HomeMy WebLinkAbout4103
ORDINANCE NO. 4103
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING
ARTICLE VI OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF SANFORD RELATING TO FINAL PLAT REQUIREMENTS
AND PERTAINING TO NECESSITY FOR DEVELOPMENT ORDER
CONDITIONS TO BE PLACED ON PLATS; PROVIDING FOR
ADOPTION OF AN EXHIBIT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. Amendment For Article VI. Article VI of the Land Development
Regulations of the City of Sanford as set forth in the Exhibit to this Ordinance is hereby
amended to read as set forth in the said Exhibit.
SECTION 2. Incorporation of Exhibit. The attachment Exhibit is hereby
incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 3. Severability . If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to
impair the validity, force or effect or any other section or part of a section of this
Ordinance.
SECTION 4. Conflicts. All ordinances or parts of ordinances in conflict with
this Ordinance are hereby repealed.
SECTION 5. Codification. It is the intention of the City Commission of the City
of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Sanford, Florida;
that the Sections of this Ordinance may be renumbered or re-Iettered to accomplish
such intention; that the word, "Ordinance," may be changed to "Section," "Article," or
other appropriate word; provided, however, that the text of the Sections of this
Ordinance shall not be codified, but that the text of the Exhibit shall be codified.
SECTION 6. Effective Date. Except as otherwise provided herein, this
Ordinance shall become effective immediately upon its passage and adoption.
PASSED and ADOPTED this 28th day of April, 2008.
ATTEST: CITY OF SANFORD
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CY HIA PORTER MAY9>R LINDA K~HN
CERTIFICATE
I, Cynthia Porter, Deputy City Clerk of the City of Sanford, Florida, do hereby
certify that a true and correct copy of the foregoing Ordinance No. 4103, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th day of
April, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida,
on the 30th day of April, 2008.
Ch' - o~'1
Ast Deputy City Clerk of the City
of Sanford, Florida
Ordinance No. 4103.
Page 2
ARTICLE VI: SUBDIVISION PROCEDURES
SECTION 6.1 INTENT OF SUBDIVISION PLAN REVIEW
A. Intent. The intent of Subdivision Plan Review is to:
1. Set forth uniform procedures, well-defined application processes and
information requirements that ensure that the subdivision of land within
the City of Sanford IS consistent with all applicable mInImum
development standard;
2. Ensure that the approval of such subdivisions will be based upon the
provision and availability of adequate public facilities and services
coincident with the impact of the subdivision's development; and
3. Ensure that the subdivision is compatible and coordinated with existing
and anticipated development within the immediate area surrounding the
site.
B. Subdivision Plan Process. Subdivision Plan Review usually includes three steps:
1. Preliminary Subdivision Plan Review;
2. Improvement Plan Review; and
3. Final Plat Approval.
When applicable, a fourth step, Master Plan Review, is also required. Each of the
review processes are intended to define the relationship and differentiate between
overall and specific subdivision design considerations, technical engineering and
construction requirements and platting requirements.
In this regard, Preliminary Subdivision Plan Review and Master Plan Review
shall generally be completed upon action or decision of the Planning and Zoning
Commission.
Improvement Plan Review shall generally be completed upon action or decision
of the Administrative Official.
Final Plat Approval shall result upon action by the City Commission.
SECTION 6.2 APPLICABILITY OF SUBDIVISION PLAN REVIEW
Compliance with the subdivision review procedures and requirements set forth in the
Land Development Regulations shall be required prior to one or more of the following
actions:
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A. The division ofland into three (3) or more parcels;
B. The dedication of streets or easements to the City of Sanford; or,
C. The provision of access or utilities to a lot, tract or use by means of a right-of-way
or easement established after July 27, 1992.
SECTION 6.3 EXEMPTIONS TO SUBDIVISION PLAN REVIEW
The following types of land divisions are excepted from Preliminary Subdivision Plan
Review; provided, however, that any owner or the owner's authorized agent who desires
to alter the dimensions, land area or boundaries of any lot, parcel or tract for the purpose
of sale, lease or other transfer of interest shall first provide such plans and information to
the Administrative Official as the Administrative Official deems necessary in order to
assure compliance with all applicable requirements of the Land Development
Regulations:
A. Rearrange existing lots or tracts in an existing subdivision for the purpose of
constructing one-family dwellings to be located on one (1) lot or tract per
dwelling unit when all lots, tracts or parcels have frontage on existing streets.
B. Lot or tract splits when the division of a parcel does not result in the creation of
more than two lots or tracts, all lots or tracts have frontage on an existing public
street right-of-way and only one such lot or tract split may occur for a parcel or
parcels under common ownership or interest or the successors of such ownership
or interest within a period of five years.
C. Dedication of an easement for drainage or utilities or dedication of land for public
road right-of-way as a condition of development plan approval provided that such
dedication does not occur in conjunction with an accessway to a lot, tract or use.
SECTION 6.4 MINOR SUBDIVISION PLAN REVIEW
The minor subdivision plan review procedure is intended for small-scale
development that does not involve construction of extensive infrastructure. The
city desires to encourage logical parcelization of land while eliminating costly and
time-consuming procedures for such small-scale development. Specifically, the
Administrative Official shall have the authority to permit an applicant to undergo
minor subdivision review procedures for division of land into a maximum of five
(5) parcels or lots. Application procedures for minor subdivision plan review shall
include, but not necessarily be limited to, compliance with Final Plat procedures
and requirements set forth in this Article. The Administration Official shall have
the authority to require any and all stipulations and conditions deemed necessary.
