Exh 8DAGENDA ITEM #8D
APRIL 14, 2003
CITY OFATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed amendments to Subdivision regulations
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: Aprfl 02, 2003
BACKGROUND: Attached is a strikethrough draft of proposed amendments to Chapter 24, Article
IV, the City's Subdivision regulations. (My comments or explanations are provided in bold, italicized
print.) 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outdated regulations currently exist. These amended and new provisions are summarized as follows.
• Section 24-187, page 2: This section establishes a clear definition, in accordance with Florida
Statutes, of Subdivision and Improvements within a Subdivision.
• Section 24-188, page 2: This section establishes when the filing and approval a formal Final
Subdivision Plat or a Replat is required
• Section 24-189, page 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 nonconforming 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 exemption for the fomlal platting procedure for such two-lot property
divisions, but requures approval of the survey to verify that the lots meet all 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
Permits. This section also addresses townhouses that are divided in ownership.
• Section 24-190, page 3: This section addresses a problem staff has encountered numerous
times, w here s everal l ots have p reviously b een b uilt a 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
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AGENDA ITEM #8D
APRIL 14, 2003
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, pa;;e 18: The requirement for Habitable Space to be constructed at a minimum
Finished Floor Elevation of eight and one-half (8.5) 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, pa;;e 15: The City construes the 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, pa eg 21 (fl: This provision prohibits the closure of beach access easements in
support of various Comprehensive Plan policies.
• Section 24-256, page 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 projects ten acres or more
in size and requires 50% of that land to contain active recreation facilities.
• Sections 24-259 and 260, page 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 currently
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.
RECOMIVIENDATION: 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.
ATTACHMENTS: Strikethrough draft of proposed amendments to Chapter 24, Article N,
Subdivision Regulations and minutes of the Community Development Board meeting recommending
approval of the proposed revision
REVIEWED BY CITY MANS
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AGENDA ITEM #8D
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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 ~isienappropriate and lawful division of Land is a vital step intl3e
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 aab~isie~rSubdivision, involving the maintenance of Streets, drainage, utilities and
other health facilities and the provision of additional public services. z4sIn that the general welfare,
health, safety and convenience of the community az~ directly affected by the Use e~a~-es-sand
division of Land, gab~isierrit is in the interest of the public that s~~er~sDevelopment be designed
and ~e~ele}~edconstructed in accordance with sound rules and proper standazds. The purpose
and intent of this Article is as follows:
(a) To establish reasonable and equitable standards of ~~ien design and procedures for the
~eadivision and Development of Land that will encourage stable communities and the
-~~~oi healthy living environments, and which preserve Environmentally Sensitive Lands and the
natural beauty
F .2caCQiGSof the City of Atlantic Beach.
(b) To ensure that public facilities, utilities ~:--a~~'c~~and infrastructure will have a
sufficienteap~ad 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 preseat rp event traffic hazards and to require the provision of safe and convenient vehiculaz 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 th establishment of Streets, drainage and utilities in an orderly planned
manner to ensure protection of the environment and o 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 the pollution of air, streams and ponds; to ensure the adequacy of drainage
facilities; to safeguard the water ta~q_uality 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;
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AGENDA ITEM #8D
APRIL 14, 2003
(j) To guide the future growth 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 ~urgoses 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 landsc~ing_~ermanent reference monuments (P.R.M.s), permanent control points
~P C.P s) monuments or any other Improvement as may be required by the City Commission or these
Land Development Regulations.
Sec. 24-188. .Requirement 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 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.
~) The division of any Lands will create three (3) or more contiguous Lots or Parcels.
2) The division of Land or the chap eg 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 chance any area dedicated for shared public_ use recreation, Open Space, Buffering, Easement or
designated for preservation. ,
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AGENDA ITEM #8D
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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 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 verifying compliance with the above requirements. Such Certified Survey shall be
submitted to the City and approved prior to recording of a deed for transfer of 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 alone with any
application for Building Permits.
(b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-famiy
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. 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 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. 24-191. 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.
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(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. 24-192. Vacation of Previously Recorded Subdivision Plats.
An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat.bya written application
to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall
require approval
by resolution of the City Commission and such vacation shall be approved only
in accordance with .Chapter 177.101,
Florida Statutes.
Secs. ~~24-193. through 24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-ZO1. General requirements.
(a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified
T Survey as rewired 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
~-such has been approved in accordance with the provisions of this
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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 Building Permit or other type of permit
authorizing any Development shall be issued until such division is approved in accordance with the
requirements of this Article.
fib) No Final Subdivision Plat shall be approved and no Building Permit shall be issued in the case that
Development of such Lands will result in a deficiency in the adopted level of service standard for any
public facili~ as established by the Comprehensive Plan.
Sec. 24-202. Plat Review and Ap, rp oval Procedure.
The below is duplicated in two sections_f'the current regulations. There are no substantive changes to
the review and approval process but the two sections are now combined in following Sections 24. 203
through 205.
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AGENDA ITEM #8D
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~eet~:
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requirements of each of the following reviews shall be met Drior to the recording of a Final Subdivision
Plat or Replat, and prior to the issuance of any Building Permit.
Sec. 24-203. Stage 1 Review: Concept Plan and information required for review.
(a) ~tegxireA-s~ittals:
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.Purpose and Intent. The Concept Plan Review provides for administrative
review by the Planning and Zoning Building Utility and Public Works Departments and other City
staff as may be appropriate. Seven (7) copies of the following information shall be submitted along
with anv application form and the established review fee. (A Concept Plan Review shall not be
required for previously approved Planned Unit Developments.)
fib) Information required for review.
