10-13-2008 Agenda Packet Center of Good Li
Mayor Abe 14 Commissioners
S. Scott Vandergrift ,V, . ® — „� Gary Hood, District 1
' Rosemary Wilsen, District 2
City Manager Rusty Johnson, District 3
Robert Frank Joel F. Keller, District 4
PLANNING AND ZONING COMMISSION
(LOCAL PLANNING AGENCY)
October 13, 2009 AGENDA 7:00 PM
CALL TO ORDER
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
II. CONSENT AGENDA
A. Minutes of the Planning and Zoning Commission
Meeting held September 8, 2009
III. OLD BUSINESS
IV. NEW BUSINESS
A. Changes to the Ocoee Land Development Code Public Hearing
1. Changes to Section 7 -2A, 7-4A, 7 -5A, 7 -6A BUILDING OFFICIAL WASHINGTON
of Part IA of Article VII of Chapter 180
V. MISCELLANEOUS
A. Project Status Report
B. October Calendar
VI. ADJOURNMENT
O: \P & Z\Agendas\2009 \Oct 13, 2009 P & Z Agenda.doc
NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee
Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record
of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and
evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come
before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any
of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905 -3105, 48 hours in
advance of the meeting.
City of Ocoee • 1 50 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoee.tl.us
MINUTES OF THE PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MEETING HELD TUESDAY, SEPTEMBER 8, 2009
CALL TO ORDER
Chairman Sills called the meeting to order at 7:00 p.m. Following a moment of
silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared
present.
Chairman Sills announced that Member Rhodus' Mother recently passed away
and funeral services are tomorrow.
PRESENT: Chairman Sills, Vice Chair Golden, Members Dillard, McKey, Morris,
and West. Also present were Assistant City Attorney Watson,
Development Services Director Shadrix, Deputy Development
Services Director/CRA Administrator Wagner, Principal Planner
Fabre, Principal Planner Rumer, and Deputy City Clerk Sibbitt.
ABSENT: Members Campbell, Conkling, and Rhodus were absent excused.
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Meeting held on Tuesday,
August 11, 2009.
Member West, seconded by Member McKey, moved to accept the Minutes of the
August 11 2009 Planning and Zoning Commission meeting. Motion carried
unanimously.
OLD BUSINESS — None
NEW BUSINESS
Shoppes at the Village — Small Scale Comprehensive Plan Amendment &
Rezoning
Principal Planner Fabre gave a brief presentation on the subject property stating
that the property is located on the northwest corner of Silver Star Road and
Bluford Avenue.
The applicant/owner is requesting a Small -Scale Comprehensive Plan
Amendment which consists of classifying the subject parcel of land from "Low
Density Residential" to "Commercial". As well as requesting a rezoning of R-1AA
to C-2. Principal Planner Fabre briefly gave a description of the surrounding
area.
t
Planning and Zoning Commission Meeting
September 8, 2009
The applicant has submitted a small-scale site plan for construction of a 6,400
square feet commercial building. Because small-scale site plans are
administratively reviewed, the P&Z and City Commission will not be acting on the
Site Plan approval. Principal Planner Fabre displayed exhibits of the proposed
building with elevations.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) met on August 27, 2009, and
reviewed the Small -Scale Comprehensive Plan Amendment and Rezoning for
Shoppes at the Village's property. When the discussion was finished, the DRC
voted unanimously to recommend approval of the Small -Scale Comprehensive
Plan Amendment ("Low Density Residential' to "Commercial") and Rezoning
(Single -Family Dwelling "R-1AK to Community Commercial "C-2"), subject to
resolving the comments mentioned at the DRC meeting and conveyance of the
10-foot wide right-of-way prior to the City Commission meeting.
STAFF RECOMMENDATION
Based on the recommendation by the DRC, staff recommends that the Planning
and Zoning Commission recommend approval of the Small -Scale Comprehensive
Plan Amendment ("Low Density Residential' to "Commercial") and Rezoning
(Single -Family Dwelling "R-1AX to Community Commercial "C-2"), subject to
resolving the comments mentioned at the DRC meeting and conveyance of the
10-foot wide right-of-way prior to the City Commission meeting.
