Loading...
HomeMy WebLinkAboutVI (G) Variance - Case No. 03VR-99: Christiansen Family Agenda 12-21 99 Item VI G "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOTT VANUERGRIET O CITY OF OCOEE �' DANNYN S HOWELLSIO — �� _ NUIS n 150 N. LAKESHORE DRIVE SCOTT ANDERSON C. O (IA OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON �'�Y -` � (407)656-2322 NANCY J.PARKER Fy OF 0000`` CITY MANAGER ELLIS SHAPIRO CASE #03VR-99:CI-IRISTENSEN TABLE OF CONTENTS 1) Staff Report Page I 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, "Ileinrich-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 Forcer Page 23 Gasoline Islands/Canopy, "East and West Views" POWt Oil- Protect Ocoee's Water Resources /5 "CENTER OF GOOD LI67NG-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT 0\ t CITY OF OCOEE �' x\jO COMMISSIONERS IIU n 150 N.LAKESHORE DRIVE LL SCOTT ANDERSON V O DANNY OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON C'`b =0 (407)656-2322 NANCY 7.PARKER %. eq OF GOOV CITY MANAGER ELLIS SHAPIRO 11) Exhibit#10, Code Enforcement Digital Page 25 Images of the subject property 12) Exhibit#1 1, "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" POWit Protect Ocoees Water Resources `;' Page 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMSSIONLK OCoes S.SCOTT VANDERGRIFT o CITY OF OCOEE COMMISSIONERS DANNY HOWELL rall' 2 150 N-LAKESHORE DRIVE SCOTT ANDERSON ClO OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON ��yt °" (407)656-2322 NANCY J.PARKER �40f 0000 VV CITY MANAGER ELLIS SI IAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: JULIAN HARPER, ZONING COORDINATOR fl THROUGH: D.W. FLIPPEN, BUILDING AND ZONING OF QCI L a ,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" or zoning clearance letter was requested; therefore, the lessee proceeded at his own risk. The Code Enforcement Supervisor had, in fact, instructed the Applicant and Lessee not to make any expansions or exterior improvements without first obtaining said permit and the necessary clearances. POWs PmteCi 0 awes Water Reseurc2S Page 2 -CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR.COMMISSIONER Ocoee S.SCOTT VANDERGRIFT ° CITY OF OCOEE COMMISSIONERS _ �� [.'J o DANNY HOWELL 4d 2 150 N. LAKESHORE DRIVE SCOTT ANDERSON O rF ?� OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON 'r>E N.�.�� (407)656-2322 NANCY J.PARKER 4OF GOOD CITY MANAGER EI.LIS SI IAPIRO 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, bur 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-I, with Chairman Resnik voting no." POW Protect Ocoee s Wafer Resources+„` Page 3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COM.M;SSIONLR Ocoee S. SCOTT VANDERORIFT °\ rat, CITY OF OCOEE N Y NERS O DANN HOWELL o. 150 N. LAKESHORE DRIVE SCNOTT ANDERSON O r4 :� OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON 'F} (407)656-2322 NANCY J.PARKER 10 OF Goat �` CITY MANAGER ELLIS SHAPIRO Staff Report— City Commission December 13, 1999 Page 3 Questions raised during the Board of Adjustment Public l fearing 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 arc 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. POWWWWWWer FUR d Ocoeei Vlaler Remmers Page 4 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR.COMMISSIONER Ocoee S.SCOTT VANDERGRIFT °` .. c.�o CITY OF OCOEE COMMISSIONERS ��y DANNY IIOWELL n 150 N.LAKESHORE DRIVE SCOTT ANDERSON O rf OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON '�'J ��� (407)656-2322 NANCY 7.PARKER ♦q ` Of G-QS CITY MANAGER WAS 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. Powt Protect 0c ee's Water Resources ;1':3 Page 5 03fl2- 9 Cf�/1//art e PROJECT NO. CITY SPACES FOR FEE SZS CL2 CITY USE ONLY DEPOSIT AMOUNT DATE PAID 0.r 9 RECEIPT NO. CITY O. IT __F OCOEE APPLICATION FOR VARIANCE (PLEASE TYPE OR PRINT ALL INFORMATION) $100.00 (Single Family Residential) VARIANCE 5575.00 (All other) 1. APPLICANTS NAME: / '' re-A/cC- V APPLICANT'S ADDRESS: c5-7- 0 OA///// 11 • ((/l°7es �l0/Pi dA TELEPHONE NUMBER: O - / 2. OWNER OF RECORD: S F�SF/J/✓ ceiMt e 1 L� OWNER'S ADDRESS: / f d" //VT R/ 'F Nee/A do, Phil A ,1a9FI (If more than one owner, please attach additional sheets) NOTE: A separate application fee is collected for each action sought and for of the non-co above ntiguous pareecels or for parcels held under separate ownership. Upon request, payment he applicant to a copy of the City of Ocoee's Land Development Regulations. 3. PROPERTY LOCATION: '- E � >-1 rc�h //1G A. DIRECTIONS TO PROPERTY: �--D e• sJ2��� C. /� e// B. LEGAL DESCRIPTION: ALL APPUCATIONS FOR VARIANCE MUST PROVIDE THREE (3) a/ Da /il EXECUTED, CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT rXS"� PARCEL WHICH SHALL INCLUDE A METES-AND-BOUNDS LEGAL DESCRIPTION. ATTACH SURVEY r ECIFY S CT ON TOWNSHIPI RANGE-SUBD LEGAL SECTION --LSUBDIVISION EXHIBIT. AND BLOCKN AS AS APPP CABLEBELOW: SEe ran/ 30 Tu/ a?g a:Sr i EMI J{/PT#/ OBT 2 0 1999 Page 6 • Application for Variance C. PROPERTY TAX ID. NO(S): D-oo _ P-oxo- cv-63/ /jt 4 PBRIEFLY SPECIFY THE ELOPENT HISTORY AND OWNERSHIP OF THE SUBJECT ARCEL(S) SINCE JANUARYE1, 1955 nINC LUDING YEAR LOT WAS CREATED, PRE ENT ZONING, YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC.: — /L 4wtlt Vgir 41 ,lls!E/�SC.fJ / 1, LTD 5. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATION(S) IS/ARE GRANTED? £ / /,F� AAA- $ >aina/o��E,oact 5. SPECIFY ZONING OF PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARCEL: A. NORTH: B. SOUTH: L10 Cree R/ / C. EAST: Co S/d.4 .5"7ZEEr D. WEST: C�Oh�1»F.L'(°t(FI 7UCJ✓//E. 7. NUMBER OF EXISTING BUILDINGS AND EXISTING LAND USE OF THE SUBJECT PARCEL: �weh/ edd /- 6c4,/� Zonia) C=3 SGi{� 3t�o /y o1�/�� 2 1j1/001M 8. I d fBRIEFLY ADDRESS THE FOLLOWING: A. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION/CHANGE: q//id �h Jv?3 JD irE sEPricf /.lack Ti 6t , r _ E- a E A.Eeiti /5260F �� • D E 7- 5,Y/f/0/T#/ Page 7 Application for Variance 9. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED? A. POTABLE WATER: /.,t/ 21.- B. WASTEWATER TREATMENT: SE T/C C. STORMWATER MANAGEMENT: AA D. RECREATION: E. SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: N. A F. MAIN HIGHWAY ACCESS (A traffic study may be required): NA • G. FIRE PROTECTION (NOTE: Fire flow data will be required before final platting): N 4- 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' F. AND SHOWING LINEARSDIMENSIONS AND SURVEY HEADINGS. URVEY,INCLUDING A LEGAL ION,TOTALACREAGE, G. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING MA, PARCELS. H. EXISTING ROADS LANDMARKS. ON MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO I. LOCATION, NAME, RIGHT-OF-WAY WIDTHS, AND PAVEMENT WIDTH OF EXISTING STREETS AND PROPOSED INGRESS AND EGRESS POINTS. NTOUR INTERVALS J. ORANGE COUNOTY DATUM, IDENTIFY)ATOLO FT OEASTTWO (2) BENCH MARKS. ON THE K. VEGETATION TYPES, WOODED A��S% AND LIKELY CONSERVATION ZONES. 6 /'/ Page 8 Application for Variance L LIMITS OF 100-YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS OF ALL LAKES AND WETLANDS. NI. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM. AND BY APPLICANT N. TOY ELPPEDDEETTERM IFORMATION WITH THEY CITY OFPOCOEIE'SEDEVELOPMENT CODES. LIST AND ILLUSTRATE ITEMS SO IDENTIFIED: ES FOR i i AAPPUCANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES AND MAILING LL PROPERTY LYING WITHIN THREE HUNDRED (3 0) FEET OF THE PERIMETERS OF THE SUBJECT PROPERTY, PER THE LATEST ORANGE COUNTY PROPERTY APPRAISERS AD VALOREM R SUBMITTED ROLL FAILURE UON TO BE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE THE EX/f/tiT#/ Page 9 Application for Variance CITY OF OCOEE, FLORIDA OWNER'S AFFIDAVIT STATE OF //e/c/49 COUNTY OF .C/12/9.a /STD 7/ � , who being first Before me, the undersigned personally appeared (O/ duly sworn on oath, depose(s) and say(s): 1. That they/she to re/is the fee-simple owner(s) of the property legally described in this application and that the attached ownership list is made a part of the affidavit and contains the legal description(s) for the real property, and the names and mailing addresses of all owners having an interest in said land. A/%r17/Xira nokscereka 4�oc� To Be 2. That they/she � esire(s) E E p • �.v.w (specify action sought) for said property. ,,//�� 3. That they/sh gent)t�havthe appo inted Y.9ext 6Pff ,<sre,Osedd (specify himself or agent)to act as the Owners Authorized Agent to represent the Owner in connection with the proposed action and,,tcchee real property described in this application. 4. That they/sheyng. gree to be bound by the actions of the Owner's Authorized Agent designated in Paragraph 3 above and the Ocoee Land Development Code. 5. That they/she(ne 111rm(s), certif(y)(ies) and will comply with all ordinances, regulations and provisions of the City Code of the City of Ocoee, and that ail statements and diagrams submitted herewith are true and accurate to the best of their/his/her knowledge and belief and further,that this application and attachments shall become part of the official records of the City of Ocoee, and are not returnable. 6. That the accompanying adjacent property owners list is, to the best of their/herµG3-<nowledge, a complete and accurate list of the owners names and mailing addresses for all property lying within three hundred (300) feet of the perimeter of the subject parcel, as recorded on the latest official Orange County 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 will be considered by the Planning and Zoning Board or the Board of Adjustment, and will remain posted until final determination, after which time the notices are to be removed and destroyed. G 4/R/S5 CNSGN �A/�iLy L ' Owner's Signature /,�[�/fQ-retig 2-' ,kx- 19 Gq . by U./A1FsfExJCl , who Sworn to and subscribed before me this day of 115-.1_ as identification, and who took an is personally know to me or who produced oath. Slic ,�r,„r%Age„M Ra„strom ires November My commission expires: Exp .200i a/T I in/ Page 10 Application for Variance • OWNERIST �se CA.�,I LTD OWNER'S NAME: S E OWNERSHIP INTEREST: /oD % ,Q MAILING ADDRESS: R//) A "/^0T D///5E c/or.'dn sage 9 LEGAL DESCRIPTION: T/rE LEST a..so ��f do ir '��r L W/ /fl o C fL,.c /�/CY11WEsT 7' of -re o-� fhE oxrh' � tau / S�a,9or/�o %au '�' -� e /l�,znrF.ssr of/ ifAC- iP/* At6I* cln< 07cS-42 SO / z•✓ R df OWNER'S NAME: OWNERSHIP INTEREST: MAILING ADDRESS: LEGAL DESCRIPTION: EXH7Q/T#I Page 11 csuwg - NOV November 12,1999 - Julian Harper Zoning Coordinator City of Ocoee Dear Julian: -. Please find in enclosed packet the documents, requested by you in your letter dated October 26, 1999, for your review and help iner this matt pe these are satisfactory. I want to thank you for your as we appreciate your effort. If there are any further questions please do not hesitate to call me at any time. Sin erely,Q� Paul Christensen Page 12 E@IEWE October 26. 1999 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 out nation, let alone city,county and state. 3. This applicant's actions have not caused this condition as this property has operated under these conditions for many years 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 to have this variance because of the necessity of performing service work under current roofed area,which most service station auto repair have. This need is certainly understood as to provide income for not only the lessee hut his employees. And last but not least, quality service for local citizens. 