Item 7B~. AGENDA ITEM #7B
FEBRUARY 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: First reading and public hearing to consider Ordinance 90-06-189, an
~. ordinance establishing a new Residential, Single-family-Large Lot (RS-L) Zoning District
Classification within Chapter 24 of the Code of Ordinances for the City of Atlantic Beach,
Chapter 24 being the Zoning, Subdivision and Land Development Regulations for the City of
~* Atlantic Beach. (This proposed ordinance creates this new Zoning District classification
within the zoning regulations; it does not amend the Zoning Map or rezone any area of the
City to this new designation.)
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~„[O
DATE: January 25, 2006
BACKGROUND: In response to concerns related to lot divisions that may result in new lots that are
smaller than surrounding lots as they were originally platted, the City proposes to create a new Zoning
~" District, which will be called Residential, Single-family-Large Lot (RS-L). Once this new zoning category
is created, the appropriate area of the City could be rezoned to establish this RS-L District on the Zoning
Map.
Th1S proposed ordinance only establishes the new zoning category it does not rezone any area of the City to
this new RS-L desier-ation. That action would require adoption of a separate ordinance in accordance with
established procedures which include published and posted notice as well as individual mailed notice to all
property owners within and surrounding the area proposed to be rezoned
The City's largest lot residential Zoning District has been the RS-1 Zoning District, which requires a
~. minimum 7500 square foot lot with minimum width of 75-feet and minimum depth of 100-feet.
Oceanwalk, Selva Norte, Royal Palms and Selva Marina are the areas of the City currently zoned RS-1.
All of these subdivisions are consistent with the RS-1 Zoning District, however, certain units within the
~„ Selva Marina subdivision contain lots that are substantially larger than the RS-1 District minimum
requirements. Some of these lots, generally along Selva Marina Drive, were platted as large as 150-feet in
width and 300-feet in depth. It is anticipated that these are the areas that would later be considered for this
new Residential, Single Family-Large Lot designation. The result of applying this new Zoning District
designation to these historically larger lots would be that these lots could not be subdivided in that they
would not meet the minimum size requirements of the RS-L Zoning District. The proposed RS-L District
requires a minimum 10,000 square foot lot with minimum width of 100-feet and minimum depth of 100-
~'" feet. All other standards such as height, Impervious Surface limit and setbacks remain the same as in the
RS-1 District.
The Community Development Board considered this matter at their January 17, 2006 meeting and
recommended approval of the creation of this new RS-L Zoning District classification.
~+ BUDGET: No budget issues.
RECOMMENDATION: Motion to approve upon first reading Ordinance 90-06-189, an ordinance
establishing a new Residential, Single-family-Large Lot (RS-L) Zoning District Classification.
ATTACHMENTS: Draft Minutes of the January 17th meeting of the Community Development Board and
proposed ordinance.
~•
REVIEWED BY CITY
+~ February 13, 2006 regular meeting
AGENDA ITEM #7B
FEBRUARY 13, 2006
Draft Minutes of the January 17, 2006 meeting of the Community Development Board
a.
S.a Review and recommendation to the City Commission related to proposed revisions to the
Land Development Regulations (Chapter 24 of the Code of Ordinance for the City of Atlantic
~"' Beach) related to:
1) Establishment of a new Single-family Residential Zoning District, to be known as
Residential, Single-family- Large Lot (RS-L).
The Board then returned to agenda item S.A.1 dealing with the establishment of a new single-
"' fanlily residential zoning district category to be known as Residential, Single-Family -Large Lot
(RS-L).
Sonya Doerr stated that this was a proposed new zoning district classification that, if adopted,
would require a larger lot size for some new lots. Existing legal lots of record would not be
affected. The new zoning district would be single-family district, and this item is only
consideration of this new Zoning District classification. We are not considering a map change
tonight. The City has to first have the zoning category in place before amending the map to
designate any area as this new zoning designation. As proposed, any new RS-L lots would be
required to be 100-feet in width, 100-feet in depth, with a minimum lot area of 10,000 square feet.
Setbacks, height, impervious area, and other requirements are the same as in the RS-1 district.
