01-25-25 Regular City Commission Final AgendaCity of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, January 27, 2025 - 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 January 13, 2025. 5 - 13
1-13-25 Regular City Commission Draft Minutes
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A. Fiscal Year 2022-23 Financial Statement and Independent Auditor's Report.
Link to FY 22-23 Auditors Report
3.B. Accept the 90 -Day Calendar (Jan. - Mar. 2025) 15 - 18
90 -Day Calendar (Jan. - Mar. 2025)
3.C. Consideration of legislation regarding the conduct of business activities in parks 19 - 22
and facilities.
Conduct of Business Activities
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. Authorize the City Manager to sign the Third Amendment to Radio Services 23 - 27
Page 1 of 79
Regular City Commission - 27 Jan 2025
Agreement between the City of Atlantic Beach and the City of Jacksonville.
Radio Service Agreement
6.B. Approve Resolution No. 25-09. 29 - 30
Resolution No. 25-09
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 5-25-69, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
SECTION 2-16 OF THE CITY CODE TO CHANGE THE REGULAR MEETING TIME OF
THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. 5-25-69
9.B. ORDINANCE NO. 5-25-70, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 2 — SPECIAL
MAGISTRATE, SECTION 2-143, SPECIAL MAGISTRATE APPOINTMENT;
QUALIFICATIONS; TERM, AND SECTION 2-144 SPECIAL MAGISTRATE
COMPENSATION OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES;
PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE
AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 5-25-70
9.C. ORDINANCE NO. 20-25-177, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND
ENDING SEPTEMBER 30, 2024 FOR APPROPRIATING ADDITIONAL FUNDS TO THE
POLICE PENSION FUND; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 20-25-177
31-32
33 - 36
37-39
10. MISCELLANEOUS BUSINESS
10.A. Public Hearing - APP 25-0001 - Appeal of the Community Development Board
(CDB) - Decision for ZVAR 24-0005 (223 Ocean Boulevard)
Request for a variance to add a new second story over the footprint of existing
nonconforming first story detached garage at 223 Ocean Boulevard.
10.A1. Disclosure of Ex Parte Communications, if any
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Regular City Commission - 27 Jan 2025
10.A2. City Attorney Procedural Reminders 41 - 44
Appeal Procedures
10.A3. Swearing in of all persons who will speak
10.A4.
City Staff Overview
APP25-0001
10.A5. Applicant Presentation
10.A6. Public Comments
10.A7. Closing Comments/Rebuttal
10.A8. Commission Deliberation and Action
45 - 79
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.
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.
Page 3 of 79
Page 4 of 79
Agenda Item #1.A.
27 Jan 2025
MINUTES
Regular City Commission Meeting
Monday, January 13, 2025 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Thomas Grant, Commissioner - Seat 3
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)
Donna Bartle, City Clerk (CC)
Michelle Weippert, Records Management Specialist (RMS)
Victor Gualillo, Police Chief (PC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission Meetings held on November 25, 2024
and December 9, 2024.
The Commission approved the minutes as submitted.
1B. Approve minutes of the December 9, 2024 Commission Workshop.
The Commission approved the minutes as submitted.
2. COURTESY OF FLOOR TO VISITORS
2.A. Wreaths Across America Presentation
Leslie May, Regent of the Jean Ribault Chapter, Daughters of the American Revolution
gave a brief speech and presented awards to the City staff and Commissioners who
participated.
Regular City Commission
January 13, 2025
Page 1 of 9
Page 5 of 79
Agenda Item #1.A.
27 Jan 2025
PUBLIC COMMENT
The following speakers provided their comments to the public:
Penny Rauckis
Amanda Napolitano
David Bew
3. CITY MANAGER REPORTS
3.D. Additional Update
CM Killingsworth reported on future street closures due to the DONNA Marathon
Weekend.
3.A. Accept the 90 -Day Calendar (Jan. - Mar. 2025)
There was a CONSENSUS to accept the 90 -Day Calendar.
3.B. JEA Arborist
Joe Anderson Utility Forester, reported on future line clearance in AB and answered
questions from the Commission.
3.C. E -Bike Presentation
PC Gualillo presented as detailed in the agenda packet and answered questions from the
Commission.
3.E. Additional Updates
CM Killingsworth
• Informed the Commission there was no unauthorized camping at Tide Views
Preserve.
• Spoke about revising the City's Code on alcohol regulations.
There was a CONSENSUS to revising the ordinance on alcohol.
• Spoke about removing the use of the electedofficials@coab.us email.
There was a CONSENSUS to no longer have the electedofficials@coab.us email.
• Spoke about how to manage the consent agenda portion of the agenda and
answered questions from the Commission.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
The following Commissioners provided reports:
Commissioner Grant
Regular City Commission
January 13, 2025
Page 2 of 9
Page 6 of 79
Agenda Item #1.A.
27 Jan 2025
Commissioner Kelly
Commissioner Ring
Mayor Ford
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 25-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE MODERNIZATION OF THE EFFLUENT CONTROL
SYSTEM AT THE WASTEWATER TREATMENT PLANT; 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.
MOTION: Approve Resolution No. 25-01.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.B. RESOLUTION NO. 25-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
DESIGNATING A SIXTY-EIGHT INCH MULTI -TRUNK DIAMETER LIVE
OAK TREE AT 1958 BRISTA DE MAR CIRCLE AND 1964 BRISTA DE MAR
CIRCLE AS A HERITAGE TREE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Approve Resolution No. 25-02 as read.
Motion: Jessica Ring
Second: Candace Kelly
Regular City Commission
January 13, 2025
Page 3 of 9
Page 7 of 79
Agenda Item #1.A.
27 Jan 2025
Curtis Ford For
Bruce Bole For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.C. RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO DISPOSE OF
WASTEWATER SLUDGE HAULER TRUCK D-12 AND PURCHASE A NEW
TRUCK; 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.
MOTION: Adopt Resolution (No.) 25-03.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford yillII For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring ` For
Motion passed 5 to 0.
8.D. RESOLUTION NO. 25-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REQUESTING THAT THE CITY OF JACKSONVILLE REALLOCATE
$500,000 IN ITS FIVE-YEAR CAPITAL IMPROVEMENT PLAN TO FUND
IMPROVEMENTS TO THE CITY OF ATLANTIC BEACH'S FUTURE
COMMUNITY CENTER IN MARSH OAKS; AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Approve Resolution No. 25-04.
Motion: Jessica Ring
Second: Candace Kelly
Regular City Commission
January 13, 2025
Page 4 of 9
Page 8 of 79
Agenda Item #1.A.
27 Jan 2025
Curtis Ford For
Bruce Bole For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.E. RESOLUTION NO. 25-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
EXPENDITURE OF UP TO $45,000 FOR THE PURCHASE OF A 2024 GMC
SIERRA PICKUP TRUCK FOR THE ANIMAL CONTROL DIVISION;
AUTHORIZING THE UTILIZATION OF UNUSED FUNDS BUDGETED FOR
POLICE SALARIES IN THE FISCAL YEAR 2024-25 BUDGET FOR THE
PURPOSE OF MAKING THIS PURCHASE; 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.
MOTION: Approve Resolution No. 25-05.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford
Bruce Bole (Seconded By)
Thomas Grant
Candace Kelly
Jessica Ring (Moved By)
For
For
For
For
For
Motion passed 5 to 0.
8.F. RESOLUTION NO. 25-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING A
ONE-YEAR AUDITOR ENGAGEMENT EXTENSION CONTINUING THE
AUDITING SERVICES OF PURVIS GRAY & COMPANY; AUTHORIZING
THE MAYOR AND CITY MANAGER TO EXECUTE ANY CONTRACTS; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PURCHASE
ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Approve Resolution (No.) 25-06.
Motion: Bruce Bole
Second: Candace Kelly
Regular City Commission
January 13, 2025
Page 5 of 9
Page 9 of 79
Agenda Item #1.A.
27 Jan 2025
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.G. RESOLUTION NO. 25-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE
TERM OF SUZANNE GREEN AS SPECIAL MAGISTRATE FOR ONE YEAR;
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.
MOTION: Approve Resolution No. 25-07.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Thomas Grant For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.11. RESOLUTION NO. 25-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AWARDING THE CONTRACT FOR THE BEACHES FALLEN WARTIME
HEROES MONUMENT IN BEACHES VETERANS MEMORIAL PARK TO
NOBLE MONUMENT COMPANY, INC.; 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.
MOTION: Approve Resolution No. 25-08 with the additional plan B option.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford
Bruce Bole (Seconded By)
For
For
Regular City Commission
January 13, 2025
Page 6 of 9
Page 10 of 79
Agenda Item #1.A.
27 Jan 2025
Thomas Grant For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 58-24-47, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES'
RETIREMENT SYSTEM, SECTION 2-266, "BENEFIT AMOUNTS AND
ELIGIBILITY", TO PROVIDE FOR A COST -OF -LIVING ADJUSTMENT;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 58-24-47.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford
Bruce Bole
Thomas Grant
Candace Kelly (Seconded By)
Jessica Ring (Moved By)
Motion passed 5 to 0.
For
For
For
For
For
9.B. ORDINANCE NO. 58-24-48, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT
SYSTEM, SECTION 2-305, "BENEFIT AMOUNTS AND ELIGIBILITY", TO
AMEND THE BENEFIT MULTIPLIER AND TO PROVIDE FOR A COST -OF -
LIVING ADJUSTMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 58-24-48.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Thomas Grant For
Candace Kelly For
Regular City Commission
January 13, 2025
Page 7 of 9
Page 11 of 79
Agenda Item #1.A.
27 Jan 2025
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9.C. ORDINANCE NO. 5-25-69, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING SECTION 2-16 OF THE CITY CODE TO CHANGE THE
REGULAR MEETING TIME OF THE CITY COMMISSION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 5-25-69.
Motion: Bruce Bole
Second: Thomas Grant
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant (Seconded By) For
Candace Kelly Against
Jessica Ring Against
Motion passed 3 to 2.
9.D. ORDINANCE NO. 5-25-70, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, DIVISION 2 — SPECIAL MAGISTRATE, SECTION 2-143,
SPECIAL MAGISTRATE APPOINTMENT; QUALIFICATIONS; TERM, AND
SECTION 2-144 SPECIAL MAGISTRATE COMPENSATION OF THE CITY
OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR
ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND
INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Approve Ordinance (No.) 5-25-70.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Regular City Commission
January 13, 2025
Page 8 of 9
Page 12 of 79
Agenda Item #1.A.
27 Jan 2025
Motion passed 5 to 0.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CC Bartle
• Informed the Commission The Beaches Leader is no longer doing advertisements, and
that public hearing notices were posted a week early. CA Gabriel informed the
Commission that we will publish digitally, and that he will look into making sure criteria
pursuant to the Florida Statute is met.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
The following Commissioners provided reports:
Mayor Ford
13. ADJOURNMENT
The meeting adjourned at 9:08 PM
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved:
Regular City Commission
January 13, 2025
Page 9 of 9
Page 13 of 79
Page 14 of 79
Agenda Item #3.B.
27 Jan 2025
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: January 15, 2024
MEETING DATE: January 27, 2025
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 consideration by consensus.
