Ordinance 2009-019 Amending LDC
ORDINANCE NO. 2009-019
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
Development Code; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee
Plannipg 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' Comprehensive 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
Ordinance 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 Chanter 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 Subdivision Plat Review Process set forth in this section is
intended to provide for adequate review of subdivisions having few lots and that
do not require dedication of streets or 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 developments.
. B. When an applicant proposes to subdivide property, this Short-form Subdivision
Plat Review 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 fewer;
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 c1assification(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;
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6. The initial subdivision is not part of a future larger development but may
be a replat of a lot or lots that are part of an existing larger development;
7. The lots meet all applicable Land Development Code requirements; and
8. There are no special circumstances existing that result in the Director of
Development Services determining the proposed plat should not be
processed under the Short-form Subdivision 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 adjacent 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 Development Services and the City Engineer or their
designated representatives at a pre-application conference, at which time the
applicant may outline hislher intentions for the property and can become familiar
with the procedure for the Short-form Subdivision Plat 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 Short-form Subdivision Plat Review Process.. as set
forth in Section 4-4.1.B, 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 short-
form plat 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.
D. If, following the pre-application conference, the applicant decides to continue,
then an Application for Short-form Subdivision Plat Review shall be submitted by
the Applicant to the Planning Division along with ten (10) paper copies of the
proposed plat, the applicable submittal fee, the form(s) established by the City for
the purpose of processing such applications with the standard information
required.. and such other information as may be required by the Director of
Development Services. 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
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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 Planning Division, 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 that, in the opinion of the
Development Review Committee, should disqualify the proposed plat from being
processed under the 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 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
determines that the proposed plat is not eligible for review under the Short-form
Subdivision Plat Review Process, then the application fee shall be returned to the
applicant, who shall be advised to resubmit the proposed plat in compliance with
Section 4-4 hereof, including those requirements related to Preliminary
Subdivision Plans and Final Subdivision Plans.
If the Director of Development Services determines that the proposed plat should
be processed under the Short-form Subdivision Plat Review Process, then the
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 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 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 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 6-1O.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
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.
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G. After the Director of Development Services approves the proposed plat, the
Director 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
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 Engineering Department; aBti
3. Statement that all requirements of any applicable restrictive covenants
have been met; and
4. Such other information as the Director determines is necessary to meet the
applicable requirements of the Land Development Code and Florida law.
H. All property owners adjacent 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 include the date,
time and place at which the City Commission will consider the proposed plat. No
other public notice shall be required.
I At the meeting during which the proposed plat is considered, the City Commission
shall approve, 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.
J. 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.
K. A Final Certificate of Concurrency shall not be required in connection with the
approval of a proposed plat pursuant to the 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 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 9-4.B of
Article IX of this Code, a Final Certificate of Concurrency shall be required prior
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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 Chanter 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:
~ 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 review 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:
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;
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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 Development 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.
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.
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If the Director of Development Services determines that the proposed plat should
be processed under the Lot Split Plan Review 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 Review 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
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
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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.
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 City Commission of the City of
Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of
Ordin~ces 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.
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SECTION 9. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
. PASSED AND ADOPTED this \ (Q4h day of JU.,V\ e..-
,2009.
ATTEST:
~~-
(SEAL)
CITY OF OCOEE, FLORIDA
::F ~JA' L~~ 1
s. Scott Vandergrift, Mayor e
ADVERTISED -:Io.",.e,. -, I 2009
FIRST READING -:Jl...lYll""" -l. I 2009
SECOND READING AND ADOPTED
-:::r U.:I\t"'" l t.o , I 2009 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO
FORM AND LEGALITY this I ~'*' -!F of W
FOLEY & LARDNER[J/ By: I!&J '5
City Attorney
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