9-23-24 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, September 23, 2024 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
*
1.A.
Approve minutes of the Regular Commission meeting held on August 12, 2024.
8-12-24 Regular City Commission Draft Minutes
5 - 64
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
*
3.A.
Accept the 90-Day Calendar (Sep. - Nov. 2024)
90-Day Calendar (Sep. - Nov. 2024)
65 - 68
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY
COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
6.A.
Declare this list of property as surplus so that the items may be disposed of in
the most beneficial way to the City.
Surplus Property
69 - 70
7. COMMITTEE REPORTS
None.
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8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 24-50
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
SUBMISSION OF AN APPLICATION FOR FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP) FUNDING FROM THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION FOR THE FISCAL YEAR 2024-25 FUNDING
CYCLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND
PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-50
71 - 72
*
8.B.
RESOLUTION NO. 24-46, Public Hearing on Adoption of Resolution No. 24-46
for the Millage Rate
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD
VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL
TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; STATING THE
PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK
RATE; AND PROVIDING AN EFFECTIVE DATE.
Link to proposed annual operating budget book
Resolution No. 24-46
73 - 76
9. ACTION ON ORDINANCES
*
9.A.
Public Hearing and Final Reading on adoption of Ordinance No. 20-24-175,
establishing the Operating Budget for fiscal year 2024/2025.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING
SEPTEMBER 30, 2025.
Link to proposed annual operating budget book
Ordinance No. 20-24-175
77 - 80
*
9.B.
ORDINANCE NO. 55-24-39, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING
MONTHLY SANITATION RATES BY 3.7% AND ANNUALLY THEREAFTER BY THE
CONSUMER PRICE INDEX (CPI) COLLECTION ADJUSTMENT BY AMENDING
CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE
DEFINITIONS AND PROCEDURES, SECTION 16-10 FEES FOR COLLECTION;
PROVIDING FOR INTENT; PROVIDING FOR ADOPTION OF THE NEW RATES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. 55-24-39
81 - 85
*
9.C.
ORDINANCE NO. 80-24-89, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE
MONTHLY STORMWATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES,
87 - 89
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ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES,
SECTION 22-335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION
OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Ordinance No. 80-24-89
*
9.D.
ORDINANCE NO. 90-24-253, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, ADOPTING A FULLY REVISED CHAPTER 24, LAND DEVELOPMENT
REGULATIONS, OF THE ATLANTIC BEACH CODE OF ORDINANCES, AS SET FORTH
WITHIN ATTACHED EXHIBIT A, WHICH GENERALLY AND SPECIFICALLY REGULATE
THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF
ATLANTIC BEACH, FLORIDA; REPEALING THE ENTIRETY OF THE CURRENT
CHAPTER 24, ADOPTED BY ORDINANCE NUMBER 90-19-240 AS AMENDED TO
DATE; SAID NEWLY ADOPTED CHAPTER 24 CONTAINING SIX ARTICLES: ARTICLE I
– IN GENERAL, PROVIDING FOR ADOPTION AND AUTHORITY, PROVIDING FOR
PURPOSE AND INTENT, PROVIDING FOR JURISDICTION, PROVIDING FOR
AMENDMENTS, PROVIDING FOR LEGAL STATUS AND CONSISTENCY WITH THE
COMPREHENSIVE PLAN; ARTICLE II. – LANGUAGE AND DEFINITIONS, PROVIDING
FOR CONSTRUCTION OF LANGUAGE, PROVIDING FOR DEFINITIONS, PROVIDING
FOR ACRONYMS; ARTICLE III. – ZONING REGULATIONS; PROVIDING FOR ARTICLE
IV. – SUBDIVISION AND SITE IMPROVEMENT REGULATIONS; ARTICLE V. –
ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS; AND ARTICLE VI. –
CONCURRENCY MANAGEMENT SYSTEM; PROVIDING FOR FINDINGS OF FACT,
FOR CODIFICATION, FOR APPLICABILITY, FOR CONFLICT, FOR SEVERABILITY, AND
FOR AN EFFECTIVE DATE.
Link to Redline version of Chapter 24 updates
Link to Redline version of Chapter 24 updates with editorial comments
Link to Draft recommendation from Community Development Board for on-site
stormwater (was Section 24-68 now 24-89)
Ordinance No. 90-24-253
91 - 96
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, visit
www.coab.us/live.
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Regular City Commission - 23 Sep 2024
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
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Regular City Commission
August 12, 2024
MINUTES
Regular City Commission Meeting
Monday, August 12, 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 6:40 PM. CC Bartle
called the roll. Mayor Ford explained the protocols moving forward regarding meeting decorum.
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)
Rob Graham, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
Amanda Askew, Planning & Community Development Dir. (PCDD)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Budget Workshop held on July 8, 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.
1B. Approve minutes of the Regular City Commission meeting held on July 8, 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.
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
CC Bartle called each speaker to the podium.
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Agenda Item #1.A.
23 Sep 2024
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Regular City Commission
August 12, 2024
Karl Klein expressed concerns about his neighborhood and described the issues as
detailed in a handout (which is attached hereto and made part of this Official Record as
Attachment A).
Bill Permenter spoke in support of renaming Marvin's Garden to Eleanor and Garnett
Ashby Memorial Park.
Sandra Martin spoke in support of renaming Marvin's Garden to Eleanor and Garnett
Ashby Memorial Park.
Mardie La Bouton expressed gratitude for draining the pond in her neighborhood and
requested that "no fishing" signs be paced near this pond.
Dolly McCormick spoke in support of Ms. La Bouton's comments.
Shelly Crist expressed gratitude for the pickleball courts.
8-12-24 RCM Attachment A
3. CITY MANAGER REPORTS
3.A. Accept the 90-Day Calendar (Aug. - Oct. 2024)
CM Killingsworth reported as detailed in the agenda packet.
There was a CONSENSUS to approve the 90-Day Calendar with the addition of a budget
workshop on August 29, 2024.
3.B. Park Naming
DCM Hogencamp explained as detailed in the agenda packet and answered questions
from the Commission.
There was a CONSENSUS from all Commissioners except Commissioner Bole, to bring
this item back as a resolution.
3.C. Additional Update
CM Killingsworth provided an additional update as follows:
The City has applied for a defense community infrastructure program grant
which is approximately $1.4 million.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole
Reported on the most recent Beaches Watch meeting he attended.
Mentioned that he will be attending a Florida League of Cities (FLC) conference.
Commissioner Kelly
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23 Sep 2024
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Regular City Commission
August 12, 2024
Requested that Commissioner Bole inquire about electric bike regulations at the FLC
conference.
Encouraged everyone to remember that there are AB children that attend Neptune Beach
Elementary (NBE).
Commissioner Ring
Provided an update on Duval County Public Schools (DCPS) Master Facility Plan.
Expressed concerns for Aquatic Gardens.
Commissioner Waters
Spoke to Commissioner Ring's comments regarding the DCPS Master Facilities Plan.
