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Item 7AAGENDA ITEM # 7A MARCH 10, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: First reading of Ordinance 90-08-203 to amend Section 24-172 of the Land Development Regulations, the Residential Development Standards to delete subsection (c), the Floor Area Ratio (FAR) provisions and to add new subsections (e) to establish procedures to request Variances from provisions of the Residential Development Standards and (f) to provide for an annual review of the regulations by the Community Development Board. SUBMITTED BY: Sonya Doerr, AICP ,led/ Community Development Director DATE: February 24, 2008 BACKGROUND: The Community Development Board, at their February 19th meeting, again considered the FAR provisions. While the CD Board recognized that a majority of the Commission has publicly expressed their intent to eliminate the FAR, the CD Board nonetheless, had a very thoughtful discussion of the issue. (There were very few residents in attendance to address this issue.) Several members expressed some reluctance to amend the ordinance prior to it being fully tested, but in support of the Commission's expressed intent, the CD Board recommended approval of the elimination of the FAR provisions. The CD Board also recommended that a provision requiring annual review of the Residential Development Standards be re-introduced. Drafts of the ordinance included this requirement, but this provision was deleted during some of the final changes made in mid-2006. Language to provide for annual review by the CD Board has been included in the attached draft. Staff has also proposed a provision related to variances from the Residential Development Standards. As I have commented several times, the standard Zoning Variance provisions of Section 24-64 do not provide applicable grounds to approve or deny any application to deviate from the Residential Development Standards. The CD Board has discussed the need to provide such a provision in previous meetings, and this would seem to be the appropriate time to include such a provision. RECOMMENDATION: Motion to approve on first reading. ATTACHMENTS: Draft minutes of the February 19th meeting of the Community Development Board, proposed revisions and Ordinance 90-08-203 to amend the Residential Development Standards as set forth herein. BUDGET: No budget issues. REVIEWED BY CITY MANAGER: March 10, 2008 regular meeting AGENDA ITEM # 7A MARCH I Q 2008 Draft minutes of the February 19, 2008 regular meeting of the Community Development Board ITEM 5.c. Recommendation to the City Commission related to a proposed revision to Section 24-172 of the Land Development Regulations, Residential Development Standards, to eliminate Section (c)(1)i.-iv., the Floor Area Ratio provisions Ms. Doerr reviewed the concept of Floor Area Ratio (FAR) as included in the Residential Development Standards. She explained that majority of the current City Commission has expressed a desire to remove this particular provision from Section 24-172. However, because the Community Development Board serves as the Local Planning Agency, a recommendation must originate from the CD Board, and it must be based upon a finding that such revision would not be inconsistent with the Comprehensive Plan, and further, that such revision would not make the remaining Residential Development Standards inconsistent with the Comprehensive Plan. As such, the City Commission directed staff to bring this issue back to the CDB for their recommendation and then to continue with the process. Mr. Lambertson asked what are the typical sizes of Atlantic Beach lots, to which Ms. Doerr replied that "typical" lots range are 5000 square feet, 6500 square feet, 7500 square feet in size. Mr. Lambertson opened the floor to public comment. Peggy Nolan, 879 East Coast Drive, stated that her lot is 60 feet by 85 feet [5100 square feet], which is considered Nonconforming. She said that removal of the FAR provision would allow houses that would overwhelm such lots. Mr. Boyer asked Ms. Doerr: were not lots smaller than 5000 square feet considered as if they were actually 6000 square feet? Ms. Doerr replied that this provision had been removed during an amendment to the original ordinance. There was some discussion amongst the Board as to when this occurred. Commissioner John Fletcher, 672 Ocean Boulevard, who had been in the audience, asked to speak to the matter. He stated that when the original ordinance was submitted, the FAR was .54. However, after the Community Character study was concluded, it was decided that that was too restrictive, and the ordinance was after several changes, finally amended to the current FAR of .60. At the same time, the small size lot consideration was eliminated. R.D. DeCarle, 51 Beach Avenue, identified himself a local realtor, and said that he had attended and participated in most all of the Community Character meetings. He confirmed that the FAR was originally .54, but it was soon after amended to .60 and the trade off was the removal of the special consideration for small lots. Mr. DeCarle said that he was in favor of removing the FAR, primarily because it is redundant of other restrictions. Beyond that, he said the standards collectively restrict creativity, and as a result, people looking to build tend to avoid Atlantic Beach. In particular, he expressed concern that architectural diversity is sacrificed with the limitation of a 22-foot high wall plate. No one else from the audience came forth to speak so Mr. Lambertson closed the