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Home My WebLink About08-08-2006 Agenda Packetkki --- —4: rr _ _ , Mayor S. Scott Vandergrift City Manager Robert Frank PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) AGENDA August 8, 2006 I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held May 9, 2006 III. OLD BUSINESS IV. NEW BUSINESS A. Residential Front Yard Regulations City & Land Development Code Amendments V. MISCELLANEOUS A. Project Status Report B. August Calendar VI. ADJOURNMENT O:\P & Z\Agendas\20061Aug 8, 2006 P & Z Agenda.doc Commissioners Gary Hood, District 1 Scott Anderson, District 2 ' Rusty Johnson, District 3 Joel Keller, District 4 7:00 PM PUBLIC HEARING (Community Development Director Wagner) NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting 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 testimony and evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905-3105, 48 hours in advance of the meeting. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us ITEM NUMBER II. A. Minutes of the Planning and Zoning Commission Meeting held on May 9, 2006 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MAY 9, 2006 CALL TO ORDER Chairman Golden called the meeting to order at 7:05 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Golden, Members Conkling, Dillard, Morris, Rhodus, Sills, and West. Also present were City Attorney Rosenthal, Community Development Director Wagner, Senior Planner Fabre, Principal Planner James, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair McKey was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, April 11, 2006. Member Dillard stated he was at the April 11, 2006, meeting but his presence was not reflected in the minutes. Member Dillard, seconded by Member Sills moved to accept the Minutes of the Apnl 11, 2006, meeting with corrections to reflect that Member Dillard was present at the April 11 2006 Planning and Zoning Commission Motion carried unanimously. OLD BUSINESS None NEW BUSINESS McCORMICK WOODS PHASE III — PRELIMINARY/FINAL SUBDIVISION PLAN Senior Planner Fabre stated McCormick Woods Phase III is Preliminary/Final Subdivision. The subdivision is a continuation of the previously approved McCormick Woods (Phase 1 & 2) residential subdivision. The parcel is about another 10-acre and was subsequently not in the City's jurisdiction until legal approval was given to annex. The property zoning is low density R-1A. A future 25-acre middle school site is located adjacent on the southeast side of the subject subdivision. Located to the south of McCormick Road is Ingram Road. The Planning and Zoning Commission Regular Meeting May 9, 2006 subdivision is subdivided into 30 lots with a 20-foot wide landscape buffer along State Road 429. Access to the site will be through the internal road network of the McCormick Woods subdivision. Community building and amenities will be provided by the McCormick Woods subdivision. DEVELOPMENT COMMITTEE REVIEW The DRC met on May 2, 2006, and reviewed the Preliminary/Final Subdivision Plan. The DRC voted unanimously to recommend approval of the Preliminary/ Final Subdivision Plan, as date stamped received by the City on April 21, 2006. STAFF RECOMMENDATION Based upon the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan for McCormick Woods Phase III, as date stamped received by the City on April 21, 2006. DISCUSSION Chairman Golden inquired about the Preliminary /Final Subdivision Plan and stated they usually see the plans twice. Senior Planner Fabre stated since the plans had been reviewed when the first subdivision, annexation, and rezoning came through they just went ahead and presented it as a Preliminary/Final subdivision Plan. The Public Hearing was opened for the Preliminary/Final Subdivision Plan As no one wished to speak, the Public Hearing was closed for the Preliminary/Final Subdivision Plan. Member West, seconded by Member Rhodus moved to recommend approval of the Preliminary/Final Subdivision Plan for McCormick Woods Phase 111 as date stamped received by the City on April 21 2006 Motion carried unanimously. LAND DEVELOPMENT CODE AMENDMENT — ILLEGAL NON -CONFORMING SITES AND STRUCTURES ORDINANCE Principal Planner James stated currently in the Land Development there are no Land Development Code Provisions requiring properties or structures to be brought back into compliance with the City's regulations when a portion of the property is conveyed or transferred to a governmental or quasi -governmental entity, such as for a roadway widening project. This specific problem area was highlighted during the right-of-way purchases or "takings" by the Florida Department of Transportation (FDOT) for the widening of SR 50/Colonial Drive. Principal Planner James displayed exhibits of before and after pictures of Maguire Planning and Zoning Commission Regular Meeting May 9, 2006 Road and State Road 50. Properties along that roadway were originally required to fulfill the City's requirements concerning landscaping, buffers/setbacks, signage and parking; however, with the widening many of these requirements will be diminished quite a bit. The amendment to the Land Development Code adding subsection .4-11 would make the properties or structures illegal and non -conforming, and outline a process to bring these properties back in compliance with the LDC. Within 90 days from the date of conveyance or transfer, the property owner must hold a pre - application conference and discuss the actions needed to bring the remaining portion of the property and structure into compliance. Within 180 days from the date of conveyance or transfer, the property owner must submit the revised subdivision and/or site plan and/or proposed amendments to the development or annexation agreement along with an application to request an amendment to the plan or agreement. The applicant may apply for waivers from the LDC if the new requirements place an "unreasonable burden on the property owner". The Community Development Director may grant waivers; however, any waiver requires a development agreement or an amendment to an existing development/annexation agreement will require City Commission approval. Applicants will be responsible for all review cost with flat fees/review deposits waived. The applicants may elect to defer cost payments until compensation is received for the conveyance or transfer. Enforcement will be handled by the Code Enforcement Officers and the Code Enforcement Board as indicated in the City Code. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission recommend approval of an amendment to the Land Development Code adding subsection 4-11, requiring property owners to bring illegal and non -conforming structures into compliance with the Code when real property is conveyed or transferred to a governmental or quasi -governmental entity. PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS Member West inquired if this amendment was for just governmental and quasi - governmental takings only or would it affect someone who sells their property to someone else. Principal Planner James stated this amendment is for takings of a portion of the property. Because of that taking it would make a portion of the property illegal and non -conforming. He further stated what they are trying to avoid is having some of the Pine Hills look where you work so hard on trying to get architectural, landscaping , and setbacks and then have them wiped out by the road. Community Development Director Wagner briefly discussed the history of the widening of State Road 50 that was proposed by FDOT. Chairman Golden Planning and Zoning Commission Regular Meeting May 9, 2006 inquired as to how the City planned on tracking all of the takings. Community Development Director Wagner stated they have a whole series of photographs and they are contacted on every individual property by the appraisers. 