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Home My WebLink AboutItem 11 First Reading of Ordinance for Land Development Code (LDC) Amendment Relating to Self-Storage FacilitiesAGENDA ITEM COVER SHEET Meeting Date: April 19, 2022 Contact Name: Mike Rumer Contact Number: 407-905-3157 Item # I Reviewed By: me�" Department Director: Michael RIWel City Manager: Robert Subject: First Reading of an Ordinance Amending Article V, Table 5-1 of the City Land Development Code (LDR) Related to Permitted Use Regulations relating to Self - Storage Facilities in the City of Ocoee Background Summary: On September 21, 2021, the City Commission approved an Ordinance establishing a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits for self -storage within the C-3 (General Commercial) and 1-1 (Restricted Manufacturing and Warehousing) Zoning Districts for a period of six months. During this moratorium, the Development Services Department has researched what the Industry standard is for Self -storage facilities. On average, the industry looks at a 3-5-mile radius with a maximum square foot between 7-10 square feet of rentable storage space per resident population. In Florida, with its lack of basements and a large mobile home occupancy rate, trends more towards the 10 square feet per person. Currently, the City has 11 self -storage facilities that are operating, under development, or recently approved, with a total of 700,000 square feet for a population just under 50,000. This means the City has ±14.25 square feet per resident. Staff recommending implementing the following criteria for self -storage facilities: Maintaining the current code provisions for properties located within Special Overlay Districts with a C-3 or I- 1 Zoning Designation: 1. Self -storage is permitted only as an accessory use. a) An accessory use shall be defined as no more than thirty-five (35) percent of the building or parcel of land may be used for self -storage. If the mix of uses is separated on -site, the self - storage area(s) visible from the roadways must be lined with office or retail frontage. b) Any self -storage facility with frontage on an arterial street must be located behind a retail business. 2. Provide for the use of Self -Storage Facility as a Special Exception in the C-3 and 1-1 Zoning Districts. Issue: Should the Honorable Mayor and City Commission recommend approval of an Ordinance amending the Land Development Code (LDC) relative to Article V, Table 5-1 Permitted Use Regulations relating to Self - Storage Facilities? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission met on March 8, 2022, to consider the proposed LDC amendments to the Land Development Code (LDC) relative to Article V, Table 5-1 Permitted Use Regulations relating to Self -Storage Facilities and voted unanimously to recommend approval per staff recommendation. Recommendation: Staff recommends the Honorable Mayor and City Commission recommend approval of amendments to the Land Development Code (LDC) relative to Article V, Table 5-1 Permitted Use Regulations relating to Self - Storage Facilities by: Maintaining the current code provisions for properties located within Special Overlay Districts with a C-3 or I- 1 Zoning Designation: 1. Self -storage is permitted only as an accessory use. a) An accessory use shall be defined as no more than thirty-five (35) percent of the building or parcel of land may be used for self -storage. If the mix of uses is separated on -site, the self - storage area(s) visible from the roadways must be lined with office or retail frontage. b) Any self -storage facility with frontage on an arterial street must be located behind a retail business. 2. Provide for the use of Self -Storage Facility as a Special Exception in the C-3 and 1-1 Zoning Districts. Attachments: Ordinance Financial Impact: None Type of Item: (please mark with an "x ) FXj Public Hearing For Clerk's Dept Use: n 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 Reviewed by Finance Dept. Reviewed by ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ARTICLE V, LAND USE AND DENSITY REGULATIONS (ZONING) TABLE 5-1 PERMITTED USE REGULATIONS; AMENDING SECTION 5-8 USE REGULATIONS PROVIDING FOR SELF -STORAGE FACILITIES AS AN ACCESSORY USE, PROVIDING FOR VISUAL LIMITATIONS FOR SELF -STORAGE FACILITIES, PROVIDING FOR ARTERIAL FRONTAGE LIMITATIONS FOR SELF -STORAGE FACILITIES; PROVIDING PURPOSE AND INTENT; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, as provided in Article VI11 of the Constitution of the State of Florida and Chapters 163 and 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, the self -storage industry was developed in the early 1970s in an effort to accommodate the storage