(A) Preliminary subdivision, final subdivision, and final subdivision plat approval shall be required for the subdivision or reconfiguration of property boundaries where sufficient right-of-way width; adequate paved public road frontage for each proposed lot; lot size; adequate water, sewer, and drainage facilities; and infrastructure or concurrency issues are not adequately addressed. The City Engineer may defer infrastructure issues to the individual site plan stage for non-single-family-residential projects, if he/she finds that determination and provision of the needed infrastructure can most reasonably be accomplished when the applicant has specifications for the particular lot or lots. In this situation, to create as many as four lots, only a final subdivision plat is required.
(B) A final subdivision plat, consistent with the requirements of Chapter 177, Florida Statutes, must be submitted, reviewed, fully executed, approved, and recorded to subdivide or reconfigure, into four or fewer lots, any existing lot(s) or parcel(s), except through the following subdivision waiver requirements:
(1) Waiver criteria. Parcels of record or lots of record, which were created either prior to February 20,1975 (the adoption date of the original Lake Mary subdivision regulations by Ordinance No. 24) or through a final subdivision plat, may be subdivided into four lots, through the application for a waiver of the subdivision platting requirements set forth in this chapter. This waiver may also be used to combine or reconfigure as many as four existing legally created parcels or lots, where the total number of parcels or lots is not increased, and all of the proposed new parcels or lots meet all applicable requirements set forth in the City Code of Ordinances. The City Manager or his/her designee may approve such a waiver if and only if all of the following criteria are met. There shall be no exceptions or variances.
(a) The subdivision of the property will not create more than four parcels or lots; or the combination or recombination of portions of not more than four previously created parcels or lots where the total number of parcels or lots is not increased; and the resultant parcels or lots each meet the minimum standards set forth in the City Code of Ordinances for the applicable zoning, Future Land Use designation or other applicable standard; and
(b) Each proposed parcel or lot must meet or exceed the minimum lot size of the designated zoning category, future land use designation, overlay district or other applicable standard; and
(c) Each lot must have frontage as required by the zoning district on a paved road or a road with cold mix paving with a right-of-way consistent with Chapter 155, Appendix A, of this code. Cold mix paved roads shall have been paved by the city and shall not have been paved prior to 1999; and
(d) For septic systems to be utilized (where a sewer system is not available), each lot must contain at least the minimum area and dimensions required from the Seminole County Health Department for the soils present on-site (applicant shall provide documentation of Health Department requirements as part of the application for lot split waiver); and
(e) The new subdivision or reconfiguration does not create or vacate any portion of a road, street, alley, or other right-of-way, or easement, or require the establishment of a frontage or service road. Properties required to dedicate a conservation easement per Chapter 160 may utilize the provisions of this section as long as the easement is conveyed to the city prior to recording the subdivision of property and/or the reconfiguration of existing lots; and
(f) Off-site extension, relocation, or upgrade, or other provision of water, sewer, drainage or other infrastructure is not required (except as set forth in subsection (A) above): and
(g) The proposed subdivision or reconfiguration does not create any flag lots, as defined in this chapter; and
(h) The proposed subdivision or reconfiguration complies with applicable concurrency requirements; and
(i) No other infrastructure improvements are deemed necessary by the Development Review Committee to protect public health and safety.
(2) Waiver review procedures.
(a) Submittal. The application and supporting waiver information, as identified in this section, shall be submitted to the Community Development Department.
(b) Waiver information. The following information must be submitted to the Community Development Department for review. Any incomplete application package will not be processed or reviewed; it must be picked up by the applicant within one week of being notified that the application is substantially incomplete. The city assumes no liability for maintaining or storing an incomplete application package.
1. Application and fees. The applicant shall submit an application with the required fees.
2. Development plan. Sixteen signed and sealed copies of the development plan, drawn to a reasonable scale, prepared by a Florida-licensed land surveyor, and depicting the following:
a. Legend.
