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03-13-06MINUTES REGULAR CITY COMMISSION MEETING March 13, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Fletcher, was followed by the Pledge of Allegiance to the Flag. The Mayor welcomed former Commissioner Parsons to the meeting. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on February 27, 2006. Commissioner Borno requested that a change be made on page nine, Item 7E, second sentence, correcting the mailbox location from "6"' Street" to "16"' Street". Commissioner Simmons indicated there was a question of redundancy and inaccuracy on page seven. She pointed out that the Amended Motion for Item 7B, with Votes: 4 -Ayes, 1 -Nay, should be corrected from "MOTION FAILED" to read, "MOTION CARRIED". Commissioner Simmons also questioned if both of the last two motions listed for Item 7B were necessary or, if not, which one was correct. Mayor Wolfson asked the City Clerk to listen to the recording of the meeting and review this portion of the minutes accordingly. City Clerk Bussey noted that the correct settlement agreement for Item 8E was not included in the agenda packet and therefore she asked that the minutes be changed to include this agreement in the record. She requested that, on page four after the second sentence in the second paragraph, ending with "... the settlement is before you to consider", the following wording be added: "which is attached and made part of this official record as Attachment B." Motion: Approve the minutes of the Regular Commission Meeting on February 27, 2006 as amended. March 13, 2006 REGULAR COMMISSION MEETING Page 2 Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Adelaide Kirkpatrick, 1242 Beach Avenue, asked that the Commission reconsider their decision to remove the sidewalk in front of her house. For the safety of children and adults, she asked that the sidewalk be repaired so that it can be better utilized by all. Brian Platock,1640 Beach Avenue, addressed the issue of impervious surface as it relates to swimming pools. He discussed the new zoning standards and regulations being proposed and asked if there would be any grandfathering mechanism for nonconforming structures. Mr. Platock opposed the new standards and believed they would have a negative effect on real estate and property values. Bob Parrish, 1731 Beach Avenue, stated his opposition to the new residential standards ordinance being proposed and noted that he and other property owners hope to stop the ordinance from moving forward due to its effects on property rights and values. He also discussed the Winter and Company study and disputed the empirical findings of it. He asked the Commission to provide the public with the facts behind its decisions and to answer many questions the public has regarding the effects of these proposed standards. DeJean Melancon, 675 Beach Avenue, discussed the recently held Community Character Workshops. He suggested that the City create an FAQ section on the webpage so that citizens can view questions and responses that have already been addressed in the workshops. He believed that Item 7A, addressing part of the impervious surface issue, should not be voted on tonight but should be part of the Community Character discussions and decisions. Michael Hoffmann, 176 Camelia Street, had two suggestions for the City Parks and Recreation department. He recommended they extend the hours for supervisory personnel in parks in order to have the parks remain open until 9:00 or 10:00 p.m. Mr. Hoffman discussed the potential benefits this could bring to the low income areas and the safety of children. He recommended the City employ young adults from the beaches area to fill these extra positions in the parks. His second suggestion was that the City purchase land in the Marsh Oaks neighborhood to create a park area comparable to Russell Park. March 13, 2006 REGULAR COMMISSION MEETING Pa e 3 Pat Pillmore, 995 Camelia Street, discussed ways to create a cut in a busy road that is safe for cars to sit and wait on traffic. She asked fora 35 mph speed limit on Mayport Road and for a pedestrian crossing sign to be placed at the Plaza intersection soon, rather than waiting until Mayport Road is redesigned. Dorothy Kerber, 365 First Street, requested that the Commission consider restriping the west side of Sherry Drive so that children have an area to ride bikes or walk from the Five Points Intersection