Loading...
HomeMy WebLinkAboutItem #05 First Reading of Ordinance Regarding Changes to the LDC to Create Lot-split Review Process and Modify Short-form Sub. Review Process - Q~O ~J! AGENDA ITEM COVER SHEET Meeting Date: June 2, 2009 Item # 5 Contact Name: Contact Number: AI Butler 407-905-3100, ext. 1543 Reviewed By: Department Director: City Manager: Subject: Approval of changes to the Land Development Code to create a Lot-split Review Process and to modify the Short-form Subdivision Review Process. Background Summary: A number of lot splits and small subdivisions have occurred in recent years that presented serious obstacles to the property owner in the review and approval process without offering any benefits to the City of Ocoee and its citizens as a result of that difficult and potentially expensive review process. Gaps in the review process were also identified, such as a lack of applicant certification regarding any homeowners' association review required by restrictive covenants. Staff conducted an evaluation of the short-form subdivision review process to identify those portions of the existing process that needed to be revised so as to provide for adequate protection of the public while removing undue obstacles to the property owner's right to use his or her land. The result of that review process was a set of proposed modifications to the current Short-form Subdivision Review Process contained in 94-4.1 of the Land Development Code of the City of Ocoee and the proposed addition of a new 94-4.2 for review of lot splits. Included in the recommended modifications are new application forms and lower processing fees. The Land Development Code of the City of Ocoee presently permits use of a short-form subdivision plat review process when certain conditions are met, such as the subdivision involving 10 or fewer lots and no extension of roads and utilities. The Land Development Code defines subdivision as "the division or redivision of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land" (92-4 C 297). However, State law establishing the power of municipalities to regulate subdivisions of land within their limits defines subdivisions as "the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land" (9177.031(18), Fla. Stat.). Thus, there is an inconsistency between the Land Development Code and the Florida Statute that establishes the City's authority for subdivision review in that the Land Development Code sets the review threshold at two lots while Florida law sets it at three. Subdivisions of land falling below the "three new lots" threshold established in Florida Statutes are called lot splits. The Land Development Code does not provide for the review of lot splits; however, the Orange County Property Appraiser requires a letter of concurrence from any municipality within which the lot split is located in order to ensure that the lots being created conform to the local land development code. Although Florida law exempts lot splits from the typical subdivision review process, such conformance affects the value of the lots being created. 1 ---I I Issue: The Engineering Division has proposed a modification to the Land Development Code that will add a new Lot Split Review Process and revise the existing Short-form Subdivision Review Process. Both review processes begin with a pre-application meeting between the potential applicant and City staff. In addition to recognizing the State-established threshold of three new lots as an upper limit for subdivisions that may utilize the Lot Split Review Process, the standards are those of the Short-form Plat Review Process; e.g., no significant public infrastructure improvements are required and the proposed lots meet the requirements of the Land Development Code for such factors as minimum right of way and size. There is also a proposed requirement for the parent parcel to be split having been platted prior to July 1, 1991-a date established by changes in the Florida platting process. Proposed Process Comparison Table Lot S lit 2 Yes 4 $500 No No Yes Yes No No None No No Short- form 10 Yes 10 $1,500 Ma * Ma * Yes Yes Limited** Yes Ad'acent Yes Yes Long- form None Yes 12 Varies Yes Yes Yes Yes Yes Yes 300' Yes Yes * Requirement to use the long-form process may be waived by City Engineer for minor extensions of street and utility systems if all other conditions are met for use of short-form process. ** ORC review limited to deciding whether short-form process is applicable. Reductions in applicant cost and City processing are offered by the need for fewer copies of the proposed plat, elimination of the requirement for legal and surveyor reviews, removal of Development Review Committee actions, and omission of public notification and City Commission action. All of these changes are based on the proposed lot split falling below the subdivision review threshold established by Florida Statutes. As a result, the City is not approving the plat, only reviewing it so as to offer advice to the applicant and the Orange County Property Appraiser regarding factors