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275 Sailfish Drive COMP21-0001 Packet (Marshpoint LLC)COMP21-0001 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4A CASE NO. COMP21-0003, Ord. No. 90-21-246 Request for a Future Land Use Map (FLUM) amendment to change the future land use designation of 275 Sailfish Drive from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH). LOCATION 275 Sailfish Drive APPLICANT Marshpoint Multi Family One LLC DATE July 13, 2021 STAFF Brian Broedell, Principal Planner BACKGROUND Request COMP21-0001 is to change the future land use designation for 275 Sailfish Drive from Res- idential Low (RL) and Residential Medium Density (RM) to Residential High Density (RH). Future land use designations are set forth on the Future Land Use Map (FLUM) of the city’s Comprehensive Plan. Among other things, FLUM designations set residential densities (dwelling units per acre) in order to provide for appropriate land development within the city. The subject property was developed as a 32 unit apartment complex in 1975 prior to the FLUM designations, which were adopted in the 1990s with the city’s first Comprehensive Plan. The city has three residential FLUM designations; Low Density (RL), Medium Density (RM), and High Density (RH): - Residential Low Density (RL) permits up to six (6) dwelling units per acre. - Residential Medium Density (RM) permits up to fourteen (14) dwelling units per acre. - Residential High Density (RH) permits up to twenty (20) dwelling units per acre. The subject property is 1.89 acres in size, with the majority of the site (~1.74 acres) designated as RL and a small portion designated as RM (~0.15 acres), which results in roughly 12 total residential units al- lowed on the property. As a result, the property is considered “legally non-conforming” since the number of units (32) exceeds the number Page 2 of 3 currently allowed (12). Legal non-conforming uses, such as this, are allowed to continue (“grandfa- thered”) as is, however they may not be relocated or expanded. The applicant has recently purchased the property and plans to remodel/renovate the apartment buildings. The city communicated to the applicant that the site is non-conforming due to the number of residential units. While the property can continue to be used as is, any potential additi ons (in- cluding accessory structures) would not be allowed and would require a FLUM amendment and a rezoning. The applicant has chosen to apply for a FLUM amendment prior to a rezoning request. The applicant is requesting to amend the FLUM designation of the property to RH, which would permit a total of 37 units on the site (1.89 acres X 20 units per acre). This requested amendment would make the existing number of residential units (32) conforming. ANALYSIS FLUM amendment applications should be reviewed and evaluated for consistency with the goals, objectives and policies of the Comprehensive Plan. Below are applicable goals and objectives from the Comprehensive Plan: Goal A.1 “The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, nat- ural, historic and cultural resources, 4) maintains the City’s distinct residential community charac- ter, 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations, 6) that provides public services and facilities in a timely and cost effective manner, and 7) that encourages energy efficiency and the use of renewable energy resources.” Objective A.1.5. Sound Development Patterns. “The City shall maintain development patterns, which 1) prevent blighting influences and eliminate nonconforming uses; 2) foster diverse and sta- ble neighborhoods; 3) protect coastal and environmental resources; 4) provide proper locations for public facilities and utilities and energy-efficient land use patterns, and 5) which encourage healthy and aesthetically pleasing living conditions.” Objective A.1.10. Surrounding Land Uses. “The City shall continue to maintain a development character, which is compact in form, orderly in its land use pattern, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost-effective and energy efficient public services.” Objective A.1.11 Appropriate Land Use Patterns “The City shall provide for land use, develop- ment and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2030 Future Land Use Map; which enforces the residential densities and the limi- tations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City.” Page 3 of 3 REQUIRED ACTION The Community Development Board shall make a recommendation for approval, approval with conditions, or denial of this application. The City Commission will then review the recommendation and hold two public hearings to con- sider the request. These two hearings are scheduled for August 23rd and September 13th. Following these public hearings, the