Ms. Doerr stated that the intention was to later establish this new Zoning District in portions of the
Selva Marina area where these larger lots were originally platted.
~,,, Carolyn Woods stated that she always thought of these lots as more rectangular than square. Ms.
Doerr stated that many of these original lots are deeper than they are wide, but 100-feet of depth
for residential lots is the standard depth in all other residential zoning districts in the City.
Mr. Jacobson asked if the Board had seen the letters in the paper addressing the topic of reducing
lot size. Mr. MacInnes did not see the tie-in to new lots. Ms. Doerr said that a lot of record will
~„ remain a lot of record. The question was withdrawn.
Lindley Tolbert, 344 6th Street, asked why does the City need a large lot subdivision and will it
better the community, or is this coming just from the Commission. There are not many lots that
are 200-feet wide lots. If we raise the required size, we can stop the subdivision of lots. It seems
the City is trying to fast track issues. Has anyone talked with the people this will affect? These
recommendations have cost quite a number of people a lot of money -millions of dollars of
additional taxable revenue. Decisions are being made that are rushed through. The Board should
think how this would affect them.
Carolyn Woods stated that people like the space, and most people would like to retain the
character of these large lots. People that subdivide are affecting the character. The Comp Plan
states that we should preserve older communities through these efforts. Ms. Tolbert and Ms.
Woods discuss the issue, with Ms. Woods explaining why those who own the property first have
inherent property rights. Ms. Tolbert stated that there should be no change to the Comp Plan. Mr.
""' ~ Jacobson stated that this was a classic case of existing property owner's rights versus purchaser's
rights. Ms. Tolbert stated that is why we have laws. Ms. Tolbert also expressed concern that
people should have more than two weeks to make changes and get applications in; and
~' recommended that they give property owners the proper amount of notice.
8
AGENDA ITEM #7B
Draft Minutes of the January 17, 2006 meeting of the Community Development Board FEBRUARY 13, 2006
Leonard Caurse, 1756 Live Oak Lane, stated that he had been out of town for three weeks and
when he came back and read his mail, he did not have a clue that this meeting was occurring. Hid
~"' first question was one of what is the definition of proper notification. His second question was, is
it legally required, with the third question, did they do it.
~. Sam Jacobson stated that it takes two readings and proper notice to adopt an ordinance and
establish a new zoning classification. Mr. Caurse stated his concerns about the time frames and
that even a month doesn't give him time. Ms. Doerr stated that there was a first and second
~. reading before the City Commission required. This is not creating a zoning change on the zoning
map; it is establishing a new zoning classification. Mr. Caurse states that this is the first step in
creating this new designation, and the earliest they can vote is March. Mr. Caurse described the
~. effect of this ruling on a woman with two kids whose ro ert is her nest e
p P Y gg -you are taking this
away from people. Ms. Woods asked about the person next door who is affected by the smaller
lots -the person in the middle property goes down. Mr. Caurse responded no; he would like to
reduce his property size now that he is retired.
~„ Sam Jacobson noted that this is a complex issue, and that the problem is that for every action there
is a bad reaction. With more and more subdivision of lots, people fear Atlantic Beach will
become Jacksonville Beach.
Mr. Caurse requested that the Board not even take this to City Council, and they have another
hearing on the proposal to explain. He believes that people don't have a clue about what is
happening. Mr. Caurse then asked what would happen if his division is already approved and
then the regulations are changed. He needs time to get a legal opinion. Sonya Doerr stated that
this ordinance has not been scheduled for the Commission yet. Ms. Doerr also stated that as far
~. as lot divisions that have been approved, they will remain legal lot divisions.
Pat Pilmore, 995 Camilla Street spoke about the lot size issue and felt that too much emphasis
~• was put on the developer's opinion. Ms. Pilmore believed that the housing market and developers
are pushing size, and this is a marketing tool to make money. She strongly believes in limiting
the size.
Jane Wytska, 352 2nd Street, stated that she had paid more than the appraised value for a house in
Atlantic Beach to be near the beach. She worries about the process not being rushed. She stated
that houses are oversized, and that the process has gone way too slow. Large buildings block the
sun and are obtrusive and not a good part of the community.
