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LAND DEVELOPMENT CODE TEXT CHANGES PERTAINING TO LOT SPLITS AND MINOR SUBDIVISIONS (B)
Ordinance No. 090098; Petition PB-09-40 TCH
An ordinance of the City of Gainesville, Florida, relating to minor subdivisions and lot splits, amending the Land Development Code by revising definitions in section 30-23, by revising requirements for lot splits and minor subdivisions in section 30-189, by revising the requirements for approved private streets in section 30-388; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This petition and ordinance address a referral from the City Commission concerning the ability of the current minor subdivision and lot split processes to address the needs of the public to divide property, particularly when the property does not have frontage on a public right-of-way or is not currently served by public water and sewer.
Staff proposed three options to the City Plan Board on April 23, 2009. The Plan Board voted to forward a recommendation of approval to the City Commission that includes the following:
Lot Splits:
- allow an adjustment of the property boundary
- allow a transfer of property to an adjacent lot where there will be no
increase in the number of lots
- require recording and public notice of petitions for lot splits
- require a minimum of a 12 foot wide surface access
- allow all lots created prior to 1992, to be considered as legitimate
lots, if they meet the minimum lot size for the zoning district it is
located
- any lot that is being developed must have the ability to provide water,
sewer, fire and solid waste services
- provide an alternative of allowing a lot split without sewer services
on a lot with a minimum size of one acre, where a septic tank is
allowed by the Health Department
Minor Subdivision:
- allowed on an existing easement or private street that qualifies as an approved private street
- require public notice with the Property Appraiser's office
- allowed on a new private street with a maximum of five lots, with the provision of a sidewalk, trail or walkway.
After the April 23, 2009 hearing and prior to submitting the petition to the City Commission, staff discovered the need to address issues related to GRU, Public Works, Fire Safety and administrative processing. As more than 6 months elapsed before action by the City Commission, the 2009 petition was deemed denied without prejudice per Sec. 30-347.8 of the City's Land Development Code. On February 24, 2011, City Staff re-initiated the petition to the City Plan Board. The City Plan Board reheard and approved the amended petition, by a vote of 7-0.
The amended petition addresses the following:
1. The basic submittal requirements for Minor Subdivisions.
2. Design and placement of water and sewer services in a Minor
Subdivision, and allowance for connection to be made at time lots are
developed.
3. Requirements for frontage on a public street or approved private
street.
4. Connectivity and minimum block size for minor subdivisions.
5. Modifications to the requirements associated with existing and new
approved private streets for minor subdivisions.
6. The basic submittal requirements for lot splits.
7. Requirements for water, sewer, fire and solid waste services to serve
lot splits.
8. Creation of a new lot line adjustment process.
CITY ATTORNEY MEMORANDUM
Should this ordinance pass on first reading, second and final reading will be held on Thursday, September 1, 2011.