to the school. Sally Clemens, 1638 Park Terrace West, supported drilling for oil off the coast of Florida. Stephen Kuti, 1132 Linkside Drive, stated that he contacted the State Attorney General's office for clarification on the procedures for petitioning for an amendment to the City Charter. He questioned if the petition needed 10% or 25% of the citizens' signatures. Mr. Kuti indicated that the Attorney General's office provided three legal opinions stating that the petition needs only 10% of the registered voters' signatures and referred him to Florida Statute Section 166.031. He asked for a correct answer from the Commission. Mayor Wolfson responded that the City Attorney had provided an opinion and asked Mr. Jensen to clarify his response. City Attorney Jensen explained that amendments to the City Charter are controlled by State Statute, Chapter 166, which requires 10% of the citizens' signatures on a petition. The City Charter requires 25% of the voters' signatures on a petition in order to introduce a new ordinance or to overturn an ordinance adopted by the Commission. Lindley Tolbert, 334 Sixth Street, addressed the issue of impervious surface as it relates to swimming pools. She asked for an explanation of why changes to the definition are being proposed. She stated the St. Johns Water Management District rates pools as 0% impervious, and discussed the effects on property owners if this definition was changed. Ms. Tolbert also believed that the administrative approval of lot divisions should remain with City staff, as recommended by the Community Development Board. She spoke against politicizing the approval process for lot division. David Johnston, 2207 Alicia Lane, expressed his concerns with the draft ordinance to amend Section 24-172. He suggested that the City define the term "traditional neighborhood", that they address the issue of reconstruction after a disaster, and that they consider the potential adverse effects on property values. Mayor Wolfson proceeded to address the questions and concerns raised by the citizens. He explained that the Winter and Company study was a long process begun by the previous Commission but that there are many opportunities for citizens to participate and have open dialog regarding the March 13.2006 REGULAR COMMISSION MEETING Paee 4 issues. He responded to citizen concerns with the ability to reconstruct on their property after a catastrophic event by pointing out that guidelines for rebuilding are already provided in the City's Code. He indicated that no decisions have been made yet and that all public input is important and is being studied and evaluated at this time. He welcomed and encouraged citizens to participate and contact the Commissioners to express any concerns. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment A. His follow-up report addressed the Fitzgerald request for a waiver to on-site retention requirements and complaints about mulch piles and junk cars on Park Street. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report for February and Report of New Occupational Licenses issued in February (City Manager) B. Award a contract for Design/Construction for Wooden Bridge for the Plaza Drive Bike Path (Bid No. 0506-6) to A-One Dock Builders in the amount of $17,158.00, authorizing the City Manager to execute the agreement for construction services on the City's behalf (City Manager) C. Award the contract for Water Main Improvements at Sailfish and Plaza (Bid No. 0506-3) to Gruhn May, Inc. in the amount of $65,219 and authorize the City Manager to sign the contract (City Manager) D. Reject all bids for the Frances, Royal Palms and Sailfish sidewalk extension project (Bid No. 0506-4) and use the Annual Concrete Repairs Contractor, Gruhn May, for the construction (City Manager) E. Award the contract for Repair and Painting of Elevated Tank at Water Plant #1 (Bid No. 0506-5) to Worth Contracting in the amount of $85,690 and authorize the City Manager to sign the contract (City Manager) F. Award the bid for Ditch Spraying and Maintenance (Bid No. 0506-8) to Bluewater Environmental as the lowest bidder with a complete bid package (City Manager) Motion: Approve Consent Agenda as presented. March 13, 2006 REGULAR COMMISSION MEETING Page 5 Moved by Waters, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-188, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE (related to the use of pavers, pervious