HomeMy WebLinkAboutVI (B) First Reading: Ordinance No. 98-02 Land Development Code Amendment to Add the Review of Special Exception to the Duties and Responsibilities of the Board of Adjustment Agenda 1-20-98
Item VI
"CENTER OF 6001)1.1VLV(i-PRIDE OF I I/SI ORANGE" MAYOR•COMMISSIONLR
S.SCOTT VANDERGRIIT
Ocoee Conmismon LRs
CITY OF OCOEE D.ANNYHOWL .l.
SC011 ANDERSON
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QI W A OMIT. 07)656 34761 2258 NANCY I. PARKER
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STAFF REPORT
DATE: January 14, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Russell B. Wagner, AICP, Director of Planning
SUBJECT: Land Development Code Amendment to Add the Review of Special Exceptions
to the Duties & Responsibilities of the Board of Adjustment (Ordinance#98-02)
ISSUE:
Should the Board of Adjustment review Special Exceptions instead of the Planning and Zoning
Commission?
BACKGROUND:
Several months ago, the Chairman of the Board of Adjustment met with City Staff to discuss the
duties and responsibilities of the Board of Adjustment. He asked why the Board of Adjustment
had not reviewed any special exceptions or had any other business during the past four years.
Staff stated that typically a Board of Adjustment reviews three types of applications:
(1) administrative appeals; (2) variances; and (3) special exceptions.
In the City of Ocoee, the Board of Adjustment is responsible for reviewing two types of
applications: (1) administrative appeals; and (2) variances. Staff explained that although the
Board of Adjustment had been responsible for the review of Special Exceptions prior to the
rewrite of the Land Development Code in 1992, the Planning and Zoning Commission was now
reviewing Special Exceptions in accordance with the new Code and recent planning ideology.
Staff explained that in recent years, the City had no administrative appeals or variances filed for
the Board of Adjustment to consider. Administrative appeals are applications where a person
alleges that there is an error in a Staff determination and that person requests that the decision
be overturned. Variances are applications where a person requests that the normal
requirements of the Land Development Code be set aside for one property based upon a
demonstrated hardship. In fact, there are only limited circumstances where someone can prove
that they are either unreasonably aggrieved to warrant overturning an administrative decision or
that they have a true hardship to justify a variance. Accordingly, it may be appropriate that the
Board of Adjustment has not had any business for the past four years.
The Honorable Mayor and City Commissioners
January 14, 1997
Page 2
DISCUSSION:
At the request of the City Manager, Staff recently completed a survey of 20 cities with
populations between 19,000 and 30,000 regarding the duties and responsibilities of their
respective Boards of Adjustment. Among other things, the survey was designed to determine
whether Special Exceptions were typically reviewed by the Board of Adjustment or the Planning
and Zoning Commission. Staff concluded that both boards review Special Exceptions in
comparably sized cities. Accordingly, it would not be unusual for Ocoee to have either the
Board of Adjustment or the Planning and Zoning Commission review Special Exceptions.
Since the survey was inconclusive and the Chairman of the Board of Adjustment had expressed
concern that the Board had not met in such a long time, the City Attorney drafted the attached
changes to the Land Development Code. If adopted, the Ordinance Number 98-02 would move
the review of Special Exceptions from the duties and responsibilities of the Planning and Zoning
Commission to the duties and responsibilities of the Board of Adjustment.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On January 13, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the proposed Land Development Code Amendment. The Members of the Planning
and Zoning Commission Members expressed serious concerns regarding the proposed
amendments, and after a lengthy and heated discussion, voted unanimously to recommend
DENIAL of the requested Amendment. They also requested that the reasons for their DENIAL
recommendation be included in this staff report, as follows:
(1) The Planning and Zoning Commission has been reviewing Special Exceptions for
four years and they have done a good job. They expressed the sentiment that "If it
ain't broke, then don't fix it."
(2) The Planning and Zoning Commission has a broad range of experience and a
"corporate memory" of related development approvals which uniquely qualifies them
to review Special Exception applications.
(3) Since there are only a few Special Exception applications each year, it would be
difficult for the Board of Adjustment to be "brought up to speed" regarding related
developments and issues of City-wide concern.
(4) If the City were to move the review of Special Exceptions to the responsibilities of
the Board of Adjustment, then Staff would have to advertise, schedule, and attend
another set of monthly evening meetings in addition to the Planning and Zoning
Commission and City Commission meetings potentially hampering the efficiency and
performance of planning staff at other City meetings.
