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11.20.2018 CDB Agenda Packet CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / November 20, 2018 / 6:00 PM Commission Chambers / 800 Seminole Road 1. Call to Order and Roll Call. 2. Approval of Minutes. A. Minutes of the October 16, 2018 regular meeting of the Community Development Board. 3. Old Business. 4. New Business. A. Ordinance 90-19-236 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 24-102, ZONING DISTRICTS ESTABLISHED; ADOPTING NEW SECTION 24-115, RESIDENTIAL-SELVA MARINA (R-SM); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. B. Ordinance 90-19-237 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL-SELVA MARINA (R-SM); PROVIDING FINDINGS OF FACT; DIRECTING REVISIONS TO THE CITY’S ZONING MAP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C. Ordinance 31-19-12 PUBLIC HEARING AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO TRANSMITTING A NEW MAP SERIES TO THE STATE OF FLORIDA’S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID EAR-BASED AMENDMENTS AND NEW MAP SERIES UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE COORDINATED STATE REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. D. ZVAR18-0017 PUBLIC HEARING (RSNS, LLC) Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing cooler at 31 Royal Palms Drive (Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). E. ZVAR18-0019 PUBLIC HEARING (Handler Family Trust) Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing structure at 763 Atlantic Boulevard (B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). 5. Reports. 6. 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. November 20, 2018 Community Development Board Agenda Packet Page 2 of 46     November 20, 2018 Community Development Board Agenda Packet Page 3 of 46 Page 1 of 4 Minutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD October 16, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:01 p.m. by Chair Lanier. Mr. Hansen, Mr. Major, Ms. Paul and Ms. Simmons were all present. Mr. Elmore and alternate, Mr. Tingen, 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 September 18, 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 There was no new business. 5. REPORTS A. R-SM Zoning District Creation Discussion Director Corbin said that he wanted to make sure that the Board heard both of the proposals and had plenty of time to digest everything before the next meeting. Director Corbin explained that Staff took the feedback that came from many sources and came up with the proposal that he was presenting. Director Corbin explained that this new Zoning District is comprised of 12 PUDs developed by George Bull over the course of a decade in the early 70's to 80's. Originally the PUDs were set up with covenants and restrictions and they had to go through a Planning Advisory Board if the owner wanted to do something outside of the restrictions. That Planning Advisory Board is no longer in existence. Originally there was a PUD ordinance developed by the City that helped the City with control of future development. Director Corbin showed a color coded map that explained the build out process of approximately 250 lots from 1976 to 1982 resulting in the 12 different PUDs. He said that the biggest issues that Staff has had is that there is a 4 foot height fence restriction and owners want 6 foot fences. Many properties have 6 foot fences, some as a result of variances and some from Planning Directors that applied the RS-1 Zoning Standards to this area and issued November 20, 2018 Community Development Board Agenda Packet Page 4 of 46 Page 2 of 4 permits according to it. Other issues are the unique minimum home size, setbacks, inactive Planning Boards and debate over whether the covenants are expired. There are approximately 75 non-conforming lots and approximately half of the lots have fences and other items that put them in violation of their covenants and restrictions. Without the Planning Board, owners have had to come before the Board for a variety of exceptions. Director Corbin said that Staff originally planned on rezoning the whole area as RS-1 since that was the structure and framework that the Board had been looking at in the past. With that in mind, an Open House was held with about 30 owners in attendance. These owners were concerned about losing the unique character of these neighborhoods and especially the setbacks. Almost everyone agreed on correcting the fence height issue but they didn't want fences in the front yard. Their opinions varied on minimum house size, accessory structures and other issues. Staff's solution is a new Zoning District that would maintain the character of the neighborhood but give owners relief on the other issues. All of the PUD setbacks were kept the same and based on what frontage the lots faced. Minimum house size was split at 1,450 sf for the first floor, 6 foot fences are allowed in the rear yards but not allowed in the front yards, accessory structures of 150 sf and screen enclosures can be 5 feet from the rear property line. He said that signs were put in the neighborhood, the website was loaded with the original Covenants and Restrictions, along with a PowerPoint that had concept designs matching what Staff was drafting, including the language. Another Open House was held on Thursday, September 13th. Director Corbin said that there was no objections with the proposed Zoning District. B. Comprehensive Plan Evaluation and Appraisal Report (EAR) Discussion Director Corbin confirmed that Staff is diligently working on a Comprehensive Plan Update. He explained that there are 4 areas of the Comprehensive Plan that are going to be updated: 