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Exh 7CAGENDA ITEM #7C NOVEMBER 12; 2001 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Administrative rezoning initiated by the City of Atlantic Beach SUBMITTED BY: Sonya Doerr, AICP, Community Development Director DATE: November 02, 2001 BACKGROUND: This rezoning to Residential, Single-Family (RS-2) is initiated by the City of Atlantic Beach in response to the survey that was conducted last yeaz with results indicating that the majority of residents within this azea preferred for the area to be limited to single-family residential uses. This area has developed with a mix of two-family and single-family dwellings, although the predominant pattern is single-family. The current RG-1 zoning district regulations allow atwo-family (duplex) dwelling to be constructed on a 5000 squaze foot lot with minimum lot width of 50 feet. The typical platted lot within this area of the City is a 50-foot wide by 100-foot deep lot; as such, the development of duplexes is consistent with the RG-1 Zoning District. This area, however, is designated by the Comprehensive Plan as a Medium Density Residential azea, which allows 7-14 dwelling units per acre. The development of two dwelling units on these 5000 square foot lots exceeds the density limitation as set forth by the adopted Comprehensive Plan. Medium Density Residenfial designation. This rezoning was considered by the Community Development Boazd at the October 17, 2001 meeting, and a unanimous recommendation of approval was made, with the following findings: 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. The rezoning to Residential, Single-family (RS-2) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density. 3. The rezoning to Residential, Single-family (RS-2) is consistent with the zoning and land development regulations for the City of Atlantic Beach. 4. The zoning district designation of Residential, Single-family (RS-2) is consistent and compatible with surrounding development. RECOMMENDATION: .Motion to appzove REZ-2001-02, an administrative rezoning to Residential, .Single-family. (RS-2) for lands as described within attached Exhibit A, adopfing the proposed ordinance and upon findings as stated above. (Second reading and public hearing scheduled for November 26, 2001.) ATTACHMENTS: Proposed ordinance and supporting materials REVIEWED BY CITY MANAGER: AGENDA ITEM #7C NOVEMBER 12, 2001 COMMUNITY DEVELOPMENT STAFF REPORT October 17, 2001 Public Hearing REZ-2001-02, City of Atlantic Beach rezoning To: Community Development Board From: Planning, Zoning and Community Development Deparhnent City: of Atlantic Beach Date: October 11, 2001 Subject: REZ-2001-02 Applicant: City of Atlantic Beach 800 Seminole Road Jacksonville, Florida 32233 Requested Change: Administrative rezoning to Residential, Single-Family (RS-2) ofproperty located within the City of Atlantic Beach known as that portion of the "Core Cit}~' azea which is currently zoned Residential General, two- . family (RG-1). Location: Generally located north of Ahern Street and Sturdivant Avenue, south of Fifth Street, east of Seminole Road and west of Beach Avenue. (See attached legal descriptions.) Existing Zoning: Residential General, two-family (RG-i) Future Land Use: RM (Residential, Medium Density) and Public/Semi-Public Surrounding Zoning: CG and RG-2 and RS-2 Surrounding Land Use: Existing residential, commercial, park and school. AGENDA ITEM #7C NOVEMBER 12, 2001 STAFF COMMENTS AND RECOMMENDATION This rezoning is initiated by the City of Atlantic Beach in response to the survey that was conducted last year with results indicating that the majority of residents within this area preferred for the area to be limited to single-family residential uses. This area has developed with amix oftwo-family and single-family dwellings, although the predominant pattern is single-family. The current (1982) RG-1 zoning district regulations allow for atwo-family (duplex) dwelling to be constructed on a 5000 square foot lot with minimum lot width of 50 feet. The. typical platted lot within this azea of the City is a 50-foot wide by 100-foot deep lot; as such, the development of duplexes is consistent with the RG-1 .Zoning District. This azea, however, is designated by the Comprehensive Plan as a Medium Density Residential area, which allows 7-14 dwelling units per acre. Within developed; previously platted subdivisions, the determination of allowable units on an individual lot is generally calculated based upon the proportionate size of the lot multiplied by the applicable density. For example, 43,560 square feet (one acre) divided by 14 units equals 3111 square feet. Using this method to determine allowable density, approximately 3100 square feet of lot azea is required for each dwelling unit in the Medium Density category. Accordingly, the typical 5000 square foot lot is too small to support two dwelling units when located within the Medium Density category. Provisions have been included within the proposed zoning amendments to address existing duplexes and townhouses in this area. In summary; these provisions grant existing duplex structures and uses the