application. d) Sketch or other information identifying the area within the applicant' s property where the temporary parking and occupancy of vehicles will occur. e) Statement by the applicant that it is the owner of the real property which is the subject of the application. The application shall be accompanied by a written consent to the proposed temporary use which is signed by all abutting property owners located within 300 feet of the area within the property where the temporary parking and occupancy of vehicles will occur. The special permit shall not be issued unless the applicant submits to the Building Official the foregoing written consents . " Attached hereto is a revised Ordinance 97-01 which incorporates the above amendment . The Amendment does not chance the title of the ordinance . Following adoption of the proposed Amendment , the C_Cy Commission should move to adopt Ordinance No . 97-01 , as amended. PER :dh Enclosure cc : Ellis Shapiro, City Manager Don Fl_pnen, Building Official Russell 3. Wagner, AICP, Director of Planning Jean Grafton, City Clerk f_`Wl5P DVLS X0F.MEMDSPERDDH 1230a12!Di9o[OF.R RICH PER eM1 ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO TEMPORARY USES; AMENDING SECTION 5-8 . D. OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO ALLOW TEMPORARY PARKING AND OCCUPANCY OF VEHICLES ON THE PROPERTY OF CHARITABLE, RELIGIOUS, PHILANTHROPIC, CIVIC, OR OTHER ORGANIZATION OF A SIMILAR NATURE UPON ISSUANCE BY THE BUILDING OFFICIAL OF A SPECIAL PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee ( "City Commission" ) desires to amend the City' s temporary use regulations as set forth in Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida; and WHEREAS, pursuant to the provisions of Chapter 163 , Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the local Planning Agency of the City, has held a public hearing on December 10 , 1996 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan, and following such hearing found this Ordinance to be consistent with the Ocoee. Comprehensive Plan and in the best interest of the City of Ocoee, and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166 . 041 (3) (c) , Florida Statutes, the City Commission held public hearings on this Ordinance on December 17, 1996 and on January 7, 1997, after public notice and received public input with respect thereto; and WHEREAS, the City Commission finds and determines that this Ordinance is consistent with and implements the Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee . NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS : SECTION 1 . Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166 , Florida Statutes . SECTION 2 . Temporary Parking and Occupancy of Vehicles. Section 5-8 .D. of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with additions underlined) : C. Temporary Uses 1 . The following uses and/or structures shall he permitted for a period not exceeding ninety (90) days upon issuance by the Building Official of a permit therefore : (1) sale of Christmas trees, (2) fireworks, (3) special craft sales (sale items must) be made by sellers, and (4) construction trailers . A second permit not exceeding ninety (90) days may be issued to allow the completion of the activity and removal of structures . Any subsequent continuation of the temporary use structure shall only be permitted pursuant to a special exception issued by the City Commission. 2 . Within all zoning districts, a non-profit charitable, religious, philanthropic, civic, or other organization of a similar nature may allow temporary parking and occupancy of vehicles on its property for the purpose of conducting charitable, religious, philanthropic, civic and similar activities within the corporate limits of the City, for a period not exceeding fourteen (14) days upon issuance by the Building Official of a special permit to the organization therefor. Any organization seeking a special permit under the provisions of this subsection shall complete an application form prepared by the 3uildina Official . 2 The information provided by the organization on the application form shall include, but not be limited to, the following : a) Name, mailing address and phone number of applicant . bl Name and phone number of contact person for applicant . c) Street address of real property which is the subject of the application . d) Sketch or other information identifying the area within the applicant' s property where the temporary parking and occupancy of vehicles will occur. el Statement by the applicant that it is the owner of the real property which is the subject of the application. The application shall be accompanied by a written consent to the proposed temporary use which is signed by all abutting property owners located within 300 feet of the area within the orooerty where the temporary parking and occupancy of vehicles will occur. The special permit shall not be issued unless the applicant submits to the Suilding Official the foregoing written consents . No more than two (2) such special permits may be issued to any such organization within a calendar year. No electric, water, or sewer connections will be permitted in connection with such temporary uses and occupancy. SECTION 3 . 