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HomeMy WebLinkAboutO-96-30ORDINANCE NO. 0-96-30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE APPROVAL OF THE DMSION OF A SINGLE LOT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WI:IEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to the division of a single lot and providing for a procedure to approve the division of such a lot; and WItEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-16.1.C of the Land Development Code, City o£ Sebastian, Florida is hereby amended to read as follows: C. Division of a single lot, major and minor subdivisions. All future subdivisions of land within the corporate limits of the City of Sebastian shall be classified as being a "division of a single lot", "major subdivision" or "minor subdivision", as defined herein, and shall be subject to the regulations of this code as they apply: Division of a single lot. Any subdivision of a lot or tract in a platted subdivision into two parcels that abut an accepted street right-of-way, does not require any off-site improvements to any roads, drainage system or utilities and conforms to the requirements of Article XVII and Article XVIII of this code. Any tract of land that is subdivided as a division of a single lot can not be further subdivided unless it meets the requirements of a minor or major subdivision. (a) Minor subdivision. Any subdivision of land meeting the following conditions: (1) having four (4) lots or less on an existing street or road; (2) does not require construction of a new street or road; (3) does not require off-site improvements to any roads, drainage system or utilities and is not a division of a single lot subdivision. (b) Any tract of land that is subdivided as a minor subdivision can not be further subdivided unless it meets the requirements of a major subdivision. Major subdivision. Any subdivision not classified as a division of a single lot or a minor subdivision. Section 2. Section 20A-16.2.B. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: B. General responsibility of planning and zoning commission and mandated compliance with comprehensive plan and zoning. Prior to the approval of any proposed minor or major subdivision, the area to be subdivided shall be determined by the city planning and zoning commission to be consistent and in compliance with the comprehensive plan and zoning policy applicable to the land and use under consideration. Section 3. Section 20A-16.5. of the Land Development Code, City of Sebastian, Florida is hereby created to read as follows: Sec. 20A-16.5. Division of a single lot procedures A. Application. Application for a division of a single lot shall be in a form prescribed by the Community Development Director, copies of which may be obtained from the Community Development Department. The fee for application for a division of a single lot shall be determined by resolution by the city council. The application shall contain the following: 1. A legal description and survey of the lot to be divided, 2. A legal description of the two parcels to be created, 3. A legal description and dedication of any easements required pursuant to Sec. 20A-17.2.F. of this code for the new parcels, 4. A unity of title, in a form approved by the city attomey, unifying adjacent parcels and lots if the division of the original lot results in a non-conforming parcel, 5. An application for vacation of easement, if necessary. B. Review procedures. The application for the division of a single lot shall be reviewed by the Community Development Director and City Engineer to ensure conformance with this code, the Comprehensive Plan and the City of Sebastian Code of Ordinances. The division of a single lot may not result in the creation of a non-conforming lot. All lots created by a division of a single lot shall have area, frontage, width and depth required by the zoning district in which said lots are located and shall be reviewed to assure that the lots continue to conform to the requirements of Article XVII and Article XVIII of this code. C. Approval. Upon determination that the request for a division of a single lot is consistent with this code, the Comprehensive Plan and the City of Sebastian Code of Ordinances, the Community Development Director shall approve the application. In the event that a vacation of easement is required, approval of the application shall not occur until the vacation of the easement is approved by the city council. D. Recording. Upon approval of the division of the single lot, the applicant shall record the legal description of the lots created, any unity of title and any dedication of easement with the clerk of the circuit court. Section 4. COI)IFICATiON. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a pan of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABILiTY. If any clause, section, or other pan or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 7. EFFECTIVE BATE. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST /_A / READING, THIS//_~ DAY OF ;,~ ~~ , 1996. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS .~_~DAY OFt c~c~?lt_.,, 1996. The foregoing Ordinance was moved for adoption by ~a,z~..,,p/~: The motion was seconded by ~)A~.z~2~/~ and, upon being put into a vote, the vote was as follows: Councilmember Councilmember Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes ~..~ Councilmember Norma J. Damp ~5¢e~. Councilmember Raymond Halloran ~ ........ Councilmember Richard J. Taracka ~_ ....... The Mayor thereupon declared this Ordinance duly passed and adopted this 7~__ day of ~D~-- , 1996. CITY OF SEBASTIAN, FLORIDA Louise R. Cartwright, Mayor · ' ATTEST:' -' ~' .~2..J Kathy! M. O~qaL~an, CMC/AAE Approved as to Fora ~d Comem: Valerie Settles City Attorney