VII(K) Consideration Of Variance Application, Case No 02VR-2000:Gage, 451 Roper Parkway,Parcel ID#19-22-28-0000-00-045 Agenda 8-15-2000
Item VII K .
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee
S.SCOTT VANDERGRIFT
o \ CITY OF OCOEE
Orr. p COMMISSIONERS
. 'r '• � DANNY HOWELL
C- a 150 N.LAKESHORE DRIVE SCOTT ANDERS L
. p.
c4.
,. v OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
`nyj. `=% (407)905-3100 NANCY J.PARKER
E,p N>
CIF GOP
CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: THE HONORABLE BOARD OF CITY COMMISIQNERS /
FROM: JULIAN HARPER,ZONING COORDINATOR v/
THROUGH: MARTIN VELIE,BUILDING AND ZONING OFFICIAL h
DATE: AUGUST 7,2000
SUBJECT: VARIANCE APPLICATION,-CASE NO. 02VR-2000: GAGE
451 ROPER PARKWAY,PARCEL ID #: 19-22-28-0000-00-045
ISSUE:
Should the Honorable Board of City Commissioners approve the Applicant's two variance
requests: 1. To allow unpaved mobile storage on the subject property; and 2. To allow the
portion of said property which lies within a purported (Noted: Applicant's verbiage) flood zone
to be used as unpaved mobile storage (see attached Exhibits #1 and#2 "Site Location Maps" and
Exhibits#3 "Legal Description of Subject Property")?
BACKGROUND DISCUSSION:
The Applicant requests two variances from the City of Ocoee Land Development Code (L.D.C.)
for the subject 4.8 acre property, as follows. Please keep in mind, however, that the City
Attorney has advised Staff that should either one or both of these variance.requests be granted,
that a"right"would thereby be created for the applicant, whereby Staff would be prohibited from
revisiting the issue again during the site plan review process.
1. VARIANCE REQUEST#1:
To allow outdoor storage of mobile vehicles in an "I-2, Heavy Industrial District" without
providing the "Off-street Parking Lot Requirements" specified in the L.D.C. Article VI, Section
6-4 (H), pages 18130-18131, attached as Exhibit #4, namely, provide no paving of the storage
area or grounds.
STAFF COMMENTS:
If this request is granted, it will mean that soil erosion will be encouraged and that the site's very
fine particle dark soil will be broken loose from the sod and become aerosaulted whenever wind
blows. Parking will not be regularly arranged so that public safety will be diminished and over
time, may well assume the cluttered appearance of an undesirable eyesore such as a"junk yard".
Pa1N iS
Prated Ocoi&'s-VIalarResources t '3
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
CITY OF OCOEE
O fir' •\� COMMISSIONERS
'1► DANNY HOWELL
a 150 N.LAKESHORE DRIVE SCOTT ANDERSON
n. �. OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
eyj E J `/���� (407)905-3100 NANCY J.PARKER
OP GOV
CITY MANAGER
ELLIS SHAPIRO
2. VARIANCE REQUEST #2:
To allow utilization of that portion of the subject property situated within the Federal Emergency
Management Agency (F.E.M.A.) "100-year Flood Plain", as identified by map panels #0210 and
0220 (per F.E.M.A June 6,2000 maps and notification letter), to be utilized for the purposed
outdoor storage and support facilities, (see attached Exhibit#1 and#5).
STAFF COMMENTS:
Approximately one-third of the subject property has been identified by F.E.M.A. as being
situated within the "100-year Flood Plain". The Comprehensive Plan and L.D.C. (see attached
Exhibit #6, Article VII, part I of the L.D.C., "Natural Resource Management") have given the
Director of Planning the authority to review all permit applications that propose to encroach into
a "Natural Resource Management" or " Environmentally Sensitive Lands" which by definition
#(3)(a) page 18177 of the L.D.C. (attached) is defined as being "located within the 100-year
Flood Plain". By the expressed intent of this article such uses are to be prohibited which would
allow the "introduction of incompatible land uses in close proximity to a "Natural Resource
Management Area". Per page 18181 of this article Section 7-4(A) states that "the purpose of
these standards is to protect and properly manage...resource management areas...in an
undisturbed natural condition".