floor to the public and opened discussion to the Board. Ms. Glasser said that she felt the one good thing about this was that the Board was only being asked to look at FAR. She said it was interesting though that it came back to the CDB when it was already known how the City Commission was going to vote. Page 4 of 9 AGENDA ITEM # 7A MARCH IQ 2008 Draft minutes of the February 19, 2008 regular meeting of the Community Development Board Ms. Glasser [who was not a CDB member at the time] noted that it had been the CDB that had reviewed all of the information originally. She also commented that as a resident, she had been intimidated by the numbers and the whole process, and by those who were so vocal during the public hearings. She said that she felt that no compromise had truly been offered and that the community remains split. The CDB originally voted 4-3 to recommend a FAR of .7, but the number was lowered substantially and then a bit again by the City Commission. She proposed the current CDB reconsider and recommend a compromise of .70 again. Mr. Boyer said that the original recommendation of the consultant was .46, and that he personally think that the .60 FAR is so high that it is meaningless. He stated that not a single application has been affected by this regulation. However, he said that he thinks the FAR should be kept as a fall back position. Mr. Boyer continued, saying that he felt Commissioner Woods recommendation of being able to choose whether to abide by the other Residential Development Standards, or alternatively, by the FAR alone, was a vast step in the wrong direction. He said his predilection was to further reduce the FAR. Otherwise, he desired to maintain it as it is. Lynn Drysdale agreed with Mr. Boyer's sentiments. She explained that many regulations were simultaneously enacted, and there was no rationale as to why there was a focus on this one in particular other than emotion. Ms. Drysdale said that because she felt the body of residential design regulations had not been thoroughly tested, she was leaning towards further investigation. Mr. Adams said that his personal feeling was that FAR was merely an extra level of government inserting itself into the development process, and that he thinks there are other control mechanisms in place. Mr. Hansen said that there are many elements to consider. First, going through the process and looking at the models upheld as desirable examples at the Community Character study, the question arises could these be built again, under current regulations? It would appear not. Second, the overall square foot difference of the maximum size of house that could be built with or without the FAR does not seem to be large enough that it should cause such dissension. Thus, he said he is in favor of removing the FAR provision. Mr. Lambertson expressed concern over the wall plate height issue as brought up earlier by Mr. DeCarle, and asked Ms. Doerr to confirm whether or not the structures with tower elements as in the pictures distributed by Mr. DeCarle could or could not be built under current regulations. Ms. Doerr replied that they could not now, due to the wall plate height limit. However, Ms. Doerr noted that a variance is still an option for anyone interested in having such an element. Mr. Lambertson explained that he had disagreed with the consultant from the beginning, feeling that what was being presented to the City was merely a boilerplate. Further, he did not feel that the consultant truly understood local issues. And, in the end, the people of Atlantic Beach ended up drastically changing the recommendations. Mr. Lambertson also said that he thought Mr. DeCarle had made a good point regarding the past and present market situation. Mr. Lambertson said that he initially had concern over the status of duplexes, and the ability to rebuild. Ms. Doerr replied that there is a vesting provision that addresses destruction by any means not resulting from the action of the owner. The use as atwo-family residence is vested and the footprint is vested, but the rest of the new regulations would apply to new duplexes. Page 5 of 9 AGENDA ITEM }/ 7A MARCH 10, 2008 Draft minutes of the February 19, 2008 regular meeting of the Community Development Board Ms. Glasser said that she felt that there had been several flaws and basic issues of fairness in the original process. Why had the concentration been only on Old Atlantic Beach? Ms. Doerr replied that it originated out of Goals, Objectives and Policies of the Comprehensive Plan that specifically address the preservation of the character of Old Atlantic Beach, but that the City Commission later made a decision just to address Old Atlantic Beach at that time. Ms. Glasser expressed concern over removing FAR altogether, saying this had been presented as a package deal. This has started with discussion of FAR, but further fiddling could start unraveling the whole ordinance. She said that the bottom line is that we want to be fair, but there is disagreement as to what is fair. Mr. Lambertson agreed that he felt that neither the FAR provision, nor the other Residential Development Standards have truly been tested. Ms. Doerr interjected that she did not see limiting or removing the FAR as having a dramatic impact, but again stated that it is important to retain the other provisions of the Residential Development Standards. Again, she reminded the Board that if any particular regulation was a problem to an individual, then it could be handled through the variance process. Mr. Lambertson asked