~"" Peter Sapia, 1655 Selva Marina Drive, stated that creating new large lots will create large costs.
Mr. Sapia believes that there should be facts and figures to support the proposals, and that the
funds lost by these actions could be used to build additional infrastructure. Recommends that the
"' Commission should leave the existing zoning regulations alone.
Thomas Grant, 1909 Selva Marina Drive, stated that in the Commission minutes, it was noted that
~'" ~ notice would be given. Ms. Doerr responded that this item is only a recommendation to create a
new zoning category, and will not rezone anything at this time. Any change will come at a later
time; all landowners within the proposed district and within 300 feet will be noticed at that time,
as well as a published advertisement. We are not at that stage yet. Mr. Grant stated that there are
still so many questions, considerations need to be weighed heavier than they are. Subdividing of
~"' 9
'"` AGENDA ITEM #7B
Draft Minutes of the January 17, 2006 meeting of the Community Development Board FEBRUARY 13, 2006
~.
smaller lots can be done tastefully so as not to affect the property values of others. Nothing
should be done until Mr. Winter is done. Mr. Jenkins reminded the audience that this was simply
~. anew zoning designation being included in the zoning code. Mr. Jacobson did agree that a
positive vote is the first step in the eventual approval of land design that Mr. Grant is not happy
about. Mr. Jacobson stated that everyone is regulated to some extent.
R.D. DeCarle, 51 Beach Avenue, stated that there is a price difference between Atlantic Beach
and other beach areas. People have come to value their property rights as to why they buy in
Atlantic Beach. Additional layers of bureaucracy will negatively affect values. The hidden
agenda of the Commission is growth management to prevent more people from coming to Atlantic
Beach. Mr. Jacobson asked whether 75-foot lots will affect property values. Mr. DeCarle stated
~'" that low rates have allowed people to build large houses. If people want to buy large lots and
build large houses, so be it.
°~" Kevin Byrnes, 391 8~' Street, asked if anyone on the Commission could answer how many more
lots in old Atlantic Beach can be divided into 7;x100 parcels. Ms. Doerr responded that the lots
are in the various units of Selva Marina and not old Atlantic Beach. Most of Old Atlantic Beach
'~ are platted into 50x100 or 50x130 lots. Ms. Doerr stated that there are less than a couple of dozen
lots in Selva Marina that could be subdivided under the current rules.
Lynn Drysdale made a motion to recommend approval of the establishment of a new single
family Zoning District category to be known as Residential, Single-family, Large Lot (RS-L),
~ moving that Sec. 24 be amended as recommended by staff. The motion was seconded by
Steve Jenkins.
~„ Dave MacInnes stated that he didn't see the need for this, and that there are only a handful
of lots this would apply to. Mr. Lambertson stated that even though he has reservations,
there has been adequate time to consider this. Mr. Jacobson stated that it had to go through
~„ us to get to the Commission, and he didn't see the need to not send it on to the Commission.
The motion was approved by a 6:1 vote, with Mr. MacInnes opposing.
'"" 10
AGENDA ITEM #7B
FEBRUARY 13, 2006
ORDINANCE NUMBER 90-06-189
~. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
ORDINANCE NUMBER 90-01-172, ARTICLE III, DIVISION 5,
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS
A. THERETO, TO ADD NEW SECTION 24-104, ESTABLISHING A
NEW ZONING DISTRICT CLASSIFICATION, TO BE KNOWN AS
RESIDENTIAL, SINGLE-FAMILY - LARGE LOT (RS-L),
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
0
NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ~~
ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations
Article III, Zoning Regulations, Division 5, Establishment of Districts, of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new Section
24-104, with succeeding Sections to be renumbered accordingly. This Section shall
establish a new Zoning District classification known as Residential, Single-Family -Large
Lot (RS-L), and upon enactment shall read as follows.
~.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and Purpose.
The City of Atlantic Beach shall be divided by these Land Development Regulations into
Zoning Districts, as listed and described below. These divisions and the requirements set
~, forth herein shall have the purpose of implementing the goals, objectives and policies of the
Comprehensive Plan. The following is established in this Division:
(a) The intent of each Zoning District.
