Exh 7DAGENDA ITCNI #I7D
SI;PTI;IVIBCR 12, 2x05
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Introduction and first reading of proposed Ordinance 90-OS-1$7, which
shall change the Zoning District designation from Commercial (CG} to
Residential, Sirigle-family (RS-1) for City-owned property on the south
side of West First Street and east of Begonia Street for the purpose of
creating up to four single-family residential lots.
SUBMITTED BY: Sonya Doerr, AICP ~,cJ
' ~ Community Development Director
DATE: August 29, 2005
BACKGROUND: The City owns approximately 2.39 acres located on the south side of West
First Street, east of Begonia Street. The property was purchased by the City a number of years
ago for the purpose of developing a solid waste transfer station. The site is heavily wooded,
undeveloped and has a Zoning District designation of Commercial and a future land use
designation of Commercial. Residential development is permitted in the Commercial land use
category where adjacent to commercial and where not located within the Coastal I-Iigh I-Iazard
Area. This property adjoins commercial uses and is not within the Coastal High Hazard Area.
The City Commission directed staff to proceed with the rezoning and re-platting process at the
• ~ June 13, 2005 meeting. The City proposes to rezone this property to RS-1 (Residential, Single-
, family} and plat four new lots, with the City maintaining ownership of one lot. The City will
then consider construction of a modest residence on this lot, which would be leased to a police
officer. It is the City Commission's opinion that the development of several new homes along
this street, which provides the main access to Tideviews Preserve, particularly if one is occupied
by a police officer, may help resolve ongoing security concerns in this immediate area.
. , The property is of sufficient size to create lots that meet or exceed the 75-foot wide by 100-foot
depth RS-1 District requirements, and also to create substantial buffers between adjoining
' properties and the adjacent commercial uses that front Atlantic Boulevard. The lots will be a
minimum of 100-feet in depth, and a natural buffer of approximately 200-feet will be maintained
between the rear of the new lots and the commercial uses, which front on Atlantic Boulevard.
' Driveway access will be from West First Street. Staff proposes the subdivision replat of this area
.. be known as "The Lots at Tideviews" and that the buffer area be dedicated on the subdivision
plat as parks and recreation area. (No other use of this area would he permitted, is so designated
on the subdivision plat.)
The City engaged Environmental Resource Solutions, Inc. (ERS) to conduct a Wetland
Delineation and Preliminary Environmental Assessment of the property. ERS advised that no
wetlands or environmental features of regulatory significance exist on the property. ERS further
reports that there are a few low areas that may stay mucky during heavy rainfall periods, but
there are no soil types, vegetative communities, protected species or habitats that would be
indicative of jurisdictional wetlands or other environmental issues.
September 12, 2005 regular meeting
AGT;NDA IT~1VI #t'1D
SEPTEMBIsR 12, 200
The Community Development Board considered this matter at their June, July and August
meetings. At the June meeting, the CD Board recommended approval of the rezoning and the re-
plat. At the July meeting, the matter was again discussed following objections by several
residents. The CD Board made a motion to re-consider the matter at the August meeting, and the
rezoning and re-plat were again advertised for public hearing before the CD Board on August 16.
At the August 16th meeting, a motion was made to again consider the rezoning at the September
meeting of the CD Board. That. motion failed to carry. A second motion was made to
recommend approval to the City Commission; that motion also failed to carry. The City
' ' Attorney has advised that the appropriate procedure is to now schedule the item for introduction
and first reading of the rezoning ordinance. (The proposed subdivision re-plat will be scheduled
for public hearing along with the second reading of the rezoning ordinance.)
SUGGESTED ACTION TO APPROVAL
Tlic City Commission m:iy consider a motion approve a change in Zoning District
designation from Commercial (CG) to Residential, Single-Family (RS-1) for 2.39 acres of
property owned by the City of Atlantic Beach for the purpose of creating up to four {4)
residential lots to be located on the south side West First Strcct, cast of Begonia Street,
provided:
1. This request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
. 2. This rezoning to Residential, Single-family (RS-1) is consistent with the Future Land Use
Designation of Commercial in that the proposed development adjoins commercial uses
' ' and is not within the Coastal High Hazard Area.
