Item 8CAGENDA ITEM # 8C
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Direction to staff related to adoption of proposed Comprehensive Plan
Future Land Use Map change from Residential-Medium Density to
Residential-Low Density for an area of Old Atlantic Beach.
SUBMITTED BY: Sonya Doerr, AICP ~,~
Community Development Director
DATE: December 18, 2007
BACKGROUND: The previous City Commission directed staff to initiate a change in Land Use
designation from Residential-Medium Density to Residential-Low Density for the southern portion of
Old Atlantic Beach as shown on the attached map. (Additional information is provided within the
attachments.) Public hearings were held before the Community Development Board and the City
Commission, and the proposed Comprehensive Plan map amendment was transmitted to the
Department of Community Affairs (DCA) in September. DCA chose not to review the proposed
amendment and waived the Objections, Recommendations and Comments (ORC) report.
If it is the City Commission's intention to adopt this map change, the City must now proceed with the
adoption process, including an adoption public hearing, as set forth within the statutory time frames
for completing the Comprehensive Plan amendment process.
The City Commission has several options: 1) proceed to adopt; 2) not adopt, or 3) reconsider this map
amendment as part of the Evaluation and Appraisal Report (EAR) process, which will commence early
in the new year. (The EAR process is the required review and update to the City's Comprehensive
Plan.)
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff to prepare ordinance to adopt this proposed amendment
to the Comprehensive Plan Future Land Use Map or to not proceed with this amendment at this time.
ATTACHMENTS: Map; staff report from September 10, 2007 transmittal hearing; minutes from
Community Development Board and City Commission meetings and letter from the Department of
Community Affairs related to this proposed FLUM amendment.
REVIEWED BY CITY MANAGER:
January 14, 2008 regular meeting
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AGENDA ITEM # 8C
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing to a consider transmittal to the Department of Community
Affairs of a proposed amendment to change the 2015 Comprehensive Plan Future Land Use Map
designation for an area of the City from Residential, Medium Density (RM) to Residential, Low
Density (RL).
SUBMITTED BY: Sonya Doerr, AIGP ~,~
Community Development Director
DATE: August 29, 2007
BACKGROUND: Staff was directed by the City Commission to initiate the process to change the
Comprehensive Plan Future Land Use Map designation from Residential, Medium Density to
Residential, Low Density for the portion of Old Atlantic Beach as outlined on the attached map. This
area has been designated as Medium Density since the original Comprehensive Plan was adopted in
1990. The area was downzoned from two-family (RG-1) to single-family (RS-2) in 2001, and amuch-
debated compromise provision was added to the zoning regulations at that time to permit lawfully
constructed existing duplexes to be rebuilt. This provision remains in effect, and no changes to this
provision are proposed. With the exception of such replacement duplexes, new two-family or multi-
family development is not permitted in this area in any case. This proposed amendment, if later
adopted, will not diminish the ability to replace or reconstruct lawful residential uses as such
replacement is currently permitted by the Land Development Regulations.
The area immediately north of Ahern and Sturdivant Streets is zoned RG-2, which is amulti-family
zoning category. New two-family ormulti-family development could conceivably be built in this RG-2
area but only where enough vacant property could be~ut together to meet the density limits of the
Comprehensive Plan. In the Medium Density category, 3,100 square feet of lot area is required per
dwelling unit. In the Low Density category 7,250 square feet of lot area is required for each dwelling
unit.
For example, in the RG-2/Medium Density area, if two standard 50' x 130' lots were combined to create
a 13,000 square feet parcel, a new four-unit condominium could be constructed, subject to meeting
setbacks, parking, drainage, impervious surface limits and other requirements. This area does not
contain any large undeveloped parcels, and the City Commission has not proposed changing the Density
designation of this area. It will remain Residential, Medium Density, which is substantially consistent
with the manner in which this small area is developed. The Community Development Board considered
this item at their August 21st meeting, and recommended transmittal of the proposed amendment.
BUDGET: No budget issues.
RECOMMENDATION: Motion to authorize staff to transmit the proposed amendment to the
Department of Community Affairs, in accordance with Section 163.3184, Florida Statutes.
ATTACHMENTS: Draft Community Development Board minutes and map of area proposed to be re-
designated to Residential, Low Density.
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8C
JANUARY t4, 2008
Se tember 10, 2007 REGULAR COMMISSION MEETING Page 9
able to raise the revenues to fund the debt service needed to improve the sewer plant, as
well as providing revenues needed for ongoing operations due to increased costs.
Commissioner Waters questioned where we are with building these things and believes
we aze just positioning ourselves financially and don't actually have a reason to do this
yet. Utility Director, Donna Kaluzniak, stated they plan to start engineering this
coming year, adding one of the items on tonight's agenda is to hire the engineer to start
the engineering design, which will cost several hundred thousand dollars. She stated
they plan to start construction at the end of this year or early 2008. Commissioner
Waters stated he believes lazgely this is being done because of the fear we will have to
do major conversions for TMDLs. Ms. Kaluzniak stated these rules are going to
change very soon and the City will have to meet those rules and show a commitment to
the DEP to avoid getting negative feedback from them. Commissioner Waters asked
how close they are to issuing those TMDL rules. Ms. Kaluzniak stated they plan to
have that ready by the end of 2007. She stated the conversion will cost $5-7 million for
just one of the plants and the City may possibly have to do the second plant. Ms.