6. This variance request will not and would not violate the health, safety,welfare or convenience of any citizen,landowner or 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 EXH/?f/T# Page 13 warehouses and service facilities. Directly to the west of us is the green belt area and exit ramp for the Florida Turnpike. To the north, Highway 50 is our total frontage. Thanking you in advance for your consideration. Sincerely, O a n Chr istensen, Owner r i ,D,T 12 :::::::::::.i::�ii:�i:::rLi:i::�i::ci:; :�_:i:; :i::i::::•:�::::::2ic::�::�::::r::vii::i•?:::5: :c:z•:::::::_.c:__ ..... ._...�:............._.. ........•....•..c::.r::r.::v::::::::::.r:•ii::c::i2iniii:iiii:::iiiiiii5i:iiiiiT:ii:3i: Siii::iiCci:�'t�z�'i' . ::)viii::. ?v �•:r. : .............. • _2 _ _ _ sv aCSGpi� `s>it#1Rflri°;:;;:1i i`a:>:;;::a;3S3'sS;;3>'t; .' - ::: . ,....,,,...„,.....",,„,....,„,,„„. :......,......... .....,. ._ , ::::::::::::::„... H.„........„.....t../....../.....,:„....„...................................„3.....................„................... .,.......................„......... ..........„:„.....„.............„................. ..„......„,..,_"...... 4,,,,,. ,....,......„„w„„„,...,..........„,..„„,__„:„.„,, ....... . . ...„.........,..„.....„.......„.........„.............„.. ....................„.......:.. ..........:............„...... ....................„......................„.........,................„........................ ••• . ..„:::::::::::::„:::::::„.„,..........„:„......„:„.......„................„.....„:„...,.................................... ....,..... .....a f d %'. .,..... ii4 q 4 iii7 �... ::::.:::v:. iii: iiiiii:r.:E�:l::::Sii:::i:iii:::: ::::::.:::::::.r:: J ............... 5 - : :: :::://b./..z.:'::///"........'''':*::'''''''.:•::::•; 5 r .. ii.:. Noun. FLORIDA TURNPIKE -'......''' .. • RAiA • ..�- v �. FARMS RD __ .•ft. r .t/ Cgse 40• 03d'P 99'cif riJft4✓e/ R-1 -A • CIA zs 4r/we :aSecfi0 6i(2j(3) • • Page 1 5 ARTICLE V1 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 Staff Forester that a plant is dead ,or severely damaged or diseased, the plant shall be replaced by the developer 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. 0 Building 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 applclable for the Downtown Redevelopment Area as described in Figure 13 of the Comprehensive Plan.) qC Buildin setbacks from streets shall meet the followin minimum uidelines: 3 �i ' ./s fI Local Street /� in 25 feet ll (�G Collector Street - 35 feet HP Arterial Street 50 feet�G G Expressway 75 feet Paved parking and loading areas and fenced stormwater retention facilities shall maintain minimum 10 foot setbacks from all side and rear property lines and 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. • irly49 T# 3 . . . . . _. ..,-... 1A1n4 /yH 0//V Page 16 q / 1/si/1t —� PROPERTy 4,3 225. 00 *unit 0 0 0 0, ---o-0---o 0 0 0 • 4 7 o h ti. EtCE v e Me V z—� h GSA y 3" O o ' /SLANG 0 g. 'a40/7 ‘, 6.80 <} (rye) OE /7-7--V • Lo so i} CTfp/,dg y Soh AL 2 'C N " StT8AC4' N c ° Al G � I I I f �AaricLE v� S �T/Oy 6/O�l�� Q s rr2(11 . I -1i Z O G 2.3 '\Q 6 2 . pap ) ;. o Ill/ (— OVierkel H CI: CQ4gv 3 s -_/ /e / -<} QA/SEO � CONC.� 4" l CONG. .3' 20. 7,5- 'y1 /- r9 /4 3 " 43. 6' c SC.92E: I'__ to c c 0 N / STORY CONC. F 4i/ETAZ h COtiti// E.PC/AL S //Z D / G 120 El'#al/r? y "H&/ t,Cif-TreJf`er1 '9 i ile 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 i R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 gyring to the requirements ified in Article IV) Ile Home Development - - - - - - - - - - P ;ing Home - S S - - - - - - S - - - P P P - t xtl➢ e I cat a F✓ a �..• ;' AiW u; e f re. r.r ' 1} �. ' r �,f,t�CY * ,:z ii. 4gar fig ere'. ,003;t0/2t'lc 1a. .,4rr3 -Otter tr.1vu-t: xtlt".b., w"°�".. .1>: 0;ar>dv, ar*tr a x 1 . , '"`;.t 'r¢-kt 3t+> ov I I I I I I It Entertainment - - - - - - - - - - - - - - S - - iblishments fiance Store - - - - - - - - - - - - - P P P - )motive Body Repair - - - - - - - - - - - - - - - - P amobile Parking Lot - - - - - - - - - - - - - P P P P Dmobile Repair - - - - - - - - - - - - - S (IP, P P Dmobile Sales(New and - - - - - - - - - - - - - S P P - I mobile Service Station - - - - - - - - - - - - - S P P P ,o m omotive Wrecking or Salvage - - - - - - - - - - - - - - - - p ds (in association with a - - - - - - - - - - - - - p p P P 15/99 9:44:27 AM Page 2 Exhibit to Ordinance 99-03 \\gis_docl\planning\ahomelall_data\ordinanc\borrowpilsexhibitproposedrvtbl5- doc Z W Page 18 ORDINANCE NO. 93-06 AN ORDINANCE OF TEE 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; PROVI➢ING 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 the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166 , Florida St=_tutees . SECTION 2 . Section 2-4 (C) (13 ) of Article _= of Chapter 130 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amend =T - S follows : Automobile Repair A use providing for major chiles such as major mechanical tee irs, 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 1-1 Restricted Manufacturing and Warehousing District and 1-2 General Industrial 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 Chanter 130 of the Code of Ordinances of the City of Ocoee, Florida , is hereby amended to read as follows : 1-2 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 �� CO) Page 20 dY lie Ie -�'—/ Scat f i S- sy /a �O) ARTICLE v D. Nonconforming Structures. ./ Where a lawful structure exists at the time of passage of this Code which could enotes buil t under the terms of this Code by reason of restrictions on area, lot coverage, g ya _, Q� or other characteristics of the structure or its location on to lot, such structure may be W continued so long as it remains otherwise lawful subject to the following provisions: • ©„ V\k\ (1) No such structure may be enlarged or altered in a way which Increases its r nonconformity. V (2) Should such structure be destroyed by act of nature or man to an extent of more than fifty (50) percent of its value as revealed by an insurance appraisal, it shall not be reconstructed except in conformity with the provisions of this Code. (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the requlationsior the district in which it is located after It is mq=_ E. Nonconforming Uses of Structures. • If a lawful use of a structure, or of structure and premises in combination, exists at the time of passage or amendment of this Code, which use would not be allowed In the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (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, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or such use at the time of a option or amendment of this Code, but no such for chuseorr activity shall be extended to occupy any land outside such building. (3) Any structure, or structure and land in combination, In or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed. (4) When a nonconforming use of a structure, or structure and premises in combination, Is discontinued or abandoned for four (4) convoe r structure and months or for eighteen (18) months during any three-year period, the structure, premises in combination, shall not thereafter be used except in conformance with the regulations of the district In which it 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. On any building devoted in whole or in part to any nonconforming use,work may be done in any period of twelve (12) consecutive months on repairs or on repair or replacement of pntel wiring plumbing,building,to an extent not exceeding percent ot the assessedvaluationofhe provdedthat the cubical content .,... . rvJliiir 4 r7 Page 21 • • ARTICLE IV late , safety, welfare, (3) and/oro cove convenience of those residing,working oruses and structures would not o owning elandhthe vicinity of the proposed use or structure, specifically with respect to: (a) The use or structure would not exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings; rian or vehicular movement (b) Te use nhadjo ningrsstreets so astructure l to violate adopted d not impair tesllevel of service standards; (c) The use or structure would not create a fire 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 n Code; adjoininglandowner from the legal use of his property pursuant (f) The use or structure would not violate a requirement of limitation of any applicable state or federal law or regulation, and; (g) The use or structure would not result in the inadequacy or inability of any public facility or service to meet adopted standards. § ¢9 VARIANCES 03 a- 9 J i 1/lr/fkvefr The Board of Adjustment may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary se cf C if it has of hardship. Such variance such variancel not e nshalll not betgrantedtby the( in the City unlesstent and until: 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 improvements involved and which are not applicable to other lands, structures, or required subdivision Improvements; (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; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That the granting of the variance requested will not confer on the applicant err special privilege that is denied by these regulations to other lands, structures, required subdivision improvements under similar conditions. No pre-existin_ conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the Issuance of a variance. tx/f/B/r,# ? . . i..i.. .mo 18093 Page 22 ARTICLE IV B. Findings The Board of Adjustment shall make findings that the requirements of this section have been met: (1) A public hearing on the proposed variance shall be held. The public hearing may be held prior to or simultaneously with the public hearing for approval of the Preliminary Plan. Both the 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 the Board of Adjustment and City Commission hearings if the item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the 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. • (2) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance which would make possible the 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 general purpose and intent of these regulations, ll not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. C. Board of Adjustment and City Commission Action In recommending any variance, the Board of Adjustment may prescribe appropriate - conditions and safeguards in conformity with these regulations and the City Commission may approve such conditions. 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 these regulations and Chapter 65-2015, Laws of Florida. § 4-10 DEVELOPMENT AGREEMENTS A. Intent and Purposes Development Agreements are agreements which may be entered into by a landowner he ity Commission nsistent 163 32201 through a1163 324-3 t Florida Statutes, for one oror more lofh fthef Sectionshe provisions of following purposes (1) To provide for a longer time period for performance under this Code. (2) To guarantee that the regulations existing at the time of execution of the development agreement shall govern the development for the duration of the agreement, except as specifically restricted herein. (3) To provide for phasing of developments and associated required Improvements, including phasing of improvements required to maintain level of service standards for public facilities. .FY///B/Tf 8 e.Innrari .Inly 91. 1992 18094 1/IS7- v/ew Page 23 i -:ter,. - .- .�...�,�- qC _ l t & I! J i A s :Vn '"` • • 4 fomIC 'D/& ara,e O3VJQ- 9Q.. cIri.fte4.Se five WeS/ Ca/0'Y "a/ .Ol'S%l/-� E4Sr V 1(w • 67 +ter.: i. - -ti-. ly!