Item 8B - Request for WaiverCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
/\GENOA ITEM ·IJ 88
MARCH 28, lOUi
AGENDA ITEM: Request for a Waiver from City Code Section 24-272-Environmental
assessment and protection of wetlands and environmentally sensitive
areas to allow development within the 25 -foot upland buffer and to
allow offsite wetland mitigation.
SUBMITTED BY: Kayle Moore, P.E ., Interim Public Works Director ~~
DATE: March 11,2016
BACKGROUND: Applicant desires to build a single family residence on a platted
residential lot which is partially within a wetland area .
City Code Section 24-272 contains the following wetland requirements (emphasis
added):
(b). Where the environmental assessment determines tha t natural jurisdictional wetlands re maining on th e
site have been damaged or degraded over t ime through previous development, storm events, Improper
drainage runoff or other adverse activities, but where wetland vegetation and habitat are predominant in
quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a
plan for restoration. enhancement, mitigation or recovery of remaining jurisdictiona l wetlands. Restated, It Is
the express Intent of the city that no net loss of jurisdictional wetlands occurs through any development
action within the city.
(c)(2). A natural vegetative buffer, which is a minimum width of twenty-five (25) feet , shall be maintained
between development and all other jurisdictional wetlands not described In the preceding paragraph . In
cases where the minimum twenty-five-foot buffer Is demonstrated to be unreasonable or Impractical, an
averaged twenty-five-foot undisturbed buffer may be provided .
{d){3). Single-family lots of record platted prior to Januarv 1. 2002 , shall be exempt from the fifty-foot
wetland buffer requirement, but sball be subject to the twenty-five-foot upland buffer requirement as
described in preceding subsection (c)(2).
(d)(4). Waivers from the requirement to provide and maintain an upland buffer may be requested in
accordance with subsection 24-46(d) of this chapter, and where such waiver Is approved, a berm or swale
to retain and filter stormwater runoff from th e lot shall be created.
The applicant proposes to mitigate wetland loss through the use of a wetland
mitigation bank outside the City, and to construct a retention area to filter stormwater
runoff prior to entering the wetland. The applicant's FDEP Environmental Resource
Permit and Army Corps of Engineers Permit have been provided to th e City and are
available through the Clerk's office.
BUDGET: No budget issues.
RECOMMENDATION: Consider approval of requested waiver to the City Code Section
24-272 requirements .
ATTACHMENTS: 1) Waiver Application for 980 W 14th Street
Reviewed by City Manager:
APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER
City of Atlantic Beach · 800 Seminole Road ·Atlantic Beach, Florida 32233
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us
Date -----'3'-f/-"g'-fj_:..f--=.(p_. __
1 I
File No. ________ Receipt __________ _
Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a
specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with
such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of good cause, and
upon evidence that an alternative to a specific pro"ision(s) of this Chapter shall be provided, which conforms to
the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver
from these Land Development Regulations, the City Commission may .-equire conditions as app.-opriate to
ensu.-e that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any
requirement or term customarily considered as a Variance or any requirement or term prohibited as a
Variance, and shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of 0.-dinances.
1. Applicant's Name 1 4 .vt, 5 l?u?e I LNV d /12A.-'5 r ¥ t
2. Applicant's Address P · 0. f.:>v"f. -~ ~ 2 7 Z-
3. PropertyLocation Cj0o l/t,.J. IL('j r /J-1-t-I?(Vf.c__ IW/hA
4. Property Appraiser's Real Estate Number _ ____cl_7..c_:/-..:O::_-...:: . .3'---"'5'-----'L"')'-"V"-"'"'0""0'""----------------
5. Current Zoning Oassification r/2. "5 2... 6, Comprehensive Plan Future Land Use designation /2, L
7. Requested provision(s) from which waiver is sought: 25' k.t' .f-L~VV 0 BlJ·~ cv--..d /'-l; hj l'J-1>-z;f\.J cp w-ef-t...,~s Lv'.±b ,·<J c.l ~} Bou,vd«.vi"t"5 ·
I
8. Size of Parcel __ ~_J'-'l'--7_,_'f_/_,D::.."'...;:2:::..... _____ ~-9. Utility Provider
10. Provide all of the following information:
a, Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2)
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
AGENDA ITEM# 8B
MARCH 28, 2016
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TIDS
APPLICATION
Name: i{Gy, ;u V•-• t1r'l-T/ 1\J
MailingAddress: i21.PZ0-3 /:l:£14t6 ,8;;_,J tf.JJ3/ J;ui5NVV;[/(' /2. 322L/b
I
Phone: Cf'24 Z35-8'3o7 Fax: ?jtltf 3 7'1 ff3 7 f3 E-mail:~.-------
/Lv'1trtLTi (1.} e .ScJf«r /.fo V>\edtue {o{}?I·J,. (]'vx.,
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please attach additional pages if needed.
AGENDA ITEM# 8B
MARCH 28, 2016
We are requesting a waiver from the statutory provision requiring a 25' buffer zone between lands
considered wet and construction activities, in this case a new residential1400 sq. ft. single family home.
The site we are requesting the waiver for is only 70' x 102'. When taking into consideration the required
setbacks established in zoning RS-2, it is physically impossible to build a home while attempting to
observe the minimum 25' natural buffer. Because of the presence of wetlands to the south and west, we
would not be able to build and respect the 25' buffer zone because of the required setbacks. Based on
the foregoing, our request for a waiver meets the requirements needed for approval of such request by
the City Commission.
