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Mobile units on list to go

NEWS-TIMES

BY MIKE SHUTAK
Published: Sunday, January 11, 2009 2:05 AM EST
ATLANTIC BEACH — A proposed rule in the unified development ordinance (UDO) the town staff is developing will require mobile home owners who are replacing nonconforming mobile homes to do so with permanent structures.

The town planning board took action to approve this and several other proposals made on the town’s proposed UDO at the planning board meeting Tuesday. Jessica Fiester, town planning and zoning director, and Landin Holland of Holland Consulting Planners Inc. presented the proposals.

Ms. Fiester said at the meeting they’ve had a lot of discussion on the proposed UDO, but she and Mr. Holland feel a formal body needed to approve the decisions they reached. A total of 10 issues concerning the UDO were discussed that night. The board took action on five of them.

While the planning board’s actions show its support of the UDO’s various proposals, it’s the town council that will take the final action whether or not to accept the UDO.


The board unanimously accepted allowing mobile homes to be replaced with new mobile homes in the zones they’re permitted, while requiring them to be replaced with permanent structures in zones where they’re currently nonconforming. Norman Livengood moved to accept this proposal, seconded by Larry Burke.

Steve Joyner said at the meeting that people should have to maintain their existing setbacks and that he thought nonconforming mobile homes should have to change.

“You’ve got neighborhoods with 50 houses and one mobile home,” he said, although he later said he wasn’t opposed to either requiring them to become conforming or allowing them to be replaced with new mobile homes. Chairman Ray Langley, however, also felt replacing them with structures was preferable.

“If it’s nonconforming,” he said, “when it comes time to replace it, it should be replaced with a structure.”

Ms. Fiester said it was a sticky situation for the town to deal with.

“We’ve got areas we’re trying to clean up,” she said, referring to eliminating non-conforming uses, “but a lot of people use these mobile homes.”

The board approved a 55-foot maximum building height in the Atlantic Beach Causeway Overlay district with a 65-foot maximum height with incentives 4-1, with Dr. Joyner opposed. Mr. Burke moved to approve the heights, seconded by Mr. Livengood.

The limits would allow all buildings in the district to reach a maximum height of 55 feet, with an additional 10 feet allowed if the building had a public use of some kind on the ground floor. Mr. Holland said the additional 10 feet would be a greater incentive than keeping the current maximum height of 45 feet and making a 55-foot height limit with incentives.

“If you were going to allow 55 feet, 65 isn’t going to make that much difference,” he said. “Another 10 feet gives people a beautiful view from their top floor.”

There was some debate about allowing buildings on the causeway to be built right up to the waterfront. Mr. Holland said the town should hire an architect to come up with a drawing to show people what the town staff and council envision for the causeway, which is the town’s main business district.

The board unanimously approved allowing existing off-premise signage (such as billboards) to remain where they are and to be replaced, but to not allow any new billboards to be built. Mr. Livengood moved to approve permitting existing signage, seconded by John Rivers.

The board approved allowing businesses with permission to serve alcohol on half-acre commercial lots with 100-foot setbacks from adjacent residential property to the rear 4-1 with John Hopkins opposed. Dr. Joyner moved to approve the businesses requirements, seconded by Mr. Livengood. Mr. Hopkins later expressed concern about the zoning requirements becoming “obsolete” in the future, meaning they would allow adult businesses serving alcohol to be built in places the town staff and council currently don’t intend them to be located. Chairman Langley said the board can vote at the Feb. 3 meeting on whether they wish to revisit the issue.

The board also unanimously approved 5-foot setbacks in the single-family districts on the east and west sides of the CDD (circle development district) and 7-foot setbacks on Club Colony Drive. Mr. Rivers moved to approve the setbacks, seconded by Mr. Burke.

Several other issues were discussed at the meeting, but no formal action was taken. Ms. Fiester said they’re examining density for condotels; people have been attempting to get the condotel designation, which grants them more density than they would receive for a regular multi-family condominium, but not renting the building out. Mr. Joyner said he didn’t see why the planning board should help people get around density requirements, but he did like the idea of a condotel.

“We may need to establish a number of rental days per unit,” he said.

Mr. Holland said that he and Ms. Fiester would return to the board at the Feb. 3 meeting with language to place higher protection standards on dunes in town. Currently the state Coastal Area Management Act (CAMA) office is responsible for protecting dunes, but the board expressed interest in creating stronger protection rules within the town limits.

Discussions are continuing on a table of permitted uses in the RS (resort service district). One area in particular, Henderson Boulevard, has caused concern because some commercial uses are allowed in RS.  John Lotzpih, a member of the town’s UDO committee, said at the meeting there are some lots on Henderson Boulevard that are less than 7,000 square feet. Chairman Langely asked Mr. Holland to verify this by the Feb. 3 meeting.

Ms. Fiester and Mr. Holland have begun work on a section of the UDO to address stormwater requirements. Mayor Pro Tem Harry Archer, who was present at the meeting, said he and Mayor Trace Cooper could meet with Mr. Holland and Ms. Fiester to give them direction on what sort of requirements the council would like to create.

Ms. Fiester said Derek Taylor, town attorney, is currently drafting documents and waivers regarding easements and encroachments into public right-of-ways.

The town staff received some concerns expressed by citizens, but Ms. Fiester said they weren’t anything major, mostly how the UDO was worded.

Mr. Burke, Mr. Livengood and Mr. Joyner were also sworn back into office before the meeting began by Kelly Cyrus, town clerk. Dr. Scott Rice, who arrived late at the meeting, signed the oath of office Tuesday at the meeting, then took the formal oath on Wednesday.

The board also re-elected Chairman Langely and Vice Chairman Livengood to their positions. Mr. Joyner moved to re-elect them, seconded by Mr. Burke.

 



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