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Agenda Item 8BAGENDA ITEM NO. B DATE: 1 2 - q - 13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Land Development Code Section 24 -163 Parking Recreational Vehicles in Residential Zoning Districts SUBMITTED BY: Michael Griffin, CBO, CFM, Building and Zoning Director DATE: November 20, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: At the November 19, 2013 Community Development Board meeting the board voted unanimously to support not changing the current recreational vehicle parking requirements within residential zoning districts. The board indicated the requirement should be kept in place as written so not to encourage additional parking of recreational vehicles within the required front yard setback. Attached is a copy of the November 1, 2013 Community Development Board staff report and the draft minutes of the November 19, 2013 meeting. BUDGET: RECOMMENDATION: ATTACHMENTS: No impact Motion to accept the November 19, 2013 Community Board recommendation to keep the current regulations regarding parking recreational vehicles in place. November 19, 2013 Community Development Board staff report and draft minutes of the meeting. REVIEWED BY CITY MANAGER: City of Atlantic Beach Building and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247 -5800 Fax (904) 247 -5805 www.coab.us Memorandum To: Community Development Board From: Michael Griffin, CBO, CFM Building and Zoning Director Date; November 1, 2013 Re: Land Development Code Section 24a -163 Parking Recreational Vehicles in Residential Zoning Districts At the October 15, 2013 Community Development Board meeting the issue of parking recreational vehicles in residential districts was discussed. This item was deferred to the November 19, 2013 meeting to allow statT additional tirne to provide information related to the number of violations that have occurred, site boundary information related to street pavement and property lines and additional photographs of violations. As requested, below are statistics taken from a recent street survey of boats, trailers and campers parked throughout the City. Also, below is the number of violations reported on the monthly code enforcement report from September 2012 to October 2013. Attached is a copy of Sec. 24 -163. — Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. Survey Conducted October 22, 2013 Boats in violation 21 (13 could be relocated on property to be in compliance) Boats found in compliance 28 Trailers /Campers in violation 5 Trailer /Camper in compliance 9 Vehicle violations related to boats /campers /trailers per monthly code enforcement report September 2012 - March 2013 - 62 (9 average complaints per month) April 2013 - October 2013 - 73 (10 average complaints per month) (b) Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicle, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer, or other type of trailer. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot.• (3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential Lot for a period exceeding twenty -four (24) hours shall be owned by the occupant of said lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code, shall not be parked or stored in any zoning district. Further, mechanical or other automotive repair work on any motor vehicle shall not be performed out -of -doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. (d) No materials, supplies, appliances or equipment•used or designed for use in commercial or industrial operations shall be stored in residential zoning districts, nor shall any home appliances or interior home furnishings be stored outdoors in any residential zoning district. (e) The provisions of this section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connection with the construction of a building on the property, which has been approved in accordance with the terms of this chapter or to commercial or recreational vehicles parked within completely enclosed buildings. (Ord. No. 90 -90 -292, § 2(Exh. A), 3-8-10) i)rrrfi tilitunes of'the October 15, 2013 regular meeting °f fire Caraainrrnily Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD November 19, 2013 CALL TO ORDER. - 6:06 pin Chair Brea Paul verified the presence of a quorum with the attendance of, Kelly Elmore, Harley Parkes, Patrick Stratton and Sylvia Simmons. The meeting was called to order at 6:06pm. Also present was the Building and Zoning Official, Michael Griffin, Redevelopment and Zoning Coordinator, Jeremy Hubsch and Recording Secretary Jenny Walker. Kirk Hanson arrived at 7:OOpm, Jason Burgess was absent. 2. ADOPTION OF MEETING MINUTES - October 15, 2013. Brea Paul called for a motion to approve the minutes of the October 15, 2013 regular meeting. Kelly Elmore moved that minutes be approved as written. Patrick Stratton seconded the motion and it carried by a vote of 7 -0. 3. OLD BUSINESS. None. 4. REPORTS. A. Boats and Trailers. Brea Paul asked for a vote by show of hands to take the Agenda out of order and discuss Boats and Trailers ahead of New Business based on the number of citizens in attendance to speak on this topic. Brea Paul stated the Boats and Trailers Ordinance was discussed at the October 15th meeting and the Board had asked staff for some additional details to include the actual number of violations that were actually present. Michael Griffin spoke stating the Board asked for some site boundary information, some Code Enforcement information and staff did a survey of 80% of Atlantic Beach and found that there were 21 boat violations, 13 of the violations could be relocated on the property and be found in compliance, 28 boats were found in compliance. Five trailers and campers were found in violation and 9 trailers and campers were found in compliance. On the Code Enforcement issues the City receives an average of 10 complaints per month for boats and trailers or recreational vehicles in the front yard. Mr. Griffin refreshed the boards memory that Jacksonville, St. Augustine, Neptune Beach and St. Johns County have the same regulations of no boats or trailers in the front 20ft front yard setback. Jacksonville Beach allows one 20 ft boat in the front yard setback. Atlantic Beach is less restrictive than Jacksonville, Neptune Beach, St. Augustine and St. Johns County by allowing the boat to be 15ft from the front property line, The Board also asked for some boundary information. Mr. Griffin showed a sample plat and stated that when plats are created houses generally have a 20ft front yard setback, anything beyond that 20ft setback is Page 1 of 2 Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board in the right of way. He then showed several examples of compliant lots and noncompliant lots. Kelly Elmore questioned how long time wise can a boat or recreational vehicle be in the right of way before Code Enforcement will ticket it. Mr. Griffin responded stating Code Enforcement will leave a courtesy notice first and give the property owner a reasonable time to correct the problem. Mr. Elmore asked if the homeowner states that it is a visitor and it will be removed in a few days, Mr. Griffin indicated the City will work with them. The first public speaker was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because everyone in Atlantic Beach has different lot lines, he feels the only way the City can uniformly enforce the Boats and Trailers Ordinance is to change the wording on code section B2 from stating "15 ft setback from the lot line" to read "15ft setback from the paved street." He states that would put him in compliance. The second public speaker was Michael Hampton, 651 Begonia Street. He stated someone from the City came to his property yesterday and told him he could take down 2 trees on the lot and move his boat back and be in compliance. He said it is absurd for him to remove trees and that too many trees have been removed in Atlantic Beach already. He states again that "he will not remove his boat, the City can fine him all they want and he will not move his boat ". The third speaker was Linda Spencer, 282 Magnolia Street. She agrees with homeowners having home rights but her neighbors have their boat parked right underneath her bedroom window She is in favor of the Ordinance the way it is Final speaker was Chris Lambertson, 357 12th St. Mr. Lambertson believes the issues with boats and trailers started because of the lack of code enforcement in the past. Mr. Lambertson believes that our codes are too lax for boats aesthetically and the noise factor and that the City should increase the setback for boats, trailers and recreational vehicles. Kelly Elmore stated that this ordinance is in place for a reason and we do have the most lax ordinance compared to surrounding municipalities. He feels the ordinance should be left just as it is The ordinance withholds the standard aesthetic throughout the City. Harley Parkes stated that he agrees with Mr. Elmore. Sylvia Simmons stated that she drove all over the City and was surprised at how few violations she saw. She doesn't think the Ordinance should be changed at all. Brea Paul says she concurs with all the other board members, we have the most lax code already. Kelly, Elmore made a motion to keep the Boats and Trailers Ordinance as written in place, unaltered. Harley Parkes seconded the motion and it carried by a unanimous vote of 6 -0. The remaining items of this meeting will be completed at a later date. Page 2 of 2