Item 8BAGENDA TI'EM # 8B
SEPTEMBER 14, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Transmittal Hearing for proposed Evaluation and Appraisal Report (EAR) based
amendments to the Comprehensive Plan. Proposed updates to the Comprehensive Plan are now ready
for transmittal to the Department of Community Affairs and other State agencies for their review and
comment prior to the final Adoption Phase of//the proposed updates.
SUBMITTED BY: Sonya Doerr, AICP ~4.6~
Community Development Director
DATE: August 18, 2009
BACKGROUND: The Community Development Board completed their review of the proposed
updates to the Comprehensive Plan at their July meeting and recommended transmittal of the proposed
amendments. (Because we are well within the required time frame for completing the EAR-based
amendment process, we have held off a bit on the transmittal hearing pending completion of the City's
budget meetings.)
The Transmittal Hearing provides yet another opportunity for public input in this long process. Three
public meetings were held with the Community Development Board, and the "Adoption Phase" will
include at least one additional public hearing. The transmittal hearing is the point at which the local
governing body concurs that the draft is substantially complete and ready to be transmitted to DCA
and the other State agencies (listed below) for their review and comment.
• Florida Department of Environmental Protection
• Florida Department of Transportation
• Florida Fish and Wildlife Conservation Commission
• Department of State
• St. Johns River Water Management District
• Northeast Florida Regional Council
• Department of Education
Once the draft is received by DCA and the other agencies, DCA will within 60 days compile and issue
the Objections, Recommendations and Comments (the "ORC") report. The City will then have 120
days to make any further needed revisions and adopt the amended Plan, which will be the City's 2010-
2020 Comprehensive Plan.
RECOMENDATION: Motion to direct transmittal of proposed EAR-based amendments to the
Comprehensive Plan in accordance with Chapter 163, Florida Statutes. Alternatively, the City
Commission may direct staff to schedule a workshop to review the proposed amendments.
ATTACHMENTS: Community Development Board minutes, summary of proposed amendments,
and updated maps. Draft text documents (the elements) have been previously provided to the City
Commission. Text and Maps are available for review at City Hall and have been on the City's website
for approximately a month.
REVIEWED BY CITY MANAGER e'
September 14, 2009 regular meeting
AGENDA ITEM # 8B
SEPTEMBER 14, 2009
Minutes of the May 19, 2009 regular meeting of the Community Development Board
b. Public Hearing to consider proposed Evaluation and Appraisal Report based amendments
to the Comprehensive Plan.
Ms. Doerr reminded Board members that last summer they had participated in the review of the
existing Comprehensive Plan. Input from this Board, the City Commission, staff and residents,
along with numerous outside agencies resulted in the identification of five key issues for Atlantic
Beach. Discussion of those issues and plans to address them were the subject of the resultant
Evaluation and Appraisal Report (EAR), which was reviewed and accepted by the Department of
Community Affairs (DCA) as the basis for amendments to the Comp Plan. Thus, the next step is
to amend the Comp Plan with new or revised policies which successfully address those issues
raised in the EAR. Ms. Doerr explained that staff has been working diligently on those
amendments, and over the next few meetings, the proposed updates will be brought to the Board
for review and public comment. The amount of time it takes to work through them will be
dependent upon the amount of public participation as well as the amount of CD Board and City
Commission discussion. At the appropriate time, the CD Board, in its role as the Local Planning
Agency, will make a recommendation to the City Commission to transmit the proposed
amendments to the DCA for review.
Ms. Doerr explained that tonight's presentation would be of the Future Land Use Element, the
Coastal/Conservation Element and the Recreation and open space Element. She began by
clarifying a statement made at the May meeting regarding current regulations and stormwater
facilities. All new development must comply with the Land Development Regulations regarding
stormwater discharge. There must be no change in impact from pre- to post-development. This
means that if a property is redeveloped, it can continue to discharge the same amount it
previously discharged, but no more than that. Any increase in stormwater discharge must be
accommodated per the regulations.
Ms. Glasser said she was curious about A.1.3.4 (page A.7), and asked, with the acquisition of the
Buckman property, if the intent was to restrict private vendors from providing kayak and canoe
rentals, ad similar services. Ms. Doerr replied that was not the intent, and added that, as the City
develops a Master Plan for the preserve, it is contemplating involvement of such vendors.
