Item 8E
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM #8E
MAY 8, ?006
~"" AGENDA ITEM: Proposed revision to Chapter 24, Land Development Regulations,
Article IV, Subdivision Regulations, Section 24-189 in accordance with
recommendation of the Community Development Board.
SUBMITTED BY: Sonya Doerr, AICP ~,LQ
Community Development Director
~.
DATE: Apri121, 2006
BACKGROUND: The Community Development Board was requested to reconsider their
previous recommendation related a revision to the Subdivision regulations, which has been
pending since November. This proposed revision would remove the administrative approval for
certain types of lot divisions, and establish a procedure to consider and act upon such requests at a
public hearing.
The Community Development Board has recommended that this provision of the Subdivision
regulations be amended so that such two-lot divisions go to public hearing before the Community
Development Board for consideration and action, and that a process for appeal to the City
Commission of a final decision made by the Community Development Board be provided. The
attached proposed draft ordinance incorporates those recommendations.
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of
+~ Ordinance 90-06-192, amending Section 24-189 of Land Development Regulations, Article IV,
Subdivision Regulations, in accordance with recommendation of Community Development Board.
m* ATTACHMENTS: Draft minutes of the April 18, 2006 Community Development Board
meeting, underlined draft indicating revisions and draft proposed Ordinance.
~"" REVIEWED BY CITY M AGER:
May 08, 2006 regular meeting
AGENDA ITEM #8E
MAY 8, 2006
DRAT'T
Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision
Plat or Reptat.
** (a) Building Permits may be issued following divisions of Land without the need for approval of a Final
Subdivision Plat or a Replat only in accordance with each of following provisions (1) through (8).
~. (1) Approval at a public hearing ~y the Commtu~ity Development Board of a Certited Survey
depicting the proposed new lots and upon finding that each of t}re following requirements and
conditions are demonstrated. The Certified Survey shat} also depict the location cif all Private
„~, Protected Trees as defined by Chapter 23 of thie Code of Ordinances
(2) The Certified Survey shall demontitrate that each proposed new li>t contains sufficient area to meet
all minimum Yard Reaui.rernents and that removal of no Private Protected Trees as defined by
~,. Chapter 23-16, shall be required solely for the purpose of creatins; sufficient. buildable area_on the
new lots. The Survey shall also identify the general intended buildin fix~tprint location in relation
to existing Private Protected Trees
(3) The division results in no more than two (2) contiguous Lots or Parcels, and no division i~f any
portion of the lands subject to such a request under this Section shall have been divided during the
*" precedin 7 t~, wenty-four (24) months
(4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access
~. requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable
requirements of these Land Development Regulations, as may be amended.
~,,, (5) The resultant necv lots are enerally consistent in size width depth and shape with surroundinU
development and established platting_patterns
(6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other
Nonconforming characteristic.
(7) Such. Certified Survey shall he submitted to and approved the Community Development Board prior
~" to recording of a deed for transfer of ownership of Lands and shall be reco~ded as rn addendum to
the deed(s). It shall be the responsibility of the~roperty owner(s) to provide evidence of the
approved Certified. Survey along with an~pplication for Building Permits
(8) Notice of such requests to divide lots under the terms of this Section shall be provided as set forth in
Section. 24-52 (c) of this Chapter
(b) Appeals. An Applicant may appeal a decision of the Community Development Board made pursuant to
this Section. to the Citv Commission Such appeal shall be tiled in writing with the City Clerk within
~,,, thirty (30) days after rendition of the final order of the Community Development Board and shall be
heard. at public hearing before the City Commission
(bc)Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family
Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a
Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these
Land Development Regulations and the Comprehensive Plan.
.~.
AGENDA ITEM #8E
DRAFT Minutes of,~pril l8, 2006, Cornmui~ity Dcve[oprnent board tileeting NIAY 8, 2006
5d. Reconsideration of Community Development Board's recommendation related to proposed
revisions to Section 24-189 of the Land Development Regulations related to the approval
process for two-lot divisions of property. (At the request of Mayor Wolfson.)
Sonya Doerr, Community Development Director, mentioned that she had distributed to the Board some
correspondence from Mayor Wolfson received this morning, addressing this item. She provided the
background on this issue and explained the Replat Exemption ordinance. She advised that the Mayor's
intent was to have the CD Board and the Commission process a replat exemption request similar to that
~, used for aUse-by-Exception, where such requests would come before the CD Board; the CD Board
would make a recommendation to the Commission, and the City Commission would take final action
on the request.
Carolyn Woods motioned to recommend to the Commission that lot divisions of any type come to the
Community Development Board for a recommendation to the Commission. Chairman Jacobson
~„ advised that he believed that a new motion had to be made by a Board member on the prevailing side of
their original motion on the issue. Ms. Woods acknowledged that she was not on the prevailing side of
this matter when previously considered by the CD Board. Ms. Doerr continued to explain the current
~. status of the Code regarding lot divisions and indicated that there would not be a large number of these
lot division requests as there are few lots large enough to meet the size requirements for such lot
divisions. The Board discussed the information presented in the memo from the Mayor and the
~. Commission meeting minutes. Chairman Jacobson believed that the issue was referred back to the
Board for a decision on which type of review process should be applied to these two-lot division
requests. Ms. Doerr explained the procedures through which lot divisions creating more than two lots
~• are currently reviewed by the CD Board, either through the platting or re-platting process, and advised
that the CD Board now and has always been required to make a recommendation as part of these
procedures. The Board discussed the possible effects and results of the various processes.