legal right to continue in existence as permitted uses and to be reconstructed either in the existing footprint or in compliance with the RS-2 district setback requirements. Clear standards for minimum required lot azea for the all of the two-family and multi-family districts have also been included in the proposed zoning amendments, which aze consistent with the density limitations of the Comprehensive Plan. Staff does not offer a recorrimendation with regazd to this rezoning in that this is a community initiated effort; however, Staff confirms for the Boazd that the proposed rezoning is consistent with the Comprehensive Plan. In forwarding a recommendation to the City Commission, the Board may wish to consider that even in the event this azea is not rezoned to RS-2, potential for the development of future two-family dwellings or townhouses within this azea is rather limited given the required lot area of 6200 square feet. Ifthe RG-1 zoning is retained, however, property owners would be able to combine existing lots, or portions thereof to achieve the required lot size, and in this case duplexes could still be constructed. The Board should also be aware that if this area is rezoned to single- family, there maybe several property owners who aze legally entitled to vested rights to proceed with plans to construct duplexes afterthe date the zoning change becomes effective. 2 AGENDA ITEM #7C NOVEMBER 12, 2001 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of REZ-2001-02, an administrative rezoning to Residential, Single-family (RS-2) for lands as described within attached Exhibit A, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal nofice duly published as required by law. 2. The rezoning to Residential, Single-family (RS-2) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density. 3. The rezoning to Residential, Single-family (RS-2) is consistent with the zoning and land development regulations for the City of Atlantic Beach. 4. The zoning district designation of Residential, Single-family (RS-2) is consistent and compatible with surrounding development. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of REZ-2001-02, an administrative rezoning to Residential, Single-family (RS-2) for lands as described within attached Exhibit A, provided: (Provide Endings of fact similar to the following.) 1. The request for rezoning has not been fully considered after public hearing with legalhotice duly published as required by law because 2. The rezoning to Residential, Single-family (RS-2) is not consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density because 3. The rezoning to Residential, Single-family (RS-2) is not consistent with the zoning and land development regulationsfor the City ofAtlantic Beach because 4. The zoning district designation of Residential, Single-family (RS-2) is not consistent and compatible with surrounding development because AGENDA ITEM #7C NOVEMBER 12, 2001 city of Atlantic Beach N Proposed zoning change ~ from RG-1 to RS-2. S General location map vat ~_ ~ '~~ ~. c t31vd __ .~ 0.2 0 0.2 u.a nines __ I >x . ~ lei .IxE n ~ 1 +:.-+ ..' ~ -. i- t f l_ ~ 1. 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' n Ia a Ix ° w ° l b !p >a >D , Sy ar b ~ l6 2a tt M 9 ' , ~ '•: t t R r b/ L ^S TUADIY]NJ--AVC,-^ ~ -----~1 IJUtDI Axt 1VE A y ]xCPn 9T Y~ AxCAN 9T 't a.'~l 1 o 6 ] 1 • ]. In IIY ~ R '~ `Il TM 111 M Cl 1 01 f. Q •J V ~ Mi ' N fM S l¢ 1! 11 9 T \ a 11 1°' t T ~ F4 'TS 0' _ . 1 _ _ y ` .9 ! D fi p [ p > ~ { Ic larslo s ¢ . 4• ,.. 1t~1~ . -!E~ ..^...^ ~ v.. r . .. ._... -.. TIC '@LVD. - _ _. .. - •Rf. Nit6- @LVD.'.'~y+a•Irr! ° A ' - f/TI'L/M/TJ (/L'NOXrN OF ('ENT '~ C/NG' - y p 1~1 bio NON .Y~ ~ ~p 1 6 N 6 y 1 _ q „, i fl~ ~ 8 E M 4 w~ "~ FR,o~ ~~uR.L Land uSe. ~1*-~hchf' o ~ I c1y~ ~, ;Gohnp~~•Yr~r+ siv~, ~1~ h AGENDA ITEM #7C NOVEMBER 12, 2001 The City adopts .residential density standards for each reside tial land use classification designated on the Future Land IIs Map as follows: Residential Land Use Classification Density Standard Residential (Low) O thru 6 Dwelling IInits Per Acre. Residential (Medium) 7 thru 14 Dwelling IInits Per Acre Residential (High) 15 thru 20 Dwelling Units Per Acre Policy 1.3.10 The City adopts th for commercial and on the Future Land Classification Commercial Industrial Obiective i.4 e following non-residential density .standards industrial land use classifications indicated 'Use. Map as follows: Intensity Standard 5 - 1.0 Floor Area Ratio 25 - .5 Floor Area Ratio The City shall achieve improvement of the physical character of the City and elimination of substandard development programs directed at conservation and through redevelopment of structures. Policy 1.4.1 The City shall undertake by January 1, 1993 a study of all, areas of the City to identify substandard structures and site condi- tions and develop a program for correcting such conditions including such activities as implementing necessary improvements in code provisions and more effective code enforcement procedures to deter physical obsolescence. and blight throughout the City. Obiective 1.5 The City will coordinate its planning and development permitting activities with resource management plans prepared by the St. John's Water Management District, Department of Natural Resources, City of Jacksonville, and other entities and agencies. Policy 1.5.1 The City will develop. and adopt regulations and policies which are consistent with resource. management plans of other levels of government and special districts. 