4-28-25 Final Agenda
City of Atlantic Beach
Final 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
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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
*
7.A.
Reappointments to the Board Member Review Committee (BMRC)
Reappointments to BMRC
131 - 134
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
135 - 139
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
141 - 142
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Regular City Commission - 28 Apr 2025
ENDING SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 20-25-179
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
143 - 175
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
177 - 180
10.A3.
Swearing in of all persons who will speak
10.A4.
City Staff Overview
APP25-0003
181 - 215
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,
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Regular City Commission - 28 Apr 2025
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
Page 4 of 215
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 215
Page 2 of 13
Agenda Item #1.A.
28 Apr 2025
Page 6 of 215
•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 215
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 215
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 215
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 215
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 215
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 215
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 215
ESC Priorities Attachment A
to 4-14-25 Minutes
Page 10 of 13Agenda Item #1.A.28 Apr 2025Page 14 of 215
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 215
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 215
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 215
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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 215
Regular City Commission
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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
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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 215
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
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Agenda Item #1.B.
28 Apr 2025
Page 22 of 215
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
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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 215
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
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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 215
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 215
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 215
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:________________
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1
20th Street Lift Station
Attachment D to
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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
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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
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4
Screening
What’s appropriate?
Fairway Villas20th StreetMontreal StreetCamellia Street
Attachment D to
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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
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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
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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
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Page 32 of 37Agenda Item #1.B.28 Apr 2025Page 50 of 215
3
Prior Organization Charts
RECREATION DIRECTOR
ADMINISTRATIVE
ASSISTANT
PART TIME
RECREATION
ASSOCIATE
Attachment E to
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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
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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
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Page 35 of 37Agenda Item #1.B.28 Apr 2025Page 53 of 215
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
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Page 36 of 37Agenda Item #1.B.28 Apr 2025Page 54 of 215
7
So how shall we move forward?
Attachment E to
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Page 37 of 37Agenda Item #1.B.28 Apr 2025Page 55 of 215
Page 56 of 215
Agenda Item #2.A.
28 Apr 2025
Page 57 of 215
Page 58 of 215
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:90-Day Calendar for the City Commission
SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager
TODAY’S DATE:April 23,2025
MEETING DATE:April 28,2025
BACKGROUND:The rolling 90-day calendar is routinely revised based on input from City
staff and the Commission,and is included in each agenda for consideration by consensus.
Please note that the 2025 town hall meetings have been scheduled for:
0 Saturday,July 19 at Gail Baker Community Center
0 Saturday,October 18 at the Adele Grage Cultural Center
Please note that the Budget Workshops for FY 2025-26 have been scheduled for 5 pm.on:
0 Monday,June 9
Monday,June 23
Monday,July 14
Monday,July 28
Monday,August 25
BUDGET:None
RECOMMENDATION:Accept the 90-Day Calendar for April 2025-June 2025 by consensus
ATTACHMENT(S):City Commission 90-Day Calendar (April 2025-June 2025)
REVIEWED BY CITY MANAGER:
Agenda Item #3.A.
28 Apr 2025
Page 59 of 215
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Page 62 of 215
m I.w;4.3-1.2?#553?"
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ORDINANCE NO.95-25-124
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.—,
I;IENVIRONMENTAL STEWARDSHIPCOMMITTEE-INTENT,INTO.A
NEW DIVISION 7,ENTITLEDENVIRONMENTALSTEWARDS
HIPx.:v;COMMITTEE,.ANDRENUMBERING.WITHNEW.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.
WHEREAS,Sec.23-52 of the Code of Ordinances for the City of Atlantic Beach
provides details for the Environmental Stewardship Committee (ESC)and the city recognizes
this topic should be its own division (now Division 7)and renumberthe SubSectionswithin
Chapter 23 to help better organize the codes;and
WHEREAS,the City desires to standardize city boards and committees,to the greatest
extent possible;and
WHEREAS,by standardizing the ESC it is necessary to remove the sections related to
subcommittees (amendments to Sec.23-23 and 23-25);and
WHEREAS,the City desires to standardize city boards and committees,to the greatest
extent possible;and
WHEREAS,establishing consistent,uniform boards improves ef?ciency and
productivity.
NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Pu ose and Intent.The purposeand intent of this Ordinanée are to standardize
city boards and committees to improve ef?ciency and productivity
Page 1 of 150rInanceNo.95-25-124
RED text is from second read on April 14,2025
BLUEtext reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between the second read and the amendments presented to
Commission on April 14,2025.