We are also requesting a waiver from the requirement to replace impacted wetlands on the same site or
on another site within the City limits. The home we are proposing to construct will not only enhance and
retain the exceptionally high quality of life and the residential character of both the City and the
neighborhood in which it is located, but it will also be environmentally friendly. The home will have
photovoltaic solar panels and a solar water heater, both of which lowers the carbon footprint ofthe
home and its occupants. The new home will be built on a parcel of land that, in its current state, is
located on a dead end street and is a bit of an eye sore with over grown vegetation, including trash and
debris, from years of abandonment from prior uncaring owners. It is obvious from the trash and debris
present on this property that it has had vagrants and other unwanted visitors in the past. Thus, the
construction of a new energy efficient home on this property will enhance the beauty of the
surrounding neighborhood, raise property values in the neighborhood, and improve and increase
security in the neighborhood by eliminating places for undesirables to hang out or trespass.
We obtained federal and state permits to impact a very small amount of jurisdictional wetlands, .09 of
acre or 3920 square feet. Copies of the permits are attached to this waiver request form.
The City, at present, does not have any available places or alternative locations within the City of
Atlantic Beach to restore the impacted wetlands. The provision to mitigate wetlands within City
boundaries without offering suitable, available sites that can be replanted with wetlands within City
boundaries makes it both impracticable and impossible to comply with the provision imposed.
Therefore, as a matter of public policy, due to the impracticability and impossibility to comply with this
provision, the waiver should be granted.
Despite the lack of available sites within the City, we mitigated the wetlands that will be impacted by
paying to restore the wetlands into a local wetland bank located in our basin, as required by federal and
state law, to offset the wetland impacts that will be caused by building the home. In addition, we
designed and engineered a system to retain our own storm water runoff, which has been approved by
federal and state jurisdictional authorities. (See permits from the DPEP and Army Corp of Engineers
attached).
Every effort will be made during construction to minimize the impact to the surrounding properties. As
an extra safety net, both the DPEP and the Army Corp of Engineers will be inspecting the property for
compliance with all federal and state laws both during and after construction. If, at any time, the
property changes ownership the new owners must sign and accept to continue to maintain the federal
permits.
We believe that the waiver of the provision is warranted and should be approved for several reasons.
First, the owner procured the required federal and state wetland mitigation permits. In addition, the
owner paid to restore the wetlands, as required by federal law, in an approved wetland bank located in
a designated local wetland basin because the City currently offers no reasonable alternative solutions or
locations within its boundaries to mitigate small amounts of wetlands to its occupants. Finally, approval
of the waiver is in the best interest of the City and the local neighborhood. An esthetically beautiful,
well-built, energy efficient home will serve the neighborhood and its neighbors in many better ways
than a vacant abandoned lot.
AGENDA ITEM# 8B
MARCH 28, 2016
MAP SHOWING SURVEY OF
LOT 1, BLOCK 219, ALTANTIC BEACH SECTION '"H'', ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 18 PAGE 34-, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
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FOR: DESTINATION HOMES, LLC
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NOTE: INVASIVE SP~CI'OS TRESS 'lOT LOCATED
ECK LAND SURVEYORS, INC.
GENERAL NOTES:
1 660 EMERSON STREET
JACKSONVILLE, FLORIDA 32207
(904) 396-6334
FAX (904) 396-9997 \· ';. > .. ~"'
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2. No abstract of litle furnished.
WRLU G. t\'tRE.lf, JR.
Ccrt(fioata No. 3287
LOUIS J. E\o'ERill
Cerlifieate No. 4099
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As best determined from an
inspection of Flood Insurance Rote
Mop: 120075 0408 H
dated G-J-1 J , the lands/house
surveyed lie in Zone HXII & ~'A£".
1.l This is a: Boundary :survey.
3. Not abstracted for easements.
4. Basis of Bearings: N/A
Not valid unless Surveyor's
Official Seal is embossed
hereon.
Protassfonal Surveyors &: Mappers
State of flortda
SCALE: 1 "=20' DATE: 12-4-13 FlELD BOOK~ PAG~ DRAFTSMAN: J A B ORDER #. 13215 -A
AGENDA ITEM # 8B
MARCH 28, 2016
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MAP SHOWING SURVEY OF
LOT 1, BLOCK 219, ALTANTIC BEACH SECTION ''H", ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 18 PAGE 34, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
FOR: DESTINATION HOMES, LLC
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o.:i· .. · f0_ 1 /2~ IR(IN 1 02_-G5'
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(W:D-i c.•.p)
WEST 14th STREET
6" OAKO
06" OAK
(50.0 FOOT RIGHT-OF-WAY)
(NOT PAVED)
illENlli
CONCRETE MONUMENT
!RON PIPE OR ROD
OVERHEAD ELECTRIC
OVERHEAD TElEPHONE
CROSS-CUT IN CONCRErE
FENCE
0 10' WILD OLIVIC
0 13" OAK
GENERAL NOTES:
1660 EMERSON STREET
JACKSONVILLE, FLORIDA 32207
(904) 396-6334
FAX (904) 396-9997
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As best determined from on
inspection of Flood tnsuronce Rate
Map: 120075 0408 H
1.~ This is o: Boundary survey.
2. No abstr-act of TtUe furnished.
3. Not abstracted for 60Sements.
4, Basis of Bearings: N/A
Not valid unless Surveyor's
Official Seal is embossed
hereon.
cerUficahi No. 32B7
LOUIS J. EVERETT
Cert1fit:df; No. 4099
dated 6-3-13 , the IQnds/house
surveyed lie in Zone "X" & ·PE.''.
Prolesaional Survotors & Mappers
Slate oi Florida
SCALE: 1"=20' DATE· 12-4-13 FIELD BOO~.PAG~ DRAFTSMAN: J A 8 ORDER #. 1 3215 -A
AGENDA ITEM #8B
MARCH 28, 2016