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10.16.2018 CDB Agenda Packet    CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / October 16, 2018 / 6:00 PM  Commission Chambers / 800 Seminole Road       1. Call to Order and Roll Call. 2. Approval of Minutes. A. Minutes of the September 18, 2018 regular meeting of the Community Development  Board.  3. Old Business. 4. New Business. 5. Reports. A. R-SM Zoning District Creation Discussion B. Comprehensive Plan Evaluation and Appraisal Report (EAR) Discussion 6. Public Comment. 7. Adjournment. All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic  Beach Community Development Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend  the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Any  person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the  entrance to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed and videotaped. The video is  available at www.coab.us.  If any person decides to appeal any decision made by the Community  Development  Board with respect to any matter considered at any  meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal  is to be based.  In accordance  with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing  special accommodations to participate in this meeting should contact the City not less than three (3) days prior to the date of this meeting  at the address or phone number above.       Page 1 of 3 Minutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD September 18, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:04 p.m. by Chair Lanier. Mr. Hansen, Mr. Elmore, Ms. Paul and alternate Mr. Tingen were all present. Ms. Simmons and Mr. Major were absent. Also present were Director Shane Corbin, Principal Planner Derek Reeves, Planner Brian Broedell, Board Secretary Valerie Jones and the City Attorney, Brenna Durden representing the firm Lewis, Longman and Walker. 2. APPROVAL OF MINUTES A. Minutes of the August 21, 2018 Regular Meeting of the Community Development Board. Mr. Hansen motioned to approve the minutes. Ms. Paul seconded the motion. The motion carried unanimously. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. ZVAR18-0016 PUBLIC HEARING (Sarah L. Young) Request for a variance as permitted by Section 24-64, to decrease the required side yard setback from 10 feet to 7.5 feet to allow for an addition and to decrease the side yard setback from 10 feet to 7.5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 10-B Planned Unit Development to 6 feet to allow for a screen enclosure at Selva Marina Unit 10-B Lot 7 (aka 1820 North Sherry Drive). Staff Report Planner Broedell said that the first part of the request is to construct a 611 square foot addition to the side of the existing single-family house. The addition would be located 7 feet 6 inches from the side property line. The second part of the request is to construct a screen enclosure attached to the proposed addition in the back yard and it would be located 7 feet 6 inches from the same side property line and 6 feet from the back property line. The need for a variance comes from Section III(d) of the Selva Marina Unit 10-B PUD which states that no dwelling, enclosed swimming pool or similar structure shall be located, placed, altered or permitted on any lot in said subdivision outside of the dwelling zone. The PUD defines the dwelling zone as the area within the setbacks of 20 feet in the front, 20 feet in the rear and 10 feet along the sides. Page 2 of 3 The Selva Marina Unit 10-B PUD covenants and restrictions that were approved in 1978 are used as a governing text for this PUD. Planner Broedell said that they were not always enforced, there have been different standards applied to this area over the years. He said that Staff is currently working on creating a new zoning district for this area. Planner Broedell displayed a map which showed 13 other screen enclosures that Staff has record of. They are outside of the dwelling zone with their respected PUDs, 2 of the 13 were approved recently through variances. Mr. Hansen asked if this would conform to the RS-1 zoning district. Planner Broedell said it did in regards to the setbacks. Applicant Comment Sally Young introduced herself and her husband, Mark Young, as the owners of 1820 Sherry Drive North. She talked to the Board about the proposed addition and design. Mr. Young noted that the screen enclosure will not be seen from the street but the neighbors will be able to see it. Ms. Young said that they made the pool smaller to work with the setbacks and they will be doing landscaping for privacy. The peak of their screen enclosure will be 23 feet. Ms. Young provided a letter of approval from her neighbors with signatures. There was further discussion including the slope of the property, the topography of the land and plans for landscaping. She provided pictures of screen enclosures in the neighborhood and of different plants and shrubs. Kamila Malewska of 12443 Harbor Winds Drive North, Jacksonville 32225 introduced herself as the designer from Level Up Designs. She displayed a hand drawn picture and explained the slope of the land and how it effects the proposed screen enclosure and the difference in the height from front to back. Ms. Malewska said that because of the topography it creates an illusion that the screen enclosure would be bulky and visible from the street even though it will not. Chair Lanier asked if the sloped area were to be filled in beyond the pool area. Ms. Malewska said it would be minimal because they did not want to cause drainage problems. It would only be filled in as required by the pool company. Public Comment Chair Lanier opened the floor to public comment. Walter McDermott of 1817 Sherry Drive North