'City Attorney Rosenthal stated they may not know the exact day of the takings but the appraisers who are appraising the property are going to know the regulations are out there; which the owners will also know. He further stated the motivation for the land owners to come in is the pre -application process with the City to find out what it will cost to bring their site back into compliance because that cost they can turn over and try to recover from FDOT. He further stated if the property owner waits until after the takings then they are running a risk that they would have settled with FDOT but they might not have all the money from FDOT that it might take to bring the site back into compliance. He also briefly spoke about eminent domain and making sure the owner's spend the money to make the improvements. Member Dillard inquired as to what the penalty was for not conforming. City Attorney Rosenthal stated those owners who do not conform will be brought before Code Enforcement. Chairman Golden stated he would recommend notices to be sent to property owners as soon as the amendment is passed by the City. A brief discussion ensued regarding the importance of the LDC amendment. The Public Hearing was opened. DISCUSSION Bill Fagan, Managing Member of Ocoee Commons Development, stated he was present tonight not to argue the City's position, but to advise members that in many cases when a developer goes out to secure a loan they have to verify the property is in a conforming use. He further stated there is the potential that if a non -conforming use is slapped onto someone's property where they may have a loan, it could call the loan. Bill Fagan stated he feels that this issue is something the board should look into before they open up a can of worms. City Attorney Rosenthal stated most loans will have provisions in them so that issue would have to be a case by case basis. The Public Hearing was closed. Member Rhodus, seconded by Member West moved to recommend approval of an amendment to the Land Development Code adding subsection 4 11 requiring property owners to bring illegal and non -conforming structures into compliance with the Code when real Property is conveyed or transferred to a governmental or Quasi -governmental entity, Motion carried unanimously 4 Planning and Zoning Commission Regular Meeting May 9, 2006 CITY OF OCOEE COMMUNITY REDEVELOPMENT PLAN REVIEW Senior Planner Fabre stated the City had to do a "Finding of Necessity Report" or "blight" study as defined by the Florida Statute. On September 21, 2004, the City Commission adopted a resolution finding a certain defined area of the City of Ocoee as having conditions of blight. Thereafter, on March 21, 2006, the Orange County Board of Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority to the City to create and manage a Community Redevelopment Agency (CRA). On April 25, 2006, the CRA board reviewed. and approved the proposed Community Redevelopment Plan and collectively agreed to forward the plan to the Planning & Zoning Commission (Local Planning Agency) for review and a formal determination that it is consistent with the City's Comprehensive Plan that was adopted in 2002. The CRA boundary, as described in the redevelopment plan, covers approximately 1,070 acres. More specifically, the CRA largely covers the same area as the previously approved State Road 50 Activity Center Special Development Plan referenced in the City of Ocoee Comprehensive Plan and Land Development Code. Financing for the CRA would be through tax increments. The objectives of the redevelopment plan deals comprehensively on safe transportation, pedestrian safety, and urban design. Senior Planner Fabre stated after much review there are 56 total goals, objectives, and policies that were met by the criteria of the comprehensive plan. The Planning & Zoning Commission, acting as the Local Planning Agency, has been given the task to review the proposed Redevelopment Plan for consistency with the comprehensive plan. Staff has found that the Community Redevelopment Plan was specifically prepared to be consistent with the adopted City of Ocoee Comprehensive Plan. STAFF RECOMMENDATION Staff respectfully recommends that the Planning & Zoning Commission (LPA) make a determination that the City of Ocoee Community Redevelopment Plan is consistent with the Ocoee Comprehensive Plan. PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS Community Development Director Wagner stated the plans meet the State requirements and incorporates all the provisions in the comprehensive plan, such 5 Planning and Zoning Commission Regular Meeting May 9, 2006 as Mr. Fabre stated. He further stated there is anticipation to do a more detailed study and developments of rules and regulations, which will come before the Planning & Zoning Board. Before July 1" they will need to get the plans for the CRA adopted so they could capture another year's worth of tax increments. The CRA Board is made up of the City Commission, (1) one member from Orange County, and a citizen representative from the City. Member West inquired if there had to be a percentage of blighted property. City Attorney Rosenthal stated it is a finding of fact by the Elected Officials, which has to meet the State standards and that finding of fact was based upon a study. The Colony Plaza was the main factor of study and primary motivations for the CRA. Member West inquired if there would be any more property added/deleted from the plans. A lengthy discussion ensued regarding the CRA and its benefits to the City of Ocoee and many businesses. Member Rhodus stated according to the plans it says the redevelopment initiatives must occur within the next 40 years and she is inquiring if that was how long they would have to wait before property would be considered unblighted. City Attorney Rosenthal stated the first year of the CRA they do not have any money and they can not fix anything until they have money. With the CRA the money only increases as the tax basis increases. Brief discussion ensued regarding the scenarios for the CRA plan. The Public Hearing was opened for the City of Ocoee Community Redevelopment Plan Review. As no one wished to speak, the Public Hearing was closed for the City of Ocoee Community Redevelopment Plan Review. DISCUSSION Member Morris inquired what options does a person have other then demolition or rehab if a building is considered blighted and who would pay for it. City Attorney Rosenthal stated if the building was considered blighted with or without the CRA the Government City has the power through Code Enforcement to possibly demolish a building that is a danger to the public. Member Morris stated he is still confused on how the CRA spends the money and how they chose where/when to spend it. Community Development Director Wagner briefly gave examples of how the CRA would invest money to help blighted areas and indicated the overall plan of developments projected within the CRA area. Member Rhodus seconded by Member West moved that the Planninq and Zoning Commission recommend to the Clty Commission that their determination is 6 Planning and Zoning Commission Regular Meeting May 9, 2006 the City of Ocoee Community Redevelopment Plan is consistent with the Ocoee Comprehensive Plan. Motion carried unanimously. MISCELLANOUS Community Development Director Wagner passed down a catalog for members to look through for the purchase of new board shirts. Members agreed they could discuss the details of their board shirts after adjournment. ADJOURNMENT The meeting adjourned at 8:18 p.m. Attest: Melanie Sibbitt, Deputy City Clerk APPROVED: James Golden, Chairman ITEM NUMBER IV. A Residential Front Yard Regulations City and Land Development Code Amendments Mayor S. Scott Vandergrift City Manager Robert Frank - _.r r, _ _ , STAFF REPORT TO: The Planning & Zoning Commission Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 FROM: Bobby Howell, Senior Planner 9R THROUGH: Russ Wagner, AICP, Community Development Director 0�1 DATE: July 28, 2006 RE: Residential Front Yard Regulations ISSUE: Should the Planning & Zoning Commission recommend approval of amendments to the Land Development Code and City Code of Ordinances relative to various residential front yard regulations affecting boats and recreational vehicles, parallel street parking in the grassed easement between sidewalks and streets, the placement of mechanical equipment on corner lots, front yard parking, the conversions of garages to living spaces, fences in front and side yards, corner lot setbacks, and open space requirements for single-family residential lots? BACKGROUND: In 2005, several members of the City Commission brought to staff's attention concerns regarding fence and front yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these problems. On August 16, 2005, staff presented a summary of findings to the City Commission for recommended action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed easement between the street and sidewalk, the placement of mechanical equipment on