HomeMy WebLinkAboutV (A2) Second Reading Ordinance No. 97-02, relating to proposed equipment screening requirements AGENDA 1-7-97
Item V A 2
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE"
Ocoee S.SCOTT VANDERGRIFT
O\
COMMISSIONERS
5 Q- CITY OF OCOEE RUSIYJOHNSON
SCOTT ANDERSON
150 N.LAKESHORE DRIVE SCOTT A.GLASS
K.... • OCOEE.FLORIDA 34761-2258 JIM GLEASON
A% (407)656-2322
• CRY MANAGER
OF GOO°\ ELLIS SHAPIRO
STAFF REPORT
SRP-96-038
DATE: December 11, 1996
TO: The Honorable Mayor and City Commissioners
THROUGH: Russell B. Wagner, AICP, Director of Planning
FROM: Abra E. Home, Senior Planner gide
SUBJECT: Land Development Code Amendment - Proposed Equipment Screening Requirements
CASE#: LDC-96-002
ISSUE:
Should the Mayor and City Commissioners approve Ordinance 97-02 amending the Land Development
Code to clarify the City of Ocoee's equipment screening requirements?
BACKGROUND:
The City's roof mounted equipment screening requirements are ambiguous. The existing Land
Development Code simply states that, "All roof mounted equipment shall be screened from view."
Although staff has tried to enforce this requirement in a consistent manner, several key issues always
need to be taken into consideration; (1) How should the equipment be screened? (2) From what vantage
point should the equipment be screened? and (3) What equipment should be screened? Recent
examples of different concerns raised by these three issues follow.
Example#1. How should roof mounted equipment be screened? A developer built a shopping center
with a flat roof and no roof screening. After construction began, the principal tenant was
required to construct a mansard-style roof along their part of the building to screen their
roof mounted equipment. As subsequent tenants leased space in the shopping center,
they also installed roof mounted equipment but they were allowed to screen the equipment
with lattice fencing installed around individual pieces of equipment.
Problems: The latter interpretation was less expensive and less effective. The resulting screening is
more visible from adjacent roadways and properties and therefore more obtrusive than the
equipment that it was installed to mask. All tenants were not treated equitably. This is a
piecemeal approach and would result in a potpourri roofline.
Example#2. From what vantage point should the equipment be screened? A site plan for a shopping
center was submitted and staff requested that the applicant include adequate screening
for roof mounted equipment within the architectural design of the building. Although the
applicant included a parapet-style roof front along the front of the shopping center, no
screening was provided along the sides or rear of the shopping center.
`Y&(
The Honorable Mayor and City Commissioners
December 11, 1996
Page 2
Problems: In a typical shopping center, the major roadway and parking area would be screened by
the parapet-style roof front whereas adjacent properties to the rear and sides would not be
adequately screened. Typically, areas to the rear of shopping centers will be residential
or professional. In this instance, the equipment would be screened from the view of a
passing vehicle better than from an adjacent land use.
Example#3. What equipment should be screened? A restaurant with roof mounted ventilation
equipment was constructed on a shopping center outparcei. The shopping center itself
was required to install architecturally compatible screening along all four sides of the roof
to screen all roof top equipment. However, another restaurant located within the shopping
center submitted building plans that did not include any screening for roof mounted
ventilation equipment. Staff requested that the applicant comply with the roof mounted
screening requirements and the applicant asked for a definition of roof mounted
equipment. When staff said that ventilation equipment would be included, the applicant
stated that he would install the ventilation equipment on the side of the building rather than
comply with the City's roof screening requirements.
Problems: The existing language does not define roof mounted equipment. Ventilation equipment
does not appear to be addressed by the City's general screening requirements.
Additionally, it is unclear who has the authority to interpret this section of the Land
Development Code.
DISCUSSION:
Staff has reviewed the existing screening requirements and agreed upon a new policy. Accordingly, w:
would like to establish regulations requiring that the plans for commercial and industrial buildings include
in their architectural design a permanent and continuous screen at or near the perimeter of the roof.
Examples of such screens include: parapet walls, mansard-style roof fronts, penthouses. and similar
structures. Accordingly, staff has drafted revisions to the Land Development Code to address the above
concerns as follows (refer to the attached Ordinance for details):
(a) Section 2-4 - Adding a definition of roof mounted equipment;
(b) Section 4-5 - Clarifying the equipment screening requirements within the PUD District
and delegating the authority to interpret that Section; and
(c) Section 6-10 - Clarifying the equipment screening requirements within commercial and
industrial districts and delegating the authority to interpret that Section.
PLANNING AND ZONING COMMISSION RECOMMENDATIONS:
At their meeting on December 10, 1996, the Planning and Zoning Commission unanimously
recommended approval of Ordinance 97-02 providing for revisions to Sections 2-4, 4-5, and 6-10 of the
Land I Development Code.
