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1665 Park Terrace West LETTER 02.03.2006 (Hamil) CITY OF ATLANTIC BEACH 1 '2e 4. BUILDING AND PLANNING ti 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE: (904)247-5800 FAX:(904)247-5845 http://ci.atlantic-beach.fl.us January 03, 2006 ppF: P Robert Hamil 160 11th Street Atlantic Beach, Florida 32233 I Re: Division of Lots 13 and 14,Block 12 within Selva Marina, Unit 7 Dear Mr. Hamil: On December 8th, you submitted a zoning review request related to the division of the two above referenced lots into three (3) lots. Your attached correspondence also accompanies this letter. Lot 13 and Lot 14 exist as platted Lots of Record, and may be redeveloped as two individual lots subject to the provisions of enclosed Section 24-190. Division of your two lots into three (3) lots, however, would require approval of a subdivision replat in accordance with the City's Subdivision regulations and the application procedures set forth within the City Code. This procedure has been established for many years, and there have been no changes to the City's Land Development Regulations within recent years that would have granted approval of a lot division that created more than two lots, except through the replat process. The exemption from the replat process, as set forth within enclosed Section 24-189, is limited only to divisions that result in no more than two contiguous lots. Sec. 24-187. Subdivision and Subdivision Improvements defined. (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. As of today's date, the City has received no application from you seeking to replat your property in accordance with long-effective regulations, and as I believe you are aware, Resolution Number 05-14 was adopted by the City Commission on December 12, 2005 imposing a moratorium on the division of land. I have enclosed a copy of Resolution Number 05-14. Please feel free to call me at 247-5826 if you wish to further discuss. Sincerely, �d-eK,y'e4. Sonya Doerr,AICP Community Development Director Enclosures -4 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 finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of 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 by 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. Initial Effective Date: January 01,2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 —* 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. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted 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 along with any application for Building Permits. (b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Initial Effective Date: January 01, 2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 • RESOLUTION NO. 05-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON DIVISIONS OF LAND, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there currently exist procedures in Chapter 24 of the Atlantic Beach Code of Ordinances for the division of land administratively if only two (2) lots result from such division, or through approval by the City Commission if more than two (2) lots result from such division, and WHEREAS, there is widespread