Ms. Doerr noted that there are a lot of references to energy efficiency throughout all the elements,
and explained that this arises out of last year's House Bi11697, which requires the development of
energy efficient land use development patterns. Much of this is not relevant since Atlantic Beach
is such a small town and is effectively built out, but the language is still included at the
recommendation of DCA. She also noted that a number of time-specific policies are struck-
through and are being deleted because they have been accomplished.
The Board worked through the Future Land Use Element, noting and discussing the following
changes.
The new language in policy A.1.7.2 (page A-11) is merely for clarification purposes, and does not
create additional requirements. Policy A.l .8.3 (page A-12) is the new definition for Coastal High
Hazard Areas. While we have the defmition of what it is, we are still waiting for the actual
boundaries to be generated so that we can depict them on a map. In Policy A.1.10.2 (page A-13,
in relation to environmentally sensitive areas, the term "disturb" has been removed because of the
vagueness of it. Instead, it is being established that the quantity of wetlands cannot be
diminished.
Policy A.1.10.5 (page A-13) further defines the project area and purpose the Mayport Corridor.
Language contained in policies A.1.11.1 (h) Electric Distribution Stations & (i) Public Schools
Page 4 of 5
AGENDA ITEM # 8B
SEPTEMBER 14, 2009
Minutes of the May 19, 2009 regular meeting of the Community Development Board
(page a-17) is state-mandated, as is the language contained in objective A.1.14 (page A-19),
regarding energy efficiency and energy conservation. Ms. Doerr noted that the Florida Building
Code is evolving to include more "green standards" and those would play a large part in
implementing these policies.
Ms. Glasser asked about the verbiage of some of the issues and inquired if Atlantic Beach was
sharing responsibility with the City of Jacksonville (COJ), such as in the Mayport Corridor effort.
Ms. Doerr said that many of the initiatives that have arisen out of the Mayport Corridor project
have been cross jurisdictional, and that Jacksonville has adopted a parallel ordinance for the
commercial portion of Mayport Road that is within COJ's jurisdiction.
The Board next reviewed the Conservation and Coastal Management Element. Ms. Doerr noted
that the language of policies D.1.4.4 and D.1.4.5 (page D-4) is statutorily required even though
the City does not anticipate the development of marinas within its jurisdiction. Policy D.2.1.2
(page D-5) adopts a standard 12-hour hurricane evacuation time in the event of a category 5
storm. Otherwise, the City would have to conduct extensive studies and develop an explicit
disaster management plan.
Objective D.2.2 (pages D-6,7) has been revised with the completion and deletion of several
policies as well as clarification of language regarding reconstruction and compliance with
applicable Land Development Regulations, Florida Building Codes and Coastal Construction
Codes in policy D.2.24 and inclusion of the new definition of Coastal High Hazard in D.2.2.5.
Objective D.3.5 (pages D-11,12) has been enhanced with language specific to the acquisition and
intended use of the Buckman tract, now official named the "River Branch Preserve".
The Board next reviewed the Recreation and Open Space Element. Ms. Doerr noted that the
major changes to this element include an updated inventory of recreation/open spaces and
facilities & amenities available for public use. She directed the Board to proposed policy E.1.2.9
(page E-6) and noted that while this has been a recurring discussion, it has met with opposition
over the years. However, Hanna Park is an extremely underutilized facility, the benefits of which
could be greatly realized by Atlantic Beach residents if only they had convenient access.
Additionally, policies E.1.2.3 (page E-6) and E.1.3.2 (page E-7) set the proposed minimum
standard width for sidewalks and pathways at eight (8) feet, so as to encourage connectivity,
recreational activities, and alternative modes of transportation.
MOTION: Blaine Adams moved that the Board recommend transmittal of proposed
amendments to the Future Land Use Element, the Recreation and Open Space Element and
the Conservation and Coastal Management Element of the 2015 Comprehensive Plan as
presented, to the City Commission, finding that these amendments are consistent with and
address the key issues identified as part of the Evaluation and Appraisal Report process
and/or they are required by State Growth Management law. Lynn Drysdale seconded the
motion and it carried unanimously, 6-0.
Page 5 of 5
AGENDA ITEM # 8B
SEPTEMBER 14, 2009
Minutes of the June 16, 2009 regular meeting of the Community Development Board
a. Public Hearing to consider proposed Evaluation and Appraisal Report based
amendments to the Comprehensive Plan.
