HomeMy WebLinkAboutItem #13 LDC Amend. Illegal Non-Conforming Sites & Structures Ord.
AGENDA ITEM COVER SHEET
Meeting Date: June 6, 2006
Item # _)'3
Contact Name:
Contact Number:
Terry L. James
407 -905-3100/1018
Reviewed By:
Department Director:
City Manager:
Subject: Land Development Code Amendment
lllegal Non-Conforming Sites and Structures Ordinance
Background Summary:
Currently, there are no Land Development Code (LDC) provisions requiring properties or structures to be brought
back into compliance with the City 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 eventual 6-lane widening of SR SO/Colonial Drive. Properties along
this roadway were originally required to fulfill the City's requirements concerning landscaping, buffers/setbacks,
signage and parking. In many instances, these requirements reflected the enhanced standards that were adopted for
the State Road 50 Activity Center. After the proposed right-of-way takings, many of these properties and/or
structures will no longer meet the Land Development Code requirements, This amendment would make the
properties or structures illegal and non-conforming, and outline a process to bring these properties back in
compliance with the LDC. This new subsection will apply to all properties within the City not just those along SR
SO/Colonial Drive.
Issue:
Should the Mayor and City Commissioners adopt an amendment to the Land Development Code adding subsection
4-11, requiring property owners to bring illegal and non-conforming sites and structures into compliance with the
Code when real property is conveyed or transferred to a governmental or quasi-governmental entity?
Recommendation:
Based on the analysis in the report text and the recommendation of the Planning & Zoning Commission, Staff
recommends that the Mayor and City Commissioners adopt the ordinance amending the Land Development Code
by adding subsection 4-11, requiring property owners to bring illegal and non-conforming sites and structures into
compliance with the Code when real property is conveyed or transferred to a governmental or quasi-governmental
entity.
Attachments:
Ordinance 2006-XX: Illegal Non-Conforming Sites and Structures
Financial Impact:
Type of Item: (please mark with an ax')
X Public Hearing
-----x- Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
_ Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
City Manae:er
Robert Frank
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel Keller. District 4
Mayor
S. Scott Vandere:rift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Terry L James, Principal Planner
DATE:
May 10, 2005
RE:
Land Development Code Amendment
Illegal Non-Conforming Sites and Structures Ordinance
ISSUE:
Should the Mayor and City Commissioners adopt an ordinance amending the Land Development Code by
adding subsection 4-11, requiring property owners to bring illegal and non-conforming sites and structures into
compliance with the Code when real property is conveyed or transferred to a governmental or quasi-
governmental entity?
BACKGROUND:
Currently, there are no Land Development Code (LDC) provisions requiring properties or structures to be
brought back into compliance with the City 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 eventual 6-lane widening of SR SO/Colonial Drive. Properties
along this roadway were originally required to fulfill the City's requirements concerning landscaping,
buffers/setbacks, signage and parking. In many instances, these requirements reflected the enhanced standards
that were adopted for the State Road 50 Activity Center. After the proposed right-of-way takings, many of
these properties and/or structures will no longer meet the Land Development Code requirements. This
amendment would make the properties or structures illegal and non-conforming, and outline a process to bring
these properties back in compliance with the LDC. This new subsection will apply to all properties within the
City not just those along SR SO/Colonial Drive.
DISCUSSION:
Property owners that have a conveyance or transfer on their property, such as a taking discussed above, will be
required to bring the remaining property into substantial compliance with the Land Development Code. The
new subsection provides for the following:
1
. Within 90 days from the date of conveyance or transfer, the property owner must hold a pre-application
conference to discuss the actions needed to bring the remaining portion of the property or 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 that was in place prior to
the conveyance or transfer.
. The City will review the amended plans or proposed development or annexation agreement amendments
under the current code requirements. The City may require a specific timeline for completion of the site
improvements and may require additional development agreements. If additional development
agreements are needed, these must be approved by the City Commission.
. The applicant may apply for waivers from the LDC if the new requirements place an "unreasonable
burden on the property owner". The City may consider the following factors in granting the requested
waiver:
o Physical constraints based on the size, shape, and usable area of the remain portion of the
property;
o Safety concerns that would be created by the strict adherence to the LDC; and
o Factors and circumstances that would preclude the continued use of the property in the same
manner prior to the conveyance or transfer.
. The Community Development Director (CDD) may grant waivers; however, any waiver requires a
development agreement or an amendment to an existing development/annexation agreement will require
City Commission approval. Any decision by the CDD on waivers may be appealed to the City
Commission.
. Applicants will be responsible for all review cost with flat fees/review deposits waived. The applicant
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.