The Honorable Mayor and City Commissioners
January 14, 1997
Page 3
STAFF RECOMMENDATION:
Based upon the Planning and Zoning Commission input and the inconclusiveness of the Board
of Adjustment Survey, Staff believes that the City Commission should resolve this issue as a
policy matter. Depending upon the outcome of City Commission deliberations on this matter,
Ordinance Number 98-02 may be voted upon for either acceptance or denial.
Attachments'. Ordinance#98-02
H.WLL DATA\CAPDFILE\Staff Reports\CC SR\SR98006Doc
CHI The Orlando Sentinel.Sunday,January 25. I998 K-
NOTICE OF LAND
_.DEVELOPMENT CODE CHANGE
The City Commission of the City of Ocoee proposes
to adopt the following Ordinance:
Ordinance No.N4I2
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA RELATING TO SPE-
CIAL EXCEPTIONS: LMENDING THE PROVISJQNS OF CHAPTER I38 OF
THE CODE OF ORDINANCES OF THE CITY OF' OCOEE. FLORIDA TO
AUTHORIZE THE BOARD OF ADJUSTMENT TO CONSIDER SPECIAL
EXCEPTION REQUESTS INSTEAD OF THE PLANNING AND ZONING COM.
MISSION AS FOLLOWS:.LMENDLNG SECTION 32 G.f5)OF.ARTICLE III TO
REMOVE CONSIDERATION OF SPECIAL EXCEPTION REQUESTS FROM
THE DUTIES AND RESPONSIBILITIES OF THE PLANNING AND ZONING
COMMISSION,.LMENDLNG SECTIONS:hi D.AND 34 E.OF ARTICLE III TO
.ADD CONSIDERATION OF SPECIAL EXCEPTION REQUESTS TO TIIE
DUTIES AND RESPONSIBILITIES OF THE BOARD OF ADJUSTMENT.AND
.AVIENDI,NG SECTION J-A OF ARTICLE IV FOR CONSISTENCY:PROVIDLNG
FOR SEVER ABILITY: PROVIDING FOR CODIFICATION PROVIDING AN
EFFECTIVE DATE. •
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The Ocoee City Commission will hold the second of two public hearings
concerning the proposed Ordinance on Tuesday, February 3. 1998 at ::15
p.m., or as soon thereafter as practical. at the Ocoee City Commission
Chambers. 150 North Lakeshore Drive. Ocoee. Florida. The City
Commission may continue the public hearing to other dates and times as
they deem necessary.Any interested party shall be advised that the dates.
• times,and places of any continuation of this or continued public hearings
• shall be announced during the hearing and that no further notices regard-
ing these matters will be published
A copy of the proposed Ordinance may be inspected by the public at the
Ocoee Planning Department, 150 North Lakeshore Drive.Ocoee. Florida,
between the hours of 3:00 am. and 5:00 p.m., Monday trough Friday,
except legal holidays.Interested parties may appear at the public hearing
and be heard with respect to the proposed Ordinance.This notice is given
pursuant to Chapter 1E0.041(3)tc,,Florida Statutes.
Any person wishing to appeal any decision made with respect to any met-
ier considered at the public hearing will need a record of the proceeding
and for this purpose may need to ensure that a verbatim record of the pro-
ceedings is made which includes the Testimony and evidence upon which
the appeal is based Persons with disabilities needing assistance to panic-
pate in any of the proceedings should contact the City Clerk's Office l8 ,
hours in advance of the meeting at 1407)S5&2 fl
Jean Grafton,City Cerk City of Ocoee
S
OR1 The Orlando Sentinel,Thursday,January 8,1999 ' U
NOTICE OF LAND DEVEL•PMENT CODE CHANGE
The City Commission of the City of Ocoee proposes to adopt the following Ordinance.
Ordinance No. 98-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO
SPECIAL EXCEPTIONS: AMENDING THE PROVISIONS OF CHAPTER
180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE.
FLORIDA TO AUTHORIZE THE BOARD OF ADJUSTMENT TO CONSIDER
SPECIAL EXCEPTION REQUESTS INSTEAD OF THE PLANNING MD
ZONING COMMISSION AS FOLLOWS: AMENDING SECTION 3-2 G.
