HomeMy WebLinkAboutVI(C) Ordinance No. 99-28 - Amend Land Development Code Re: Temporary Ballfield And Playfields Agenda 9-07-99
Item VI C.
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0274
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
CC: Paul E. Rosenthal, Esq., City Attorney
Martha H. Formella, Esq., Assistant City Attorney
DATE: September 1 , 1999
RE: Ordinance relating to Temporary Ballfields and Playfields
We have been advised that the City of Ocoee faces a shortage of ballfields within the
City that can be used by non-profit organizations. In order for a vacant piece of land to be
converted to a temporary ballfield, the owner of the land would need to submit a detailed small
scale site plan showing the location of the ballfield, backstops, parking areas, rest rooms and
paved driveway. The City would then need to review the small scale site plan and, upon
approval, grant a permit to the owner for such use.
In order to allow a property owner to convert his or her property to a temporary
ballfield for use by non-profit organizations, both the Code of Ordinances and the Land
Development Code would need to be amended. The attached proposed Ordinance would
permit the temporary use of property as a ballfield. The proposed Ordinance would create the
following new provision, Section 51-21E, to the Code of Ordinances:
Temporary Ballfields and Playfields. Notwithstanding any
provision in this Code to the contrary, no permit shall be required
under the provisions- of this Code for the purpose of making
temporary non-structural improvements to real property in order
for such real property to be used by a not-for-profit organization
as a temporary ballfield or playfield for a period of time not to
exceed ninety (90) consecutive days.
Thus, this provision would remove the requirements relating to the submittal of a small scale
site plan and the review and issuance of a permit by the City.
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006.150947.1 L/
The proposed Ordinance also would create the following new provision, Section 5-8F,
of the Land Development Code:
Temporary Ballfields and Playfields. The following uses shall
be permitted in all zoning districts for a period of time not to
exceed ninety (90) consecutive days: The temporary use of real
property for a ballfield or playfield which is exempt from
permitting requirements under the provisions of Section 51-21E
of Article I of Chapter 51 of the Code. Any such temporary use
shall not otherwise be subject to the provisions of Articles IV, VI
and IX of this Code.
This section would amend the Land Development Code by permitting temporary ballfields in
any zoning district. Together, the two new provisions would remove the present obstacles
facing an owner who is willing to allow his or her land to be used as a temporary ballfield.
On August 25, 1999, the Planning and Zoning Commission "PZC" acting as the Local
Planning Agency considered the proposed Ordinance. Since the Ordinance would allow
temporary ballfields in residential zoning districts for unlimited numbers of ninety (90) day
periods, the PZC unanimously recommended approval subject to requiring written notice to the
City Building Official as to the ballfield location, name of the organization with contact person,
and anticipated start date. In order to minimize City involvement, the City Manager does not
recommend that the City Commission incorporate the changes recommended by the PZC. If
the City Commission desires to. adopt the PZC recommendation, it would be appropriate to
move to approve Ordinance No. 99-28 with the following addition to both Section 51-21E of
the Code of Ordinances and Section 5-8F of the Land Development Code: "A representative of
the not-for-profit organization shall provide written notice to the City Building Official stating
the location of the temporary ballfield and playfield, the name of the not-for-profit organization
and a contact person, and the anticipated date the use will commence."
Attachments: Ordinance No. 99-28
Advertisement
-2-006.150947.1
ORDINANCE NO. 99-28
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO TEMPORARY BALLFIELDS AND
PLAYFIELDS WITHIN THE CITY; ADOPTING SECTION
51-21E OF ARTICLE I OF CHAPTER 51 OF THE CODE OF
ORDINANCES BY PROVIDING FOR AN EXEMPTION
FROM THE PERMITTING REQUIREMENTS OF THE
CODE FOR TEMPORARY BALLFIELDS AND
PLAYFIELDS; ADOPTING SECTION 5-8F OF ARTICLE V
OF CHAPTER 180 OF THE CODE OF ORDINANCES BY
PROVIDING FOR AN EXEMPTION FROM THE
• PERMITTING REQUIREMENTS OF THE LAND
DEVELOPMENT CODE FOR TEMPORARY BALLFIELDS
AND PLAYFIELDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee recognizes that there is
currently a shortage of ballfields and playfields available to non-profit organizations within the
City to meet the needs of the youth of the City who desire to participate in organized sporting
events and activities, and;
WHEREAS, the City Commission recognizes that there are private vacant lots
. and private lands within the City that are suitable for practicing for these sporting events on a
temporary basis.; and
WHEREAS, the Ocoee Land Development Code and the Code of the City of
Ocoee place permitting requirements and other restrictions on the use of these vacant lands; and
WHEREAS, the City Commission desires to remove such permitting
requirements and restrictions when the vacant lots are used as temporaryballfields and playfields.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA,AS FOLLOWS:
006.141979.1
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 51-21E of Article I of Chapter 51 of the Code of
Ordinances of the City of Ocoee is hereby adopted as follows:
E. Temporary Ballfields and Playfields. Notwithstanding
any provision in this Code to the contrary, no permit shall
be required under the provisions of this Code for the
purpose of making temporary non-structural
improvements to real property in order for such real
property to be used by a not-for-profit organization as a
temporary ballfield or playfield for a period of time not to
exceed ninety (90) consecutive days.
SECTION 3. Section 5-8F of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee is hereby adopted as follows:
F. Temporary Ballfields and Playfields. The following
uses shall be permitted in all zoning districts for a period
of time not to exceed ninety (90) consecutive days: The
temporary use of real property for a ballfield or playfield
which is exempt from permitting requirements under the
provisions of Section 51-21E of Article I of Chapter 51 of
the Code. Any such temporary use shall not otherwise be
subject to the provisions of Articles IV, VI and IX of this
Code.
SECTION 4. 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.
2
006.141979.1
SECTION 5. Codification. It is the intention of the City Commission
of the City that the provisions of this Ordinance amending Chapter 51 of the Code of
Ordinances of the City shall become and be made a part of the Code of Ordinances of the City;
and that sections of this Ordinance may be renumbered or relettered and the word "ordinance"
may be changed to "chapter" "section," "article," or such other appropriate word or phrase in
order to accomplish such intentions; and regardless of whether such inclusion in the Code is
accomplished, sections of this Ordinance may be renumbered or relettered and the correction
of typographical errors which do not affect the intent may be authorized by the City Manager,
without need of public hearing, by filing a corrected or recodified copy of same with the City
Clerk.
SECTION 6. 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
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED 8/29/99 , 1999
AND ADVERTISED ,1999
READ FIRST TIME 9/7/99 , 1999
READ SECOND TIME AND ADOPTED
,1999 UNDER
AGENDA ITEM NO.
3
006.141979.1
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of ,1999.
FOLEY & LARDNER
By:
City Attorney
•
006.141979.1
The Orlando Sentinel, Sunday, August 29, 1999
NOTICE OF AN AMENDMENT
TO THE OCOEE CODE OF
ORDINANCES AND OCOEE -
LAND DEVELOPMENT CODE
The City Commission of the City of Ocoee proposes to adopt the
• following Ordinance:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO
TEMPORARY BALLFIELDS AND PLAYFIELDS WITHIN THE CITY;
ADOPTING SECTION 51-21E OF ARTICLE 1 OF CHAPTER 51 OF THE
CODE OF ORDINANCES BY PROVIDING FOR AN EXEMPTION FROM
THE PERMITTING REQUIREMENTS OF THE CODE FOR TEMPORARY
BALLFIELDS AND PLAYFIELDS; ADOPTING SECTION 5-8F OF ARTICLE
V OF CHAPTER 180 OF THE CODE OF ORDINANCES BY PROVIDING
FOR AN EXEMPTION FROM THE PERMITTING REQUIREMENTS OF THE
LAND DEVELOPMENT CODE FOR TEMPORARY BALLFIELDS AND
PLAYFIELDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODI-
FICATION; PROVIDING AN EFFECTIVE DATE.
The Ocoee City Commission will hold the first of two public hear-
ings concerning the proposed Ordinance on Tuesday, September
7, 1999 at 7:15 p.m., or as soon thereafter as practical, and the
second of two public hearings concerning the proposed
Ordinance on Tuesday, September 21,•1999 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 the public hearings 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
these or continued 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 pub-
lic 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 parties
may appear at the public hearings and be heard with respect.to
the proposed Ordinance.This notice is given pursuant to Section
166.041 (3)(c), Florida Statutes.
Any person wishing to appeal any decision made with respect to
any matter considered at the public hearings may need a record
of the proceeding and for this purpose may need to ensure that a
verbatim record of the proceedings is made which includes the
testimony and evidence upon which the appeal is based. Persons
with disabilities needing assistance to participate in any of the
proceedings should contact the City Clerk's Office 48 hours in
advance of the meeting at•(407) 656-2322. •
Jean Grafton,City Clerk Sunday,August 29, 1999 and
City of Ocoee Sunday,September 12, 1999