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Ordinance No. 90-08-203ORDINANCE NUMBER 90-08-203 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 (~ 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 th it of Atlantic Beach the 10th day of March, 2008. Passed on final reading and public hearinl~ie 4th day of March, 2008. JO~ S. M~SERVE Mav r/Press n~ Officer to form and correctness: Attest: /' C j~Q'~Y~~1ZQ/ GY ~~~'t/J JENSEN, ESQUIRE DONNA L. BUSSEY, CMC nev City Clerk Page 1 of 6 Ordinance 90-08-203 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 (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 1 lth 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 14 located 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 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: i. 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 (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 i. 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 (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 Proposed revisions to Section 24-172. Residential Development Standards Note: Underlined,represents new text. Strikethrough represents deleted text. No changes to Sections (a) or (b)are proposed. (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. .. b ~ .. ~~ ' , pe~~~~{_2~a} ,• _ .. ~,. .u,~ .. ~. ., ' . , , . ~ < o ~ h r o „tom a n .. ~.u ii " z ' ~ +' ± s ~. _~ , b r~ ~ie i . i t avbczl p.~i1 T71-~ March 10, 2008 regular meeting No other changes to Subsection (c)are proposed. Proposed new Subsections (e) and (fl. (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 re uest5~ Requests to vary from the provisions of the Residential Development Standards may be granted, at the discretie~n 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 alid building forms found in Old Atlantic Beach (1) Annual review of these Residential Development Standards The Community :Development Board shall at a regularly scheduled meeting review these provisions once earl Such_rev~ew shall address the effectiveness of these provision 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 uicludin~ a summar~of any public input to the City Commission March 10, 2008 regular meeting