introduced himself as a neighbor who supports the Young's effort to improve their residence. He believes it will be a great addition to the neighborhood. Board Discussion Ms. Paul said that she doesn't object to the screen enclosure but she is concerned about the setbacks due to the recent feedback from the PUD community. Mr. Hansen said that for upwards of 10 years the City has been granting permits that meet the RS-1 zoning code. In the last year or so the Board has had multiple variance requests to use the RS-1 zoning and they have been granted. Mr. Hansen Page 3 of 3 said that the Board needs to be consistent and grant this variance because it is within the RS-1 zoning. He said that until the PUD zoning district is established it is the thing to do. Chair Lanier asked Staff what the rear setback is for the RS-1 and Director Corbin said that it is 20 feet for a primary structure and 5 feet for an accessory structure. Motion Mr. Hansen motioned to approve ZVAR18-0016 due to number 4 in the "Grounds for Decision" (Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property). Mr. Elmore seconded the motion. The motion carried unanimously. 5. REPORTS Director Corbin confirmed that Staff is diligently working on a Comprehensive Plan Update. He said they wanted to have that done by March and hope to have a refreshed version to the Board in the next couple months for consideration. Chair Lanier asked what the timeline was the Selva Marina PUD zoning district. Director Corbin said he could have it to the Board for a discussion item next month. He wants to have public outreach before the Board votes. He said they also wants to try to put some signs out and put a lot of information on the City website along with a mailing. 6. PUBLIC COMMENT There was no public comment. 7. ADJOURNMENT Mr. Hansen motioned to adjourn the meeting at 6:45 p.m. Mr. Tingen seconded the motion. The motion carried unanimously. _______________________________________ Linda Lanier, Chair _______________________________________ Attest     PROJECT SUMMARY RESIDENTIAL – SELVA MARINA ZONING DISTRICT BACKGROUND: The City is proposing to create a new zoning district called Residential, Selva Marina (R-SM) and rezone approximately 57 acres of existing Planned Unit Development (PUD) to the new zoning district. The area proposed for rezoning consists of 11 individual Planned Unit Developments and a total of 224 lots. PUDs were established in 1972 as a tool for the City to guide increasing development. Between 1976 and 1982, the 11 individual PUDs in this area were approved and accepted by the City. As a requirement of the PUD process at the time, each PUD had an associated “Official Plan” (covenants and restrictions) that was approved by and enforced by the City, as expressed in Ordinance 52-72-1. The “Official Plan”, or covenants and restrictions, of each PUD established development regulations including, but not limited to, setbacks, accessory structures, and fences. While the regulations for several of the PUDs vary, all are more restrictive than those of the city’s non-PUD residential zoning districts. For example, 10 of the 11 PUDs limit maximum fence heights to 4 feet and maximum dimensions for accessory structures to 6 feet by 8 feet. Additionally, each PUD requires all new structures to be approved by a “Developer” or by Special Boards that no longer exist, leaving enforcement duties solely to the City. However, since covenants and restrictions are usually private agreements that are not enforced by municipalities, the City has not always enforced these restrictions resulting in a mixture of development and various nonconforming structures within this area. In fact, records show over 90 permits in violation of the respective PUD restrictions that were approved by the City from as early as 1982. An analysis of these permits reveal at least 75 properties with permitted improvements that do not meet the PUD restrictions. Further, several meeting minutes and letters show that on various occasions the City applied RS-1 zoning regulations to development within these PUDs. Recently, as a result of enforcing the PUD restrictions, the Community Development Board has heard 7 variance requests relating to these PUDs in their 8 meetings this year. In an effort to promote compatible development as well as clear and consistent regulations, staff originally proposed to rezone this area from PUD to RS-1. However, feedback from residents following an open house on August 7, 2018 raised concerns about impact of the RS-1 design standards on the unique neighborhood character of the PUDs. Specifically, concerns were raised about the following:  Building Setbacks  Minimum House Size  Fences Allowed in Front Yards  Size of Accessory Structures In order to accommodate the variety of design PUD design standards, it was necessary to create the new R-SM zoning district with its own unique design standards. The R-SM zoning district maintains many of the original design standards of the PUDs such as building seatbacks for each separate PUD. However, the R-SM zoning district eliminates outdated standards such as the four foot height restrictions on fences for every PUD. Sec. 24-10X. - Residential, Selva Marina District (R-SM). (a) Intent. The R-SM zoning district is intended for development of single -family residential areas that were originally developed as Selva Marina and Selva Tierra P lanned Unit Developments (PUDs) during the 1970s. All development of land and parcels within the R -SM zoning district shall comply with the residential density limitations as set forth within the adopted comprehe nsive plan for the City of Atlantic Beach, as may be amended. The R -SM district is unique because it replace s 11 separate PUDs with varying