that can influence the market value of the resulting lots. The current Short-form Subdivision Review process is modified by the proposed changes to be consistent with State law and to offer some minor amount of flexibility with regard to the need for minor additions to the City's street and utility systems in order to provide for development of all proposed lots. The proposed modifications also move management of the short-form subdivision review process from the Engineering Division to the Planning Division, as the standard of review will be compliance with zoning requirements and related aspects of the Land Development Code. The role of the Development Review Committee is set at concurrence with suitability of the short-form review process; any member can object to use of the short-form review process. Process improvements are offered by restricting the property owner notification process to the adjacent 2 properties. Beyond these changes, numerous small revisions provide consistency with other parts of the Land Development Code and simplify the process in various ways. Existing provisions preserved by the proposed language include omitting public hearings from the short-form review process. City Commission action and various official signatures upon approval also remain in place to protect the public. Recommendations The Engineering Division recommends that the City Commission approve the proposed modifications to the Land Development Code, which was previously endorsed by the Planning and Zoning Commission by unanimous vote at its meeting of May 12, 2009, following a public hearing. Attachments: · Proposed ordinance with modifications to Article 4 of the Land Development Code; · Proposed Lot Split Approval Application (Form 35); · Proposed Short-form Subdivision Approval Application (Form 28); and . Proposed Owner's Affidavit (Form 36). Financial Impact: The proposed modification changes the fee for short-form subdivision review from a variable fee to a fixed fee and establishes a new fixed fee for lot-split review. The new fees are expected to create neutral revenue impacts on the City. Type of Item: (please marl< with an "x'? Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerl<'s DeDt Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda X Original Document/Contract Attached for Execution by City Clerk - Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ~-- --d1 N/A N/A N/A 3 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE KNOWN AS THE LAND DEVELOPMENT CODE; AMENDING SUBSECTION 4-4.1 OF ARTICLE IV OF CHAPTER 180 TO REVISE THE PROCESS FOR SHORT-FORM SUBDIVISION PLAT REVIEW; CREATING SUBSECTION 4-4.2 OF ARTICLE IV OF CHAPTER 180 TO ESTABLISH THE PROCESS FOR LOT SPLIT PLAN REVIEW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend various provisions of Chapter 180 of the Code of Ordinances of the City of Ocoee known as the Land Development Code; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, held a public hearing on May 12, 2009 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan and, following such hearing, found this Ordinance to be consistent with the Ocoee Comprehensive Plan and in the best interest of the City of Ocoee, and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166.041, Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on June 2, 2009 and on June 16, 2009, after at least ten (10) days' public notice, and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and the adoption of the Ordinance is in the best interest of the City of Ocoee; NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163, 166, and 177, Florida Statutes. SECTION 2. Amendment of Subsection 4-4.1 of Article IV of Chapter 180. Subsection 4-4.1 of Article IV of Chapter 180 of the Code of Ordinance of the City of Ocoee is hereby amended to read: S 4-4.1. SHORT-FORM SUBDIVISION PLAT REVIEW PROCESS. A. The Short Form Short-form Subdivision Plat Review Process set forth in this section is intended to provide for adequate f*lelie review of subdivisions having few lots and wlHeft that do not require dedication of streets or public or private improvements significant extension of public utility systems. The Short-form Subdivision Plat Review Process is geared toward existing lots or parcels that may be easily split into smaller lots that will still meet the requirements of the Land Development Code without the public facility improvements normally associated with larger developments. B. When an applicant proposes to subdivide property.. this Short Form Short-form Subdivision Plat Review Process may be substituted for the Subdivision Review Process set forth in Section 4-4 hereof.. provided all of the following standards are met: 1. The subdivision consists of ten (10) lots or less fewer; 2. No additional significant public infrastructure improvements are proposed for the property, except as may be required by the Land Development Code; 3. Each lot has direct aceess to frontage on an existing paved public street.,as required by Section 6 2.