1820 Ocean Grove VEST Packet 2004 CITY OF ATLANTIC BEACH
• BUILDING AND PLANNING
rSl 800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE: (904)247-5800
FAX: (904)247-5845
http://ci.atlantic-beach.fl.us
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August 06, 2004
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Amber and Rich Grady
1202 Landings Loop
Tallahassee, Florida 32311-1289
Re: Vesting determination related to proposed two-family dwelling at 1820 Ocean Grove
Drive Lot 28, Ocean Grove, Unit 2 (RE Number 169622-0000)
Dear Mr. and Mrs. Grady:
I write in response to your request for a vested rights determination related to proposed
development of a two-family dwelling at your above referenced property. Your lot on Ocean
Grove Drive is zoned Residential, Two-family (RG-1) and is currently designated Residential,
Medium Density by the Comprehensive Plan for the City of Atlantic Beach. The City anticipates
adoption of Comprehensive Plan amendments in September of this year, which shall change the
land use designation of your property from Residential, Medium Density to Residential, Low
Density.
You have specifically requested that this project be vested from the change in density
designation, which would limit the future development on your lot to a single-family residence
only. Lot 28 contains 7500 square feet of lot area, and is currently of sufficient size to construct
a two-family dwelling. The change in density designation, however, will require 14,500 square
feet of lot area for new two-family dwellings.
Based upon review of information submitted with your request, the intended plan of
development for your property has been established prior to the anticipated adoption of the
change in density designation. The City finds that you are entitled to common law vested rights
exempting the proposed development from the change in land use designation from Residential,
Medium Density to Residential, Low Density in that each of the following criteria are
demonstrated.
1. An act of the government will occur. The City will adopt Comprehensive Plan
amendments in September of this year, and said amendments will change the land use
designation of your property from Residential, Medium Density to Residential, Low
Density.
• Page two
' • ' Grady,Rich and Amber
August 06,2004
2. The property owner has relied in good faith on previous acts of the government.
Preliminary design plans have been prepared in good faith reliance on the land
use designation of Residential, Medium Density and the zoning designation of
Residential, Two-family.
3. The property owner has had a substantial change in position. The expenditure of
significant funds has been incurred in preparation of a preliminary design and site
planning.
Please bear in mind that this vesting determination relates only to the change in density
designation, and the anticipated development of a two-family dwelling on your property. All
other applicable land development regulations and permitting requirements, which are in effect
at the time such permits are sought, shall apply to future development of this property. This
vesting determination shall remain valid for a period of five (5) years from this date. Please feel
free to call me at 904 247-5826 with any further questions.
Sincerely,
Sonya B. Doerr, AICP
Community Development Director
Concur: 4
-ans.' , ity •anager
Attachments
May 7, 2009
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
To: City Commission via Sonya Doerr-Planning and Development Department
RE: Request Extension of Vested Rights
We are requesting an extension because our son has moved out of state for career purposes.
We would like to give him the opportunity to build a townhome on our property once he settles back in
Atlantic Beach. An extension would give us that ability. It is our intention for our son to be the fourth
generation of our family to live in Atlantic Beach.
Thank you very much,
James Desmond Waters III (father) &Angela Waters(aunt)
Signed:
Si•
Property Owners:Angela Waters and James Desmond Waters Ill
Property Address: 1757 Ocean Grove Drive,Atlantic Beach, FL 32233
Legal Description
1757 OCEAN GROVE DR 20-020 09-2S-29E OCEAN GROVE UNIT NO 2 LOT 10
RE Number: 169606-0000
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for an extension in time of previously rendered vesting
determinations from Rich and Amber Grady and Dezmond and Angela Waters to permit the
redevelopment of a two-family dwelling on each of the owner's lots at 1820 Ocean Grove Drive and
1757 Ocean Grove Drive.
SUBMITTED BY: Sonya Doerr, AICP 1,0
Community Development Director
DATE: May 18, 2009
BACKGROUND: The City has received requests as referenced above to extend vesting
determinations that were granted in August and October of 2004, respectively. The previous vesting
determinations were substantively the same and permit the redevelopment of a two-family dwelling
on each of the owner's lots. Both lots are on Ocean Grove Drive. As set forth within Section 24-51
of the Land Development Regulations, vesting determinations are granted for a period of five (5)
years. As such these will expire later this year. Reasons for the needed extensions are set forth in
the letters submitted by both property owners.
Staff believes that there are extenuating circumstance in both cases, and recommends approval of the
original vesting determinations for a period of five (5) years.
er„,f,
04, -740/
RECCOMENDATION: Motion to extend terms of vesting determinations for a period of five (5)
years for construction of a two-family dwelling at:
• 1757 Ocean Grove Drive; extended until August 06, 2014.
• 1820 Ocean Grove Drive; extended until October 05, 1014.
ATTACHMENTS: Letter of request from Mr. Waters and from Mrs. Grady with attached original
vesting determinations.
REVIEWED BY CITY MANAGER:
May 26,2009 regular meeting
May 7,2009
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
To:City Commission via Sonya Doerr-Planning and Development Department
RE: Request Extension of Vested Rights-Presently expires 8/06/2009
We have been Atlantic Beach residents since 1991 and we recently lost our home to mold and
because of this, our home will have to be torn down. Insurance companies only pay$10,000 for mold
loss-so we will have to fund the rebuild of our home ourselves.An extension to build two-family would
provide us with the time and the opportunity to rebuild what we want for this next stage of our lives.
Thank you and we appreciate your consideration in this matter.
Sincerely,
• .- .- Ri -„ Grady
...0010( -1/6C44-5€ A8/1644-
'roperty Own= m14:0, nd Rich Grady
Property Address: 1820 Ocean Grove Drive,Atlantic Beach, FL 32233
Legal Description
09-2S-29E-1 1820 OCEAN GROVE DR 20-020 09-2S-29E OCEAN GROVE UNIT NO 2 LOT 28 RICHARD
O/R BK 7193-1659 RE Number: 169622-0000
Doerr, Sonya
Subject: FW: Questions from Amber Grady 11/15/2004
Sec.24-86 and
24-87.doc
Original Message &o
From: Doerr, Sonya
��
Sent: Wednesday, November 17, 2004 2:54 PM
To: 'amber grady'
Subject: RE: Questions from Amber Grady 11/15/2004
Amber-
The five year vesting period goes with the property, limited to the terms of the vesting letter, and existing legally
constructed duplexes can be rebuilt per attached provisions. (The key is to be certain this is a legal duplexes and not
someone's"home Conversion" duplex.) If there is any doubt, you can call 247-5826 and ask the Building Dept to verify
that permits were issued for this structure as a duplex.
Sonya
Original Message
From: amber grady [mailto:amber@ambergrady.com]
Sent: Monday, November 15, 2004 1:27 PM
To: Doerr, Sonya
Subject: Questions from Amber Grady 11/15/2004
Hi Sonya,
We are in the process of thinking through ideas to build the two townhomes.
We have a few questions for you.
Our first choice to build 2 townhomes so we could afford to do this would
be to find a builder to buy us out, then the builder would tear our house,
build 2 units and us buy back one of them. Before following this road, I
would like to make sure the 5 year window we have on our property goes with
the property, not just with us, Amber and Rich Grady. Meaning, if we sell
our house/land to a builder will he/she have the right to build 2 units
just like we would within a 5 year window?
Secondly, our neighbor told us a builder bought their land/house and they
are going to move out of the house sooner rather than later because the
builder wants to save on taxes and tear down the house by the end of 2004.
Our neighbor lives in a duplex. I know the builder, like us plans to build
2 townhomes in the near future on the property. I would like to propose to
the builder that we swap properties (I am checking into taxes, mortgages
etc.) The builder is looking to tear down a house and right now Rich and I
are open to having our house torn down. The duplex is small and ideal for
our weekend visits.
It's my understanding since the duplex is already 2 units, there is no 5
year window to rebuild. That as of now, one can rebuild whenever. Is this
correct?
Also do you see any City of AB problems with us doing this?
I'm checking everything out before contacting the builder. We have to move
on this quickly.
1
•
Thank you for your help.
All my best,
Amber Grady
Our RE# is 169622 0000
1820 Ocean Grove Drive
Our Neighbor's Number is#169623 0000
1826 Ocean Grove Drive
Amber Grady is a radio talk show host, author, and speaker. She focuses on
motivating and supporting her audiences to success on the secrets of the
self, wealth, and health.