Please note that the 2025 town hall meetings have been scheduled for:
• Saturday, January 25 in the Commission Chamber
• Saturday, April 5 at Jordan Park
• Saturday, July 19 at Gail Baker Community Center
• Saturday, October 18 at the Adele Grage Cultural Center
BUDGET: None
RECOMMENDATION: Accept the 90 -Day Calendar for January 2025 -March 2025 by consensus
ATTACHMENT(S): City Commission 90 -Day Calendar (January 2025 -March 2025)
REVIEWED BY CITY MANAGER: "36
Page 15 of 79
L
CITY COMMISSION
January 2025
5
Fanners Market
10 am -2 pm
(Russell Park)
12
Tree Giveaway
10 am -Noon
(City Hall)
Farmers Market
10 am -2 pm
(Russell Park)
19
26
Farmers Market
10 am -2 pm
(Russell Park)
Farmers Market
10 am -2 pm
(Russell Park)
TUESDAY
WEDNESDAY '1'HURSD:IY
FRIDAY S,\TURD.,\Y
6 7
13
20
1
New Years Day
City Offices Closed
8
Code Enforcement Environmental
Special Magistrate Stewardship Cmte.
2pm 6pm
14 15
City Commission Arts, Recreation,
6:30 pm Culture Committee
(Invoc-Ford) 6 pm
Martin Luther
King Jr. Day
City Offices Closed
ESC Tree Subcmte.
6 pm
21 ' 22
Community
Development Board
bpm
9 10
16 17
23 24
ESC Sustainability
Subcmte.
9 am
27 28 29 30 31
City Commission
6:30 pm
(Invoc-Bole)
Arbor Day
Celebration
9 am
4
11
18
MLK Day Celebration
(St. Paul by the Sea)
11 am
25
Town Hall Meeting
(Chamber)
10 am
CITY COMMISSION
February 2025
SUNDAY MONDAY TUESDAY WEDNESDAY TI IURSDAY FRIDAY SATURDAY
2
9
Fanners Market
10 am -2 pm
(Russell Park)
Fanners Market
10 am -2 pm
(Russell Park)
3 4
6 7
Speaker Series
6 pm
(Chamber)
10 11 12 t3 14
City Commission
6:30 pm
(Invoc-Grant)
Arts, Recreation,
Culture Committee
6 pin
Environmental
Stewardship Crnte.
6 pm
Pension Boards
6:30 pm
16 17 18 19 20 21
23
Fanners Market
10 am -2 pm
(Russell Park)
Fanners Market
10 am -2 pm
(Russel] Park)
President's Day
City Offices Closed
Community
Development Board
6 pm
ESC Outreach
Subcommittee
4:45 pm
ESC Tree Subcmte.
6 pm
24 25 26 27 28
City Commission
6:30 pm
(Invoc-&felly)
ESC Sustainability
Subcmte.
9 am
8
15
22
CITY COMMISSION
March 2025
MONDAY TUESDAY
WEDNESDAY THURSDAY
FRIDAY SATURDAY
3
10
17
24
31
4
Code Enforcement
Special Magistrate
2 pm
5
6
Speaker Series
6 pm
(Chamber)
7
11 12 13 14
City Commission Arts, Recreation, Environmental
6:30 pm Culture Committee Stewardship Cmte.
(Invoc-Ring) 6 pm 6 pm
18 19 20 21
ESC Outreach
Community Subcmte.
Development Board 4:45 pm
6 pm
ESC Tree Subcmte.
6 nm
25 26 27 28
City Commission ESC Sustainability
6:30 pm Subcmte.
(Invoc-Ford) 9 am
15
22
29
SUNDAY
2
Farmers Market
10 am -2 pm
(Russell Park)
Songwriters Concert 6
pm (Adele Grage)
9
Farmers Market
10 am -2 pm
(Russell Park)
16
Farmers Market
10 am -2 pm
(Russell Park)
23
Farmers Market
10 am -2 pm
(Russell Park)
30
Farmers Market
10 am -2 pm
(Russell Park)
CITY COMMISSION
March 2025
MONDAY TUESDAY
WEDNESDAY THURSDAY
FRIDAY SATURDAY
3
10
17
24
31
4
Code Enforcement
Special Magistrate
2 pm
5
6
Speaker Series
6 pm
(Chamber)
7
11 12 13 14
City Commission Arts, Recreation, Environmental
6:30 pm Culture Committee Stewardship Cmte.
(Invoc-Ring) 6 pm 6 pm
18 19 20 21
ESC Outreach
Community Subcmte.
Development Board 4:45 pm
6 pm
ESC Tree Subcmte.
6 nm
25 26 27 28
City Commission ESC Sustainability
6:30 pm Subcmte.
(Invoc-Ford) 9 am
15
22
29
Agenda Item #3.C.
27 Jan 2025
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Consideration of legislation regarding the conduct of business activities in
parks and facilities.
SUBMITTED BY: Kevin Hogencamp, Deputy City Manager
TODAY'S DATE: January 15, 2025
MEETING DATE: January 27, 2025
SUMMARY: Prudently regulating business activity within city parks and facilities enables local
government to ensure that these valuable public resources are used thoughtfully, effectively and
equitably for the benefit of the entire community, and that liability is mitigated. At the
encouragement of City Commission members, City staff is preparing an ordinance for introduction
at the Commission's Feb. 10 meeting regarding the conduct of business activities within parks and
facilities. The draft ordinance is presented as a conversation -starter; public and Commission input
is desired.
Cities regulate business and often prohibit business activity in parks and facilities for many
reasons. Among them:
• Mitigating Liability: Prohibiting business activities in parks can mitigate liability for
the park's governing body in several ways:
o Reduced Risk of Injury: Some businesses involve activities that increase the risk of
injury to park visitors.
o Increased Foot Traffic: Businesses can significantly increase foot traffic in a park,
potentially leading to overcrowding, congestion, and a higher likelihood of
accidents.
o Safety Standards: Businesses operating within a park may not adhere to the same
safety standards as the park itself. This can create inconsistencies in safety measures
and increase the risk of accidents.
o Liability for Business Activities: If a visitor is injured due to the negligence of a
business operating within the park, the park's governing body could be held
partially liable, even if it did not directly cause the injury.
• Preserving Public Space/Maintaining the Public Purpose: City parks and facilities are
intended for the enjoyment and recreation of all citizens. Unrestricted business activity
can create:
o Distraction and Noise: Commercial activities can generate noise, traffic, and other
disturbances that disrupt the peaceful and recreational nature of the park.
Page 19 of 79
Agenda Item #3.C.
27 Jan 2025
o Visual Impact: Businesses may introduce visual clutter and detract from the natural
beauty of the park environment.
o Barriers to access: Commercial activities can make city parks and facilities feel
exclusive or unwelcoming to certain groups and take up space needed for passive
recreation like walking, picnicking, or simply enjoying nature.
• Protecting the Environment: Parks often contain sensitive ecosystems. Business
activities can:
o Damage natural resources by harming trees, plants, and wildlife habitats.
o Increase Pollution: Businesses may generate waste, noise, and light pollution that
negatively impact the park's ecological integrity.
• Easier to Maintain and Supervise:
o Reduced Complexity: Prohibiting business activity simplifies park management by
reducing the number of entities and activities that need to be monitored and
regulated.
o Improved Enforcement: Clear prohibitions on business activity make it easier to
enforce park regulations, mitigate risks, and ensure that the city only approves
activities that align with the city's objectives.
o Lead to conflicts: Competition between businesses and the potential for
overcrowding can lead to conflicts within city parks and facilities.
( * Information sources include: National Recreation and Parks Association: "Parks and
Recreation is Essential "; Trout Brook Arborists: "Understanding the Impact of Urban
Development on Trees"; Santa Clara University Markkula Center for Applied Ethis: "Public
Officials as Fiduciaries"; Health Facility Management magazine: "Regulatory Guidance for
Facilities Managers". )
RECOMMENDATION: Commission provide input to staff helpful to determine the language in
an ordinance regarding the conduct of business activities within parks and facilities.
BUDGET: N.A.
ATTACHMENT: Draft Ordinance
CITY MANAGER: t)3 �)
Page 20 of 79
Agenda Item #3.C.
27 Jan 2025
ORDINANCE NO.:
AN ORDINANCE TO ESTABLISH RULES FOR THE USE AND CONDUCT OF BUSINESS
ACTIVITIES IN CITY OWNED PARKS AND FACILITIES; PROVIDING DEFINITIONS;
PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR PROHIBITIONS;
PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCORPORATION IN THE CODE OF ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach owns and administers parks and other recreational facilities; and
WHEREAS, the City of Atlantic Beach desires to maintain t e int grity and intended use of its parks and
its recreation facilities for the enjoyment and benefit of all residents and visitors; and
WHEREAS, the conduct of commercial activities within these public spaces may have an adverse impact
on the recreational use, environmental quality, andoverall character of s chhareas; and
WHEREAS, it is necessary to establish clear and consistent guidelines for the, approval of business
activities within City parks and facilities and it has been that the adoption of this Ordinance is
in the best interest of the City and its residents,
NOW, THEREFORE, BE IT ORDAINED BY*THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH AS FOLLOWS:
/COT%SIDER AMENDMENT TO CHAPTER 5 (BEACHES AND PARKS), ARTICLE 111 (PUBLIC'
P.1 RKS)/
Section 1. Definitions For the purposes of this Ordinance, the following definitions shall apply:
• "Business Activity". shall mean any activity conducted for profit, including but not limited to: *
Sales of goods or service s* Solicitation of donations or contributions * Advertising or promotional
activities * Use of park orfacility for commercial filming or photography * Conducting classes or
workshops for profit'''P,,. _�
• "City Manager? shall mean te City Manager of the City of Atlantic Beach or his/her designee.
• "City Park" shall mean any park, playground, green space, or other public area owned or
maintained by the City Atlantic tic Beach.
• "City Facility" shall mean any building, structure, or other facility owned or maintained by the
City of Atlantic Beach including but not limited to community centers, libraries, and recreational
centers.
Section 2. Prohibition of Business Activities. Business Activities are prohibited in all City Parks and
City Facilities, unless as otherwise expressly provided in this Chapter. No person or entity shall conduct
any Business Activity in any City Park or City Facility without first obtaining written approval from the
City Manager as expressly set forth in Section herein.
56352202 vl
Page 21of79
Agenda Item #3.C.
27 Jan 2025
Section 3. Limited Approval for Non -Profit Entities and City Partnerships. The City Manager shall
only approve Business Activities in City Parks or City Facilities conducted by a non-profit entity and/or
conducted by permit and/or in partnership with the City.
Section 4. City Manager's Authority The City Manager shall have the administrative authority to do
any of the following:
• Approve or deny any request or application for the conduct of a Business Activity
• Impose conditions or restrictions on approved activities
• Revoke approval for any Business Activity that violates this Ordinance or any other applicable
laws or regulations
Section 5. Enforcement Any person or entity that violates this Ordinance shall be subject to a civil penalty
of not more than $500 for each violation.
Section 6. Incorporation, Conflict and Severability."
(a) It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City of Atlantic Beach, Florida, and
that the sections of this ordinance may be,renumbered or relettered and that the word"ordinance" may be
changed to "section," "article," or other appropriate word.
(b) All Ordinances, Resolutions, Code of Ordinances or parts of thereof in conflict herewith are hereby
repealed to the extent of such conflict.
(c) If any word, phrase, clause, subsection, oro section of this "Ordinance is for any reason held
unconstitutional or invalid by a court of competent jurisdiction, the invalidity thereof shall not affect the
validity of any remaining portions of the Ordinance. 4.