design requirements. Standard R-SM zoning district design requirements shall apply to each lot unless otherwise specified. (b) Permitted uses. The uses permitted within the R -SM zoning district shall be: (1) Single-family dwellings. (2) Accessory uses subject to the provisions of section 24-151. (c) Accessory structures . Accessory structures subject to the provisions of section 24-151 except: (1) Detached garages, guest house or guest quarters, sheds, gazebos, pergolas, and other similar structures shall comply with the following : a. Maximum height: Fifteen (15) feet; b. Maximum size: One hundred and fifty (150) square feet ; and c. Setbacks: Five (5) feet from any rear or side property line . (2) Screen enclosures, defined as those structures with screen walls and roofs, shall comply with the following: a. Maximum height: Fifteen (15) feet; and b. Setbacks: Five (5) feet from any rear or side property line. (d) Uses-by-exception. Within the R-SM zoning district, the following uses -by-exception may be permitted: (1) Home occupations, subject to the provisions of section 24-159. (e) Minimum lot area. Existing legally established lots of record may exist, which do not meet the requirements of this section. These lots may be developed subject to all applicable land development regulations; however, all lots created after [effective date of adoption ] must comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the R -SM zoning district, which are created after the initial effective date of these land development regulations, shall be: (1) Lot area: Nine thousand (9,000) square feet. (2) Lot width: Ninety (90) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The R-SM zoning district has standard yard requirements and additional requirements for lots fronting on Selva Grande, Tierra Verde, Sea Oats, and Seminole Road. The minimum yard requirements in the R -SM zoning district are shown on figure 1 and shall be: (1) Standard Front yard: Twenty (20) feet. a. Lots fronting on Selva Grande Drive: Twenty five (25) feet. b. Lots fronting on Tierra Verde Drive: Twenty five (25) feet. c. Lots fronting on Sea Oats Drive and south of 19th Street: i. Platted building restriction line of thirty (30) feet along Sea Oats Drive. ii. Platted building restriction line of twenty five (25) feet along Saturiba Drive. iii. Platted building restriction line of twenty five (25) feet along 19th Street. d. Lots fronting Seminole Road and south of 19th Street: i. Platted building restriction line of twenty five (25) feet along Seminole Road. ii. Platted building restriction line of twenty five (25) feet along Saturiba Drive. iii. Platted building restriction line of twenty five (25) feet along 19th Street. (2) Standard Rear yard: Twenty (20) feet. a. Lots fronting Sea Oats Drive and south of 19th Street: Thirty (30) feet. b. Lots fronting Seminole Road and south of 19th Street: Thirty (30) feet. (3) Standard Side yard: Ten (10) feet. a. Lots fronting Sea Oats Drive and south of 19th Street: Fifteen (15) feet. b. Lots fronting Seminole Road and south of 19th Street: Fifteen (15) feet. Figure 1: R-SM Zoning District Yard Requirements (g) Building restrictions. Building restrictions within the R -SM zoning district shall be: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (h) Minimum living area: Minimum living areas for the R -SM zoning district shall be: (1) One story: Fourteen hundred and fifty (1,450) square feet. (2) Two story: Sixteen hundred (1,600) square feet. (i) Fences, walls, and similar structures : Fences, walls, and similar structures in the R-SM zoning district shall be subject to the provisions of section 24-157 except they: (1) Shall not be permitted closer to the front lot line than the main residence. (2) Shall not be permitted closer to any side lot line that abuts a street than the main residence. (3) Shall not be constructed of chain link or similar materials. (j) Effect on Existing Structures and Lots: As of [insert date of ordinance adoption ], any structure or lot in existence and in compliance with all applicable City Code requirements in effect prior to the adoption of this Ordinance xx-xxx-xx, or lawfully under construction, that would become non-conforming by virtue of the adoption of this Ordinance xx-xx-xxx, will be considered conforming with regards to use, design guidelines, and other applicable provisions of the City’s Code of Ordinances. If any valid application has been received by the City for a permit, site development plan, license, variance, subdivision plat, or other approval or compliance determination which is required by the City relative to the development of a structure or lot prior to the adoption of this Ordinance xx-xx-xxx, compliance with the provisions of the City’s Code of Ordinances, including without limitation, this Chapter 24 , in effect at the time of such receipt shall be required.     