Principal Planner Fabre stated they had some neighbors who had seen the
postings and asked about the project, but they were very receptive to the project
and did like what was proposed.
DISCUSSION
Member Mckey inquired if there was a possibility of an adjoining piece of land
being added to this parcel so that the project keep growing and be a larger
development at some point. Principal Planner Fabre stated he has spoken to
the property owners of the land he is referring too; however, they are not
developers so is not sure if they are thinking along that route. So far the
proposed development is self contained.
A brief discussion ensued regarding the improvement of Cumberland Avenue.
Vice Chair Golden stated there are really no turn lanes and inquired as to what
would be provided. Principal Planner Fabre stated there is already a turn lane,
which is a non -protected center lane, and it is already being used by the current
residents that live off of Cumberland Avenue.
Planning and Zoning Commission Meeting
September 8, 2009
The Public Hearing was opened for Shoppes at the Village.
Ed Avellaneda, Civil Engineering Group, stated they are available to answer
questions and are in favor of the staff report presented tonight.
The Public Hearing was closed for Shoppes at the Village.
Vice Chair Golden inquired about the area and feels that it should have been
commercially zoned. He further inquired if there is any history as to why it is not
zoned commercial. Principal Planner Fabre stated that they usually use the
Land Use Map to take into consideration what is existing out there and there may
have been a home on the property at one point which is why that property was
designated Low Density Residential. A brief discussion ensued about the possible
history of that property.
Member Dillard, seconded by Chairman Sills, moved to recommend approval of
the Small -Scale Comprehensive Plan Amendment ("Low Density Residential' to
"Commercial") and Rezoning (Single -Family Dwelling "R-IAA" to Community
Commercial "C-2' for Shoppes at the Village, subject to resolving the comments
mentioned at the DRC meeting and conveyance of the 10-foot wide right-of-way
prior to the City Commission meeting. Motion carried unanimously_
Woomer Propertv — Annexation & Rezoning
Principal Planner Rumer announced that the next two items he will be
presenting are neighbors who live adjacent to each other. He further explained
the Woomer Property had their well tested by DEP and high levels of arsenic were
detected. Due to the emergency of needing water, the City quickly connected a 2-
inch line to their property. After the Woomer Property tested for high levels of
arsenic, the adjacent properties decided to also test their water source which
resulted in the Crane Property having the same results. Principal Planner
Rumor stated that the State is actually paying for these two residents to hook up
to the City's water and for their annexation/rezoning process. Both properties are
currently receiving City water service. He further gave a brief presentation of the
properties as well as the adjoining properties being annexed in the near future.
Member West inquired as to why that area would have tested high in arsenic.
Principal Planner Rumor stated he believes it was the citrus trees that were
located in that area before the homes were built. Member McKey inquired if the
properties toward the south were also tested. Principal Planner Rumor stated
that DEP did test those properties as well.
Planning and Zoning Commission Meeting
September 8, 2009
The Public Hearing was opened for Woomer Property. As no one wished to
speak the Public Hearing was closed.
Vice Chair Golden, seconded by Member West, moved to recommend approval
of the annexation of the 1.24+/- acres of land known as the Woomer Property, and
rezoning to "R-IA" Single -Family Dwelling District. Motion carried unanimously.
Crane Property — Annexation & Rezoning
Principal Planner Rumer stated the discussion from the Woomer Property will be
carried forward.
The Public Hearing was opened for Crane Property. As no one wished to
speak the Public Hearing was closed.
Member West, seconded by Chairman Sills, moved to recommend approval of
the annexation of the 232 First Street known as the Crane Property, and rezoning
to "R-IA" Single -Family Dwelling District. Motion carried unanimously.
MISCELLANEOUS
Development Services Director Shadrix announced that they are planning to
have a joint meeting with the CRA Board and Planning & Zoning Commission for
October 6th. They would like to go over the progress thus far in their initial studies
relating to the overlays to the CRA and also get feedback. He further briefly
discussed the standards they would like to create and the areas they are looking
to start with.
Deputy Development Services Director/CRA Administrator Wagner added
that the meeting Mr. Shadrix just addressed will take place at 6pm before the
Regular Commission meeting. They also plan to put the CRA Budget on that
agenda. He further announced that on Founder's Day they will have a booth with
some display boards, hand-outs and they will also be doing a citizen survey to get
input on the CRA. Chairman Sills asked for clarification inquiring if money is
being contributed to the CRA every year. Deputy Development Services
Director/CRA Administrator Wagner stated the money is part of what is called
the TIF (Tax incremental Financing) and each year the properties that are within
the CRA have a portion of the taxes come from the City and the other half from
the County. The money goes into a trust fund but has to be spent on activities
that relate to the CRA. Member Dillard inquired if they know roughly how much is
in the TIF fund. Deputy Development Services Director/CRA Administrator
Wagner stated this year they are getting roughly $800,000 which is slightly lower
than last year. Further discussion ensued regarding the CRA and the gateway
into the City.
4
Planning and Zoning Commission Meeting
September 8, 2009
Vice Chair Golden stated that he received an e-mail about the City broadcasting
the City Commission and Code Enforcement Board meeting. He further inquired
as to why the Planning & Zoning Commission was left out. Development
Services Director Shadrix stated he would also like for this board to be
broadcasted and was shocked to find out it was not on the list.
ADJOURNMENT
The meeting adjourned at 7:37 p.m.
Attest:
APPROVED:
Melanie Sibbitt, Deputy City Clerk Jim Sills, Chairman
ITEM NUMBER IV. A.
PUBLIC HEARING
LDC AMENDMENT
1. Changes to Section 7-2A, 7-4A, 7-5A, 7-6A of Part
IA of Article VII of Chapter 180
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
_ , enter of Good j ;,-.
STAFF REPORT
DATE: October 6, 2009
TO: The Planning & Zoning Commission
FROM: Jim Washington, Building Official G%~
Commissioners
Gary Hood, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
SUBJECT: Changes to City of Ocoee Land Development Code (LDC)
Change in Part IA of Article VII Sections 7-2A, 7-4A, 7-5A 7-6A
Relating to Federal Emergency Management Agency's
National Flood Insurance Program Requirements
ISSUE:
Should the Planning & Zoning Commission recommend approval of amendments to the Land
Development Code (LDC) relative to Sections 7-2A, 7-4A, 7-5A and 7-6A of Part IA of Article
VII of Chapter 180 relating to the Federal Emergency Management Agency's National Flood
Insurance Program requirements?
BACKGROUND:
GENERAL: The city was notified by Ms. Deborah Ingram, Acting Federal Emergency
Management Agency (FEMA) Deputy Assistant Administrator for Mitigation, to review our
current floodplain ordinance for compliance with 44 Code of Federal Regulations Section
60.3(d) of the National Flood Insurance Program (NFIP). If our ordinance was found in non-
compliance, F.E.M.A. may suspend the city from the NFIP.
CONSISTENCY WITH FEDERAL REGULATIONS: Our ordinance was submitted to the
FEMA Regional Office in Atlanta for review and changes were requested. Ms. Dorothy
Watson of Foley & Lardner LLP has updated the floodplain ordinance and has been in contact
with FEMA to insure compliancy with Federal Regulations.
DISCUSSION: With direction from the City Attorney, to expedite this process, the first reading
was held on the October 6th City Commission meeting. The Floodplain ordinance is part of
the Ocoee Land Development Code and as such this proposed change must be presented to
the Planning and Zoning Commission prior to City Commission's second reading/public
hearing. The evaluation by the Planning and Zoning Commission at the October 13, 2009,
meeting will be presented as the recommendation at the second reading which will be held on
October 20, 2009, City Commission meeting.
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission provide a recommendation of
adoption of Ordinance # 2009-028.
