HomeMy WebLinkAboutItem #08 Second Reading of Ordinance Regarding Changes to the Land Development Code to Create a Lot-split Review Process and to Modify the Short-form Process
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AGENDA ITEM COVER SHEET
Meeting Date: June 16, 2009
Item # 8
Contact Name:
Contact Number:
AI Butler
407 -905-3100, ext. 1543
Reviewed By:
Department Director:
City Manager:
Subject: Approval of changes to the Land Development Code to create a Lot-split Review Process and
to modify the Short-form Subdivision Review Process.
Background Summary:
A number of lot splits and small subdivisions have occurred in recent years that presented serious
obstacles to the property owner in the review and approval process without offering any benefits to the
City of Ocose and its citizens as a result of that difficult and potentially expensive review process. Gaps
in the review process were also identified, such as a lack of applicant certification regarding any
homeowners' association review required by restrictive covenants.
Staff conducted an evaluation of the short-form subdivision review process to identify those portions of
the existing. process that needed to be revised so as to provide for adequate protection of the public
while removing undue obstacles to the property owner's right to use his or her land. The result of that
review process was a set of proposed modifications to the current Short-form Subdivision Review
Process contained in ~4-4.1 of the Land Development Code of the City of Ocoee and the proposed
addition of a new ~4-4.2 for review of lot splits. Included in the recommended modifications are new
application forms and lower processing fees.
The Land Development Code of the City of Ocoee presently permits use of a short-form subdivision plat
review process when certain conditions are met, such as the subdivision involving 10 or fewer lots and
no extension of roads and utilities. The Land Development Code defines subdivision as "the division or
redivision of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land"
(~2-4 C 297). However, State law establishing the power of municipalities to regulate subdivisions of
land within their limits defines subdivisions as "the division of land into three or more lots, parcels, tracts,
tiers, blocks, sites, units, or any other division of land" (~177.031(18), Fla. Stat.). Thus, there is an
inconsistency between the Land Development Code and the Florida Statute that establishes the City's
authority for subdivision review in that the Land Development Code sets the review threshold at two lots
while Florida law sets it at three.
Subdivisions of land falling below the "three new lots" threshold established in Florida Statutes are called
lot splits. The Land Development Code does not provide for the review of lot splits; however, the Orange
County Property Appraiser requires a letter of concurrence from any municipality within which the lot split
is located in order to ensure that the lots being created conform to the local land development code.
Although Florida law exempts lot splits from the typical subdivision review process, such conformance
affects the value of the lots being created.
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Issue:
The Engineering Division has proposed a modification to the Land Development Code that will add a
new Lot Split Review Process and revise the existing Short-form Subdivision Review Process. Both
review processes begin with a pre-application meeting between the potential applicant and City staff. In
addition to recognizing the State-established threshold of three new lots as an upper limit for subdivisions
that may utilize the Lot Split Review Process, the standards are those of the Short-form Plat Review
Process; e.g., no significant public infrastructure improvements are required and the proposed lots meet
the requirements of the Land Development Code for such factors as minimum right of way and size.
There is also a proposed requirement for the parent parcel to be split having been platted prior to July 1,
1991-a date established by changes in the Florida platting process.
Proposed Process Comparison Table
Lot
S lit
2
Yes
4
$500
No
No
Yes
Yes
No
No
None
No
No
Short-
form
10
Yes
10
$1 ,500
Ma *
Ma *
Yes
Yes
Limited**
Yes
Ad'acent
Yes
Yes
Long-
form
None
Yes
12
Varies
Yes
Yes
Yes
Yes
Yes
Yes
300'
Yes
Yes
* Requirement to use the long-form process may be waived by City Engineer
for minor extensions of street and utility systems if all other conditions are
met for use of short-form process.
** .oRC review limited to deciding whether short-form process is applicable.
Reductions in applicant cost and City processing are offered by the need for fewer copies of the
proposed plat, elimination of the requirement for legal and surveyor reviews, removal of Development
Review Committee actions, and omission of public notification and City Commission action. All of these
changes are based on the proposed lot split falling below the subdivision review threshold established by
Florida Statutes. As a result, the City is not approving the plat, only reviewing it so as to offer advice to
the applicant and the Orange County Property Appraiser regarding factors that can influence the market
value of the resulting lots.
The current Short-form Subdivision Review process is modified by the proposed changes to be
consistent with State law and to offer some minor amount of flexibility with regard to the need for minor
additions to the City's street and utility systems in order to provide for development of all proposed lots.