(1) The name, address and contact information of the property owner of record and~roof of
ownership.
(2) The name, address and contact information of the developer or anv authorized agent(s)
accompanied by proper owner's authorization.
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(3) A current Certified Survey and legal description.
AGENDA ITEM #8D
APRIL 14, 2003
(4) A proposed conceptual site plan superimposed upon a boundary survey depicting each of the
following.
i. Location and width of all Street Right-of--ways; pavement width and curb detail.
ii. Name and Right-of--way width of all existing Streets ,
,adjoining the
proposed Development.
FZCAL[iTCS
iii. Sidewalks, pedestrian pathways and connections to any sidewalks. outside of the pro osed
Development.
iv. Lot layout with Lot dimensions.
v. Any existing_and proposed Easements.
vi. Any natural features including Environmentally Sensitive Lands, lakes, Wetlands and
estuarine environments, natural or manmade waterways or waterbodies, and any desi ated
Floodways.
(b) Review process. Upon receipt of ,
' a complete and proper application containing all above required
information, copies of the Concept Plan shall be distributed to appropriate departments for review and
comment. Review comments shall be provided to the Applicant in writing within fifteen (15) days of
receipt of the complete and proper application.
{~j-- c Time limit. Comments provided
p~~a~as a result of the Concept Plan Review shall remain valid for a period of six (6) months
In the event that a Preliminary Plat is not submitted to the City within this period of time a re-
submittal of the Concept Plan and review fees shall be required.
Sec. 24-204. Stage 2 ~ie~:-Review: Preliminary Plat and information required for review.
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AGENDA ITEM #8D
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(a) Pumose and Intent. The purpose of the Preliminary Plat review is to determine that comments
resulting from the Concept Plan review have been addressed and to determine compliance with the
requirements of Chapter 177, Part I, Florida Statutes, the Comprehensive Plan and these Land
Development Regulations prior to approval of the Final Subdivision Plat or Replat. Eleven (11)
copies of the following information shall be submitted to the City along with the any application form
and the established review fee.
(b) Information required for review.
(1) A statement addressing how any comments resulting from the Concept Plan have been
satisfactorily addressed. Failure to fully address such comments may result in additional review
time or rejection of the Preliminary Plat.
(2) The Preliminary Plat shall be drawn at a clear and legible scale and shall be prepared in
accordance with the requirements of Section 177.091, Florida Statutes and shall further
demonstrate compliance with this Article and applicable requirements of these Land
Development Regulations. The following information shall be depicted upon the Preliminary
Plat.
i. Title block. The title or name of the proposed Subdivision, the name and address of the
owner of the tract proposed for Development, and the name and address of the engineer and
surveyor engaged to prepare and design the Preliminary Plat.
ii. Legend. Date, scale of Plat, north arrow, ,zoning deli ation, total number of
Lots and minimum Lot size.
iii. Legal description. A full and detailed legal description of the Lands to be platted and
approximate acreage.
iv. Vicinity map. A vicinity map, at scale, showing the proposed Subdivision in relation to the
abutting Land Uses and Streets.
v. Abutting Subdivisions. All contiguous properties shall be identified by Subdivision title, Plat
book and page number, or if un-platted, the adiacent Land shall be so designated.
vi. The location and proposed name of Streets, Right-of--way and pavement widths, both within
and immediately contiguous to the Lands included in the Plat.
vii. Existing and proposed public or private Open Space Buffers nod
atural and man-made lakes, waterways, water
bodies, Wetlands and Environmentally Sensitive Lands. ~-eas-~fi~~tn,; `--~~* ~~ '-
viii. Existing and proposed public and private Easements shall be shown on the Plat. The purpose
for the easement shall be neted;noted on the Plat.
ix. Parks and recreation dedication. Lands and approximate acreage to be dedicated pursuant to
the requirements of this Article.
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AGENDA ITEM #8D
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~i~:x. Dedications and reservations. All parcels of Land proposed to be dedicated or reserved for public
Use, such as roads, easements, parks, sidewalks, bike or pedestrian trails shall be indicated on the
Plat. Proposed Right-of--ways and Street names shall be noted:
xi. The proposed Lot Lines, with approximate dimensions and Lot numbers, "'-~"'-~ "'~~--•~•
xii. Topography. Contour intervals of one (1) foot, except where determined to be unreasonable by
the Director of Public Works.
(~3) Preliminary engineering drawings. Eleven (11) copies of preliminary engineering drawings shall
be submitted to the Community Development Director for distribution and review by appropriate
City departments. Preliminary engineering drawings shall depict the following:
i. Water system lines and support facilities;
ii. Sewer system lines and support facilities;
iii. Stormwater and drainage facilities, easements and other features;
iv. Bulkheads;
v. Street profiles;
vi. Sidewalks, bicycle paths and pedestrian paths;
vii. Excavation and fill areas including any impacted Wetlands.
(hc) Review process. Upon completion of review by City departments and verification that the
proposed Plat is in general compliance with applicable land development regulations the proposed
Subdivision shall be placed on the agenda of the next meeting of the Community Development
Board for consideration and recommendation. The Community Development Director shall provide
to the Community Development Board all relevant information concerning the proposed Plat
including comments from all reviewing departments, officials or agencies. The Community
Development Board shall make a recommendation to the City Commission to approve the
application, deny the application, or approve the application subject to specified changes based on a
consideration of the requirements of these Land Development Regulations, the Comprehensive Plan
and other conditions which may be unique to the Land proposed for Development.
