Item 8AAGENDA ITEM # SA
JiJNE 8, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for an extension in time of previously rendered vesting
determinations from Rich and Amber Grady and Dezmond and Angela Waters to permit the
redevelopment of atwo-family dwelling on each of the owner's lots at 1820 Ocean Grove Drive and
1757 Ocean Grove Drive.
SUBMITTED BY: Sonya Doerr, AICP ,~~
Community Development Director
DATE: May 18, 2009
BACKGROUND: The City has received requests as referenced above to extend vesting
determinations that were granted in August and October of 2004, respectively. The previous vesting
determinations were substantively the same and permit the redevelopment of atwo-family dwelling
on each of the owner's lots. Both lots are on Ocean Grove Drive. As set forth within Section 24-51
of the Land Development Regulations, vesting determinations are granted for a period of five (5)
years. As such these will expire later this year. Reasons for the needed extensions are set forth in
the letters submitted by both property owners.
Staff believes that there axe extenuating circumstance in both cases, and recommends approval of the
original vesting determinations for a period of five (5) years.
RECCOMENDATION: Motion to extend terms of vesting determinations for a period of five (5)
years for construction of atwo-family dwelling at:
1757 Ocean Grove Drive; extended until August 06, 2014.
1820 Ocean Grove Drive; extended until October O5, 1014.
ATTACHMENTS: Letter of request from Mr. Waters and from Mrs. Grady with attached original
vesting determinations.
REVIEWED BY CITY MANAGER:
May 26, 2009 regular meeting
AGENDA ITEM # 8A
JCJNE 8, 2009
May 7, 2009
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
To: City Commission via Sonya Doerr-Planning and Development Department
RE: Request Extension of Vested Rights-Presently expires 8/06/2009
We have been Atlantic Beach residents since 1991 and we recently lost our home to mold and
because of this, our home will have to be torn down. Insurance companies only pay $10,000 for mold
loss-so we will have to fund the rebuild of our home ourselves. An extension to build two-family would
provide us with the time and the opportunity to rebuild what we want for this next stage of our lives.
Thank you and we appreciate your consideration in this matter.
Sincerely,
Gra Ri Grady
-.
y Own s: mb nd Rich Grady
Property Address: 1820 Ocean Grove Drive, Atlantic Beach, FL 32233
Legal Descriution
09-2S-29E-1 1820 OCEAN GROVE DR 20-020 09-2S-29E OCEAN GROVE UNIT NO 2 LOT 28 RICHARD
O/R BK 7193-1659 RE Number: 169622-0000
AGENDA ITEM # 8A
Jt1NE 8, 2009
August 06, 2004
Amber and Rich Grady
1202 Landings Loop
Tallahassee, Florida 32311-1289
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5806
FAX: (904) 247-5845
http:l/ci.atlantic-beach. fl. u s
Fig f~opr
Re: Vesting determination related to proposed two-family dwelling at 1820 Ocean Grove
Drive Lot 28, Ocean Grove, Unit 2 (RE Number 169622-0000)
Dear Mr. and Mrs. Grady:
I write in response to your request for a vested rights determination related to proposed
development of atwo-family dwelling at your above referenced property. Your lot on Ocean
Grove Drive is zoned Residential, Two-family (RG-1) and is currently designated Residential,
Medium Density by the Comprehensive Plan for the City of Atlantic Beach. The City anticipates
adoption of Comprehensive Plan amendments in September of this year, which shall change the
land use designation of your property from Residential, Medium Density to Residential, Low
Density.
You have specifically requested that this project be vested from the change in density
designation, which would limit the future development on your lot to asingle-family residence
only. Lot 28 contains 7500 square feet of lot area, and is currently of sufficient size to construct
a two-family dwelling. The change in density designation, however, will require 14,500 square
feet of lot area for new two-family dwellings.
Based upon review of information submitted with your request, the intended plan of
development for your property has been established prior to the anticipated adoption of the
change in density designation. The City finds that you are entitled to common law vested rights
exempting the proposed development from the change in land use designation from Residential,
Medium Density to Residential, Low Density in that each of the following criteria are
demonstrated.
1. An act of the government will occur. The City will adopt Comprehensive Plan
amendments in September of this year, and said amendments will change the land use
designation of your property from Residential, Medium Density to Residential, Low
Density.
