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Item 8A- Options for Rewrite of Land Development CodeCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM SA DECEMBER 12, 2016 AGENDA ITEM: Options for the Rewrite of the Atlantic Beach Land Development Code SUBMITTED BY: Andrew DeCandis, AICP, Planning Director DATE: December 12,2016 BACKGROUND: The City Commission recently tasked the Planning Department to update, clean up and simplify the regulations via a rewrite process. There have been changes, additions and tweaks since the development of the Land Development Regulation in 1982. In 201 0 there was a major rewrite to Chapter 24 Articles I to VI modifying a major portion of the zoning code. These modifications affected the definitions, application process, number and type of uses permitted in zoning districts, exceptions, setbacks, the powers of the Development Director, PUD's, and variances among others. Recently, as a result of reaction to some types of development, requested variances and waivers, resulting in the perception that the Land Development Regulations require a complete rewrite. Some of the issues that have recently been identified as needing revision include regulations definitions, trees, signs, commercial uses, conflicts with the Comprehensive Plan and others. Additionally, the City has recently completed a Community Redevelopment Plan which if implemented will require some additional updates in the Regulations. Additionally, the City will enter its seven (7) year Comprehensive Plan EAR process in 2017. This is a State mandated review of the Comprehensive Plan. If the City intends to move forward with a rewrite of the Land Development Regulations, than it must go hand and hand with the EAR revisions to insure that conflict between the two documents is minimal. OPTIONS FOR A REWRITE OF THE LAND DEVELOPMENT REGULATIONS: There are several approaches to completing the LDR rewrite. This process can be accomplished by in- house staff but will take dedication of staff and substantial time. Bringing in temporary staff or outside consultants to do some or a majority of the work could reduce the rewrite time. Several options to consider include: Option 1 -Combine the LDR Rewrite with the 2017 EAR revisions to the Comprehensive Plan: Complete a comprehensive review and revision to the City's Comprehensive Plan as part of the City's 2017 Evaluation and Appraisal Report (EAR). Include as part of that EAR reviews series of public meetings on the issues of concern to the Atlantic Beach Residents. Once the EAR is completed, submitted and approved by the state of Florida, a review of the Land Development regulations will identify the areas of the LDR needing revision. Upon the identification of needed revisions to the LDR, City staff shall propose at a series of public meetings the revisions to the LCR that correspond to the EAR revisions. AGENDA ITEM 8A DECEMBER 12, 2016 Advantages of this approach is that it follows the intent of the Florida Planning law by first modifYing and adopting the Comprehensive plan then following up with a Land Development regulations that implements that plan. Estimated time frame to complete this is 18 months using only in-house staff or 12 months using temporary staff or outside consultants Option 2 -Complete a comprehensive staff rewrite to LDR only: Dedicate staff to review in its entirety the LDR for the purposes of identifying inconsistencies and the need for updates, clarifications and modifications to the Land Development Regulations (LDR). This will be a line-by-line review to identify inconsistencies, conflicts and failure to adhere to best practices. Upon completion of chapters, staff will hold public meetings to receive community impute before each chapter is submitted to City Commission and adopted. Advantaged of this approach is that the revision will be done in manageable blocks for with City Commission approval of each section as it is approved. Public input can be handled though workshops and through input at public Community Development Board meetings. Time frame for the rewrite is estimated at 12 months if handled internally. Option 2A-Completion of a comprehensive LDR rewrite by an outside firm: This option is a modification of Option 2 but is to be completed by a planning contractor. This will include the development of a Request for Proposal by Staff and the selection of a firm to handle the rewrite. The advantage of this option over option 2 is that it will reduce the time needed to complete the rewrite. The disadvantage of this option is that it will cost some additional dollars that the City Currently does not have budgeted. Rewrite is estimated at 9 months to complete. Option 3 -Rewrite only chapters identified by City staff, elected leadership and the public as needing modifications: Revisions to include the review of the existing LDR address areas of concern brought up in recent years, remove inconsistencies, consolidate like subject matter, and group information in a fashion that facilitates ease of use with graphics and charts. This option will also include revisions needed to comply with any recent legislative changes, City organizational changes, court decisions, etc. The advantage of this option is that only revises those chapters that have been identified as needing revision. This option is also likely to take the least amount of time and the least costly. It is estimated that it will take 6 months to complete. RECOMENDATION: City Commission should provide consensus to the Planning staff on what option we should pursue for the rewrite of the Land Development Code. Since the code was significantly revised in 2010, staff recommends Option 3 -Rewrite only chapters identified by City staff, elected leadership and the public as needing modifications BUDGET: To Be Determined _4 REVIEWED BY CITY MANAGER: -J1 ~~ ~~