corner lots, front yard parking, conversions of garages to living space, and fences in front and side yards. At this meeting, the City Commission and staff determined that no revisions were needed to the Land Development Code in regards to canopy covered parking structures in front and side yards since the Land Development Code already prohibits accessory structures in front and side yards, and determined that the Code of Ordinances clearly prohibits parked vehicles from overhanging sidewalks in residential neighborhoods, enforceable by the Police Department. Since that presentation, staff has re-evaluated the sections of the Land Development Code and Code of Ordinances per the direction of the City Commission, and has drafted an ordinance which includes several other issues of concern in residential areas in addition to the issues discussed at the August 16, 2005 City Commission meeting. These include front and side yard fence requirements, corner lot building setbacks, open space requirements for single-family residential lots, and several amendments to the Code of Ordinances to ensure August 8, 2006 Planning and Zoning Commission Page 2 consistency with the proposed amendments to the Land Development Code and Code of Ordinances. DISCUSSION: Staff has drafted an ordinance proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City Commission regarding issues of concern in residential areas. A description of each proposed amendment is presented below: A. Boats, Recreational Vehicles and Campers parked in front yards Currently, Section 6-4 H (5)(b) of the Land Development Code prohibits more than one camping or travel trailer exceeding 24-feet in length from being parked or stored for more than a 48 hour period on a residential lot if it is parked beyond the front yard building line. The Code Enforcement department has received numerous complaints in regards to boats, recreational vehicles, and camping or travel trailers being parked or stored in front yards for more than a 48 hour period. To allow the Code Enforcement department more latitude in enforcement of this requirement, staff is proposing to amend this section to prohibit boats, recreational vehicles, and camping or travel trailers from parking beyond the front yard building line on a residential lot if they exceed more than 36-feet in length for more than a 48 hour period. In addition, language has been added to prohibit construction and lawn equipment trailers and vehicles from parking in the front yard or the road right-of-way. This new provision will require these trailers to be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. "Not more than one camping or travel trailer ef,_ hauling trailer, recreational vehicle; boat or camping vehicle per family living on the premises shall be permitted, and said tFailer vehicle shall not exceed NveP4, feur- (244 thirty-six (36) feet in length OF eight (9) feet 0 Mdth; and further provided that said tFa#er vehicle shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line and screened with a six (6) foot high opaque fence with gate. Any such vehicle shall not be occupied either temporarily or permanently when it is parked or stored in any residential district, except when it is located in an authorized mobile home park. Additionally, construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road right-of-way. These must be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate." Section 168-6 C of the Code of Ordinances prohibits the parking of commercial vehicles except for loading and unloading purposes on privately owned streets and road rights -of - way or any private property, which is zoned residential, including planned unit developments. Staff is proposing to amend Section 168-6 C of the Code of Ordinances to further clarify the amendments proposed to Section 6-4 H (5)(b) of the Land Development Code. Therefore, it is proposed to amend Section 168-6 C of the City Code of Ordinances to prohibit camping/travel trailers, hauling trailers, recreational vehicles, boats and camping vehicles, in addition to commercial vehicles from parking on public road rights -of -way and privately owned streets road rights -of -way, or any private property which is zoned residential, including planned unit developments. Additionally, language has been added to prohibit construction and lawn equipment trailers and vehicles from parking in the front yard or the road right-of-way, and requires these August 8, 2006 Planning and Zoning Commission Page 3 vehicles to be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. "The parking of commercial vehicles; camping/travel trailers; hauling trailers; recreational vehicles (RV); boats or camping vehicles on privately owned streets and public road rights - of -way or any private property which is zoned residential, including planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. Additionally, construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road right-of-way. These must be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with pate. For purposes of this section, a `commercial vehicle' is any truck and other vehicle having a rated capacity of over 1 % tons. B. Parallel Street Parking in -grassed landscaped area between the sidewalk and street Currently, there is no provision in the Code of Ordinances Section 168-4.A. prohibiting the parking of vehicles in the grassed landscaped area located between the sidewalk and street. Typically, utilities such as water and sewer lines are located within these easements, more often in newer developments. When utilities located in these easements need to be accessed, it causes great difficulty for workers when vehicles are parked on these easements. To remedy this problem, staff is proposing to incorporate a provision into the Code of Ordinances prohibiting the parking of vehicles in the grassed or landscaped portions of all public and private road rights -of -ways, except for specific roadways as noted in the proposed ordinance. Parkinq of vehicles shall be prohibited in grassed or landscaped portions of all public and Private roadway rights -of -way except alonq the following roadways: A.D. Mims Road, Flewelling Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive and Willow Creek Road. C. Placement of mechanical equipment on corner lots Currently, there is not a provision in the Land Development Code regarding the placement of mechanical equipment, such as air conditioning units and pool filters, for single-family dwellings located on corner lots. When mechanical equipment is installed on the street side of corner lots, it is exposed to view from the street, and negatively impacts the aesthetic appearance of the surrounding neighborhood. To remedy this problem, staff is proposing to include a provision in Section 5-4 of the Land Development Code requiring mechanical equipment to be placed within the interior side yard and not along any side of the dwelling facing the street. In addition, a provision is proposed to allow grandfathering from these requirements if mechanical equipment exists in the street side yard prior to the approval of this ordinance. The placement of mechanical, air conditioning, emergency generators, propane tanks, pool filtering equipment or similar mechanical devices for single family dwellings located on corner lots shall only be placed within the interior side yard and not along any side of the dwelling facing the street unless such equipment exists as of the date of this ordinance, in which case the provisions of this section shall not be applicable. August 8, 2006 Planning and Zoning Commission Page 4 D. Front Yard Parking The parking of vehicles in the grassed areas of front yards in residential areas is a problem that negatively impacts on the aesthetic appearance of the overall neighborhood. The Code Enforcement Department has documented numerous instances of parked vehicles taking up the entire grassed area of front yards. In order to alleviate this problem, it is proposed to amend Section 6-4 H (2) of the Land Development Code to make it consistent with Section 6-4 H (1) of the Land Development Code, which requires a hard, dustless surface for off-street parking in non-residential areas. This amendment will require vehicles parked on the front yard of a single-family residential lot to be parked on a hard surfaced driveway or parking area. "Residential driveways, parking spaces, motor courts, sidewalks, etc: Any residential