Section 7-4 (B)(1) states that "no excavation or other disturbance shall be permitted in a flood
way...where disturbance is permitted, new wetlands shall be created at a minimum rate of two
(2) times the area of wetland destroyed". Pursuant to the submission of the present variance
application, a site visit was made to ascertain the sites existing conditions. It was discovered that
a substantial portion of the subject property's wetlands and 100 year flood plain have been filled
in since 1988 and additional fill dirt placed onsite since Lot 1 of Ocoee Industrial Park
Subdivision was created in 1993-94 and cut out of the parent or remainder tract presently under
consideration. A thorough review of the City's records reveals that no permit has been issued to
carry-out this work. In fact a review of the 1993-94 development review file accompanying
Ocoee Industrial Park reveals the staff and the developer had agreed to abandon such plans.
RECOMMENDATION:
Staff recommends denial of the Applicant's request to allow outdoor storage of vehicles on an
unpaved surface and denial of any land use activity within the F.E.M.A. 100-year Flood Plain.
Further, it is recommended that a Staff investigation be made to ascertain the amount of
unpermitted fill placement within the 100-year Flood Plain.
The granting of the requested variances would have "the effect of nullifying the intent and
purpose of these regulations" (see attached L.D.C. Article IV, Section 4-9, "Variances", pages
Pow
Protect Ococs's Wat r RESOUTces
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
CITY OF OCOEE
pry. • `p COMMISSIONERS
a 150 N.LAKESHORE DRIVE DANNY HOWELL
SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
``..cv (407)905-3100 NANCY J.PARKER
Op GOO
CITY MANAGER
ELLIS SHAPIRO
18093-18094). Furthermore, such variance shall not be granted by the City unless and until "the
following have been demonstrated",which none have:
1. "Special conditions and circumstances exist which are peculiar to the land involved and
which are not applicable to other lands";
2. "That a literal interpretation of the provisions of these regulations would deprive the
Applicant of rights commonly enjoyed by other properties with similar conditions";
3. "That the special conditions and circumstances do not result from the actions of the
Applicant";
4. "That the granting of the variance requested will not confer on the Applicant any special
privilege that is denied by these regulations to other lands...under similar conditions".
BOARD OF ADJUSTMENT MINUTES
Please see the attached Board of Adjustment minutes from their July 27, 2000 meeting. In
summary, they voted unanimously, 4-0, to recommend to the Honorable Board of City
Commissioners to:
1. Require the applicant to pave only the circulation aisles and driveway of the subject property.
2. Based upon Attorney Cookson's advice, did not take a vote regarding the expressed flood
plain issues but they expressed the "sense of the board" that such issues were only properly
addressed as Comprehensive Plan and Land Development Code amendments.
PrDtcct Oceee's Water Rsscurces
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LEGAL DESCRIPTION OF THE .REMAINDER OF 'THE PARENT TRACT : .
A PORTION OF THE N .W . 1/4 OF .SECTION 19 , ' TOWNSHIP 22 SOUTH ,
RANGE 28 EAST , ORANGE COUNTY , FLORIDA , BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE. N .W . CORNER OF SAID SECTION 19 ; THENCE RUN
S . 0 29 ' 47 E . ALONG THE WEST LINE OF THE N .W . 1/4 OF SAID
SECTION 19 , FOR 1281 .05 FEET TO THE POINT OF BEGINNING ;
THENCE RUN N . °19 53 ' 14 " E . 508 .47 FEET ; *• THENCE RUN N .°89
10 ' 10" E . 402 .00 FEET; THENCE RUN S .°O 32 ' 31 " E . 427 .94
FEET ; THENCE RUN N_.°86 52 ' 49" E . 30.58. FEET ; THENCE RUN
S . °0 29 ' 47" E . 60 .00 FEET; THENCE RUN S .°86 52 ' 44"-tJ .
280 .23 FEET';'. THENCE RUN S .°88 41 ' 46" W . 330 .08 FEET TO
THE WEST LINE OF N .W . 1/4 OF SAID SECTION 19; THENCE RUN
N .°0 29 ' 47" W . 25 .05 FEET TO THE POINT OF BEGINNING .
LESS AND EXCEPT: •
LOT 1 , OCOEE INDUSTRIAL PARK PHASE I , ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 33 AT PAGE 7 OF THE PUBLIC
RECORDS OF ORANGE COUNTY , FLORIDA . .
