Loading...
Item 8D ~SrL~~rJ~i aJ 1 ~ MEMORANDUM .~.~ ,~ ~,.3 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 ~ Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us TO: Jim Hanson, City Manager Mayor and City Commission FROM: Sonya B. Doerr, AICP ,~,~ Community Development Director AGENDA ITEM #8D MAY 8, 2006 DATE: April 26, 2006 RE: History of regulations related to the division of Land and Subdivision platting or re-platting procedures • Questions were raised at the last Commission meeting related to what the COAB Zoning ,,,, ordinances have said about lot re-subdivisions because of a letter from Mayor Howell to George Worley dated February 09, 2001. Understanding the history of our zoning regulations is needed to answer the questions raised. '~"" Prior to 2003, the City was rarely aware of and did not approve most lot re-subdivisions as these were most always private transactions between property owners. There was no COAB, Duval County or State procedure or regulation requiring such notification. Hundreds of such property transfers and lot divisions have occurred since Old Atlantic Beach was first platted in 1913. Attached Map "A" shows Old Atlantic Beach as originally platted. Map "B" shows the pattern of lot ownership as it now exists based upon County tax records. Reconfigured lots are approximately ,. highlighted in yellow. Note Attachment A: Section 24-188, which was in effect and unchanged for many years. • Prior to the 2001 Chapter 24 amendments, the Subdivision regulations were confusing and contradictory. When issuance of building permits were considered, a 5,000 square foot lot was deemed adequate as this was the required lot size in all residential Zoning Districts except for the RS-1 district. Regulations allowed property owners to re-subdivide lots as long as they were not less than others in the subdivision, with a 5,000 square foot minimum considered the standard lot size. Provisions within the design standards for subdivisions, which required all new lots to be 75- feet in width and 7500 square feet in lot area unless part of a PUD, were apparently for many years construed not to apply if a new lot met the minimum Zoning District size, which again was 5000 square feet except in the RS-1 District. Note Attachment B: Section 24-188, as adopted November 26, 2001. • In the re-write of Chapter 24, which was finally adopted in 2001, some revisions to the ~" Subdivision regulations were made, but conflict and confusion still existed as to the 5,000-7,500 minimum lot size, and language still allowed for the City not to approve re-subdivisions as long as they are not smallest in subdivision or below 5,000 square feet in size. Again however, many such '"" divisions of lots were simple private transactions where a property owner would buy or sell a AGENDA ITEM #8D MAY 8, 2006 a. portion of their lot to an adjacent property owner. The deed would be recorded by the County and later incorporated into County Property Appraiser's records (and now County GIS tax maps) but the COAB would have no knowledge of such property transfers. Note Attachment C: Section 24-188, as adopted May, 2003. ~'" • Changes to the Subdivision regulations, which were adopted in May 2003, were intended to address issues related to "illegal" lot divisions. The amended regulations included a requirement that all lot subdivisions be approved by City in order for a Building Permit to be issued. Two-lot ~'" divisions, if in compliance with all Lot size standards, could be approved by staff, and three or more new lots required new plat (or a re-plat) with public hearing and a recommendation from the CD Board, and a second public hearing with final approval by the Commission. Conflicting "" language with respect to lot size was removed with all new lots required to be a minimum of 75- feet in width and 7,500 square feet in lot area. ~* • There have been a total of seven two-lot divisions with approvals given by the CD Director, the City Manager, or the City Attorney. (See the attached list. An eighth such lot division has been retracted.) These divisions would have been allowable under the pre-2003 rules requiring City ~"" approval in that none of the new lots were smaller than the smallest lot within the exisiting subdivision. ~• • The recently created RS-L Zoning District requires 100-foot minimum width and 10,000 square feet minimum lot size for new lots. Of the seven approved two-lot divisions, it looks as if only one of these would have been permitted had the new RS-L Zoning District been in place at the time. • 1n reviewing the 2001 correspondence between George Worley and Mr. Howell related to the ~. creation of three new lots, I believe that both letters are correct in advising that a subdivision re- plat was the appropriate procedure, which should have been used to consider such lot division. The established re-plat process, which was long in effect at that time, would have required review "'~' by the Community Development Board and fmal action to approve or deny by the City Commission. ~• With Attachments A, B, C (Mv notes and comments on the following attachments are indicated by blue, underlined and italicized text) 2 Attachment A Following paragraph (c) is Section 24-188 of the Subdivision regulations, as it had existed for manv years prior to the re-write of Chapter 24. which was finally adopted on November 26.2001. Sec. 24-188. Resubdivision of land. (a) Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on such a map, or any azea reserved thereon for ,~, public use, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, the-~sel• resubdivision shall be approved by the City Commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated. Whenever a pazcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more than one (1) ~,,, acre of land and there are indications that the lots will eventually be resubdivided into small building sites, the City Commission may require the allowance for future opening of streets and the ultimate extension of adjacent streets on that parcel of land. Easements providing for the future opening and ~„ extension of the streets may be made a requirement of the plat. (c) Combination, or recombination of previously platted lots. No combination or recombination of portions of previously platted lots is permitted when new parcels or residual parcels smaller than any of the original lots aze created, unless otherwise permitted under townhouse regulations, or, except on approval of the City Commission, when the recombination of lots will reduce density otherwise «~ permitted and further provided that the square footage of any such recombined lot shall not be less than five thousand (5,000) squaze feet. Upon approval of the City Commission lots which fall under the definition of double frontage lots, except lots having frontage on the Atlantic Ocean, may be combined or recombined where residual parcels smaller than any of the original lots aze created provided that after such division is accomplished, the residual lots can meet the required lot area, lot width, and all required front, reaz, and side yard setbacks. The above provisions, as then had existed in the subdivision regulations for manv years concerned me_from the time I came to the COAB because clearly. the practice had long been to consider a "" 5000 square foot lot (except in the RS-1 Zoning District) as a standard lot. and Building Permits were routinely issued for such lots. although the subdivision regulations had always required new lots to be 75-feet wide at the building line and 7500 square feet in lot area. This provision requiring ~"' 75=foot wide. 7500 square foot lots and the individual residential Zoning District standards (except the RS-1) requiring only 5000 square foot lots surely aggravated the confusion. a• .. Attachment B Followins is Section 24-188 as adoated 11-26-O1. Sec. 24-188. Re-subdivision of Platted Lots and Lots of Record. (a) Procedure for re-subdivision. Any change in a map of an approved or recorded Subdivision Plat, '~ Platted Lot or Lot of Record, which alters any access point, other than a private driveway, or Street layout as shown on the recorded Plat, or any area reserved thereon for public Use, shall be approved by the City Commission by the same procedure, rules and regulations as for a new subdivision, and a re-plat shall be recorded. (b) Procedure for subdivisions where future re-subdivision is indicated. Whenever a parcel of Land is subdivided and the subdivision Plat shows one (1) or more Lots containing more than one (1) acre of Land and there are indications that the Lots will eventually be re-subdivided into small Building sites, the City Commission may require the allowance for future opening of Streets and the ultimate extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and extension of the Streets may be made a requirement of the Plat. (c) Changes to previously recorded Subdivision Plats. No combination or reconfiguration of previously Platted Lots shall be permitted when additional parcels are created, except that such ~„ changes to previously recorded and Platted subdivisions and Platted Lots of Record shall require a re- plat to be approved by the City Commission in accordance with the same procedure, rules and regulations as for a new Subdivision. (d) Re-platting shall not be required when the recombination of Lots reduces Density or the number of Lots within a Subdivision, provided that the square footage of any such combined Lot shall not be less than five thousand (5,000) square feet and that Development of the resultant Lot complies with all applicable provision of these Land Development Regulations. a• I am not aware of the genesis of the above language as it was apparently from some of the earlier drafts of Chanter 24 before I came to the City. My guess is that it was probably an effort to clarify what had been in below paragraph (c) for many years, which would certainly have been confusing since it addresses new and residual parcels. double frontage lots. ocean front lots and "townhouse" lots. It seems to read that it was okay to create new parcels so long as they were not smaller than other lots in the subdivision. or if the Commission approved smaller lots, provided that any new lot ~* was not less than 5000 square feet in size. As the Property Appraiser's map of ownership parcels clearly shows. many many lots have been combined, reconfigured and subdivided over the years without regard to any zoning regulation such that the existing pattern of parcel ownership barely ~"" resembles the original 1913 plat of Atlantic Beach subdivision "A" which includes Old Atlantic Beach. ~. ~. Attachment C The 2003 revisions to the Subdivision Regulations (summarized below) were intended to make clear how and under what procedures lots and parcels could be legally divided and to make clear that ,,,,, Building Permits would not be issued on "illegal" lots. Summary of current regulations addressing division of land. In order to receive a Building Permit, per Section 24-201, any division of land must be approved in accordance with the proper procedure as established by the Subdivision regulations. Any new plat or a re-plat that would create more than two new parcels requires the following three stages of ~* review. 