sidewalk, driveway, parking spaces or other vehicle circulation area whether —of a paved surface such as asphalt, concrete or brick, o shall be set back at least two (2) feet from the side or rear property lines. " The following amendment will not change the maximum impervious area of the entire lot, but will permit the parking surface to cover up to 50% of the required front yard area. On corner lots, front yard parking areas will be prohibited from extending into the required twenty-five (25) foot visibility triangle. Additionally, all off-street parking on single-family residential lots will be required to include a concrete apron between the property line and the pavement of the roadway where the parking area directly accesses the roadway in order to preserve the grassed easement area, sidewalk, and curbing from damage. No parkinq of vehicles on a single-family residential lot shall be allowed in the front yard other than on designated hard surfaced driveways or parking areas In no case shall designated hard surfaced driveways or parking areas increase the maximum impervious area of the entire lot to greater than fifty percent (50%) and all parking areas shall be limited to no more than 50% of the required front yard area. On corner lots front yard parking shall not extend into the required twenty-five (25) foot visibility triangle All off- street parking areas shall include a concrete apron between the property line and the pavement of the roadway where said parking area directly accesses the roadway. E. Garage conversions to living space Section 6-4 G (1)(a) of the Land Development Code requires two (2) parking spaces for all single-family and duplex units. The garage may be utilized as one of the required parking spaces. When conversions of garages into living areas occur, one of the required parking spaces is removed, and in many instances front yards begin to be used as parking areas. In the newer subdivision developments, garage conversions do not appear to be a concern since these conversions are prohibited by most governing covenants and deed restrictions. Most of the conversions that occur appear to be illegal conversions that do not allow the Building Division an opportunity to inspect. The City Commission reached a consensus to allow conversions of garages to living spaces, provided that a total of two parking spaces still remain on the property. Based on this, staff is proposing to incorporate a provision into Section 5-4.1 of the Land Development Code allowing garage conversions as long as two off-street parking spaces can be provided. This provision will prohibit garage conversions if two parking spaces cannot be provided. In addition, a grandfathering provision is proposed to exempt August 8, 2006 Planning and Zoning Commission Page 5 conversions that exist as of the date of passage of the proposed ordinance. When any private garage is converted to living or storage space at least two off-street parking spaces shall be maintained on the property. If the foregoing standard cannot be met, then the conversion of a private garage to living or storage space shall be prohibited If the conversion exists as of the date of this ordinance, the provisions of this section shall not be aoolicable. F. Fences in front and side vards Section 5-4. B of the Land Development Code permits fences in front yards provided they do not exceed 4-feet in height beyond the front building line, and 6-feet on any other portion of the property. A modification is needed to limit this to structures and not landscaping. "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 or- hedge located in front of the front building line shall exceed four (4) feet in height, and no other wall or fence shall exceed six (6) feet in height." Further it states in Section 5-4 H, the following: "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 lots 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." In some instances when fences are erected on the street side of corner lots, it has been observed they extend along the length of the front yard of the adjacent corner lot when the unit orients toward the street. To remedy this problem, staff is recommending to incorporate a provision into this section of the Land Development Code allowing fences greater than four (4) feet and no more than six (6) feet in height within the side front yard of single-family dwelling units provided they are designed rear to rear, no garage or main entry doorways exit to the side front yard, and a minimum setback of fifteen (15) feet is maintained from the property line as long as the fence extends along no more than Y2 the depth of the house. Additionally, staff is proposing a grandfathering provision to allow fences not meeting these requirements that are erected prior to January 1, 2000, to be considered grandfathered as legal non -conforming structures. In cases where (1) two corner lots adioin at the end of a block. (2) where the single-family dwelling units are designed rear to rear, and (3) where 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 minimum setback of fifteen (15) feet is maintained from property line and the fence extends along no more than % the depth of the house. Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to be grandfathered as legal non -conforming structures. it is the burden of the property owner to provide documentation to the City that the existing fence meets this standard. Subiect to obtaining building permits, grandfathered fences shall be allowed to be repaired August 8, 2006 Planning and Zoning Commission Page 6 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. G. Corner lot building setbacks Currently, Section 5-4.G of the Land Development Code requires corner lots to maintain the required front yard building setback on both street frontages. Staff is proposing to amend this section of the Land Development Code to allow a reduced side street building setback to 15-feet where two corner lots adjoin at the end of a block when single-family units are designed rear to rear, and where no garage or main entry doorways exit to the side front yard on the same block for new single-family dwellings. This amendment will apply only to new single-family dwellings for which building permits have been obtained after the effective date of this ordinance. In cases where (1) two corner lots adjoin at the end of a block (2) where the single-family dwelling units are designed rear to rear, and (3) where 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 15-feet from the property line. The foregoing provision applies only to new single-family dwellings for which building permits are obtained after the effective date of this ordinance. H. Code of Ordinances Amendments In order to ensure consistency with the proposed amendment to Section 6-4 H (5)(b) of the Land Development Code, staff is proposing an amendment to Section 168-6 B. (1) (C) of the Code of Ordinances to remove properties zoned residential from the list of properties where the parking or storage of any motor vehicle is prohibited. and has been improved t4� a dweA44g.- Additionally, an amendment to Section 168-6. E of the Code of Ordinances is proposed to give the Community Development the responsibility for the enforcement of parking requirements on private property instead of the Protective Inspections Department, which has since become part of the Community Development Department. The Community Development Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. I. Open space requirements for single-family residential lots Recently, it has come to the attention of staff that the yards of several single-family residential properties located within the City have been covered with impervious materials such as stone, gravel, rock, and other impervious mulch materials. Since these materials are impervious, they may not absorb rainwater as well as a planted material. This can eventually lead to problems with drainage that can cause flooding of the lot, and can potentially cause adverse stormwater runoff to neighboring properties. In addition, there are aesthetic reasons to ensure consistency of appearance along residential avenues to maintain property values. August 8, 2006 Planning and Zoning Commission Page 7 In order to ensure that open space is preserved and the pervious area of a lot is not impacted, staff has proposed the addition of a provision to Section 5-4 of the Land Development Regulations prohibiting impervious materials such as stone, gravel, rock and other impervious mulch materials within the required 50% open space area for a single- family residential lot. This provision will also prohibit impervious materials other than those required for sidewalks; driveways or parking area aprons from being placed within public or private road rights -of -way. 