Item 3A
tsw
March 19, 2007
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
,,,~, FROM: Jim Hanso
,~„ SUBJECT: Follow-up eport
AGENDA ITEM # 3A
MARCH 26, 2007
History of Subdivision Wavier Requests; the City Commission asked for a history of
subdivision waiver requests that have been considered in recent yeazs by the Commission.
Attached for your use is a memo dated March 14, 2007 from Sonya Doerr listing all of these
since 2002. It is important to note that the staff receives many more of these requests than just
those that are brought to the Commission. When most people learn of the Commission's history
in denying these requests, most of them go no further.
Sale of merchandise outside of buildings; Two business owners appeared before the
Commission on March 12 to complain about the City's rule prohibiting the display of
~* merchandise outside of an enclosed building. The Code has prohibited outside sale and display
of most items for many years and staff have consistently enforced those rules. The Code was
most recently clarified in 2003. The language of the new (:ode is contained in the attached
memo from Sonya Doerr dated March 13, 2007. The two business owners appearing at the
Commission meeting aze only the most recent ones to have been told about the rule and asked to
remove their merchandise from the sidewalk.
Commercial Recycling; During the workshop on February 12, 2007 on the sanitation contract,
City Commissioners asked the waste hauler, WSI, to propose an expanded commercial recycling
~"" program in an attempt to divert more of the waste stream out of the landfill and into productive
use. Steve Wright, General Manager for Waste Services of Florida, Inc, has provided an outline
of their plan entitled "Commercial Recycling Program; Getting Started" and will make a brief
~" presentation about that program on Mazch 26th.
~s•
~.
City of Atlantic Beach
800 Seminole Road
~,,, Atlantic Beach, Florida 32233
Telephone (904) 247-5800
Fax (904) 247-5805
www.coab.us
MEMORANDUM
AGENDA ITEM # 3A
MARCH 26, 2007
TO: Jim Hanson, City Manager
Mayor and City Commission
.~.
FROM: Sonya B. Doerr, AICP
Community Development Director
"~ DATE: March 14, 2007
RE: History of Subdivision Waiver requests
,..
Following is a summary of the subdivision waiver requests that have come before the City
~. Commission in recent years. In addition to these formal applications, the request to create new 50-foot
wide lots is one of the most common lot division questions asked of staff. A number of administrative
lot division requests have been rejected for inadequate lot width. Staff has advised property owners
,~ that such Subdivision Waiver requests are not likely to be approved based upon prior decisions of the
City Commission, although the Waiver process is available for any property owner who chooses to
pursue this option.
"~' 11-25-02
Request from Amy and James (Rusty) Pritchett for a waiver from Section 24-255 (a) of the
Subdivision Regulations seeking approval of a lot less than 75 feet in width and less than 7,500 square
'~ feet of Lot Area at 1950-1954 Beach Avenue.
Request approved.
Background: This property was in the RG-2 (Multi:family) Zoning District and the Residential,
Medium Density land use category. This property was a part of a larger 300-foot wide by 100-foot
deep parcel located at the southwest comer of 19th Street and Beach Avenue that had been divided
into a variety of lot sizes. The subdivision regulations have always required new lots to be 75-foot
wide and not less than 7500 square feet in area, but the RG-2 Zoning District regulations contained a
5000 square feet minimum lot area for single-family use. This inconsistency had existed for many,
many years, and previous staff interpreted that 5000 square feet lot was the standard and routinely
approved such lots notwithstanding the Subdivision Regulations and the Comprehensive Plan. Current
staff requested direction from the City Commission, and there was no support for amending the
,~, regulations to allow for new lots less than 75-feet wide and 7500 square feet in area, but the
regulations were subsequently amended to remedy this inconsistency.
09-08-03
'~" Request from Rainer and Doris Rosarius for a waiver from Section 24-255 (a) of the Subdivision
Regulations seeking approval to reconfigure Lots 2, 3 and 4 within Block 125 of Section H
subdivision to create two lots with one lot that is less than 75 feet in width and less than 7,500 square
feet in Lot Area.
Request approved to combine three lots and create one lot 85-feet in width and 8670 square feet in
lot area, and the second lot with width of 65-feet and 6630 square feet in lot area.
AGENDA ITEM # 3A
MARCH 26, 2007
OS-12-04
Subdivision Waiver requested by Kevin Bennett to allow new residential lots with width of less than
'~ seventy-five (75) feet at the Building Restriction Line and less than 7,500 square feet of lot area for
property on Kestner Road.
Request Denied.
10-13-03
Request from Tawana Brown Wagner for a Subdivision Waiver to reconfigure property on Eighth
Street to create two 50-foot wide by 130-feet deep lots. The property consists of one 50-foot wide by
130-foot deep lot (Lot 20) on Eighth Street and also one-half of each of the two adjacent 50-foot wide
lots.
Request Denied.
"'~' 12-13-04
Request from Bob, Kathy, Al and Mary Frosio for a waiver from Section 24-255 (a) of the Subdivision
Regulations seeking approval to create two new lots within property located a 151 Club Drive less
'~ than 75-feet in width and less than 7,500 square feet in Lot Area.
Request Denied. (Owners later purchased additional adjacent property to allow the two proposed lots
to each meet the 75-foot width and 7500 square feet requirements.)
~.
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~' City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
ss Telephone (904) 247-5800
Fax (904) 247-5805
www.coab.us
MEMORANDUM
AGENDA ITEM # 3A
MARCH 26, 2007
"° TO: Jim Hanson, City Manager
Mayor and City Commission
FROM: Sonya Doerr, AICP
Community Development Director
~„ DATE: March 13, 2007
SUBJECT: Sale of Merchandise Outside of Buildings
~"' Section 24-154 clearly addresses this issue, as does Section 24-112, the CG regulations. My understanding
is that it has long been the .City's position that retail merchandise had to be kept indoors with the intent to
avoid the sidewalk beach toys, towels, t-shirts, accessories, souvenirs and the like that seem to proliferate in
"'"" beach towns if they are ever allowed. Alex and I both recognized that this needed to be clear in the Code
several years ago, and in 2003, Section 24-154 was clarified as follows with deliberate discussion and full
support of the CD Board and the City Commission. .
Sec. 24-154. Display and Sale of Merchandise Outside of an enclosed Building.
(a) Outside display of products, or outside sale of furniture, clothing, dry goods, hazdwaze or other similar
merchandise equipment and materials, and also street vendors, shall be prohibited in all Zoning Districts, except
this shall not apply to locations for permanent automotive sales, or to landscaping and garden supplies, nursery
stock in containers, patio furniture and ornamental articles for use in lawn, garden or patio azeas, subject to
~.. provision of any required buffering and screening.
(b) Unless expressly permitted by this Chapter, all business related products and activities shall be conducted within
an enclosed Building, subject to compliance with applicable Florida Building Code requirements.
~"' Note: Restaurants are "expressly" permitted to have outdoor seating=provided that the outdoor seating is on
private property or the City Commission has approved aRight-o~ay lease. and parking is provided.
(c) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats and the like shall be
prohibited in all Zoning Districts.
Sec. 24-112 (b) Permitted Uses.
(2) Service establishments such as bazber or beauty shop, shoe repair, restaurants with indoor or outdoor seating
azeas but without drive-through facilities.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of
the adjacent Building licensed for such business, provided no obstruction to walkways, parking and internal
driving aisles is created.
These provisions have been very consistently enforced by Alex. If it is the desire of the City Commission to change
this, we can draft such an ordinance, but I am not sure we would be happy with the consequences.
,,,,~ cc: Alex Sherrer, Code Enforcement Officer