Loading...
HomeMy WebLinkAboutO-97-39 '\':4;& ~, ORDINANCE NO. 0-97-39 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-16.4. OF mE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO MAJOR SUBDIVISION PROCEDURES BY REQUIRING A PRE-APPLICATION MEETING AND REVISING THE REQUIRED INFORMATION TO BE PROVIDED AT THE PRE- APPLICATION MEETING, BY SUBSTITUTING PLAT FOR PLAN, BY REQUIRING COPIES OF INFORMATION PROVIDED TO BE IN A 8 Vi INCH BY 11 INCH FORMAT, BY REQUIRING A CONCEPTUAL MASTER STORMWATER PLAN FOR A PRELIMINARY PLAT, BY REQUIRING STATEMENTS OF COMPLIANCE, BY ELIMINATING THE REFERENCE TO REQUIRED IMPROVEMNTS IN THE PRELIMINARY PLAT, BY SUBSITUTING APPLICATION FOR APPLICANT, BY PROVIDING PROCEDURES FOR REQUIRED IMPROVEMENT DESIGN APPROVAL, BY PROVIDING FOR CITY COUNCIL APPROVAL OF A FINAL PLAT, BY AMENDING THE REQUIRED COMPLIANCE, BY MODIFING THE TIME RESTRICTIONS ON DEVELOPMENT, BY PROVIDING FOR THE APPLICATION OF FINAL PLAT APROVAL TO THE COMMUNITY DEVELOPMENT DEPARlMENT, AND BY ELIMINATING REFERENCE TO THE APPENDIX.; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures relating to major subdivision procedures by requiring a pre-application meeting and revising the required information to be provided at the pre-application meeting, by substituting plat for plan, by requiring copies of information provided to be in a 8 112 inch by 11 inch format, by requiring a conceptual master stormwater plan for a preliminary plat, by requiring statement of complacence, by eliminating the reference to required improvements in the preliminary plat, by substituting application for applicant, by providing for procedures for required improvement design approval, by providing for City 1 . . " ... Council Approval of the final plat, by amending the required compliance, by modifying the time restrictions on development, by providing for the application of final plat approval to the Community Development Department, and by eliminating reference to the appendix; 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, HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-16.4. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.4. Major subdivision procedures. A. pre-application procedures. Prior to making application for preliminary plat approval as specified in subsection 20A-16.4(B), the applicant for subdivision approval shall meet with the Community Development Director and the appropriate staff (collectively hereinafter referred to as staft) to discuss, informally, preliminary studies and sketches and their relationship to these regulations. This procedure is mandatory to provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds for preparing a preliminary plat. Applicants shall be subject to the procedures as provided herein: ***** a. Written statement. Copies of a written statement generally describing the condition of the site and the proposed development of the entire subdivision. This statement shall include, but is not necessarily limited to, data on existing covenants, location of utility facilities, general soil characteristics, description 2 . f' .' of wetlands, water courses or other environmental features, and information describing the subdivision proposal such as number of units, lot dimensions and areas, public areas, anticipated utility source and any other information considered pertinent. b. Sketch plan. Copies of a sketch plan including the following on a twenty- four-inch by thirty-six-inch sheet and 8 1/2 inch by 11 inch copy or such other size approved by the Community Development Director; a vicinity sketch showing the location of the land to be subdivided; approximate acreage; natural features such as low or wetland areas, streams, lakes or canals; identification of adjacent lands; a brief description of the land to be subdivided, name, telephone number and address of the applicant; date; north point; street, general lot and block layout; layout of all adjoining streets; comprehensive plan map designation and zoning classification of the tract and adjacent properties, location of existing improvements and any other significant features. c. Fee. A fee payable to the City of Sebastian is required with the pre- application, to help defray the cost of processing the pre-application. The fee shall be as determined by resolution of the city council. 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. 3 B. Preliminary plat procedures. The purpose of the preliminary plat is to present the proposed subdivision in an exact and precise manner in order that it may be evaluated pursuant to this code. The preliminary plat shall be completed and approved prior to the application for approval of the required improvements design required by these regulations: 1. Preparation of preliminary plat. The applicant shall retain the services of a civil engineer and/or land surveyor registered in Florida to prepare a preliminary plat of the proposed subdivision. The plat shall be clearly and legibly drawn or reproduced at a scale no smaller than one inch equals two hundred (200) feet and shall include the following information. Copies of all information submitted shall be provided in a 8 1/2 inch by 11 inch format. ***** 2. Required supplemental information. The following information shall be submitted with the preliminary plat: ***** c. Surface water management plan. A conceptual master stormwater management plan outlining the primary and secondary drainage facilities needed for the proper development of the subdivision shall be submitted as part of the subdivision application. ***** f Required potable water improvements. All preliminary plats shall include a statement describing how the proposed subdivision will comply with the 4 , . potable water supply and improvement requirements of subsections 20A- 17.1(0) and 20A-I0.2(J). g. Required wastewater improvements. All preliminary plats shall include a statement describing how the proposed subdivision will comply with the wastewater improvement requirements of subsections 20A-17.1(P) and 20A- 10.2(1). h. Erosion and sedimentation control improvements, All preliminary plats shall include a statement describing how the proposed subdivision will comply with the erosion and sedimentation control requirements of section 20A-17. 1 and standards contained in subsection 20A-1O.2(K). 