The Honorable Mayor and City Commissioners
December 11, 1996
Page 3
STAFF RECOMMENDATION:
Based upon DRC and Planning and Zoning approvals, Staff respectfully recommends that the Mayor and
City Commissioners approve Ordinance 97-02 providing for revisions to Sections 2-4, 4-5, and 6-10 of the
Land Development Code, upon finding them to be consistent with the Ocoee Comprehensive Plan.
Attachments: Proposed Ordinance
Existing Sections 2-4,4-5.8.6-10 File:G\CAPDFILE\STAFFR-1\CCSR-1\SRP96038.WPD
ORDINANCE NO. 97-02
AN ORDINANCE OF rill, CITY OF OCOEE, FLORIDA RELATING TO
ROOF-MOUNTED EQUIPMENT; CREATING A NEW SECTION 2-
4 .C. (228 .1) OF ARTICLE II OF CHAPTER 180 OF THE CODE OF
ORDINANCES OF tat. CITY OF OCOEE TO DEFINE ROOF-MOUNTED
EQUIPMENT; AMENDING SECTION 4-5 .M. (7) OF ARTICLE IV OF
CHAPTER 180 OF rah CODE OF ORDINANCES OF THE CITY OF
OCOEE TO CLARIFY rah EQUIPMENT SCREENING REQUIREMENTS FOR
COMMERCIAL AND INDUSTRIAL BUILDINGS WITHIN PLANNED UNIT
DEVELOPMENTS; AMENDING SECTION 5-10 . I. (7) OF ARTICLE VI
OF CHAPTER 180 OF rah CODE OF ORDINANCES OF THE CITY OF
OCOEE TO CLARIFY THE EQUIPMENT SCREENING REQUIREMENTS FOR
COMMERCIAL AND INDUSTRIAL BUILDINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVI➢ING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee ( "City
Commission" ) desires to amend the City' s roof-mounted equipment
regulations by adopting a definition of "roof-mounted equipment" in
and clarifying the equipment screening requirements in
Articles IV and VI, all in Chapter 190 of the Code of Ordinances of
the City of Ocoee, Florida; and
WHEREAS, pursuant to the provisions of Chapter 163 ,
_ _o__da Statutes, the Ocoee Planning and Zoning Commission, acting
as the Local Planning Agency of the City, has held a public hearing
on December _ , 1995 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
[hereto; and
WHEREAS, the City Commission finds and determines that
this Ordinance is consistent with and implements the City of Ocoee
Comprehensive Plan and that adoption thereof is in the best
interest of the City of Ocoee .
NOW, 1HhREFORE, HE IT ENACTED HY 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 v:T_: of the
Constitution of the State of Florida and Chapters 163 and 166 ,
Florida Statutes .
SECTION 2 . Definition of Roof-Mounted Equipment.
Section 2-4 _C. (229 .:) of Article _I: of Chanter 190 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby created to read
as follows (with additions underlined) :
Roof Mounted Equipment: T',is term shall include all a' -
cond4t' ^n",a - ^aeration, air handling. �lecr-sal .
v's' ^c. plumbic sate-1147e , communication. or similar
:4ev4oss -4h4 ^.h extend above `he roof-1 '- n of -he :bi —i ro
rJe^c-_ca' and t_iephone risers are eccl^c'ed) .
SECTION 3 . Eau+nment Ssreenina RecUipests in Planned
Unit Developments. Section 4-5 .M. (7) of Article :V of Chanter 180
of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended to read as follows (with additions underlined) :
(a) [no chance]
(b) [no change]
(c) [no change]
(d) Coen storage of articles, goods or materials shall not be
permitted unless totally screened from the public right-
of-way and adjacent properties . Utility fixtures
vent' lat4on equipment . and mechanical equipment , when
outside a structure, shall be screened with walls,
fences, dense plant material or berms or a combination of
the above, or within a completely enclosed area. Display
areas shall not be visible from the right-of-way or
abutting properties .
(e) All roof mounted equipment shall be screened from view.
Screening shall be ac Jeast as tall as the ra1lesc.
earimment exrend+ na above -he roof- line . Screening
materials shall meet all atoneable buildjna _odes and
Shall be a nermanenr bui ( rina material Lorared 471 a
continuous fashion alora or
in_ close orox' mi=v -O -^e
-erime --T of -�a .-oaf of a commercial or industrial
'-u- ' dinc The sr—en shah totally obscure the view oL
all roof mourned equipment -rpm ad'arerr gronerry 1 ; -1e1
and road right-of-way lanes and shall be de red as ar
; ....e ral ..a._.. of th :hu' lr4^g ercnrer-.,..._ (P .C. carncet.
walls, mansa-d-scvle roof ` o.:ts. ten-rouses. er
=^(-• ^SUMPS) Ml t 1 = .=n rloslIr SUr`^UndnC nt4ir
zteces of roof mounted =6u:Dmert shel: rot he Der^nitted.
f) chance]
C; change]
'(:hi change]
Si. _ t -oretat+cn - Where there ' S any ambicu' ry or ri' sout.=..
