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Home My WebLink AboutO-97-38 '. ORDINANCE NO. 0-97-38 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-16.2. AND 20A- 16.4. OF THE LAND DEVEWPMENT CODE REGARDING PROCEDURES RELATING TO mE SUBDIVISION OF LAND BY SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR THE CITY CLERK, CITY ENGINEER, CITY COUNCIL, AND DESIGNATED STAFF OR REVIEWING ENTITY, BY INCLUDING THE DEVELOPER'S AGENT AND BY CLARIFYING THE PLANNING AND ZONING COMMISSION RECOMENDATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures relating to the subdivision of land by substituting Community Development Director for City Clerk, City Engineer, City Council and designated staff, by including the developer's agent, and clarifying the Planning and Zoning Commission's recommendation; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-16.2. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.2. General administration. A. Staff administrative review responsibility. The Community Development Director shall administer the provisions of this ordinance. ***** 1 Section 2. Section 20A-16.4.A. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.4. Major subdivision procedures. ***** 1. Application. The subdivider shall submit a written preapplication to the community development director for review by staff The preapplication shall contain the following: ***** 2. Staff review. Upon receipt of a satisfactory completed statement, plan and fee, the community development director shall distribute copies to the city engineer and appropriate staff for review and comment. Pre-applications shall be reviewed within thirty (30) working days or sooner. Any opinion set forth by the staff shall be advisory only. ***** Section 3. Section 20A-16.4.B. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.4. Major subdivision procedures. ***** 3. Filing fee. Upon filing the preliminary plat with the Community Development Director, the applicant shall submit a fee which shall be determined by the resolution of the city council, payable to the 2 '. City of Sebastian. The fee is not reimbursable but is to help defray the cost of administering and processing the preliminary plat. If more than one resubmittal of a corrected or revised preliminary plat is required by the Community Development Director; an additional fee shall be charged for each resubmittal as shall be determined by resolution of the city council. 4. Review procedures. The Community Development Director shall coordinate the review of the preliminary plat and supplemental information as to their completeness and specific conformance with this ordinance and with a time period to be determined by resolutions of the city council. The Community Development Director shall inform the developer's engineer or agent whether the plans and/or plat as submitted meet the general provisions of this ordinance. The timing of review procedures and requirements governing the number of documents to be submitted and related fees, shall be determined by resolution of the city council: a. When the staff finds that the preliminary plat and required data do not meet provisions of this ordinance, the applicant shall be so advised in writing as soon as practicable concerning what corrections or revisions are necessary to meet the provisions of this ordinance. Upon receipt of such findings, the applicant shall make the corrections or revisions and resubmit the preliminary plat and required data 3 '. to the Community Development Director for review of the amended plan. b. When the Community Development Director with the concurrence of the city engineer determines that the preliminary plat and required data meet the provisions of this ordinance, such written recommendations shall be submitted to the applicant and the subdivision application will be scheduled for the next step or steps in the review process. c. Subsequent to receIvmg a staff recommendation, the application shall be scheduled for the next available regular meeting of the planning and zoning commission. Prior to the commission's review, the applicant shall submit copies of the preliminary plat and required data to the community development director. The number of copies to be submitted shall be established by the Community Development Director. The planning and zoning commission may consider the physical characteristics of the property, the availability of community services, traffic impact, economic impacts, appropriateness of the type and intensity of the proposed development, existing and future development, existing and future development patterns, zoning, relationship of the project to the city's capital 4 improvements program, or such other factors as may relate to the comprehensive plan or elements thereof The planning and zoning commission shall make a written recommendation to the City Council on the development which shall be included in the public record of the subdivision hearing. ***** Section 4. Section 20A-16.4.F. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.4. Major subdivision procedures. ***** 1. Review by staff. The Community Development Director, the city engineer through the Public Works Department, and city attorney shall examine the final plat as to its compliance with the Constitution and Statutes of the State of Florida and the ordinances of the City of Sebastian and shall in writing, within thirty (30) days, or at such other time as shall be determined by resolution of the city council, report their findings, recommendations or approval to the applicant. Such action shall be specified in writing: ***** b. If the final plat meets the prOVIsIons of this ordinance, complies with the Constitution and Statutes of the State of Florida and the ordinances of the City of Sebastian, the 5 '. Community Development Director shall recommend approval to the city council. ***** Section 5. Section 20A-16.4.G. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.4. Major subdivision procedures. ***** F . Final plat recording requirements. The final plats for subdivisions within the incorporated area of the city shall not be recorded until the developer has installed the required improvements or has guaranteed to the satisfaction of the city council that such improvements will be installed: 1. Completion of required improvements prior to final plat recording. In the event the developer exercises the right to construct and complete required improvements prior to recording of the final plat, the city staff shall have the right of entry upon the property to be platted for the purpose of inspecting and reviewing the construction of the required improvements during the progress of such construction. The applicant shall coordinate the construction with the city engineer through the Public Works Department. When the required improvements are complete, the final plat along with the records and data as herein prescribed shall be submitted by the applicant to the Community Development Director as provided for in this article. When all requirements of this ordinance have been 6 '. " complied with, the plat and a completion certificate, rendered on a form to be provided by the Community Development Director, shall be presented for review and approval to the city council by the Community Development Director, not later than thirty (30) days after receipt of the completion certificate. Upon such approval, the plat shall be submitted by the city clerk to the office of the clerk of the circuit court for recording. ***** Section 6. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 7. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. 7 .. " PASSED BY TIIE CITY COUNCIL OF TIIE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ./jk I , 1997. PASSED AND ADOPTED BY 1HE CITY COUNCIL OF 1HE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, TIll~1;AYOF 41997. The foregoing Ordinance was moved for adoption by Councilmember ~uk <-Pad The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard 1. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted thisc2rty of 1iVj ,1997. CITY OF SEBASTIAN, FLORIDA By: \N ~ \t:J ~~ .. . Walter W. Barnes, Mayor ~ATTE~F \~ri.Ll,,,/,,-- rll {! ~~~ ~^ V' ---...... Kathryn M. OHalloran, CMC/ AAE (Seal) 8 c. Approved as to Form and Content: U~~ Valerie Settles City Attorney 9 I. __