A pre-application conference with the Administrative Official is required to
determine if the proposed parcelization concept complies with the intent and
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purpose of minor subdivision plan review procedures outlined above. The
applicant shall present a current survey and legal description of the property and a
general concept of the proposed subdivision including a layout and additional
information as may be necessary to explain the proposal. The Administrative
Official has the authority to determine whether the proposed subdivision is
consistent with the intent and purpose of minor subdivision plan review.
SECTION 6.5 PRELIMINARY SUBDIVISION PLAN REVIEW PROCEDURES
The applicant shall initiate Preliminary Subdivision Plan Review Procedures set forth in
this section prior to the initiation of Improvement Plan Review Procedures for the parcel
in question. The procedure for review of a Preliminary Subdivision Plan shall be as
follows:
A. Minor Subdivision Plan Review. Minor subdivision review procedures may be
utilized for the division of land into five (5) or less parcels. Application
procedures for minor subdivisions shall comply with the Final Plat procedures
included in this Article, and the City may also require stipulations and conditions
when necessary.
A preapplication conference is required with the Administrative Official to the
proposed minor subdivision applicant to provide early exchange of information
which may include:
. regulations and procedures,
. community goals and policies that might affect the proposed subdivision,
. off-site considerations, and
. general reaction to the subdivision concept submitted.
The applicant shall provide the Administrative Official with relevant information
the City may request.
B. Application For Approval. The applicant for approval of a Preliminary
Subdivision Plan shall submit at least nine (9) copies of the subdivision plan
folded to nine inches (9") by twelve inches (12"), the supplementary materials
required to accompany such plan and the fee established in a manner prescribed in
Article X of the Land Development Regulations to the Administrative Official,
such plan, supplementary materials and fee being collectively hereinafter called
the "proposed Preliminary Subdivision Plan". The Preliminary Subdivision Plan
and supplementary materials shall be in the form prescribed in Section 6.5. No
application will be accepted unless it is complete. Acceptance does not mean
approval. The Administrative Official will advise the applicant of whether the
proposed Preliminary Subdivision Plan is accepted or not accepted. If the
proposed Preliminary Subdivision Plan is not accepted, the Administrative
Official shall inform the applicant in writing of one or more reasons for denial of
acceptance of the preliminary subdivision plan. Failure by the Administrative
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Official to specify one or more reasons for denying the acceptance of a
preliminary subdivision plan application does not preclude such reasons being
specified in denying any reapplication for such plan. The Administrative Official
may reject a preliminary subdivision plan application or reapplication by reason
of lack of clarity or readability. Plans stating "Not For Construction," "For
Review Only," or any such similar wording shall not be accepted.
Preliminary subdivision plans must be coordinated, as appropriate, with the City
of Lake Mary, Seminole County, the Seminole County School Board, other
special districts, the Sanford Historic Preservation District, the Sanford Airport
Authority, the East Central Florida Regional Planning Council (ECFRPC), the St.
Johns River Water Management District, as well as applicable State and Federal
agencies prior to issuance of a development order or permit. The City will
coordinate with the ECFRPC in meeting regional policies contained in the
Comprehensive Regional Policies Plan.
No final development order shall be granted for a proposed development until
there is a finding that all public facilities and services have sufficient capacity at
or above their adopted level-of-service (LOS) to accommodate the impacts of the
development, including traffic impacts, or that improvements necessary to bring
facilities up to their adopted LOS will be in place concurrent with the impacts of
the development, as defined in Schedule Q, Concurrency Management of these
land development regulations.
C. Recommendation By Development Review Team. Upon acceptance of the
proposed Preliminary Subdivision Plan, the Administrative Official shall
distribute copIes of the proposed Preliminary Subdivision Plan to the
Development Review Team. The Development Review Team shall meet to
consider the application. The applicant or his agent may be present at this
meeting. Following the Development Review Team's meeting to consider the
proposed Preliminary Subdivision Plan, the Administrative Official, as Chairman
of the Development Review Team, shall either:
1. Request that additional information, revisions, modifications, clarification
or other data applicable to the preliminary subdivision plan application be
provided or accomplished by the applicant or his agent, and/or:
2. Prepare a written recommendation to approve, approve with conditions or
deny the preliminary subdivision plan application and transmit such
recommendation to the owner or his/her authorized agent, members of the
Development Review Team and members of the Planning and Zoning
Commission, and;
3. Fix a date for consideration of the proposed Preliminary Subdivision Plan
by the Planning and Zoning Commission.
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4. Transmit the proposed Preliminary Subdivision Plan to the Historic
Preservation Board for appropriate action if required by Section 4.00 of
Schedule S.
5. Transmit the proposed Preliminary Subdivision Plan to the Airport Zoning
Commission for appropriate action if required by Section 9.00 of Schedule
R.
D. Action By Planning and Zoning Commission. The Planning and Zoning
Commission shall consider the proposed Preliminary Subdivision Plan at a public
meeting and enter its action or decision in writing upon the proposed Preliminary
Subdivision Plan. In order to approve, approve with conditions or deny the
proposed Preliminary Subdivision Plan, the Planning and Zoning Commission
must make specific findings respecting each of the matters specified in Paragraph
E, below and may prescribe appropriate conditions and safeguards which shall
become a part of the terms under which a site development permit is issued.
If the proposed preliminary subdivision plan is approved, the Chairman of the
Planning and Zoning Commission shall indicate such approval by signing his or
her name on at least one copy of the Preliminary Subdivision Plan indicating the
date of such approval and by signing a development order pursuant to Section
3.12 E. The approved and signed Development Order, Preliminary Subdivision
Plan and required supplementary materials shall then be filed in the Office of the
Administrative Official and shall constitute the Preliminary Subdivision Plan for
the parcel in question.
