2-28-24 HandoutsSec. 9. - Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without limitation of
the foregoing, the city commission shall have power to:
1. Adopt a budget;
2. Authorize the issuance of bonds, revenue certificates, and other evidences of
indebtedness;
3. Establish or abolish official boards and elect the members thereof as recommended by
the mayor;
4. Adopt and modify the official map of the city;
5. Regulate and restrict the height, number of stories, and size of buildings and other
structures, the percentage of a lot that may be occupied, the size of yards, courts, and
other open spaces, the density of population, and the location and use of buildings,
structures, and land and water for trade, industry, residence or other purposes;
6. Provide for an independent audit;
7. Pass ordinances and laws for the preservation of the public peace and order and impose
penalties for the violation thereof; provided that the maximum penalty to be imposed
shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a
period of time not longer than ninety (90) days, or as otherwise provided for by Florida
Statutes;
8. Lease golf courses, hospitals and airports, or any portion thereof, after the city
commission has passed an ordinance authorizing any such lease;
9. Sell golf courses and the public utility system, or any portion thereof, now owned by the
city or hereafter acquired by it after the city commission has passed an ordinance that:
(a) there is a finding that public welfare no longer requires the operation of any such
facility; and (b) the terms of sale of real property within the city limits are stated; and (c)
after such ordinance has been submitted to the qualified voters of the city at an election
called for that purpose;
10. Provide rules and regulations for all purchases and sales made for and in behalf of the
city;
11. Appoint, remove and fix the compensation of all officers and employees appointed by
the city commission as hereinafter provided; the city commission shall perform an annual
performance review of the city clerk, city manager and city attorney;
12. Exercise any right or authority given or permitted by the Constitution and the laws of the
State of Florida to city commissions not inconsistent with the provisions of this Charter.
13. The mayor pro tempore shall be appointed by the city commission from its members.
14. Provide for the protection and preservation of parks as follow: Any real property owned
by the city which is used principally or held out for use as a public park, shall be used
only as a public park; and parks shall not be sold, leased long term, gifted, changed in
description or use, or otherwise disposed of; and no structure shall be built in any such
park to accommodate activities not customarily associated with park use or outdoor
recreation; unless such sale, lease disposal, gift or structure is approved by unanimous
vote of the entire city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
15 (Proposed). Exercise any authority permitted by law for the protection and preservation of
beaches, marshes, maritime tree canopy, and property through environmental stewardship,
resilience, and sustainability measures.
Definitions (Merriam Webster):
Stewardship:
the conducting, supervising, or managing of something
especially: the careful and responsible management of something
entrusted to one's care
e.g. stewardship of natural resources
Sustainability:
of, relating to, or being a method of harvesting or using a resource so that
the resource is not depleted or permanently damaged
e.g. sustainable techniques
e.g. sustainable agriculture
Resiliency:
an ability to recover from or adjust easily to adversity or change
etc. resiliency of nature and humans in the wake of fires, floods,
earthquakes, volcanoes, and other destructive forces.
Examples of Authorities of Commission:
Shoreline Protection
Emergency Planning
Tree Ordinance
Tree Canopy Assessment
Heritage Trees
Community Action Plan
Balloon Ordinance
City Policy on Polystyrene
Stormwater Management
Vulnerability & Adaptation Planning
Florida Friendly Landscaping
Bridgeport Barge Grounding & Coal Ash off shore
COJ Mitigation Efforts
Building in Flood Zones
Building Codes
LEEDS for Cities
ESC Committee Work
Oversight of Water Quality
Lot Coverage
Partnership on Farmers Market
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To: Chairman Bill Gulliford and Charter Review Committee
From: Don Wolfson
Date: February 8, 2024
Reference: Historical explanation of the 35' height limitation in the AB Charter and prohibition of filling
a lot to circumvent the height of buildings as defined in AB's Code of Ordinances — items discussed at
the CRC Meeting of January 24, 2024
Background: My family has lived in Seminole/Atlantic Beach (AB) for 43 years. In 1989, then Mayor Bill
Gulliford appointed me to the AB Community Development Board (CDB) on which I served for 14 years
as a member with 10 of those years as its chairman.
I believe that it is important to provide you with some information regarding the following:
There are important reasons why the 35' height limitation is identified in Atlantic Beach's
Charter and NOT in Atlantic Beach's Code of Ordinances;
The prohibition of lot fill to circumvent the height of buildings in AB is clearly defined in AB's
Code of Ordinances.
1. 35' HEIGHT LIMITATION:
For the sake of historical clarity, let us examine the following
Why is the height limitation in our Charter? Prior to the height limitation being restricted by the AB
Charter, a variance granted by the majority vote of the CDB members, as authorized in the Code of
Ordinances, could increase the 35' height limitation. Former Mayor Gulliford told you that perhaps the
35' height limit was placed in the Code because of the uproar from the action of former Mayor Billy
Howell granting the mid -rise height to the developer/owner of the Sea Turtle (today known as One
Ocean). Mr. Gulliford did not recall when or why the height limit was moved from the Code to the
Charter. This happened in 2007 when the overwhelming majority of voting citizens decided by
referendum to secure the height in the Charter. 72% of the voting citizens were for the 35' height
restriction being addressed in the Charter while 28% were opposed.