}1 (5) of this Code to the extent required by the property's existing zoning classification( s ); 4. The existing street layout will not be affected, except for the dedication of additional right-of-way, where required by the City; 2 5. All lots must be serviceable by existing water and sewer lines, unless this requirement is waived by the City; 6. The initial subdivision is not part of a future larger development but may be a replat of a lot or lots wffieft that are part of a an existing larger development; 7. The lots meet all applicable Land Development Code requirements; and 8. There are no special circumstances existing wffieft that result in the Development Revie'.y Committee Director of Development Services determining that the proposed plat should not be processed under the Shaft Fefffi Short-form Subdivision Plat Review Process. If all of the enumerated conditions listed above are met except for direct access to a paved public street. the applicant may be allowed to use the Short-form Subdivision Plat Review Process if the applicant agrees to pave an adiacent public road fronting the property so as to provide such access from the nearest paved public street. The City Engineer may elect to waive this requirement and allow the applicant to use the Short-form Subdivision Plat Review Process if. in the City Engineer's opinion. the cost of paving the accessing public street is excessive compared to the impact of the proposed subdivision. C. Pre-application Conference. Prior to submitting an application under this Section, the applicant shall confer with the Director of Plar~'ling Development Services and the City Engineer or their designated representatives at a pre-application conference~. In this vlay at which time the applicant may outline hislher intentions for the property and can become familiar with the procedure for the Short Form Short-form Subdivision Plat Review Process. Following the pre-application conference, the Director of Planning Development Services, after consultation with any affected Departments, shall advise the applicant regarding his preliminary determination as to whether the proposed subdivision meets the criteria for review under the Short Form Short- form Subdivision Plat Review Process~ as set forth in Section 11.1(13) 4-4.1.B, above. and advise the applicant what information must be submitted with any application that may be filed. The information required of the applicant by the Director shall be provided to the applicant in the form of a checklist that will be used by staff to ensure any subsequent application for short-form plat review contains the required information. The preliminary determination of the Director of. Planning '.viII Development Services shall be based only on the information presented at the pre-application conference and wiII not be binding on the City. The Director of Plar.ning shall advise the applicant '.vhether any additional information must be submitted v/ith an application pursuant to this section. 3 D. If, following the pre-application conference, the applicant decides to continue, then an Application for 8hort Form Short-form Subdivision Plat Review shall be submitted by the Applicant to the Engineering Planning Department along with thirteen (13) ten (0) paper copies of the proposed plat (mylar to be given to City upon appro'jal by the Development Review Committee), the applicable submittal fee, the formes) established by the City for the purpose of processing such applications with the standard information required. and such other information as may ha'le been be required by the Director of Planning Development Services at the pre application conference or otherwise required on the application form. In addition, the applicant shall submit a Certification of Title and Encumbrances in conformance with the requirements of Section 177.041, Florida Statutes (i.e., an attorney's title opinion or title company certification). No application shall be deemed accepted unless it is complete and all required information has been provided. E. Upon acceptance of the application by the Engineering Department Planning Division, copies of the proposed plat shall be distributed to the Development Review Committee. The Development Review Committee shall review the proposed plat and determine whether there are any special circumstances wffieft that, in the opinion of the Development Review Committee, should disqualify the proposed plat from being processed under the Short Form Short-form Subdivision Plat Review Process. The Development Review Committee members shall individually submit written comments on the proposed plat regarding its suitabilitv for short-form subdivision platting to the Engineering Department Planning Division. which shall provide them to the Director of Development Services for a final determination as to whether the short-form platting process can be used. In the event the Director of Development Services Review Committee determines that the proposed plat is not eligible for review under the Short Form Short-form Subdivision Plat Review Process, then in such event, the application fee