. Fees have areviously been established by ordinance.
(d) Tune limit. An approved preliminary Plat shall be valid for twelve (12) months. If the Applicant has
failed to obtained Development Permits, has not been granted an extension by the City Commission,
or received final Plat approval within twelve (12) months of preliminary Plat approval, the
preliminary Plat approval shall expire, and the Applicant must re-apply under the provisions of this
Article.
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AGENDA ITEM #8D
APRIL 14, 2003
. It shall be unlawful to construct any
improvement without approval of a Final Subdivision Plat and issuance of a valid ~e~telepmeat
Building Permit authorizing Development.
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AGENDA ITEM #8D
APRIL 14, 2003
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Sec. 24-205. Stage 3: Final Subdivision Plat review and approval.
(a) Purpose and Intent. The purpose of the Final Subdivision Plat review is to ensure that the proposed
Final Subdivision Plat meets all requirements of Part I, Chapter 177, Florida Statutes, all requirements
of these Land Development Regulations and other applicable regulations prior to approval by the City
Commission and prior to recording. For a period of twelve (12) months after approval of the
Preliminary Plat, the Final Subdivision Plat may be filed with the Ci , for approval. In accordance
with Division 4 of this Article, the City Commission may require assurances and security for the
construction and maintenance of required Improvements.
(b) Information required for review.
(1) Final Subdivision Plat review. Eleven (11) copies of the Final Plat shall be submitted to the City
and shall be prepared in accordance with the design standards and requirements established in
these Land Development Regulations and Part I, and Chapter 177, Florida Statutes, as may be
amended. The Final Subdivision Plat shall be consistent with the approved Preliminary Plat.
(2) The Final Subdivision Plat shall be prepazed by a registered land surveyor in accordance with the
requirements of Section 177.091, Florida Statutes and shall be clearly and legibly drawn in black
permanent drawing ink. The Final Subdivision Plat shall be drawn on eighteen 18) by twenty
six (26 inch Mylar or as required for recording in the Official Records of Duval County The
Final Subdivision Plat maybe on several sheets, and each sheet shall contain an index delineating
that portion of the Subdivision shown on that sheet in relation to the entire Subdivision. The
Final Subdivision Plat shall be at the same scale and in the same format as the Preliminary Plat.
The Final Subdivision Plat shall contain sufficient data to readily determine and accurately locate
on the ground the location, bearing and length of every Right-of--way line, Lot Line, Easement
boundary line and black line, including the radii, arcs and central angles of all curves. In addition,
the following shall be included in the submission.
i. Boundary Survey and Title Certification as required by Florida Statutes, Chapter 177.041.
ii. Name of new Subdivisions and Replats. As required by Florida Statutes, Chapter 177.051,
every new Final Subdivision Plat, and any section, unit or phase therein, as well as any Replat
of a previously recorded Final Subdivision Plat, shall be given a name by which the
Subdivision shall be legally known.
iii. Every Final Subdivision Plat shall be prepared, signed and sealed by a registered land
surveyor as required by Florida Statutes, Chapter 177.061.
iv. Dedication of Improvements. All public Improvements or property designated for public
purpose on any Final Subdivision Plat, including but not limited to, all Streets, alleys,
Easements, Right-of--ways, parks, recreation amenities, Open Space, Buffers and protected
areas shall be expressly dedicated on the face of the Final Subdivision Plat. In addition, the
Final Subdivision Plat shall contain a statement of dedication to the City, other appropriate
government units or public utilities for all water lines, sewer lines, pumping stations,
electrical power lines, cable television lines, gas lines and any other public utility service
lines and appurtenances located within the tract prior to recording.
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AGENDA ITEM #8D
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v. Any special conditions, including Building Restriction Lines that may exceed the Zoning
District Minimum Yard Requirements, or other unique requirements shall be noted on the
Final Subdivision Plat.
vi. If required, assurance for the performance of construction, completion, maintenance and
warranty of all Improvements shall be submitted as set forth within Division 4 of this Article.
(3) Approval or denial by City Commission. Upon receipt of all required information, the
Community Development Director shall, within thirty (30~ys_schedule the Final Subdivision
Plat for public hearing before the City Commission. The Community Development Director shall
forward all relevant information to the City Commission for its consideration. The City
Commission, after considering all comments shall approve, deny or approve subject to specified
conditions the Final Plat for recording, based upon compliance with the required certifications
and security requirements and with the other requirements and provisions of this Article and other
applicable policies, ordinances, laws and regulations.
If substantial changes to Lot, block or Street layout or Lot sizes occur at any time after the
consideration by the Community Development Board, another review by that board shall be
conducted prior to submittal of the Final Subdivision Plat to the City Commission for final action,
Signing, recording, and acceptance. Upon approval by the City Commission, said Final
Subdivision Plat shall be signed by the Mayor and shall then be entitled to be recorded under the
applicable provisions of Chapter 177, Florida Statutes. Acceptance of the Final Subdivision Plat
shall be deemed provisional acceptance by the City of said public Improvements and other public
areas dedicated to the City. -Final acceptance of all public Improvements shall occur upon the
submission to the City Commission of a valid Certificate of Completion as provided for in
Section 24-235 of this Chapter. The acceptance of dedications for public purpose shall be affixed
to the face of the Plat. Four 4) copies of the recorded Final Subdivision Plat shall be provided to
the Ci
Sec. 24-206. Construction Plans and Building Permits.