Population The Census 2017 estimated population for Atlantic Beach is 13,608 which is up nearly 1,000 from the 2010 Census reported population of 12,655. The 2012-2016 ACS reports a median age of 46.2 for Atlantic Beach residents, a slight increase from the 2010 Census reported median age of 43.9. The population pyramid below depicts the age distribution by gender of Atlantic Beach residents. The pie chart below represents the reported race of Atlantic Beach residents. (800)(600)(400)(200)0 200 400 600 800 85+ 75-79 65-69 55-59 45-49 35-39 25-29 15-19 5-9 Population Pyramid 2012-2016 ACS Estimates Male Female 87.9% 8.0% 0.6% 3.1% 0.0% 2.3% Race 2012-2016 ACS Estimates White Black or African American American Indian or Alaska Native Asian Native Hawaiian and Othre Pacific Islander Some other race Educational Attainment According to the 2012-2016 ACS Estimate, 94.2% of the population has at least a high school degree. Income Income Households Families Median Income $70,921 $86,375 Mean Income $115,725 $143,422 -The median earnings for residents 16 years and older with earnings is $35,294. -The mean earnings for the 5,079 full-time, year-round workers with earnings is $80,277 -Roughly 8.6% of the population is below the poverty line. Median Earnings by Educational Attainment: 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Less than high school graduate High school graduate Some college, no degree Associates degree Bachelor's degree Graduate or professional degree Educational Attainment Population 25 years old and over Transportation The vast majority of the working population drive personal vehicles to work. This correlates with 81.3% of the working population working outside of Atlantic Beach and a reported mean travel time to work of 26.7 minutes. $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 Less than high school graduate High school graduate Some college or associate's degree Bachelor's degree Graduate or professional degree Median Earning by Educational Attainment (Population 25 years and older with earnings) Series 1 Series 2 Series 3 85% 1%3.5%1.9% 8.8% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Car, Truck, or Van Public Transportation Walk/Bicycle Taxicab, Motorcycle, or Other Means Worked at Home Means of Transportation (Workers 16 years old and over commuting to work) Occupation/Employment Of the 11,239 residents 16 years old and over in Atlantic Beach, 7,329 reported to be in the labor force. Of these 7,329 residents, 381 reported being unemployed and 46 reported being in the Armed Forces. The chart below breaks down the occupation for the remaining 6,902 residents that are employed in the civilian labor force. 42.8% 21.4% 25.3% 5.7%4.8% Occupation (Civilian employees 16 years old and over) Management, business, science, and arts Service Sales and Office Natural resources, construction, and maintenance Production, transportation, and material moving Housing The 2012-2016 ACS Estimates that there are 6,554 housing units in the city. This is up from the 6,174 housing units reported in 2010. -65.6% (3,609) of the occupied housing units are owner-occupied while 34.4% are renter-occupied. -The median value of the 3,609 owner occupied housing units is $330,400, with 69% being valued at or above $200,000. 83.9% 16.1% Housing Units (6,554) Occupied Vacant 59.4%14.6% 6.7% 19.5% Number/Type of Housing Units 1 detached 1 attached 2 3+ 2010-2020 COMPREHENSIVE PLAN D-1 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 D. CONSERVATION AND COASTAL MANAGEMENT ELEMENT 2010-2020 COMPREHENSIVE PLAN D-2 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 D. Conservation and Coastal Management Element Goals, Objectives and Policies All conservation related activities and the management of coastal resources within the City of Atlantic Beach shall be in accordance with the following Goals, Objectives, and Policies. Goal D.1 The City shall protect, enhance and preserve beach and dune systems, as well as other coastal resources of environmental value, through proper maintenance and management practices, the avoidance of inappropriate use and development, including publicly-financed improvements within the Coastal High Hazard Area, and shall continue an ongoing program of re-vegetation and installation of properly designed public access-ways in areas that are subject to erosion such as the dune system. Objective D.1.1 Coastal High Hazard Area The City shall limit public expenditures that subsidize development within the Coastal High Hazard Area except for the maintenance, restoration, or enhancement of natural resources, and the provision for appropriate public access to and use of natural resources. Policy D.1.1.1 The Stormwater Master Plan, as revised and adopted in 20022018, shall be implemented based upon priority of need and in accordance with annual capital improvement planning and budget review and adoption. The plan shall be reviewed and updated by 20152028. Policy D.1.1.2 The City shall limit new public construction in the Coastal High Hazard Area to improvements that do not increase residential density and to that which customarily supports recreation and open- space use of the beach and waterway related resources, and which achieves dune stabilization and prevention of erosion through environmentally sound practices. 2010-2020 COMPREHENSIVE PLAN D-3 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Objective D.1.2 Storm and Flood Hazards The City shall continue best management practices that are intended to reduce damage to and erosion of dune systems and dune vegetation and estuarine environments that result from pedestrian traffic. Policy D.1.2.1 The City shall rigorously enforce its floodplain management regulations to conform with or exceed the requirements of the Federal Emergency Management Agency. Policy D.1.2.2 The City shall continue to partner in the Duval County Local Mitigation Strategy and participate in the Duval County emergency preparedness operations. The City shall review new Land Development Regulations for consistency with the Local Mitigation Strategy prior to adoption. Objective D.1.3 Protection of Dune Systems and Dune Vegetation The City shall prevent damage and destruction of dunes and dune vegetation. Policy D.1.3.1 The City shall rigorously enforce the Coastal Construction Code, and the Florida Building Code as these regulate construction within Coastal Areas. Policy D.1.3.2 The City shall continue best management practices that are intended to reduce damage and erosion of dune systems and dune vegetation, which may result from construction activities and inappropriate