Loading...
Agenda Item 8DAGENDA ITEM: SUBMITTED BY: DATE: AGENDA ITEM H 8J> JAN UARY 13 .2014 AGENDA ITEM NO. ___ _ DATE :-------- C ITY OF A TLA NTrC BEACH CITY COMMISSION MEETING STAFF REPO RT Through Jots between Beach Avenue and Ocean Boulevard Michael Gri ffin, CBO, CFM Bui ldin g and Zo ning Director ~ December 5, 2013 STRATEGIC PLAN LINK: None BACKGROUND: Attached is a copy of the November 19, 2013 staff rcpmt submitted to the Community Deve lopment Boa rd (COB) to di scuss C it y Code Section 24-84 (c) which relates to tlu·ough lot s a lo ng Beach Avenue and Ocean Boulevard . Thi s section req uire s double frontage lot s extending from Beach Aven ue to Ocean Bou levard to have the front ya rd face Ocean Bou levard. As ind icated to the CDB, I 0 of the 22 through lots already front and have a Beach Avenue address. On ly 4 through lots are addressed and front along Ocean Boulevard, th e other lots hav e s ide street addre sses. Currently the ordinance requires an existing through propctty to redirect the front yard to Ocea n Avenue if the ex isting structure is demoli shed and rebui lt. Staff requests the Commission eliminate thi s portion of Section 24-84 to allow through lots to front onto either Beach Avenue or Ocean Bouleva rd . Below is a list of through lot addresses fronting onto Beach Avenue. 120 Beach A venue 0 Beach Avenue (unpubli shed address) 250 Beach A venue 136 Beach Avenue 178 Beach A venue 328 Beach A venue 436 Beach Avenue 620 Beach A venue 360 Beach A venue 578 Beach A venue The CDB voted unanimously (see attached draft minutes) to request Section 24-8 4 (c) be amended to allow throu gh lots alo ng Beach A ve nue a nd Ocean Boulevard to front along Beach Avenue. Our Public Work s Department docs not object to this amendment and docs not consider thi s as addjng a trafi'ic impact thi s portion o f Beac h Ave nu e. BUDGET: RECOMM ENDATION : ATTACHMENTS: No Impa ct Motion to request City staff to draft proposed ordinance amending Section 24-84 (c) requiring through lots along Beach I\ venue and Ocean Boulevard to have front yard face Ocean Boulevard. November 19, 20 13 COB staff report and draft minutes. REVIEWED BY CiTY MAN AGE R: -=~~;;:::~,~t:=----------- ( 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 5, 2013 Re: Through lots between Beach A venue and Ocean Boulevard AGENDA ITEM# 8D JANUARY 13, 2014 This is to request a recommendation from the Community Development Board to the City Commission that through lots between Beach A venue and Ocean Boulevard be allowed to have front yards that access along Beach Avenue. City Code Section 24-84. (c) Double frontage lots states, "Special treatment of Ocean Boulevard lots with double jrontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard." Currently there are 22 total through lots between Beach A venue and Ocean Boulevard with 10 lots addressed on Beach A venue, 5 lots addressed on side streets, 4 lots with Ocean Boulevard addresses, and 3 vacant lots with no address. Given the current available access and street width there does not appear to be a reason Beach A venue cannot handle the possible 7 properties that may want to have access to Beach Avenue. Our Public Works Department has no objection to allowing the remainder of lots to front onto Ocean Boulevard. 22 total through lots 4 lots with Ocean Blvd address 10 lots addressed on Beach Ave (orange) 3 lots vacant no address 5 lots addressed on side streets Draft Mimtte.f oft he October 15. 20 13 regu lar meeting of the Community De11elopment Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD November 19, 2013 1. CALL TO ORDER.-6:06pm AGEN DA ITEM II 8D JANUARY 13,20 14 Chair Brea Pau l verified the prese nce of a quorum with the attendance of, Kelly Elmore, Harley Parkes, Patrick Stratton and Sy l via Simmons. The m eeting was called to order at 6:06pm. Also present wa s the Building and Zoning Director , Michael Griffin, Redeve lopment and Zoning Coo rdina tor, Jeremy Hubsch and Recording Secretary Jenny Walker. Kirk Hanson arrived at 7:00pm, Ja so n Burge ss was absent. 2. ADOPTION OF MEETING MINUTES-October 15, 2013. Brea Pau l called for a motion to approve the minutes of t he October 15, 2013 regular meeting. Kelly El more moved that minutes be app roved as written. Patrick Stratton secon ded the motion and it carried by a vote of 7-0. 3. OLD BUSINESS. N one. 4. REPORTS. A. Boats and Trailers. Brea Paul asked for a vote by s how of hands to talte t h e Agenda out of order and discuss Boats and Trailers ahead of New Business based on the number of citizens in attendance to speal{ on this topic. Brea Paul stated the Boats and Trailers Ordinance was discussed at the October 15111 meeting and the Board had asl<ed staff for some additional details to include the acb.lal number of violations that were acrually present. Michael Griffin spoke stating the Board aslced for some site boundary information, Code Enforcement information and -slaff did a survey of 80% of Atlantic Beach and found that there were 21 boat violations, 13 of the violations the boats could be relocated on the property and be fo und 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 