Attachment:
Ordinance #2009-028
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND
DEVELOPMENT CODE; AMENDING SECTIONS 7-2A, 74A, 7-
5A, AND 7-6A OF PART IA OF ARTICLE VII OF CHAPTER 180
OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE IN
ORDER TO COMPLY WITH THE REQUIREMENTS OF THE
FEDERAL EMERGENCY MANAGEMENT AGENCY'S
NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Department of Homeland Security's Federal Emergency
Management Agency ("FEMA") requires localities to adopt flood plain management provisions
that satisfy 44 Code of Federal Regulations Section 60.3(d) of the National Flood Insurance
Program ("NFIP") Provisions to ensure ongoing participation in the NFIP; and
WHEREAS, FEMA has requested that we make certain revisions to Part IA of Article
VII of Chapter 180 of the Code of Ordinances in order to satisfy the requirements of NFIP;
WHEREAS, the City wishes to comply with the FEMA requirements so as to continue
its participation in the NFIP so as to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas.
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. Part IA of Article VII of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida is hereby amended to read as set forth on Exhibit "A" attached hereto and
incorporated herein by reference (deletions are noted by strike -through and additions are noted by
double underlining).
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
ORLA_1413723.4
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
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2009.
FOLEY & LARDNER LLP
am
City Attorney
day of 52009.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2009
READ FIRST TIME , 2009
READ SECOND TIME AND ADOPTED
,2009
UNDER AGENDA ITEM NO.
ORLA_1413723.4 -2-
EXHIBIT "A"
(Part IA of Article VII of Chapter 180 of the Code of Ordinances)
§ 7-1A. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES.
A. Statutory Authorization.
The legislature of the State of Florida has in Florida Statutes delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City Commission of Ocoee, Florida, does ordain
as follows:
B. Findings of Fact.
(1) The flood hazard areas of the City of Ocoee are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety and general
welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by
uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -
proofed, or otherwise unprotected from flood damages.
C. Statement of Purpose.
It is the purpose of this Section to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase erosion or
flood damage, and;
ORLA_1413723.4 -3 -
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
D. Objectives.
The objectives of this Section are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) To help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas, and;
(7) To insure that potential home buyers are notified that property is in a flood area.
§ 7-2A. DEFINITIONS.
A. Unless specifically defined below, words or phrases used in this Section shall be
interpreted so as to give them the meaning they have in common usage and to give this Section
its most reasonable application.
(1) Addition (to an existing building): Any walled and roofed expansion to the perimeter of
a building in which the addition is connected by a common load -bearing wall other than a fire
wall. Any walled and roofed addition which is connected by a fire wall or is separated by
independent perimeter load -bearing walls is new construction.
(2) Appeal: A request for a review of the Building Official's interpretation of any provision
of this Section or a request for a variance.
(3) Area of Shallow Flooding: A designated AO or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
(4) Area of Special Flood Hazard: The land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
(5) Base Flood: The flood having a one percent chance of being equaled or exceeded in any
given year.
ORLA_1413723.4 4-
(6) Basement: That portion of a building having its floor subgrade (below ground level) on
all sides.
(7) Breakaway Wall: A wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
(8) Building: Any s+,., ewe-e built for support, shelteor- e suFe for- any ,,,.,.,,,.,a,,ey or
storage. See structure.
M Development: Any man-made change to improved or unimproved real estate.
including but not limited to buildings or other structures, mining, dredging, fillip
grading, paving, excavation or drilling operations or storage of equipment or materials.
1UO (9)-Elevated Building: A non -basement building built to have the lowest floor elevated
above the ground level by means off solid foundation perimeter walls, pilings, columns (posts
and piers), shear walls or breakaway walls.
1Ul O*Flood or Flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
U22 04)-Flood Hazard Boundary Map (FHBM): An official map of a community, issued
by the Federal Emergency Management Agency, where the boundaries of the areas of special
flood hazard have been defined as Zone A.
1L3 (14Flood Insurance Rate Map (FIRM): An official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
U44 (WFlood Insurance Study: is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
1L5 O*Floodway: The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
W OWN
�.
e.
ORLA_1413723.4 -5-
(16) Functionally Dependent Facility: A facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding; or ship
repair, or seafood preeess „g facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
(17) Highest Adjacent Grade: The highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
1M Historic Structure: Any structure that is:
Ua Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register:
(b Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
Oc Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior: or
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior or
2. Directly by the Secretary of the Interior in states without approved programs.
1�9 Lowest Floor, The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles. building
access or storage in an area other than a basement area is not considered a building's
lowest floor; Provided. that such enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of Sec. 60.3.