(a) Intent. An Applicant shall obtain a single Building Permit for the construction of all infrastructure
Improvements included within the Final Subdivision Plat. The Applicant shall not submit
Construction Plans for Subdivision Improvements, as required by this Article, until the Final
Subdivision Plat is approved and recorded, or before any required Performance Bonds or other
assurances are secured. The Construction Plans shall provide security required for the performance of
such construction. Once the Improvements are completed, a Certificate of Completion shall be
issued, and a Maintenance Bond shall be submitted, as required by this Article.
(b) Required submittals. The Applicant requesting a Building Permit under the above procedures shall
submit to the Building Department four (4~ sets of Construction Plans designed in accordance with
the requirements of this Article for the construction of roads, sidewalks, bikeways, drainage and
stormwater management facilities, utilities, Lot filling and other Improvements as required by this
Article, including a master drainage map and subsoil investigation report. All Construction Plans
shall be designed, signed and sealed by a professional engineer who is registered in the state of
Florida. Appropriate reviewing Departments shall review Construction Plans for conformity with the
design of the approved Final Subdivision Plat, the construction specification requirements of this
Article and any other applicable State, Federal and local Land Development Regulations. Permits
from any other State or Federal jurisdiction having_permitting authority shall be obtained by the
Developer and provided to the City,prior to issuance of a Building Permit.
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(c) Sewer and water commitment. The Applicant shall provide to the Utility Director written
confirmation that the utility has approved the plans for the sewer and/or water system in the
Subdivision.
(d) Certification of Permanent Reference Marker location. Prior to the issuance of a Building Permit, the
Applicant shall submit to the designated Administrative Official a certificate from a professional Land
surveyor registered in the State of Florida that a concrete Permanent Reference Marker has been
located in the public Right-of--way at a comer point of the Subdivision near the entrance way of the
proposed Subdivision. The Permanent Reference Marker shall be identified on the Final Subdivision
Plat as the master survey point for the Subdivision and shall be used to establish the grade level for all
Improvements in the Subdivision.
(f) Issuance of a Building Permit. After approval by appropriate reviewing Departments, the Building
Official shall issue a Building Permit for the construction of the required Improvements in accordance
with the approved Construction Plans, the Final Subdivision Plat and the requirements of this Article.
The Building Permit shall be posted by the Developer in a conspicuous place in the open at the
construction site.
(~) Term and expiration of Building Permit A Building Permit issued. in accordance with this Section
shall be void and expired if construction does not commence within one hundred and eighty (180)
days of issuance of said Building Permit Upon written request to the City Commission, and upon
finding that the Developer has demonstrated good cause the Commission may authorize the Building
Official to extend the Building Permit for a defined period of time.
(h) Unlawful to construct without a Building Permit. It shall be unlawful for any person to construct any
Improvement or any part of an Improvement within the Lands that are part of a Subdivision or a Site
Plan without a valid, unexpired Building Permit issued under the provisions of this Article. Any
person found guilty of violating this section by constructing an Improvement or any part of an
Improvement within the Subdivision without a valid Building Permit shall be guilty of a
misdemeanor punishable by a fine not to exceed five hundred dollars ($500) per day, or imprisonment
for a term of not more than sixty (60) days, or by both fine and imprisonment. Each and every day
that a violation exists shall constitute a separate offense.
Secs. 24-207. through 24-220. Reserved.
DIVISION 3.. REQUIRED IMPROVEMENTS
Sec. 24-221. Generally.
Each Subdivision shall contain Improvements designed and constructed according to the requirements
and specifications of this Article, the Comprehensive Plan, and applicable policies, regulations and
ordinances of the City and laws of the State of Florida. The following services and facilities shall be
required Improvements within Subdivisions.
(a) Streets designed and constructed for according to the standards and requirements of this Article.
(b) Sidewalks designed and constructed according to the standards and requirements of this Article.
(c) Approved Street signs with block or address range numbers as provided for in Chapter 6 of this Code,
markers, traffic signs and signals to control and circulate traffic within the Street pattern within the
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Subdivision in accordance with the Florida Uniform Manual of Traffic Control Devices, published by
the Florida Department of Transportation.
(d) Drainage and stormwater management facilities designed and constructed according to the standards
and requirements of this Article. The term "drainage," where appropriate, shall include, but not be
limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention
basins, cross drains and canals.
(e) A sanitary sewer system or an approved individual sewage disposal system in the absence of access to
a central sewerage system, based on the requirements of the State of Florida covering the sanitary
facilities for Subdivisions, the provisions of this Article or other applicable policies, laws, ordinances
and regulations. (See Section 24-260.)
(fl A centralized water system, unless an individual water supply system is permitted, based upon the
required standards of the State of Florida, the provisions of this Article and other applicable olicies,
laws, ordinances and regulations.
(g) Parks and recreation dedication, as specified in this Article.
(h) Electricity, telephone, gas and other utilities shall be constructed underground as specified in this
Article and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic
circulation.
(i) Such other Improvements as deemed necessary to comply with the requirements of this Article and to
protect the public health, safety and welfare because of topography or other conditions of the tract.
Sec. 24-222. Planned Unit Developments (PUDs).
