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Home My WebLink About2022-26 Amending LDC for Major Community Residential Homes and Commercial Recreation Facilities ORDINANCE NO. 2022-26 (LDC Update for Major Community Residential Homes and Commercial Recreation Facilities) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE ARTICLE V, SECTION 5- 15B AND TABLE 5-1 RELATING TO MAJOR COMMUNITY RESIDENTIAL • HOMES AND COMMERCIAL RECREATION FACILITIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING 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, the City has identified internal inconsistencies in the Use Regulations of Article V of the Land Development Code relative to community residential homes and commercial recreation facilities that may result in adverse impacts to surrounding residential neighborhoods and properties; and WHEREAS, the City has found it is necessary to protect existing adjacent properties from potential adverse impacts of such community residential homes and commercial recreation facilities and to ensure the health, safety, and general welfare of the public; and WHEREAS, on October 11, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Section 5-15B and Table 5-1 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to community residential homes and commercial recreation facilities; and WHEREAS, the Ocoee 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; and WHEREAS, following the advertisement and duly noticed public hearing on the Ordinance on Tuesday, November 15, 2022, the Ocoee City Commission approved the amendments to Section 5-15B and Table 5-1 of the LDC. 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 Ocoee City Commission 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 3. AMENDMENT OF THE LDC. Section 5-15B of Article V of the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "A" and Table 5-1 of Article V of the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "B", with underlines representing additions and strike-throughs representing deletions, relating to major community residential homes and commercial recreation facilities. SECTION 4. 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 5. 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 6. CODIFICATION. it is the intention of the Ocoee City Commission 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 re-lettered 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 re-lettered, and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without the need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of din1/214&/- , 2022. [Space intentionally blank] -2- EXHIBIT "A" Changes are hereby made to Section 5-15B, as follows, with underline representing additions and strike-through representing deletions: ARTICLE V *** § 5-15. -SPECIFIC USE/DEVELOPMENT STANDARDS. *** B. Community Residential Homes. (1) Purpose. This section is intended to provide reasonable standards and procedures for the development of "community residential homes" (also referred to as "group homes", "halfway houses", etc.) consistent with the requirements of Chapter 419, Florida Statutes. (2) Procedure for approval of minor community residential homes. Prior to the issuance of a certificate of occupancy, the operator of a minor community residential home or the owner of the property shall provide the Building Official and Zoning Development Services. Director with a statement certifying that the use is in compliance with the restrictions' set out in Section 419.001(2), Florida Statutes, and in particular with the prohibition on the location of such a use within one thousand (1,000) feet of an existing minor community residential home or within a radius of 1,200 feet of an existing maior community residential home. Failure to maintain licensure by the DepaFtment-ef-Health-and Rehabilitative Licensing Agency, failure to limit occupancy to six (6) qualifying residents, and/or failure to meet the standards of Section 419.001, Florida Statutes, or any standard of the County applicable to single family dwellings shall result in the revocation of the certificate of occupancy and require the abandonment of the use. (3) Procedure for approval of maior community residential homes. (a) Prior to the, issuance of a certificate of occupancy, the operator or Sponsoring Agency, as defined by Section 419.001(f), Florida Statutes, of a maior community residential home or the owner of the property within which a maior community residential home is proposed shall first obtain a Special Exception approval. (b) An application for a conditional special exception use permit shall comply with the requirements of Section 4-8 of Article IV and shall be accompanied by the information identified in Section 419.001(3)(a), Florida Statutes, and including including all information identified as being the responsibility of the District Administrator of the Department of Health Rehabilitativeand Licensing Aciency, as defined, by Section 419.001(1)(b), Florida