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
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REVIEWED BY CITY MANAGER: -J1 ~~ ~~