Commission recommends ordinance change: final plats administrative, but keep preliminary‑plat review and remove admin covenant review

The commission voted July 22 to forward a proposed ordinance to City Council that updates local code to comply with recent Florida law on plat approvals, with two key changes recommended by the commission: retain commission/council review of preliminary subdivision plans and remove administrative review of private covenants and deed restrictions.

Staff explained the state law (Ch. 2025‑164) requires local governments to designate an administrative authority to review and approve final plats or replats without governing‑body action and to provide an initial written response within seven days. Several commissioners said the statute’s final‑plat focus made sense but warned that preliminary sketches and plans are a distinct phase where design issues should be vetted publicly to avoid costly late changes. Member Garand and others argued administrators should not be tasked with substantive covenant review because private deed restrictions can create enforcement and constitutional issues; legal staff said municipalities can retain preliminary‑plat review while conforming final‑plat procedure to state law.

The commission moved to recommend the ordinance to council with two modifications: preserve commission/council review of preliminary subdivision plans and remove the administrator’s authority to review covenants and deed restrictions at final plat stage. The motion passed unanimously. Staff said they will redline the ordinance for council to reflect those changes and to ensure the administrative review timelines (including the seven‑day acknowledgement) are captured.