interest in the City of Atlantic Beach, among both elected officials and residents, in maintaining the existing residential character of Atlantic Beach, including the unique character of different neighborhoods within the City, some of said neighborhoods having larger lot sizes than other neighborhoods as part of their unique character, and WHEREAS, there is concern because of some recent divisions of land in Atlantic Beach that further divisions of land may occur before the City is able to determine what is in the best interests of the public health, safety and welfare, especially in regard to maintaining the character of the City and the unique neighborhoods located therein, and WHEREAS, the City has been working with Winter & Company on community character workshops and public meetings which have been well attended and at which concerns have been expressed regarding preserving residential character in Atlantic Beach and in its unique neighborhoods, and WHEREAS, the City Commission has directed City staff to investigate possible changes to existing procedures for divisions of land and/or possible changes to existing zoning classifications in an effort to protect the public's interest in preserving the residential character of Atlantic Beach, and especially the unique character of different neighborhoods in the City, and WHEREAS, until a final determination can be made regarding any changes to divisions of land procedures and/or zoning classification changes, it is in the best interests of the City of Atlantic Beach and its residents and property owners to temporarily halt any further divisions of land, which the City Commission determines to be for the public health, safety and welfare of all residents of the City. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION I.A moratorium is hereby imposed on quasi-judicial or legislative/administrative approval of divisions of land in the City of Atlantic Beach. SECTION 2. This moratorium shall continue in effect until new legislation is passed which changes the procedures for divisions of land or changes existing zoning classifications, or until rescinded by the City Commission upon a determination that the public need for such moratorium no longer exists. • SECTION 3. The City shall take whatever further action may be necessary in order to implement the terms hereof. SECTION 4. This moratorium shall not apply to any divisions of land which have been requested in writing on the appropriate City forms and submitted to the City prior to the effective date of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this ! day of Deee1flbr, 2005. ST: caxo Donna L. Bussey, City Cl- Donald M. Wolfson,Mayor Approved as to form and correctness: / /ALAN . SEN,ESQUIRE City Ai' t ey ZONING REVIEW/REQUEST Date /2 - - 0 3 Property /Cigf.2 K "7";-4, 4-cg Jr— Person Requesting Information 6 4 e=i2 7' /1-k/41/ (-- Information requested j1 E. , E v o f A or s i 3 < N i3 e.K t 2 S 6 4. tilt r/dat,04. Ut{t 7 - obe kat ro SVQ rur0r:. THE ? moo cors To c 5.4-/- Tft,<6F ors - r-s ..0601-1, .a 4e- 8x ,PA © PA,ATr�), vt,of-✓J co Zoning Code Section , Y -/O L/ tJ / I Information Supplied gefE/L E D 70 (try ITO E Y Aid Ea1 Pe-a. r 11 4-sraAv • /2 - Date Information Supplied By: Fax Phone Letter Zoning Personnel IRON---PIPk / NO D. / 1•a9 99 SeSiCI° (li•&-- , 6' 0) LOT i 7 •-to ._s< 4- -, ,, ,P.g.ii 15 (mEAs)(REc) ./(' . •4.