several questions regarding duplexes, and then commented that now felt more comfortable that the other existing regulations would address these. MOTION: Kirk Hansen made a motion to recommend to the City Commission the elimination of the FAR provisions from the Residential Development Standards, Section 24- 172(c), of the Land Development Regulations, finding that such removal is not inconsistent with the Comprehensive Plan, and also that such removal will not render the remaining provisions of the Residential Development Standards inconsistent with the Comprehensive Plan. Blaine Adams seconded the motion. Further discussion ensued, with Ms. Drysdale saying that so much had gone into the process that she felt that elimination of this provision was not advisable at this time, and because the standards were being looked at in a piecemeal fashion. Mr. Boyer added that tailoring an ordinance to current market conditions is disastrous. This Board and the City need to be proactive. The motion carried 4-2, with Mr. Boyer and Ms. Drysdale dissenting. Further discussion focused on the ability to incorporate architectural elements. such as towers, as previously mentioned by Mr. DeCarle. Otherwise, people will design around the regulations and the result will be a lack of creativity, as noted by Mr. Boyer. Mr. Lambertson also agreed with Ms. Drysdale's earlier suggestion that an annual review of the standards needs.to be implemented. MOTION: David Boyer made an additional motion to add that the Board recommend to the City Commission the incorporation of an annual review of the Residential Development Standards. Lynn Drysdale seconded the motion. There was no further discussion and the vote was unanimous. Page 6 of 9 AGENDA ITEM # 7A MARCH 10, 2008 Proposed revisions to- Section 24-172. Residential Development Standards No changes to Sections (a) or (b)are proposed (c) Additional Residential Development Standards. 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March 10, 2008 regular meeting AGENDA ITEM # 7A MARCH ]0,2008 Proposed new Subsections (e) and (~. {e) Requests to vary from the provisions of the Residential Development Standards Reco~nizin~ that there may be alternative means by which to achieve the Purpose and Intent of this Section, an Applicant ma~quest a Variance to provisions of this Section in accordance with the procedures as set forth within Section 24-64 of this Chapter exce tp that the following shall be considered as grounds to approve such requests (Paragraphs (c and (d) of Section 24-64 shall not be applicable to such reauests.~ Reauests to vary from the provisions of the Residential Development Standards may be granted, at the discretion of the Community Development Board upon findin tg hat• i. The proposed development will not result in excessive height mass or bulk that will excessively dominate the established development pattern within the neighborhood or excessively restricts light, air, breezes or privacy on adjacent properties. ii. The proposed development will be compatible and consistent with the diversity of architectural styles and building forms found in Old Atlantic Beach. {f) Annual review of these Residential Development Standards. The Community Development Board shall at a re ularly scheduled meeting review these provisions once yearly. Such review shall address the effectiveness of these provisions• the prior year's activity subiect to these provisions and any needed revisions. The Community Development Director shall then forward a report containing any recommendations of the Community Development Board, including a summary of any public input, to the City Commission. March 10, 2008 regular meeting AGENDA ITEM # 7A MARCH ]0, 2008 ORDINANCE NUMBER 90-07-203 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, AS ADOPTED BY ORDINANCE NUMBER 90-01-172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-172, RESIDENTIAL DEVELOPMENT STANDARDS TO DELETE SUBSECTION (c) (1), FLOOR AREA RATIO, AND ALSO CREATING NEW SUBSECTIONS (e) AND (f) TO ESTABLISH VARIANCE AND REVIEW PROVISIONS RELATED TO THE RESIDENTIAL DEVELOPMENT STANDARDS; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, pursuant to Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development Regulation Act, and Section 24-4 of the Municipal Code of Ordinances, the City Commission has the authority to adopt and amend Land Development Regulations, and WHEREAS, pursuant to such authority, the City has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and development of lands within the City, and WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for the City of Atlantic Beach on March 24, 2008. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Sections 24-172, Residential Development Standards within the Land Development Regulations, is hereby amended and upon enactment shall read as set forth within Exhibit A, attached to and made part of this Ordinance. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in accordance with Section 125.68, Florida Statutes. Passed on first reading by the City Commission of the City of Atlantic Beach the 10th day of March, 2008. Passed on final reading and public hearing the 24th day of March, 2008. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: Attest: ALAN C. JENSEN, ESQUIRE City Attorney DONNA L. BUSSEY, CMC City Clerk AGENDA ITEM # 7A MARCH 10, 2008 EXHIBIT A SECTION 24-172. Residential Development Standards (a) Purpose and Intent. The purpose and intent of these new regulations is to implement the goals, objectives and polices as set forth within the adopted 2015 Comprehensive Plan, restated in part below. 