10-23-23 Regular Commission Adopted MinutesMINUTES
Regular City Commission Meeting
Monday, October 23, 2023 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
Steve Swann, City Engineer (CE)
Amanda Askew, Planning & Community Development Dir. (PCDD)
Cathy Varian, Human Resources Director (HRD)
Victor Gualillo, Police Chief (PC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Special Called Meeting held on August 22, 2023.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
1B. Approve minutes of the Regular Meeting held on August 28, 2023.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
Regular City Commission
October 23, 2023
Mayor Ford explained the process for public comments and opened the Courtesy of the
Floor to Visitors. CC Bartle called each speaker to the podium.
Paul Raymond spoke about his experience contacting the City about a parking ticket
and thanked the City for their help with this issue.
Ellen Glasser spoke about the plans for expanding the Gail Baker Center and urged the
Commission to use the money for that project and not for another purpose. She also
spoke in support of a veteran's resource center within the community.
Don Wolfson spoke about the importance of following through with commitments and
urged the Commission not to reallocate the funds for another project as it relates to the
money allocated for the Gail Baker Center Expansion.
Jesse Dattilo spoke in support of an expansion of the Gail Baker Center.
Lisa Herrold spoke in support of the Gail Baker Center Expansion and to keep the funds
available for the center. She also addressed a comment made during a STOP Committee
meeting regarding people needing to be present to voice their opinions.
Stephen Fouraker spoke about the statistics regarding tree mitigation and the need to
conserve the tree canopy.
Desmond Demps-Brooks spoke in support of expanding the Gail Baker Center.
Sue Goebertus spoke in support of expanding the Gail Baker Center.
Carol Girardey spoke about various nuisances within her neighborhood.
3. CITY MANAGER REPORTS
3.A. Accept the 90 -Day Calendar (Nov. 2023 - Jan. 2024)
CM Killingsworth reported on this item as detailed in the agenda packet.
There was discussion to potentially have the Priority -setting workshop on January 29th
and Mr. Killingsworth agreed to contact the facilitator with that date and add a date to
the calendar once determined.
ACTION: Approve the (90 -Day) calendar as presented today.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Regular City Commission
October 23, 2023
Michael Waters For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed S to 0.
3.11. Dora Drive Propety Update
CE Swann provided an update as detailed in the agenda packet.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Mayor Ford
• Mentioned that he brought up a question at the last Commission meeting regarding the
possibility of reallocating funds planned for the Baker Center to assist with other projects
within the City. He expressed that he should have had more conversations with others
about his question. He expressed that he is not in support of the reallocation of any funds
to be taken away from the Baker Center.
• Spoke about different options for addressing parking issues at Donner Park.
• Read a thank you card from Atlantic Beach Elementary regarding the additional swings
installed at the park.
Commissioner Bole
• Spoke about some things within the City that are paid for by the Beaches Town Center
Agency.
Commissioner Kelly
• Spoke in support of the ESC and all the work they do to help preserve the trees within
the City and asked that the volunteers interested in the foliage project be utilized.
• She asked for a status update regarding the creation of a Volunteer Coordinator position
that ESC and ARCC asked for. She mentioned that this position was also a part of last
year's vision plan.
Commissioner Ring
• Spoke in support of the Mayor's Council for Health and Wellbeing and asked for the
Mayor and the other Commissions to receive a copy of last year's report.
• Mentioned it was great to have the Blue Angels return to the beach community.
• Mentioned that Beaches Watch would be hosting a Town Hall on November 1 st with
State Legislators in attendance.
• Spoke about the many upcoming events planned by the Recreation Department.
• Expressed support for the public input form allowing the community to express their
opinions on what they would like to see change and happen within the City.
Commissioner Waters
Spoke about the STOP Committee's recent meeting, thanked the Mayor and City
Manager for their support and guidance during the meeting, and noticed the positive
direction the STOP Committee is heading in.
4.A. Charter Officer Performance Reviews (Mayor Ford)
Mayor Ford explained the requirement for the elected officials to conduct annual
performance reviews for the Charter Officers however, a review will not be needed for
Regular City Commission
October 23, 2023
4
6.
7.
8.
the city manager since he just started. He asked that they complete the form included in
the packet and return it to the city manager by Monday, October 30, 2023.
UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
CONSENT AGENDA
None.
COMMITTEE REPORTS
None.
ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 2346
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING A NEW
MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC
BEACH, FLORIDA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
CM Killingsworth spoke about the resolution and, along with DCM Hogencamp,
answered questions from the Commission.
MOTION: Approve Resolution No. 23-46.
Motion: Bruce Bole
Second. Michael Waters
Curtis Ford
For
Bruce Bole (Moved By)
For
Michael Waters (Seconded By)
For
Candace Kelly
For
Jessica Ring
For
Motion passed S to 0.
8.B. RESOLUTION NO. 2348
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
MAYOR TO SIGN THE STATE OF FLORIDA MUTUAL AID AGREEMENT
2023
Mayor Ford read the title of the resolution.
Regular City Commission
October 23, 2023
CM Killingworth explained the resolution.
PC Gualillo answered questions from the Commission.
MOTION: Approve Resolution (No.) 23-48.
Motion: Bruce Bole
Second. Michael Waters
Curtis Ford
For
Bruce Bole (Moved By)
For
Michael Waters (Seconded By)
For
Candace Kelly
For
Jessica Ring
For
Motion passed S to 0.
8.C. RESOLUTION NO. 2347
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING EMPLOYEE HEALTH INSURANCE BENEFITS DELINEATED
IN EXHIBIT A FOR THE PLAN YEAR BEGINNING JANUARY 1, 2024,
INCLUDING THE FOLLOWING: BENEFITS PROVIDED TO CITY
EMPLOYEES AND THEIR FAMILIES THROUGH CIGNA, LIFE INSURANCE
AND EMPLOYEE ASSISTANCE PLAN BENEFITS PROVIDED BY THE CITY
AT NO COST TO EMPLOYEES, AND OTHER INSURANCE COVERAGE
OFFERED TO EMPLOYEES AT THEIR EXPENSE; AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Ford read the title of the resolution.
HRD Varian reported on the information as detailed in the agenda packet and answered
questions from the Commission.
MOTION: Adopt Resolution No. 23-47 as read.
Motion: Candace Kelly
Second. Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly (Moved By) For
Regular City Commission
October 23, 2023
Jessica Ring For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 31-23-16, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION
OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM
RESIDENTIAL MEDIUM DENSITY (RM) TO COMMERCIAL (CM);
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
PCDD Askew presented the information for both Ordinance No. 31-23-16 and
Ordinance No. 90-23-251 as detailed in the agenda packet and a slide show (which is
attached hereto and made part of this Official Record as Attachment A) and answered
questions from the Commission.
Applicant Harold Rooks provided a history of the property and answered questions from
the Commission.
The public hearing was opened. No one wished to speak.
The public hearing was closed.
No motion was made however, there was a vote. (Ordinance No. 31-23-16 was approved
on first reading later during 9B.
10-23-23 - Attachment A
9.11. ORDINANCE NO. 90-23-251, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL, TWO- FAMILY
(RG), TO COMMERCIAL GENERAL (CG); PROVIDING FINDINGS OF
FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Ford read the title of the ordinance.
CM Killingsworth asked that the Commission incorporate the report given by PCDD
Askew and the staff report into their findings.
The public hearing was opened.
Regular City Commission
October 23, 2023
No one wished to speak.
The public hearing was closed.
MOTION: Approve Ordinance No. 90-23-251 (on first reading) as read.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford
For
Bruce Bole (Moved By)
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Jessica Ring
For
Motion passed 5 to 0.
CC Bartle asked whether a motion had been made for Ordinance No. 31-23-16. Since it was
determined there was no motion made, the Commission took the following action.
MOTION: Approve Ordinance No. 31-23-16 on first reading.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford
For
Bruce Bole (Moved By)
For
Michael Waters
For
Candace Kelly (Seconded By)
For
Jessica Ring
For
Motion passed 5 to 0.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Ring
• Spoke about the involvement of the ARCC within the community and its volunteer
involvement.
Regular City Commission
October 23, 2023
Commissioner Waters
• Thanked the City for the VIP passes to the Air Show. He expressed he would like COJ
to change the show format back to its original layout and duration. Commissioner Bole
added additional information regarding the show format, layout, and duration.
CM Killingsworth
• Spoke about an opportunity for the Commission to tour 100 West 1st Street (Home
Away) if interested and to contact him for tour scheduling.
Mayor Ford
• Addressed the comment made by Lisa Herrold and expressed his support for the
submission of written comments to the Commission.
13. ADJOURNMENT
The meeting adjourned at 8:03 p.m.
