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Item 15 Second Reading of Ordinance for Land Development Code (LDC) Amendment to Article V, Section 5-4.1 to Clarify Fence Requirements for Corner Lots and Lots with Multiple Street FrontagesMeeting Date: August 16, 2022 Item # �7 Reviewed By: Contact Name: Anoch Whitfield, Zonin Mana epartment Director: Mi a I Contact Number: Ext. 1016 City Manager: Subject: Land Development Code (ADC) Amendment to Article V, Section 5-4.1 to clarify Fence requirements for corner lots and lots with multiple street frontages Background Summary: The First Reading was held on July 19, 2022. Section 5-4.1, LDC, establishes the standards for fences within the City. For internal lots, fences in residential districts may be erected in any required yard or along the edge of any yard, provided that street corner visibility requirements are met and provided that no wall or fence located in front of the front building line does exceed four (4) feet in height and be no more than fifty (50) percent opaque. Fences shall not exceed six (6) feet in height. For corner lots, the Code allows corner lots "where: (1) two (2) corner lots adjoin at the end of a block, (2) the single-family dwelling units are designed rear -to -rear, and (3) there are no garage or main entry doorways exiting to the side front yard, then in such cases, fences greater than four (4) feet in height 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 the property line and the fence extends along no more than one-half (1/2) the depth of the house." However, the current Code does not speak to corner lots where the dwelling units are designed side -to -rear or for lots that have multiple roadway frontages, such as a double -frontage lot, through lot, or lot with road frontage along three (3) properties or more sides. Additionally, the City recognizes that there are changes in development trends and that property owners wish to utilize more yard space for personal use. Thus, the staff proposes changes to Section 5-4.1 to: Reduce the minimum side front yard setback on corner lots designed rear -to -rear with no side garage/main entry, from 15 feet to 5 feet or the boundary of an easement, whichever is greater. The proposed Ordinance retains the requirement that the depth of the fence be a maximum of/2 of the depth of the house. Establish standards for corner lots where the single-family dwellings are designed side -to -rear and for lots that have multiple roadway frontages, including double -front or through lots and lots with three (3) road frontages. Staff feels that the proposed changes will help to clarify the existing Code and create more usable yard space for corner and multi -front lots. Issue: Should the Honorable Mayor and City Commission approve an Ordinance implementing amendments to Article V, Section 5-4.1, to clarify the requirements for corner lots and lots with multiple street frontages? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (PZC) reviewed and discussed proposed LDC Amendment on June 14, 2022. Discussions during the hearing are summarized below: Discussion Topic: Response: Why are some fences currently placed Fences existing prior to January 1, 2000, shall be considered anywhere from three (3) to five (5) feet grandfathered and may be replaced in the location they were from the property line? constructed in. Whether any exceptions were granted No fence permits have been issued for any fences along the road to a parcel on Ingram Road which has on Ingram Road. The proposed Code does not allow a 6-ft fence a 6-ft fence being built right along the along the road right-of-way, and this proposed Ordinance does not road. propose any changes to fences along the roadway. Management of complaints due to Staff explained that the proposed review considerations (hierarchy flexibility in the proposed Code, of adjacent streets, presence of sidewalks and fences, orientation specifically Section 5-4.1.D(3) of existing driveways, etc.) would guide fence locations in a manner which ensures safety. An interpretation book will be developed so that staff can track fence permits for multi -front lots in order to try to achieve consistency in review and implementation. Following discussion, the PZC recommended approval of the proposed Ordinance. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commission approve the proposed Ordinance implementing changes to Article V, Section 5-4.1, to clarify the fencing requirements for corner lots and lots with multiple street frontages. Attachment: Proposed Ordinance for Section 5-4.1, Article V, LDC Amendment Financial Impact: None Type of Item: (please mark with an 'x ) X Public Hearing (Adoption Hearing) Ordinance First Reading X Ordinance Second Reading Resolution Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by O N/A ORDINANCE NO. 2022- (LDC Update for Fences) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE V, SECTION 5- 4.1 FENCES RELATING TO DESIGN REQUIREMENTS FOR CORNER LOTS AND LOTS WITH MULTIPLE FRONTAGES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City recognizes that property owners wish to utilize more yard space for personal use and desires to grant property owners greater ability to enclose more lot area in a manner that maintains vehicular and pedestrian safety; and WHEREAS, the City recognizes that clarification and additional provisions are needed relative to fence requirements for corner lots and lots with multiple roadway frontages; and WHEREAS, on June 14, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Section 5-4.1 of the City of Ocoee Land Development Code ("LDC") to clarify the fence requirements for corner lots and lots with multiple roadway frontages; and WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public; and WHEREAS, following advertisement and duly noticed public hearing on the Ordinance on Tuesday, August 16, 2022, the Ocoee City Commission approved the amendments to Article V, Section 5-4.1 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 3. AMENDMENT OF THE LDC. Section 5-4.1 of Article V of the City of Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "A" with underlines representing additions and strike-throughs representing deletions. SECTION 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. SECTION 5. 