pedestrian traffic. Objective D.1.4 Public Beach and Waterways Access The City shall ensure adequate and convenient public access to the beach and other public waterways through maintenance of all public waterway and beach access-ways at the twenty-one street end locations existing as of the adoption date of this Plan amendment. Policy D.1.4.1 The City shall maintain all existing accesses including barrier- free ramps and shall join with other beach communities, the MTPOTPO, the City of Jacksonville and others in seeking means of accommodating beach visitors as a preferred alternative to the 2010-2020 COMPREHENSIVE PLAN D-4 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 construction of parking facilities at beach access-ways. Policy D.1.4.2 The City shall maintain all beach parking existing as of the date of this Plan amendment, and reduction in the number of public parking spaces available at beach accesses shall not be permitted unless such eliminated spaces are replaced in equal numbers and within similar proximity to the beach. Policy D.1.4.3 The City shall not permit, either through public or private action, public access ways to the beach, the Intracoastal Waterway, or other waterways, which are open to the public as of the date of adoption of this Plan amendment, to be closed, vacated or restricted from public use in any manner. Policy D.1.4.4 The City has determined that there are no appropriate locations for marinas within the City of Atlantic Beach. Policy D.1.4.5 The City will cooperate and coordinate with the City of Jacksonville to provide information as necessary related to any County marina development or applicable plans. Objective D.1.5 Environmental Conditions The City shall limit new development of shoreline sites so as to conform to the objective of reducing environmental degradation, as well as to encourage visual and physical accessibility, open space conservation, wildlife preservation and compatibility between adjacent uses. Policy D.1.5.1 In accordance with Section 163.3202, Florida Statutes, the City shall maintain within its Land Development Regulations establish the following: (a) Percentage of native vegetation to be protected, preserved or replaced within Environmentally Sensitive Areas during and following site development or construction activities. (b) A buffer zone of natural vegetation around wetland and deepwater habitats. (c) Stormwater retention and detention standards, which maintain rates and amounts equal to conditions existing prior to development. 2010-2020 COMPREHENSIVE PLAN D-5 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Goal D.2 The City shall maximize, to the extent feasible, provisions and opportunities for the protection of life and property from the effects of hurricanes and other natural disasters. D.2.1 Hurricane Evacuation The City shall maintain a comprehensive hurricane evacuation management plan and shall incorporate into that plan measures deemed necessary to maintain or reduce the City’s evacuation clearance times. Policy D.2.1.1 The City shall cooperate with and assist other communities in identifying adequate public upland shelter spaces and shall not approve new development that creates undue burdens on the number of spaces available for threatened populations. Policy D.2.1.2 The City hereby adopts and shall maintain a Level of Service standard of a 12-hour evacuation time for a Category 5 storm for out -of-county hurricane evacuation. Policy D.2.1.3 The City shall not approve Plan amendments that increase residential density within Coastal High Hazard Areas in that such increases to existing densities have the effect of concentrating populations in hazard prone areas and may result in an increase of hurricane evacuation times for the City and the County. Policy D.2.1.4 The City shall coordinate hurricane preparedness activities with other local governments and affected agencies within the region; review its emergency preparedness plan each year; maintain a broad program of activities to increase public awareness; meet the evacuation needs of special populations, and through coordination with other local governments, strive to achieve an evacuation time within the “quick” response time frame for each storm category. Policy D.2.1.5 The City’s evacuation plan shall be consistent with the Duval County Hurricane Evacuation Traffic Management Plan as amended and shall maximize efficiencies in traffic movement so as to reduce or maintain evacuation clearance times within the City of Atlantic Beach. Objective D.2.2 2010-2020 COMPREHENSIVE PLAN D-6 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Redevelopment within the Coastal High Hazard Area Redevelopment activities within the Coastal High Hazard Area shall be guided by the redevelopment provisions as set forth within the Land Development Regulations, which shall serve the purpose of reducing the vulnerability of people, property and natural resources to damage from coastal storms. Policy D.2.2.1 The City shall coordinate with Duval County in reviewing and revising the City’s Hurricane Plan and pertinent portions or regulatory codes as necessary to achieve the following policies. Policy D.2.2.2 Implement a temporary moratorium on construction immediately following a hurricane occurrence until damage assessments and redevelopment policies have been determined. Policy D.2.2.3 Prior to re-entry of the population into evacuated areas, complete all critical cleanup and repair activities required to assure public health and safety. Policy D.2.2.4 Structures that are storm damaged over 50% of their most recent appraised value may be reconstructed only when the entire structure will then conform to all applicable regulations, including all Land Development