If the proposed Preliminary Subdivision Plan is disapproved or approved subject
to modification, the Administrative Official shall return one copy of the
Preliminary Subdivision Plan and required supplementary materials to the
applicant along with a copy of the Planning and Zoning Commission's action
respecting the same.
E. Standards for Planning and Zoning Commission Action Upon Proposed
Preliminary Subdivision Plans. Before any proposed preliminary subdivision
plan may be approved or approved with conditions, the Planning and Zoning
Commission shall prepare, or cause to be prepared, a development order with the
following findings of fact:
1. That the proposed preliminary subdivision plan is consistent with all
applicable goals, objectives, policies and standards in the City of Sanford's
Comprehensive Plan.
2. That the proposed preliminary subdivision plan meets or exceeds all
applicable minimum standards and requirements as set forth in the Land
Development Regulations.
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3. That the environmental impact of the proposed preliminary subdivision
plan will be compatible with existing and anticipated land use in the
immediate neighborhood and that such plan will not be injurious to the
area involved or otherwise detrimental to the public interest, safety or
welfare.
4. That adequate facilities and services necessary to serve development
associated with the proposed subdivision will be available and in place at
the time of impact of the development or phase thereof.
5. That the traffic circulation and related impacts are based on requirements
contained In Schedule Q, Level of Service Requirements and
Methodologies.
F. The development order shall also include the following:
1. The name of the property owner and the name of the proposed
development;
2. The legal description of the property and, where appropriate, the street
address;
3. A precise description of the development activity being approved;
4. Reference to the approved layout, plans or blueprints including the name
of the preparer and the date of the plans;
5. Any special conditions of the development approval;
6. The expiration date of the development order.
G. Transmittal Of Preliminary Subdivision Plan To City Commission. After the
Planning and Zoning Commission has taken action to approve or approve with
conditions a preliminary subdivision plan, the Administrative Official shall cause
at least one (1) copy of such plan to be transmitted to the City Commission. The
City Commission shall acknowledge receipt of the preliminary subdivision plan at
a regular City Commission meeting. The City Commission is not required to take
action upon the preliminary subdivision plan other than to acknowledge receipt of
same provided however, the City Commission has the authority to review and
comment upon the preliminary subdivision plan.
H. Time Limits and Extension of Time Limits Upon Preliminary Subdivision
Plans. Planning and Zoning Commission action to approve or approve with
conditions upon proposed preliminary subdivision plans shall be valid for a period
of six (6) months prior to the initiation of Final Plat Review Procedures.
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SECTION 6.6 PRELIMINARY SUBDIVISION PLAN SUBMITTAL
REQUIREMENTS
All preliminary subdivision plans and required supplementary materials shall cover the
entire parcel proposed for development unless such preliminary subdivision plan and
required supplementary material is based on a Master Plan approved and filed in the
Office of the Administrative Official in accordance with Section 6.11. All preliminary
subdivision plans shall contain at least the following data and information:
A. Preliminary Subdivision Plan Sheet Format. Preliminary subdivision plans
shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet
size for preliminary subdivision plans shall not exceed 24 inches by 36 inches.
Multiple sheets may be used provided each sheet is numbered and the total
number of sheets is indicated on each sheet. All sheets shall be folded to nine (9)
inches by twelve (12) inches. Cross referencing between sheets shall be required.
Necessary notes and symbol legends shall be included. Abbreviations should be
avoided but if used they shall be defined in the notes.
B. General Information.
1. The identification "Preliminary Subdivision Plan" on each sheet.
2. Legend to include:
a. Name of Development
b. Proposed Street Address
c. Acreage
d. Scale
e. North Arrow
f. Existing Zoning and Other Special Districts
g. Preparation/Revision Date
h. Tax Parcel No. (Seminole County Property Appraiser)
3. Name, Address and Phone Number of:
a. Owner
b. Owner's Authorized Agent
c. Engineer
d. Surveyor
e. Others involved in application
4. Vicinity Map. Show relationship of site to surrounding streets and public
facilities at a scale of I ":2000' or larger.
5. Legal Description.
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C. Existing Conditions
1. Existing Streets. Both on and within 50 feet of site, including:
a. Name
b. Location
c. Right-of-Way Width
d. Driveway Approaches
e. Medians and Median Cuts
f. Curbcuts
2. Existing Easements. Indicate location, dimensions, purpose and
maintenance responsibility.
3. Existing Utilities. Provider, location and size.
4. Existing On-Site Improvements and Uses
5. Adjacent Improvements, Uses, Parcels and Zoning. Identify buildings,
structures and vehicular access points. Indicate lot or tract lines,
subdivision name and zoning districts.
6. Topography. At one (1) foot contours and extending 25 feet beyond the
property boundaries. All elevations shall be based on mean sea level
datum and referenced to the United States Geodetic Surveyor its
equivalent.
7. Soil Type(s). As identified in the Soil Survey, Seminole County, Florida,
U.S.D.A. Soil Conservation Service or other competent expert evaluation.
When soil suitability limitations are indicated for the proposed
development, the City Engineer may require a preliminary soil analysis by
a qualified soils engineer.
8. Drainage. As identified on Map 1-1, Water Resources of the
Comprehensive Plan. Depict and if necessary explain existing surface
drainage characteristics of site including relationship to adjacent land
areas and subbasin.
9. Wetlands. As identified by Future Land Use Map of the Comprehensive
Plan, the St. Johns River Water Management District Wetlands Mapping
or other competent evaluation.
10. Wellfield Protection Zones. Indicate whether or not the parcel is located
within a wellfield protection zone as identified by the Wellfield Protection
Zone Maps on file in the Department of Engineering and Planning.