concrete or open grid paving systems) Mayor Wolfson opened the floor to a public hearing. Pat Pillmore, 995 Camelia Street, mentioned that there has been considerable improvement in the types of pavers since the issue was first addressed. There were no further comments and the Mayor closed the public hearing. Motion: To approve Ordinance No. 90-06-188 on final reading. Commissioner Borno, in response to citizens' concerns and questions, read some pertinent excerpts from the ordinance in order to clarify the issue. He explained the importance of not exceeding the limits for stormwater retention and runoff and indicated that this is the purpose of the ordinance being proposed. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED March 13, 2006 REGULAR COMMISSION MEETING Pa e 6 B. Ordinance No. 20-06-75, Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Wolfson opened the floor to a public hearing. There were no public comments and the Mayor closed the public hearing. Motion: To approve Ordinance No. 20-06-75 on final reading Mayor Wolfson asked if the design given in the agenda packet was the most recent one. Rick Carper, Public Works Director, noted that a modified version was distributed with the first reading of the ordinance. This document is attached and made part of this official record as Attachment B. Commissioner Fletcher stated he was still opposed to the proposal due to concerns with safety, cost, and location. Mayor Wolfson concurred with Commissioner Fletcher. Moved by Simmons, seconded by Borno Votes: Aye: 3 -Borno, Simmons, Waters, Nay: 2 -Fletcher, Wolfson MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request for Commission Direction with respect to revision of the definition of Impervious Surface within Section 24-17 of Chapter 24, the Land Development Regulations, related to the designation of swimming pools as pervious area (City Manager) Rick Carper, Public Works Director, reviewed the information given in the staff report. He indicated that his research did not find any instance of the St. Johns Water Management District addressing the impervious surface of residential swimming pools. Mr. Carper reviewed a table that compared the impact of different percentages of impervious surface as applied to swimming pools. This document is attached and made part of the official record as Attachment C. Mayor Wolfson discussed his concerns with any potential adverse impact on stormwater drainage or on the percolating effect of land. He asked if Mr. Carper had any concerns regarding the issue of recharge. Mr. Carper indicated that, in general, this was not a major concern because the sandy quality of the land allows water to be easily absorbed. March 13, 2006 REGULAR COMMISSION MEETING Page 7 The Mayor and Mr. Carper discussed a pool's ability to serve as a type of retention structure in general and specifically in the event of 9.3 inches of water during a 25-year storm. Commissioner Simmons supported the explanation and recommendation for designating swimming pools as 60% pervious, but noted this differed from the Community Development Board's recommendation. Conversation ensued regarding the discussions and decision of the CD Board. Commissioner Fletcher spoke in favor of the 60% pervious designation and Commissioner Borno also agreed. It was the consensus of the Commission to move forward with staff's recommendation to prepare a draft modifying the Land Development Regulations Section 24-17 to define swimming pools as 60% pervious. B. Proposed Term Limits for Board and Committee Members (City Manager) City Manager Hanson reviewed his staff report on this item and noted that currently there were no guidelines in the City Code for the reappointment of board or committee members after their term limits have expired. He explained that the draft ordinance presented in the staff report would require a member to sit out at least one term before being eligible for reappointment. In response to citizen concerns, the Mayor clarified that this item has no affect on the term limits of the Commission or the Mayor, but only applies to members of the City boards or committees. Mayor Wolfson explained the importance of requiring a break after a member's term has expired in order to give others the opportunity to serve on the boards. Commissioner Borno agreed and requested that the Commission be given a document that summarizes the terms of each board and committee. He