1) Concept Plan Review provides for staff review by the Planning and Zoning, Building, Utility and Public Works Departments. 2) Preliminary Plat Review is heard by the Community Development Board, and the Community Development Board considers the proposed plat and makes a recommendation to the City Commission. 3) Final Subdivision Plat Review by the City Commission (at a public hearing.) After considering all comments, the City Commission shall approve, deny or approve subject to specified conditions, the Final Plat based upon compliance applicable policies, ordinances, laws and regulations. • Denial of Building Permits for development of "illegal" lots. Sec. 24-201. General requirements. (a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat. Replat, or Certified Survey as required by Section 24-189, for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat or Replat has been approved in accordance with the provisions of this Article. • In the event that an unapproved Final Subdivision Plat, Replat, Certified Survey as required by Section 24-189, or any division of Land, is recorded, no Buildins Permit or other type of permit authorizing any Development shall be issued until such division is approved in accordance with the reauirements of this Article. • Pending change to Section 24-189 related to elimination the the administrative approval of two-lot divisions that do not require a re-plat. The Community Development Board has recommended that such two-lot divisions be considered and approved by the CD Board, and that an appeal process to the City Commission be included in this section. StafF will provide this proposed ordinance revision at the next City Commission meeting. (~ other type of division creating more than two lots would continue to go through the 3-stage review process described above.) ~. N N Q N ~+- O r Q a •daap ~aa~-OSI zo 0£I ~q apron ~aa~-OS a.tam s~o~ IEUi~izp •}aaz~s ~t~L o~ cl~.tou ~utpua~xa pz~nalnog at~uell`~ tuoz~ ~y„ uotsintpgns `i~a~ag at~tt~I;~ zoo pa~~a.ta azann ~Catl~ se s~aoig pug s~oZ ~ui~atdap ~t;Id Ieui~tzp sa,:- - •an~s - -3F~N 1 '~ t bbd ~ fbG 74f 11 b£ 's~ :~- , ~~ ~~ ~. ~ ~, ~,:: -b 1 ~ u .-. N cii Q N ('uo?s?n?pgns ¢aueyv snlas aq; 3o no~uod O e s? smogs os?y) •s;ol chap Iaa3'OOZ ~q ap?n~ loo3'SZ ~ Pauu[d alati go?gq,~ `;uo.>3neaoo aq; uo Z9-I9 P~ ZS-IS sKoolg io3;daaxa `chap;aa3'OSI io 0£I ~q ap?nn;aa3'OS ~llEO?~ aiam s;oZ Ieal~up ';aauS ~R9I of q].lou 8mpaa;xa N 3aa~3S ~L mo.g ,d„ ao?s?n?pgns `gaaag ai;uepd .~03 palEalo aian~ ~faq; se sxoo?g pue s;oZ ~u~?dap ;eid Ieu?8up .. .. L ~ ! `~~` 2L~ I y tr 1 .. ; ~ -9'a4~=iw ,,may` 1 t 1 ~Z ~ 9 1 ._ s ~J A _ _- ~ Ja aE~T :.~'PZIO~',~ ._ vl. N i ~ 9< . y~. J V,15-NILJ .c, n t .9 4 ~ al.rl 9/ 6t _-{~ ~ 4 oP V~ ..~'-~' C 1'1V`.t -N a 1 ~ ' _' ~~ ~6 { Ifl~ 9i L4 tf ~t 9N \\ ~ : . 1 /, 15, ,~ Isle :7t1 L7, ~ / ~.~ 4 cc~ . _ t a, \ _ .. " 1 ~, / ~, .. _ 41 r. .~,.. 'LS NL4 S:•~. a e,lafl«. sc af' a 26 4! $ / $ ~ yl 41 oa za «ai'/alaa ~ ., ~ d. ~ sN03~ ~~ - LI ~i o,9 :.=t 9 .56 'OI' ~ ~ 1© .' -Z 4 9 B 01 tt 1bl 11 1 ~ _~ ~. _r ! '.,~ j / 4 3tlld ~ t~s:, , . • : f e~c ~ ~ ~ I -+-T ~'- ~ ~ , f~ ~ ~ 4f. Lf ~ ~fi! Ir f- l / ~.-. i BI 2 w} K i ,.°` 1 ~ I 1 la :al4a La~ a 1-/ g < 4 ''r ~ 4 .a" va. I ~ I `~ ` I L s'. It tf1~41 L116 8. ~$.-_~~"(r 1 f 4 1' ~, ~• 1 t tt ~. , - . ' .... . t ~ .. .. .. ._ ? '' 1 o vzv~d 9 1 _i ~t -- ~ -a. • g 6 a al 61 9• BI oa a ~ ' .u!!1_~-. t I 1 t 6 6 I ~. ~ Lf Ba , fi £fi 4E LE 6f 11 fir `~ 1 ww' _.~,,~...-, 1 .i ~ ~1 ~ 4 ~ t E 11 ~ 9 LI 61 to 4a ~ -A.r'.nli~~oat, 1 fi 4 .. ' 1 1 14 ..N16 .. -• ~ 01 Zr'H 9t i wu1 .',i ~ 1 6 ~ ~~ Oa aZ 4a 9a ~. a Of , of bfi gfi ~' - rO - © yl~ 1 ~ a b 4 g OI al •1 gl gl 1 Sw st2 ' , f £fi 44 t4 bfi`. 1.1 ~' 46t s 9 .1- 1 ` ~. rat ~ 1 , W 13 fa Sa la 6a o 1 /v 1 o t 6 tl fl 41 L ".ig N101 a I ua n ~ i a 1 y 9 9~ »s -s »s 1 i '1 5 4 .. l 1 •. L .. .. .. ~ 9r gt 1 - S. ~. .. ., .. ~ " . ~ Zfi ~ 94 gfi oe ~ 1 i g_Nlol-y-` a, « gl a• oa za _ ~ • x r _ !° b y 4 01 1{.. 9 ,• a a 1" Isc`1+~E-,4r Ls i ~..~~ ' _ asalGf ~Lf I f „ fil' 41 LI gl la ca sa - ^I S. r ~ ~ ~ 1 E a 4 1 - 1 4 4 .. tar N r g. 1 ~ ~ ~•asasaofia : z. '14 Nlil 1 a ., ~' a • g gla al tl M 1 ~ O~ Hg, a '' 1' _ " a £ 1 . ~.. -.4 .. a .. ••L ~g.`~~~ 'a4~ f ~. ; u 4 ` ~ 1+1a1 © ~' ec fie' 1--""" _ -. -- - -- 1 ~ .. 4c ..: s / ~ a z 1 a ' °` w~rz xL 1..,~ 4 f G • ' i. 'r - O `~ yP'' ~ .cos oa 9 I ~ ~ L ~ f a tr' i $- a4 ~ L g ice! .~ 1 s ' f/ QI al 11 9 .try 14 ~ i 1 I '14 Nlfil. 1 .1 1 .. ` 1 `~A a 4 g1 I a { u ~ 1 _. ~ 4' c ~, a a 1 sz A^° ,,ti° c l a~ ~a1' ~ 1~ I i ~ oa - s. /o~ a s 41 ,,. ' ~ fil ~ °" . ~ g 1 rte ~ i 1 4 ~ 4 ~ ' gl N ~.r ~ •4t1 1 f L •1 •, i O, 11 Z1 1 fii rl i / d' ~ ~ ~, •1 to y 41 ~ ~ PA /" W I '1S Nl ., t 1 a W i ~ ~ .1 -,y' m. s 9 ~ 41. v ~. I Z D 1: .. _w 4 L al ~ F ~ • 101 ... a f - 7 ®~. ~, t u, I lg N141 1 v/ 'ati g - 1 " f a~ - t- 1 ~ .Ir'oo4 ter .taw ~ 6 O„si . ~! g s ,s L r • ar .~•9-•. ~~~ - ~W .' ,Har - ~ c 4 , c s a 1 >,u~a a 9 ~ •w 'I 1 a, fl M C >» ~ °pj - .a .alt ~° ~ '' IS gam. ~o ' as 1 ~- sl M ~ ,,,r . N - ~ ~~~ City of Atlantic Beach w~E ii v 5 --- - _- ' _ ~ ~ _', UNTR`~ CLU - ___C~OUNTRX-CLUB - ~ i -- ~-. -_ i --_ 1 ' _ - - _~ ~' ~ ~ ~ 1~ ~ - ~~ _ ~ ~. { ~~ ,i ~__ ~.- ,~~ ~~ - -~ J ..~ .. ~,. ! ~ t ~ I ~ i ti ~_ _ _ _ -- ~ ~~ ~ _ ~~ ~1 ~ r. _ ~ ~ i I ~ 44TH- ~ - _ _ j -. _ ~\ t ty ~ - ~ .I f --I ~ ~~ ~ -_1 ~' ~~ III ~_ -~ ~ m ~_ _ - - ~, ~ I I_ ~ ~ ~ -_ ~i ~. ~3TH 4 3 _ I m ~ I r' I ~ .~ ,~ _ ~ -~..~ I I ~_ _ _ ~~~ ~~_ ~ ' ~'~ --~~ ~~~~(( ~ _ ~ ~^ 12TH - ~_~ ~~7 ~, ~~., ~-- ~ l __ `, _ - ~~ ~ ~ .; _ ~ -~ A ~- I ~ --~ - F _. ~ ~ .~; I i _ 11TH ~ J -j - I_ ' ~ --_, -- I ~ i li ~, i _ ~~~~~~ ~~~ ~ ~ _- I _ ~ __ 10TH - r - ~ _I ~ ~ _ a _ _ ~- I ~- -, ~~ ' - ~1~i~~ i r r ' ~~ V ~ ~ ~ t I-.,.. ~ ~' 1,-~,~~ r ~ T~~~_~. ~ -}~ ~-~~~~-~1-~~ ~'~~~ r ~ '~ ~ I ~ 1 I ~_~_sTM , ~ -~ ! ~~ ~ +1 _ , , ~~_ T ~ s-~~~ ;'!' ~ ,7 x_11 ~ ' ~ `~ ~ = I ~I ~ I ' I ~ ~, 11. ~ ~I ~,I I ~I ~ ~ ~ P~ ~ UB. ~'~.~ , ~~~ ~, i j(7 _ i i < ~ __ ~-- .1-P - ~ ~ _.. -~ ~l I r-~. _--~ -~ , ~T~_ Il~n, rr , I ~ , ~_ ~ ~L ~ _~~ ~. ,111~~~ ~~ L~~ ~ ~ ~ m_ _ ~ w7A -~ I ~ ~ ~ _ - ,i, -- __T~ - - - ~~ ~ I I ~~ ~ ~'_~ 8TH ~'._ Z _ ~ - R~~IR~. ~ ~ ~~_~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~~ i ~ ~ ~~ ~~ , 1 I~ -' T ~ l V ~ ~ ~ I ~ TTH -' _ ~- ~~ - I n ~ ~ ~ i L~~ ~ i ~ _' ~~ 1 I ~ 1, ~ ~ f _ ~ ~'~ti ~ , ~ , ~ ~~ ~~ _ _ - ,J~ i ~ G81 i ''~, ,~ _~ _ I i 6T _ - _ ~ ~ L _ ~ ~I i V/S i ~/J ~ ~ ~~ ~ I ~~ FR ~/ , /- ~ - i 7 ~ - l f f ~ ~ ~ ~ ~ I ~ ~5T S T , ~~p~9Y , ti ,~ ~~7 , ~~ ~~ ~ ~ ~~ _ ~ i- H b~ ~ ~O ~ i ,~aTH _- ~- i ! ~ ~ ~ _ ~_ ` , ' -- , fV0 , ~ ~~ ~ [._ ~ ~ D _ RD i ~_ IN ~ y _ - `~ ~ h,Y ~ ~~ ! ~ ~~ -_ -_ ~ [ F F ,~ ~ ~ _ ~ ~ !_-1 _ ` _ - p ND - 7 i, F _ ,~ ~~ ~ ,~ 3 % ~ 'tn- - J ,- O ~ ~ ~ ypR ,v ~_~7 _ A ~~ ~ ~ ;~ h ; m I ~ - ~ Bs~~ ? ~ ~ ~ ;, _ ~ ~ _, ', ,~ > ~'J~ ~ ~~ 2~ ~ 13T. - ~5T 1_3T ~ - .a. -__ ~ Q _..... _ _.. -, _--- -.-- _. , _, _~~ pERN _i ~ ~_ ST DNAINT____ __ _ - pHERN .-- //eY j ~~ I T ~ - ~4, ~ ~ i~ i T , ~ ~ II 11 ~ i ~ i Iii > ~~_ ~ ~ -- CAB GIS 0 445 890 1,780 Feet 04/26106 MAP B (Current ownership parcels) 0 ~.: C O ., CC NN~ Fil CL O Ci ~I a, 00 N C 0 ;+ V V1 it a C O .~ .., .. "O i+ 0 ..~ O it Or a~ d AGENDA ITEM #8D MAY 8, 2006 ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ C ++ ~ c~ c~ c~ ~ ~ ~ ~ ~ v~ ~ ti a" v~ ~ C z... ~ d- ~ ~ ' o O N rn ' ~ 01 t/ ) l~ ' ~ V ti M ~ 01 d1 ~ .-y M .--~ t/ ) .--~ ~ C~ ~ ~ ~ D\ ~ ~ ~ ++ ~ ~ ~ ~' ,tom., ~ ~ r-- ~ +. 4a: ~ ~ Q ~ r--+ cH ~ Q N c~ ~ ~ yN~ ~ N ~ ~ ~ ~ ' " ~ y ++ c c~ ~ g ~ O ~ b ... Z v-, ~ 0 0 o o U ~ o d- ~ ° -- N --. ~ O V7 ~•~ ~O ~ M o . . ~ •~ ~ ~ ~ +r .~ V1 _ ~ Cy.a N ~H ~ ~ N ~H N ~ ~ ~~`' ~ ^ ~ ~ G~ 4~ i+ 0 a ~ ~ N N ~ iyr ~ ~r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .•• an ' oo ~_ ~o 0 ~ 0 ~., ~ ir O M l~ O ~p ~O O o N M N ~t N •~ M v~ .--~ oo .-~ nj M b ~ O O O O O O O O C~ it ~ l~ ~ ~1 o 00 , , '~ o l~ o V'1 -. I~ A a ~ ~ . .-. ~ o o ~ ~ ° 0 0 0 0 ; w .- ~ U ~ ~ '~ Oi ' aS aS ~ ~ ~ O ~ ~ ~ ~ ~ ~ O O ..~ ~' Q' cd ~~•~ O ~ . ~ v '-' ~ `" N O ~ Q, Ct ~ ~ ~ ~ ~ W ~ -d o > .. ~ ~ . ~ ~ ~ ~ ~ `~ M ~ ~ ~ ~" ~ N 'O " ~ a i"' ~ ~ N("-i ~ .-, '1-, M VI ~ N ~ N ~ + O . cd ~ ~ c d N ~ p ~ ~ ~ > ~ ~ a O ~ ~ • O ~ ~ O O ' i a ~ ~ V O ~ • } ' ' i cat ~`~.+ ~ F-" .p ^CS .-. N 'b ~ M '~ ~ N '~ ~ ~ > ~ U N 'd ~ v'~ ^' .O ~ in •-+ at 'd O ~ ,~ •y ~ ~ O ~ ~ O ~ U O ~ ~ ~ j U ~ O ~ ~ ~ p ~ U ~ p ~ ~ N O ~ ~ ~. ~. From the 1958 COAB AGENDA ITEM #8D MAY 8, 2006 o e o r lnanc e s (These subdivision regulations remained in effect until 1984.) ~, Section 23-1 (4) specifically excepted a transfer of property to-or-from an adjacent lot from being defined as a subdivision, provided that the new lot was not less than the minimum required size. As such, the 75-foot width / 7500 ~. square foot size did not apply, since these property transfers were, by ordinance, excepted from being defined as a ~. Subdivision, and the 75-width / 7500 square feet size requirement was a design standard for Subdivisions. Only the RAA / R_A-1 zoning districts, which later became ~- the RS-1 district, required 7500 square foot lots, and lots created before January 12, 1959 were allowed to be built with one single-family residence regardless of lot size, but conformance with setbacks was required. ~. Subdivision of Land CHAPTER 23. SUBDIVISION OF LAND. 1 Definitions. Purpose of chapter. Preliminary plats. Final plats. Standards of design, Minimum required street and drainage improvements. Acceptance. of streets and drainage. Required water and sewer facilities. Variations and exceptions. Compliance with chapter. , Form of application for plat approval and, agreement as to streets. For the purposes of this chapter, the following. words and phrases shall have the meanings respectively ascribed to them by this section; Plat. A map drawing or chart on which the subdivider's plan of the subdivision is presented and which he submits for approval and intends in final form to record. Subdivision, All divisions of a tract, parcel or lot into two or more lots. Such term also includes any other divisions of land involving the dedication of a new street or other public way or a change in existing streets, alleys, easements for water, sewer or other public improvements; provided, that the following four exceptions shall not be included: The public acquisition of strips of land for the widening of existing streets. (2) The combination or recombination of portions of previously platted lots . where no new parcels or residual parcels smaller than any of the original lots are created. (3) The division of land into parcels greater than one and one-fourth acres where no new streets or easements of access are planned. acent lot or tract; For state law as to maps and plats, see Fla. Stats. , § 177. O1 et seq. As to requirement that taxes be paid on land prior to filing of subdivision plat, see Fla. Stats. , § 192.56. As to advisory planning board, see § § 2-6 to 2-11 of this Code. As to zoning, see ch. 28. 