Attest:
Donna L. Bartle, City Clerk
Date Approved: 2/12ZOZ
u is ord,Aa-Y07
Regular City Commission
October 23, 2023
Attachment A
of 10-23-23 Minutes
REZN23mOOO2
COMP23mOOO2
0 West 2"d Street
Requestfor a Future Land Use Map (PLUM)
amendment to change the future land use
map from Residential, Medium Density (RM)
to Commercial (CM) and a zoning map
amendment to change the zoning map from
Residential, General, Multi -Family (RG -M)
To Commercial General (CG)
Context nd Details of 10-23--2323 MinAtMinntutesSite
� s
Currently a vacant lot adjacent
to and owned by Oceanside.,
Collisions
Zoned as Residential, General, y
Two -Family
Y
FLUM designation is Residential'
Medium Density (RM)
Used as car storage for
Oceanside Collision
Oceanside Collision operates
out of 41 and 61 W 2nd Street.
Both 41 and 61 W 2nd Street are*:"
zoned Commercial, General an4 ;.
are designated in the FLUM as ;
Commercial (CM)
'�1'c�
Attachment A
Site Context and Details of 10-23-23 Minutes
RPcir Inti; l FI I IM 9 7nninu
A " 4115
Jt
Commercial FLUM & Zoning
M '
ite
Attachment A
S Context and Detai I s of 10-23-23 Minutes
Current FLUM
61 W 2nd St
(Oceanside
Collision)
Residential Medium Density (RM)
Up to fourteen (14) dwelling units per acre
Commercial (CM)
Current Zoning
61 W 2nd St
(Oceanside /
Collision)
Zoning Districts
G C ommereffil, General
■ `r\ ` / \ 5
History
Attachment A
of 10-23-23 Minutes
1982: 0 West 2nd Street and 61 West 2nd Street zoned RG -1
1985: 61 W 2nd Street zoned CG, 0 W 2nd Street zoned RG
1986: 61 W 2nd Street developed as an office/warehouse space
1987: A Use By Exception was passed by Commission to allow an
automotive service garage with the condition that there be no
outside storage or work
1993: Aerial photos show that 0 W 2nd Street was being used for
storage of vehicles
2021: Oceanside Collision acquired 0, 41, and 61 W 2nd Street
..W27_ . ,
+. r/�� /
_ '�+ � o w 2^d street
0 W 2nd Street O W 2nd Street 2022 Aerial
1988 Aerial 1993 Aerial
r �
i
61 W1"'5t
)o_rlidr
61 WP0Sti collision)
t3 `� 61 W 2"d St
i �'
tit Property is being Property is being ,
Property is vacantused to store vehicles
used to store vehicles
AttachmentCurrent Conditions of 10-23-23Minutes
Non-residential uses are not permitted within the RG zoning district.
Section 24-112 permits minor automotive within the CG zoning district.
Per Section 24-17, minor automotive service is defined as
".... any facility that performs the limited, minor or routine servicing of
motor vehicles or parts, but shall not include major automotive repair, and
which contains no more than two (2) work bays."
The current buildings (41 and 61 W 2nd Street) meet the definition of:
"Automotive repair, major shall mean any facility that performs any type of
automotive service or repair with more than two (2) work bays, or any
facility that performs the rebuilding or reconditioning of motor vehicles or
parts thereof, including collision service, painting and steam cleaning of
vehicles, regardless of the number of work bays."
This type of used is only permitted in light industrial and warehousing
zoning district (LIW)
Attachment A
Current Conditions of 10-23-23 Minutes
Non -conforming uses (24-84 (c) are "...Uses of land which were lawfully
created at the time such uses were established, but which would not be
permitted by the restrictions imposed by these land development regulations
or by restrictions imposed by the comprehensive plan, may be continued so
long as they remain otherwise lawful and in compliance with the provisions of
this section.
(2) Relocation or expansion of nonconforming uses. A nonconforming use
shall not be moved in whole or in part to any other portion of the lot or parcel
on which such nonconforming use is located, nor shall a nonconforming use
be expanded or enlarged."
