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Item 8C v CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM #8C JULY 10, 2006 AGENDA ITEM: Direction from City Commission to schedule and notice public hearings to ,~, consider and act upon an ordinance containing proposed Residential Development Standards, as recommended for adoption by the Community Development Board. ~„ SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director ,,, DATE: July 3, 2006 BACKGROUND: The Community Development Board, at meetings on June 20th and June ~. 29th, took further public comment and considered the fourth draft of proposed Residential Development Standards, which over the past six months, have been substantively revised to address comments and concerns of the community. Following extensive discussion and thorough review of the current draft, the Community Development Board recommended approval of this draft. In forwarding their recommendation to the City Commission, the CD Board expressed several thoughts that they wished to convey. • The one-year review period should include consideration of other residential areas of the ~* City to determine if the regulations should be extended to such areas before inevitable development pressures, similar to those now seen in Old Atlantic Beach, extend to other neighborhoods. • The CD Board, during revision of the various drafts, has attempted to narrow the proposed regulations and focus upon those directly related to mass, scale and preservation of tree canopy, and not regulations that direct design of new residential dwellings. As proposed, the new Residential Development Standards would be added to the Zoning and Land ~'" Development Regulations as Section 24-172. Two public hearings with the customary first and second ordinance reading would be required to enact this amendment to the zoning regulations. BUDGET: No budget issues. ~"' RECOMMENDATION: Direction to Staff related to public hearing dates. (There is adequate time to notice the public hearings and the proposed Ordinance for the July 24th and the August 14th City Commission meetings.) ATTACHMENTS: Draft of proposed Residential Development Standards as recommended for approval by the Community Development Board. REVIEWED BY CITY MANAGE ~" July 10, 2006 regular meeting "~ AGENDA ITEM #S( JULY 10, 2006 Draft as recommended for approval by the Community Development Board June 30, 2006 SECTION 24-172. Residential Development Standards (a) Purpose and Intent. The purpose and intent of these new regulations is to implement the goals, objectives and polices as set forth within the adopted 2015 Comprehensive Plan, as restated below. Policy A.1.4.3 By December 31, 2005, the City shall consider amendments to its Land Development Regulations, which include provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach. (Atlantic Beach Subdivision A.) Policy A.1.4.4 Within Old Atlantic Beach, the City shall consider options to discourage the redevelopment of residential lots in ways that are inconsistent and incompatible with the historic and existing built environment. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighborhoods that may result from new Development, which because of excessive height, mass or bulk may result in new development that excessively dominates established development patterns within neighborhoods or excessively ~. restricts light, air, breezes or privacy on adjacent properties. (b) Applicability. The Development Standards set forth within this Section shall apply to ~• Development of new Single-family and Two-family Dwellings within that area of the City generally referred to as Old Atlantic Beach, which for the purposes of this Section shall be bounded by: • Ahern Street between the beach and Sherry Drive on the south; • Sherry Drive, which becomes Seminole Road, extending north to 11th Street on the west; • 11th Street extending east to East Coast Drive; • East Coast Drive extending north to 16th Street, and 16th street extending east ~,,,, to the beach. Development, as used within this Section, shall also include total redevelopment of lots and certain renovations and additions to Single-family and Two-family Dwellings as set forth herein. (c) Additional Residential Development Standards. The following standards and requirements shall apply to that area defined in preceding paragraph (b), and as further and more specifically described for each particular standard or requirement. (1) Coverage by Buildings. To maintain a sense of openness and to allow for light, air and breezes, the following limits for the amount of a Lot or Parcel, which may be covered by the footprint of Buildings, shall be as follows: i. One-story single and two-family dwellings: 45% ~„ ii. Two-story single and two-family dwellings: 40% iii. Three-story single and two-family dwellings: 35% Buildings shall include the Principal Use Building and any permanently placed or w. constructed Buildings on the Lot. Page 1 of 4 ~. Draft as recommended for approval by the Community Development Board AGENDA ITEM #8C JULY 10, 2006 June 30, 2006 (2) Floor Area Ratio (FAR). Floor Area Ratio limits are established to prevent incompatible mass and scale where new development might otherwise excessively dominate the existing "" streetscape and existing adjacent residences. FAR shall be defined as the ratio of total counted above-grade floor areas of certain Buildings on a Lot or Parcel compared to the total Lot Area. FAR =Total counted Floor Area =Total Lot Area The following FAR provisions shall apply to new Single-family and Two-family Dwellings. ,~ i. Lots or Parcels that contain 6000 square feet of Lot Area or less shall be assumed to contain 6000 square feet of Lot Area, and Floor Area Ratio limits as set forth within this Section shall apply. For example, maximum Floor Area Ratio fora 5,200 square foot lot ,~, shall be calculated as if the lot size is 6000 square feet in size. ii. A maximum Floor Area Ratio limit of .70 shall apply. iii. FAR calculations shall be included on all Single-family Dwelling and Two-family Dwelling Construction Plans submitted to the City for review and permitting. iv. The following elements of aSingle-family or Two-family Dwelling shall be counted in the FAR calculation. • Interior heated and cooled areas. • Porches, balconies, patios and breezeways with a solid cover or roof when enclosed by solid walls on more than two sides. • That portion of an attached garage exceeding 500 square feet of Floor Area. v. The following elements of aSingle-family or Two-family Dwelling shall be excluded from the FAR calculation. •. • Porches, balconies, patios, breezeways, and decks (as well as overhangs, eaves, cantilevers, awnings and similar features) with a solid cover or roof, but not enclosed by solid walls on more than two sides. Such porches, balconies, patios, breezeways, and decks shall remain open on at least