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HomeMy WebLinkAboutItem #05 Change in Article I, Chapter 153, Emergency Access to Gated Communities Including Existing Gated CommunitiesOcoee florldo AGENDA ITEM COVER SHEET Meeting Date Item # July 21, 2015 IT Contact Name: William Wagner Contact Number: (407) 905 -3160 x3319 Reviewed By: Department Director: Charl City Manager: Rob Frank Subject: Change in Article I, Chapter 153, emergency access to gated comni i'nities including existing gated communities Background Summary: Generally, the City of Ocoee uses the provisions in the Orange County Code relating to requirements for gated communities. Among the Orange County Code requirements is the requirement that entryway gates to gated communities be equipped with an audio (siren) override device to allow emergency access to the subdivision by fire /rescue, sheriff, and other emergency personnel.' Staff has evaluated this process and determined that, with regard to gated communities located in the City, a different emergency vehicle access system is required to be compatible with the City's system so as to allow the City's emergency vehicles to access gated communities during times of emergency. Article I, Chapter 153 of the City Code regulates right -of -way utilization permitting. Under the draft ordinance, this Article would be amended to provide a new code provision to require entryway gates be equipped with an emergency vehicle access system that is established by resolution of the City Commission and inspected and approved by the City's Fire Chief. Under the proposed revisions, the gates in a gated community may only be closed after such inspection and approval is given. Because emergency access is a serious public safety issue, in the event a system subsequently requires an update or repair, the ordinance prohibits the gates from being closed until the system is updated or repaired and approved. Existing access systems serving existing gated communities must be updated. At the first reading of this ordinance, the City Commission requested that staff provide a resolution describing the technology that will be required of all communities, providing a compliance time period for existing gated communities (within one year or at the time the community updates its system), and providing budget options in the event the City Commission votes to provide funding assistance for existing gated communities to come into compliance. This resolution is provided with the back up. Issues: Should the Honorable Mayor and City Commissioners approve an ordinance amending Article I, Chapter 153, relating to right -of -way utilization, to specify requirements for emergency access to gated subdivisions or gated communities in the City? 1 See subsection 34- 290(e), Orange County Code of Ordinances Should the Honorable Mayor and City Commissioners approve a resolution describing the technology gated communities must use, establishing a time of compliance options for existing gated communities (within one year or at the time the community updates its system), and establishing a budget obligation in the event the City Commission votes to provide funding assistance to existing gated communities? Recommendations Staff respectfully recommends that the Honorable Mayor and City Commissioners (i) approve an Ordinance providing for amendments to the City Code, as described above, and (ii) approve a Resolution establishing technology for use by all communities, time of compliance for existing gated communities, and City contribution, if any (including a cap), to bring existing communities into compliance. Attachments: Ordinance Resolution Financial Impact: If the City Commission votes to fund existing communities' compliance with the program, the estimated cost will be $34,000.00 in the next budget year. Type of Item: (please mark with an 'Y) X Public Hearing For Clerk's Dent. Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing X Resolution _ Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by () 2 N/A N/A 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 ESTABLISHING 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 Fire Chiefshall, 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 ATTEST: Beth Eikenberry, City Clerk (SEAL) 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. la City Attorney day of , 20 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED , 20_ UNDER AGENDA ITEM NO. EXHIBIT "A" Section 153 -1 of the City of Ocoee Code, is strikethroughs showing deletions and underlines Section 153 -5.7 is hereby added to read as follows: Section 153 -1. Purpose and Intent. hereby amended as follows with showing new language, and a new 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 Safetv. Section 153 -5.7. Emergency 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) Administration; delegation. The City of Ocoee Fire Chief shall be the administrative official for the provisions of this section. Whenever a provision appears requiring the Fire Chief to do some act or perform some duty, it is to be construed to authorize the Fire Chief or designee to perform the required act or duty. (c) Emergency vehicle access. 1. Unless otherwise provided herein, entryway gates, or other restricted access gates, allowing restricted access from the public right -of -way to a gated subdivision or gated community, shall, before such gates may be closed, be equipped with an emergency vehicle access system the technology of which shall be designated by resolution of the City Commission. Until such time as a gated community's emergency vehicle access system has been inspected, approved, and deemed compliant with the provisions of this ordinance by the Fire Chief, the gate shall remain open. 2. In all cases, after initial approval is obtained from the Fire Chief, said emergency vehicle access system may be inspected, from time to time, but will be inspected no less than annually, to ensure that the emergency vehicle access system is acceptable and in good working condition. 