For Development of a Lands as a Planned Unit Development (PUD) in accordance with the provisions of
Article III, Division 6 of this Chapter, the City Commission shall have the right to waive or vary the
design, dedication and construction requirements of a Planned Unit Development, or from any of the
provisions of this Article if the proposed fmal development plan is in conformance with the requirements
of Division 6 and further provided:
(a) Such waiver does not violate the purpose and intent of any requirement of this Article for the
protection of the public health, safety and welfare in the subdivision of Land;
(b) All procedures specified in this Article for the approval of a Final Subdivision Plat for recording or
the issuance of a Certificate of Completion, as the case may be, are strictly adhered to; and
(c) All exhibits, certificates and information, required in this Article for the approval of a preliminary and
Final Subdivision Plat and the issuance of a Certificate of Completion, are strictly adhered to under
the applicable procedure.
(d) No waiver shall be granted to vary minimum Right-of--way and paving width requirements.
Secs. 24-223. through 24-230. Reserved.
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DIVISION 4. ASSURANCE FOR COMPLETION AND
MAINTENANCE OF IlVIPROVEMENTS
Sec. 24-231. Commencement of construction.
Construction of the required Improvements within a Subdivision may begin upon issuance of a Building
Permit. Further, such construction may commence only after recording of the Final Subdivision Plat, and
only after any required Performance Bonds or other assurances are secured.
Sec. 24-232. Performance security.
(a) The Final Subdivision Plat shall be certified by the developer and countersigned by the designated
Administrative Official that the developer has complied with one of the following alternatives.
(1) Cash Deposit. The developer shall deposit with the City or place in an account subject to the
control of the City, cash in the full amount of the total sum of engineering and construction costs
for the installation and completion of the required Improvements. The developer shall be entitled
to secure draws from such deposits or account as installation progresses at stages of construction
established by the designated Administrative Official but not more frequently than monthly. A
draw from the cash deposit or account shall be made only within thirty (30) days after the
developer's engineer has certified to the City that the cost of .Improvements installed equals or
exceeds the amount of the draw requested plus any previous draws made and the designated
Administrative Official has inspected the Improvement and authorized the draw. -The City
Commission shall have the right to reduce the amount of any requested draw to an amount
justified based upon his inspection of the Improvements and shall also have the right to refuse to
approve any requested draw so long as the developer fails to be in compliance with any of the
terms and conditions of the Plat or plans and specifications for the Improvements. The developer
shall be entitled to receive any interest earned on the deposit or account. The City, after sixty (60)
day's written notice to the developer, shall have the right to use the cash deposit or account for the
completion of the Improvements in the event of default by the developer or failure of the
developer to complete the Improvements within the time required by the resolution approving the
Final Subdivision Plat and after any extensions granted have expired.
(2) Personal Bond with Letter of Credit. The developer shall furnish to the City his personal bond
secured by an unconditional and irrevocable letter of credit in an amount equal to the total of
engineering -and construction costs for the installation and completion of the required
Improvements, which letter of credit shall be issued by a State or United States banking
institution to the City. The letter of credit shall be in the form approved by the City Attorney.
During the process of construction, the City Commission may reduce the dollar amount of the
personal bond and letter of credit on the basis of work completed. The City, after sixty (60) day
written notice to the developer, shall have the right to use any funds resulting from drafts on the
letter of credit for the completion of the Improvements in the event of default by the developer or
failure of the developer to complete such Improvements within the time required by the resolution
approving the Final Subdivision Plat or and after any extensions granted have expired.
(3) Surety Bond. The developer shall furnish to the City a Surety Bond in the form and by a surety
approved by the City Attorney guaranteeing that within the time required by the resolution
approving the Final Subdivision Plat, all work required shall be completed in full accordance with
the Final Subdivision Plat and all conditions attached thereto, copies of which shall be attached to
and constitute a part of the bond agreement. The bond shall be in an amount equal to one hundred
(100) percent of the sum of engineering and construction costs. During the process of
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construction, the designated Administrative Official may reduce the dollar amount of the bond on
the basis of work completed. The City, after sixty (60) day's written notice to the developer, shall
have the right to bring action or suit on the surety bond for the completion of the Improvements in
the event of default by the developer or failure of the developer to complete such Improvements
within the time required by the resolution approving the Final Subdivision Plat and after any
extensions granted have expired.
(b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above
one (1) or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have
a maturity or expiration date later than the established time for completion of Improvements. The
time for,completion of Improvements shall be as specified within the resolution approving the Plat, or
such later time as may be approved by the City Commission; provided, that if the collateral securing
the completion of Improvements has a maturity or expiration date shorter than the time for
completion, the time for completion shall be deemed to expire upon failure of the developer to
extend, renew or provide substitute collateral for such collateral at least ten (10) days before the
maturity or expiration date, unless a later time is approved by the City Commission.
Sec. 24-233. Maintenance security.
Where the City is requested to accept maintenance of any public Improvement within the Subdivision, a
Maintenance Bond in the amount of one hundred (100) percent of the construction cost of the
Improvements shall be filed with the City. Such Bond shall provide that the City shall be indemnified if
the Developer does not replace or repair any public Improvements, which are defective in materials or
workmanship or which were not constructed in compliance with the approved Construction Plans. The
terms of the Maintenance Bond shall expire one year after acceptance for maintenance by the City unless
the City serves written notice to the Developer that the Improvements are defective in material or
workmanship or were not constructed in compliance with the approved Construction Plans within the one
year.
Sec. 24-234. Inspections.