Page two
Grady, Rich and Amber
August 06, 2004
AGENDA ITEM # 8A
JUNE 8, 2009
2. The property owner has relied in good faith on previous acts of the government.
Preliminary design plans have been prepared in good faith reliance on the land
use designation of Residential, Medium Density and the zoning designation of
Residential, Two-family.
3. The property owner has had a substantial change in position. The expenditure of
significant funds has been incurred in preparation of a preliminary design and site
planning.
Please bear in mind that this vesting determination relates only to the change in density
designation, and the anticipated development of atwo-family dwelling on your property. All
other applicable land development regulations and permitting requirements, which are in effect
at the time such permits are sought, shall apply to future development of this property. This
vesting determination shall remain valid for a period of five (5) years from this date. Please feel
free to call me at 904 247-5826 with any further questions.
Sincerely,
~c~h--
Sonya B. Doerr, AICP
Community Development Director
Concur: ,
•- ans rty anager
Attachments
AGENDA ITEM # 8A
JUNE 8, 2009
May 7, 2009
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
To: City Commission via Sonya Doerr-Planning and Development Department
RE: Request Extension of Vested Rights
We are requesting an extension because our son has moved out of state for career purposes.
We would like to give him the opportunity to build a townhome on our property once he settles back in
Atlantic Beach. An extension would give us that ability. It is our intention for our son to be the fourth
generation of our family to five in Atlantic Beach.
Thank you very much,
James Desmond Waters I11(father) & Angela Waters (aunt)
Signed:
`-~ ~/ s
Property Owners: Angela Waters and James Desmond Waters III
Property Address: 1757 Ocean Grove Drive, Atlantic Beach, FL 32233
Legal Description
1757 OCEAN GROVE DR 20-020 09-2S-29E OCEAN GROVE UNIT NO 2 LOT 10
RE Number:169606-0000
AGENDA ITEM # 8A
JUNE 8, 2009
October O5, 2004
James Dezmond Waters, III
1835 Seminole Road
Atlantic Beach, Florida 32233
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5806
FAX: (904) 247-5845
http://ci.atlantic-beach.fl.us
f'Cf COPY
Re: Vesting determination related to proposed two-family dwelling upon Lot 10, within
the Ocean Grove Subdivision, Unit 2
Dear Mr. Waters:
I write in response to your request for a vested rights determination related to proposed
redevelopment of your above referenced property with a new two-family dwelling. Your lot on
Ocean Grove Drive is zoned Residential, Two-family (RG-1) and is currently designated
Residential, Medium Density by the Comprehensive Plan for the City of Atlantic Beach. The
City has adopted Comprehensive Plan amendments, which when effective upon issuance of a
Final Order from the Department of Community Affairs, shall change the land use designation of
your property from Residential, Medium Density to Residential, Low Density.
You have specifically requested that the proposed development project be vested from the
change in density designation, which would limit the future redevelopment of your lot to a
single-family residence only. Lot 10 contains 7500 square feet of lot area, and is currently of
sufficient size for two dwelling units. The change in density designation, however, will require
14,500 square feet of lot area for new two-family dwellings.
Based upon review of information submitted with your request, the intended plan for
redevelopment of your property has been established prior to the effective date of the change in
density designation. The City finds that you, or your successor or assigns, are entitled to
common law vested rights, for a period of five (5) years, exempting the proposed development
from the change in land use designation from Residential, Medium Density to Residential, Low
Density in that each of the following criteria are demonstrated.
1. An act of the government will occur. The City will adopt Comprehensive Plan
amendments in September of this year, and said amendments will change the land use
designation of your property from Residential, Medium Density to Residential, Low
Density.
Page two
Mr. Waters
October O5, 2004
AGENDA ITEM # 8A
JUNE 8, 2009
2. The property owner has relied in good faith on previous acts of the government.
Preliminary design plans have been prepared in good faith reliance on the land
use designation of Residential, Medium Density and the zoning designation of
Residential, Two-family.
3. The property owner has had a substantial change in position. The expenditure of
significant funds has been incurred in preparation of a design and construction
plans.
Please bear in mind. that this vesting determination relates only to the change in density
designation, and the anticipated redevelopment of your property with two dwelling units. All
other applicable. land development regulations and permitting requirements, which are in effect
at the time such permits are sought, shall apply to future redevelopment of this property. This
vesting determination shall remain valid for a period of five (5) years from this date. Please feel
free to call me at 247-5826 with any further questions.
Sincerely,
~~_
~~ (J
Sonya B. Doerr, AICP
Community Development. Director
Concur:
Jim H son, ity Manager
Attachments