CONTAINING 4 .866 ACRES MORE OR LESS .
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To 5':t-1,c. v�.[ 2 r- .(1-.. c:.,V.-ram. c./1. . .t.... A...: c S�"74,1 e.l Z.% ..
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ARTICLE VI
(g) Garage: One space for each employee on the largest shift,
plus
sgthree a feet
(3)
spaces for each service area or for each three
hunof repair or maintenance space, whichever is the greater.
(h) Commercial establishments not otherwise classified: One space for each
ace for
two hundred hundred(200) quare(300)(eet of first floor gross area, plus one square feet of floor area above the first
each threefloor,
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 or
use of the parking lot may make it desirable, the DRC may
pprove a grass
however, such
mulched surface. Should appreciably,use of this lot change app Y,
that a grass or mulched surface is no longer adequate, the City may-require the lot
to be resurfaced iwith 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 spar.P for amass drives and Aisles
The minimum size of each space shall be nine (9) feet by twenty ( ) fee
t.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 cou s,sidewalks,
dewalcircula is,etc area whether.:Any rofesidential
a
sidewalk, driveway, parking space or other vehicle
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) f et from the side
e o divers r rear
property lines. The provisions of this Code shall also apply
y prohibit
n
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
18130 � Q ��
Adopted July 21, 1992 G-
GfJSEtiO o z�.C�-z�v
•
EX/9 air 70
ARTICLE VI
which it serves is discontinued or modified, except where equivalent parking or
loading space is provided.
(5) ••mmercial vehicles and trailers of all types,including travel, camping and haulin•,
an. obile homes shall not be parked or stored on any lot occupied by a dw: ing
or on -ny lot in any residential district except in accordance with the - owing
provisio :
• (a) Not •ore than one commercial vehicle which does n• exceed one and
• one- - 1 1/2) ton rated capacity per family livin• •n the premises shall
be perm' and in no case shall a commerci- vehicle used for hauling
explosives, •-soline or liquefied petroleum • oducts be permitted.
(b) Not more than o - camping or tray: trailer or hauling trailer per family
living on the premis- shall be pe itted, and said trailer shall not exceed
twenty-four (24) feet len. - or eight (8) feet in width; and further
provided that said trailer •.- not be parked or stored for more than forty-
eight (48) hours unless '• is scated behind the front yard building line. A
' camping or travel t - er, or c. per vehicle, shall not be occupied either
temporarily or •- manently whil- it is parked or stored in any residential
district, exc-, when it is located i an authorized mobile home park.
(c) Disa• -• vehicles or trailers of any kin• or type more shall not be n one month unleked ss
s • ed in any residentially zoned property
n 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, .ther than a one-
through four-family dwelling hereafter constructed, adequate space for o=-street loading,
unloading and the maneuvering of commercial vehicles. There shall be •• loading or
unloading of commercial vehicles on a public street. Off-street maneuvering •-ce shall
be provided so that no backing onto or from a public street is required. All Ioa,ing and
maneuvering areas shall be surfaced with a hard, dustless material, shall be p •erly
drained and shall be designed with regard to pedestrian safety,and shall have direct ac -ss
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:
Adopted July 21, 1992 18131
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ARTICLE VII
PART
NATURAL RESOURCE MANAGEMENT
§ 7-1 GENERAL PROVISIONS
A. Authority, Purpose, and Intent
(1) This Article is adopted pursuant to Article 163,o Ocoee, with Statutes,
andificreference to the
pursuant to the
adopted Comprehensive Plan of the City
Conservation Element.
(2) The purposes of this Article shall be:
(a) To protect areas designated in the adopted Comprehensive Plan as being
environmentally sensitive through the establishment of appropriate land use
and development regulations;
(b) To protect significant wildlife habitat and prevent the further net loss of
areas essential for the well-being and survival of native and endangered
wildlife species;
(c) To protect wellfields through the establishment of appropriate land use and
development regulations and standards; and
(d) To protect historical and archeological resources through appropriate land
use and development controls.
(3) It is intended that this Article be considered to present minimum s standards
nd we and be
interpreted strictly to ensure protection of the public health,
f
the inhabitants of the City of Ocoee. It is further intended, however,that this Article
shall not be applied so strictly as to deny the reasonable and beneficial use of land
by property owners within the community.
