Exh 8BAGENDA ITEM 8B
MARCH 11, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for City Commission to consider an appeal of the denial of
certain vested rights related to development of four duplexes structures
(8 units) proposed to be located on lots at 328 Second Street and 347
Third Street.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director $13,~
DATE: March 04, 2002
BACKGROUND: The developer requests an appeal of the denial of certain vested rights related
to four separate three-story duplex structures (8 units) proposed to be constructed in the core area of the
City, which was recently rezoned from RG-1 to RS-2. (See attached Exhibit A, letter to Doug Brown dated
February 12, 2002.)
On November 09, 2001, the developer submitted preliminary drawings for eight units proposed to be
developed in the 300 blocks of Second and Third Streets. The developer met with staff to discuss the
project, and changes proposed to the zoning regulations that might impact this project. The developer was
advised regarding the proposed amendments and procedures for determinations of vested rights. A request
for vested rights was subsequently submitted to the City. The project was found to be vested for
development of the four duplex structures, consistent with the special condition of the core area rezoning
ordinance allowing construction of duplexes to continue for a period of one yeaz. The project was also
found to be vested for impervious surface exceeding the fifty percent limitation based up the amount of
impervious surface area as proposed within preliminary drawings.
The project, however, was found not to be vested for height greater than thirty-five feet in that the
preliminary drawings demonstrated that all portions on the structures were contained within the thirty-five
feet height limitation. No portion of the buildings, or any feature or structural element was shown at a
height greater that thirty-five feet. (The amended regulations allow only chimneys to extend above the
thirty-five feet height limit.) Further, the special condition of the core area rezoning, which allows the
development of duplexes to continue for a one year period of time, requires that development be in
compliance with all other applicable provisions. Allowing a height greater that thirty-five feet would not be
consistent with this provision of Ordinance 90-01-173 (attached).
The preliminary drawings appeaz to comply with regulations related to the projections of eaves or cornices
into required setbacks; however, the developer has asked to be vested from these regulations. Staff
continues to be unclear regarding this portion of the vesting request. Furthermore, as with height of
building, the special provision of the core area rezoning ordinance requires compliance with the current
regulations.
RECOMMENDATION: Motion to deny an appeal of a vested rights decision, reconfirming vesting
determination as set forth within attached Exhibit A.
ATTACHMENTS: 1. Maps of subject lots and proposed preliminary plans.
2. Section 24-51, Ordinance 90-01-172, related to Vested Rights.
3. Exhibit A; vesting letter and core area rezoning ordinance.
4. Exhibit B, Appellant's letter o ppeal and related correspondence.
REVIEWED BY CITY MANAGER:
AGENDA ITEM 8B
MARCH 11, 2002
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Block 3, Lot 7 and Lot 9 on Second Street
Block 5, west half of Lot 14, Lot 16, and Lot 18 on Third Street
AGENDA ITEM 8B
The complete packet of supporting documents
pertaining to this item is available for public
inspection in the office of the City Clerk