BCC APPEAL PUBLIC HEARING ONBCC APPEAL PUBLIC HEARING ONBZA #ZM-15-02-107BZA #ZM-15-02-107

APPLICANT/APPELLANT: PAUL CHIPOK, ESQ., APPLICANT/APPELLANT: PAUL CHIPOK, ESQ., AGENT FOR MAC MEDIA OUTDOOR LLCAGENT FOR MAC MEDIA OUTDOOR LLC

Orange County Zoning DivisionOrange County Zoning Division

June 30, 2015 (Continued from April 21, 2015)June 30, 2015 (Continued from April 21, 2015)

CASE #:CASE #: ZM-15-02-107ZM-15-02-107

APPLICANT:APPLICANT: Paul Chipok, Esq., Agent for Mac Media Outdoor LLCPaul Chipok, Esq., Agent for Mac Media Outdoor LLC

REQUEST:REQUEST: Appeal of the Zoning Manager’s determination to rescind 2 billboard permits Appeal of the Zoning Manager’s determination to rescind 2 billboard permits issued on October 15, 2013 and October 17, 2013 for the following reasons:issued on October 15, 2013 and October 17, 2013 for the following reasons:

1) The billboards were permitted within unincorporated railroad right-of-1) The billboards were permitted within unincorporated railroad right-of-way that has no zoning designation. This right-of-way is bounded by way that has no zoning designation. This right-of-way is bounded by properties within the City of Ocoee. Billboards are not permitted in railroad properties within the City of Ocoee. Billboards are not permitted in railroad rights-of-way not adjacent to unincorporated property that permits rights-of-way not adjacent to unincorporated property that permits billboards.billboards.

2) Neither billboard is located at least 500 ft. from the SR 429 off-ramp as 2) Neither billboard is located at least 500 ft. from the SR 429 off-ramp as required by Section 31.5-126(m) of the Orange County Code.required by Section 31.5-126(m) of the Orange County Code.

ZONING:ZONING: No zoningNo zoning

TRACT SIZE:TRACT SIZE: 60 ft. x 500 ft. (part of a larger parcel)60 ft. x 500 ft. (part of a larger parcel)

LOCATION:LOCATION: Approximately 1000 ft. south of the intersection of SR 429 and Franklin St., Approximately 1000 ft. south of the intersection of SR 429 and Franklin St., within railroad right-of-waywithin railroad right-of-way

DISTRICT:DISTRICT: #1 and #2#1 and #2

BackgroundBackground

Location MapLocation Map

Existing Billboards

Billboard Locations with Permit #’sBillboard Locations with Permit #’s

Zoning MapZoning Map

Section 31.5-126(m)Section 31.5-126(m) (m) A billboard located within five hundred (500) feet of any toll

plaza of any limited access highway, which five hundred (500) feet shall be measured along the edge of pavement of the limited access highway, shall be setback at least five hundred (500) feet from the edge of the right-of-way of the limited access highway. A billboard located within the linear area beginning five hundred (500) feet from one (1) end of an interchange ramp of a limited access highway and ending five hundred (500) feet from the other end of the interchange ramp, which distance shall be measured along the edge of the pavement of the interchange ramp, limited access highway, and nonlimited access highway, shall be set back at least five hundred (500) feet from the edge of the right-of-way of the interchange ramp, limited access highway or non-limited access highway. See Exhibit “A” attached to Ord. No. 90-10.

Billboard Restricted MapBillboard Restricted Map

Exhibit A- Ordinance No. 90-10Exhibit A- Ordinance No. 90-10

BB Permit: B13010966BB Permit: B13010966

“NA”

BB Permit: B13010964BB Permit: B13010964

“NA”

Site PhotographSite Photograph

Billboards

Site PhotographSite Photograph

Site PhotographSite Photograph

Site PhotographSite Photograph

Site PhotographSite Photograph

Site PhotographSite Photograph

Staff Findings and Analysis Staff Findings and Analysis Railroad R/W has no zoning

Railroad R/W is bounded by lands within City of Ocoee

It is standard practice to extend the adjoining zoning district to the R/W to determine uses permitted

City of Ocoee does not permit billboards

Neither billboard is located at least 500 ft. from the SR 429 off-ramp as req’d by Sec. 31.5-126(m)

Submitted applications noted “N/A” for measurements regarding the “linear feet from the beginning or end of interchange ramp”

For these reasons, zoning approvals for these billboards are rescinded

BZA Findings BZA Findings The Zoning Manager’s determination was not in error

The applicant’s land use rights to the billboards never existed

It is standard practice to extend the adjoining zoning district to the R/W to determine uses permitted

City of Ocoee does not permit billboards

Neither billboard is located at least 500 ft. from the SR 429 off-ramp as required by Sec. 31.5-126(m)

BZA Recommendation:BZA Recommendation:

Uphold Zoning Manager’s determination of October 13, 2014

4-2 vote

BCC Action Requested:BCC Action Requested:

Uphold Zoning Manager’s determination of October 13, 2014 consistent with the BZA’s recommendation

BCC APPEAL PUBLIC HEARING ONBCC APPEAL PUBLIC HEARING ONBZA #ZM-15-02-107BZA #ZM-15-02-107

APPLICANT/APPELLANT: PAUL CHIPOK, ESQ., APPLICANT/APPELLANT: PAUL CHIPOK, ESQ., AGENT FOR MAC MEDIA OUTDOOR LLCAGENT FOR MAC MEDIA OUTDOOR LLC

Orange County Zoning DivisionOrange County Zoning Division

June 30, 2015 (Continued from April 21, 2015)June 30, 2015 (Continued from April 21, 2015)

Zoning Manager’s Determination LetterZoning Manager’s Determination Letter