She is the creator of the My Money Manager Kit, a book-keeping system for
home and small business, and the author of Money Success 127 Ways to Make
It Happen for You!
http://www.AmberGrady.com
Amber@AmberGrady.com
2
Apr 04 04 08: 13a p• 7
111IVIWE, IIIc.
Designs 157 Salem Court,Tallahassee,Florida 32301(850)510-5359
J
July 9, 2004
To:Amber Grady, Richard Grady
1202 Landings Loop
Tallahassee, Florida 32311
Reference: 1820 Ocean Grove Drive Plans for Townhomes
Dear Amber Grady and Richard Grady,
Please find enclosed your Townhome Plans for your residence at 1820 Ocean Grove
Drive, Atlantic Beach, Florida 32311. These plans should satisfy your immediate
need for vesting purposes. Should you need anything else from us, please do not
hesitate to call.
It has been a pleasure working with each of you. We will wait to hear from you
regarding future stages of this development.
wA.B t Regards,
/ /
. Meardy
Ci
Enclosure: 2 pages: Townhome Plans
Apr 04 04 08: 13a p. 6
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Made this day of AD. 19 ' ' t- SEC ``"
b 30th September 91
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MARY ANN WATERS FROHWETN AND ROBERT WILLIAM
FROHWEIN, HER HUSBAND
hereinafter called the grantor, to
AMBER L. GRADY AND RICHARD GRADY, HER HUSBAND
whose post office address is: 331 BEACH 88 STREET •
ROCKAWAY BEACH, NEW YORK 11693 \
Grauer ' SSN• 224-06-9954 130-56-1014 f
herein er led the gran ee: ....---
(Whenever
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and other valuable considerations,receipt whereof is hereby acknowledged,hereby gral41;l t9gains,sells, aliens,remises,
releases, conveys and confirms unto the grantee, all that certain land situate in
County, Florida,viz:
DUVAL
W LOT 28 , OCEAN GROVE UNIT NO. 2, ACCORDING TO PLAT THEREOF AS
RECORDED IN PLAT BOOK 20, PAGE 20, OF THE CURRENT PUBLIC RECORDS
5 OF DUVAL COUNTY, FLORIDA.
0 SUBJECT TO covenants, restrictions, easements of records and taxes
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Apr 04 04 08: 12a p.• 2
1202 Landings Loop
• Tallahassee,Florida 32311
•
(850)309-0293
•
•
Amber and Richard Grady
July 10,2004
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233-5445
Regarding:Request that our townhome project be vested for 1820 Ocean Grove Drive,Atlantic
Beach,Florida,32233.
Dear Sonya Doerr.
We are the property owners of 1820 Ocean Grove Drive,Atlantic Beach,Florida 32233;lot 28,
Ocean Grove Unit#2.Our lot size is 60x 125.Presently,we are zoned multiunit and have a single
family home on our property.(Please see faxed survey and deed.)
We have plans to build 2 townhomes on our lot and expect to build within the next 4 years.The exact
time is unknown since we reside primarily in Tallahassee(job transfer)and are waiting to be
transferred back to Atlantic Beach before we proceed with this project This transfer could be months
or years away.Expenses incurred to date are$6,000 for plans.(Please see townhome plans(2 pages),
letter from designer,copy of check.)
Please accept this letter as our request that our townhome project be vested.We are seeking a vesting
determination to proceed with our development under the current Comprehensive Plan Future Land
use Designation of Residential Medium Density.
We can be reached by phone or letter,please see above or,by email at Amber@AmberGradv.com
Thank you for assistance in this matter.
Sincerely,
Amber Grady /
Richard Grady
Apr 04 04 08: 13a p. 8
•
AMBER L GRADY
RICHARD GRADY / 76$
1202 LANDINGS LOOP 2 l/ K
TALLAHASSEE,FL 32311-1289 Date 63-4/630 PL
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Apr 04 04 08: 17a p. 1
1202 Landings Loop RECEIVED
TYOFATLANTIC BEACH
Tallahassee,Florida 32311 r; NO & ZON,NG
Phone:(850)309-0293
Fax (850)309-0293 JUL 1 2 2004
� E
BY: . I
Fax
To: Sonya Doerr From Amber Grady
Fax (904)247-5845 Date: July 10, 2004
Phone: (904)247-5826 Pages: 6
Re: Vesting Determination CC:
071 • : t t` .• Review 0 Please Conrnent 0 Please Reply 0 Please Recycle
•
•Comments: [Click here and type any comments]
Hi Sonya,
Please find as part of this FAX:
1- Letter to you re Vesting
2- Copy of Survey
3- Copy of Deed
4- Townhome Plans page 1
5- Townhome Plans page 2
6- Design Company letter
7- Copy of Check
Thank you very much for your a ce,
A r and Rich Grad 4 .//
p
EXHIBIT A-ORDINANCE NUMBER: 90-03-184,as last amended by Ordinance 90-04-185
Sec. 24-106. Residential General, Two-family Districts. (RG-1 and RG-1A).
(a) Intent. The RG-1 and RG-1A Zoning Districts are intended for Development of low and medium
Density Single-family and Two-family residential areas. All Development of Land and Parcels
within the RG-1 and RG-IA Zoning Districts 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.
(b) Permitted Uses. The Uses permitted within the RG-1 and RG-1A Zoning Districts shall be as
follows.
(1) Single-family Dwellings.
(2) Two-family(duplex) Dwellings.
(3) Accessory Uses as set forth in Section 24-151.
(4) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section 24-87.
(5) Government Uses, Buildings and facilities.
(6) Family Day Care Homes and Group Care Homes.
(c) Uses-by-Exception. The following Uses may be approved as a Use-by-Exception within the RG-1
and RG-1A Zoning Districts.
(1) Child Care Centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot Size. The minimum size for Lots within the RG-1 and RG-1A Zoning Districts,
which are created after the initial effective date of these Land Development Regulations, shall be as
follows.
(1) Lot Size in the RG-1 and RG-1A Zoning Districts:
i. Single-family Dwellings: 5,000 square feet.
ii. Two-family(duplex)Dwelling or Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Initial Effective Date: January 01,2002 Last amended June 28,2004
as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-04-185
51
•
EXHIBIT A-ORDINANCE NUMBER: 90-03-184,as last amended by Ordinance 90-04-185
Lands designated as High Density by the Future Land Use Map: 5000 square feet
(2) Lot width in the RG-1 Zoning Districts:
i. Single-family Dwellings: Fifty(50)feet.
ii. Two-family Dwelling or Townhouse: Fifty(50)feet.
(3) Lot width in the RG-1A Zoning Districts:
i. Single-family Dwellings: Fifty(50)feet.
ii. Two-family Dwelling or Townhouse: Seventy-five(75) feet
(4) Lot depth in the RG-1 and the RG-1A Zoning Districts: One hundred(100)feet.
Existing legally established Lots of Record may exist, which do not meet the above requirements,
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January 01, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
(e) Minimum Yard Requirements. The minimum Yard Requirement within the RG-1 and the RG-1A
Zoning Districts shall be as follows.
(1) Front Yard: Twenty(20)feet.
(2) Rear Yard: Twenty(20)feet.
(3) Side Yard: Combined fifteen(15)total feet and five(5) minimum feet on either side. In the case
of an existing Nonconforming Structure that does not comply with Required Side Yards, any new
Development shall provide for a combined total Side Yard of fifteen (15)total feet. For example,
where an existing Structure is located three (3) feet from the side Lot Line, new Development on
the opposite side Yard shall provide a minimum Required Side Yard of twelve (12) feet, thereby
providing for a combined total side Yard of fifteen(15) feet.
(f) Building Restrictions. The Building Restrictions for the RG-1 and the RG-1A Zoning Districts shall
be as follows.
(1) Maximum Impervious Surface: Fifty(50)percent.
(2) Maximum Building Height: Thirty-five(35)feet.
Sec. 24-107. Residential General, Multi-family. (RG-2 and RG-3)
(a) Intent. The RG-2 and RG-3 Zoning Districts are intended for development of medium to high-
density Multi-family residential areas. All Development of Land and Parcels within the RG-2 and
RG-3 Zoning Districts 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.
(b) Permitted Uses. The Uses permitted RG-2 and RG-3 Zoning Districts shall be as follows.
Initial Effective Date: January 01,2002 Last amended June 28,2004
as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-04-185
52