1. Schedule of multiple phases if appropriate. If the proposed subdivision is of such size that its development will be undertaken in increments, those increments and their order shall be indicated. Where increments of high elevations are undertaken before those of lower elevation, ultimate stormwater disposal courses in the lower increments must be concurrently developed. ***** d. Subsequent to receiving recommendation(s) from the staff, the planning and zoning commission and other reviewing entities, the application shall be scheduled for a meeting of the city council. Prior to the city council's review the applicant shall submit to the Community Development Director the appropriate number of the subdivision preliminary plat and required data. The timing of the procedures for review by the city council shall be 5 , . established by resolution of the city council. During its review, the city council shall consider the written recommendations of the city staff, the planning and zoning commission, any other reviewing agencies, and presentations from the public. The city council may approve, approve with conditions or disapprove the preliminary plat and required data. When an application is disapproved, the city council shall state the reasons for disapproval and indicate what further actions, if any, by the applicant may be undertaken to secure the city council's approval. e. When a proposed development is a Development of Regional Impact (DR!) as defined by section 380.06, Florida Statutes, the public hearing requirements for a DR! shall be determined by the Florida Statutes. Copies of all plans, reports, maps and other documents required by the regional reviewing agency shall be submitted to the Community Development Director if the proposed development is a DR!. The number of copies shall be determined by the Community Development Director. f. Following approval of the preliminary plat and required data by the city council, the applicant shall be authorized to proceed with the application for approval of the required improvements design required by this ordinance. g. The city council may by resolution shorten or extend the review time for development reviews generally, and direct such shortening or extension for any given application, if the city council determines that such action is necessary and proper to the orderly and efficient processing of land development applications. 6 5. Temporary structures. Subdivision preliminary plans showing temporary structures or permanent structures having a temporary use shall be reviewed by the city staff within eighteen (18) months from the last approval date. Following approval of a subdivision master plan or site plan, such approved temporary structures may be erected prior to plan recording. All city permit requirements, including but not limited to city zoning regulations governing temporary structures, as amended, shall be satisfied. A mobile home may not be used as a temporary structure, except that mobile homes approved for use as temporary construction trailers may be considered for exemption from the application of said definition when fully bonded to assure removal. C. Required improvement design approval procedures. After the preliminary plat has been approved by the City Council, the applicant may apply for approval of the design of the required improvements. No construction shall be initiated until the required improvements design has been approved pursuant to this section. 1. Fee for construction design approval. Upon filing application for required improvements design approval, the applicant shall pay to the City of Sebastian a processing fee, the amount of which shall be determined by resolution of the city council in order to help defray the cost of processmg. 2. Timing of required improvements design approval submission. Application for required improvements design approval shall occur within twelve (12) months of the approval of the preliminary plat by the City 7 Council. Application for approval of subsequent phases, if any, shall occur with twelve (12) months of the issuance of a certification of completion of the previous phase. Failure to submit for required improvements design approval within a specified amount of time shall require reapplication under the preliminary plat section of this article. The applicant may not apply for construction design approval for any portion of the preliminary plat which he does not proposed to construct within the following twelve (12) months. Failure to make application for construction design approval within the required time periods may result in the revocation of a preliminary plat unless the applicant has applied for an extension from the City Council prior to the lapse. The request for the extension must be made in writing and filed with the Community Development Department a minimum of ninety (90) days prior to the expiration date. The applicant shall demonstrate good cause for the extension. The City Council shall consider the request at a meeting and may extend the prescribed time period up to twelve (12) months if the City Council finds that the applicant has progressed in good faith toward the implementation of the preliminary plat. 3. Contents of the application. Specification for all required improvements shall be submitted and subject to the standards set forth in Sec. 20A-17.2.4. Review by Staff. The Community Development Director shall distribute copies of the application and supporting data tothe 8 appropriate staff for review. The Community Development Director shall summarize the comments of the staff 5. Approval. The Community development Director must find that the proposed design of the required improvements are in compliance with the approved preliminary plat and the requirements of Sec. 20A-17.2. The Community Development Director with the concurrence of the City Engineer may approve, conditionally approve, or deny the application for construction design approval. Upon approval, the applicant may proceed with construction ofthe required improvements. Appeal of the action of the Community Development Director shall be made to the Planning and Zoning Commission. Such appeal shall be filed with the Community Development Department within ten (10) working days. The Community Development Director shall place the appeal on the agenda of the next Planning and Zoning Commission meeting. 