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 63 of 215
4A___P#L
a.“h u,.$4..#4.!“
send to Environmental Stewardshi Committee ESQ)
SECTION 2.Pu ose and Intent.Amend Sec.,23-23 Permit procedure,Sec.23-25 Appeals and
Variances and Sec.23-52,Environmental Stewardship Committee Intent,of the Code of
Ordinances is hereby amended as follows:
Sec.23-23.Permits procedures.
(a)Application required.The applicant for a tree or vegetation removal permit shall submit the
established fee along with the applicationform as created and provided by the city to the
designated administrativedepartment:The application .shall contain all required narrative‘1'3*'::.'w‘
—»and graphical information necessary to determine compliance with this chapter.‘Ifthe
(1)Existingidis'brhparc?elsiAWhenatreeorvegetation removal permitisrequired?“L "2
applications for tree or vegetation removal shall be made prior to removal and prior to
any site disturbance or grading on a lot or parcel.
(2)New or re-platted subdivisions.Applications for tree or vegetation removal that will be
part of a new subdivision plat or a re-plat shall be submittedalong with the preliminary
subdivision plat application so that due consideration may be given to the protection of
regmlatedtrees and regulated vegetation during the site planning and subdivision
process.Trees to be protected shall be noted on the ?nal subdivisionplat,and -
subsequent applications for individual lots or parcels shall be consistent with the
approved ?nal subdivision plat,or application for a new tree removal permit shall be
required.
(3)After-the-factpermits.Any person(s)engaging in the removal of regulated tree(s)or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain
an after-the-fact permit,and meet mitigation requirements as assessed.
(b)Su?iciency review ofapplications.
(1)Upon receipt of the application and appropriate fee,the administrator shall conduct a
preliminary review within ?ve (5)business days to determine that all required
information has been submitted and is suf?cient for review purposes.The applicant
shall be noti?ed of any de?cient items.Upon submittal of de?cient or missing
information,the administrator shall again review the application.If the requested
information has not been provided or is insuf?cient,the applicant shall be noti?ed in
writing that no further review will be performed until the requested information is
provided and found to be suf?cient.
(2)The administratorshall upload all tree permit applications to the city's website
4 ,
within three (3)days of being
deemed suf?cient in accordance with this section.
Or Inance No.95—25-124 Page 2 of15
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14.2025
GREEN text reflects amendments that are in con?ict between the second read and the amendments presented to
Commission on April 14,2025.
‘Jr
r1
applicant 15not {he property ownerw-proper’owncis authonzatlon shall also be reqlm‘ed‘‘5?”‘5S'?ui??i5;
h
v,
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 64 of 215
The ESC '‘ma review an ermita llcationfor cum llancc with
1111sLha tcr andma ruudc rccummcndatmns In the admimstramr re ardin the
1n
ne?eeef—imeent—te-issue—a—thearoved
1 .’.11'l l l
Cum;ZLLJanumu Mg.)”Mi:439341cw;1(9er and me.3mg.ch12m..:_
(C)
(d)
()The administrator may refer the application to other city department(s),the_i_='i1
or a consultant during preliminary review.The applicant shall be
noti?ed if extended review by other departments and/or professionals is required
(')An application shall be deemed abandoned thirty (30)days after the date the
administrator noti?es the applicant of any de?ciencies contained in the application if
the-applicant has failed to submit all of the de?cient or missing information.The
administrator may,upon written request and justi?cation by the applicant,grant not
more than one (1),thirty-day extension.At the expiration of the extension,the
application shall automatically become null and void.In such cases,the application
review fees will not be refunded.
Review by other agencies.At the discretion of the administrator,relative to the
environmental sensitivity of the site,appropriate written sign-offs,permits or consents from
the agencies listed below which have jurisdiction may be required prior to regulated tree or
regulated vegetation removal from sites contiguous to or containing environmentally
sensitive areas or lands.The applicant shall obtain the written approvals,permits,or
consents and submit the agencies'written veri?cation to the city:
(1)Army Corp of Engineers (ACOE);
(2)Saint Johns River Water Management District (SJRWMD);
(3)Florida Department of Environmental Protection (F DEP);
(4)Any other applicable governmental agencies extending jurisdictional controls over the
site.
Compliance review and approval of applications.When the administrator'sapplication
review process and inspections have been completed,the administrator shall distribute
tree permit to the applicant and all members of the
ESC and upload the draft permit to the
city's website.