90450 I-17 AGENDA ITEM #7C NOVEMBER 12, 2001 ORDINANCE NUMBER: 90-01-173 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-O1-173, REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE PRESENT ZONING CLASSIFICATION OF RESIDENTIAL GENERAL, TWO-FAMILY (RG-1) TO RESIDENTIAL, SINGLE-FAMILY (RS-2) PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that the public health, safety and welfaze of citizens aze protected and enhanced by the enactment of this ordinance, and WHEREAS, the zoning. change enacted by this ordinance shall provide for orderly growth; encourage the most appropriate use of Land; protect and conserve the value of property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice was published, public hearings were held on the 12th day ofNovember, 2001 at 7:15 p.m. and on the 26th day of November, 2001 at 7:15 p.m. to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED. BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Upon consideration of the application, supporting documents, recommendation of the Community Development Board, and comments from the staff and citizens at the public hearings, the above recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission finds as follows: a. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. b. The rezoning to Residential, Single-family (RS-2) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density. c. The rezoning to Residential, Single-family (RS-2) is consistent with the zoning and land development regulations for the City of Atlantic Beach. Draft Ordinance 11/2/01 Ordinance 90-O1-173 Page 1 oft AGENDA ITEM #7C NOVEMBER 12, 2001 d. The zoning district designation of Residential, Single-family (RS-2) is consistent and compatible with surrounding development. SECTION 2. Pursuant to this rezoning procedure, (File Number REZ 2001-02) the zoning classification of Residential General, two-family (RG-1) of the lands described within the legal description, attached as EXHIBIT A, is hereby changed to Residential, Single-family (RS-2). SECTION 3. To the extent that they do not conflict with the unique, specific and detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic Beach as such may be amended from time to time shall be applicable to development and use of lands referenced herein except to the degree that development may qualify for vested. rights in accordance with applicable. ordinances and laws. Furthermore, notwithstanding any provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or any other regulation. shall be deemed waived or varied by any provision herein. SECTION 4. This Ordinance. shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 5. This ordinance- shall become effective on the date passed and enacted by fmal reading. Upon the effective date of this Ordinance, the zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this _th day of November, 2001. Passed on final reading and public hearing this th of November, 2001. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: MAUREEN KING City Clerk Draft Ordinance 11/2/01 Ordinance 90-O1-173 Page 2 of 2 AGENDAITEM #7C NOVEMBER 12, 2001 EXHIBIT A LEGAL DESCRIPTIONS OF RGl PROPERTIES BEING REZONED ALL OF MILBERT HOMES SUBDIVISION ALL OF FLOYDS CAMP REPEAT LOTS 1, 3, 5, 7, 9,11,13,15,17,19, 21, 23, 2S, 31, 32 BLOCK 2 ATLANTIC BEACH SUBDIVISION A LOTS 1-26 BLOCK 3, ATLANTIC BEACH SUBDIVISION A LOTS 1-28 BLOCK 4, ATLANTIC BEACH SUBDTVISION A LOTS 1-35 BLOCK 5, ATLAi~iTIC BEACH SUBDIVISION A ALSO Pi i BLOCK S PT LYING W OF PT OF LOT 34 RECORDED IN OR BK 8451 PAGE 1077 STRIP LYING W OF PT OF LOTS 32 & 34 RECORDED IN OR BK 8897 PAGE 62 STRIP LYLG W OF PT LOTS 32 & 34 RECORDED IN OR BK 7582 PAGE 1599 N 26.67 FT OF S 150 FT OF UNNUMBERED LOT LYING WEST OF PROPERTY DESCRIBED AS N 26.67 FT OF W 15.25 FT LOT 32, N 26.67 FT OF LOT 34 RECORDED IN-0R BK 8243 PAGE 2361 S 26.67 FT OF N 150 FT OF UNNUMBERED LOT LYING WEST OF PROPERTY DESCRIBED ASS 26.67 FT OF LOTS 33, 35 RECORDED INOR BK 7723-0052 UNNUMBERED STRIP LYING W OF S 26.84 FT OF N 123.33 FT LOTS 33 AND 35 RECORDED IN OR BK 8798 PAGE 0251 ED STRIP LYING W OF S 26.49 FT OF N 96.49 FT LOTS 33 AND 35 IN OR BOOK 9616 PAGE 1956 STRIP LYING W OF PT LOTS 33 AND 35 RECORDED IN OR BOOK 7886 PAGE 415 ALSO IN BLOCK 6 PT OF UNNUMBERED TRACT W OF LOT 36 RECORDED IN OR BOOK 4603 PAGE 258 LOTS 2, 4, 6, 8,10,12,14, 16,18, 20, 22, 24, 26, 28, 30, 32, 34, 36 BLOCK 6 ATL2u~TTIC BEACH SUBDIVISION A PLAT 1 LOTS 12-31 ATLANTIC BEACH TERRACE LOTS 538-549 SALTAII2 SECTION 3 LOTS 643-647 SALTAIR SECTION 1 AGENDA ITEM #7C NOVEMBER 12, 2001 LEGAL DESCRIPTIONS OF RGl PROPERTIES BEING REZONED PAGE -2- LOTS 666-670 SALTAIIZ SECTION 1 LOTS 677-681 SALTAIR SECTION 1 LOTS 684-b88 SALTAII2 SECTION 1 LOTS 693-697 SALTAII2 SECTION 1 LOTS 700-703 5ALTAII2 SECTION 1 LOTS 718-720 SALTAIR SECTION 1 LOT 735 5ALTAIIt SECTION 1