V.):1:111 -mow
147
56352202 v1
Page 22 of 79
Agenda Item #6.A.
27 Jan 2025
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Radio Services Agreement between COJ and COAB
SUBMITTED BY: Victor Gualillo, Chief of Police
TODAY'S DATE: January 2, 2025
MEETING DATE: January 27, 2025
BACKGROUND: The City of Atlantic Beach (COAB) currently operates police radio
communications through the City of Jacksonville (COJ) P25 radio system. The COAB owns the 800
MHz radios and relies on the COJ for repeaters and other infrastructure to operate the radio system.
The majority of the radios used by the COAB are within the Police Department and are relied on daily
for communications. Other departments within the city have 800 MHz radios which function on the City
of Jacksonville P25 radio system and are available to them in an emergency situation. The COJ radio
system provides the Police Department with inter -operability with other law enforcement agencies in the
area which is paramount to public safety during critical incidents.
Periodically the COJ and the COAB enter into a Radio Services Agreement which sets the terms and rate
for a specified time frame. The current agreement was originally entered into in October 2021 and the
first amendment was entered into in February 2023.
Retroactively, commencing on October 1, 2024, the City of Atlantic Beach is required to pay a fixed
monthly fee of $26.43 for the services set forth in this Agreement. This fee includes $17.93 per Unit of
P25 maintenance and $6.30 per Unit for Radio Shop services and support, and $2.20 per Unit for JEA
tower expenses.
BUDGET: The approximately annual cost for this radio service is $45,000. This item has been
approved in the FY25 Police Budget.
RECOMMENDATION: Authorize the City Manager to sign the Third Amendment to Radio
Services Agreement between the City of Atlantic Beach and the City of Jacksonville.
ATTACHMENT(S): 1) City of Jacksonville Radio S ; ices Agreement
REVIEWED BY CITY MANAGER: I
Page 23 of 79
Agenda Item #6.A.
27 Jan 2025
THIRD AMENDMENT TO RADIO SERVICES AGREEMENT
BETWEEN
THE CITY OF ATLANTIC BEACH
AND
THE CITY OF JACKSONVILLE
This Third Amendment to Radio Services Agreement (this "Third Amendment") is dated
, 2024, is retroactive to October 1, 2024, and is between the CITY
OF JACKSONVILLE, a consolidated political subdivision and municipal corporation existing
under the laws of the State of Florida (the "City"), and the CITY OF ATLANTIC BEACH, a
municipal corporation in Duval County, Florida ("Atlantic Beach").
Whereas, effective October 1, 2021, the City and Atlantic Beach entered into the Radio
Services Agreement, City Contract No. 230200 (the "Agreement"), approved and authorized by
Ordinance 2013-424-E; and amended the Agreement on March 15, 2023 (First Amendment) and
April 4, 2024 (Second Amendment).
Whereas, Ordinance 2013-424-E authorizes the Chief of the Information Technologies
Division, on behalf of the Mayor and the Corporation Secretary, to execute amendments to the
Agreement on behalf of the City, upon approval by the Mayor's Budget Review Committee, which
approval was most recently obtained on November 12, 2024.
Whereas, the parties desire to amend the Agreement as more fully set forth in this Third
Amendment.
Now, therefore, for and in consideration of good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The above -stated recitals are accurate, true, and correct
and are hereby incorporated in and made a part of this Third Amendment.
2. Capitalized Terms. Unless otherwise defined in this Third Amendment, all
capitalized terms shall have the meaning given to them in the Agreement.
3. Amendment to Subsection 4(a). Subsection 4(a) of the Agreement is hereby
amended by adding the monthly fee for fiscal year 2025, and reads in its entirety as follows:
(a) Commencing October 1, 2021, through September 30, 2022, Atlantic
Beach shall pay the City a fixed monthly fee of $21.02 per Unit for the services
set forth in this Agreement. This fee includes $13.23 per Unit for P25 maintenance,
$5.72 per Unit for radio shop services and support, and $2.07 per Unit for JEA
expenses. Commencing October 1, 2022, through September 30, 2023, Atlantic
Beach shall pay the City a fixed monthly fee of $35.21 per Unit for the services
set forth in this Agreement. This fee includes $27.18 per Unit for P25 maintenance,
$5.88 per Unit for radio shop services and support, and $2.15 per Unit for JEA
costs. Commencing October 1, 2023, through September 30, 2024, Atlantic Beach
shall pay the City a fixed monthly fee of $28.31 per Unit for the services set forth
in this Agreement. This fee includes $20.36 per Unit for P25 maintenance, $5.79
per Unit for radio shop services and support, and $2.16 per Unit for JEA costs.
Page 24 of 79
Agenda Item #6.A.
27 Jan 2025
Commencing October 1, 2024, through September 30, 2025, Atlantic Beach shall
pay City a fixed monthly fee of $26.43 per Unit for the services set forth in this
Agreement. This fee includes $17.93 per Unit for P25 maintenance, $6.30 per Unit
for radio shop services and support, and $2.20 per Unit for JEA costs.
4. Amendment to Section 6. Section 6 of the Agreement is hereby amended by
extending the minimum payment to fiscal year 2025, and reads in its entirety as follows:
6. Minimum Payment. Atlantic Beach may increase or decrease the
number of Active Units as it deems appropriate. However, subject to the provisions
in Sections 5 and 7 herein, Atlantic Beach agrees that the average monthly payment
for services hereunder shall not fall below $1,250.00 from October 1, 2021,
through September 30, 2025. This average monthly payment is required to ensure
that the P25 System remains adequately funded as an ongoing concern. The rates
provided in Section 4 of this Agreement are conditioned on Atlantic Beach's
agreement to the minimum payment.
5. Amendment to Subsection 8(a). Subsection 8(a) of the Agreement is hereby
amended by exercising the third of three one-year renewals to extend the term through fiscal year
2025, and reads in its entirety as follows:
(a) Term. The term of this Agreement shall commence on the Effective
Date and shall expire on September 30, 2025, unless sooner terminated as provided
herein.
6. Amendment to Subsection 8(d). Subsection 8(d) of the Agreement is hereby
amended by extending Atlantic Beach's representation through fiscal year 2025, and reads in its
entirety as follows:
(d) Termination for Non-Aonronriation of Funds. Notwithstanding
anything in this Agreement to the contrary, all obligations of Atlantic Beach herein
are conditioned upon: (1) the prior receipt by Atlantic Beach of, and authorization
to expend, such funds from applicable federal, state, or local sources; and (2) the
appropriation of such funds by Atlantic Beach. In the event any of the foregoing
prerequisite events do not occur, then this Agreement shall automatically
terminate, and thereafter both parties shall have no further rights, obligations, or
liabilities under this Agreement. Atlantic Beach hereby represents that it has
adequate funding and approvals to fulfill its obligations under this Agreement
through September 30, 2025.
7. Modification; Waiver. No modification of the Agreement or this Third
Amendment will be effective unless it is in writing and signed by the parties. No waiver under the
Agreement or this Third Amendment will be effective unless it is in writing and signed by the
party granting the waiver.
8. Ratification; Entire Agreement. The provisions of the Agreement shall remain
in full force and effect except as expressly provided in this Third Amendment. This Third
Amendment constitutes the entire understanding between the parties with respect to the subject
matter of this Third Amendment and supersedes all other agreements, whether written or oral,
between the parties with respect to the subject matter of this Third Amendment.
2
Page 25 of 79
Agenda Item #6.A.
27 Jan 2025
9. Counterparts. This Third Amendment may be executed electronically and in
several counterparts, each of which will be deemed an original and all of which will constitute one
instrument.
[Remainder of page left blank intentionally. Signature page follows immediately.]
3
Page 26 of 79
Agenda Item #6.A.
27 Jan 2025
In witness whereof, the parties are signing this Third Amendment the day and year first
written above.
Witness
CITY OF JACKSONVILLE, a
consolidated political subdivision and
municipal corporation existing under the
laws of the State of Florida
By: By:
Thomas Ossi Wanyonyi Kendrick
Technology Contract & Records Manager Director of Technology Solutions
On behalf of the Mayor, pursuant to Ordinance
2013-924-E
Witness
CITY OF ATLANTIC BEACH, a
municipal corporation in Duval County,
Florida
By: By:
Name: Bill Killingsworth
Title: City Manager
Encumbrance and funding information for internal City use:
Total Maximum Indebtedness: $0.00
The above stated amount is the maximum fixed monetary amount of the foregoing contract. It shall
not be encumbered by the foregoing contract. It shall be encumbered by one or more subsequently
issued purchase orders that must reference the foregoing contract. All financial examinations and
funds control checking will be made at the time such purchase orders are issued.
In accordance with Section 24.103(e), Jacksonville Ordinance Code, I do hereby certify that there
is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to
cover the foregoing contract; provided, however, this certification is not, nor shall it be interpreted
as, an encumbrance of funding under the contract. Actual encumbrances shall be made by
subsequent purchase orders as specified in the contract.
Form Approved:
Office of General Counsel
Director of Finance
City Contract #230200, Amendment 3
City_of Atlantic_Beach_#230200_Amd_3_P25_Radio_Services_Agreement
4
Page 27 of 79
Page 28 of 79
AGENDA ITEM:
Agenda Item #6.B.
27 Jan 2025
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Resolution No. 25-09 authorizing the Mayor to execute the master
agreement and any subsequent amendments for a federally funded
subaward and grant provided by Federal Emergency Management Agency.
SUBMITTED BY: Kevin Hogencamp, Deputy City Manager K�
TODAY'S DATE: January 16, 2025
MEETING DATE: January 27, 2025
BACKGROUND: The City of Atlantic Beach has requested reimbursement for expenses related to
Hurricane Helene. These expenditures totaling approximately $225,000 on debris removal, overtime
worked and equipment used by City staff pertaining to Hurricane Helene. Part of the process is to execute
the Federally Funded Subaward and Grant Agreement provided by Federal Emergency Management
Agency. This requires the Mayor to execute the agreement. When specific projects are approved for
funding, amendments to this contract specifying the amount awarded for the project will be made. These
also will require the Mayor's signature.
Staff recommends that the Commission grants authorization for the Mayor to execute the master
agreement, and also authorize the Mayor to execute any subsequent amendments to the master agreement.
BUDGET: None
RECOMMENDATION: Commission approve Resolution No. 25-09
ATTACHMENT(S): Resolution No. 25-09
Federally Funded Subaward and Grant Agreement Z4650
REVIEWED BY CITY MANAGER:
Page 29 of 79
Agenda Item #6.B.
27 Jan 2025
RESOLUTION NO. 25-09
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
MAYOR TO EXECUTE FEDERALLY FUNDED SUBAWARD AND GRANT
AGREEMENT NUMBER Z4650 AND ANY AMENDMENTS THERETO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City incurred expenses related to Hurricane Helene; and
WHEREAS, the City has requested reimbursement from the Federal Emergency
Management Agency (FEMA); and
WHEREAS, FEMA requires that the Mayor of the City of Atlantic Beach execute
Federally Funded Subaward and Grant Agreement Number Z4650 to obligate funds for any
reimbursements requested.
NOW, THEREFORE, BE IT RESOLOVED by the City Commission of the City of
Atlantic Beach, that
SECTION 1. The Commission hereby authorizes the Mayor to execute Federally Funded
Subaward and Grant Agreement Number Z4650.
