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Item 8B CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #8B NOVEMBER 8, 2004 ~„ AGENDA ITEM: Request from Beaches Habitat for a Waiver from the Subdivision Regulations to allow development of individual lots to begin prior to final completion and acceptance of street, drainage and utility improvements. SUBMITTED BY: Rick Carper, P.E. Director of Public Works DATE: 11 /8/2004 BACKGROUND: The subdivision plat for the Cornell Two / Scheidel Court project was approved by the City Commission in May of this year. The COAB Zoning, Subdivision and Land Development Regulations require that road, drainage and utility improvements be `~" completed and accepted by the City prior to issuing building permits for development of individual lots. See attached Sections 24-235 and 24-252 (c). ~'" Beaches Habitat is requesting that the City waive this requirement in order to make best use of several volunteer opportunities, totaling many volunteer man-hours, for construction labor that will not be available at the time the project would meet the standard requirements to allow individual home construction. Beaches Habitat has proposed providing an Assurance Bond to guarantee proper completion of improvements. In addition, they concur with a prohibition for issuance of Certificates of Occupancy for all homes constructed under this waiver until a certificate of completion has been issued for all required improvements. RECOMMENDATION: Staff recommends the Commission authorize the requested waivers. ~, The Public Works Director shall be responsible for coordinating with Beaches Habitat to ensure all improvements are properly constructed, documented, and accepted by the City for maintenance and operation. The Community Development Director also recommends ~„ approval of the request finding that approval supports the following policy from the Housing Element of the Comprehensive Plan. Policy F. 1.1.5 The City shall continue to provide assistance and incentives where possible to encourage new affordable housing and preservation of existing housing stock through the CDBG funded housing rehabilitation program and through assistance to organizations such as Beaches Habitat and Builders Care. ATTACHMENTS: Beaches Habitat Waiver request Letter dated October 28, 2004 Application for Subdivision Waiver by Beaches Habitat with attachments. BUDGET: There is no budget impact to the waiver request. REVIEWED BY CITY MANAGER: AGENDA ITEM #8B NOVEMBER 8, 2004 COAB Zoning, Subdivision and Land Development Regulations -Subdivision Regulations (emphasis added) Sec. 24-235. Issuance of certificate of completion. Upon completion of construction of all required improvements, the developer shall provide the building official the following. (1) A letter stipulating that the construction of the improvements has been completed and requesting final inspection and approval. (2) The testing reports and certificates of compliance from material suppliers specified in this article. (3) Three (3) sets of as-built construction plans. (4) Certification from a registered engineer, with his seal affixed, that the improvements have been constructed in conformity with the approved construction plans. ~5) Upon receipt and review of the above items, and after satisfactory final inspection, a certificate of completion shall be issued by the building official. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-252. Streets +~• (c) Access to paved streets required. Every lot, development parcel or new subdivision shill have access to a paved street dedicated to public use, which has been accepted and maintained by the city. It shall be the responsibility of the developer to design, construct and pave streets in accordance with the requirements of division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city and prior to the issuance of any building permit to develop individual lots or parcels. ~' iT4T1 I;eaches Ha~-itat Habitat for Humanity of the Jacksonville Beaches, Inc. AGENDA ITEM #8B NOVEMBER 8, 2004 October 28, 2004 Ricky L. Carper, P.E. Director of Public Works/City Engineer City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233 Re: Scheidel. Court Application far Subdivision Waiver Dear Mr. Carper, The purpose of this letter is to request the support of the City of Atlantic Beach Public Works department for our application to the City of Atlantic Beach commission to waive Sec 24-252 paragraph (C) of the Land Development Regulations. The reasons for this request are as follows: A realistic estimate of attaining the required certificate of completion for the Scheidel Court subdivision is April 2005.. Beginning house construction at this time will cause Beaches Habitat to cancel such events as: o Building on the Dream (community effort of approx. 200 volunteers on one Saturday.) o Collegiate Challenge (national program that will bring in an estimated 6,000 community service hours and allows college students an alternative spring break experience) o RV Care-A-Vanners (national program that will bring in an estimated 1,200 community service hours) • Currently, Beaches Habitat has had to reduce regular Saturday volunteers from 40 to 25 based on a recent reduction in the number of available houses to work on. Further delay on the availability of houses in Scheidel Court for house construction will only worsen this already undesirable situation. • There are alternative measures that can be taken to ensure the City of Atlantic Beach a quality road and utility construction. These are: o Requiring Beaches Habitat to provide an assurance bond on the construction work. ~' This is a measure that City of Jacksonville requires and has proved successful in the past. For the purposes of the Scheidel Court development, this will have a value of approximately $250,000. ~"'"" o Allow house construction, but disallow certificate of occupancy for houses built in the S/D until certificate of completion is attained for road and utility work. f P.O. Box 50939 Jacksonville Beach, Florida 32240 (904) 241-1222 ~• AGENDA ITEM #8B NOVEMBER 8, 2004 Ricky L. Carper, P.E. ~"' Director of Public Works Page 2 of 2 ~"" Beaches Habitat would. also like to point out that the reasons for our request are unique from what one would expect from a usual developer. Our need for this waiver is based upon the timing of Collegiate Challenge and our need to have work available for the college students. Should you or you staff have comments or require additional information, feel free to contact us at your convenience (241-1222). Since y, C ~ Charles E. Kennedy. F.E. , , Site Acquisition Committee cc: Ralph Marcello AGENDA ITEM #8B ,___.___.._.._._..._..___ NOVEMBER 8, 2004 . ,.._ r- r1 ~"~~1~~l'f 1 ~ ~ i :'" ,.. ~ ~. i"~ ij ~J ~ Sal l ~ `,Jill'' i .. ~~~.. ~Y: ~~....._.._ _...~._.._.~_.. APPLICATION FOR SUBDIVISION V~-AIVER- City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233 Phone: (904) 247-5800 FAX (904) 247-5805 http://wvvw.coab.us Date ~~ ~ 2. ~' O File No. strip ' ~ r~ Receipt 1. Applicant's Name •~,~g~'~'A-c ~~ ~~ ~~~r~ °~ '"CI-~E .~14c::iR-5~hcV ~t~~ t~tt~-(-ir~5 2. Applicant's Address l lp~j FZl~1~C,A5 ~+f a/ a~~ i..:°~ra`~ ~- ~E14~~~ ~L ;3LZ33 3. Property Location ~r2,nfCirL ~t~.i~ 4. Property Appraiser's Real Estate Number ~ '}'~"4'~~ bCJt~~ 5. Current Zoning Classification ~~ ' ~,, 6. Comprehensive Plan Future Land Use designation 7. Requested provision(s) from which waiver is sought: L./~~p ~ E'~t ~ L~%~.7N~~ i (c'€c~~ra.~.+~"L~R='=> ~~r.~'1~.~ 'Z~ - 'ZS 2 C_G~ 8. Size of Parcel ~ ~© ~C..~S 9. Utility Provider C,iT~i :11' ~Tt.~'Ti-r. 1~~?,cR.Cb:. 10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. (See attached Section 24-191.) 11. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies (4) d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: ~~~- ~ ~ 5 ~~ ~~, ~~ n Mailing Address: ~ lp ~ Fri t ~1 5 H-y~ ~ ~-i_-~, a.a~`~ CJ ~ - w "~'l.- 3Z-Z3~j ~~~~~~ Phone: ~.~1 °- 1 LZ ~ FAX: z-~i - 431 E-mai1:G~Cc~-n,~~.t~~o~ ~ ~PS~i~SUCL`I-~, n ~=~- AGENDA ITEM #8B NOVEMBER 8, ?004 qR n~ ~g i~ a g~ ja ~s, ~g i~~ 3 ~ ~ eeee >>~~ m~~ 4~ ;U E ~_ ,u, „a ,~..,~ n~ ~~ ~ E i 40U. _ _ ' _ ~-~y vs~~ ~°n ~~~ s E ~ i Si07V530 i i ~ 3 t • .~ ~~ a ~Q~ ~~t ' ~ ~ ~ ~~ , J ; ~ 1 ~ / ~ ~ i ~~ , i ;~ ~ 7 ; i ~ ~~ `rte ~ ? ~ ~ ~~ ' o ~~ ~ ~~ i s~ 1~ ~ i • / ~ i ~ ~ ' t~ ~ ~ i ~ w t. ~ ~ ~ i '~ iii i ~ t_ ! ~ 1 ~ •-~ _ _.._.~.m t ~ ~~ I ~"~iFM~~+Q~~~! ~yiit~~~lY! 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