(i) Name and address of the applicant and property owner;
(ii) Legal description and address of the property;
(iii) Scale of the drawing;
(iv) Total acreage to be divided, combined or recombined;
(v) Existing number of parcels or lots;
(vi) Proposed number of lots; and
(vii) Current zoning and future land use designation.
b. Location map. A map depicting the relationship between the property proposed for development and surrounding public roads and public facilities.
c. Rights-of-way and easements. The name, location, and right-of-way width of all existing streets, roads, other rights-of-way, or easements that abut the proposed development, and the location of existing driveways and median openings in the vicinity. Easements shall be adequately described in terms of location, type, and the party or parties to whom each of the easements is granted. Copies of the easement documents may be required by the Community Development Department.
d. Lots. Lot layout depicting the location, dimensions, and area of each parcel to be created. If existing structures or other notable features exist, the location of these may be required, as pertinent, by the Development Review Committee.
3. Application for concurrency review. The applicant shall submit an application for concurrency review.
4. Addressing. The applicant shall apply for addresses for the proposed lots and shall pay all applicable fees to Seminole County.
5. Supporting documentation.
a. Soils. Adequate soil type and drainage information to allow determination of suitability of lots for building construction and septic tank use (as pertinent).
b. Topography. Topography as delineated on U.S, Geological Survey Maps is adequate, unless otherwise stated by Community Development or Engineering staff.
c. Floodplain. The 100-year floodplain elevation, as delineated on the most recent applicable Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), citing the map number and effective date of that map (properties addressed by Chapter 160 of the City Code of Ordinances, the Resource Protection Standards) shall clearly depict the 100-year floodplain elevation on the survey or provide a statement that the site is not within the 100-year floodplain.
d. Wetlands. If wetlands are present on any portion of the subject property, the wetland boundary shall be identified and verified by both the Army Corps Of Engineers and the St. Johns River Water Management District, with the wetland line or lines depicted on the survey.
e. Proof that taxes have been paid. Proof that all applicable property taxes have been paid when due, as defined in Chapter 197, Florida Statutes.
f. The Community Development Department or City Engineer may require additional information and data to ensure consistency with the requirements of other applicable laws, ordinances or regulations, or when it is reasonably necessary to protect the public health or safety, or both.
(c) Development Review Committee. After determining that the application package is complete, the Community Development Department staff shall distribute the application and supporting documentation to the Development Review Committee. The Development Review Committee shall review the application and supporting documentation for compliance with the City Code of Ordinances, Comprehensive Plan, and other applicable regulations. The Development Review Committee shall then approve, approve with conditions, or deny the application.
(d) Recording. If the Development Review Committee approves the application for the waiver, the City Manager or his/her designee shall issue a lot split affidavit to the applicant. The applicant shall record the lot split affidavit in the public records of Seminole County. The lot split affidavit shall verify that the applicant legally subdivided or reconfigured his/her property through the waiver procedure set forth in the City Code of Ordinances. The individual lots created or reconfigured by the lot split may be sold and/or building permits issued for these lots, only after the affidavit is recorded in the public records of Seminole County. The property or properties subdivided or reconfigured through this process may receive the benefit of this process on only one occasion, and a plat or vacation and replat, as may otherwise be pertinent, of the subject property shall not be required for that one event.
(e) Failure to meet the criteria. If the Development Review Committee decides that the application does not meet the criteria identified in this section, then the Development Review Committee shall provide specific written comments to the applicant stating why the application did not meet the criteria. When an application fails to meet the criteria, the applicant must submit a subdivision plan consistent with the requirements of this code.
(f) Denial and resubmittal. If the application for a waiver to the subdivision platting review process has been denied, then the Development Review Committee shall provide written comments to the applicant, stating the reasons for the denial. The applicant shall have six months to fully address the Development Review Committee's comments and resubmit the complete application. After six months, any resubmittal shall be considered a new application.
(3) Exemptions.
(a) Lots or parcels that have been created or reconfigured as a result of condemnation or other governmental acquisition, subject to meeting all other applicable development standards;
(b) Lots or parcels that have been created or reconfigured as a result of vacated public rights-of-way or railroad rights-of-way;
(c) Lots or parcels created or reconfigured pursuant to a court order;
(d) Cemetery lots or parcels and/or interest therein; and
(e) Utility stations, including, but not limited to, public well or water tower sites, sewer lift station sites, and public stormwater facility sites.
(Ord. 241, passed 11-27-85; Am. Ord. 378, passed 6-2-88; Am. Ord. 598, passed 4-16-92; Am. Ord. 641, passed 5-20-93; Am. Ord. 1005, passed 12-7-00; Am. Ord. 1137, passed 6-3-04; Am. Ord. 1140, passed 6-17-04)