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4-28-25 Draft Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, April 28, 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 Commission Workshop - Presentation of Environmental Stewardship Committee's Priorities held on April 14, 2025. 4-14-25 Commission Workshop - Presentation of Environmental Stewardship Committee's Priorities Draft Minutes 5 - 17 1.B. Approve minutes of the Regular Commission Meeting held on April 14, 2025. 4-14-25 Regular City Commission Draft Minutes 19 - 55 2. COURTESY OF FLOOR TO VISITORS 2.A. Water Conservation Month proclamation Water Conservation Month 57 2.B. Police Department: Officer Dylan Dore Swearing-In PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (April-June 2025) 90-Day calendar (April-June 2025) 59 - 62 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 5.A. Discussion on ESC Ordinance and Proposed Amendments ESC Ordinance & Proposed Amendments 63 - 77 5.B. Discussion on Business in Parks Ordinance and Proposed Amendments Business in Parks Ordinance & Proposed Amendments 79 - 84 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY Page 1 of 211 Regular City Commission - 28 Apr 2025 COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Approve Resolution No. 25-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING FOUNDATION REPAIRS FOR THE PUMP ROOM AT WATER TREATMENT PLANT #2; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-37 85 - 119 6.B. Approve Resolution No. 25-38 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH C & L LANDSCAPE, INC. TO PERFORM TIDE VIEWS PRESERVE NORTH KAYAK LAUNCH RENOVATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND PURCHASE ORDER IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE Resolution No. 25-38 121 - 125 6.C. Declare the listed properties as surplus and authorize disposal of each in the most beneficial way to the City. Surplus Property 127 - 129 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-24 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CHANGE ORDER FOR THE PUBLIC UTILITIES WATER TREATMENT PLANT #2 PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-24 131 - 135 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 20-25-179, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-25-179 137 - 138 Page 2 of 211 Regular City Commission - 28 Apr 2025 9.B. ORDINANCE NO. 25-25-46, Introduction and First Reading AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD HAZARD AREAS, TO SPECIFY ELEVATION OF MANUFACTURED HOMES AND TO CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 20-25-46 139 - 171 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP25-0003 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR25-0005 at 1889 Beach Avenue Request for a variance to add a new generator in the northern side yard of the property. 10.A1. Disclosure of Ex Parte Communications, if any 10.A2. City Attorney Procedural Reminders Appeal Hearing Procedures 173 - 176 10.A3. Swearing in of all persons who will speak 10.A4. City Staff Overview APP25-0003 177 - 211 10.A5. Applicant Presentation 10.A6. Public Comments 10.A7. Closing Comments/Rebuttal 10.A8. Commission Deliberation and Action 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. Page 3 of 211 Regular City Commission - 28 Apr 2025 Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 4 of 211 Commission Workshop April 14, 2025 MINUTES Commission Workshop Meeting Monday, April 14, 2025 - 5:30 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Mayor Ford called the meeting to order at 5:31 PM. CC Bartle called the roll. 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) Kevin Hogencamp, Deputy City Manager (DCM) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) CALL TO ORDER 1. PRESENTATION BY ESC CHAIR A. Presentation Documents Sarah Boren, ESC Chair, gave a presentation supported by a PowerPoint (which is attached hereto and made part of this official record as Attachment A) and responded to questions from the Commission. Mayor Ford noted that priorities and items the Commission prefer ESC to pursue and not pursue will be addressed in May. 4-14-25 ESC Priorities Attachment A ADJOURNMENT The meeting adjourned at 5:57 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved: ________________ Page 1 of 13 Agenda Item #1.A. 28 Apr 2025 Page 5 of 211 Page 2 of 13 Agenda Item #1.A. 28 Apr 2025 Page 6 of 211 •ESC’s Top Five Priorities (10 minutes) •ESC’s Permission List (5 minutes) •LEED for Cities Recertification History, Benefits, and Cost (15 minutes) 4/14/25 PRIORITIES WORKSHOP AGENDA ESC Priorities Attachment A to 4-14-25 Minutes Page 3 of 13Agenda Item #1.A.28 Apr 2025Page 7 of 211 1.Studies and makes recommendations to and responds to requests from the commission and staff with respect to: •Maritime forest; •Parks and open spaces; •Beautification of public and private spaces; •Environmental stewardship. 2.Acts as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. ESC Purpose (by ordinance passed in 2017) ESC Priorities Attachment A to 4-14-25 Minutes Page 4 of 13Agenda Item #1.A.28 Apr 2025Page 8 of 211 ESC Top Five Priorities for Commission to Adopt for FY 2025-2026 THESE PRIORITIES REQUIRE FUNDING AND/OR SIGNIFICANT STAFF TIME FULL DOCUMENT Improved communications and consistent community engagement are key and fundamental ingredients to the success of these proposed priorities. 1.Approve Tree Mitigation Fund 2025-2026 Action & Spending Plan Commission to approve ESC’s Tree Mitigation Fund 2025-2026 Action & Spending Plan in Q2 2025 2.Decide on Chapter 23 revision recommendations Commission to consider proposed revisions to Chapter 23 in 2025 3.Incentivize Protection of Mature Trees Commission to direct staff to support ESC’s research and proposals on incentive programs to encourage developers and homeowners to save trees versus removing them and bring final recommendations to Commission 4.Create Tree Report Commission to direct staff to help ESC create quarterly and an annual tree report 5.Work towards 2050 Goals & Recertification Commission to direct staff to work towards 2050 goals in Sustainability and Resilience Community Action Plan (S&RCAP) and recertification in 2027 and seek support and guidance from ESC where appropriate ESC Priorities Attachment A to 4-14-25 Minutes Page 5 of 13Agenda Item #1.A.28 Apr 2025Page 9 of 211 1.Does Commission have any heartburn with any of these priorities? 2.What happens if Commission does not adopt any or only a few of these proposed priorities? Is ESC still allowed to work on them but to not expect any fiscal or significant staff support? Discussion Regarding Top Five Priorities ESC Priorities Attachment A to 4-14-25 Minutes Page 6 of 13Agenda Item #1.A.28 Apr 2025Page 10 of 211 ESC Permission List AFTER FOCUSING ON ALIGNED COMMISSION PRIORITIES FULL DOCUMENT Additional priorities Research & Recommendations Ongoing Items Education & Community Outreach ESC Priorities Attachment A to 4-14-25 Minutes Page 7 of 13Agenda Item #1.A.28 Apr 2025Page 11 of 211 1.Is there anything on the permission list that Commission DOES NOT want ESC to work on in FY 2025-2026? 2.Time and capacity permitting, does ESC have Commission’s permission to work on the additional priorities, research and recommendations, ongoing items, and education and community outreach? Discussion Regarding Permission List ESC Priorities Attachment A to 4-14-25 Minutes Page 8 of 13Agenda Item #1.A.28 Apr 2025Page 12 of 211 LEED for Cities Recertification: History, Benefits & Costs History •2018 Commission Priority •2019 First city in Florida to achieve Silver certification under pilot rating system •2022 First city in world to recertify Gold through pilot and 4.1 versions •2022 Commission approved Sustainability & Resilience Community Action Plan (requirement of certification) Benefits •Reduces insurance rates (CRS) •Strengthens financial stewardship •Enhances governance & planning •Mitigates risk •Measures performance •Fosters community engagement •Improves internal communications and collaboration between departments •Demonstrates leadership Costs •$8,000 recertification fee – covers five years •GHG Inventory (avg $30k) – pro bono; COJ ICLEI subscription •Staff time – estimate 60% less than before •Student intern •ESC members pro bono •UNF / JU class capstone project Website / Short Videos ESC Priorities Attachment A to 4-14-25 Minutes Page 9 of 13Agenda Item #1.A.28 Apr 2025Page 13 of 211 ESC Priorities Attachment A to 4-14-25 Minutes Page 10 of 13Agenda Item #1.A.28 Apr 2025Page 14 of 211 CREDIT EXAMPLE: Resilience Planning Vulnerability & Capacity Assessment 2 top natural hazards 2 top manmade hazards Resilience Planning Adaptation & mitigation strategies Stakeholder engagement Monitoring & evaluation Resilience Progress Demonstrate reduced vulnerability to at least 2 significant threats from assessment and for at least 1 at-risk population group ESC Priorities Attachment A to 4-14-25 Minutes Page 11 of 13Agenda Item #1.A.28 Apr 2025Page 15 of 211 1.What are your questions and/or concerns? Discussion Regarding Recertification ESC Priorities Attachment A to 4-14-25 Minutes Page 12 of 13Agenda Item #1.A.28 Apr 2025Page 16 of 211 NEXT STEPS & THANK YOU! ESC Priorities Attachment A to 4-14-25 Minutes Page 13 of 13Agenda Item #1.A.28 Apr 2025Page 17 of 211 Page 18 of 211 Regular City Commission April 14, 2025 MINUTES Regular City Commission Meeting Monday, April 14, 2025 - 6:00 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 6:00 PM. CC Bartle called the roll. 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) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Steve Swann, City Engineer (CE) Amanda Askew, Neighborhoods Department Dir. (NDD) Mayor Ford and CM Killingsworth presented potential amendments to Ordinance No. 95-25- 124 (which is attached hereto and made part of this official record as Attachment A). During the discussion, Commissioner Ring raised a point of order to clarify the nature of the Mayor’s presentation, to which Mayor Ford responded that he was introducing potential amendments. CM Killingsworth added that he had met with residents and developed proposed amendments to Ordinance No. 95-25-125 (which is attached hereto and made part of this official record as Attachment B). 4-14-25 Attachment A 4-14-25 Attachment B 1 APPROVAL OF MINUTES 1A. Approve minutes of the Joint Workshop between the City Commission and the Environmental Stewardship Committee (ESC). Page 1 of 37 Agenda Item #1.B. 28 Apr 2025 Page 19 of 211 Regular City Commission April 14, 2025 The Commission approved the minutes as submitted. 1B. Approve minutes of the Regular City Commission meeting held on March 24, 2025. The Commission approved the minutes as submitted. 1C. Approve minutes of the Town Hall held on April 5, 2025. Commissioner Ring expressed that the discussion or topics brought up should be reflected in the minutes. CA Gabriel explained that the minutes typically avoid summarizing individual comments, focusing instead on actions taken and the general topic discussed, noting the potential complications of paraphrasing. Commissioner Ring referenced the first speaker’s comments regarding the 20th Street Lift Station as an example. Mayor Ford responded that this level of detail is not standard practice for minutes but clarified that the minutes would be amended to include the topics addressed by each speaker. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT The following speakers provided their comments: Cindy Anderson Susanne Barker Sarah Boren Lisa Herrold Sarah Krusin Jim Wheatley Mary Lane Campbell Brenda Simon Ken Simon Claire Gertz Lynn Coalson Mark Gabrynowicz Silet Wylie (which is attached hereto and made part of this official record as Attachment C). Megan Russo Matthew Kachergus Emily McCarthy Malaika Underwood Tome Goelz Jackie Beckenbach Nancy Staats Peter Staats Colleen November Don Wolfson Page 2 of 37 Agenda Item #1.B. 28 Apr 2025 Page 20 of 211 Regular City Commission April 14, 2025 Peter Coalson Penny Rauckis John Finotti Emily Miner Brinkley Harrell Trevor Parker Amy Ayers Suzanne Shaughnessy Kymberly Wolfson The following individuals chose not to speak but submitted comment cards: Christina Kelcourse Stephen Fouraker Lindsey Young Leslie Kelso Nancy White Meredith Kurosko Catherine Parker Jill Regante Matt Soergol Whitney Atlee Steven Kurusko The meeting recessed at 7:48 PM and reconvened at 8:00 PM. 4-14-25 Attachment C 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (April-June 2025) There was CONSENSUS to accept the 90-Day Calendar as amended, including the addition of the Opening of the Beaches Parade on April 27, 2025. 3.B. 20th Street Lift Station CM Killingsworth gave a presentation, as outlined in a PowerPoint (which is attached hereto and made part of this official record as Attachment D), and responded to questions from the Commission. Mayor Ford requested that staff provide, at the next meeting, examples of how similar cities address this issue, and expressed interest in identifying a solution or relief for residents. Commissioner Bole noted the value of receiving the Capital Improvement Plan (CIP) in advance of the budget. CE Swann also responded to Commission questions. Mayor Ford requested that the item be brought back for further discussion and expressed interest in a good faith effort to address concerns related to sound, visual blight, and gas emissions. There was CONSENSUS to direct the City Manager to explore potential remedies for sound, visual blight, and emissions. The Commission also indicated support for staff Page 3 of 37 Agenda Item #1.B. 28 Apr 2025 Page 21 of 211 Regular City Commission April 14, 2025 drafting an ordinance to allow the City to exceed the six-foot height restriction on City property or easements for utility-related purposes. Regarding project notification processes, the Commission agreed with CM Killingsworth’s recommendation to notify adjacent properties likely to be affected. The Commission also requested that CM Killingsworth return with further recommendations on potential remedies. In response to a question from CC Bartle, it was clarified that the consensus pertained to identifying the method and recipients of project notifications. The Commission agreed to postpone any ordinance action related to the height restriction at this time. 4-14-25 Attachment D 3.C. Neighborhoods Department CM Killingsworth presented the item as detailed in a slideshow (which is attached hereto and made part of this official record as Attachment E) and responded to questions from the Commission. The Commission agreed to proceed with the budget process first, and then address code revisions related to departmental organization. 4-14-25 Attachment E 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole  Announced that Dancin' In The Street is seeking volunteers and sponsors.  Spoke about his intent to make a motion to table Ordinance Nos. 95-25-124 and 95-25- 125.  Requested that DCM Hogencamp research the average compensation for city commissioners in cities of similar size. Commissioner Grant  Expressed support for Commissioner Bole’s upcoming motions regarding Ordinance Nos. 95-25-124 and 95-25-125.  Noted that any revisions to Ordinance No. 95-25-125 should, if possible, allow the Outside Kids school to resume full operations as previously conducted, including the use of all equipment. He mentioned that he would not support the ordinance if the school is unable to operate as before. Commissioner Kelly  Announced the ESC Awards event taking place April 16, 2025 at ABBQ at 6:30 PM.  Invited the public to attend the Daughters of the American Revolution (DAR) installation of a 250th anniversary marker at the Beaches Veterans Memorial Park on April 19, 2025, at 2:00 PM.  Spoke on behalf of former Commissioner Blythe Waters, clarifying that Waters supports the ESC and that any statements to the contrary are misguided. Commissioner Ring  Shared that the recent Town Hall was successful.  Expressed that city staff and officials are public servants.  Encouraged residents to remain informed about state-level legislation. Mayor Ford Page 4 of 37 Agenda Item #1.B. 28 Apr 2025 Page 22 of 211 Regular City Commission April 14, 2025  Expressed support for providing temporary relief to the Outside Kids school.  There was consensus to direct the CM to work with the Outside Kids school on the basis of the required insurance. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No. 25-30 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE NINE PORTABLE RADIOS FROM MOTOROLA AT A TOTAL PRICE OF $57,981.91; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.B. Approve Resolution No. 25-31 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE REPLACEMENT OF THE WATER SERVICES ON GARDEN LANE; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.C. Approve Resolution No. 25-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF 155 USER LICENSES OF MICROSOFT OFFICE 365 GCC (GOVERNMENT COMMUNITY CLOUD) FROM SHI INTERNATIONAL CORP. AT A PRICE OF $37,682.05 WITH FUNDS ALLOCATED IN THE FISCAL YEAR 2024-25 BUDGET (ACCOUNT NO. 001 1011 516 65 02); AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.D. Approve Resolution No. 25-33 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A LITTLE WONDER LEAF VACUUM FROM NICHOLS EQUIPMENT AT A PRICE OF $48,599; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.E. Approve Resolution No. 25-34 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING CERTAIN CITY-OWNED PROPERTY AS SURPLUS AND Page 5 of 37 Agenda Item #1.B. 28 Apr 2025 Page 23 of 211 Regular City Commission April 14, 2025 AUTHORIZING ITS DISPOSITION; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Approve the consent agenda (Items (6A - 6E) as written). Motion: Candace Kelly Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly (Moved By) For Jessica Ring For Motion passed 5 to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-26 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A THIRTY-FIVE INCH DIAMETER LIVE OAK TREE AND A THIRY-ONE INCH DIAMETER MULTI-TRUNK HICKORY TREE AT 326 OCEAN BOULEVARD AS HERITAGE TREES; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 25-26. 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. 8.B. RESOLUTION NO. 25-27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A THIRTY-EIGHT INCH DIAMETER LIVE OAK TREE AT 378 SIXTH STREET AS HERITAGE TREES; AND PROVIDING AN EFFECTIVE DATE. Page 6 of 37 Agenda Item #1.B. 28 Apr 2025 Page 24 of 211 Regular City Commission April 14, 2025 MOTION: Approve Resolution (No.) 25-27. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 8.C. RESOLUTION NO. 25-35 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING FLORIDA HOUSE BILL 943; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE MEMBERS OF THE DUVAL COUNTY LEGISLATIVE DELEGATION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 25-35 as read. Motion: Jessica Ring Second: Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 8.D. RESOLUTION NO. 25-36 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, OPPOSING FLORIDA HOUSE BILL 247; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE MEMBERS OF THE DUVAL COUNTY LEGISLATIVE DELEGATION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 25-36. Page 7 of 37 Agenda Item #1.B. 28 Apr 2025 Page 25 of 211 Regular City Commission April 14, 2025 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. 95-25-124, Public Hearing and Final 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 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. MOTION: To move this item to May 27, 2025 (Defer Ordinance No. 95-25-124 and continue public hearing and second reading to May 27, 2025). Motion: Bruce Bole Second: Candace Kelly Mayor Ford expressed that he had hoped the Commission would determine during this meeting what should be brought back for further consideration. However, with a motion made to defer the item for six weeks, there is now time to finalize those decisions at the next meeting, allow for publication, and discuss the item further at the following meeting, with the goal of bringing it back for a vote. Commissioner Ring recommended that the redline amendments be reviewed by the ESC, with the opportunity for the committee to provide comments on each. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Page 8 of 37 Agenda Item #1.B. 28 Apr 2025 Page 26 of 211 Regular City Commission April 14, 2025 Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. CC Bartle requested clarification on the motion. CM Killingsworth clarified that the motion was to open and continue the public hearing and second reading until May 27, 2025. 9.B. ORDINANCE NO. 95-25-125, Public Hearing and Final 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, SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR INCORPORATION AND CODIFICATION IN THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. MOTION: Move this item to May 27, 2025 and to open the public hearing (Defer Ordinance No. 95-25-125 and continue the public hearing and second reading to May 27, 2025). Motion: Bruce Bole Second: Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. 9.C. ORDINANCE NO. 5-25-71, Public Hearing and Final 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. Page 9 of 37 Agenda Item #1.B. 28 Apr 2025 Page 27 of 211 Regular City Commission April 14, 2025 MOTION: Continue Ordinance 5-25-71 to May 27, 2025 and the public hearing (Defer Ordinance No. 5-25-71 and continue the public hearing to May 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. 9.D. ORDINANCE NO. 20-25-179, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Ordinance No. 20-25-179 (on first reading). 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. 10. MISCELLANEOUS BUSINESS 10.A. Fleet Landing Sign NDD Askew presented the request for a new sign, as outlined in the agenda packet, and responded to questions from the Commission. MOTION: Approve the request for a new Fleet Landing sign. Motion: Candace Kelly Second: Thomas Grant Curtis Ford For Page 10 of 37 Agenda Item #1.B. 28 Apr 2025 Page 28 of 211 Regular City Commission April 14, 2025 Bruce Bole For Thomas Grant (Seconded By) For Candace Kelly (Moved By) For Jessica Ring For Motion passed 5 to 0. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Grant  Announced that he would be absent from the April 28, 2025 meeting. Commissioner Kelly  Extended her apologies to those she had not yet been able to respond to. Commissioner Ring  Reminded the public about the Easter Egg Hunt at Jordan Park at 10:00 AM on April 19, 2025 and the Patriots Marker dedication at Beaches Veteran's Memorial Park on the same day at 2:00 PM. Mayor Ford  Expressed that he believes every member of the Commission cares deeply about the city’s tree canopy. He encouraged residents to consider that bigger is not always better, and expressed confidence that the Commission would make the right decisions. He added that all members care about the environment and the city, and he is proud to serve alongside them. 13. ADJOURNMENT The meeting adjourned at 9:52 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved:________________ Page 11 of 37 Agenda Item #1.B. 28 Apr 2025 Page 29 of 211 Page 12 of 37 Agenda Item #1.B. 28 Apr 2025 Page 30 of 211 Attachment A to 4-14-25 Minutes Page 13 of 37 Agenda Item #1.B. 28 Apr 2025 Page 31 of 211 Attachment A to 4-14-25 Minutes Page 14 of 37 Agenda Item #1.B. 28 Apr 2025 Page 32 of 211 Attachment A to 4-14-25 Minutes Page 15 of 37 Agenda Item #1.B. 28 Apr 2025 Page 33 of 211 Attachment A to 4-14-25 Minutes Page 16 of 37 Agenda Item #1.B. 28 Apr 2025 Page 34 of 211 Attachment A to 4-14-25 MinutesPage 17 of 37Agenda Item #1.B.28 Apr 2025Page 35 of 211 Page 18 of 37 Agenda Item #1.B. 28 Apr 2025 Page 36 of 211 Attachment B to 4-14-25 Minutes Page 19 of 37 Agenda Item #1.B. 28 Apr 2025 Page 37 of 211 Page 20 of 37 Agenda Item #1.B. 28 Apr 2025 Page 38 of 211 Attachment C to 4-14-25 Minutes Page 21 of 37 Agenda Item #1.B. 28 Apr 2025 Page 39 of 211 Attachment C to 4-14-25 Minutes Page 22 of 37 Agenda Item #1.B. 28 Apr 2025 Page 40 of 211 Attachment C to 4-14-25 Minutes Page 23 of 37 Agenda Item #1.B. 28 Apr 2025 Page 41 of 211 Page 24 of 37 Agenda Item #1.B. 28 Apr 2025 Page 42 of 211 1 20th Street Lift Station Attachment D to 4-14-25 Minutes Page 25 of 37Agenda Item #1.B.28 Apr 2025Page 43 of 211 2 Noise Standards •HUD’s noise standards may be found in 24 CFR Part 51, Subpart B. For proposed new construction in high noise areas, the project must incorporate noise mitigation features. Consideration of noise applies to the acquisition of undeveloped land and existing development as well. All sites whose environmental or community noise exposure exceeds the day night average sound level (DNL) of 65 decibels (dB) are considered noise-impacted areas. For new construction that is proposed in high noise areas, grantees shall incorporate noise attenuation features to the extent required by HUD environmental criteria and standards contained in Subpart B (Noise Abatement and Control) of 24 CFR Part 51. The interior standard is 45dB. •Day-night average sound level (DNL) is the 24-hour average sound level, in decibels, obtained after the addition of 10 dB to the sound levels occurring between 10 p.m. and 7 a.m. It is used by agencies for estimating sound impacts and establishing guidelines for compatible land uses. •Florida leaves noise regulation to local governments; but, it exempts emergency situations, construction activities, agricultural activities, and special events. •The City of Atlantic Beach has no objective standard; but, it does state that ”…nor shall they be construed, to regulate the usual and customary noise incidental to urban life.” Attachment D to 4-14-25 Minutes Page 26 of 37Agenda Item #1.B.28 Apr 2025Page 44 of 211 3 dB Levels of Common Residential Items dB Levels of Common Residential Items •Air Conditioning Unit 50-75dB •60dB Conversational Speech •Dishwasher 55-70dB •Food Processor 80-90dB •Hair Dryer 60-95dB •Toilet Flushing 75-85dB •Lawn Mower 65-95dB •Leaf Blower 90-100dB •Weed Eater 80-100dB Site specific detail •Specified at 75dB @ 7m ( 23ft) of clear space •Located within a wood fenced compound approximately 37 feet from a privacy fence •A home that is well sealed but not acoustically treated will have a noise reduction level of 27 – 30 dB. NoiseQuest Pennsylvania State University Attachment D to 4-14-25 Minutes Page 27 of 37Agenda Item #1.B.28 Apr 2025Page 45 of 211 4 Screening What’s appropriate? Fairway Villas20th StreetMontreal StreetCamellia Street Attachment D to 4-14-25 Minutes Page 28 of 37Agenda Item #1.B.28 Apr 2025Page 46 of 211 5 Process •Current Process •Currently for major projects in the CIP we conduct workshops •Work in the ROW we place door hangers 48hr in advance on the work •We don’t notice or conduct workshops for work on city property considered usual and customary •Future Process? Attachment D to 4-14-25 Minutes Page 29 of 37Agenda Item #1.B.28 Apr 2025Page 47 of 211 Page 30 of 37 Agenda Item #1.B. 28 Apr 2025 Page 48 of 211 11 In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care deeply about community character and understand that unified support is required to preserve it. We are graced with the functional beauty of our beach, our marsh, and our tree canopy. Our shady streets and multi -use paths connect our welcoming neighborhoods and vibrant local businesses. Our city supports our diverse, multigenerational, socially linked community with green spaces, active lifestyles, parks, and programming. Vision Statement 1 Attachment E to 4-14-25 Minutes Page 31 of 37Agenda Item #1.B.28 Apr 2025Page 49 of 211 2 Create a strong sense of belonging and safety Preserve community character Connect our neighborhoods and businesses Promote a socially linked community through green spaces, active lifestyles, parks, and programming Maintain a strong financial condition suitable for implementing the City’s vision Themes Attachment E to 4-14-25 Minutes Page 32 of 37Agenda Item #1.B.28 Apr 2025Page 50 of 211 3 Prior Organization Charts RECREATION DIRECTOR ADMINISTRATIVE ASSISTANT PART TIME RECREATION ASSOCIATE Attachment E to 4-14-25 Minutes Page 33 of 37Agenda Item #1.B.28 Apr 2025Page 51 of 211 4 Neighborhoods Organization Chart NEIGHBORHOODS DEPARTMENT DIRECTOR (Amanda Askew) ADMINISTRATIVE ASSISTANT (Vacant) BUILDING DIVISION PLANNING DIVISION PARKS MAINTENANCE & ENVIRONMENTAL STEWARDSHIP DIVISION RECREATION DIVISION BUILDING OFFICIAL (May be Full time employee) PLAN REVIEWER/INSPECTOR (Mike Jones) PRINCIPAL PLANNER (Abrielle Genest) PARKS MAINT & ENVIRONMENTAL STEWARDSHIP MANAGER (Andre Gethers) SPECIAL EVENTS, PROGRAMMING & PERMITTING MANAGER (New) PLAN REVIEWER/INSPECT OR (May be outsourced) BUILDING PERMIT TECHNICIAN IV (Toni Gindlesperger) PLANNER (Kevin Auster) PARK RANGERS (6) Sean Daley Eric Williams Alec Stewart Scott Underwood Travis Canaday Mario Rhone RECREATION ASSOCIATE (Veronica Richard) BUILDING PERMIT TECHNICIAN (Luciana Cruz) CODE ENFORCEMENT / GIS COORDINATOR (Angela Irizarry) RECREATION ASSOCIATE (Charlene Ovshak) PT (budgeted FT) ADMIN - PT (Valerie Jones) Attachment E to 4-14-25 Minutes Page 34 of 37Agenda Item #1.B.28 Apr 2025Page 52 of 211 5 Authority E. It shall also be the duty of the City Manager to organize, reorganize and arrange the staff of the City and to develop and establish internal regulations, rules and procedures which the City Manager deems necessary for the efficient and effective operation of the City consistent with the lawful directives, policies, ordinances, state and federal law. THIS EMPLOYMENT AGREEMENT ( hereinafter referred to as the " Agreement") is by and between the City of Atlantic Beach, a municipal corporation ( hereinafter referred to as the City"), and William Killingsworth ( hereinafter referred to as "Killingsworth" or as "City Manager"), an individual who has the education, training and experience in local government management and meets all of the qualification requirements of the City Charter including but not limited to Section 22. . Sec. 13.Creation of new departments or offices; change of duties. The city commission, by ordinance, may create, change or abolish offices, departments, authorities or agencies. The city commission may, by ordinance, assign additional functions or duties to the offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 26.City departments. Administrative departments as established by ordinance shall report to and serve under the city manager. Attachment E to 4-14-25 Minutes Page 35 of 37Agenda Item #1.B.28 Apr 2025Page 53 of 211 6 Ordinance established departments CHAPTER 2 ARTICLE IV. - DEPARTMENTS DIVISION 1. - GENERALLY DIVISION 2. - POLICE DEPARTMENT DIVISION 3. - FIRE DEPARTMENT DIVISION 4. - DEPARTMENT OF FINANCE DIVISION 5. - DEPARTMENT OF PUBLIC WORKS DIVISION 6. - DEPARTMENT OF PUBLIC UTILITIES DIVISION 5. - DEPARTMENT OF PUBLIC WORKS Sec. 2-79. - Created. There is hereby created and established a department of public works. The department shall be an administrative department of the city responsible to the city manager. (Ord. No. 5-86-14, § 1, 1-27-86) Sec. 2-80. - Director of public works/city engineer—Appointment, compensation. The director of public works/city engineer shall be the head of the department of public works and his appointment or removal shall be authorized by the city manager. The director of public works/city engineer shall receive such compensation as determined by the city commission. (Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01) Sec. 2-81. - Same—Duties. The director of public works/city engineer, under the direction of the city manager, shall be responsible for the supervision of the maintenance of streets, sanitation, drainage facilities, stormwater and fleet maintenance. (Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01) Sec. 2-82. - Reserved. Editor's note— Ord. No. 5-01-35, § 1, adopted June 11, 2001, deleted former § 2-82, which pertained to divisions; appointment, compensation of chiefs, and derived from Ord. No. 5-86-14, § 1, adopted January 27, 1986. Sec. 2-83. - Other duties. The department shall perform such other duties as may be assigned by the city manager and the director of the department shall be responsible for keeping the city manager informed of the activities of the department. CHAPTER 6 ARTICLE II. - BUILDING CODE •Establishes Building Department •References Development Services Department •References Planning and Zoning Department CHAPTER 5 ARTICLE III. – Public Parks •References Parks and Recreation Department CHAPTER 24 ARTICLE III. – Section 24-48 •Establishes Planning and Community Development Director’s Office •Section 24-124 References Community Development Dept. CHAPTER 19 ARTICLE I. Section 19-4 – Special Events •References Recreation Department Attachment E to 4-14-25 Minutes Page 36 of 37Agenda Item #1.B.28 Apr 2025Page 54 of 211 7 So how shall we move forward? 