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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. 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