Regulations, and Florida Building and Coastal Construction codes. Repairs made to structures damaged to a lesser degree shall comply with all applicable Land Development Regulations and Florida Building and Coastal Construction codes in effect at the time of such work. Policy D.2.2.5 The City establishes, for regulatory purposes, the Coastal High Hazard Area as the area below the Category 1 storm surge line as established by the Sea, Lake and Overland Surges from Hurricane (SLOSH) computerized storm surge model as mapped in the Storm Tide Atlas prepared by the Northeast Florida Regional Council as part of the current Regional Hurricane Evacuation Study pursuant to Chapter 163, Florida Statutes. Objective D.2.3 Hazard Mitigation The City shall seek appropriate means of reducing the potential for loss of life and property through provisions within the Land Development Regulations, including implementation of hazard mitigation policies from the Local Mitigation Strategy. Policy D.2.3.1 The City shall maintain provisions within its Land Development 2010-2020 COMPREHENSIVE PLAN D-7 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Regulations, which require that all new residential development within the Coastal High Hazard Area access assess impacts to hurricane evacuation times and shelter provision. Policy D.2.3.2 The City shall not approve Plan amendments, which increase residential density within the Coastal High Hazard Area, or where demands upon existing shelter space shall be increased. Goal D.3 The City shall protect, preserve and maintain natural environmental resources so as to maintain or enhance air quality, water quality, vegetative communities, wildlife habitats and the natural functions of soils, fisheries, wetlands and estuarine marshes. Objective D.3.1 The City shall cooperate with adjacent communities in regional air quality management programs so as to provide a high standard of air quality. Policy D.3.1.1 The City shall implement policies of the Local Mitigation Strategy appropriate to protect air quality and shall require mitigation prior to permitting of projects that may adversely affect air quality. Objective D.3.2 Conservation and Protection of Natural Coastal Resources The City shall maintain or adopt provisions w ithin its Land Development Regulations for private and public development, which conserve and enhance soils, native vegetation, living marine and water resources and wildlife habitats to the maximum extent possible. Policy D.3.2.1 The City shall require applicants for development permits to submit appropriate environmental surveys and reports prior to the issuance of development permits. All applications for development permits and applications to rezone to Planned Unit Development and other zoning related applications shall be required to identify environmental features, including any Wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas, and to sufficiently address any adverse impacts to Environmentally Sensitive Areas. Policy D.3.2.2 The City shall cooperate with the SJRWMD in implementation of 2010-2020 COMPREHENSIVE PLAN D-8 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 water conservation measures as set forth within the management plans and rules of the SJRWMD and the City’s Consumptive Use Permit issued by the SJRW MD. Policy D.3.2.3 The City shall protect potable water well cones of influence and shall maintain maps of such cones of influence and shall continue to implement the well-field protection regulations, as set forth within the Land Development Regulations so as to prohibit incompatible land uses. Such incompatible uses shall include all industrial uses, but shall also include uses, which have the potential to contaminate or degrade potable water supply wells, wetland functions or natural systems associated with Environmentally Sensitive Areas. Policy D.3.2.4 The City shall appropriately restrict land use activities, which may threaten water sources from stormwater runoff into recharge areas by maintaining the Stormwater, Drainage, Storage and Treatment Requirements as set forth within the Land Development Regulations. Development permits shall be issued only in accordance with the City’s National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the Water Management District and the Florida Department of Environmental Protection. NPDES requirements shall include use of Best Management Practices (BMPs) prior to discharge into natural or artificial drainage systems. All construction projects of one acre or more shall require a NPDES permit. Policy D.3.2.5 In accordance with Chapter 163.3202, Florida Statutes, the City shall establish and maintain within its Land Development Regulations, all necessary requirements and restrictions to ensure that land development, land disturbing activities, and land uses are managed in a manner which protects and conserves the natural functions of soils, fisheries, wildlife habitats, rivers, flood plains, wetlands (including estuarine marshes) and marine habitats including hatchling turtles. Policy D.3.2.6 The City shall cooperate with adjacent local governments and regulatory agencies to conserve and protect, as may be appropriate, unique vegetative communities located within the City and within adjacent jurisdictions. Policy D.3.2.7 The City shall designate Environmentally Sensitive Areas requiring protection as a means of implementing the Comprehensive Plan and shall include in its Land Development Regulations, prepared in accordance with S. 163.3202, F.S. means of ensuring protection of such lands from degradation. 