Resident Kevin Byrnes, 391 Eighth Street, made comments addressing the minutes from a meeting on
March 8, 2004.
Chairman Jacobson motioned to recommend that requests for two-lot divisions come before the
Community Development Board for final action, subject to the applicant's right to appeal the CD
"`"' Board's decision to the City Commission. Mr. Burkhart seconded the motion and it passed by a
4:2 vote, with Chris Lambertson and Dave MacInnes dissenting.
~'"' Chairman Jacobson brought up the Winter and Company consultant and suggested that the board
recruit or organize a group of architects and builders to look at what is recommended and advise the
board on the Community Character project. The Board discussed and agreed with this idea.
The meeting adjourned at 9:15 pm.
Signed
Attest
4
0
AGENDA ITEM #3E
~I aY 8, 2(106
ORDINANCE NUMBER 90-06-192
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
ARTICLE IV, SUBDIVISION REGULATIONS, DIVISION 1, OF
CHAPTER 24, THE ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS AS INITIALLY ADOPTED BY
ORDINANCE NUMBER 90-01-172, SPECIFICALLY AMENDING
SECTION 24-189, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE.
~"' WHEREAS, the appropriate and lawful division of Land is a vital step in the
progress of the community's development, it is the intent of the City to establish reasonable
and equitable standards and procedures for the division of land that will encourage stable
~" communities and healthy living environments, and which preserve the natural beauty of the
City of Atlantic Beach.
~"' NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
'"" SECTION 1. Municipal Code, Chapter 24, the Zoning, Subdivision and Land
Development Regulations, Article IV, Division 1, Section 24-189, is hereby amended and
upon enactment shall read as follows.
Sec. 24-189. Exemptions from the requirement for approval and recording of a Final
Subdivision Plat or Replat.
(a) Building Permits may be issued following divisions of Land without the need for
approval of a Final Subdivision Plat or a Replat only in accordance with each of
~"' following provisions (1) through (8).
(1) Approval at a public hearing by the Community Development Board of a Certified
~* Survey depicting the proposed .new lots ar_d upon finding that each of the following
requirements and conditions are demonstrated. The Certified Survey shall also
depict the location of all Private Protected Trees, as defined by Chapter 23 of this
'"' Code of Ordinances.
(2) The Certified Survey shall demonstrate that each proposed new lot contains
sufficient area to meet all minimum Yard Requirements and that removal of no
Private Protected Trees, as defined by Chapter 23-16, shall be required solely for
the purpose of creating sufficient buildable area on the new lots. The Survey shall
also identify the general intended building footprint location in relation to existing
Private Protected Trees.
,,~, (3) The division results in no more than two (2) contiguous Lots or Parcels, and no
division of any portion of the lands subject to such a request under this Section shall
have been divided during the preceding twenty-four (24) months.
~. Page 1 of 2
Ordinance Number 90-06-192
RAFT
AGENDA ITEM #3E
D~I~AY 3, 2110(
~"" (4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and
access requirements of the applicable "Coning District, the Comprehensive Plan and
all other applicable requirements of these Land Development Regulations, as may
~"' be amended.
(5) The resultant new lots are generally consistent in size, width, depth and shape with
surrounding development and established platting patterns.
(6) The division and the resultant new Lots shall not create any Nonconforming
Structures or any other Nonconforming characteristic.
(7) Such Certified Survey shall be submitted to and approved the Community
Development Board prior to recording of a deed for transfer of ownership of Lands,
and shall be recorded as an addendum to the deed(s). It shall be the responsibility
of the property owner(s) to provide evidence of the approved Certified Survey
along with any application for Building Permits.
(8) Notice of such requests to divide lots under the terms of this Section shall be
provided as set forth in Section 24-52 (c) of this Chapter.
(b) Appeals. An Applicant may appeal a decision of the Community Development Board
made pursuant to this Section to the City Commission. Such appeal shall be filed in
writing with the City Clerk within thirty (30) days after rendition of the final order of
the Community Development Board, and shall be heard at public hearing before the
City Commission.
(c) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses
and Two-family Dwellings, when divided in ownership, shall not constitute a division
of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such
Dwellings are otherwise in compliance with these Land Development Regulations and
„„ the Comprehensive Plan.
SECTION 2. This Ordinance shall take effect immediately upon its final passage
~„ and adoption and shall be recorded in a book kept and maintained by the Clerk of the City
of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida
Statutes.
~" Passed upon first reading and public hearing by the City Commission of the City of
Atlantic Beach this day of 2006. Passed upon final reading and public
hearing this day of , 2006.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST
~"" DONNA BUSSEY
City Clerk
ALAN C. JENSEN, ESQUIRE
~"" City Attorney
-~„ Page 2 of 2 ~F'
Ordinance Number 90-06-192