Expressed that he would speak with CM Killingsworth and the Public Works Director
about Oak Circle.
Spoke about his history with the Ashby's as it pertains to Marvin's Garden.
Mayor Ford
Spoke to Commissioner Kelly's comments regarding NBE.
Did a presentation on pavers as detailed in a video and pictures (which are attached
hereto and made part of this Official Record as Attachment B). The video can be watch
through this link. He requested that the Commission consider making the change of 50%
pervious treatment of a pool to 75% in Chapter 24. There was a CONSENSUS to place
this on the next agenda along with the recommendations from CDB.
8-12-24 Attachment B
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
6.A. Award engineering services contract to Crawford, Murphy & Tilley for the project
scope listed in RFQ 2024-01.
MOTION: Approve consent agenda (item 6A) as read.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
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Agenda Item #1.A.
23 Sep 2024
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Regular City Commission
August 12, 2024
8.A. RESOLUTION NO. 24-42
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
POLICE DEPARTMENT TO PURCHASE ONE NEW PATROL VEHICLE AND
ONE NEW DETECTIVE VEHICLE AT A COMBINED PRICE OF $76,069
FROM ALAN JAY FLEET SALES; 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 as detailed in the agenda packet.
MOTION: Approve Resolution (No.) 24-42.
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 5 to 0.
8.B. RESOLUTION NO. 24-43
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING REGULATIONS FOR TENNIS PROFESSIONALS CONDUCTING
BUSINESS IN CITY PARKS; PROVIDING FOR AUTHORIZATION FOR THE
CITY MANAGER TO MODIFY THESE REGULATIONS; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
DCM Hogencamp explained the resolution as detailed in the agenda packet and
answered questions from the Commission.
MOTION: Adopt Resolution No. 24-43.
Motion: Michael Waters
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Michael Waters (Moved By) For
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August 12, 2024
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 31-24-18, 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 LOW (RL) TO LIGHT INDUSTRIAL (LI); PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
Ex parte Disclosure: Commissioner Waters met with Mr. Hagaman. Commissioner Ring
met with Mr. Hagaman and replied to an email from a resident who lives on Edgar Street.
Mayor Ford had direct communication with the property owner. Commissioners Kelly
and Bole indicated having no ex parte disclosure.
The public hearing was opened and there were no speakers.
PCDD Askew explained as detailed in a PowerPoint (which is attached hereto and made
part of this Official Record as Attachment C) and answered questions from the
Commission.
Andrew Hagaman, Applicant, presented as detailed in PCDD Askew's PowerPoint.
The Commission discussed this agenda item.
The public hearing was closed.
8-12-24 Attachment C
MOTION: Deny Ordinance No. 31-24-18.
Motion: Jessica Ring
Second: Candace Kelly
Commissioner Ring explained why she is not comfortable with approving this request.
Commissioner Kelly agreed with Commissioner Ring's comments.
Curtis Ford For
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Agenda Item #1.A.
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Regular City Commission
August 12, 2024
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
MOTION: Deny Ordinance No. 31-24-18 under Policy A.1.11.1 (f) Light Industrial part b.
The proposed commercial or industrial development shall not have adverse impacts to
surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of
the City and shall not impair or degrade scenic natural views.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9.B. ORDINANCE NO. 90-24-252, 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 LIGHT INDUSTRIAL AND WAREHOUSEING (LIW); PROVIDING
FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
PCDD Askew explained the ordinance.
The public hearing was opened.
Andrew Hagaman asked questions of the Commission. Mayor Ford expressed that the
CM and PCDD Askew would meet with him to answer his questions.
The public hearing was closed.
MOTION: Deny Ordinance No. 90-24-252.
Motion: Michael Waters
Second: Candace Kelly
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August 12, 2024
Curtis Ford For
Bruce Bole For
Michael Waters (Moved By) 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 Bole
Reported that he would inquire about electric bikes when he attends the FLC conference.
Explained his stance on Marvin's Garden.
Commissioner Ring
Reported that speed tables will be placed on Main Street on August 14, 2024 and that
the speed limit will also be lowered to 20 miles per hour.
Mayor Ford
Read an appreciation letter and thanked City Engineer Steve Swann for his work.
13. ADJOURNMENT
The meeting adjourned at 8:09 PM.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Draft Approved:________________
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Request is for a Future Land Use Map (FLUM)amendment to change the future land use mapdesignation of 0 Edgar Street (RE# 172268-0100) &1810 Park Street (RE# 172268-0000) FROMResidential Low Density (RL) TO Light Industrial(LI). Also, a request for a rezoning of 1810 Park Street(RE# 172268-0000) FROM Residential, General,Two-Family (RG) TO Light Industrial & Warehousing(LIW).COMP24‐0001 & REZN24‐0001 &1810 Park Street and 0 EdgarAttachment C to 8-12-24 MinutesPage 47 of 60
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Location MapAttachment C to 8-12-24 MinutesPage 48 of 60
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0 Edgar – vacant FLUM RL to LIZoned LIWLand locked no access to a street1810 Park St.. – vacant FLUM RL to LIZoning RG to LIWLocated at NWC of Park St. and Edgar.Attachment C to 8-12-24 MinutesPage 49 of 60
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RG= Residential, LOWCM= Commercial MediumLI= Light IndustrialFLUMMarsh Oaks Business DistrictAttachment C to 8-12-24 MinutesPage 52 of 60
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RG= Residential, General, Two‐FamilyCG= Commercial GeneralLIW= Light Industrial and WarehousingZoningAttachment C to 8-12-24 MinutesPage 53 of 60
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1810 Park St. –vacant FLUM RL to LIZoning RG to LIWLocated at NWC of Park St. and Edgar.Attachment C to 8-12-24 MinutesPage 54 of 60
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ANALYSIS & REVIEWPer Section 24-62(C)(2) of the Land Development Code, the Community DevelopmentBoard shall “indicate the relationship of the proposed rezoning to the ComprehensivePlan for the City and provide a finding that the requested change in zoning isconsistent with the Comprehensive Plan”.Policy A.1.5.6Commercial and light industrial development shall be located anddesigned so as to minimize adverse effects on residential areas, traffic facilities andaesthetic character of the City.Policy A.1.11.1 (f) Light Industrial – The Light Industrial category shall be limitedtolight manufacturing and production, storage, warehousing and distribution uses asfurther controlled by the Land Development Regulations. Light industrialusesmayhave outdoor storage and business related activity, but such uses shall not includeprocesses that create negative effects to surrounding properties due to noise, heat,fumes, debris, chemicals or hazardous materials.Attachment C to 8-12-24 MinutesPage 56 of 60
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Page 60 of 96
Policy A.1.11.1 (f) Light Industrial – The Light Industrial category shall belimited to light manufacturing and production, storage, warehousing anddistribution uses as further controlled by the Land Development Regulations.Light industrial uses may have outdoor storage and business related activity,but such uses shall not include processes that create negative effects tosurrounding properties due to noise, heat, fumes, debris, chemicals orhazardous materials.Further, in considering a FLUM amendment application, Policy A.1.3.1 of theComprehensive Plan states that the City shall find that each of the followingconditions are demonstrated by the applicant seeking said amendment.a) There are adequate public facilities available to the proposeddevelopment.b) The proposed commercial or industrial development shall not haveadverse impacts to surrounding neighborhoods, other properties, thenatural environment, the aesthetic qualities of the City and shall notimpair or degrade scenic natural views.c) There is a demonstrated deficiency of commercial or industrial landswithin the City to serve the needs of residents of the City for such uses.Attachment C to 8-12-24 MinutesPage 57 of 60
Agenda Item #1.A.23 Sep 2024
Page 61 of 96
Policy A.1.13.4 states that applications to amend the Comprehensive Planshall bereviewed and evaluated based upon the following factors:(a) Consistency with the Goals, Objectives and Policies of this Plan;(b) Consistency with the State Comprehensive Plan and the Northeast FloridaStrategic Regional Policy Plan;(c) Consistency with other adopted policies and plans of the City, the County, theState or other agencies having regulatory authority over the City;(d) The potential for adverse impacts to Environmentally Sensitive Areas,thenatural environment or the aesthetic quality of the City,(e) The potential to cause deficiencies in adopted levels of service or to adverselyimpact available water supplies, public facilities, infrastructure andservices.Attachment C to 8-12-24 MinutesPage 58 of 60
Agenda Item #1.A.23 Sep 2024
Page 62 of 96
CDB Recommendation CDB voted 6‐0 not to recommend approval of the comprehensive plan or rezoning request based on Comp Plan Policies.Expressed concerns that the industrial uses would b close to residential properties and have adverse impact to the surrounding neighborhood. Attachment C to 8-12-24 MinutesPage 59 of 60
Agenda Item #1.A.23 Sep 2024
Page 63 of 96
Grounds for Decision
FLUM REZONING
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.