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II. 100-year Floodplain. If applicable, indicate 100-year flood elevation,
minimum required habitable floor elevation and limits of 100-year
floodplain for all land areas located within Zones "A" and "AE" for the
parcel in question as identified on Map 1-2, Water Resources of the
Comprehensive Plan and the Flood Insurance Rate Map by the Federal
Emergency Management Agency.
12. Surface Water. Approximate normal high water elevation or boundaries of
existing surface water bodies, streams and canals, both on and within 50
feet of site.
13. Existing Vegetation. Identify existing vegetative communities including
forest cover types as well as wetland types as identified by Map 1-9,
Vegetative Communities of the Comprehensive Plan, the St. Johns River
Water Management District Wetlands Mapping or other competent
evaluation.
14. Aquifer Recharge Areas. As identified on Map 1-1, Water Resources of
the Comprehensive Plan.
D. Proposed Development
I. Proposed Lot Layout to include:
a. Lot and Tract Sizes, Dimensions and Shapes
b. Proposed Use For Lots and Tracts
c. Consecutive Numbering of lots, blocks and tracts or other proper
identification.
d. Number of Dwelling Units - By lot, by type of dwelling unit and
total.
e. Density - By type of residential land area (one family, two family,
mobile home or multiple family) and for total residential land area.
f. Net Density - Same as e., above, except exclude land area that is
unsuitable for development.
g. Nonresidential Uses - Indicate maXImum potential building
coverage in square feet.
2. Required Yards, Setbacks, Buffers and Parcel Width at Building Line.
For a 'typical' lot, as well as an irregularly-shaped or irregularly-located
lot, indicate the following information:
a. Location and dimensions of all required yards, setbacks, buffers
along parcel boundary lines and parcel width at building line along
all proposed lot or tract lines.
b. Direction of drainage flow.
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c. Typical location, in terms of setbacks from front, side and rear
property lines, of mechanical equipment, accessory structures,
screen porches, overhangs, decks and pools.
3. Proposed Circulation System. Include the following information:
a. The location and dimensions of:
I. Streets, Right-of-Way Width and Street Name
2. Sidewalks
3. Traffic Control Devices
4. Medians
5. Curbing
b. An analysis of the traffic circulation and related impacts based on
requirements in Schedule Q, Level of Service Requirements and
Methodologies.
4. Natural Vegetation Protection. Identify existing trees or tree groupings,
wetlands and other natural vegetation to be retained and explain or
illustrate method to preserve such features both during and after
construction. Identify such features to be removed and state and/or
explain reasons and/or justification for removal.
5. Public and Semi-Public Lands and Facilities. Identify location and
dimensions and explain maintenance responsibility and ownership of all
lots, tracts, easements and improvements that are proposed to be in
common or public ownership.
6. Potable Water Supply and Wastewater Disposal System. Indicate required
capacity, available capacity, provider, general location and size of lines
and connections.
7. Fire Protection. Indicate the location of proposed hydrants.
8. Reclaimed Water System. Unless the proposed subdivision is exempt from
the City's reclaimed water system regulations, indicate the amount of
reclaimed water to be utilized and method of application on the site
including the location and size of lines and connections.
9. Proposed Topographic Elevations and Preliminary Drainage Plan. Indicate
proposed topographic elevations at one (1) foot contours, direction of flow,
proposed methods of stormwater retention, proposed drainage
improvements, proposed outfalls, drainage easements and preliminary
engineering calculations (mean sea level datum preferred).
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10. Typical Construction Details. Illustrate by cross section or other
appropriate method the typical construction type, dimensions, size and
material specifications to be utilized for streets, water retention areas,
berms, sidewalks, culverts, swales, walls and other required and proposed
improvements.
E. Exceptions. Any applicant may request that required information described in
Paragraphs C and D of this section be omitted from the proposed preliminary
subdivision plan; provided however, that such request shall be subject to the
following requirements:
I. The request shall be in written form and shall be submitted with
the proposed preliminary subdivision plan.
2. The request shall identify the information, item or data that is proposed to
be omitted from the proposed preliminary subdivision plan and shall fully
explain the reasons that such information, item or data does not apply to
such plan.
3. The Administrative Official has the authority to accept or reject such
request pursuant to procedures set forth in Section 6.5(B).
SECTION 6.7 IMPROVEMENT PLAN REVIEW PROCEDURES
The applicant shall initiate Improvement Plan Review Procedures set forth in this section
after approval of the Preliminary Subdivision Plan for the parcel in question and in
conjunction with the initiation of Final Plat Review Procedures. The procedure for
review of Improvement Plans shall be as follows:
A. Application For Approval. The applicant for approval of an Improvement Plan
shall submit at least nine (9) copies of the improvement plan folded to nine (9)
inches by twelve (12) inches, the supplementary materials required to accompany
such plan and the fee established in a manner prescribed in Article VII to the
Administrative Official, such plan, supplementary materials and fee being
collectively hereinafter called the "proposed Improvement Plan". The
Improvement Plan and supplementary materials shall be in the form prescribed in
Section 6.8. No application shall be deemed accepted unless it is complete.
Acceptance shall not mean approval. The Administrative Official shall advise the
applicant of whether the proposed Improvement Plan is accepted or not accepted.
If the proposed Improvement Plan is not accepted, the Administrative Official
shall inform the applicant in writing of one or more reasons for denial of
acceptance of such plan. Failure by the Administrative Official to specify one or
more reasons for denying the acceptance of a proposed improvement plan shall
not preclude such reasons being specified in denying any reapplication for such
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plan. Plans stating "Not For Construction," "For Review Only," or any such
similar wording shall not be accepted.
B. Referral To Development Review Team. Upon acceptance of the proposed
Improvement Plan, the Administrative Official shall distribute copies of the
proposed Improvement Plan to the Development Review Team. Upon review of
the plan, the Development Review Team will provide the Administrative Official
with its recommendation of approval, approval with conditions or modification or
denial.
C. Referral To City Attorney. The Administrative Official shall transmit a copy of
any proposed legal instrument or agreement included In the proposed
Improvement Plan to the City Attorney for review and recommendation.
D. Administrative Official's Action. Upon receipt of the written and collective
recommendation of the Development Review Team and any comments or
recommendations of the City Attorney, the Administrative Official, in accordance
with such recommendation shall enter a development order:
I. Approving such proposed Improvement Plan subject to such conditions,
modifications and/or specific time limits prescribed by the Planning and
Zoning Commission respecting the Preliminary Subdivision Plan for the
parcel in question;
2. Disapproving such proposed Improvement Plan, or;
3. Approving such Improvement Plan subject to such modifications and
conditions as the recommendation of the Development Review Team may
have prescribed and subject to such conditions, modifications and specific
time limits prescribed by the Planning and Zoning Commission respecting
the Preliminary Subdivision Plan for the parcel in question.
If the proposed Improvement Plan is approved the Administrative Official shall
indicate such approval by signing his name on at least one copy of the
Improvement Plan indicating the date of such approval. The approved and signed
Improvement Plan and required supplementary materials shall then be filed in the
Office of the Administrative Official and shall constitute the Improvement Plan
for the parcel in question.
If the proposed Improvement Plan is denied or approved subject to modification,
the Administrative Official shall return one copy of the Improvement Plan and
required supplementary materials to the applicant along with a copy of his Order
respecting the same.
E. Reapplication. If the Administrative Official enters his order denying a proposed
Improvement Plan or approving the same subject to modification, the applicant
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may at any time within sixty (60) days following the date of such order file an
amended Improvement Plan and supplementary material whereupon the same
shall be received, reviewed and acted upon in the same manner as if it were an
original application for approval of an Improvement Plan and no additional fee for
such application shall be required.
SECTION 6.8 IMPROVEMENT PLAN REQUIREMENTS
All Improvement Plans and required supplementary material shall cover the entire parcel
covered by a Preliminary Subdivision Plan for the parcel in question that has been
approved in accordance with Section 6.5. All Improvement Plans shall contain at least
the following data and information:
A. General Improvement Plan Requirements. In general, Improvement Plans shall
be suitable for contracting and construction purposes. The Improvement Plan
shall show those subdivision improvements which are required; and which are
assured by bond or improvement agreement; and which must be satisfactorily
completed before the bond or escrow is released.
B. Improvement Plan Sheet Data, Size and Scale. Improvement Plans shall be
drawn at a scale of one inch to 50 feet or larger. Sheet size for Improvement
Plans shall be 24 inches by 36 inches and folded to nine (9) inches by twelve (12)
inches. Multiple sheets may be used provided each sheet is numbered and the
total number of sheets is indicated on each sheet. Cross referencing between
sheets shall be required. Necessary notes and symbol legends shall be included.
Abbreviations should be avoided but if used they shall be defined in the notes.
I. The identification "Improvement Plan", the date, scale, revision date (if
any), development name, and other such information shall be shown in a
convenient grouping in the lower right hand corner of every sheet,
preferably in a conventional title block.
2. Each copy of an Improvement Plan required to be submitted to the
Administrative Official shall bear the original signature of an engineer
licensed as a professional engineer by the State of Florida and authorized
by the applicant who shall also certify that the drawing was prepared at his
instruction and that the information shown is correct.
C. Improvement Plan Required Information.
I. Civil Engineering Construction Drawings. Provide civil engineering
construction drawings of all infrastructure, utilities and subdivision
improvements incl uding all technical specifications, profiles and
geometry. Such improvements shall include but not be limited to road
construction, grading, drainage facilities, signs, sodding, street lights and
other construction.
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2. Soil Tests. In tabular form, indicate results of test holes including soil
types and water table information found at each location. At least one
such test shall be provided every 500 feet of road construction and at the
center of each proposed water retention or detention area.
3. Final Drainage Plan. Include topographic elevations at one foot contours
for the parcel in question and at least 25 feet beyond the parcel, final
computations for stormwater retention and construction drawings of all
related improvements (mean sea level datum preferred).
4. Fire Protection. Indicate hydrant location and type of internal fire
protection systems to serve buildings.
5. Landscape Plan and Tree Protection. Identify material specifications,
planting/removal/relocation instructions and irrigation system location and
specifications.
6. Ownership and Maintenance. A detailed statement of method of assuring
the perpetual ownership and maintenance of permanent open space,
recreational facilities or other common purposes and/or improvements
shall, when utilized, include draft copies of covenants, agreements,
dedications, stipulations, common vehicular access agreements, property
owner association articles and other applicable documents or legal
instruments.
SECTION 6.9 FINAL PLAT REVIEW PROCEDURES
The applicant shall initiate Final Plat Review Procedures set forth in this section after
approval of the Preliminary Subdivision Plan for the parcel in question and in
conjunction with the initiation of Improvement Plan Review Procedures.