Ms. Doerr reminded the Board and audience that this is the second of several meetings to
review proposed updates to the Comprehensive Plan. At the appropriate time, the
Community Development Board, acting in its capacity as the Local Planning Agency,
will make a recommendation to the City Commission to transmit the proposed
amendments to the Department of Community Affairs (DCA) for review, after which
DCA will issue an Objections, Recommendations and Comments (ORC) report to the
City.
Ms. Doerr also reported that Senate Bi11360, which had broad and sweeping implications
for Growth Management in Florida, had been signed into law last week. One area of
significance for Atlantic Beach is transportation concurrency. For the most part, the
existing concurrency system does not work for communities such as Atlantic Beach that
are high density and built-out with no space for transportation improvements. As a result,
staff had looked into pursuing designation of the City as a Transportation Concurrency
Exception Area. However, the criteria and application process was complex, and word
came that the legislature was looking to bestow automatic designation on communities
found to be "dense urban land areas", defined as those having more than 1,000 residents
per square mile. With slightly more than 13,000 residents and only about 4 square miles,
the passage of SB 360 guarantees that Atlantic Beach will now be designated as a TCEA.
Still, DCA is in the process of working out the details, and in the mean time, has directed
those affected communities in the midst of EAR-based amendments to continue without
consideration of the TCEA status, and they will be advised as to appropriate measures
and actions in the future.
Thus, Ms. Doerr continued, the Transportation Element before the Board tonight merely
consists of minor revisions, including version dates of this document and reference
manuals, name changes of organizations and/or agencies, updated traffic counts and
projection models, and inclusion of newly mandated language for "energy efficient"
growth. With no comments or questions, Ms. Doerr moved on to the Infrastructure
Element.
Ellen Glasser, referring to Policy C.2.1.2, noted that there had been discussion amongst
Board members during recent meetings regarding this provision. She asked if this was a
change to existing policy, to which Ms. Doerr replied no, that it was just a clarification of
the existing policy. Ms. Doerr then turned the floor over to Mr. Carper who gave a brief
history of the stormwater facility provision, explaining that it had been codified in 2002,
upon recommendation of the engineers for the Core City project, and that it had been
enforced since his tenure as City Engineer began in 2004. He said that he realized that
there are added development costs, and it is often seen as onerous, especially by those
building on previously vacant lots. However, Mr. Carper went on to explain that the
onsite retention required for any net increase in stormwater runoff is calculated to
accommodate up to a 25-year storm, which would be the equivalent to 9.3" in a 24 hour
period. He noted that last year's Tropical Storm Faye dumped 8.5" of rain on Atlantic
Beach within a 24 hour period, and thus could be classified somewhere between a 15-
and 25-year storm, and because of the Core City improvements and the subsequent
Page 2 of 8
AGENDA ITEM # 8B
SEPTEMBER 14, 2009
Minutes of the June 16, 2009 regular meeting of the Community Development Board
implementation of the net-increase retention requirements, the system as a whole had
operated just as it was designed.
Ms. Glasser thanked Mr. Carper for the background information, and with no additional
questions or comments, Ms. Doerr asked Ms. Kaluzniak to give a brief overview of
impending changes to the water/wastewater system due to state mandates. Ms. Kaluzniak
explained that the biggest driver of infrastructural changes for her department is the
implementation of Total Maximum Daily Loads (TMDLs), which limits the amount of
nitrogen that wastewater plants can discharge. Subsequently, the City is embarking on a
nearly ten million dollar upgrade to the municipal wastewater system. Ms. Kaluzniak
said that extensive studies had preceded this decision, and that upgrade of the Sandpiper
plant, and eventual decommission of the Wonderwood plant turned out to be the most
cost effective solution. Ms. Glasser asked what would happen to the Wonderwood site,
and Ms. Kaluzniak said that eventually, the plant, with exception to the pumping station,
would be demolished and the property would be sold.