needs of a variety of users; and WHEREAS, City staff has determined that the City has eleven (11) self -storage facilities for a total of 700,000 square feet for a population of under 50,000 persons and that the City has +/- 14.25 square feet of self -storage per resident; and WHEREAS, it is necessary to protect existing adjacent properties from potential adverse impacts of self -storage facilities and to minimize adverse visual impacts of self - storage facilities; and WHEREAS, the City has found that there is a need to revise code standards relating to the development of self -storage facilities and create standards relating to self - storage facilities within the C-3 and 1-1 Zoning Districts in the City, with the exception of those properties lying within the Special Overlay Districts within the C-3 or 1-1 Zoning Districts; and WHEREAS, amending the City's land development code for the purpose of updating said standards specifically as they relate to uses, design standards, and compatibility, and the development of zoning standards that will enhance economic development and redevelopment within the C-3 and 1-1 Zoning Districts; 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. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. 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 Chapter 166, Florida Statutes. Section 3. Table 5-1. Table 5-1, Permitted Use Regulations of the Land Development Regulations of the City of Ocoee Code is hereby amended to read as follows with strikethroughs showing deletions and underlines showing additions: Use A- A- RCE- R- R- R- R- RT- PS C- C- C-3 1-1 1- 1 2 1 1A 1AAA 2 3 1 1 2 2 RCE- R- R- 2 1 1AAA Self - Storage - - - - - - - - - - - S S - Facility Section 4. Section 5-8.(G) Use Regulations. The City of Ocoee Code is hereby amended to add a new Section 5-8(G). Use Regulations. Self -Storage Facilities to read as follows with strikethroughs showing deletions and underlines showing additions: 1. Accessory Use. Self-storaae facilities shall onlv be permitted as an accessory use. An accessory Use shall be defined as no more than thirty-five (35) percent of the building or parcel of land maybe used for self -storage. 2. Visibility. If the mix of uses is separated on -site, the self -storage facility area(s) visible from the roadways must be lined with office or retail frontage. 3. Arterial Frontaae. Anv self-storaae facilitv unit with frontaae on an arterial street must be located behind a retail business. Section 5. Conflict. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. 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 portions hereto. Section 7. Codification. It is the intention of the City Commission of the City of Ocoee, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Ocoee; that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word "Ordinance" may be changed to "Section," "Article," or other appropriate word. Section 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2022. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2022. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney COPY OF ADVERTISEMENT Date Published and Media Name 1Z OBSERVER I THURSDAY. APRIL 7, 2022 ocoeC CITY OF,OCOEE NOTICE OF PUBLIC HEARING LAND DEVELOPMENT CODE AMENDMENT TO AMEND TABLE 5-1 PERMITTED USE REGULATIONS AS ESTABLISHED BY SECTION 5-$A OF ARTICLE V RELATING TO SELF -STORAGE FACILITIES NOTICE IS HEREBY GIVEN, pursuant to Subsection 166.041(3)(c)2., Flor- ida Statues, that on TUESDAY, APRIL 19, 2022, and on TUESDAY, MAY 3, 2022, at 6:15 P.M. or as soon thereafter as practical, the CITY OF OCOEE CITY COMMISSION will hold PUBLIC HEARINGS at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida,. to con- sider the following Ordinance: AN ORDINANCE OF THE CITY.OF OCOEE, FLORIDA, AMENDING AR- TICLE V, LAND USE AND DENSITY REGULATIONS (ZONING) TABLE 5-1 PERMITTED USE REGULATIONS; AMENDING SECTION 5-8 USE REGULATIONS PROVIDING FOR SELF -STORAGE FACILITIES AS AN ACCESSORY USE, PROVIDING FOR VISUAL LIMITATIONS FOR SELF -STORAGE FACILITIES, PROVIDING FOR ARTERIAL FRONTAGE LIMITATIONS FOR SELF -STORAGE FACILITIES, PROVIDING PURPOSE AND INTENT, PROVIDING' FOR CODIFICATION, CONFLICTS, SEVER - ABILITY; AND EFFECTIVE. DATE. Interested parties may appear at the public hearing and be heard with re- spect to the proposed action. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee,Plan- ning Department located at 150 North Lakeshore Drive, Ocoee, Florida, be- tween the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and no fur- ther notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a 'verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommoda- tion or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105.