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 right-of-ways. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed amendments to the Land Development Code and City Code of Ordinances. Attachments: Excerpts Chapter 168 — Code of Ordinances Excerpts Article V & VI — Land Development Code General Code E-Code: City of Ocoee, FL Page 1 of 5 118111 t " 11► - a [HISTORY: Adopted by the City Commission of the City of Ocoee as indicated in article histories. Section 168-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] GENERAL REFERENCES Boats and boating — See Ch. 48. Railroads — See Ch. 135. Streets and sidewalks — See Ch. 153. Abandoned and junk vehicles — See Ch. 165. ARTICLE I General Provisions [Adopted 7-5-1994 by Ord. No. 94-20 Editor's Note: This ordinance repealed former Article I of Chapter 168 (as amended), which was originally adopted as Ch. 21, Arts. I and ll, of the 1977 Code of Ordinances. § 168-1. Adoption of provisions. The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and as it will continue to be amended, is hereby adopted by the city, and its provisions shall control traffic within the city. § 168-1.1. Definitions. The definitions set forth in FS § 316.003, as from time to time amended, shall be applicable to this article. § 168-2. Fines. The schedule of fines delineated below for parking violations within the city is hereby adopted: A. All parking violations within the city shall be fined in the amount of $10 for each infraction so long as said fine is paid within 72 hours. B. Fines that are paid after 72 hours but prior to one week shall be in the amount of $15. C. Fines that are paid after one week of the citation being issued but less than two weeks shall be in the amount of $25. D. Fines that have not been paid within two weeks of the issuance of the citation will result in the owner of record of the vehicle that was parked illegally being notified of the citation, via the United States mail, by the County Court, in accordance with the Florida Statutes. § 168-3. Parking, stopping and standing on highway or street. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of any highway or street when it is practicable to stop, park or so leave the vehicle off such part of the highway or street, but in every event an unobstructed width of the highway or street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway or street. B. This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main traveled portion of a highway or street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position or to passenger -carrying buses temporarily parked while loading or discharging passengers, where highway or street conditions render such parking off the paved portion of the highway or street hazardous or impractical. C. Removal of vehicles. �1) Whenever any police officer finds a vehicle standing upon a highway or street in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle or require the driver or other persons in charge of the vehicle to move the same to a position off the paved or main traveled http://www.e-codes.generalcode.comisearchresults.asp?cmd=getdocTofC&index=1369_A... 6/29/2006 General Code E-Code: City of Ocoee, FL Page 2 of 5 part of the highway or street. (2) Police officers are hereby authorized to provide for the removal of any abandoned or unattended vehicle to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city, as provided in § 165-9 of the Code, or other place of safety when said abandoned vehicle is found unattended upon a bridge or any public highway, street or right-of-way in the following instances: (a) Where such vehicle constitutes an obstruction of traffic; or (b) Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours in other than designated parking areas and is within the city right-of-way, and a warning sticker has been conspicuously placed on the vehicle pursuant to § 165-6 of Chapter 165 of the City Code. § 168-3.1. Parking in fire lanes. [Added 9-2-1997 by Ord. No. 97-16] A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any highway or street designated as a fire lane and appropriately marked as such by the City Fire Chief or his designee. B. Whenever any police officer finds a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the police officer is authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in § 165-9 of the Code. [Amended 7-17-2001 by Ord. No. 2001-16] C. Whenever the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the Fire Department find a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the foregoing Fire Department officials are authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in § 165-9 of the Code. [Added 7-17-2001 by Ord. No. 2001-16] § 168-4. Parking, stopping and standing prohibited. A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection. (4) On a crosswalk. (5) Within 15 feet of a fire hydrant. (6) Within 30 feet of any stop sign located at the side of a roadway. (7) Within 30 feet of the nearest rail of a railroad crossing. (8) Within 30 feet of the driveway entrance to any fire station and on the side of a street opposite. (9) On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. (10) At any place where an official sign prohibits parking. (11) At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. (12) On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street Department is responsible for posting the appropriate no - parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no -parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. http://wvA,w. e-codes.generalcode.comisearchresults.asp?cmd=getdocTofC&index=l 3 69_A... 6/29/2006 General Code E-Code: City of Ocoee, FL Page 3 of 5 (13) On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting the appropriate no -parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no -parking sign will not be grounds to escape citation. (14) In a cul-de-sac that has a radius of less than 30 feet. (15) Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked for more than 48 hours in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 48 hours pursuant to § 165-6 of the Code, then the officer is hereby authorized to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in § 165-9 of the Code. § 168-4.1. Parking of commercial vehicles or buses on public property. A. The parking of commercial vehicles on public streets and road rights -of -way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code Editor's Note: See ch. 180, Land Development Regulations. for the city, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck or other vehicle having a rated capacity of over 1 1/2 tons. B. The parking of buses on public streets and road rights -of -way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students, both public and private. C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of any of the foregoing provisions of this section, the officer is authorized to take the following actions: (1) If the vehicle is occupied, to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. (2) If the vehicle has been parked in violation of the foregoing provisions of this section for more than 48 hours and a warning sticker has been conspicuously placed on the vehicle for at least 48 hours pursuant to § 165-6 of the Code, to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in § 165-9 of the Code. (3) If the vehicle is unoccupied or unattended and within the past 90 days the owner of such vehicle has been issued a citation, as provided in § 168-513 of this Article, for the violation of any of the foregoing provisions with respect to such vehicle and such citation has not been contested, as provided in § 168- 5C of this Article, as of the date of the new violation, to provide for the removal of the vehicle without further notice to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city as provided in § 165-9 of the Code. § 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of §§ 168-3, 168-4 and 168- 4.1. B. The Fire Department, through the officials listed in § 168-3.1C, shall also have the authority to enforce § 168-3.1 and issue citations for