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HomeMy WebLinkAboutItem 08 First Reading of Ordinance Amending Article V, Section 5-4 and Section 5-4.1 of the Land Development Code (LDC) for Residential Fencing ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 21, 2020 Item #: Reviewed By: Contact Name: Kiel Gajadhar V'S Department Director: Michael umer Contact Number: 407-554-7079 City Manager: Robe Subject: Land Development Code (LDC) Amendment to Article V, Sectio 5-4 and Section 5-4.1 Residential Fencing Background Summary: Currently, information on the City's requirements for residential fencing is listed in both Ocoee Land Development Code (Article V, Section 5-4 Open Space Requirements of Zoning Districts), as well as Article V, Section 5-4.1 Fences. This has created some confusion with residents regarding what fencing requirements need to be met in residential areas. To present this information in a more organized fashion, Staff is proposing that all references to fencing be moved from Article V, Section 5-4 to Article V, Section 5-4.1 which specifically addresses fences. In the attached amendment proposal, items with strikethrough signify a removal of information, whereas underlining signifies the addition of information. A requirement for all fences four (4) feet in height and under be no more than 50% opaque was added, and all fences within residential areas must have up to a two (2) inch variable setback from adjacent property lines to avoid encroachment on neighboring properties. Issue: Should the Honorable Mayor and City Commission approve changes to Article V, Section 5-4, as well as Article V, Section 5-4.1 of the City of Ocoee's Land Development Code in order to update the requirements for residential fencing. Development Review Committee Recommendation: On October 1, 2019, the DRC met to determine if the requested changes were consistent with the city's process for amending the Land Development Code. The Development Review Committee voted unanimously to recommend approval of the amendments. Planning and Zoning Commission Recommendation: On October 8, 2019, the Planning and Zoning Commission met to determine if the requested changes were consistent with the city's process for amending the Land Development Code. The Commission voted unanimously to recommend approval of the amendments. 1 Recommendations: Staff respectfully recommends that the Honorable Mayor and City Commission approve the amendments to the Ocoee Land Development Code in Article V, Section 5-4 as well as Article V, Section 5-4.1 for residential fencing. Attachments: Ordinance Financial Impact: There are no financial impacts proposed with the amendments. Type of Item: (please mark with an "x") ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda ❑ Ordinance Second Reading ❑ Public Hearing ❑ Resolution ❑ Regular Agenda ❑ Commission Approval ❑ Discussion& Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier, Assistant City Attorney Reviewed by Finance Dept. Reviewed by 2 Gajadhar, Kiel From: Dana Crosby-Collier <dcrosbycollier@shuffieldlowman.com> Sent: Wednesday, January 15, 2020 10:30 AM To: Gajadhar, Kiel Subject: RE: Ordinance for LDC Fence Amendment Attachments: LDC amendment fences rev 1-15-2020.doc; staff report LDC amend fences 1-21-2020.docx Good morning. Staff report looks good. I added my name to it. Ordinance is fine, I just tweaked the title. Please let me know if you need anything else.Thanks. Dana Crosby-Collier SHUFFIELDLOWNIAN Attorney ATTORNEYS AND ADVISORS Orlando Office Orlando 4 Tavares 4 DeLand Port Orange P 407 5819800 I F 407 5819801 1000 Legion Place,Suite 1700 Email I Bio I VCard Orlando,FL 32801 ©©®® TAVARES 545 West Main St Tavares.FL 32778 P 352 253 2222 F 352 253 2229 DELAND 203 E Rich Ave Deland,FL 32724 P 386 736 9225 F 386 736.9265 PORT ORANGE 301 Dunlawton Ave Port Orange FL 32127 P 386 763 5083 F 386 763 5085 PRIVILEGED INFORMATION DISCLAIMER This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged. confidential or otherwise exempt from disclosure under applicable law If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited If you have received this communication in error.please delete this email,destroy any hard copies thereof and notify us immediately by telephone Thank you From: Gajadhar, Kiel<KGajadhar@ocoee.org> Sent:Wednesday,January 15, 2020 10:06 AM To: Dana Crosby-Collier<dcrosbycollier@shuffieldlowman.com> Subject: RE: Ordinance for LDC Fence Amendment Please see attached. Best regards Kiel Gajadhar Zoning Manager From: Dana Crosby-Collier<dcrosbycollier@shuffieldlowman.com> Sent:Wednesday,January 15, 2020 10:03 AM To:Gajadhar, Kiel<KGaladhar@ocoee.org> Subject: RE: Ordinance for LDC Fence Amendment If you will send me the staff report, I can sign off on it. Dana Crosby-Collier SHUFFIELDLOWMAI\ Attorney ATTORNEYS AND ADVISORS Orlando Office Orlando $Tavares 4 DeLand • Port Orange 1 ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 5-4 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS; AMENDING SECTION 5-4.1 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO FENCING; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, on October 8, 2019, the Planning and Zoning Commission held a public hearing and recommended approval of an amendment proposed by staff to revise Sections 5-4 and 5-4.1 of the City of Ocoee Land Development Code ("LDC") and to include fencing regulations in Section 5-4.1 of the LDC; and WHEREAS, following advertisement and a duly notice public hearing on the Ordinance, on , 2020, the City Commission of the City of Ocoee approved the amendments to Sections 5-4 and 5-4.1 of the LDC; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED 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. Amendment of Section 5-4. Section 5-4 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 5-4. - OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: 1 A. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. B. Open eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two (2) feet. Open porches or open fire escapes may project into a front yard a distance not to exceed five (5) feet. Fences, walls and hedges in residential districts may be erected in any required yard, or along the edge •• •• =, •- • -• -- y-eq+rirements of this Codc shall be met, and provided further that no wall or fence located in front of the front building feet in height. C. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured starting at a point twenty-five (25) feet from the edge of right-of-way. D. No dwelling shall be erected on a lot which does not abut at least one (1) street, which is at least forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. E. The owner of any lot of record existing at the time of the adoption of this Code that does not meet the above criteria may apply to the Board of Adjustment for a variance for the construction of a single-family home. The Board of Adjustment shall make a recommendation and the City Commission shall determine that there is reasonable access to the property, and that this action will create no adverse impact on adjacent properties, before a variance is granted. F. Accessory buildings which are not a part of the main building may be built in the rear yard, but shall not cover more than thirty (30) percent of the rear yard. G. On any corner lot, the applicable front yard setback shall apply to both street frontages. In cases where (1) two (2) corner lots adjoin at the end of a block, (2) the single-family dwelling units are designed rear-to-rear, and (3) there are no garage or main entry doorways exiting to the side front yard, then in such cases, the front side building setback shall be reduced to fifteen (15) feet from the property line. The foregoing provision applies only to new single-family dwellings for which building permits are obtained after January 15, 2008. H. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6) inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. 2 I. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. In cases where (1) two (2) designed rear to rear, and (3) there are no garage or main entry doorways exiting to the side front yard, then in such cases, fences greater than four (4) feet and no more than six (6) feet in height shall be allowed within the side front yard as long as a extends along no more than one half(1/2) the depth of the house. J. Open porches may extend into the rear yard in residential districts provided that: (1) The open porch does not cover more than thirty (30) percent of the rear yard; (2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty (50) percent; (3) The open porch is no closer than seven and one-half(71/2) feet to the rear lot line and no closer than seven and one-half(71/2) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. K. The required open space area for a single-family residential lot shall not include covered area with any impervious materials such as stone, gravel, rock or impervious mulch materials. In no case shall any impervious materials, other than those required for sidewalks, driveways or parking area aprons, be placed within public or private roadway rights-of-way. For the purposes of this subsection, impervious mulch materials are defined as any material that significantly limits the absorption of stormwater into the ground, such as stone, gravel and rocks that are used in landscaping. SECTION 3. Amendment of Section 5-4-1. Section 5-4-1 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 5-4.1. - FENCES. Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to be grandfathered as legal nonconforming structures. It is the burden of the property owner to provide documentation to the City that the existing fence meets this standard. Subject to obtaining building permits, grandfathered fences shall be allowed to be repaired and/or replaced in the location they were constructed in, except that safe sight triangles on corner lots must be maintained for all replacement fences. Fences, walls, and hedges in residential districts may be erected in any required yard, or along the edge of any yard, provided that street corner visibility requirements of this Code shall be met, and provided further that no wall or fence located in front of the front building line shall exceed four (4) feet in height and be no more than fifty (50) percent opaque. No other wall or fence shall exceed six (6) feet in height, and all fences must have up to a two (2) inch variable setback from adjacent property line, so as to not encroach on neighboring property. 3 Corner lots: In cases where: (1) two (2) corner lots adjoin at the end of a block, (2) the single- family dwelling units are designed rear-to-rear, and (3) there are no garage or main entry doorways exiting to the side front yard, then in such cases, fences greater than four (4) feet in height and no more than six (6) feet in height shall be allowed within the side front yard as long as a minimum setback of fifteen (15) feet is maintained from the property line and the fence extends along no more than one-half(1/2) the depth of the house. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2020. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2020 READ FIRST TIME ,2020 FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED THE CITY OF OCOEE,FLORIDA; ,2020 UNDER AGENDA APPROVED AS TO FORM AND LEGALITY ITEM NO. N this day of ,2020. SHUFFIELD,LOWMAN & WILSON By: City Attorney 4