The CDB has studied and
considered the need and
justification for the change.
Attachment C to
8-12-24 Minutes
Page 60 of 60Agenda Item #1.A.23 Sep 2024Page 64 of 96
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:90-Day Calendar for the City Commission
SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager
TODAY’S DATE:September 18,2024
MEETING DATE:September 23,2024
BACKGROUND:The rolling 90-day calendar is routinely revised based on input from City
staff and the Commission,and is included in each agenda for considerationby consensus.
Please note that the next Town Hall Meeting is scheduled for Saturday,October 19that 10 am.and will
be held at the Adele Grage Cultural Center.
0 The City of Atlantic Beach will hold a public meeting at 1:00 pm.on Saturday,September 28th
at the Gail Baker Center at Donner Park (2072 George Street).The purpose of the meeting is to
solicit public input related to our proposed upgrades to the baseball ?eld and the soccer/football
?eld area.
BUDGET:None
RECOMMENDATION:Accept the 90-Day Calendar for September-November2024 by consensus
ATTACHMENT(S):City Commission 90—DayCalendar (September-November 2024)
REVIEWED BY CITY MANAGER:
Agenda Item #3.A.
23 Sep 2024
Page 65 of 96
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Page 66 of 96
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Agenda Item #3.A.23 Sep 2024
Page 68 of 96
Agenda Item #6.A.
23 Sep 2024
Page 69 of 96
Agenda Item #6.A.
23 Sep 2024
Page 70 of 96
Agenda Item #8.A.
23 Sep 2024
Page 71 of 96
Agenda Item #8.A.
23 Sep 2024
Page 72 of 96
my
AGENDA ITEM:
SUBMITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND:
BUDGET IMPACT:
RECOMMENDATION:
ATTACHMENTS:
LINK:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Public hearing and adoption of Resolution No.24-46 levying the ad valorem
property tax millage rate for municipal purposes on all taxable property within the
City for the ?scal year beginning October 1,2024 and ending September 30,2025,
and stating the percentage by which the millage to be levied exceeds the rolled-
back rate;and public hearing and adoption of Ordinance 20-24-175 adopting the
?nal budget for the City of Atlantic Beach Florida for ?scal year beginning October
1,2024 and ending September 30,2025.
Brittany Pereell,Director of Finance
September 19,2024
September 23,2024
To adopt a millage rate and operating budget,the City Commission must adhere to
a strict process,per state law.Attached is an outline for the ?nal public hearing.
The format is the same as in previous years and was read into the record as
presented in order to assure compliance with TRIM laws (5.200.065,F.S.).
In advance of the public hearings,the City Manager presented a Proposed
Operating Budget and held four public workshops to review and adjust with the
City Commission’s guidance.
The ?rst public hearing was held on September 9,2024,in the Commission
Chamber,at 6:30 p.m.,as was noticed to all property owners by the Duval County
Property Appraiser’s Of?ce and published in The Beaches Leader.
This ?nal public hearing for the ?nal adoption of the millage by resolution and a
second public hearing for the ?nal adoption of the Operating Budget,Ordinance
No.20—24-175,on September 23,2024,at 6:30 p.m.,in the City Commission
Chamber.The Proposed Operating Budget is funded using the millage rate of
2.8410.This is a 8.76%increase over the rolled—backrate.
Proposed Fiscal Year 2024—25budget expenditures =$60,168,132
Approve Resolution No.24-46 and,on upon second reading,Ordinance No.20-
24—175amended to re?ect a budget of $58,680,384.
Ordinance No.20-24—175
Resolution No.24-46
Link to proposed annual operating budget book:
BY CITY MANAGER.
htt s://cit -at1antic-beach-?-
bud et—book.clear0V.com/1
Agenda Item #8.B.
23 Sep 2024
Page 73 of 96
Adoption of a Millage Rate of 2.8410
Open Public Hearing
State the following:
First item to be considered:
ADOPTION OF A MILLAGE AND OPERATING BUDGET
FOR FISCAL YEAR 2024-25
Here at the City of Atlantic Beach
The Rolled—BackRate Is 2.6121
The Millage Rate To be Levied Is 2.8410
The millage rate to be levied is 8.76%more than the rolled-back rate and is a percentage increase
in property taxes per sec.200.065(2)(c)Florida Statutes.
The purpose for adopting the millage rate of 2.8410 is to maintain a level of ad valorem tax
revenue suf?cient to maintain adequate funding for the existing level of services at anticipated
and proposed cost and to continue to maintain the City’s infrastructure.
Motion to adopt a Millage Rate for operating purposes of 2.8410
Vote
Close Public Hearing
Close Public Hearing
Second item to be considered:
Ordinance No.20-24-175 establishing the Operating Budget Fiscal Year 2024-25 of $60,168,132
Open Public Hearing
Motion to adopt Ordinance No.20-24-175 establishing the Operating Budget for ?scal year 2024—
Vote
Agenda Item #8.B.
23 Sep 2024
Page 74 of 96
RESOLUTION NO.24-46
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA LEVYING
THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1,2024,AND ENDING SEPTEMBER 30,
2025;STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE
LEVIED EXCEEDS THE ROLLED-BACK RATE;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Florida law requires the City Commission of the City of Atlantic Beach,Florida,to pass
a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property
within the city limits of the City of Atlantic Beach,Florida,for the ?scal year beginning October 1,2024 and
ending September 30,2025;and
WHEREAS,Florida law requires said resolution to state the millage rate to be levied,and also,to state
the percentage by which the millage rate to be levied exceeds the rolled-back rate as computed pursuant to
Florida law;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida,has duly considered the
budgetary requirements of the City;a tentative budget has been prepared for the ?scal year beginning October
1,2024 and ending September 30,2025,based on a millage rate of 2.8410 mills on taxable property within the
City;and has acted in accordance with the terms,provisions,and procedures contained in section 200.065,
FloridaStatutes;
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic Beach,
Florida,that
1.The ad valorem property tax millage rate for municipal purposes to be levied on the taxable
property within the city limits of the City of Atlantic Beach,Florida,during the ?scal year
beginning October 1,2024 and ending September 30,2025 is hereby set at the rate of 2.8410
mills.
2.The percentage by which this millage rate to be levied exceeds the rolled-back rate of 2.6121
is 8.76%.
3.This resolution shall take effect immediately upon its passage and adoption by the City
Commission of the City of Atlantic Beach,Florida.
ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach,Florida on the 23rdday
of September 2024.
Donna L.Bartle
City Clerk
Jason Gabriel
City Attorney
ATTEST:
Curtis Ford
Mayor
Approved as to form and correctness:
Agenda Item #8.B.
23 Sep 2024
Page 75 of 96
ORDINANCE 20-24—175
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1,2024,AND ENDING SEPTEMBER 30,2025.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida,on September
9,2024,held a public hearing as required by Florida Statutes Section 200.065;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida on September
23,2024,held a second public hearing as required by Florida Statutes Section 200.065;and
WHEREAS,The City Commission of the City of Atlantic Beach,Florida,set forth the
appropriations and revenue estimates for the budget for Fiscal Year beginning October 1,2024
and ending September 30,2025 in the amount of $60,168,632.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that:
1.The Fiscal Year 2024—25budget dated September 23,2024,is hereby adopted.
2.This Ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Commission on second and ?nal reading following
the second public hearing the 23th day of September,2024.
Approved as to form and correctness:
Jason Gabriel
City Attorney
Curtis Ford
Mayor
Donna L.Battle
City Clerk
ATTEST'
Agenda Item #8.B.
23 Sep 2024
Page 76 of 96
my
AGENDA ITEM:
SUBMITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND:
BUDGET IMPACT:
RECOMMENDATION:
ATTACHMENTS:
LINK:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Public hearing and adoption of Resolution No.24-46 levying the ad valorem
property tax millage rate for municipal purposes on all taxable property within the
City for the ?scal year beginning October 1,2024 and ending September 30,2025,
and stating the percentage by which the millage to be levied exceeds the rolled-
back rate;and public hearing and adoption of Ordinance 20-24-175 adopting the
?nal budget for the City of Atlantic Beach Florida for ?scal year beginning October
1,2024 and ending September 30,2025.
Brittany Pereell,Director of Finance
September 19,2024
September 23,2024
To adopt a millage rate and operating budget,the City Commission must adhere to
a strict process,per state law.Attached is an outline for the ?nal public hearing.
The format is the same as in previous years and was read into the record as
presented in order to assure compliance with TRIM laws (5.200.065,F.S.).
In advance of the public hearings,the City Manager presented a Proposed
Operating Budget and held four public workshops to review and adjust with the
City Commission’s guidance.
The ?rst public hearing was held on September 9,2024,in the Commission
Chamber,at 6:30 p.m.,as was noticed to all property owners by the Duval County
Property Appraiser’s Of?ce and published in The Beaches Leader.
This ?nal public hearing for the ?nal adoption of the millage by resolution and a
second public hearing for the ?nal adoption of the Operating Budget,Ordinance
No.20—24-175,on September 23,2024,at 6:30 p.m.,in the City Commission
Chamber.The Proposed Operating Budget is funded using the millage rate of
2.8410.This is a 8.76%increase over the rolled—backrate.
Proposed Fiscal Year 2024—25budget expenditures =$60,168,132
Approve Resolution No.24-46 and,on upon second reading,Ordinance No.20-
24—175amended to re?ect a budget of $58,680,384.
Ordinance No.20-24—175
Resolution No.24-46
Link to proposed annual operating budget book:
BY CITY MANAGER.
htt s://cit -at1antic-beach-?-
bud et—book.clear0V.com/1
Agenda Item #9.A.
23 Sep 2024
Page 77 of 96
Adoption of a Millage Rate of 2.8410
Open Public Hearing
State the following:
First item to be considered:
ADOPTION OF A MILLAGE AND OPERATING BUDGET
FOR FISCAL YEAR 2024-25
Here at the City of Atlantic Beach
The Rolled—BackRate Is 2.6121
The Millage Rate To be Levied Is 2.8410
The millage rate to be levied is 8.76%more than the rolled-back rate and is a percentage increase
in property taxes per sec.200.065(2)(c)Florida Statutes.
The purpose for adopting the millage rate of 2.8410 is to maintain a level of ad valorem tax
revenue suf?cient to maintain adequate funding for the existing level of services at anticipated
and proposed cost and to continue to maintain the City’s infrastructure.
Motion to adopt a Millage Rate for operating purposes of 2.8410
Vote
Close Public Hearing
Close Public Hearing
Second item to be considered:
Ordinance No.20-24-175 establishing the Operating Budget Fiscal Year 2024-25 of $60,168,132
Open Public Hearing
Motion to adopt Ordinance No.20-24-175 establishing the Operating Budget for ?scal year 2024—
Vote
Agenda Item #9.A.
23 Sep 2024
Page 78 of 96
RESOLUTION NO.24-46
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA LEVYING
THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1,2024,AND ENDING SEPTEMBER 30,
2025;STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE
LEVIED EXCEEDS THE ROLLED-BACK RATE;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Florida law requires the City Commission of the City of Atlantic Beach,Florida,to pass
a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property
within the city limits of the City of Atlantic Beach,Florida,for the ?scal year beginning October 1,2024 and
ending September 30,2025;and
WHEREAS,Florida law requires said resolution to state the millage rate to be levied,and also,to state
the percentage by which the millage rate to be levied exceeds the rolled-back rate as computed pursuant to
Florida law;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida,has duly considered the
budgetary requirements of the City;a tentative budget has been prepared for the ?scal year beginning October
1,2024 and ending September 30,2025,based on a millage rate of 2.8410 mills on taxable property within the
City;and has acted in accordance with the terms,provisions,and procedures contained in section 200.065,
FloridaStatutes;
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic Beach,
Florida,that
1.The ad valorem property tax millage rate for municipal purposes to be levied on the taxable
property within the city limits of the City of Atlantic Beach,Florida,during the ?scal year
beginning October 1,2024 and ending September 30,2025 is hereby set at the rate of 2.8410
mills.