3. The rezoning to Residential, Single-family (RS-1) is consistent with the City's Land
` ' Development Regulations.
4. The zoning district designation of Residential, Single-family (RS-1) is consistent and
compatible with surrounding development.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve a re-plat of Lots 1-6, Block 126 within the
Section H subdivision.
ATTACHMENTS: Proposed ordinance, draft minutes of the August 16th Community
Development Board meeting and supporting information
REVIEWED BY CITY MANA
September 12, 2005 regular meeting
AGENDA ITEM #7D
SEPTI±/MBER 12, 2005
ORDINANCE NUMBER 90-0~-187
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING
LANDS AS DESCRIBED HEREIN FROM COMMERCIAL GENERAL (CG)
TO RESIDCNTIAL, SINGLE-FAMILY (RS-1); PROVIDING FINDINGS OF
FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION;
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach hereby Finds that the
change in Zoning District designation, for those lands described as Blocks 4, 5, 6, 7, 8 and 9,
within Atlantic Beach Section "H" subdivision as recorded in Plat Book 18, Page 3~ of the
. Public Records of Duval County, Florida, as enacted by this ordinance shall provide for orderly
growth; encourage the appropriate use of Land; protect and conserve the value of property;
prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and serve to establish
consistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held by the
Community Development Board on the 21st day of June, 2005 at 7:00 p.m. and on the 16th day
of August, 2005 at 7:OOp.m. Introduction and first reading of the proposed Ordinance was held
by the City Commission on the l2th day of September, 2005 at 7:15 p.m. Second reading of the
proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on
the 26th day of September, 2005 at 7: I S p.m.
NOW TI3ERI+;FORC, BE IT ENACTED BY TI-iE CITY COMlYIISSION ON BEPIALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission finds as follows:
1. The change in Zoning District designation has been fully considered after public hearing
with legal notice duly published as required by law.
2. The change in Zoning District designation Commercial General (CG) to Residential,
Single-Family (RS-1) is consistent with the Comprehensive Plan and the Future Land
Use Designation of Commercial in that residential development is permitted in the
Commercial land use category where adjacent to commercial and where not located
within the Coastal High Hazard Area. This property adjoins commercial uses and is not
within the Coastal I-Iigh Hazard Area.
Ordinance 90-OS-187 Page 1 oft
AGENDA ITBNI #7D
SIJPTI;MBIrR 12, 2005
3. The change in Zoning District designation to Commercial General (CG} to Residential,
Single-Family (RS-1) is consistent with the Land Development Regulations for the City
of Atlantic Beach.
4. This change in Zoning District designation is consistent and compatible with surrounding
uses and development.
SECTION 2. Pursuant to this change in Zoning District designation, the Zoning District
designation of those lands as described and depicted in attached as EXHIBIT A, shall be re-
designated as Residential, Single-Family (RS-1.)
SECTION 3. To the extent that they do not conflict with any specific and detailed
provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic
Beach as such may be amended from time to time shall be applicable to development and use of
lands referenced herein. Furthermore, notwithstanding any provision of this ordinance, no
portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be
deemed waived or varied by any provision herein.
SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
' ' Florida Statutes.
SECTION S. This ordinance shall become effective on the date passed and enacted by
' final reading. Upon the effective date of this Ordinance, the change in zoning classification shall
.. be recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
official.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of September 2005.
Passed on final reading and public hearing this 26th day of September 2005.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA BUSSEY
City Clerk
Ordinance 90-OS-187 Page 2 of 2
AGCNDA ITI:NI #'7D
SI•rPTEMBRR 12, 2005
Draft Minu[es of August 16, 2005 Canmtuuty Development Board meeting
4. Old Business.
. a. Public hearing to re-consider a recommendation to the City Commission from the June
21, 200 meeting related to REZ-2005-d1, and placed on this agenda for reconsideration
• at the request of the Community Development Board made by motion at the July 19,
2005 meeting.
R~Z-2005-01, City of Atlantic Beach. Change in Zoning District designation from
Commercial {CG) to Residential, Single -family (RS-1) and proposed Subdivision re-
plat for 2.39 acres of City-owned property on the south side of West First Street and
cast of Begonia Street for the purpose of creating up to four single-family residential
lots that arc a minimum of 75-feet in width and 100-feet in depth each.
• Chris Kaddigan, 123 Jasmine Street stated that he understood that this are wetlands and
you could ~ not put a modular home on the property. if the City is concerned about
safety and housing a police officer, there are other homes that are for sale/lease that an officer
could occupy instead of having to tear down the tree buffer and build homes.
Mr. Jacobson stated that the matter of changing the zoning from Commercial to Residential
initially came before the Community Development Board in June. Mr. Jacobson also stated
in the June meeting, this matter was presented that it would be good welfare for the city by
' having the zoning changed. Since the June meeting, there have been several questions raised
by the residents about this particular parcel of land. Mr. Kaddigan stated that being a
teenager, he has seen several prostitutes having sexual intercourse, bums hiding in bushes,
things that should not be there. IIe also said that he has seen people sleeping under the
walkways.
Mayor Meserve stated that he appreciated the work of the Community Development Board
and would like to address a couple of issues. Mayor Meserve stated that this particular issue
is not staff driven and the Commission knows that there is a heavy crime in the park. Mayor
Meserve stated that there have been many instances leading to criminal acts that have all been
associated with the park's remote location since it was built. Such as: several cocaine arrests,
attempted murder, domestic abuse, suspicious activities, trespassing, vandalism, arson, armed
robbery, and kidnapping/assault. The Commission wondered how to handle the crime
problem, the solution may be to put a police officer at the very end of the proposed 4 lots.
The park is a law swampy area and is unable to house a trailer because of restrictions
associated with funding of the park. As it is now, the park is very difficult to patrol. The
Commission believes that housing an officer on one of the four lots may help improve
neighborhood safety.
Mayor Meserve also stated that this idea was proposed by the City Commission and has been
discussed for several years. Mayor Meserve stated that he felt this was a good plan, and that
it was the role of the Community Development Board to determine if this matter was
consistent with the rules of the City and the Comprehensive Plan. The Mayor further stated
that he would vote to approve the rezoning and this proposal when it comes before the
Commission.
Mr. Jacobson stated that he understood that the Commission had not yet acted on this issue.
Mayor Meserve replied that the Commission has instructed staff to go forward with the
2
AGENDA ITEM #7D
SEPTENTBER 12, 2005
Draft ~Ylimrtes ofAugust 16, 2005 Couununrty Dc,velopme»t Board meeting
rezoning process. Ms. Doerr stated that the ordinance has not been introduced to the
Commission. Mayor Meserve stated that the Commission did not feel that it was appropriate
to vote on the issue without the participation of the CD Board. Mayor Meserve stated that the
role of the CDB board is to decide whether the matter is legal and complies with the City's
laws and procedures. Ms. Doerr stated that the CD Board's recommendation is a required
part of the rezoning process.
. Mr. Jenkins stated that it was his understanding that the CD Board had already voted to
recommend approval on this matter at the June meeting. He asked why the Board was again
considering this. Ms. Doerr stated that several citizens had attended the July meeting and
wanted to speak about the issue, so the CD Board asked that it be brought back for further
discussion at the August meeting. Mr. Jenkins stated the zoning is currently commercial, and
' he felt that the residents should appreciate the City wanting to rezone it as residential. Mr.
Jacobson informed Mr. Jenkins that he felt the CD Board should provide time to hear what
the citizens have to say about this, and that is why the Board asked that it be brought back to
the CD Board for an additional meeting. Ms. Doerr advised that this was not an urgent
matter, but that the City Commission had directed staff to move forward with the rezoning
process.
. Ms. Woods asked about the homeless people who live in the wooded area and the park, and
inquired whether creating these lots would just cause them ~to move to the other side of the
park. Mayor Meserve stated that he cannot guarantee that no one will live in the woods, but if
you have residents, houses and back yards that back up to the park, it may deter some of this
activity. Mr. Jacobson asked if the crime problem is inside of the park or the wooded area.
Mayor Meserve stated that the wooded area is not the only problem, but that the parking lot is
where much of the crime is happening.
Mr. Jacobson stated that as the City gets more and more developed, and as land becomes
more valuable, he is resistant to giving up property that is owned by the City. Would clearing
the land adjacent to the park be an option to solving crime problems? Mayor Meserve replied
that clearing the woods and the buffer between Atlantic Boulevard would upset the residents.
Board Member Jacobson asked if placement of a police officer on the property would be
permanent. Mayor Meserve replied that the details and terms of an officer living on the
property had not yet been completely worked out by the Commission.
Commissioner Rick Beaver, 319 12th Street, stated that after a City employee was badly
beaten and almost killed while working in the park last year, he went to Jim I-Ianson [City
Manager] and asked if it would be alright to at least look into the idea of housing an officer in
or near the park. I-Ie also stated that he met with five of the eight homeowners on Jasmine
Street to see what the homeowners thought about the idea of having an officer live at the park,
and all five were in favor of taking out some of the buffer in order to place a house fir
police officer. They felt this was greatly needed. Commissioner Beaver also expressed a
need for a neighborhood watch type program in the area.
Ms. Woods asked if having an additional access to the park from Atlantic Boulevard might be
an option. NIs. Woods stated that crime is a problem there because the park is under utilized,
if you make the park more accessible, crime may decrease.
Mr. Jacobson asked if any marketing has been done for the selling of the lots. Will people
want to buy these lots? Commissioner Beaver replied that he did not think it would be hard
to sell these lots.
3
AGirNDA ITI;NI #7D
• SI;PTI;NIBCR 12, 2605
Draft Minutes ofAugust 16, 2005 Coranrunity Developmen! Board meeting
• Commissioner Seaver stated that the park is under utilized because of fear and the perception
of crime. Mr. Jacobson stated that when he visited the park, he did not want to get out of his
car. Commissioner Beaver asked if he had seen a JSO or an Atlantic Beach police officer
.. near the park -you would have felt safer? Mr. Jacobson stated that he was not sure putting a
few houses near the property would take care of the crime.
Mike I-ioffmann, 176 Camellia Street, stated that this issue is very crucial to our
neighborhood. The buffer not only serves lst Street, but also Camellia Street. IIe also said
' that he thought this issue was handled poorly by Commissioner Beaver. IIe felt
Commissioner Beaver should have had a community meeting with all the residents. Mr.
Hoffman stated that the City had already damaged the neighborhood by allowing the flyover
to be built.
Mr. Hoffman also stated that the City should put an officer inside of the park so that they can
have a bird's eye view of everything. IIe also said that he has asked the City repeatedly to put
in security cameras. He said that the buffer the City wants to cut down conceals the noise and
ugliness of Atlantic Boulevard. He also stated that the conservative solution is to put a
• manufactured home inside of the park. Mr. Jacobson asked Mr. Hoffman if there was a
homeowner's association. Mr. IIoffman replied that one does not exist, and that there is no of
representation or support from City Hall. Mr. Hoffman continued to express his
• dissatisfaction with how the City had treated the Marsh Oaks neighborhood.
Ms. Woods asked Mr. Kaddigan if he was in favor of the project. Mr. Kaddigan replied that
he is not in favor of the project, but that he is in favor of having a cop reside on the property.
Mr. Jacobson asked Mr. Kaddigan how often is there police presence in the park? Mr.
Kaddigan replied that he sees the police about 2-3 times a month. IIe also stated that the City
should install cameras in the park. Mr. Jacobson asked Mr. Kaddigan if the parking lot fills
up. Mr. Kaddigan replied that it does fill up on certain days. Mr. Jacobson stated that
• Commissioner Beaver says that the neighborhood is in favor of the project, and Mr. IIoffman
says that the neighborhood is against the project. What do you [Mr. Kaddigan] think the
majority opinion is? Mr. Kaddigan replied that he felt that the neighborhood was not in favor
of tearing down the buffer, but that they are in favor of having a police reside in the park.
Pamela Kaddigan, 123 Jasmine Street, stated that the park has always been a problem, and
that there is a lot of drug traffic throughout the day. There are houses available for rent,
maybe a police officer would like to rent one of those. Ms. Woods asked Ms. Kaddigan if she
' was in favor or against the project. Ms. Kaddigan replied that she was not in favor of the
houses being built on the property.
' There were no other persons to speak for or against this item.
Mr. Jenkins made a motion to recommend approval to the City Commission of the
request for the change in zoning; motion seconded by Mr. Macinnes. Discussion.
Mr. Jenkins stated that this matter seems. to meet all of the requirements of the rezoning
process, and also complies with the Comprehensive Plan. I-Ie sees this rezoning as a positive
action and acut-and-dry application that meets all of our guidelines. Ms. Doerr asked if the
motion was intended to also include a recommendation of approval for the Subdivision re-
plat. Mr. Jenkins replied, yes, that the motion was intended to include the re-plat as well.
4
AGENDA ITEh1 #7D
SEPTEMBER 12, 2005
Draft Minuses of August !6, 2005 Comnurniry Development Board meeting
Ms. Woods stated that it is a major issue when changing City property from Commercial
General to Residential, and the residents do not see that this as a good idea for their
neighborhood. Ms. Woods states that she does not agree with the premise of the application.
Mr. Jacobson stated that this issue is quite perplexing. He stated that the public parks in
Atlantic Beach are important and should be protected, but that he has concerns that what is
being proposed is far reaching since selling this City-owned land is a permanent decision. He
stated that he would like to see further inquiry made before a final decision. He also said that
he wanted to hear from Chief Thompson regarding his thoughts about giving up this parcel,
and whether putting an officer on the property will solve the crime problems in this area.
Mr. Jacobson made a second motion to defer any action on this item until further
inquiry is made on this issue and the Board is able to hear from Chief Thompson.
Motion seconded by Ms. Woods. Ms. Doerr asked for clarification regarding the first
motion. Further disctissi'on. Ms. Doerr advised the CD Board that citizens will have more
opportunity for public input at subsequent public hearing before the City Commission. Ms.
Doerr confers with City Attorney regarding the recommendation to approve made at the June
meeting and whether that motion supersedes this motion for deferral.
Mr. Jensen stated that a motion needs to be made on this issue tonight. Board Member
Jacobson stated that he did not feel adequately informed. Board Member Jenkins asked if
Mayor Meserve or Commissioner Beaver had any discussion with Chief Thompson about this
issue. Mayor Meserve advised that he did talk with Chief Thompson, and he believes that
this plan is a good idea and will help the neighborhood. Commissioner Beaver stated that
there is already a recommendation from the CD Board to approve the rezoning.
The vote tivas called, and Mr. Jacobson and Ms. Woods voted in favor of deferring the
issue. Mr. Jenkins and Mr. MacInnes were opposed to the motion. The motion to defer
failed to carry.
Mr. Jenkins restated his motion to recommend approval to the City Commission of the
• rczoninl; and the re-plat. The vote vas called. Mr. Jenkins and Mr. MacInnes voted in
favor of the motion.. Mr. Jacobson and Ms. Woods voted in opposition to the motion.
Tlie motion failed to carry.
City Attorney Jensen advised Ms. Doerr that the matter should now be forwarded to the City
Commission with the minutes reflecting all actions and motions of the Community
Development Board related to this mater.
5
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