^nterhna "'P ' r ternrerar' Cr of t -'PSP
=ec' s'trn of The Director of F'_ann' nc grail o -evail . _Ary
te-son acarjeved or adverse' ', affectedby such decision
Say e er aoOea ' with the Ciro' Clerk within 30 days .
quo': apnea' shall he heard as provided i n Section 3 -
. . . " lop -^e OroPP and Develonme'Zt Code .
3
SECTION 4. Enj went Screening Reguirementa. Section 6-
10 . r- . (7) of Article VI of Chanter 180 of the Code of Ordinances of
the City of Ocoee, Florida, is hereby amended to read as follows
(with additions underlined) :
(a) [no change]
(b) [no change]
(c) (no change]
(d) Open storage of articles, goods or materials shall not be
permitted unless totally screened from the public right-
of-way and adjacent properties . Utility fixtures.,_
ventlaton equipment . and mechanical equipment, when
outside a structure, shall be screened with walls,
fences, dense plant material or berms or a combination of
the above, or within a completely enclosed area. Display
areas shall not be visible from the right-of-way or
abutting properties .
(e) Al]. roof mounted equipment shall be screened from view.
Screeninc shall be at leasr as tall as `he tail sr
equipment exrendinc above the roof-line. gcreennc
materials shall meet m s anc1icable hu= ' dinc codes and
SGall 'op a TerTannnr hill' (iing material located al a
corc' -iuous `ashicn along cr in :-lose ornrmi -v 'c the
per Teter of -'e roof of a cnmmern' al or ; ndusrr; =l
bui la nq 7,12 screen shall `Classy obscure the view c'
ail -rant- mcurred erniipmenr From adiacenr nrooarl.v l + nes
ant' road riart-of-wav l 'nes and shall be designed as an
wallnral nat.- - the huild; na arrbirecr,, . fe .g naraper
at.-s, mansard-suvie root "-errs . :perr"ouseq, or s4mil ?-
er(-acsures) mu- --r: e au.'rcuT•di nc 4 -1r14videa.
Pieces of roof cobnced ecuitment sbal' roc be ce'mitted.
[no chance]
[no change]
) :no change]
�_ _nterc retmt:or - Wbere -'".erg ' s anv amp'Cui tv or di salute
"orcer'linc "he ' nrerprararicn of "leSa rec iremenrs, the
.isior of rna 7i-en-rr of Flar'rng shall nreva' l arc
person aacr eve_ Pr adversely =faceted by such decision
may Flle an appeal with the C' tv Clerk within 30 days .
Sucr appeal shall be heard as Droviaed R Section 3 -
_ . 7 . l1lof the Ocoee Land Developmenr rode
SECTION 5 . Severability. _f anv section, subsection,
sentence, clause, phrase, or portion of this Ordinance is for any
reason held -nvaiLd or unconstitutional by any court of competent
1
jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the
validity of the remaining portion hereto .
SECTION 6 . Ond444cation. =t is the intention of the
City Commission that the provisions of this Ordinance shall become
and be made a part of the Code of Ordinances of the City; and that
sections of this ordinance may be renumbered or relettered and the
word "ordinance" may be changed to "chapter" , "section" , "article" ,
or such other appropriate word or phrase in order to accomplish
such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered
or -e' -=*-=--d and the correction of typographical errors which do
not a'= 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 7 . FfFer.t ve flare. 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 L996
Rr'AO FIRST TIME December 17 1996
READ SECOND TIME AND ADOPTED
997
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
This day of _99
FOLEY F< LARDNER
Ac_ornev
Cecemoer 4. 1996i 11:5oaml
P'ARPDFILE,LCC-REVOI CC36002`.RCCFEOP CRD
a'r ROOFEQP OROI L' I:.%IOCOEE FORMS i DISK) MHF'm
0
The Ohanaa Seminal.Surety.December a. 19% K-S
N •TI E • F • • EE LAND
DEVELOPMENT CODE CHANGE
AND NOTICE OF PUBLIC
HEARINGS BY THE
OCOEE CITY COMMISSION
NOTICE IS HEREBY GIVEN pursuant to Section 166.041, Florida
Statutes, that the City Commission of the City of Ocoee proposes to
adopt the following Ordinance to amend the Ocoee Land
Development Code:
ORDINANCE NO. 97-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ROOF-MOUNTED EQUIPMENT; CREATING A NEW
SECTION 2-4 C. (228.1) OF ARTICLE II OF CHAPTER 180 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE TO DEFINE
ROOF-MOUNTED EQUIPMENT;AMENDING SECTION 4-5 M. OF
' ARTICLE IV OF CHAPTER 180 OF THE CODE OF ORDINANCES OF
THE CITY OF OCOEE TO CLARIFY THE EQUIPMENT SCREENING
REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL BUILDINGS
WITHIN PLANNED UNIT DEVELOPMENTS: AMENDING SECTION 8-
,10 I. OF ARTICLE VI OF CHAPTER 180 OF THE CODE OF ORDI-
NANCES OF THE CITY OF OCOEE TO CLARIFY THE EQUIPMENT
(SCREENING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL
BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR COD-
IFICATION; PROVIDING AN EFFECTIVE DATE.
(Public heanngs on the Ordinance will be held on Tuesday, Decemoer
1996 at 7:20 a.m. or as soon:hereafter as orachcal. and Tuescav,
'January7. 1997 at 7:30 p.m. or as soon thereafter as practical, at the
Commission Chambers. Ocoee City Hall. 150 North Lakeshore Drive.
Ocoee. Ronda.
IA cccv at the proposed Ordinance may oe inspected by the public In
the office of the Ocoee Planning Department, City Hall. 150 N.
(Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except legal holidays. Interested parties may
appear at the hearings and be heard with respect to the adoption of
• the proposed Ordinance.
If any person desires to appeal any decision with respect to any mat-
ter considered at these public hearings. such person will need a
record of the proceedings and for this purpose, such person may
need to ensure that a verbatim record at the proceedings is made
which includes the testimony and evidence upon which the appeal is
based. Persons with disabilities needing assistance to oatticipate in
any of the proceedings should contact the City CIerk's office 48 hours
in advance at the meeting at (107) 656-2322
Jean Grafton, City Cery December 3. 1996
Cay of Ocoee Decemoer 29.1996
cm me Orlando Stn. .suscay.0er at 29.1936 K3
NeTI E •F OC •EE LAND
DEVELOPMENT CODE CHANGE
AND NOTICE OF PUBLIC
HEARINGS BY THE
OCOEE CITY COMMISSION
NOTICE IS HERESY GIVEN pursuant to Seaton 166.041, Panda
Statutes, that the City Commission at the City or Ocoee proposes to
adopt the following Ordinance to amend the Ocoee Land
Oevetemment Code:
ORDINANCE NO. 97-02
AN ORDINANCE OF THE OFTY OF OCOE. FLORIDA
RELATING 70 ROOF-MOUNTED EQUIPMENT: CREATING A NEW
SECTION 2-4-C. (228.1) OFART1CLEII CF CHAPTER 180 OF THE
CODE OF ORDINANCES OF THE CITY OF OCCEETO DEFINE
ROOF-MOUNTED EQUIPMENT;AMENDING SECTION 4-5 M. OF
ARTICLE IV CF CHAPTER 180 OF THE CODE CF ORDINANCES OF
THE CITY OF OCOEE TO.CLARIFY THE EQUIPMENT SCRENING
REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL SUILDINGS
WITHIN PLANNED UNITDEVE.OPMEITS;AMENDING SECTION 6-
10 I.OF ARTICLE VI OF CHAPTER 180 OF THE CODE OF ORDI-
NANCES OF THE CITY OFOCCEE TO CLARIFY THE EQUIPMENT
SCREENING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL
BUILDINGS: PROVIDING FOR SE/E9ABIUTY; PROVIDING FOR COO-
T IIFICATION; PROVIDING AN EFFECTIVE DATE
Pudic neanngs on the Ordnance wail be neic cn 'uescay, Decemoer
17, 1996 ar 7:30 p.m. or as soon thereafter as cracncat, ate Tuesday,
January 7, 1997 at 7:30 am. or as scan thereafter as practical, at the
Commission Chambers. Ocoee CN Hall. 150 North Lanesnore Drive,
Ocoee. Ponca.
A copy or the oroposed Crainarce may be inscected by the public in
the office of the Ocoee ?fanning Department. City Hall. ISO N.
Laxesncre Drive. between the nours of 9:00 a.m. anc 5:00 p.m.,
Monday through Friday, except legal holidays. Interested parties may
appear at the hearings and be heara with respect to to adoption of
the proposed Ordinance.
If any person desires to appeal any decision with respect to any mat-''
ter considerec 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 retard of the proceedings is mace
wnich includes the testimony and evidence upon venial the appeal Is
based. Persons with disabilities needing assistance to oartldcare in
any of to croceedings snoula contact the City Cten<'s office 48 hours
in advance of the meeting at;407) 6656-23222
Jean Grafton, C:y Cern December 8. 1996
Cry of Ocoee December 29,1996