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Agenda Item 7B - Through Lots Btwn Beach & OceanAGENDA ITEM : SUBMITTED BY: DATE: C ITY OF ATLANTIC BEACH CITY COMM IS SION MEETTNG STAFF REPORT AGENDA ITEM II 713 MARCIIL0,20 14 T hrou gh lo ts between Beach Avenue and Ocean Boulevard Michael Griffin, CBO , CFM Building nnd Zo nin g Director ~ February 12, 2014 ST RATEGI C PLAN LINK: None BACKGROUND: Attac hed is a copy of the November 19 , 20 13 staff repori s ubmitted to the Co mmunity Development Bo ard (CDB) to discuss City Code Secti on 24-84 (c) which relates to throu gh lots along Beach Avenue and Ocean Bou levard. This sec tion requires doub le frontage lots extending from Beach A venue to Ocean Bou leva rd to have the front yard face Ocean Bou levard. As indicated to the COB, I 0 of the 22 tlu·o ugh lots already front and have a Beach Avenue address. Only 4 through lots are add ressed and front alon g Ocean Boulevard, the other lots have side street addresses. Current ly the ordinance requires an existing throu gh prope rty to redi rect the front ya rd to Ocean Avenue if the existing stru cture is demo lished and rebuil t. Staff requests the Co mmi ssion eliminate this porti on of Section 24-84 to allow through lots to fi·ont o nto e ither Beach A venue or Ocean Bou levard. Below is a li s t of through lot addresses fronting o nto Beach Avenue. 120 Beach A venue 0 Beach A venue (unpub.li shed address) 250 Beach A ve nue 136 Beac h Avenue 178 Beach A venue 328 Beach A venue 436 Beach A venue 620 Beach A venue 360 Beach Avenue 578 Beach A venue The CDB voted un animous ly (see attached draft minutes) to request Section 24-84 (c) be amended to a llow through lots along Beach Avenue and Ocean Boulevard to front along Beach Avenue. Our Publi c Works Department do es not object to this amendment and docs no t co nsider thi s as adding a traffi c impact upon th is portion of Beach Avenue. BUDGET: RECOMMENDAT ION: ATTACHMENTS: No Impact Approva l of Ordinance 90-14-222 wh ich amends Section 24-84 of the City Co de to repeal cond itions of Jots extend ing between Beach A venue and Ocean Bo ul evard as recommended by the Comm unity Development Board. November 19,2013 COB staffreport and draflminure. Ordinance 90-14-222 REV IEWED BY ClTY MANAGER: __ /_'"-'-/_{,~~.;...;....::7'---".:>"'-2"""'u.,__._l +-f------ City of Atlantic Beach Building and Zon ing Department 800 Semin ole Road Atl antic Beach , florida 32233 Telepho ne (904) 247-5800 f ax (904) 247-5805 www.coab.us Memorandum To: Co mmunity Development Board From: Micha e l Griffin, CBO , C FM Bui lding and Zo ning Director Date: November 5, 20 l 3 Rc : Through lots between Bea ch A venue a nd Ocean Boulevard AGENDA ITEM II 71J MARC il 10,2014 This is to request a re co mmenda tion from the Community Development Board to the City Co mmi ssion that through lots between Beach Avenue and Ocean Boulevard be allowed to have front yards that access along Beach A venue. C it y Co de Section 24 -8 4. (c) Double frontage lot s states, "Special treatment of Ocean Boulevard lots with douhle .frontage. For double frontage lot s extendin g between Beach Aven ue and Ocean Bou levard , the required front yard sha ll be the ya rd , which faces Ocean Boulevard." Currently th ere are 22 tota l thro ug h lots between Beach A venue and Ocean Bou levard with I 0 lots addressed on Beach Avenue, 5 lots addressed on s ide streets, 4 l ots with Ocean Bouleva rd add resses, and 3 vacant lo ts with no address. Given the current ava il able acces s and street width there d ocs not appear to be a reaso n Beach Avenue cannot handle the possibl e 7 properties that ma y want to hav e access to Beach Avenue. Our Public Works Dep a1i me nt has no objection to allowing the remainder of lots to fTOnt onto Ocea n Boulevard. ORDINANCE NO. 90-14-222 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO REPEAL CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7B MARCH 10,2014 WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 24, Article III, Division 4, Section 24-84 of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 24-84 of the Code of Ordinances, specifically the Land Development Regulations of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Sec. 24-84. Double frontage lots. (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88 (b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boultward lots with double frontage. For double frontage lots extending betv;een Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. ORDINANCE NO. 90-14-222 Page 1 of2 AGENDA ITEM# 7B MARCH 10,2014 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 24111 day of February 2014. PASS ED by the City Commission on second and final reading this 10111 day of March 2014. ATTEST: DONNA L. BARTLE, City Clerk CAROLYN WOODS, Mayor, Presiding Officer Approved as to form and correctness: RICHARD KOMANDO, City Attorney ORDINANCE NO. 90-14-222 Page 2 of2 AGENDA ITEM# 7B MARCH 10, 2014 Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board was seconded by Harley Parkes. It was unanimously approved 6-0. 6. REPORTS. A. Through Lots. Michael Griffin stated that this item is to request a recommendation from the Community Development Board to the City Commission to repeal Section 24-84. (c) The Land Development Code which relates to double frontage lots which requires new structures built in between Beach Avenue and Ocean Blvd. to actually front onto Ocean Blvd. Currently there are only 4 lots with Ocean Blvd addresses and 10 lots addressed on Beach Avenue, and 3 vacant lots with no address. Sylvia Simmons is concerned about letting homeowners place 6ft tall fences right along Ocean Blvd. Mr. Parkes stated that the economic value of having a Beach Ave. address is not arguable. Kelly Elmore made a motion to amend the code to allow through lots between Beach Ave. to Ocean Blvd. to front on Beach Ave. Mr. Stratton seconded the motion. The motion was unanimously approved 6-0. B. Tree Ordinance. Michael Griffin stated that the Tree Ordinance is not up for discussion for this evening. Mr. Griffin stated this is just a heads up that this will be coming up in the December meeting. Mr. Elmore stated he will be missing the December lih meeting. Brea Paul stated that Jason Burgess will not be staying on the board and the new board member will be Linda Lanier. 7. ADJOURNMENT-8 :31 PM Brea Paul, Chair Attest Page 5 of5