File #: ORD 2021-007    Name: Transactions Involving the City's Interests in Land
Type: Ordinance Status: Passed
File created: 2/8/2021 In control: City Commission
On agenda: 3/11/2021 Final action: 3/11/2021
Title: AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE I, "ADMINISTRATION, REGULATIONS AND PROCEDURES," DIVISION 3, "IMPLEMENTATION PROCEDURES," BY REPEALING SECTIONS 13-36.1 AND 13-36.2, CONTAINING OUTDATED PROCEDURES FOR TRANSFERRING RIGHTS-OF-WAY AND EASEMENTS TO AND FROM THE CITY, AND ENACTING A NEW SECTION 13-42, "TRANSACTIONS INVOLVING THE CITY'S INTERESTS IN REAL PROPERTY," TO PROVIDE CONSISTENCY WITH THE CITY'S NEWLY AMENDED CHARTER SECTION 310, "ACTION REQUIRING AN ORDINANCE," AND PROVIDE UPDATED PROCEDURES FOR PROPERTY TRANSACTION SITE ASSESSMENTS; AND BY AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE II, "SUBDIVISION REGULATIONS," DIVISION 2, "SUBDIVISION PLAT REQUIREMENTS," SECTION 13-165, "FINAL PLAT SUBMISSION," TO PROVIDE FOR PROPERTY TRANSACTION SITE ASSESSMENTS FOR CERTAIN PROPERTY DEDICATIONS GIVEN BY PLAT; AND BY AMENDING ARTICLE IV, "ENVIRONMENTAL REGULATIONS," BY REPEALING IN ITS ENTIRETY DIVISION 2, "PR...
Indexes: Amendment, Chapter 13, Code of Ordinances, easement, Land Development Code, Ordinance, Real Property
Code sections: 13-36.1 - Vacation and Abandonment of Streets and Easements, 13-36.2 - Procedures for acceptance or conveyance/vacation/abandonment of specific purpose easements, Chapter 13 - Land Development Code, Charter Section 310 - Action Requiring an Ordinance
Attachments: 1. ORDINANCE 2021-007-Ch 13 Amdmt-City's interest in land, 2. EXHIBIT A-Repeal of Secs 13-36.1 and 13-36.pdf, 3. EXHIBIT B-Repeal of Secs 13-110, et al., 4. MINUTES-Draft 2021-0210 PZ Mtg

AGENDA ITEM REPORT

TITLE:

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AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, “LAND DEVELOPMENT CODE,” ARTICLE I, “ADMINISTRATION, REGULATIONS AND PROCEDURES,” DIVISION 3, “IMPLEMENTATION PROCEDURES,” BY REPEALING SECTIONS 13-36.1 AND 13-36.2, CONTAINING OUTDATED PROCEDURES FOR TRANSFERRING RIGHTS-OF-WAY AND EASEMENTS TO AND FROM THE CITY, AND ENACTING A NEW SECTION 13-42, “TRANSACTIONS INVOLVING THE CITY’S INTERESTS IN REAL PROPERTY,” TO PROVIDE CONSISTENCY WITH THE CITY’S NEWLY AMENDED CHARTER SECTION 310, “ACTION REQUIRING AN ORDINANCE,” AND PROVIDE UPDATED PROCEDURES FOR PROPERTY TRANSACTION SITE ASSESSMENTS; AND BY AMENDING CHAPTER 13, “LAND DEVELOPMENT CODE,” ARTICLE II, “SUBDIVISION REGULATIONS,” DIVISION 2, “SUBDIVISION PLAT REQUIREMENTS,” SECTION 13-165, “FINAL PLAT SUBMISSION,” TO PROVIDE FOR PROPERTY TRANSACTION SITE ASSESSMENTS FOR CERTAIN PROPERTY DEDICATIONS GIVEN BY PLAT; AND BY AMENDING ARTICLE IV, “ENVIRONMENTAL REGULATIONS,” BY REPEALING IN ITS ENTIRETY DIVISION 2, “PROPERTY TRANSACTION SITE ASSESSMENT,” TO REMOVE OUTDATED PROCEDURES THEREIN. (SECOND READING)(PUBLIC HEARING)

 

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BACKGROUND:

This item was approved on First Reading at the February 25, 2021, City Commission Meeting.

As a result of the recent changes to the City's Charter Section 310, "Action Requiring an Ordinance," approved by the voters on November 3, 2020, this ordinance repeals and amends several sections of Chapter 13 of the City's Code of Ordinances, relating to procedures for transferring rights-of-way and easements to and from the City, as well as transactions involving the City's legal interest in real property. Overall, these amendments implement the Charter revision and clarify that the City will acquire or transfer fee simple title by ordinance and general non-fee simple possessory interests by resolution.

DISCUSSION:

Specifically, the City proposes to repeal Sections 13-36.1, "Procedures for acceptance or conveyance/vacation/abandonment of streets, alleyways, roads, or public rights-of-way," and 13-36.2, "Procedures for acceptance or conveyance/vacation/abandonment of specific purpose easements," in order to establish new procedures for how those legal interests may be transferred. In addition, the City proposes to relocate and update the procedures for Property Transaction Site Assessment (PTSA), which will continue to be required prior to the City accepting ownership of real property. The newly created Section 13-42, "Transactions involving the City's interests in real property," along with the proposed amendment to Section 13-165, "Final Plat Submission," are consistent with the approved Charter revision and will simplify administrative procedures moving forward. The Planning and Zoning Board recommended approval of this ordinance at its public meeting on February 10, 2021.

RECOMMENDATION:

Staff recommends approval of this ordinance.

FISCAL IMPACT:  N/A