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41-Code Change Workshop 10-29-01 (00651512xBA9D6)WORKSHOP AGENDA CITY COMMISSION CITY OF ATLANTIC BEACH MONDAY, OCTOBER 29, 2001, at 5:00 p.m. This workshop session has been scheduled at the request of the City Commission in order to discuss certain provisions of Chapter 17, Signs and Advertising Structures and proposed amendments to Chapter 24 of the City Code, which sets forth the Zoning and Subdivision Regulations for the City of Atlantic Beach. The Community Development Board by unanimous vote recommended approval of the proposed amendments at their regular meeting on September 18, 2001. 1. Call to order. 2. Discussion of options related to nonconforming signs and revisions to Chapter 17, Signs and Advertising Structures. 3. Stasi summary of proposed amendments to Chapter 24, consistency with the Comprehensive Plan and Chapter 163, Florida Statutes and suggested final revisions. a. Chapter 163 requirements b. Definitions — Eaves and Cornice c. Sec. 24-88. Garage Apartments d. Sec. 24-89. Dependent Care Living Assistance e. Sec. 24-113. Special Purpose District f. Sec. 24-163. Storage and Parking of Vehicles and Equipment in Residential Zoning Districts 4. Discussion. 5. Staff reminder of dates for public hearings to enact Chapter 24 amendments. (First reading and public hearing on Monday, November 12, 2001 at 7:15 p.m. and second reading and public hearing on Monday, November 26, 2001 at 7:15 p.m.) 6. Adjournment. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the American with Disabilities Act persons needing any special accommodation or an interpreter to participate in this proceeding should contact the City of Atlantic Beach, 800 Seminole Roacly Atlantic Beach, Florida 32233 or by calling (904) 247-5800 not later than 5 days prior to the date of this meeting. n MINUTES OF THE WORKSHOP OF THE ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS AT 5:00 P.M. ON MONDAY, OCTOBER 29, 2001 City Commissioners Present: John S. Meserve, Mayor Mike Borno Rick Beaver Theo Mitchelson Dezmond Waters, City Commissioners Also Present: Jim Hanson, City Manager Sonya Doerr, Community Development Director Maureen King, City Clerk Alex Sheffer, Code Enforcement Officer Alan Jensen, City Attorney DonWolfson, Code Enforcement Board Chair Mary Walker, Code enforcement Board Member Craig Burkhart, Code Enforcement Board Member Bob Frohwein, Code Enforcement Board Member The meeting, which was held for the purpose of reviewing options relating to nonconforming signs and revisions to Chapter 17, Signs and Advertising Structures, and for reviewing a summary of amendments to Chapter 24, Zoning and Subdivision Regulations, was called to order at 5:10 p.m. by Mayor Meserve. The Mayor pointed out that this was a very important document and one with which the city would live for a very long time and he felt that all commissioners should be comfortable with the final document. Sonya Doerr reported that with the adoption of Chapter 24 the City was addressing all the aspects of the Comprehensive Plan, including land development regulations, density, and conservation. Ms. Doerr distributed a document entitled Workshop Topics, a copy of which is attached as Attachment A, and each item listed in this document was discussed as follows: Eaves and Cornices - Ms. Doerr explained the definition of Eaves and Cornices as presented, and this matter was discussed in detail, specifically regarding the distance eaves and cornices should be allowed to protrude into the required side yard setbacks. Section 24-83 Required Yards and Permitted Projections into Required Yards was discussed, with respect to decks and balconies and Commissioner Waters felt that decks and balconies should be allowed to protrude four feet into front and rear setbacks, instead of two feet as indicated in the ordinance, especially if the balconies were cantilevered. (e0-\ Page Two Minutes -- City Commission Workshop October 29, 2001 Following further discussion it was agreed to amend section 24-83(b) to remove bay windows, and chimneys and similar elements and to change the distance that balconies may protrude into front and rear yards from 24 inches to 48 inches. Garage Apartments, Section 24-88 - Sonya Doerr said she felt it was always the intent of the city that the combination of the apartment and the garage should not exceed 75% of the heated and cooled area of the principal residence. She felt the language in the original draft was not very clear and she had added language to clarify this point. Don Wolfson pointed out that two members of the Community Development Board were not present at the previous meeting when garage apartments were discussed by their board. He felt that by allowing garage apartments at 75% of the size of the original structure, the city was increasing density which was not in keeping with the Comprehensive Plan. He also inquired regarding the provision for renting such units and the City Manager reported that the previous Community Development Director had researched this and it was his understanding that rental of these units was permitted in the city code as early as 1940. Mr. Wolfson also pointed out that Beach Avenue was a very narrow street and not adequate to handle increased traffic. Sonya Doerr pointed out that rental units were historically allowed only in double frontage lots but they could not be used as vacation rentals. It was felt that there were very few double frontage lots remaining and this would not be a significant problem. Commissioner Waters felt that