0r Inance No.95-25-124 Page 3 of 15
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14.2025
GREEN text reflects amendments that are in conflict between the second read and the amendments presented to
Commission on April 14,2025.
53
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 65 of 215
GREEN text reflects amendments that are in con?ict between the second read and the amendments presented 0
Commission on April 14,2025.
(e)Expiration ofpermits.Work pursuant to the permit shall commence within six (6)months
of the date of issuance,or the permit shall expire.If the tree removal permit is in connection
with a development permit,compliance with the tree removal permit shall be determined
before the applicable development permit's ?nal inspection,or issuance of certi?cate of
completion or certi?cate of occupancy,as applicable.
(f)Content ofpermits.The permit shall be issued in such form as may be prescribed by the
administrator and shall set forth in detail the conditions upon which the permit is granted
and speci?cally identify which land areas shall be cleared and/orwhichtrees shall be
permitted to be removed.One (1)permit may,covervseVeralztreesoragroupsoftreeswas long.
as the trees or groups of trees can be clearly identi?ed thereon;provided,however,no
"permitinay‘beissiied for morethan'one'(T‘Ho‘tfparce1-'briarea?flanti-“uhless"sti‘ch‘elots
’fi"
“We
parcels or areas of land shall be contiguous to one another and consideredas one (1)parcel
for the purpose of development.
(g)Posting ofpermits.The permit shall be posted in a conspicuous and visible place at the front
of the property by the applicant prior to any tree removal.The permit shall remain posted on
the property during all applicable tree and vegetation removal activity and until ?nal
inspection by the city.It is the responsibility of the applicant to maintain the permit in a
clearly visible manner at all times.
(h)Amendment ofpermits.Requests for minorchanges to approved plans shall be made as an
amendment to the applicable permit.Additional information submitted with a request for
permit amendment shall be adequate to fully document the nature of the proposed change
and the effect it will have on all aspects regulated by this chapter.All plans,reports,
calculations,and other information affected by the proposed amendment shall be updated so
as to maintain an accurate record of the development activity.Review time for any changes
to plans approved for a permitted site shall be the same as speci?ed for the review of a new
application.An amendment to a permit shall not automatically extend the expiration date.
Substantial changes,including signi?cant increases in the number of trees to be removed or
land to be cleared,increases in impervious surface area,changes to intended land use,
modi?cation of stormwater management systems,or any other change that constitutes a major
modi?cation to a site plan or subdivision,new phases of development or other additions,shall
not be treated as amendments,but shall require a new permit application and fee.
(i)Revocation ofpermits.
(1)By administrator.The administrator may revoke any permit issued pursuant to this
chapter,folldwing notice in writing to the permittee and after providing the permittee
opportunity to respond to the notice,in either of the following circumstances:
a.The administrator ’?nds that the permittee has continued with any development
activity on a site for which a permit was issued,while the site is under a stop work
order which has not been reversed,canceled or suspended pursuant to this chapter,
except for speci?ed remedial work required to bring the violation into compliance
with the approved permit;or
Or mance No.95-25-124 Page 4 of15
RED text is from second read on April 14,2025
BLUEtext reflects amendments presented to Commission on April 14,2025
l1;:1~
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 66 of 215
CPhetree—subeemmi?ee
s ecial meetin
or re uest a
GREEN text reflects amendments that are in conflict between the second read and the amendments presented to
Commission on April 14.2025.
‘4‘»:qu 53;;:31 ,5 ;J.;.;w:in Cr):f'mr‘:barn/am :‘rwa5-
Cum m]
b.If the administrator ?nds that the approval of the permit was based on incorrect
information furnished by the applicant for the permit.Based upon such ?nding,
however,the administrator may make reasonably necessary accommodations to
the conditions of a permit in lieu of revoking it.
(2)Discontinuance ofwork.Revocation of a permit may also result in a stop work order in
accordance with section 23 -48.
Sec.23-25.Appeals and variances.
‘21—;Ta?"
chaptermay be made _bXthe applicant,any member ofthe ESC ,_~
g or an
OD)
Ap?é‘h‘ls appeals of'?nal'ti'ecisions by the administrator made 'uri‘die‘r'tlieantherityb‘f’thi
's”
ilk-(H‘adverselyaffectedpartyinaccordanceWiththe iollowmgprov1s1ons.Anyl'appealnled
purSuantto this section shall stay all work onthe premises and all proceedingsin
furtherance of the action appealed,unless the appropriate administrative of?cial certi?es
that a stay would cause imminent peril to life or property.