The proposed modifications also move management of the short-form subdivision review process from
the Engineering Division to the Planning Division, as the standard of review will be compliance with
zoning requirements and related aspects of the Land Development Code. The role of the Development
Review Committee is set at concurrence with suitability of the short-form review process; any member
can object to use of the short-form review process.
Process improvements are offered by restricting the property owner notification process to the adjacent
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properties. Beyond these changes, numerous small revisions provide consistency with other parts of the
Land Development Code and simplify the process in various ways. Existing provisions preserved by the
proposed language include omitting public hearings from the short-form review process. City
Commissior'! action and various official signatures upon approval also remain in place to protect the
public.
Recommendations
The Engineering Division recommends that the City Commission approve the proposed modifications to
the Land Development Code, which was previously endorsed by the Planning and Zoning Commission
by unanimous vote at its meeting of May 12, 2009, following a public hearing.
Attachments:
. Proposed ordinance with modifications to Article 4 of the Land Development Code;
. Proposed Lot Split Approval Application (Form 35);
. Proposed Short-form Subdivision Approval Application (Form 28); and
. Proposed Owner's Affidavit (Form 36).
Financial Impact:
The proposed modification changes the fee for short-form subdivision review from a variable fee to a
fixed fee and establishes a new fixed fee for lot-split review. The new fees are expected to create neutral
revenue impacts on the City.
Type of Item: (please marl< with an "x'?
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerl<'s Deat Use:
Consent Agenda
_ Public Hearing
_ Regular Agenda
X 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
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO CHAPTER 180 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE KNOWN AS THE
LAND DEVELOPMENT CODE; AMENDING SUBSECTION
4-4.1 OF ARTICLE IV OF CHAPTER 180 TO REVISE THE
PROCESS FOR SHORT -FORM SUBDIVISION PLAT
REVIEW; CREATING SUBSECTION 4-4.2 OF ARTICLE IV
OF CHAPTER 180 TO ESTABLISH THE PROCESS FOR
LOT SPLIT PLAN REVIEW; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend various
provisions of Chapter 180 of the Code of Ordinances of the City of Ocoee known as the Land
Devel~pment Code; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee
Planning and Zoning Commission, acting as the Local Planning Agency of the City, held a
public hearing on May 12, 2009 to review the relationship between this Ordinance and the Ocoee
Comprehensive Plan and, following such hearing, found this Ordinance to be consistent with the
Ocoee Comprehensiye Plan and in the best interest of the City of Ocoee, and recommended that
the City Commission adopt this Ordinance; and
WHEREAS, pursuant to Chapter 163 and Section 166.041, Florida Statutes, the Ocoee
City Commission held a public hearing on this Ordinance on June 16, 2009, after at least ten (10)
days' public notice, and received public input with respect thereto; and
WHEREAS, the City Commission of the City of Ocoee finds and determines that this
Ordin~ce is consistent with and implements the City of Ocoee Comprehensive Plan and the
adoption of the Ordinance is in the best interest of the City of Ocoee;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authoritv. 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
Chapters 163, 166, and 177, Florida Statutes.
SECTION 2. Amendment of Subsection 4-4.1 of Article IV of Chapter 180.
Subsection 4-4.1 of Article IV of Chapter 180 of the Code of Ordinance of the City of Ocoee is
hereby amended to read:
S 4-4.1. SHORT-FORM SUBDIVISION PLAT REVIEW PROCESS.
A. The Short Form Short-form Subdivision Plat Review Process set forth in this
section is intended to provide for adequate J*lbHe review of subdivisions having
few lots and whieh that do not require dedication of streets or publio or private
impro'lements significant extension of public utility systems. The Short-form
Subdivision Plat Review Process is geared toward existing lots or parcels that may
be easily split into smaller lots that will still meet the requirements of the Land
Development Code without the public facility improvements normally associated
with larger deyelopments.
B. When an applicant proposes to subdivide property~ this Short Form Short-form
Subdiyision Plat Reyiew Process may be substituted for the Subdivision Review
Process set forth in Section 4-4 hereof~ provided all of the following standards are
met:
1. The subdivision consists of ten (10) lots or less fewer;
2. No additional significant public infrastructure improvements are proposed
for the property, except as may be required by the Land Development
Code;
3. Each lot has direct access to frontage on an existing paved public street,as
req\:lired by Seetion 6 2..^... (5) of this Code to the extent required by the
property's existing zoning classification( s );
4. The existing street layout will not be affected, except for the dedication of
additional right-of-way, where required by the City;
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5. All lots must be serviceable by existing water and sewer lines, unless this
requirement is waived by the City;
6. The initial subdiyision is not part of a future larger development but may
be a replat of a lot or lots whieh that are part of a an existing larger
development;
7. The lots meet all applicable Land Development Code requirements; and
8. There are no special circumstances existing whieh that result in the
Development Review Committee Director of Development Services
determining that the proposed plat should not be processed under the Sheft
FeFm Short-form Subdiyision Plat Review Process.
If all of the enumerated conditions listed above are met except for direct access to
a paved public street. the applicant may be allowed to use the Short-form
Subdivision Plat Review Process if the applicant agrees to pave an adiacent public
road fronting the property so as to provide such access from the nearest paved
public street. The City Engineer may elect to waive this requirement and allow
the applicant to use the Short-form Subdivision Plat Review Process if. in the City
Engineer's opinion. the cost of paving the accessing public street is excessive
compared to the impact of the proposed subdivision.
C. Pre-application Conference.
Prior to submitting an application under this Section, the applicant shall confer
with the Director of Plan.'1ing Development Services and the City Engineer or
their designated representatives at a pre-application conference~. In this 'Nay at
which time the applicant may outline his/her intentions for the property and can
become familiar with the procedure for the Short Form Short-form Subdivision
Plat Review Process. Following the pre-application conference, the Director of
Plar.ning Development Services, after consultation with any affected Departments,
shall advise the applicant regarding his preliminary determination as to whether
the proposed subdivision meets the criteria for review under the Short Form Short-
form Subdivision Plat Review Process~ as set forth in Section 11.1 (13) 4-4.1.B.
above. and adyise the applicant what information must be submitted with any
application that may be filed. The information required of the applicant by the
Director shall be provided to the applicant in the form of a checklist that will be
used by staff to ensure any subsequent application for short-form plat reyiew
contains the required information. The preliminary determination of the Director
of Plar.ning ",/ill Development Services shall be based only on the information
presented at the pre-application conference and will not be binding on the City.
The Direetor of Plar.ning shall advise the applicant ",mether any additional
information must be submitted with an applieation pursuant to this seotion.
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D. If, following the pre-application conference, the applicant decides to continue,
then an Application for Short Form Short-form Subdivision Plat Review shall be
submitted by the Applicant to the Engineering Planning Department along with
thirteen (13) ten (10) paper copies of the proposed plat (mylar to be gi';en to City
upon appro'/al by the Development Review Committee), the applicable submittal
fee, the formes) established by the City for the purpose of processing such
applications with the standard information required. and such other information as
may have been be required by the Director of Plamling Development Services at
the pre applieation eonference or otherwise req\:1ired on the application form. In
addition, the applicant shall submit a Certification of Title and Encumbrances in
conformance with the requirements of Section 177.041, Florida Statutes (i.e., an
attorney's title opinion or title company certification). No application shall be
deemed accepted unless it is complete and all required information has been
provided.
E. Upon acceptance of the application by the Eagineering Department Planning
Diyision, copies of the proposed plat shall be distributed to the Development
Review Committee. The Development Review Committee shall review the
proposed plat and determine whether there are any special circumstances whieh
that, in the opinion of the Development Review Committee, should disqualify the
proposed plat from being processed under the Short Form Short-form Subdivision
Plat Review Process.
The Development Review Committee members shall individually submit written
comments on the proposed plat regarding its suitability for short-form subdivision
platting to the Engineering Department Planning Division. which shall provide
them to the Director of Development Services for a final determination as to
whether the short-form platting process can be used. In the event the Director of
Development Services Review Committee determines that the proposed plat is not
eligible for review under the Short Form Short-form Subdivision Plat Review
Process, then in such event, the application fee shall be returned to the applicant.
who the applieant shall be required adyised to resubmit the proposed plat in
compliance with Section 4:4 hereof, including those requirements related to
Preliminary Subdiyision Plans and Final Subdivision Plans. "^JlY such deoision of
the Development Review Committee may be appealed by the applieant to the City
Commission.
If the Director of Development Services Review Committee determines that the
proposed plat should be processed under the Short Form Short-form Subdivision
Plat Review Process, then the Engineering Department Planning Division shall
notify the members of the Development Review Committee. who shall have 30
days to provide comments on the proposed subdivision plat. At the same time. the
Planning Division shall provide a COPy of the application and proposed plat to a
Florida-licensed surveyor and mapper retained by the City for plat review under
the requirements of s. 177.081(1). Florida Statutes. At the end of the review
period. the Planning Division shall submit all comments of the Development
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Review Committee and the City's reviewing surveying and mapper in a report to
the applicant~ who shall make the changes necessary and then submit a revised
plat to the Engineering Department Planning Division. This process shall continue
until the proposed plat is satisfactory to the Development Review Committee and
the reviewing surveyor and mapper retained by the City. Proposed plats processed
pursuant to the 8hort Form Short-form Subdivision Plat Review Process shall not
be subject to review by the Planning and Zoning Commission.
. F. The primary standard of review is found in Article VI. Section 6-10.J(4) "Lot
standards" and Article V. Table 5-2 "Minimum Zoning Descriptions on Permitted
Uses." Proposed lots shall conform to the provisions of these and other applicable
portions of the Land Deyelopment Code. Any proposed plat that does not comply
with the Land Development Code or the State laws governing the form and
content of plats shall be reiected by the Director of Development Services and
returned to the applicant along with instructions indicating the nature of the defect
and its potential remedy.
Jl:G. After the Director of Development Services Review Committee approves the
proposed plat~ the Director City Engineer shall submit the proposed plat,
supporting data~ and a report from the Development Review Committee, to the
City Commission on the consent agenda of the next available meeting of that body
scheduled at least 30 days hence. provided, however, that prior to submittal to the
City Commission, the Director City Engineer shall have received the following
information from the applicant:
1. Certification of payment of taxes (Receipt from Orange County Property
Appraiser's office). The applicant must submit a copy of the proposed plat
to the Property Appraiser's office in order for the tax assessment
information to be completed;
2. Statement of Prepaid Tax Deposit and Lien Settlement Requirements.
(This form is also obtained and must be submitted through the Orange
County Property Appraiser's office). The completed form and a receipt
evidencing payment is then submitted to the Engineeril1g Department; and
3. Statement that all requirements of any applicable restrictive covenants
have been met: and
~. Such other information as the Director City Engineer determines is
necessary to meet the applicable requirements of the Land Development
Code and Florida law.
GH. All property owners Vtithin 300 feet of adiacent to the land which is the subject of
the proposed plat must be notified by mail at least seven (7) days prior to the date
of consideration of the proposed plat by the City Commission. The notice must
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include the date, time and place at which the City Commission will consider the
proposed plat. No other public notice shall be required.
HI Prior to taking aetion on the proposed plat, the City Commission shall call for
eomments from the general publie; however, a publie hearing shall not be
required. Thereafter At the meeting during which the proposed plat is considered.
the City Commission shall approye, approve subject to conditions, or disapprove
the proposed plat. In disapproving any proposed plat, the City Commission shall
provide reasons for such action. Approval shall have the same effect as if
approved pursuant to Section 4-4 hereof.
II. Upon approval of the plat by the City Commission, the City Engineer shall be
responsible for securing required signatures and the recording of the signed plat.
.\ppro',al shall have the same effeet as if approved purSUaJ'lt to Section 1 1 hereof.
JK. A Final Certificate of Concurrency shall not be required in connection with the
approval of a proposed plat pursuant to the Short Form Short-form Subdivision
Plat Review Process. However, such approval of a proposed plat shall not create
any exemption from compliance with the requirements of Article IX of this Code.
Approval of a proposed plat pursuant to the Short Form Short-form Subdivision
Plat Review Process shall not constitute a development order or permit or other
authorization to commence development under this Code. Unless exempt under
Section 9 1(B) 9-4.B of Article IX of this Code, a Final Certificate of
Concurrency shall be required prior to the issuance of a development order or
permit or other authorization to commence development on a lot platted pursuant
to the Short Form Short-form Subdivision Plan Review Process.
SECTION 3. Creation of Subsection 4-4.2 of Article IV of Chapter 180. Subsection
4-4.2 of Article IV of Chapter 180 of the Code of Ordinance of the City of Ocoee is hereby
created and shall read:
S 4-4.2. LOT SPLIT PLAN REVIEW PROCESS.