2.The percentage by which this millage rate to be levied exceeds the rolled-back rate of 2.6121
is 8.76%.
3.This resolution shall take effect immediately upon its passage and adoption by the City
Commission of the City of Atlantic Beach,Florida.
ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach,Florida on the 23rdday
of September 2024.
Donna L.Bartle
City Clerk
Jason Gabriel
City Attorney
ATTEST:
Curtis Ford
Mayor
Approved as to form and correctness:
Agenda Item #9.A.
23 Sep 2024
Page 79 of 96
ORDINANCE 20-24—175
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1,2024,AND ENDING SEPTEMBER 30,2025.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida,on September
9,2024,held a public hearing as required by Florida Statutes Section 200.065;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida on September
23,2024,held a second public hearing as required by Florida Statutes Section 200.065;and
WHEREAS,The City Commission of the City of Atlantic Beach,Florida,set forth the
appropriations and revenue estimates for the budget for Fiscal Year beginning October 1,2024
and ending September 30,2025 in the amount of $60,168,632.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that:
1.The Fiscal Year 2024—25budget dated September 23,2024,is hereby adopted.
2.This Ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Commission on second and ?nal reading following
the second public hearing the 23th day of September,2024.
Approved as to form and correctness:
Jason Gabriel
City Attorney
Curtis Ford
Mayor
Donna L.Battle
City Clerk
ATTEST'
Agenda Item #9.A.
23 Sep 2024
Page 80 of 96
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance No.55-24-39 sanitation fee increase
SUBMITTED BY:Brittany Percell,Director of Finance
TODAY’S DATE:September 18,2024
MEETING DATE:September 23,2024
BACKGROUND:In June 2021,the City of Atlantic Beach entered into an agreement with
GFL Environmental (GFL)effective Aug.1,2021,to provide solid waste collection and disposal
services for its residents and commercial customers.The agreement stipulated how and when GFL
could adjust the rates it charges the City to provide the services.The rates are broken down into
collection,fuel and disposal components.The two components that are subject to periodic
adjustments are the ?le]and collection components.
The City was noti?ed on May 16,2024,of a CPI increase of 3.7%for the collection component,to
take effect on October 1,2024,raising the overall rate GFL charges the City by 3.7%.
The City deems it necessary to annually increase rates corresponding to the City’s sanitation
collection provider rate increase,to stabilize the sanitation program’s operations while maintaining
and utilizing a suf?cient sanitation fund reserve.
The City currently charges a monthly residential collection rate of $21.02.For ?scal year 2024-2025
the City must increase the monthly residential collection rate from $21.02 to $21.80 —a 3 .7%increase.
Amendment to Commercial (curbside,all residential services).During first reading of ordinance
amount shown was twenty-one dollars and eighty cents ($21.80).This was incorrect,as the current
rate is twenty-three dollars and nineteen cents ($23.19).The amount should have been twenty-four
dollars and four cents ($24.04),3.7%more than the current rate.
BUDGET:A 3.7%increase in garbage service charge
RECOMMENDATION:Commission review and vote on Ordinance No.55-24-39 as amended.
ATTACHMENT(S):Ordinance No.55-24-39
GFL correspondence to the City of Atlantic Beach
REVIEWED BY CITY MANAGER:
Agenda Item #9.B.
23 Sep 2024
Page 81 of 96
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ORDINANCE NO.55-24-39
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
INCREASING MONTHLY SANITATION RATES BY 3.7%AND ANNUALLY
THEREAFTER BY THE CONSUMER PRICE INDEX (CPI)COLLECTION
ADJUSTMENT BY AMENDING CHAPTER 16,SOLID WASTE AND
RECYCLING,ARTICLE I,SOLID WASTE DEFINITIONS AND PROCEDURES,
SECTION 16-10 FEES FOR COLLECTION;PROVIDING FOR INTENT;
PROVIDING FOR ADOPTION OF THE NEW RATES;PROVIDING FOR
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City bases its sanitation rates on recovering the cost of providing service and
maintaining and utilizing a sanitation enterprise fund reserve (fund balance);and
WHEREAS,pursuant to the City’s Solid Waste Agreement with Green for Life (GFL)
Environmental,the fees or compensation payable to the Contractor (GFL)may be adjusted upward
annually by an appropriate Consumer Price Index (CPI)Collection Adjustment;and
WHEREAS,Green for Life (GFL)Environmental has noti?ed the City that it will increase the
monthly collection component rate effective October 1,2024,as a result of the consumer price index (CPI)
adjustment,resulting in a 3.7%overall rate increase to the City;and
WHEREAS,the monthly residential sanitation rate GFL will charge the City effective October 1,
2024,will be $19.82;and
WHEREAS,the City deems it necessary to annually increase rates corresponding to the City’s
sanitation collection provider rate increase to enable it to stabilize the sanitation program’s operations
while maintaining and utilizing a suf?cient sanitation fund reserve;and
WHEREAS,as such,the City deems it necessary to increase the monthly residential sanitation
removal rate to $21.80,a 3.7%increase over the current monthly residential sanitation removal rate of
$21.02;and
WHEREAS,the City further deems it necessary to correspondingly increase monthly commercial
sanitation removal rates as delineated in Section 2 of this Ordinance;and
WHEREAS,miscellaneous monthly commercial removal rates not delineated in Section 2 will
remain as established in the June 30,2021 ,solid waste agreement between the City of Atlantic Beach and
GFL Environmental.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Intent.
Page 1 of 4OrdinanceNo.55-24-39
Agenda Item #9.B.
23 Sep 2024
Page 82 of 96
a
“h
u
dollars and twenty-three cents ($8.23)
It is the intent of the City of Atlantic Beach,Florida to annually adjust monthly fees for sanitation services
by the appropriate Consumer Price Index (CPI)Collection Adjustment received from GFL Environmental.
SECTION 2.Section 16-10,Article 1,Chapter 16 of the City’s Code of Ordinances shall be amended in
its entirety as follows:
All residents,occupants and owners of premises in the city shall have accumulations of solid waste
removed and disposed of by the contractor,and for the service of solid waste removal shall pay the city
the sums as promulgated by ordinance shown below for each type of service.
(1)Residential.Monthly payments shall be computed by multiplying the initial number of residential
units in the service area times
per household for garbage,recycling,and yard waste.
a.Any person requesting an additional garbage pick-up each week shall be charged an
additional fee of
per month.The day of the additional pick-up shall be set by the contractor,
and a subscription agreement shall be signed with the city which shall require a minimum
of one (1)year of the additional fee.
b.Any person requesting an additional garbage toter (or required to have an additional
garbage toter due to volume of excess trash produced)for their household shall be charged
an additional fee of
per month and a subscription agreement shall be signed with the city which
shall require a minimum of one (1)year of the additional fee.
(2)Multifamily residential (curbside,all residential services):Monthly payments shall be computed
by multiplying the initial number of residential units in the service area times
per household for garbage,
recycling and yard waste.
(3)Multifamily (containers emptied by mechanical means):Monthly payments shall be computed by
multiplying the total monthly yardage based on container size by the rate of
per cubic yard.For users of two (2)cubic
yard containers,monthly payments shall be computed by multiplying the total monthly
commercial yardage collected by the rate of
per cubic yard for containerized garbage.
(4)Commercial (curbside,all residential services):Monthly payments shall be computed by
multiplying the number of business units in the service area times
per business for garbage,yard waste and
recycling.
(5)Commercial (curbside,garbage only,twice a week collection):Monthly payments shall be
computed by multiplying the number of commercial toters times
for garbage.
Page 2 of 4OrdinanceNo.55-24-39
($247929 twenty-four dollars and four cents ($24.04)
Wtwenty-one dollars and eighty cents ($21.80)
taa—de?ars—mad—ferWe—eents—W}ten dollars and eighty-four
cents ($10.84)
twenty—one dollars and eighty cents ($21.80)
M6760)six dollars and eighty-four cents ($6.84)
WWW twenty-one dollars and
eighty cents ($21.80)
twenty-one dollars and eighty
($21.80)CCI’
Agenda Item #9.B.
23 Sep 2024
Page 83 of 96
6%636769)seven dollars and ?ve ($7.05)
twenty dollars and zero cents ($20.00)
(6)Commercial (containers emptied by mechanical means):Monthly payments shall be computed by
multiplying the total monthly commercial yardage collected by the rate of
per cubic yard for containerized garbage based
on container size.For users of two (2)cubic yard containers,monthly payments shall be computed
by multiplying the total monthly commercial yardage collected by the rate of
per cubic yard for
containerized garbage.
(7)Commercial (roll-o?’containers):Monthly payments shall be computed by multiplying the total
number of roll-off pulls by
per yard (based on container size other than C&D containers).For roll-off
compactors,monthly payments shall be computed by multiplying the total number of roll-off pulls
by per yard
multiplied by container size.
(8)VIP compactors (FEL):Monthly payments shall be computed by multiplying the total monthly
commercial yardage collected based on container size by the rate of
per cubic yard for compacted
containerized waste.
(9)Special pickups including extra service,excess yard waste and commercial bulk pickups:Special
pickups shall be billed at the rate listed in the schedule of standard charges approved by the city
commission.
(10)[Standardized billing.]For billing standardization purposes,monthly payments will be
calculated assuming four and thirty-three hundredths (4.33)weeks per month.
SECTION 2.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of this
Ordinance to be unlaw?il,illegal or unenforceable,the offending provision shall be deemed severable and
removed from the remaining provisions of this Ordinance which shall remain in full force and intact.
SECTION 3.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this 9th day of September,2024.
PASSED by the City Commission on second and ?nal reading this 23thday of September,2024
Page 3 of 4OrdinanceNo.55-24-39
amet—yhfeur—ee?-ts—W eight dollars and twenty-three cents ($8.23)
t-hEt-yuei-ght—de?afs—a?d—eleven—eenm—Wthirty-nine dollars and
?fty-two cents ($39.52)
twenty dollars and ?fty-three cents ($20.53)
cents
Agenda Item #9.B.
23 Sep 2024
Page 84 of 96
Attest:
Donna L.Battle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
Page 4 of 4OrdinanceNo.55-24—
Jason Gabriel,City Attorney
Agenda Item #9.B.
23 Sep 2024
Page 85 of 96
Page 86 of 96
\M?h
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance No.80-24-89 changing the stormwater utility rate
SUBMITTED BY:Brittany Percell,Director of Finance
TODAY’S DATE:September 11,2024
MEETING DATE:September 23,2024
BACKGROUND:During budget workshops pertaining to the Fiscal Year 2024-25 Proposed
Operating Budget,a consensus of City Commission members concluded that the City should
increase the residential stormwater utility fee from $8.39 per month to $10.81 per equivalent
residential unit (ERU)per month and annually by Consumer Price Index (CPI)prospectively.
Increasing the stormwater utility fee lessens the dependence on other revenue sources,including
the General Fund,is a more appropriate way of funding stormwater management maintenance
and projects.The $2.42 per month increase is proposed to help fund ongoing operations and
existing debt service for the utility.
Also discussed was that this increase is needed to ful?ll the City’s long-term goal of funding all
operations of the utility with its own fees.
The stormwater utility fee was last increased from $6.89 to $8.39 in September 2012.
BUDGET:The estimated budget impact on stormwater utility revenues resulting from
the proposed rate increase of $2.42 per ERU per month is a revenue
increase of $267,600.
RECOMMENDATION:Approve Ordinance No.80-24—89
ATTACHMENT:Ordinance No.80-24-89
REVIEWED BY CITY MANAGER:
Agenda Item #9.C.
23 Sep 2024
Page 87 of 96
ORDINANCE NO.80-24-89
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA INCREASING THE MONTHLY STORMWATER
UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES,
ARTICLE IV,STORM WATER MANAGEMENT,DIVISION 2
RATES AND CHARGES,SECTION 22-335 FEES;PROVIDING
FOR INTENT;PROVIDING FOR THE ADOPTION OF A NEW
RATE;PROVIDING FOR SEVERABILITY;AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,the City has determined that it is necessary increase the stormwater utility
fee for the purpose of generating suf?cient revenues to fund current operating costs and to lessen
the dependence on transfers from other funds,and;
WHEREAS,the Fiscal Year 2024-25 stormwater budget has been created to include an
additional $2.42 per equivalent residential unit;and
WHEREAS,it is the City’s long-term goal to entirely fund stormwater utility costs
through user fees.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that:
SECTION I.Intent
It is the intentof the City of Atlantic Beach,Florida to raise the monthly fee for stormwater
utility services from $8.39 to $10.81 per equivalent residential unit (ERU)per month and
annually by Consumer Price Index (CPI)prospectively.
SECTION 2.Section 22-335 Fees;is amended as follows:
Gems—$839)ten dollars and eighty one cents ($10.81)
SECTION 3.Severability
If any section,sentence,clause,or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4.Effective Date
This Ordinance shall take effect upon its ?nal passage and adoption.
ORDINANCE NO 80-24-89
(a)ERU rate The fee per ERU billing unit shall be
per month.
Page 1 of 2
Sec 22-335.Fees
Agenda Item #9.C.
23 Sep 2024
Page 88 of 96
Passed by the City Commission on ?rst reading this 9thday of September,2024.
Passed by the City Commission on ?rst reading this 23rdday of September,2024.
Donna L.Bartle,City Clerk
Approved as to form and correctness:
ORDINANCE NO.80—24—
Page 2 of 2
Jason Gabriel,City Attorney
CITY OF ATLANTIC BEACH
Curtis Ford,Mayor
Attest
Agenda Item #9.C.
23 Sep 2024
Page 89 of 96
Page 90 of 96
M
m
1‘
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM:Public hearing on updates to Chapter 24,Land Development Regulations and
adopting Ordinance No.90-24-253
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF
DUVAL,STATE OF FLORIDA,ADOPTING A FULLY REVISED
CHAPTER 24,LAND DEVELOPMENT REGULATIONS,OF THE
ATLANTIC BEACH CODE OF ORDINANCES,AS SET FORTH
WITHIN ATTACHED EXHIBIT A,WHICH GENERALLY AND
SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF
LAND AND WATERS WITHJN THE CITY OF ATLANTIC BEACH,
FLORIDA;REPEALING THE ENTIRETY OF THE CURRENT
CHAPTER 24,ADOPTED BY ORDINANCE NUMBER 90-19-240 AS
AMENDED TO DATE;SAID NEWLY ADOPTED CHAPTER 24
CONTAINING SIX ARTICLES:ARTICLE I —IN GENERAL,
PROVIDING FOR ADOPTION AND AUTHORITY,PROVIDING FOR
PURPOSE AND INTENT,PROVIDING FOR JURISDICTION,
PROVIDING FOR AMENDMENTS,PROVIDING FOR LEGAL STATUS
AND CONSISTENCY WITH THE COMPREHENSIVE PLAN;ARTICLE
II.—LANGUAGE AND DEFINITIONS,PROVIDING FOR
CONSTRUCTION OF LANGUAGE,PROVIDING FOR DEFINITIONS,
PROVIDING FOR ACRONYMS;ARTICLE III.—ZONING
REGULATIONS;PROVIDING FOR ARTICLE IV.—SUBDIVISION AND
SITE IMPROVEMENT REGULATIONS;ARTICLE V.—
ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS;
AND ARTICLE VI.—CONCURRENCY MANAGEMENT SYSTEM;
PROVIDING FOR FINDINGS OF FACT,FOR CODIFICATION,FOR
APPLICABILITY,FOR CONFLICT,FOR SEVERABILITY,AND FOR
AN EFFECTIVE DATE.
SUBMITTED BY:Amanda Askew,Director of Planning,Community Development and Building
TODAY’S DATE September 19,2024
MEETING DATE:September 23,2024
SUMMARY:Staff has been working on updates to Chapter 24 Land Development Regulations
(LDR)since 2022.The updates started because of changes necessary to align with updates Florida State Statute
and staff took this opportunity to review the chanter in its entirety.
The process for revising the LDR involved extensive Staff and community input which including the following:
0 Audit of existing codes and regulations
0 A total of 14 workshops public meeting (Citizens,Staff,Community Development Board,City
Commission)
0 Review of proposed draft by staff
0 Public website with an inventory of meeting presentations and videos
Agenda Item #9.D.
23 Sep 2024
Page 91 of 96
J/Bg?pj;
Most all the articles within Chapter 24 are updated to some extent.Some changes are very minor clari?cations
(i.e.relocation of text requiring new sections numbers)and some are major changes.Some of the major
updates include:
Additions and clari?cation to 24-17 De?nitions
Removing the requirement to provide mailed notice to all property owners if a change is made to
Chapter 24 (does not apply to variances,rezoning,waivers,etc.)
Add a required recommendation by Community Development Board for waivers prior to Commission
decision
Removal of minimum living area requirements
Changes to the design criteria for townhomes
Changes to Section 24-68 (Stormwater,drainage,storage and treatment)~now Section 24-89
Changes to side yard setbacks for additions to duplexes and townhomes (allow 0’lot line for additions
to the rear of existing duplex/townhome)
Changes to the min.lot area the Comprehensive plan (only in RG,RG-M,districts)
Removed the lot coverage grandfathering clause for new development and major remodels
Changes to Commercial zoning districts to allow buildings to be closer to the street
Expanding the Commercial design standards
Limiting Commercial driveways access points
The LDR update draft was presented to the Community Development Board at their April and May 2024
meetings.All their recommendations were incorporated in the code update except for changes to the on—
sitestormwatersection(was Section 24-68 now 24-89).They are meeting on September 17thfor the ?nal vote to on
their on-site stormwater recommendations and the entirely of Chapter 24.
The on-site stormwater section in this proposed redline version is what Commission discussed during the most
recent Commission discussion.However,a consensus was not reached.
RECOMMENDATION:To approve Ordinance No.90-24-253 on the First Reading
ATTACHMENTS:Ordinance No.90—24—253
Community Development Board recommendations from the 09.17.24 meeting
LINKS:Redline version of Chapter 24 updates (Exhibit A)
Redline version of Chapter 24 updates with editorial comments
Draft recommendation from C mmunity Development Board for on-site
stormwater (was Section 24—2 -
REVIEWED BY CITY MANAGER:
Agenda Item #9.D.
23 Sep 2024
Page 92 of 96
City of Atlantic Beach
Planning,Community
Development &Building
800 Seminole Road
Atlantic Beach,FL 32233
To:BillKillingsworth,City Manager
From:Amanda Askew,Director of Planning and Community Development
Cc:Kevin Hogencamp,Deputy City Manager
Community Development Board (CDB)
Date:September 18,2024
Re:Community Development Board (CDB)recommendations for Chapter 24 (Land
Development Regulations).
On September 18,2024,the Community Development Board (CDB)finalized their
discussion of Chapter 24.They recommended approval of Chapter 24 with the
following conditions:
1 Remove/delete Section 24—68(b)(1),(2)and (3)in its entirety.This removes the
trigger that required stormwater improvements that exceed 50%of the market
value,the trigger based on square footage and the one-time exemption.
2.The board recommended approval of the de?nition of arti?cial turf and
permeable/pervious pavers but expressed concerns over the associated figures
which illustrated the required subbases.The motion was “approval and have
staff come up with the installation of standards.”
3.In Section 24-171 maintain the word corridor in commercial corridor development
standards as well as maintaining the definition of commercial corridor.
4.Change the de?nition of impervious area back to its original de?nition (pools
would be considered 50%permeable).
Agenda Item #9.D.
23 Sep 2024
Page 93 of 96
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ORDINANCE NO.90-24-253
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,
STATE OF FLORIDA,ADOPTING A FULLY REVISED CHAPTER 24,LAND
DEVELOPMENT REGULATIONS,OF THE ATLANTIC BEACH CODE OF
ORDINANCES,AS SET FORTH WITHIN ATTACHED EXHIBIT A,WHICH
GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT
OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH,FLORIDA;
REPEALING THE ENTIRETY OF THE CURRENT CHAPTER 24,ADOPTED BY
ORDINANCE NUMBER 90-19-240 AS AMENDED TO DATE;SAID NEWLY
ADOPTED CHAPTER 24 CONTAINING SIX ARTICLES:ARTICLE I —IN
GENERAL,PROVIDING FOR ADOPTION AND AUTHORITY,PROVIDING FOR
PURPOSE AND INTENT,PROVIDING FOR JURISDICTION,PROVIDING FOR
AMENDMENTS,PROVIDING FOR LEGAL STATUS AND CONSISTENCY WITH
THE COMPREHENSIVE PLAN;ARTICLE II.—LANGUAGE AND DEFINITIONS,
PROVIDING FOR CONSTRUCTION OF LANGUAGE,PROVIDING FOR
DEFINITIONS,PROVIDING FOR ACRONYMS;ARTICLE HI.—ZONING
REGULATIONS;PROVIDING FOR ARTICLE IV.—SUBDIVISION AND SITE
IMPROVEMENT REGULATIONS;ARTICLE V.—ENVIRONMENTAL AND
NATURAL RESOURCE REGULATIONS;AND ARTICLE VI.—CONCURRENCY
MANAGEMENT SYSTEM;PROVIDING FOR FINDINGS OF FACT,FOR
CODIFICATION,FOR APPLICABILITY,FOR CONFLICT,FOR SEVERABILITY,
AND FOR AN EFFECTIVE DATE.