2�Q 04)-Mangrove Stand: An assemblage of mangrove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ground and which
contain one or more of the following species: black mangrove (Avicenna nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta).
221 ()-Mean Sea Level: The average height of the sea for all stages of the tide. It is used
as a reference for establishing various elevations within the flood plain. For purposes of this
Section, the term is synonymous with National Geodetic Vertical Datum (NGVD).
222 (28)-Manufactured Home: A structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent foundation
ORLA_1413723.4 -6-
when connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for 180 consecutive days or longer and intended
to be improved property.
2�3 (N+National Geodetic Vertical Datum (NGVD): As corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the flood plain.
224 ( }New Construction: Structures for which the "start of construction" commenced on
or after the off etive date of this Seel;,,, September 19.1978.
2L5 (2-3)-Start of Construction: For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P. L. 97-348), includes substantial
improvement, and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was within 180 days of the permit date. The
actual start means the first placement of permanent construction of a structure (including a
manufactured home) on a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure.
2�6 (24)-Structure: A walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home, a gas or- liquid storage tank, of
other- man made aeilif;os Ae „frast.fuEtures.
2Z7 Substantial Damage: Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
2�8 (25)-Substantial Improvement: Any combination of repairs, reconstruction, alteration,
or improvements to a structure, taking place during the life of a structure (eighty (80) year
period), in which the cumulative cost equals or exceeds fifty percent of the market value of the
structure. The market value of the structure should be (1) the appraised value of the structure
prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of
the structure prior to the damage occurring. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include any project for improvement of
a structure required to comply with existing health, sanitary, or safety code specification which
are solely necessary to assure safe living conditions.
2M (My Variance: Is a grant of relief from the requirements of this ordinancewhiek Permits
would result in wmeeessar-y hardsh�p.
ORLA_1413723.4 -7-
§ 7-3A. GENERAL PROVISIONS.
A. Lands To Which This Section Applies.
This Section shall apply to all areas of special flood hazard within the jurisdiction of the City of
Ocoee, Florida.
B. Basis For Establishing The Areas of Special Hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in
"The Flood Insurance Study for the City of Ocoee, Florida," dated 1 May, 1978, with
accompanying maps and other supporting data, and any revision thereto, are adopted by reference
and declared to be a part of this Code.
C. Establishment of Development Permit.
A Development Permit shall be required in conformance with the provisions of this Section prior
to the commencement of any development activities.
D. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally altered without
full compliance with the terms of this Section and other applicable regulations.
E. Abrogation and Greater Restrictions.
This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Code and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
F. Interpretation.
In the interpretation and application of this Section all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body, and;
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Warning and Disclaimer of Liability.
The degree of flood protection required by this Section is considered reasonable for regulatory
purposes and is based on scientific and engineering consideration. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
Section does not imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. This Section shall not create
liability on the part of the City of Ocoee or by any officer or employee thereof for any flood
ORLA_1413723.4 -8-
damages that result from reliance on this Section or any administrative decision lawfully made
thereunder.
H. Penalties for Violation.
Violation of the provisions of this Section or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a misdemeanor. Any person who violates this
Code or fails to comply with any of its requirements shall, upon conviction thereof, be fined not
more than $500.00 or imprisoned for not more than 30 days, or both, and in addition, shall pay
all costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall prevent the City of Ocoee from
taking such other lawful action as is necessary to prevent or remedy any violation.
§ 74A. ADMINISTRATION.
A. Designation of Building Official.
The Building Official is hereby appointed to administer and implement the provisions of this
Section of Article VII.
B. Permit Procedures.
(1) Application for a Development Permit shall be made to the Building Official on forms
furnished by him or her prior to any development activities, and may include, but not be limited
to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage of materials,
drainage facilities, and the location of the foregoing. Specifically, the following information is
required:
(a) Application Stage.