suggested that the required time gap correspond with the number of years in that board's term. The Commissioners debated what amount of time would be most appropriate to require to elapse in between term limits. Mayor Wolfson asked each Commissioner for their preference on a proposed time gap. Commissioners Borno and Simmons supported a gap equal to the number of years of that board's term. The Mayor and Commissioners Fletcher and Waters supported a one year time gap. It was the consensus of the Commission to ask staff to revise the draft ordinance based on a one year gap in between term limits and bring it back March 13, 2006 REGULAR COMMISSION MEETING Paae 8 to the Commission. Commissioner Borno asked that the summary of each board and committee's term limits be included with the revised draft. C. Request from Charles and Dianne Drysdale for a Waiver from Section 24-151 (b) ii of the Land Development Regulations (Accessory Uses and Structures regulations) to allow play equipment in the front yard within a residential Zoning District for property located at 2051 Seminole Road (City Manager) Rick Carper, Director of Public Works, displayed photos of the property and summarized the rules and specific circumstances relating to this item. Mayor Wolfson asked the applicant to address the Commission. Charles Drysdale, 2051 Seminole Road, admitted the violation was a result of his ignorance of the Code. He explained that he has three children and that the structure was recommended by an occupational therapist as an important tool to assist with the development of one of his children. Mayor Wolfson asked for any public comments. There were none. The Commission discussed adding atwelve-year time limit to the applicant's waiver in order to grant the exception on a temporary basis. Motion: To approve the waiver as requested. Moved by Borno, seconded by Waters Amendment to the Motion: To amend the original request by adding a twelve-year time limit to the waiver. Moved by Wolfson, seconded by Waters Votes: Aye: 3 -Fletcher, Waters, Wolfson Nay: 2 -Borno, Simmons MOTION CARRIED Motion: To approve the amended motion. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Appointments to the Board Member Review Committee (City Manager) March 13, 2006 REGULAR COMMISSION MEETING Paee 9 City Manager Hanson indicated that, based on the amendments made to the enabling legislation of the Board Member Review Committee, three appointments needed to be made before the Committee could resume its functions. He explained that one appointment would be from the City Commission and the other two would be citizens. Mayor Wolfson recommended that Glen Fisher and Casey Quinif be appointed as the citizen members and that Commissioner Waters be appointed to chair the Committee. He commended Commissioner Simmons on her excellent service to the Committee during its initial year. The Commission discussed the need to review qualifications of the nominated members before voting on them. They asked that this item be placed on the next agenda along with the resumes and board application forms for each nominee. It was agreed that the Board Member Review Committee would hold its next meeting the following month. E. Oil drilling resolution (Mayor) The Commission discussed the letter sent to Governor Bush from Sarasota County expressing concern regarding plans for offshore drilling in Florida waters. The letter supported the "Permanent Protection for Florida Act of 2006", a bill introduced by Senators Martinez and Nelson and prohibiting offshore drilling on the outer continental shelf off Florida. Motion: To draft a resolution supporting Senators Martinez and Nelson's bill, known as the "Permanent Protection for Florida Act of 2006", to permanently prohibit offshore drilling on the outer continental shelf off the State of Florida, including Lease Sale Area 181. City Attorney Jensen asked if the Commission would like to read a copy of the bill supported by the draft resolution. Both Commissioner Simmons and Commissioner Borno requested that a copy of the bill be provided with the draft resolution. Moved by Fletcher, seconded by Waters Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1 -Borno MOTION CARRIED City Manager 9. City Manager A. City Manager's Report There was no written report, however the City Manager discussed the following topics: March 13, 2006 REGULAR COMMISSION MEETING Paee 10 Community Development