Why did this happen? Various mayors and commissioners invited me, because of my background, to
come before the Commission to discuss and debate the height issue. The threat of increasing a
structure's height above 35' to perhaps a mid -rise or high rise building was real.
Could an increase in the height above 35' have happened? When we moved to Seminole Beach (now
AB) in 1981, our family was invited by Gene Montanye to join the North Duval Beaches Assn (NDBA), a
citizens' watch group and the predecessor to today's Beaches Watch. Prior to moving to Seminole
Beach, we lived in Neptune Beach and I served on the NB Advisory Planning Board (zoning authority) as
a member for 8 years with 3 of those years as its chairman. I witnessed a number of changes in NB that
provided me insight into zoning complexities, so I was invited to serve on the (NDBA) Board.
Sometime in early 1984, Mr. Montanye was informed that the Jacksonville residential developer Almand
& Montgomery had submitted preliminary plans for their Seminole Beach oceanfront development on
Beach Avenue between 18`h and 19`h Streets. Their plan was to build two 18 -story high rise
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condominiums. By the time we were made aware of this project, the Jacksonville Zoning Board had
approved the project on its first reading. The second reading was imminent and the Zoning Board
chairman, Tommy Coppedge, informed us that stopping the project at this stage was practically
impossible... the approval of the Zoning Board was a mere formality. The Zoning Board's
recommendation then would go before the full Jacksonville City Council for a final vote.
The NDBA organized a telephone campaign to strongly lobby every council member during their
breakfast and dinner hours to oppose this project. In the meantime, we met with former Mayor Howell
and requested his support of our opposition to this project, which he declined. Next, we lobbied every
Jacksonville council member in person to oppose this project at the upcoming Council meeting. Two city
buses were chartered with almost 80 friends and neighbors who filled the Jacksonville council chamber
opposing this rezoning. The project was defeated!
The threat of vertical development in Seminole Beach and ultimately AB was just beginning and so was
the effort to protect our community. Developers could return time and again until they would get
enough votes on the council to approve similar projects while making incidental concessions. We
needed to control the destiny of Seminole Beach locally and not in downtown Jacksonville. The only
strategy that made sense for us was for Seminole Beach to secede from Jacksonville and to be annexed
by Atlantic Beach — no small fete. After a monumental effort guided by Gil Stockton and a small group
of Seminole Beach residents, Seminole Beach was successfully annexed by Atlantic Beach in 1987. This
annexation brought many involved citizens into AB, citizens who helped AB become the desirable
community that it is today.
The 35' height limit was stated in the zoning guidelines found in Chapter 24 of AB's Codes. Around
2004, an associate of the AB Community Development Board Executive Director partnered with a
developer and prepared conceptual plans to build a mid -rise condominium (6-8 stories) on Johnston
Island under and adjacent to the Atlantic Blvd. Intracoastal Waterway bridge. The mayor at that time
and two commissioners were in "soft" agreement to support the rezoning of this island that would
include a height variance necessary to accommodate this development. A simple 3-2 vote could
approve this project.
This was significant. The approval of the Johnston Island development could have established a
precedent for AB as well as for neighboring boundaries that abut AB. For example, at that time, Selva
Marina Country Club (SMCC) was experiencing financial difficulties and its board was looking for possible
financial strategies. SMCC's jurisdictional governing body was Jacksonville. For this particular club and
golf course, there were no height restrictions, so there could be six -18 story condominiums. This
potential threat could have altered AB forever.
The mid -rise threat to Johnston Island and thus to AB would alter the height limitation and this was the
catalyst for AB citizens to make a choice. A Charter referendum provided all AB citizens the opportunity
to vote on this issue. In 2006, 72% of the citizens of AB voted to include a 35' height limitation in the AB
Charter.
According to the AB Charter, any AB height limit change must be the decision of the AB electorate.
However, today the authority of the electorate may be in conflict with the State of Florida's position
regarding land use legislation. The new Florida statute nullifying all citizen land use referendums is
retroactive to 2011, leaving AB's 2007 referendum in place. The recent Legislative action removing the
right of citizens to enact land use changes by referendum poses a possible legal conundrum.
2. LOT FILL:
Can lots be filled to elevate the height of a structure and from where is the height measured? The
guidelines are very clear as to the prohibition for filling in lots. The collective comments from several
members of the CRC inquiring how and where the 35' height of a building on a lot is measured are
clearly addressed in Chapter 24, Article III, Division 3, Section 24-70. With exceptions from the Florida
Department of Environmental Protection, increasing the elevation of a lot to circumvent the 35' height
limit is strictly prohibited. Please read the excerpt from the AB Code below.
"No lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no
vegetation on any parcel or lot disturbed, prior to issuance of all required approvals and development
permits authorizing such clearing or alteration. Except as required to meet coastal construction codes
as set forth within a valid permit from the Florida Department of Environmental Protection; or as
required to meet applicable flood zone or stormwater regulations pursuant to valid permits, the grade,
elevation or topography of any parcel, development or redevelopment site shall not be altered."
How different Mayor Gulliford's view from the top floor of One Ocean would be if the majority of AB
citizens decided to take another path.
Cc: Donna Bartle, City Clerk
Jason Gabriel, City Attorney
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