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Item 8B~• AGENDA ITEM 8B MAY 22, 2006 ~. CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed revision to Chapter 24, Land Development Regulations, ~„ Article IV, Subdivision Regulations, Section 24-189 in accordance with recommendation of the Community Development Board. SUBMITTED BY: Sonya Doerr, AICP ~,~,Q Community Development Director DATE: April 21, 2006 BACKGROUND: The Community Development Board was requested to reconsider their „~, previous recommendation related a revision to the Subdivision regulations, which has been pending since November. This proposed revision would remove the administrative approval for certain types of lot divisions, and establish a procedure to consider and act upon such requests at a ~„ public hearing. The Community Development Board has recommended that this provision of the Subdivision ~,. regulations be amended so that such two-lot divisions go to public hearing before the Community Development Board for consideration and action, and that a process for appeal to the City Commission of a final decision made by the Community Development Board be provided. The ~+ attached proposed draft ordinance incorporates those recommendations. BUDGET: No budget issues. ~" RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of Ordinance 90-06-192, amending Section 24-189 of Land Development Regulations, Article IV, Subdivision Regulations, in accordance with recommendation of Community Development Board. ATTACHMENTS: Draft minutes of the April 18, 2006 Community Development Board meeting, underlined draft indicating revisions and draft proposed Ordinance. REVIEWED BY CITY M AGER: ~. May 08, 2006 regular meeting a~w AGENDA ITEM 8B MAY 22, 2006 DRAFT Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each of following provisions (1) through (8). (1) Approval at a public hearing by the Community .Developir~ent Board of a Certif ed_ Survey depictin tg lie proposed. new lots and upon tiliding that each of the folio«~in~ requirements and conditions are demonstrated. The Cettified Survey shall also depict the location of all Private Protected Trees, as defned 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 mi.n.itnurn Yard Requirements anal that removal. of .u.o Pri.vate Protected Trees, as defined by Chapter 23-16, shall be required solely for tl}e purpose of creating sufficient buildable area on the ~ - nevi lots. The Survey shall also ide.ntif tY lie ;*eneral intended building fi~otprint location in relation to existing Private P rotected. 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 preceding twent• ~-fy :our (,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. (~) The resultant new lots are enerally consistent in size, width, depth wed shape with. surrounding development and established Rlatti.~atterns. (6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. 7) Sucl.~_Certifie.d Survey shall be submitted to and anuroved the Comn.~.unity Develot~ment 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 own.er(s) to provide evidence of the_ approved Certified Survey along with any application for Building Permits. (8) Notice of such requests to divide lots udder the terms of this Section shawl be provided as set forth in - Section. 24-52 (c) of this Ch.a.~ter. (b) Appeals. An. Applicant may appeal a decision of the Comm~uiity Development Board made pursuant to +~ this Section. to the City Commission. Such appeal. sli.all be filed i.n writing with the Cit}~~ Clerk ~~~ithin thirty (30) days after rendition of the final order of the Community Development Board artd shall be heard at public hearinu 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 8B DRAFT Minutes of April 18, 2006, Community Development Board Meeting ~~' 22, 2006 Sd. 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 AGENDA ITEM 8B MAY 22, 2006 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 SF,CTION 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 Atlantis 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 and upon finding that each of the following requirements and conditions are demonstrated. The Certified Survey shall also depict the location of all Private Protected Trees, as defined by Chapter 23 of this Code of Ordinances. - (2) The Certified Survey shall demonstrate that each proposed new lot contains sufficient area to meet all minimum Yard Requirements and that removal of no Private Protected Trees, as defined by Chapter 23-16, shall be required solely for the purpose of creating sufficient buildable area on the new lots. The Survey shall also identify the general intended building footprint location in relation to existing Private Protected Trees. (3) The division results in no more than two (2) contiguous Lots or Parcels, and no division of any portion of the lands subject to such a request under this Section shall "'" have been divided during the preceding twenty-four (24) months. Page l of 2 Ordinance Number 90-06-192 AGENDA ITEM 8B MAY 22, 2006 (4) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and ~,, access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations, as may be amended. (5) The resultant new lots are generally consistent in size, width, depth and shape with surrounding development and established platting patterns. (6) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (7) Such Certified Survey shall be submitted to and approved the Community Development Board prior to recording of a deed for transfer of ownership of Lands, and shall be recorded as an addendum to the deed(s). It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (8) Notice of such requests to divide lots under the terms of this Section shall be provided as set forth in Section 24-52 (c) of this Chapter. '~ (b) Appeals. An Applicant may appeal a decision of the Community Development Board made pursuant to this Section to the City Commission. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order of the Community Development Board, and shall be heard at public hearing before the City Commission. "' (c) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such ~"' Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this day of , 2006. Passed upon final reading and public hearing this day of , 2006. DONALD M. WOLFSON Mayor/Presiding Officer Approved as to form and correctness: ATTEST DONNA BUSSEY City Clerk ALAN C. JENSEN, ESQUIRE City Attorney ~,. Page 2 of 2 Ordinance Number 90-06-192