WHEREAS,on July 8,2019 the City Commission of the City of Atlantic Beach enacted
Ordinance No.90-19-240 amending and restating the City of Atlantic Beach Land Development
Regulations,Chapter 24 of the City’s Code of Ordinances,which has been subsequently amended;and
WHEREAS,the City of Atlantic Beach recognizes that said Chapter 24,Land Development
Regulations,requires comprehensive revisions periodically to meet the community’s needs to update
content,standards,and administrative guidance;and
WHEREAS,the City of Atlantic Beach desires to have Land Development Regulations that are
clear,concise,and streamlined;and
WHEREAS,Section 163.3174(l),Florida Statutes,requires that the governing body of each local
government in Florida shall designate and by ordinance establish a “local planning agency;”and
WHEREAS,the City of Atlantic Beach Community Development Board has been duly designated
as the Local Planning Agency of the City;and
WHEREAS,Section 163.31 74(4)(c),Florida Statutes,provides that the land planning agency shall
review all proposed text amendments to land development regulations and make recommendations to the
governing body as to the consistency of the proposed revisions with the adopted comprehensive plan;and
WHEREAS,the Community Development Board acting in its capacity as Local Planning Agency,
held a duly advertised public hearing on April 22nd,May 21Stand September 17th,to receive public
comments on the proposed update and revisions to Chapter 24,Land Development Regulations and,?nding
the proposed update and revisions to said Chapter 24 consistent with the City’s adopted 2030
Agenda Item #9.D.
23 Sep 2024
Page 94 of 96
Comprehensive Plan,voted to recommend adoption of said update and revisions to Chapter 24,Land
Development Regulations;and
WHEREAS,after due notice and publication,the City Commission held two (2)public hearings
to receive public comments and receive the recommendation of the Community Development Board;and
WHEREAS,the City Commission has found and determined that the proposed update and
revisions to Chapter 24,Land Development Regulations will foster and preserve the public health,safety
and welfare and aid in the harmonious,orderly and progress development of the City of Atlantic Beach and
thus will serve a valid public purpose.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Pu ose and Intent.This Ordinance is enacted to carry out the purpose and intent of,
and exercise the authority set out in,the Community Flaming Act,as codi?ed in the applicable portions of
Chapter 163,Part H,Florida Statutes.
SECTION 2.Findin s.The City Commission hereby ?nds and determines that:
(a)The ?ndings set forth in the recitals to this Ordinance are true and correct.
(b)The Community Development Board,acting in its capacity as the Local Planning Agency for
the City held a public hearing on April 22“,Mary 7thand September 17‘“,to consider the
proposed update and revisions tO Chapter 24,Land Development Regulations of the City’s
Code of Ordinances,and found them to be consistent with the Comprehensive Plan,and
recommended that the City Commission adopt said update and revisions to Chapter 24,Land
Development Regulations.
(0)The update and revisions to Chapter 24,Land Development Regulations,of the City’s Code of
Ordinances,as speci?cally set forth in Exhibit A,attached hereto and made a part hereof (the
“Land Development Regulations Update”)are consistent with the City’s adopted 2030
Comprehensive Plan.
SECTION 3.Re eal of Current Cha ter 24 and Ado tion of the Land Develo ment Re ulations
Update.Chapter 24,Land Development Regulations,of the Code of Ordinances,adopted pursuant to
Ordinance 90-19-240,as amended to date,is hereby repealed in its entirety and the City of Atlantic Beach
Land Development Regulations Update attached to this Ordinance and incorporated herein by reference as
“Exhibit A”is hereby adopted as a fully revised Chapter 24 to the City’s Code of Ordinances and consists
of the following six articles with new text indicated by underline and deleted text indicated by strikethreugh.
(a)ARTICLE I.—IN GENERAL;
(b)ARTICLE 11.—LANGUAGE AND DEFINITIONS;
(6)ARTICLE 111.—ZONING REGULATIONS;
((1)ARTICLE IV.—SUBDIVISION AND SITE IMPROVEMENT REGULATIONS;
(e)ARTICLE V.—ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS;and
(t)ARTICLE VI.—CONCURRENCY MANAGEMENT SYSTEM.
SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are
repealed to the extent inconsistent herewith.
Agenda Item #9.D.
23 Sep 2024
Page 95 of 96
SECTION 5.Codi?cation and Scrivener’s Errors.The publisher of the City of Atlantic Beach’s
Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporate the Land
Development Regulations Update as Chapter 24 into the City’s Code of Ordinances.Sections of the Land
Development Regulations Update may be renumbered or re-lettered and scrivener’s errors,formatting and
typographical errors and other minor,inadvertent graphical errors in Chapter 24 which do not affect the
intent may be authorized by the City Manager and City Attorney without the need of public hearing,by
?ling a corrected or re-codi?ed copy of same with the City Clerk.
SECTION 6.Applicability.The provisions of the Land Development Regulations Update set forth
in Exhibit A hereto shall apply to all applications,decisions or controversies pending before the City of
Atlantic Beach upon the effective date hereof or ?led or initiated thereafter,provided that certain
development,land use or construction,if quali?ed,may have vested rights to continue or be completed
under the terms of the repealed ordinances or provisions therein.
SECTION 7.Severabilit .If any section,sentence,clause,or other provision of this Ordinance,
or any provision of the Land Development Regulations Update shall be held to be invalid or
unconstitutionalby a court of competent jurisdiction,such portion shall be deemed a separate,distinct and
independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to
render invalid or unconstitutional the remaining sections,sentences,clauses,or provisions of this
Ordinance,or of the Land Development Regulations Update.
SECTION 8.Effective Date.This Ordinance shall take effect upon ?nal review and approval.
PASSED on ?rst reading and following a public hearing on September 23,2024.
PASSED AND DULY ADOPTED on ?nal reading and following a public hearing on
,2024.
Approved as to form and correctness:
Jason Gabriel,City Attorney
CITY OF ATLANTIC BEACH
Curtis Ford,Mayor
Donna L.Bartle,City Clerk
Attest:
Agenda Item #9.D.
23 Sep 2024
Page 96 of 96