SECTION 2. The Commission authorizes the Mayor to execute any subsequent
amendments to the agreement as projects become obligated under the Federally Funded Subaward
and Grant Agreement Number Z4650.
SECTION 3. This resolution shall take effect immediately up its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 27th day
of January 2025.
Curtis Ford
Mayor
ATTEST:
Donna L. Bartle
City Clerk
Approved as to form and correctness:
Jason Gabriel
City Attorney
Page 30 of 79
Agenda Item #9.A.
27 Jan 2025
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Ordinance No. 5-25-69 establishing that regular City Commission
meetings shall be held at 6 p.m. instead of 6:30 p.m.
TODAY'S DATE: January 15, 2025
MEETING DATE: January 27, 2025
SUBMITTED BY: Kevin Hogencamp, Deputy City Manager
SUMMARY: At the December 9, 2024, City Commission workshop, Commission members
expressed the desire to change regular City Commission meetings from 6:30 p.m. to 6 p.m. for the
purpose of uniformity and better accommodating City Commission member and City staff
schedules.
A majority of the City Commission members supported the ordinance on first reading at the
Commission's January 13, 2025, meeting.
RECOMMENDATION: Commission consider approving Ordinance No. 5-25-69 on second
reading.
BUDGET: N.A.
ATTACHMENT: Ordinance No. 5-25-69
CITY MANAGER:
\�K
Page 31of79
Agenda Item #9.A.
27 Jan 2025
ORDINANCE NO. 5-25-69
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING SECTION 2-16 OF THE CITY CODE TO CHANGE THE REGULAR
MEETING TIME OF THE CITY COMMISSION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, desires to amend the
time of its regular meetings; and
WHEREAS, the City Commission believes that changing the regular meeting time is better suited
in terms of uniformity and better accommodating City Commission and City staff schedules.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA AS FOLLOWS:
SECTION 1. Amendment. Section 2-16 of the City Code is hereby amended to read as follows: The
regular meetings of the city commission shall be held on the second and fourth Mondays of each month,
except December, in city hall, at 6:00 p.m. If the second or fourth Monday falls on a holiday, the regular
meeting shall be held on Tuesday immediately following the holiday. In the month of December, the
regular meeting shall be held on the second Monday of the month.
SECTION 2. Severability-. If any provision of this Ordinance shall be held to be invalid or
unconstitutional, such invalidity shall not affect other provisions hereof, and to this end the provisions of
this Ordinance are hereby declared to be severable.
SECTION 3. Effective Date. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED by the City Commission on first reading this 13th day of January 2025.
PASSED by the City Commission on second and final reading this 27th day of January 2025.
CITY OF ATLANTIC BEACH
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Approved as to form and correctness:
Jason Gabriel, City Attorney
Page 32 of 79
AGENDA ITEM:
Agenda Item #9.B.
27 Jan 2025
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Ordinance No. 5-25-70 an ordinance, amending Chapter 2, section 2-143,
special magistrate appointment, qualification and term and section 2-144
compensation, allowing the city manager to extend the contract.
SUBMITTED BY: Amanda Askew, Director of Planning, Community Development and Building
TODAY'S DATE: January 16, 2025
MEETING DATE: January 27, 2025
BACKGROUND: Staff is recommending an improvement to efficiency and productivity by
removing the requirement for annual Commission approval of contract renewals for the Special
Magistrate. Instead, staff proposes that the City Manager be authorized to extend the contract, provided
there are no objections from the Commission. The Commission will retain the authority to terminate the
contract by providing written notice at least 30 days in advance.
The Special Magistrate is appointed by the Commission and is included in the annual budget. Serving a
vital role in the code enforcement process, the Special Magistrate hears all code enforcement issues and
also adjudicates dangerous dog complaints.
BUDGET: None
RECOMMENDATION: Approve Ordinance No. 5-25-70 on second reading.
ATTACHMENT(S): Ordinance No. 5-25-70
REVIEWED BY CITY MANAGER: I -3C
Page 33 of 79
Agenda Item #9.B.
27 Jan 2025
ORDINANCE NO. 5-25-70
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, DIVISION 2 — SPECIAL MAGISTRATE, SECTION
2-143, SPECIAL MAGISTRATE APPOINTMENT; QUALIFICATIONS;
TERM, AND SECTION 2-144 SPECIAL MAGISTRATE COMPENSATION
OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES;
PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING
FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-143 of the Code of Ordinances for the City of Atlantic Beach
provides for the appointment of the special magistrate and the terms and section 2-144 sets the
compensation; and
WHERAS, Commission appointments and special magistrate and the magistrate must
remain be in good standing with the city and compensation is added into the annual budget; and
WHEREAS, the City desires to make it possible to extend the contract for the special
magistrate by the city manager provided Commission has no objection; and
WHEREAS, this minor change will help streamline future agendas provided we are not
changing the special magistrate and improved efficiency and productivity; and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Section 2-143, Special magistrate appointment; qualifications; term. of the
Code of Ordinances is hereby amended as follows:
Sec. 2-143. - Special magistrate appointment; qualifications; term.
(a) The city commission shall by resolution appoint a special magistrate or special magistrates,
as needed.
(b) The special magistrate or special magistrates shall have the jurisdiction and authority
granted by this division.
(c) Appointment of the special magistrate or special magistrates shall be made on the basis of
experience and interest in the subject matter, in the sole discretion of the city commission.
(d) Any special magistrate appointed hereunder must be a member in good standing of the
Florida Bar for at least five (5) years prior to appointment.
Page 34 of 79
Agenda Item #9.B.
27 Jan 2025
(e) The appointment of a special magistrate shall be made for a term of one (1) year, with the
city commission reserving the right to terminate the term prior to its natural end, in writing,
with no less than thirty (30) days' notice, upon resolution of the city commission. The term
maybe extended
by the city manager provided city commission has no objection. No term limits shall be
established herein for any appointed special magistrate. If the special magistrate wishes to
terminate the term prior to its natural end, the special magistrate shall notify the city, in
writing, no less than sixty (60) days in advance.
Sec. 2-144. - Special magistrate compensation.
The special magistrate shall receive such compensation as determined by the city commission.
Such compensation shall be set forth in the resolution appointing the special magistrate.annual
budget.
SECTION 2. Purpose and Intent. The purpose and intent of this Ordinance is to help streamline
future agendas, improve efficiency and productivity.
SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, 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 5. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this day of
PASSED by the City Commission on second and final reading this
, 2025.
CITY OF ATLANTIC BEACH
, 2025.
day of
Page 35 of 79
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Approved as to form and correctness:
Jason Gabriel, City Attorney
Agenda Item #9.B.
27 Jan 2025
Page 36 of 79
AGENDA ITEM:
SUBMITTED BY:
TODAY'S DATE:
MEETING DATE:
BACKGROUND:
BUDGET:
Agenda Item #9.C.
27 Jan 2025
CITY OF ATLANTIC BACH
CITY COMMISSION MEETING
STAFF REPORT
Ordinance No. 20-25-177 amending the operating budget for the fiscal year
beginning Oct. 1, 2023, and ending Sept. 30, 2024.
Brittany Percell, Director of Finance
January 21, 2025
January 27, 2025
This is due to the 2023 Annual Report for the Atlantic Beach Police
Officers' Pension Fund not being completed timely. An additional employer
contribution is required to cover state funds not received. Withheld funds
are expected to be received in the current fiscal year.
Police Officers' Pension Fund - $130,000 increase in revenues
RECOMMENDATION: Approve Ordinance No. 20-25-177.
ATTACHMENT: Ordinance No. 20-25-177
REVIEWED BY CITY MANAGER:
Page 37 of 79
Agenda Item #9.C.
27 Jan 2025
ORDINANCE NO. 20-25-177
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2023 AND ENDING SEPTEMBER 30, 2024 FOR APPROPRIATING
ADDITIONAL FUNDS TO THE POLICE PENSION FUND; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission
approve all budgetary increases and transfers at the fund level; and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such
budgetary systems require adjustments from time -to -time; and
WHEREAS, the City desires to now amend the operating budget to add net funds totaling $130,000
to cover additional employer contributions to the Police Officers' Pension Fund.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that:
SECTION 1. The Fiscal Year 2023/2024 Operating Budget is hereby amended as follows:
GENERAL FUND
Expenditures:
Public Safety
Operating Supplies ($21,279)
Machinery & Equipment ($18,168)
Overtime ($44,795)
Unfunded Liability Pension ($32,370)
Salaries ($13,388)
Public Safetv
Pension City Contribution $130.000
Total Expenses: $0.00
POLICE PENSION FUND
Revenues:
Employer Contributions , $130.000
Total Revenue: $130,000
SECTION 2. This ordinance shall take effect immediately upon adoption.
Page 38 of 79
PASSED by the City Commission on first reading this 27th day of January 2025.
PASSED by the City Commission on second and final reading this 10th day of February 2025.
ATTEST:
Donna L. Bartle
City Clerk
Approved as to form and correctness:
Jason Gabriel
City Attorney
Curtis Ford
Mayor
Agenda Item #9.C.
27 Jan 2025
Page 39 of 79
Page 40 of 79
Agenda Item #10.A2.
27 Jan 2025
CITY OF ATLANTIC BEACH
PROCEDURES FOR APP 25-0001
APPEAL FROM DENIAL OF VARIANCE ZVAR 24-0015
BY COMMUNITY DEVELOPMENT BOARD
223 Ocean Blvd.
Pursuant to 24-49(b) of the Land Development Regulations (LDR) attached, appeals from a decision of the Community
Development Board (CDB) may be made to the City Commission by any adversely affected person(s), or any officer, board or
department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR, in
whole or in part, and specify the grounds of the conflict or violation. Appeals of a CDB decision to the Commission are de
novo, meaning that the appeal hearing proceeds from the beginning, as if the prior hearing at the CDB had not occurred.
Quasi-judicial proceedings, such as rezonings, uses by exception, variances, waiver requests, and appeals are not controlled
by strict rules of evidence and procedure, but certain standards of basic fairness must be adhered to in order to afford due
process. In quasi-judicial hearings, the parties must be able to present evidence, cross-examine witnesses and be informed
of all of the facts upon which the Commission acts. The hearing must be fair and impartial and contain the following
requirements:
• Notice per § 24-51(k), LDR.
• Quasi-judicial hearings can be very informal. The record must be made at the hearing and the parties must be
able to comment on the evidence or to introduce contrary evidence.
• Written decision. The decision must be based on the record as it is produced at the hearing and should include
an analysis of the applicable statutes, ordinances, regulations and policies as well as the facts.
• Fairness protections require an unbiased decision maker and decisions are to be based on information
presented at the hearing and made a part of the record.
Sueeested Procedure for Appeal Hearings:
• Mayor to Open Public Hearing.
• City Attorney — Procedural reminders/correspondence made part of record.
• Disclosure by the Commission members of any ex parte communications (per Resolution 95-26, each
Commissioner must disclose the subject of the communication and the identity of the person, group or entity
who made the communication before final action).
• Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB.
• Commission questions for Staff, if any.
• Applicant, and/or representatives/legal counsel, if applicable, present the request and support for approving
the variance request and Applicant's witnesses, if any, make presentations.
• Commission questions for Applicant/witnesses, if any.
• Public comments — 3 or 5 minutes, depending on number of speaker cards submitted to Clerk.
• Closing comments/rebuttal by Applicant (may include cross-examination if requested).
• Mayor closes Public Hearing.
