Titusville P&Z recommends ordinance to allow building permits before final plat under state law

Titusville Planning and Zoning Commission members on May 7 recommended that the City Council adopt Ordinance No. 15-2025, creating an expedited permitting path that lets developers obtain residential building permits before the final plat is recorded, consistent with changes to state law.

The ordinance implements a 2024 Florida law that allows local governments to issue residential permits after administrative approval of a preliminary plat, site plan and a master building plan, while preserving the rule that certificates of occupancy (COs) cannot be issued until the final plat has been approved and recorded.

Commission staff summarized the change as a response to the Florida Legislature’s 2024 enactment requiring local governments to establish programs allowing permits on preliminary plats. The staff memo said the statute allows up to 50% of residential permits after Oct. 1, 2024, and up to 75% after Dec. 31, 2027, subject to local implementation. The proposed local procedure requires simultaneous submittal of the preliminary plat, site plan and master building plan and administrative approval before P&Z and City Council review.

Commission discussion focused on infrastructure and public-safety safeguards. Member Grama asked whether the fire marshal had reviewed the change and whether fire-protection water and services would be required before permits are issued. He said, “Has the fire marshal reviewed this proposed change and will those fire protection improvements be required before the building permits are issued?” Staff replied that the fire official is a required staff reviewer during preliminary plat review and that alternatives such as water trucks or other measures allowed by the authority having jurisdiction would be considered.

Staff explained that building permits issued under the expedited process would follow site-plan approval and completion of required site improvements identified in the master building plan. “Certificates of occupancy will not be issued prior to approval and recordation of the final plat,” staff read aloud from the draft ordinance. The packet also clarifies that bonds to guarantee completion of required improvements are required at the site-plan stage and would remain in place to protect the city if a developer abandons a project.

Commissioners asked operational questions about differences between sketch plats and preliminary plats, the timing of utilities and site improvements, and whether applicants could choose the expedited track; staff said applicants elect the expedited option and assume related risks. Staff noted the expedited process is intended to provide more engineering detail earlier in the review sequence and to allow permitted vertical construction to proceed concurrently with some horizontal infrastructure work, subject to the conditions and reviews in the proposed ordinance.

Vice Chairman Childs moved and Secretary Grant seconded a motion recommending approval of Ordinance No. 15-2025; the commission approved the recommendation unanimously in a roll-call vote.

The ordinance now goes to the City Council for final action.