The procedure for review of Final Plats shall be as follows:
A. Application For Approval. The applicant for approval of a Final Plat shall
submit at least nine (9) copies of the final plat folded to nine (9) inches by twelve
(12) inches, the supplementary materials required to accompany such plan and the
fee established in a manner prescribed in Article X to the Administrative Official;
such plan, supplementary materials and fee being collectively hereinafter called
the "proposed Final Plat". The Final Plat and supplementary materials shall be in
the form prescribed in Article VII. No application shall be deemed accepted
unless it is complete. Acceptance shall not mean approval. The Administrative
Official shall advise the applicant of whether the proposed Final Plat is accepted
or not accepted. If the proposed Final Plat is not accepted, the Administrative
Official shall inform the applicant in writing of one or more reasons for denial of
acceptance of the final plat. Failure by the Administrative Official to specify one
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or more reasons for denying the acceptance of final plat shall not preclude such
reasons being specified in denying any reapplication for such plat.
B. Referral To Development Review Team. Upon acceptance of the proposed
Final Plat, the Administrative Official shall distribute copies of the proposed Final
Plat to the Development Review Team. The collective findings of the
Development Review Team respecting the proposed Final Plat and their collective
recommendation in writing respecting approval, denial, or necessary modification
thereof shall be transmitted to the Administrative Official.
C. Administrative Official's Action. Upon receipt of the written and collective
recommendation of the Development Review Team, the Administrative Official,
in accordance with such recommendation shall:
1. Request that additional information, revisions, modifications, clarification
or other data applicable to the Final Plat be provided or accomplished by
the applicant or his agent, and/or:
2. Prepare a written recommendation to approve, approve with conditions or
deny the proposed Final Plat and transmit such recommendation to the
owner or his/her authorized agent, members of the Development Review
Team and members of the Planning and Zoning Commission, and;
3. Fix a date for consideration of the proposed Final Plat by the Planning and
Zoning Commission.
D. Meeting By Planning and Zoning Commission. The Planning and Zoning
Commission shall consider the proposed Final Plat at a public meeting and
recommend approval or denial of the Final Plat to the City Commission of the
City of Sanford, Florida. In order to recommend approval or denial of the
proposed Final Plat, the Planning and Zoning Commission must make a specific
finding that the proposed Final Plat is consistent with the Preliminary Subdivision
Plan for the parcel in question.
E. Action By The City Commission. Following the meeting of the Planning and
Zoning Commission, the Administrative Official shall submit the proposed Final
Plat, with the recommendation of the Planning and Zoning Commission, to the
City Commission for consideration. The City Commission shall consider and act
upon the proposed Final Plat and the recommendation of the Planning and Zoning
Commission and thereafter approve or deny the Final Plat. If the Planning and
Zoning Commission has not recommended approval or denial of the proposed
Final Plat within 60 days of its meeting to consider same, the City Commission
may take action upon the Final Plat.
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SECTION 6.10 FINAL PLAT REQUIREMENTS
All Final Plats and required supplementary material for major subdivision applications
shall cover the entire parcel covered by a Preliminary Subdivision Plan for the parcel in
question that has been approved in accordance with Section 6.5. The Final Plat shall
conform to the Preliminary Subdivision Plan in all respects except that minor variations
in dimensions and alignment resulting from the more exact final computations and
plotting will be permitted. In addition to the provisions set forth herein, all final plats
shall meet the requirements of Chapter 177, F.S., Land Boundaries.
All Final Plats for minor and major subdivision applications shall contain at least the
following data and information. In addition to the final plat requirements, the City may
require stipulations and conditions upon minor subdivision applications.
A. Final Plat Sheet Format. Final Plats shall be drawn at a scale of one inch to 100
feet or larger. The sheet size for final plats shall be 20 inches by 24 inches. A
three inch margin shall be provided on the left side of each sheet for binding and a
one inch margin shall be provided on all other sides of each sheet. Original sheets
shall be of a durable reproducible mylar. Drafting shall be with black, permanent
ink. North orientation shall be toward the top of each sheet. Lettering shall read
from the bottom of the sheet or the right side of the sheet. No letter or number
shall be less than one-eighth of an inch in height and stroke for letters shall be
bold enough so as to be clearly legible. In addition to the provisions set forth
herein, all final plats shall comply with the requirements of Chapter 177, F.S.,
Land Boundaries.
B. Required Information and Data. The following items and information shall be
shown on the final plat or submitted to the City as applicable:
I. Title Block. Include the name of subdivision, the appropriate section,
township, and range, and the words, "City of Sanford, Florida".
2. Legal Description. Include bearings, distances and references to a section
corner tie. Acreage shall also be indicated.
3. Vicinity Map. Showing the proposed subdivision In relation to
surrounding streets.
4. Monuments. Permanent reference monuments, 30" long min. (P.R.M.)
shall be located on all block corners if rectilinear, and at all P.C.'s and
P.T's, if curvilinear, but in no case more that 1,000 feet apart. P.R.M.'s
shall be installed prior to submission of the final plat and in a manner
prescribed by law. Monuments shall be installed at all corners, points of
intersection and changes of direction of lines within the subdivision which
do not require a P.R.M. or a P.C.P.
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5. Legend. Define all symbols, show stated and graphic scale and display
north arrow.
6. Dimensions and Bearings. Provide sufficient data to determine readily,
and to reproduce on the ground, the location, bearing, and length of each
street right-of-way line, boundary line, lot, block or tract line, easements
and building line, whether curved or straight, adequately correlated with
monuments and markers. Delineate right-of-way lines, center lines,
widths, and names of all streets and roads. Show radii, central angle,
internal angles and lengths and points of curvature of arcs of all curved
streets and curved lot, block and tract lines.
7. Numbering. Indicate lot, block and tract numbers and letters in conformity
with Preliminary Subdivision Plan.
8. Setbacks and Buffers. Indicate required building setback lines for all lots
and required buffers for all lots or tracts located along the subdivision
boundary lines or fronting a Major Thoroughfare.