0 ~. AGENDA ITEM #8D NIAY S, 2006 Attached are several pages from the drafts of revisions to Chapter 24 that had been under preparation and review for ~. years. Proposed new language is underlined and proposed deleted language is struck-through. The re-write of Chapter 24 ~' was adopted November 26, 2001 and became effective January Ol, 2002. Related to lot subdivisions... While Section 24-188 (c) required a re-plat (with Commission approval) for new or smaller lots than originally platted, the language of Section 24-188 (d) was apparently interpreted for many years to permit property owners to divide lots so long as they did not create smaller lots than originally platted or lots of less than 5000 square feet. However, in direct conflict with the above was Section 24-255 ~. (a) (attached page 101) which had been in effect as long as the City has had zoning regulations, and established the requirement ~. for all new Lots to be 75-feet wide and 7,500 square feet in area. My assumption has tieen that this was over the years interpreted to apply only to lots in new subdivisions, although my interpretation has been that the "In no event shall a lot... "applies to ,~ any new lot that is created for the purpose of creating a building site. ~. To further confuse what was permissible, each of the residential Zoning Districts (RS-2, RG-l, RG-lA, RG-2 and RG-3) with the exception of the RS-1 District, contained a minimum lot size of 5000 square feet for single-family dwellings. Revised Draft OS/?9/01 Sec. 2=t-187. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. ~. (b) Conditions of waiver. An applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts which support the waiver. The City Commission shall not approve a waiver unless it determines as follows: (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the Article is carried out; ~ (2) The granting of the waiver will not be injurious to the other adjacent property; (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions ~* of the applicant; (4) The waiver is consistent with the intent and purpose of Article III of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. ~. Sec. 24-188. Remdivision of Platted Lots~at~I: and Lots of Record. (a) Procedure for re-subdivision. 1'er-at~}Any change in a map of an approved or recorded ski-siat~ Subdivision Plat_Platted Lot or Lot of Record. which alters , if tl~~ -~- a ~~, an ~. e~ y access point. other than a private driveway or Street layout as shown on the recorded Platsa-rxap, or any area reserved thereon for public Use, , b ~ ~ ~ '. ~ ' •' shall be approved by the City Commission by the same procedure, rules ,~, and regulations as for a new subdivision, and a re-Plat shall be recorded. (b) Procedure for subdivisions where future re-subdivision is indicated. Whenever a parcel of Land is subdivided and the subdivision Plat shows one (I) or more Lots containing more than one (1) acre of Land and there ~"`" are indications that the Lots will eventually be re-subdivided into small Building sites, the City Commission may require the allowance for future opening of Streets and the ultimate extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and extension of the Streets may be made a requirement of the ~„ Plat. (c) ~ Changes to_previousl recorded Subdivisi combination-er• recombination, or recont3Quration e Y on Plats. No €-per~+ens-of previously Platted Lots shall be is permitted when -additional parcels _are created or when residual parcels smaller than any of the original Lots are created_~ISuch chances to previously recorded and Platted subdivisions and Platted Lots of Record shall require_a re-plat _to be improved by the City Commission in accordance with the same procedure Hiles and regulations as for a new ~,,, Subdivision. ~~~Fe~plattui ^shall not be required ;~~ , b t . ~ a==~~-when the recombination of Lots reduces Density or the number of Lots within """' a Subdivision -' e~provided that the square footage of any such recombined Lot shall not be less than five thousand (5,000) square feet and. that Development of the resultant Lot complies with all applicable provision of these I and Development Regulations. ~" ~ _ ., Community Development Board Revised Strikethrough Draft 09-07-01 _~, 80 Rcn~ised Uraft OS/2l/01 ef>+}~}~c~i-t=.E-+~~ e+~+b+nt t }-ik }~ c=Er=eES iEltfak-f~3~~14-y+++a } }~+-tam-+++~-c~l~-tl+«~,~i ~ in<t!-hut s-are-e-Ee ~a tee{--~,rE~.~d~ El-t~~aE-~k ~=f '"* ~+~ }~-tti-v-isiei }- is- ac c:er~it>}.i~ }i~cl-t1+~-t~-itl~tal-L-~~atr-++~e~t13~--t~gttirid-bet--area-lr-ot~+tdt~l~t~E}-a~}-roc-It+it~cl-{=FOt~t; ~a~=~~~ido-~'-a~'c~-s~~ks Tfais is redurrrlrmt Sec. 24-189. Vacation of Previously Recorded Subdivision Plats. An Applicant may apply for the vacation of a recorded Plat~or a portion of a Plat " - ~ , ~" , ..: , by a written application^;~tr-~;n,e,,T to which a copy of the Plat shall be ~,. attached requesting the same to be vacated. Vacation of Plats shall require approval of the City Commis~;ion Any future Subdivision or Re-Plat shall be apuroved by the City COmmISS10n by the same procedure rules and regulations as for a new Subdivision. ~. Secs. 24-190. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a Plat for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat has been approved by the City Commission in accordance with the provisions of this Article and signed by the Mayor of the City of Atlantic Beach. If an unapproved Plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the City Commission. No changes, erasures, modifications or revisions shall be made in any Plat, approved by the City Commission without the consent of the City Commission. No Develo merit Permits shall be issued for an Land that has been subdivided or any l.,ot that has been created, exec t in comt~liance with the requirements of this Article and the Comprehensive Plan Sec. 24-202. Plat Review Procedure. There are three (3) stages of review required prior to Final Subdivision Plat approval: the concept plan review; the preliminary Plat review, and the Final Subdivision Plat approval. The Community Development Director shall ~,,, verify at each stage of review that the proposed Plat complies with the Comprehensive Plan and Article III of this Chapter. No Subdivision application shall proceed to the next stage of review until it is found to be consistent with the adopted Comprehensive Plan and Article III of this Chapter. '~"'"' (a) Stage 1. Concept plug review. This stage allows the Applicant to discuss the concept with the Community Development Director and other City personnel before incurring the costs of professional services. This assistance should facilitate the preparation and review of the preliminary and Final Subdivision Plat. w. (b) Stage 2. Preliminary Plat review. This stage commences the formal review process and requires . professional services for accurate presentation of technical data and preliminary engineering drawings in such a manner as to allow review and evaluation of the proposed development and its impact upon both the site and ~"" surrounding areas. (c) Stage 3. Final Plat approval. Following preliminary Plat approval, this is the final stage before ,~ recording a Plat. The Final Subdivision Plat may be approved by the City Commission after construction of required subdivision improvements or by providing the City Commission security that the required improvements shall be constructed. Construction Plans must be approved, and Development required pursuant to the Plat approval must be completed and accepted by the City Commission before the Final Subdivision Plat is recorded unless appropriate ~+" assurances are provided by the Applicant. Submittal requirements for each stagy*e of review and approval ate Set forth in the followinu Section Community Development Board Revised Strikethrough Draft 09-07-01 81 ~. Revised Drrrft - Recun~~n:enrled for «ppruvu/ by Comm:unity Deve/opment Board py_~g_~~~ Sec. 24-188. Re-subdivision of Platted Lots and Lots of Record. (a) Procedure for re-subdivision. Any change in a map of an approved or recorded Subdivision Plat, ~. Platted Lot or Lot of Record, which alters any access point, other than a private driveway, or Street layout as shown on the recorded Plat, or any area reserved thereon for public Use, shall be approved by the City Commission by the same procedure, rules and regulations as for a new subdivision, and a '"" re-plat shall be recorded. (b) Procedure for subdivisions where future re-subdivision is indicated. Whenever a parcel of Land is subdivided and the subdivision Plat shows one (1) or more Lots containing more than one (1) acre of Land and there are indications that the Lots will eventually be re-subdivided into small Building sites, the City Commission may require the allowance for future opening of Streets and the ultimate extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and extension of the Streets may be made a requirement of the Plat. ~. (c) Changes to previously recorded Subdivision Plats. No combination or reconfiguration of previously Platted Lots shall be permitted when additional parcels are created, or when residual parcels smaller than any of the original Lots are created. Such changes to previously recorded and Platted subdivisions and Platted Lots of Record shall require a re-plat to be approved by the City '~ Commission in accordance with the same procedure, rules and regulations as for a new Subdivision. (d) Re-platting shall not be required when the recombination of Lots reduces Density or the number of g"' Lots within a Subdivision, provided that the square footage of any such combined Lot shall not be less than five thousand (5,000) square feet and that Development of the resultant Lot complies with all applicable provision of these Land Development Regulations. Sec. 24-189. Vacation of Previously Recorded Subdivision Plats. ~. An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by a written application to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall ,,, require approval of the City Commission. Any future Subdivision or Re-Plat shall be approved by the City Commission by the same procedure, rules and regulations as for a new Subdivision. Secs. 24-190. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a Plat for the Subdivision of Land to the Clerk of the Circuit ~'" Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat has been approved by the City Commission in accordance with the provisions of this Article and signed by the Mayor of the City of Atlantic Beach. If an unapproved Plat is recorded, it shall `~"" be stricken from the public records upon the adoption of an appropriate resolution by the City Commission. No changes, erasures, modifications or revisions shall be made in any Plat, approved by the 86 ~~. !l''ovember ~6, 'U01 "' Sec. 24-2~~. Lots. (a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall '" be appropriate for the location of the Development and for the type of development and Use proposed. Lot arrangement and design shall be such that all Lots will provide satisfactory and desirable Building sites. In no event shall a residential Lot created after the initial effective date of these Land Development Regulations ave a wid o ess t an seventy- ive (75) eet at the Building Restriction Line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a Planned Unit Deve opment. ~. (b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be ~ adequate to provide for the off-Street service and parking facilities required by the type of Use and development proposed. (c) Residential Comer Lots. Corner Lots for residential Use shall have extra width, greater than a ~" corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to both Streets. (d) Street access. The Development shall provide each Lot with satisfactory and permanent access to a public Street. (e) Double frontage Lots. Creation of new residential Lots having double Street ,frontage shall be avoided. ~, (f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance with approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the recorded Plat. Sec. 24-256. Required Improvements and Monuments. ~. (a) Iron pipes. Iron pipes shall be placed at ull block corners, angle points and points of curves ir- Streets, and at intermediate points as shall be required by the Administrative Official. ~"" (b) Permanent Reference Markers. A sufficient number of Permanent Reference Monuments shall be set in each residential Subdivision, in no case less than two (2) such monuments and in no case more than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both, "" properly referenced, for both construction and future City Use. The Permanent Reference Monuments shall meet all the specifications set out in Florida Statutes, Chapter 177.091, and as may be required by the designated Administrative Official. ,. (c) Location and construction. The location of all Permanent Reference Monuments shall be indicated on the Final Subdivision Plat. All iron pipes and pins and Permanent reference Monuments shall be of such size, material and length as maybe specified by the Administrative Official. (d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or Permanent Reference Monuments. 101 i~ ~.~ C'.1TY ©F ATLANTIC BEAC~I CITY" C+OMM1SS10N MEETI1iG November 26, 2001 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Commission Meeting of November 12, 2001 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meeting 4. Consent Agenda ~'" ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ~. ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY ~„ SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly report of Utility Sales (City Manager) 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 90-01-173 -Public Hearing and Final Reading AN ORDIlv'ANCE OF THE CITY OF ATLANTIC BEACH, COUNT' OF bUVAL, STATE OF FLORIDA, TO REZONE LAND FROM THE PRESENT ZONING CLASSIFICATION OF RESIDENTIAL GENERAL, TWO-FAMILY, (RG-1) TO RESIDENTIAL, SINGLE-FAMILY (RS-2), PROVIDING FINDINGS OF FACT, REQUIltING RECORDATION, AND PROVIDING AN EFFECTNE DATE,(City Commission) B. Ordinance No. 90-O1-172 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING AND SUBDMSION REGULATIONS (City Commission) C. Ordinance No. 60-01-11-Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, SECTION 17-17, TO PROVIDE FOR THE TREATMENT OFNON-CONFORMING SIGNS; PROVIDING FOR RECORD-ATION AND PROVIDING AN EFFECTIVE DATE (City Commission) «. ORDINANCE NUMBER: 90-01-172 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING BY REFERENCE ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA. SUCH REGULATIONS SHALL BE ADOPTED BY REFERENCE AS CHAPTER 24 OF THE CODE OF ORDINANCES AS ADOPTED THROUGH ORDINANCE NUMBER 90-01-170 AND. CONTAINING FOUR ARTICLES: ARTICLE 1 - IN GENERAL AND PROVIDING FOR ADOPTION AND AUHTORITY, PURPOSE AND INTENT, JURISDICTION, AMENDMENTS, LEGAL STATUS AND CONSISTENCY WITH THE COMPREHENSIVE PLAN; ARTICLE II -LANGUAGE AND DEFINITIONS; ARTICLE III..- ZONING REGULATIONS, IN GENERAL AND PROVIDING FOR ADMINISTRATION, APPLICATION PROCEDURES, GENERAL. PROVISIONS AND EXCEPTIONS, ESTABLISHMENT OF DISTRICTS, PLANNED UNIT DEVELOPMENTS, SUPPLEMENTARY REGULATIONS, LANDSCAPING AND ARTICLE IV -SUBDIVISION REGULATIONS - IN GENERAL AND PROVIDING FOR APPLICATION PROCEDURES, REQUIRED IMPROVEMENTS, ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS, DESIGN AND CONSTRUCTION STANDARDS. THIS ORDINANCE ALSO PROVIDES FOR FINDINGS OF FACT, SEVERABILITY, REPEAL OF CONFLICTING fRDINANCES, OR PORTIONS THEREOF AND PROVIDES FOR AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida, (hereinafter the "Commission") hereby finds that the public health, safety and tivelfare of citizens are .protected and enhanced by the enactment of these Zoning, Subdivision and Land Development ~. Regulations. These regulations shall serve to inform the public of regulations and provisions, which generally and specifically regulate the use and development of land and waters within the City of Atlantic Beach. These Land Development Regulations shall also: (a) protect the natural environment and its resources; (b) protect and preserve the quality of life within the City of Atlantic Beach; (b) implement the Comprehensive Plan for the City of Atlantic Beach, and (d) preserve Constitutionally protected property rights, and WHEREAS, the Zoning Districts and regulations set forth herein provide for orderly growth; encourage the most appropriate use of Land; .protect and conserve the value of property; ~, prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, appeazance, convenience, and general welfare of the public and serve to accomplish ~. and implement the goals and objectives of the Comprehensive Plan, and ,~' WHEREAS, after required notice was published, public hearings were held on the 12th ~,. day of November, 2001 at 7:15 p.m, and on the 26th day of November, 2001 at 7:15 p.m. to hear and enact said Zoning, Subdivision and Land Development Regulations. ~. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The above recitals aze hereby incorporated herein as Findings of Fact in support of this Ordinance and these Zoning, Subdivision and Land Development Regulations. ~. SECTION 2. The attached Exhibit A, Zoning,. Subdivision and Land Development Regulations (hereinafter "Land Development Regulations") are hereby incorporated as Chapter 24 of the City. of.Atlantic Beach Code of Ordinances, and enacted by reference. SECTION 3. City of Atlantic Beach Zoning and Subdivision Regulations as adopted within Chapter 24 of the City of Atlantic Beach Code of Ordinances through Ordinance Number 90-01-170, as they may have been amended from time to time, are hereby repealed, provided that certain .development, land use, or construction, if qualified, may have vested rights to continue or ~„ ..) be completed under the terms of these repealed ordinances or provisions therein. SECTION 4. Any violation occurring before the effective .date of these Land ~, Development Regulations shall not be deemed voided by the enactment of this Ordinance. SECTION 5. All provisions of any .City of Atlantic Beach ordinance, resolution, ,~„ regulation or policy in express conflict with these Land Development Regulations aze hereby, repealed to the extent of such conflict. SECTION 6. Other regulations and ordinances which may regulate the use and development of Land, such as but not limited to utility, sign, yegetatian, impact fee' ordinances, and ordinances incorporating Florida Building Codes, -and other such technical codes, remain in ~„ effect and are not replaced by these Land Development Regulations. SECTION 7. In the case that any section, subsection, paragraph, phrase or sentence of ,, this Ordinance or these Land Development Regulations is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity and lawfulness of the remaining. portions of this Ordinance or these Land Development Regulations. SECTION 8. This Ordinance and these Land Development Regulations shall take effect ~ ,~ on January 01,2002. i ~. Ordinance 90-01-172 Page 2 of 3 SECTION 9. This Ordinance 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 on first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of November, 2001. Passed on final reading and public hearing this ~~ p~PTovember, 2001. . 11~E~RVE 'residi Officer A roved as ao form and correctness: ~. NSEN, ESQUIRE City orney ~• Attest: *~ MA EN KING City Clerk ~. ~. ~. Minutes Page --i- November 26, 2001 ( ~ the core city azea. He commended Community Development Board Chair, Don Wolfson, and the Board Members for their diligence and hazd work on the revisions. Mayor Meserve provided background information on the amendments to the code. It was explained that the ninety day rule was adopted not because of noise or parking issues, but because the Community Development Board recommended the change based on the fact that the garage apartments were located within a total residential azea, and the Board wished to limit short term rentals in single family neighborhoods. Mayor Meserve acknowledged that any zoning taw was a restriction of personal rights, but it had been pointed out by past consultants, that if core city drainage project was to succeed, the city must limit future ~„ construction of duplexes. He indicated that the zoning ordinance provided a delicate balance between protecting property rights and the long-term needs of the city. There was no further discussion and the motion carried unanimously. ~* B. Ordinance No. 90-O1-172 Public Hearing & Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING AND SUBDIVISION REGULATIONS (Commission) Motion: Approve Ordinance No. 90-01-172 on final reading. ~• Mayor Meserve presented the ordinance in full, in writing. He opened the public hearing and the following citizen(s). spoke concerning the proposed rezoning ordinance: George Bull of 1937 Sevilla Boulevard West, inquired if the grace period that applied to Ordinance No. 90-O1-173 also applied to this ordinance. Mayor Meserve responded that the one-year grace period did not apply, but the same protections were provided through vesting provisions. Community Development Director Doerr's memo concerning the rights of property owners aRer the new regulations are adopted is attached and made part of this official record as Attachment D. Mack McCuller of 225 Water Street, Jacksonville, supported the ~~, ordinance. COMMISSIONERS BEAVER BORNO PARSONS WATERS MESERVE M S O E T C I O O N N D X X Y E S X X X X ~. Minutes Page -5- November 26, 2001 ~~ i.yman Fletcher of 804 East Coast Drive, clarified the setback requirements of Section 24-163 in the final draft of the ordinance. He opposed the change from 20' to 15' for the parking of boats and recreational vehicles. He felt the change would destroy the aesthetics of a neighborhood, would cause parking problems since cazs would now be parked on the street to accommodate a boat pazked in the front yard, and would result in a negative impact on property values. No one else spoke for or against the proposed ordinance, and the Mayor closed the public hearing. Discussion of vested rights ensued and City Manager Hanson pointed ~* out that a definition of vested rights was included in the ordinance. Community Development Director Doerr's memo (Item 7A and & B) clarified the language of the ordinance and is attached as '""' Attachment D. Discussion ensued concerning the change in Section 124-163 for ~'" pazking or storing recreational vehicles, boats and trailers from 20' to 15'. Commissioner Waters concurred with former Mayor Lyman ` Fletcher and opposed the change. He urged Mayor Meserve and '" ~ 'Commissioners Beaver and Borno to reconsider their positions and . ~~ change the setback requirement back to 20'. Commissioner Beaver reiterated his previous position and believed the Commission made this change in order to address the needs of the Marsh Oaks Community. He felt the change would cause no major impact to the city. Code Enforcement Officer Sherrer confirmed that several 15 -17' boa#s were legally parked in front yards in various areas of the city. Mayor Meserve thanked the Community Development Board ~'" Members aad the Commissioners for their work on the ordinance . which he believed was much better than the current zoning ordinance. Following brief discussion the motion carried by a four to one vote with Commissioner Waters voting nay. C. Ordinance No. bO-Ol-li Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17, SIGNS AND ~, ADVERTISING STRUCTURES, ARTICLE I, SECTION 17-17, TO PROVIDE FOR THE TREATMENT. OF NON- CONFORMING SIGNS; PROVIDING FOR OMMISS[ONERS M 0 T I o N S E C O N D '' Y ~ S ; AGENDA ITEM #8D MAY 8, 2006 Subsequent amendments to Chapter 24, specifically Article IV, the Subdivision Regulations, were reviewed and considered and by the Community Development Board and the City Commission during March through May of 2003. Attached are copies of the agenda related documents from first and second readings, strikethrough/underline and clean drafts, the adopted ordinance and my Commission Staff report for the April 14, 2003 Commission meeting summarizing the proposed changes and requesting public hearing dates. The amended Subdivision regulations were approved upon first reading on April 28, 2003, and adopted upon final reading on May 12, 2003. a.. ~. Revised 02/02/01 P'I~~ .. _. ~i ~~ ~~ , (a) Procedure for resa~bdivision. For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on such a map, or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, the parcel resubdivision shall be approved by the City Commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated.` Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more.... than one (1) acre of land and there are indications that the lots will eventually b~e resubdivided into small building sites, the City Commission may require the allowance for future opening of streets and the ultimate extension of adjacent streets on that parcel of land. Easements providing for the future opening and extension of the streets may be"made a requirement of the plat. parcels smaller than any of the original lots are created; unless otherwise permitted under townhouse regulations, or, except on approval.. of tl-re City CommissionTwhen the recombination of lots will reduce density otherwise permitted and furtherp~ovided that the square footage of any such recombined lot shall not be lessthan ti~.e thousand (S,OOO~~square feet. Upon approval of the City Commission lots which fall. under the detinitiuri ~t double frontage lots, except lots having frontage on the Atlantic Ocean, ma,r be combined or recombined where residual parcels smaller than any of the original lots are created provided that after such division is accomplished, the residual lots can meet the required lot area,lot ~~idth and all required front, rear, and side yard setbacl:5. Sec. 24-132. Vacation of plats. An applicant: m~i~~ apple for the vacation of arty his or her plat or any part ofatxy his or her plat at any time,before tlZe sale of aav:lot therein, by a written instrument, to which a copy of the ..plat shall; be attached requestii~g,,the same to be vacated. Any subsequent resubdivision shall follow~~all provisions ofSectl~ii 2~-188 and other applicable sections of Article IV. Secs`~24-190--24-200. Reserved. ~: DIVISION 2. APPLICATLON PROCEDURE :: ~' Seca Z~4-Z01. General requirements. (c) Combination, or recombination of previous'~~ pl,:: ray tofs_ No combination or recombination of portions of previously platted lots is perrnitted'wheri new parcels or residual It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the -107- Revised 02/02/01 or drainage right-of--way conforming substantially with the lines of the watercourse, and suc further width h as will be adequate for the purpose of access for maintenance and to rovide for the unrestricteri flax, „~+~.,. __~_ _ ------_ ~~ (a) General. The lengths, widths and shapes ofblocks shall. be detP regard to: ~rmined with due (c) Other drainage easements. Other easements may be required for drainage a ose such size and location as may be determined by the administrative official p ~ s of (d) Pedestrian and service easements. Where necessary for safet ~ a pedestrian and service easements or rights-of--way may be pro~~ided. Y nd convenience, (e) No city expense. Easements required by these r ` ~_ilations ~.~:ithi subdivisions shall be provided at no expense to the ciri~: n proposed ,;, Sec. 24-254. Blocks. y (1) Provision of adequate building sites suitable to the special needs of the u contemplated; : se (2) Zoning requirements as to lot sizes and dimensions• (3) Needs for convenience access, ~irculation,~control and safe pedestrian trafti~: and fire protection: ~ tY of street and ~b),Blockler~ ~~~ ~~~. ~~. ... -'' ,ties B1oc'~ilen~gths shall not exceed twelve hundred (1200) feet betwee itersecting streets, ~.tcept that the Citti- Com_ m~sion may approve blocks of rea n g ter length. ec. 24-255.:Lo ts. `~, :~ ~a) General. The lot siLe;~tividth, depth, shape and orientation, and the mini .setback lines shall be a ~ mum building FP~cP;riate for the location of the subdivision and for the type of dz~'elopment and use contemplated. Lot arrangement and design"shall be such that provide satisfactory and''desirable building sites. In no event shall a to all lots will t have a width of less than severity-five (75) feed at the building line, nor shall it contain less than seve undre _ (7,500) square feet_ n thousanri f,~,P ..:._. ~~~ Limensions: Lot dimensions shall conform to the requirements of article III of this chapter, and -the depth and width of properties TP~Ar..oa .._ , _ ~~~ ~~ i~viae ror the off-street service and arkin faciliti the~f use and development contem lated -126- Attaclirncnt D ~. ~ CITY OFATLANTIC BEACH CITY COA~VIISSION STAFF' REPORT AGENDAITEM: Proposed amendments to Subdivision regulations ~® SUBMITTED BY Sonya Doerr,AICP r' ~® ~~ ~. Community Development Director DATE: Apri102, 2003 BACKGROUND: Attached is a striketh~~acgh dra$ of proposed amendments to Chapter 24, Article IV, the City's Subdivision regulations. (My continents or explanations are provided in bold, italicized prig:t.) The proposed changes were considered by the Community Development Board at their March 18, 2003 meeting, and a unanimous recommendation of approval is forwarded to the City Commission. The proposed revisions do not significantly change the review and approval process for Subdivisions, +• but they do consolidate duplicative sections that are in the current regulations, and require some additional information to be submitted in accordance with other changes to the Land Development Regulations, State laws and Florida Building Code requirements. The most significant changes are additional provisions, updated language, definitions, and clarifications, which are intended to address development concerns and issues where inadequate or ~"' outdated regulations cun:ently exist. These amended and new provisions are summarized as follows. • Section 24187, page 2: This section establishes a clear definition, in accordance with Florida ` Statutes, of Subdivision and Improvements within a Subdivision. • Section 24-I88, page 2: This section establishes when the filing and approval a formal Final Subdivision Plat or a Replat is required • Section 24-189, pale 3: This new provision is intended to address the issue of illegal lot divisions, and requires that a Certified Survey•be submitted to and approved by City staff for ~„ the purpose of verifying that: both resultant lots meet the minimum 7500 square foot lot size; proper access is provided; no nonconfornung structures will be created by the division, and that any other Land Development Regulations applicable to the property division are met. This ~,,, section. provides an exempkion for the formal platting procedure for such two-lot property divisions, but requires approval of the survey to verify that the lots meet alI requirements, prior to recording of a deed and prior to issuance of a Building Permit. The approved survey is ~, to be recorded as an addendum to the deed, and a copy of the approved survey will be maintained in City records, and must be submitted with any future application for Building Pemuts. This section also addresses townhouses that are divided in ownership. • Section 24-190, pa~3: This section addresses a problem staff has encountered numerous times, w here s everal 1 ots have p reviously b een b wilt u pon a s a single p arcel, a nd p roperty . owners later wish to sell one of the parcels, but required setbacks cannot be provided on the adjacent parcel. • Division 2, page 4: The current regulations contain a great deal of redundancy describing the review procedures. There are no substantive changes in this process, but Division 2 has been • consolidated into a more concise explanation of the Subdivision application and review 04-14-03 regular meeting ~. 6 AGENDA ITE117 #8I APRIL 14, ?003 process. (Much of this process and the requirements for a preparation and recording of a Final ~, ~ Plat are set forth by Chapter 177, Florida Statutes.) • Section 24-251, pane 18: The requirement for Habitable Space to be constructed at a minimum Finished Floor Elevation of eight and one-half (8.S) feet above Mean Sea Level is set forth in paragraph (c) of this section. The Building Official has long enforced this requirement based upon FEMA regulations, but it is not currently enacted by any local ordinance. The recently adopted revised stormwater regulations are also referenced in paragraph (e) of this section. • Section 24-252, pale 1 S: The City construes thie current regulations to require that a developer must design, construct and pave and Streets in accordance with City standards, and also provide access to paved streets. The revised language of paragraph (c) unequivocally sets forth this '" requirement. The requirement to provide for continued maintenance of private streets is also established in paragraph (d). • Section 24-253, page 2l (f1: This provision prohibits the closure of beach access easements in ~""' support of various Comprehensive Plan policies. • • Section 24-256, pale 22: The Comprehensive Plan references required recreation, but there is currently no standard to quantify how much recreation area is required in new subdivisions. This provision establishes a minimum one-acre of recreation area for proj ecis ten acres or more in size and requires SO% of that land to contain active recreation facilities. • • Sections 24-259 and 260 pale 23: The current regulations require central water and sewer for ~. all new Subdivisions, which again, are defined as any development or division of more than two lots. Section 24-260 addresses those new lots that might be exempt from the definition of a Subdivision, and requires these to be at least one-acre in size if a septic tank is to be used, and •also requires connection to central services if available within 100-feet of the lot. While it may not be legally defensible to outright prohibit septic