7A- Ordinance No. 90-14-222- Through lots between Beach Avenue and Ocean BoulevardAGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 7 A
APRIL 14, 2014
Through lots between Beach Avenue and Ocean Boulevard
Michael Griffin, CBO, CFM Building and Zoning Director JWe
February 12, 2014
STRATEGIC PLAN LINK: None
BACKGROUND:
Attached is a copy of the November 19, 2013 staff repoti submitted to the Community
Development Board (CDB) to discuss City Code Section 24-84 (c) which relates to through lots
along Beach A venue and Ocean Boulevard. This section requires double frontage lots extending
from Beach Avenue to Ocean Boulevard to have the front yard face Ocean Boulevard. As
indicated to the CDB, 10 of the 22 through lots already front and have a Beach Avenue address.
Only 4 through lots are addressed and front along Ocean Boulevard, the other lots have side
street addresses. Currently the ordinance requires an existing through property to redirect the
front yard to Ocean Avenue if the existing structure is demolished and rebuilt. Staff requests the
Commission eliminate this portion of Section 24-84 to allow through lots to front onto either
Beach A venue or Ocean Boulevard. Below is a list of through lot addresses fronting onto Beach
Avenue.
120 Beach A venue
0 Beach Avenue (unpublished address)
250 Beach A venue
136 Beach Avenue
178 Beach A venue
328 Beach Avenue
436 Beach Avenue
620 Beach A venue
360 Beach Avenue
578 Beach A venue
The CDB voted unanimously (see attached draft minutes) to request Section 24-84 (c) be
amended to allow through lots along Beach A venue and Ocean Boulevard to front along Beach
Avenue. Our Public Works Department does not object to this amendment and does not consider
this as adding a traffic impact upon this portion of Beach Avenue.
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
No Impact
Approval of Ordinance 90-14-222 which amends Section 24-84 of
the City Code to repeal conditions of lots extending between Beach
A venue and Ocean Boulevard as recommended by the Community
Development Board.
November 19, 2013 CDB staff report and draft minutes. Ordinance
90-14-222
REVIEWED BY CITY MANAGER: ----71. {/ ~ c:::{?:t.-e
City of Atlantic Beach Building and Zoning Dep;t~~m.e11t
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 Avenue and Ocean Boulevard
AGENDA ITEM# 7A
APRIL 14, 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 frontage. For double frontage lots
extending between Beach A venue and Ocean Boulevard, the required front yard shall be the yard,
which faces Ocean Boulevard."
Currently there are 22 total through lots between Beach Avenue and Ocean Boulevard with 10 lots
addressed on Beach Avenue, 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 Avenue cannot handle the possible 7 properties that
may want to have access to Beach Avenue. Our Public Works Depatiment has no objection to
allowing the remainder of lots to front onto Ocean Boulevard.
ORDINANCE NO. 90-14-222
AGENDA ITEM# 7A
APRIL 14,2014
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE III,
DIVISION 4, SECTION 24-84 OF THE CODE OF
ORDINANCES, LAND DEVELOPMENT REGULATIONS,
TO REPEAL CONDITIONS OF LOTS EXTENDING
BETWEEN BEACH A VENUE AND OCEAN BOULEVARD;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is
necessary to amend Chapter 24, Article III, Division 4, Section 24-84 of the Atlantic Beach Code
of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Section 24-84 of the Code of Ordinances,
specifically the Land Development Regulations of the City of Atlantic Beach, Florida, is hereby
amended to read as follows:
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required
front yard shall be provided on each street, except for lots as set
forth below and as set forth in section 24-88
(b) Special treatment of ocean-front Lots. For lots having frontage
on the Atlantic Ocean, the front yard shall be the yard which faces
the Atlantic Ocean, and the required front yard shall be measured
from the lot line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard lots v1ith double
frontage. For double frontage lots extending bet'.v-een Beach
Avenue and Ocean Boulevard, the required front yard shall be the
yard, 'vVhich faces Ocean Boulevard.
ORDINANCE NO. 90-14-222
Page 1 of2
AGENDA ITEM# 7A
APRIL 14, 2014
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govem.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASS ED by the City Commission on first reading this 1Oth day of March 2014.
PASS ED by the City Commission on second and final reading this 14th day of April
2014.
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
Approved as to fmm and corr-ectness:
RICHARD KOMANDO,
City Attomey
ORDINANCE NO. 90-14-222
Page 2 of2
AGENDA ITEM# 7 A
APRIL 14, 2014
Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board
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
th.ere are only 4 lots with Oc~~n 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~' motion to amend th~ code to allow through lots between
Beach Ave. to Ocean Blvd. to front on Beach Ave. Mr. Stratton seconded the
motion. The motion was unanimous.ly approved 6-0.
B. Tree Ordinance. Mi.c.hael Griffin stated that the Tree Ordinance is not up for
discussion for this ~~ening. Mr. Griffin stated this is just a heads up that this will
be coming UR iti the Dec;ember meeting. Mr. Elmore stated he will be missing
the December 17Fh meeting. Brea Paul stated that Jason Burgess will not be
staying on the board and the new board member will be Linda Lanier.
7. ADJOURNME,NT-8 :31 PM
Brea Paul, Chair
Attest
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