1. Elevation in relation to mean sea level of the proposed lowest floor (including basement)
of all structures;
2. Elevation in relation to mean sea level to which any non-residential structure will be
flood -proofed;
3. Certificate from a registered professional engineer or architect that the non-residential
flood -proofed structure will meet the flood -proofing criteria in Article 5, Section B (2);
4. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development, and;
(b) Construction Stage.
ORLA_1413723.4 -9-
(2) Provide a floor elevation or flood -proofing certification after the lowest floor is
completed, or in instances where the structure is subject to the regulations applicable to Coastal
High Hazard Areas, after placement of the horizontal structural members of the lowest floor.
Upon placement of the lowest floor, or flood -proofing by whatever construction means, or upon
placement of the horizontal structural members of the lowest floor, whichever is applicable, it
shall be the duty of the permit holder to submit to the Building Official a certification of the
elevation of the lowest floor, flood -proofed elevation, or the elevation of the lowest portion of
the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation
to mean sea level. Said certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same. When flood -proofing is
utilized for a particular building, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. Any work undertaken
prior to submission of the certification shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by the permit holder immediately and
prior to further progressive work being permitted to proceed. Failure to submit the survey or
failure to make said corrections required hereby, shall be cause to issue a stop -work order for the
proj ect.
C. Duties and Responsibilities of the Building Official.
Duties of the Building Official shall include, but not be limited to:
(1) Review of all development permits to assure that the permit requirements of this Code
have been satisfied;
(2) Advise permittee that additional federal or state permits may be required, and if specific
federal or state permit requirements are known, require that copies of such permits be provided
and maintained on file with the development permit.
(3) Notify adjacent communities and the Department of Community Affairs prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
(4) Assure that mainten within the altered or
relocated portion of said watercourse so that the fleed eeity is not dims ished:s
maintained.
(5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures.
(6) Verify and record the actual elevation (in relation to mean sea level) to which the new or
substantially improved structures have been flood -proofed.
(7) When flood -proofing is utilized for a particular structure, the Building Official shall
obtain certification from a registered professional engineer or architect.
ORLA_1413723.4 _ 1 0_
(8) Where interpretation is needed as to the exact location of boundaries of the areas of
special flood hazard (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions) the Building Official shall make the necessary
interpretation. The person contesting the location of the boundary shall be given reasonable
opportunity to appeal the interpretation as provided in this Article.
(9) When base fleed elevation data or fleedway data have not been previded, the The
Building Official shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source to ensure compliance with this
Part.
(10) All records pertaining to the provisions of this Code shall be maintained in the office of
the Building Official and shall be open for public inspection.
(U1 Review proposed development to assure that all necessary permits have been
received from those governmental agencies from which approval is required by Federal or
State law, including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972,33 U.S.C.1334.
D. Variance Procedures.
(1) The City Commission shall hear and decide appeals and requests for variances from the
requirements of this Code after receiving a recommendation from the Board of Adjustment.
(2) The City Commission shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Building Official in the enforcement or
administration of this Code.
(3) Any person aggrieved by the decision of the City Commission or any taxpaycr may
appeal such decision to the Circuit Courts as provided in Florida Statutes.
(4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places
without regard to the procedures set forth in the remainder of this section, and provided the
proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its
historical designation.
(5) In passing upon such applications, the City Commission shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this Code, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger of life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
ORLA_1413723.4 -11-
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
0) The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site, and;
(k) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical.
(6) Upon consideration of the factors listed above, and the purposes of this Section, the City
Commission may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this Code.
(7) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(8) Conditions for Variances:
(a) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and in the instance of a hister4eal
builddingRhistroriie structure, a determination that the variance is the minimum necessary so as not
to destroy the historic character and design of the building;
(b) Variances shall only be issued upon:
A showing of good and sufficient cause,
2. A determination that failure to grant the variance would result in exceptional hardship,
and;
3. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on
or victimization of the public, or conflict with existing local laws or ordinances.
ORLA_1413723.4 -12-
(c) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation and the elevation to which the structure is to be built
and stating that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(d) The Building Official shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
§ 7-5A. PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. General Standards.