tanks, those areas which are not currentl Y ,~„ served by central sewer are some of the more environmentally sensitive areas of the City. As required by the Comprehensive Plan, the use of new septic tanks should be limited to the extent possible. RECOMMENDATION: Establish dates to hear and enact proposed revisions to Subdivision regulations, with first reading on Apri128, 2003, and final reading and public hearing for May 12, 2003. ATTACI~?ENTS: Strikethmugl~ draft of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and minutes of the Community Development Board meeting recommending approval of the proposed revision REVIEWED BY CITY MANS -• 04-14-03 regular meeting ~" ° - "I CITX OF ATLANTIC BEACH COMMISSION MEETING Apri114, 2003 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 24, 2003 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings B. Review and possible action on a report on Golf Carts on public streets 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly reports -Public Works and new occupational licenses (City Manager) B. Approve list of items to be declared as surplus to the City of Atlantic Beach (City Manager) 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 90-03-181 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 90-03-181 REZONING LANDS AS DESCRIBED HEREINAFTER TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND .PROVIDING AN EFFECTIVE DATE B. Ordinance No. 65-03-32 Public Hearing and Final Reading ,~,, AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING ~ CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQUIREMENTS AT CERTAIN INTERSECTIONS , PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE (City Commission) C. Ordinance No. 5-03-41 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII , FINANCE, DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND '"~ THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) D. Ordinance No. 20-03-S9 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF °~" ATLANTIC BEACH, FLORIDA, .FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2003 ~' 8. Miscellaneous Business A. Appointments to Cultural Arts & Recreation Advisory Committee (2) B. Appointment to the Community Development Board (1) ~" C. Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for afour-year term, and to the Police Pension Board of Trustees for atwo- year term "" ..r~ D. Acknowledge receipt of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and authorize staff to draft an ordinance to codify the proposed amendments (City Manager) '~' E. Discussion and related action in connection with possible regulation of rental property (Comm. Borno) 9. City Manager A. City Manager's report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim ~. record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any parson wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. ~, Every effort is made to indicate what action the City Commission is expected to take an each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, April 11, 2003. -2- ,,. Minutes Page -~- April 14, 2003 There was no discussion and the motion carried unanimously. s S. Miscellaneous Business: A. Appointments to Cultural Arts and Recreation Advisory Committee (2) The Mayor nominated Katherine Burgess and James B. Strutchen, Jr. for appointment to the Cultural Arts Board. The City ,~ Commission unanimously approved the appointments. B. Appointment to the Community Development Board The Mayor nominated Lynn Drysdale to fill the unexpired term of Karl Grunewald on the Community Development Board. Motion: Appoint Lynn Drysdale to the Community Development Board The motion carried unanimously. C... Confirm appointment of Harry McNally to the General " ' }Employee Pension Board of Trustees for afour-year S term and to the Police Pension Board of Trustees for a . rivo-year term Motion: Confirm appointment of Harry McNally to the "~' General Employee Pension Board of Trustees fora four- year term and to the Police Pension Board of Trustees for a hvo-year term. There was no discussion and the motion carried unanimously. ,°""~ D. Acknowledge receipt of proposed amendments to Chapter 24, Article TV, Subdivision Regulations and authorize staff to draft an ordinance to codify the "' proposed amendments (City Manager) Community Development Director Sonya Doerr stated that she was working on the draft of the changes to Chapter 24 recommended by the Community Development Board, as listed in her report dated Apri12, 2003. A copy of the report is attached and made part of this official record as Attachment D. She proposed to have the first reading on Apri128, 2003, and final reading and public hearing on May 12, 2003. • M S 0 E T C I 0 Y o ~ E r COMi~1ISSIONERS N p S ~ BEAVER X BORNO X PARSONS X X MESERVE X X BEAVER X BORNO X PARSONS X X MESERVE X X Strikethrough draft 04/02/03 ARTICLE IV. SUBDIVISION REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and Intent. The public health, safety, comfort and welfare require the harmonious, orderly and progressive development of Land. The Sul~i~isienappropriate and lawful division of Land is a vital step intlie "'" ~~~'~°~~°~«~^~ ~~^°°~~ ^ra the progress of the community's development. Once Land has been shaped into Lots, blocks and Streets, correction of defects is costly and difficult. Substantial public responsibility is created by each new ~~~'Subdivision, involving the maintenance of Streets, drainage, utilities and ~ other health facilities and the provision of additional public services. AsIn that the general welfare, health, safety and convenience of the community are~y directly affected by the Use ^~o~~~--a~-sand division of Land. °~~~it is in the interest of the public that ~~~'~Development be designed ~„ and develepedconstructed in accordance with sound rules and proper standards. The purpose and intent of this Article is as follows: (a) To establish reasonable and equitable standards of S~ien design and procedures for the s~ck~i~division and Development of Land that will encourage stable communities and tke ~~°~n~ healthy living environments, and which preserve Environmentally Sensitive Lands and the natural beauty ..: d *~Y~b.~Yl:y u :d ~ .,+o a° a~^ °r~ .:~i, o ra +,. +i,° „«.. ,., mare ~' €ees;of the City of Atlantic Beach. (b) To ensure that public facilities) utilities are-a~~~e-~mQand infrastructure will have a "' sufficientc^~~'~~'~*-~ ~~a capacity to serve the residents of Land proposed for Development and to ensure that adopted Level of Service Standards as established by the Comprehensive Plan are not diminished; (c) To present revent traffic hazards and to require the provision of safe and convenient vehicular and pedestrian traffic circulation in Land developments, having particular regard to the avoidance of ~„ congestion in the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and Buildings, and to provide for the proper location, width and design of Streets; (d) To coordinate the~~m~~'~~r^ °„a establishment of Streets, drainage and utilities in an orderly planned manner to ensure protection of the environment and pn~et~en-~fto promote the general welfare of the Ci ; (e) To enhance protection from fire, flood and other dangers; ,, (f) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and congestion of the population; (g) To ensure proper legal descriptions and monumentation of subdivided Land; (h) To prevent or reduce t he p ollution of air, streams and ponds; t o ensure the adequacy of d rainage facilities; to safeguard the water equality and resources; and to encourage the wise Use and ,,,~„ management of natural resources throughout the jurisdiction of the City in order to preserve the integrity, stability and beauty of the community and the natural value of the Land; (i) To provide for Open Spaces and recreational areas through the most efficient design and layout of the Land; ~. Sh-ikethrou,;h draft 04/02/03 ~. (j) To guide the futLire b owth and development of the City of Atlantic Beach, in accordance with the Comprehensive Plan, this Article and the requirements of these Land Development Regulations. Sec. 24-187. Subdivision and Subdivision Improvements defined. "" ~a) Subdivision defined. For the pupsoses of_this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new streets and alleys stormwater facilities, infrastructure including but not limited to water sewer and utilities The term ~""' Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context Subdivision also relates to the process developin Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include but shall not be limited to street pavements curbs and gutters sidewalks alley pavements walkway pavements, water mains, sanitary sewers, lift stations storm sewers or drains street names signs street liehts, landscaping permanent reference monuments (P R M s)_permanent control points (P.C.P.sI monuments or anYother Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24-188. n^ °••ti,a:°;°'^r ^+' ~'^**^a T ^*~ ^^-' 7 ^*~ +' n `',Requirement for approval and recordinE of a Final Subdivision Plat or a Replat. (a) No Building Permits shall be issued for any Land that has been divided or anv Lot that has been created, except in compliance with the requirements of this Article and the requirements of Chapter '"" 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when anv of the following_conditions result from the division of Land. (1) The division of any Lands will create three (3) or more contiguous Lots or Parcels. (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, which will alter any access point, other than a private driveway, change a Street as shown on a recorded Plat, or chan e anv area dedicated for shared public use, recreation, Open Space Buffering Easement or designated for preservation. ,a-;,,e.,,^,.~ ,,,. ~w^^* ,.,,.^„* ., ~~,,,.•.., „ *,.o ro ,,,.a^a n~„*, o~an`y--area e.,~.a;,,:~;,..., w Strikethrough draft 04/02/03 b X11 o~'rt]i.,ll ., .-,1:,...l,lo ,~ ..+ ~1-.0~0 area. 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 the following_provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2) The resultant new Lots, comply with the Minimum Lot Area Width and Depth and access requirements of the applicable Zonine District the Comprehensive Plan and all other applicable ~,,, requirements of these Land Development Regulations. (3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots veri ing compliance with the above requirements. Such Certified Survey shall be ~"" submitted t o the City and approved prior t o recording of a deed for t ransfer o f ownership of Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owners to provide evidence of the approved Certified Survey along with any "'~ application for Building Permits. (b) 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 Replap t provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combir..ed and developed as a single- Development Parcel, such Lots shall not later be developed as a single Lot unless all requirements for Development as a single Lot shall be met including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The ~, City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. .