A. The Lot Split Plan Review Process set forth in this section is intended to provide
for adequate reyiew of lot splits that do not require dedication of streets or a
significant extension of public utility systems. The Lot Split Plan Review Process
is geared toward existing lots or parcels that may be easily split into smaller lots
that will still meet the requirements of the Land Development Code without the
facility improvements normally associated with larger developments and without
falling under the subdivision platting requirements of Chapter 177, Fla. Stat.
. B. When an applicant proposes to subdivide property, this Lot Split Plan Review
Process may be substituted for a Subdivision Plat Review Process set forth above,
provided all of the following standards are met:
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1. The subdivision will produce fewer than two new lots plus the remainder
of the parent parcel;
2. No significant public infrastructure improvements are proposed for the
property, except as may be required by the Land Development Code;
3. Each lot has frontage on an existing paved public street to the extent
required by the property's existing zoning classification(s);
4. The existing street layout will not be affected, except for the dedication of
additional right-of-way, where required by the City;
5. All lots must be serviceable by existing water and sewer lines, unless this
requirement is waived by the City;
6. The lot split is not part of a future larger development but may be a replat
of a lot or lots that are part of a an existing larger development;
7. The lots meet all applicable Land Development Code requirements;
8. All requirements of any applicable restrictive covenants have been met;
9. There are no special circumstances existing that result in the Director of
Development Services determining the proposed plat should not be
processed under the Lot Split Review Process; and
10. All parent lots were created by deed prior to July 1, 1991.
C. Pre-application Conference.
Prior to submitting an application under this Section, the applicant shall confer
with the Director of Deyelopment Services and the City Engineer or their
designated representatives at a pre-application conference, at which time the
applicant may outline his/her intentions for the property and can become familiar
with the procedure for the Lot Split Plan Review Process. Following the pre-
application conference, the Director of Development Services, after consultation
with any affected Departments, shall advise the applicant regarding his
preliminary determination as to whether the proposed subdivision meets the
criteria for review under the Lot Split Plan Review Process, as set forth above, and
advise the applicant what information must be submitted with any application that
may be filed. The information required of the applicant by the Director shall be
provided to the applicant in the form of a checklist that will be used by staff to
ensure any subsequent application for lot split plan review contains the required
information. The preliminary determination of the Director of Development
Services shall be based only on the information presented at the pre-application
conference and will not be binding on the City.
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D. If, following the pre-application conference, the applicant decides to continue,
then an Application for Lot Split Plan Review shall be submitted by the Applicant
to the Planning Division along with four (4) paper copies of the proposed plat, the
applicable submittal fee, the formes) establish for this purpose by the City with the
required standard information, and such other information as may be required by
the Director of Development Services. No application shall be deemed accepted
unless it is complete and all required information has been provided.
E. Upon acceptance of the application by the Planning Division, a copy of the
proposed plat shall be distributed to the City Engineer, who shall review the
proposed plat and determine whether there are any special circumstances that, in
his opinion, should disqualify the proposed plat from being reviewed under the
Lot Split Plan Review Process.
The City Engineer shall submit written comments on the proposed plat regarding
its suitability as a lot split to the Director of Development Services for a final
determination as to whether the lot split process can be used. In the event the
Director of Development Services determines that the proposed plat is not eligible
for review under the Lot Split Plan Review Process, then the applicant shall be
required to resubmit the proposed plat in compliance with Section 4-4 or 4-4.1
hereof, as appropriate.
If the Director of Development Services determines that the proposed plat should
be processed under the Lot Split Plan Reyiew Process, then the Planning Division
shall notify the City Engineer, who shall have 30 days to provide comments on the
proposed lot split. At the same time, the Planning Division shall review the
proposed lot split for conformance with this Land Development Code and State
law, and may submit the proposed plat to any other member(s) of the
Development Review Committee to solicit review comments. At the end of the
review period, the Planning Division shall submit all comments to the Director of
Development Services in a report to the applicant. Upon approval by the Director
of Development Services, the response shall be provided to the Applicant, who
shall make the changes necessary and then submit a revised plat to the Planning
Division. This process shall continue until the proposed plat is satisfactory to the
Director of Development Services. Proposed plats processed pursuant to the Lot
Split Plan Reyiew Process shall not be subject to review by the Planning and
Zoning Commission and approval by the City Commission. By definition, such
plats do not fall under the requirements of sections 177.071 and 177.081, Florida
Statutes, for review by a surveyor and mapper retained by the City or approval by
the governing body.