With no other questions or comments on transportation or infrastructure, Ms. Kaluzniak
and Mr. Carper excused themselves from the remainder of the meeting. Ms. Drysdale
moved on to the Housing Element. Ms. Doerr explained there were only a few minor
changes, adding references to the International Property Maintenance Code (IPMC) and
the recent redevelopment initiatives in the Royal Palms and SeaSpray subdivisions, as
well inclusion of the mandated "energy efficient" growth language noted during the
earlier discussion of the Transportation Element. Mr. Adams asked what is the
International Property Maintenance Code and Ms. Doerr explained it is another tool for
ensuring that properties, especially structures, are maintained clean and safe and
habitable. She said that it used primarily by the Building Department and Code
Enforcement.
The Board next moved to the Intergovernmental Coordination Element. Ms. Glasser
questioned the meaning of "annexation" within the context of Policy G 1.1.3, asking if
this was boilerplate language, or if the City intended to annex something. Ms. Doerr
replied that there is a large and extensive Inter Local Agreement (ILA) between the City
of Jacksonville and the Beach Cities & Baldwin, due to the consolidated government, and
that ILA has very specific language requirements, as does the statutes that govern the
ILA, as well as new provisions of SB 360. However, Ms. Doerr noted that there has been
an ongoing interest by the Mayor and City Manager to annex the Selva Marina Country
Club golf course property, though there was nothing in the works. Ms. Glasser asked did
the City not already take credit for the golf course in meeting our recreational
requirements. Ms. Doerr explained that credit can be taken for what are designated as
regional facilities. With no further questions or comments, Ms. Drysdale called for a
motion.
MOTION: Ellen Glasser moved that the Board recommend transmittal of proposed
amendments to the Transportation Element, the Infrastructure Element, the
Housing Element, and the Intergovernmental Coordination Element as presented,
to the City Commission, finding that these amendments are consistent with and
address the key issues identified as part of the Evaluation and Appraisal Report
process and/or they are required by State Growth Management law. Blaine Adams
seconded the motion and it carried unanimously, 5-0.
Page 3 of 8
AGENDA ITEM # 8B
SEPTEMBER 14, 2009
Draft Minutes of the July 21, 2009 regular meeting of the Community Development Board
a. Public Hearing to consider proposed Evaluation and Appraisal Report based
amendments to the adopted Comprehensive Plan Map Series.
Ms. Doerr reminded the Board and audience that this is the third of several meetings to
review proposed updates to the Comprehensive Plan. At the appropriate time, the
Community Development Board, acting in its capacity as the Local Planning Agency,
will make a recommendation to the City Commission to transmit the proposed
amendments to the Department of Community Affairs (DCA) for review, after which
DCA will issue an Objections, Recommendations and Comments (ORC) report to the
City.
Ms. Doerr explained that the Comprehensive Plan consists of two parts, the text which is
the definitive and authoritative, and the maps which are presumptive but serve an
important role in conveying a great deal of information that is more easily digested by the
general public. The subject of this night's meeting is the map series. For the most part,
the map amendments consist only of data updates. However, Ms. Doerr noted that the
City now has staff with GIS expertise, and thus the overall quality of the map series was
being significantly improved.
• Map A-1-the Future Land Use Map (FLUM)
The FLUM is the probably the most used map of the series, in that it future land
use guides everything else that happens within the City. Ms. Doerr pointed out
two "housekeeping" changes to the FLUM. The first change designates the
beachfront as Recreation/Open Space (R1O). Ms. Doerr noted that the beach has
always been assigned this designation within the text, but apparently during the
last EAR-based amendments (2004), the area was inadvertently omitted from the
FLUM. The second change designates Tideviews Preserve and adjacent parcels
as R/O. Currently, a portion is designated Residential Low Density (RL) and a
portion is designated Commercial (CM). Ms. Glasser asked if what would be the
consequence of this change, to which Ms. Doerr replied none because all parcels
subject to this change are owned either by the City of Atlantic Beach, the
Jacksonville Electric Authority (JEA) or the Jacksonville Transportation Authority
(JTA), and are either vacant or they are used for recreation and/or infrastructure
facilities.
• Map A-2 -the Wetlands Map
Ms. Doerr explained that staff had incorporated the most recent data from the
Florida Department of Environmental Protection (FDEP), Saint Johns River
Water Management District (SJRWMD), the Federal Fish and Wildlife Service
(USFWS) along with parcel data from the City of Jacksonville Property Appraiser
Office to create a map far superior to the previous wetland map. Still, she noted
that this is only a "presumptive" map, meaning that any proposed development in
an area shown on this map to contain wetlands will require the applicant to
provide a formal wetland delineation and environmental assessment. Mr. Boyer
asked about a portion of the beach area (southeast corner of town) not classified.