~ CITY OFATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM # i D APRIL 28, 2003 ~. AGENDA ITEM: Proposed amendments to Subdivision regulations SUBMITTED BY: Sonya Doerr, AICP ~,~ ~„ Community Development Director. ~~~ DATE. Aril 15, 2003 ~~ P BACKGROUND: Attached aze proposed amendments to Chapter 24, Article IV, the City's Subdivision regulations. The proposed changes were considered by the Community Development Board at their -March 18, 2003 meeting, and a unanimous r ecommendation of approval is forwarded to the City Commission. The proposed revisions do not significantly change the review and approval process for Subdivisions, but they do consolidate duplicative sections that are in the current regulations, and require some additional information to be submitted in accordance with other changes to the Land Development Regulations, State laws and Florida Building Code requirements. RECOMMENDATION: Approval upon first reading of proposed amendments to Subdivision regulations with public hearing, final reading and enactment scheduled for May 12, 2003. ATTACHMENTS: Proposed ordinance and Exhibit A, amendments to Chapter 24, Article IV, Subdivision Regulations. REVIEWED BY CITY MANAGER: Clean draft di 1 Si2003 .~: 21 P~tif AGENDA ITEM #7D APRIL 28, 200? (i) To provide for Open Spaces and recreational areas through the most efficient design and layout of the Land. (j) To guide the future growth and development of the City of Atlantic Beach, in accordance with the adopted Comprehensive Plan, this specific provisions of this Article and other applicable requirements of these Land Development Regulations. Sec. 24187. Subdivision and Subdivision Improvements defined (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24188. Requirements for approval and recording of a Final Subdivision Plat or a Replat „~ ~(a) No Building Permits shall be issued for any Land that has been divided, yr any Lot that has been created, except in compliance with the requirements of Division 2 of this Article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Land will create three (3) or more contiguous Lots or Parcels. ''~" (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, ~* Easement or designated preservation area. Sec. 24189. 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 the following provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2) 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. ,~. Clean draft 4/1 S/2003 3:22 PA7 AGENDA ITEM #7D APRIL 28, 2003 (3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted t o the City and approved prior t o recording of a deed for t ransfer o f ownership of Lands, and shall be recorded as an addendum to the deed. 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. (b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division o.f 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. Sec. 24190. Multiple Lots and Parcels treated as a single Development Parcel. ~"' In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all ., requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24191. Waiver. (a) General. Where the City Commission fords that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a ~. waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written °"'' request for the waiver stating the reasons for the waiver grid the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. ~. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. ~„ (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and ~"'' the requirements of this Article. If the City Commission approves a waiver, the City Commission may a ttach such conditions t o the w aiver a s w ill a nsure that t he w aiver w ill c omply w ith t he intent and purpose of this Article. ORDINANCE NUMBER 90-03-182 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public health, safety, comfort and welfare require the harmonious, orderly and progressive development of Land. The appropriate and lawful division of Land is a vital step in the progress of the community's development, and substantial public responsibility is created b y e ach new Subdivision, involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of additional public services. ;~, In that the general welfare; health, safety and convenience of the community are directly affected by the Use and division of Land, it is in the interest of the public that Development be designed and constructed in accordance with sound rules and proper standards. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations, Article N, Subdivision Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read as set forth in attached Exhibit A. ~" SECTION 2. Section 24-186 of attached Exhibit A sets forth the need and justification for these regulations, and the Purpose and Intent statements of Section 24-186 are incorporated herein by reference as findings ,in support of this Ordinance.. ~. SECTION 3. 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 on first reading and public hearing by ity ommission of the City of Atlantic Beach this 28th day of April, 2003. Passed o ding and public hearing this 12th day of May, 2003. JO May esid g Officer A oved as to form and correctness: T ,' ANC NSEN, ESQUIRE City A ey ATTEST MAUREEN I G City Clerk ~. ~. 9 CITY OF ATLAIe1TIC BEACH COMMISSION MEETING May 12, 2003 AGENDA Call to order Invocation and pledge to the flag Approve minutes of the Regulaz Commission meeting of April 28, 2003 2. Courtesy of Floor to Visitors A. Presentation of a Proclamation declaring the Week of May 18-24, 2003 as ~"' Public Works Week in Atlantic Beach 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings 4. Consent Agenda ~'" ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CTTY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS *~ DESIRED, THAT TTEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOM- MENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CTTY COMMISSION ON THESE ~„ ITEMS A. Acknowledge receipt of the following reports for the month of May: Public Works project status report, new Occupational Licenses, and Utility Sales (City Manager) 5. Committee Reports 6. Action on Resolutions A. Public Hearing and adoption of Resolution No. 03-04 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE, THE TOWN OF BALDWIN, THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH (THE CITIES) AND THE DUVAL COUNTY SCHOOL BOARD TO COORDINATE THE PLANNING, LOCATION, DEVELOPMENT AND USE OF SCHOOL BOARD FACILITIES THROUGHOUT DUVAL COUNTY, AND PROVIDING AN EFFECTIVE DATE 7. Action on Ordinances A. Ordinance No. 90-03-182 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, ' STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, """ PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. *Agenda was amended to add items 8G and 8H Minutes Page -7- April 28, 2003 B. Ordinance No. 05-03-42 Public l~Iearing and final heading AN ORDINANCE AMENDING CHAPTER 2 OMMISSIONERS M o T I o N 'S E c 0 N D Y E S ~ ~ , ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) Mayor Meserve read the ordinance by title only. BORNO X X Motion: Approve Ordinance No. OS-03-41 on final PARSONS x reading. WATERS X X ~'*' ME S ERVE x Mayor Meserve opened the floor for a public hearing and no one spoke for or against the ordinance. The Mayor closed the public hearing. There was no discussion and the motion carried unanimously . C. Ordinance No. 20-03-59 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH , • FLORIDA, FOR THE FISCAL YEAR BEGINNING ,~, OCTOBER 1, 2002 AND ENDING SEPTEMBER 30 , 2002 The Mayor read the ordinance by title only. BoRNO x x Motion: Approve Ordinance No. 20-03-59 on final PARSONS WATERS X X reading. MESERVE x x Mayor Meserve opened the floor for a public hearing and no one spoke for or against the ordinance. The Mayor closed the public hearing. There was no discussion and the motion carried unanimously. D. Ordinance No. 90-03-182 Introduction and First Reading ~"" AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION ~' . REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Minutes Page -8- o E I Apri128, 2003 z c The Mayor read the ordinance by title only and announced that the COMMI I o O N Y e public hearing and final reading would take place May 12 2003 SSIONERS N D S , . Motion: Approve Ordinance No. 20-03-59 on first BORNO PARSONS X X X X reading. WATERS x There was no discussion and the motion c i d i MESERVE x +~ arr e unan mously. 8. Miscellaneous Business: ""' A. Approve Change Order No. 1 in the amount of $22,718.00 on Aerated Sludge Holding Tank at Wastewater Treatment Plant No. 2 (City Manager) Motion: Approve Change Order No. 1 in the amount of BORNO x x $22,718.00 on Aerated Sludge Holding Tank at PARSONS x x Wastewater Treatment Plant No. 2. WATERS x MESERVE g Utility Director Kaluzniak explained the Change Order in detail and displayed photographs of the site. Her Staff Report dated April 18, 2002 is attached and made part of this official record as Attachment B. There was no discussion and the motion carried unanimously. ~. B. Approve Change Order No. 1 in the amount of $15,360 on Ocean Boulevard water line replacement project (City ~. Manager) Motion: Approve Change Order No. 1 in the amount of BoRNO x x $15,360 on Ocean Boulevard water line replacement PARSONS x WATERS X X project. MESERVE x ~. Public Works Director Kosoy explained that brick was found under 4 or 5 inches of asphalt during the initial street excavation work. He indicated that initially it was though the brick could be salvaged for use in Town Center, but most were found to be in poor condition. • Mr. Kosoy stated that it was not known if the bricks ran all the way ~" to 7`h Street, but the Contractor submitted a price of $6 per lineal foot to remove and dispose of the additional brick and asphalt. It was noted that project had been completed through 3"' Street. There was no more discussion and the motion carried unanimously. "" • C. Award a contract for engineering for Well Rehabilitation and Replacement for Well Nos. 2 SN "`T ''~ ^~a ~c > > > Clean draft 4/1 S/2003 3:22 PNl EXHIBIT A ARTICLE IV. SUBDIVISION REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and Intent. AGEtiDA ITEM # MAY 12, 2003 The public health, safety, comfort and welfare require the harmonious, orderly and progressive development of Land. The appropriate and lawful division of Land is a vital step in the progress of the ;~„ community's development. Once Land has been shaped into Lots, blocks and Streets, correction of defects is costly and difficult. Substantial public responsibility is created by each new Subdivision, involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of additional public services. In that the general welfare, health, safety and convenience of the community are directly affected by the Use and division of Land, it is in the interest of the public that Development be designed and constructed in accordance with sound rules and proper standards. The purpose and intent of this Article is as follows. (a) To establish reasonable and equitable standards of design and procedures for the division and Development of Land that will encourage stable communities and healthy living environments, and "" which preserve Environmentally Sensitive Lands and the natural beauty of the City of Atlantic Beach. (b) To ensure that