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HomeMy WebLinkAboutVI (A1) Second Reading of Ordinance: Ordinance No. 2003-09, MultiFamily Development Standards, Amendment to the Land Development Code Agenda 3-04-2003 Item VI A 1 Mayor beCenter ofGoodLfv Commissioners S. Scott Vandergrift t , Danny Howell, District 1 k b A Scott Anderson, District 2 City Manager Rusty Johnson, District 3 l Jim Gleason - �_" ' , Nancy J. Parker, District 4 STAFF REPORT DATE: February 27, 2003 TO: The Honorable Mayor and City Commissiorers FROM: Robert Lewis, AICP, Planning Manager THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Multi-Family Development Standards Amendment to the Land Development Code Ordinance #2003-09 ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2003-09, approving a proposed amendment to the Land Development Code establishing Multi-Family Development Standards? BACKGROUND: Even though the Land Development Code allows multi-family development in various zoning districts, the only place in the Code that currently provides design standards for such development is the PUD section. Also due to this factor, the Code does not have provisions for multi-family developments with fee simple land ownership such as townhouses with smaller lot sizes and zero side yard building setbacks. Therefore, even though this may be the only unique feature of a townhouse project, that of development would be forced to go through the cumbersome PUD process, simply because of the small lot sizes and the zero side yard building setbacks. This proposed Land Development Code amendment is intended to resolve these problems. DISCUSSION: The proposed Multi-Family Development Standards ordinance will adopt a new Section 6-15 in the Land Development Code. These standards would apply to all multi-family development in all zoning districts, including areas with PUD zoning. Even though PUD ordinances normally include some standards for multi-family development, these new standards would cover matters not specifically addressed in a given PUD ordinance. One of the key elements of these standards is that they allow the development of various types of attached residential units and smaller minimum lot sizes in an R-3 zoning district, which is currently not allowed by the Code. These kinds of developments now have to use PUD zoning to allow smaller lot sizes and zero side setbacks that are typical in townhouse type developments. February 27,2003 Honorable Mayor and City Commissioners Page 2 Another key element of these standards is that they require multi-family developments to use the commercial and industrial development regulations, to the extent not inconsistent with residential development. Those regulations will address issues related to the layout of parking areas and buildings, landscaping requirements and the general appearance of buildings within multi-family developments. None of these issues are addressed in the Land Development Code today for such developments, except within PUDs. These standards also clarify that hotels, motels and similar facilities are not considered to be multi-family dwelling units — those uses are subject to the commercial and industrial development standards. As indicated previously, the Land Development Code does currently include development standards for multi-family development within PUDs. Those PUD standards have been included within these new multi-family standards to be applied in all multi-family districts, with a few minor changes to clarity certain issues. Since these new standards will apply to all multi-family development in all zoning districts, and they incorporate commercial development standards, these new standards will promote consistent, high quality multi-family development throughout the City. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed amendment establishing Multi-Family Development Standards was reviewed by the Development Review Committee (DRC) on January 24, 2003. The intent of the ordinance was discussed and a few questions were answered. When the discussion was finished, the Committee voted unanimously to recommend approval of the proposed amendment to the Land Development Code establishing Multi-Family Development Standards. PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 11, 2003 the Planning and Zoning Commission held a public hearing to consider the Multi-Family Development Standards. The intent of the ordinance was discussed and a few questions were answered. There was discussion about the minimum living area (currently 650 square feet for apartments, most other types of units would be at least 1,200 square feet) —the idea was presented that it should be increased to 1,000 square feet minimum, even for apartments. There was also a proposal to increase the size of trees to be provided in front of each unit. A third point of discussion was short term rentals —is there anything that can be done to prohibit them by ordinance (most recently they have been addressed with conditions on subdivision plans). There was also a concern about using garages for storage so that they could not be used for parking. A member of the audience also spoke about the proposed ordinance — his points included ADA access to units and problems with short term rentals. When the discussion was finished, the Planning and Zoning Commission voted 3-2 to recommend approval of the proposed amendment to the Land Development Code establishing Multi-Family Development Standards, with the following changes: • The required minimum living area for all multi-family units should be increased from 650 square feet to something closer to 1,000 square feet [Section 5 on page 2 of attached Ordinance # 2003-09]. • The street trees provided in front of each attached multi-family unit should be a minimum size of 4 inch diameter at breast height (DBH) [Section 12 on page 4 of attached Ordinance # 2003-09]. February 27, 2003 Honorable Mayor and City Commissioners Page 3 Note: Even though there was concern and discussion about short term rentals, the motion did not include any language about how short term rentals should be treated. Note: The concern about using garages for storage was also not included in the motion. This issue has been addressed most recently in conditions on subdivision plans. A possible solution might be an ordinance requirement stating that when garages are counted to meet minimum parking requirements, they must always be available for parking and they cannot be set aside to be leased separately. If garages are to be leased separately, they cannot be counted to meet minimum parking requirements. CITY COMMISSION FIRST READING: When the City Commission held the first reading and public hearing for this proposed ordinance on February 18, 2003, the Commission directed Staff to revise the ordinance to include language regarding two additional issues: prohibiting short term rentals and the use of garages within multi-family developments. In response to this direction, Sections 15 and 16 on page 4 have been added to the proposed ordinance. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance s 2003- 09, approving this proposed amendment to the Land Development Code establishing Multi-Family Development standards. Attachments: Copy of Public Hearing Advertisement Copy of REVISED Proposed Ordinance*2003-09 O:\Staff Reports\2003\SR03028 CC.doc NOTICE OF AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE The City Commission of the City of Ocoee proposes to adopt the following Ordinance: No. 2003-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO MULTI-FAMILY DEVELOPMENT STANDARDS; AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY ADOPTING A NEW SECTION 6-15 OF ARTICLE VI THEREOF ESTABLISHING MULTI-FAMILY DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Ocoee City Commission will hold the first of two public hearings concerning the proposed Ordinance on Tuesday, February 18, 2003 at 7:15 p.m., or as soon thereafter as practical, and the second of two public hearings concerning the proposed Ordinance on Tuesday, March 4, 2003 at 7:15 p.m., or as soon thereafter as practical, at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida. The City Commission may continue the public hearings to other dates and times, as they deem necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Ordinance may be inspected by the public at the Ocoee Planning Department, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. Interested parties may appear at the public hearings and be heard with respect to the proposed Ordinance. This notice is given pursuant to Section 166.041 (3)(c), Florida Statutes. Any person wishing to appeal any decision made with respect to any matter considered at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 905-3105. Jean Grafton, City Clerk Thursday, February 6, 2003 and City of Ocoee Thursday, February 20, 2003 (Orlando Sentinel) ORDINANCE NO. 2003-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO MULTI-FAMILY DEVELOPMENT STANDARDS; AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY ADOPTING A NEW SECTION 6-15 OF ARTICLE VI THEREOF ESTABLISHING MULTI-FAMILY DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 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 6-15 of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: Section 6-15. Multi-Family Development Standards. (1) Multi-family dwelling units, including but not limited to apartment dwellings, triplexes, quadraplexes, townhomes, villas, patio homes and condominiums, shall be permitted in R-3 zoning districts. (2) The provisions of this Section shall be applicable to all multi-family dwelling unit developments (including such developments as may be located within a Planned Unit Development District) and are intended to be supplemental to other provisions of this Code applicable to multi-family dwelling unit developments; provided, however, that in the event of a conflict between the provisions of this Section and other provisions of this Code, the provisions of this Section are intended to control. Further, in the event of a conflict between the provisions of this Section and a planned unit development land use plan and/or the conditions of approval thereof, the provisions of this Section are intended to control as to matters not specifically addressed in such land use plan or conditions of approval; provided, however, to the extent that any such land use plan or conditions of approval impose more stringent provisions, it is intended that the more stringent provisions shall control. (3) Notwithstanding the provisions of Table 5-2 of Article V of this Code or any other provision of this Code to the contrary, zero-lot line attached triplexes, quadraplexes, 006.279966.3 townhomes, villas and patio homes intended for single family occupancy and for fee simple ownership may be developed in an R-3 zoning district and in such case the provisions of this Code establishing minimum lot sizes, minimum building setbacks and minimum side yards shall not be applicable thereto except as set forth in this section. (4) All zero-lot line developments intended for single family occupancy and for fee simple ownership shall be platted as a subdivision with individual platted lots for each dwelling unit and shall, unless otherwise set forth in this Section, comply with the requirements of this Code applicable to residential subdivisions. (5) All multi-family dwelling units shall have a minimum living area of 650 square feet per unit, except that zero lot line attached triplexes, quadraplexes, townhomes, villas and patio homes shall have a minimum living area of 1,200 square feet per unit. (6) All multi-family dwelling unit developments shall meet the open space requirements set forth in Section 6-9B(1) of this Code. (7) To the extent not inconsistent with residential development, the provisions of Section 6-14 of this Code regarding commercial and industrial development regulations shall apply to all multi-family dwelling unit developments, subject to the right of the developer of any such project to apply for waivers. (8) The following shall be applicable to all multi-family developments: (a) If private roads are provided and approved by the City, then the development shall meet the same standards applicable to private roads in single family residential subdivisions. (b) All internal drives and parking areas shall be designed with six inch raised concrete curbing to protect landscape areas. (c) A preliminary subdivision plan, final subdivision plan and plat shall be required if the development is being subdivided. (d) A preliminary site plan and final site plan shall