(1)Appeals of a ?nal action or decision by the administrator shall be ?led in writing with
the administrator within ?ve (5)business days after rendition of the decision or ?nal
order being appealed.Upon receipt of a timely ?led appeal,the administrator shall
place the matter on the agenda of the next ESC .meeting ~
within a reasonable periodnof time with proper-publicnotice,as well as
due notice to interested parties.ESC ,shall review the
application for compliance with the requirements of hapter 23 and shall,by majority
vote,recommend that the administrator either approve,approve with conditions,or
deny the appeal.If the appellant is a member of the ESC _,that
member shall not participate in the decision.The administrator shall issue or deny the
permit within ?ve (5)business days after the ESC meeting.
Variances.The community development board is authorized to grant relief from the strict
application of this chapter where,due to an exceptional situation,adherence to the
regulations of this chapter results in "exceptional practical dif?culties or undue hardship"
upon a property owner.The community development board must determine that granting
the request will not cause substantial detriment to the public good and will not be
inconsistent with the general intent and purpose of this chapter.The applicant has the
burden of proof.Any request for a variance pursuant to this section shall stay all work on
the premises and all proceedings in furtherance of the action appealed,unless the
appropriate administrative of?cial certi?es that a stay would cause imminent peril to life or
property.
(1)A request for a variance shall be submitted on an application form as provided by the
city and shall contain each of the following:
a.A legal description of the property for which the variance-isrequested.
b.A reasonable statement describing the reasons and justi?cation for the variance.
c.A survey or site plan indicating existing,removed,and/or proposed trees;existing
and proposed construction,as well as other signi?cant features existing on the lot.
0r mance No.95-25-124 Page 5 of 15
RED text is from second read on April 14,2025
BLUEtext reflects amendments presented to Commission on April 14,2025
an
"<“PM”Van-u n2»Mn 9 m i 's 4
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 67 of 215
-.-.413.-
GREEN text reflects amendments that are in conflict between the second read and the amendments presented to
Commission on April 14 202 .
d.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 behalf of
the property owner shall be provided with the application.
(2)Upon receipt of a complete and proper application,the administrator shall within a
reasonable period of time schedule the application for a public hearing before the
community development board following the 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 authorizedagent.
a."Appllcatlonsfor aVahanceShallbe Consideredon a case-by-case basisandshall
J"?approvedonlyupon ?ndingsoffactthattheappllcatlon1scons1stentwiththe
14..-.definitionofaVarianceandconsistentWiththeprovisions of thissection
b.Variances shall notbe granted solelyfor the personal comfort or convenience,for
relief from ?nancial circumstances,or for relief from situations created by the
property owner.
(3)Grounds for approval of a variance.The community development board shall ?nd that
one (1)or more of the following factors exist to support an application for a variance:
a.Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
b.Existing electrical lines or utility easements that prevent or restrict the
preservation or planting of landscape materials.
0.Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
d.Designs and plans that,to the greatest extent feasible,avoid encroachment upon
preservation areas and/or trees.
In the event the community development board ?nds that none of the above exist,then
the community development board shall deny the variance.
(4)Approval of a variance.To approve an application for a variance,the community
development board shall ?nd 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 enforcementprocedures.
(5)Approval of lesser variances.The community developmentboard 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.
0r mance No.95-25—124 Page 6 of 15
z ;”f;-”7"”?
RED text is from second read on April 14,2025
BLUEtext reflects amendments presented to Commission on April 14,2025
>«a
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 68 of 215
DIVISION 7.—ENVIRONMENTAL STEWARDSHIP COMMITTEE
%i WWPM ose
Passive P reserves
listed below.The Cit
Commission will rioritize the committee’s work lan related to these recommendations:
and;uUpon eC eC
6C and 6C mM
(6)Nearby nonconformity.Nonconforming characteristics of nearby lands,structures or
buildings shall not be grounds for approval of a variance.
(7)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-?ve (3 65)days from the date of denial.
Sec.23-5
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 communitv 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 beauti?cation 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 in?uenCe
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.
(a).It shall be the purpose of the
environmental stewardship committee:
(1)To study and make recommendations to the city commission and city staff with
respect to the city‘s:
a.Maritime forest;
b.arks and open spaces;
0.Beauti?cation of public and private spaces;and
d.Environmental stewardship.
