Item 09 First Reading of Ordinance for Land Development Code (LDC) Amendment to Article V, Section 5-15B and Table 5-1 Relating to Major Community Residential Homes and Commercial Recreation FacilitiesMeeting Date: November_1, 2022
Item
eviewed By: X4 V
Contact Name: Anoch Whitfield, Zoning Man a epartment Director: Michael Rur
Contact Number: Ext. 1016 `'City Manager: � Fes,
Background Summary:
With respect to Major Community Residential Homes (CRH)s, Table 5-1 allows a Major Community
Residential Home (CRH) use in the agriculture zoning districts (A-1 and A-2) and all of the residential zoning
districts (RCE-1 through R-3) as a permitted use by right; however, Section 5-15B(3) of Article V stipulates
that a conditional use permit and Planning and Zoning Commission/City Commission approval are required.
Due to this discrepancy, staff has identified the need to amend the relevant provisions of the Code relative
to Major CRHs in order to eliminate the discrepancy and establish clear processes and expectations for this
use. To summarize, the staff proposes the following:
1) Modify Table 5-1 to prohibit major community residential homes in the A-1, A-2, and RCE-1 through R-
2 zoning districts and require a Special Exception approval for them in the R-3 Multi -family Dwelling
District, and
2) Modify Section 5-15B(3) to:
a) Replace the reference to "conditional use permit" with a clear reference to the requirement for a
Special Exception approval; and
b) Clarify the application process and establish criteria for approval of a Major Community
Residential Home.
With respect to Recreation Facilities, Section 2-4 in Article II currently defines commercial and neighborhood
recreation facilities as follows:
(258) "Recreation Facility, Commercial" is defined as a "facility providing for indoor or outdoor recreational
activity consisting of the following:
a) Indoor Recreation Facility: Arcades, billiard and pool parlors, bowling alleys, indoor recreation
centers, gymnasium, spas, health clubs, and similar activities.
b) Outdoor Recreation Facility: Miniature golf courses, golf driving ranges, go-cart tracks, stables, horse
riding areas, and similar activities."
(260) "Recreation Facility, Neighborhood" is defined as "any outdoor recreational activity which is oriented to
the needs of persons living in fairly close proximity and specifically includes playgrounds, playfields,
ballparks, tennis and basketball courts, facilities for jogging and cycling, boat docks and boat ramps (but not
marinas), fishing piers, and similar uses, including buildings and facilities for such uses."
It has come to staff's attention that Commercial Recreation Facilities (which include intensive outdoor activities)
are permitted by right in C-2, C-3, 1-1, and 1-2 zoning districts; however, Neighborhood Recreation Facilities
(which include less intensive, neighborhood -oriented outdoor activities) require a Special Exception approval
in those same C-2, C-3, 1-1, and 1-2 zoning districts. Since outdoor Commercial Recreation Facilities and
activities are more intense and impactful to surrounding neighborhoods and properties than outdoor
Neighborhood Recreation Facilities, staff is proposing to modify Table 5-1 to create a distinction between
"Indoor" and "Outdoor" Commercial Recreation Facilities. Specifically, Indoor Commercial Recreation
Facilities may continue to be permitted by right in the C-2, C-3, 1-,1, and 1-2 zoning districts; however, Outdoor
Commercial Recreation Facilities will be required a Special Exception approval in the C-2, C-3, I-,1 and 1-2
zoning districts. Requiring the Special Exception for these outdoor commercial and recreational facilities will
allow the City the ability to ensure that conditions are in place to protect the surrounding properties.
Staff feels that the proposed LDC amendments will resolve discrepancies relative to Community Residential
Homes and alleviate potential adverse impacts of outdoor commercial recreation facilities to the surrounding
properties.
Issue:
Should the Honorable Mayor and City Commission approve a proposed ordinance to amend Article V, Section
5-15B and Table 5-1 relating to Major Community Residential Homes and Commercial Recreation Facilities?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (PZC) reviewed and discussed the proposed LDC amendment at its
October 11, 2022, public hearing. Discussions are summarized below:
Discussion Topics:
Response:
Can the ordinance be revised to include
Requirements for compliance with local and state building
requirements for major community residential
and fire safety regulations are currently included in the
homes to be subject to fire inspection?
proposed ordinance.
