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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