1) Table of Contents and Introduction: Staff would like to add a section on demographics since there are none in the current Comprehensive Plan, 2) Conservation and Coastal Management: This is a new provision called peril flood which is required by the State, 3) Capital Improvements: Staff has a draft of this to insert, 4) Maps: Update of all Maps currently in the plan and add a few. He said that every 7 years the Comp Plan needs to be updated or the City will be prohibited to make changes to it. One of the biggest challenges is to go through the Comp Plan line by line and catch all of the inconsistences of dates and references that need to be changed. Planner Broedell explained to the Board where he collected all of the demographic data (population broken down by: race, sex, age, earnings, etc.) Most of the data is from the 2017 Census and the 2012-2017 ACS Estimate. The Board discussed a variety of data from transportation, education, housing, income and occupations. November 20, 2018 Community Development Board Agenda Packet Page 5 of 46 Page 3 of 4 Director Corbin said it would be good to include State and National data, to which the Board agreed. Planner Reeves presented the peril flood information and he said that they already do about 99 percent of it. He explained that the information that needs to be included in the Comp Plan comes from the State mandated requirements and the State statute section. There were 6 bullet points that were added: Strategies to reduce flood risk, Best practices in flood zone development, Reducing flood insurance losses, Follow the Florida Building Code, Enforce the coastal construction control line and Involvement in the community rating system. This has to do with the National Flood Insurance Program which the City participates in and this gives residents discounts on their flood insurance. Staff created a new goal within the Conservation and Coastal Element to address this (Goal D5). It requires principal strategies and engineering solutions that reduce flood risks that result from high tide events, storm surge, flash flood, storm water run-off and related impacts of sea level rise. Planner Reeves said that the language comes directly from #1 in the state statutes. In order to address this, Staff created 3 objectives and 11 policies within the objectives. He said that they looked at other cities and their language: Jacksonville, Boynton and Satellite were all good examples. Planner Reeves went on to explain the objectives and policies and some of the details. Director Corbin informed the Board that Staff has put together the first Capital Improvement Plan since the adoption of the last plan in 2010. It is supposed to be updated on an annual basis with departments coming together and looking at long range projections and anything that is infrastructure related that is $20,000 or greater. Staff has put a plan together that is drafted out through 2025 including public works, water utilities and storm water. Planner Broedell presented all of the updated maps. He said that many of them didn't change but due to the annexation of the Country Club they still had to update them because the boundaries were off. Planner Broedell said that there are several properties that are being given different future land use designations. He explained some changes to the Wetland Map designations, along the beach and along the marsh. Planner Broedell said that the Environmentally Sensitive Areas map is supposed to include lands, water or areas in the City that meet certain criteria spelled out in the policy. Another map is the Coastal High Hazard map which is defined as the area below the elevation of a category 1 hurricane storm surge zone. He said that the old map was based on evacuation zones and not storm surge. The new map will include storm surge zones raging from category 1 up to category 5 including the high hazard areas. Nothing changed on the Military Influence Zone map except the boundaries. Planner Broedell said the Energy Efficiency and Conservation map had a new bus route that goes down Royal Palms and added a few bus stops. There are no changes to the Transportation map or the Potable Wells map. November 20, 2018 Community Development Board Agenda Packet Page 6 of 46 Page 4 of 4 Planner Broedell said that some new maps may be added: Sea Level Rise Scenarios mapped from NOAA data that shows potential sea rise from 0 to 6 feet; Shallow Coastal Flooding Areas shows low elevation and frequently flooded areas within the City. Chair Lanier asked if these maps were posted anywhere for the Board to s ee. Director Corbin said that Staff will put everything together to post at the website. Staff hopes to bring it to the Board in November for a vote and if it is approved it would then go to the City Commission and if approved by the Commission it would be transmitted to the State and the Regional Council. It would then come back to the Commission for a final adoption. 6. PUBLIC COMMENT There was no public comment. 