(2)To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
Scope ofactivities.Theenvironmental stewardship committee shall provide guidance and
support to the ity ommission ity
request by the ity omission or city manager,shall
provide written recommendations,in the following areas
Page 7 of 150rinanceNo.95-25-124
riorities and'umt Commiwon I','\(‘\mrlxsho to dixcuss the cummlttcc’~.
REDtext is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between the second read and the amendments presented to
Commission on April 14,2025.
annual vx01k
and
anage .
The maritime forest in Atlantich e?thli‘ékzbr‘eté:the'éitir'é’i?entity"as"a srnall-cOaStalvillage
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 69 of 215
in}Jaii':'i‘U 4"
passive s,reserves and 0 en
(l)Maritime forest:
a.Clarifying and strengthening the city's processes and all tree and landscape
related city codes and ordinances;
b.Monitoring the appropriate administration and enforcement of the city's
ordinances;
c.Promoting transparency through online access to relevant information;
(1.Developing and maintaining environmental educationand outreach
programs about the maritime foreStand relevant codes;'
e.V.P«romoting appropriate,planting and care~-oftrees.on.private'property
owners,developers,builders,and tree/landscape service contractors;
f.Developing and maintaining a long—termtree plan that includes an
assessment of the tree canopy,projecting future needs,and developing a
calendar and budget for tree planting in parks,public spaces and along
streets and rights-of—way;
g.Promoting tree canopy advocacy including upholding the city‘s status as a
bona ?de "Tree City USA;"
h.Developing a processfor systematic,review of the city's enforcement ‘of
the existing tree codes,including the long-term health of trees planted
for mitigation;and
i.Developing and maintaining a process for citizens to communicate possible
violations to the city.
and open spaces:
a.Developing and maintaining a long-range plan to protect,improve and
beautify park spaces;
b.Improving access to and amenities for parks including disability
accommodations,bike paths,parking,signage and other user friendly
features;
c.Expanding the city's inventory of parks and conservation land through
acquisition or other means;and
d._Maintaining a web-based,publicly accessible inventory of parks including
their history,archeological value,rules of use,deed restrictions and
conservation easements.
(3)Beauti?cation-of public and.private spaces:
a.Enhancing public spaces,including public rights-of—way,roadsides,city
buildings,beach accesses and other publicly held properties with art,
carefully maintained landscape design and plantings;
Page 8 of 150rmanceNo.95—
UJ‘.
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between the second read and the amendmen 5 presented to
Commission on April 14,2025.
(2)Passive pParks
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 70 of 215
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b.Incentivizing and advocating for beauti?cation of private and commercial
spaces;
0.Reducing the number and appearance of degraded or blighted
properties;and
(1.Developing a design theme/community branding for signage,bus shelters,
lighting and other elements of the built environment.
(4)Environmental stewardship:
1 a:Utilizing best'practices,including a science based approach;.when making”
a -,any decisionaboutdevelopmentanditsImpactonourenv1ronme
nt
,1 “an!‘r.b.Protectingthebeach,dunes,marshlandsand.wetlandsascriticaldefen
sesinhurricane,erosion and ?ooding conditions;
0.Communicating the dynamics of tidal drainage and ?oodplain with the
goal of preserving the city's ?ood management system;
d.Reviewing the city's environmental codes and ensuring enforcement of
rules including,but not limited to,dumping,septic tanks and commercial
pollution;and
e.Reviewing,updating and maintaining the Marsh Master Plan for
adherence to current research about sea level change and wetlands
preservation.
”members
Sec.23—57.—Ci staff administration su orts.
a Staff will be assi ned b the Cit Mana er or desi nee to rovide technical and
administrative su ort.Staff will assist the Committeeb re arin a ro er notice
and minutes of meetin s and other administrative and technical services as needed.The
minutes will be ?led with the Cit Clerks of?ce.
b Staff will be res onsible for the collection and ex enditure of an Cit funds in
accordance with urchasin uidelines.
Sec.23—58.—Membershi terms a ointments e0 ra hie re uirements com osition.
eommittee—shall—eonstitu-te—a—q-uerumrFive5members of the committee shall
constitute a uorum althou h a smaller number ma meet without takin of?cial
action.Re ardless of the number of committee members in attendance an action
needs at least ?ve 5 votes in the af?rmative to ass or fail an item.
()Membership.The coniihittéeshall
No member
Page 9 of 150rInanceNo.95-25-124
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments th t er in conflict between the second read and the amendments presented to
Commission on April 14.2025.
in
cndas
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 71 of 215
foard member review comm
0d
mmmcnt unlcss term {med since
or elected osition.Hemofthecommitteeshallholdanyotherpublicof?ce
()Terms.
members shall serve 1-year terms.Members shall not
serve more than _.