B. Administration(1) The principal authority /�
for the administration of this Article shall be delegated to the
Director of Planning.
(2) The Director of Planning shall have the following duties and responsibilities:
(a) To review all permit applications for land development and land alteration
activity within the City of Ocoee and to determine whether such activity Is
located within a Natural Resource Management Area or will have an
•
adverse impact on such an area;
(b) To review applications for site plan review and/or subdivision plans and
make recommendations to the City Commission as to the consistency of
such applications with the provisions of this Article and on any conditions
or modifications which may be required to ensure compliance with this
Article;
Adopted July 21, 1992 18175
/ (s
l// ///,‘j ./6. ARTICLE VII
(c) Introduction of incompatible land uses in close proximity to a Natural
Resource Management Area, such that the activities associated with the 1�
adjoining land uses would threaten the natural operation of the Natural
Resource Management Area or such that normal activities necessary in the
management of the Natural Resource Management Area"would be
considered a nuisance to the adjoining land uses; OR
(d) Operation of activities and/or handling of hazardous materials in such a
way as to increase the potential for pollution of aquifers supplying potable
water; OR
(e) Introduction of incompatible.land uses and/or structures or disturbance of
historically significant structures in such a way as to reduce the cultural,
historical, aesthetic, and/or educational value of such structures or of
archeological sites.
The nature and extent of what constitutes an "adverse impact" Is a function of the
nature and extent of the Natural Resource Management Area in question.Generally,
all development activities located within five hundred (500) feet of a Natural
Resource Management Area shall be reviewed to determine if they create an
adverse Impact.
(3) Environmentally Sensitive Lands: Lands located within the corporate boundaries
of the City of Ocoee which are characterized by one or more of the following:
(a) _ Located within the one-hundred year flood plain ofa stream, river, lake, or
depression, and including the boundary or shoreline area associated with
such floodplain. For the purposes of this Code, the one-hundred year
flood plain area shall be as shown on the Flood Insurance Rate Map issued
under the National Flood Insurance Program administered by the Federal
Emergency Management Agency, and boundary or shoreline areas shall
be those areas located within fifty (50) feet of the one-hundred year flood
plain.
(b) Located within a wetland (connected or isolated) and including wetland
fringe areas which are essential for maintaining the hydro-period of the
wetland. For the purposes of this Code, wetlands shall be as established
by the Florida Department of Environmental Regulation and/or the Orange
County Planning Department, whichever established area is more
extensive, and fringe areas shall be all areas within fifty (50) feet of
designated wetlands, unless a specific fringe area is established by either
the Department of Environmental Regulation or the City of Ocoee Planning
Department.
(c) Located within a wetland or upland habitat for a species listed as either
'threatened" or "endangered" by the Florida Game and Freshwater Fish
Commission (FGFWFC). For the purposes of this Code, the location of
habitat areas shall be established by the FGFWFC based on an area-wide
study or studies of individual sites.
(d) Located within a known or suspected archaeological site which is eligible
for listing on the National Register of Historic Places. For the purposes of
this Code, a site will be considered eligible if it is listed on the National
Register of Historic Places or if it is included on the Master Site File
maintained by the Bureau of Historic Preservation, Florida Secretary of
State.
Adopted July 21, 1992
18177 2 0 f -
•
.Exhia/7-# ARTICLE VII
(c) To review and Inspect land development activities to ensure compliance
with the conditions of approval and/or the provisions of this Article;
(d) To review necessary data to identify the boundaries of Natural Resource
Management Areas; and
(e) To coordinate with appropriate agencies in meeting the requirements of
this Article.
•
(3) In performing any of his duties,the Director of Planning may request the assistance
of other governmental agencies, including, but not limited to, the Florida
Department of Environmental Regulation, the Florida Game and Freshwater Fish
Commission,the Florida Department of Natural Resources,and the St.Johns River
Water Management District.
(4) Any decision of the. Director of Planning may be appealed to the Board of
Adjustment as provided in this Code. Matters subject to appeal include, but are
not necessarily limited to interpretations of the meaning of provisions of this Article.
Decisions in matters which are subject to the jurisdiction of the City Commission
may not be appealed to the Board of Adjustment.
C. Enforcement
This Article shall be enforced as is provided in Article III of this Code.