(a) As Improvements are being constructed within the Subdivision, the Building Official and authorized
staff or consulting engineer shall have the right to inspect Improvements. The Building Official or
.authorized representative shall be specifically notified of the commencement and completion of al of
the following.
(1) Clearing and grubbing.
(2) All utilities prior to backfilling.
(3) All concrete Structures when steel is in place prior to pouring.
(4) Stabilized sub-grade.
(5) Curb and concrete work..
(6) Roadway base.
(7) Wearing surface during application.
(b) The failure to notify the Building Official of the commencement and completion of the construction
may be good cause for the refusal to issue a Certificate of Completion.
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Sec. 24-235. Issuance of Certificate of Completion.
AGENDA ITEM #8D
APRIL 14, 2003
Upon completion of construction of all required Improvements, the Developer shall provide the Building
Official the following.
(a) A letter stipulating that the construction of the Improvements has been completed and requesting final
inspection and approval.
(b) The testing reports and certificates of compliance from material suppliers specified in this Article.
(c) Three (3) sets of as-built Construction Plans.
(d) Certification from a registered engineer, with his seal affixed, that the Improvements have been
constructed in conformity with the approved Construction Plans.
Upon receipt and review of the above items, and after satisfactory final inspection, a Certificate of
Completion shall be issued by the Building Official.
Secs. 24-236. through 24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
All required Improvements shall be designed by a Florida registered professional engineer. Construction
Plans shall be prepared in accordance with applicable local, State and Federal standards. Construction
Plans shall be approved by the Citesprior to construction of Improvements and issuance of a Building
Permit shall constitute approval to commence with Development. The requirements within this Division
shall apply to all Improvements and all Development as set forth herein, including Improvements within
Subdivisions Planned Unit Developments approved Site Plans and any other Development Projects,
including individual Lots and Parcels where applicable. Construction Plans shall address each of the
following requirements and shall provide sufficient information to demonstrate compliance with all
applicable requirements of these Land Development Regulations, the Florida Building Code and any
other applicable State or Federal regulations.
(a) Conformity to City policies. The division and Development of Land subject to these regulations shall
be in conformance with the goals, objectives and policies of the Comprehensive Plan as well as all
other applicable local State and Federal requirements regulating the division and Development of
Land.
Use of natural features. The arrangement of Lots and blocks and the Street system shall make the
most advantageous use of topography, shall preserve mature trees, other natural features and
Environmentally Sensitive Lands, wherever possible.
(c) Soil and flood hazards. A Final Subdivision Plat shall not be approved unless all Land intended for
use as Building sites can be safely and reasonably used for Building purposes without danger from
flood or other inundation or from soil or foundation conditions or from any other menace to health,
safety or public welfare. In particular, Lands that are within the one hundred (100) year flood-prone
areas, as designated by the Federal Emergency Management Agency, Federal Insurance
Administration, shall not be subdivided and developed until proper provisions are made for protective
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flood control measures and stormwater management facilities necessary for flood-free access to the
sites. All Lots and Building sites shall be developed such that Habitable Space is constructed at a
minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea Level. Flood
protection provisions shall be approved by the designated Administrative Official to assure that fill or
grade level changes will not alter the natural drainage or adversely affect other areas downstream
through added runoff or adverse impacts to water quality.
(d) General construction methods. All design and construction methods shall conform to the
requirements of these Land Development Regulations and all design and construction standards
referenced therein; including, but not limited to: Florida Department of Transportation Drainage
Design Manual, Standard Specifications for Road and Bridge Construction, Manual. of Uniform
Minimum Standards for Design, Construction and Maintenance of Streets and Highways.
(e) Paving and drainage en ing eering_ plans which demonstrate compliance with the stormwater
management provisions of Section 24-67 of these Land Development Regulations depicting all
necessary elevations treatment of intersections design grade of pavement, the width of right-of--way,
width and type of pavement Topographic information depicting existing and proposed ditches,
swales major drainage channels and other drainage facilities and systems shall also be provided.
(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs,
swales, canals, shoulders, slopes, drainage structures and other items of major construction.
(2) Profile sheets of all streets and underground structures to be constructed, together with elevations
shown for existing streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared by a Florida
licensed geotechnical engineer based on field testing of existing soils. Said design
recommendation shall be submitted prior to the commencement of any Street construction or any
construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control bamers as may be
required to prevent erosion and displacement of soil or sand shall be shown on paving and
drainage en ing eeringplans and shall be installed prior to the commencement of any land clearing
or Development.
Sec. 24-252. Streets.
(a) Concept and principles. The character, width, grade and location of all Streets and bridges shall
conform to the standards of this Division and shall be considered in their relation to existing and
planned Streets, to topographical conditions, to public convenience and safety, and in their
appropriate relation to the proposed uses of the Land served by the Streets.
(b) Arrangement of Streets. The arrangement of new Streets within a Subdivision or new Development
project shall:
(1) Conform with the Traffic Circulation Element of the Comprehensive Plan.
(2) Be interconnected with the existing Street system so as to provide for vehicular connections
between and through neighborhoods.
(3) New Local Streets shall be designed in a manner, which discourages use by through traffic.
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AGENDA ITEM #8D
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(c) Access to paved lie Streets required. Every ot, Develop_ment Parcel or new
Subdivision shall haves access to a paved Street dedicated to
public Use, which has been accepted and maintained by the
City. It shall be the responsibility of the
developer to design construct and pave and Streets in accordance with the requirements ~ee~ea~ly
.of Division 5 of this Article. A Certificate of
Completion shall be issued prior to acceptance of any public street by the City and prior to the
issuance of any Building Permit to develop individual Lots or Parcels.