(b) General requirements for each Zoning District, including:
(1) Permitted Uses.
(2) Uses-by-Exception.
(3) Minimum Lot Size.
(4) Minimum Yard Requirements.
(5) Building Restrictions.
Page 1 of 4
Ordinance Number 90-06-189
Sec. 24-102. Zoning Districts Established.
AGENDA ITEM #7B
FEBRUARY 13, 2006
The corporate area of the City of Atlantic Beach is hereby divided into Zoning Districts as
follows.
Zonin District Classification Abbreviation
Conservation CON
Residential, Single-family-1 arse i of RS_[;.,
Residential, Sin le-famil RS-1
Residential, Sin le-family RS-2
Residential General, Two-famil RG-1
Residential General, Two-family RG-lA
Residential General, Multi-family RG-2
Residential General, Multi-family RG-3
Residential Mobile Home RMH
Commercial, Professional and Office CPO
Commercial, Limited CL
Commercial, General CG
Industrial, Li ht and Warehousin ILW
S ecial Purpose Sp
Central Business District CBD
No changes to Section 24-103.
Sec. 24-1.04. Kesidential, Sin le-family -Large Lot Districts. (RS-L
~R4FT
(a) Intent. The RS-L Zoning District is intended for development of low Densitti Sin~,lc
family residential uses in areas where traditional e5tah1i5hed lot Sizes are lai ei than
those typically located throughout the City of Atlantic Beach All Development of
Land and Parcels within the RS-L Zoning Districts shall comply with the residential
Density hm~tat~ons as set forth within the adopted Comprehensive Plan for the City of
Atlantic Beach, as may be a.~nended.
(b) Permitted Uses. The Uses perniitted ~~ithin the RS L Zoning Districts shall be as
follows.
(1) Single-family Dwellings
(?) Accessory Uses (See Section 24-151
(3) Goverrunent Uses Buildings and facilities
Page 2 of 4
,. Ordinance Number 90-06-189
'"~ AGENDA ITEM #7B
FEBRUARY 13, 2006
0
(c) Uses-bv-Exception Within the RS L Zonin Districts the followin Uses by
I..,xceptron may be ~ermrtted
(1 } Churches subiect to the provisions of Section 24 153
~.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to Serve the surrounding residential neighborhood
(3) Schools.
D
~„ (4) Home Occupations, subject to the provisions of Section 24 159
~~
. r
(d) Minimum Lot Size The minimum size for Lots within the RS L Zoning Districts shall
~,,, be as follows.
(1) Minimum Lot or site area• Ten Thousand (10, 000 square feet.
(2) Minimum I,ot width' One hundred (100) feet
(3) Minimum Lot depth' One hundred (100) feet
}?xsting legally established I ots of Kecord may exist which do not meet the above I of
~• width depth or area regwrements These Lots may be developed subject to all
applicable Land Development Re~ulations• however all Lots created ai'ter the effective
date of Ordinance 90-06-189, shall comply with the Minimum Lot Size requirements in
~• order to obtain 13urldrng Permits authorizing Development
(e) Minimum Yard Requirements The minimum Yard Requirements in the RS L Zoning
Districts shall be as follows.
(1) Front Yard: Twenty (20) feet
(2) Rear Yard: Twenty (20 feet
(3) Side Yard: Seven ar~d one-half (7 6 feet
(f) Building Restrictions Additional Building restrictions within the RS L Zonirla
Districts shall be as follows
(1) Maximum Impervious Surface' Fifty (50) percent
(2) Maximum Building 1-Icight• T'hirt -five (35) feet
Page 3 of 4
~. Ordinance Number 90-06-189
*~* AGENDA ITEM #7B
FEBRUARY 13, 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 and public hearing by the City Commission of the City of
Atlantic Beach this th day of , 2006. Passed upon final reading and public
hearing this th day of , 2006.
~.
~. DONALD M. WOLFSON
Mayor/Presiding Officer /1
e
Approved as to form and correctness:
~.
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST
~.
DONNA BUSSEY
City Clerk
Page 4 of 4
Ordinance Number 90-06-189