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3-25-24 Regular Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting Monday, March 25, 2024 - 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. DCC Nichols called the roll. Mayor Ford requested to see a show of hands to survey the amount of people in attendance to speak on agenda item 10. Item 10 was moved up directly after the approval of minutes. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 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) Kevin Hogencamp, Deputy City Manager (DCM) Jason Gabriel, City Attorney (CA) Ladayija Nichols, Deputy City Clerk (DCC) Stephanie Figueroa, Records Management Specialist (RMS) Amanda Askew, Planning & Community Development Dir. (PCDD) APPROVAL OF MINUTES IA. Approve minutes of the Commission Priority Setting meeting held on February 5, 2024. 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. 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing on Waiver Request (WAIV24-0001) Request for a waiver as permitted by Chapter 24, Section 24-66 to waive the provision of a minimum 75 -foot lot width as required by Section 24-106 to allow the subdivision of parcels into two lots. (550 Sherry Drive, RE# 170465-0010) 10.B. City Attorney Procedural Reminders Regular City Commission March 25, 2024 CA Gabriel explained the procedures as detailed in the agenda packet. 10.C. Disclosure of Ex Parte Communications, if any All Commissioners reported having no ex parte communications. 10.1). Swearing in of all persons who will speak DCC Nichols administered the oath. I.O.E. City Staff Overview PCDD Askew presented as detailed in a slide show presentation (which is attached hereto and made part of this Official Record as Attachment A). Commissioner Kelly inquired about grandfathering rights as it pertains to the letter submitted by the applicant. PCDD Askew explained that the grandfather rights are no longer applicable due to the amount of time that has passed. Commissioner Waters asked if the property was currently occupied and if the applicant's address is in Atlantic Beach. PCDD Askew informed that she is unsure of the occupancy and that the address is an out of town address. 3-25-24 Attachment A 10.F. Applicant Presentation Applicant Nathan Briesemeister expressed that he would like to move forward with dividing the lot and that he would like for the Commission to honor the letter he submitted that was received from staff in 2014. Commissioner Bole asked if the plans for the lot was brought up when it was purchased. Mr. Briesemeister expressed that this was an important factor and that the initial thoughts were that the home could be a potential retirement home while also knowing that there was flexibility to divide the lot in the future, based off of the letter that was given to him at the time of purchase. Commissioner Ring asked if he has lived in the home. Mr. Briesemeister answered that he does not live in the home permanently; however, he and his family visit several weeks a year. He informed that the property is currently being rented out and that if he is granted the waiver, he plans on splitting the lots and selling them. Commissioner Kelly expressed concerns regarding 90 -Day rentals. Mr. Briesemeister informed that he was unaware of a 90 -Day minimum rental regulation and that in order to divide the lots, the house would need to come down. 10.G. Public Comments DCC Nichols called each speaker to the podium. Regular City Commission March 25, 2024 Lewis Wolfrom expressed that he is not in support of the waiver request. Michael Kulik made suggestions for points that should be considered regarding waiver requests. Michael Walsh echoed the comments made by Mr. Kulik. Nancy Statts, MD reiterated Commissioner Bole's comments. Don Wolfson expressed concerns regarding the letter submitted by the applicant. Lisa Herrold recommended that the Commission deny the waiver request. Susanne Barker requested that the Commission deny the waiver request. Jackie Beckenbach expressed concerns regarding the waiver request. Stephen Fouraker encouraged the Commission to deny the waiver request. 10.11. Closing Comments/ Rebuttal PCDD Askew answered questions from the Commission. Mr. Briesemeister provided closing comments. 