• Commission deliberation and action, based on provisions set forth in Section 24-65 (c), Land Development
Regulations, Variances (attached), which will be memorialized in a written order.
• Commission may approve, approve with conditions or deny the variance request.
• Per Section 24-65 (c), a variance may be approved if the Commission finds that one (1) or more of the
following factors exists to support an application for a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties
in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property.
Page 41of79
Agenda Item #10.A2.
27 Jan 2025
REFERENCED CODE SECTIONS
Sec. 24-49. - Appeals.
Appeals of administrative decisions made by the planning and community development director and appeals of final
decisions of the community development board may be made by adversely affected person(s) in accordance with the
following provisions. Appeals shall be heard at a public hearing within a reasonable period of time with proper public
notice, as well as due notice to the interested parties as set forth in section 24-51 hereof. At the hearing, any party may
appear in person, by agent or by attorney.
(a) Appeals of administrative decisions of the planning and community development director. Appeals of a decision
of the planning and community development director may be made to the city commission by any adversely
affected person(s), or any officer, board or department of the city affected by a decision of the planning and
community development director made under the authority of this chapter.
Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order,
requirement, ruling, decision or determination being appealed.
The planning and community development director shall, upon notification of the filing of the appeal, transmit to
the city commission, all the documents, plans, or other materials constituting the record upon which the action
being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city
commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10)
business days from the date the appeal is filed.
(b) Appeals of decisions of the community development board. Appeals of a decision of the community
development board may be made to the city commission by any adversely affected person(s), any officer, board or
department of the city affected by any decision of the community development board made under the authority of
this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the
final order, requirement, decision or determination being appealed. The appellant shall present to the city
commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation
of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public
hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or
his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed.
(c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in
furtherance of the action appealed, unless the administrator shall certify to the city commission that, by reason of
facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or
work shall not be stayed except by order, which may be granted by the city commission after application to the
officer from whom the appeal is taken and on due cause shown.
Page 42 of 79
Agenda Item #10.A2.
27 Jan 2025
Sec. 24-65. - Variance.
• Sec. 24-65. - Variances.
The community development board is authorized to grant relief from the strict application of certain land development
regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional
practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a
variance may be authorized include but are not limited to:
• Parking standards
• Drive aisle width
• Setbacks
• Landscaping
• Fence height
• Impervious surface
However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase
maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the
permitted uses or any use terms of a property.
In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the
property unique or difficult to use. The applicant has the burden of proof. The community development board must
determine that granting the request would not cause substantial detriment to the public good and would not be
inconsistent with the general intent and purpose of the land development regulations.
A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community
development department.
(a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain
each of the following:
(1) A legal description of the property for which the variance is requested.
(2) A reasonable statement describing the reasons and justification for the variance.
(3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant
features existing on the lot.
(4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized
authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director
shall within a reasonable period of time schedule the application for a public hearing before the community development
board following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in
person and/or may be represented by an authorized agent.
(1) Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon findings
of fact that the application is consistent with the definition of a variance and consistent with the provisions of this
section.
(2) The community development board shall not grant a variance, which would allow a use that is not a permitted
use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by -
exception that is considered concurrently with an application for a variance, approval of the variance shall be
contingent upon approval of the use -by -exception by the community development board. In the event, that the
use -by -exception is denied by the community development board, any approved variance shall be rendered null
and void.
(3) The community development board shall not approve any variance that would allow a use that is prohibited by
the terms of this chapter or by the comprehensive plan.
Page 43 of 79
Agenda Item #10.A2.
27 Jan 2025
(4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as
justification for the approval of a variance.
(5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial
circumstances, or for relief from situations created by the property owner.
(c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following
factors exist to support an application for a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in
the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after construction
of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property.
In the event the community development board finds that none of the above exist, then the community development
board shall deny the variance.
(d) Approval of a variance. To approve an application for a variance, the community development board shall find that the
request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be
in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may
prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such
conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter,
and shall be subject to established code enforcement procedures.
(e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance
than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and
with the purpose and intent of this chapter.
(f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for
approval of a variance.
(g) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no
further action on another application for substantially the same request on the same property shall be accepted for three
hundred sixty-five (365) days from the date of denial.
(h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be
performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The
planning and community development director, upon finding of good cause, may authorize a one-time extension not to
exceed an additional twelve (12) months, beyond which time the variance shall become null and void.
(i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to
the property unless otherwise stipulated by the community development board.
Page44of79
Agenda Item #10.A4.
27 Jan 2025
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: APP25-0001 (Appeal of a decision of the Community Development Board
for variance ZVAR24-005 for 223 Ocean Boulevard)
SUBMITTED BY: Amanda Askew, Director of Planning and Community Development kfrif
TODAY'S DATE: January 15, 2025
MEETING DATE: January 27, 2025
BACKGROUND: Ian Brown,
the agent representing the property owner 3118
at 223 Ocean Boulevard, is appealing the
final decision of the Community
Development (CDB) for variance
ZVAR24-0015 made on November 19,
2024.
The applicant is seeking a variance to add
a new second story over the footprint of
existing nonconforming first story
detached garage. The property is 9
nonconforming due to setbacks.
276
264
254
3i d St
0
0-
A public hearing was held and said request 263
was considered by the City of Atlantic 1''
Beach Community Development Board 200
(CDB) on November 19, 2024. Having
considered the application, supporting
documents, and comments from members of the public, the Community Development Board DENIED
the approval of the variance. The Community Development Board made a motion to deny the variance,
the motion to deny passed with a vote of 5-2. The CDB found that the request did not meet any grounds
from Section 24-65(c) of the Land Development Regulations establishing grounds for approval of a
variance.
42
151
290 oz"
239
250
1 fl
a
21
This property is 150 feet wide by 127 feet deep and is located within the Residential, Single -Family (RS -
1) zoning district. The lot has three street frontages: Ocean Boulevard to the west, 2nd Street to the south,
and Beach Avenue to the east.
The front of the house is located on Ocean Boulevard and the detached garage is accessed on Beach
Avenue. The request for the variance is associated with the detached garage on the Beach Avenue side
of the property.
Page 45 of 79
Agenda Item #10.A4.
27 Jan 2025
In 2003, the property was redeveloped, in which the existing home was demolished, and a new single-
family home was constructed. The existing 2 -car garage was expanded to a 3 -car garage with a variance
at the same time. The variance was to reduce the 20 -yard setback along Beach Boulevard to expand the
garage. The approval placed the following condition on the property "The garage structure shall not
be converted to a Garage Apartment as such is defined within Section 24-17 of the Land
Development Regulations." The garage is original to the property and was developed 0.9' from the
eastern property line.
Pictures of Original "Carriage House"
from 2003 Variance Application
-•a
•
In 2003, the
permitted
building
plans also
connected the
detached
garage to the
house. Since
the garage is
attached
with a
covered
breezeway,
the structure
is now
considered
attached and
shall comply
with the
Connection between
garage and house_ This
makes the garage part of
the primary structure;
therefore, it must meet
primary structure
setbacks.
Page 46 of 79
Agenda Item #10.A4.
27 Jan 2025
yard requirements for the principal structure. For through lots that have frontage on Ocean Boulevard
and Beach Avenue, the front yard shall be the frontage that faces Ocean Boulevard. The required front
yard (Ocean Boulevard) is 20 feet and the required rear yard (Beach Avenue) is 20 feet. The proposed
variance request is in the rear yard (Beach Avenue).
Front yard setback
(20 feet)
Connection between
garage and house.
This makes the
garage part of the
primary structure;
therefore, it must
meet primary
structure setbacks.
1
F•
.l_
CoveIedl breezeway attaching house
1 and garage
Existing
3 -car
garage
7.. •I• l 1
VARIANCE REQUEST:
•
0.9' setback to east
property line
Rear yard setback
(20 feet)
•
The applicant is requesting a variance from two sections.
1. Section 24-85(b) which states, "No nonconforming structure shall be expanded or enlarged
unless such expansion or enlargement complies with the terms of this section and other
applicable provisions of this chapter, including without limitation, building setbacks."
2. Section 24-106(e) which states the minimum rear yard setback is 20 feet.
Page 47 of 79
Agenda Item #10.A4.
27 Jan 2025
A nonconforming legal structure is defined as ... "a structure or building which does not conform
to the land development regulations applicable to the zoning district in which the structure is
located, but which was legally established prior to effective date of such land development
regulations." Although the northern addition to the garage was approved through a variance, the
structure is still considered legal nonconforming and any additions beyond the scope of the
original variance requires a new variance.
The variance related to Section 24-106(e) would be to reduce the rear yard setback for the second
story from 20 feet to 0.9'.
The proposed second story garage addition is further expanding a nonconformity.
EXISTING GARAGE FLOOR PLAN
rII .---- ,,_
,_ 1:11
`ti
(I( FiRs FLOOR GARAGE DEMOLITION PLAN
SECOND FLOOR GARAGE DEMOLITION PLAN
PROPOSED GARAGE FLOOR PLAN
GARAGE FIRST FLOOR PLAN
GGARAGE SECOND FLOOR PLAN
Page 48 of 79
Agenda Item #10.A4.
27 Jan 2025
Proposal is to remove existing dormers over
garage and replace with a second -story addition
over the existing nonconforming first story.
Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis,
and shall be approved only upon findings of fact that the application is consistent with the
definition of a variance and consistent with the provisions of this section." According to Section
24-17, Definitions, "[a] variance shall mean relief granted from certain terms of this chapter. The
relief granted shall be only to the extent as expressly allowed by this chapter and may be either
an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation
of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth
in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the
City of Atlantic Beach."
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property
or after
(5) Irregular shape of the property warranting special consideration.
The applicant identified this as a ground for approval. See the application for additional
comments.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Page 49 of 79
2003 GARAGE ELEVAI ION view
from Beach Avenue)
11 ROMR�
,
W.1
WON L.S. ,.
rtr axr, m. wx 1•.
T
LL -:1_.l ! 1 11 ■i
LIU 11111.
CARRIAGE HOVE FRONT ELEVATION
I I'
PROPOSED GARAGE ELEVATION
(view from Beach Avenue)
I I
x awaa.
r✓ z
1 1 1 x •
L' c_x,' I v'L13 .yi
"L.....iR:.TiRC
eau, Se
.:2 - 1 1 3 t ty':3
t:.
� L
EAST ONT ELEVATION
qx a.'i..,4 a3
BUDGET: None
Agenda Item #10.A4.
27 Jan 2025
•
ht41 C]33,3 011CNA4.
RECOMMENDATION: Review and vote on APP25-0001 (an approval of the appeal would
approve the variance (ZVAR24-0015) and a denial would deny the variance)
REQUIRED ACTION:
The Commission may consider a motion to approve APP25-0001/ ZVAR24-0015, request for a
variance to Section 24-85(b) and Section 24-106(e), upon finding this request is consistent with the
Page 50 of 79
Agenda Item #10.A4.
27 Jan 2025
definition of a variance, and in accordance with the provisions of Section 24-65, specifically the
grounds for approval delineated in Section 24-65(c) and as described below:
1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of
the property.
Or,
The Commission may consider a motion to deny APP25-0001/ZVAR24-0015, request for a variance
from Section 24-85(b) and 24-106(e) to reduce the minimum rear yard setback for the second story
garage addition from 20 feet to 0.9, upon finding this request does not meet any of the criteria set
forth in section 24-65(c) nor is consistent with the definition of a variance.