Statutes. -4- (c) -The Building Official and Building and Zoning Official Development Services Director shall review the materials submitted and determine that the submission complies with the requirements of Section 419.001, Florida Statutes, and-with the Special Exception requirements of Section 4-8 of Article IV, and with the following standards: a. The use of the dwelling for a.major community residential home will not result in a concentration of such homes in the area. A home within a radius of 1,200 feet of another home in any zoning district shall be an overconcentration of such homes. A home within a radius of 500 feet of a single-family zoning district shall be an overconcentration of such homes. Per Section 419.001(5), all distance requirements shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home. b. The use of the dwelling unit for, a major community residential home shall be clearly incidental and subordinate to its use for residential purposes. Operation of the home shall not substantially alter the use of the property as a single-family home or the nature or character of the area as a residential neighborhood. c. In addition to the number of spaces required for the principal use, parking shall be provided at a rate of one (1) space per five (5) beds. Parking and vehicular and pedestrian areas shall comply with Article VI, Section 6-4. d. Operation of the major community residential home shall comply with all of the City's residential districtsI standards with respect to noise, littering, and waste disposal regulations established in Chapters '101, 113, and 143 of the Code of Ordinances as well as local and state building and fire safety regulations. {a-)(d) for multi family development as set out , in this Article. In considering its action on the request, the Planning and Zoning Commission and the City Commission shall, in addition to the requirements and standards for multi family dwellings,as set out in this Code and in the Comprehensive Plan, consider the standards and provisions of Sections 419.001(3)(b) and (c) and 419.001(4), Florida Statutes. (4) After approval of a major community residential home, the operator/Sponsoring Agency shall submit to the City evidence of the licensed being issued and valid by the Licensing Agency. , fFailure to maintain licensure by-from the Department of Health—and—Rehabilitative—ServidesLicensing Agency, failure to limit occupancy to fourteen (14) qualifying residents, and/or failure to meet the standards of Section 419.001, Florida Statutes, or any standard of the City applicable to multi family dwellingsthe major community residential home shall result in the revocation of the certificate of occupancy and require the abandonment of the use. -5- EXHIBIT "B" Changes are hereby made to Table 5-1, as follows, with underline representing additions and strike-through representing deletions: [Table 5-1 on next page] [Space Intentionally Left Blank] -6- TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. "- " = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 RCE-2 R-1 lAAA R-1AA AGRICULTURAL USES Agriculture - . - - - - . - - - - - - - - - Agricultural Processing P P P P P P P P - - - - - - RESIDENTIAL USES Adult Congregate Living Facility (ACLF) P P P P P P P - - - - - - - Community Residential Home, Major -**"* P. fa R R R fa RS - - - - - - Community Residential Home, Minor P P P P P P P - - - - - - - Dwelling, Single-Family P P P P P P P - - S - - - Dwelling, Two-Family P - -- - - P P - - - - - - Dwelling, Multi-family - - - - - - P - - - - - - - Dwelling, Mobile Home P - - - - -- - P - - - - - Mixed-Use Development (Mixed-use - - - - - - - - S S S S S - development will be allowed by PUD and special use districts adhering to the requirements specified in Article IV) Mobile Home Development - - - - - - - P - - - - - - Nursing Home - S S - - S - - - P P P - COMMERCIAL USES _ , . - "... , ; - Adult Entertainment Establishments - - - - - - - - - - S - - Appliance Store - . - - - - - - - - - P P P . Automotive Body Repair - . - - - - . - - - - . - - - P P Automobile Parking Lot - - - - - - - - - - P P P P TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. "- " = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 RCE-2 R-1 1AAA R-1AA Automobile Repair - - - - - -- - - - - P P P Automobile Sales (New and Used) - - - - - - - - S P P - Automobile Service Station - - - - - - - - - - P** p** P Automotive Wrecking or Salvage Yards - - - - - - - - - - - P Bar (associated with restaurant seating 45 - - - - - - - - - - P P P P people) Bars and Cocktail Lounges - - - - - - - - - S* P P - Boat Sales and Service - - - - - - - - - P P - Bus Terminal - - - - - - - - - - P P - Car Wash - - - - - - - -- - - P P - Clinic, Dental or Medical - - - - - - - -, P P P P P P Commercial, Convenience - - - - - - - - P P P P P Commercial, Convenience with Gas Sales - - - - - - - - S P P P . . Commercial, Retail - - - - - - - - - - P P P S Department Store - -. - - - - - - - P P P - Equipment Sales - - - - - - - - S P P P P Funeral Parlor - - - - - - - - - P P P - Furniture Repair and Upholstery - - - , - - - - .. - P P P . -- Furniture Store - - - - - - - - p p P - Gallery/Museum - - - - - - - - - P P P - Gas Station - - - - - - - - - - S P P - Grocery Store/Supermarket - - - - - - - - - - P P P - • TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. "- " = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 RCE-2 R-1 1AAA R-1AA Heating and Air Conditioning Sales and - - - - - - - - - - - P P - Service with outside storage Heating, Ventilating, Plumbing Supplies, - - - - - - - - P P P - Sales, tt Service Hospital - S S - - - - - - - P P P - Hotel or Motel - - - - - - - - - - S P P - Interior Decorating Store - - - - - - - - P P P - Live Entertainment Establishment - - - - - - - - - - S - Liquor Store, No on-premise consumption - - - - - - - - - - P P P - • ' - - - - . - - - - - fa P fa - Mobile Home and Travel Trailer Sales - - - - - - - - - - P P - Monument Sates - - - - - - - - - - - P P - Motor Vehicle Wholesale - - - - - - - - - - - P P P Movie Theater - - - - - - - - - - P P P - Music, Radio, TV Shop - - - - - - - - - - P P P - Nursery/Garden Supply Store - - - - - - - - - P P P - Pawn Shop - - - - - - - - - - P P - Pre-Fabricated House Sales - - - - - - _ - - - - P P - Printing, Book Binding, Lithograph, and - - - - - - - - - - - P P - Publishing Plants Professional Offices - - - - - - - - P P P P P P Radio Broadcasting and TV Stations, Studios, - - - - - - - - - - - P P - Et Offices TABLE 5-1 PERMITTED USE REGULATIONS "P"= Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. "- " = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 A-2 RCE-1 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2 RCE-2 R-1 IAAA R-IAA Recreational Vehicle Park - - - - - - - - - - - S S S Restaurant - - - - - - - - - p*** p*** p*** p*** p Self-storage Facitity**** - - - - - - - - - - - S S - Sign Painting Shop - - - - - - - - - - - P P - Veterinary Hospitals and Kennels when - - - - - - - - - - - P P - confined within structure INDUSTRIAL USES Borrow Pits - - - - - - - S Industrial Park - - - - - - - - - - - - P P Industrial, Light - - - - - - - - - - - - P P Industry, Heavy - - - - - - - - - - - - - P Transfer Station - - - - - - - - . - - - - S Truck Stop - - - - - - - - - - - - - P Warehousing/Distribution - - - - - - - - - - - - P P PUBLIC AND SEMI-PUBLIC USES '-:,::: ..-. 7,,,- '',-..''', ':',• , ..,,,-,°- -. '-` . , ' , '.--,' ,-- ' . -',, -,,'', - , : :'''-'',. .,,:-. --,',' ' .„ -, - ..: , .- ., ;-:' - 'T,--- "..,- "-, Child Care Facilities - - - - - S S - - S S S S - Church P P P S S S S S - S S S - - Club or Community Use - - - - - - S - S S S S - - Conservation Use P P P P P P P P P P P P P P Golf Course/Country Club P P P P P P P - - - P P P P TABLE 5-1 PERMITTED USE REGULATIONS "P" = Permitted Use in that Zoning District Refer to Table 5-22 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. ' - ' = This Use is not permitted in this Zoning District Refer to Sections 5-8B and 5-8C for List of Additional Prohibited Uses USE A-1 1 A-2 RCE-1 R-1A R- R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 RCE-2 R-1 1AAA R-1AA Public Service or Utility S S S S S S S S S S S S S S Public Service, Essential P P P P P P P P P P P P P P Recreation Facility,Commercial- Indoor - - - - - - - - - - P P P P Recreation Facility, Commercial - Outdoor - - _ - - - S S S S Recreation Facility, Neighborhood P P P S S S S S S S S S S S School P P P I S S S S S S S S S - - Telecommunications Service Facilities Refer to Article V, Section 5-19 and Map 5-19 *Bars and Cocktail Lounges are permitted by Special Exception in the C-2 zoning districts, except as otherwise specifically permitted by separate ordinance or elsewhere in the Code. ** in Special Overlay Districts: 1. Facilities shall be limited to three (3) bays, unless a waiver is granted by the City Commission. 2. No bays shall be visible from any public right-of-way. *** In Special Overlay Districts: 1. New drive-through fast food restaurants may not have access or be located directly onto an arterial or collector roadway as designated by the City of Ocoee. 2. No drive-through lane(s) shall be visible from any public right-of-way. **** In Special Overlay Districts: 1. Self-storage is permitted only 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 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. 2. Any self-storage facility with frontage on an arterial street must be located behind a retail business. ***** Refer to Section 5-15B Procedure for approval of a major community residential home. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 144 j6. _ Q‘jki;y. Melanie Sibbitt; City Clerk Rusty Joh oreayor _(SEAL) • - ADVERTISED Ain't iv, 3 , 2022 READ FIRST TIME Itimember / , 2022. READ SECOND TIME AND ADOPTED Nairn tar 15 , 2022. UNDER AGENDA ITEM NO. // FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this /S-17 day of Mai, , 2022. SHUFFIELD LOWMAN &WILSON, P.A. By: City -3-