10.1. Commission Deliberation and Action Commissioner Bole expressed that the waiver request does not meet one of the three criteria needed to grant a waiver. Commissioner Kelly expressed that there was no hardship. Commissioner Ring explained that she does not see where the applicant has met the criteria needed for a waiver and that she resonates with a lot of the citizens' comments. Commissioner Waters expressed that the Code is clear and definite. Mayor Ford expressed that he is for the 75 -foot property line however, he is understanding of the letter the applicant submitted. He explained that he would vote for the request however, he does not see it as a precedent, and would be voting on fairness. Commissioner Kelly asked if the house needed to be torn down before the Commission approves the waiver. PCDD Askew explained that one would technically be creating a nonconformity due to not meeting setbacks. Regular City Commission March 25, 2024 MOTION. Deny the waiver (WAIV24-0001). Motion: Candace Kelly Second: Jessica Ring Curtis Ford Against Bruce Bole For Michael Waters For Candace Kelly (Moved By) For Jessica Ring (Seconded By) For Motion passed 4 to 1. A recess was taken at 7:25. The meeting reconvened at 7:30. 2. COURTESY OF FLOOR TO VISITORS Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. PUBLIC COMMENT DCC Nichols called each speaker to the podium. Don Wolfson expressed concern regarding the validity of the letter submitted by the applicant of the waiver request and requested that the Commission look into this issue. Lisa Herrold reiterated Mr. Wolfson's comments. 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (April - June 2024) CM Killingsworth reported as detailed in the agenda packet. There was a CONSENSUS to accept the 90 -Day Calendar. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Ring • Announced the City's Egg Hunt happening on March 30, 2024 at 10 AM. • Thanked the Charter Review Committee members for their time and work. Commissioner Waters • Thanked the beaches and Jacksonville Sheriffs Office police and expressed concerns about spring break. Commissioner Bole Regular City Commission March 25, 2024 Announced the Beaches Town Center Agency golf tournament happening on April 11, 2024. Thanked staff for the risk management policy. Expressed that he would like to recognize police officers for their work with recent events. • Spoke about the lift station resolution, emphasized the importance of resiliency, and expressed that he hopes the Commission can bring this back. Commissioner Kelly • Thanked City staff for their help with Paws in the Park. • Spoke about changing the name of Marvin's Garden. Mayor Ford requested that the CM address this between now and the next meeting. Mayor Ford • Spoke about bicycle traffic on Beach Avenue. He requested that the CM, CA, and Chief of Police come up with an ordinance that will allow two way bike traffic while allowing staff to place appropriate signs to go along with the ordinance. Commissioner Ring expressed that she is okay with this idea. Commissioner Waters expressed concerns about gathering opinions from all of the Commissioners regarding this topic. Commissioner Kelly expressed that there should be more information on bike safety in addition to this. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Authorize the City Manager to approve the existing tractor as surplus and approve a purchase order in the amount of $35,725.00 to Coastal Equipment Systems for a new tractor. 6.B. Authorize the City Manager to approve the existing tractor as surplus and approve a purchase order in the amount of $29,781.98 to Coastal Equipment Systems for the new tractor. 6.C. Authorize the City Manager to approve the purchase order in the amount of $27,933.55 to GEA Mechanical Equipment for the repairs to the scroll assembly. 6.D. Authorize the City Manager or designee to sign the initial grant request, any subsequent documents associated with application, and sign acceptance of award (if granted). MOTION: Approve the Consent Agenda. Motion: Michael Waters Second. Candace Kelly Curtis Ford For Bruce Bole For Michael Waters (Moved By) For Regular City Commission March 25, 2024 7. 8. Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 24-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF A $10,000 DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AND $10,000 CITY FUNDS TO YEWTREE ENVIRONMENTAL SERVICES TO CONDUCT AN INVENTORY OF AND CREATE A MANAGEMENT PLAN FOR THE INVASIVE AND EXOTIC SPECIES ON THE CITY'S COASTAL DUNES; 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 explained the resolution. MOTION. Approve Resolution (No.) 24-11. Motion: Bruce Bole Second. Jessica Ring Curtis Ford For Bruce Bole (Moved By) For Michael Waters For Candace Kelly For Jessica Ring (Seconded By) For Motion passed S to 0. 