� „..+,v3^L [.''4' . ..' • - :i. ` ''u.-�;_ p`` ', 7.. a .. ., [. - t 4.4.'' 44'..?t*f*eft--. **-‘,. '.i.4.: it.° T5 r.. 'I y43/41/4.1 . - i; ,�v h�1t :^:3% k:;,43 `:;.Z}•4t"S.: �1:N i \i?v;' (4 7 OI i'G Ti j'�/-B -a ire. 03 v,q-9q: Ghr/s7e/f_fe4 !/4'4,0 NHS f Co/b 4/a/ 1)#'/v-� E y71/A8i7 q 9-9 9 - Page 24 WCs* 1//Ek/- BA WI-57 l//EW-c osf o v(g 1`/ is f/' , I U gilt. • .- , . ,.• : kr /.. . .r A -,,.. 0 • - — N. • �••1 •-tern '47 • F. _. 1— t Ij'U A a i �niLatr^ti.tiS. T!V�.- ' ;! • le, C•f ..- �l- G. r Y` ,,�"rya.• `" -•, ✓• • ,41 m%c Tire grQ�e ,4 fc m is T/ - ,(?rpqe 9 O3 ye- q C ,sf e Jay c;3 /47 99'.' C�ris7 4fe' liy6owelfC#/ /a/ prr've 1J yio 14/esfCv/P.4/ / Jriiie. 9-� 9- G L?/E S T VIE fit/ - p✓,rOE EAST 1/IE w '44r/.a,� Bar ;. . • - ,r.. : ► mar 'oc—'ter., c • itv.•. .r.te � I AMBER ;-� ��- . �� ; _ • . : " a ` . ‘C • ' .s_ i nt u .■t'l ' 1 .I 1: • r '... • `h., ' • `n .°"WP" r l 1 f - -.__ ._ S y L_ - SD ;< - a - cc �` . �- 710 Aic Tire/Qrol�e ;4 7co m i c T're _erw(e 03l/ 9' 9 9- C`jrif fry fey 03 li,Q- q 9., c rifl?4-se-P J/Vba vYeS7' iv/04ia/ ,Oril/e- riykp vles-f ca/o ia/ ,Drive Page 25 Page 1 of 1 a r s ;4' .!.a."1 S j r '' f .ik1 Eu iy STs" am, 11 att 'I 1 - ' .�. ij d 4 tar o -` - v Y. 0_. _ -tea 1, `'r wN-' .1� I-I- . e - 'Li n " T, - ',�1'.�1 .. • i i Y 8 . "ass 9ra .x d `Si,Y, 1 M. ;•;..,.c-. 4 r ' drt' t 3. q 1 J a ..} k1 .. / z'j 1 q 9 E/1/7/1/27/T /p—/ code ,Enforce.i en f ,Di q i/Q/ sr,y'e 12/10/1999 file://A:\MVC-035S.JPG Page 26 Page 1 of 1 -. I . t • s r • i - .. [. . or - 'ram :" �, .c.-- s,,�..�.��..r� - ._.. • �` t • 1 o a® �-�.. .., '''• .L_ .�.ar �),4armor •..: ,•••••••••,••,,ester • - ..•:. S 4 , lir i • le , . .... N. f r1 jc(' E-j). • lk) , , 2 Code 14{otreihe / ,o y;'o/ .Tihvje file://A:\MVC-027S.JPG Fn 1/i8iT/O - g 12/10/1999 Page 27 Page 1 of 1 ��),:tto ', i s 1 f.:s� T..na.c �' i C9 ,aq 'i -. s ,;: em • ' • • x � • • .. • • • • i f ` s ► } _t s�k � '" ' w a i i- I • �11 _ _ ~ w t i • f 'F . ' 00 /1 '-' - -',,,-.:i-..--•:',';*•.,4-.--..c.-"4- .,-! -' , -a• { lam'" ._ scuff . + e4ms ' �j !1 ^ c ......... ... -rya .,- tom,:.... • /7Z i E%///I/T /0 3 . ¢/ �i�,gP Code En trorceA,e4t .Dy,t 12/10/1999 file://A:\MVC-036S.JPG Page 28 Page 1 of 1 - 111.1111111111111111 `o" TIRES . .i •t x xHY.p a r 1 9• � 1 tim h�'r i ry, -.. . I.EYs \ _, , "-F • 'r •• 1d T 1 •yam .1 r E� j • ', s`,•tr. „1 .s x' ,,rya a ` ter-mow .�...- .® _ - " �w .a. .Fr wx .. -$. � -... •. J;.,.•M... .1C+i'.u. �. ..a......rn.. .`M .. ., \\ J`' • 4ir I8/T /D- % . lode E, {Q ceolprp/ ,0,y/fe/ rmAtJer file://A:\MVC-029S.JPG 12/10/1999 Page 29 Page 1 of 1 .r :.. K :-r szzrrs t r>c ws ,wsaxt�z� 1 .,f x�xat w s 1 s•-ii- . TIRE , EXPERTS , •. 1-',.:..:',:i • 1E D ,s, i .T y 7x-_, A -'—�' ' -1--1:1— - --f-- r ow, tee _ 'e • �a* kL • .. l'•r.. .,. `"Y"1.1:s 2� -�''r•�^,,'�='•�, r .� 1"a y,t,.4. .,•-• A Sri. if I4.• r re.-• ' ' . �+'• +�' -;-.1 to r.• ° ly� t r •t• 4" ;We• -4 4�', ..'",.4.? c " 4� � .V ". j "" M. \ i s . y- f .• r acSR , '"yr-7•r• y,x .i,: "cc+ '-- _a-.ter ST \\\\.,(,. /cq . ,,,..-\., (...----......) t%H/11/T /0 -5 cock tit trorce"ev e L i'A/ z as a 12/10/1999 f,1P•//A AMVC-1111 S.JPC Page 30 Page 1 of 1 i. 1_--vars+r.Fwww++.w ` u`, IIOFJYdl1 1!1 ,z"" ��i ¢ a1 :, ^'FwvrarK es' .' ..........?7,7". aR a i '� I 1 r... : ►ED `9 E __ ;- _ .+'� _ sJry i 1.S �.. 1, I i .a'• ... CC" f .,ems L2crit' ''"1 Yam~fig is pi el— vw �,. s! ♦ r I"..0•��,". ' „Y a.. "1"1 ram, i`?'r`r o • �4 11�y;�• � .• .r `iobia;•Y , . '` �'.. .,. •1 - r' -h4 «...� • 4''' .a ,z.4 Yam,„-'' C�v r� , xfr/M/r ,o- a Code E4 Ktoe,l474 D1 l f*j.r4, 12/10/1999 file•//A•\MVC.-030S_JPG Page 31 in 0 1-A. Li 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 Alternate 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 Mr. 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: EKHi8jr W//-1 Page 32 1 -T u ILLII}} r� fi - I L; 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. 1-le 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: I) 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 %, 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 UXNidi! #1/-2 Page 33 r_I Board of Adjustment Regular Meeting Thursday, December 2, 1999 of used tires. The Gripers did most of their repair work and tire work outside under the subject canopy. "Be 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 clone 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 Gripers have used the area for years prior to the sale to Mr. Christensen. Etc 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. lie 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 Colhurn, seconded by Vice Chairman Jensen, moved to allow the business to continue with lifts because there is no non-compliance to the Code. EXH/Air#/f-3 Page 34 Fin IT\ 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 pN/I/r 10 Page 35 ARTICLE II (e) Public: Legally dedicated to public use and officially accepted by the local government. . (250) Sheet 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) Sheet 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. �� Q (253) pt Alteration: Any change,, except for repair or repacemen , n the yy',� , / supporting members of a structure, such as bearing walls or partitions, columns, nnn!l1111 ,f' beams or girders, or any substantial change in the roof or in the exterior walls of (/,�1 r/1�'I(It Ali ��p,f�'S a structure. r `' L,It'r OT d� , I Structure: Anything constructed or erected with a fixed location on the ground or ' / n1 attached to something having a fixed location on the ground. Among other things, 0y(I ,wr-\,�lh' structures include buildings, mobile homes, walls, fences, billboards and poster Q\\ 09, panels. (255) Subdivision: The division or redWision 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) Townhonat: 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/R_g9: enn� r/ rfeijsel/ Erinntari le du 91 1009 18049 TVfl rorT^(rot _ Pane 36 F.S.19y7 ' ES 1997 INTERGOVERNMENTAL PROGRAMS Ch.163 resources;and to maintain,through orderly growth and (8) "Development permit" includes any building iveness of a devel- uopm subdivision approval, rezoning, development,the character and stability of present and permit, zoning permit, variance, or any other :anon of a develop future land use and development in this state. certification, special exception, comply with subse- (8) It is the intent of the Legislature that the repeal official action of local government having the effect of ate and federal law. of ss. 163.160 through 163.315 by s. 19 of chapter permitting the development of land. 65.55, Laws of Florida, shall not be interpreted to limit (9) "Governing body" means the board of county or restrict the powers of municipal or county officials, commissioners of a county, the commission or council lilies demonstration but shall be interpreted as a recognition of their broad of an incorporated municipality,or any other chief gov- slatutory and constitutional powers to plan for and reg- erning body of a unit of local government,however des- i purpose.— ulate the use of land. It is,further,the intent of the Leg- ignated, or the combination of such bodies where joint Ind may be cited as ;stature to reconfirm that ss. 163.3161 through utilization of the provisions of this act is accomplished ensive Planning and 163.3215 have provided and do provide the necessary as provided agency" means: �" statutory direction and basis for municipal and county (a ) "Governmentalo any department,commis- furtherance of, the officials to carry out their comprehensive planning and sion, agency,United other Statesinstrumentalityorep thereof. rite( Land and Water land development regulation powers, duties, and (b)n, This stateor or any department, commission, 380, l is the purpose responsibilities.(9) Iis en the existing role, (g) t the intent of the Legislature that all govern- agency, or other instrumentality thereof. governments in the mental entities in this state recognize and respect judi- (c) Any local government, as defined in this see- n of comprehensive cially acknowledged or constitutionally protected pri- Lion, or any department,commission, agency, or other must future develop. vote property rights. It is the intent of the Legislature instrumentality thereof. board or other special district, that all rules, ordinances, regulations, and programs (d) Any school Padopted under the authorityof this act must be devel- authority, or governmental entity. and air, shove, it its adoption is and p 11 "Land" means the earth, water, s can preserve and .. send, promulgated, implemented, and applied with below, or on the surface, and includes any improve- d the most �' sensitivity for private properly rights and not be unduly menu or structures customarily regarded as land. d resources, t handy , restrictive, and property owners must be free from (12) "Land use" means the development that has :ome present hand;. actions by others which would harm their property. Full occurred on the land,the development that is proposed re problems thin may 1 and just compensation or other appropriate relief must bya developer on the land,or the use that is permitted ;nt of land within their i be provided to any property owner for a governmental or permissible on the land under an adopted;s of comprehensive action that is determined to be an invalid exercise of the per e plan or element or portion thereof. land compre- ofdevel- local government v police power which constitutes a taking,as provided by hensiv re uor el s. or a land development code, as rd improve the public p, law. Any such relief must be determined in a judicial the opment rettmay indicate. order, appearance, Sr-. action. (13) "Local government" means any county or dowdingof prevention,and t xi.�_- -t,ao.cn.as ss.z.trs.s>zos. , municipality. crowding of land and deletion; facilitate the p'1 / 163.3164 Definitions., mission"I means the Cover dn this act: esignated to prepare planning the agency" means the plan agencyr pla n r tionaportatios, Q "" ' recreational fesi;itand nor and t i a.ish •sac fora purposesof this ty chapter amendments( ) "newspaperpr by of gels neact. ral circulation" means a sand tces; and the commission shallsact imposingones of a t simple he sanctions vote, ( ) least on a weekly nd protect natural exceptnd 3. ded innt s. 163.3184(11), affrmative action shall pro- rinted in thper e language tmost commonly spoken)in the A to encourage and require the approval of the Governor and at least three newspaperreathin intended ch itprimarily for bmemesrnout does not include carteu among municipalities other members r the commission.d and assure coordina- (2) "Area" or"area ea of jurisdiction" means the total tar e( occupational members newspaper it activities of units of area qualifying under the provisions of this act,whether whose primary function is to carry legal notices, or a g activities of regional this be all of the lands lying within the limits of an incor- newspaper that is given away primarily to distribute t accord with applica- porated municipality, lands in and adjacent to incorpo- advertising. rated municipalities, un incorporated unincor orated lands within a (16) "Parcel of land" means any quantity of land hat adopted etut in pre- county, p areas municipalities and cf the lands capable of being locations d described with be e established, that I statusveloset out in this in incorporated municipalities and unincorporated iis designatedn y its owner or developery as land to which development shalls be areas of counties. with comprehensive (3) "Coastal area" means the 35 coastal counties used, or developed as, a unit or which has been used iereof, prepared and and all coastal municipalities within their boundaries or developed as a unit. ;I, designated coastal by the state land planning agency. (17) "Person"means an individual,corporation,goy- that the activities of (4) "Comprehensive plan"means a plan that meets ernmental agency, business trust, estate, trust, part- nershi , association, two or more persons having a eeeements andatlop- the ) "Develop r"f means 163 any7 pea1n, u. nership, or portions (5) "Developer" any person, including a joint or common interest, or any other legal entity. mformity with the pro- governmental agency, undertaking any development 125.66(2)(1 ) P boic l n000e"ly meansce" by s. as required for . as defined) inthis act. in their minimum - 0, "Development" has the meaning given it in s. this par are established astminimum public not ce pro to pl the minimum 38(7) this a ;to stated ny "Development, ratingithed'meannaan application for04. ce(19) " of this act; c protect denying,, or granting with conditions an application for designatedgby the state land planning eans the agency to exer al, and economic a development permit. 1227 FXN/B/T iz-/A Page 37 �1.- ! I Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S.1997 • r II cise responsibilities under law in a particular region of to meet the concurrencythe integrity requirements of tos chapter, h the state. and to maintain thelntegrityof the corridor for transpor- (20) "State land planning agency" means the tation purposes. 9, 73.190...10. e -iev,s.ray 03s5 5.2.c 0555.s.3.ch.92-129 2,ch W.206.s.2 h.35257.s.22.ch 95280 (21) "Structure" has the meaning given it by s. s.z 9s310 I +8n commission" 163 3167 Scope of acl.- 1 The several incorporated municipalities and means a commi andn commend,ted ob a local govern- ( )�/�_qg. menl to develop and recommend, to the local govern- counties ohpll nfo power out re de eloip in body, land development regulations which im le- (a) To plan for their future development and 1 - rJile n- 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- 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. trances enacted by governing bodies for the regulation (d) To establish, support, and maintain administra- 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- tions controlling the development of land, except that t The powers and authority set out in this act may be i :?` this definition shall not apply in s. 163.3213. employed by municipalities and counties individually or (24) "Public facilities" means major capital improve- jointly by mutual agreement in accord with the provi- - A meets,including,but not limited to,transportation,sani- sions of this act and in such combinations as their com- tary sewer, solid waste, drainage, potable water, edu- mon interests may dictate and require. (2) Each local government shall prepare a compre- A and facil parks and recreational, and orh maintenancealth sentems ---2.: and facilities, and spoil disposal sites for 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 k for spoil disposal sites owned or used by pods listed in comprehensive plan to conform it to the requirements s. 403.021(9)(b). 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. 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 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. 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 inf ill"means the development of vacant plans or comprehensive plans as proposed to be el parcels in otherwise built-up areas where public facili- amended. Such schedule shall specify the exact date 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 ''dig means projects that directly affect the provisions of (b) Beginning on July 1,1989,and on orbefore July public transit, including transit terminals, transit lines 1, 1991, all other counties or municipalities. separate lanes for the exclusive use of pub- '' routes, p Nothingherein shall preclude the state land planning �T.- tic and transit services,transit projectsstc that(sh inclursde and stations),or ,5._ transit finl buildings or partte ingudefixed-rail or eachcmunic alit in permittingth by lty from submitting a prther o tra )terminals urban of the builea" posed comprehensive plan earlier than the dates (29) here public service area" ssu means built-up (a) - areas where facilities and services such cr sew- established in paragraphs meet that fails to the and (b). Any county or 4s F ' age treatment systems, roads, schools, and recreation municipalimission of its proposed comprehensive Ie planset byfor more ,}•' r areas are already in place. (30) "Transportation corridor management" means than 90 days shall be subject to the sanctions the coordination of the planning of designated future described in s. 163.3184(11)(a)imposed by the Admin LL transportation corridors with land use planning within istration Commission. secvithstthe state land pding the time lanning~� and adjacent to the corridor to promote orderly growth, established in this subsection, ,k, 1228 tXN/BIT #1/1' 2 Page 3 ""t Ch.380 LAND AND WATER MANAGEMENT F.S.1537 F.S. 1997 CHAPTER 380 cation, variance, permitting develcc LAND AND WATER MANAGEMENT (5) "Downtow local government PART I ENVIRONMENTAL LAND AND WATER MANAGEMENT(ss.380.012-380.12) chapter 163 or cre PART II COASTAL PLANNING AND MANAGEMENT(ss.380.20-380.27) sibilities by spec coordinating.ant PART III FLORIDA COMMUNITIES TRUST(ss.380.501-380.515) talization, and re area of a city. (6) "Governs (a) The Unite PART I surcharge on admission and overnight sion, agency, or occupancy. (b) This scat ENVIRONMENTAL LAND AND 380.07 Florida Land and Water Adjudicator/Cons agency,or other WATER MANAGEMENT mission. (c) Any local 380.08 Protection of landowners' rights. ter, or any depa- 380.012 Short title. 380.085 Judicial review relating to permits and instrumentality t.` 380.021 Purpose. licenses. (d) Any sc`. 380.031 Definitions. 380.11 Enforcement; procedures; remedies. authority, or otts 380.032 State land planning agency; powers and 380.12 Rights unaffected by ch. 75-22. (7) "Land" r duties. below, or on the 380.04 Definition of development. 380.012 Short title.-'Sections 380.012-380.10 ments or struct. 380.045 Resource planning and management corn- shall be known and may be cited as"The Florida Env+ (8) "Land de mittees; objectives; procedures. ronmental Land and Water Management Act of 1972" r zoning, subdivis 380.05 Areas of critical state concern. History.:.I.en 72-317. controlling the c 380.051 Coordinated agency review', Florida Keys "°'002o,•aoy:.a""°" h so w.. repealed or:. lea, m. 77-104. :.aeo io.,l (9) "Land us w area. occurred on lac. 380.055 Big Cypress Area. 380.021 Purpose.-It is the legislative intent that,in (10) "Local c. 380.0551 Green Swamp Area;designation as area of order to protect the natural resources and environment local comprene critical state concern. of this state as provided ins.7,Art. II of the State Con- thereof prepare- 380.0552 Florida Keys Area;protection and designa- stitution, ensure a water management system that vat Local Govemr+ tion as area of critical state concern. reverse the deterioration of water quality and provide Development P. 380.0555 Apalachicola Bay Area;protection and des- optimum utilization of our limited water resources,facie- t (11) "Local ignation as area of critical state concern. itate orderly and well-planned development, and pro f municipality arc 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 slate, it is necessary adequately to (12) "Majorp 380.061 The Florida Quality Developments pro- plan for and guide growth and development within this facility of more gram. state. In order to accomplish these purposes,it is rec. E. (13) "Parcel 380.065 Certification of local government review of essary that the state establish land and water manage - capable of beir development. ment policies to guide and coordinate local decisions - its location arc 380.0651 Statewide guidelines and standards. relating to growth and development; that such slate is designated t 380.0661 Legislative intent. land and water management policies should, to the used or develcc 380.0662 Definitions. maximum possible extent, be implemented by local developed as a 380.0663 Land authority; creation, membership, governments through existing processes for the guid- (14) "Person expenses. ance of growth and development; and that all the exist ernmental age 380.0664 Quorum;voting; meetings. ing rights of private property be preserved in accord nership, assoc 380.0665 Executive director; agents and employees. with the constitutions of this state and of the United joint or commie 380.0666 Powers of land authority. States. (15) "Regior 380.0667 Advisory committee; acquisitions. Hierery.-s.2,ch.non designated by 380.0668 Bonds; purpose, terms, approval, limita- vise responsa Lions. 380.031 Definitions.-As used in this chapter: region of the_ i 1 "Administration commission" or "commission' (16) "Rule' r 380.0669 State and local government liability on I ) bonds. means the Governor and the Cabinet;and for purposes 120_ 380.0671 Annual report. of this chapter the commission shall act on a simp4 r. (17) "State x' 380.0672 Conflicts of interest. majority. o Drehensive stE 380.0673 Exemption from taxes and eligibility as (2) "Developer" means any person, including ling forth state C) investment. governmental agency, undertaking any development t (18) "State Ri 380.0674 Corporate existence. as defined in this chapter. Department cf g'f 380.0675 Inconsistent provisions of other laws super- (3) "Development order'means any order granting to in this pane VI seded. denying, or granting with conditions an application far (19) "Strut St 380.0677 Green Swamp Land Authority. a development permit. - ' installed, or pc , 380.0685 State park in area of critical state concern (4) "Development permit" includes any building _ lion on a parce in county which creates land authority; permit,zoning permit,plat approval,or rezoning,cedi6 while it is Iota ' 1674 03a 99 C4rrsfev/sey•if J. Page 39 Ch.380 F S 1997 (5.1997 LAND AND WATER MANAGEMENT �--- or other action having the effect of ing, business, commercial, agricultural, or office pur- f ermit variance, poses either temporarily or permanently. "Structure" : w(5) "D wtown development to defined in this y" means. billboards, swimming pools, (al "Downtown development l authority" of also includes pipelines, transmission lines, tracks,and adver- 380.12) trap ter 163 or cralted agency similaspewus er pad respon- using, ip dapper 1 by special alea act with similar purposepows andf , tis(2 signs. and nt cod it- ,) marlin'Inhales by assisting for theh m of fion,planning, tee"or"committee"meansa committee appointed tedpur- ' coordinating,and redevelopment in is sle specific downtownion, '.<', erre aof a, and of a s„i orw s.3.380.045.37: n e n 0p_313.:,.r.oh.eseoea. ' e(ea of a Gove U.m.85-55. (6) "Governmental agency" means'. agency; powers and (a) The United States or any department,commis- duties.—The380.0 state2 State planningand land planning agency shall have the seine and overnight pen,agency, or other instrumentality thereof; �; (b) This state or any department, commission, power and the duty to: :r Adjudicatory Com l agency,or other instrumentality thereof; rioo and enforcemen) Exercise t of thiral sactlsion of the and all rules and relmi 9u- (c) Any local government, as definede inc thiosr other lotions promulgated hereunder. hap- ors' rights. kr,or any department, commission, agency, ing to permits and hslrumenlality thereof; (2)(a) Adopt or modify rules to carry out the intent (d) Any school board or other special district, and purposes of this act. Such rules shall be consistent iron; remedies. '. aulhorily or other governmental entity. with the provisions of this act. :h. 75-22. phi p) "Land" means the earth, water, and air above, (b) Within 20 days following adoption,any subslan- moms below, or on the surface, and includes any improve- tially affected party may initiate review of any rule ins 380.012-380.10 t:' meets or structures customarily regarded as land. adopted by the state land planning agency interpreting as"The Florida Envi- (8) "Land development regulations" include local the guidelines and standards by filing a request for Bement Act of 1972., zoning, subdivision,ive, building, and other regulations review with the Administration Commission and serving controlling(9 "Ltheddevelopment" mansof land, a copy on the state land planning agency. Filing a request for review shall stay the effectiveness of the (9) "Land use" means the development that has occurred on land. rule pending a decision by the Administration Commis- lislativeintent that,In (10) "Local comprehensive plan" means any or all Sion. Within 45 days following receipt of a request for nandoftenvironment Con- bcal comprehensive plans or elements or portions review, the commission shall either reject the rule or '. ll t the State thatC 11 thereof prepared,adopted,or amended pursuant to the approve the rule,with or without modification. vent system will Local Government Comprehensive Planning and Land p(3) Enter into agreements with any landowner, quality and prs,facie Development oci Regulationem Act, as a any. developer, or governmental agencyas may be neces- ater resources,Izcih (11) "Local government" means any county or saryto effectuate the provisions and purposes of this ✓quarrynt,of and pro- `a. mu the a and, where relevant, any joint airport zon- actr any rules promulgated hereunder. squalityef ae dequately to f ing )board. Ms,an'._s.yeh 77-215;s.2.m.soma.s as,ch.85.55 a purposes, nt within this to (12) "Major public lol facility"i means any publicly owned 380.04 Definition of development.— relopment -- iacility of more than local significance. e purposes, it is net (13) "Parcel of land" means any quantity of land (1) The term"development' means the carrying out I and water manage- ' capable of being described with such established,tenessthcat of any building activity or mining operation,the making of any material change in the use or appearance of any mate local decisions : is location and boundaries maybe or the dividing of land into three or ant; that suchld, state isedsirdete l p its owner unit or developer ha beena land used or structure or land, liplesshould, to the • devdored asaudt, or which has or more parcels. loess enfod by quid- developed as a unit. (2) The following activities or uses shall be taken cesses for the (14) "Person"means an individual,corporation,got- for purposes of this chapter to involve "develop- and that all the exist- ernmental agency, business trust, estate, trust, part- meet the as defined in this section: or mate- preserved in accord jointners op, association, two or more persons having a (a) A reconstruction,alteration of the size, e and of the United joint or common interest, or any other legal entity. rial change in the external appearance of a structure on sg) "Regional planning agency" means the agency land. (b) A change in the intensity of use of land,such as �,5; designated by the state land planning agency to exer- cegiisenresponsibilitiesof thea under this chapter in a particular an increase in the number of dwelling units in a struc- 1 in this chapter: region Rue state. ture or on land or a material increase in the number of an" or "commission' (16) "Rule" means a rule adopted under chapter businesses, manufacturing establishments, offices, or net hall and for a simple 120, dwelling units in a structure or on land. hall act on a simple (17)prehensive"State land development or at plan" means a f sin- (c) Alteration of a shore or bank of a seacoast, s statewide plan or any portion thereof set- river, stream, lake, pond, or canal, including any person, including a ling forth state land development policies. "coastal construction" as defined in s. 161.021.includ ig any development (18) "State land planning agency" means the d) Commencement of drilling,except to obtain soil 4 Department of Community Affairs and may be referred samples, mining, or excavation on a parcel of land. s any order granting, to in this part as the"department." lition of a structure. ns an application for Structure" means anything constructed, (e) Demo DemoClearin of land as an adjunct of construction. into ed, or podafile,the use of which requires a Iona- (g De posit of refuse, solid or liquid waste,or fill on Nudes any building �$I lion on a parcel of land. It includes a movable structure (g) P d,or rezoning,cenili- L while it is located on land which can b��e{{used for hous- a parcel of land. I/ A A'2 tin.. �7O 'r nit/O 67 hi-eh 15 Yu/O/>✓y-/z-1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR• A DERGRI 00000 S.SCOTT VANDERGRIFf cv CITY OF OCOEE COMMISSIONERS .�, " Li DANNY NDERSO p 150 N.LAKESIIORE DRIVE DAMNCOTT HONE L v o N OCOEE,FLORIDA 34761-2258 RUSTY JOI INSON �Ey ?� (407)656-2322 NANCY J.PARKER Jf4 O( GOOO``, CITY MANAGER ELLIS SI IAPIRO MEMORANDUM TO: Don Flippen, Building and Zoning Official FROM: Brad Friel, Capital Projects /Transportation Planners THROUGH: Russ Wagner, Director of Planning 57 j r 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 Desiqn Standards to include; architectural cohesiveness, size and mass of building, exterior materials color and design, and accessory and special building uses. POWer Protect Ocoees Water Resources h'j. 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 \W olice_firet\planning\CALEXANDERWLL_DATA\CAPDFILE\Memorandums\MFP 1999\MFP99275.doc P01N arnrarl nr„eec Wain n><vumen "., ORDINANCE NO. 99-23 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO COMMERCIAT AND INDUSTRIAL DEVELOPMENT STANDARDS; AMENDING THE PROVISIONS OF CHAPTER 180 OF TILE CODE OF ORDINANCES OF THE CITY OF OCOEE AS FOLLOWS: CREATING SECTION 6-14 OF ARTICLE VI TO ESTABLISH DEVELOPMENT STANDARDS WITHIN PROFESSIONAL OFFICES AND SERVICES, COMMERCIAL, AND INDUSTRIAL ZONING DISTRICTS, AND AMENDING SECTION 5-3.2 AND EXHIBIT "B" THERETO OF ARTICLE V TO DELETE PRIVATE AREA SPECIAT REGULATIONS AND PUBLIC AREA SPECIAL REGULATIONS FROM ME OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN; PROVIDING FOR SEVERABILITY; 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, commercial, 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 kAl E ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA • J n Grafton, City C k S. Scott Vandergrift, Mayor (SEAL) ADVERTISEDMay 9 & 23 , 1999 READ FIRST T11VIE May 18 , 1999 READ SECOND TIME AND ADOPTED J q.4)E l , 1999 UNDER AGENDA 1mM NO. n. A FOR USE AND RELIANCE ONLY BY 111E CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this I day of 11(VC ,1999. FOLEY & LAARDNER By: ed City Attorney Exhibit "1 " to Ordinance No. 99-23 Addendum to Article VI Table of Contents Page Number 8174.14 h.Storage Areas and Site Utilities . .. 8174.14 i. Ste Lighting 8174.15 j. Irrigation and Maintenance 8174.15 3. Pura MATERIAL LIST 8174.15 a Shade Trees 8174.16 b.Undershot/Ornamental Trees 8174.16 c.UnderstorylOmamental Trees(Palms) 18174.16 d.Lams 8174.16 e.Approved Aquatic Plant Material Lis! 1 18174.17 f. Shrubs and Groundcovers .. 18174.18 4. BUILDING DESIGN STANDARDS ���� �� 18174.18 a.Architectural Cohesiveness 8174.19 b. Size and Mass of Buildings 8174.19 c. Floor Area Ratios 18174.19 d. Exterior Materials 8174.19 e. Exterior Design 18174.20 f. B sliroColors 8174.20 g.Height of Buildings ., .. 18174.20 h.Equipment _Screening 18174.20 i. Accessory and Soedal Building Uses 8174.21 5.SIGNAGE DESIGN STANDARDS . ... .• 18174.21 a.Prohibited Signs "'" 18174.21 b.Permitted Signs • 18174.21 C.Free-standing Ground Si ns ..... 18174.22 d.Wall Signs 18174.23 e.Arcade Signs f. Proj 18174.23 ecting Signs . . .. �� � � 18174.23 g.Shopping Center Signs . . ... �� � 18174.24 h. Commercial/Industrial Business Center Signs 18174.24 i. Si n F ggrm and Color ii Exhibit"1" § 6-14 Commercial and Industrial Development Regulations A. Introduction. The commercial and industrial areas of Ocoee create the"visible community character" Wnen oeoole Mirk of a community they envision the properties that they visit most often i.e. professional office service commercial. and industrial areas along maior thoroughfares, As such the major thoroughfares and adiacent properties deserve special attention from the Cityand landownersldevelopers. In addition to Special Overlay Areas identified within the Comprehensive Plan. the City recognizes unique opportunities and cpnst I Ma'must be addressed to promote a logical development approach for hioh intensity uses, such as professional office. service,commercial and industrial uses Ac rdngjy standards to ucarade development within professional office service commercial and industrial areas are needed to ensure auality development throughout the community. Professional office, service commercial, and industrial areas' and °professional office service commercial and industrial projects"shall mean and refer to all lands located within the following zoning districts: P-S Professional Offices and Services Disbict C-1, Neighborhood Shopping District: C-2, Communi Commercial District: C-3 General Commercial District; I-1 Restricted Manufacturing and Warehousing District I-2 General Industrial District: and Qrofescional office service commerdal and industrial uses wthin PUD zoning districts. This Section shall aooly to all of the above referenced zoning districts. provided however that in the event more soec fic or more stringent standards are adopted by the City Commission in a PUD Land Use Plan or c edal O day Area the more s edfic or more stringent standards shall central. This Section is intended to supplement the other design standards specified in the Ocoee Land Development Code as applied to all professional office service cornrr ialny—rid indusTria�rojects. B. Statement of Intent. The City of Ocoee recognizes the ootenfial for urban sprawl strip commercial development and visual duter along its thoroughfares The City intends to avoid Mis outcome because it is inefficient and creates unappealing urban design. Instead the City intends to ensure distinctive quality integrated development within all professional office. service commercial and industrial areas within the community including all Svedal OvedayAreas. The City envisions an appealing urban environment that invites people to congregate, encourages multiple modes of transportation allows innovative designs promotes mixed-or mulfiole use dements,and provides for the efficient delivery of City services. In order to achieve this outcome, the following goals are established to guide professional office, sera/roe, commercial. and industrial development: 1. Ensure distinctive,gualiN int=grated development in professional office,service commercial and industrial areas. a. Create a unique and attractive tmosohere that invites oeo le o congregate. b. Set strict building design criteria to ensure unique and visually appealing buildings. c. Establish a safe enlovable enronmerAfapedestrians,motorists,and cyclists. d. Create a visually coherent development pattern that relates to the human scale. 