•„,---,s2,0, R=--551.49 R=551.49 t.,, 97.4. CB=S13.40'21"W CB=S1317'38"W i / CH=133.32 CH=133.00 • -.:-.,.4....:- :.- - ---__ .,- i .--... CaVIERED'..., i-OZNCRETE:.- 1"."........t . 3:CAFPORT '. cr Nt 07 ril .,-.,:.',•-, 4.-, La ._ .. . _,_:. a.,,,,,,' . 91.5. .1:',.:'-. :•:-...:--,'"..--. LOT li ..•.cc ,..;1.`".:... • -'..,,. 14 :..1,i-1:.--•--i- L,:-- .--...r....!,-.-. .,,,-..-.f.,.1,.,•••..-,,,,4,4• -..--- ....,:.:,•;;:4„----,..I:.'" la i, ;, ;: ::,-...... , 0 Eel ••,1-,,,e,:z:,....;:...,A;,.::$:,:::::- commErE,;; ;1-2,:i' • ' -• -,' DRIVE ...-..,.. -fit)'--- "Q: _ - 4 Fe!'',;_..:-.. .:,..• -.1-1;:r...!"... ti) (ijaA 1 11 ALL FENCES ARE 6WOOD I LO ,.:'?...--, •••±.-: ' ,....". 44.4 j .: , v . in s Yr), IL00, a 11-* CONCRETEPOOL 0 r3/4 OU1 WALK Ii .- :— -- (STEPS DECKING f;; S87 3.15rE E.4 FND IRON PIPE lar IS1 it„. ,i,!(20 0, ir ci NO IDuuuuiiuuuuuii. .11107 ,.. 111::::i r4C0-29125.W 1111::::1 gel lifiii EAS " ,i IRON PIPE • NO ID. ONE STORY STEPPING FRAME 1440 BRICK FACE STONE - PAD RESIDENCE #1655 ., . ., AL..- ,... COVERED a _rnarimuy . paRcH ,-; to cr, w 0 46.1' 484. LOT — 0 13 oe...0/.•,,,C4 r s,m 51 ........ (MEAS)(REC) ga r- R=5.51.49 R=551.49 't521 c...,., 700 Sag 720'23E CB=S0013131E \ ' 4=132.57 CH=133.00 tC,.. ( ?---- , AO .-- --...\ ,..$ FOUND 1/2" IRON PI E0 NO ID. 35 B 58253 B.R.L. 25'VI , . LOT FOUND if s: f 1 50.40 NEAS) IRON PIPES8275156'1 12 NO ID. 150.00 (REC) RELO OA M FEBRUARY 3, 2004 3710It XS NO434-0170 rote f-ao' UTTINC ONLY. TOE PROPERTY 91ENN IIINEON LOTS 13 AND CREW CMER.J.A.C.NM*Wat J.A.c. me x "AS SNOW ON RE FEDERAL 14, BLOCK 12 RELD ROM 110 PAGE 51 NAGELINT IISENC7_T.EN.A.)NATIONAL RAW 0AfA FILe o+-ornunts ICE PROW"R. INSURANCE RATE CLVA MARINA UNIT NO. 7 COORDINATE tte 04-01781:N5 CONNOURY PATEL 1175 0001 0 MIME maw=DISC Na, 2404 241E APRIL 17. NM ACM*ME:04-017110NC ..,1 To the City of Atlantic Beach, Florida I currently own property at 1665 Park Terrace West. The legal description for the property is as follows:Lots 13, and 14, Block 12, Serve Marina Unit 7, Plat Book 34, Page 52 of the Current Public Records of Duval County, Florida. I would like to subdivide the two lots into three lots.And do so in accordance with the current zoning regulations as of December 12,2005. The three lots would all be approximately: 88'x 150' and would be way over the minimum square footage size of 7500 square feet Sincerely: Robert M. Hamil 160 11th Street Atlantic Beach, FL 32233 (,2 /( 2/ / 9Ly IRON P Cr, f " ' MAP SHOWING BOUNDARY SURVEY OF /so719 9 0„,...I LOT LOTS 13 AND 14, BLOCK 12, �.VA MARINA UNIT NO. 7, AS dz 15 RECORDED IN PLAT BOOK 34, PAGE •52, OF THE CURRENT PUBLIC 1 (MEAS)(REC) •• S),e RECORDS OF DUVAL COUNTY, FLORIDA. R=551.49 R=551.49 07.4' /------.---...,....„, I CB=Si 3'40'2132 CB=S1 3'37'3$'W ` : / �'� 4 CER77f7ED 7th: ROBERT HOLIDAY HAMIL Cts=133.32 CH=133.00 ? / ----.7.: ND t/z- PEOPLES 1ST COMMUNITY BANK 1 IRON PIPE COMMONWEALTH LAND 711LE INSURANCE COMPANY 07 W / , _ o- ,ao ID. POyNTE VEDRARICHARD a A7)1L£. LLC PA �r �: r•M,=�.z�•' �.. s LOT .4T,1 ..v. d. ,:...,x7 14 CAN, U ;.;arx . t �,.Y.,.