Item 7B
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM #7B
SEPTEMBER 13, 2004
AGENDA ITEM: Final reading and public hearing of Ordinance 31-04-04 to adopt
EAR Based Amendment to the 1990 Comprehensive Plan
SUBMITTED BY: Sonya Doerr, AICP ,,~,~
Community Development Director
DATE: September 2, 2004
BACKGROUND: The EAR Based Comprehensive Plan Amendment must be adopted
by ordinance with one additional public hearing, which is the required adoption stage
public hearing. Following adoption, the City will forward the adopted Comprehensive Plan
to DCA, and assuming there are no further objections or challenges to our amendments,
DCA will. within 20 days publish a Notice of Intent (NOI) to issue a Final Order finding the
EAR-based amendments in compliance with Chapter 163, at which time the amendments
will become effective.
~,. BUDGET: No budget issues.
RECOMMENDATION: Approval upon final reading of Ordinance31-04-04.
~" ATTACHMENTS: Memo identifying final changes as advised by DCA. Proposed
Ordinance 31-04-04, and adoption document including map series.
(A copy of the adoption .document and maps remains available for
'"'"' inspection at City Hall from the Building and Zoning counter.)
REVIEWED BY CITY MANAGER:
September 13, 2004 regular meeting
AGENDA ITEM #7B
SEPTEMBER 13, 2004
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-580G
FAX: (904) 247-5845
http://ci.atlantic-beach.fl.us
MEMORANDUM
TO: Jim Hanson, City Manager
FROM: Sonya Doerr, AICP ,~,1/
Community Development Director
DATE: August 27, 2004
REGARDING: Final revisions to Comprehensive Plan adoption document
Jim, I have continued to coordinate with the Department of Community Affairs (DCA) regazding
pending adoption of our EAR-based Comprehensive Plan amendments. DCA staff offered a few
additional comments .and suggestions related to our wetland provisions. Rule 9J-5.013 (3) F.A.C.,
Policies Addressing the Protection and Conservation of Wetlands (attached) requires that "wetlands
and the natural functions of wetlands shall be protected and conserved " through a "comprehensive
planning process "that is set forth within the Conservation Element of the Plan.
Our Plan and the proposed amendments contain numerous polices throughout, which address
wetlands. At the suggestion of DCA, I have pulled together the various provisions related to
wetlands and put them in a new Objective (A.1.2) entitled: Wetlands, Environmentally Sensitive
Areas, and Estuarine Environments. DCA also suggested that we put our existing wetland buffer
requirement in the Comp Plan, not just in the Land Development Regulations. The 25-foot buffer
requirement is now in Chapter 24-Sec. 24-103 (f).
DCA also had a question about residential use in the Central Business District. The CBD zoning
i** regulations now allow a single dwelling unit (a live/work type unit only) and also residential as a
secondary use with approval of aUse-by-Exception. DCA objected to allowing this in the Coastal
High Hazazd Area, and asked that I add the "outside the CHHA" language in the CBD policies. (The
~'""" eastern part of the CBD is in the Coastal High Hazard Area.)
The final comment related to the Capital Improvements Element. Rule 9J-5.016 requires that we
~" identify "existing revenue sources and funding mechanisms available for capital improvement
financing, such as ad valorem taxes, bonds, state funds, federal funds, gas taxes." This of course, is
included in our budget document, so with Nelson's help, I have tried to more clearly address this in a
~""' Plan policy, and I will provide DCA with the appropriate section from our budget as the required
background data and analysis.
~" I have attached the pages with underlined sections noting the above, and I do not believe that any of
these are "substantive" changes requiring another first reading. There aze no changes in the enacting
ordinance or title, and Florida Statutes require only one more public hearing to adopt, which has
`~ • been advertised for September 13~'.
AGENDA ITEM #7B
SEPTEMBER 13, 2004
9J-5.013 Conservation Element.
The purpose of the conservation element is to promote the conservation, use and protection of
natural resources.
(1) Conservation Data and Analysis Requirements. The element shall be based upon the
following data and analyses requirements pursuant to subsection 9J-5.005(2), F.A.C.
!~" (a) The following natural resources, where present within the local government's boundaries, shall
be identified and analyzed:
1. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters and air, including
'""' information on quality of the resource available from and classified by the Florida Department of
Environmental Regulation;
2. Floodplains;
'~'" 3. Known sources of commercially valuable minerals;
4. Areas known by the .local soil and water conservation district to have experienced soil erosion
problems; and
'~ 5. Areas which are the location of recreationally and commercially important fish or shellfish,
wildlife, marine habitats, and vegetative communities including forests, indicating known dominant
species present and species listed by federal, state, or local government agencies as endangered,
threatened or species of special concern.