shall be returned to the applicant. who the applicant shall be required advised to resubmit the proposed plat in compliance with Section 4:4 hereof, including those requirements related to Preliminary Subdivision Plans and Final Subdivision Plans. "^illy such decision of the De';elopment Re.tiew Committee may be appealed by the applicant to the City Commission. If the Director of Development Services Re'lie'N Committee determines that the proposed plat should be processed under the Short Form Short-form Subdivision Plat Review Process, then the Engineering Department Planning Division shall notify the members of the Development Review Committee. who shall have 30 days to provide comments on the proposed subdivision plat. At the same time. the Planning Division shall provide a COpy of the application and proposed plat to a Florida-licensed surveyor and mapper retained by the City for plat review under the requirements of s. 177.081(1). Florida Statutes. At the end of the review period. the Planning Division shall submit all comments of the Development 4 Review Committee and the City's reviewing surveying and mapper in a report to the applicant~ who shall make the changes necessary and then submit a revised plat to the Engineering Department Planning Division. This process shall continue until the proposed plat is satisfactory to the Development Review Committee and the reviewing surveyor and mapper retained by the City. Proposed plats processed pursuant to the Short Form Short-form Subdivision Plat Review Process shall not be subject to review by the Planning and Zoning Commission. F. The primary standard of review is found in Article VI. Section 6-10.1(4) "Lot standards" and Article V. Table 5-2 "Minimum Zoning Descriptions on Permitted Uses." Proposed lots shall conform to the provisions of these and other applicable portions of the Land Development Code. Any proposed plat that does not comply with the Land Development Code or the State laws governing the form and content of plats shall be reiected by the Director of Development Services and returned to the applicant along with instructions indicating the nature of the defect and its potential remedy. F-G. After the Director of Development Services Re';iew Committee approves the proposed plat~ the Director City Engineer shall submit the proposed plat, supporting data~ and a report from the Development Review Committee, to the City Commission on the consent agenda of the next available meeting of that body scheduled at least 30 days hence. provided, however, that prior to submittal to the City Commission, the Director City Engineer shall have received the following information from the applicant: 1. Certification of payment of taxes (Receipt from Orange County Property Appraiser's office). The applicant must submit a copy of the proposed plat to the Property Appraiser's office in order for the tax assessment information to be completed; 2. Statement of Prepaid Tax Deposit and Lien Settlement Requirements. (This form is also obtained and must be submitted through the Orange County Property Appraiser's office). The completed form and a receipt evidencing payment is then submitted to the Engineering Department; tffi€l. 3. Statement that all requirements of any applicable restrictive covenants have been met: and ~. Such other information as the Director City Engineer determines is necessary to meet the applicable requirements of the Land Development Code and Florida law. GH. All property owners 'Nithin 300 f-eet of adiacent to the land which is the subject of the proposed plat must be notified by mail at least seven (7) days prior to the date of consideration of the proposed plat by the City Commission. The notice must 5 include the date, time and place at which the City Commission will consider the proposed plat. No other public notice shall be required. HI Prior to taking action on the proposed plat, the City Commission shall call for comments from the general public; hov..e'/er, a public hearing shall not be required. Thereafter At the meeting during which the proposed plat is considered. the City Commission shall approve, approve subject to conditions, or disapprove the proposed plat. In disapproving any proposed plat, the City Commission shall provide reasons for such action. Approval shall have the same effect as if approved pursuant to Section 4-4 hereof. II. Upon approval of the plat by the City Commission, the City Engineer shall be responsible for securing required signatures and the recording of the signed plat. .