Item 7A
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CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM #7A
APRIL 10, 2006
AGENDA ITEM: First reading and public hearing to consider proposed Ordinance 90-06-
191, rezoning certain lands (See Exhibit A) from Residential, Single-family (RS-1) to a new
Zoning District classification, Residential, Single-family, Large Lot (RS-L) with adoption of
this ordinance establishing boundaries of the new District on the City of Atlantic Beach
Zoning Map.
~. SUBMITTED BY: Sonya Doerr, AICP ~~[.~
Community Development Director
DATE: March 30, 2006
BACKGROUND: In response to' citizen's objections over the division of larger lots located
*!~ within the Selva Marina subdivision, the City Commission has established a new Zoning
District, Residential, Single-family, Large Lot (RS-L). The new classification is now included as
part of the zoning regulations, but must be placed on the Zoning Map in order to be applied.
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The area currently being considered for this new zoning designation is now zoned Residential,
Single-family (RS-1), which requires a minimum lot size of 7500 square feet with 75-feet in
~" width and 100-feet in depth. The minimum lot size for the new RS-L district is 10,000 square
feet with a minimum width and depth 100-feet. Other standards, such as height, setbacks and
impervious area, remain the same as within the RS-1 district. The attached map depicts that area
~"' of the City now proposed to be rezoned to the new Residential -Large Lot Zoning District (RS-
L).
BUDGET: No budget issues.
RECOMMENDATION: The Community Development Board, at their March 21st
~' meeting, by a 4:2 vote, recommended approval of the proposed rezoning ordinance by
motion as follows: Motion to recommend that the Commission approve the land use
rezoning designation subject to further review of the requirements of Section 24-2, Purpose
'"" and Intent, with respect to protecting and conserving property values, and the
responsibilities of protecting and improving the health, safety, comfort, good order,
appearance, convenience, morals and general welfare of the public.
ATTACHMENTS: Draft Community Development Board minutes, proposed Ordinance 90-
06-191 and Exhibit A (location map.)
REVIEWED BY CITY MANAGE
April 10, 2006 regular meeting
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AGENDA ITEM #7A
APRIL 10, 2006
DRAFT Minutes of March 21, 2006, Community Development Board Meeting
5b. Recommendation to the City Commission related to the designation of a new Zoning District,
Residential, Large Lot (RS-L) establishing boundaries of the new District. on the City of Atlantic
Beach Zoning Map.
~„ Ms. Doerr provided the background information on this item and explained that this new zoning district
category had been approved by the Commission but has not yet been placed on the zoning map. She
asked the Board to consider a recommendation of establishing that district on the zoning map in the
~„ area of the Selva Marina subdivision that is currently zoned as RS-1. She noted that about 240-2501ots
would be involved in the new RS-L zoning district and that the specifications of this district would
require a minimum 10,000 square foot lot with a minimum width and depth of 100 feet. Ms. Doerr
~„ explained the additional notification process that would be implemented prior to making a decision
regarding the new zoning area. She indicated that the Community Development Board is required to
make a recommendation to the Commission in order for the Commission to take action on it.
Chairman Jacobson opened the floor to public comments on the issue.
~. George Bull, Jr., 1977 Sevilla Boulevard West, stated his opposition to the new zoning district. He
believed it to be cumbersome and unnecessary, stating that the land proposed for the new zoning
district is already subject to existing private covenants and restrictions that rollover every ten years
unless the majority of the homeowners decide to modify them.
Ms. Woods asked Ms. Doerr if the covenants are on record with the City. Ms. Doerr responded that
~* these are private deed restrictions and the City has no authority to enforce them, and asked Mr. Jensen
to comment. City Attorney Jensen noted that the covenants are recorded in the official records of the
County and if they are still in effect, they control the property purchased by any new owner, but that the
~"" City cannot enforce these.
Ms. Woods asked Mr. Bull what limitations are placed on the properties governed by the covenants.
'"' Mr. Bull responded each unit has specific requirements regarding many aspects of the lots. City
Attorney Jensen stated that the City can have copies of the covenants available for anyone to read. Ms.
Woods asked if the covenants prohibit subdivision of lots. Mr. Bull replied that some covenants for
certain units address lot divisions.
Mr. Jenkins asked if Mr. Bull's opposition to the zoning change was solely based on it being redundant
~" and unnecessary. Mr. Bull stated it was also an issue of property rights. He believed that the property
owners in each of those communities should be allowed to make their own decisions regarding whether
or not the lots can be subdivided.
Ms. Doerr pointed out that if this new RS-I, zoning district is placed on the map, then City regulations
would prohibit those lots from being subdivided because they would not meet the minimum RS-L lot
size requirements.
Ms. Woods questioned how some lots are being subdivided without the majority of homeowners voting
to allow this. Mr. Bull informed the Board that it is not allowed in any of the Units except Units 1, 2,
and 3 where the covenants have expired and there were no rollovers. Discussion ensued regarding
differences among the various units' restrictions.
AGENDA ITEM #7A
APRIL 10, 2006
DRAFT Minutes of March 21, 2006, Community Development Board Meeting
Chairman Jacobson inquired if there is a current Selva Marina homeowner's association. Mr. Bull
responded that each unit was supposed to have their own homeowner's association. The Chairman
asked if there was any limitation to the renewal of the covenants. City Attorney Jensen responded that
if the covenants automatically renew every ten years indefinitely, they should be enforceable by the
~. individual property owners.
Chairman Jacobson noted that if the homeowners are receptive to the existing restrictions and
covenants in their neighborhoods, then adopting a City ordinance enforcing the same restrictions
should be consistent with the prevailing sentiment in the neighborhoods.
There were no other public comments and the Chairman closed the floor to the public and opened it up
to the Board for discussion.
~' Mr. Jenkins discussed the suggested findings. of fact for recommending approval and asked if the Board
could also consider the broader spectrum of the general intent of the Code in making their decision. He
referenced Section 24-2, Purpose and Intent, and a number of the items listed there, including
~"" protecting and preserving property values.
Mr. Jenkins addressed the number of lots that would be impacted by the 10,000 square foot limitation
~' of the new zoning district. Ms. Doerr clarified that the existing lots of record would not be impacted,
but that any new lot created would have to meet the size requirements of the new zoning district. She
also indicated that the exact number of potentially impacted lots is unknown because people may want
to combine lots in the future, thus creating more than the current dozen or so lots that are over 100 feet
wide.
~" Ms. Woods discussed the proposed boundaries of the new RS-L district and asked why Oceanwalk was
not being considered as part of it. Ms. Doerr explained that Oceanwalk has not been discussed related
to this new Zoning District, and that Oceanwalk has an active homeowner's association with its own
private deed restrictions and covenants. Any proposal to rezone Oceanwalk would be a separate
rezoning procedure with required notice and public hearings from that now being considered. Brief
discussion ensued regarding the size of lots within Oceanwalk.
Chairman Jacobson asked City Attorney Jensen's opinion as to whether or not the covenants and
„~ restrictions in the Selva Marina neighborhoods are enforceable. Mr. Jensen stated it is uncertain. He
pointed out that a discussion with a real estate attorney brought up questions as to whether some of the
covenants and restrictions are still valid after the passage of the Marketable Record Title Act.
Chairman Jacobson confirmed with Ms. Doerr that the new RS-L zoning designation had been adopted
by the Commission. He questioned where the new zoning designation would be applied if the current
~„ recommended area was not approved. Mr. Jensen responded that it could not be applied anywhere else
as part of this procedure, but Ms. Doerr noted it would be available for future use. Mr. Jensen noted
that the new designation would prevent the 150-foot lots in Selva Marina from being divided into
anything less than 100-foot lots if the neighborhood's covenants and restrictions turn out to be
unenforceable.
~• A motion was made by Mr. Burkhart and seconded by Ms. Woods to recommend approval of the
proposed boundaries to the City Commission for use as boundaries for the new Residential -
Large Lot (RS-L) Zoning District.
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AGENDA ITEM #7A
DRAFT Minutes of March 21, 2006, Community Development Board Meeting APRIL 10, 2006
„~, Mr. Lambertson asked if any there is any case law that shows that the rollover of the covenants have
expired or are not enforceable. Mr. Jensen did not know. Mr. Jacobson asked if there had been any
violation of the covenants or restrictions that has gone unaddressed. Mr. Jensen acknowledged that
~„ there might be but that he was not aware of any.
Mr. MacInnes pointed out that currently the proposed zoning district would effect only about a dozen
~,, identifiable property owners whose lots are big enough to divide under the RS-1 rules, and those twelve
are already restricted by the covenants and restrictions of their neighborhood. He noted that tonight, no
one from the subdivisions spoke in favor of this proposal. Mr. MacInnes indicted that, therefore, he
~.. would rather err in favor of supporting the current covenants and rules under which the property
owners purchased their property. Mr. Burkhart noted that this proposal would allow the City to back-
up those neighborhood covenants. He did not believe the burden of enforcing those rules and
~• restrictions should fall on the citizens of Atlantic Beach having to sue one another.
Mr. Jenkins stated he would like to support the motion through the suggested findings of fact. He
believed that the motion was consistent with the Comprehensive Plan and Future Land Use and that it
was consistent and compatible with the surrounding development. However, Mr. Jenkins had concerns
with whether the motion was consistent with the zoning and land development regulations, especially
^ when compared it to the Purpose and Intent as listed in Section 24-2. He believed there was not
enough information regarding the potentially impacted properties to determine if it would effect any of
the items listed in that section of the Code. He suggested that the motion be amended to recommend
~"' approval to the City Commission subject to the thorough review of the issues of protecting and
preserving property values and promoting, protecting, and improving the health, safety, comfort, good
order, etc. as listed in Section 24-2, Purpose and Intent.