(b) For each of the .above natural resources, existing commercial, recreational or conservation uses,
known pollution problems including hazardous wastes and the potential for conservation, use or
protection shall be identified.
(c) Current and projected water needs and sources for the next ten-year period based on the demands
~ for industrial, agricultural, and potable water use and the quality and quantity of water available to
meet these demands shall be analyzed. The analysis shall consider existing levels of water
conservation, use and protection and applicable policies of the regional water management district.
(2) Requirements for Conservation Goals, Objectives and Policies.
(a) The element shall contain one or more goal statements which establish the long-term end toward
~. which conservation programs and activities are ultimately directed.
(b) The element shall contain one or more specific objectives for each goal statement which address
the requirements of paragraph 163.3177(6)(d), F.S., and which:
~,. 1. Protect air quality;
2. Conserve, appropriately use and protect the quality and quantity of current and projected water
sources and waters that flow into estuarine waters or oceanic waters;
3. Conserve, appropriately use and protect minerals, soils and native vegetative communities
including forests; and 4. Conserve, appropriately use and protect fisheries, wildlife, wildlife habitat
and marine habitat.
~.• (c) The element shall contain one or more policies for each objective which address implementation
activities for the:
1. Protection of water quality by restriction of activities and land uses known to affect adversely the
~* quality and quantity of identified water sources, including natural groundwater rechazge areas,
wellhead protection areas and surface waters used as a source of public water supply;
2. Conservation, appropriate use and protection of areas suitable for extraction of minerals;
~"' 3. Protection of native vegetative communities from destruction by development activities;
AGENDA ITEM #7B
SEPTEMBER 13, 2004
,,. 4. Emergency conservation of water sources in accordance with the plans of the regional water
management district;
5. Restriction of activities known to adversely affect the survival of endangered and threatened
,w• wildlife;
6. Protection and conservation of the natural functions of existing soils, fisheries, wildlife habitats,
rivers, bays, lakes, floodplains, harbors, wetlands including estuarine marshes, freshwater beaches
and shores, and marine habitats;
7. Protection of existing natural reservations identified in the recreation and open space element;
8. Continuing cooperation with adjacent local governments to conserve, appropriately use, or protect
unique vegetative communities located within more than one local jurisdiction;
9. Designation of environmentally sensitive lands for protection based on locally determined criteria
which further the goals
and objectives of the conservation element; and
10. Management of hazardous wastes to protect natural resources.
(3) Policies Addressing the Protection and Conservation of Wetlands
(a) Wetlands and the natural functions of wetlands shall be protected and conserved. The adequate
and appropriate protection and conservation of wetlands shall be accomplished through a
com rehensive tannin rocess which includes consideration of the
p P g p types, values, functions, sizes,
conditions and locations of wetlands, and which is based on supporting data and analysis.
(b) Future land uses which are incompatible with the protection and conservation of wetlands and
~ wetland functions shall be directed away from wetlands. The type, intensity or density, extent,
distribution and location of allowable land uses and the types, values, functions, sizes, conditions
~ and locations of wetlands are land use factors which shall be considered when directing incompatible
land uses away from wetlands. Land uses shall be distributed in a manner that minimizes the effect
and impact on wetlands. The protection and conservation of wetlands by the direction of
,~., incompatible land uses away from wetlands shall occur in combination with other goals, objectives
and policies in the comprehensive plan. Where incompatible land uses are allowed to occur;
mitigation shall be considered as one means to compensate for loss of wetlands functions.
~..
Specific Authority 163.3177(9), (10) FS. Law Implemented 163.3177, 163.3178 FS History-New 3-
6-86; Amended 10-20-86, 5-18-94.
AGENDA ITEM #7B
SEPTEMBER 13, 2004
~* 2015 COMPREHENSIVE PLAN
!~"' Policy A.1.1.1 Land development within the City shall be permitted only where such
development is compatible with environmental limitations of the site
and only when submitted plans demonstrate appropriate recognition of
"~ topography, soil conditions, flooding conditions, trees, vegetation and
other Environmentally Sensitive Areas, including wetlands and coastal
resources, and habitat protection of rare, endangered or threatened
species and areas of unique natural beauty.
Policy A.1.1.2 The City shall maintain an inventory of lands, which possess significant
~"" environmental features, habitats, and areas of unique interest or
beauty. The potential for development proposals to adversely effect
such areas shall be considered prior to the issuance of development
`"' permits.