\ppro':al shall have the same effect as if approved prn-suunt to Section 1 1 hereof. JK. A Final Certificate of Concurrency shall not be required in connection with the approval of a proposed plat pursuant to the Short Form Short-form Subdivision Plat Review Process. However, such approval of a proposed plat shall not create any exemption from compliance with the requirements of Article IX of this Code. Approval of a proposed plat pursuant to the Short Form Short-form Subdivision Plat Review Process shall not constitute a development order or permit or other authorization to commence development under this Code. Unless exempt under Section 9 1 (B) 9-4.B of Article IX of this Code, a Final Certificate of Concurrency shall be required prior to the issuance of a development order or permit or other authorization to commence development on a lot platted pursuant to the Short Form Short-form Subdivision Plan Review Process. SECTION 3. Creation of Subsection 4-4.2 of Article IV of Chapter 180. Subsection 4-4.2 of Article IV of Chapter 180 of the Code of Ordinance of the City of Ocoee is hereby created and shall read: S 4-4.2. LOT SPLIT PLAN REVIEW PROCESS. A. The Lot Split Plan Review Process set forth in this section is intended to provide for adequate review of lot splits that do not require dedication of streets or a significant extension of public utility systems. The Lot Split Plan Review Process is geared toward existing lots or parcels that may be easily split into smaller lots that will still meet the requirements of the Land Development Code without the facility improvements normally associated with larger developments and without falling under the subdivision platting requirements of Chapter 177, Fla. Stat. B. When an applicant proposes to subdivide property, this Lot Split Plan Review Process may be substituted for a Subdivision Plat Review Process set forth above, provided all of the following standards are met: 6 1. The subdivision will produce fewer than two new lots plus the remainder of the parent parcel; 2. No significant public infrastructure improvements are proposed for the property, except as may be required by the Land Development Code; 3. Each lot has frontage on an existing paved public street to the extent required by the property's existing zoning classification(s); 4. The existing street layout will not be affected, except for the dedication of additional right-of-way, where required by the City; 5. All lots must be serviceable by existing water and sewer lines, unless this requirement is waived by the City; 6. The lot split is not part of a future larger development but may be a replat of a lot or lots that are part of a an existing larger development; 7. The lots meet all applicable Land Development Code requirements; 8. All requirements of any applicable restrictive covenants have been met; 9. There are no special circumstances existing that result in the Director of Development Services determining the proposed plat should not be processed under the Lot Split Review Process; and 10. All parent lots were created by deed prior to July 1, 1991. C. Pre-application Conference. Prior to submitting an application under this Section, the applicant shall confer with the Director of Development Services and the City Engineer or their designated representatives at a pre-application conference, at which time the applicant may outline his/her intentions for the property and can become familiar with the procedure for the Lot Split Plan Review Process. Following the pre- application conference, the Director of Development Services, after consultation with any affected Departments, shall advise the applicant regarding his preliminary determination as to whether the proposed subdivision meets the criteria for review under the Lot Split Plan Review Process, as set forth above, and advise the applicant what information must be submitted with any application that may be filed. The information required of the applicant by the Director shall be provided to the applicant in the form of a checklist that will be used by staff to ensure any subsequent application for lot split plan review contains the required information. The preliminary determination of the Director of Development Services shall be based only on the information presented at the pre-application conference and will not be binding on the City. 7 D. If, following the pre-application conference, the applicant decides to continue, then an Application for Lot Split Plan Review shall be submitted by the Applicant to the Planning Division along with four (4) paper copies of the proposed plat, the applicable submittal fee, the form(s) establish for this purpose by the City with the required standard information, and such other information as may be required by the Director of Development Services. No application shall be deemed accepted unless it is complete and all required information has been provided. E. Upon acceptance of the application by the Planning Division, a copy of the proposed plat shall be distributed to the City Engineer, who shall review the proposed plat and determine whether there are any special circumstances that, in his opinion, should disqualify the proposed plat from being reviewed under the Lot Split Plan Review Process. The City Engineer shall submit written comments on the proposed plat regarding its suitability as a lot split to the Director of Development Services for a final determination as to whether the lot split process can be used. In the event the Director of Development Services determines that the proposed plat is not eligible for review