Ms. Hall responded that none of the available data extended to the City Limits in
that area and thus there is a hole. However, that area is within the Coastal
Construction Control Zone, so any development there already has to go through
additional reviews at the state (FDEP) level prior to local permitting. Blaine
Page 2 of 5
AGENDA ITEM # SB
SEPTEMBER 14, 2009
Draft Minutes of the July 21, 2009 regular meeting of the Community Development Board
Adams [who also works in GIS] concurred that this data was not typically used on
such a large scale. Ms. Glasser asked if any of the areas denoted as possible
wetlands were currently targeted for development. Ms. Doerr pointed out the
Selva Preserve parcel, and Ms. Hall mentioned the commercial property that was
previously considered for a Hampton Inn.
• Map A-3 -the Coastal High Hazard Area (CHHA) Map
Ms. Doerr pointed out that this map is not yet complete, as staff is waiting on the
State to accept the results of a SLOSH Model (Sea, Lake and Overland Surges
from Hurricanes Model) being run by the National Hurricane Center, to define the
boundaries of the CHHA, per legislation previously enacted. This is the end stage
of a multi-year process which included the statewide collection and processing of
LiDaR (Light Detection and Ranging) data and the running of the SLOSH Model.
It is anticipated that the CHHA boundaries will be released within the next couple
of months, and that data will then be incorporated into the CHHA map frame,
which currently is merely a place holder on the page. Ms. Hall noted that she four
smaller frames along the bottom of the page, showing assessments for wind risk,
flood risk, surge risk and combined risk, all based upon current data from FDEP,
as well as the Federal Emergency Management Agency (FEMA) and the National
Oceanic and Atmospheric Administration (NOAA).
• Map A-4 -the Environmentally Sensitive Areas (ESA) Map
Ms. Doerr said as with the Wetlands Map, staff had extracted data from a number
of state, regional and federal resources to create a far superior ESA map, which is
reflective of the definition contained in the text of the Future Land Use Element.
Mr. Adams asked what the data requirements were for these maps, to which Ms.
Doerr responded "best available".
• Map B-1-the Transportation Facilities Map
Ms. Doerr explained that this map simply depicts the streets and roads within the
City and assigns a Functional Classification to each according to Florida
Department of Transportation (FDOT) definitions.
• Map C-1-the Potable Water Wells Map
Ms. Doerr explained that this map depicts the location of existing potable water
wells, as well as water & sewage treatment plants and wellfields within the City's
service area. Ms. Hall noted that there is also a proposed well in the northwest
quarter of the 145 Walter Road map frame, and Ms. Doerr said that well is
currently in the permitting process. Mr. Lambertson asked Ms. Doerr to explain
wellhead protection, to which Ms. Doerr replied that wellhead protection zones
restrict the location of potential sources of contamination in close proximity to
public water supplies.
Mr. Lambertson opened the hearing to public comment. Having no one come forward, he
closed that portion of the hearing and opened discussion to the Board. Board members
had no further questions or comments.
MOTION: David Boyer moved that the Board recommend transmittal of the
proposed amendments to the Map Series, consisting of Maps A-1, A-2, A-3, A-4, B-1
Page 3 of 5
AGENDA ITEM # 8B
Draft Minutes of the July 21, 2009 regular meeting of the Community Development Board SEPTEMBER 14, 2009
and C-1, as presented, to the City Commission, finding that these map amendments
consist of updates to the latest, best available data and that they are consistent with
and address the key issues identified as part of the Evaluation and Appraisal Report
process and/or they are required by State Growth Management law. Kirk Hansen
seconded the motion and it carried unanimously, 5-0.
Mr. Lambertson complimented staff on the nice job they had done pulling all the data
together and presenting it in a comprehensible manner. Mr. Adams added that the maps
were comparable to those produced by many municipalities with greater resources, and
he recommended that they be submitted to the ESRI Southeast Regional User Group's
(SERUG) annual map contest, noting that the Saint Johns County GIS department had
won a number of competitions during his tenure there. He added that it would be a credit
to staff's technical knowledge and hard work, as well as bring recognition to Atlantic
Beach's dedication to using the technology for decision-making and improved
communications with its citizenry.
Page 4 of 5
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