public facilities, utilities and infrastructure will have a sufficient capacity to serve the ~" residents of Land proposed for Development and to ensure that adopted Level of Service Standards as established by the Comprehensive Plan are not diminished. (c) To prevent traffic hazards and to require the provision of safe and convenient vehicular and pedestrian traffic circulation in Land developments, having particular regard to the avoidance of congestion in the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and ,~„ Buildings, and to provide for the proper location, width and design of Streets. (d) To c oordinate the a stablishment o f S treets, d rainage a nd u tilities i n a n o rderly p Tanned m anner t o ensure protection of the environment and to promote the general welfare of the City. (e) To enhance protection from fire, flood and other dangers. """' (f) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and congestion of the population. (g) To ensure proper legal descriptions and monumentation of subdivided Land. (h) To prevent or reduce t he p ollution of air, streams and ponds; t o ensure the adequacy of d rainage ~• facilities; to safeguard the water quality and resources; and to encourage the wise Use and management of natural resources throughout the jurisdiction of the City in order to preserve the integrity, stability and beauty of the community and the natural value of the Land. ~. ~. AGENDA ITEiV1 ~ MAY 12, 2003 Clean draft 4,~1 S/2003 3:22 PNI (i) To provide for Open Spaces and recreational areas through the most eff cient design and layout of the Land. (j) To guide the future growth and development of the City of Atlantic Beach, in accordance with the adopted Comprehensive Plan, this specific provisions of this Article and other applicable ~• requirements of these Land Development Regulations. Sec. 24-187. Subdivision and Subdivision Improvements defined. (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. ~" Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat (a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been created, except in compliance with the requirements of Division 2 of this Article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Land will create three (3) or more contiguous Lots or Parcels. „~ (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or designated preservation area. 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 the following provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2} 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 alt other applicable requirements of these Land Development Regulations. ~,. AGENDA ITEM #7. MAY 12, 2003 Clean draft 4/1 ~/200j 3:1 Z Pr~l (3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted t o the City and approved prior t o recording of a deed for t ransfer o f ownership of Lands, and shall be recorded as an addendum to the deed. 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. (b) 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. Sec. 24190. Multiple Lots and Parcels treated as a single Development Parcel. ~. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious ,~, Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24191. Waiver. (a) General. Where the City Commission fords that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written ~„ request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions ~" of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and ~* the requirements of this Article. If the City Commission approves a waiver, the City Commission may a ttach such conditions t o the w aiver a s w ill a nsure that t he w aiver w ill c omply w ith t he intent and purpose of this Article. ,~, Minutes Page -4- May 12, 2003 JACKSONVILLE, THE TOWN OF BALDtiVIN, THE CITY "" ~ OF JACKSONVILLE BEACH, TIIE CITY OF NEPTUNE BEACH (THE CITIES) AND THE DUVAL COUNTY SCHOOL BOARD TO COORDINATE THE PLANNING, LOCATION, DEVELOPMENT AND USE OF SCHOOL BOARD FACILITIES THROUGHOUT DUVAL COUNTY, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the resolution by title only. Motion: Approve Resolution No. 03-04. Mayor Mesere opened the floor for a public hearing. J.P. ~" Marchioli of 414 Sherry Drive felt the resolution was ineffectual and opposed its approval. No one else spoke and the Mayor closed the public hearing. Commissioner Waters referenced Page 5 of the Resolution and commented that the City of Pembroke Pines, with their Joint Planning Committee, had successfully built a charter school. There was no discussion and the motion carried unanimously. • I~~ 7. Action on Ordinances: A. Ordinance No. 90-03-182 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION REGULATIONS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-03-59 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke ~"" for or against the ordinance, and the Mayor closed the public hearing. Commissioner Waters commented that he was not in favor of Planned Unit Developments (PUD's). He referenced Section 24- 222 of the ordinance and inquired as to how a PUD met the • requirements of the Subdivision Regulations. Community Development Director Doerr stated that it must meet the requirements for streets, rights-of--way, and platting. She pointed OMMISSIONERS M 0 T I 0 N S E C 0 N D Y E S i BEAVER BORNO PARSONS WATERS MESERVE BEAVER BORNO PARSONS WATERS MESERVE ~. Minutes Page -5- May 12, 2003 out that Planned Unit Developments were regulated under Article ~. . III, Division 6 of Chapter 24. ~ Commissioner Borno inquired if the changes addressed the splitting of existing lots by property owners. Ms. Doerr stated that this issue was addressed and she explained the replatting requirements. She ~, said the local realtors and title attorneys would be notified of the change. There was no further discussion and the motion carried unanimously. B. Ordinance No. 95-03-84 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW SECTION PROHIBITING AGGRESSIVE SOLICITATION, AND PROVIDING AN EFFCTIVE DATE Mayor Meserve read the ordinance by title only and stated that the ~' public hearing and final reading would be held on May 27, 2003. Motion: Approve Ordinance No. 95-03-84 on first • reading. Commissioner Borno inquired if the penalties were strong enough to be a deterrent for this type of offense. Chief Thompson pointed out ~„ that in addition to fines, the ordinance provided for imprisonment. He indicated he would check with the other beach cities concerning their penalties. Mayor Meserve inquired if the Homeless Coalition had reviewed the ordinance. Chief Thompson indicated that they had no problem with the ordinance since panhandlers were not always homeless people. Discussion of the enforcement procedure of the ordinance ensued. There was no more discussion and the motion carried unanimously. 8. Miscellaneous Business: ~" A. Discussion and possible action regarding twice-per-vveek trash collection (Commissioner Parsons) Commissioner Parsons explained his reasons for requesting the additional service. 1 OMMISSIONERS M~ O T I O N S E C O N D Y E S BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X 'r-S t-'1'~1 ~'j~r +~ .' ~° ` ~i 1'y ~, City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 ,,,,, Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us MEMORANDUM TO: Jim Hanson, City Manager FROM: Sonya B. Doerr, AICP Community Development Director DATE: November 8, 2005 RE: Division of Land and Subdivision platting procedures Fj~ fCOpy 1 have used the terms plat, re plat and platting interchangeably herein. All terms refer to the process ~. of preparing, approving and recording an official map of lands intended for certain defined uses, including those that are to be reserved (or dedicated) some public use. "Re plat" refers to the process of making changes to a previously approved plat. Approval of a re plat generally requires the same ,,,~ process as an original plat. Division of land is addressed in the City's zoning and subdivision regulations and also in Chapter 177, ,~„ Florida Statutes, which sets forth how subdivision plats are to be prepared and recorded. State Law does not dictate when a plat (or a re-plat) is required. Local governments have the authority to decide when, or when not, to require platting or re-platting of land. Chapter 177 establishes standards and ,,, technical requirements for plats so that a consistent method is used State-wide by surveyors and local governments involved in preparing, approving and recording plats. Some local governments require platting for any division of land, but many provide some basic and limited exemptions for divisions that meet established requirements. The preparation and approval of - a subdivision plat is atime-consuming and costly process, requiring survey and legal services. Again, this decision is at the discretion of the local government, but many find some limited exemptions to be reasonable. The COAB allows one exemption from the requirement to plat. In summary, to be eligible for this exemption: no more than two lots can be created; the divided lots must each be a minimum of 75-feet wide and 100-feet deep; no nonconforming characteristics can be created, and a new survey depicting the two new lots with the new legal descriptions must be provided to the City for approval. The approved surveys are to be recorded along with the deeds when the lots change ownership. (There have been eight of these divisions in the COAB. It appears there are approximately 15-17 other lots in the City that are large enough to meet the requirements for such a division, and most of these are located along Selva Marina Drive between Country Club Lane and Saturiba Drive.) ~" Anew division of property, for the purpose of future development, created in any manner other than as described above, would be considered an "illegal" division of land, and the City would not issue a Building Permit to develop such property. In years past, however, the City routinely issued building permits on newly created 5000 square foot, 50x100-foot lots in residential zoning districts. This accounts for what seems to be a hodge podge of lot shapes and sizes, particularly in Old Atlantic Beach. The Subdivision regulations have, since the 1960s, required all new lots to contain at least 7500 square feet of lot area and be at least 75-feet in width, unless approved in a PUD. The zoning regulations also however, for many years, contained several conflicting provisions, which could have been interpreted not to prohibit such lot divisions. The revisions to Chapter 24, which became effective January Ol, 2002, addressed these discrepancies. Most newer subdivisions have private deed restrictions and covenants that address many issues including lot divisions, but it is the responsibility of the Homeowner's Association, or whatever legal entity that is created, to enforce compliance with these restrictions. Local governments generally have no authority to enforce such private agreements, unless these are "mirrored" in a PUD ordinance. The City has full zoning authority to enforce the special conditions of a PUD ordinance, and a PUD typically prohibits the division of lots, as most residential PUDs establish a maximum number of lots when they are first approved. cc: Alan Jensen, City Attorney ' 2