under the Lot Split Plan Review Process, then the applicant shall be required to resubmit the proposed plat in compliance with Section 4-4 or 4-4.1 hereof, as appropriate. If the Director of Development Services determines that the proposed plat should be processed under the Lot Split Plan Review Process, then the Planning Division shall notify the City Engineer, who shall have 30 days to provide comments on the proposed lot split. At the same time, the Planning Division shall review the proposed lot split for conformance with this Land Development Code and State law, and may submit the proposed plat to any other member(s) of the Development Review Committee to solicit review comments. At the end of the review period, the Planning Division shall submit all comments to the Director of Development Services in a report to the applicant. Upon approval by the Director of Development Services, the response shall be provided to the Applicant, who shall make the changes necessary and then submit a revised plat to the Planning Division. This process shall continue until the proposed plat is satisfactory to the Director of Development Services. Proposed plats processed pursuant to the Lot Split Plan Review Process shall not be subject to review by the Planning and Zoning Commission and approval by the City Commission. By definition, such plats do not fall under the requirements of sections 177.071 and 177.081, Florida Statutes, for review by a surveyor and mapper retained by the City or approval by the governing body. F. The primary standard of review is found in Article VI, Section 6-10.J(4) "Lot standards" and Article V, Table 5-2 "Minimum Zoning Descriptions on Permitted Uses." Proposed lots shall conform to the provisions of these and other applicable portions of the Land Development Code. Any proposed plat that does not comply 8 with the Land Development Code or the State laws governing the form and content of plats shall be rejected by the Director of Development Services and returned to the applicant along with instructions indicating the nature of the defect and its potential remedy. The applicant may subsequently resubmit four (4) copies of a revised plat to the Planning Division. This process shall continue until the proposed plat is satisfactory to the Director of Development Services, provided that the application shall be considered to be withdrawn if the applicant fails to revise and resubmit the proposed plat within 90 days of the Director's notification of rejection. G. After the Director of Development Services approves the proposed lot split, the Director shall submit a letter of lot split plan approval to the Orange County Property Appraiser, provided, however, that the Director shall have received the following information from the applicant: 1. Certification of payment of taxes (receipt from Orange County Property Appraiser's office). The applicant must submit a copy of the proposed plat to the Property Appraiser's office in order for the tax assessment information to be completed; 2. Statement of Prepaid Tax Deposit and Lien Settlement Requirements. (This form is also obtained and must be submitted through the Orange County Property Appraiser's office.) The completed form and a receipt evidencing payment is then submitted to the Planning Division; 3. Statement that all requirements of any applicable restrictive covenants have been met; and 4. Such other information as the Director of Development Services determines is necessary to meet the applicable requirements of the Land Development Code and Florida law. H. A Final Certificate of Concurrency shall not be required in connection with the approval of a proposed plat pursuant to the Lot Split Plan Review Process. However, such approval of a proposed plat shall not create any exemption from compliance with the requirements of Article IX of this Code. Approval of a proposed plat pursuant to the Lot Split Plan Review Process shall not constitute a development order or permit or other authorization to commence development under this Code. Unless exempt under Section 9-4.B of Article IX of this Code, a Final Certificate of Concurrency shall be required prior to the issuance of a development order or permit or other authorization to commence development on a lot platted pursuant to the Lot Split Review Process. SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances, or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. 