the violation of said § 168-3.1 C. [Added 7-17-2001 by Ord. No. 2001-16] C. Any person violating any of the provisions of §§ 168-3, § 168-3.1, 168-4 and/or 168-4.1 shall be issued the http://www.e-codes. generalcode.com/searchresults.asp?cmd=getdocTofC&index=l 3 69_A... 6/29/2006 General Code E-Code: City of Ocoee, FL Page 4 of 5 appropriate citation with the fine levied by the existing City Code. [Amended 7-17-2001 by Ord. No. 2001- 16 Editor's Note: This ordinance also redesignated former Subsections C and D as D and E, respectively. ] D. If the owner of the vehicle chooses to contest a parking citation, the owner may fill out the required form(s) at police headquarters, requesting a hearing in County Court. E. The towing of any vehicle pursuant to this Article shall subject the owner of such vehicle to towing fees reasonably necessitated by such removal and storage of the vehicle. The cost of such removal and storage shall be a lien against such vehicle. All such fees shall be paid directly to the towing service. § 168-6. Parking on private property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, Editor's Note: See ch. 180, Land Development Regulations. except that this subsection shall not apply to the following: (a) Public school property. (b) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. (c) Property which is zoned R-1, R-1-A, R-1-AA, R-1-AAA, R-2 or PUD Planned Development and has been improved with a dwelling. (2) The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles on privately owned streets and road rights -of -way or on any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck and other vehicle having a rated capacity of over 1 1/2 tons. D. The parking of buses on privately owned streets and road rights -of -way or any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or a conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. E. The Protective Inspections Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. § 168-6.1. Exceptions. Nothing contained in this Article shall prohibit the parking of vehicles of public or private utility companies on any public or private road, street or alley for the period of time required in the locating, relocating, servicing, testing or repair of equipment of such companies, nor shall the provisions herein be construed to prohibit parking of vehicles actually in use in the construction, repair or maintenance of any road, street or alley or when a commercial vehicle is engaged in a lawful construction or service operation on the site where it is parked. § 168-6.2. Load and weight limits on public roads. The City Engineer is hereby authorized to implement load and weight limit restrictions for city maintained http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1.369 A... 6/29/2006 General Code E-Code: City of Ocoee, FL Page 5 of 5 roadways and intersections upon a determination by the City Engineer, supported by an engineering or traffic study, that a city maintained roadway or intersection, by reason of its design, deterioration, rain or other climatic or material causes, may be liable to be damaged or destroyed by motor vehicles, trailers or semitrailers which exceed load and weight limits prescribed by the City Engineer. In the event that the City Engineer makes such a determination, then load and weight limitations may be imposed by the City Engineer by causing to be posted notice of such limitations at conspicuous places at the terminals of all intermediate crossroads and road junctions with the section of the city maintained roadway or intersection to which the notice applies. After any such notice has been posted, the operation of any motor vehicle contrary to such posting shall, pursuant to FS § 316.555, constitute a violation of Chapter 316, Florida Statutes. Nothing contained herein shall be construed to interfere with the right of the Florida Department of Transportation to establish detours over any such restricted city maintained roadways and intersections unless such load and weight limitation has been first approved by the Florida Department of Transportation. ARTICLE II Disposition of Infractions [Adopted 9-1-1987 as Ord. No. 1003] - § 168-7. Adoption of provisions. The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318 of the Florida Statutes, as amended and supplemented, is hereby adopted. http://www.e-codes.generalcode.comisearchresults.asp?cmd=getdocTofC&index=1369 A... 6/29/2006 ARTICLE V 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 regulations 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. Except to the extent of any express conflict with the special standards of the Special Development Plan, all development and redevelopment within the Ocoee State Road 50 Special Overlay Area shall comply with all other applicable provisions of the Ocoee Land Development Code, including but 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 ari 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. § 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: 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 of any yard, provided that street comer visibility requirements of this Code shall be met, and provided further that no fence, wall or hedge located in front of the front building line shall exceed four (4) feet in height, and no other wall or fence shall exceed six (6) 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. 180.5.12 7-21-98 9-21-99 ARTICLE V D. No dwelling shall be erected on a lot which does not abut at least one 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 comer lot, the applicable front yard setback shall apply to both street frontages. H. On any comer 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. 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. 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 (7'/) feet to the rear lot line and no closer than seven and one-half (7%) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. 180.5.13 9-21-99 ARTICLE VI each three hundred (300) square feet of floor area above the first floor, excluding all rooms used for storage. (7) Wholesale and manufacturing: One space for each of the first twenty-five (25) employees of the major shift, plus one space for each one and one-half (1 1/2) additional employees of the major shift. (8) Uses not listed above: For all uses not covered in (a) through (h) above, the Planning and Zoning Commission shall make a recommendation and the City Commission shall determine the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. H. Off -Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety. Upon a determination by the Development Review Committee up to twenty five percent (25%) of parking spaces may remain unpaved. A place of worship, or other institutional use without daily parking needs may be allowed to leave fifty percent (50%) of all parking spaces unpaved. The applicant shall supply evidence that the unpaved parking area will not cause erosion, reduce water quality, or any other degradation of the natural or built environment. Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approve a grass or mulched surface. Should the use of this lot change appreciably, however, such that a grass or mulched surface is no longer adequate, the City may require the lot to be resurfaced with a more durable material. The location of individual parking spaces shall be clearly marked. Each off-street parking space shall include one hundred eighty (180) square feet in addition to space for access drives and aisles. The minimum size of each space shall be nine (9) feet by twenty (20) feet. Aisles for two-way traffic in parking lots shall be twenty-two (22) feet in width. Aisles for one-way traffic with angle parking may be reduced to fifteen (15) feet in width. Off-street turning and maneuvering space shall be provided for each lot containing six (6) or more spaces so that no vehicle will be required to back onto or from any public street or alley. (2) Residential driveways, parking spaces, motor courts, sidewalks, etc.: Any residential sidewalk, driveway, parking space or other vehicle circulation area whether of a paved surface such as asphalt, concrete or brick, or of an unpaved surface such as gravel, mulch or dirt shall be set back at least two (2) feet from the side or rear property lines. The provisions of this Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. (3) All off-street parking spaces shall be clearly defined and maintained in a