~1) An~Subdivision of Land which creates more than ten (10) residential Lots shall provide two (2)
separate accesspoints which shall be established by access right-of--ways. Required secondary
access shall be established by permanent Easements only where no reasonable opportunity to
create the secondaryaccess by Right-of--way exists. In the case where such permanent Easement
must be used to provide secondary access ~.no obstruction to said Easement shall be permitted,
including but not limited to an~Structure landscaping or trees, Sign, fence or wall.
(2) New Subdivisions which utilize private securitygates or other types of restricted access, shall
provide a universal emergency access system at each entrance.
(d) Private Streets providing access to individual Lots shall be constructed and maintained in accordance
with Division 5 of this Article Provision for the continued private maintenance of any private Street
shall be provided to the Citesprior to issuance of any Building Permit.
~) Where the impact of new Development can be demonstrated to reduce any transportation related Level
of Service Standard as established by the adopted Comprehensive Plan, additional Right-of--way may
be required by the City to maintain adequate roadway capacity public safety or to ensure adequate
access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public Streets shall be
prohibited except where irrevocable control of such reserve strips is placed with the City.
(g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right
angles, and no Street shall intersect any other Street at less than a sixty (60) degree angle. Off-set
intersections which may be created by new Streets, shall be prohibited except where removal or
damage to any Private Protected Tree or Public Protected Tree may be avoided by such off-set
intersection.
(h) Property lines rounded at intersections. Property lines at Street intersections shall be rounded with a
radius of twenty (20) feet or a greater radius where required by the City. The City may permit
comparable cutoffs or chords in place of rounded corners.
(i) Minimum Right-of--way and paving widths. Minimum Street Right-of--way and paving widths shall
be as follows, unless otherwise indicated or required by law:
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STREET TYPE
Major Collector Street
Minor Collector Street
Local Street: Without curb and gutter
Local Street: With curb and gutter
Cul-de-sacs and loop Streets not exceeding
1500 feet in length: Without curb and gutter
With curb and gutter
Alley: Commercial
Alley: Residential
AGENDA ITEM #8D
APRIL 14, 2003
RIGHT-OF--WAY PAVING WIDTH
84 feet 3428 feet
60 feet 24 feet
60 feet 20 feet
50 feet 24 feet
60 feet* 20 feet*
50 feet* 20 feet*
30 feet 12 feet
20 feet 10 feet
* Required for linear portion. of cul-de-sacs and loop Streets. See following paragraph (i) for
dimension of turn-arounds.
(j) Dead-end Streets. Dead-end Streets, designed to be so permanently, shall be prohibited except when
designed as cul-de-sacs. These Streets are limited to one thousand (1,000) feet in length; however, the
City may approve cul-de-sacs of greater lengths, where due to topographic conditions, design
consideration, or number of Lots to be located on the same, a greater length may be deemed
necessary. A circular turnaround shall be provided at the terminus of the cul-de-sac. The circular area
shall contain right-of--way with a diameter of not less than sevent -f~75) 9}feet as
measured from adjoining property lines. The diameter of the paved area shall be not less that sixty
feet as measure from edge of curb. The City may authorize a "T" design of proper size for vehicular
turnaround as required by the Director of Public Works. Temporary turnarounds shall be provided at
the end of Streets, which are planned to be extended in the later stages of the Development.
(k) Street names and house numbers. Street names shall conform to any established Street naming plan
of the City. New Street names shall not duplicate, or closely approximate phonetically, in spelling or
by Use of alternate suffixes such as "Lane", "Way", "Drive", "Court", "Avenue" or "Street", the names
of existing Streets, except that a new Street that is an extension of or in alignment with an existing
Street shall bear the same name as that borne by the existing Street. The Building Official shall,
within ten (10) days of conditional approval of the preliminary Plat, assign or cause assignment of
address numbers for all Lots. The assignment of the address shall be determined by the Building
Official
(1) Shared driveways. The use of shared private driveways shall be permitted subject to provision of a
shared access easement or other legally binding agreement between all parties using such access. A
copy of the recorded easement or agreement shall be provided to the City prior to issuance of a
Building Permit.
Sec. 24-253. Easements.
(a) Utilities. Easements across Lots or centered on rear or side Lot lines shall be provided for utilities
where necessary, and shall be at least fifteen (15) feet wide and shall extend from Street to Street.
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(b) Drainage and watercourses. Where a Development is traversed by a watercourse, canal, drainage
way, non-navigable channel or stream, there shall be provided a stormwater Easement or drainage
Right-of--way conforming substantially with the lines of the watercourse, and such further width as
will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of
the intended volume of water.
(c) Other drainage Easements. Other Easements may be required for drainage purposes of such size and
location as maybe determined by the designated Administrative Official.
(d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and
service Easements or Right-of--ways may be provided.
(e) No City expense. Easements required by these Land Development Regulations within proposed
Developments shall be provided at no expense to the City.
(fl The abandonment or vacation of beach access Easements shall be prohibited.
Sec. 24-254. Blocks.
(a) General. The lengths, widths and shapes of blocks shall be determined with due regard to:
(1) Provision of adequate Building sites suitable to the special needs of the Use contemplated.
(2) Zoning District requirements as to Lot sizes and dimensions.