8.B. RESOLUTION NO. 24-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE REPLACEMENT OF HVAC UNITS IN CITY HALL AND THE COMMISSION CHAMBER; 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. Regular City Commission March 25, 2024 9. Mayor Ford read the title of the resolution. CM Killingsworth explained the resolution. MOTION: Approve Resolution (No.) 24-13. Motion: Bruce Bole Second. Candace Kelly Curtis Ford Bruce Bole (Moved By) Michael Waters Candace Kelly (Seconded By) Jessica Ring For For For For For Motion passed S to 0. 8.D. RESOLUTION NO. 24-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING AN ORGANIZATIONAL MISSION STATEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. CM Killingsworth explained the resolution. MO 770N.- Approve Resolution No. 24-15. Motion: Candace Kelly Second: Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly (Moved By) For Jessica Ring For Motion passed 5 to 0. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 20-24-172, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING Regular City Commission March 25, 2024 OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the ordinance. CM Killingsworth explained the ordinance. The public hearing was opened. DCC Nichols called each speaker to the podium. Sarah Boren expressed that ESC would like to be as energy efficient as possible while the City is renovating. The public hearing was closed. MOTION. Approve Ordinance No. 20-24-172. Motion: Jessica Ring Second. Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 8.C. RESOLUTION NO. 24-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO AMEND ITS DESIGN -SERVICES CONTRACT WITH ACON CONSTRUCTION TO COMPLETE DESIGN -BUILD SERVICES FOR THE RECONSTRUCTION OF THE ATLANTIC BEACH OCEAN RESCUE STATION; 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 explained the resolution and answered questions from the Commission. MOTION. Approve Resolution (No.) 24-14. Motion: Jessica Ring Second. Candace Kelly Regular City Commission March 25, 2024 Curtis Ford For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed S to 0. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS DCC Nichols • Introduced the new RMS. CA Gabriel • Mentioned new legislation regarding public camping and that he would take a look at it. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Kelly • Expressed that she has concerns about the ordinance CA Gabriel mentioned. Commissioner Ring • Echoed Commissioner Kelly's concerns about the camping ordinance. CM Killingsworth • Spoke about his tasks of renaming the park and preparing an ordinance regarding two- way bike traffic. • Announced that the new Executive Assistant's first day will be April 1, 2024. Mayor Ford • Mentioned that he is interested in the camping ordinance. • Expressed that he would like the two way bike traffic ordinance to be completed as soon as possible. 13. ADJOURNMENT The meeting adjourned at 8:07 PM Attest: wzDonna L. Bartle, City Clerk Date Approved: 4127-12-0;? L% C, � z,, Curtis Ford, Mayor Regular City Commission March 25, 2024 Attachment A to 3-25-24 Minutes WAIV24-0001 550 Sherry Drive Request for a waiver for 550 Sherry Drive as permitted by Section 24-66 to waive the provision of a minimum 75 -foot lot width as required by Section 24-106 (RS -2) to allow the division of the parcel into two lots. Attachment A to 3-25-24 Minutes Site Context and Details •Property is zoned Residential, Single - Family (RS -2) • Corresponds to the Residential Low (RL) designation of the FLUM • Backs up to Howell Park N v v 460 560 550 SJO - LiDt u5 .111•. 591 386 1 382 { , 1 541 385 361 395 o �- 4 399 gtr St sQ � �p!04 r y � r 481 31 390 � Site Context & Details • 100' lot width on Sherry Dr. and 195' in depth •Currently consist of 4 platted lots with one single family home (built in 1971) Attachment A to 3-25-24 Minutes N�� Ofl'E 1 ao „� ati J LOT Nor--ir`�r ,0 337 to335 2014 Sun7ey 1 r w .0 1 'I+ L"I 3A5 IS Or • • 195.00 �1 � r l wt 34'b Attachment A to 3-25-24 Minutes Code (chapter 24) Where platted lots were combined for the development of the house, this property is considered a "single development parcel" as defined in Section 24-17 of the land development regulations and copied below: Single development parcel shall mean a unified development constructed or reconstructed on contiguous lands. Multiple adjacent platted lots shall be considered a single development parcel when: a) removing any