Item 8GAGENDA ITEM # 8G
OCTOBER 13, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Administrative rezoning (initiated by the City) from RG-2 (Multi-family)
to CM (Commercial) to make the Zoning Map consistent with the established use and the
Commercial Comprehensive Plan designation for five parcels on the south side Sturdivant
Avenue between Seminole Road and Pine Street, as shown on the attached map. All
combined, these parcels consist of 0.68 acres.
SUBMITTED BY: Sonya Doerr, AICP ,~~
Community Development Director
DATE: September 25, 2008
BACKGROUND: The property proposed to be rezoned by the City was assigned multi-
family zoning at the time zoning was first established in the City in 1959. With the exception
of two older duplexes, all of these parcels have for many years contained businesses or provide
the parking for the adjoining businesses that front on Atlantic Boulevard. While these two
duplexes could be rebuilt after this zoning change if the property owner wished to do so, this
would not seem to be a preferred place to live given the busy commercial character of the
surrounding area.
The purpose for this change is to make the zoning designation consistent with use of these
parcels and with the Comprehensive Plan designation, which is Commercial. The current RG-
2, multi-family residential zoning could prohibit the redevelopment or expansion of the
businesses that have long existed in this area. This change is zoning is directly related to one
of the issues identified during our Comprehensive Plan Evaluation and Appraisal (EAR)
process, which states the following:
Remove Regulatory obstacles. While the City is only 4 square miles in size with no true
urban core and no opportunity for urban sprawl, redevelopment of urban commercial and
residential areas and infill development where appropriate are very important issues for the
City. Obstacles which discourage redevelopment should be identified and removed from the
Comprehensive Plan and Land Development Regulations. The Community Development
Board recommended approval of this change in zoning at their July 15th meeting.
RECOMMENDATION: Direction to staff to schedule proposed rezoning Ordinance Number
90-08-207 for action.
ATTACHMENTS: Proposed Ordinance Number 90-08-207 and minutes of the July 15th
Community Development Board meeting.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
October 13, 2008 regular meeting
AGENDA ITEM # 8G
OCTOBER 13, 2008
ORDINANCE NUMBER: 90-08-207
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, STATE OF
FLORIDA, REZONING THOSE AREAS SHOWN ON THE
GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM
RESIDENTIAL, MULTI-FAMILY (RG-2) TO COMMERCIAL
GENERAL (CG), PROVIDING FINDINGS OF FACT, REQUIRING
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the change in Zoning District designation enacted by this ordinance shall
provide for orderly growth; encourage the most appropriate use of Land; protect and conserve
the value of property; and serve to accomplish and implement the goals and objectives of the
Comprehensive Plan, and
WHEREAS, after required notice, public hearings were held on the 15th day of July,
2008 at 6:OOpm and on the th day of October, 2008 at 6:OOpm to hear and enact said
Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:
1. This change in Zoning District designation from Residential General, Multi-family
(RG-2) to General Commercial (CG) is consistent with the Comprehensive Plan and the
Future Land Use Designation, which is Commercial
2. This change in Zoning District designation to Commercial General (CG) is supportive
of urban commercial infill development and removes potential obstacles which could
discourage appropriate redevelopment.
3. This change in Zoning District designation to Commercial General (CG) is consistent
with Section 24-112 of the Land Development Regulations for the City of Atlantic
Beach.
4. This change in Zoning District designation to Commercial General (CG) is consistent
and compatible with surrounding development.
5. This change in Zoning District designation implements Policy A.1.9.2 of the
Comprehensive Plan which directs the City to amend its Land Development
Regulations as appropriate to effectively implement the land use classifications as
adopted on the Future Land Use Map.
Page 1 of 3 Ordinance 90-08-207
AGENDA ITEM # 8G
OCTOBER 13, 2008
SECTION 2. Pursuant to this change in Zoning District designation, the Zoning
District classification of those lands within the City of Atlantic Beach, limited to those lands as
depicted on the Geographic Location Map, attached as EXHIBIT A are upon enactment of this
Ordinance reclassified from Residential, Multi-Family (RG-2) Commercial General (CG.)
