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Ordinance No. 90-06-192ORDINANCE NUMBER 90-06-192 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ARTICLE IV, SUBDIVISION REGULATIONS, DIVISION 1, OF CHAPTER 24, THE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS INITIALLY ADOPTED B ORDINANCE NUMBER 90-01-172, SPECIFICALLY AMENDI G SECTION 24-189, PROVIDING FOR RECORDATION ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the appropriate and lawful division of Land 's a vital step in the progress of the community's development, it is the intent of the Ci to establish reasonable and equitable standards and procedures for the division of lan at will encourage stable communities and healthy living environments, and which pres ve the natural beauty of the City of Atlantic Beach. NOW THEREFORE, BE IT ENACTED BY T,I~E CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF LANTIC BEACH, FLORIDA: SECTION 1. Municipal Code, Chapte 24, the Zoning, Subdivision and Land Development Regulations, Article IV, Divisio 1, Section 24-189, is hereby amended and upon enactment shall read as follows. Sec. 24-189. Exemptions from the re irement for approval and recording of a Final Subdivision Plat or Re at. (a) Building Permits may be iss d following divisions of Land without the need for approval of a Final Subdivi on Plat or a Replat only in accordance with each of following provisions (1) thr ugh (8). (1) Approval at a public Baring by the Community Development Board of a Certified Survey depicting t e proposed new lots and upon finding that each of the following requirements an conditions are demonstrated. The Certified Survey shall also depict the loc on of all Private Protected Trees, as defined by Chapter 23 of this Code of Ord' ances. (2) The Ce ' ied Survey shall demonstrate that each proposed new lot contains sufficie t area to meet all minimum Yard Requirements and that removal of no Priva Protected Trees, as defined by Chapter 23-16, shall be required solely for the urpose of creating sufficient buildable area on the new lots. The Survey shall al identify the general intended building footprint location in relation to existing ivate Protected Trees. The division results in no more than two (2) contiguous Lots or Parcels, and no division of any portion of the lands subject to such a request under this Section shall have been divided during the preceding twenty-four (24) months. Page 1 of 2 Ordinance Number 90-06-192 (4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations, as may be amended. (5) The resultant new lots are generally consistent in size, width, depth and shape with surrounding development and established platting patterns. (6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (7) Such Certified Survey shall be submitted to and approved the Community Development Board prior to recording of a deed for transfer of ownership of Lands, and shall be recorded as an addendum to the deed(s). It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (8) Notice of such requests to divide lots under the terms of this Section shall be provided as set forth in Section 24-52 (c) of this Chapter. (b) Appeals. An Applicant may appeal a decision of the Community Development Board made pursuant to this Section to the City Commission. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order of the Community Development Board, and shall be heard at public hearing before the City Commission. (c) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this day of , 2006. Passed upon final reading and public hearing this day of , 2006. DONALD M. WOLFSON Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BUSSEY City Clerk Page 2 of 2 Ordinance Number 90-06-192 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revisions to Section 24-189(a) of the Subdivision Regulations, as contained within Chapter 24, the Land Development Regulations, eliminating the administrative approval of certain two-lot property divisions to require Commission review and approval of such requests. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: February 2, 2006 BACKGROUND: At the December 12th meeting, the City Commission discussed a revision to the Subdivision regulations, which would eliminate the administrative approval of certain lot divisions and require such divisions to come before the City Commission for review and approval with public notice required. Section 24-189(a) of the Subdivision regulations currently allows for the administrative approval of two-lot divisions only when such divisions are in compliance with the all requirements of the Land Development Regulations and the Comprehensive Plan. At the December 12th meeting, the Commission deferred the matter to the Community Development Board for consideration and a recommendation. The Community Development Board considered this revision to Section 24-189(a) of the Subdivision regulations at their January 17th meeting. The CD Board recommended by a 4:3 vote that Section 24-189(a) remain unchanged. BUDGET: No budget issues. RECOMMENDATION: Direction to staff to: 1) prepare ordinance for first reading and public hearing to amend Section 24-189(a), eliminating the administrative approval of certain two-lot property divisions to require Commission review and approval of such requests, or 2) leave Section 24-189(a) of the Subdivision regulations as it currently exists allowing for the administrative approval of two-lot divisions only when such divisions are in compliance with the Land Development Regulations and the Comprehensive Plan. ATTACHMENTS: Minutes (draft) of the January 17, 2006 Community Development Board meeting and the December 12, 2005 meeting of the City Commission meeting, and copy of proposed revision as previously discussed by the City Commission and copy of Section 24-189(a) as currently effective. REVIEWED BY CITY MANAGER: February 13, 2006 regular meeting CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations, Section 24-189 in accordance with recommendation of the Community Development Board. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: Apri121, 2006 BACKGROUND: The Community Development Board was requested to reconsider their previous recommendation related a revision to the Subdivision regulations, which has been pending since November. This proposed revision would remove the administrative approval for certain types of lot divisions, and establish a procedure to consider and act upon such requests at a public hearing. The Community Development Board has recommended that this provision of the Subdivision regulations be amended so that such two-lot divisions go to public hearing before the Community Development Board for consideration and action, and that a process for appeal to the City Commission of a final decision made by the Community Development Board be provided. The attached proposed draft ordinance incorporates those recommendations. BUDGET: No budget issues. RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of Ordinance 90-06-192, amending Section 24-189 of Land Development Regulations, Article IV, Subdivision Regulations, in accordance with recommendation of Community Development Board. ATTACHMENTS: Draft minutes of the April 18, 2006 Community Development Board meeting, underlined draft indicating revisions and draft proposed Ordinance. REVIEWED BY CITY MANAGER: May 08, 2006 regular meeting DRAFT Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each of following provisions (1) through (8). (1) Approval at a public hearing by the Community Development Board of a Certified Survey depicting the proposed new lots and upon finding that each of the following requirements and conditions are demonstrated. The Certified Survey shall also depict the location of all Private Protected Trees, as defined by Chapter 23 of this Code of Ordinances. (2) The Certified Survey shall demonstrate that each proposed new lot contains sufficient area to meet all minimum Yard Requirements and that removal of no Private Protected Trees as defined by Chapter 23-16, shall be required solely for the purpose of creating sufficient buildable area on the new lots. The Survey shall also identify the general intended building footprint location in relation to existing Private Protected Trees. (3) The division results in no more than two (2) contiguous Lots or Parcels, and no division of any portion of the lands subject to such a request under this Section shall have been divided during the preceding -four (24~ months. (4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations as may be amended. (5) The resultant new lots are enerally consistent in size width depth and shape with surrounding development and established platting_patterns. (6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (7) Such Certified Survey shall be submitted to and approved the Community Development Board prior to recording of a deed for transfer of ownership of Lands and shall be recorded as an addendum to the deed(s). It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey alon with any application for Building Permits (8) Notice of such requests to divide lots under the terms of this Section shall be provided as set forth in Section 24-52 (cZofthis Chapter. (b) Appeals. An Applicant may appeal a decision of the Community Development Board made pursuant to this Section to the City Commission. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order of the Community Development Board and shall be heard at public hearing before the City Commission. (bc)Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan.