2-10-25 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, February 10, 2025 - 6:00 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 Town Hall meeting held on January 25, 2025.
1-25-25 Town Hall Draft Minutes
5 - 22
*
1.B.
Approve minutes of the Regular Commission Meeting held on January 27, 2025.
1-27-25 Regular City Commission Draft Minutes
23 - 90
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
*
3.A.
Accept the 90-Day Calendar (Feb. - April 2025)
90-Day Calendar (Feb. - April 2025)
91 - 94
3.B.
Draft eBike legislation
Draft eBike legislation
95 - 109
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
*
8.A.
RESOLUTION NO. 25-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING A CONSTRUCTION
111 - 125
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Regular City Commission - 10 Feb 2025
AND MAINTENANCE AGREEMENT (ATTACHMENT A) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION PERTAINING TO IMPROVEMENTS CITY OF
ATLANTIC BEACH-OWNED RIGHT-OF-WAY ON PLAZA AT MAYPORT ROAD/STATE
ROAD A1A IN ATLANTIC BEACH; AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY CONTRACTS AND PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 25-13
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 20-25-177, Public Hearing and Final 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
127 - 129
9.B.
ORDINANCE NO. 95-25-125, Introduction and First Reading
AN ORDINANCE TO AMEND CHAPTER 5 (BEACHES AND PARKS), ARTICLE III
(PUBLIC PARKS), TO ADD A NEW SECTION 5-34 ESTABLISHING RULES AND
REGULATIONS FOR CONDUCTING 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.
Ordinance No. 95-25-125
131 - 135
*
9.C.
ORDINANCE NO. 5-25-71, Introduction and First Reading
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REPEALING PORTIONS OF PREVIOUS RESOLUTIONS REGARDING THE
CREATION OF THE ARTS, RECREATION, AND CULTURE COMMITTEE; CHANGING
THE TITLE OF CHAPTER 5 TO BEACHES, PARKS AND RECREATION WITH THE
PURPOSE OF ESTABLISHING PROVISIONS GOVERNING THE ARTS, RECREATION,
AND CULTURE COMMITTEE INCLUDING: PURPOSE; MEMBERSHIP; TERMS OF
MEMBERSHIP; FILLING OF VACANCIES; REMOVAL OF MEMBERS; DUTIES AND
RESPONSIBILITIES; CITY STAFF ADMINISTRATIVE SUPPORT; PROCEDURES AND
RULES; ORGANIZATION OF OFFICERS AND LIABILITY TO CITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ordinance No. 5-25-71
137 - 150
*
9.D.
ORDINANCE NO. 95-25-124, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND THE
NATURAL ENVIRONMENT, DIVISION 3. – PERMITS, SEC. 23-23.- PERMITS
151 - 178
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Regular City Commission - 10 Feb 2025
PROCEDURES, AND SEC. 23-25.- APPEALS; AMENDING DIVISION 6.-VIOLATIONS,
ENFORCEMENT AND PENALTIES BY MOVING SEC. 23-52.-, ENVIRONMENTAL
STEWARDSHIP COMMITTEE-INTENT, INTO A NEW DIVISION 7, ENTITLED
ENVIRONMENTAL STEWARDSHIP COMMITTEE, AND RENUMBERING WITH NEW
SECTIONS, 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. 95-25-124
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, visit
www.coab.us/live.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
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Town Hall
January 25, 2025
MINUTES
Town Hall Meeting
Saturday, January 25, 2025 - 10:00 AM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
Invocation and Pledge of Allegiance
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 10:02 AM.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1 (At Large)
Bruce Bole, Commissioner - Seat 2 (District 1308)
Thomas Grant, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Ladayija Nichols, Deputy City Clerk (DCC)
Victor Gualillo, Police Chief (PC)
1 TOPICS FOR DISCUSSION AND PUBLIC COMMENT
Seminole Road/Plaza/Sherry Drive roundabout feasibility study
Martha Moore and Ryan Thady gave a presentation (which is attached hereto and made
a part of this official record as Attachment A). They also responded to questions from
the Commission, staff, and attendees.
The following speakers provided their comments to the public:
Steve Bildman
Mitch Reeves
Lisa Herrold
Steve Hauenstein
Sarah Boren
Patrick Rose
Steve Fouraker
Susan Grube
Non-Identified Speaker
Carolyn Zisser
Penny Rauckis
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10 Feb 2025
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Town Hall
January 25, 2025
Brinkley Harrell
Donald Campbell
1-25-25 Attachment A
eBike safety
The Commission and audience briefly went outside for an eBike demonstration.
PC Gualillo gave a presentation (which is attached hereto and made a part of this official
record as Attachment B), and answered questions from the Commission and attendees.
The following speakers provided their comments to the public:
Carolyn Zisser
Elliot Zisser
Lisa Herrold
Sarah Boren
Steve Fouraker
Brinkley Harrell
The Commission reached a CONSENSUS for the CM and PC Gualillo to present a
preliminary ordinance for discussion at the Regular Commission Meeting on February
10, 2025.
1-25-25 Attachment B
2 PUBLIC COMMENT - OPEN TOPICS
None.
ADJOURNMENT
The meeting adjourned at 12:12 PM.
Attest:
Ladayija Nichols, Deputy City Clerk Curtis Ford, Mayor
Date Approved:______________________
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Regular City Commission
January 27, 2025
MINUTES
Regular City Commission Meeting
Monday, January 27, 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)
Amanda Askew, Planning & Community Development Dir. (PCDD)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission Meeting held on January 13, 2025.
The Commission approved the minutes as submitted.
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
The following speakers provided their comments to the public:
George Garcia
Rick Craven
Stephen Fouraker
Lisa Herrold
Brinkley Harrell
Page 1 of 68
Agenda Item #1.B.
10 Feb 2025
Page 23 of 178
Regular City Commission
January 27, 2025
Susanne Barker presented a handout to the Commission (which is attached hereto and
made part of this Official Record as Attachment A).
Nancy Staats
Sarah Boren
Mitch Reeves
1-27-25 Attachment A
3. CITY MANAGER REPORTS
3.A. Fiscal Year 2022-23 Financial Statement and Independent Auditor's Report.
Link to FY 22-23 Auditors Report
Ron Whitesides presented as detailed in a slideshow presentation (which is attached
hereto and made part of this Official Record as Attachment B).
1-27-25 Attachment B
3.B. Accept the 90-Day Calendar (Jan. - Mar. 2025)
There was a CONSENSUS to accept the 90-Day Calendar.
3.C. Consideration of legislation regarding the conduct of business activities in parks
and facilities.
There was a CONSENSUS to proceed with sending this legislation to the Arts,
Recreation, and Culture Commitee (ARCC) before adoption.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
The following Commissioners provided reports:
Commissioner Bole
Commissioner Grant
Commissioner Kelly
Commissioner Ring
Mayor Ford
There was a CONSENSUS for the CM to install ropes on the dunes.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
6.A. Authorize the City Manager to sign the Third Amendment to Radio Services
Agreement between the City of Atlantic Beach and the City of Jacksonville.
6.B. Approve Resolution No. 25-09.
MOTION: To agree to the Consent Agenda to include (Resolution No.) 25-09.
Page 2 of 68
Agenda Item #1.B.
10 Feb 2025
Page 24 of 178
Regular City Commission
January 27, 2025
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.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 25-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING A SETTLEMENT AGREEMENT (ATTACHMENT A) BETWEEN
THE CITY AND GPS HOLDING GROUP, LLC; AUTHORIZING THE MAYOR
TO EXECUTE THE SETTLEMENT AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Approve Resolution No. 25-12.
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.
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.
The public hearing was opened, there we no speakers, and the public hearing was closed.
Page 3 of 68
Agenda Item #1.B.
10 Feb 2025
Page 25 of 178
Regular City Commission
January 27, 2025
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 For
Jessica Ring Against
Motion passed 4 to 1.
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.
The public hearing was opened, there we no speakers, and the public hearing was closed.
MOTION: Adopt 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
Motion passed 5 to 0.
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.
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Agenda Item #1.B.
10 Feb 2025
Page 26 of 178
Regular City Commission
January 27, 2025
MOTION: Approve Ordinance No. 20-25-177 (on first reading).
Motion: Bruce Bole
Second: Jessica Ring
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly For
Jessica Ring (Seconded By) For
Motion passed 5 to 0.
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.B. City Attorney Procedural Reminders
CA Gabriel explained the procedures as detailed in the agenda packet.
10.C. Swearing in of all persons who will speak
CC Bartle administered the oath to all speakers.
10.D. City Staff Overview
PCDD Askew gave a presentation (which is attached hereto and made part of this
Official Record as Attachment C) and answered questions from the Commission.
1-27-25 Attachment C
10.E. Disclosure of Ex Parte Communications, if any
The Commission indicated that there were no disclosures.
10.F. Applicant Presentation
Ian Brown, applicant representative, gave a presentation (which is attached hereto and
made part of this Official Record as Attachment D).
1-27-25 Attachment D
10.G. Public Comments
The following speakers provided their comments to the public:
Rick Craven
Page 5 of 68
Agenda Item #1.B.
10 Feb 2025
Page 27 of 178
Regular City Commission
January 27, 2025
Chris Thomassy
Alan Winter
Brinkley Harrell
CC Bartle administered the oath to additional speakers.
Peter Trofimenko
10.H. Closing Comments/Rebuttal
PCDD Askew provided closing comments and answered questions from the
Commission.
Ian Brown provided closing comments and answered questions from the Commission.
10.I. Commission Deliberation and Action
MOTION: Approve request for both variances.
Motion: Thomas Grant
Curtis Ford Against
Bruce Bole Against
Thomas Grant (Moved By) For
Candace Kelly Against
Jessica Ring Against
Motion failed 1 to 4.
MOTION: Deny the request for both variances.
Motion: Candace Kelly
Second: Jessica Ring
Mayor Ford discussed how challenging the decision was.
Commissioner Bole discussed the challenges involved in making the decision.
Commissioner Ring agreed with Commissioner Bole's perspective.
Commissioner Grant expressed that he believed this met the third criteria and expressed his
support for it.
Curtis Ford For
Bruce Bole For
Thomas Grant Against
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Agenda Item #1.B.
10 Feb 2025
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Regular City Commission
January 27, 2025
Candace Kelly (Moved By) For
Jessica Ring (Seconded By) For
Motion passed 4 to 1.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Gabriel
Informed that public hearing notices would be published in the Jacksonville Daily
Record. He also mentioned that the City would be creating a website link to make all
hearing notices easily accessible.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
The following provided reports:
Commissioner Bole
Commissioner Ring
CM Killingsworth
13. ADJOURNMENT
The meeting adjourned at 9:08 PM.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved: ________________
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Agenda Item #1.B.
10 Feb 2025
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Agenda Item #1.B.
10 Feb 2025
Page 30 of 178
ENVIRONMENTAL
STEWARDSHIP
COMMITTEE
City of Atlantic Beach
Unanimous Motion Regarding ESC's PROPOSED 2025 Priorities & Event
(prin ted on tree free kenaf paper)
After seeking community input and each ESC member sharing their priorities, the ESC discussed and
unanimously voted to present the following proposed priorities, events, and education/outreach efforts to
Commission and City Staff for approval to focus on and achieve in 2025 :
PROPOSED 2025 Priorities & Actions
MARITIME CANOPY
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
• Plant More --Continue giveaways, promote tree adoptions more, and work with city staff regarding
street, park and city construction projects . Activate a successful tree campaign with the goal of 200 trees
planted in 2025.
• Research, Plan & Report-Research Best Practices & Plan: Develop, propose, and , if approved by
Commission, implement a long-term tree plan that includes projecting future needs such as replacement
for aging & dying trees, developing a calendar, list of locations, and estimated cost for tree planting in
parks, public spaces and along streets and rights-of-way Report: a) Create a robust quarterly tree report
that includes tree fund expenses and income, number of permits, number of arborist letters, number of
enforcement in cidents, number of mitigated trees planted, etc. b) Develop and maintain ongoing
reporting mechanisms that share with the AB community the health and status of tree canopy and how
residents can engage and/or communicate possible violations and/or solutions to the city.
PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION
• lncentivize & Preserve Mature Trees-a) Propose incentive programs to encourage developers and new
homeowners to save trees versus removing them; b) Create, propose, and , if approved by Commission,
implement a pilot Heritage Tree Grant program to be reevaluated annually to be funded by the Tree
Mitigation Fund .
• Dutton Island Trees-Research cause for trees dying, possible solut ions and make recommendations
ON GOING ITEMS
• Educate/lobby/outreach regarding tree canopy preservation and benefits of trees
• Update/refine Chapter 23 annually (Ql -ideally before budget season)
• Learn best practices from other cities/counties in Florida and beyond
Partner with universities, nonprofits, and subject matter experts where appropriate and possible
• Maintain "Tree City USA" status
Attachment A to
1-27-25 Minutes
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Agenda Item #1.B.
10 Feb 2025
Page 31 of 178
PARKS & OPEN SPACES
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
• Complete approved mini edible orchard pilot and fund maintenance from Tree Mitigation Fund
pending Public Works irrigation water decision and final donated design .
• Research best practices and solutions for marsh and wetland protection. Work toward s restoring and
maintaining critical wetlands and marshes.
• Reduce invasives --Continue to reduce invasive species in our dune s, wetlands, marshes, and parks
• Stewards of the Park Program --Coordinate a "Stewards/Friends of the Park " prog r am
PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION
Dora Street --Propose recommendations for Dora Street property to be both a usable park and a
stormwater retention pond
100 W 1 st Street Community Center-Propose recommendations to renovate to green and resilient
standards and serve as a model demonstration building that educates the public about what is possible
and inspires other AB buildings to do the same .
Parks Master Plan -Propose recommendations to staff and Commission regarding environmental
steward ship of parks, open spaces , and facilities .
Improve signage-Propose recommendations for improved signage in our parks
Eliminate cat problem -Research best practices and propose recommendations to address major cat
· problem on Dutton Island which is killing many birds and other natural wildlife
ON GOING ITEMS
• Increase access to and quantity of green spaces
• Keep diversity of parks -Work to keep passive parks passive and multi-purpose park s yet not over
programed to the detriment of the park(s)
• Enhance connectivity and walkability between parks and open spaces
• Educate/outreach about the benefits of parks and open spaces
BEAUTIFICATION
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
• Update Seminole & Atlantic Entrance -Work with volunteer landscape expert working closely with staff
and propose estimated cost of tree and landscaping replacement from Tree Mitigation Fund
• Mayport Road Construction -Work with staff and FDOT to in corporate trees, landscaping, and energy
efficient lighting lining Mayport Road and East Coast Greenway.
• Enhance public spaces --Assess opportunities in public rights of way, roadsides, City buildings, beach
accesses and other publicly held properties with art, carefully maintained landscape design and
plantings to attract pollinators and birds using native, Florida -friendly plants, and city plant palette,
water conservation, and limited chemicals .
• Bee City Designation -Work with staff to seek Bee City USA designation
PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION
Flyover & Mayport Road AB Entrances & Major Intersections -Understand staff constraints and goals
and propose recommendations for beautification
Attachment A to
1-27-25 Minutes
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Agenda Item #1.B.
10 Feb 2025
Page 32 of 178
Reduce blight-Review recommendations on how to redu ce the number and appearance of
degraded/blighted properties, parks , and open spaces
Learning gardens -Propose recommendations for learning gardens throughout the city
ON GOING ITEMS
Input from Commission on their priorities and ideas for beautification
Input from Stewards of the Parks regarding continuous improvement on beautification
Educate/outreach about benefits of low impact beautification
ENVIRONMENTAL STEWARDSHIP
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
Commission 2024-2025 Priorities--Help staff achieve their Commission priorities : a) identify marsh
priority projects consistent with the Adaptation Plan update by August 2025 ; b) identify sustainability
goals for City projects, City buildings, and City land ; c) develop an implementation schedule for
Connect ivity Plan and CIP adjustments; d) 15% residential water conservation goal per theN FL Water
Supply Plan
• Reduce use of biocides through education and case stud ies .
PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION
• LEED Recertification & Sustainability and Resilience Community Action Plan (S&RCAP)-Seek staff and
Commission alignment around LEED recertification and an updated SRCAP that is incorporated into staff
workplans.
• Voluntary Resilient & Green Building Ordinance-Propose recommendations for a voluntary resilient &
green bu i lding ordinance that will help property owners protect their asset(s), save money and
resources, and avoid need for rebuilding.
Flooding & Stormwater Management Plan -Research best practices, work with staff and consultant(s),
and make recommendations to ensure AB has sufficient stormwater storage and mitigates inland
flooding during extreme weather into future.
• Local Green Business Program-Partner with a local nonprofit on voluntary green business program to
save money, resources, reduce waste , energy, and water, increase education and awareness, and build
community.
• Reclaimed Water -Propose recommendations about reclaimed water opportunities in our community.
Floating Solar-Review opportunities for a pilot floating solar array in a retention pond .
ON GOING ITEMS
• Continue to work on LEED certification and S&RCAP implementation where possible
PROPOSED2025EVENTS
• Educational Speaker Series (Monthly)
• Community Service Days (Quarterly)-Edible Orchard Planting; Howell Park Planting; Brazilian Peppe r
Tree Tides View; Weed Wrangle Air Potato Howell Park ; Clean Up Partnerships
• Film Series (Quarterly I Bi -annually)
Attachment A to
1-27-25 Minutes
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Agenda Item #1.B.
10 Feb 2025
Page 33 of 178
• Awards (January/February)
• Arbor Day Tree Giveaway (January 12)
• Arbor Day (January 17)
• Earth Day (April 27 Farmers Market)-Monarch Pledge , Bee City, and Orchard Opening
• October Tree Giveaway (October)
• Household Hazardous Waste, Electronics Recycling & Paper Shredding Partner Event (Q3)
• Annual Community Input Meeting re: ESC Priorities for the Next Year (Q4 ; Oct/Nov)
EDUCATION, OUTREACH & AWARENESS EFFORTS
Regular "Did You Know" social media postings
Content for City newsletter (monthly)
• Content for City website
• AB GreenCorps Volunteers
• Small hyperlocal conversations/chats in each district
Tabling at other events and farmers' market
• Presentations at partner events like Beaches Watch --build visibility, trust, and momentum
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Agenda Item #1.B.
10 Feb 2025
Page 34 of 178
Environmental Stewardship Committee 's Charge in Municipal Code Chapter 23
23-52. -Environmental stewardship committee-Intent
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village. The tree canopy creates beauty,
provides a home for wildlife, functions as an element of the water management system and enhances property values. It is in the
best interest for this committee to be the stewards of the tree canopy through advocacy, assessment. maintenance, planting and
preservation of this natural resource. The city parks provide open spaces for recreation, exercise , wildlife habitat, relaxation and
encounters with the natural world. This committee intends to support the community to provide a variety of park spaces that are well
maintained, accessible and secure. This committee shall take the lead and set high community standards in the beautification and
maintenance of public spaces located within the city. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a
great deal of influence on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city. The
care and health of the coast and marsh must be paramount in every recommendation made by this committee about the use of our
land, water system and tree canopy.
(PURPOSE 1) To study and make recommendations to the
city commission and city staff with respect to the city's:
a. Maritime forest;
b. Parks and open spaces;
c. Beautification of public and private spaces
d. Environmental stewardship.
(PURPOSE 2) To act as a motivating and coordinating
body to encourage joint public and private participation
in promoting these purposes.
(SCOPE) Environmental stewardship committee-Scope of activities. The environmental stewardship committee shall provide
guidance and support o the city commission and city manager and, upon request by the city commission or city manager, shall
provide written recommendations, in the following area ...
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41' I MARITIME FOREST COMMUNITY ACTION PLAN TARGET: Increase and maintain healthy, diverse
(species, age, location) tree canopy to 40% and strive for a zero net loss of
Ordinance states ESC provide guidance and support on:
a. STRENGTHEN : Clarifying and strengthen ing the city 's
processes and all tree and landscape related city codes
and ordinances ;
b. MON ITOR: Mon itoring the appropriate adm inistration
and enforcement of the city 's ordinances ;
c. TRANSPARENT : Promoting transparency through
onl ine access to relevant information ;
d. EDUCATE : Developing and ma intain ing env ironmenta l
education and outreach programs about the maritime
forest and relevant codes ;
e. PLANT WELL : Promot ing appropr iate plant ing and care
of trees on pr ivate property to owners , de velopers ,
builders , and tree/landscape service contractors ;
f. PLAN : Develop ing and ma inta ining a long-term tree
plan tha t includes an assessment of the tree canopy ,
projecting future needs , and develop ing a calendar and
budget for tree planting in parks , pub lic spaces and
along streets and rights-of-way ;
g. ADVOCATE : Promot ing tree canopy advocacy including
uphold ing the city 's status as a bona fide Tree City USA
h. REVIEW : Deve lop ing a process for systemat ic, review
of the city 's enforcemen t of the ex ist ing tree codes ,
incl ud ing the long-term health of trees planted for
mitigat ion ; and
i. REPORT : Developing and maintaining a process for
citizens to commun icate possib le violations to the cit y.
PROPOSED 2025 Priorities & Actions
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
Plant More •• Continue giveaways , promote tree adoptions more , and work with city staff regarding street, park and city
construction projects. Activate a successful tree campaign with the goal of 200 trees planted in 2025.
• Research, Plan & Report-Research Best Practices & Plan: Develop , propose , and , if approved by Commission ,
implement a long-term tree plan that includes projecting future needs such as replacement for aging & dying trees ,
developing a calendar , list of locations , and estimated cost for tree planting in parks , public spaces and along streets and
rights-of-way Report: a) Create a robust quarterly tree report that includes tree fund expenses and income, number of
permits , number of arborist letters , number of enforcement incidents , number of mitigated trees planted, etc . b) Develop
and maintain ongoing reporting mechanisms that share with the AB community the health and status of tree canopy and
how residents can engage and/or communicate possible violations and/or solutions to the city .
PROPOS E RECOMMENDATION S FOR STAFF & COMMISSION
lncentivize & Preserve Mature Trees-a) Propose incentive programs to encourage developers and new homeowners to
save trees versus removing them ; b) Create , propose , and , if approved by Commission , implement a pilot Heritage Tree
Grant program to be reevaluated annually to be funded by the Tree Mitigation Fund .
Dutton Island Trees-Research cause for trees dying , possible solutions . and make recommendations
ON GOING ITEMS
• Educate/lobby/outreach regarding tree canopy preservation and benefits of trees
• Update/refine Chapter 23 annually (01 -ideally before budget season)
• Learn best practices from other cities/counties in Florida and beyond
• Partner with universities , non profits , and subject matter experts where appropriate and possible
• Maintain "Tree City USA" status
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Page 14 of 68Agenda Item #1.B.10 Feb 2025Page 36 of 178
I
TARGETS: 1) Ensure 95% residential addresses are located within a Y2 mile of an open space. 2) Develop and enhance connectivity and 4ft PARKS & OPEN SPACES walkability between the majority of parks and open spaces within city to at least 90%. 3) Provide publicly accessible green space area and
o maintain protected natural resource acreage at 15% or more of total city area .
Ordinance states ESC provide guidance and support on:
a. PLAN : Develop in g and mainta ining a long-range plan to
pro tec t, improve and beaut ify park spaces ;
b. ACCESS : Im pro vin g access to and amen ities for parks
including disab ility accommodations , bike paths ,
park ing , signage and othe r user-friend ly features ;
c. EXPAND : Expanding the city 's inventory of parks and
conservat ion land through acquis ition or other means ;
and
d. EDUCATE : Mainta ining a web-based , pub li cly
access ible inventory of parks including their history ,
archeo logica l value , rules of use , deed restrict ions and
conservation easements .
PROPOSED 2025 Priorities & Actions
PROPO SED ESC DIRECT WORK WITH STAFF SUPERVISION
Complete approved mini edible orchard pilot and fund maintenance from Tree Mitigation Fund pending Publ ic
Works irrigation water decision and final donated design .
Research best practices and solutions for marsh and wetland protection. Work towards restoring and
maintaining critical wetlands and marshes .
Reduce invasives-Continue to reduce invasive species in our dunes , wetlands , marshes , and parks
Stewards of the Park Program--Coordinate a "Stewards/Friends of the Park" program
PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION
Dora Street--Propose recommendations for Dora Street property regarding trees to be cleared , usable park and
a stormwater retention pond
100 W 1st Street Community Center-Propose recommendations to renovate to green and resilient standards
and serve as a model demonstration building that educates the public about what is possible and inspires other
AB buildings to do the same .
Parks Master Plan -Propose recommendations to staff and Commission regarding environmental stewardship
of parks , open spaces , and facilities .
Improve signage-Propose recommendations for improved signage in our parks
Eliminate cat problem-Research best practices and propose recommendations to address major cat problem
on Dutton Island which is killing many birds and other natural wildlife
ON GOING ITEMS
• Increase access to and quantity of green spaces
• Keep diversity of parks-Work to keep passive parks passive and multi-purpose parks yet not over programed to
the detriment of the park(s)
• Enhance connectivity and walkability between parks and open spaces
• Educate/outreach about the benefits of parks and open spaces
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Page 15 of 68Agenda Item #1.B.10 Feb 2025Page 37 of 178
~ I BEAUTIFICATION COMMUNITY ACTION PLAN TARGET: Reduce use of harmful chemicals and biocides by 90% by 2050
Ordinance states ESC provide guidance and support on:
a. ENHANCE : Enhancing publ ic spaces , includ ing publ ic
rights-of-way , roads ides , city bu ildings , beach accesses
and other publicly held properties with art , carefully
mainta ined landscape design and plantings ;
b. INCENT & ADVOCATE: lncentiviz ing and advocat ing
for beautification of private and commercia l spaces ;.
c. REDUCE BLIGHT : Reducing the number and
appearance of degraded or blighted properties ; and .
d. COHESIVE LOOK : Deve loping a design
theme /commun ity brand ing for signage , bus shelters ,
li ghting and other elements of the bu ilt environmen t.
PROPOSED 2025 Priorities & Actions
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
Update Seminole & Atlantic Entrance-Work with volunteer landscape expert working closely with staff and
propose estimated cost of tree and landscaping replacement from Tree Mitigation Fund
Mayport Road Construction-Work with staff and FOOT to incorporate trees , landscaping , and energy
efficient lighting lining Mayport Road and East Coast Greenway .
• Enhance public spaces--Assess opportunities in public rights of way , roadsides , City buildings , beach
accesses and other publicly held properties with art , carefully maintained landscape design and plantings to
attract pollinators and birds using native , Florida-friendly plants , and city plant palette , water conservation , and
limited chemicals.
Bee City Designation-Work with staff to seek Bee City USA designation
PROPOSE RECOMM ENDATION S FOR STAFF & COMMISSION
Flyover & Mayport Road AB Entrances & Major Intersections-Understand staff constraints and goals
and propose recommendations for beautification
Reduce blight-Review recommendations on how to reduce the number and appearance of
degraded/blighted properties , parks , and open spaces
Learning gardens-Propose recommendations for learning gardens throughout the city
ON GOING ITEMS
Input from Commission on their priorities and ideas for beautification
• Input from Stewards of the Parks regarding continuous improvement on beautification
• Educate/outreach about benefits of low impact beautification
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Page 16 of 68Agenda Item #1.B.10 Feb 2025Page 38 of 178
~ l itr:£~~~-S~~M~:N.I A_~· .. s:T~~~RD.~HIP COMMUNI~_ACTION PLAN TARGET: Achieve LEED ~e~~rtifica~tion :.~ery ~~~~-a:s with in:pro~ed score
.rtJ.~'lj;:~~~fl!..~~~~.~~.,-,..,...'1" <o.f .. l :'-¥1 • li'~f" • f' < .t , , " "· ~, ., < ' N <•,-"'"~' .~'-l.. ""'d -~~If>.,..~_. ~L .. -<«• ... -.~..._~
Ordinance states ESC provide guidance and support on:
a. BEST PRACTICES : Ut ili zing best practices , including a
science-based approach , when making any decision
about development and its impact on our environment ;
b. PROTECT : Protecting the beach , dunes , marshlands
and wetlands as critica l defenses in hurricane , erosion
and flooding conditions ;
c. COMMUNICATE : Communicating the dynamics of tida l
drainage and floodpla in with the goal of preserving the
city's flood management system ;
d. REVIEW & ENSURE : Reviewing the city 's
environmental codes and ensur ing enforcement of rules
including , but not limited to , dumping , septic tanks and
commercial pollution ; and
e. MAINTAIN : Reviewing , updating and maintaining the
Marsh Master Plan for adherence to current research
about sea level change and wetlands preservation .
PROPOSED 2025 Priorities & Actions
PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION
Commission 2024-2025 Priorities --Help staff achieve their Commission priorities : a) identify marsh priority
projects consistent with the Adaptation Plan update by August 2025 ; b) id ent ify susta inability goals for City projects ,
City buildings, and City land ; c) develop an impl emen tation schedule for Connectivity Plan and CIP adjustments; and
d) 15% residential water conservation goal per the N FL Water Supply Plan
Reduce use of biocides through education and case studies.
PROPOSE RECOMM ENDATIONS FOR STA FF & COMMISSION
LEED Recertification & Sustainability and Resilience Community Action Plan (S&RCAP)-Seek staff and
Commission alignment around LEED recertification and an updated SRCAP that is incorporated into staff workplans .
Voluntary Resilient & Green Building Ordinance-Propose recommendations for a voluntary resil ient & green
building ordinance that will help property owners protect their asset(s), save money and resources , and avoid ne ed
for rebuilding .
Flooding & Stormwater Management Plan -Research best practices, work with staff and consultant(s), and make
recommendations to ensure AB has sufficient stormwater storage and mitigates inland flooding during extreme
weather into future .
• Local Green Business Program-Partner with a loc al nonprofit on voluntary green business program to save
money, resources, reduce waste , energy , and water, incre ase educat ion and awareness, and build community.
Reclaimed Water-Propose recommendations about reclaimed water opportunities in our community .
Floating Solar-Rev iew opportunities for a pilot floating solar array in a retention pond .
ON GOING IT EMS
Continue to work on LEED certification and S&RCAP implementation where possible
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~~~ I COORDINATING & MOTIVATING BODY TO ENCOURAGE JOINT PUBLIC AND PRIVATE PARTICIPATION
PROPOSED 2025 EVENTS
• Educational Speaker Series (Monthly)
• Community Service Days (Quarterly)-Edible Orchard
Planting ; Howell Park Planting; Brazilian Pepper Tree
Tides View ; Weed Wrangle Air Potato Howell Park ; Clean
Up Partnerships
• Film Series (Quarterly I Bi-annually)
• Awards (February 26)
• Arbor Day Tree Giveaway (J anuary 12)
• Arbor Day (J anuary 17)
• Earth Day (April 27 Farmers Market)-Monarch Pledge ,
Bee City , and Orchard Opening
• October Tree Giveaway (Octob er)
• Household Hazardous Waste , Electronics Recycling &
Paper Shredding Partner Event (Q3)
• Annual Community Input Meeting re : ESC Priorities for
the Next Year (Q4 ; OcUNov)
OTHER EDUCATION , OUTREACH & AWARENESS EFFORTS
Regular "Did You Know" social media postings
Content for City newsletter
Content for City website
AB GreenCorps Volunteers
Small hyperlocal conversations/chats in each district
Tabling at other events and farmers ' market
Presentations at partner events like Beaches Watch, Fletcher High School to build awareness and trust
Attachment A to
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Page 18 of 68Agenda Item #1.B.10 Feb 2025Page 40 of 178
Resilient Jacksonville, released in October 2023, looks to the future of our
city for the next 50 years and establishes an ambitious framework for tackling
complex challenges over the coming decades. The strategy leans on sound
science and data as the foundation for planning and decision-making to ensure
actions today meet the needs of tomorrow. As the City continues to embrace
change from increasing and uncertain risks, Jacksonville is well on its way
to achieving its vision as a more resilient city that proactively adapts, fosters
healthy communities and environments, expands opportunities, and builds for
the future.
Over the past year, the City has been working diligently to implement this
vision, using a science-based approach to prioritizing actions and investments.
The newly established Office of Resilience has added capacity and expertise to
lead the implementation of Resilient Jacksonville with the same rigor as used in
the development of the strategy. In the first year alone, the City has fostered a
culture of resilience and moved swiftly to implement actions, with 38 of the 45
actions currently underway.
Jacksonville’s innovative approach to resilience has established it as a national
leader in the field. In this capacity, the City has prioritized sharing best
practices and lessons learned in addressing flooding and urban heat issues
with communities across Florida and the country. The City is dedicated to
maintaining partnerships, advancing actions, and remaining on the cutting
edge of resilience. We look forward to continuing the momentum towards
building a resilient Jacksonville with you.
OCTOBER 2024
ANNUAL
UPDATE
RESILIENTJACKSONVILLE
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Agenda Item #1.B.
10 Feb 2025
Page 41 of 178
Resilience Approaches and Actions
that focus on residents, communities,
businesses, organizations, and partnerships.
Total Actions
16
Actions In Progress
13
Adaptation Approaches and Actions that
can be implemented at the scale of
a single asset or site.
Total Actions
9
Actions In Progress
7
Adaptation Approaches and Actions that
work across multiple sites at a neighborhood,
corridor, landscape, or regional scale.
Resilience Funding To-Date
Includes but not limited to
Total Actions
20
Actions In Progress
18
RESILIENT JACKSONVILLE BY THE NUMBERS
Systems PeopleSites
Resilient Florida
Grant Program
$38.7M
Florida Department of
Environmental Protection
Climate Pollution
Reduction Grant
$1MEnvironmental Protection Agency
Heat Watch Study
$12K
National Oceanic and
Atmospheric Administration
Community Wildfire
Defense Grant
$250KU.S. Forest Service
Regional
Catastrophic
Preparedness
Grant Program
$1M
Federal Emergency
Management Agency
Safe Streets and
Roads for All
$1.3M
U.S. Department
of Transportation
Smart Surfaces Coalition
$10MNational League of Cities
(technical assistance)
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Agenda Item #1.B.
10 Feb 2025
Page 42 of 178
Compound Flood Model
& Real-Time Forecasting
The Office of Resilience is working with a
team of experts to develop a compound flood
model to measure the combined impacts of
coastal surge, tidal fluctuations, riverine flooding,
and inland stormwater flooding. The model will provide
Jacksonville with the most advanced flood data in the
country, identify the most flood-prone areas of the city,
and guide project development.
• The compound flood model will run 10,000 probabilistic
flood scenarios, which incorporate current conditions and
future projections based on the best available science.
• The model will inform a real-time forecasting system
that can anticipate where flooding is likely to occur in
advance of a storm and guide emergency response
and evacuations.
Land Development Regulation Update
The Office of Resilience is working with the Planning
Department to update the City’s land development
regulations to incorporate resilience. The update is aimed at
encouraging development in areas of the city that are most
prepared to accommodate our growing population safely.
Resilient development is a crucial step towards reducing
future vulnerability to flooding and other hazards.
• The updated regulations will incentivize smart and
climate-adaptive development in areas of the city
with lower risk of flooding and where multi-modal
transportation options are available.
• The project is supported by a team of consultants and
an advisory group made up of developers, development
attorneys, engineers, affordable housing, community
and environmental advocates.
Urban Forestry Management Plan
The Office of Resilience is leading the development of
Jacksonville’s first Urban Forestry Management Plan to
guide the protection and expansion of Jacksonville’s tree
canopy. The plan is being developed in coordination with the
Jacksonville Tree Commission, parks and public works staff,
community stakeholders, and guided by a team of experts.
• The plan will identify new planting zones and detail
the proper management, regulation, and preservation
decisions needed to ensure the long-term success of
tree planting projects.
• The plan will help address the public health implications
of extreme heat and target tree plantings in the areas
of the city most in need of heat mitigation.
Extreme Temperature EOC Standards
The Office of Resilience is partnering with the Emergency
Preparedness Division of the Jacksonville Fire and Rescue
Department to develop standards and procedures for
responding to extreme heat and freeze events. This project
will ensure a swift and coordinated response to extreme
temperature events, in much the same manner that we
respond to other threats like hurricanes.
• The project is supported by a $1M Regional
Catastrophic Preparedness Grant from FEMA.
• The procedures developed will guide the activation
of the Emergency Operation Center for a coordinated
city-wide response to extreme temperature events.
KEY PROJECTS
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Agenda Item #1.B.
10 Feb 2025
Page 43 of 178
1 Guide future growth in areas that are at low risk and well-connected to infrastructure.
1.1 Update the City's land development regulations.
1.2 Facilitate strategic infill development in areas of low flood risk.
1.3 Incorporate resilience considerations into future land use.
2 Ensure infrastructure investments are aligned with land use priorities for growth and conservation.2.1 Ensure infrastructure investments are aligned with land use priorities for growth and conservation.
5 Update public works design standards to account for climate change impacts and support resilient infrastructure development.
5.1 Align above-ground and below-ground infrastructure specifications and review process.
5.2 Update the standard details and specifications for City of Jacksonville street designs.
5.3 Incorporate green infrastructure features into drainage specifications.
6 Create connected and multimodal transportation options.
6.1 Increase public transit service and ridership.
6.2 Strengthen first and last mile connections to transit.
6.3 Increase bicycle ridership through bike share and e-bike incentives.
7 Build ecological and recreational connections across Jacksonville's parks and open spaces.
7.1 Support the continued buildout of and safe connections to the Emerald Trail System.
7.2 Support the expansion of Jacksonville’s regional trail system.
7.3 Connect open spaces and ecosystems to establish habitat corridors and improve water management.
8 Make room for the river and tributaries.
9 Develop a green infrastructure program across Jacksonville based on the best available stormwater science and data.
10 Expand Jacksonville’s tree canopy.
10.1 Plant more climate-adaptive trees to increase shade and ecosystem value.
10.2 Develop an Urban Forest Management Plan.
10.3 Improve the City’s engagement with neighborhoods on the management and expansion of
Jacksonville’s tree canopy.
11 Ensure water and energy utilities can meet the growing demands of the future.11.1 Support the implementation and regular updating of JEA’s Integrated Resource Plans.
12 Preserve ecologically important areas with the capacity to manage water and mitigate extreme heat.12.2 Support strategic land acquisition for conservation.
13 Improve land management and stewardship to enhance ecosystem value, improve public safety, and reduce wildfire risk.
13.2 Manage invasive species and nuisance animals
13.3 Manage forests to reduce wildfire risk.
14 Discourage new development in current and future high-risk areas and mitigate downstream impacts in the watershed.
15 Enhance ecosystem and community health by improving water, soil, and air quality.15.1 Improve watershed health and water quality.
16 Invest strategically in hardened shorelines.16.1 Manage publicly owned bulkhead heights in accordance with best available flood data.
17 Identify shorelines where natural and nature-based solutions can provide long-lasting ecosystem service benefits.
17.1 Conduct research and analyses to identify waterfront edges most suitable for natural and
nature-based solutions.
17.2 Address shoreline erosion in coastal parks.
18 Improve digital security of critical assets and infrastructure from cyberattacks.
19 Strengthen emergency response and evacuation plans.19.1 Routinely refine the city’s hurricane evacuation zones based on the best available data.
19.3 Create plans for extreme heat and freeze events
20 Strengthen Jacksonville’s lifelines and supply chains to withstand extended disruptions to regular operations and commerce.20.2 Maintain commerce into and out of the city through partnerships with the Port and other agencies.
21 Expand retrofit programs for residential and commercial buildings to improve building energy performance, storm fortification, cooling, and stormwater detention.
21.2 Leverage federal funding to improve community awareness of lower-cost floodproofing,
heat, and energy performance upgrades.
21.4 Explore retrofits for stormwater ponds.
22 Implement resilient standards and codes for existing and new construction.22.3 Develop design standards and guidelines for riverfront properties to accommodate flooding.
23 Maximize the resilience of City-owned buildings and assets.23.1 Conduct energy benchmarking on City buildings.
24 Invest strategically in existing parks to increase stormwater management capacity and reduce urban heat.24.1 Align resilience actions with the forthcoming Master Recreation Improvement Plan.
24.2 Create multi-beneficial park amenities with intentional stormwater retention.
25 Repurpose vacant land for uses that best support resilience goals.
26 Retrofit parking lots and impervious surfaces to reduce urban heat and increase stormwater infiltration and storage.
27 Harden vulnerable critical assets to mitigate damage from hazards and ensure continuity of operations.27.1 Fortify City-owned assets, such as evacuation roads and bridges.
27.2 Work with utilities and independent agencies to identify and fortify their vulnerable critical assets.
30 Strengthen the citywide response to extreme heat and other public health emergencies.
30.1 Expand JaxReady alert system for high heat days
30.2 Extend open hours and access to cooling infrastructure and air-conditioned public facilities during high heat days.
31 Increase mental and physical health and well-being across Jacksonville through tailored resource delivery.31.1 Support the Blue Zones Project to improve community health and wellbeing.
33 Develop, implement, and monitor plans in support of eliminating all bicycle and pedestrian deaths in Jacksonville.
33.1 Complete a Vision Zero Action Plan with a goal of zero traffic fatalities and serious injuries among all roadway users by 2035.
33.2 Complete and update additional plans in support of the VZAP, including the Pedestrian and Bicycle Master Plan, Pedestrian Safety Action Plan, and Mobility Plan.
34 Strengthen community cohesion in all of Jacksonville’s neighborhoods through quality public spaces, events, and activities.
35 Engage Jacksonville’s youth to guide future resilience and climate action.35.2 Incorporate resilience education and materials into Jacksonville youth programs.
38 Market Jacksonville’s resilient business climate to attract new companies and investment.
39 Address rising flood and homeowners’ insurance costs by investing in risk reduction.39.1 Maintain participation in FEMA’s CRS program to lower flood insurance premiums based on
risk reduction activities.
40 Establish an Office of Resilience to facilitate the ongoing implementation of Resilient Jacksonville.
40.1 Facilitate interdepartmental and interagency collaboration throughout City government and
with external partners.
40.2 Use the best available science and data to inform decisions.
41 Expand community knowledge and participation in resilience actions.41.1 Coordinate with local organizations, including nonprofits and philanthropy.
41.2 Coordinate public education and engagement activities.
42 Coordinate resilience actions and policies across agencies and relevant independent authorities.
43 Develop a Climate Action Plan that aligns Jacksonville’s resilience goals with actions to promote sustainability.43.1 Lead the development of a Climate Action Plan for the North Florida region through the EPA
Climate Pollution Reduction Grant.
44 Support regional resilience efforts.
45 Coordinate and leverage resilience investments with federal partners and resources, including military partners.45.1 Leverage federal data, tools, and other resources.
45.2 Build relationships with military and other federal partners to maximize resilience investments.
RESILIENT JACKSONVILLE ONGOING ACTIONS
Attachment A to
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Agenda Item #1.B.
10 Feb 2025
Page 44 of 178
CITY OF ATLANTIC BEACH
Audit Results for the
Fiscal Year Ended
September 30, 2023
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Audit Engagement – What Did We Do?
Financial Audit
Financial Statements and Independent Auditor’s Report
Internal Controls and Compliance Affecting
Financial Reporting
Examination of Compliance with CSLFRF Program
Examination of Compliance with Florida Statute on Investment of
Public Funds
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Auditor’s Reports
Matter Conclusion
Auditor’s Opinion on Financial
Statements and Notes
•Fairly stated in all material respects
•Unmodified Opinion (“Clean” Opinion)
•Includes an Emphasis of Matter Paragraph re Prior Year Error
Internal Control, Compliance, and
Other Matters required to be
reported under Government Auditing
Standards
•Identify 2 Internal Control Over Financial Reporting
Recommendations:
•2023-1 Financial Close and Reporting
•2023-2 Bank Reconciliations
•No material instances of noncompliance or other matters
Compliance with CSLFRF Program •The City complied, in all material respects, with compliance
requirements tested
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Auditor’s Reports
Matter Conclusion
Compliance with F.S. 218.415 •The City complied, in all material respects, with compliance
requirements for local government investments
Management Letter in accordance
with Chapter 10.550, Rules of the
Auditor General
•No current year findings or recommendations
•No finding of financial emergency
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Significant Estimates and Judgments
Certain aspects of accounting are more qualitative and thus require more judgment and
estimation by management. The following items represent the most significant estimates:
•Depreciation Expense and Accumulated Depreciation
•Allowance for Uncollectible Accounts
•Compensated Absences Liability
•Net Pension Liability, Expense and Related Deferred Outflows and Inflows of Resources
•Net OPEB Liability, Expense and Related Deferred Outflows and Inflows of Resources
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Significant Audit Matters
Matter Conclusion
Accounting Policies •Adopted GASB 96, SBITA’s; no affect on financial statements
•No transactions noted for which there is a lack of authoritative
guidance
Financial Statement Disclosures •The disclosures are neutral, consistent, and clear
•Significant disclosures: Pension Plans
Adjustments Detected by the Audit
Process
•Significant audit correcting entries were made to expenditures,
payables, investments, accounts receivable, revenues and deferred
revenues
Difficulties Encountered in Performing
the Audit
•Completion of the audit was delayed awaiting necessary audit
documentation
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Financial Highlights – General Fund
2023 2022 Change
Revenues
Taxes 8,533,023 8,009,856 523,167
Licenses and Permits 1,093,728 1,097,637 (3,909)
Intergovernmental 2,544,905 2,740,162 (195,257)
Charges for Services 1,059,239 847,851 211,388
Fines and Forfeitures 147,426 234,136 (86,710)
Other 439,701 (106,621) 546,322
Total Revenues 13,818,022$ 12,823,021$ 995,001$
Expenditures
General Government 3,393,168 3,012,693 380,475
Public Safety 7,304,630 6,816,042 488,588
Transportation 1,753,398 1,503,867 249,531
Culture and Recreation 1,529,465 1,491,759 37,706
Capital Outlay 786,754 751,127 35,627
Total Expenditures 14,767,415$ 13,575,488$ 1,191,927$
Net Transfer In (Out)2,362,056$ 2,564,997$ (202,941)$
Net Change in Fund Balance 1,412,663$ 1,812,530$ (399,867)$
Attachment B to
1-27-25 Minutes
Page 29 of 68Agenda Item #1.B.10 Feb 2025Page 51 of 178
Financial Highlights – General Fund
2023 2022 Change
Total Assets 11,893,225$ 10,571,747$ 1,321,478$
Total Liabilities 716,564$ 807,749$ (91,185)$
Fund Balance
Nonspendable 202,242 91,906 110,336
Restricted 122,500 - 122,500
Assigned 4,094,674 5,515,325 (1,420,651)
Unassigned 6,757,245 4,156,767 2,600,478
Total Fund Balance 11,176,661$ 9,763,998$ 1,412,663$
Unassigned FB as a % of
Total Expenditures 46%31%
Attachment B to
1-27-25 Minutes
Page 30 of 68Agenda Item #1.B.10 Feb 2025Page 52 of 178
Financial Highlights – Enterprise Funds
2023 2022 Change
Revenues
Utilities 10,497,967 10,575,661 (77,694)
Stormwater 903,456 909,139 (5,683)
Sanitation 2,057,453 2,023,972 33,481
Building Code Enforcement 526,012 473,873 52,139
Total Revenues 13,984,888$ 13,982,645$ 2,243$
Expenses
Personnel 2,981,390 2,333,190 648,200
Other Operating Costs 5,219,035 4,052,701 1,166,334
Intergovernmental Charges 1,661,982 1,807,939 (145,957)
Depreciation 2,392,811 2,482,375 (89,564)
Total Expenses 12,255,218$ 10,676,205$ 1,579,013$
Operating Income 1,729,670$ 3,306,440$ (1,576,770)$
Nonoperating Revenue (Expense)223,888$ (665,760)$ 889,648$
Chng in NP Before Capital Contributions 1,953,558$ 2,640,680$ (687,122)$
Development Charges & Capital Grants 690,177$ 972,038$ (281,861)$
Net Transfers In (Out)532,975$ 496,886$ 36,089$
Change in Net Position 3,176,710$ 4,109,604$ (932,894)$
Attachment B to
1-27-25 Minutes
Page 31 of 68Agenda Item #1.B.10 Feb 2025Page 53 of 178
Financial Highlights – Enterprise Funds
2023 2022 Change
Assets
Current Assets 16,834,268 17,139,248 (304,980)
Restricted Assets 2,883,148 2,825,069 58,079
Capital Assets & Deferred Outflows 36,550,302 35,050,136 1,500,166
Total Assets and Deferred Outflows 56,267,718$ 55,014,453$ 1,253,265$
Liabilities
Current Liabilities 3,091,804 3,375,841 (284,037)
Non-current Bonds, Notes and Other 7,750,940 9,618,829 (1,867,889)
Pension, OPEB and Deferred Inflows 2,405,733 2,069,914 335,819
Total Liabilities and Deferred Inflows 13,248,477$ 15,064,584$ (1,816,107)$
Net Position
Net Investment in Capital Assets 25,625,960 22,748,281 2,877,679
Restricted 3,050,379 2,455,901 594,478
Unrestricted 14,342,902 14,745,687 (402,785)
Total Net Position 43,019,241$ 39,949,869$ 3,069,372$
Unrestricted NP as a
% of Total Expenses 117.0%138.1%
Attachment B to
1-27-25 Minutes
Page 32 of 68Agenda Item #1.B.10 Feb 2025Page 54 of 178
Financial Highlights – Pensions
General Police
Additions
Contributions 926,050 1,313,200
Investment Earnings 2,937,968 2,896,387
Total Additions 3,864,018$ 4,209,587$
Deductions
Benefit Payments 2,003,249 693,226
Administrative Expenses 36,135 33,983
Total Deductions 2,039,384$ 727,209$
Change Net Position 1,824,634$ 3,482,378$
Investment Rate of Return 14.05%13.02%
Actuarial Rate of Return 6.75%6.75%
Attachment B to
1-27-25 Minutes
Page 33 of 68Agenda Item #1.B.10 Feb 2025Page 55 of 178
Financial Highlights – Pensions
General Police
Assets
Cash and Investments 23,817,373 16,232,048
Other Assets 54,552 34,781
Total Assets 23,871,925$ 16,266,829$
Total Liabilities -$ 3,151$
Net Assets Held for Pension Benefits 23,871,925$ 16,263,678$
Total Pension Liability at 9/30/23 25,540,642$ 17,916,032$
Funded % at 9/30/23 93.5%90.8%
Funded % at 9/30/22 86.3%83.5%
Attachment B to
1-27-25 Minutes
Page 34 of 68Agenda Item #1.B.10 Feb 2025Page 56 of 178
purvisgray.com
Attachment B to
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Page 35 of 68Agenda Item #1.B.10 Feb 2025Page 57 of 178
Page 36 of 68
Agenda Item #1.B.
10 Feb 2025
Page 58 of 178
Request to appeal the order of denial of ZVAR24-
0005 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 over an existing nonconforming structure
at 223 Ocean Boulevard.
APP24-0001
223 Ocean Boulevard
Attachment C to
1-27-25 Minutes
Page 37 of 68Agenda Item #1.B.10 Feb 2025Page 59 of 178
Background
Community Development Board (CDB) denied the
applicant’s request for variance from 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 over an existing
nonconforming structure
Public hearing was held by the CDB on November 19, 2024
The CDB 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.
Attachment C to
1-27-25 Minutes
Page 38 of 68Agenda Item #1.B.10 Feb 2025Page 60 of 178
Site Context and Details
This large property has frontages
on Ocean Boulevard, Beach
Avenue, and 2nd Street
Standard rectangle shaped lot
(not irregular) however, it is the
largest property on the block
The principal structure fronts
Ocean Blvd and the garage is
accessed on Beach Ave.
Lot is 150 feet wide by 127 feet
deep
Located in the Residential, Single-
Family (RS-1) zoning district
Attachment C to
1-27-25 Minutes
Page 39 of 68Agenda Item #1.B.10 Feb 2025Page 61 of 178
Attachment C to
1-27-25 Minutes
Page 40 of 68Agenda Item #1.B.10 Feb 2025Page 62 of 178
Background
In 2003, a new
single-family home
was built on the
property. The
owners at the time
kept the garage
that is original to
the property.
A variance to
reduce the 20-ft
rear yard setback
along Beach Ave.
was granted in
order to expand
the 2- car garage
to the north.
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.”
Attachment C to
1-27-25 Minutes
Page 41 of 68Agenda Item #1.B.10 Feb 2025Page 63 of 178
Background
During construction, a covered breeze way was built connecting the main house and the garage, therefore, the structure
is considered attached and shall comply with the yard requirements for the principal structure.
Attachment C to
1-27-25 Minutes
Page 42 of 68Agenda Item #1.B.10 Feb 2025Page 64 of 178
Background
During construction, a covered breeze way was built connecting the
main house and the garage, therefore the structure is considered
attached and shall comply with the yard requirements for the
principal structure.
Front yard – Ocean Blvd.
20 foot setback
Rear yard- Beach Ave.
20 foot setback
The existing garage is
located, 0.9 feet from the
eastern property line 0.9’ setback to east
property line
Covered breezeway attaching house
and garage
Existing 3-
car garage
Attachment C to
1-27-25 Minutes
Page 43 of 68Agenda Item #1.B.10 Feb 2025Page 65 of 178
Existing
Garage
Beach AveAttachment C to
1-27-25 Minutes
Page 44 of 68Agenda Item #1.B.10 Feb 2025Page 66 of 178
Attachment C to
1-27-25 Minutes
Page 45 of 68Agenda Item #1.B.10 Feb 2025Page 67 of 178
2003 GARAGE ELEVATION (view
from Beach Avenue)
PROPOSED GARAGE ELEVATION
(view from Beach Avenue)
Attachment C to
1-27-25 Minutes
Page 46 of 68Agenda Item #1.B.10 Feb 2025Page 68 of 178
Proposed Work & Need for Variance
The applicant is proposing to expand the second story of the garage,
which requires 2 variances:
REQUEST 1
Section 24-85(b): “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.”
EXISTING GARAGE FLOOR PLAN PROPOSED GARAGE FLOOR PLAN
Attachment C to
1-27-25 Minutes
Page 47 of 68Agenda Item #1.B.10 Feb 2025Page 69 of 178
Proposed Work & Need for Variance
REQUEST 2
Section 24-106(e)
states the minimum
rear yard setback is 20
feet.
Continue the
nonconforming garage
vertically
Attachment C to
1-27-25 Minutes
Page 48 of 68Agenda Item #1.B.10 Feb 2025Page 70 of 178
Considerations
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.
In 2003, a condition of approval was placed on the variance stating
“The garage structure shall not be converted to a Garage Apartment
as such is defined within Section 24-17 of the Land Development
Regulations.”
Attachment C to
1-27-25 Minutes
Page 49 of 68Agenda Item #1.B.10 Feb 2025Page 71 of 178
Grounds for Decision
APPOVAL- existence of one or
more of the following Section 24-65 (c)DENIAL-
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 improvement 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.
Review and vote on APP25-001 (an approval would approve ZVAR24-
0005 and a denial would not approve ZVAR24-0005)
The Commission may consider
a denial upon finding that
none of the requirements in
24-65 (c) exist.
Attachment C to
1-27-25 Minutes
Page 50 of 68Agenda Item #1.B.10 Feb 2025Page 72 of 178
TABLE OF CONTENTS:
EXECUTIVE SUMMARY
EX H IB ITS
Aerial of Subject
Survey
Garage Images (lnt & Ext)
Beach Ave Garage Apts
Approval Criteria
Support Letters
VARIANCE APPEAL
223 OCEAN BLVD
Attachment D to
1-27-25 Minutes
Page 51 of 68Agenda Item #1.B.10 Feb 2025Page 73 of 178
EXECUTIVE
SUMMARY
Summary of facts and requested relief below-
• Large lot-Subject is large corner lot , totaling 0.44 acres (Very uncommon triple lot)
• 3 Frontage Streets-Subject has frontage on Ocean Blvd , 2n d Street, and Beach Ave (garage faces Beach Ave)
• Old Garage/Predates Code -Subject garage estimated age of construction 1927-1936
• 2nd Story over garage currently exists-Survey identifies "2-Story Frame Garage "
• 2nd Story currently an apartment-Aging family member currently occupies apt above subject garage
• 2nd Story Configuration Requires Modernization -See Exhibit/Photos (Steep sloping walls , functional obsolescence )
• Complies with 45% coverage ratio-No relief sought for coverage
• Complies with 25' height limit -No relief sought for height (before and after)
• Rare "Old Atlantic Beach" structure -warrants deviation from strict interpretation of code to prevent demolition
• Not Crowded or Overbuilt-Corner lot has atypical greenspace along 2 nd Street parcel boundary (approx . 50x127 of greenspace)
• Significant Greenspace -Corner location and undeveloped greenspace mitigates any visual or perceived "crowding" of the site
• Garage Apartment(s) are Very Common on Beach Ave-28 GARAGE APTS (2 Story) on Beach Ave between Ahern & 7th
• Facilitates Multi-Generational Housing and Desire to "Age in Place"-Consistent with trending public policy to relax ADU regulation
• COB Variance Hearing Split Vote-COB was split (5-2) and applicant did not articulate all the criteria he satisfies
Attachment D to
1-27-25 Minutes
Page 52 of 68Agenda Item #1.B.10 Feb 2025Page 74 of 178
EXHIBIT
SURVEY
Large 3 Lot
Corner Parcel
,. N 83"50'07" f.
000
OJ <
BLOCK 28
129.15' (PLA -)
128.37' (fJE/\SLRED)
(j )A/:'.1'~--
s 83"48 "00" w 127 09 " (fJLASURED)
12/20' (PI AT)
SFCOI\D s~RFFT
(•u·~ICT .AV')
~"'' ''""'"
Attachment D to
1-27-25 Minutes
Page 53 of 68Agenda Item #1.B.10 Feb 2025Page 75 of 178
EXHIBIT-SUBJECT GARAGE AS SEEN FROM BEACH AVE
4
Attachment D to
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Page 54 of 68Agenda Item #1.B.10 Feb 2025Page 76 of 178
EXHIBIT-SUBJECT GARAGE APT INTERIOR PHOTOS
Attachment D to
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Page 55 of 68Agenda Item #1.B.10 Feb 2025Page 77 of 178
EXHIBIT-SUBJECT GARAGE APT INTERIOR PHOTOS
Attachment D to
1-27-25 Minutes
Page 56 of 68Agenda Item #1.B.10 Feb 2025Page 78 of 178
EXHIBIT-BEACH AVE GARAGE APTS (AHERN TO 7TH ST)
Attachment D to
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Page 57 of 68Agenda Item #1.B.10 Feb 2025Page 79 of 178
EXHIBIT-BEACH AVE GARAGE APTS (AHERN TO 7TH ST)
Attachment D to
1-27-25 Minutes
Page 58 of 68Agenda Item #1.B.10 Feb 2025Page 80 of 178
SUMMARY TABLE
Subject
BEACH AVE GARAGE APTS (AHERN TO 7TH ST)
Address
51 Beach Ave
63BeachAve
99 Beach Ave
109 Beach Ave
133 Beach Ave
149 Beach Ave
150 2nd (Beach Ave Garage Apt)
Beach Ave & 2nd*
239 Beach Ave
261 Beach Ave
275 Bea ch Ave
42 3rd (Beach Ave Garage Apt)
307 Beach Ave
343 Bea ch Ave
399 Beach Ave
407 Bea ch Ave
465 Beach Ave **
445th (Be.achAveGarageApt)
525 Beach Ave
541 Beach Ave
555 Beach Ave
631BeachAve ..
659 Beach Ave
675 Beach Ave
Ave rage
Med ian
Distance (in ft rounded to 0 .5)-Beach Ave Pave ment Ed ge to Structure
24
20
18
31
33
11
17.5
11
15.5
17
11
31
11
12 .5
12.5
13.5
21
19
16.5
12.5
31.5
16.5
14.5to16.5
17.5
10.5 (wa ll) 21 (Apt)
18.1
16.75
*appears to be converted garage/2-story apt at hard corner
** large/3baygarage
Observab le Trend -Older Structures Closer to Beach Ave
Comparable 3 Ba y Apt
Attachment D to
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Page 59 of 68Agenda Item #1.B.10 Feb 2025Page 81 of 178
PHOTO SUMMARY -BEACH AVE GARAGE APTS (AHERN TO 7TH ST)
Attachment D to
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Page 60 of 68Agenda Item #1.B.10 Feb 2025Page 82 of 178
PHOTO SUMMARY -BEACH AVE GARAGE APTS (AHERN TO 7TH ST)
Attachment D to
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Page 61 of 68Agenda Item #1.B.10 Feb 2025Page 83 of 178
PHOTO SUMMARY -BEACH AVE GARAGE APTS (AHERN TO 7TH ST)
Attachment D to
1-27-25 Minutes
Page 62 of 68Agenda Item #1.B.10 Feb 2025Page 84 of 178
CRITERIA FOR APPROVAL OF APP25-0001/ZVAR24-005
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 . YES
(4) Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property. YES
(5) Irregular shape of the property warranting special consideration. YES
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Aoorove APP25-0007/ZVAR24-005 ..
Attachment D to
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Page 63 of 68Agenda Item #1.B.10 Feb 2025Page 85 of 178
CRITERIA FOR APPROVAL OF APP25-0007/ZVAR24-005
(3) Except iona l circumstances prevent ing the reasonab le use of the property as compared to other properties in the
area. YES
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.
Approve APP25-0007/ZVAR24-005
Attachment D to
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Page 64 of 68Agenda Item #1.B.10 Feb 2025Page 86 of 178
CRITERIA FOR APPROVAL OF APP25-0007/ZVAR24-005
(4) Onerous effect of regulations enacted after platt in g or after deve lopmen t of the property or after construction of
improve me nt s upon the property. YES
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 similar ADUs above garages facing Beach Ave .
Approve APP25-0007/ZVAR24-005
Attachment D to
1-27-25 Minutes
Page 65 of 68Agenda Item #1.B.10 Feb 2025Page 87 of 178
CRITERIA FOR APPROVAL OF APP25-0001/ZVAR24-005
(5) Irregular sha pe of t he property warranti ng sp ec ial co nsid e rati o n . YES
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.
Aoorove APP25-0007/ZVAR24-005
·~
Attachment D to
1-27-25 Minutes
Page 66 of 68Agenda Item #1.B.10 Feb 2025Page 88 of 178
EXHIBIT-NEIGHBOR IN SUPPORT (NOT IN ATTENDANCE)
To: Oty Commission
From : Ken and Kelly B<<Nm~ {fi3;)
Re: Item No : APP25-0001-Ap~ the COB decision for ZVAR24-0015
223 Ocean Boulevard
Applicant Peter Trofimenko
Date: January 20, 2025
To Whom It May Concern:
We received notice of this hearins because we are within 300 feet of the address, above.
While we cannot attend the meetln& we are writlns in advance to say:
1. We have no objection to the applicant's appeal.
2. We support Applicant's request because his proposed addition would ~ntesrate
homogenously with the exlstins structures similarly located in the immediate area.
Attachment D to
1-27-25 Minutes
Page 67 of 68Agenda Item #1.B.10 Feb 2025Page 89 of 178
EXHIBIT-NEIGHBOR IN SUPPORT (NOT IN ATTENDANCE)
Item No: APP25-0001 -Appeal re: ZVAR24-0015 Decision -Neighbor Input
From : Andy Pitler (atpitlerOyahoo.com)
To: aaskewOcoab.us
Date: Saturday, January 25, 2025 at 11 :26 AM EST
Amanda, please add this message to the appropriate file for this public hearing as I will be unable to
attend the Commission Meeting Monday evening.
"I am an immediate and long-tam neighbor (2 lots north) of Mr. Trofimenko's and his property. I have
no issues with his plans to expand his existing garage structure as outlined and encourage all members
of the Commission to support and approve his appeal."
Attachment D to
1-27-25 Minutes
Page 68 of 68Agenda Item #1.B.10 Feb 2025Page 90 of 178
Agenda Item #3.A.
10 Feb 2025
Page 91 of 178
Agenda Item #3.A.10 Feb 2025
Page 92 of 178
Agenda Item #3.A.10 Feb 2025
Page 93 of 178
Agenda Item #3.A.10 Feb 2025
Page 94 of 178
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Atlantic Beach Municipal Ordinance bicycle,electric bicycle,
other personal mobility devices
Questions:
Based on input form the Commission the draft ordinance has been drafted to:
o to not allow operation of e-bikes and other motorized devices in areas designated
only for pedestrian foot traffic (city parks and walking trails)
o to not operate on the beach
0 to have a speed limit on sidewalks.to be allowed to operate on the roadways with the same requirements as a bicycle
o outlaw careless operation on our city streets and sidewalks
For a violation of the new COAB MO officers may choose to issue civil citations with a fine
of $50 and a late fee of $50.
I COAB controls the amount of fines for city MO violations.
I Issuing a COAB civil fine means that enforcement stays within COAB.If the
fine is not paid we suggest using a collection agency to recoup outstanding
fines.
In this MO Officers are given the discretion to issue State of Florida Uniform Traffic
Citations for violations of law that are specified in §316 Florida Statutes (traffic laws).In
this case the officer would issue a traffic ticket through the state of FL.
I There are provisions in FSS for non—payment of a traffic citation.
I There are provisions in §318.18 for children under 14 years of age who violate
bicycle laws.The disposition of any violation of §316 traffic laws committed
by a minor are governed by 318.143 Florida Statutes.
Agenda Item #3.B.
10 Feb 2025
Page 95 of 178
‘1 V
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AEIMunigip?J Ordinancg
Sec.105-1 -Definitions
For the purposes of this chapter,the following words and phrases shall have their
respective meanings ascribed to them within this section.Where applicable and
appropriate to the context,definitions and provisions refer to Florida Statutes and are
used in conjunction with these terms and the requirements of this chapter.
Bicycle shall be defined as in §316.003 Florida Statutes,as amended from time to time.
Electric bicycle (electric bicycle)shall be defined as in §316.003 Florida Statutes,as
amended from time to time.
Motorized shall mean:anything powered by anything other than human muscular power.
Personal mobility device shall mean:motorized scooters,micromobility devices,electric
personal assistive mobility devices,or a transportation device other than a motor vehicle
as defined in Florida Statute 316.003.
Sec.105-2 -Operation on city property
(a)Riding bicycles,electric bicycles and personal mobility devices is allowed upon
and along the public sidewalks,roadways,and public spaces in the city when
these devices are operated solely by human power and when not otherwise
restricted by municipal ordinance or state law.
(b)When operating bicycles,electric bicycles,personal mobility devices,within the
city,these restrictions apply;
1.When permitted on sidewalks by Florida State Statute,devices may not
exceed 10 MPH on a sidewalk or multi-use pathway.
2.These devices may not operate under motorized power or assistance
within any city park,upon any trail network,right of way or upon the
beach.
(c)Each person who rides or operates a bicycle,electric bicycle or personal mobility
device within the city shall comply with all traffic regulations,signal lights,stop
Article VIII.-Regulation of Bicycles,Electric bicycles and,Personal Mobility Devices
Agenda Item #3.B.
10 Feb 2025
Page 96 of 178
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signs and other traffic-control devices as required in §316.2065,316.20655 and
316.2128 Florida Statutes.
(d)A person propelling a bicycle,e-bicycle or personal mobility device upon a
sidewalk,across a roadway or upon a crosswalk,shall yield the right-of—way to
any pedestrian and shall give an audible signal before overtaking and passing
such pedestrian.
(e)Any person operating a bicycle,electric bicycle or personal mobility device upon
the streets or sidewalks within the city will do so in a careful and prudent manner,
having regard for speed,width,grade,curves,corners,traffic,and all other
attendant circumstances,so as not to endanger the life,limb,or property of any
person.Failure to drive in such manner shall constitute careless driving and a
violation of this section.
(f)No person operating a bicycle,electric bicycle or personal mobility device on a
roadway shall exceed the posted speed limit.
(g)No person operating a bicycle,electric bicycle or personal mobility device shall
carry any package,bundle or article which causes the vehicle to be unstable or
dangerous to operate.
(h)Official emergency services and law enforcement agencies and city personnel in
the course and scope of their duties are exempt from this section.
(i)Low Speed Vehicles as defined by Florida Statutes must be properly registered
and may only be operated on the roadways within the city.
(j)In accordance with §316.1995,Florida Statutes,this section does not apply to
motorized wheelchairs.
Sec.105 -3 -Enforcement,penalties and appeals.
(a)Law Enforcement officers of the city's police department are hereby authorized
to enforce the provisions of this Code.
(b)At the discretion of a law enforcement officer.Violations of this section may be
enforced as a civil infraction of the city's ordinances or the violator may be cited
under Florida Statutes.
(c)The civil penalty for violations of this section shall be ($50)fifty dollars.
(d)Any person who receives a civil citation for a violation of this section shall elect
either to:
Agenda Item #3.B.
10 Feb 2025
Page 97 of 178
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(1)Pay the civil fine within thirty (30)days from the date of the infraction,in the
manner indicated on the citation.If such payment is not timely paid,a late fee
of fifty dollars ($50.00)shall be imposed on the named violator;or
(2)Request a hearing before the Duval County Court to appeal the citation.The
request shall be made to the Duval County Clerk of Court in the manner
indicated on the citation no laterthan ten (10)days after service of the citation.
(e)Failure of the violatorto pay or appealthe civil citation within the prescribed time
period shall constitute a waiver of the violator's right to a hearing before the
county court and shall be treated as an admission of the violation and penalties
shall be assessed per city policy for recovery of outstanding debits.
State Law reference—Bicycle regulations §316.2065,Electric Bicycle regulations §
316.20655 and Micromobility devices §316.2128 Florida Statutes.
o The provisions of this division may be enforced by any and all lawful means
available to the city pursuant to all codes and ordinances duly adopted by the city
commission or as may otherwise be available to the city pursuant to state law and
nothing contained in this division shall prohibit the city from enforcing this division
by other means set forth in the city's codes and ordinances,provided for in the
statutory law of the State of Florida,or otherwise available to the city.
Agenda Item #3.B.
10 Feb 2025
Page 98 of 178
316.008 Powers of local authorities.—
(1)The provisions of this chapter shall not with respect to
streets and highways under their jurisdiction and within the reasonable exercise of the police power,
from:
(h)
(5)
FSS related to Bic cles e-bic cles scooters mobilit devices etc.
*Highlighted sections are for information only.
restrict
ODS
on sidewalks or sidewalk areas when such use The ordinance
must such vehicles or devices to a maXImum s eed of 1 miles er hour in such areas.
FSS 316.003 Definiti
(46)MOTOR VEHICLE—Except when used in s.a self—propelledvehicle not operated
upon rails or guideway,but not including any bicycle,electric bicycle,motorized scooter,electric
personal assistive mobility device,mobile carrier,personal delivery device,swamp buggy,or
moped.For purposes of 5.”motor vehicle”has the same meaning as provided in
5-llllal
FSS 316.003 Definitions
(23)ELECTRICBICYCLE.——Abicycle or tricycle equipped with fully operable pedals,a seat or
saddle for the use of the rider,and an electric motor of less than 750 watts which meets the
requirements of one of the following three classifications:
(a)”Class 1 electric bicycle”means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the electric
bicycle reaches the speed of20 miles per hour.
(b)”Class 2 electric bicycle”means an electric bicycle equipped with a motor that may be used
exclusively to propel the electric bicycle and that ceases to provide assistance when the electric
bicycle reaches the speed of 20 miles per hour.
(c)”Class 3 electric bicycle”means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the electric
bicycle reaches the speed of28 miles per hour.
320.01
316.1001
316.1001
be deemed to prevent local authorities,
Regulating the operation of bicycles.
skates,coasters,and othert y vehicles.
(7)(a)A county or municipality r.h.“
is permissible under federal law.
operationtheregulatemayenactanordinancetopermit,control,or of
Regulating persons upon
Agenda Item #3.B.
10 Feb 2025
Page 99 of 178
maynot be construed to prevent
‘from adopting an ordinance governing the operation of electric
bicycles on streets,highways,sidewalks,and sidewalk areas under the local government’5 jurisdiction;
from restricting or prohibiting the operation of an electric bicycle 1
section a local government,through the
exercise of its powers under s.316.008,
to prevent a municipality county,or agency of th state having jurisdiction over a bicycle path,multiu e
path,or trail network on a bicycle
path,multiuse path,or trail network,or to prevent a municipality,county,or agency of the state having
jurisdiction over a beach as defined in s.161.54(3)or a dune as defined in s.161.54(4)
(7),including,but not limited to,
streets,highways readways shoulders,bicycle lanes,and bicycle or multiuse paths.
316.20655 Electric bic cle re ulations.—
(1)Except as otherwise provided in this section,an electric bicycle or an operator of an electric bicycle
shall be afforded all the rights and privileges,and be subject to all of the duties,of a bicycle or the
operator of a bicycle,including 5.316.2065.An electric bicycle is a vehicle to the same extent as a
(2)An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law
relating to financial responsibility,driver or motor vehicle licenses,vehicle registration,title certificates,
off-highway motorcycles,or off-highway vehicles.
(3)Beginning January 1,2021,manufacturers and distributors of electric bicycles shall apply a label
that is permanently affixed in a prominent location to each electric bicycle.The label must contain the
classification number,top assisted speed,and motor wattage of the electric bicycle.
(4)A person may not tamper with or modify an electric bicycle so as to change the motor-powered
speed capability or engagement of an electric bicycle,unless the label indicating the classification
number required in subsection (3)is replaced after such modification.
(5)An electric bicycle must comply with the equipment and manufacturing requirements for bicycles
opted by the United States Consumer Product Safety Commission under 16 C.F.R.part 1512.
(6)An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to
function when the rider stops pedaling or when the brakes are applied.
History.—s.8,ch.2020-69;s.2,ch.2021—20.
F55 316.003 Definitions
(82)SIDEWALK.—That portion of a street between the curb/ine,or the lateral line,ofa
roadway and the adjacent property lines,intended for use by pedestrians.
from restricting
or prohibiting the operation of an electric bicycle on such beach or dune.
bicycle.However,this
Agenda Item #3.B.
10 Feb 2025
Page 100 of 178
person may not drive
other than by human power
316.008 316.20655 316.212 316.2128
any vehicle upon a bicycle path,sidewalk,or sidewalk
self-balancing
316.1995 Drivin u on sidewalkor bi cle ath.—
(1)Except as provided in s.s.s.(8),or 5.
area,except upon a
permanent or duly authorized temporary driveway.
(2)A violation ofthis section is a noncriminal traffic infraction,punishable as a moving violation as
provided in chapter 318.
(3)This section does not apply to motorized wheelchairs.
History.—s.1,ch.71-135;s.1,ch.76—31;5.6,ch.83-68;5.3,ch.84-284;s.150,ch.99-248;s.45,ch.
2010-223;5.2,ch.2019-109;5.6,ch.2020-69.
Note—Former s.316.110.
F$$316.003 Definitions
(24}ELECTRICPERSONALASSISTIVEMOBILITYDEVICE.—Any ,two—nontandem-
wheeled device,designed to transport only one person,with an electric propulsion system with
average power of 750 watts (1 horsepower),the maximum speed of which,on a paved level
surfacewhen powered solely by such a propulsion system while being ridden by an operator who
weighs 170 pounds,is less than 20 miles per hour.Electric personal assistive mobility devices are
not vehicles as definedin this section.
316.2068 Electric ersonal assistive mobili devices're ulations.—
(1)An electric personal assistive mobility device,as defined in 5.may be operated:
(a)On a road or street where the posted speed limit is 25 miles per hour or less.
(b)On a marked bicycle path.
(c)On any street or road where bicycles are permitted.
(d)At an intersection,to cross a road or street even if the road or street has a posted speed limit of
more than 25 miles per hour.
(e)On a sidewalk,if the person operating the device yields the right-of—wayto pedestrians and gives
an audible signal before overtaking and passing a pedestrian.
(2)A valid driver license is not a prerequisite to operating an electric personal assistive mobility device.
(3)Electric personal assistive mobility devices need not be registered and insured in accordance with s.
(4)A person who is under the age of 16 years may not operate,ride,or otherwise be propelled on an
electric personal assistive mobility device unless the person wears a bicycle helmet that is properly
fitted,that is fastened securely upon his or her head by a strap,and that meets the standards of the
316.003
(Seaway)
Agenda Item #3.B.
10 Feb 2025
Page 101 of 178
‘;ifthe governing body of the county or
municipality determines that regulation is necessary in the interest of safety
American National Standards lnstitute (ANSI2 Bicycle Helmet Standards),the standards of the Snell
Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling),or any other
nationally recognized standards for bicycle helmets which are adopted by the department.
(6)The Department of Transportation may prohibit the operation of electric personal assistive mobility
devices on any road under its jurisdiction if it determines that such a prohibition is necessary in the
interest of safety.
History.—s.68,ch.2002-20;s.18,ch.2012-174
private use by reservation through an online application,website,or softwarefor point-to—point
rights and duties
this section may not be construed to
prevent a local government,through the exercise of its powers under s.
on streets,
highways,sidewalks,and sidewalk areas under the local government'sjurisdiction.
trips and which is not capable of traveling at a speed greater than 20 miles per hour on level
ground.This term includes motorized scooters and bicycles as definedin this chapter
(48)MOTORIZEDSCOOTER.—Any vehicle or micromobility device that is powered by a motor
with
on level ground.The term does not include an electric bicycle
F55 320.01
(33)”Motorized disability access vehicle”means a vehicle designed primarily for handicapped
individuals with normal upper body abilities and designed to be fueledby gasoline,travel on not
more than three wheels,with a motor rated not in excess of2 brake horsepower and not capable
of propelling the vehicle at a speed greater than 30 miles per hour on level ground,and with a
power-drive system that functionsdirectly or automatically without clutching or shifting gears by
the operator after the drive system is engaged.Ifan internal combustion engine is used,the
displacement may not exceed 50 cubic centimeters.
316.2128 Micromobili devices motorized scooters and miniature motorc cles~re uirements.—
except the duties imposed by s.(2),
(1)The operator of a motorized scooter or micromobility device has all of the
applicable to the rider of a bicycle under s.
ordinance governing the operation of micromobility devices and motorized scooters
from adopting316.008
316.2065 316.2065
(3)(b),and (3)(c),which by their nature do not apply.However,
the vehicle at a speed greater than 20
miles per hour
than three wheels,and which is not capable ofpropelling
or without a seat or saddle for the use of the rider,which is designed to travel on not more
{41)MICROMOBILITYDEVICE.—Any motorized transportation device made available for
(5)A county or municipality may regulate the operation of electric personal assistive mobility devices
on any road,street,sidewalk,or bicycle path under its jurisdiction
F55 316.003
Agenda Item #3.B.
10 Feb 2025
Page 102 of 178
316.605
such vehicles are not legal to operate on public roads and may
not be operated on sidewalks
miniature motorcycles
,may not be registered as motor vehicles,
unless authorized by an ordinance enacted pursuant to s.(7)(a)
(2)A motorized scooter or micromobility device is not required to satisfy the registration and
insurance requirements of s.or the licensing requirements of s.
(3)A person is not required to have a driver license to operate a motorized scooter or micromobility
device.
(4)A person who offers motorized scooters or micromobility devices for hire is responsible for
securing all such devices located in any area of the state where an active tropical storm or hurricane
warning has been issued by the National Weather Service.
(5)A person who engages in the business of,serves in the capacity of,or acts as a commercial seller of
in this state must prominently display at his or her place of business a notice that
The required notice must also appear in all forms of advertising offering miniature
motorcycles for sale.The notice and a copy of this section must also be provided to a consumer prior to
the consumer's purchasing or becoming obligated to purchase a miniature motorcycle.
(6)Any person selling or offering a miniature motorcycle for sale in violation ofthis section commits an
unfair and deceptive trade practice as defined in part II of chapter 501.
History.—s.16,ch.2006-290;5.27,ch.2009-21;s.47,ch.2010-223;5.11,ch.2017-150;5.3,ch.2019-
109.
FSS 316.003 Definitions
(47)MOTORCYCLE.—Any motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground.The term includes
an autocycle,but does not include a tractor,a moped,an electric bicycle,or any vehicle in which
the operator is enclosed by a cabin unless it meets the requirements set forth by the National
Highway TrafficSafety Administration for a motorcycle.
(44)MOPED.—Any vehicle with pedals to permit propulsion by human power,having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels,with a
motor rated not in excess of 2 brake horsepower and not capable ofpropelling the vehicle at a
speed greater than 30 miles per hour on level ground and with a power-drive system that
functionsdirectly or automatically without clutching or shifting gears by the operator afterthe
drive system is engaged.Ifan internal combustion engine is used,the displacement may not
exceed 50 cubic centimeters.The term does not include an electric bicycle.
316.208 Motorc cles and mo eds.—
except as to special
(1)Any person operating a motorcycle or moped shall be granted all of the right and shall be subject
to all 0 the duties applicable to the driver of any other vehicle under this chapter,
316.212},
316.008 ;.
(8).
Agenda Item #3.B.
10 Feb 2025
Page 103 of 178
regulations in this chapter and except as to those provisions of this chapter which by their nature can
have no application.
(2)(a)Any person operating a moped upon a roadway at less than the normal speed of traffic at the
time and place and under the conditions then existing shall ride as close as practicable to the right-hand
curb or edge of the roadway except under any of the following situations:
1.When overtaking or passing another vehicle proceeding in the same direction.
2.When preparing for a left turn at an intersection or into a private road or driveway.
3.When reasonably necessary to avoid any condition,including,but not limited to,a fixed or moving
object,parked or moving vehicle,bicycle,pedestrian,animal,surface hazard,or substandard-width lane,
that makes it unsafe to continue along the right-hand curb or edge.For purposes of this paragraph,a
”substandard-width lane”is a lane that is too narrow for a moped and another vehicle to travel safely
side by side within the lane.
(b)Any person operating a moped upon a one-way highway with two or more marked traffic lanes
may ride as near the left-hand curb or edge of such roadway as practicable.
(3)A person propelling a moped solely by human power upon and along a sidewalk,or across a
roadway upon and along a crosswalk,has all the rights and duties applicable to a pedestrian under the
same circumstances,except that such person shall yield the right-of—wayto any pedestrian and shall give
an audible signal before overtaking andpassing a pedestrian.
(5)A violation of this section is a noncriminal traffic infraction,punishable as a moving violation as
provided in chapter 318.
History.—s.1,ch.71-135;s.1,ch.76-31;5.8,ch.87-161;s.163,ch.99-248.
Note—Former 5.316.127
FSS316.003 Definitions
(4)BICYCLE.—Every vehicle propelled solely by human power,having two tandem wheels,and
including any device generally recognized as a bicycle though equipped with two frontor two
rear wheels.The term does not include a scooter or similar device.
(5)BICYCLELANE.—Any portion of a roadway or highway which is designated by pavement
markings and signs for preferential or exclusive use by bicycles
(6)BICYCLEPATH.—Any road,path,or way that is open to bicycle travel,which road,path,or
way is physically separated frommotorized vehicular trafficby an open space or by a barrier and
is located either within the highway right-of-way or within an independent right-of-way
(4)No person shall propel a moped upon and along a Sidewalk while the motor is operating.
Agenda Item #3.B.
10 Feb 2025
Page 104 of 178
m
'IIV‘r tr
(82)SIDEWALK—Thatportion of a street between the curbiine,or the lateral line,of a
roadway and the adjacent property lines,intended for use by pedestrians.
(22)”Road”means a way open to travel by the public,including,but not limited to,a street,
highway,or alley.The term includes associated sidewalks,the roadbed,the right-of—way,and all
culverts,drains,sluices,ditches,water storage areas,waterways,embankments,slopes,
retaining walls,bridges,tunnels,and viaducts necessary for the maintenance of travel and all
ferriesused in connection therewith.
F55 334.03
(22)”Road”means a way open to travel by the public,including,but not limited to,a street,
highway,or alley.The term includes associated sidewalks,the roadbed,the right-of-way,and all
culverts,drains,sluices,ditches,water storage areas,waterways,embankments,slopes,
retaining walls,bridges,tunnels,and viaducts necessary for the maintenance of travel and all
ferriesused in connection therewith.
per n
applicable to the driver of any other vehicle under this
316.2065 Bicycle regulations.
"passenger”includes a child who is riding in a trailer or semitrailer attached to a bicycle.
(e)Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a
verbal warning to a bicycle rider or passenger who violates this subsection.A bicycle rider or passenger
this
chapter,and except as to provisions of this chapter which by their nature can have no application.
(2)A person operating a bicycle may not ride other than upon or astride a permanent and regular seat
attached thereto unless the bicycle was designed by the manufacturer to be ridden without a seat.
(3)(a)A bicycle may not be used to carry more persons at one time than the number for which it is
designed or equipped,except that an adult rider may carry a child securely attached to his or her person
in a backpack or sling.
(b)Except as provided in paragraph (a),a bicycle rider must carry any passenger who is a child under 4
years of age,or who weighs 40 pounds or less,in a seat or carrier that is designed to carry a child of that
age or size and that secures and protects the child from the moving parts of the bicycle.
(c)A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the
rider is not in immediate control of the bicycle.
(d)A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is
the federal
the termsafetystandardforbicyclehelmets,final rule,16 C.F.R.part 1203.As used in this subsection,
properly fitted and is fastened securely upon the passenger’s head by a strap and that meets
ha all of the rights and all of the dutiespropellingavehiclebyhumanpower
chapter,except as to special regulations in
(1)Every
Agenda Item #3.B.
10 Feb 2025
Page 105 of 178
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who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine
for a pedestrian violation,as provided in s..The court shall dismiss the charge against a bicycle
rider or passenger for a first violation of paragraph (d)upon proof of purchase of a bicycle helmet that
complies with this subsection.
(4)No person riding upon any bicycle,coaster,roller skates,sled,or toy vehicle may attach the same
or himself or herself to any vehicle upon a roadway.This subsection does not prohibit attaching a bicycle
trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has
been designed for such attachment.
(5)(a)A person operating a bicycle upon a roadway at less than the normal speed of traffic at the time
and place and under the conditions then existing must ride in the bicycle lane or,if there is no bicycle
lane on the roadway,as close as practicable to the right-hand curb or edge of the roadway except under
any ofthe following situations:
1.When overtaking and passing another bicycle or vehicle proceeding in the same direction.
2.When preparing for a left turn at an intersection or into a private road or driveway.
3.When reasonably necessary to avoid any condition or potential conflict,including,but not limited
to,a fixed or moving object,parked or moving vehicle,bicycle,pedestrian,animal,surface hazard,turn
lane,or substandard-width lane,which makes it unsafe to continue along the right-hand curb or edge or
within a bicycle lane.For the purposes of this subsection,a ”substandard-width lane"is a lane that is too
narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b)A person operating a bicycle upon a one-way highway with two or more marked traffic lanes may
ride as near the left-hand curb or edge of such roadway as practicable.
(6)(a)Persons riding bicycles upon a roadway or in a bicycle lane may not ride more than two abreast
except on a bicycle path.Persons riding two abreast may not impede traffic when traveling at less than
the normal speed oftraffic at the time and place and under the conditions then existing and must ride
within a single lane.Where bicycle lanes exist,persons riding bicycles may ride two abreast if both are
able to remain within the bicycle lane.If the bicycle lane is too narrow to allow two persons riding
bicycles to ride two abreast,the persons must ride single-file and within the bicycle lane.On roads that
contain a substandard-width lane as defined in subparagraph (5)(a)3.,persons riding bicycles may
temporarily ride two abreast only to avoid hazards in the roadway or to overtake another person riding
a bicycle.