9 SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the City of Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors that do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2009. ATTEST: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) I 2009 I 2009 , 2009 ADVERTISED AND ADVERTISED FIRST READING SECOND READING AND ADOPTED , 2009 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2009. FOLEY & LARDNER By: City Attorney 10 City of Ocoee Development Services Department 150 N. Lakeshore Drive, Ocoee, FL 34761 407-905-3100 ext. 1505 * Fax 407-656-7835 Application for Short-form Subdivision Plat Approval For Creating Fewer than Ten (10) New Lots Fee: $1,500.00 Project No. For City Use Only Fee Paid Date Paid To Be Completed by Applicant (please type or print): Parent Property Description (Use additional space on Page 2 if more than two parent parcels) ParcelfTax ID ParcelfTax ID Applicant Information Name Mailing Address Telephone - Voice Fax Owner Information _ Check if Applicant (Use additional space on Page 2 if more than one owner) Name Mailing Address Telephone - Voice Fax Reason for Application Number of Parent Parcels Number of Resulting Parcels Acres Note: Total number of parcels to be created must be ten or fewer, including the remainder of any parent parcel. Application is to split JOin reconfigure parent parcels (check which applies) Describe planned improvements (Use additional space on Page 2, if required) Information for Applicants City Land Development Code Section 4-4.1.8 governs short-form subdivisions. It sets forth eight basic requirements for implementation of this part of the Code, all of which must be met- 1. The subdivision will produce ten (10) or fewer lots. 2. No additional improvements are proposed beyond those required by the Land Development Code. 3. Each lot will have direct access to an existing paved street with the frontage required for the zoning. 4. Existing streets will not be affected, except as applicant may be required to provide additional right of way in order to meet the minimum street design standards. 5. All lots will be serviceable by existing water and sewer lines, unless waived by the City. 6. The initial subdivision is not part of a larger subdivision, although it may be a replat of a single lot or multiple lots within a larger development. 7. The proposed lots meet all applicable Code requirements. 8. There are no special circumstances that exist so as to lead the City Engineer to determine that the proposed plat should not be handled through the short-form process. Each application must include the following attachments: _ Ten (10) copies of a sealed survey certified within the last 90 days identifying: (1) existing parcel and lot boundaries and dimensions; (2) proposed parcel and lot boundaries and dimensions; (3) area, in acres or square feet, of each resulting parcel or lot; (4) all existing structures; (5) all existing easements; (6) any designated wetlands; (7) 1 DO-year flood zone boundary or a statement that the project area is outside that zone; (8) all adjoining rights of way; planned source of potable water (city or well) for each lot; and (9) sanitary sewer service (city of septic tank) for each lot. Note that approval of this application does not constitute approval of the potable water supply or sanitary sewer service. _ A metes and bounds description of the parent parcel(s). _ Certification of Title and Encumbrances; Le., attorney's title opinion or title company certification. _ If the Applicant is not the Owner, a notarized statement by Owner granting the right to Applicant to submit this application. (Use City Form 36.) _ A copy of any restrictive covenants applying to the parent parcel(s). _ Other information specified at the pre-application meeting. (List below.) Additional Notes Applicant's Statement This request is being made to divide and/or join property for the purpose of obtaining building permits or transferring ownership. I understand that any action to divide land will require concurrence of the City Engineer of the City of Ocoee and may require further approvals by other agencies. I understand that this application may take as long as eight (8) weeks to be reviewed by staff and a written response provided. I further understand that any request to alter lot or parcel boundaries is subject to the Ocoee Land Development Code, the City's comprehensive plan, and other applicable ordinances and regulations. In the event that approval of this application is granted based on false information provided by the Applicant, Property Owner, or Surveyor, the City has the right to revoke the approval and any permits issued hereunder as a result of that false information, whether supplied through error or intent. Applicant's Signature Date Signed City of Ocoee Form 28-1 (March 2009) 2 City of Ocoee Development Services Department 150 N. Lakeshore Drive, Ocoee, FL 34761 407-905-3100 ext. 1505 * Fax 407-656-7835 Application for Lot Split Plan Approval For Splitting Up to Two (2) Lots from an Existing Parcel Fee: $500.00 (non-refundable) Project No. For City Use Only _ Pre-app Conference _ Fee Paid Date Paid To Be Completed by Applicant (please type or print): Parent Property Description (Use additional space on Page 2 if more than two parent parcels) ParcelfTax ID ParcelfTax ID Applicant Information Name Mailing Address Telephone - Voice Fax Owner Information _ Check if Applicant (Use additional space on Page 2 if more than one owner) Name Mailing Address Telephone - Voice Fax Reason for Application Number of Parent Parcels Number of Resulting Parcels Acres Note: Total number of parcels to be created must be two or fewer, not including the remainder of the parent parcel. Application is to split join reconfigure parent parcels (check which applies) Describe planned improvements (attach additional sheets, if required): 3 Information for Applicants City Land Development Code Section 4-4.2 governs lot splits. It sets forth eight basic requirements for implementation of this part of the Code, all of which must be met- 1. The subdivision will produce three (3) or fewer lots, including the remainder of the parent parcel. 