§ 7-2 DEFINITIONS
•
A. Incorporation by Reference
(1) Unless clearly indicated by the context or unless specifically defined 1be ow, al Il!
l
words and terms used in this Article shall have the meaning given
"Definitions'.
(2) Where appropriate to the context, words and terms defined in the Comprehensive
Plan shall have the same definitions herein.
B. Specific Definitions
(1) Administrator or Director of Planning: The official designated by the City Manager
as the official responsible for the administration of the Land Development Code.
P
(2) Adverse!must Any
impact which would be counter to the purpose and intent or
to the specific provisions of this Article. For the purposes of this Article, the
following are examples of adverse impacts:
(a) An si nificant reduction in the ual' of surface water reachin a wetland
a body of water (other than a body-of water specifically created to treat
runoff), including increases in suspended sediments, pesticide residues,or
other pollutants which would affect the ability of the wetland or other water
body to continue to function in its natural state; OR
(b) Any significant increase or reduction in the quantity of surface water
reaching a wetland or other body of water, such that the increase or
reduction would affect the ability of native plant and/or animal species to
continue to thrive; OR
3effiC
Adopted July 21, 1992 18176
15!, 1,1/7-# T ARTICLE VII
(4) Where the City Commission determines that one or more restrictions would have
the effect of depriving the property owner of the reasonable, beneficial use of his
land, the Commission may consider alternative restrictions, provided that any
variation from the standards herein constitute the minimum variation necessary to
prevent confiscation of the property.
(5) The City Commission shall set, and shall periodically review, fees necessary to
cover the cost of the administration of the permit issuance procedures under.this
Article.
§ 7-4 STANDARDS FOR MANAGEMENT OF NATURAL RESOURCES
A. Generally /r
(1) The purpose of these standards is to protect and properly manage the use of 4,
certain important natural resources for the overall benefit of the public. l oward mat
end, these standards shall be considered the minimum standards necessary to
provide for adequate protection and management of natural resources. Where the
• specific facts indicate the need for greater protection, and the type of action being
considered is legislative,the City Commission shall consider the need for additional
conditions and/or may require a higher standard.
(2) Development proposed on or near resource management areas shall be designed
so as to maximize the ability of the resource management area to function in an
undisturbed natural condition.The following general standards shall be applied to
all resource management areas:
(a) Uses and activities within resource management areas shall be limited to
those uses and activities which by their nature must be located within
these areas, or which are compatible with the need for resource
• management and protection. Uses and activities on other lands which
might create an adverse impact on resource management areas shall be
designed so as to reduce or eliminate such impacts. The City Commission
may require the rearrangement of uses or activities, including density, on
a site plan or the rearrangement of lots within a subdivision in order to
minimize the impact of such uses on resource management areas.
(b) Use of Planned Unit Development design and permitting procedures is
encouraged for development located within or near resource management
areas. The City Commission may require use of this technique if it finds
such use necessary to ensure adequate protection of these areas.
(3) Where a site is affected by more than one resource (such
as a welily, with thefield ocatedm in
a wetland), the appropriate standards shall applyc
restrictive standard applying in the case of a conflict. Where meeting one standard
would have the effect of violating another, the City Commission shall determine
how the standards shall apply.
B. Wetlands
(1) No excavation or filling shall be undertaken within a wetland unless the City
Commission finds, on the basis of reasonable evidence,that there are no practical
alternatives to the filling. Examples of situations where such activities may be
permitted include the need to provide access to property,to provide utilities, and
to create a building site on an approved lot. Where any such disturbance of a
wetland is permitted, it shall be the minimum disturbance necessary to meet the
Adopted July 21, 1992 18181 V 0 ?CS
L//#/1i7 ,6'
ARTICLE VII
or other disturbance shall be rmitted in a
needs of the use. N• excavation floc iy_ . Except where specifically permitted by the City Commission, no native
wetland vegetation shall be disturbed. �/
(2) Where disturbance is permitted, new wetland areas shall beWreuate eand areas snim m
rate of two (2) times the area of wetlands destroyed.
be
in the.viciniity of the areas destroyed and, at maturity, shall be functionally related
(in terms of elevation, hydrology, and vegetation) to the remaining wetlands in the
area. Where the City Commission finds that it is impractical to create such
replacement wetlands, it may make alternative mitigation requirements.
cFDER
(3) buffer area shall ae Such buffer shall be in Its natural te asminimum ngof seventy-five (75) feet
jurisdictional) wetlands.
in width except where the City Commission finds that it is impractical to maintain
that width. Buffer areas shall not be disturbed except to provide for surface water
management areas.