18174.1 OxNeks basic d=_s'on aoproaa5 isMuses and bu Id'nw.creata Izces for .cools. and elim!r m MI segregated gar oriented p'ojeds Together Ne ° mnceols can he a 'ppr ed gpro`essional ofi e service—commercial. and industrial areas to help reafiza a a.n. renttvoe of develooment That acknowledges a sense of community pride.The combined impact of a eoordinz'e_d deve!o meat scenario. critical road croSoondary connections ped=sldznl blcvde�fadli6es. reaeaUonal trails. and gateway inte_rsectons edirorove the guafN of f`e within th C1• The Comm=_ruzl and Industrial Development RegulaUons seek to link the d vs Y=rof uses natural features and neighborhoods into the overall develooment pa't°m v rth orof=_ssional ofce s=_rvice cem st iad areas to create a unioue sense-ofla_ce. The pages th f okiitt the Privzle P .3.4, Reoulafions and the Public Property Reoulafions Toaelher these N+o sets rf regulafions e designed tc imo!ement the slztemenl of intent and design aoorozch for oro`essional off sereice oommerdal and industrial areas. Where inconsistencies or as arise regarding the implementafion of the Commercial and Industri e'aelooment Regulations or other Land Development Cdde reguiremenls the test above -rid oartiala the statement of intent shall provide direction for tie Director of Planning in ma''{rig 2 delermina5on and resotvino the inconsisle cy v hose adminisVative interoretalions na _be appealed to the Development Review Committee. In the event a persondisagrees vnEh an Int.T_L a5on or decision made bV the Director of Plannin then they may requesr eting me of the date of Deve!oomenl Review Committee which will be Peld.within hin 7 wod ve:ooment Revie from w Committee may overmtten rsii �fy the ch appeals shall be filed vdtefi — intemretation or decision m de bV the D7ector of Planning C. Private Property Regi4i ions ThSortV reaularJons are intended to help create an zesthfcally-gl=wing safes unigu= and susfainablz develooment ahem that enhances he experience of pedestrians motorists and cvdlsts within professio al office service ogmmer entpat industrial areas. NI Iher regulations of the Ocoee Land Development Code shall agoly except where the iginy mvis onon In oomenl Cade to the whVampthe�Diredor of Plan�g ha'I interpret es issues re atedltodpolenfial conflicts between these Commercdal and Industrial Development Reoulafions and the Ocoee Land veloom after consolation w'h [h CI Sta` as aggro riatenate whos tem-eaUpns may be z aled g the Development Review Committee. In the event a person disagrees with an inlerpreta6on or derision mzd Is the D recto'of Planning then they may r guest a meeting of the Development Review Committee v:hich vrill be held wiUi n 7 v orKng da.5 from the date of receipt of a writtenre st. NI such aooeals shall he filed with the Director of Planning The Develoomenl Review Committee may overrule or mod-he interoretafion or rice sign made by the Director of Planning. The Ocoee City Commissionvisions al'lsduslda'Reguola6ons v ilh n aoy visions if it in h2 eanaindf rated arnd maCsereplaannceed City Code and Gommerci 'tom-- m nts 131 impose- it impacts on Ch infrasWoture greater than Thal developmanC sties use ble wiN surroundhg cite generated by other uses normally rmi ed m the undedvin4zon'ng district and/or f41 provides an off-sng etti public 6enefi which is technical) sound) sound and Te asgie inq ntives projecctsJandfensive highgualty intPrated develoombltnoatp temsa Thesa dladowoeridevelooer lcencentiveslmaaV l>zn ed t0 modify indiSSdual slanda-d re^ i ements of the Land Dement Code and ChtakteQovided thaw° development scenario iss aForded. The development scenario will henefit both the Izndor nerldevelooer a nd the Ci and result from an an re h deveb meet Pa`lem NOrough mixed-and multiple uses are encou ed it is now t lh_ e—lterit of this Section toe the predominant undedving land use or zoning paPems hut rather to enwurage aooroodate mixtures of uses that do not increase these overalls omens to surrounding properties or the community in general 18174.3 b. Outparcels - Ouloarcels andndtidual P oiect sites shz!I be designed to cross connections establishaccoord'nated Patlem of uses a buPd rigs ^°t ler-relate and _cr asense of a master Planned develogmenl_ (I) In commercal subdv ions outnarcels shall be located so as not to Izr �J • J• : - ohs_are the N of ew Or m c- meraal structureshbh are set bk fr acom t Ueroadway. i [- (ii) Smaller comme vial slmctureS and euoarcel=_ it zled along Pdmary and } //g . secondar�oadways will not dommale the street frontage and shall be • IIF % p/fig resticled to no more than 50% of the linear roadway frontae 'within a J Ip-coned commercial develo ment or subdmson r . ,�; I'� (ffi) All outparcels shall be a na tea mam commercial tract and r P ( interconnected vrilh each other and ad oinin arcels for vehicular and `"l t, pedestrian travel.jot-Su—we 21 (iv) No mare hen two outpar els vrithin the s me Plannd develoPm=nt shall Figure 2 , abut each other alp cyorimary or seconds street fron�oes>?Ith°ugh TOY pumber of outoarcels may front on in emal streets vrilhln a commercial _ subdivision. (v) Nooutoarcellot shallbe lessthanone acre in size. c. Buildina Open Areas (i) mi Imum 10 foot vride ooen area sha'I be e_uire� d all buildings or 1. i 10'minimum buildin complexes to separate structures from Arkin areas tianed ind o - lll a c_ommdale landsca in This area shall be lands e_W__ao Section 2,Landscaoeards Fi use tt , (ii) In cases where a 10 fool wide ooen area ea no[h mainla� suehas al \ ,UI entrances and loading areas than--comas ndndng amount of space shall be added to the surrounding huldno o en are d. Traffic Traffic Access-Traffic access and circulationpatfems shall be ',,.. I 1 I f i , ;- coordinated between ad oinin- sit d provide for odeslnan connections. Tr tic plans will Promote iomt zocess cross accdss ands ss I anagem m ent Pdndpals. (i) In�C e9eral Plans Will be mnsislen OOmorehensive Plan and the Ocoee Transooda600n Mast>er Plant (ii) Tra(nc calming devices shall be integratd into the site Plan where Figure 3 significant Pdestrianl vehicular conflicts will occur. This will include round- abouts at selected intersections and drive-wa bum uts at ma O building entrances to slow traffic and improve pedestrian safe . (iii) Prof rtproP owns shall Ian Proi cts in a manner Ido to vide lin for future sheet sheet v street extensions ve the functionin of the overall roadwa network consistent with revisions within the Ocoee Transportation Master Plan and all S 'al Area Development Plans. (iv) Each proiecl sh II be review d for concunency management Purmses to ensure that ed�ouale UaFn°°°erz dcapzctvexst 18174.5 (iii) C os accessadjacent parcels sh II b required tq alloy+ t shared access to oubhcto s g access ooEons and minirat colgSon on local roads. _ f. Location of Partin z d D v wavy Park nq areas a d dnvev+av; shall - be d stoned to establish dog I paflem of p°deslrian accessya'c fig s 5 `- dF and oarrtm los w.h visiol=cenn s ons bew°°n hu'Id no ens znces, - arkin lot entrance roads oaldin4 snares sus any =' I s:z�� y :' t.l -- ro oizcls. �z ,f ` ,.� (i) Mixed-use develop eats may be a yen flerfibili lculafina parking Cs`( °'' n dlfer=ntpeak link stre ru eSS requhrement-ifhcan be sholm that atl ` r— addSds and arkin can b e shared effective: . (ii) For bu ldngs of less than 25000 sf glanbayofozfrting is -.- alko w=d adjacent to pubic and private street rLghls- way in front of I the building, f I q - a J (iil) Large surface aotorrohile oa rt a lots sh II be visu='ly I � l fu dionaIE segmented into several smailer lots and como'ehznsrvel j_9 F a- • _ designed to accommodate landscaoino and oedestnan connakkas„ i.,'S.1— { - Fs a eneral nna le arkin areas contamino more Gaan 200 i n III functional: segmented as smzllar lots. (.t u � seeF ura5 Y- , �"_.—.•- , (iv) Parkin to la out shall ake i to consideration pedestrian dreula . Pedestrian abbe rovid_d and shall be inlao'aled iNo I _ thethe widern 0edestna _walkways_. Fi'j ure4 (v) Parking and d ++ays along street frontages shall he minimized and g the des on and place arWna lots she be planned to minimize irs vi ual dominance. rn „¢ � (vi) Main enhv roads leedin4 into Iar e wale Para all have linear t` bvrf' �. landscape islands alga their length to define The traffi aisle and shall F tf: �' �' ey have no oaddng spaces accessing the drive directly These islands i y, shall he a minimumvndth of Bfeetbac_of curb to bzck of curb see �.—k-.'` � Vi E Fi ure 5 &ri h practical I=asI every - ( i)Linear lands a e islands ` , third pafxin bay as a decorative treats nt and to direct traffic flow In y _ si parking lots (see Figureb (viii)Ar adequate vehicle stacking area free o` confiicyno dmewe¢s or S � a��- adtin spaces vhll e re wired on rincioal d vewa a {-. orolecl based on ea traFnc charac eris ics. px) arkin lot entrances k_ not be directed into head-in parkin cafiffinions told mint_Mize conPods. —`I (x) All ark ong lots and driveways will have dearly defined crosswalks al. k� ��--�) Nitsofmaiortngress:egress. i ( i t� (xi) Parkin ill ba oredom nate�d out ceNendiculer to the hu'Idng 44 x ' �� VI o FFF and in emal estdan walkwa s shad be taco rated to rodde a f ; - :gi n � 'l safe walking environment '—L_; C(xn) arkin s aces that adjoin a landscaped area ma be 18 feet deep so on as the adIacenl traffic aisleis24feal wide. /r;,,=uc>2 r uwtai Figure 5 18174.7 (ii) Sidewalks shall e built afro asl pubic streets to orhooe direct r' (l ten?} i1 redesVizn connections from suroundinu neighborhoods and L may,. , adjacent development. These sidewalks shall be 6 feet wide located i'l:N_ V,-^ - '`yc tv_hveen Iha curb of �d the backside of the _"Y landscape buffer. _ (i ) Each large sca-e proiec`25 000 s.f. in area or Greater shall provide a > seating area for pedestrians zlonG the portion of sidewalk which fronts e MS -rgu the tract. he surface of the sealin area shall be constructed of - concrele or decorative pavers. A bench and trash receptacle shall be opr vided at these seating areas.(see Figure 71 L K _ T (iv) Benches and trash receptacles shall be provided and Inn-Pled at the ; at y yy¢,ir entrance to each building and wiihin pedestran areas situated along z xr j r 4f�„�.4r,.' 'f}s rLEg1rt e the main facade of hu''d:nas 3! , a" i. Bicycle and Transf Facill5es Indi•ndual prefects shall create a safe ..ve,. ^ 1 .1`-- 171. ' '-'. v,,,�^. e., do enioyable environment for p�esldans motorists cydjsts and encourage �-T, transitridership. 'Yi,. 