6. Unconstructed previously approved plats. The approval of the required improvements design for plats approved prior to April 1, 1997 which have not been constructed shall follow the procedures in this section. D. Final plat procedures. As the final step in the review procedure for obtaining approval of a subdivision in the City of Sebastian, the developer shall have prepared and shall submit a final plat. No final plat shall be approved by the City Council and recorded until the required improvements have been installed or surety posted pursuant to subsections 20A-16.4(C)(5). The improvements including streets, drainage, and other required improvements shall be maintained 9 by the developer for a period of eighteen months after the completion of the construction of said required improvements. Any failure of any of the required improvements shall be repaired by the developer prior to acceptance by the City. No such required improvements including streets, drainage and other required facilities shall be accepted and maintained by the city unless and until the same have been duly inspected and approved by the Community Development Director with the concurrence of the city engineer and have also been approved and accepted for maintenance by the city attorney and city council. After the acceptance and approval of the required improvements or after the posting of the required surety, the final plat shall be reviewed by the Community Development Director with the concurrence of the city engineer and the city attorney, approved by the city council, and it shall be submitted by the Community Development Director and duly recorded by the clerk of the circuit court, who shall record only those final plats which have been so approved in accordance with this ordinance. The cost of recording shall be born by the applicant 1. Fee for final plat. Upon filing application for final plat approval, the applicant shall pay to the City of Sebastian a processing fee, the amount of which shall be determined by resolution of the city council in order to help defray the cost of processing the final plat. 2. Timing offinal plat submission. Failure to submit the final plat within ninety (90) days of the completion of the construction of the required improvements and no more than twelve (12) months of the approval of the design of the 10 . ' required improvements shall require reapplication under the preliminary plat section of this article. The applicant may apply for an extension pursuant to section 20A-18.6. The timing of PUD final plat submittal requirements shall control in case of conflict with provisions herein set forth. 3. Required compliance. The final plat shall conform to the approved subdivision preliminary plat, approved construction improvements, shall meet the legal requirements of platting as defined by Chapter 177, Florida Statutes, as amended, and shall consist of a fully executed correct plat map, meeting all state and city standards, final engineering drawings and auxiliary submittals, and all required legal instruments. Notwithstanding, the final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record. 4. Content of final plat. The final plat shall be drawn or printed on twenty- four-inch by thirty-six-inch linen, chronoflex, mylar or other approved material. Copies of the final plat shall also be provided in a 8 1/2 inch by 11 inch format. The final plat shall be prepared by a Florida registered engineer and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one inch equals one hundred (100) feet, or as otherwise determined by the city engineer. The final plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as amended, and shall conform to the following requirements: ***** 11 I. Certification and approvals. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law: ***** Vi. Mayor and city clerk. [Prior to] filing by clerk of circuit court, the plat shall contain an approval and signature block for the mayor and the acknowledgment and signature block of the city clerk. Upon adoption of a resolution approving the plat, the mayor shall execute the plat and the plat shall be presented to the clerk of the circuit court by the City Clerk for recording. S. Timing qf improvements and/or posting of surety. In addition to the foregoing requirements and items to be shown on the face of the plat, the final plat, when submitted, shall be accompanied by a statement of the developer indicating whether the required improvements have been constructed prior to the recording of the plat or will be constructed after recording under guarantees posted with the city as provided for in this ordinance: a. Completion of improvements prior to issuance of building permit. When the improvements have been completed prior to the recording of the plat, it shall be expressly understood that no building permits shall be issued for any structure on a lot wherein the final plat has not been approved and recorded in a manner prescribed in this ordinance. The approval to construct required improvements shall not be construed as authority for the sale of lots in reference thereto. 12 ***** E. Suhmission offinal plat. Application for approval of a final plant shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The Community Development Director shall determine the number of copies of the final plat to be submitted. The final plat shall be accompanied by the following: ( a) A statement indicating whether the required improvements have been constructed prior to recording of the plat or will be constructed after recording of the plat. ***** (e) If the developer elects to construct the required improvements after recording the plat, the following shall be submitted: (i) A contract, executed in triplicate, between the city and the applicant for the construction of required improvements. ***** c. No revisions to final plat after approval. ***** Upon approval by the city council the final plat shall be submitted by the City Clerk for recording in the office of the clerk of the circuit court. ***** 13 Section 2. 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 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall become effective on July I, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, TillS DAY OF 1.,//-':;1 drY ,1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, TIllS&DAYOF ~ 1997. v The foregoing Ordinance was moved for adoption by Councilmember 'Y;;;;e~// The motion was seconded by Councilmember ') , /.// /J ;/~ and, upon being put into a vote, the vote was as follows: 14 : . .. Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan ". The Mayor thereupon declared this Ordinance duly passed and adopted this .zsaay of ~-' fiLe // I " l/ ,1997. ~TTEF ~ ,.~........., '7 ~-- """'. m- DI '.P~.k{t~ , Kat1fryn M'~lfia.lloran, CMC/ AAE (Seal}:' _- . , - --_. Approved a;!d~qim and Content: ~~~~. .----~~--~--~ . - . ~ Valerie Settles City Attorney CITY OF SEBASTIAN, FLORIDA By: l"- )~l) ~~~ Walter W. Barnes, Mayor 15