two sides and shall not later be enclosed in any manner. ~"" • Detached Private Garages that are incidental to the Principal Use on a Lot. Detached Private Garages shall remain subject to established size, height and placement regulations. • Carports that are open on two or more sides. (3) Side Wall Planes. To avoid stark, exterior side walls from facing the sides of adjacent residences, particularly on two-story and three-story residences, the following standards shall apply to new two-story and three-story Single-family and Two-family Dwellings; to renovations involving Structural Alterations or additions to the sides of existing Single- family and Two-family Dwellings, and where a second or third-story is added to an existing Single-family and Two-family Dwelling. Page 2 of 4 Draft as recommended for approval by the Community Development Board AGENDA ITEM #8C JULY 10, 2006 June 30, 2006 ,~ i. Second and third-story exterior side walls, which exceed 35-feet in length, shall provide horizontal offsets of at least four feet, or architectural details, design elements or other features, which serve to break-up the appearance of the side wall, such that adjacent properties are not faced on the side by blank two or three-story walls void of any architectural design other than siding material or windows. ii. Such design features may also include balconies, bay windows and other types of projecting windows or architectural details provided that these shall not extend more than ~+ 24-inches into the Required Side Yard, and that a minimum separation of 10-feet is maintained between such extensions into the Required Side Yard and any other existing adjacent residential Buildings. (4) Height to Wall Plate. For Single-family and Two-family Dwellings, the maximum height to the top horizontal framing member of a wall from the first floor finished floor elevation ~* shall not exceed 22-feet. The maximum height of Single-family and Two-family Dwellings shall remain 35-feet as set forth elsewhere within these Land Development Regulations, except that an additional five-foot Required Front, Rear and Side Yard ~'" setback shall be required for third-story portions of aSingle-Family or Two-family dwelling. ~"' (5) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade along the City's residential streets and sidewalks, one shade tree shall be provided within the Required Front Yard and an additional shade tree shall be required on the Lot in a location ~"' at the property owner's discretion in accordance with the following provisions: i. This requirement shall apply to the construction of new Single-family and Two-family ~„ ~ Dwellings and to Structural Alterations of any Single-family and Two-family Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of Occupancy or prior to final inspections, as applicable. (The requirements of Chapter 23 of this Code ~„ shall also apply.) ii. Required Shade Trees shall have a minimum size of 4-inch caliper at the time of installation. A list of allowable tree species is available from the City. iii. Credit shall be provided for the following, and additional Front Yard Shade Trees shall not be required in such cases. (a) Where healthy canopy trees exist in the Required Front Yard, which are listed on the recommended tree list and are at least 4-inch caliper; or (b) where oak trees exist in the Required Front Yard, which are at least six (6) feet tall; or (c) where healthy street trees exist in the adjacent right-of--way, which are listed on the ~* City's recommended tree list and are at least 4-inch caliper. Where installation of a Front Yard Shade Tree is required, such tree shall not be planted within right-of- ways or over underground utilities. iv. Similarly, credit shall be given for the second required Shade Tree where such tree, as described above, exists elsewhere on the Lot. Page 3 of 4 Draft as recommended for approval by the Community Development Board AGENDA ITEM #8C JULY 10, 2006 June 30, 2006 (d) Special Treatment of Lawfully Existing Single family and Two family Dwellings made Nonconforming by enactment of Section 24-172, establishing these Residential Development Standards. It is the intent of this Section to clarify when these Residential Development Standards shall apply in the case of reconstruction or redevelopment following: '~ (1) a natural act such as a hurricane, wind, flood or fire; or (2) redevelopment initiated by a property owner or authorized agent for a property owner. The following provisions shall be limited only to those characteristics, which would otherwise be made nonconforming from the requirements of this Section, which provides Residential ~,. Development Standards. The provisions of Section 24-85 shall otherwise apply to Nonconforming Lots, Uses and Structures. i. Structures damaged or destroyed by natural acts or by any means not resulting from the actions of the property owner. Any lawfully existing Single-family or Two-family Dwelling, which has been constructed pursuant to properly issued Building Permits prior to the initial effective date of these Residential Development Standards, adopted on 2006 by Ordinance Number, shall be deemed a Vested Development, and any Single-family or Two-family Dwelling shall be considered a lawful permitted Structure within the Lot or parcel containing the Vested Development. Furthermore, an existing Single-family or Two-family Dwelling for that particular Structure, shall not be considered as a Nonconforming Structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other Land Development Regulations controlling development and redevelopment of such Lots. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this Chapter including minimum Yard Requirements. ii. Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authorized agent for a property owner. Single- family or Two-family Dwellings, which are rebuilt or renovated, or expanded by more than twenty-five percent (25%) in Floor Area, shall be subject to applicable provisions of these Residential Development Standards for that portion of the Structure that is rebuilt, renovated or expanded. (e) Annual Review of Residential Development Standards. These regulations shall be reviewed on an annual basis by City staff and the Community Development Board to assess the effectiveness of the regulations in accomplishing the stated Purpose and Intent of this Section. Annual review shall also consider other neighborhoods and residential areas of the City to evaluate the need to expand these Residential Development Standards to such areas. A report shall be presented to the City Commission during a public hearing, which summarizes this information and the applications made during the time from the previous report. If appropriate, revisions shall be made to address needs or deficiencies in accordance with Section 24-61 of these Land Development Regulations. Page 4 of 4