The URL can be used to link to this page

Home My WebLink AboutItem #08 Second Reading of Ordinance for Amendment to Article 1, Chapter 153 of the City of Ocoee Code, Relating to Access Provisions to Gated Communities Florida AGENDA ITEM COVER SHEET Meeting Date: February 17, 2015 Item # - Reviewed By.'� -F Contact Name: Lt. William Wagner D epartment Director: Chief Ch . le : Contact Number: 407 - 905 -3160 ext. City Manager: Robe r Subject: Amendment to Article 1, Chapter 153 of the City of Ocoee Code, relating to access provisions to gated communities. Background Summary: The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective response to emergencies and calls for service in gated communities. This ordinance change is proposed to ensure that new subdivisions and those with existing emergency vehicle access system shall have those systems updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the police department or fire department for gated subdivision entry. Issue: Should the Honorable Mayor and Board of City Commissions adopt the proposed changes to Chapter 153 of the Code of Ordinances providing for Access Provisions to Gated Subdivision? With approval, the Honorable Mayor and Board of City Commissions shall select the appropriate amount of time for existing subdivisions to come into compliance. Recommendations It is the recommendation of staff that the Honorable Mayor and Board of City Commissioners adopt the changes to Chapter 153 of the Code of Ordinances. Attachments: Ordinance 153 with proposed changes. Financial Impact: None Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE I, CHAPTER 153 OF THE CITY OF OCOEE CODE, RELATING TO REQUIREMENTS FOR EMERGENCY ACCESS TO GATED COMMUNITIES INCLUDING EXISTING GATED COMMUNITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to amend Article I, Chapter 153 of the City of Ocoee Code, to establish requirements for emergency vehicle access to gated communities including existing gated communities. NOW, THEREFORE, 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. Article I, Chapter 153. Article I, Chapter 153, relating to streets and sidewalks, right of way utilization permitting, is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 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 , 20_ APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 20 READ FIRST TIME , 20 READ SECOND TIME AND ADOPTED , 20 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20_ SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney EXHIBIT "A" Section 153 -1 of the City of Ocoee Code, is hereby amended as follows with strikethroughs showing deletions and underlines showing new language, and a new Section 153 -5.7 is hereby added to read as follows: Section 153 -1. Purpose and Intent. The purpose of this Article is to provide standards and procedures for permitting the use of public streets, rights -of -way and easements in order to achieve the following: A. Preserve the function of each public road, street, highway, right -of -way and easement. B. Provide for smooth, logical traffic flow patterns. C. Reduce traffic conflicts and confusion. D. Allow for the application of safe geometric design principles. E. Provide for bicycle and pedestrian safety. F. Provide for future modification and expansion. G. Provide for environmental compatibility. H. Provide for adequate utility service. I. Provide for Public Safety. Section 153 -5.7. Access provisions for gated subdivision. (a) A gated subdivision or gated community is defined to mean a residential subdivision in which the subdivision infrastructure may be located on privately controlled easements or tracts, and not public rights -of -way. (b) Emergency vehicle access. Entryway gates allowing restricted access from the public right -of -way to a gated subdivision or gated community, or other restricted access gates, shall, before such gates may be closed, be equipped with an emergency vehicle access system inspected and approved by the city - polices -chief manager or designee. After initial approval is obtained from the city - police ch;ef manager or designee, said emergency vehicle access system may be inspected, from time to time, to ensure that said gates and emergency vehicle access systems are acceptable and in good working condition. Notwithstanding anything herein to the contrary, the police chief city manager or desiqnee may require an existing emergency vehicle access system to be updated, modified, or replaced in order to remain operational following changes in technology, policy, or equipment used by the police department. In the event the policc chicf city manager or designee requests in writing that an existing emergency vehicle access system be updated, modified, or replaced, such change shall be made within the time specified in a written request, which will not be less than 365 days. If necessary for the health, safety, and welfare, the police chief city manager or designee may require such gates to remain in an open position until such time as the changes are fully effectuated and approved by the City. (c) Existing gated communities. Gated communities existing as of the effective date of this ordinance, or which are annexed into the city subsequent to the effective date of this ordinance, shall comply with the provisions of subparagraph (b), above, within 1 365 days of the effective date of this ordinance or, if subsequently annexed, prior to the adoption date of the ordinance annexing the subdivision into the city. Until such time as a gated community is approved and deemed in full compliance with the provisions of this ordinance, the gated community shall be required to leave the gate remaining open during daylight hours unless the gate is physically and continuously manned by security personnel designated by the Homeowner's Association for the gated community during said daylight hours. COPY OF ADVERTISEMENT Date Published and Media Name Orlando Sentinel •L Advertisement or Article ub c Hearing Notices CITY OF OCOEE - PUBLIC HEARING A Public Hearing before the Ocoee City Februar Commission 17 2015, will at be held 7:15 p.m. or 0s soon thereafter as may be heard, In the Commission Chambers of City Hall Florida, at North o consider the following coee, AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE I, CHAPTER 153 OF THE RELATING TO REQUIREMENTS FOR EMERGENCY ACCESS TO GATED COMMUNITIES INCLUDING EXISTING GATED COMMUNITIES; PROVIDING FOR SEVERABILITY; P PROVIDN FOR AN EFFECTIVE D If a person decides to appeal any decision made by the above City Commission with respect to any matter need a record of the proceedings, and to for ensurecthpurpose t a verbatim record of the proceedings Is made, which record upon d which the appeal is to be based. evidence All Interested parties are invited to attend and be heard with respect to the obove. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an Interpreter to Participate in this proceeding should contact the City Clerk's office at 407- 905 -3105 at least two days prior to the date of hearing. Beth Eikenberry City Clerk OR G1011777 2/012015 •