Can the ordinance be revised, or can
City Attorney stated that she is uncomfortable with putting
something be put in place to require that the
such a provision into the ordinance or requiring the approval
major community residential home applicant
by the HOA without further investigation by the City
obtain approval from the Homeowners
Attorney's Office as this may conflict with the legislation. The
Association?
Florida Statutes specifically calls this use (a community
residential home serving 7 to 14 residents) a residential
dwelling, not a commercial business.
Can the City provide some type of notification
Staff indicated that perhaps a static map of the
to Homeowner Associations regarding
existing/reserved locations for ALF reservations could be
upcoming assisted living facilities?
made available on the Zoning website. There would not be
a public notice as the issuance of a reservation letter for a
minor or major community residential home does not require
a public hearing.
Clarification was made that the Assisted Living Facility/Group Home Reservation application process is to
ensure that the minimum distance separation requirements of the Code and Florida Statutes are met. The
issuance of the ALF Reservation Letter is only to reserve that specific location for a period of six (6) months to
allow the operator time to complete their application/licensing process with the State. The ALF Letter is not a
permit, and the City is not approving or licensing the ALF. It was reiterated that this proposed ordinance is
intended to correct a discrepancy between Table 5-1 and Section 5-15B and ensure that the Major Community
Residential Homes followed the appropriate process.
Following discussion, the proposed ordinance passed with a recommendation of approval with a 4 to 1 vote.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve the proposed Ordinance
implementing amendments to Article V, Section 5-15B and Table 5-1 relating to Major Community Residential
Homes and Commercial Recreation Facilities.
Attachments:
Section 419.001, Florida Statutes
Proposed Ordinance
Financial Impact:
None
Type of Item: (please mark with an "x )
Public Hearing (Adoption Hearing)
x Ordinance First Reading
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
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
For Clerk's Dept Use•
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
Select Year: 2022 V rdc 1
The 2022 Florida Statutes
Title XXX Chapter 419 View Entire Chapter
SOCIAL WELFARE COMMUNITY RESIDENTIAL HOMES
419.001 Site selection of community residential homes.—
(1) For the purposes of this section, the term:
(a) "Community residential home" means a dwelling unit licensed to serve residents who are clients of the
Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the
Department of Children and Families or licensed by the Agency for Health Care Administration which provides a
living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including
such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social
needs of the residents.
(b) "Licensing entity" or "licensing entities" means the Department of Elderly Affairs, the Agency for Persons
with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or the Agency for
Health Care Administration, all of which are authorized to license a community residential home to serve
residents.
(c) "Local government" means a county as set forth in chapter 7 or a municipality incorporated under the
provisions of chapter 165.
(d) "Planned residential community" means a local government-approved, planned unit development that is
under unified control, is planned and developed as a whole, has a minimum gross lot area of 8 acres, and has
amenities that are designed to serve residents with a developmental disability as defined in s. 393.063 but that
shall also provide housing options for other individuals. The community shall provide choices with regard to housing
arrangements, support providers, and activities. The residents' freedom of movement within and outside the
community may not be restricted. For the purposes of this paragraph, local government approval must be based on
criteria that include, but are not limited to, compliance with appropriate land use, zoning, and building codes. A
planned residential community may contain two or more community residential homes that are contiguous to one
another. A planned residential community may not be located within a 10-mile radius of any other planned
residential community.
(e) "Resident" means any of the following: a frail elder as defined in s. 429.65; a person who has a disability as
defined in s. 760.22(3)(a); a person who has a developmental disability as defined in s. 393.063; a nondangerous
person who has a mental illness as defined in s. 394.455; or a child who is found to be dependent as defined in s.
39.01 or s. 984.03, or a child in need of services as defined in s. 984.03 or s. 985.03.
