Item 8AAGENDA ITEM # 8A
SEPTEMBER 10, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing to a consider transmittal to the Department of Community
Affairs of a proposed amendment to change the 2015 Comprehensive Plan Future Land Use Map
designation for an area of the City from Residential, Medium Density (RM) to Residential, Low
Density (RL).
SUBMITTED BY: Sonya Doerr, AICP ~,~
Community Development Director
DATE: August 29, 2007
BACKGROUND: Staff was directed by the City Commission to initiate the process to change the
Comprehensive Plan Future Land Use Map designation from Residential, Medium Density to
Residential, Low Density for the portion of Old Atlantic Beach as outlined on the attached map. This
area has been designated as Medium Density since the original Comprehensive Plan was adopted in
1990. The area was downzoned from two-family (RG-1) to single-family (RS-2) in 2001, and amuch-
debated compromise provision was added to the zoning regulations at that time to permit lawfully
constructed existing duplexes to be rebuilt. This provision remains in effect, and no changes to this
provision are proposed. With the exception of such replacement duplexes, new two-family or multi-
family development is not permitted in this area in any case. This proposed amendment, if later
adopted, will not diminish the ability to replace or reconstruct lawful residential uses as such
replacement is currently permitted by the Land Development Regulations.
The area immediately north of Ahern and Sturdivant Streets is zoned RG-2, which is amulti-family
zoning category. New two-family ormulti-family development could conceivably be built in this RG-2
area but only where enough vacant property could be put together to meet the density limits of the
Comprehensive Plan. In the Medium Density category, 3,100 square feet of lot area is required per
dwelling unit. In the Low Density category 7,250 square feet of lot area is required for each dwelling
unit.
For example, in the RG-2/Medium Density area, if two standard 50' x 130' lots were combined to create
a 13,000 square feet parcel, a new four-unit condominium could be constructed, subject to meeting
setbacks, parking, drainage, impervious surface limits and other requirements. This area does not
contain any large undeveloped parcels, and the City Commission has not proposed changing the Density
designation of this area. It will remain Residential, Medium Density, which is substantially consistent
with the manner in which this small area is developed. The Community Development Board considered
this item at their August 21st meeting, and recommended transmittal of the proposed amendment.
BUDGET: No budget issues.
RECOMMENDATION: Motion to authorize staff to transmit the proposed amendment to the
Department of Community Affairs, in accordance with Section 163.3184, Florida Statutes.
ATTACHMENTS: Draft Community Development Board minutes and map of area proposed to be re-
designated to Residential, Low Density.
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8A
SEPTEMBER 10, 2007
Draft Minutes of the August 21, 2007 Community Development Board Meeting
Item S.c. Public Hearing by the Community Development Board. serving as the Local
Planning Aeency, to consider and make recommendation to the City Commission related to a
proposed amendment to the Future Land Use Map of the 2015 Comprehensive Plan to
change an area from Residential, Medium Density (RM) to Residential. Low Density (RL)
Sonya Doerr gave a brief overview of the proposed change to the Future Land Use Map, and as a
point of clarification, she explained that new multi-family or duplex structures cannot currently be
built within this area. She stated that existing residential structures may be rebuilt if they are
legally constructed and vested. Thus, this proposed change has no impact on current owners of
existing multi-family or duplex structures provided that they were legally created to begin with.
Ms. Woods asked if why this change was not made several years ago when the matter of duplexes
was considered. Ms. Doerr replied that Medium Density is not necessarily inconsistent with the
RS-2 zoning. The Low Density designation requires approximately 7250 square feet of lot area
per dwelling unit, whereas Medium Density designation would require only 3200 square feet of lot
area per dwelling unit. For the most part, the only way a new duplex would be allowed in this area
in any case would be if several lots were combine and a change in zoning was approved. This area
is currently zoned Residential Single-Family (RS-2). The proposed change will make most
everything Low Density, excluding the Multi-Family and Two-Family along Ahern Street. Ms.
Woods replied that it sounded as if this should have been the case all along then.
Ms. Doerr stated that when the Comprehensive Plan was adopted in 1990, the area was zoned as
Residential General, Two-Family (RG-1), which was more consistent with the Medium Density
Designation. However, in 2001, the area was rezoned to RS-2.
Mr. Jacobson opened the floor to public comment.
Betty Eilers, 369 1St Street, stated that she was unaware that the property had been rezoned from
RG-1 to RS-2, and expressed concern over the proposed changes. She asked to be sent a copy of
Section 24-86 that describes the provisions for rebuilding legally constructed two-family dwellings
within the same footprint. Ms. Doerr reminded the Board that there are different provisions for the
reconstruction of multi-family structures.