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, natural, historic and cultural resources, and 4) maintains the City's distinct residential community character. Objective A.1.3 Maintaining Residential Character -The City shall encourage future development and redevelopment, which: 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, and 2) provides for the preservation and protection of the dense tree canopy. Policy A.1.4.3 By December 31, 2005, the City shall consider amendments to its Land Development Regulations, which include provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach. Policy A.1.4.4 Within Old Atlantic Beach, the City shall consider options to discourage the redevelopment of residential lots in ways that are inconsistent and incompatible with the historic and existing built environment. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighborhoods that may result from new Development, which because of excessive height, mass or bulk may result in new Development that excessively dominates established development patterns within neighborhoods or excessively restricts light, air, breezes or privacy on adjacent properties. The further intent of these regulations is to appropriately limit height and bulk and mass of residential structures in accordance with the expressed intent of the citizens of Atlantic Beach, and also to support and implement the Recitals of Ordinance 90-06-195 and as more specifically enumerated below. (1) To ensure that buildings are compatible in mass and scale with those of buildings seen traditionally within the residential neighborhoods of Atlantic Beach. Page 2 of 6 Ordinance 90-08-203 AGENDA ITEM # 7A MARCH 10, 2008 (2) To maintain the traditional scale of buildings as seen along the street. (3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent properties. (4) To promote access to light and air from adjacent properties. (5) To preserve and enhance the existing mature tree canopy, particularly within front yards. (b) Applicability. The Development Standards and provisions set forth within this Section shall apply to Development of Single-family and Two-family Dwellings within that area of the City depicted by Attachment A and generally referred to as Old Atlantic Beach, which for the purposes of this Section shall be bounded by: • Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south; • Seminole Road, extending north to 11th Street on the west; • 11th Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 141ocated on the north side of 11th Street and west of East Coast Drive, and • East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street, and 16th street extending east to the beach, with the beach being the eastern boundary of this area. Development, as used within this Section, shall also include total redevelopment of lots and certain renovations and additions to Single-family and Two-family Dwellings as set forth herein. (c) Additional Residential Development Standards. The following standards and requirements shall apply to that area defined in preceding paragraph (b), and as further and more specifically described for each particular standard or requirement. (1) Side Wall Planes. To avoid stark, exterior side walls from facing the sides of adjacent residences, particularly on two-story and three-story residences, the following standards shall apply to new two-story and three-story Single-family and Two-family Dwellings; to renovations involving Structural Alterations or additions to the sides of existing Single- family and Two-family Dwellings, and where a second or third-story is added to an existing Single-family and Two-family Dwelling. i. Second and third-story exterior side walls, which exceed 35-feet in length, shall provide horizontal offsets of at least four feet, or architectural details, design elements or other features, which serve to break-up the appearance of the side wall, such that adjacent properties are not faced on the side by blank two or three-story walls void of any architectural design other than siding material or windows. Page 3 of 6 Ordinance 90-08-203 AGENDA ITEM # 7A MARCH ] 0, 2008 ii. Such design features may also include balconies, bay windows and other types of projecting windows or architectural details provided that these shall not extend more than 24-inches into the Required Side Yard, and that a minimum separation of 10-feet is maintained between such extensions into the Required Side Yard and any other existing adjacent residential Buildings. (2) Height to Wall Plate. For Single-family and Two-family Dwellings, the maximum height to the top horizontal framing member of a wall from the first floor finished floor elevation shall not exceed 22-feet. (3) Third Floor Footprint. In order to reduce the mass of taller Single-family and Two- family Dwellings, the interior footprint of any third floor area shall not exceed fifty percent (50%) of the size of the second floor interior footprint. (4) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade along the City's residential streets and sidewalks, one shade tree shall be provided within the Required Front Yard and an additional shade tree shall be required on the Lot in a location at the property owner's discretion in accordance with the following provisions: This requirement shall apply to the construction of new Single-family and Two- family Dwellings and to Structural Alterations of any Single-family and Two-family Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of