(4) Modifications to wetlands shall ensure that predevelopment water flow (rate and
quantity) is maintained to preserve wetland viability.
(5) Wetlands management shall conform to standards included in the Comprehensive
Plan (specifically including Conservation Element Policies 2.3 and 4.2).
C. Critical Habitats
rotect
to
(1) Habitats for threatened or endangeredh 'es funictioninl be g of the species.reThis
the
viability of the habitat to support
shall be done by preserving the habitat itself from change, including reduction in
size, destruction of major features or vegetation withino the habitat, chiong anes land
in
surface water flow patterns, and/or introduction of puthets
. Indevelopment and land uses in areas near the habitat shall be restricted as needed
to prevent adverse impacts. Where development in or near a critical
uire mitigationbhabitat
will
substantially reduce its viability, the City Commission may q
Mitigation may include such actions as restoration of contiguous or disturbed areas
(either on-site or off-site) to a condition which provides satisfactory habitat, or
relocation of the species to appropriate non-contiguous areas dedicated for
permanent use as habitat areas. Mitigation shall be subject to the approval by the
Florida Game and Freshwater Fish Commission. The following specific standards
shall be applied to protect habitat areas:
(a) Where specific management and recovery strategies for key listed species
have been developed by the Florida Game and Freshwater Fish
Commission and/or the United States Fish and Wildlife Service,any activity
within an environmentally sensitive area shall conform to the strategy.
(b) Exotic nuisance vegetation within environmentallyensitiv a areas e areas n
d
within nearby areas which may affect environmentally
be removed and replaced with
h along plant
specie .keS Native vegetation shall
be preserved and/or provided
(c) Examples of upland native plant communities, both within and near the
habitat area, shall be preserved.
(d) Where new planting or landscaping areas are provided in or near habitats,
xeriscape landscaping utilizing native plant species shall be used.
18182 •
Adopted July 21, 1992 _ _ _
OCOEE FIRE DEPARTMENT
125 N BLUFORD AVE
OCOEE, FL 34761
RON STROSNIDER BUSINESS 407-656-7796
FIRE CHIEF FAX 407-656-1222
MEMORANDUM
TO: Julian Harper
FROM: Butch Stanley
DATE: July 20,2000
RE: Variance Application for 451 Roper Parkway
The following would be areas of concern that the Fire Department has:
1. Surface in which fire apparatus must travel on. It must be some type of stabilized
surface to support the weight of the fire apparatus in all types of weather.
2. Accessibility to enter the storage area( gate with locks, motorized gates, etc. ).
•
Copy of Public Hearing Advertisement
Date Published
-• F-2 The Orlando Sentinel, Wednesday, July 19, 2000 •
Advertisement
NOTICE OF PUBLIC HEARING
.REGARDING REQUEST FOR
VARIANCE AFFECTING PAR-
CEL DESCRIBED BELOW
CASE NO.02VR-2000:GAGE
NOTICE IS HEREBY GIVEN,
that the Board of Adjustment of
the City of Ocoee has sched-
uled a Public Hearing for Thurs-
day,July 27,2000,at 7:30 p.m.,
or as soon thereafter as possi-
ble,in order to consider the pe-
tition of M. Mark and John C.
Gage,for a variance according
to the provisions ofggArticle IV,
Section 3-
118094 of the City page
f a Ocoee Land
Development Code. ACTION
REQUESTED,the Applicant is
requesting variances to(1)allow
the utilization of the•subject
property without providing
paved parking for the proposed
outdoor vehicle storage area,
and(2)allow those portions of
the subject property found with-
in the FEMA 100-year floodplain
to be utilized for outdoor vehicu-
lar storage.
The Ocoee City Commission will
hold a Public Hearing to consid-
er and take-action upon the
Board of Adjustment recom-
mendation on Tuesday,August
15, 2000, at 7:15 p.m. or as
soon thereafter as possible.
Both meetings will be held in
the Commission Chambers at
City Hall, 150 N. Lakeshore
Drive,Ocoee,Florida 34761.
The address of the subject
property is 451 Roper Parkway.