7. ADJOURNMENT Ms. Simmons motioned to adjourn the meeting at 7:20 p.m. Mr. Hansen seconded the motion. The motion carried unanimously. _______________________________________ Linda Lanier, Chair _______________________________________ Attest November 20, 2018 Community Development Board Agenda Packet Page 7 of 46 ITEMS 4.A & 4.B November 20, 2018 Community Development Board Agenda Packet Page 8 of 46 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEMS 4.A AND 4.B CASE NO. 90-19-236 Request for a text amendment to Section 24-102 in order to establish the Residential, Selva Marina Zoning District as provided in Section 24-51. CASE NO. 90-19-237 Request to rezone 224 existing single family lots of Planned Unit Development to the Residential, Selva Marina zoning district following the provisions in Section 24-51. APPLICANT City of Atlantic Beach DATE November 14, 2018 STAFF Shane Corbin, Director of Planning and Community Development STAFF COMMENTS The City of Atlantic Beach is proposing to create the Residential, Selva Marina (R-SM) zoning district for the purpose of rezoning approximately 57 acres of existing Planned Unit Development (PUD). The area proposed for rezoning consists of 11 individual PUDs and a total of 224 single family lots. In 1972, the City adopted an ordinance requiring PUDs as a tool to guide future development. Between 1976 and 1982, the 11 individual PUDs associated with this proposal were approved and accepted by the City. The covenants and restrictions for each PUD established development regulations typically found in a zoning district 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, most 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. A recent analysis of the PUDs revealed at least 75 properties with improvements that do not meet their original covenants and restrictions. In addition, the Community Development Board considered 7 variance requests for PUD properties in 2018. In an effort to reduce property violations, reduce variance requests, and provide clear regulations, staff originally proposed to rezone these PUDs to the existing Residential, Single Family (RS-1) zoning district. However, feedback from the neighborhood following an open house on August 7, 2018 revealed concerns about the RS-1 design standards. Specifically, concerns were expressed about the following:  Building Setbacks  Minimum House Size  Fences Allowed in Front Yards  Size of Accessory Structures November 20, 2018 Community Development Board Agenda Packet Page 9 of 46 Page 2 of 4 In a response to public feedback from the August 7 open house, staff drafted a conceptual R-SM zoning district with unique design standards. The proposed R-SM zoning district maintains many of the design standards for each separate PUD such as building setbacks and minimal house size. At the same time, the proposed R-SM zoning district eliminates outdated standards such as the 4 foot height restriction on fences for every PUD. A second open house was held on October 11, 2018 regarding the proposed R-SM zoning district and PUD rezoning. Positive feedback was received from residents at the open house. Additional meetings were held with residents as needed. Staff believes a general consensus has developed in support for the R-SM zoning district and PUD rezoning. ANALYSIS Sec. 24-51. - Public hearings and required notice. (f) Ordinances that change the text of the land development regulations to revise the actual list of permitted, conditional or prohibited uses within a zoning category. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that change the text of the land development regulations to revise the list of permitted, conditional or prohibited uses within a zoning category. All public hearings shall be held on a weekday after 5:00 p.m. The second public hearing before the city commission shall be held at least ten (10) calendar days after the first public hearing. (2) Notice. All notices regarding ordinances that change the text of the land development regulations to revise the list of permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or their designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (¼) page, except that in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to F.S. ch. 50. Th e notice shall state the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the city where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances that change the text of the land development regulations to revise the actual list of permitted, conditional, or prohibited uses within a zoning category shall be in substantially the following form: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be November 20, 2018 Community Development Board Agenda Packet Page 10 of 46 Page 3 of 4 inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. (g) Ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. All public hearings shall be held on a weekday after 5:00 p.m. The second public hearing before the city commission shall be held at least ten (10) calendar days after the first public hearing. (2) Notice. All notices regarding ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more, shall be provided by the city manager or their designee in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter (¼) page, except in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to F.S. ch. 50. The notice shall state the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the city where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. Each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one (1) or more public hearings on such ordinance. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. REQUIRED ACTION CASE NO. 90-19-236 November 20, 2018 Community Development Board Agenda Packet Page 11 of 46 Page 4 of 4 The Community Development Board may consider a recommendation to approve Ordinance No. 90- 19-236, a request for a text amendment as permitted by Section 24-51, to change the text of the land development regulations to revise the actual list of permitted, conditional or prohibited uses within a zoning category. Or, The Community Development Board may consider a recommendation to deny Ordinance No. 90-19- 236, a request for a text amendment as permitted by Section 24-51, to change the text of the land development regulations to revise the actual list of permitted, conditional or prohibited uses within a zoning category. CASE NO. 90-19-237 The Community Development Board may consider a recommendation to approve Ordinance No. 90- 19-237, a request for a change to a zoning map designation for parcel or parcels of land greater than ten (10) contiguous acres as permitted by Section 24-51. Or, The Community Development Board may consider a recommendation to deny Ordinance No. 90-19- 237, a request for a change to a zoning map designation for parcel or parcels of land greater than ten (10) contiguous acres as permitted by Section 24-51. November 20, 2018 Community Development Board Agenda Packet Page 12 of 46 Page 1 of 6 ORDINANCE NO. 90-19-236 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 24-102, ZONING DISTRICTS ESTABLISHED; ADOPTING NEW SECTION 24-115, RESIDENTIAL-SELVA MARINA (R-SM); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Selva Marina Units 9 through 12-C, the Selva Tierra Planned Unit Developments (PUD) and certain other adjacent parcels (the “Selva PUDs”) each have unique yet similar sets of land use and development regulations established in the form of Covenants and Restrictions; and WHEREAS, the City Commission desires to have a standard set of land use and development regulations that are easily understood and enforced for all zoning districts within the City; and WHEREAS, the City held open house meetings on August 7, 2018 and October 11, 2018 soliciting the input of residents and two public workshops with the Community Development Board on August 21, 2018 and October 16, 2018; and WHEREAS, residents of the City desire to preserve the aesthetic environment of the Selva PUDs, warranting the creation of a new zoning district with specifications different from those of other existing zoning districts; and WHEREAS, the Community Development Board held a duly noticed public hearing on November 20, 2018, to consider this Ordinance, found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance; and WHEREAS, the City Commission has considered this Ordinance after proper public notice and hearings and receiving comments from staff and the public. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. Section 24-102 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to add Residential-Selva Marina (R-SM) to the list of zoning districts in the City and to read as follows: November 20, 2018 Community Development Board Agenda Packet Page 13 of 46 Page 2 of 6 The municipal area of the City of Atlantic Beach is hereby divided into the following zoning districts: Zoning District Classification Abbreviation Conservation CON Residential, Single-family-Large Lot RS-L Residential, Single-family RS-1 Residential, Single-family RS-2 Residential General, Two-family RG Residential General, Multi-family RG-M Commercial Professional and Office CPO Commercial Limited CL Commercial General CG Light Industrial and Warehousing LIW Special Purpose SP Central Business District CBD Residential, Selva Marina R-SM Special Planned Area District SPA SECTION 2. Regulation Added. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 24-115, which section shall read as follows: (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 Planned Unit Developments (PUDs) during the 1970s and 1980s. 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 comprehensive plan for the City of Atlantic Beach, as may be amended. The R-SM district is unique because it replaces eleven (11) separate PUDs with varying design requirements. Standard R-SM zoning district design requirements shall apply to each lot designated R-SM on the City’s Zoning Map unless otherwise specified herein. (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 detached 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. November 20, 2018 Community Development Board Agenda Packet Page 14 of 46 Page 3 of 6 (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. Legally established lots of record may exist as of [the effective date of adoption], which do not meet the requirements of this subsection (e). These lots may be developed subject to all applicable land development regulations; however, all lots created after [effective date of adoption] must comply with the following 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 effective date of adoption], 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 minimum standard yard requirements and alternative requirements for lots with frontage on Selva Grande Drive, Tierra Verde Drive, Sea Oats Drive, Seminole Road, Saturiba Drive, and 19 th Street except for accessory structures as provided in paragraph C above. The minimum yard requirements in the R-SM zoning district are shown in Figure 1 below and shall be: (1) Standard Front yard: Twenty (20) feet except as follows: 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 19 th 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 19 th Street. d. Lots fronting Seminole Road and south of 19 th 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 19 th Street. (2) Standard Rear yard: Twenty (20) feet except as follows: a. Lots fronting Sea Oats Drive and south of 19th Street: Thirty (30) feet. b. Lots fronting Seminole Road and south of 19 th Street: Thirty (30) feet. November 20, 2018 Community Development Board Agenda Packet Page 15 of 46 Page 4 of 6 (3) Standard Side yard: Ten (10) feet except as follows: a. Lots fronting Sea Oats Drive and south of 19 th Street: Fifteen (15) feet. b. Lots fronting Seminole Road and south of 19 th Street: Fifteen (15) feet. (4) If any ambiguity or inconsistencies for R-SM setbacks arise, Figure 1 below shall control. Figure 1: R-SM Zoning District Yard Requirements (g) Building restrictions. The