(f) "Sponsoring agency" means an agency or unit of government, a profit or nonprofit agency, or any other
person or organization which intends to establish or operate a community residential home.
,t 0.. (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall
be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances.
Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be
allowed in single-family or multifamily zoning without approval by the local government, provided that such homes
are not located within a radius of 1,000 feet of another existing such home with six or fewer residents or within a
radius of 1,200 feet of another existing community residential home. Such homes with six or fewer residents are
not required to comply with the notification provisions of this section; provided that, before licensure, the
sponsoring agency provides the local government with the most recently published data compiled from the
licensing entities that identifies all community residential homes within the jurisdictional limits of the local
government in which the proposed site is to be located in order to show that there is not a home of six or fewer
residents which otherwise meets the definition of a community residential home within a radius of 1,000 feet and
not a community residential home within a radius of 1,200 feet of the proposed home. At the time of home
occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing
entity. For purposes of local land use and zoning determinations, this subsection does not affect the legal
nonconforming use status of any community residential home lawfully permitted and operating as of July 1, 2016.
1\0 '`. (3)(a) When a site for a community residential home has been selected by a sponsoring agency in an area zoned
for multifamily, the agency shall notify the chief executive officer of the local government in writing and include in
such notice the specific address of the site, the residential licensing category, the number of residents, and the
community support requirements of the program. Such notice shall also contain a statement from the licensing
entity indicating the licensing status of the proposed community residential home and specifying how the home
meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring
agency shall also provide to the local government the most recently published data compiled from the licensing
entities that identifies all community residential homes within the jurisdictional limits of the local government in
which the proposed site is to be located. The local government shall review the notification of the sponsoring
agency in accordance with the zoning ordinance of the jurisdiction.
(b) Pursuant to such review, the local government may:
1. Determine that the siting of the community residential home is in accordance with local zoning and approve
the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.
2. Fail to respond within 60 days. If the local government faits to respond within such time, the sponsoring
agency may establish the home at the site selected.
3. Deny the siting of the home.
(c) The local government shall not deny the siting of a community residential home unless the local
government establishes that the siting of the home at the site selected:
1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area.
2. Does not meet applicable licensing criteria established and determined by the licensing entity, including
requirements that the home be located to assure the safe care and supervision of all clients in the home.
3. Would result in such a concentration of community residential homes in the area in proximity to the site
selected, or would result in a combination of such homes with other residences in the community, such that the
nature and character of the area would be substantially altered. A home that is located within a radius of 1,200
feet of another existing community residential home in a multifamily zone shall be an overconcentration of such
homes that substantially alters the nature and character of the area. A home that is located within a radius of 500
feet of an area of single-family zoning substantially alters the nature and character of the area.
(4) Community residential homes, including homes of six or fewer residents which would otherwise meet the
definition of a community residential home, which are located within a planned residential community are not
subject to the proximity requirements of this section and may be contiguous to each other. A planned residential
community must comply with the applicable local government's land development code and other local ordinances.
A local government may not impose proximity limitations between homes within a planned residential community
if such limitations are based solely on the types of residents anticipated to be living in the community.
(5) All distance requirements in this section shall be measured from the nearest point of the existing home or
area of single-family zoning to the nearest point of the proposed home.
(6) If agreed to by both the local government and the sponsoring agency, a conflict may be resolved through
informal mediation. The local government shall arrange for the services of an independent mediator. Mediation
shall be concluded within 45 days of a request therefor. The resolution of any issue through the mediation process
shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a
determination under statutory or common law.
(7) The licensing entity shall not issue a license to a sponsoring agency for operation of a community
residential home if the sponsoring agency does not notify the local government of its intention to establish a
program, as required by subsection (3). A license issued without compliance with the provisions of this section shall
be considered null and void, and continued operation of the home may be enjoined.
(8) A dwelling unit housing a community residential home established pursuant to this section shall be subject
to the same local laws and ordinances applicable to other noncommercial, residential family units in the area in
which it is established.