2010-2020 COMPREHENSIVE PLAN D-9 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Policy D.3.2.8 Environmentally Sensitive Areas shall include lands, waters or areas within the City of Atlantic Beach which meet any of the following criteria: (a) All Wetlands, including those determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP) and the St. Johns River Water Management District (SJRWMD); (b) Estuaries, or estuarine systems; (c) Outstanding Florida Waters and Natural Water Bodies; (d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the Coastal Construction Control Line; (e) Areas designated as Conservation by the Future Land Use Map; (f) Essential Habitat to Listed Species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, and the U.S. Fish & Wildlife Service. Policy D.3.2.9 The City shall ensure environmentally sound management of hazardous wastes and reduction of potential problems resulting there from, through a multi-faceted program incorporating public information, enforcement of regulations and monitoring of waste handling activities. The following components shall be included within the City’s program: (a) Support the enforcement of current State and Federal regulations aimed at prohibiting discharge of wastewater containing hazardous and industrial waste into septic tanks or through stormwater runoff into aquifer recharge areas or surface water bodies. (b) Public education programs encouraging residents and business owners to avoid the dumping of used petroleum products, paint, hazardous materials and pesticides onto the ground or water bodies. (c) City coordination and monitoring of hazardous wastes by collection and transportation entities to ensure safe and responsible handling practices. 2010-2020 COMPREHENSIVE PLAN D-10 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Objective D.3.3 Regulatory Authority The City shall continue to cooperate with other permitting and regulatory agencies to improve estuarine environmental quality to achieve the estuarine water quality standards established by FDEP. Policy D.3.3.1 The City shall maintain, and amend as necessary, provisions within its Land Development Regulations to achieve consistency with the rules and regulatory authority of the SJRWMD. Policy D.3.3.2 The City shall coordinate with other governmental agencies during the review, permitting and development of sites which, if improperly developed, could have adverse impacts upon estuarine water quality and related resources, and through such coordination, the City shall ensure adequate sites within the drainage basin for water-dependent uses; prevent estuarine pollution which could adversely affect another governmental jurisdiction and ensure public access and reduce exposure to flood hazards. Policy D.3.3.3 The City shall coordinate its permitting activities with existing resource protection plans by notifying the administrators of such plans of any pending development activity or public improvement in a timely manner in order to ensure that such projects and activities can be reviewed and comments returned to the City prior to permitting. Objective D.3.4 Shoreline Development The City shall give priority consideration to shoreline land uses and site development improvements, which meet the following criteria: (a) Prevent adverse environmental effects. (b) Maintain or exceed the standards within this Plan for public access. (c) Avoid shoreline hardening structures. (d) Enhance estuarine water quality. 2010-2020 COMPREHENSIVE PLAN D-11 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Objective D.3.5 Natural Resource Based Recreation and Public Access The City shall provide opportunities for appropriate recreational uses and access to public waterways, the beach and natural areas and shall restrict activities that harm or diminish the public’s right to use such publicly owned natural resources. Policy D.3.5.1 The City shall prohibit the closure or abandonment of public right- of- ways or public lands that would restrict access to any public water bodies. Policy D.3.5.2 The City shall enforce the requirements for public access to beach areas as set forth in the Coastal Protection Act of 1985 in all permitting activities and through the course of coastal redevelopment programs. Policy D.3.5.3 The City shall prohibit the closure of existing beach and waterway accesses and any presently unopened easements, except in the case of risk to public safety as determined by the City’s public safety officials, or in the case of adverse environmental impact. Policy D.3.5.4 The City shall adopt within its Land Development Regulations provisions to provide for the appropriate recreational use of surface waters within the City that under public control or City ownership including dock construction, mooring and anchoring and resource protection regulations to the extent that the City has regulatory control over such resources. Policy D.3.5.5 The beach, River Branch Preserve, Dutton Island Preserve and Tideviews Preserve are the most significant natural resources within the City, and provision for the public’s use, enjoyment and access to these natural resources shall be a priority of the City through the provision of activities and facilities that are appropriate to character and environment of each location. Goal D.4 The City shall promote and encourage energy conservation and efficiency in an effort to reduce greenhouse gas omissions and protect the environment. Objective D.4.1 2010-2020 COMPREHENSIVE PLAN D-12 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Energy Efficiency and Energy Conservation The City shall encourage the development and use of renewable energy resources in order to conserve and protect the value of land, buildings, and resources, and to promote the good health of the City’s residents. Policy D.4.1.1 The City shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile. Policy D.4.1.2 