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 6. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions stated in 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 re -lettered 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 re -lettered 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 re - codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. immediately upon passage and adoption. PASSED AND ADOPTED this day of This Ordinance shall become effective [Space intentionally blank] 2022. -2- ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of )2022. SHUFFIELD LOWMAN & WILSON, P.A. m- City Attorney ADVERTISED 12022 READ FIRST TIME 2022. READ SECOND TIME AND ADOPTED 12022. UNDER AGENDA ITEM NO. -3- MOMMUN AM Changes are hereby made to Section 5-4.1 as follows, with underline representing additions and strike -through representing deletions: ARTICLE V § 5-4.1. FENCES. A. Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to be grandfathered as legal nonconforming structures. It is the burden of the property owner to provide documentation to the City that the existing fence meets this standard. Subject to obtaining building permits, grandfathered fences shall be allowed to be repaired 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. B. 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 located in front of the front building line shall exceed four (4) feet in height and be no more than fifty (50) percent opaque. B-C. -----No other wall or fence shall exceed six (6) feet in height, and all fences must have up to a two-inch setback from adjacent property line, so as to not encroach on neighboring property. D. Corner lots: IL -In cases where: (1) two (2) corner lots adjoin at the end of a block, (2) the single- family dwelling units are designed rear -to -rear, and (3) there are no garage or main entry doorways exiting to the side street front yard, then in such cases, fences greater than four (4) feet in height and no more than six (6) feet in height shall be allowed within the side street front yard as long as a minimum setback of five 5) feet or any easement area, whichever is greater, is maintained from the property line and the fence extends along no more than one-half (%) the depth of the house. 2) In cases where (1) two (2) corner lots adioin at the end of a block and the single- family dwelling units are designed rear -to -side or (2) where a corner lot adjoins an interior lot, no wall or fence shall be located in front of the front building line. Walls or fences no greater than four (4) feet in height and no more than fifty (50) percent opaque may be permitted within any yard. -11'-11 e In the case of a through -lot, double -frontage lot or single lot where the lot is surrounded on three (3) or more sides by a street, the hierarchy of the roadway functional classification, presence of sidewalks, location of existing walls and M fences along adjacent streets and orientation of existing driveways along each street shall determine fence location and setbacks. In all instances, prior to aDDroval. mechanisms or measures shall be out in glace to ensure vehicular and pedestrian safety. -5- Advertisement or .Article FIRST INSERTION CPTY OF OCOEE NOTICE OF PUBLIC HEARING FOR CITY LAND DEVELOPMENT CODE (LDC) AMENDMENT RELATING TO FENCES NOTICE IS HEREBY GIVEN, pursuant to Article I, Sections 1-9 and wo, that the Ocoee City Commission will consider proposed changes to Article V of the Land Development Code pertaining to fences, particularly to clarify fencing requirements in Section 5-4.1 relating to corner lots and lots with multiple street frontages. The OCOEE CITY COMMISSION will hold a PUBLIC HEARING on the pro- posed LDC Amendment on TUESDAY, AUGUST 16, 2022, at 6:16 P.M. or as soon thereafter as practical. The public hearing will be held in the City hall Commission Chambers located at I North Bluford Avenue, Ocoee, Florida AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE V, SECTION 5-4.1 FENCES RELATING TO DESIGN REQUIREMENTS FOR CORNER LOTS AND LOTS WITH MULTIPLE FRONTAGES; PROVIDING FOR CODIFICATION; PROVHDING FOR CONFLICT; PROVIDING FOR SEWRABILITY; PROVIDING AN EFFECTIVE DATE. Interested parties'may appear at the public hearing and be heard with respect to the proposed actions.'The complete case file may be inspected at the Ocoee Devel- opment Sei vices Department, I Bluford Avenue, Ocoee, Florida, between the hours of 8:00 am. and 5:00 p,m., Monday through Friday, except legal holidays. The City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made during the public hearings 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 the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerks Office 48 hours in advance of the meeting at (407) 905s9105. August 4, 2022 22-02761W