SECTION 3. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 4. This ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the change in zoning classification
shall be recorded on the official Zoning Map as maintained in the Building, Zoning and
Community Development Department by the Community Development Director or designated
administrative official.
Passed on first reading by the City Commission of the City of Atlantic Beach this 13th
day of October, 2008. Passed on final reading and public hearing this _th day of
October, 2008.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA BARTLE, CMC
City Clerk
Page 2 of 3 Ordinance 90-08-207
AGENDA ITEM # 8G
OCTOBER 13, 2008
EXHIBIT A
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Sturdivant Avenue Zoning Map Change
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Page 3 of 3 Ordinance 90-08-207
AGENDA ITEM # 8G
Minutes of the July I5, 2008 regular meeting of the Community Development Board OCTOBER 13, Zppg
a. REZ-2008-O1. Administrative rezoning from RG-2 (multi-family) to CM
(Commercial) to make the Zoning Map consistent with the established use and the
Comprehensive Plan designation for parcels totaling .68 acres on the south side
Sturdivant Avenue between Seminole Road and Pine Street.
Ms. Doerr introduced the item, and explained that this change in zoning was initiated by the
City to make the zoning designation consistent with the longstanding uses in this area and the
Comprehensive Plan which has designated this area as Commercial since 1990. Ms. Doerr
continued to explain that these scattered few parcels have been zoned multi-family for as long
as zoning has existed in Atlantic Beach, and that she is aware of no good explanation as to
why these few lots on this side of the street are zoned multi-family where everything else
between Sturdivant and Atlantic Boulevard is zoned Commercial. She noted that other than
two older duplexes, there are only commercial uses and a few vacant lots along the south side
of Sturdivant for its entire length.
Mr. Lambertson addressed the status of the two duplexes asking Ms. Doerr to confirm that
those could be replaced if the owners wished to do so. Ms. Doerr confirmed that, yes; the
Code provides that duplexes that were legally existing prior to 2002 could be replaced if the
owners wished to do so.
Mr. Hansen asked about the need to do this, noting that the Comprehensive Plan designation
was commercial. Ms. Doerr concurred that the zoning needed to be made consistent with the
land use map designation, and that it was also an effort to be proactive and "remove obstacles
that might prevent appropriate redevelopment" as we discussed during the EAR process. She
explained that the existing businesses that front on Atlantic Boulevard might be prevented
from expanding their businesses since the rear half of their properties are zoned multi-family
residential. They would be entitled to the change in zoning in any case because of the Comp
Plan designation, but the rezoning process could result in a significant delay in time. Mr.
Adams commented that this seemed to be a housekeeping item that we should take care of
before it causes a problem. Ms. Doerr agreed. Mr. Lambertson opened the floor to public
comment.
Bruce McKenzie, 148 Magnolia Street, addressed the Board stating his distrust for the City
and wanted to know "what the City was doing to them" with this change. Mr. McKenzie
continued to express his dissatisfaction with the City regarding this and unrelated matters.
Chris Farrin identified herself as an owner of one of the duplexes and questioned the ability to
rebuild and continue to rent these. Mr. Lambertson reiterated that by City Code, she was
entitled to maintain or rebuild her duplex as long as she wished to. She stated that she felt the
lots should be left as they are because people use them for parking now, and that she was
offended at the comment that these were not nice places to live. Mr. Lambertson commented
that this was not the intent, but that this comment only addressed that there were businesses
and a lot of traffic surrounding these two duplexes. She stated that she had spent a lot of
money to fix-up her property and planned to live there someday.
With no other comment from the public, Mr. Lambertson asked for further comment from the
Board. Ms. Glasser commented that this seemed wholly consistent with what we discussed
during the EAR workshop, and that the zoning needs to match the Comprehensive Plan. Ms.
Glasser made a motion to recommend approval to the City Commission of the change in
zoning from RG-2 to CG; Mr. Putterman seconded the motion. The motion carried
unanimously.
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