Exh 8GAGENDA ITELtiI #SG
DIrCEItiIBER 12, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Revision to Chapter 24, Land Development Regulations, Article IV,
' ~ ~ Subdivision Regulations
SUBMITTED BY: Sonya Doerr, AICP ~~
' Community Development Director
DATE: December O1, 2005
.. BACKGROUND: At the November 28th meeting, the City Commission directed staff to draft
a revision to the Subdivision regulations that would remove the administrative approval for certain
' ' types of lot divisions. Section 24-189 currently allows Staff to approve asingle-division provided
that each of the two new lots meets all requirements of Section 24-189 and all other Land
Development Regulations (LDRs) and the Comprehensive Plan. Proposed revisions are indicated
by new underlined text. As proposed below, atwo-lot division only, would still be exempt from
the full plat or re-plat process, but approval by the City Commission would be required. Any
requests to divide lots under the current regulations, which can demonstrate and entitlement to
Vested Rights prior to the enactment of this or a similar ordinance, may be addressed in
accordance with Section 24-51 of the LDRs.
I have also proposed for discussion, below in subsections (1) (2) and (5), additional conditions the
Commission may wish to use as conditions in considering such requests related to existing trees
and surrounding lots patterns.
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.
~l) Approval at a public hearing_by the City Commission of a Certified Survey depicting the
proposed new lots and upon ftndin~ that each of the following_req_uirements 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 Certif ed Survey shall demonstrate that each_propo_sed new lot contains sufficient area
to meet all minimum Yard Requirements and that removal of no Private Protected Trees as
defined by Chapter 23-1 b, shall be required solely for the purpose of creating sufficient
buildable area on the new lots. The Survey shall also identi 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 subiect to such a request under this Section shall have been divided
during the preceding twenty-four (241 months
December 12, 2005 regular meeting
AGi/1VDA ITIJNI #8G
DI:CEN1BIrR 12, 2005
(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 ma_y be amended.
(5) The resultant new lots are generally consistent in size, width, death 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 Survev shall be submitted to and annroved the Citv Commission prior to
recording of a deed for transfer of ownership of Lands, and shall be recorded as an
addendum to the deeds). 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.
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BUDGET: No budget issues.
RECOMMENDATION: Direction from City Commission to forward draft ordinance
implementing revisions to Section 24-189 to the Community Development Board for review and
recommendation. This revision would constitute an amendment to the LDRs, and pursuant to ~ - -~
Chapter 163.3174, Florida Statutes (reproduced as follows), the CD Board as the Local Planning
Agency is required to review proposed changes to the LDRs, and make a recommendation to the
City Commission as to consistency with the Comprehensive Plan.
1 63.3174 Local planning agency.
(4) (c). Review proposed land development regulations, land development
- codes, or arnendntettts thereto, arzd make recojrunarldutiuns lu the guverning
body as to the consistency of the proposal with the adopted comprehensive
plan, or element or portion thereof.
ATTACHMENTS: None:
REVIEWED BY CITY MA GER:
December 12, 2005 regular meeting
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