(9) Nothing in this section shall be deemed to affect the authority of any community residential home lawfully
established prior to October 1, 1989, to continue to operate.
(10) Nothing in this section shall permit persons to occupy a community residential home who would constitute
a direct threat to the health and safety of other persons or whose residency would result in substantial physical
damage to the property of others.
(11) The siting of community residential homes in areas zoned for single family shall be governed by local
zoning ordinances. Nothing in this section prohibits a local government from authorizing the development of
community residential homes in areas zoned for single family.
(12) Nothing in this section requires any local government to adopt a new ordinance if it has in place an
ordinance governing the placement of community residential homes that meet the criteria of this section. State
law on community residential homes controls over local ordinances, but nothing in this section prohibits a local
government from adopting more liberal standards for siting such homes.
History.—s. 1, ch. 89-372; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 36, ch. 93-206; s. 6, ch. 95-152; s. 42, ch. 96-169; s. 222, ch.97-101; s.
46, ch. 98-280; s. 14, ch. 98-338; s. 53, ch. 99-193; s. 23, ch, 99-284; s. 7,ch. 2000-135; s. 93, ch. 2004-267; s. 34, ch. 2006-86; s. 110,
ch. 2006-120;s. 1, ch. 2006-177; s. 99, ch. 2007-5; s. 30, ch. 2008-245; s. 3,ch, 2010-193; s. 237, ch. 2014-19; s. 29, ch. 2015-30; s. 1,ch.
2016-74; s. 3,ch. 2020-76.
Copyright® 1995-2022 The Florida Legislature • Privacy Statement • Contact Us
ORDINANCE NO. 2022-
(LDC Update for Major Community Residential
Homes and Commercial Recreation Facilities)
AN ORDINANCE OF OF OCOEE, FLORIDA,
CITY •- OCOEE LAND DEVELOPMENT•D
RELATING TO MAJORCOMMUNITY RESIDENTIAL
HOMES • - •PROVIDING
FOR CODIFICATION; PROVIDING •- • PROVIDING FOR
PROVIDING AN EFFECTIVE D.
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 has identified internal inconsistencies in the Use Regulations of
Article V of the Land Development Code relative to community residential homes and
commercial recreation facilities that may result in adverse impacts to surrounding residential
neighborhoods and properties; and
WHEREAS, the City has found it is necessary to protect existing adjacent properties
from potential adverse impacts of such community residential homes and commercial
recreation facilities and to ensure the health, safety, and general welfare of the public; and
WHEREAS, on October 11, 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 5-15B and Table
5-1 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955,
Florida Statutes, relating to community residential homes and commercial recreation facilities;
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 the advertisement and duly noticed public hearing on the
Ordinance on Tuesday, November 15, 2022, the Ocoee City Commission approved the
amendments to Section 5-15B and Table 5-1 of the LDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF • OEE, 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 Vill of the Constitution of the State of Florida and Chapters
163 and 166, Florida Statutes.
SECTION 3. AMENDMENT OF THE LDC. Section 5-15B of Article V of the City of
Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "A" and
Table 5-1 of Article V of the City of Ocoee Land Development Code is hereby amended to read
as depicted in Exhibit "B", with underlines representing additions and strike-throughs
representing deletions, relating to major community residential homes and commercial
recreation facilities.
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 the 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.
•A 1i0]FAJ9•'
This Ordinance shall become effective
day of
[Space intentionally blank]
2022.
APPROVED:
CITY • OCOEE. FLOZ=
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
•- USE AND RELIANCE • BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
• FORM AND LEGALITY
this day of 12022.
m
City Attorney
ADVERTISED )2022
READ FIRST TIME 2022.
READ SECOND TIME AND ADOPTED
, 2022.
UNDER AGENDA ITEM NO.
-3-
EXHIBIT "A"
Changes are hereby made to Section 5-15B, as follows, with underline representing additions
and strike-through representing deletions:
ARTICLE V
§ 5-15. — SPECIFIC USE/DEVELOPMENT STANDARDS.
***
B. Community Residential Homes.
(1) Purpose.
This section is intended to provide reasonable standards and procedures for the
development of "community residential homes" (also referred to as "group
homes", "halfway houses", etc.) consistent with the requirements of Chapter 419,
Florida Statutes.
(2) Procedure for approval of minor community residential homes.
Prior to the issuance of a certificate of occupancy, the operator of a minor
community residential home or the owner of the property shall provide the
Building Official and Zoning Development Services Director with a statement certifying
that the use is in compliance with the restrictions set out in Section 419.001(2),
Florida Statutes, and in particular with the prohibition on the location of such a
use within one thousand (1,000) feet of an existing minor community residential
home or within a radius of 1,200 feet of an existing major community residential
l u r e.Faixetomarlani re ,feireloI rt
occupancy to six (6) qualifying residents, and/or failure to meet the standards of
Section 419.001, Florida Statutes, or any standard of the County applicable to
single family dwellings shall result in the revocation of the certificate of
occupancy and require the abandonment of the use.
(3) Procedure for approval of major community residential homes.
(a) Prior to the issuance of a certificate of occupancy, the operator or
Sponsoring Agency, as defined by Section 419.001(f), Florida Statutes,
of a major community residential home or the owner of the property within
which a major community residential home is proposed shall first obtain a
Special Exception approval.
(b) An application fora especial exception tisepermitshall comply with the requirements
of Section 4-8 of Article IV and shall be accompanied by the information
identified in Section 419.001(3)(a), Florida Statutes,and-including including all
information identified as being the responsibility of the District
Aciri -Acr ,asdefnedbySedim
419.001(1)(b), Florida Statutes.
(c) -The Biking Official and DevdopmentSeMcesDirectcrshalreVewthe
materials submitted and determine that the submission complies with the
-4-
requirements of Section 419.001, Florida Statutes, and with the Special
Exception requirements of Section 4-8 of Article IV, and with the following
standards:
a. The use of the dwelling for a major community residential home
will not result in a concentration of such homes in the area. A
home within a radius of 1,200 feet of another home in any zoning
district shall be an overconcentration of such homes. A home
within a radius of 500 feet of a single-family zoning district shall be
an overconcentration of such homes. Per Section 419.001(5), all
distance requirements shall be measured from the nearest point
of the existing home or area of single-family zoning to the nearest
point of the proposed home.
b. The use of the dwelling unit for a major community residential
home shall be clearly incidental and subordinate to its use for
residential purposes. Operation of the home shall not
substantially alter the use of the property as a single-family home
or the nature or character of the area as a residential
neighborhood.
c. In addition to the number of spaces required for the principal use,
parking shall be provided at a rate of one (1) space per five (5)
beds. Parking and vehicular and pedestrian areas shall comply
with Article VI, Section 6-4.
d. Operation of the major community residential home shall comply
with all of the City's residential districts standards with respect to
noise, littering, and waste disposal regulations established in
Chapters 101, 113, and 143 of the Code of Ordinances as well as
local and state building and fire safety regulations.
(a)(d) for multi family development as set out in this Article. In
considering its action on the request, the Planning and Zoning
Commission and the City Commission shall, in addition to the
requirements and standards for multi family dwellings as set out in this
Code and in the Comprehensive Plan, consider the standards and
provisions of Sections 419.001(3)(b) and (c) and 419.001(4), Florida
Statutes.
(4) After approval of a major community residential home, the operator/Sponsoring
Agency shall submit to the City evidence of the licensed being issued and valid by
the Licensing Agency. -#Failure to maintain licensure by from the Department of
Health and Rehabilitative ServicesLicensing Agency, failure to limit occupancy to
fourteen (14) qualifying residents, and/or failure to meet the standards of Section
419.001, Florida Statutes, or any standard of the City applicable to
dwell-sthe major community residential home shall result in the revocation of the
certificate of occupancy and require the abandonment of the use.
-5-
Changes are hereby made to Table 5-1, as follows, with underline representing additions and
strike -through representing deletions:
[Table 5-1 on next page]
[Space Intentionally Left Blank]
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