the area between Beach Avenue and the ocean should be rezoned to allow two units to be built on the double frontage lots. Don Wolfson felt in order to comply with the Comprehensive Plan the existing garage apartments should be grandfathered in and no further units should be allowed. Commissioner Beaver said he would like to know how many units currently existed and how many units could still be developed. It was felt that the construction of garage apartments would automatically be limited by existing regulations for parking, impervious surface and setback requirements. Dependent Care Living Assistance, Section 24-89— Ms. Doerr pointed out this section was added to provide for the care of an ageing family member in an assisted living unit which would be an attachment to the main residence but which would not be allowed to include a full kitchen. Don Wolfson felt that this section was unnecessary as it could be addressed under the existing provisions for single family units. Following further discussion, it was agreed to delete this section. Special Purpose District, Section 24113 Discussion ensued regarding the inclusion of salvage yard in this section, following which it was felt that this section should not be changed. Ms. Doerr reported that an ordinance addressing the zoning of the radio station property would also be brought to the City Commission. Commissioner Boma noted that the language of the draft provided that in the event the specific permitted use within a Special Purpose District (SP) Page Three Minutes — City Commission Workshop October 29, 2001 ceased for a period of six months, the SP district would revert to a previous zoning designation and suggested that language be included to provide that if the radio station lost its Federal license the use would be forfeited. Commissioner Waters expressed concerns regarding the creation of a Special Use District which he felt would create problems in the future. However, the City Attorney felt this classification would give the City control over future development of areas such as Johnston Island. Don Wolfson felt that salvage yards should be deleted from this section. He felt that the language should be as specific as possible so that it would not be open to interpretation by future City Commissions. Steve Deibenow, representing the Radio Station, pointed out that the radio station was a non- profit onprofit organization and it would be difficult for them to raise funds within a six month period to rebuild the station if it was destroyed. He requested that the language be changed to provide that the radio station be allowed to rebuilt after a period of one year if it went out of business because of some catastrophe. Discussion ensued and concern was expressed regarding whether salvage yards could be established in any conservation district and the City Attorney pointed out that the existing ordinance specifically describes the salvage yard property by lot and block number. He felt that Salvage Yard should continue to be included in the SP district and suggested adding the legal description of the property on which a salvage yard would be allowed to operate. Following a lengthy discussion, it was agreed to add the property description of the salvage yard and the radio station to sections 24-113 (b) (1) and (2) the ordinance. Storage and Parking of Vehicles and Equipment in Residential Zoning Districts, Sec. 24- 163 — Sonya Doerr explained she had added language to make it clear that vehicles larger than 12,500 pounds gross vehicle weight could not be parked or stored in residential districts. Discussion ensued regarding the requirements for the parking of boats, etc. on residential property and Commissioner Waters felt the 20 -foot front setback line should be retained and not be changed to 15 feet. He felt the city should not encourage boat -owners to park their boats in their front yards which, he felt, degraded neighborhoods. Commissioner Beaver felt that the 15 - foot provision was included primarily to address the requests of residents west of Mayport Road. Don Wolfson reported that the Community Development Board was unanimous in their desire to retain the 20 foot setback. Alex Sherrer said that if the setback requirement was changed to 15 feet, this would allow most of the boat owners west of Mayport Road to legally park their boats in their yards. He felt the simplest way to deal with this problem would be to require that boats be parked behind the front line of the building. Following further discussion, it was agreed to leave the requirement for parking boats at 20 feet behind the front building setback line. r"*.\ Page Four Minutes — City Commission Workshop October 29, 2001 Section 24-87 - Construction Standards for Two-family Dwellings and Townhouse Units — In discussion regarding this section, Commissioner Waters inquired regardingthe requirement for firewalls and was advised that this was a requirement of the Florida Building Code. Definitions — Commissioner Waters pointed out that a previous draft of the ordinance contained two drawings illustrating setback lines and Sonya Doerr agreed to locate the second drawing and include it in the ordinance. Section 24-159, Home Occupations - In discussion regarding home occupations, Sonya Doerr explained that there were separate definitions for home office and home occupation. She said that applications for home occupations would have to be approved by the City Commission but home office could be approved by city star Commissioner Borno noted that introduction service was prohibited