(5) OF ARTICLE III TO REMOVE CONSIDERATION OF SPECIAL
EXCEPTION REQUESTS FROM THE DUTIES AND RESPONSIBILITIES OF
THE PLANNING MD ZONING COMMISSION, AMENDING SECTIONS
3-3 D. AND 3-3 E. OF ARTICLE III TO ADD CONSIDERATION OF
SPECIAL EXCEPTION REQUESTS TO THE DUTIES AND RESPONSIBILI-
TIES OF THE BOARD OF ADJUSTMENT,AND AMENDING SECTION 4-8
OF ARTICLE IV FOR CONSISTENCY;PROVIDING FOR SEVERABI ITY:
PROVIDING FOR CODIFICATION;PROVIDING AN EFFECTIVE DATE.
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The Ocoee City Commission will hold the first of wo public hearings concerning
the proposed Ordinance on Tuesday. January 20, 1998 at 7.15 p.m., or as soon
thereafter as practical. at the Ocoee City Commission Chambers. 150 North
Lakeshore Drive. Ocoee. Florida The City Commission may continue-he public
hearing to other dates and times as they deem necessary Any interested party shall
be advised that the dates. times,and places of any continuation of this or contin-
ued public hearings shall be announced during the hearing and that no further
notices regarding these matters will be published.
A copy of the proposed Ordinance may be inspected by the public at the Ocoee
Planning Department, 150 North Lakeshore Drive,Ocoee.Florida,between the hours of
8:00 a m.and 5 00 p.m.,Monday through Friday except legal holidays.Interested par-
ties may appear at the public hearing and be heard with respect to the proposed
Ordinance This notice is given pursuant to Chapter 166.041 (3)(c),Florida Statutes.
Any person wishing to appeal any decision made with respect to any matter con-
sidered at the public hearing will need a record of the proceeding and for this pur-
pose 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
Msabdities needing assistance to participate in any of the proceedings should con-
tact the City Clerk's Office 48 hours in advance of the meeting at(4071 656-2322.
lean Grafton.Cny Clerk 1a any 8. 1998
Coy of Ocoee Orlando Senones Orange Extra(display)
ORDINANCE NO. 98-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO SPECIAL EXCEPTIONS; AMENDING
PROVISIONS OF CHAPTER 180 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE. FLORIDA TO
AUTHORIZE THE BOARD OF ADJUSTMENT TO
CONSIDER SPECIAL EXCEPTION REQUESTS INSTEAD
OF THE PLANNING AND ZONING CONIVIISSION AS
FOLLOWS: AMENDING SECTION 3-2G.(5) OF ARTICLE
HI TO REMOVE CONSIDERATION OF SPECIAL
EXCEPTION REQUESTS FROM THE DUTIES AND
RESPONSIBILITIES OF THE PLANNING AND ZONING
COMMISSION, AMENDING SECTIONS 3-3D. AND 3-3E.
OF ARTICLE III TO ADD CONSIDERATION OF SPECIAL
EXCEPTION REQUESTS TO THE DUTIES AND
RESPONSIBILITIES OF THE BOARD OF ADJUSTMENT.
AND AMENDING SECTION 4-8 OF ARTICLE IV FOR
CONSISTENCY; PROVIDING FOR SEVERABILITY:
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Grit Commission of the City of Ocoee desires to authorize the
Hoard of Adjustment to consider Special Exception requests instead of the Planning and Zoning
Commission.
NOW. THEREFORE. BE rr ENACTED BY THE CITY CONLMISSION OF
THE CITY OF OCOEE, FLORIDA. AS FOLLOWS:
SECTION 1. Authority. The Ciry 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 Chapter 166, Florida Statutes.
SECTION 2. Planning and Zoning Commission. Section 3-2G.(5)of Article
[II of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee Land
Development Code") is hereby amended to read as set forth on Exhibit A attached hereto and
by this reference incorporated herein (with the deletion stricken).
SECTION 3. Board of Adjustment - Hearings, Appeals and Notices.
Section 3-3D. of Article III of the Ocoee Land Development Code is hereby amended to read
as set forth on Exhibit B attached hereto and by this reference incorporated herein (with the
addition underlined).
SECTION 4. Board of Adjustment - Recommendations to City
Commission. Section 3-3E.(3) of Article III of the Ocoee Land Development Code is
renumbered to Sections 3-3E(4) and 3-3E.(5) and hereby amended to read as set forth on
Exhibit C attached hereto and by this reference incorporated herein (with additions underlined
and deletions stricken).
SECTION 5. Board of Adjustment - Powers and Duties. A new Section 3-
3E.,3) of Article III of the Ocoee Land Development Code is hereby created to read as set forth
on Exhibit D attached hereto and by this reference incorporated herein (with additions
underlined).