PLANNING & ZONING COMMISSION RECOMMENDATION:
On May 9,2006 the Planning & Zoning Commission (P&Z) met to consider the LDC Amendment. After the
Staff presentation, the Commissioners discussed several aspects of the ordinance:
· The ordinance would not be retroactive, but would go into effect upon adoption by the City
Commission.
· The ordinance would only apply to conveyance or transfer to a governmental or quasi-governmental
entity, and would not apply to a property owner selling portions of a property to a buyer that was not a
governmental or quasi-governmental entity. Setbacks, landscaping and parking under these conditions
would be covered under other provisions in the current LDC.
In addition, Staff explained some of the history concerning the enhanced development requirements within the
State Road 50 Activity Center, and the eventual application of these provisions to all commercial development
in Ocoee. Staff reported that in the initial planning stages, the FDOT indicated that the widening of SR 50
would include a beautification project; however, when the final plans were completed the beautification portion.
2
of the project was eliminated. The purpose of this amendment is to give the City leverage to salvage much of
enhanced beautification standards when properties are adversely affected by transfers or conveyances such as in
the FDOT "taking" along SR 50. These provisions would apply citywide.
The Chairman opened the public hearing. The only person to speak at the public hearing was Bill Fagan,
representing Ocoee Commons. He expressed concern that the issuance of a "non-conforming" use
determination by the City would cause problems with financing since lending institutions may "call" the
outstanding loans after learning that the property's status as "non-conforming". Paul Rosenthal, the City
Attorney, indicated that normally contracts and loans have the appropriate provisions to insure that this scenario
would be unlikely.
The Planning & Zoning Commission then recommended that the Mayor and City Commissioners adopt the
ordinance adding subsection 4-11, requiring property owners to bring illegal and non-conforming sites and
structures into compliance with the Code when real property is conveyed or transferred to a governmental or
quasi -governmental entity.
RECOMMENDATION:
Based on the analysis above and the recommendation of the Planning & Zoning Commission, Staff
recommends that the Mayor and City Commissioners adopt the ordinance amending the Land Development
Code by adding subsection 4-11, requiring property owners to bring illegal and non-conforming sites and
structures into compliance with the Code when real property is conveyed or transferred to a governmental or
quasi -governmental entity.
Attachments:
Ordinance 2006-XX: Illegal Non-Conforming Sites and Structures
3
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ILLEGAL NON-CONFORMING SITES
AND STRUCTURES; ADDING A NEW SECTION 4-11 TO
THE OCOEE LAND DEVELOPMENT CODE, CHAPTER
180 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE, FLORIDA; REQUIRING OWNERS TO BRING
ILLEGAL NON-CONFORMING SITES AND
STRUCTURES INTO COMPLIANCE WITH THE LAND
DEVELOPMENT CODE, PREVIOUSLY APPROVED
SUBDIVISION AND/OR SITE PLANS AND PREVIOUSLY
APPROVED DEVELOPMENT AND/OR ANNEXATION
AGREEMENTS; REQUIRING PRE-APPLICATION
CONFERENCES; REQUIRING REVISED SUBDIVISION
AND/OR SITE PLANS; REQUIRING AMENDMENTS TO
DEVELOPMENT AND/OR ANNEXATION AGREEMENTS;
PROVIDING A PROCEDURE FOR WAIVERS;
PROVIDING FOR FEES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority. The City Commission of the City of Ocoee
has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes.
SECTION 2.
New Section 4-11. A new Section 4-11 of Article IV of
Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as
follows:
~ 4-11 Illegal Non-Conforming Sites and Structures
A. Intent.
The intent of this Section is to ensure that property within the City remains in conformity with
the Land Development Code after a conveyance or transfer of any part of such property (whether
ORLA308844.1
by fee title or an easement interest) to a governmental or quasi-governmental entity places it in
non-compliance with the Land Development Code and/or its approved subdivision and/or site
planes), and/or developer or annexation agreements with the City.
B. Taking or Convevance of Property Making Property Non-Conforming.
1. Notwithstanding any provision of Section 5-10 of this Land Development Code to
the contrary, whenever any interest in real property is conveyed or transferred
(whether by a fee title conveyance or by the granting of an easement interest) to a
governmental or quasi-governmental entity, by final judgment in a condemnation
action, deed under threat of condemnation, voluntary conveyance, easement
(whether voluntary or under threat of condemnation) or otherwise (collectively, a
"Conveyance"), and the Conveyance places the remaining portion of property in
non-conformity with the Land Development Code and/or its approved subdivision
and/or site planes) and/or any developer or annexation agreements with the City,
then such remaining portion of the property and the improvements located thereon
shall thereafter be an illegal non-conforming site and/or structure.