Policy A.1.1.3 The City shall protect potable water well fields and surface waters from
'"" the adverse impacts of development and shall prohibit the
establishment of incompatible land uses adjacent to potable water
wells. Such incompatible land uses shall include all Industrial uses,
'~ but shall also include uses, which have the potential to disturb,
contaminate or degrade wetland functions or natural systems
associated with Environmentally Sensitive Areas.
Policy A.1.1.4 The City's Land Development Regulations shall be amended by
December 31, 2005 to include provisions for wellhead protection and
'"' to address limits on activities that have the potential for contaminating
soil as well as ground and surface waters.
Objective A.1.2
Wetlands, Environmentally Sensitive Areas
and Estuarine Environments
The City shall protect, conserve and enhance the natural functions of existing
wetlands, marsh and estuarine systems, and other Environmentally Sensitive
Areas in order to maintain the quality and function of natural systems and wildlife
habitats.
Policy A.1.2.1 The City shall protect wetlands and other Environmentally Sensitive
Areas, as may be identified by Map A-2 and Map A-4 of the Future
Land Use Map Series or as may be identified by other accepted
environmental survey methodologies, and their functions from the
adverse impacts of development by maintaining required upland
buffers between wetlands and adjacent development as set forth within
this Plan and as implemented through the Land Development
Regulations.
EAR Based Amendment A-3 Future Land Use Element - GOPS
'" Adopted September 13, 2004 Ordinance Number 31-04-04
AGENDA ITEM #7B
SEPTEMBER 13, 2004
2015 COMPREHENSIVE PLAN
A natural vegetative upland buffer of twenty-five (25) feet shall be
required and maintained between development and adjacent wetlands.
Where required, such buffer shall be measured from the jurisdictional
wetland line as established by the appropriate regulatory agency.
Policy A.1.2.2 The City shall protect wetlands and estuarine environments from the
adverse impacts of development and shall prohibit the establishment of
incompatible land uses adjacent to wetlands. Such incompatible land
uses shall include all Industrial uses, but shall also include uses, which
have the potential to disturb, contaminate or degrade wetland functions
or natural systems associated with wetlands and estuaries.
Policy A.1.2.3 The City shall require that, as a condition of development approval,
new construction projects provide effective stormwater management,
which avoids the contamination or degradation of Environmentally
Sensitive Areas, wetlands, marsh and estuarine environments in
accordance with applicable water quality standards of the St. Johns
River Water Management District, the City's National Pollutant
Discharge Elimination Systems (NPDES) permit and stormwater
Management Plan and the Land Development Regulations, as may be
amended.
Policy A.1.2.4 The City shall not issue development permits that would significantly
alter wetland communities and functions.
~, Polic_y A.1.2.5 The City shall enforce all applicable wetland regulations, including
those as set forth within the Conservation and Coastal Management
Element of this Plan, .and shall continue to develop and implement
,~„ comprehensive strategies to provide for the effective protection of
wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas within and adjacent to the City.
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, 2) provides for the preservation and protection of
the dense tree canopy, and 3) which provides for varied and diverse recreational
!~ opportunities, including the preservation, acquisition and development of public
access to the beach and other water-related resources.
~•
EAR Based Amendment A-4 Future Land Use Element - GOPS
Adopted September 13, 2004 Ordinance Number 31-04-04
AGENDA ITEM #7B
SEPTEMBER 13, 2004
2015 COMPREHENSIVE PLAN
(c) Central Business District -This area contains swell-established
pattern and character of development, and permitted uses include
retail, office, restaurant, and certain entertainment uses, which
contribute to the commercial, civic and cultural vitality of the City as
illustrated within the Atlantic Beach Town Center area. The Central
Business District is an economic, cultural, historic and architectural
anchor of the City. Within the Central Business District, a single
Dwelling Unit within the same Building containing a Permitted Use,
occupied by the owner or an employee of such Permitted Use shall be
allowed, provided that such Building is not located within the Coastal
High Hazard Area. In order to sustain these qualities, new
development and redevelopment within the Central Business District
shall be reflective of the architectural styles and fabric of the area.
Consistency and compatibility with the existing built environment shall
be considered in the review and issuance of Development Permits
within the Central Business District.
(d) Light Industrial -The Light Industrial category shall be limited to light
manufacturing and production, storage, warehousing and distribution
uses as further controlled by the Land Development Regulations. Light
industrial uses may have outdoor storage and business related activity,
but such. uses shall not include processes that create negative effects
to surrounding properties due to noise, heat, fumes, debris, chemicals
or hazardous materials.
(e) Public and Semi-Public -These areas include uses such as
accredited public and private schools, government uses, buildings,
structures,. utilities and public services and infrastructure, including
police, fire and emergency services.
(f) Recreation and Open Space -These areas include public and private
parks, open space, passive and active recreation areas. All beach
areas that are seaward of private property lines shall be considered as
Recreation. Permitted uses shall include active and passive recreation
activities including bikeways and pedestrian trails, skateboard parks,
ball fields, tennis courts and the like. Public safety uses, including
lifeguards, fire, and police services may be located in Recreation
areas. The use and development of Recreation areas shall be further
controlled by the Municipal Code for the City of Atlantic Beach and the
Land Development Regulations.
(g) Residential -Residential uses shall be permitted in those areas so
designated in accordance with the applicable permitted density and as
further controlled by the Land Development Regulations and the
Florida Building Code.
EAR Based Amendment A-14
~""" Adopted September 13, 2004
Future Land Use Element - GOPS
Ordinance Number 31-04-04
AGENDA ITEM #7B
SEPTEMBER 13, 2004
2015 COMPREHENSIVE PLAN
Objective H.1.3
Public Expenditures within the Coastal High Hazard Area
The City shall not make public expenditures that subsidize land development
within the Coastal High Hazard Area other than improvements as required to
implement the Objectives and Policies identified within the Coastal Management
Element.
Policy H.1.3.1 The City shall coordinate with the appropriate agencies to ensure
improvements as appropriate and necessary to protect and re-nourish
dunes and beach areas, and to maintain or replace public facilities and
provide improved recreational opportunities.
Objective H.1.4
Funding for Capital Improvements
The City shall manage its fiscal resources and establish through revisions to its
Land Development Regulations, as required by section 163.3202, F.S. equitable
facility cost allocation and concurrency requirements in a manner that ensures
~ the City's capability to meet future capital improvement needs, which are
associated with continued development and redevelopment of the City.
Policv H.1.4.1 The Citv's annual adopted budaet. which identifies General Fund and
other revenue sources and all fund expenditures, and all governmental
debt obligations, (as set forth within the Debt Service Fund) is herebx
identified as supporting data and analysis for this Capital
Improvements Element. The annual budget shall continue to contain a
Capital Improvement Plan adequate to, at a minimum, maintain the
adopted Levels of Service as set forth within this Plan amendment.
Policy H.1.4.2 The City's annual budgeting process shall reflect immediate as well as
long-term implications of capital project expenditures in terms of trends
and projections in the City's fiscal condition, expressed public attitudes,
Comprehensive Plan provisions, and consistency with the plans of
regional service agencies, the St. Johns River Water Management
District, and other entities with whom coordination of facility planning is
appropriate. Criteria for evaluating capital project expenditures shall
include:
(a) the urgency of need based upon health, safety and welfare
considerations of the general public;
(b) the orderly scheduling to maximize funding availability; and
(c) opportunities for coordinating expenditures so as to improve
efficiency and effectiveness of public services.
EAR Based Amendment H-6 Capital Improvements Element GOPS
Adopted September 13, 2004 Ordinance Number 31-04-04
~•
AGENDA ITEM #7B
SEPTEMBER 13, 2004
2015 COMPREHENSIVE PLAN
Policy H 1 4 3 The annual budget shall include a review of two years of actual history,
an estimate for the current year the proposed year, then the final
approved budget for the following fiscal year. The adopted capital
expenditures budget shall be segregated both by program area and by
revenue fund type and shall identify existing and projected revenue
sources and funding mechanisms.
Policy H.1.4.4 The annual adopted budget_shall continue to include a yearly Schedule
of Capital Outlay and also a Long Term Financial Plan, which shall be
evaluated reviewed and adjusted during the budgeting process, as
may be necessary to correct existing deficiencies, or to address
emergency needs.
Policy H.1.4.5 The City shall review the Capital Improvements Element not less than
once annually, and funding for capital improvements shall be given
~"" priority as set forth with Table H-5, Schedule of Capital Improvements,
2004-05 through 2008-09, or as priorities may be established during
the annual review process.
Objective H.1.5
~ Sharing of Costs of Facility Improvements
Each future development project undertaken within the City shall be required to
bear a proportionate cost of facility improvements necessitated by the project in
order to maintain adopted Level of Service standards.
~,~, Policy H.1.5.1 The City shall include within its Land Development Regulations, in
accordance with section 163.3202, F.S., provisions to establish
proportionate cost assignment for improvements to public facilities as
,~. required to maintain adopted Level of Service standards.
s~
EAR Based Amendment H-7 Capital Improvements Element GOPS
Adopted September 13, 2004 Ordinance Number 31-04-04