be required if the development is not being subdivided. A preliminary site plan and final site plan may also be required for platted lots within a subdivision. (9) A traffic study may be required in order to address the transportation impacts of the development. (10) The provisions of Section 6-9B(2) of this Code shall be applicable to all multi-family developments. Recreational areas in the form of usable land shall be provided to serve a variety of needs for age groups included in the resident populations of all multi-family dwelling unit developments. Both active and passive recreation areas shall be provided. The following guidelines should be considered in designing these areas: -2- 006279966.3 (a) Active Recreation — Typical facilities would include playgrounds, athletic fields, various types of courts (tennis, basketball, racquetball), swimming pools,exercise trails and clubhouses. (b) Passive Recreation —Typical facilities would include picnic areas, benches, trails and water features. All recreational areas should be easily accessible by all residents of the development and include where appropriate sidewalk and bike paths, as well as parking areas for both automobiles and bicycles. Attention should be given to screening and buffering light and noise from adjacent residents. Except for apartment complexes and condominiums, all land shown on Plans as common open space or private recreational areas and facilities shall be shown as being owned and maintained by a property owners association and shall be subject to covenants and restrictions which will ensure the future maintenance of areas and facilities in a safe, healthful, and attractive living environment. (11) Setbacks from side and rear property lines and building separations shall relate proportionately to the design height of the structures. The following minimum standards shall be utilized to review developments; however, increased setbacks or separations may be required depending upon conditions and design considerations: (a) All one and two story multi-family structures shall provide a minimum 25 foot setback from all boundaries of the development. Structures in excess of two stories should increase the setback to reflect the additional structural height. (b) All multi-family structures shall have building setbacks from street rights-of-way shall at a minimum meet the following requirements: Local Street 25 feet Collector Street 35 feet Arterial Street 50 feet Expressway 75 feet (c) There shall be a minimum separation of 20 feet between all multi- family structures of two stories or less and a minimum separation of 30 feet between all multi-family structures three stories or more; provided, however, that where doors, windows, or other openings in the front or rear building wall of a living unit face a wall of another building with doors, windows or other openings, then there shall be a minimum separation of 30 feet between all multi-family structures of two stories or less and a minimum separation of 40 feet between all multi-family structures three stories or more. (d) Minimum 15 foot front yard setbacks in residential areas shall apply to parking areas and stormwater retention facilities. 006279966.3 -3- (12) In addition to the landscape provisions contained in the Section 6-10 of this Code, street trees shall be provided at a rate of one tree per attached multi-family unit. These trees should be located in such a manner as to provide relief from the morning or afternoon sun exposures. Full landscaping plans, including automatic irrigation systems plans, shall be submitted with Final Plans and include layouts for parking areas, buffers, screens, and building perimeters. (13) Maintenance free masonry screening walls on side or rear property lines may be required to buffer surrounding properties from adverse site conditions. Wood fences shall not be permitted. No wall placed on a side or rear lot line shall exceed six feet in height. Landscaping shall be provided in the form of hedge material or shrubs planted adjacent to both sides of the wall equal to 25 percent of its length. (14) The design and layout of residential structures should take into account the exposure of the sun by reducing, to the degree possible, the east and west exposure of buildings. (15) Short Term Rentals are expressly prohibited in multi-family developments where the multi-family units are under the fee simple or condominium form of ownership. For purposes of this Section, "Short Term Rentals" shall mean the rental of a residential dwelling unit for a term of less than six (6) consecutive months. (16) Garages within multi-family developments shall only be conveyed or rented to persons owning or renting a residential dwelling unit within the same multi-family development where the garage is located. Persons owning or renting a residential dwelling unit within a multi-family development containing garages may not own or rent more garages than the number of bedrooms within the owned or rented residential dwelling unit. The primary use for garages within multi-family developments shall be for the parking of one or more automobiles. No secondary use of a garage within a multi-family development shall preclude the availability of using the garage for the parking of one or more automobiles. (17) For the purposes of this Code, hotels, motels and similar facilities are not considered to he multi-family dwelling units. The development of hotels, motels and similar facilities shall be subject to the provisions of Section 6-14 of this Code (Ordinance No. 99-23). (18) Any proposed multi-family dwelling unit development that has obtained a preliminary or final site plan approval prior to the effective date of this Section shall be entitled to proceed with development based on such approval and the provisions of the Code in effect at the time thereof; provided, however, that if any such preliminary or final site plan expires, then any new plan (or extension of an approved plan) shall comply with the requirements of this Section. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 006.279966.3 -4 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2003 READ FIRST TIME ,2003 READ SECOND TIME AND ADOPTED ,2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2003. FOLEY &LARDNER By: City Attorney 006.279966.3 -5