city commission, by ordinance, may amend the FLUM desig- nation of said property, or it may deny the request. In the case of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same property, until after three hundred sixty-five (365) days from the date of the denial. Request for a Future Land Use Map (FLUM) amendment to change the designation of 275 Sailfish Dr from Residential Low Density (RL) & Residential Medium Density (RM) to Residential High Density (RH) COMP21-0001 275 Sailfish Dr Background •The Future Land Use Map (FLUM) is part of the city’s Comprehensive Plan and aims to provide for appropriate land development within the city. •The FLUM designates residential densities (dwelling units per acre) throughout the city •i.e. low density allows 6 dwelling units per acre of land The FLUM is not the same as the zoning map Required for every municipality in Florida Background Site Context and Details Atlantic Blvd Site Context and Details •Currently has two future land use designations •Majority of the property is designated low density (RL) and a small portion is designated medium density (RM) •1.89 acres in size •~1.74 acres in RL •~.15 acres in RM •The current FLUM designation allows about 12 total residential units on this property Site Context and Details •Apartment complex with 32 units •Built in 1975, prior to the city’s first FLUM and Comp Plan •Legally existing non-conforming use (exceeds density) Site Context and Details •Allowed to continue as is (“grandfathered in”) •However, code prohibits expansion or relocation of non-conforming uses. So they can remodel/renovate but cannot expand. Proposed Amendment Proposal is to amend the FLUM to designate this property Residential High Density (RH). This would allow up to 37 total units on the site (32 existing). The applicant recently purchased the property and has plans to remodel/renovate. Applicant would like to bring the property into conformance with the FLUM to allow potential additions/expansions. Considerations Consistency with Comprehensive Plan (in staff report) Objective A.1.5 Sound Development Patterns Objective A.1.10 Surrounding Land Uses Objective A.1.11 Appropriate Land Use Patterns Currently has 32 apartment units Built prior to FLUM designations Change to High Density would allow 5 additional units Board Action Vote to RECOMMEND approval, approval with conditions, or denial based on the considerations The application will then go to the City Commission for two public hearings August 23rd September 13th Page 1 of 3 Ordinance No. 90-19-246 ORDINANCE NO. 90-21-246 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW DENSITY (RL) AND RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY (RH); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereb y finds that the change in future land use enacted by this Ordinance shall provide for orderl y growth; encourage the appropriate use of land; protect and conserve the value of propert y; prevent the overcrowding of land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and implement the goals and objectives of the Comprehensive Plan; and WHEREAS, the lands subject to this change in future land use were largely developed prior to significant changes to the Land Development Regulations and the Official Zoning Map; and WHEREAS, the Community Development Board held a dul y noticed public hearing on July 20, 2021, to consider this Ordinance, found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance; and WHEREAS, the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Findings of Fact. The above recitals are hereb y incorporated as Findings of Fact in support of this Ordinance, and the City Commission finds as follows: a. This change in land use district classification has been full y considered after public hearings with legal notice dul y published as required b y law and has met the procedural requirements as set forth in Section 24-51 of the Land Development Regulations and Chapter 163, Florida Statutes, for small scale amendments. b. The proposed future land use amendment to Residential High Density (RH) is consistent with the goals, policies and objectives of the City’s adopted Comprehensive Plan. c. All development within lands subject to this future land use amendment and any future development shall be consistent with the zoning, subdivision, Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing construction or site alteration. d. The future land use designation of Residential High Density (RH) is consistent and compatible with the surrounding development and zoning districts. SECTION 2. Affected Properties. Pursuant to this change in land use district designation procedure, Page 2 of 3 Ordinance No. 90-19-246 the future land use designation of those certain lands within the City of Atlantic Beach, as more particularl y described in Exhibit A, attached hereto and made a part hereof, are hereby reclassified from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH). This reclassification does not grant authority for any specific uses on said lands. Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24, Land Development Regulations. SECTION 3. Future Land Use Map Revised. The Director of Planning and Community Development is hereb y directed to revise the official Future Land Use Map of the City of Atlantic Beach to reflect the change in future land use for those properties described in Exhibit A from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH). SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof previousl y adopted or entered by the City or an y of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5. Severabilit y. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this da y of , 2021. PASSED by the City Commission on second and final reading this _____ day of ____________, 2021. CITY OF ATLANTIC BEACH __________________________________ Attest: Ellen Glasser, Mayor ______________________________________ Donna L. Bartle, Cit y Cl erk Approved as to form and correctness: ______________________________________ Brenna M. Durden, Cit y Attorney Page 3 of 3 Ordinance No. 90-19-246 Exhibit A The lands subject to this Ordinance No. 90-21-246 changing their future land use designation from Residential Low Density (RL) and Residential Medium Density (RM ) to Residential High Density (RH) shall be those described below. All Book and Page information can be found in the current public records of Duval County, Florida. Address RE Number Legal Description 275 Sailfish Dr. 170579-0010 LOTS 580, 587, 588, 589, 590, 591, AND 592, SECTION NO. 1, SALTAIR, AS RECORDED IN PLAT BOOK 10, PAGE 8 OF THE CURRENT RECORDS OF DUVAL COUNTY, FLORIDA AND LOT 17, BLOCK 27, ROYAL PALMS UNIT TWO A, AS RECORDED IN PLAT BOOK 30, PAGES 1, 1A, 1B, 1C, AND 1D OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; TOGETHER WITH A PORTION OF THE CASTRO-Y- FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST FUTURE LAND USE MAP CHANGE PUBLIC NOTICE TO WHOM IT MAY CONCERN Notice is hereby given to all property owners within 300' of 275 Sailfish Drive (RE# 170579-0010) A public hearing regarding the following item(s) will be held by the COMMUNITY DEVELOPMENT BOARD at 6:00PM on July 20, 2021 and by the CITY COMMISSION at 6:30PM on August 23, 2021 and on September 13, 2021. All meetings will be held in Commission Chambers located at 800 Seminole Road. Case Number - COMP21-0001 & Ordinance No. 90-20-245 Request for a Future Land Use Map (FLUM) amendment to change the future land use designation of 275 Sailfish Drive (RE # 170579-0010) FROM Residential Low Density (RL) and Residential Medium Density (RM) TO Residential High Density (RH) (existing condition). The applicant is seeking to change the FLUM to correlate the existing number of apartments (32) with the RH designation. This will bring the apartments in compliance with the FLUM. RH permits up to 20 units per acre. The site is 1.89 acres. This change could permit up to a total of 37 units and would require a rezoning. For additional information regarding the above item, please contact City of Atlantic Beach Community Development Department at 800 Seminole Road, Atlantic Beach, Florida 32233, or (904) 247-5817, or web access https://www.coab.us/960/Public-Hearing-Notice, or scan the QR code. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, or (904)247-5800, not less than three (3) days prior to the date of this meeting. NOTICE OF SMALL SCALE COMPREHENSIVE PLAN AMENDMENT The City of Atlantic Beach proposes to adopt the following ordinance: ORDINANCE NO. 90-21-246 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW DENSITY (RL) AND RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY (RH); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Public Hearings on the proposed ordinances will be held in Commission Chambers at 800 Seminole Road, Atlantic Beach, Florida by the:  Community Development Board on Tue, July 20, 2021 at 6:00 PM  City Commission on Mon, August 23, 2021 at 6:30 PM  City Commission on Mon, September 13, 2021 at 6:30 PM Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review at the City of Atlantic Beach Community Development Department at 800 Seminole Road, Atlantic Beach, Florida 32233, between the hours of 8:00 am and 5:00 pm, Monday through Friday, excluding legal holidays, and may be obtained at this office or by calling (904) 247-5826. Interested parties may appear at the public hearing and be heard regarding the item(s), or written comment s may be emailed to aaskew@coab.us prior to the hearing. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.