2. Within ninety (90) days from the date of the Conveyance, the owner of the
remaining portion of the Property must hold a pre-application conference with the
Director of Community Development, or his designee, to discuss the actions
necessary to bring the remaining portion of the Property into compliance with the
Land Development Code and/or the property's approved subdivision and/or site
planes) and/or developer or annexation agreements with the City. Within one
hundred eighty (180) days from the date of the Conveyance, the owner of the
remaining portion of the property must submit to the City revised subdivision
and/or site planes) and/or proposed amendments to any developer or annexation
agreement with the City, such submittal accounting for the Conveyance, and
which brings the remaining property into compliance with all requirements of the
Land Development Code, including but not limited to, any applicable landscape
buffers, landscaping requirements, signage requirements and parking
requirements. The foregoing shall be submitted to the City along with an
application for an amendment to the subdivision and/or site planes) for the
property and/or, if applicable, an amendment to any developer or annexation
agreements affecting the property. Following submittal of such application, the
owner must continue in good faith with the processing of the application and the
resubmitted subdivision and/or site planes) and/or amendments to any developer
or annexation agreements and respond to City Staff comments within 30 days of
receipt thereof.
3. Following approval by the City of the resubmitted subdivision and/or site planes)
and/or amended developer or annexation agreements, the owner must proceed in
good faith to bring the real property and the improvements located thereon into
compliance with any such revised subdivision and/or site planes) and/or amended
developer or annexation agreements. The City may require a specific timeline for
completion of the site improvements required by any such revised subdivision
and/or site planes) and/or amended developer or annexation agreements.
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ORLA_ 408844.1
4. The property owner may, at its option, hold the above referenced pre-application
conference and submit such application and revised subdivision and/or site planes)
and/or proposed amendments to any developer or annexation agreements prior to
the Conveyance.
5. The City may, at its option, require a development agreement in connection with
the approval of any such revised subdivision and/or site planes) and/or require an
amendment to any existing developer or annexation agreements. Any new
agreements or amendments to an existing developer or annexation agreement
must be approved by the City Commission and be executed by the Mayor and
City Clerk.
6. All review procedures and requirements for subdivision and site plans and
annexation and development agreements contained elsewhere in the Land
Development Code will apply to revised subdivision and/or site planes) submitted
and to the amended developer or annexation agreements pursuant to this Section,
except that no public hearings will be required.
C. Waivers.
1. If, because of the Conveyance, bringing the remaining portion of the property into
conformity with the Land Development Code and/or the approved subdivision
and/or site planes) and/or any developer or annexation agreements would place an
unreasonable burden on the property owner, then the property owner may seek
applicable waivers from the Land Development Code as part of the resubmitted
subdivision and/or site planes) and/or proposed amendment to the developer or
annexation agreement. In determining whether bringing a particular parcel of
property into conformity with the Land Development Code and/or the approved
subdivision and/or site planes) and/or the approved developer or annexation
agreements would place an unreasonable burden on the property owner, then the
City may consider the following factors:
a. Physical constraints imposed based on the size, shape, or usable area of
the remaining portion of the property and existing structures located
thereon.
b. Safety concerns that would be created by strict adherence to the Land
Development Code.
c. Factors and circumstances which would preclude the continued use of the
remaining portion of the property with the uses actually occurring on the
property immediately prior to the Conveyance.
2. In connection with approval of any such revised subdivision and/or site plans(s)
that are not otherwise required to go before the City Commission for approval, the
Director of Community Development may grant waivers from the provisions of
the Land Development Code upon finding that an unreasonable burden would
otherwise be placed on the property owner; provided, however, that any waiver
3
ORLA_ 408844.1
requiring a developer agreement or amending an existing developer or annexation
agreement will require approval by the City Commission. Any denial of a waiver
request by the Director of Community Development may be appealed to the City
Commission within thirty (30) days from the date if the denial of any such waiver
request.
D. Fees.
1. The property owner submitting such application and revised subdivision and/or
site planes) and/or proposed amendment to the developer or annexation agreement
shall be responsible for all Review Costs (as same are defined in Section 1-12 of
the Land Development Code) associated with the submittal of the application and
the revised subdivision and/or site planes) and/or proposed amendment to the
developer or annexation agreement and review thereof by the City. The normal
Flat Fees for applications shall be waived by the City.
2. No Review Deposits shall be required in connection with any applications
required by this Section.
3. The property owner may elect to defer the payment of any Review Costs until
receipt of any compensation received from a governmental or quasi-governmental
entity in connection with any Conveyance.