Block Grant funds The City Manager discussed the issue of affordable housing at the beach and a recent request for help from the Beaches Housing Coalition. He indicated that the City expects an excess balance of $80,000 in the septic-to- sewerconversion category and suggested that the funds could be used to assist the affordable housing issue. He reported that staff research proposed allocating $50,000 for water and sewer extension for Sawgrass Chapel, a Beaches Habitat project that is just outside City limits, but within the City's water and sewer territory. He stated that staff proposed using the remaining $30,000 to add a sidewalk and driveways on the right-of-way on Jordan Street. He indicated that both proposals are permissible uses for the funds and do not require a budget amendment from the Commission. Commissioner Waters questioned using the funds for a project outside of the City limits and believed that the money should first be applied towards Atlantic Beach citizens who qualify for assistance with the septic-to-sewer conversion. The City Manager explained that many citizens were waiting until the deadline in 2011 to follow-through with their sewer conversion. Commissioner Borno suggested including the parameters of eligibility for homeowner assistance in the next advertisement of available funds. Next fiscal year Block Grant funds City Manager Hanson reported that it was time to submit paperwork to the City of Jacksonville for next fiscal year's block grant funds. He proposed that the City submit $20,000 for next year's septic-to-sewer conversions and about $150,000 designated for water and sewer extension. Emergency Repair to Lift Station The City Manager informed the Commission that there were serious electrical problems at the Mimosa Cove lift station and that the City's annual electrical contractor was authorized to make repairs. He notified the Commission that the repairs will cost over $10,000 but Commission approval was not necessary since it was an emergency. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Borno • Expressed his opinions regarding the TMDL report for nutrients in the St. Johns River. Commissioner Simmons • Discussed the phone call she received from Adelaide Kirkpatrick and noted that there was conflicting information received from the neighborhood poll regarding removing the sidewalk on Beach Avenue. She asked that staff reach out and poll each person on that March 13.2006 REGULAR COMMISSION MEETING Pa a 11 block regarding the issue and then bring the results back for the Commission to reconsider at the next meeting. Commissioner Waters • Commented on the phone call he received from Adelaide Kirkpatrick and stated his opposition to removing sidewalks anywhere in the City. • Discussed a request from a mother who lives on 20th Street and who would like a sign place on that street advising traffic to slow down due to children in the area. He suggested experimenting with using the back of signs already placed on the shorter streets. Chief Thompson responded that he had discussed this with the City Manager and that they intend to place a sign as requested, and will gather information regarding the amount of traffic and the speed of the vehicles in that area. • Reiterated DeJean Melancon's request for FAQs to be published and asked the City Manager to look into pursuing this idea. • Addressed the grandfathering issue of reconstruction brought up by Mr. Johnston. He suggested the Commission determine and discuss the adverse economical effects, the guarantees available to folks who might be grandfathered in, and any possible remedies. He suggested protecting some of the building designs that might currently violate the code but which do not abuse the law and have become part of the City's ambiance and character. Mayor Wolfson • Enthusiastically described his experience of flying out to an aircraft carrier last weekend at the invitation of the Mayport naval base commander. A. Discussion of Administrative Approval of Lot Subdivisions (Mayor Wolfson) The Mayor introduced this item and indicated that there has been much overreaction and misinterpretation regarding the issue. He read aloud the background information given in the staff report submitted by Sonya Doerr, for the December 12, 2005 Commission meeting. Mayor Wolfson stressed his opposition to politicizing responsibilities such as this approval process. He referred the Commission