ATTACHMENT(S): Appeal Application
Section 24-85 and 24-106 in the Land Development Code
CDB staff report
Variance Application
CDB Meeting Minutes
REVIEWED BY CITY MANAGER: 0,6
Page 51of79
7ocusign Envelope ID: 85CD3CC3-283A-41 FO-9589-4CC66914D5DD
REQUEST FOR APPEAL
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
-0;099 (P) 904-247-5800
SITE INFORMATION
ADDRESS 223 Ocean Blvd, Atlantic Bch, FL 32233
SUBDIVISION Atlantic Beach
RE# 170194-0000
APPLICANT INFORMATION
NAME Peter Trofimenko
ADDRESS 223 Ocean Blvd
Agenda Item #10.A4.
27 Jan 2025
FOR INTERNAL OFFICE USE ONLY
PERMIT# APP25-0001
❑ $300.00 Application Fee
**Please submit form in person
or to buildna-dent@coab.us
BLOCK 28 LOT 1-3
❑X RESIDENTIAL ❑ COMMERCIAL ❑ OTHER
EMAIL petertro365@gmail.com
CITY Atlantic Beach
PROPERTY LOCATION 223 Ocean Blvd, Atlantic Bch, FL 32233
RE# 170194-0000
STATE FL ZIP CODE 32233
PHONE # 904-203-4133
LOT/PARCEL SIZE 0.44 Acre (127x150)
WHAT ISSUE ARE YOU APPEALING? Zoning Variance Denial
Please see attached
CELL # 703-244-3091
ZONING CODE RS -2
PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING:
"In lieu of signed, sworn and notarized signatures of the property owner, agent and/or contractor, and under penalties of
perjury, I declare that I have read and examined the foregoing application and that the facts stated in it are true and correct."
DocuSigned by:
Pau^ trafiwiuAta
SIGN EM5NPFPUCANT
REQUEST FOR APPEAL 11.19.2024
Peter Trofimenko
PRINT OR TYPE NAME OF APPLICANT
12/6/2024
DATE
Page 52 of 79
Docusign Envelope ID: 85CD3CC3-283A-41F0-95B9-4CC66914D5DD
OWNER'S AUTHORIZATION FOR AGENT
City of Atlantic Beach
n Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
`war' (P) 904-247-5800
OWNER INFORMATION
NAME Peter Trofimenko
ADDRESS 223 Ocean Blvd
CITY Atlantic Beach
AGENT INFORMATION
NAME Ian Brown
ADDRESS 245 Riverside Ave, Suite 100
CITY Jacksonville
STATE FL
STATE FL
Agenda Item #10.A4.
27 Jan 2025
**Please submit form in person
or to buildna-dentc@coab.us
PHONE#
CELL # 703-244-3091
ZIP CODE 32233
PHONE#
CELL # 904-203-4133
ZIP CODE 32202
Ian Brown is hereby authorized to act on behalf of Peter Trofimenko
the owner(s) of those lands described within the attached application and as described in the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
❑ BUILDING PERMIT ❑ USE -BY -EXCEPTION ❑ COMPREHENSIVE PLAN AMENDMENT
❑ TREE PERMIT ❑ ZONING VARIANCE ❑ PLAT, REPLATOR LOT DIVISION
❑ SIGN PERMIT E ZONING MAP AMENDMENT ❑X OTHER Appeal
"In lieu of signed, sworn and notarized signatures of the property owner, agent and/or contractor, and under penalties of
perjury, I declare that I have read and examined the foregoing application and that the facts stated in it are true and correct."
p—Docusigned by:
r 1 RAt-inkb 12/6/2024
Peter Trofimenko
—4452n5R5r:75F44p
SIGNATURE OF OWNER
DocuSigned by:
ta.t& Q. f2rawvA,
SIG\\NAttirtr6F AGINT
OWNERS AUTHORIZATION 11.19.2024
PRINT OR TYPE NAME DATE
Ian Brown
PRINT OR TYPE NAME
12/6/2024
DATE
Page 53 of 79
Docusign Envelope ID: 85CD3CC3-283A-41 F0-95B9-4CC66914D5DD
DS
Agenda Item #10.A4.
27 Jan 2025
Reasons for appeal include, but are not limited to, the following grounds for approval of
Variance:
Exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area
The variance is a zoning requirement for renovation of an existing non-
conforming garage/carriage house with reported constructed date of 1927 or 1936.
Today, the structure is utilized as a garage with accessory dwelling unit (ADU) above.
The ADU is currently occupied, provides multi -generational housing, and facilitates in-
home healthcare options for owner's aging family members. The proposed renovation is
to cure functional obsolescence, steep -pitched roof with sloping walls, low ceilings, and
insufficient headroom.
Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property
As referenced above, the existing structure pre -dates current zoning and land
development code of Atlantic Beach. The proposed renovation is to remodel the 2"
story and cure functional issues with the construction and configuration of the space, so
that family can live on the property and age in place.
The footprint of the existing carriage house/garage will not change/extend towards
Beach Ave, nor will any existing parking be impacted or reduced. The proposed
renovation is consistent with the neighborhood, as well as nearby and adjacent
properties that have similarADUs above garages facing Beach Ave.
Irregular shape of the property warranting special consideration
The subject is a triple -lot corner property (NEQ of Ocean Blvd & 2nd St) with
approx. 0.44 acres and frontage along three (3) streets — Ocean Blvd, 2"d St, and Beach
Ave. These are unique and atypical lot conditions. While the existing carriage
house/ADU along Beach Ave is non -conforming, the property is provides a significant
setback along 2' St, which is approx. 60 feet from the primary home. The property is
not overbuilt, has no other setbacks issues, and satisfies all other zoning code
requirements to allow permitting of the renovation.
Page 54 of 79
Docusign Envelope ID: 85CD3CC3-283A-41 FO-95B9-4CC66914D5DD
DS
Agenda Item #10.A4.
27 Jan 2025
Reasons for appeal include, but are not limited to, the following grounds for approval of
Variance:
Exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area
The variance is a zoning requirement for renovation of an existing non-
conforming garage/carriage house with reported constructed date of 1927 or 1936.
Today, the structure is utilized as a garage with accessory dwelling unit (ADU) above.
The ADU is currently occupied, provides multi -generational housing, and facilitates in-
home healthcare options for owner's aging family members. The proposed renovation is
to cure functional obsolescence, steep -pitched roof with sloping walls, low ceilings, and
insufficient headroom.
Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property
As referenced above, the existing structure pre -dates current zoning and land
development code of Atlantic Beach. The proposed renovation is to remodel the 2nd
story and cure functional issues with the construction and configuration of the space, so
that family can live on the property and age in place.
The footprint of the existing carriage house/garage will not change/extend towards
Beach Ave, nor will any existing parking be impacted or reduced. The proposed
renovation is consistent with the neighborhood, as well as nearby and adjacent
properties that have similarADUs above garages facing Beach Ave.
Irregular shape of the property warranting special consideration
The subject is a triple -lot corner property (NEQ of Ocean Blvd & 2nd St) with
approx. 0.44 acres and frontage along three (3) streets — Ocean Blvd, 2nd St, and Beach
Ave. These are unique and atypical lot conditions. While the existing carriage
house/ADU along Beach Ave is non -conforming, the property is provides a significant
setback along 2nd St, which is approx. 60 feet from the primary home. The property is
not overbuilt, has no other setbacks issues, and satisfies all other zoning code
requirements to allow permitting of the renovation.
Page 55 of 79
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240. § 3(Exh. A), 7-8-19)
Sec. 24-85. - Nonconforming structures and uses.
(a)
Agenda Item #10.A4.
27 Jan 2025
Intent. Within the established zoning districts, there exist structures, and uses of land that were lawful
prior to the adoption or amendment of these land development regulations. Such uses and structures
would be prohibited, restricted or regulated through the provisions of this chapter or the adopted
comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property
owners of existing nonconforming uses and structures, and to permit such nonconformities to continue
in accordance with such rights, but not to otherwise encourage their continued survival. Furthermore,
the presence of any nonconforming characteristic shall not be considered as justification for the
granting of variances, and any nonconforming structure or use, which is made conforming, shall not
be permitted to revert to any nonconforming structure or use.
(b) Nonconforming structures.
(1) No nonconforming structure shall be expanded or enlarged unless such expansion or
enlargement complies with the terms of this section and other applicable provisions of this
chapter, including without limitation, building setbacks. See Figure 6 (Enlarging Non -Conforming
Structures) below.
(2) Any nonconforming structure, or portion thereof, that is declared unsafe by the city building
official, may be restored to a safe condition. Building permits shall be required.
A nonconforming structure may be maintained, and repairs and alterations may be made subject
to the provisions of this section.
(4) No additions, expansions, or accessory structures may be constructed which would expand a
nonconforming use of land.
Any existing nonconforming structure that is encroaching into public right-of-way shall not be
rebuilt, enlarged, or structurally altered unless such encroachment is removed.
(6) The voluntary demolition by the owner of any nonconforming structure or portion thereof shall
constitute evidence of willful abandonment of such nonconformity (ies) and shall not be
reconstructed and all construction thereafter shall comply with the terms of this chapter.
Notwithstanding the foregoing provisions, legal nonconforming residential structures which incur
substantial damage by a natural event may be reconstructed within the previously existing
footprint and height as lawfully permitted prior to the occurrence of the natural event provided that
such reconstruction is started within one (1) year from such natural event and completed within
three (3) years.
(3)
(5)
(7)
PERMITTED EXPANSION AREA A
POTENTIAL EXPANSION
63
Page 56 of 79
Agenda Item #10.A4.
27 Jan 2025
additions/modifications to such structures and improvements shall not exceed the pre-existing
impervious surface percentage, provided the requirements of section 24-89 are met. However,
new development and major remodels shall not exceed fort -five (45) percent regardless of the
existing impervious surface percentage.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
Sec. 24-106. - Residential, single-family district (RS -2).
(a) Intent. The RS -2 zoning district is intended to apply to predominately developed areas of single-family
dwellings with platted lots that are smaller than those in the RS -1 zoning district.
(b) Permitted uses. The uses permitted within the RS -2 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(4) Family day care homes.
(5) Community residential homes, small.
(c) Uses -by -exception. Within the RS -2 zoning district, the following uses -by -exception may be permitted:
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following
requirements. These lots may be developed subject to section 24-84(a) and all other applicable land
development regulations; however, all lots created after January 1, 2002 must comply with these
minimum lot size requirements in order to obtain building permits authorizing development. The
minimum size for Tots within the RS -2 zoning district, shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(4) Notwithstanding subsections 1, 2 and 3, the final lot sizes for new townhouse development
developed in accordance with section 24-86 may be less per unit.
(e) Minimum yard requirements. The minimum yard requirements within the RS -2 zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard:
a. Single-family. Combined fifteen (15) total feet and five (5) minimum feet on either side.
b. Duplex (as permitted by Section 24-86). Seven and one-half (7.5) feet each side.
c. Townhouse (as permitted by Section 24-86).
(1) New construction:
i. Exterior side yard: Seven and one-half (7.5) feet.
78
Page 57 of 79
(f)
Agenda Item #10.A4.
27 Jan 2025
ii. Interior side yard (shared lot line): Zero (0) feet.
(2) Additions to existing townhouse units:
i. Exterior side yard: Seven and one-half (7.5) feet.
ii. Interior side yard: Seven and one-half (7.5) feet for additions that are forward of the
existing front plane of the townhouse unit.
iii. Interior side yard: Zero (0) feet for additions that are behind the existing front plane
of the townhouse unit.
d. Corner lots. The side yard adjacent to a right-of-way containing a street shall be ten (10)
feet.
Where there is a platted building restriction line that is greater than the minimum yards listed above,
the building restriction line shall be enforced.
Building restrictions. Building restrictions within the RS -2 zoning district shall be:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing
structures and improvements on a parcel exceed this applicable percentage,
additions/modifications to such structures and improvements shall not exceed the pre-existing
impervious surface percentage, provided the requirements of section 24-89 are met. However,
new development and major remodels shall not exceed forty-five (45) percent regardless of the
existing impervious surface percentage.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
Sec. 24-107. - Residential, two-family district (RG).
(a) Intent. The RG zoning district is intended for development of low and medium density single-family
and two-family residential uses.
(b) Permitted uses. The uses permitted within the RG zoning district shall be:
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings, subject to density limitations.
(3) Accessory uses as set forth in section 24-151.
(4) Two -unit townhouses, subject to density limitations, compliance with article IV, subdivision
regulations and section 24-88.
(5) Government uses, buildings and facilities.
(6) Family day care homes.
(7) Community residential homes, small.
(c) Uses -by -exception. The following uses may be approved as a use -by -exception within the RG zoning
district.
(1) Child care facilities.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(4) Schools and community centers.
79
Page 58 of 79
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO.
Agenda Item #10.A4.
27 Jan 2025
ZVAR24-0015
Request for a variance to Section 24-85(b) to expand a nonconforming
structure and Section 24-106(e) to exceed the minimum twenty (20) foot rear
yard setback to construct a second story addition over an existing
nonconforming structure at 223 Ocean Boulevard.
LOCATION 223 Ocean Boulevard
APPLICANT Peter Trofimenko
DATE November 13, 2024
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, Peter Trofimenko, is the owner of 223 Ocean
Boulevard. This property is 150 feet wide by 127 feet deep
and is located within the Residential, Single -Family (RS -1)
zoning district. The lot has three street frontages: Ocean
Boulevard to the west, 2°d Street to the south, and Beach
Avenue to the east.
The front of the house is located on Ocean Boulevard and
the detached garage is accessed on Beach Avenue. The
request for the variance is associated with the detached
garage.
In 2003, the property was redeveloped, in which the existing
home was demolished and a new single family home was
constructed. The existing 2 -car garage was expanded to a 3 -car garage with a variance at the same time.
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123
Pictures of Original "Carriage House"
from 2003 Variance Application
21
Page 59 of 79
Agenda Item #10.A4.
27 Jan 2025
The vairnace was to reduce the 20 yard setback along Beach Boulevard in order to expand the garage.
The approval placed the following condition on the property "The garage structure shall not be converted
to a Garage Apartment as sush is defined within Section 24-17 of the Land Development Regulations."
The garage is is original to the property and was developed 0.9' from the eastern property line.
N 83'50'02' E 128.37 (MEASURED)
— s
Covered breezeway attaching house
and garage
LOT 3
BLOCK 28
0.9' setback to east
property line
LOT 1
BLOCK 28
127 09' (MEASURED)
127 20 (PLAT)
SECOND STrREET
0.�
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m
In 2003 the plans also
connected the detached
garage to the house. Per
Section 24-151(h),
accessory structures shall
be at least 5 feet from a
principal structure. Since
the garage is attached
with a covered
breezeway, the structure
is now considered
attached and shall comply
with the yard
requirements for the
principal structure. For
through lots that have
frontage on Ocean
Boulevard and Beach
Avenue, the front yard
shall be the frontage that
faces Ocean Boulevard.
The required front yard
(Ocean Boulevard) is 20
feet the and the required
rear yard (Beach Avenue)
is 20 feet. The proposed
variance is in the rear
yard (Beach Avenue).
The applicant is now
proposing to expand the second story of the detached garage, which requires two variances.
The applicant is requesting a variance from two sections.
1. Section 24-85(b) which states, "No nonconforming structure shall be expanded or enlarged unless
such expansion or enlargement complies with the terms of this section and other applicable provisions
of this chapter, including without limitation, building setbacks."
2. Section 24-106(e) which states the minimum rear yard setback is 20 feet.
A nonconforming legal structure is a structure or building which does not conform to the land development
regulations applicable to the zoning district in which the structure is located, but which was legally
established prior to effective date of such land development regulations. Although the northern addition
Page 2 of 6
Page 60 of 79
Agenda Item #10.A4.
27 Jan 2025
to the garage was approved through a variance, the structure is still considered legal nonconforming and
any additions beyond the scope of the original variance requires a new variance.
The variance related to Section 24-106(e) would be to reduce the rear yard setback for the second story
from 20 feet to 0.9'.
Page 3 of 6
Page 61of79
EXISTING GARAGE FLOOR PLAN f
SII
e
EEL
FIRST FLOOR GARAGE DEMOLITION PLAN
L
II
-
e SECOND FLOOR GARAGE DEMOLITION PLAN
Agenda Item #10.A4.
27 Jan 2025
PROPOSED GARAGE FLOOR PLAN ..
7 I -L_
!I
V) 1 a) GAIVAE FIRST FLOOR PLAN
WAGE SECOND FLOOR PLAN
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Page 4 of 6
Page 62 of 79
2003 GARAGE ELEVATION (view
from Beach Avenue)
APE
10P PL AME
7-b. At!
VJxDOv RG.
G' -G' = r.r. GARAGE 1,
Agenda Item #10.A4.
27 Jan 2025
111
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CARRIAGE HOUSE FRONT ELEVATION
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PROPOSED GARAGE ELEVATION
(view from Beach Avenue)
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EAST FRONT ELEVATION
A2 SCALE:1l4..---
ANALYSIS
Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach."
Section 24-65(c) provides six distinct grounds for the approval of a variance:
Page 5 of 6
Page 63 of 79
Agenda Item #10.A4.
27 Jan 2025
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
(5) Irregular shape of the property warranting special consideration.
The applicant identified this as a ground for approval. See the application for additional comments.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR24-0015, request for a
variance to Section 24-85(b) and Section 24-106(e), upon fmding this request is consistent with the
definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds
for approval delineated in Section 24-65(c) and as described below.
A variance may be granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR24-0015, request for a
variance to Section 24-85(b) and Section 24-106(e).
Page 6 of 6
Page 64 of 79
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME Peter Trofimenko
Agenda Item #10.A4.
27 Jan 2025
FOR INTERNAL OFFICE USE ONLY
PERMIT# ZVAR24-0015
EMAIL petertro365@gmail.com
ADDRESS 223 Ocean Blvd. CITY Atlantic Beach
PROPERTY LOCATION 223 Ocean Blvd. Atlantic Beach, FL 32233
RE# f 7 CJ t 961 —oe oc BLOCK # L
LOT/PARCEL SIZE i9, 17 0 ZONING CODE ES
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION g IA,c✓14- &
PHONE#
STATE FL ZIP CODE 32233
CELL # 703-244-3091
LOT # Lo-t•S (r 2 , 3 86 IG -yr
UTILITY PROVIDER Vi,,,,1 wt2rLw
PROVISION FROM WHICH VARIANCE IS REQUESTED £ ES 0 Z 4 - O09,4s 2erne dt( gar*ge - app ty1 4t, rew akel
'ex154-1:10, ab<ove garage. ADu -to n9 Ke,(0.y(3 < 7'6 aad a) t",., w,Is .✓'e.Tis+ ga. bt/a.
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
D YES [ f NO (if yes, this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning,
Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly
describe and dejct the Variance that is requested.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application 1s scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: One (1) digital copy - additional paper copy is optional.
5. Application fee of $300.00.
1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
—,-C-c; V 1 tJ K\ ; a l'`11
SIG TUREOF PPLICANT PRINT OR TYPE NAME DATE
SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME �y DATE
Signed and sworn before me on this day of L. Lilt G �w by State of [ iiar' i ( C1
1)- (ik tVb1eP1 k (; County of 1.)t
Identification verified: ,t1L
Oath Sworn: 0 Yes ❑ No •j
3 _
19 VARIANCE APPLICATION 08.25.2020
MADISON TAYLOR
Notary Public
State of Florida
Comm# HH174077
Expires 9/9/2025
rG��/f G. t �6,147 ` ('L -G- �,Lt
r
Notary Signature
My Commission expires
Page 65 of 79
Agenda Item #1O.A4.
27 Jan 2025
The following paragraph sets forth reasons for which a Variance may be approved, please check the
circumstances that apply to your request and briefly describe in the space provided.
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
❑ 1. Exceptional topographic conditions of or near the property.
❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
L 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
21 5. Irregular shape of the property warranting special cconsideration.
Loo- is bord;.e -cd en S 5:1144 W C7r, Ci`ii 5-fr 4-j, eKis l -s.1.5 5arexit kc t/a.rcc.
l-ieks }o[btOCg{i4IbK� CgMQ- d.rQ G�4in� ir reo^^- ex ls+v
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6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community
Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6)
months, beyond which time the Variance shall become null and void.
f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
19 VARIANCE APPLICATION 08.25.2020
Page 66 of 79
Agenda Item #10.A4.
27 Jan 2025
Doc # 2018016249, OR BK 18258 Page 720, Number Pages: 2,
Recorded 01/22/2018 02:45 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $18.50 DEED DOC ST $19355.00
Prepared by and return tit:
Bryan C Goode, III
Manager
Marsh Landing Title, LLC
320 1st Street North Suite 613
Jacksonville Beach, FL 32250
904-249-0603
File Number: MLT -18-0011
Will Call No.:
i Spatx Above This Line lin Recording Data I
Warranty Deed
This Warranty Deed made this 14th day of January, 2018 between Hugh A. Carithers and Katherine S. Caritbers,
husband and wife whose post office address is 223 Ocean Blvd., Atlantic Beach, FL 32233, grantor, and Peter
Trofimenko and Anna Trofimenko, husband and wife whose post office address is 3811 14th St. N., Arlington, VA
22201, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the panics to this instrument and the heirs, legal representatives, and assigns of
individuaLs, and the successors and assigns of corporations, trusts and trustee)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee`s heirs and assigns forever, the following described land,
situate, lying and being in Duval County, Florida to -wit:
Lots 1, 2 and 3, Block 28, Atlantic Beach, according to the map or plat thereof, as recorded in Plat
Book 5, Page(s) 69, of the Public Records of Duval County, Florida.
Parcel Identification Number: 170194-0000
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in feu simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the ]awful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2017.
In Witness Wbereof, grantor has hereunto set grantors hand and seal the day and year first above written.
Double rtmea
Page 67 of 79
�i eenared by and return to:
Bryan C. Goode, III
Manager
Marsh Landing Title, LLC
320 1st Street North Suite 613
Jacksonville Beach, FL 32250
904-249-0603
File Number: MLT -18-0011
Will Call No.:
f Space Above This Line For Recording Datal
Warranty Deed
Agenda Item #10.A4.