3. Notwithstanding anything herein to the contrary, the City may require, by resolution, 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 City's public safety personnel. In the event the existing emergency vehicle access system must be updated, modified, repaired, or replaced, such change shall be made within the time specified in the resolution. If necessary for the public health, safety, and welfare, the Fire Chief may require such gates to remain in an open position until such time as the changes are fully effectuated and approved by the Fire Chief. 4. Any request for an exemption to this section shall be placed in writing and delivered to the Fire Chief. The decision of the Fire Chief shall be in writing and shall be final, provided, however, that any such decision by the Fire Chief may be appealed within 30 days to the Minimum Standard Code Appeals Board, established at section 108 -13 of the City of Ocoee Code of Ordinances. (d) Emergency vehicle access for existing gated communities. Gated communities existing within the City limits as of the effective date of this ordinance, shall comply with the provisions of subparagraph (c), above, in the time frame designated by resolution of the City Commission. Following installation of the new technology, a community emergency vehicle access system must be inspected, approved, and deemed compliant with the provisions of this ordinance by the Fire Chief. (e) Emergency vehicle access for gated communities subsequently annexed into the City. Gated communities annexed into the City after the effective date of this ordinance shall comply with the provisions of subparagraph (c), above, prior to the effective date of the annexation ordinance. RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING AN EMERGENCY VEHICLE ACCESS SYSTEM FOR GATED SUBDIVISIONS; ESTABLISHING A TIME FRAME FOR EXISTING GATED SUBDIVISIONS TO BECOME COMPLIANT WITH THE ACCESS TECHNOLOGY DESCRIBED HEREIN; ESTABLISHING A LEVEL OF FUNDING ASSISTANCE FOR EXISTING GATED SUBDIVISIONS TO COMPLY WITH THE ACCESS TECHNOLOGY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article I, Chapter 153, of the Code of Ordinances of the City of Ocoee (hereafter "City Code "), relates to the use of the right of way; and WHEREAS, the City Commission of the City of Ocoee (hereafter "Commission ") has considered and adopted, in a duly notice public hearing, amendments to Article I, Chapter 153, pertaining to emergency access to gated subdivisions, including creating a new Section 153 -5.7 in the City Code; and WHEREAS, the amendments creating Section 153 -5.7 of the City Code require gated subdivisions to install and maintain in an operational status uniform technology for accessing said gated subdivisions by the City for emergency access and in the interest of the public health, safety, and welfare; and WHEREAS, the amendments to Section 153 -5.7 of the City Code further require the Commission to adopt a Resolution establishing technology and compliance time frames for emergency access to gated subdivisions existing within the City limits as of the effective date of this Resolution; and WHEREAS, the Commission finds that compliance with the technology described herein by all gated subdivisions existing within the City limits as of the effective date of this Resolution is a concern of the City's public safety personnel and its citizens; and WHEREAS, the Commission desires to establish a level of funding assistance for gated subdivisions existing on the date of adoption of this Resolution to become compliant with said technology. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Selection of Access System. The City Commission hereby adopts and approves as the required emergency vehicle access system for all gated subdivisions or gated communities located within the City limits to be the Click to Enter access system and the Knox Box key access system for all gates (hereafter "System ") SECTION 3. Existing Gated Subdivisions. Gated subdivisions existing within the City limits as of the effective date of this Resolution, shall comply with the provisions of Section 153 -5.7 of the City Code in the following time period: Within one year from the date of adoption of this Resolution. Any request for an exemption shall be placed in writing and delivered to the Fire Chief. •' Until such time as the current system is replaced, is damaged by any cause or means, or is destroyed. In cases where the current system is damaged and the damages exceed fifty percent (50 %) of the cost of replacement of the system, the current system shall not be repaired but shall be replaced in compliance with the System described in this Resolution. In all cases, following installation of the new technology, the System must be inspected, approved, and deemed compliant with the provisions of Section 153 -5.7 of the City Code, and this Resolution, by the Fire Marshall. SECTION 4. Funding. Gated subdivisions existing within the City limits as of the effective date of this Resolution, shall comply with the provisions of Section 153- 5.7 of the City Code, and this Resolution in the time period provided herein. The Commission may consider it to be in the best interest of the City to provide funding assistance for the benefit of gated subdivisions existing within the City limits as of the effective date of this Resolution, solely for the purpose of achieving compliance with this Resolution, in the amount stated as follows: 0% reimbursement by the City for purchase and installation of the System •; (insert a figure in percentage or dollars) reimbursement by the City for purchase of device and installation of the System System •R •o 100% reimbursement by the City for purchase of the device only 100% reimbursement by the City for purchase of device and installation of the In all cases, funding by the City will be done on a reimbursement basis, upon receipt of the requisite paperwork by the City from the President or Treasurer of the Homeowner's Association for the gated subdivision seeking reimbursement and shall be capped at $ SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) 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. City Attorney day of , 20 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO.