Item 7Av*
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM #7A
JANUARY 9, 2006
AGENDA ITEM: Delay of second reading of Ordinance 90-06-188 to enact a revision
~.. to the definition of Impervious Surface as contained with Section 24-17 of the Land
Development Regulations in order to forward the proposed revision to the Community
Development Board for review and recommendation as required by Chapter 14 of the
~• City Code.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~~
DATE: January 03, 2006
BACKGROUND: At the December 12, 2005 City Commission meeting, an ordinance to
revise the definition for Impervious Surface, as contained within Section 24-17 of the Land
Development Regulations, was approved upon first reading. -
Chapter 14 of the City Code requires the CD Board to make recommendations related to
changes to Land Development Regulations as such are defined by Florida Statutes (see
~, below) and the COAB Code. While the need to make certain revisions to Chapter 24,
including the definition of Impervious Surface has been generally discussed by the CD
Board, a formal review or recommendation regarding this proposed revision has not been
,~ heard by the Community Development Board.
Chapter 163.3164, Florida Statutes - Local Government Comprehensive
~* Planning and Land Development Regulation Act; definitions.
(23) "Land development regulations" means ordinances enacted by governing
bodies for the regulation of any aspect of development and includes any local
~"' government zoning, rezoning, subdivision, building construction, or sign
regulations or any other regulations controlling the development of land.
'"" ARTICLE II. COMMUNITY TEVELOPMENT BOARD
Sec. 14-20. Powers and duties.
The community development board shall have the power, duty, responsibility and
~' authority to:
(4) Recommend to the city commission proposed changes in the land use
regulations of the code.
BUDGET: No Budget issues.
RECOMMENDATION: Motion to refer proposed revision to the definition of
Impervious Surface to the Community Development Board for review and
recommendation as set forth herein and in accordance with Section 14-20 (4) of the City
Code.
,~, ATTACHMENTS: None.
REVIEWED BY CITY MANAGER:
'~ ~,~ January 09, 2006 regular meeting
ORDINANCE NUMBER 90-06-188
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH
CODE OF ORDINANCES, THE LAND DEVELOPMENT
~„ REGULATIONS, SECTION 24-17, DEFINITIONS, AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
AGENDA ITEM #7A
JANUARY 9, 2006
SECTION 1. The Zoning, Subdivision and Land Development Regulations,
~. adopted as Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by modifying Article II, Section 24-17, Definitions, Impervious Surface,
and upon enactment of this Ordinance, said definition shall read as set forth below.
Impervious Surface shall mean those surfaces that prevent the entry of water into the
soil. Common Impervious Surfaces include, but are not limited to, rooftops, sidewalks,
patio areas, driveways, parking Lots, and other surfaces made of concrete, asphalt, brick,
plastic, or any surfacing material with a base or lining of an impervious material. Wood
decking elevated two or more inches above the ground shall not be considered
impervious provided that the ground surface beneath the decking is not impervious.
Pervious areas beneath roof or balcony overhangs that are subject to inundation by
stormwater and which allow the percolation of that stormwater shall not be considered
impervious areas.
The water surface area of
swimming pools along with concrete bulkheads shall be considered impervious.
Additionally, le- decking around a pool maybe considered impervious depending
upon materials used. Surfaces using pervious concrete or other similar open grid paving
systems shall be calculated as fifty percent (50°Io) Impervious Surface, provided that no
barrier to natural percolation of water shall be installed beneath such material. Open ~i•id
Pavers must be installed on a sand base, without lrner m order to be considered 50~/~
irn~ervious.
Unless otherwise and s~ecificall}~ provided for in these Land Development Re<,~Julations,
or within another Ordinance establishing s~ccific Impervious Surface Limits for a
particular Development Project the fifes percent (50%) Impervious Surface limit shall
be the maximum lm~ervious Surface limit for all new res.ident.ial development anal
redevelopment In such cases where a previouslyand lawfully developed residential lot
exceeds the 50~% limit redevelopment or additions to existinff residential. development
shall not exceed the pre-construction Impervious Surface limit provided. the stormwater
and drainage re~uircmcnts of Section 24-66 are met.
.,.
Page 1 of 2
Ordinance Number 90-06-188
""' AGENDA ITEM #7A
JANUARY 9, 2006
SECTION 2. This Ordinance shall take effect immediately upon its final passage /
and adoption and shall be recorded in a book kept and maintained by the Clerk of the
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 12th
,~„ day of December, 2005. Passed upon final reading and public hearing this 09th day of
January, 2006.
~»
DONALD M. WOLFSON
Mayor and Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST
DONNA BUSSEY
City Clerk
~..
'"" Page 2 of 2
Ordinance Number 90-06-188