Kaluzniak stated there may be some grant money available which typically is awarded
at a maximum of 50% and they will apply for the grant money.
Mr. Hanson stated he distributed a rate comparison chart to the Commission which
includes Jacksonville, Jacksonville Beach and Neptune Beach rates along with Atlantic
Beach.
Motion: Ac-nrove Ordinance No. 80-07-74 as read
Moved by Fletcher, seconded by Simmons
Commissioner Borno requested for the second reading that the increase amounts be
provided.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
O~ MOTION CARRIED
Commissioner Simmons left the meeting at 9:30.
Miscellaneous 8. Miscellaneous Business
Business
A. Public hearing to a consider transmittal to the Department of Community
Affairs of a proposed amendment to change the 2015 Comprehensive Plan
Future Land Use Map designation for an area of the City from Residential,
Medium Density (RM) to Residential, Low Density (RL).
Ms. Doerr explained this is a Comprehensive Plan Land Use Map change; it went
before the Community Development Board on August 21 and the Community
Development Board recommended transmittal. The Commission is authorizing the
transmittal tonight at a public hearing and then it will come back for adoption in a
couple of months.
AGENDA ITEM # 8C
JANUARY 14, 2008
Seatember 10.2007 REGULAR COMMISSION MEETING Page 10
Mayor Wolfson opened the floor to the public hearing.
Pat Pillmore, 995 Camelia Street, asked what initiated this.
Ms. Doerr stated this was initiated by the Commission. Commissioner Waters stated
this brings the zoning in line with the Comprehensive Plan. Ms. Doerr corrected him
saying it brings the Comprehensive Plan in line with the zoning. She stated it isn't
necessarily inconsistent now, but it is zoned single family. It doesn't affect the ability
of people to rebuild their duplexes in any way. Mayor Wolfson clarified it is to make
the two of them consistent or line up with each other. Commissioner Fletcher asked
Ms. Doerr if this change could allow for larger homes. Ms. Doerr stated this is not
changing any lot sizes, they are already platted and exist in this entire azea.
Commissioner Simmons returned at 9:35 p.m.
Commissioner Waters explained what set this off was the Commission re-did the
zoning, making this area single-family, which is less dense. He stated previously it had
already been in the comprehensive plan as medium density, so the density was brought
down to low density and single-family homes. Mayor Wolfson stated this is just lining
these two documents up, not making it any different.
Carolyn Woods, 303 6`~ Street, stated she is also a member of the Community
Development Boazd and stated this was a very confusing issue for people. She stated it
did come about because the zoning codes for this area were changed in 2001 and this
was prompted by flooding that was happening in the azea, so the Commission was
looking for a way to reduce the density. The density was reduced in 2001 through the
zoning changes and this merely takes those zoning changes forwazd to the
Comprehensive Plan.
Commissioner Simmons stated what she got out of the minutes was that people are
tired of the dissention in our community and they were afraid this was another example
of it. She believes once they saw that this was just a minor change they were okay with
it, but there was a real fear that we were going to step back into the mess we were in
last year.
No one else from the audience spoke.
Motion: Authorize staff to transmit aroaosed amendment to the Department of
Community Affairs in accordance with Section 163.3184. Florida Statutes.
Moved by Waters, Seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
B. One-year update on implementation of the Residential Development
Standards.
AGENDA ITEM # 8C
JANUARY 14, 2008
Minutes of the August 21, 2007 Community Development Board Meeting
Item 5.c. Public Hearing by the Community Development Board, serving as the Local
Planning Agency, to consider and make recommendation to the City Commission related to a
proposed amendment to the Future Land Use Map of the 2015 Comprehensive Plan to change
an area from Residential, Medium Density (RM) to Residential, Low Density (RL).
Sonya Doerr gave a brief overview of the proposed change to the Future Land Use Map, and as a
point of clarification, she explained that new multi-family or duplex structures cannot currently be
built within this area. She stated that existing residential structures may be rebuilt if they are legally
constructed and vested. Thus, this proposed change has no impact on current owners of existing
multi-family or duplex structures provided that they were legally created to begin with.
Ms. Woods asked if why this change was not made several years ago when the matter of duplexes
was considered. Ms. Doerr replied that Medium Density is not necessarily inconsistent with the RS-
2 zoning. The Low Density designation requires approximately 7250 square feet of lot area per
dwelling unit, whereas Medium Density designation would require only 3200 square feet of lot area
per dwelling unit. For the most part, the only way a new duplex would be allowed in this area in any
case would be if several lots were combined and a change in zoning was approved. This area is
currently zoned Residential Single-Family (RS-2). The proposed change will make most everything
on the eastern side of the City Low Density, excluding the Multi-Family and Two-Family along
Ahern Street, which will remain Medium Density. Ms. Woods replied that it sounded as if this
should have been the case all along then.