27 Jan 2025
This Warranty Deed made this 19th day of January, 2018 between Hugh A. Carithers and Katherine S. Carithers,
husband and wife whose post office address is 223 Ocean Blvd., Atlantic Beach, FL 32233, grantor and Peter
Trofimenko and Anna Trofimenko, husband and wife whose post office address is 3811 14th St. N., Arlington, VA
22201, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Duval County, Florida to -wit:
Lots 1, 2 and 3, Block 28, Atlantic Beach, according to the map or plat thereof, as recorded in Plat
Book 5, Page(s) 69, of the Public Records of Duval County, Florida.
Parcel Identification Number: 170194-0000
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2017.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Doubl eTimea
Page 68 of 79
Signed, sealed and delivered in our presence:
Wiimegrgirice: r _ `ode! I'.' Hugh . Cantthers
r L \�
ess Name: Dianna Smith
State of Florida
County of Duval
£LfZ4 sI� - ea
(-
Katherine S. Carithers
Agenda Item #10.A4.
27 Jan 2025
The foregoing instrument was acknowledged before me this 19th day of January, 2018 by Hugh A. Carithers and Katherine S.
Carithers, who L] are personally known or [X] have produced a driver's license as identification.
Notary Public /
Printed Name: '"!r` n C.
My Commission Expires:
[Notary Seal]
4
0'4''., BRYAN C. GOODE Ill
r trli Notary Public - State of Florida
JCommission # FF 214963
d` My Comm. Expires Jul 23. 2019
�'¢°.Vio Bonded through National Notary Man.
Warranty Deed - Page 2 b ou bl eTim ea
Page 69 of 79
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19. SNORING AND BR ACNO PROVE. AND MAINTAIN INTERIOR ANC EXTERIOR SNORING AND
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BEMIRED TOGO ...ATM 'NE SHEATHING AND FINISHES
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P. ITIS BUILBERG RESPONSIBILITY TO ASSURE THAT ALI.IONUF.TUREO ARTICLES, MATER. AND
ECOWMENF ARE APR. INSTALLED, COINECIFD EILECFEO, USFO, CLEAN. AMSTED, OPERATED
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IR ETC. O SCHEDULE M COORONATE THE INSTALLATION OF OWNER PROVOEDITEMS, INCLUDING, BUT
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ALL FLASHING TO MEET FSC RSO91.1. R005.2.0. d R700S
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BUILDING CODE SUMMARY
CODE ENFORCEMENT JURISDICTION:
CITY OF ATLANTIC BEACH
FLORIDA BUILDING CODE • STN EDITION
OCCUPANCY CLASSIFICATION: RESIDENTIAL (R4)
COHETRMCTIDR TYPE: TYPE VA MOOD FRAME
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ELECTRICAL LAYOUT PLAN NOTES:
1. VERIFY ALL EXISTING CONOMONS.
3. CONTRACTOR TO COORDINATE LIGHT MATURE LOCATIONS. ANY DISCREPANCIES SHALL BE COMMUNICATED TO THE
ARCHITECT BEFORE CONSTRUCTION PROCEEDS FOR COORDINATION.
3. LIGHT FIXTURES SHALL BE LOCATED IS CLOSELY AS POSSIBLE TO LOCATIONS SHOWN ON THIS PLAN.
4. FIXTURES SHALL ALIGN WITH OR CENTER ON EACH OTHER OR WITH ADJACENT ARCHITECTURAL ELEMENTS.
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THAT PURPOSE,
10. SWATCHES SHALL TYPICALLY BE MOUNTED 68•AF.F. TO CENTER OF THE SNITCH.
11. SUPPORT ALL FIXTURES FROM STRUCTURE OF BUILDING. REFER TO STRUCTURAL SHEETS FOR SPECIFIC DETAILS AS
REQUIRED FOR SPECIALTY FIXTURES.
12. VERIFY DEVICE 6 PLATE COLORS LITH OWNER OR DESIGNER.
13. VERIFY 1I0NTIH0 TYPE 6 SLMTCHINO.
la. FLUORESCENT WAIN SHALL BE HAMRM WHITE DELUXE. UNLESS OTHERWISE NOTED OR SPECIFIED ON THE SCHEDULE
15. ALL LIGHT BULBS SHALL BE DIMMABLE COMPACT FLUORESCENT OR LED BULBS UNLESS O. ERMISE NOTED.
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DATE ISSUED:
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Present:
MINUTES
Community Development Board (CDB) Meeting
Tuesday, November 19, 2024 - 6:00 PM
City Hall, Commission Chamber
800 Seminole Road, Atlantic Beach, FL 32233
Kirk Hansen, Chair
Angela Farford, Member
Harold Gear, Member
Richard Arthur, Member
Ellen Golombek, Vice Chair
Jeff Haynie, Member
Gregory (Greg) Beliles, Alternate Member
Absent: Jennifer Lagner, Member
Also Present:
Agenda Item #10.A4.
27 Jan 2025
Amanda Askew, Planning & Community Development Dir. (PCDD)
Abrielle Genest, Principal Planner
Valerie Jones, Recording Clerk
Phillip Faires, Acting City Attorney
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Chair Hansen.
2. APPROVAL OF MINUTES
A. Approve minutes of the October 15, 2024 regular meeting of the Community
Development Board.
The minutes were approved.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. 339 llth Street ZVAR24-0014 (Rockaway, Inc.)
Request for a variance from Section 23-33(f)(2)(c) to reduce the minimum on-site
Designated Maritime Species replacement at 339 1 lth Street.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if Staff had a conversation with the applicant about ways to alter the
design and save the trees. Planner Genest said the option was presented to the applicant,
but they chose to go the variance route. Chair Hansen asked if Staff had a disagreement
with the applicant regarding whether a variance was needed or not. Planner Genest said
there was no disagreement. Ms. Golombek asked if the removal of the live oak was
Community Development Board (CDB)
November 19, 2024
Page 1 of 4
Page 76 of 79
Agenda Item #10.A4.
27 Jan 2025
being replaced with palms. Planner Genest said the applicant is proposing to replace
them with 3 10" live oaks.
APPLICANT REPORT: Kathleen Burson introduced herself as the landscape
architect with Rockaway Sustainable Landscaping. She gave a booklet presentation to
the Community Development Board and explained that they were proposing to remove
3 live oaks totaling 147 inches and replace them with 3 live oaks that would be 10 inches
each. Ms. Burson said the existing single story -home would be demolished and replaced
with a 2 -story home. She said they were preserving 11 sabal palms. Ms. Burson said
the roots of one of the existing live oaks is too close to the foundation. She said they
would plant larger oaks, but it would take 2-3 growing seasons for the roots to get
established. Ms. Burson disagreed with the way the City did their calculations stating
that the cross-section measurement was much smaller.
Tom Boniecki introduced himself as the general contractor. He said there are over 16
trees over 10' on the property. Mr. Boniecki said due to the size of the lot there isn't
much room for additional trees. He said that the roots of the trees are under the
foundation becoming a structural liability. Ms. Golombek asked if the roots were coming
up through the foundation. Mr. Boniecki said they are cracking the foundation and
raising the dirt up on the side of the house. Mr. Gear asked if the applicant could do 3
12" trees. Ms. Burson said they would like to do 10" trees because if they were to fall it
would a lot less impact.
Dr. William Carriere, the property owner, said he is a tree lover but everyone he talked
to said the trees would die if they cut down through the roots to do a deeper foundation
for a 2 -story home.
Director Askew said the variance request cannot include how the trees are measured
because this is a different section of the Code, and it was not included with the legal
advertisement. She said that if the applicant wanted to challenge the way the trees are
measured then that would be a different process that would go before the Environmental
Stewardship Committee.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment.
Joe O'Conor of 350 11th Street introduced himself as a neighbor. He talked about all of
the trees that have been cut down in his neighborhood while hearing about protecting the
tree canopy. Mr. O'Conor was not in favor of the approval of this request.
Anastasia Houston introduced herself as representing the Environmental Stewardship
Committee. She said the ESC voted unanimously to ask the CDB to reject the approval
of this variance request. Ms. Houston relayed that the ESC didn't see any grounds for
approval according to the grounds for decision.
BOARD DISCUSSION: Ms. Golombek asked if Staff approved the removal and
replacement of the palms. Planner Genest said there wasn't an approved mitigation but
what the applicant was proposing regarding the palms is acceptable. Ms. Golombek
didn't realize you could plant on your neighbor's property. Planner Genest said there is
Community Development Board (CDB)
November 19, 2024
Page 2 of 4
Page 77 of 79
Agenda Item #10.A4.
27 Jan 2025
a provision in the Code as long as you have written consent from that neighbor. Mr.
Arthur asked for confirmation on whether the request was just for the 13.5 inches on the
oak. Planner Genest confirmed it was.
MOTION: To DENY ZVAR24-0014 due to the request not meeting any of the grounds for
approval
Motion: Jeff Haynie
Second: Ellen Golombek
Kirk Hansen For
Angela Farford For
Harold Gear Against
Richard Arthur For
Ellen Golombek (Seconded By) For
Jeff Haynie (Moved By) For
Gregory (Greg) Beliles For
Motion passed 6 to 1.
B.
223 Ocean Boulevard ZVAR24-0015 (Peter Trofimenko)
Request for a variance to Section 24-85(b) to expand a nonconforming structure and
Section 24-106(e) to exceed the minimum twenty (20) foot rear yard setback to construct
a second story addition over an existing nonconforming structure at 223 Ocean
Boulevard.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if the applicant was asking for exactly what the prior variance
condition said to not do. Director Askew said that was correct. Mr. Arthur asked it this
was the same request that was asked for in 2003. Director Askew said in 2003 the request
for a variance for the northern portion of the garage was to expand a non -conforming
structure but keep it at one level. She said the current request would encroach into the
setback since it is now connected with a breezeway which requires a 20 feet rear yard
setback. Mr. Arthur asked about the definition of a garage apartment now that it is
connected. Director Askew said it is no longer considered a detached garage apartment
because it is connected to the primary structure. She said detached 2 -story garage
apartments are limited to 600 square feet and have to be accessed by a driveway, can't
exceed 25 feet in height, they have to be 20 feet from the front and 10 feet from the rear
and 20 feet from the principal structure. However, this garage is connected to the
principal structure, so it requires a 20 foot setback.
APPLICANT REPORT: Mr. Trofimenko introduced himself as the applicant and
property owner. He said his parents currently live in the garage apartment. Mr.
Trofimenko said that the sloped roof makes it difficult to stand up, so they are trying to
correct that.
Community Development Board (CDB)
November 19, 2024
Page 3 of 4
Page 78 of 79
To DENY ZVAR24-0015 due to the request not meeting any of the grounds for
Agenda Item #10.A4.
27 Jan 2025
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: Mr. Gear compared the request to a previous request where
the applicant had to shrink the second story to meet the setback requirement. Mr. Beliles
asked since there is already an existing footprint are they allowed to expand. Director
Askew said yes but the new portion would need to meet the current setbacks. Mr. Haynie
said he didn't see any grounds for approval.
MOTION:
approval.
Motion: Jeff Haynie
Second: Gregory (Greg) Beliles
Kirk Hansen For
Angela Farford Against
Harold Gear For
Richard Arthur Against
Ellen Golombek For
Jeff Haynie (Moved By) For
Gregory (Greg) Beliles (Seconded By) For
Motion passed 5 to 2.
5. REPORTS
Director Askew encouraged the Board to fill out the survey for the Community Action Plan that
was sent to them in an email.
6. PUBLIC COMMENT
There were no public comments.
7. ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 6:56 p.m.
Attest:
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
November 19, 2024
Page 4 of 4
Page 79 of 79