0) NI projects shall accommod hke and pedes`nan facfl3=s. (I) Bike racks shall be provided on each site at or near building fl r entrances. {;atjj '`[ (!li) Large scale complexes (exceeding 25 000 square feet in area) shall • qt , y- {6. S designate transit access pouts and Pick-uo areas on-site if 04a ;:: '. determined to be necessary by the City or LYNX ,y, r '-h (iv) New commercial uses to`alina more than 100 000 square feet q I.a. multifamily uses with more than 300 units and office uses totaling t _ more than 50,000 square feet q I a shall provide for future transit F � stops if determined to be necesszry by the City or LYNX. (v) Transit stops located ad acent to a site shall have a direct sidewalk r _ i ; v,_ x L� 1'Eg� mnnecfion to the front enUance of any adjoining building L, r Storaoe and Service Areas - All serdce areas shall be designed and ' 4 44.r.. ,.y � II located so as to he unobWsrve and architecturzlly inlegrat� into the r � . buildings overall design A'I infrasWCNre pipes equipment and other Al o r., 5 .t mechanical equipment hall be disguised or camouflaged to ensure If unique and visually appealing bwldngs and prrtecrs ) (i) Service delive and dumoster areas must be located to minimize visibll N from adjacent streets and adjacent properties. Y �yq „: (ii) Service,defvery and dumoster areas shall be located at the rear or m. E R side of the building and substanball screened with masonry walls and .��--'a ,:..� Go aguelandscaoin . 18174.9 (v1) Master stonnwater management systems shall be incoiwrated within all proiects where physically practical. Oven soave 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 stomiwater management ponds shall not be nermited on lots or parcels of less than 5 acres in size. (viii) The City encourages the use of shared master stotmwater 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 fadlities shall be installed in accordance • with City utility master plans indudng prohsions for uo-sizing certain trunk lines placed within or adiacent to project boundaries subject to standard Citycost-sharinq polities. (ii) Projects shall be designed to minimize the need for lift stations. Where required, sanitary sewer systems shall be designed 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 inconspicuously 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 Dart of the landscape irrigation package where enoropriate 1(iv) I electric, cable and telephone lines located on-site and along internal roadways shall be buried and shall be Prated to minimize conflicts with on-site landscape materials. (Thij)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 reouired buffer along streets shall include a bens ranoinq in height from 1 to 2 feet maintaining a 2 foot height for at least 40%of L.ffia the overall length. The course and base of the berm shall meander '1.---t. whenever possible and have side slopes no greater than 4:1. (see ` * Figure 9) S t bib. it fi ( (iii) Shrubs and rc�oundwvers shall comprise at least 30%of the r uire r/ h --ix• _ buffer area and shall tom)a continuous 3 foot high landscape screen �` 9 ..- 1• r�lauTrfgrow o<s zdioininq driveways and parking areas. Sweet Ubumum shall be 1 1. used as the o�mary screening hedge, (see Fig ure 9 e (iv) The minimum 25 (pet buffer may be reduced to 15 feet in selected instances where determined to be aoorooriate by the CiN if shrubs 1 and groundcovers comprise at least 75%of the required buffer area. `Jy I & (see Figure 91 ..:Er rJ!fir rh c. Landspaoe Buffers Between Parcels(Side and Rear 'r i:i fy (t) A minimum 10 foot landscape buffer is required between adiace t I °j7 ihaaefrte fracts (side and rear oroperN boundaries). This buffer shall be 1l', .-:Iit ` planted with (21 shade trees der 100 linear feet and (3) understory y �bam trees per 100 linear feet.(see Flame 91 (ii) Shrubs and aroundcovers shall comorise at least 30%of the required Figure 9 buffer area and shall form a continuous 3 foot high landscape screen adjoining driveways and parking areas. Sweet Viburnum shall be used as the primary screening hedge. (see Fiaure 9) (iii) On adjoining parcels when designed as part of an integrated project, 1 tree per 4 spaces the combined buffers may be reduced to a one 10 foot buffer if the shrubs and oroundcovers are increased to at least 75% of the • required buffer area and the same number of rewired buffer trees is maintained. No less than a 5 fool buffer is rewired on each of the /����t&: Lilo adoinina parcels. ,�� (iv) Six fool high brick screening walls with landscaping per the Ocoee Land Develgment Code are required where professional office service commercial or industrial projects abut residential properties. { d. Parking Lot Landscaping i (i) Parking lots shall provide (1) tree per (4) parking spaces. At least 50%of parking lot trees shall be shade trees.(see Figure 101 (ii) Shrub and groundwvers shall comprise 50%of the required parking lot landscape areas and no landscape area shall be devoid of shrubs { orgroundcovers. (iii) Landscaped green areas within parking lots including landscaped (GYM • walkways driveway separators, )paring lot islands and linear landscape features shall comprise an area equal to 10%of the paved parking area within the project site indudin driveways. Figure10 18174.13 (iii) Site Lighting shall not incorporate fieod.foht fixtures mounted on building walls or roofs. (iv) Lighting of on-site buildings shall be limited to wall-washer type fixtures or uo-tahts which do not produce spillover lighting (v) Lighting et building entrances may exceed 1.00 foot candle in intensity for safety purposes. however such lights shall be directed downward to minimize so I aver tightinq (vi) Lightnu fixtures located under portemcheres service station canopies or similar structures shall direct lighting downward to prevent any visible glare to surrounding properties. j. Irrigation and Maintenance (i) Al landscaped areas within professional office, service, commercial and industrial areas shall be designed. installed and maintained to the highest aual judoed against accepted best management practices for landscaping. (ii) An landscape areas shall be irrigated with a timed automatic underground system utilizing poo-uo heads whenever possible to provide 100%coverage. (iii) Al landscaping materials shall be adequately maintained in a healthy condition and shall be a':!owed to grow in a natural condition and not be pruned in a manner which inhibits the normal growth pattern of the Rlanh 3. Plant Material List AI required landscape materials shall be selected from the Plant Materials List. These common plant materials shall be used along streets,buildings. buffers and parking lots. The palate of plant materials chosen for any project should predominately utilize species which maintain foliage throughout the entire year.Decorahwe plant materials not included on the list.shall be used only with City approval. &JI plant material to be used shall be container grown and shall equal the standards for Florida No. 1 as set forth in "Grades and Standards for Nursery 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,xeriscaoe properties and ease of maintenance, a. Shade Trees Minimum size: three to three and one-heti inch dbh, ten to twelve feet height five-foot spread,container grown. querns Iaurifolia Laurel Oak querns virginiana Live Oak Magnolia grandlfiora Magnolia 18174.15 f. Shrubs and Groundcovers Minimum size:tree gallon container grown. Acalyoha vilkesiana Co oadeaf Annuals Annuals Nariousl Aspidistra elatior Cast Iron Plant Clevera japonica Cleyera Cuohea hyssopifolia 'Allyson'Heather Cvcas revoluta Sago Palm Dietes vegeta African Iris Evolvulus olomeratus Blue Daze Galoh'mia gracilis Thrvallis Hedera canariensis Algerian Iw Hedera helix English Ivy Hemerocallis Daylily Hibicus Hibisnls Ilex comuta'Burford) Burford Holly Ixora Ixora Lantana montevidensis Trailing Lantana Lantana camara 'Gold Mound'Lantana Ligustmm japonica Glossy Privet Liriope muscari 'Variegated Giant- Aztec Grass Liriope muscari Lilytud Philodendron selloum Philodendron Pittosoorum tobira Pittosoorum Pittosporum tobira Variegated 'Variegata' Pittosoorum Plumbaqo audeulata Leadwort Raphiolepis indica Indian Hawthorn Rhaois excelsa Lady Palm Rhododendron Azalea Serenoa reoens Saw Palmetto Trachelospermum Confederate Jasmine jasminoides Tulbanhia violacea Society Gadic Viburnum odoratssimum Sweet Viburnum Zamia pumila Coontie 18174.17 b. Size and Mass of Buildings (t) The design o`6uildinos shill include el=_menu such aso?�, materials va in het ht and forms that break u tar e ex arises or blank walls. (tt) 8u'dng design shall create hsuall aooealin entrances and fenestration and rovide decorative roof and facade treatments inoomoratino artier---q hulidtn ag e_c6ons. Th=_ mass of bu ldn4s in relationship td oge spaces including windows end door openings v+ill relate to human scale and integrate the buildin .tu the suround nq site. c. Floor Area Ratios - Aixed- end multiple-use buildins may exceed the size FAR resiric6ons of the ended in g zoning district regulations provided That a v+a'ver is 4ranted bV the G 11 Commission In accordance with tri s SPctign and further provided that adze --Quote oars°a areas and oo=c space are maintained consis e + .�these regulations d. ExteriorMaleriais (i) Bulking ez'erigrs shell prtmaril consist of stuff brick slit face deosrztiw block lass or wood consWction mateots. (1) No metal-skinned buildin s or structures shall be omitted. Soedficall large oorrugaled metal buildings (reolicatin ical warehouse construction methods sh II be rohibited. pedestrin arcade a Ext^ri rDestgn , (i) Exterior _Building design elements will includ fenestration belt courses s fascia Pmtry focal Dc'"'' cornices columns cupola —'"—� fct Is Dilasters porticos or other decorative elements as aoproonate to / —� / ' enhance overall architectural esign. (ii) Lame expanses of blank walls visihle to pubic areas are soedficelly U prohibited and shall be se marled vnln a vane of deli elements to create human scale (18 NI&le oing let ram lazes of hu'Idii designed as a roe retatl uses or individual commercial or pinta uses larger than 25 000 s - feel4l a shai rowde continuous covered &lesbian arcades utiiiffn aynin s or canopies at lea 18 feet in width extendmd for the len th of Figure 13 the main entrance Facade to erg de sh2de for pedestrians and reate human scale (see Figures 13 and 141 pedestriu a,� (iv) Covered arcades tilizn4 awn' gs and canopies spanning over gades viatic aVs maV ba considered a part oa r al es o trian buildng open areas—except that a minimum 5 ft vnde bolding landscape area shall also be provided outside the face of the arcade and constitute at least 50°0 of the len th of said arcade unless a more by the I . aaeptable plane din the same lands / city_ Figure 14 18174.19 5. Sianaoe Design Standards All signs shall be designed and selected to provide a logical consistent.and attractive pattern of advertising that relates to the human-sale atVactively identifies businesses and conveys an understandable message when viewed In coniunchon with adjacent signs and landscaping Certain minimum sign standards have been set to promote uality sions of a desion, size,and odentation 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 vnthstandino any provision in the Land Development Code to the contrary,all interpretations regarding the conformity of signs located within professional office service, commercial and industrial areas shall be made by the Director of Plannina or his designee whose administrative inter2retations may be appealed to the Development Review Committee. In the event a person disacrees with an interpretation or decision made by the Director of Planning,then they may request a meeting of the Develo ment 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 vRh the Director of Planning. The Development Review Committee may overrule or modify the interpretation or derision made by the Director of Plan, a. Prohibited Signs (i) Roof too signs electronid message board signs flashing signs and moving signs are pr hip bited. (li) 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 buildng except as Dart of an approved sign. (iv) No portable signs trailer signs signs painted on vehicles parked adioininq public streets sandwich board signs or signs painted upon benches a e Permitted b. Permitted Signs - Only free-standing ground wall arcade, oroiecbno shopping center and business center sions are permitted in accordance with the provisions set forth below. All other signs. including non-verbal sons that do not qualify as public art shall not be permitted. c. Free-standing Ground Signs (i) Free-standingground signs shall only be monument signs or dual pole signs andsigns and shag feet in height. Only one free- standing around Sian shall be permitted Per stand-alone business situated on an outparcel Iotor individual parcel. 18174.21 (iv) All stand-alone buildings located on individual out-oarcels or separate tracts may install one additional wall identification Sian not exceeding a size of 2 feet hi h by 12 feet in Tenet on a building facade adjoining an entry driveway or public parkin()area (iv) No wall sign or supporting structure shall project more that 12 inches from the wall of the building, (v) No pad of any wall sign shall extend above the roofiine of the buildin (vi) Backlit awning signs may be permitted although all portions of the canopy will constitute Sian area. e. Arcade Signs - Signs are permitted to be located under a canopy or a^ in vihen mounted perpendicular to the entryways of individual stores entering from a sho ping center, arcade provided such sons shall not exceed 6 inches in height or extend more than 60% of the width of the mvnJnno or c py ano f. Proyecfng Signs - Projectile signs which are mounted with the sign faces pemend cular to the wall of the build ng shad only be located on mixed- and multiple-use buildings or buthrlir s vdth comer entrances fronting on two streets. The maximum area of such siq s when oermitted shall be 36 square feet subtracted from total allowable sign area of the building to which it is affixed. . -g. Shopping Center Signs - Shopping center signs are free-standing identification/direclon around signs located at the entryways to a s in center site containing more than three individual businesses and limited to the name of the center and/or various ()cements of the center. 6) The allowable sign area along primary street frontages shall be In addition to the sign area allowed for individual occupants and shall be based upon gross 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 reaulahons, but only at a rate that is half the allowable sign area permitted for Thaw sheet entry signs. Gross Building Area Maximum Sign Area up to 25000 sf. 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 signs shall not exceed 15 feet in height. 18174.23 D. Public ProoerN Regglatieps The followin Public Prone Reoulations are intended to help create a safe, user-friendly and Sable able atmosphere for ep destrians motorists and cvc fists v Yh n oubfc his-0f-wav and places. In each case h re is a lip'xe it ble shall be based uoon soecified d n parameters low the sense Of place and arnval. NI public coordinated with the Commercial and Industrial Development Reuulations and Specie! Overlay kee Plans to ensure consistency. 1. Landscape Design in Public Rightsof"WQY Aporooriate plant materials shall be installed alon�c public ricghlsof-way and within medians to create a uniform image in professional office service, 'll'. 3'sF. aw commercial and indusinal areas and to minimize future conflicts relating to ; �,,.,-,,t�'. .ga. s_Igns circulation safe and maintenance. Plant materials and sizes shall be rr 'g'frNie ayf>'` selected from the Plant\1atenal List re 3r'ts- iPs- *W2 5 rs a. Landscape Plans L dsap rip plans f street dahlsof wav and vnln'n • j medians shall be des ned and mslalled to enhance the pedestrian „g h *" visualar to motorists cvchsts and - _ .�fl a ,� gedesphere and to proms f - ped s ans Proper artaneeme t of olantint beds shot id make It easier to _•14 ,: • l' cr .-e—_ read signs facltate mo circulation patterns minimize s}3 maintenance hazards (Dower and ufilty line mdflctsl and enhance the 4n .:,-Ir rs� exoerienceof passingm0tonl ss• . t Y 'a.TZ. �.^^ b. Sidewalks 0 Se entine sidewalks whet tactical shall be located adiacenl to all c r <g+'' _.3-2 �` .. r„ra Rate oedesM fi tv and to mmplemen' landscape bufierdesign5 itpt,- '--c 1 A (ii) Sidewalks shall consist of paved concrete_ least 6 fee wide to allow several o le to mmforlabl walk t ether and ass other croups of • r _pe c destrians. 'r " l Khy ui Where inade^ua'e duhlof-wav exists to unit semen , (.) ----Y--- the access ea to owner shallowner shall emend or grant a wadestrian __ - access easement within Ne hufier area to faalilate the sidewalk. c. brig on and Maintenance (i) JI landscaped areas steal be designed installed and maintained to the highest puali kidped a ainst accepted best managemef practices tar landscaoint• (ii) NI landsraoe area °ati with a timed automatic underground system u611zina 000-�o heads whenever possible providng100% overa e 18174.25 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 she where warranted shall be provided at each cutout. (iii) Transit information kiosks shall be provided al all rima intersections if possible. (iv) The City and Iandovnerslddvelooers shall work closely vrith 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 Par Open Sp ks and ace • (i) The Ci shall work with landowners/developers to incorporate public parks and open space into the design of prolecls consistent with any Special Overlay Nea 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) Develo ment sites abuttin 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 tenting Reten on ponds will be adequately landscaped and inigaled and be designed to enhance public improvement projects. (ii) Wet slormwater detention fadlifies adjoining public streets will include a water feature such as a fountain or spray let, and shall be planted with appropriate agua0c plant material as ouUlned in Section 3: Plan Material List where practical 18174.27 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 (irtotedieg site, land tape;building and .,ignago do..igt}-standards and a plant material, R.,l) and Pubfic-Area--Special-Regulatiea., (Incktding landscape ar"+ equipmment-deslga standards in publie-rights-of-way-aad-design standards 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. 36593.2 Exhibit "2" (Page 2 of 2) D. Compliance with Special Development Plan. All development and redevelopment within the Ocoee State Road 50 Special Overlay Area and the Activity Centers referenced in Section 5- 3.2(A) above shall comply with the Ocoee State Road 50 Special Development Plan and the special regulatiaes-and standards set forth therein. The provisions of Sections 4-6 and 5-3.1(c)(3) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the Ocoee State Road 50 Special Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above. The Ocoee State Road 50 Special Development Plan shall apply only within the specific geographic areas set forth in this Section. Exceot to the extent of an ex ress conflict with the s eclat standards of the Special Development Plan all development and redevelopment within the Ocoee State Road 50 S ecial Overly Area shall com I with all other a licable rovisions of the Ocoee Land Develo ment Code includingbut not limited to Section 6-14. E. City Commission Decisions Final. In all matters involving the Ocoee State Road 50 Special Overlay Area and this Section, the decision of the City Commission shall be final. F. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rights which may • have been or may hereafter be granted by the City to an applicant, (2) to amend or in anyway modify any provision of any development order, developer agreement or other agreement entered into with the City prior to the effective date of this Ordinance, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Ordinance; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site plan, or any extension thereof, that such plan be revised so as to conform with this Section to the extent practical. EXHIBIT "3" C.Basic Design Theme: Although the five foregoing basic principles are reflected in this Concept Plan, Ocoee must also identify its own basic design theme. Ocoee's basic design e dens to icntegrate and buildings, create a place for people, and eliminate typical projects. Together, these concepts can be applied to the corridor and help us visualize a different type of development that acknowledges our sense of community pride. Following, there is a "Concept Plan" that spatially integrates all of the key criteria on one page. The Concept Plan illustrates the combined impact of a coordinated development scenario, critical road connections, secondary connections, pedestrian/ bicycle facilities, recreational trails, and gateway intersections. The Concept Plan seeks to link the diversity of uses, natural features, and neighborhoods into comprehensive Activity Center that creates of a unique sense-of-place through connections and linkages that integrate multiple access through and within the corridor. htibc l f, ep ice ' i. - - -- - 1aL-R.s" *fit -Spee s.1-Regina ' -- and key criteria designed to implement the statement of intent, goals, planning principles, outlined in this Concept Plan. The map on the following page is an attempt to visually integrate all of the concepts on one page. However, where inconsistencies or questions arise regarding the implementation of th..5y:Id-Regulations and/or Concept Plan,the text above and particularly the statement of intent and goals shall provide direction for the Director of Planning in making a determination and resolving the inconsistency whose administrative interpretations may be appealed to the Development Review Co D ttee. I octorf the event a person disagrees with an interpretation or decision made by the Planning, then they may request a meeting of the Development Review Committee which will be held with 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. an ban sec ion Included with the Concept Plan are drawings of State l Road 50 as ntur Road t 50 through and gutters) and as a rural section (open drainage )' once the the City of Ocoee is designed as a rural section which would not be appropriate Activity Center is developed. Accordingly, the City intends to pursue the conversion of State Road 50 to an urban section with the Florida Department of Transportation (FDOT)a . The FDOT is responsible for any improvements to State Road 50 and has schedduledoa planning Design and Engineering Study for the year 2001 in the MetroPlano T atae Road 50. Improvements Proms. There are two sets of plan/elevation drawing it as a One set of drawings shows State Road 50 as an urban section andothe ofo proposed epic Special rural section. In this way; the City can visualize the impact remain a rural Regulations on both types of roadway designs since State Road 50 may section if FDOT disagrees with the City. *The development regulations of Section 6-14 of the Ocoee Land Development_Code ("Development Regulations") **Devel opment