‘,„.V.4:1.4,--t-.yat m—caroms carom IIOIIfiBJY ^ •'a.A" "i ')��....f.i. ,R,'.. 3 C/) O-Woo7ES BdM4M1 Roo 4 mown 1 •C1 • ��''t:' Q X -reams ARE AND p9f A.":MORD , C•e•� S ,� RA? (~j ^X--ONORYFENCE UNE ' r...4 p�,e ^ -� Sti:AIE F � •+'�v+•'�» ALL FENCES ARE 6' WOOD tj�"� DENOTES PROPERTY a TOT m ��?�4j'=s:.r ,MOOD .t0;i p ABYEiUTAOBS NO ID. EPS Off) Q1 ASL-OOW7lS AR DDpLGM[R J 0 DRE s)-O IONS REED NEA.RrE11BNT 1Nc o POOL. - �J—mmorm WORD ONIONTaN PER FEAT . -OEtNOE-..MaesowwE a imc AUBIO BIY IRON t IS I":'�r SB,jy]'51 E PS-DOMES RAT OWN IRON PIPE ` //,'�� L �r- PC-MOTES PAGE al�// +� �� - .: N$ 9'25`HI MO-17010,13 Parva USE M E ON T PROPERTY LAE s �_�s- O'N,J-QOM}8 MAO WE ON RBE,.i'PIrOlJrTV TIER ...,.. t !k3O EAS '-MOWS MICE aOlir T :a:: t .• „ :,FOUND,/2' P.0-DENOTES PONT?ONO IRON PIPE �" P.BC-DOOM PONT /diERVE ORIF 1 ONE STORY ,•'STEPPING NO ID. > P.GG-ODORS PORT DY DEG"QID ti'RIf FRAME AND BRICK FACE STONE LL��:::33 LEI—OiBYD7E!�®9LgiESS RESIDENCE 51685 PADDriNR0lt7nr srT►E,aa uiO uwleR i 476.6. `P aoNVlrs reNaRN N/-DENO,ES OIOIN li • COYER® ® t9-Dtaptt3 ariO 9eAFaie C CRETE s-OBM1IY3 AALMNS PORCH A-O-OTE9 fFTFrnsL AIi7.E a ry) arNOTEs nriExsE Par 0517 AEl4A LR pt A6.1" (> %)-DoroTsa dtpaw,iD O,E1rSOr PkR PIAT g§ Of p� PNr-DETroTEs PANIIBl KALOE AwGE Bawd 9 LOT <o O. - PrP 13 "mow 1 ,T�{ 7. 1, iSA s Sl10YrM•6DIWAS ARiEs ir 7�;�RIE J�EMMOS ANC BARD ON liE M IMENLY TIE OF LOT M ONJIG RE ASSAED T*iBE arc DF S 6aRESr'C AS MR IEC=RAZ.(MEAS)(REC) 3 REAE.MY Bc AXTON&R STRI ROO CP EISOUENTS RUT ARE NOT SNOW Or MSmR=551.49R=551.49MAP TNA?MY BE ALRNO N DE ROA'•Rti,DADSO-RED COLMY Or 61WTC/D BY RAE EZA.REARGN4 7116 SWOT MS PERFORNED }=S00'20'23"E CB=S0013'31'"Egas sae' s aE r,ia'ITT?r=.Nolwr naEnv IBEL?D w Iles 5 C w A�a acsnrnar CH=132.57CH=133.00sem"aA�RT ., a ResSVT+ErODESMOT IEIRECT Or DETnaIE OWNERS..z EIS 9Rie7 9AM(MY BE moss OOII&NNO A,Av LUDEREIIOUW UDU SS, 1 UND1/2' FDOE'RSRbSDPIl°ROff11Bus.IRE9A7E,•dr flASMAP. }. ' N PIPE a R ORBR NDCD.ANY EMPOR1 LE'liE P RCEL'Tx4Z MAY 86 DOWD AS f °� NO ID. IERAAaS sr STATE OR OONETNEETr?AMIDES NUT NOT NEN BETFANIED ANO ANY 35' B.R.L p�� tIABEJ(Y REWIND IILSYR01 AS, r THE RtT1AD�rfry O RE atleRs9rtT1 S8r53 25 FOUND ,E t. os 150•40 WAS) LOT MESS IT DEWS RE S s:NATURE ARO ApBCAE VAL RAISED SEAL AF A FLORIDA LICFNSED SURMEYCR AND MAPPER. THIS DRAMWP NO DP IPE , C) �•2 AIWA ART DR YAP TS FOR INP:RA AAQNAL PURP CML Y. AND IS M), VAT. ' 500sisr5015" O:N7iTCAAi01I new BA)L`n�xuArtr]w0A \ I wanly coin'RU?BE array MS IRON TO RE BEST o'Ri Y PNC PADTTiIC OKI: BE PRQ+ERTY SNOW"MEM SET roar AIN E#L AIN OOEIS RE ORSSIDIOM OL LAIC STANDARDS AS n AN N20F-at78 ki t'-30 3°7 FiSrTN BY AE RLrWA WOO LF 1MO 91r1EYY1R5 N 5763 NMYq Tmu+.Soba 5 MN MAC I BR T Ao T'VZ'�)RE LOTS 13 AND 14, BLOCK IZ "�`D NT.o�P `""s,°k`" CRAFTER a °"' r SECTION Y+sz 'e'aaa2711N-604 �`srA` "O°`u AO�'�T"E ' DN9RAlc FROMAM. Amager MR" RAM DATA FRE, 64_5 : • , JW Cannad CONROOr 20075 000,D SELVA MARINA UNIT NO. 7 c�OIIdNATE RE 04-0170.CRY E �.iir., (A..4, r s _ ? : 701.0 O V ...• . . . ...... AAY7RK ta6Pu en.LIS,S na: 6304 b, J ,,.,.c OM. saalbl memurf •/