Ms. Doerr clarified that the intent of proposed finding of fact #2 was to include consistency specifically
with the new land development regulations that created the new RS-L Zoning District that was just
""~ added as Section 24-104.
Mr. Jenkins commented that there is not enough information to understand the impact of the private
~"" sector covenants and restrictions. He recommended that the City Commission evaluate those
thoroughly as well.
The motion was amended by Mr. Jenkins to recommend that the Commission approve the land
use rezoning designation subject to further review of the requirements of Section 24-2, Purpose
and Intent, with respect to protecting and conserving property values, and the responsibilities of
protecting and improving the health, safety, comfort, good order, appearance, convenience,
morals and gcncral wclfarc of the public.
Mr. Burkhart and Ms. Woods both accepted the amendment to the motion.
Mr. MacInnes pointed out that Section 24-2 also states that it is not the intent of this chapter to interfere
with or abrogate or annul any easements, covenants or other private agreements between parties.
Mr. Lambertson ,discussed the lot sizes in the Oceanwalk community, noted the need for more
information in general, and questioned if this motion unnecessarily duplicates what is already
established by neighborhood covenants and restrictions.
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AGENDA ITEM #7A
DRAFT Minutes of March 21, 2006, Community Development Board Meeting APRIL 10, 2006
Ms. Doerr informed the Board that one of the motivating factors for the Commission to establish this
new zoning district was to address concerns and objections residents had expressed over lot divisions in
~,, this specific area of the City, which lead to the current moratorium on lot divisions anywhere in the
City. She reiterated that changing the zoning in other areas of the City would have to be considered
separately since they are not included in this rezoning process. Mr. Lambertson believed that the
current moratorium could be used to allow the City time to understand more about the covenants and
the effects of the proposed motion.
Chairman Jacobson reiterated that the Commission has passed the new zoning district category with the
idea of applying it to this area now being proposed. He called the vote.
The motion was approved by a 4:2 vote with Mr. MacInnes and Mr. Lambertson dissenting.
The meeting adjourned at 8:25 pm.
Signed
Attest
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AGENDA ITEM #7A
APRIL 10, 2006
ORDINANCE NUMBER: 90-06-191
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER
!~ 90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN
ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT
A, FROM RESIDENTIAL, SINGLE-FAMILY (RS-1) TO RESIDENTIAL,
~" SINGLE-FAMILY, LARGE LOT (RS-L) CONSISTENT WITH
SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90-
~"" 06-189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE-
FAMILY-LARGE LOT (RS-L) ZONING DISTRICT CLASSIFICATION,
PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION,
~"' AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens are protected and enhanced by the
"" enactment of this ordinance, and
WHEREAS, the change in Zoning District designation enacted by this ordinance shall
*^ provide for orderly growth; encourage the most appropriate use of Land; protect and conserve
the value of property; prevent the overcrowding of Land; promote, protect and improve the
health, safety, comfort, good order, appearance, convenience, and general welfare of the public
~. and serve to accomplish and implement the goals and objectives of the Comprehensive Plan,
and
WHEREAS, after required notice, public hearings were held on the 10th day of April
2006 at 7:15 p.m. and on the 24th day of April 2006 at 7:15 p.m. to hear and enact said
Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission finds as follows:
a. This change in Zoning District designation has been fully considered after public
hearings with legal notice duly published as required by law.
b. This change in Zoning District designation is consistent with the adopted 2015
Comprehensive Plan and the Future Land Use Designation of Residential, Low
Density.
c. This change in Zoning District designation to Residential, Single-Family, Large Lot
~. (RS-L) is consistent with the Section 24-104 of the Land Development Regulations for
the City of Atlantic Beach.
Ordinance 90-06-191 Page 1 of 3
AGENDA ITEM #7A
APRIL 10, 2006
d. This change in Zoning District designation to Residential, Single-Family, Large Lot
(RS-L) is consistent and compatible with surrounding development.
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SECTION 2. Pursuant to this change in Zoning District designation procedure, the
Zoning District classification of those lands within the City of Atlantic Beach, limited to those
~• lands as depicted on the Geographic Location Map, attached as EXHIBIT A are upon
enactment of this Ordinance reclassified from Residential, Single-Family (RS-1) to
Residential, Single-Family, Large Lot, (RS-L).
SECTION 3. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for
vested rights in accordance with applicable ordinances and laws. Furthermore,
"' notwithstanding any provision of this ordinance, no portion of any ordinance, building code,
Comprehensive Plan or any other regulation shall be deemed waived or varied by any
provision herein.
SECTION 4. This Ordinance 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.
SECTION 5. This ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the change in zoning classification
shall be recorded on the official Zoning Map as maintained in the Building, Zoning and
Community Development Department by the Community Development Director or designated
administrative official.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
~. Beach this 10th day of April 2006. Passed on final reading and public hearing this 24th
day of April 2006.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA BUSSEY
City Clerk
Ordinance 90-06-191 Page 2 of 3
AGENDA ITEM #7A
APRIL 10, 2006
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