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 4 . Codification. It is the intention of the City Commission that the provisions of this Ordinance shall become 3 and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter" , "section" , "article" , or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1997 . APPROVED : ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) ADVERTISED December 8 , 1996 AND ADVERTISED December 29 , 1996 READ FIRST TIME December 17 , 1996 READ SECOND TIME AND ADOPTED 1997, UNDER AGENDA ITEM NO. 4 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1997 FOLEY & LARDNER 3y : City Attorney ;:W5r DOCSOCOETcu Pt! ORDMI)0/%MCEIDIEI r.rc WAh 5 K-0 The Odanco Sentinel.Suncay.Decanter 6. 1996 NOTICE OF OCOEE LAND DEVELOPMENT CODE CHANGE AND NOTICE OF PUBLIC HEARINGS BY THE OCOEE CITY COMMISSION NOTICE IS HEREBY GIVEN pursuant to Section 166.041, Florida Statutes, that the City Commission of the City of Ocoee proposes to adopt the following Ordinance to amend the Ocoee Land Development Code: ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY OF OCOEE. FLORIDA RELAT- ING TO TEMPORARY USES; AMENDING SECTION 5-8. D. OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO ALLOW TEMPORARY PARKING AND OCCUPANCY OF VEHICLES ON THE PROPERTY OF ,CHARITABLE, RELIGIOUS. PHILANTHROPIC, CIVIC, OR ;OTHER ORGANIZATION OF A SIMILAR NATURE UPON i ISSUANCE BY THE BUILDING OFFICIAL OF A SPECIAL PER- IMIT, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODI- FICATION; PROVIDING AN EFFECTIVE DATE. (Public hearings on the Ordinance wifI be held on Tuesday, Decemeer 17, 1996 at 7:30 p.m. or as soon thereafter as practical. land Tuesday. January 7. 1997. at 7:30 am. or as scan thereafter as oracccal, at the Commission Chamoers. Ocoee City all. 150 North i.axesnare Drive. Ocoee, Florida. A cosy of the proposed Ordinance may be inspected by the oublic in the office of the Ocoee Planning Department. City Ball. 150 N. • !takesnore Drive, between the hours of 8:00 a.m. and 5:00 ❑.m.. • !Monday through Friday, except legal holidays. Interested parties may appear at the hearings and be heard with respect to the 'adoption of;he proposed Ordnance. �Ilf any person desires to appeal any decision with respect to any matter considered at these public hearings, such person will need a record of the proceedings and for this purpose, such person may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is cased. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City 'Clerk's office 48 hours In advance of the meeting at (407) 656-23 IiJean Grafton. City Clerk City of Ocoee • ICI December a Isle December a 1996 K-S The Orlando Sentinel,Sunday,Decanter 29. 1996 oel NOTICE OF OCOEE LAND DEVELOPMENT CODE CHANGE AND NOTICE OF PUBLIC HEARINGS BY THE OCOEE CITY COMMISSION NOTICE IS HEREBY GIVEN pursuant to Section 166.041, Florida Statutes, that the City Commission of the City of Ocoee proposes to adopt the following Ordinance to amend the Ocoee Land Development Code: ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELAT- ING TO TEMPORARY USES; AMENDING SECTION.5-8. D. OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO ALLOW TEMPORARY PARKING AND OCCUPANCY OF VEHICLES ON THE PROPERTY OF CHARITABLE, RELIGIOUS, PHILANTHROPIC, CIVIC, OR ,OTHER ORGANIZATION OF A SIMILAR NATURE UPON ISSUANCE BY THE BUILDING OFFICIAL OF A SPECIAL PER- MIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODI- FICATION; PROVIDING AN EFFECTIVE DATE. Public hearings on the Ordinance will be held on Tuesday, December 17, 1996 at 7:30 p.m. or as soon thereafter as practical. and Tuesday, January 7, 1997, at 7:30 p.m. or as soon thereafter as practical. at the Commission Chambers. Ocoee City Hall, 150 (North Lakeshore Drive. Ocoee. Florida. IA copy of the proposed Ordinance may be inspected by the public in the office of the Ocoee Planning Department, City Hall, 150 N. Lakeshore Dnve, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. Interested parties may appear at the hearings and be heart with respect to the adoption of the proposed Ordinance. If any person desires to appeal any decision with respect to any matter considered at these public hearings, such person will need a record of the proceedings and for this purpose, such person may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's office 48 hours in advance of the meeting at (407) 656-23 Jean Grafton, C;ty Clerk City of Ocoee December 9. 1996 Decanter 29.1996