(3) Needs for convenience access, circulation, control and safety of Street and pedestrian traffic and
fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting
Streets, except that the City Commission may approve blocks of greater length.
Sec. 24-255. 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 have a width of less than seventy-five (75) feet 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 Development.
(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.
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AGENDA ITEM #8D
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(d) Street access. All Lots shall be provided with satisfactory and permanent access to a paved public
Street. No new Lot shall be created, which prohibits established access or reasonable access to an
Abutting ProQerty.
(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. Provision for required recreation. New Subdivisions containing ten (10) or more acres
shall be required to provide a minimum of one acre dedicated for recreation purposes. A minimum of
fifty (50) percent of Lands required for recreation shall contain active recreation facilities such as ball-
fields ormulti-purpose fields, tennis courts, skateboard facilities, swimming pools and the like.
Sec. 24-257. Required Monumentation.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in Streets,
and at intermediate points as shall be required by the designated 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 may-be specified by the designated Administrative Official.
(d) Lot comers. Lot corners shall be monumented with iron pipes, iron pins or Permanent Reference
Monuments.
(e) Time of placement. Permanent Reference Monuments (PRM) and Permanent Control Points (PCP)
shall be set in accordance with Florida Statutes, Chapter 177.091, except all monuments including Lot
comers must be placed before the developer is released from his surety. If no surety bond or personal
bond secured by a letter of credit is posted, monuments including Lot corners must be placed prior to
acceptance for ownership and maintenance. Any and all Land monuments including Lot comers
disturbed or destroyed in the prosecution of construction shall be accurately witnessed and replaced at
the developer's expense upon the completion of construction. The designated Administrative Official
may accept a certification from the developer's surveyor that the requirements of this Division have
been satisfied.
Sec. 24-258. Clearing and Grading of Right-of-ways..
The developer shall be required to clear all Rights-of--way and to make all grades, including all grades for
Streets, alleys and drainage, consistent to grades of the approved Construction Plans. All debris shall be
removed from rights-of--way. In the interest of the preservation of existing Protected Trees, or
Environmentally Sensitive Areas, or other natural features, the City may vary from this Section where
aesthetic and environmental conditions will be enhanced. No Right-of--ways shall be cleared prior to
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AGENDA ITEM #8D
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approval of Construction Plans, and issuance of a site clearing and tree removal or relocation permit as
required by Chapter 23 of the Code of Ordinances.
Sec. 24-259. Centralized Sewer and Water Services.
(a) New Subdivisions shall be required to provide centralized water and sanitary sewer systems.
(b) The use of private wells and septic tanks shall be in accordance with the requirements of Chapter 64E-
6, Florida Administrative Code. New septic tanks shall further be subject to the provisions of
following Section 24-260.
Sec. 24-260. Installation of septic tanks, private wastewater, and on-site sewage treatment and
disposal s, stems.
~a) New Lots or Parcels, which are created pursuant to the exemptions from the requirement for approval
and recordine of a Final Subdivision Plat or Replat as set forth within Section. 24-189, shall contain a
Minimum Lot Area of one (1) acre, exclusive of Wetlands, in order to use private wastewater Systems
and Septic Tanks, or any type of on-site sewage treatment and disposal systems except that any Lot
within one-hundred (100) feet of any central sewer line shall be required to connect to central
services as reauired by Chapter 22, Article III of this Code of Ordinances without respect to size of
the Lot or Parcel.
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AGENDA ITEM #8D
DRAFT -Minutes of Community Development Board March L8, APRIL 14, 203
Page 3
Discussion was held with regard to placement of the garage. Ms. Mears stated that she
did not think it would be advantageous to the neighborhood to build the garage toward
Beach Avenue.
Ms. Doerr suggested that sometimes the Board may wish to acknowledge historical
development patterns. She stated that this was not a common situation, but that there are
corner lots scattered throughout the City where these lots have developed with the front
of the house facing the longer side of the lot. She further stated that with this lot, it was
probably preferable to have a 20-foot setback rather than aseven-and-a-half foot setback
on the west side of the property.
A motion was made by Mr. Grunewald, seconded by Mr. Jenkins, and unanimously
carried to approve the variance request designating Beach Avenue the front yard,
subject to Staff s recommendation that all required setbacks (based upon Beach
Avenue as the front) and impervious surface area limit be maintained with the
proposed development.
4. Old Business
b. Continued review of proposed changes to Chapter 24, Article IV, Subdivision
Regulations. The Board conducted apage-by-page review and discussion of all
proposed changes to Chapter 24, Article 1V, Subdivision Regulations, and suggested
several minor revisions, requesting that staff incorporate these into the draft to be
forwarded to the City Commission. Staff confirmed that these revisions would be
included.
A motion was made by Mr. Frohwein, seconded by Mr. Grunewald, and
unanimously carried to recommend approval to the City Commission of proposed
amendments to Chapter 24, Article IV, Subdivision Regulations, with those
revisions as discussed.
6. Other Business Not Requiring Action.
a. Request from Board Member Steve Jenkins to discuss Community Development
Board representation. Discussion was held with regard to the Board's representation at
City Commission meetings. Ms. Doerr advised that if an appointed member of the
Community Development Board speaks to the City Commission, they should divulge if
they are making the comment as an individual or if they are carrying forward a motion or
recommendation or other formal action of the Board.
7. Adjournment
There being no further business, the meeting adjourned at 9:15 p.m.
SIGNED
ATTEST