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#9.B. 28 Apr 2025 Page 168 of 211 Agenda Item #9.B. 28 Apr 2025 Page 169 of 211 Agenda Item #9.B. 28 Apr 2025 Page 170 of 211 Agenda Item #9.B. 28 Apr 2025 Page 171 of 211 Page 172 of 211 CITY OF ATLANTIC BEACH PROCEDURES FOR APP 25‐0001 APPEAL FROM DENIAL OF VARIANCE ZVAR 24‐0015 BY COMMUNITY DEVELOPMENT BOARD 223 Ocean Blvd. Pursuant to 24‐49(b) of the Land Development Regulations (LDR) attached, appeals from a decision of the Community Development Board (CDB) may be made to the City Commission by any adversely affected person(s), or any officer, board or department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR, in whole or in part, and specify the grounds of the conflict or violation. Appeals of a CDB decision to the Commission are de novo, meaning that the appeal hearing proceeds from the beginning, as if the prior hearing at the CDB had not occurred. Quasi‐judicial proceedings, such as rezonings, uses by exception, variances, waiver requests, and appeals are not controlled by strict rules of evidence and procedure, but certain standards of basic fairness must be adhered to in order to afford due process. In quasi‐judicial hearings, the parties must be able to present evidence, cross‐examine witnesses and be informed of all of the facts upon which the Commission acts. The hearing must be fair and impartial and contain the following requirements:  Notice per § 24‐51(k), LDR.  Quasi‐judicial hearings can be very informal. The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence.  Written decision. The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes, ordinances, regulations and policies as well as the facts.  Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part of the record. Suggested Procedure for Appeal Hearings:  Mayor to Open Public Hearing.  City Attorney – Procedural reminders/correspondence made part of record.  Disclosure by the Commission members of any ex parte communications (per Resolution 95‐26, each Commissioner must disclose the subject of the communication and the identity of the person, group or entity who made the communication before final action).  Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB.  Commission questions for Staff, if any.  Applicant, and/or representatives/legal counsel, if applicable, present the request and support for approving the variance request and Applicant’s witnesses, if any, make presentations.  Commission questions for Applicant/witnesses, if any.  Public comments – 3 or 5 minutes, depending on number of speaker cards submitted to Clerk.  Closing comments/rebuttal by Applicant (may include cross‐examination if requested).  Mayor closes Public Hearing.  Commission deliberation and action, based on provisions set forth in Section 24‐65 (c), Land Development Regulations, Variances (attached), which will be memorialized in a written order.  Commission may approve, approve with conditions or deny the variance request.  Per Section 24‐65 (c), a variance may be approved if the Commission finds that one (1) or more of the following factors exists to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Agenda Item #10.A2. 28 Apr 2025 Page 173 of 211 REFERENCED CODE SECTIONS Sec. 24‐49. ‐ Appeals. Appeals of administrative decisions made by the planning and community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth in section 24‐51 hereof. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the planning and community development director. Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the planning and community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, ruling, decision or determination being appealed. The planning and community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the administrator shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. Agenda Item #10.A2. 28 Apr 2025 Page 174 of 211 Sec. 24‐65. ‐ Variance.  Sec. 24‐65. ‐ Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a variance may be authorized include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in section 24‐51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case‐by‐case basis and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. (2) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use‐by‐exception in the applicable zoning district. In the case of an application for a use‐by‐ exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use‐by‐exception by the community development board. In the event, that the use‐by‐exception is denied by the community development board, any approved variance shall be rendered null and void. (3) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. Agenda Item #10.A2. 28 Apr 2025 Page 175 of 211 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re‐submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty‐five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one‐time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. 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