following building restrictions shall apply within the R- SM zoning district: (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. November 20, 2018 Community Development Board Agenda Packet Page 16 of 46 Page 5 of 6 (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 : Any structure or lot in existence and in compliance with all applicable City Code requirements in effect prior to the adoption of this Section 24-115 or lawfully under construction on [insert date of the adoption of this Section], that would become non-conforming by virtue of the adoption of this Section shall be regulated pursuant to Section 24-85,; provided, however, that 24-85(c)(6) “This provision shall apply only to reconstruction following damage that has occurred from an unintended act, including fire and weather related events, and not from an intentional act of the property owner or occupant, in which case the required building setbacks of the particular zoning district shall be required” shall not be applicable to reconstruction within the R-SM Zoning district. If the City has issued any development permit authorizing uses and or structures prior to the public notice of this Section on October 19, 2018, compliance with the provisions of the City’s ordinances, including this chapter without limitation, in effect at the time of approval shall apply to such development permit. SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are hereby repealed to the extent inconsistent herewith. SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this ____ day of ________, 201__. PASSED by the City Commission on second and final reading this ___ day of ________________, 201__. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: November 20, 2018 Community Development Board Agenda Packet Page 17 of 46 Page 6 of 6 Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney November 20, 2018 Community Development Board Agenda Packet Page 18 of 46 Page 1 of 4 ORDINANCE NO. 90-19-237 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL-SELVA MARINA (R-SM); PROVIDING FINDINGS OF FACT; DIRECTING REVISIONS TO THE CITY’S ZONING MAP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the change in zoning classification 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 implement the goals and objectives of the Comprehensive Plan; and WHEREAS, the lands subject to this change in zoning classification were developed under Planned Unit Development code provisions created under Ordinance No. 52-72-1 that no longer exist within the Code of Ordinances of the City; and WHEREAS, the City held open house meetings on August 7, 2018 and October 11, 2018 soliciting the input of residents and two public workshops with the Community Development Board on August 21, 2018 and October 16, 2018; and WHEREAS, the Community Development Board held a duly noticed public hearing on November 20, 2018, to consider this Ordinance, found it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance; and WHEREAS, the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Findings of Fact. The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission finds as follows: November 20, 2018 Community Development Board Agenda Packet Page 19 of 46 Page 2 of 4 a. This change in zoning district classification has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Sections 24-51, 24-62 and the Land Development Regulations. b. The proposed rezoning to Residential-Selva Marina (R-SM) is consistent with the Future Land Use Map designation of Residential, Low-Density and the goals, policies and objectives of the City’s adopted Comprehensive Plan. c. All development within lands subject to this rezoning to Residential-Selva Marina (R-SM) and any future subdivision to create new lots within the R-SM zoning district shall be consistent with the zoning, subdivision, Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing construction or site alteration. d. The zoning district classification of Residential-Selva Marina (R-SM) is consistent and compatible with the surrounding development and zoning districts in that the surrounding uses and districts constitute and allow single-family residential uses and recreational uses. SECTION 2. Affected Properties. Pursuant to this change in zoning district designation procedure, the zoning district classification of those certain lands within the City of Atlantic Beach, as more particularly depicted on the map and described on Exhibit A, attached hereto and made a part hereof, are hereby reclassified from Planned Unit Development (PUD) to Residential-Selva Marina (R-SM). SECTION 3. Zoning Map Revised. The Director of Planning and Community Development is hereby directed to revise the official Zoning Map of the City of Atlantic Beach to reflect the change in zoning classification for those properties described in Exhibit A from Planned Unit Development (PUD) to Residential-Selva Marina (R-SM). SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval. November 20, 2018 Community Development Board Agenda Packet Page 20 of 46 Page 3 of 4 PASSED by the City Commission on first reading this ____ day of ________, 201__. PASSED by the City Commission on second and final reading this ___ day of ________________, 201__. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney November 20, 2018 Community Development Board Agenda Packet Page 21 of 46 Page 4 of 4 Exhibit A The lands to be rezoned in Ordinance No. 90-19-237 from PUD to R-SM shall be those depicted in the map and described in text below. All Book and Page information can be found in the current public records of Duval County, Florida. Official Book and Page information: Selva Marina Unit No. 9, Plat Book 36, Page 20 Selva Marina Unit No. 10, Plat Book 36, Page 59 Selva Marina Unit No. 10-A, Plat Book 36, Page 60 Selva Marina Unit No. 10-B, Plat Book 36, Page 61 Selva Marina Unit No. 10-C, Plat Book 37, Page 40 Selva Marina Unit No. 11, Plat Book 36, Page 62 Selva Marina Unit No. 12, Plat Book 36, Page 63 Selva Marina Unit No. 12-A, Plat Book 36, Page 64 Selva Marina Unit No. 12-B, Plat Book 36, Page 76 Selva Marina Unit No. 12-C, Plat Book 37, Page 29 Selva Tierra, Plat Book 38, Pages 28 and 28A RE # 169527-0010, OR Book 17204, Page 1789 RE # 169527-0000, OR Book 9606, Page 1101 RE # 169527-0020, OR Book 12095, Page 2059 November 20, 2018 Community Development Board Agenda Packet Page 22 of 46     November 20, 2018 Community Development Board Agenda Packet Page 23 of 46 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ORDINANCE 31-19-12 Request for amendments to the City’s Comprehensive Plan, including general corrections, adding demographic information, adding a peril of flood section, updating the Capital Improvement Plan, and updating maps, as provided in Section 24-51. DATE November 13, 2018 STAFF Derek W. Reeves, AICP, Principal Planner STAFF ANALYSIS The State requires that each jurisdiction complete an Evaluation and Appraisal Report (EAR) of its Comprehensive Plan every seven years. Part of the EAR is updating outdated information within the Plan such as dated information like Capital Improvement Plans or map changes that have occurred such as the annexation of the Atlantic Beach Country Club. Another part of the EAR is to make necessary changes to comply with new State Statutes. For example, the Peril of Flood section discussed on the next page. Failure to update the Comprehensive Plan within the required seven year timeframe prohibits the City from being able to make any other changes to the Comprehensive Plan including applicant requested Future Land Use Map amendments. This proposed ordinance is part of the required process to amend the City’s Comprehensive Plan. The Community Development Board is required to make a recommendation on the approval or denial of the ordinance to the City Commission. If approved by the Commission on first reading, the Comprehensive Plan amendments will be sent to the Florida Department of Economic Opportunity for state review. Any comments from the State or the various other entities that will review the amendments will be returned to the City. Staff will make the appropriate edits and Commission will hold the second reading to adopt the amended Comprehensive Plan. Staff is proposing amendments in the following areas:  General updates/corrections throughout  New demographic information  Peril of flood section (State mandate)  Capital Improvement Plan  Updated Maps New Demographic Information Staff is proposing the addition of demographic information to the introduction section of the Comprehensive Plan as part of this update. This is information that the current Comprehensive Plan does not have. This information provides a snapshot across multiple statistical areas including population, educational attainment, income, transportation, occupation/employment, and housing. This information helps guide the creation of the Comprehensive Plan by supporting and justifying certain actions called for within the Plan. November 20, 2018 Community Development Board Agenda Packet Page 24 of 46 Page 2 of 3 Peril of Flood In 2015, the State adopted Section 163.3178(2)(f), Florida Statutes, requiring jurisdictions to address flood risks within their Comprehensive Plans. The City would be coming into compliance with this requirement by adopting the proposed edits to the Comprehensive Plan as part of its Evaluation and Appraisal Report. The State statute requires the following six areas be addressed: 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, 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. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Staff is proposing the creation of a new Goal (D.5) in the Conservation and Coastal Management Element to address all six of the requirements. Within the new Goal are three Objectives and a total of eleven Policies. As part of the writing process to create these new Goals, Objectives, and Policies, staff reviewed already adopted language from local jurisdictions like the City of Jacksonville as well as recognized leaders on such topics including the Cities of Boynton Beach and Satellite Beach. Capital Improvement Plan A required part of every Comprehensive Plan is a Capital Improvement Element and within that a Capital Improvement Plan. The City has not updated the Capital Improvement Plan in so long that the current plan has an ending timeframe of 2013-2014. The proposed Capital Improvement Plan extends out to 2024- 2025. It should be noted that with such a long timeline and with all Capital Improvement Plans, projects identified are subject to change and that nothing is required simply by virtue of being in this plan. Updated Maps All of the maps in the Comprehensive Plan are being updated with new data and to reflect the annexation of the Atlantic Beach Country Club property. Two new maps have been added based on the new Peril of Flood section. Those are maps; A-3c: Shallow Coastal Flooding Areas, and A-3d: Seal Level Rise Scenarios. There are five proposed changes to the Future Land Use Map. Two of them are viewed as errors in the previous map. One is a commercially zoned and used property, currently a senior care facility, on West 1st Street next to Veterans Park that was designated Recreation/Open Space and is now shown as Commercial. The second property is privately owned single family home located between Sherry Drive and Howell Park where the whole property was designated Recreation/Open Space and is now shown as November 20, 2018 Community Development Board Agenda Packet Page 25 of 46 Page 3 of 3 the half with the house along Sherry Drive as Residential Low and the undeveloped western half remaining Recreation/Open Space. Two more are properties that have been acquired by the City since the last map was made. The first parcel is in the northwest area of the Public Works facility and is changing from Residential Low to Public/Semi-public. The second is a parcel of mostly marsh land along the Dutton Island Preserve access road and is changing from Residential Low to Conservation. The fifth proposed change to the Future Land Use Map is to change all of the Commercial (CM) designated properties between Sherry Drive and Sailfish Drive to Central Business District (CBD). This change is being proposed to preserve the historical development patterns in this area while encouraging the rehabilitation or redevelopment of properties consistent the desirable characteristics of the existing CBD area also known as the Town Center. Much of this area was platted with 50 foot by 100 lots similar to that of the Town Center and a half dozen properties are developed at this size today. This proposed change does not change the actual zoning of the properties in the area, nor does it affect any existing business. The proposed change would allow property owners to seek a rezoning to the Central Business District (CBD) zoning classification, allowing them to take advantage of the reduced setbacks. Such rezonings would make it easier for existing nonconforming properties to make improvements and also free up valuable land lost to setbacks for properties undergoing full redevelopment. For properties not looking to rezone, the proposed future land use designation change to CBD would also provide new grounds for consideration on use-by-exception applications in the area where the more auto intensive or industrial use- by-exceptions of the Commercial General (CG) zoning district could be denied in favor of uses consistent with the CBD future land use designation. BOARD ACTION After a public comment as part of a Public Hearing, the Board should take action to either recommend: Approval of the proposed ordinance to the City Commission, finding that the proposed ordinance and its associated EAR based amendments have been prepared in accordance with Chapter 163, Florida Statutes. or Denial of the proposed ordinance to the City Commission, finding that the proposed ordinance and its associated EAR based amendments has not been prepared in accordance with Chapter 163, Florida Statutes. November 20, 2018 Community Development Board Agenda Packet Page 26 of 46 Page 1 of 2 DRAFT 11/6/2018 ORDINANCE NO. 31-19-12 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO TRANSMITTING A NEW MAP SERIES TO THE STATE OF FLORIDA’S VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR ADOPTION OF SAID EAR-BASED AMENDMENTS AND NEW MAP SERIES UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE COORDINATED STATE REVIEW PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.3161-163.3215, Florida Statutes, empowers and requires the City Commission for the City of Atlantic Beach, Florida to prepare, implement and enforce Comprehensive Plans and Land Development Regulations for the regulation of development within the City; and WHEREAS, Section163.3184, Florida Statutes, establishes the process for the amendment and adoption of the Comprehensive Plan or amendments thereto; and WHEREAS, Sections 163.3184 and 163.3191, Florida Statutes, provides for the amendment of the Comprehensive Plan to implement the recommendations of the Evaluation and Appraisal Report, commonly referred to as EAR-based amendments; and WHEREAS, the Community Development Board held a duly noticed public hearing on these EAR-based amendments, reviewed and considered all comments received and made its recommendation to transmit these EAR-based amendments to the City Commission; and WHEREAS, after required notice was published and public hearings were held in accordance with Section 163.3184(11), Florida Statutes and Section 24-51 of the City of Atlantic Beach Code of Ordinances, the City Commission now desires to transmit these EAR-based amendments to the City’s Comprehensive Plan through the States Expedited State Review Process. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: November 20, 2018 Community Development Board Agenda Packet Page 27 of 46 Page 2 of 2 SECTION 1. Purpose and Intent. The Commission hereby approves for transmittal to the Florida Department of Economic Opportunity, the Northeast Florida Regional Council, the St. Johns River Water Management District, the Florida Department of Environmental Protection, the Florida Department of State, the Florida Department of Transportation and the City of Jacksonville for their review and comment, the proposed EAR-based amendments, consisting of changes to the text and maps of the City’s 2010-2020 Comprehensive Plan, as more particularly described in Exhibit A attached hereto and made a part hereof, pursuant to Section 163.3184, Florida Statutes. SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 4. Effective Date. This Ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this ____ day of ________, 2018. PASSED by the City Commission on second and final reading this ___ day of ________________, 2019. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney November 20, 2018 Community Development Board Agenda Packet Page 28 of 46 ITEM 4.D November 20, 2018 Community Development Board Agenda Packet Page 29 of 46 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. ZVAR18-0017 Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing cooler at 31 Royal Palms Drive (Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). LOCATION 31 Royal Palms Drive APPLICANT RSNS, LLC DATE November 8, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is RSNS, LLC, the owner of the shopping center located at 31 Royal Palms Drive, within the Commercial General (CG) zoning district. Currently, an outdoor cooler/storage structure belonging to the applicant is partially located on the applicant’s property as well as the neighboring property to the south (763 Atlantic Blvd). It is unclear exactly when the structure was installed but records suggest it was originally installed over 20 years ago without a permit from the City. The location of the unpermitted structure has resulted in legal and code enforcement actions involving the City, the applicant, and the neighboring property. In an attempt to resolve the issue, the applicant is requesting to change the southern property line so that the cooler is entirely on the applicant’s property. However, the cooler will not meet the required 5 foot side yard setback for the CG zoning district, resulting in the need for a variance. November 20, 2018 Community Development Board Agenda Packet Page 30 of 46 Page 2 of 3 ANALYSIS Section 24-64(b) (1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated that the improvements on this property and the improvements on the neighboring property, 763 Atlantic Boulevard, were constructed prior to the current land development regulations. To resolve issues relating to the property boundary, the owners have agreed to terms that would modify the property boundary on the eastern ends of the properties. There will be no change in the location of the existing improvements. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. November 20, 2018 Community Development Board Agenda Packet Page 31 of 46 Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR18-0017, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing cooler at Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 31 Royal Palms Drive), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR18-0017, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing cooler at Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 31 Royal Palms Drive), upon finding this request is not consistent with the definition of a variance, or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. November 20, 2018 Community Development Board Agenda Packet Page 32 of 46 November 20, 2018Community Development Board Agenda PacketPage 33 of 46 November 20, 2018Community Development Board Agenda PacketPage 34 of 46 November 20, 2018Community Development Board Agenda PacketPage 35 of 46 November 20, 2018Community Development Board Agenda PacketPage 36 of 46 November 20, 2018Community Development Board Agenda PacketPage 37 of 46 November 20, 2018Community Development Board Agenda PacketPage 38 of 46 November 20, 2018Community Development Board Agenda PacketPage 39 of 46     November 20, 2018 Community Development Board Agenda Packet Page 40 of 46 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO. ZVAR18-0019 Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing structure at 763 Atlantic Boulevard (B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). LOCATION 763 Atlantic Boulevard APPLICANT Handler Family Partnership, LLLP DATE November 8, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Handler Family Trust, the owner of 763 Atlantic Boulevard, located within the Commercial General (CG) zoning district. Currently, an outdoor cooler/storage structure belonging to the neighboring property (31 Royal Palms Drive) is partially located on the applicant’s property. It is unclear exactly when the structure was installed but records suggest it was originally installed over 20 years ago without a permit from the City. The location of the unpermitted structure has resulted in legal and code enforcement actions involving the City, the applicant, and the neighboring property. In an attempt to resolve the issue, the applicant is agreeing to change the northern property line so that the cooler will be entirely on the neighboring property and off of the applicant’s property. However, the existing structure located on the property will not meet the required 5 foot side yard setback or the 10 foot rear yard setback for the CG zoning district with the change in property lines, resulting in the need for a variance. November 20, 2018 Community Development Board Agenda Packet Page 41 of 46 Page 2 of 3 ANALYSIS Section 24-64(b) (1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated that the improvements on the neighboring property, 31 Royal Palms Drive, were constructed prior to current land development regulations. To resolve issues relating to the property boundary, the owners have agreed to terms that would modify the boundary on the eastern end of the properties. There will be no change in the location of the existing improvements. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR18-0019, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing structure at B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 763 Atlantic Boulevard), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR18-0019, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing structure at B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 763 Atlantic Boulevard), upon finding this request is not consistent with the definition of a variance, or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its disc retion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner.