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Exh 7AAGENDA ITIrNI #7A DI;CIrNIBIJR 12, 2005 CITY OF ATLANTIC BEACH CITY COMIVIISSION STAFF REPORT .~ A(_ ENDA ITEM: First reading of proposed Ordinance 90-06-188, amending the definition of Impervious Surface within Section 24-17 of Chapter 24, Land Development Regulations. ~ SUBMITTED BY: Rick Carper, P.E. ~~ Public Works Director Sonya Doerr, AICP Community Development Director DATE: December 02, 2005 BACKGROUND: At the November 28th meeting, the City Commission inquired as to the history of the current definition for Impervious Surface, which allows Swimming Pools to be counted as a pervious surface, and following discussion of this matter, requested that this definition be modified. The definition of Impervious Surface (as current staff is informed) was the result of a "compromise" after the City initially proposed to adopt the 50%ISA limit on residential lots prior to 2001. To both Public Works and Planning Staffs knowledge, this exclusion of swimming pools from being treated as Impervious Surface is not typical. The attached ordinance proposes to revise this definition so that Swimming Pools would be included in the impervious surface calculation. In addition, the proposed ordnance clarifies the applicability of the City's 50% Impervious Surface Area (ISA) limit with respect to existing development. This clarification is necessary because of recent ISA waiver applications from sub-divisions developed as PUDs where an allowable ISA was not specified in the PUD approval~ordnance. BUDGET: No budget issues. RECOMMENDATION: Approval of Ordinance 90-06-188 upon first reading to revise the definition of Impervious Surface to include Swimming Pools as impervious surface area. ATTACHMENTS: Proposed Ordinance 90-06-188 REVIEWED BY CITY MANAGER: December 12, 2 AGENDA ITEM #7A DECEMBER 12, 2005 ORDINANCE NUMBER 90-06-188 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Zoning, Subdivision and Land Development Regulations, adopted as Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by modifying Article II, Section 24-17, Definitions, Impervious Surface, and upon enactment of this Ordinance, said definition shall read as set forth below. Imgervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking Lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. c,,,;,,,.,,;,,b ^^1^ _ ~>,^11 „^* _>,° ^.,~;,a°,.°,a .,~ r,,,„° , c,,,.~ ° bee-a~tse-e€ tl}ei~r-a~li *^ r°*^~^ ^~'~'°*~^^^' r^~^~~~^*°~, The water surface area of swimming pools, along with concrete bulkheads shall be considered impervious. Additionally, hewevet~ decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty percent (50%) Impervious Surface, provided that no barrier to natural percolation of water shall be installed beneath such material. Open grid Pavers must be installed on a sand base without liner in order to be considered 50% impervious. ' viiicSS viiici WIJC Qtlu ~UCt;lut;uit~ ~Jrl)VtUCU luC lil LIIeJC Li1IlU 1JCVClIIp[TlenC I~Ci;Ula[1UnS, or within another Ordinance establishing specific Impervious Surface Limits for a particular Development Project, the fifty percent (50%,~ Impervious Surface limit shall be the maximum Impervious Surface limit for all new residential development and redevelopment. In such cases where a previously and lawfully developed residential lot exceeds the SO% limit, redevelopment or additions to existing residential development ' " shall not exceed the pre-construction Impervious Surface limit, provided the stormwater and drainage requirements of Section 24-66 are met. Page 1 of 2 Ordinance Number 90-06-188 AGENDA ITEM #7A DECEMBER 12, 2005 • - SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and 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. Passed upon first reading by the City Commission of the City of Atlantic Beach this 12th • day of December, 2005. Passed upon final reading and public hearing this 09th day of January, 2006. DONALD M. WOLFSON Mayor and Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST DONNA BUSSEY City Clerk Page 2 of 2 Ordinance Number 90-06-188