Ms. Doerr stated that when the Comprehensive Plan was adopted in 1990, the area was zoned as
Residential General, Two-Family (RG-1), which was more consistent with the Medium Density
Designation. However, in 2001, the area was rezoned to RS-2.
Mr. Jacobson opened the floor to public comment.
Betty Eilers, 369 1St Street, stated that she was unaware that the property had been rezoned from RG-
1 to RS-2, and expressed concern over the proposed changes. She asked to be sent a copy of Section
24-86 that describes the provisions for rebuilding legally constructed two-family dwellings within
the same footprint. Ms. Doerr reminded the Board that there are different provisions for the
reconstruction ofmulti-family structures.
Bernard Kane, 333 Ocean Boulevard, spoke on behalf of a group of residents from the affected area.
He questioned the net effect of the change and expressed concern over the lack of information
provided to residents. He stated that although he had received the notice and the map, he did not
understand what or why this was being done.
Mr. Whitehead, 550 Sherry Drive, questioned the reasoning behind the proposed change. Ms. Doerr
responded that this had been initiated at the request of the City Commission, but that this change
would be consistent with state policies to limit density in the Coastal High Hazard Areas. Thus,
summarized Ms. Woods, this is a net zero change. She noted that the City Commission received
numerous complaints prior to the 2001 change, requesting that no more duplexes be allowed. And
that is why the zoning was changed at that time.
Mike Stevens and Connie Crave, 393 3`d Street, expressed lack of trust of what is being done. She
stated that she did not trust the City and felt that residents were purposely kept in the dark.
Page 9 of ] 0
AGENDA ITEM. # 8C
JANUARY 14, 2008
Minutes of the August 21, 2007 Community Development Board Meeting
Charles McCrary, 363 Sherry Drive, "echoed those sentiments."
R. D. DeCarle, 51 Beach Avenue, stated that he felt that a better plan would be to maintain the
Medium Density and have a higher density zoning serve as a buffer between the commercial areas
and the single-family residential areas.
Melissa Nelson, 352 7t1i Street, asked for clarification about consistency between the Comp Plan and
the Zoning. Ms. Doerr replied that the existing Medium Density is not inconsistent with the zoning,
but that the Low Density designation will make this area consistent with most of the City that is east
of Seminole Road.
Diane Dial, 321 3`d Street, asked if residents could be assured that this would be the absolute last
thing done to this area of the City stating that every two years something had to be "stirred up" in
Old Atlantic Beach.
Kay Walston, 1510 Seminole Road, stated that she. owns a duplex on East Coast Drive. She noted
that other areas in the vicinity will remain Medium Density and she questioned why. Ms. Doerr
responded that staff was acting on the direction of the City Commission, and that is the area they
defined. Ms. Woods noted that part of the reason was to reduce density to assist with flooding in the
area. The areas that are proposed to remain Medium Density also have a higher concentration of
duplexes.
Frank Kerber, 375 1St Street, stated that he was glad to see change and hoped to see further control
over renters.
i
Lee Lanier, 145 Sherry Drive, agreed stating that the neighborhood had turned into a "freakin
ghetto".
MOTION: Carolyn Woods made a motion to recommend to the City Commission the
transmittal of this proposed Future Land Use Map amendment to change from Residential
Medium Density (RM) to Residential Low Density (RL) for this particular area. Lynn
Drysdale seconded the motion, and the vote was unanimous, 5-0.
6. ADJOURNMENT: Chairman Sam Jacobson adjourned the meeting at 10:14pm upon a motion
made by David Boyer.
Signed:
~u-!/tom
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Page 10 of 10
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AGENDA ITEM # 8C
JANUARY 14, 2008
STATE OF FLORIDA -
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Governor Secretary
October 31, 2007
The Honorable Donald M. Wolfson
Mayor, City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Mayor Wolfson:
The Department has conducted a preliminary review of the City of Atlantic Beach proposed
comprehensive plan amendment to change the future land use map designation fora 30-acre
property, known as Old Atlantic Beach, from Residential Medium Density to Residential Low
Density. Based on the preliminary review, the Department has determined that the proposed
amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and
Rule 9J-5, Florida Administrative Code. In addition, the Department has not received a request for
review from the Northeast Florida Regional Council or an affected person. Therefore, the
Department waives its Objections,. Recommendations and Comments report. The City may proceed
to adopt the proposed amendment. Our reference number for this amendment is Atlantic Beach 07-
2. We have enclosed comments from other state and regional review agencies. For your assistance,
we have attached procedures for final adoption and transmittal of the comprehensive plan
amendment.
This letter should be made available for public inspection. If we may further assist you in
this matter, please contact Joseph Addae-Mensa, Principal Planner, at (850) 922-1783,
Sincerely,
es authier, AICP
Director, Division of Community Planning
Enclosures: Review Agency Comments
cc: Sonya Doerr, AICP, Community Development Director, Atlantic Beach
Ed Lehman, Growth Management Director, NEFRC
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto://www.dca.state.fi.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING HOUSING & COMMUNITY DEVELOPMENT
2798 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
rznt~~n4~am (850)488-2356 (850)488-7956