O W 2nd Street
Request
Attachment A
of 10-23-23 Minutes
Change FLUM from Medium Density to Commercial
Change zoning from Residential Two -Family to Commercial
Change Zoning and FLUM from
Residential to Commercial
1
_ r 61 W 2"d St ,•
(Oceanside
` Collision)
Aw
Residential Zoning°
Commercial Zoning
41 IN 2nd St
(Oceanside
Collision)
I twit �.-. - i F
at
l_«
Attachment A
of 10-23-23 Minutes
Land use changes
Transportation changes
• Art and facade grants
Attachment A
Considerations of 10-23-23 Minutes
Per Section 24-62(c)(2) of the Land Development
Regulations, the Community Development Board shall
"indicate the relationship of the proposed rezoning to the
Comprehensive Plan for the City and provide a finding that
the requested change in zoning is consistent with the
Comprehensive Plan': Relevant and applicable language
from the City's Comprehensive Plan is listed below.
Attachment A
Considerations of 10-23-23 Minutes
Policy A.1.5.6 Commercial and light industrial development shall
be located and designed so as to minimize adverse effects on
residential areas, traffic facilities and the aesthetic character of
the City.
Policy A.1.10.4 The City shall actively support the appropriate
redevelopment and infill development of the Mayport Road
corridor. Retail and service uses that sustain neighborhoods, and
encourage a more aesthetically pleasing and pedestrian friendly
environment shall be encouraged. New development along
Mayport Road shall be in compliance with the Commercial
Corridor Development Standards as set forth within the Land
Development Regulations.
Attachment A
Considerations of 10-23-23 Minutes
Policy A.1.10.5 Along the Mayport Road corridor, the continuation and
proliferation of light industrial uses, automotive sales and repair businesses
and other more intensive commercial business activities shall be discouraged
in favor of those businesses and uses that provide neighborhood serving
retail products and services that generate daily activity and interaction
between residents of the surrounding neighborhoods such as banks,
drugstores, restaurants, churches, child care centers, grocery stores and
similar businesses and uses.
Policy A.1.11.1 (b) Commercial —The Commercial land use category is
intended to provide appropriate locations for neighborhood and community
businesses providing services and retail sales for the City and the closely
surrounding communities. Government, civic, religious, cultural and
institutional uses, may also be located within this category. Permitted uses
within the Commercial category, along with uses that may be allowed by
special exception, shall be limited to the following and as more specifically
described within the Land Development Regulations and when located within
the respective Zoning District classifications, which are intended to provide a
decreasing level of use intensity due to proximity to residential uses.
Attachment A
of 10-23-23 Minutes
Grounds for Decision
Future Land Use Map should
be reviewed for consistency
with the Comprehensive Plan.
The Comprehensive Plan
discourages amendments to
increase density within
environmentally sensitive
areas, coastal high hazard
areas (CHHA), or areas
vulnerable to flooding. This
property does not contain
environmentally sensitive
areas, is not within the CHHA,
and is not vulnerable to
flooding.
REZONING
The CDB has studied and considered the
need and justification for the change:
Consistency with the Comprehensive Plan
Consistency with the intent of the land development regulations;
Consistency with other professional planning principles, standards,
information and more detailed plans and studies considered relevant
Whether the proposed amendment and development permitted
thereunder is premature or otherwise creates or contributes to an
urban sprawl pattern of development
Whether the proposed amendment will constitute "spot zoning," that is
an isolated zoning district unrelated to adjacent and nearby district
Whether the uses permitted under the proposed rezoning will be
consistent or compatible with the existing and proposed land uses and
zoning of adjacent and nearby properties or the general area; or will
deviate from an established or developing logical and orderly
development pattern;
Whether the uses permitted under the proposed rezoning will deviate
from an established or developing development pattern that is logical
and orderly;
Whether the proposed rezoning and development permitted
thereunder will result in significant adverse impacts upon property
values of adjacent or nearby properties or in the general area more
than the types of uses currently permitted; and
Whether the proposed rezoning and development permitted
thereunder will detract from the character and quality of life in the
general area or neighborhood by creating excessive traffic, noise, lights,
vibration, fumes, odors, dust, physical activities or other detrimental
effects or nuisances.
Attachment A
of 10-23-23 Minutes
The Community Development Board (CDB) heard this
agenda item at the September regular meeting and voted 4
to 3 to recommend approval of the rezoning and
comprehensive plan.
Some CDB members expressed concerns that the proposed
changes to the future land use map and rezoning do not
meet the vision of Mayport Road and the goals and policies
in the Comprehensive Plan.
Attachment A
of 10-23-23 Minutes
Grounds for Decision
Motion to recommend approval or approval with conditions
finds that the requested zoning map and FLUM amendments
ARE consistent with the Comprehensive plan
MWO
Motion to recommend denial finds that the requested zoning
map and FLUM amendments are NOT consistent with the
Comprehensive Plan