as a home occupation but noted that the ordinance did not contain a definition. Following discussion, it was agreed to delete introduction services from the ordinance Mary Walker felt that under the new ordinance more home occupation applications would have to be brought to the Community Development Board and the City Commission for approval. Zoning Map -- Commissioner Waters felt the City Commission needed to review the zoning map and make corrections and it was agreed to do so after the zoning ordinance is adopted. Section 24-85, Nonconforming Lots, Uses and Structures - Discussion ensued regarding non- conforming structures and several examples of the types of variance requests that are brought before the Community Development Board were discussed. Following discussion it was agreed that the language in the ordinance should be clarified to require that the combined side yards must total 15 feet. It was also felt that parking and impervious surface requirements would prevent expansion of nonconforming structures. Following discussion ofnonconforming lots and structures, the Mayor inquired whether the City Commissioners felt the ordinance was ready to be included on their next agenda for the first of two public hearings, and there was consensus that the City Commission should proceed with the public hearing scheduled for November 12, 2001. Signs and Advertising Structures - Discussion ensued and Sonya Doerr referred the Commissioners to the options she had submitted with the agenda for the meeting of October 22, 2001 for addressing signs which are non -conforming with respect only to distance from the property line or height limitations. The options she suggested were (1) require all signs to be made to conform to city ordinances; (2) continue to allow nonconforming signs which are not in the right of way but are within five feet of the right of way to stay until they need to be (e -N Page Five Minutes — City Commission Workshop October 29, 2001 s replaced; (3) create a waiver or variance process; or (4) change the ordinance to amend the height and setback requirements. Alex Sherrer presented pictures of signs which were in good condition but which were in violation of either height or square footage requirements. It was felt that if the signs were legal when they were installed, they should be allowed to remain. It was agreed that businesses with such signs should be notified that they are not in compliance with city ordinances and that they will be required to comply with city ordinances when the signs are replaced. Banners - The Mayor felt it would not be reasonable to prohibit banners completely but felt that requests for banners should be brought to the City Commission for approval. Commissioner Waters suggested limiting the number and/or size of banners. There being no fiirther discussion, the Mayor declared the meeting adjourned at 8:30 p.m. Maureen King City Clerk Attachment A Workshop —10/29/01 WORKSHOP TOPICS a. Chapter 163 requirements • See attached excerpt from Florida Statutes b. Definitions -- Eaves and Cornices, page 8 • The currently effective regulations (within Sec. 24-84. Yards; obstructions; double frontage lots) are as follows: (a) Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, chimneys, flues and eaves. No such projection shall be project more than forty (40) percent of the width of the required yard over which they project. The February 02, 2001 draft proposed the following: a) Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of window sills, belt sources; cornices, buttresses; ornamental features, chimneys, flues and eaves. No such projection shall be peejeet-mere-thaft forty (40) percent of the width of the required yard or four (4) feet. whichever is less. This provision would have allowed the eaves and projections to be as close a two feet to each other on side property lines. • The Community Development Board recommended the following "compromise" provision reducing the allowable projection from four feet to a maximum of two feet: Eaves and Cornices shall.'mean typical projections from the roof Structure of a Building. Eaves and Cornices shall not project beyond twenty four (24) inches into Required Front and Rear Yards. Eaves and Cornices shall not project into Required Side Yards beyond twenty-four (24) inches, or forty (40) percent of the established Required Side Yard Setback, whichever distance is less. c. Sec. 24-88. Garage Apartments • page 37 - g total WQrArea of the Structure containJng the Private Garage rid the Garage Apartment shall not exceed seventy-five (75) percent of the heated and cooled area of the Principal Dwelling. The additional language clarifies that the entire building (both garage and apartment) is limited to 75% of the heated and cooled area of the main house. r d. Sec. 24-89. Dependent Care Living Assistance • page 38 This provision is suggested as a possible method to allow, subject to certain limitations, for the care of family members in a semi -dependent setting on the same lot as single-family residential use. e. Sec. 24-113. Special Purpose District • page 54 - Language requiring consistency with the Comprehensive Plan has been added. Also, any future SP district would require approval of the Commission to change the use or any terms and conditions related to that use. f. Sec. 24-163. Storage and Parking of Vehicles and Equipment in Residential Zoning Districts • page 73 — The additional language clarifies that vehicles larger than 12,500 pounds gross vehicle weight cannot be parked or stored in residential districts.