E. Enforcement.
The City may enforce violations of this Section by way of Code Enforcement Board action,
revoking any certificates of occupancy related to the property, and/or all other remedies available
in law or equity. Prior to enforcing a violation of this Section, the City shall provide written
notice of such violation to the property owner and a 3D-day period to cure such violation.
SECTION 3.
Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4.
Codification. It is the intention of the City Commission of
the City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
4
ORLA_ 408844,1
in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 5.
Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2006.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2006
READ FIRST TIME ,2006
READ SECOND TIME AND ADOPTED
,-
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this _ day of , 2006.
FOLEY & LARDNER LLP
By:
City Attorney
5
ORLA 408844,1
J. f i') ~l_
U\:', 'f:1v
Copy of Public Hearing Advertisement
Date Published
G'Y
S. dS- ~G9
---rh l{r S .
("' .
') C ~\ 11 '" c I
( III ~ S l~' ~ (I
cnY OF OCOEE
NOTICE OF PUBLIC
. HEARING
FORAN
. .AMENOMENT,JOM
. !AND OEVEUIPMENTCOOE
IOTJCE'IS ltEREBY GIVEN, pursu-
lnt.' . to 'Subsection
'66,041 (S)(c)1., Florida
lJ~tu:,s200~'!Zhd ~gll~~~g~~:
JUNE 20, 20il6:0t1:15 P,M" or as
soon thereafter as'proctical,
the CITY OF OCOEE CITY'COMMIS-
SION Will hold 'PUBlIC.HEAR.
INGS Of .tf\.ELCity~ 61.~Ocoee
Commission Chambers, '150
North Lakeshore Orive,
Ocoee, Florida, to adopt the
following Ordinanc.e:'
ORDINANCE NO, 2006.XJ{
AN ORDINANCE OF THEtlTY OF
DCOEE. FLORIDA. RELATING TO IL.
LEGAL NON.CONFORMING SITES
AND STRUCTURES; ADDING A
NEW SECTION 4.11 TO THE OCOEE
LAND DEVELOPMENT CODE, CHAp.
TER 180 OUHE. CODE OF ORDI.
NANCES OF THE CITY. OF OCDEE:
FLORIDA; REQUIRING OWNERS TO
BRING ILLEGAL NON-CONfORMING
sins AND STRUtTURES INTQ.
COMPUANCE WITH THE LAND DE-
VELOPMENT CODE, PREVIOUSLY
APPROVED SUBDIVISION AND/OR
SITE PLANS AND PREVIOUSLY AP.
PROVED DEVELOPMENT AND/OR
ANNEXATION AGREEMENTS; RE.
QUIRING' PRE-APPLICATION CON.
FERENCES; REQUIRING REVISED
SUBDIVISION AND/OR SITE PLANS;
REQUIRING AMENDMENTS TO DE.
VELOPMENTANO/OR ANNEXATION
AGREEMENTS; PROVIDING A PRO.
CEDURE FOR WAIVERS; PROVIDING
fOR FEES; PROVIOING FOR EN.
FORCEMENT; PROVIDING fOR SEV-
ERABIUTY; PROVIDING FOR COOl.
FlCATlON; PROVIDING. AN
EFfECTIVE DATE,
J
I nterested parties may cp-
pear at the public hearing
and be heard with respect to
the proposed actions,
The complete case file may
be inspected at the Ocoee
CommunitY Development
~~~ar~~~~~p~~nrA~\l~~t~
Lakeshore . Drive, Ocoee,
Florida between the hours
')f 8:00 a,m, and S:OO P,m"
Monday through Friday, ex-
cept legal holidays,
The City Commission may
continue the plIblic hearings
to other dates and times, as
it deems necessarY;.Anv in.
terested"party sllall 'be ad.
~~sJ~,g~~~f g~~e~;,~~fn~~:
tico of, these or continued
J>u4Ii",hearinQs, .A"",contin-,
vdnc5 .sholl beOnllOunced
during these>Ilearlngs'ond
no further Dotkes regarding
th~se ,maltersowill be pub-
lished; ",;_
YOll are 'a[Nj~d that any
,person Who desiresla 'OP-,
i peal 'any .deC1sion.madeal
the PUblic hearings win
need 0 ~econl at Ihe pro.
ceedings..ond for Ihis Pllr.
pose may 'need' .to ensllre
that .'0 verbotim record at
the proceedings is made
which incllldes the testimo-
ny and evidencellPon which
the appeal is based,
Persons with disabilities
needing assistance to partic-
ipate in any of these 'Pro-
ceedings shollld contact the
City Clerk's Office 48 hours
in advance ot the meeting at
407-90S-31 OS,
Beth Eikenberry,
City Clerk
OLS6793642 MA Y 2S, 2006
JUNE 8, 2006