2. No additional improvements are proposed beyond those required by the Land Development Code. 3. Each lot will have direct access to an existing paved street with frontage required by the zoning. 4. Existing streets will not be affected, except as may be required to provide additional right of way in order to meet the minimum street design standard. 5. All lots will be serviceable by existing water and sewer lines, unless waived by the City. 6. The initial subdivision is not part of a future larger subdivision, although it may be a replat of a single lot or multiple lots for parcels established by deed prior to July 1, 1991. 7. The proposed lots meet all applicable Code requirements. 8. There are no special circumstances that exist so as to lead the Development Review Committee to determine that the proposed plat should not be handled through the short-form process. Each application must include the following attachments: _ Four (4) copies of a sealed survey certified within the last 90 days identifying: (1) existing parcel and lot boundaries and dimensions; (2) proposed parcel and lot boundaries and dimensions; (3) area, in acres or square feet, of each resulting parcel or lot; (4) all existing structures; (5) all existing easements; (6) any designated wetlands; (7) 1 OO-year flood zone boundary or a statement that the project area is outside that zone; (8) all adjoining rights of way; planned source of potable water (city or well) for each lot; and (9) sanitary sewer service (city of septic tank) for each lot. Note that approval of this application does not constitute approval of the potable water supply or sanitary sewer service. _ A metes and bounds description of the parent parcel(s). _ A copy of any restrictive covenants applying to the parent parcel(s). _ If the Applicant is not the Owner, a notarized statement by Owner granting the right to Applicant to submit this application; see Form 36. Applicant's Statement This request is being made to divide and/or join property for the purpose of obtaining building permits or transferring ownership. I understand that any action to divide land will require concurrence of the City Engineer of the City of Ocoee and may require further approvals by other agencies. I understand that this application may take as long as eight (8) weeks to be reviewed by staff and a written response provided. I further understand that any request to alter lot or parcel boundaries is subject to the Ocoee Land Development Code, the City's comprehensive plan, and other applicable ordinances and regulations. In the event that approval of this application is granted based on false information provided by the Applicant, Property Owner, or Surveyor, the City has the right to revoke the approval and any permits issued hereunder as a result of that false information, whether supplied through error or intent. Applicant's Signature Date Signed City of Ocoee Form 35 (March 2009) 4 _ _ ________-------.J City of Ocoee Development Services Department Owner's Affidavit STATE OF COUNTY OF Before me, the undersigned personally appeared duly sworn on oath, depose(s) and say(s): , who being first 1. That they/she/he are/is the fee- simple owner(s) of the property legally described in this application and that the attached ownership list is made a part of the affidavit and contains the legal description(s) for the real property, and the names and mailing addresses of all owners having an interest in said land. 2. That they/she/he desire(s) (specify action sought for said property): 3. That they/she/he have/has appointed (specify agent) to act as the Owner's Authorized Agent to represent the Owner in connection with the proposed action and the real property described in this application. 4. That they/she/he agree to be bound by the actions of the Owner's Authorized Agent designated in Paragraph 3 above and the Ocoee Land Development Code. 5. That they/she/he affirm(s), certify(ies), and will comply with all ordinances, regulations, and provisions of the City Code of the City of Ocoee, and that all statements and diagrams submitted herewith are true and accurate to the best of their/his/her knowledge and belief and further, that this application and attachments shall become part of the official records of the City of Ocoee, and are not returnable. Owner's Signature Sworn to or affirmed and signed before me on Month Day Year NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk to the left of signature] Affiant is _Personally known; or produced identification Type of identification produced City of Ocoee Form 36 (March 2009) 5