of the parcels would create a nonconformity, b) typical elements of a single development are shared across a lot line such as access points, accessory structures, or architectural projections, or c) any permitted structure is located across a lot line (with the exception of fences). Removal of elements from a single development parcel shall not revert any lot back to an individual buildable lot unless minimum lot standards can be met. Attachment A to 3-25-24 Minutes Code (chapter 24 — lots of record) Section 24-84(b)(3) states that "No lot or parcel in any zoning district shall be divided to create a lot with area or width less than the requirements of this chapter and the comprehensive plan." =_ • - A AN I I AFTER "I I" x '1 111 ; Figure 5 Dividing & Joining Lots of Record Request •Divide into Two (2) lots • Each lot would be 50' wide and 195' deep Attachment A to 3-25-24 Minutes Attachment A to 3-25-24 Minutes Code (chapter 24) In order to divide the property into two lots, each "new" lot must meet the minimum lot size required for the respective zoning district and meet density required by the Comprehensive Plan. Comprehensive Zoning District (RS -2) Proposed Lots Plan Requirements Requirements Lot Not applicable 75 feet 50 feet Width Lot Not applicable 100 feet 195 feet Depth Lot Size 7,260 square feet 7500 square feet 9,750 square feet CITY OF ATLANTIC KACH BUILDING AND ZONING 1100 SEMINOLE ROAD ATLANTit BEACH, FLORIDA 32233 TELEDHONE 19041247-5800 FAX: "1247-5845 Re: Zoning Confirmation Dear Ms. Whitehead Attachment A to 3-25-24 Minutes This letter serves to confirm that you can split your property into two lots as we discussed fast week. I will be able to split the property into two (including the rear two lots) administratively, without the need for approval at Atlantic Beach boards. However, the existing structure would need to be removed prior to splitting the lots (so as to not create a nonconforming structure). As we discussed at the meeting, the 25 foot wetlands buffer would not apply eastward past the existing fence fine but would extend westward from the fence into the back two lots. In addition, the setbacks as per City code from the front and back property lines ate 20 feet with the side setbacks being a total of 15 feet. All of the above conditions are transferable and would be upheld to any purchaser of the property if It were to be sold. Please feel tree to contact me at (904) 247-5817 If you have any questions. Sincerely, Jeremy Hubs<h Ruild(ny, and Zoning Director 05' /2014 Attachment A to 3-25-24 Minutes Code History YEAR RESULTS 2003 RS -2 changed min. lot width from 50' to 75' (match to FLUM — low density) 2003-2010 City interpreted that new lots & lot splits must meet with min. 75' lot width (even for lots of record) 2011-2015 City interrupted code diffidently and allowed all lots of record to be developed 2017 City interrupted code that all lots must meet. min. lot width of 75' 2019 Code was updated to clarify lot splits and min. lot widths (def. single dev. parcel, 24-84 & figure) Attachment A to 3-25-24 Minutes t s91 �Jov 382 3/2 X11368 364+��et a,� -_,•� � 1 j ,647 1 ; 4 303 F ---t 0 4..�659 , 335325317 65� ; t 345 -'"I379373 367341 65 1 l 387 395 _ - - stn st ___----_ 631 � � _ _ r •• � • •� I • 270+260'^-- Ir - ~GOJ•, -----` ` . • I 316 310 y530 1 ```�^ ' �— • . •X334632 326 322 559 �`_` � � � •�3'; 364. 362 354 350 342 338 � { 37n ! 541_ ` �Rf� 362 13(1 591 ,i '510 275 460 3 21 4 ' SGn 333 541 '. 361 353 i 345 337 •I : • 1_ t 377'4 373 -- 399' 395; • ; 5th St ` ,-- I t 270 - _r-- - - _____ __- • ' 310 320 0 --'' "_�---"..� • • � � 35l`346 344 328 342 } 300 360 .358' 354 7 481 390 38U 372. ! 0 1 0 490 ! ;2�` \ / • O� t ` ! !. 3', / I t I 307 - mo 2_T 325 317 462 345351 �),387415 93 � a O - -- St 1 ntn i 3QG �3 0 0 �� 'ao� �k -- ~-�"`'F �� • = Properties 50' in lot width or less ` tt �i392 n 1643`58 1 350 I3444 i !, Attachment A to 3-25-24 Minutes Grounds for Decision Section 24-66(e)(1) "A waiver from the land development regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of these land development regulations. In considering any request for a waiver from these land development regulations, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced." Section 24-66(b) requires the applicant submit to Commission a written request stating the reason for the waiver and the facts to support the waiver. (1) Compliance with such provision(s) would be unreasonable; or (2) Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility.