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Item #06 First Reading of Ordinance for Amendment to Article 1, Chapter 153 of the City of Ocoee Code, Relating to Access Provisions to Gated Communities11UR '!/ �)CO( florida AGENDA ITEM COVER SHEET Meeting Date: February 3, 2015 Item # (n Contact Name: Lt. William Wagner Contact Number: 407 - 905 -3160 ext. 3319 Reviewed By: Department Director: City Manager: Chief C Robe!?, Subject: Amendment to Article 1, Chapter 153 of the City of Ocoee Code, IfelaaNng to access provisions to aated communities. Background Summary: The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective response to emergencies and calls for service in gated communities. This ordinance change is proposed to ensure that new subdivisions and those with existing emergency vehicle access system shall have those systems updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the police department or fire department for gated subdivision entry. Issue: Should the Honorable Mayor and Board of City Commissions adopt the proposed changes to Chapter 153 of the Code of Ordinances providing for Access Provisions to Gated Subdivision? With approval, the Honorable Mayor and Board of City Commissions shall select the appropriate amount of time for existing subdivisions to come into compliance. Recommendations It is the recommendation of staff that the Honorable changes to Chapter 153 of the Code of Ordinances. Mayor and Board of City Commissioners adopt the Attachments: Ordinance 153 with proposed changes. Financial Impact: Type of Item: (please mark with an `z') Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda 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 () 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 REQUIREMENTS FOR EMERGENCY ACCESS TO GATED COMMUNITIES INCLUDING EXISTING GATED COMMUNITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to amend Article I, Chapter 153 of the City of Ocoee Code, to establish requirements for emergency vehicle access to gated communities including existing gated communities. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Authority The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 2. Article I, Chapter 153. Article I, Chapter 153, relating to streets and sidewalks, right of way utilization permitting, is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. Section 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Codification It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 5. Effective Date This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of 7 20 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 1 20_ SHUFFIELD, LOWMAN & WILSON, P.A. ADVERTISED , 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED ,20_ UNDER AGENDA ITEM NO. City Attorney EXHIBIT "A" Section 153 -1 of the City of Ocoee Code, is hereby amended as follows with strikethroughs showing deletions and underlines showing new language, and a new Section 153 -5.7 is hereby added to read as follows: Section 153 -1. Purpose and Intent. The purpose of this Article is to provide standards and procedures for permitting the use of public streets, rights -of -way and easements in order to achieve the following: A. Preserve the function of each public road, street, highway, right -of -way and easement. B. Provide for smooth, logical traffic flow patterns. C. Reduce traffic conflicts and confusion. D. Allow for the application of safe geometric design principles. E. Provide for bicycle and pedestrian safety. F. Provide for future modification and expansion. G. Provide for environmental compatibility. H. Provide for adequate utility service. I. Provide for Public Safety. Section 153 -5.7. Access provisions for gated subdivision. (a) A gated subdivision or gated community is defined to mean a residential subdivision in which the subdivision infrastructure may be located on privately controlled easements or tracts, and not public rights -of -way. (b) Emergency vehicle access. Entryway gates allowing restricted access from the public right -of -way to a gated subdivision or gated community, or other restricted access gates shall before such gates may be closed, be equipped with an emergency vehicle access system inspected and approved by the city police chief. After initial approval is obtained from the city police chief, said emergency vehicle access system may be inspected from time to time, to ensure that said gates and emergency vehicle access systems are acceptable and in good working condition. Notwithstanding anything herein to the contrary, the police chief may require an existing emergency vehicle access system to be updated, modified, or replaced in order to remain operational following changes in technology, policy, or equipment used by the police department. In the event the police chief requests in writing that an existinq emergency vehicle access system be updated, modified, or replaced, such change shall be made within the time specified in a written request. If necessary for the health safety, and welfare the police chief may require such gates to remain in an open position until such time as the changes are fully effectuated and approved by the City. (c) Existing gated communities. Gated communities existing as of the effective date of this ordinance or which are annexed into the city subsequent to the effective date of this ordinance shall comply with the provisions of subparagraph (b), above, within days of the effective date of this ordinance or, if subsequently annexed, prior to the adoption date of the ordinance annexing the subdivision into the city. Until such time as a gated community is approved and deemed in full compliance with the provisions of this ordinance the gated community shall be required to leave the pate remaining open during daylight hours unless the gate is physically and continuously manned by security personnel designated by the Homeowner's Association for the gated community during said daylight hours.