manner that parking spaces, pavement markings, turn arrows, etc., are always easily discernible. (4) Permanent reservation. The area reserved for off-street parking or loading space shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided. 180.6.17 ARTICLE VI (5) Commercial vehicles and trailers of all types, including travel, camping and hauling, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions: (a) Not more than one commercial vehicle which does not exceed one and one-half (1 1/2) ton rated capacity per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted. (b) Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed twenty-four (24) feet in length or eight (8) feet in width; and further provided that said trailer shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line. A camping or travel trailer, or camper vehicle, shall not be occupied either temporarily or permanently while it is parked or stored in any residential district, except when it is located in an authorized mobile home park. (c) Disabled vehicles or trailers of any kind or type shall not be parked or stored in any residentially zoned property for more than one month unless in a completely enclosed building or carport. § 6-5. OFF-STREET LOADING STANDARDS. A. There shall be provided on the same lot with each building or structure, other than a one - through four -family dwelling hereafter constructed, adequate space for off-street loading, unloading and the maneuvering of commercial vehicles. There shall be no loading or unloading of commercial vehicles on a public street. Off-street maneuvering space shall be provided so that no backing onto or from a public street is required. All loading and maneuvering areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety, and shall have direct access to a public street or alley. B. The number of off-street loading berths required by this section shall be considered as the absolute minimum, and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an off- street loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) feet, and fourteen (14) feet overhead clearance, with adequate means for ingress and egress. The number of off-street loading requirements shall be as follows: (1) Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment or similar use which has an aggregate gross floor area of: 180.6.18 ITEM NUMBER V. MISCELLANEOUS Project Status Report August 2006 Calendar 0 T & Z\D,hier Sheets.doc STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW SUB- PROJECT NAME PROJECT NO. TYPE OF DATE REVIEWER MITTAL STATUS SUBMITTAL RECEIVED NUMBER Arse -me wines 8 Jman bcaie Site Spirits SS-2004-028 Plan 07/10/06 CA 2nd Staff comments due 08108/06. Albertson's Shopping Center / NS Jewelry 1590 E. Silver Star Road Building Plans 0727106 CA tat Sign DENIED on 0727/Q¢. Arden Park _ _ RZ-04-08-01 Rezoning _ 04/18/66 CA 4th Staff comments seniio applicant 06/13106. Preliminary Chateau Reserve L_S-2005-017 Subdivision Plan 12/1910_5 CA 1st Staff comments sent to applicant 02/06/06. Citrus Medical and _ Executive Office Park LS-99-014 Plat 0426/06 CA tat Staff comments due on 0526106. Citrus Medical and _ Executive Office Large Scale Site Park LS-99-014 Plan 06/08/06 CA 5th Staff comments sent to applicant 07/07/06. Citrus Oaks Office Utility 8 Lift Center SS-2003-003 Station Revisions 06/30/06 CA tat Staff comments sent to applicant 07/19/06. Classic Sheet Metal Building Plans 06/13/06 RW 1st Sign APPROVED O6/14M. Final Subdivision Crestwood Heights LS-2004-016 Plan 06/15/06 CA 1911 Staff comments sent to applicant 0820106. Revision to ___ landscape, irrigation & utility Crestwood HeightsLS-2004-016 plans 0710601; CA 1st Staff comments due 0721106. Crown Point Tovmhomes AX-05-09-26 Annexation 06/14/06 CA 2nd Staff comments sent to applicant 08101106. Current Project Status2/Review 81212006 1 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW TYPE OF 'DATE SUB- PROJECT NAME PROJECT NO. REVIEWER MITTAL STATUS SUBMITTAL RECEIVED NUMBER Dinner A'Fare/ Maguire Crossings 2735 Old Winter Garden Road BullQQinp plans 08/01/06 Dobson's Woods 3 - - _ timer Scale Site Water, Inc. SS-2005-008 Plan 01/20/06 Dobson's/T-Mobile 835 Marshall Farms Road Building Plans Dr. John Zargan Small Scale Site _0.7/25106 Expansion �S5-2005-005 Plan 0222106 Dynasty Gallery 8 Collectibles at Small Scale Site West Oaks ilia9ga SS-2006-003 Plan 05/05/06 Duston 8 Ro ex _ Small Scale Site Auto Body Shop SS-2008-004 Plan 05/05/06 Large Scale Site Eagles Landing LS-04-025 Plan 12105= First Financial Automotive 11953 W. Colonial Dnve Building Plans 06_26106 Floors _ Today/Good Homes Plaza Building Plans 05/02/06 Floors Today/Good Homes Plaza Building Plans 05/02/06 Florida Hospital/Centra Care Building Plans 05/03/06 RW 1st _,Sign. CA 2nd Staff comments sent to applicant 03/07/06. CA 2nd Antenna on Existing Tower CA 4th Staff comments sent to applicant 03102106. APPROVED 05/24/06 CA 1 st Staff comments sent to applicant 06/1 206. Track with Tutor Time. CA let Staff comments sent to applicant 06/12/06. CA 3rd staff Comments sent to applicant 02101/06. RW 1st New Warehouse/Office DENIED 07/10/06. CA 2nd Sign - South Elevation APPROVED on 05/02/06. CA 2nd Sign - East Elevation APPROVED on 05/02/06. CA 3rd Ground Sign APPROVED on 05/15/06. Current Project Status2/Review 6/22006 2 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW SUB - TYPE OF DATE PROJECT NAME PROJECT NO. REVIEWER MITTAL STATUS SUBMITTAL RECEIVED NUMBER Fountains West- Comprehensive Halvorsen CPX03-01-05 Plan Amendment 05/18/O6 CA 2nd Staff comments sent to applicant 07/06/06. Gadson Annexation / AX-06-06-28 & Annexation & Rezoning RZ-06-06-03 Rezoning OS22106 CA tat Staff comments due 07/21/06. Glad Tidings Special Church 2-06-SE-008 Exception 05/15/06 CA 2nd Staff comments sent to applicant 07/05/06. Good Homes Plaza / Gators Dockside Building Plans 07/26/06 CA Grace Community Church SS-2005-009 Groundtek SS-2005-004 GTE Federal Credit Union LS-2005-002 Haynes Brothers Furniture 476 Ocoee Commerce Parkway Haynes Brothers Furniture 476 Owee Commerce Parkway Building Plans __ —_ _. - _ Health Central Hospital Building Plans _. ___... Plat -- -. Ingram Trails LS005- _2009 Plat Small Scale Site Plan & Final Certificate of Concurrency Small Scale Site Plan Preliminary Site Plan 1at Pan Roof Replacement APPROVED 0720/00. 0321/06 CA 3rd Staff comments sent to applicant 05/04/06. 0329/06 CA 3rd Staff comments sent to applicant 05/04106. 06/05/06 CA 2nd Stag comments sent to applicant 06/19/06. Building Plana 07/O5= RW 3rd Copy Change - Pole Sign APPROVED on 07/05/06. 07/03/06 CA 2nd Pole Sign / Wall Signs DENIED 07/05/06. 05/01 MIS CA 2nd Modular APPROVED on 05101/06. 0426/06 -_.. CA tat ---__.__---_. Stab'mmcoents sent to "Engmeed—_ng-on—_5/3/06_. Current Project Slatus2/Review 8=006 3 or9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW PROJECT NAME PROJECTNO. TYPE OF DATE REVIEWER .SUB-- MITTAL STATUS SUBMITTAL RECEIVED NUMBER Final Subdivision Ingram Trails LS-2005-009 Plan 01/19/06 CA _ 4th Key Isle - Phase II LS-2005-015 Final Site Plan 05/15/06 CA 2nd Kensington Manor Building Plans O6/01106 RW 1st Lanham Small Scale Site Wholesale SS-2006-001 Plan 1227/05 CA Iat Lake Bennet - _ AX-07-07-29 & Anneza0on 8 Village RZ-06-07-04 Rezoning 07/19/06 CA 1st Lake Bennett Center 1120 Kelton Ave Lakewood Estates Maguire Crossing 2743 Old Winter Garden Road Maguire Groves 280 Moore Road Maguire Groves Maguire Pointe McCormick Woods Phase 1&2 LS-2001-002 McCormick Woods LS-2005-014 McCormick Woods JENea&2 LS-2001-002 Staff comments sent to applicant 03/17/06.PRE-CON APPROVAL O5/30/06. Staff comments sent to applicant 0623106. Fence APPROVED on 06109106. Staff comments sent to applicant 02/15/06. Staff comments due 08/18/06. Building Plans 0626/06 RW 1st Electncal Site Plan Revisions APPROVED on 0627106. Final Subdivision Plan 05/03/06 CA 1st Staff comments sent to applicant 06/12106. /Building Plans 05/16/06 CA 1st T-Mobile Store Revingision to wall sign APPROVED 05/19106. Building Plans O6/O5/06 CA 2nd OVE 11,06 Inlenlor Alterohons - lmpact Fees APPROVED Building Plans 06/12/06 RW 1st 06/14/05. $Building Plans OW12/06 RW _ 2nd fence APPROVED O6/13106. Plat � 07/05/06 CA Preliminary/Final Subdivision Plan 03291O6 _ _ CA Site Trianole 1 0523/06 CA 2nd DENIED on 07/lat06.. 