9. Flood Plains and Surface Water. Indicate the location and edge of water of
lakes, canals, streams and other surface water bodies. Delineate 100-year
flood plains by contour and elevation shall be based on mean sea level
datum.
10. Dedications, Reservations and Easements. Indicate all dimensions,
purpose, conditions and stipulations. Also include a notice on the face of
the plat that there may be additional restrictions that are not recorded on
the plat that may be found in the public records of Seminole County. The
Applicant shall coordinate with the utility companies (electric and
telephone) and incorporate their easement requirements on the plat
including locations and dimensions. The Applicant shall provide to the
City written verification from utility companies that necessary easements
are included on the plat.
II. Adjacent Subdivisions And Streets. Delineate name, lot location, plat book
and page number of abutting subdivisions and streets.
12. Required Certificates. In accordance with State law and as set forth
herein, the following certificates and signatories shall be shown on the
first sheet of the final plat:
a. Certificate of the Surveyor who prepared the plat;
b. Approval of City Surveyor;
c. Approval of Mayor;
d. Dedication by Owners, including mortgagees;
e. Title Opinion pursuant to Section 177.041, F.S.
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13. Conditions of Development Approval. If a development order ,
development agreement or ordinance has been executed in conjunction
with this project, the conditions contained within that document shall be
placed on the Final Plat prior to approval by the City Commission and
shall be recorded with the plat.
SECTION 6.11 MASTER PLAN REVIEW
A Master Plan covering the entire parcel proposed to be subdivided shall be required
prior to, or in conjunction with, a Preliminary Subdivision Plan which covers only a
portion of the entire parcel proposed to be subdivided provided however, that the
requirements of this section shall not apply to approved Planned Development Project
Plans covering the entire parcel in question. The procedure for submission, review and
approval of a proposed Master Plan shall be the same as required for a proposed
Preliminary Subdivision Plan for the request and parcel in question. One copy of the
Master Plan shall, when approved, be signed and dated by the Chairman of the Planning
and Zoning Commission. The approved and signed Master Plan shall then be filed in the
Office of the Administrative Official and shall constitute the basis for preparation and
submittal of future Preliminary Subdivision Plans for the parcel in question. No site
development permit and/or certificate of completion shall be issued on the basis of an
approved Master Plan until a Final Plat for the specific land and/or water area in question
has been approved by the City Commission and recorded by the County Clerk in
conformity with the provisions of the Land Development Regulations.
SECTION 6.12 MASTER PLAN REQUIREMENTS
All Master Plans and supplementary material shall cover the entire parcel. All Master
Plans shall contain at least that data and information prescribed in Section 4.5.
SECTION 6.13 SPECIAL MASTER PLAN CONDITION
When a Master Plan covers the entire parcel proposed for development, no Site
Development Permit or Certificate of Completion shall be issued for a lot, tract, phase or
other increment of development which covers only a portion of the entire parcel proposed
for development when the effect of action would result in a violation of the Land
Development Regulations.
SECTION 6.14 EFFECT OF FINAL PLAT AND IMPROVEMENT PLAN
APPROV AL
Approval of both a proposed Final Plat and a proposed Improvement Plan for the parcel
in question shall serve as the basis for the issuance of Site Development Permits and
Certificates of Completion.
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SECTION 6.15 GUARANTEE OF IMPROVEMENTS
Prior to the issuance of a Site Development Permit and prior to the recording of the Final
Plat, the installation, completion and maintenance of all required improvements shall be
guaranteed in a manner acceptable to the Administrative Official and in conformity with
all applicable provisions of the Land Development Regulations.
SECTION 6.16 RECORDING OF FINAL PLAT
The Administrative Official shall certify that the Final Plat, the Improvement Plan and all
required supplementary materials, documents, agreements, guarantees, bonds and
instruments meet all requirements of the Land Development Regulations and shall
transmit such certification to the City Clerk. Upon receipt of such certification of the
Administrative Official, approval of the Final Plat by the City Commission and receipt of
all required fees and documents from the owner, including proof that all taxes on the land
have been paid, the City Clerk shall, within a period of thirty (30) days, cause the Final
Plat to be recorded in the manner prescribed by law by the Clerk of the Circuit Court of
Seminole County.
No plat of lands in the City of Sanford subject to the Land Development Regulations
shall be recorded, whether as an independent instrument or by attachment to another
instrument entitled to record, unless and until such plat has been approved by the City
Commission in accordance with the provisions of the Land Development Regulations.
SECTION 6.17 V ACA TION OF PLATS
Subdivision plats or a portion thereof shall be vacated in the manner prescribed by law
and shall be initiated in one of the following described manners:
A. By Owner. The owner of any land subdivided into lots located in the City of
Sanford, Florida may apply to the City in the manner prescribed by law to
remove, vacate and abandon an existing plat or portion thereof from the official
records of Seminole County. The applicant shall submit the Petition, Proof of
Publication of Notice of Intent, Certificate of Title, Statement of Taxes and
Resolution and a survey and legal description of the land area involved in the
application as prepared and signed by a registered surveyor and shall pay the fee
established in the manner prescribed is Article VII. The Development Review
Team shall review such proposed application for vacation, transmit any
recommendation to the City Commission. The application shall be acted upon by
the City Commission. The applicant shall be responsible for recording the
vacation and the Proof of Publication with the Clerk of the Circuit Court of
Seminole County.
B. By City Commission. The City Commission may vacate and abandon all or part
of a subdivision located in the City of Sanford. Such action may include the
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vacation of streets, lots, tracts or other parcels. Such action shall be based on
findings by the City Commission that the proposed vacation and abandonment:
I. Is consistent with the Comprehensive Plan.
2. Promotes the public health, safety, economy, comfort, order, convenience,
and welfare.