In all areas of special flood hazard the following provisions are required;
(1) New construction and substantial improvements shall be anchored to prevent floatation,
collapse erand lateral movement of the structure;
(2) Manufactured homes shall be elevated and anchored to prevent floatation, collapse,
erand lateral movement. Methods of anchoring may include, but are not limited to, use of over -
the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces.
(3) New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage;
(4) New construction Brand substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(6) New and replacement sanitafy sewageMajgr u=p
=plysystems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters;
(8) On -site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a structure which is in
compliance with the provisions of this Section, shall meet the requirements of "new
construction" as contained in this Code;
ORLA_1413723.4 _ 13-
(c) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation and the elevation to which the structure is to be built
and stating that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(d) The Building Official shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
§ 7-5A. PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. General Standards.
In all areas of special flood hazard the following provisions are required;
(1) New construction and substantial improvements shall be anchored to prevent floatation,
collapse efand lateral movement of the structure;
(2) Manufactured homes shall be elevated and anchored to prevent floatation, collapse,
erand lateral movement. Methods of anchoring may include, but are not limited to, use of over -
the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces.
(3) New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage;
(4) New construction erand substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(6) New and replacement sanitffy sewagewater sunnly systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters;
(8) On -site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a structure which is in
compliance with the provisions of this Section, shall meet the requirements of "new
construction" as contained in this Code
ORLA_1413723.4 -13 -
3. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
(b) Electrical, plumbing, and other utility connections are prohibited below the flood
elevation;
(c) Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the living area (stairway or elevator); and
(d) The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms.
(4) Floodways.
Located within areas of special flood hazard established in this Article are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles and has erosion potential, the following provisions shall
apply:
(a) Prohibit encroachments, including fill, new construction, substantial improvements and
other developments unless certification (with supporting technical data) by a registered
professional engineer is provided demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of the base flood discharge;
(b) If Article V, Section B (4) (a) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this Article.
(c) Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured homes (mobile homes) park or subdivision. A replacement manufactured home
may be placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards of this Article are met.
C. Standards for Streams Without Establishment of Base Flood Elevations man
Floodways-
Located within the areas of special flood hazard established in this Article where small streams
exist but where no base flood data have been provided or where no floodways have been
provided, the following provisions apply:
(1) No encroachments, including fill material or structures shall be located within a distance
of the stream bank equal to two (2) times the width of the stream at the top of the bank or twenty
feet each side from top of bank, whichever is greater, unless certification by a registered
professional engineer is provided demonstrating that such encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
ORLA_1413723.4 -15-
(2) New construction erand substantial improvements of structures shall be elevated or
flood -proofed to elevations established in accordance with this Article.
D. Standards for Subdivision Proposals.
V A"A - AA- - iai Aa AAaauv
(2)
hail have -ubutilities.a
fiwilifies e
All subdivision
proposals .
loeated
to minifnize flood damage;
and water
systems and eensinaeted
flood hazards,eleetrieal
(3) All subdivision
proposals shall have adequate
;
drainage provided to r-eduee ex-poswe
to
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including manufactured home parks and subdivisions) which is greater than the
lesser of fifty lots or five acres.
E. Standards for Areas of Shallow Flooding (AO) Zones.
Located within the areas of special flood hazard established in this Article are areas designated as
shallow flooding areas. These areas have special flood hazards associated with base flood depths
of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of
flooding is unpredictable and indeterminate; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures shall have the
lowest floor, including basement, elevated teat least as high as the depth number specified on
the Flood Insurance Map, in feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the
highest adjacent grade.
(2) All new construction and substantial improvements of non-residential structures shall;
(a) Have the lowest floor, including basement, elevated teat least as high as the depth
number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If
no depth number is specified, the lowest floor, including basement shall be elevated at least two
(2) feet above the highest adjacent grade, or;
(b) Together with attendant utility and sanitary facilities be completely flood -proofed to or
above that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
3) All new construction and substantial junlijovements of non-residential structures
shall have adequate drainage paths to guide flood waters around and away from proposed
structures.
ORLA_1413723.4 -16-
ORLA_1413723.4 _ 17_
ITEM NUMBER V.
MISCELLANEOUS
A. Project Status Update
B. October Calendar
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