2nd _ _ DRC held 05/02/06. APPROVED 7/18106 tat Staff comments due 06/07/06.APPROVED 06107/06. Current Project Status2/Review 8/22006 4 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW PROJECTNAME PROJECTNO. TYPE OF SUBMITTAL DATE RECEIVED REVIEWER SUB- I MITTAL NUMBER STATUS McCormick Woods 1520 W. McCormick Woods Meadow Ridge (Hardscape) LS-2005-011 Meadow Ridge (offsite - Maguire & Moore Roads) LS-2005-011 Meadow Ridge 3050 Maguire Road Meadow Ridge (tka Westridge) LS-2005-011 M.I. Ranchito SS-2001400E 3�:ATiLd0i�3•"S�rTQr:r:: Oak Trail Reserve PUD LS-2005-012 Ocoee Oaks United Methodist Church 201 S. Clarke Road Ocoee Business Park Ocoee Business Park 547 Ocoee Business Pa wppy Ocoee Chu of the Nazarene Building Plans 06/12/06 Final Subdivision Plan 07/31/06 Final Subdivision Plan 07/14/06 Building Plans 07/071W Plat 05/17/06 Plat 0.8101/06 Small Scale Site Plan 07/14/06 Large Scale Preliminary Subdivision Plan 05/10/06 CA 2nd Subdivision Wall APPROVED on 07/10/06. CA 2nd Staff comments due 08/14/06. CA 1 at Staff comments sent to applicant 08/02106. AF 3rd Subdivision Wall. AF 1st Staff Comments due 06/17/08 DENIED O6/02106. CA 2nd Staff comments due 0828/06. CA 8th Staff comments due 07/31/06. CA Building Plans 07/25/06 CA Building Plans 07/05/06 CA 3rd Staff comments sent to applicant 06/19/06. 1st Enclose Pavilion DENIED on 08101/06. 2nd Interior Alterations/Eatedor Changes APPROVED 07/05/06. _ Building Plans 07/03/06 CA 1st Shell Building DENIED 07/07/06. Building Plans 05/18/06 CA 1st TemDorary Sian APPROVED 0526106 with conditions. Current Project Status2/Review 822006 5 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW EDP DATE .SUB- - PROJECT NAME PROJECT NO. REVIEWER MITTAL STATUS SUBMITTAL RECEIVED - NUMBER - Ocoee Church or the Nazarene Building Plans Ocoee Church of the Nazarene Building Plans Ocoee Commerce Center 646 Ocoee Commerce Parkway Building Plan! Ocoee Commons - Shoppes of Ocoee LS-2004-023 _ Field Change Olympia Plaza / 207 N. Clarke Road Building Plan! Olympia Plaza / Hollywood Video 221 N. Clarke 05/18/06 CA Iat Shed APPROVED 0526/06. O5/18106 CA 1st Fence APPROVED 052&W. 07/10/06 CA tat Leasing Sign APPROVED 07/10/06. 0724/06 CA Road Building Plans 05/05/06 Perfect Motors SS-200_ _ _CA Small Scale 07/17/06 CA _5-011 Plantation Grove, _ _ _ Phase 3, Lot 2 Field Change 06/14/06 CA t at Staff comments sent to applicant 0727/06. tat Interior alterations -Quiznos APPROVED 06114106. 2nd Revision to Site Liggr1Qowtions DENIED on 05/10/06. 2nd Staff comments due 991111 108. list Staff comments due 06/30106. APPROVED 0720/06. Prairie Lakes Tract Final Subdivision A LS-2006-001 Plan 06/O810.6 2nd Staff comments due 07110/06. Prairie Lakes Tract -- _ Final Certificate _CA_ A 203-FCC-06 of CQrlpu�erjpy 01/17/06 CA tat Staff comments due 02/13/06. Sandstone Office / SmaAA SSca a Si e Warehouse SS-2005-010 Plan 06/05/06 CA 3rd Staff comments sent to applicant 07/06/07. Setaram Office Small Scale Site Property SS-2006-005 Plan 05/10/06 CA let Staff comments sent to applicant 06/19/06. Landscaping Sherman's Gifts SS-2005-003 Plans 0727/06 CA 2nd Staff comments due 011/10/06. Current Project Status2/Review 622006 6 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW PROJECT NAME PROJECT NO. TYPE OF SUBMITTAL OF DATE RECEIVED REVIEWER SUB- MITTAL NUMBER STATUS Shoppes of Ocoee Building Plans 06/06/06 CA 1st Revisions to Shell APPROVED on 07106106. Shoppes of Ocoee 10149 W Colonial Drive Building Plans 06/12108_ RW_ _ 1st Interior Alterations- Chipo0e Mexican Grill DENIED on 06128106. Silver Star Retail Large�tcale Site Center LS-2006-003 Plan 04/10/06 CA 1st Staff comments sent to applicant 05130106. Slone Landing (ika Foote Property) Plat 07/18/06 RW Abandonment and Vacation of Starke Lake Streets & Baptist Church VAC-07-009 07/17/06 CA _ Steak n Shake _Easements Plans 07/20/06 R W Steak n Shake gBuil�dijnQg g SPill 118 Plans Scale Site OS/OS/O6 RW Steak n Shake SS--2005-007 ma Plan 0827/O6 CA Steak n Shake LS-2005-004 Plat 05_11161OB -CA SunTrust Bank _ _ 10331 W. Colonial Drive Building Plans 05/05/06 CA_ TBCOM Cell Tower 499 West Silver Star Road Building Plans 07/19/06 AF Towne Square Shopping Center 11101 West Colonial Drive United Heritage Bank Building plans 0727/08 BH Towne Square Center 11029 W. Colonial Drive Building Plans 05/05/05 CA 1 st Staff Comments due 081141W. 1st Staff comments due 08/15/06. _ 2nd Signage DENIED on 0721106. 2nd New Commercial Building APPROVED on 07Po8/08. 5th Staff comments sen �g ,y}ii �pj 1 sl Staff comments due U6h9/Ufi Ut b 2/O6. 1sl Sign Face Change APPROVED on 05/O8106. 2nd Add Cellular Equipment to Tower APPROVED on 0720/06. 3rd Interior Alterations DENIED 0S/02/Oe. 1st Interior Alteration DENIED O5116/05 Current Project Status2/Reviev, 822006 7 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW - SUB- PROJECT NAME PROJECT NO. TYPE OF DATE REVIEWER MITTAL I STATUS SUBMITTAL RECEIVED NUMBER i owne bguare Shopping Center / Insurance 1113 W. Colonial Drive_ Building Plans 07/27/06 Small Scale Site Tutor Time SS-2006-006 Plan 06/09/06 Preliminary Villa Rama LS-2004-021 Subdivision Plan 04/04/06 Village Marketplace Building Plans 04/14/0.6 Village Small Scale Site Marketplace SS-2005-012 Plan 03/13/06 Villages at Lake _ Large Scale Plan Bennet 11 LS-2005.010 j2eview 05/30/06 Wal-Mart Bale & Pallet Storage Building Plans 06/09/06 Modified sheets to Large Scale Wesmere Final Subdivision Townhomes LS-2005-0008 Plan 07/31/06 Modified Sheets Wesmere to Large Scale Propedy/Villages Final Subdivision of Wesmere LS-2005-M Plan 06/19M Wesmere Property Final Subdivision - Directional Bore LS-2005-006 Plan 07/19/06 West 50 Commercial Preliminary / Subdivision LS-2006-005 Final Subdivision 05/04/06 CA 1st Sign APPROVED 07/27106. CA let ;Staff comments sent to applicant 07118106. CA tat Staff comments sent to applicant 06M5/06. CA tat Exterior Renovations DENIED on 0427/06. CA 2ntl ,Staff comments sent to 04114/06. CA 2ND Staff comments sent to applicant 07/07/06. RW 1st Bale/Pallet Storage APPROVED on 06/09/06. CA 2ntl Staff comments due 08/14/06. CA 2nd Staff comments due 08/14/06. CA 1at Staff comments due 07/31106. CA tat Staff comments sent to applicant 07/05/06. Current Project Status2/Review, 822006 8 of 9 STATUS OF LAND DEVELOPMENT PROJECTS CURRENTLY UNDER REVIEW SUB. TYPE OF DATE PROJECTNAME PROJECTNO. REVIEWER MITTAL STATUS SUBMITTAL RECEIVED NUMBER West Oaks Square 9446 W. Colonial Drive Building Plans 06/22/00 RW tat Wall Sign -Fit after 50 APPROVED on 06123/06. West Orange Modifications & Restoration of Retention Pond DENIED on Industrial Park Building Plans 05/01/06 CA 1st 05/03/06. West Orange Large Scale Plan Investments LS-2005-016 Review 04/07/06 CA 2nd Staff comica l8 sent to applicant on 05/13/06. West Orange Orthopedics Small Scale Site Medical Office SS-2D05-013 Plan 07/31/06 CA 2nd Staff comments due 08/30/06. West RV B Boat - ------ Preliminary - - -- - - -- - Storage LS-2005-013 Final Site Plan 03/07/06 CA 2nd Staff comments sent to applicant 04120/06. Trip General 8 West RV 8 Boat Distnbuhon Storage LS-2005-013 _-- -- Report - 06/26/06 - CA 2nd - Staff comments sent to applicant 7/17106. - _ - - West Utilities - - --- Drainage and Easement VAC-D6-008 Vacation 04/17/06 CA 1st Staff comments sent to applicant 05118106. Westyn Bay Final Subdivision Phases 4 8 5 Plan 01/18/06 CA 5th Staff comments sent to applicant 03/22106. Westyn Bay Phase 3 07/10/06 CA tat _ Stag comments due 0724/O6.APPROVED 07B1A76. Whispering Pines Preliminary Subdivision LS-04-014 Subdivision Plan 03Y23/06 CA 4ih Staff comments sent to applicant 05/02/06. Whispering Pines _ Subdivision LS-2003-005 Pedestrian Gates 05/04/05 CA 3rd Staff comments sent to applicant 05102106. Current Project Status2/Review 8/2/2006 9 of 9 13 20 Mon Tue I le Cummiti iun Chambers 8 7:00 p.m. 7 7:00 p.m. Ocnce School Planning & Ad%isory Board Zoning @ Commission @ Commission Chambers Chambers STAFF REPORTS AGENDAITEMS DUE TO C.M. _ DUE TO CLERK 14 115 7:30 p.m. 7:I5 p.m. Parks& ( munii*sion My,. Recreation @Commission Advisory Board Chambers Conference Room_ _ 21 22 7:00 p.m. 7:00 p.m. Budget Workshop Code Enforcement @ Commission @ Commission Chambers Chambers 28 29 _ Wed Thu _ 2 3 7:00 p.m. 7:00 p.m. Community Merit Human Relations/ Award Review Diversity Board @ Commission @ Conference Room Chambers 9 10 7:00 p.m. CACOFD @ Far Station One 8/15/06 AGENDA PUBLISHED 16 17 4 5 11 12 18 19 23 ' 24 7:00 p.m. 25 Budget Workshop @ Commission Chambers 7:00 p.m. CACOPD n, Fire Station One 30 31 STAFF REPORTS AGENDA ITEMS 915/06 AGENDA DUE TO C.M. DUE TO CLERK PUBLISHED 26