Bernard Kane, 333 Ocean Boulevard, spoke on behalf of a group of residents from the affected
area. He questioned the net effect of the change and expressed concern over the lack of
information provided to residents. He stated that although he had received the notice and the map,
he did not understand what or why this was being done.
Mr. Whitehead, 550 Sherry Drive, questioned the reasoning behind the proposed change. Ms.
Doerr responded that the primary reasoning for deterring higher density in the area was because it
was in the Coastal High Hazard Area. Thus, summarized Ms. Woods, this is a net zero change.
She noted that the City Commission received numerous complaints prior to the 2001 change,
requesting that no more duplexes be allowed. And that is why the zoning was changed at that
time.
Mike Stevens and Connie Crave, 393 3`d Street, expressed lack of trust of what is being done. She
stated that she did not trust the City and felt that residents were purposely kept in the dark.
Charles McCrary, 363 Sherry Drive, "echoed those sentiments."
Page 10 of I I
AGENDA ITEM # 8A
SEPTEMBER 10, 2007
Draft Minutes of the August 21, 2007 Community Development Board Meeting
R. D. DeCarle, 51 Beach Avenue, stated that he felt that a better plan would be to maintain the
Medium Density and have a higher density zoning serve as a buffer between the commercial areas
and the single-family residential areas.
Melissa Nelson, 352 7t" Street, asked for clarification about consistency between the Comp Plan
and the Zoning. Ms. Doerr replied that the existing Medium Density is not inconsistent with the
zoning, but that the Low Density designation will make this area consistent with most of the City
that is east of Seminole Road.
Diane Dial, 321 3`d Street, asked if residents could be assured that this would be the absolute last
thing done to this area of the City stating that every two years something had to be "stirred up" in
Old Atlantic Beach.
Kay Walston, 1510 Seminole Road, stated that she owns a duplex on East Coast Drive. She noted
that other areas in the vicinity will remain Medium Density and she questioned why. Ms. Doerr
responded that staff was acting on the direction of the City Commission, and that is the area they
defined. Ms. Woods noted that part of the reason was to reduce density to assist with flooding in
the area. The areas that are proposed to remain Medium Density also have a higher concentration
of duplexes.
Frank Kerber, 375 1St Street, stated that he was glad to see change and hoped to see further control
over renters.
Lee Lanier, 145 Sherry Drive, agreed stating that the neighborhood had turned into a "freakin
ghetto".
MOTION: Carolyn Woods made a motion to recommend to the City Commission the
transmittal of this proposed Future Land Use Map amendment to change from Residential
Medium Density (RM) to Residential Low Density (RL) for this particular area. Lynn
Drysdale seconded the motion, and the vote was unanimous, 5-0.
6. ADJOURNMENT: Chairman Sam Jacobson adjourned the meeting at 10:14pm upon a
motion made by David Boyer.
Signed:
Attest:
Page 11 of I1
AGENDA ITEM # 8A
SEPTEMBER 10, 2007
PROPOSED FUTURE "LAND USE MAP CHANGE
FROM RESIDENTIAL MEDIUM DENSITY
TO RESIDENTIAL LOW DENSITY
® Area of Proposed FLUM Change N
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800 Seminole Road Atlantic Beach, FL 32233-5445
Phone: (904)247-5800 Fax: (904)247-5805 http://www.coab.us coae~~s oarosrloo~
NOTICE
City of Atlantic Beach
NOTICE is hereby given of a public hearing related to a proposed
amendment to the 2015 Comprehensive Plan. This amendment is
initiated at the direction of the City Commission and proposes to
change the 2015 Comprehensive Plan Future Land Use Map
designation for an area of the City from Residential, Medium Density
(RM) to Residential, Low Density (RL). This area is depicted by the
darkly shaded area on the below map. The purpose of this public
hearing is to authorize transmittal of this proposed amendment to the
Florida Department of Community Affairs in accordance with
Section 163.3184, Florida Statutes. The public hearing will be held
at 7:15pm on Monday, September 10th, 2007, in the Commission
Chambers at the Atlantic Beach City Hall, 800 Seminole Road,
Atlantic Beach, Florida. Any questions related to this proposed
amendment may be directed to the City of Atlantic Beach Planning
and Zoning Department located at 800 Seminole Road, Atlantic
Beach, Florida 32233 or by calling (904) 247-5826.
This proposed amendment, if later adopted, will not change any
zoning designation and will not diminish the ability to replace or
reconstruct lawful residential uses as such replacement is now
permitted by the Land Development Regulations.
Interested parties may attend the meeting indicated in this notice and
state your opinions. Notice to persons needing special accommodations
and to all. hearing impaired persons: In accordance with the Americans
with Disabilities Act, persons needing special accommodation to
participate in this proceeding should contact the City of Atlantic
Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida
32233 not later than .5 days prior to the date of this meeting.
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AGENDA ITEM II 8A
SEPTEMBER 10, 2007