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Home My WebLink About2005 08 03 Public Hearings 400 Ordinance 2005-14 Amends Chapters 5, 9, and 20 of the City CodeLOCAL PLANNING AGENCY AGENDA ITEM 400 August 3, 2005 Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department -Planning Division, and City Attorney requests that the Local Planning Agency hold a Public Hearing to consider Ordinance 2005-14 which amends Chapters 5, 9, and 20 of the City Code, as they relate to the development review process. PURPOSE: The purpose of this Agenda Item to request the Local Planning Agency to hold a Public Hearing to bring the pertinent development review sections of the City code up to date and make them more effective and understandable. Staff recommends that the LPA postpone a decision on Ordinance 2005-14 to date certain (Tuesday, September 6, 2005), preserving the advertising. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.2511-163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 177 Land Boundaries. Winter Borings Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15 Ordinances in General. Winter. Springs Code of Ordinances, Chanters 5, 9, & 20 CHRONOLOGY: June 23, 2005- Public Noticing in Orlando Sentinel of LPA Public Hearing July 6, 2005- P & Z Board (LPA) heard the request and postponed it to (date certain) August 3, 2005. CONSIDERATIONS: Ordinance 2005-14 is intended to simplify the current application process and general procedures relevant to the development review process. Although a draft ordinance was supplied to the Board at the July 6, 2005 Meeting, revisions to this draft are still being August 3, 2005 Public Hearing Item 400 refined. The revised draft Ordinance No. 2005-14 will incorporate the recommendations of the City Attorney and staff, once it is completed. FINDINGS: • The request is in keeping with the intent of the City's Comprehensive Plan, and Chapter 163 of Florida Statutes. • The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. • The request is in keeping with Article VIII, Section 2(b) of the State Constitution. STAFF RECOMMENDATION: Staff recommends that the LPA postpone a decision on Ordinance 2005-14 to date certain (Tuesday, September 6, 2005), preserving the advertising. ATTACHMENTS: A- Development Review Process LPA ACTION: Page 2 August 3, 2005 Public Hearing Item 400 ATTACHMENT A- Development Review Process (1)Pre-Application Conference- The applicant and his/her engineer and possibly builder meets with staff to determine if the property can be developed in the manner desired by the applicant as well as to determine the restrictions on the property, availability of utilities, applicable permits, fees, scheduling, and process; (2) Preliminary Engineering Plans (for site or subdivision)- The applicant (or his/her engineer) submits plans prepared and sealed by aFlorida-licensed professional engineer with necessary information (e.g. boundary, topography, and tree survey with boundaries of any wetlands and/or floodplain). (The applicant may skip preliminary engineering [steps (2) through (7)] and go directly to final engineering, step (8), if desired.) (3) Staff Review of Preliminary Engineering Plans- The plans are reviewed for consistency with the City's Comprehensive Plan and Code as well as applicable state and/or federal regulations and the St. Johns River Water Management District rules; (4) Revised Preliminary Engineering Plans (if necessary)- The applicant (or his/her engineer) submits revised plans prepared and sealed by aFlorida-licensed professional engineer, which include a written response to each of the comments made by Staff. The revised plans are reviewed for consistency with applicable regulations. (Numerous submittals maybe required to achieve compliance with applicable regulations.) (5) Staff Review of Revised Preliminary Engineering Plans- Staff determines that the Plans meet the applicable regulations; (6) Planning & Zoning Board Review and Recommendation of Preliminary Engineering Plans - The Planning & Zoning Board reviews the plans and makes recommendation for approval, approval with comments, or denial, to the City Commission. (7) City Commission Approval of Preliminary Engineering Plans- The City Commission reviews the plans and approves, approves -subject to conditions (which may require changes), or denies; (8) Final Engineering Plans (for site or subdivision)- The applicant (or his/her engineer) submits plans prepared and sealed by aFlorida-licensed professional engineer with necessary information; (9) Staff Review of Final Engineering Plans- The final plans are reviewed for consistency with final engineering requirements (much more detailed plans than the initial footprint set forth in the preliminary plans); Page 3 August 3, 2005 Public Hearing Item 400 (10) Revised Final Engineering Plans (if necessary)- The applicant (or his/her engineer) submits revised plans prepared and sealed by aFlorida-licensed professional engineer, which include a written response to each of the comments made by Staff. The revised plans are reviewed for consistency with applicable regulations. (Numerous submittals may be required to achieve compliance with applicable regulations.) (11) Staff Review of Revised Final Engineering Plans- Staff determines that the Plans meet the applicable regulations; (12) Planning & Zoning Board Review and Recommendation of Final Engineering Plans Recommendation (optional)- The Planning & Zoning Board reviews the final plans IF they differ significantly from the approved preliminary plans in "layout" or "foot-print" and makes recommendation for approval, approval with comments, or denial, to the City Commission. (13) City Commission Approval of Final Engineering Plans- The City Commission reviews the Final Plans and approves, approves -subject to conditions (which may require changes), or denies; (14) Pre-Construction Meeting- After Final Plans are approved, aPre-Construction Meeting is held, where the applicant's development team meets with City staff, utility providers, and possibly FDOT representatives to address the orderly and safe development of the site. Plans are stamped and signed by City Staff -these are the official construction plans that are to be kept at City Hall and on the site and used for all reference. Fire hydrants and adequately stabilized access must be provided/available before combustible material is brought to the site and/or vertical construction commences. (15) City Commission Acceptance of Infrastructure- The City Commission accepts the ownership and maintenance of the improvements (infrastructure e.g. potable water, sanitary sewer, and roads [unless it is a private subdivision - in which case the City does not and will not accept the roads], subject to a 2 year maintenance bond for these improvements) based on a determination that the improvements have been built in substantial accordance with the final engineering plans. (16) Certificate of Occupancy- The City's Building Division issues a Certificate of Occupancy, when the building is complete and ready to be occupied. (17) Subdivision Plat- (applies to subdivisions only) Final subdivision plat must be submitted by aFlorida-licensed professional surveyor, consistent with the statutory requirements of Chapter 177, Florida Statutes, for platting. If the site improvements (e.g. potable water, sanitary sewer, storm-water facilities, roadways, sidewalks, walls/fences, and/or amenity features) are not fully constructed by the time the final subdivision plat is ready for City Commission approval, a performance bond or similar instrument is required to ensure completion. Page 4 August 3, 2005 Public Hearing Item 400 (18) Staff Review of Plat- Staff reviews the plat for consistency with the final engineering plans, applicable conditions of approval, and Chapter 177. The City sends the plat to aFlorida-licensed surveyor consultant to review the plat and (once any required changes are made) certify it is consistent with Chapter 177. (19) City Commission Plat Approval- The City Commission reviews the plat, any homeowner restrictive covenants, and the performance bond and approves, approves - subject to conditions (which may require changes), or denies; (20) Plat and Homeowner Restrictive Covenants Recorded- After City Commission approval, staff and the applicant record the plat and homeowner restrictive covenants with the Clerk of the Circuit Court. Page 5