The City shall continue to encourage and develop the “walk-ability and bike-ability” of the City as a means to promote the physical health of the City’s residents, access to recreational and natural resources, and as a means to reduce greenhouse gas emissions. Policy D.4.1.3 No action of the City shall prohibit or have the effect of prohibiting solar collectors, or other energy devices based on renewable resources from being installed on a building and as further set forth within Section163.04, Florida Statutes. Policy D.4.1.4 The City shall continue to promote and enforce energy efficient design and construction standards as these become adopted as part of the State Building Codes. The City shall also promote commercial and residential standards that are promulgated from time to time by the Florida Green Building Coalition, Inc. Objective D.4.2 The City shall improve energy conservation and efficiency in Cit y buildings, facilities and equipment. Policy D.4.2.1 The City shall develop and implement an energy management plan to minimize electric, fuel and water resources in City buildings, fleet vehicles and on public properties. Policy D.4.2.2 The City shall conduct periodic energy audits of public buildings and facilities to identify methods to reduce energy consumption and improve energy efficiency. Policy D.4.2.3 Public buildings and facilities shall be constructed, and adapted where reasonably feasible to incorporate energy efficient designs and appropriate “green” building standards. Green Building standards that should be observed are contained in the Green Commercial Buildings Designation Standard, Version 12.0, published by the Florida Green Building Coalition, Inc. 2010-2020 COMPREHENSIVE PLAN D-13 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 Policy D.4.2.4 The City shall continue to replace light-duty vehicles in need of replacement with hybrids, alternative fuel vehicles, or the most fuel - efficient and least-polluting vehicles available for specific functions whenever coast cost and reliability are similar to traditional vehicles. Goal D.5 The City shall ensure the development and redevelopment of property requires principles, strategies, and engineering solutions that reduce flood risk s which result from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise. Objective D.5.1 Development and Redevelopment The City shall implement development and redevelopment principles, strategies and engineering solutions to reduce or eliminate flood risk . Policy D.5.1.1 The City shall protect and restore floodplain areas when possible through land acquisition or conservation easement acquisition ; regulation, including setbacks, buffer zones , designated wildlife corridors, low density zoning, performance standards and open space requirements. Policy D.5.1.2 The City shall designate a Floodplain Administrator whom, when possible will be Certified Floodplain Manager, to enforce the provisions of Chapter 8 of the Code of Ordinances and other applicable regulations. Policy D.5.1.3 No development or redevelopment, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in the Floodplain Management Ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Policy D.5.1.4 Development or redevelopment within flood hazard areas shall be constructed with a minimum finished floor elevation of e ight and one-half (8.5) feet above mean sea level or with two and one -half (2.5) feet freeboard, whichever is greater, in order to reduce flood 2010-2020 COMPREHENSIVE PLAN D-14 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 losses. Policy D.5.1.5 The City shall manage its planning, regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA). Policy D.5.1.6 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, while utilizing sustainable flood management actions such as the installation of bioswales, the use of pervious pavement and the maintenance of natural preserve areas. Policy D.5.1.7 The City shall continue to work with the State of Florida Division of Emergency Management (DEM), the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFIP) to mitigate flooding hazards through the acquisition , elevation or relocation mitigation alternatives by utilizing such programs as the Flood Mitigation Assistance Program (FMAP), Repetitive Flood Claims (RFC). Objective D.5.2 Flood Regulations The City shall continue to require development and redevelopment to abide by the requirements of the Florida Building Code and State Statutes in encourage the development and use of renewable energy resources in regards to flooding. Policy D.5.2.1 The City shall continue to require development and redevelopment be consistent w ith the flood resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R part 60. Policy D.5.2.2 The City shall continue to require development and redevelopment seaward of the Coastal Construction Control Line (CCCL) established pursuant to F.S 161.053 be consistent with Chapter 161 of the Florida Statutes. Objective D.5.3 National Flood Insurance Program The City shall continue to implement ways to reduce flood insurance premiums 2010-2020 COMPREHENSIVE PLAN D-15 2010 EAR Based Amendment Adopted March 22, 2010 Coastal Conservation Element - GOPS by Ordinance Number 31-10-09 for their residents. Policy D.5.1.1 The City shall meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federally Regulations, Section 59.22 in order to reduce flood losses and achieve flood insurance premium discounts for residents . Policy D.5.1.2 The City shall continue to participate in the National Flood Insurance Program’s Community Rating System (CRS) administered by the Federal Emergency Management Agency to reduce flood losses and achieve flood insurance premium discounts for their residents .