3. Does not result in a violation of the Land Development Regulations.
4. Does not result in the owner of any parcel of land being deprived by the
vacation and abandonment of the plat or portion thereof in question, of
reasonable access to such parcel nor of reasonable access there from to
existing facilities to which such parcel has theretofore had access;
provided, however, that such access remaining or provided after such
vacation need not be the same as that theretofore existing, but shall be
reasonably equivalent thereto.
Before acting on a proposal for vacation and abandonment of subdivided land, the City
Commission shall hold an advertised public hearing in the manner prescribed by law.
SECTION 6.18 REPLA TS, RESUBDIVISION AND CORRECTIONS
A. Substantially Similar Plats. If a platted area is proposed to be replatted and if the
proposed plat is substantially similar in design, layout, and concept to the original
plat, as determined by the Administrative Official, and, if all lots, tracts, streets
and easements are in conformity with the Land Development Regulations, then
only a final plat complying with the requirements of the Land Development
Regulations is required. The original plat or portion of a plat of the parcel to be
replatted must be vacated and abandoned in accordance with Section 6.17, in the
manner prescribed by law and prior or coincidental to approval of a final plat by
the City Commission.
B. Corrective Plats. In the event an appreciable error or omission in the data shown
on any plat duly recorded under the provisions of the Land Development
Regulations and state law is detected by subsequent examination or revealed by a
retracement of the lines during the original survey of the lands shown on such
recorded plat, the land surveyor who was responsible for the survey and the
preparation of the plat as recorded may file an affidavit confirming that such error
or omission was made. However, the affidavit must state that he has made a
resurvey of the subject property in the recorded subdivision within the last ten
(10) days and that no evidence existed on the ground that would conflict with the
corrections as stated in the affidavit. The affidavit shall describe the nature and
extent of such error or omission and the appropriate correction that, in his
opinion, should be substituted for the erroneous data shown on such plat or added
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to the data on such plat. Said affidavit shall be filed and recorded in the manner
prescribed by law.
SECTION 6.19 VACATION OF RIGHTS-OF-WAY AND EASEMENTS
In the manner prescribed by law, rights-of-way and easements may be vacated by the
City Commission after an advertised public hearing is held on the matter. An applicant
requesting such action shall submit to the City Clerk the following:
a. Application;
b. Recommendation letters from utility companies;
c. Survey and/or legal description of the area to be vacated; and
d. A fee established in the manner prescribed in Article X.
The City Clerk shall prescribe and approve forms for petitions to vacate rights-of-way
and/or easements.
Upon receipt of the above, the City Clerk shall publish a notice of public hearing not less
than fourteen (14) days prior to the public hearing, and shall notify property owners by
certified, return receipt requested mail, as follows:
a. Rights-of-way: All owners of property whose property lies within the
block or blocks where the right-of-way is proposed to be vacated.
b. Easement: The property owner(s) whose property abuts the portion of
easement to be vacated.
In addition to the above, the City Clerk shall transmit to the applicant notice setting forth
the time and place of the hearing and a description of the right-of-way or easement to be
vacated. The applicant shall post same at each end of the right-of-way or easement to be
vacated, not less than fourteen (14) days prior to the public hearing. Affidavit proof of
the posting shall be submitted to the City Clerk not less than seven (7) days prior to the
public hearing.
The City Commission will consider the petition based on the recommendations of the
Development Review Team in regard to the possible effect of the proposal on the City in
general, the immediate neighborhood, and individuals near the specific right-of-way or
easement in question.
SECTION 6.20 GENERAL STIPULATIONS AND CONDITIONS
The following provisions shall apply:
A. Compliance with Land Development Regulations. No subdivision shall be
made, platted, or recorded, nor shall any site development permit or building
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permit be issued, unless such subdivision meets all applicable requirements and
provisions of the Land Development Regulations.
B. Transfer of Property Regulated. No owner or agent of the owner of any parcel
of land located in a proposed subdivision shall transfer or sell any such parcel
before a final plat of such subdivision has been approved by the City
Commission, in accordance with the provisions of the Land Development
Regulations, and recorded with the Clerk of the Circuit Court.
C. Subdivision by Metes-and-Bounds Description Prohibited. The subdivision of
any lot, tract and/or parcel by the use of metes-and-bounds description and/or
other similar means for the purpose of sale, transfer, or lease with the intent of
evading the Land Development Regulations shall be considered a violation of the
Land Development Regulations and shall be considered to be void and invalid by
the City of Sanford, Florida.
D. Site Development and Construction Regulated. No site development permit or
building permit shall be issued for the construction of any building or structure
located on a lot, tract, parcel or plat subdivided, sold, leased and/or otherwise
transferred or identified in violation of the provisions of the Land Development
Regulations.
SECTION 6.21 CONFLICT WITH PUBLIC OR PRIVATE PROVISIONS
A. Public Provisions. The Land Development Regulations are not intended to
interfere with, abrogate, or annul any other City rule or regulation, statute, or
other provision of law. Where any provision of the Land Development
Regulations imposes restrictions different from those imposed by any other
provision of the Land Development Regulations or any other City rule, regula-
tions, or other provision of law, whichever provisions are more restrictive or
which impose higher standards shall control.
B. Private Provisions. The Land Development Regulations are not intended to
abrogate any easement, covenant, or any other private agreement, or restriction;
provided that, where the provisions of the Land Development Regulations are
more restrictive or impose higher standards or regulations than such easement,
covenant, or private agreement or restriction, the requirements of the Land
Development Regulations shall govern.
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