to his written recommendation on this item, which is attached and made part of this official record as Attachment D. He stated that his recommendation was that atwo-lot division would no longer be exempt from the full re-plat process and that approval by the City Commission would be required after following the same steps as set forth in Section 24-63 when considering a request for aUse-By-Exception by the Development Board and by the Commission. He clarified that the request would first go before the March 13, 2006 REGULAR COMMISSION MEETING Page 12 Community Development Board and then be forwarded to the Commission, with the CD Board's recommendation, for a public hearing and decision. He made it clear that he strongly opposed the City Commission making this type of decision without the input from the Community Development Board. The Mayor further clarified that his recommendation was made in order to provide a better system of checks and balances by removing the approval process from resting solely with one individual staff member. Mayor Wolfson brought up the issue of restrictive covenants and read excerpts from the restrictive agreement for Selva Marina Unit No. 5. He reported that, in a meeting with the City Manager and City Attorney, the Mayor asked that they research the restrictive agreements for all the Selva Marina subdivisions. He discussed the findings of this research and pointed out that Units 1 and 2 did not have automatic renewal of the covenants. Commissioner Borno discussed the importance of establishing clear and specific guidelines in the City's ordinances, land development regulations, and Comprehensive Plan. He indicated there would be no need for requests to come before the Commission if they were all reviewed by the Community Development Board and required to follow the same guidelines with no exceptions granted. Commissioner Borno discussed the issue of automatic rollover of restrictive covenants. He asked for further research into the Florida Statutes to determine if restrictive covenants expire, based upon their age. Commissioner Borno also questioned and discussed the justification of establishing the new Residential Single-Family Large Lot zoning district. Commissioner Waters expressed his opposition to subdividing lots differently than the original intent of the established neighborhood's covenants. He concurred with the Mayor's recommendation to address these requests publicly through the Community Development Board and then through the Commission. Commissioner Fletcher agreed with the need for checks and balances for this process and supported putting these decisions in the public arena. Mayor Wolfson asked when the process for the subdivision of lots was last changed. The City Manager responded that the City has always allowed administrative approval of two-lot divisions. He pointed out that before 2002, there was no requirement to even notify the Commission of the administrative approvals of two-lot subdivisions. Mayor Wolfson asked that a draft revision be brought back to the Commission and then sent to the Community Development Board for their recommendation and input. March 13, 2006 REGULAR COMMISSION MEETING Pa a 13 • Discussed the Neighbor-to-Neighbor beachside chats and noted the four areas for conducting these discussions: Jordan Park, Donner Park, Adele Grage Community Center, and Oceanside Church of Christ. He asked each Commissioner to chair a meeting in one of the locations. The Commissioners agreed to the following arrangement: Commissioner Waters -Donner Park; Commissioner Simmons -Adele Grage; Commissioner Borno -Oceanside Church; Commissioner Fletcher -Jordan Park. City Attorney Jensen reminded the Commission to follow all the requirements of Florida's Sunshine Law if two or more commissioners will be attending the Beachside Chats. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:52pm J Donald M. Wolfson, Mayor/Pres' 'ng Officer ATTEST: a Donna L. Bussey City Clerk ATTACHMENT A MARCH 13, 2006 COMMISSION MTG Mazch 3, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans er SUBJECT: Follow-up eport Fitzgerald Reauest for Waiver to On-site Retention Requirements; The Mayor and Commission heazd a request from Mr. Fitzgerald of 1718 Selva Marina Drive at the last commission meeting requesting a waiver of the on-site storm water retention requirements. At that meeting, Mr. Fitzgerald explained that he had made several changes to his plans and felt that they now complied with the city's requirements. Rick Carper had not had time to review the. revised plans before the last meeting, so the issue was deferred until he could review them and make a recommendation. Since that time, he has met with Mr. Fitzgerald and both have agreed that minor additional changes to the landscaped plans would comply with the city's on-site retention requirements. Consequently, no waiver is needed from the Mayor and Commission. Comalaints aboutmulch wiles and funk cars on Park Street; At the last commission meeting, a complaint was received about a lazge mulch pile and junk cars in the vicinity of the Donner Community Center. The mulch pile is located at 310 Mealy Drive and the property is owned by Dawson Land Development Company. It is zoned industrial and the storage of mulch is a permissible use u~ the industrial zone (Code Sec 24-112). The property is currently registered and permitted with the Florida DEP. At the city's request, the DEP inspected the location but found no violations. City staff has requested that the business owner install asix-foot high privacy fence along the length of the property line. Concerning the complaint about auto storage on vacant lots adjacent to Donner, the property is owned by Murr's Body Shop. It is also zoned industrial and the storage of cazs waiting for repair is authorized in that zone (Sec 24-112). No junk cars (cars being sold for parts or for scrap} are on the property. Only those waiting for repair by that body shop are stored there. The owner of this property has also been requested to install a privacy. fence. ATTACHMENT B MARCH 13, 2006 COMMISSION MTG .~ f1 OAK ~~~••` • 'u ~ ,< ~ OAK ~~~ -~ , :~ ' r~~ , : . r ~ r5 ~ ' • OAK .~~•~~ e ,' .~• ' .. ~i ~ ~J z _ W ~ ___--- zo m x z c~ 16TH ~~ GRAPHI ~ ' ,o zo ,~ ( IN FEET ) 1 inch = 20 ft. ATTACHMENT C MARCH 13, 2006 COMMISSION MTG N •~ ~+.+ •- C~ J t1~ y ~ O - •- ~ i Q ~ L,L ~ N - ~ o O ~ O ~ a~ ~ o '- J .~ O ~ O to N ~= (~ ~ ~ ~ Q ~ ~ ~ (~ C~ X ~ ~ ~ O N O N O N ~ ~ LL O N N N y- c~ M ~ ~ ~ ~ ~ X ~ O _ ~ O^ O O ~ Q u ' T O 5 G ~ •_ ^ U) ' ^ ~ ~ } V M ~' J A ~ ~ ~ . ~ _ ~ p ~ ~' O O O . Q ~ ' ~ f~ In C'~ ~jt /y ~ / V1 ~ T T T o `~ ~ ~ ~ ~ ~ ° ~ • ~ cn ~ oC u, ~ ~ Q . ~ ~ o ~ '~ Q. o ~ ~, o ~ U ~- 0 ~ ° ~ U O O .~ Q LL Cn C~ _~ (~ ~ ~ ~ ~ o~ d°- ~ a ~ ~ o ~~ Q~ c~ ATTACHMENT D MARCH 13, 2006 COMMISSION MTG AGENDA ITEM 10A. -REVISED MARCH 13, 2006 DISCUSSION OF ADMINISTRATIVE APPROVAL OF LOT SUBDIVISIONS • DECEMBER 12, 2005, AGENDA ITEM #8G: BACKGROUND: AT THE NOVEMBER 28TH MEETING, THE CITY COMMISSION DIRECTED STAFF TO DRAFT A REVISION TO THE SUBDMSION REGULATIONS THAT WOULD REMOVE THE ADMINISTRATIVE APPROVAL FOR CERTAIN TYPES OF LOTS. SECTION 24-189 CURRENTLY ALLOWS STAFF TO APPROVE ASINGLE-DIVISION PROVIDED THAT EACH OF THE TWO NEW LOTS MEETS ALL REQUIREMENTS OF SECTION 24-189 AND ALL OTHER LAND DEVELOPMENT REGULATIONS (LDRs) AND THE COMPREHENSIVE PLAN. PROPOSED REVISIONS ARE INDICATED BY NEW UNDERLINED TEXT. AS PROPOSED BELOW, ATWO-LOT DMSION ONLY, WOULD STILL BE EXEMPT FROM THE FULL PLAT OR RE-PLAT PROCESS, BUT APPROVAL BY .THE CITY COMMISSION WOULD BE REQUIRED. ANY REQUESTS TO DIVIDE LOTS UNDER THE. CURRENT REGULATIONS, WHICH CAN DEMONSTRATE AND ENTITLEMENT TO VEST RIGHTS PRIOR TO THE ENACTMENT OF THIS OR A SIMILAR ORDINANCE, MAY BE ADDRESSED IN ACCORDANCE WITH SECTION 54-51 OF THE LDRs. RECOMMENDATION: ...AS PROPOSED ATWO-LOT DIVISION WOULD NO LONGER BE EXEMPT FROM THE FULL PLAT OR RE-PLAT PROCESS, AND APPROVAL BY THE CITY COMMISSION WOULD BE REQUIRED AFTER FOLLOWING THE SAME STEPS AS SET FORTH IN SECTION 24-63 WHEN CONSIDERING THE REQUEST FOR A USE BY EXCEPTION BY THE DEVELOPMENT BOARD AND BY THE COMMISSION. IN SHORT. THE REQUEST SHALL BE PRESENTED TO THE COMMiJNITY DEVELOPMENT BOARD FOR CONSIDERATION BEFORE A PUBLIC HEARING AND FOR A RECOMMENDATION TQ THE COMM,~SSION. THE COMMISSION SHALL CONDUCT A PUBLIC HEARING. AFTER REQUIRED PUBLIC NOTICE. TO CONSIDER THE REQUEST FOR SUBDIVISION AND THE COD'Il~IUNITY DEVELOPMENT BOARD'S REPORT AND RECOMMENDATION AS WELL AS COMMENTS OF CITIZENS ATTENDING SUCH HEARING AND SHALL DENY. APPROVE, OR APPROVE WITH CONDITIONS THE REQUEST FOR SUBDIVISION. ANY REQUESTS TO DIVIDE LOTS UNDER THE CURRENT REGULATIONS, WHICH CAN DEMONSTRATE AND ENTITLEMENT TO VEST RIGHTS PRIOR TO THE ENACTMENT OF THIS OR A SIMILAR ORDINANCE, MAY BE ADDRESSED IN ACCORDANCE WITH SECTION 54-51 OF THE LDRs.