(b)When stopping at a stop sign,persons riding bicycles in groups,after coming to a full stop and
obeying all traffic laws,may proceed through the stop sign in a group of 10 or fewer at a time.Motor
vehicle operators must allow one such group to travel through the intersection before moving forward.
(7)Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front
exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector
on the rear each exhibiting a red light visible from a distance of 600 feet to the rear.A bicycle or its rider
may be equipped with lights or reflectors in addition to those required by this section.A law
enforcement officer may issue a bicycle safety brochure and a verbal warning to a bicycle rider who
violates this subsection or may issue a citation and assess a fine for a pedestrian violation as provided in
Agenda Item #3.B.
10 Feb 2025
Page 106 of 178
I,
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upon
the rights and duties applicable to a pedestrian under the same
subsection (3)only ifenforcementofficermayissuetrafficcitationsforaviolationoforsubsection(15)
s..The court shall dismiss the charge against a bicycle rider for a first violation of this subsection
upon proof of purchase and installation of the proper lighting equipment.
(8)No parent of any minor child and no guardian of any minor ward may authorize or knowingly
permit any such minor child or ward to violate any of the provisions of this section.
(10)A person propelling a bicycle upon and along a sidewalk,or across a roadway upon and along a
crosswalk,shall yield the right-of—wayto any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian.
(11)No person upon roller skates,or riding in or by means of any coaster,toy vehicle,or similar
device,may go upon any roadway except while crossing a street on a crosswalk;and,when so crossing,
such person shall be granted all rights and shall be subject to all ofthe duties applicable to pedestrians.
(12)This section shall not apply upon any street while set aside as a play street authorized herein or as
designated by state,county,or municipal authority.
(13)Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the
bicycle within 25 feet from a speed of 10 miles per hour on dry,level,clean pavement.
(14)A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the
bicycle has an identifying number permanently stamped or cast on its frame.
(15)(a)A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the
age of 16 years unless:
1.The child possesses a bicycle helmet;or
2.The lessor provides a bicycle helmet for the child to wear.
(b)A violation of this subsection is a nonmoving violation,punishable as provided in s.
(16)The court may waive,reduce,or suspend payment of any fine imposed under subsection (3)or
subsection (15)and may impose any other conditions on the waiver,reduction,or suspension.If the
court finds that a person does not have sufficient funds to pay the fine,the court may require the
performance of a specified number of hours of community service or attendance at a safety seminar
(17)Notwithstanding s.,all proceeds collected pursuant to s.for violations under
paragraphs (3)(e)and (15)(b)shall be deposited into the State Transportation Trust Fund.
(18)The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a
child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or
contributory negligence.
(19)Except as otherwise provided in this section,a person who violates this section commits a
noncriminal traffic infraction,punishable as a pedestrian violation as provided in chapter 318.A law
by human power
circumstances.
upon and along a crosswalk,has all
(9)A person propelling a vehicle and along a sidewalk,or across a roadway
Agenda Item #3.B.
10 Feb 2025
Page 107 of 178
,as defined in s.ontheviolationoccurs bic cle ath or road,.However,a law enforcement
officer may not issue citations to persons on private property,except any part thereof which is open to
the use of the public for purposes of vehicular traffic.
316.1925 Careless driving.—
(1)Any person operating a vehicle upon the streets or highways within the state shall drive the same
in a careful and prudent manner,having regard for the width,grade,curves,corners,traffic,and all
other attendant circumstances,so as not to endanger the life,limb,or property of any person.Failure
to drive in such manner shall constitute careless driving and a violation of this section.
(2)Any person who violates this section shall be cited for a moving violation,punishable as provided
in chapter 318.
FSS 316.183 Unlawful speed.—
speed shall be controlled as may be necessary to avoid colliding with any person,vehicle,or other
conveyance or object on or entering the highway in compliance with legal requirements and the duty of
all persons to use due care.
History.—s.1,ch.71-135;s.1,ch.76-31;s.2,ch.76-286;s.1,ch.78-353;s.8,ch.83-68;s.5,ch.85-
309;s.1,ch.86—23;5.7,ch.87-161;s.21,ch.94-306;s.899,Ch.95-148;s.1,ch.96-185;s.2,Ch.97-300;
s.161,ch.99—248;s.6,ch.2010-223;5.7,ch.2012-27;s.6,ch.2012-181;5.7,ch.2020-69;s.1,ch.
2021-20;s.5,ch.2021—180.
Note.—Former 5.316.111.
F55 316.003 Definitions
(43)MOBILECARRIER—An electrically powered device that:
(a)Is operated on sidewalks and crosswalks and is intended primarily for transporting property;
(b)Weighs less than 80 pounds,excluding cargo;
(c)Has a maximum speed of 12.5 mph;and
(d)Is equipped with a technology to transport personal property with the active monitoring of a
property owner and primarily designed to remain within 25 feet of the property owner.
A mobile carrier is not considered a vehicle or personal delivery device unless expressly defined by law
as a vehicle or personal delivery device.
under the conditions and having regard to the actual and potential hazards then existing.In every event,
(1)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent
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(59)PERSONALDELIVERYDEVICE.—Anelectrically powered device that:
(a)Is operated on sidewalks and crosswalks and intended primarily for transporting property;
(b)Has a weight that does not exceed the maximum weight established by Department of
Transportation rule;
(c)Has a maximum speed of 10 miles per hour;and
(d)Is equipped with technology to allow for operation of the device with or without the active control
or monitoring of a natural person.
A personal delivery device is not considered a vehicle unless expressly defined by law as a vehicle.A
mobile carrier is not considered a personal delivery device.The Department of Transportation may
adopt rules to implement this subsection.
(60)PERSONALDELIVERYDEVICEOPERATOR—An entity or its agent that exercises direct physical
control over or monitoring of the navigation system and operation of a personal delivery device.For the
purposes of this subsection,the term ”agent"means a person charged by the entity with the
responsibility of navigating and operating the personal delivery device.The term “personal delivery
device operator"does not include an entity or person who requests the services of a personal delivery
device for the purpose of transporting property or an entity or person who only arranges for and
dispatches the requested services of a personal delivery device.
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AGENDA ITEM:Ordinance No.20-25-177 amending the operating budget for the ?scal year
beginning Oct.1,2023,and ending Sept.30,2024.
SUBMITTED BY:Brittany Percell,Director of Finance
TODAY’S DATE:January 29,2025
MEETING DATE:February 10,2025
CITY OF ATLANTIC BACH
CITY COMMISSION MEETING
STAFF REPORT
BACKGROUND:This is due to the 2023 Annual Report for the Atlantic Beach Police
Of?cers’Pension Fund not being completed timely.An additional employer
contribution is reauired to cover state funds not received.Withheld funds
are expected to be received in the current ?scal year.
BUDGET:Police Of?cers’Pension Fund -$130,000 increase in revenues
RECOMMENDATION:Approve Ordinance No.20-25-177 on second and ?nal reading
ATTACHMENT:Ordinance No.20-25-177
REVIEWED BY CITY MANAGER:
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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 Of?cers’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:
($21,279)
($18,168)
($44,795)
($32,370)
($13,388)
$130,000
$0.00
$130,000
$130,000
POLICE PENSION FUND
Expenditures:
Public Safet
Operating Supplies
Machinery &Equipment
Overtime
Unfunded Liability Pension
Salaries
Public Safet
Pension City Contribution
Total Expenses:
Revenues:
Employer Contributions
Total Revenue:
SECTION 2.This ordinance shall take effect immediately upon adoption.
Page 1 of 2OrdinanceNo.20—
GENERAL FUND
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PASSED by the City Commission on ?rst reading this 27thday of January 2025.
PASSED by the City Commission on second and ?nal reading this 10thday of February 2025.
Jason Gabriel
City Attorney
Page 2 of 2OrdinanceNo.20-25-177
ATTEST:
Curtis Ford
Mayor
Donna L.Bartle
City Clerk
Approved as to form and correctness:
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h
:»
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CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM:Ordinance No.95-25-125 amending Chapter 5 (Beaches and Parks),
Article III (Public Parks),to add a new section 5—34establishing rules and regulations for
conducting business activities in Public Parks and City facilities.
SUBMITTED BY:Kevin Hogencamp,Deputy City Manager
TODAY’S DATE:January 29,2025
MEETING DATES:February 10,2025,and February 24,2025
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 bene?t of the entire community,and that liability is mitigated.At the
encouragement of City Commission members,City staff prepared a draft ordinance that was
presented for review at the City Commission’s Jan.27 meeting and will be presented to the Arts,
Recreation and Culture Committee at its Feb.11 meeting.
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:
0 Reduced Risk of Injury:Some businesses involve activities that increase the risk of
injury to park visitors.
Increased Foot Traf?c:Businesses can signi?cantly increase foot traf?c in a park,
potentially leading to overcrowding,congestion,and a higher likelihood of
accidents.
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.
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.Unrestrictedbusiness activity
can create:
0 Distraction and Noise:Commercial activities can generate noise,traf?c,and other
disturbances that disrupt the peaceful and recreational nature of the park.
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CITY MANAGER.
0 Visual Impact:Businesses may introduce visual clutter and detract from the natural
beauty of the park environment.
0 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:
0 Damage natural resources by harming trees,plants,and wildlife habitats.
0 Increase Pollution:Businesses may generate waste,noise,and light pollution that
negatively impact the park‘s ecological integrity.
0 Easier to Maintain and Supervise:
0 Reduced Complexity:Prohibiting business activity simpli?es park management by
reducing the number of entities and activities that need to be monitored and
regulated.
0 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.
0 Lead to con?icts:Competition between businesses and the potential for
overcrowding can lead to con?icts within city parks and facilities.
(*Informationsources 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
Officialsas Fiduciaries”;Health Facility Management magazine:“Regulatory Guidance for
Facilities Managers ”.)
RECOMMENDATION:Commission consider adopting Ordinance No.95-125-25.
BUDGET:N.A.
ATTACHMENT:Ordinance No.95-125 25
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ORDINANCE N O.95-25-125
AN ORDINANCE TO AMEND CHAPTER 5 (BEACHES AND PARKS),
ARTICLE III (PUBLIC PARKS),TO ADD A NEW SECTION 5-34
ESTABLISHING RULES AND REGULATIONS FOR CONDUCTING
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 the integrity and intended use
of its parks and its recreation facilities for the enjoyment and bene?t 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,and overall character of such areas;
and
WHEREAS,it is necessary to establish clear and consistent guidelines for the approval of
business activities within public parks and City facilities and it has been determined that the
adoption of this Ordinance is in the best interest of the City and its residents.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH that:
SECTION 1.Code of Ordinances Amended to add a New Section.New Section 5-34
Business Activities in Public Parks is hereby added to the Code of Ordinances to the City of
Atlantic Beach,Florida as follows:
Sec.5-34 —Business Activities in Public Parks and City Facilities
(a)De?nitions For the purposes of this Ordinance,the following de?nitions shall apply:
0 "Business Activity"shall mean any activity conducted for pro?t,including but not
limited to:*Sales of goods or services *Solicitation of donations or contributions *
Advertising or promotional activities *Use of park or facility for commercial ?lming
or photography *Conducting classes or workshops for pro?t.."City Manager"shall mean the City Manager of the City of Atlantic Beach or his/her
designee.
Ordinance No.95-25-125 1 of 3
56523718 v]
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0 "Public Park"shall mean any park,playground,green space,or other public area
owned or maintainedby the City of Atlantic 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.
(b)Prohibition of Business Activities.Business Activities are prohibited in all Public
Parks and City Facilities,unless as otherwise expressly provided in this Chapter.No person
or entity shall conduct any Business Activity in any Public Park or City Facility without
?rst obtaining written approval from the City Manager.
(c)Limited Approval for Non-Pro?t Entities and City Partnerships.The City Manager
shall only approve Business Activities in Public Parks or City Facilities conducted by a
non-pro?t entity and/or conducted by permit and/or in partnership with the City.
(d)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
0 Revoke approval for any Business Activity that violates this Ordinance or any other
applicable laws or regulations
(6)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 2.Inco oration Con?ict and Severabilit .
(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 con?ict herewith are
hereby repealed to the extent of such con?ict.
(0)If any word,phrase,clause,subsection,or 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.
PASSED by the City Commission on ?rst reading on the 10th day of February 2025.
PASSED AND ADOPTED by the City Commission on second and ?nal reading on the 24th day
of February 2025.
20f3OrdinanceNo.95-25-125
56523718 v1
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ATTEST:
30f3OrdinanceNo.95-25-125
56523718 v1
Curtis Ford
Mayor
Donna L.Battle
City Clerk
Approved as to form and correctness:
Jason Gabriel
City Attorney
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