SECTION 6. City Commission Action on Board of Adjustment
Recommendation. A new Section 3-3E.(6) of Article III of the Ocoee Land Development Code
is hereby created to read as set forth on Exhibit E attached hereto and by this reference
incorporated herein (with additions underlined).
SECTION 7. Special Exceptions. Section 4-8 of Article IV of the Ocoee
Land Development Code is hereby amended to read as set forth on Exhibit F attached hereto
and by this reference incorporated herein (with additions underlined and deletions stricken).
SECTION S. 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 9. Codification. It is the intention of the City Commission of the
City 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
reiettered and the correction of typo=raphical errors which do not affect the intent may be
authorized by the City Manager, without need of pubiic hearing, by filing a corrected or
recodined copy of same with the City Clerk.
SECTION 10. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
3
PASSED AND ADOPTED this day of , 1998.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grattan. City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1993
READ FIRST TIME . 1993
READ SECOND TILVIE AND .ADOPTED
. 1998
FOR USE AND RELIANCE ONLY BYUNDER AGENDA ITEM NO.
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
dtis _ day of 1998.
FOLEY & LARDNER
By:
City Attomev
..]OARDADj ORo'6'9.m'C<oEE RRDNA\c OUR:MNF:.r fr .
EXHIBIT A
§ 3-2 PLANNING AND ZONING COMMISSION
G. Duties and Responsibilities
The Planning and Zoning Commission shall have the following, duties and
responsibilities:
xr•
(5) To review and make recommendations to the City Commission on
applications for various development approvals or permits as provided
within this Code, including, but not limited to Planned Unit Developments
(POD), pec:ai sceptions, subdivisions, and any other application for
which the City Commission requests a report and/or recommendation.
Where a public hearing is required by the applicable procedural section,
no such recommendation shall be made except after a public hearing held
in accordance with State and local requirements.
•
L',: r.A::1:,vr OCCG2 '_DC DESK:MHF.anrtrvv
EXHIBIT B
§ 3-3 BOARD OF ADJUSTMENT
D. Hearings, Appeals and Notices
Appeals to the Board of Adjustment may be made by any person aggrieved or by
any officer or bureau of the governing body of the City of Ocoee affected by any
decision of the Building and Zoning Official in connection with the enforcement
of this Code or by anyone seeking a variance or special exception. Appeals shall
he submitted to the Director of Planning.
A.£C'A:3C31I t9?w'CCCEZ UDC DEKOMF ramp
EXHIBIT C
(Page I of 2)
§ 3-3 BOARD OF ADJUSTMENT
E. Duties and Responsibilities
The Board of Adjustment shall have the following powers and duties:
♦iM
4)0.) AU recommendations of appeals and, variance requests. and special
exception requests are brought to the Ocoee City Commission for final
decisions.
) In order to grant any variance from the terms of the Code, the City
Commission must rind:
a. Thar special conditions and circumstances exist which are peculiar
to the land. structure or building involved and which are not
applicable to other lands. structures or buildings in the same
zoning district:
b. That the special conditions and circumstances do not result from
the actions of the applicant;
c. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this ordinance to
other lands. buildings or structures in the same zoning district:
d. That literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
ordinance, and would work unnecessary and undue hardship on the
applicant:
That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
EXHIBIT C
(Page 2 of '_)
f. That the grant of the variance will be in harmony with the general
intent and purpose of this ordinance, and that such variance will
not be injurious to the area involved or otherwise detrimental to
the public welfare.
In recommending any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this Code.
Violation of such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be deemed a
violation of this Code and punishable as provided herein.
Under no circumstances shall the Board of Adjustment recommend a
variance to allow a use not permissible under the terms of this Code in the
district involved, or any use expressly or by implication prohibited by the
terms of this Code in said district.
A.EXHIEFI' 291,1'ocOEE :DC DISK;`AMP.-owx
EXHIBIT D
§ 3-3 BOARD OF ADJUSTMENT
E. Duties and Responsibilities
The Board of Adjustment shall have the Following powers and duties:
%1 Special Exceptions. To hear and give recommendations on requests for
special exceptions pursuant to Section 4-8 of the Ocoee Land Development
Code.