The Orange County'Property
Tax I.D.No.of the subject prop-
erty is 19-22-28-0000-00-045.
This notice is given pursuant to
Chapter IV,Section 4-9(B),page •
18094 of the City Land Develop-
ment Code. Interested parties
may appear at the cited meet-
ings and be heard with respect
to the proposed variance. A
copy of the Applicant's petition
and the City of Ocoee Staff Re-
port may be examined in the
Building Department'at City
Hall,.150 N. Lakeshore Drive,
Ocoee,Florida 34761,between
the hours of 8:00 a.m.and 5:00
p.m.,Monday through Friday or
phone Julian Harper, Zoning
Coordinator at (407) 656-2322
extension 9-1013 for further de-
tails.
The Ocoee Board of Adjustment
or Ocoee City Commission may
continue the public hearings to
other dates'and times as they
deem necessary.Any interested
party shall be advised that the
dates,limes,and places of any
• continuation of these or contin-
ued public hearings shall be an-
nounced during the hearing and testimonyand evidence upon
that no further notices regarding p
these matters will be published. which the appeal is based.Per-
sons with disabilities needing
You are advised that any person assistance to participate in any
who desires to appeal any deci- of these proceedings should
sion made at the public hear- Contact the City Clerk's Office
ings will need a record of the 48 hours in advance of 'the
proceedings and for'this pur- meeting at(407)905-3105. •
pose may need to ensure that a Jean Grafton,Cittyy
verbatim record of the proceed- Jn, i Clerk00k
ings is made which includes the COR3420440 JULYY 19,2000
R'1
MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD THURSDAY, JULY 27, 2000
CALL TO ORDER
Chairman Resnik called the meeting to order at 7:30 p.m., and led the Pledge of
Allegiance to the Flag. Member Colburn led the invocation. Mr. Resnik called the roll
and declared a quorum to be present.
PRESENT: Chairman Resnik, Member Almodovar, Colburn, and Alternate Member
Cox. Also present were Zoning Coordinator Harper, Assistant City Attorney Cookson,
and Administrative Secretary Maxwell.
ABSENT: Vice-Chairman Jensen (resigned),Savino (unexcused), and Tice (unexcused).
APPROVAL OF MINUTES
Member Almadvor, seconded by Alternate Member Cox, moved to approve the Minutes
of the February 17, 2000, Board of Adjustment meeting as presented. Motion carried
4-0.
NEW BUSINESS
VARIANCE - CASE No. 02VR-2000 - GAGE
Zoning Coordinator Harper began the presentation of the staff report by reading into
the record the issue: "Should the Honorable Board of Adjustment recommend to the
Honorable Mayor and Board of City Commissioners that the subject variance application
be approved enabling the applicant to proceed with unpaved mobile storage and to allow
a portion of the property which lies within a purported flood zone to be used as unpaved
mobile storage.
Mr. Harper gave a brief history of the case. Staff recommends denial of the Applicant's
request to allow outdoor storage of vehicles on an unpaved surface and denial of any land
use activity within the F.E.MA. 100-year Flood Plain. The granting of the requested
variances would have "the effect of nullifying the intent and purpose of these
regulations". Furthermore, such variance shall not be granted by the City unless and until
"the following have been demonstrated", which none have:
1. "Special conditions and circumstances exist which are peculiar to the land involved
and which are not applicable to other lands".
2. "That a literal interpretation of the provisions of these regulations would deprive the
Applicant of rights commonly enjoyed by other properties with similar conditions".
3. "That the special conditions and circumstances do not result from the actions of the
Applicant".
Board of Adjustment Regular Meetingy.
Thursday, July 27,2000 "r 4. "That the granting of the variance requested will not confer on the Applicant any
special privilege that is denied by these regulations to other lands...under similar
conditions".
Butch Stanley, City of Ocoee Fire Inspector, stated two areas of concern.
1. Gated access could hinder response time.
2. Unpaved areas would be soggy and emergency vehicles would have to stay on paved
roads due to the safety of crew and vehicles.
Mr. Harper stated the Planning Department asked him to read two comments on behalf
of their department.
1. The Planning Department does not support this application based upon upgraded
commercial industrial regulations, which should be applicable to this site, to the site
plan review process like any other project in the area before granting any variance.
2. Planning Department feels the applicant can't circumvent requirements of Ocoee's
Comprehensive Plan, which precludes development of any kind in the 100-year Flood
Plain.
Mr. C. Randall Freeman, Attorney, representing the Respondent, Mr. Gage, (A Better
Mobile Storage, Inc.) addressed the concerns of the City of Ocoee. Mr. Freeman stated
the subject property is located in the industrial park and it fronts the new 429
Expressway. The intent is to place a dry storage facility on the property. The City of
Ocoee as well as many homeowners associations has a number of rules regarding parking
recreational vehicles on residential properties. This creates a problem for residents
throughout the city, leaving the residents with no place to park their recreational vehicles.
Mr. Freeman further stated there are several storage facilities within the City that are
filled past capacity with no apparent controls on what is stored and the condition of the
items stored. The respondents propose a first class operation. There will be rules and
regulations for the proposed storage facility (proposed rules and regulations were passed
out to board members). Mr. Freeman presented diagrams of the proposed storage
facility and said there will be no environmental dangers to the property. Mr. Freeman
further stated the demand and the monthly storage fee for this type of facility will keep
out junk vehicles. Mr. Freeman requested from the Board of Adjustment Members, a
positive recommendation to the City Commission for approval of the Variances.
Mr. Freeman stated this property was purchased under a 1987 Flood Plain Map, which
showed this property was not in a Flood Plain. He has not seen a Flood Map that even
shows the proposed Expressway (429). He further stated this property is no lower than
and in most cases is higher than any existing property surrounding my clients' property.
2
Board of Adjustment Regular Meeting
Thursday, July 27,2000
The second special condition is the surrounding neighbors are fruitfully enjoying their
property. My client is not able to use his property unless it is paved, according to the
City. The third special condition is that the special condition and circumstances do result
in the actions of the applicant. The applicant did not create a problem with the land; the
land is in the same condition as when purchased. The fourth special condition will not
give the applicant any special privilege that is denied by these regulations to other
landowners under similar circumstances.
Attorney Cookson advised the board members they were not here to approve a site plan
or approve the use for a mobile storage facility. He stated the Board deals with Variances
from the City Code and makes recommendations to approve or disapprove Variances
from the conditions of the code. Mr. Cookson stated Variance No. 1 request is for
parking and Variance No. 2 request deals with development within the Flood Plain. Mr.
Cookson advised the Board of Adjustment Members that Variance Request No. 2 is not a
Variance issue; it is a Comprehensive Plan issue, which is an issue outside the authority
of the Board of Adjustment. Discussion ensued.
Chairman Resnik, seconded by Member Colburn, moved to recommend to the City
Commission to approve Variance No. 1. subject property being developed with the
parking spaces in grass condition and all drive areas being paved to meet Code
requirements. Motion carried 4-0.
Variance - Case No. 02VR-2000—Strosnider
Zoning Coordinator Harper began the presentation to the staff report by reading into
the record the issue: "Should the Honorable Board of Adjustment recommend to the
Honorable Mayor and Board of City Commissioners that the subject Variance application
be approved enabling the applicant to proceed with the construction of an accessory
structure in the side yard of his home, namely an in ground pool.
Mr. Harper gave a brief history of the case. The staff recommends an interpretation that
considers the following: the unique characteristic of the lot in question and to save the
protected sycamore trees.
Applicant, Ronnie Strosnider, stated that he would like to install an in ground
swimming pool with no screen enclosure. The applicant further stated that he has 2 large
trees in his back yard that he does not want to cut down so he would like to install the
pool in the side yard. The pool will be fenced in, which his yard is already fenced in but
he is putting up new fence after the pool is installed. Discussion ensued.
3
• �•
‘4117,:p,
Board of Adjustment Regular Meeting
Thursday, July 27,2000
Member Almodovar, seconded by Member Colburn, moved to recommend to the City
Commission the approval of the Variance as it meets the requirements of the Code
Motion carried 4-0.
OTHER BUSINESS -NONE
COMMENTS
Administrative Secretary Maxwell notified the board members that business cards are
being printed and let her know if you would like business cards and approximately how
many.
Mayor Vandergrift thanked the Board of Adjustment for serving.
ADJOURNMENT
The meeting was adjourned at 9:27 p.m.
Brenda Maxwell, Administrative Secretary John Resnik, Chairman
4