we average 10 complaints per month for boats and trailers or recreational vehicles in the front yard. Mr. Griffin refreshed the boards memory that Jacltsonville, St. Augustine, Neptune Beach and St. Johns County has the same regulations of no boats or trailers in the front 20ft front yard setback. Jacl(.sonville Beach allows one 20 ft boat in the front yard setback Atlantic Beach is less restrictive than Jacl(sonville, Neptune Beach, St. Augustine and St. Johns County by allowing the boat to be 15ft from the front property line. The Board also aslted for some boundary information. Mr. Griffin showed a plat of the Park Terrace subdivision stated that when plats are set up houses are set up on the lot with generally a 2 0ft setbaclc, anything Pagc l o f 5 Omfl Mi nu tes of th e October 15. 2013 regulormecting of the Co /111/lll ll ily Development Board /\GEN OA IT EM # 80 JANUARY 13,20 14 beyond that 20ft setbacl( is in the right of way. He then showed several examples of compliant lots and noncompliant lots boats, trailers and campers. I<elly 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 slating Code Enforcement will leave a courtesy notice first giving a reasonable time. Mr. Elmore aslted and if the homeowner slates that it is a visitor and it will be removed in a few days ? Mr. Griffin stated the City will worlt with them before taldng any code enforcement action. The firstspeal<er 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 b (2) from stating "15 ft setback from the lot line" to read "15ft setbaclt from street pavement." He states that would put him in compliance. The second spealter was Michael Hampton, 651 Begonia Street. He slated someone from the City came out to his property yesterday and told him he could tal<e down 2 trees on the lot and move his boat baclt 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, 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 parlted right underneath her bedroom window. She is in favor of the Ordinance the way it is. Final spealter is Chris Lambertson, 357 121h St. Believes the Issues with Boats and Tt•ailers started because of the lacl< of Code Enforcement on this ordinance 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 setbaclt for boats, trailers and recreational ve hicles. l<elly 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 s houkl 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 state d that she drove alJ over the City and was surprised at how few violations she saw. Ms. Simmons stated reducing the requirement may result in creating more boats and trailers. She doesn't thinl< the Ordinance should be changed at aiL Brea Paul says she concurs with all the other board members, we have the most lax code already. I<elly 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 vote of 6-0. 5. NEW BUSINESS. A. SPA-13 -00100075 (PU BLI C II EAIU NG)-2 01 Mayport Road Staff Report R equest fo r S pecia l Pla nned Ar ea (SPA) r ezonin g as permi tted by Sectio ns 24-J1 6 thro u gh 24-126, t o a llo w a m aximum of 80 reside n t ia l units. T he property is c urre n t ly zone d Commerci a l Li mited (CL) a nd R es ide ntia l Gen eral-M ulti-Family (RG-M). T h e F uture La nd Usc Des ig n atio n IJig h ensity (_lUI). Jeremy Hub sch, Red evelopme nt and Zoning Coord inator gave a Page 2 o f 5 Draft Minutes of the October 15, 2013 regular meeting oft he Community Development Board AGENDA ITEM# 8D JANUARY 13, 2014 Applicant Comment presentation about SPA-13-00100075. Mr. Hubsch showed an aerial of the site and described the neighboring sites. Stated that the site was formerly a development of 96 units that had been previously torn down roughly 10 years ago. He then showed a Future Land Use Map and discussed density of surrounding properties and the zoning. Subject property is 7.2 acres and the applicants are proposing a maximum of 80 residential units. Maximum allowable density is 20 units in a Residential High Density Land Use, and the applicants are proposing a development with 11.2 units per acre, so it is below the maximum density. The applicants are proposing 4 unit types, Single family, duplex, triplex and quadplex. As it is currently designed, there will be only one single family home. They will be providing 2 parking spaces per unit and 20 visitor parking spaces. There will be a 10ft landscape buffer along Mayport Road, which is required per our Mayport Corridor Standards. There will be a Sft landscape buffer along the entire Northern, Southern and Eastern property boundary, which is not required by our code. The Commercial Corridor standards for construction materials along Mayport Road will be met. It is anticipated that the proposed 80 units will be mostly duplex, triplex, and quadplex buildings. The applicants do not yet know what customer demand will be like, and thus would like the flexibility to alter the unit type shown on the site plan, while maintaining the same general layout. The SPA clearly states that any modifications that change the use, building height, density, buffers and open space, and access points/driveways will need to come back before the Community Development Board and Commission as required per Section 24-124. Habitat for Humanity plans to create an HOA to maintain the project in perpetuity, but at this time the HOA documents have not yet been created. Mr. Hubsch states that Per Section 24-62.c.2, the Community Development Board shall "Indicate the relationship of the proposed rezoning to the comprehensive plan for the city and provide a finding that the requested change in zoning is consistent with the comprehensive." He then discussed some of the goals, objectives, and policies of the comprehensive plan that are relevant to this project. Mr. Hubsch gave an overview of the thirteen waivers that the applicants are requesting. He also gave an overview of the boards required actions. He also stated that staff does not have any recommendations at this time and will be leaving the decision up to the board. The applicant, Jay McGarvey, Chairman of Beaches Habitat stated that they are very excited to present this model community for the Page 3 of5 AGENDA ITEM# 8D JANUARY 13, 2014 Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board Public Comment Board Discussion Motion residents of Atlantic Beach. He states that this development will dress up Mayport Road. He then introduced the President of Beaches Habitat, Mr. Brian Wheeler. Mr. Wheeler presented several examples of other neighborhoods that have developed using the same traditional neighborhood design that Habitat is proposing. He showed computer images of the before and after of the site. He also showed example floor plans of the units. He discussed parking, sidewalks, front and rear yards, landscaping and drainage on the project. Kelly Elmore stated he is concerned given the location and the density request, will crime and home values become an issue. Mr. Wheeler stated that he feels there is a difference in behavior of renters of high density apartments and homeowners. He then discussed all of the requirements the prospective homeowners must comply with before being given the privilege of home ownership with Beaches Habitat. Mr. Elmore then asked how the development is handling stormwater. Mr. Wheeler pointed out that most of it will drain under the park to a underground system created with the existing concrete that is on- site and the rest is already currently flowing to Mayport Road. Habitat will work with FDOT concerning the drainage issues. The first public speaker was Matthew Chimumento, 632 Main Street, stated he is very glad to see something going into the "bombed out" shelter. His concerns were regarding how many more of these type homes or developments are going to be coming up in Atlantic Beach? Is Atlantic Beach going to become totally focused on Beaches Habitat homes? He was also concerned about the lack of storage with no garages and having the front and rear porches start serving as garages with outside storage. The second public speaker was Mike Whalen, business owner on Mayport Road. Mr. Whalen stated he thinks this is the wrong location for this project. Is Atlantic Beach going to become the "poster boy" for Beaches Habitat. He thinks this is too many low income people in one project and that this will turn back into what the Palms turned into and that it will close businesses on Mayport Road. Kirk Hanson had questions regarding if they grant the variances for this SPA do they have to do the same for all future SPA's. The board decided they are decided on a case by case basis. Brea Paul was concerned about the park being turned into a retention pond for drainage. Mr. Hubsch stated that then that change would have to come before the board again. Sylvia Simmons made motion to approve SPA-13-00100075 and it Page 4 of5 Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board AGENDA ITEM# 8D JANUARY 13, 2014 was seconded by Harley Parkes. It was unanimously approved 6-0. 6. REPORTS. A. Through Lots. Michael Griffin stated that this item is to request a recommendation from the Community Development Board to the City Commission to repeal Section 24-84. (c) The Land Development Code which relates to double frontage lots which requires new structures built in between Beach Avenue and Ocean Blvd. to actually front onto Ocean Blvd. Currently there are only 4 lots with Ocean Blvd addresses and 10 lots addressed on Beach Avenue, and 3 vacant lots with no address. Sylvia Simmons is concerned about letting homeowners place 6ft tall fences right along Ocean Blvd. Mr. Parkes stated that the economic value of having a Beach Ave. address is not arguable. Kelly Elmore made a motion to amend the code to allow through lots between Beach Ave. to Ocean Blvd. to front on Beach Ave. Mr. Stratton seconded the motion. The motion was unanimously approved 6-0. B. Tree Ordinance. Michael Griffin stated that the Tree Ordinance is not up for discussion for this evening. Mr. Griffin stated this is just a heads up that this will be coming up in the December meeting. Mr. Elmore stated he will be missing the December 17th meeting. Brea Paul stated that Jason Burgess will not be staying on the board and the new board member will be Linda Lanier. 7. ADJOURNMENT-8 :31 PM Brea PauL Chair Attest Page 5 of5