Occupancy or prior to final inspections, as applicable. (The requirements of Chapter 23 of this Code shall also apply.) ii. Required Shade Trees shall have a minimum size of 4-inch caliper at the time of installation. A list of recommended tree species is available from the City. iii. Credit shall be provided for the following, and additional Front Yard Shade Trees shall not be required in such cases. (a) Where healthy canopy trees exist in the Required Front Yard, which are listed on the recommended tree list and are at least 4-inch caliper; or (b) where oak trees exist in the Required Front Yard, which are at least six (6) feet tall; or (c) where healthy street trees exist in the adjacent right-of--way, which are listed on the City's recommended tree list and are at least 4-inch caliper. Where installation of a Front Yard Shade Tree is required, such tree shall not be planted within right-of--ways or over underground utilities. iv. Similarly, credit shall be given for the second required Shade Tree where such tree, as described above, exists elsewhere on the Lot. Page 4 of 6 Ordinance 90-08-203 AGENDA ITEM # 7A MARCH 10, 2008 (d) Special Treatment of Lawfully Existing Single-family and Two-family Dwellings, which would otherwise be made Nonconforming by enactment of Section 24-172, establishing these Residential Development Standards. Any lawfully existing Single-family or Two- family Dwelling, which has been constructed pursuant to properly issued Building Permits prior to the effective date of these Residential Development Standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested Development, and any such Single-family or Two-family Dwelling shall be considered a lawful permitted Structure within the Lot or parcel containing the Vested Development, and shall not be considered as a Nonconforming Structure with respect to the regulations contained within this Section. It is further the intent of this Section to clarify when these Residential Development Standards shall apply in the case of reconstruction or redevelopment following: (1) a natural act such as a hurricane, wind, flood or fire; or (2) redevelopment initiated by a property owner or authorized agent for a property owner. The following provisions shall be limited only to those characteristics, which would otherwise be made nonconforming from the requirements of this Section, which provides Residential Development Standards. The provisions of Section 24-85 shall otherwise apply to Nonconforming Lots, Uses and Structures Structures damaged or destroyed by natural acts or by any means not resulting from the actions of the property owner. Any lawfully existing Single-family or Two- family Dwelling, which has been constructed pursuant to properly issued Building Permits prior to the effective date of these Residential Development Standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested Development, and any Single-family or Two-family Dwelling shall be considered a lawful permitted Structure within the Lot or parcel containing the Vested Development. Furthermore, an existing Single-family or Two-family Dwelling for that particular Structure, shall not be considered as a Nonconforming Structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other Land Development Regulations controlling Development and redevelopment of such Lots or parcels. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this Chapter including minimum Yard Requirements. ii. Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authorized agent for a property owner. Single-family or Two-family Dwellings, which are rebuilt or renovated, or expanded by more than twenty-five percent (25%) in Floor Area, shall be subject to applicable provisions of these Residential Development Standards for that portion of the Structure that is rebuilt, renovated or expanded. Page 5 of 6 Ordinance 90-08-203 AGENDA ITEM # 7A MARCH lQ 2008 (e) Requests to vary from the provisions of the Residential Development Standards. Recognizing that there may be alternative means by which to achieve the Purpose and Intent of this Section, an Applicant may request a Variance to provisions of this Section in accordance with the procedures as set forth within Section 24-64 of this Chapter, except that the following shall be considered as grounds to approve such requests. (Paragraphs (c) and (d) of Section 24-64 shall not be applicable to such requests.) Requests to vary from the provisions of the Residential Development Standards may be granted, at the discretion of the Community Development Board, upon finding that: i. The proposed development will not result in excessive height, mass or bulk that will excessively dominate the established development pattern within the neighborhood or excessively restricts light, air, breezes or privacy on adjacent properties. ii. The proposed development will be compatible and consistent with the diversity of architectural styles and building forms found in Old Atlantic Beach. (f) Annual review of these Residential Development Standards. The Community Development Board shall at a regularly scheduled meeting review these provisions once yearly. Such review shall address the effectiveness of these provisions; the prior year's activity subject to these provisions and any needed revisions. The Community Development Director shall then forward a report containing any recommendations of the Community Development Board, including a summary of any public input, to the City Commission. Page 6 of 6 Ordinance 90-08-203