♦. EXHIBIT DI':^9e97!OCCE _x DLSK',MFF..xvrvu
EXHIBIT E
3 3-3 BOARD OE ADJUSTMENT
E. Duties and Responsibilities
The Board of Adjustment shall have the following powers and duties:
(6) The City Commission decision on a special exception request shall he
consistent with the standards set forth in Section 4-8 of the Ocoee Land
Development Code.
o:EXH191T.s.:]29?RICCOE_ Lcc]15K:MHF-vcvartu
•
EXHIBIT F
(Page 1 of 3)
3 -t-8 SPECIAL EXCEPTIONS
A request for a special exception pursuant to the specific provisions of this Code may be
initiated at any time by the City Commission, by the ^.arming and Zoning Commission. or by
the land owner including his duly authorized agent, of the land for which the special exception
is requested. Where there are multiple property owners. owners of tiny-one (51) percent of the
parcels or fifty-one (51) percent of the interest in the total parcel must be represented as formal
applicants.
An application shall be made on standard forms provided therefore, and shall be
submitted with the appropriate fee to the Planning Department. The application shall be signed
by the applicant or his agent, such signature being verified under oath. Section 5-19 of the
Ocoee Land Development Code contains additional Special Exception provisions applicable to
telecommunications service facilities.
A. Review of Application
After the application is determined to be complete, it shall be forwarded
to the Development Review Committee for review. The Director of
Planning (or the Development Review Committee) shall make a report
containing a recommended determination of facts which are relevant to
consideration of the proposal and a recommended determination of the
consistency of the proposal with the adopted Comprehensive Plan.
The proposal shall be considered by the Panning and :toning Commission
Board of Adjustment at a public hearing after due public notice, along
with the report of the Director of Planning. Following completion of the
public hearing, the P!a.-min;and Zoning Commission Board of Adiustmenr
or Development Review Committee shall make a report of its findings and
recommendations to the City Commission. Both the Planning and Zoning
Commission Board of Adjustment and City Commission public hearings
must be advertised in a newspaper at least seven (7) days before each
hearing.
All property owners within 300 feet of the subject property must also be
notified by mail at least seven (7) days prior to the hearing date. This
notice may include information on both Planning and Zoning Cormission
Board of Adjustment and Ciry Commission hearings if the item _goes
before both Commsaon., Boards. If the hearing information for
EXHIBIT F
(Page 2 of 3)
the City Commission meeting is not available at the time the notices must
be sent for the Planning and Zoning Commission Board of Adjustment
meeting, a second notice to property owners must be mailed seven (7)
days before the City Commission hearing detailing the meeting time,
place, and other particulars.
3. The proposal shall be considered by the City Commission at a public
hearing after due public notice, along with the report of the Director of
Planning and the report of the P.onnin; and Zoning Commission Board of
Adjustment. Following completion of the public hearing, the City
Commission shall approve, disapprove, amend and approve the proposal,
or approve the proposal with conditions. Any action taken shall be
accompanied by the findings of the City Commission upon which the
action was based.
4. In approving a proposal, the City Commission may attach appropriate
conditions to ensure compliance with the provisions of this Code. Such
conditions may limit the uses. size of uses or structure. or characteristics
of the operation of a use, or may require buffers, landscaping, or ocher
improvements not normally required. Conditions may also require the
periodic review of the use and may provide for the expiration of the
special exception on a date certain.
B. Standards for Action by the City Commission
Approval of a special exception application shall be granted by the City
Commission only upon finding that:
The proposed uses and structures would not violate the land uses,
densities, or other directives of the adopted Comprehensive Plan or of this
Code.
L. The proposed uses and structures would be compatible with the uses,
structures and activities on adjacent and nearby lands.
The proposed uses and structures would not violate the health, safety,
welfare. and/or convenience of those residing, working or owning land in
the vicinity of the proposed use or structure, specifically with respect to:
EXHIB1T F
(Page 3 of 3)
a. The use or structure would not exceed We applicable density or
bulk regulations except as specifically authorized, nor shall the use
or structure result in overcrowding of land or buildings;
b. The use or structure would not impair pedestrian or vehicular
movement in adjoining streets so as to violate adopted level of
service standards;
c. The use or structure would not create a tire hazard;
d. The use or structure would not result in noise, odor, glare.
vibration. or other similar characteristic which is detectable at the
property line and which exceeds the level which will result from
permitted uses;
e. The use or structure would not prevent an adjoining landowner
from the legal use of his property pursuant to this Code;
f. The use or structure would not violate a requirement of limitation
of any applicable state or federal law or regulation. and:
¢ The use or structure would not result in the inadequacy or inability
of any public facility or service to meet adopted standards.
n EXHIBIT 12997'CCDEE '_DC]6:::MNExvuw