F. The primary standard of review is found in Article VI, Section 6-1O.J(4) "Lot
standards" and Article V, Table 5-2 "Minimum Zoning Descriptions on Permitted
Uses." Proposed lots shall conform to the provisions of these and other applicable
portions of the Land Development Code. Any proposed plat that does not comply
8
with the Land Development Code or the State laws governing the form and
content of plats shall be rejected by the Director of Development Services and
returned to the applicant along with instructions indicating the nature of the defect
and its potential remedy. The applicant may subsequently resubmit four (4)
copies of a revised plat to the Planning Division. This process shall continue until
the proposed plat is satisfactory to the Director of Development Services,
provided that the application shall be considered to be withdrawn if the applicant
fails to revise and resubmit the proposed plat within 90 days of the Director's
notification of rejection.
G. After the Director of Development Services approves the proposed lot split, the
Director shall submit a letter of lot split plan approval to the Orange County
Property Appraiser, provided, however, that the Director shall have received the
following information from the applicant:
1. Certification of payment of taxes (receipt from Orange County Property
Appraiser's office). The applicant must submit a copy of the proposed plat
to the Property Appraiser's office in order for the tax assessment
information to be completed;
2. Statement of Prepaid Tax Deposit and Lien Settlement Requirements.
(This form is also obtained and must be submitted through the Orange
County Property Appraiser's office.) The completed form and a receipt
evidencing payment is then submitted to the Planning Division;
3. Statement that all requirements of any applicable restrictive covenants
have been met; and
4. Such other information as the Director of Development Services
determines is necessary to meet the applicable requirements of the Land
Development Code and Florida law.
H. A Final Certificate of Concurrency shall not be required in connection with the
approval of a proposed plat pursuant to the Lot Split Plan Review Process.
However, such approval of a proposed plat shall not create any exemption from
compliance with the requirements of Article IX of this Code. Approval of a
proposed plat pursuant to the Lot Split Plan Review Process shall not constitute a
development order or permit or other authorization to commence development
under this Code. Unless exempt under Section 9-4.B of Article IX of this Code, a
Final Certificate of Concurrency shall be required prior to the issuance of a
development order or permit or other authorization to commence development on
a lot platted pursuant to the Lot Split Review Process.
SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances, or parts of
resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
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SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or
portio? 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 City Commission of the City of
Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; 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 that 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 9. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this
day of
,2009.
ATTEST:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
. (SEAL)
I 2009
I 2009
I 2009
ADVERTISED
AND ADVERTISED
FIRST READING
SECOND READING AND ADOPTED
I 2009 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO
FORM AND LEGALITY this day of , 2009.
FOLEY & LARDNER By:
City Attorney
10
6 ~~GS c\
Copy of Public Hearing Advertisement
Date Published
Orlando Sentinel
SUNDAY, JUNE 7, 2009 05
Advertisement
CITY OF oem.
PUBLIC HEARING
A Public Hearinq before the
Dcase City Commission will be
held Tuesday, June 16, 2009,
at 7:15 p,m. or as soon
thereafter as may be heard,
in the CommiSSIon Cham-
bers of Citv Hall at 150
North Lakeshore Drive,
Ocoee, Florida, .to consider
the following: '.'
AN OROIN OF THE CITY OF
. RELATING TO
HE CODE OF OR-
CITY OF OCOEE
LAND DEVELOp.
NOING SUBSEC-
E IV OF
ISE THE
(
t
o
a
tE
v
If a person. decides to ap. a
peol any decision made by t"
the above City Commission ~
with respect to any matter r
considered at such hearing, i
they will need a record of t
the proceedings, and for t
such purpose they may
need to ensure that a verba- I
tim record of the proceed-
ings is mede, which record
includes the festimony and
evidence upon which the OP-
peal is to be based.
All interested porties are in-
vited to attend and be heard
with respect to the above.
I n accordance with the A-
mericcns with Disabilities
Act, persons needing a spe..
cia4 accommodation or an
interpreter to participate in
this proceeding should con-
tact the City Clerk', office
ot 407-905-3105 at least two
days prior to the date of
hearing,
THE PROCESS FOR LOT SPLIT
PLAN REVIEW; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
CODIFICATION: PROVIDING FOR
AN EFFECTIVE DATE.
Beth Eikenberrv Citv Clerk
PUSLlCATION DATE:
June 7, 2009
OSq92746
ORANr.F r.mINTV NnTIr.E OF