_
consecutive 5:":_';:._terms on the committee
:.,.Allterms shall expire on December 31 of the proper
year,proVided‘hO‘Wever,that members whose terms expireshall continue to Serve
,untilreplacementappomtmentsareeffective.Any committeememberwhowish
es“toresignshouldsubmit a letterofresignationto thechairmanandcityclerkAny
Vacancy duringtheunexpiredterm of an appointed member shall be?lledfor the
remainder of the term.Should the length of the unexpired term be less than one
(1)year,then such appointment shall not count towards the maximum number of
consecutive terms.
()Appointments.'0mmittee
members shall be
by the commission.and shall be ihe—eemen—shaH—seleet—HW
MembeFReprese?ta?e?W
Mafge WW
Art-WEE Mayer-W
At—l-arge Mayer—(é—yeafs)
2 ..E3 3
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Emmet—PW WWW
ittee
KS :13:.um‘iu‘u C
Page 10 of1rmanceNo.95-25-124
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between the second read and the amendments presented 0
Commission on April 14,2025.
{)1
f.
cram vxas tenn-limltcd.I’ll
".'LWOQ
thaw Q
..u-.5 m“
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 72 of 215
(l
()
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D
code(’r‘SCI'V 11 term.:An member as of the ado tin can ?nish out the111athisCr
\
()
()Geographical requirements.There shall be at least one (1)member representing
each city district on the ommittee.Each committee member must be a full time
resident of the city or own real property in the city.For the purpose of this section,
full time residency shall be de?ned as the person's principal place of abode.Any
member must immediately notify the city manager and chair in writing
upon no longer meeting the membershipquali?cations
()Composition.To the extentpossible,committee membersshould demonstrate at
or interests:-.‘-
a.
P”9.0qut'hsnp—l-
Knowledge of best practices in environmental management and
sustainability;
Land development and building construction;
Urban planning and design;
Arboriculture and horticulture;
Landscape architecture;
Environmental policy;
Environmental and constitutional law;
Community engagement;and
Educational programming.
Organization
The ommittee shall
Special meetings may be called by the ,at least
forty-eight (48)hour notice
fé Procedures and rules of Officers
11 1 +19—Qe ?eet—en—the—seee?erednesd-ayof—eaehmenth
schedule no more than two 2 month]meetin s in the Cit Commission
Chamber or other ublic venue
(2)chaircit mana er provided—with a
g L..3 l ll ..til I
3 All meetin s of the Committee shall be ro erl noticed and 0 en to the
public.
‘23 me.611“;slhanlpiésféelata“”leatmgs 3‘the eemm?tee 11““E Elm“51ml}
4 The Committee and each member shall com 1 with the Florida Government in the
Sunshine Law Florida Code of Ethics for Public Of?cers and Em lo ees Florida
:cm t1 :-231:11;‘.«_mm)mm:Mg d4 rm 3:;an prusuguw
Page 11 of150rInanceNo.95-25-124
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between the second read and the amendments presented to
Commission on April 14,2025.
1,];
least one (1)of the ifol'léwing‘skills,ax‘peri’ehce;.‘exp'ertise,educational‘backgmund
cit clerk
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 73 of 215
()
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subcommittee xhall dex e10 and recommend olleie<
ru ram»reserV in roteetin and enhancm the
communi ‘s tree eano
,
The committee shall establish a tree subcommittee in accordance with subsection
below.
()The committee shall subcommittee
Public Records Law and related rovisions of the Cit ’s Code of Ordinances and
5 The Committee shall elect a chair and Vice—chairat the re ularl —scheduled
meetin in Janua each ear.
6 In all cases involvin oints of arliamenta law "Robert's Rules of Order"
shall be the book of reference and its rules so far as the are a licable and not
in con?ict with the rovisions of the cit ‘5 Charter Code or other cit I
ordinances shall be the rules of this Committee.
75 establish—a—tree—not create g in—aeeerdanee
g6
'meetin
~'z"n ~w ,(gm:tan EC“:3.“.
()Removal ofmembers.Any member on the committee may be removed for cause by the
city commission upon written'charges and after public .Any member
whofails to attend three (3)consecutivemeetings without prior notice to the director
of planning and community development or his/her designee and without reasonable
cause shall have 'declared vacant by the committee.The vacancy
shall be promptly reported to the city clerk and ?lled by the city commission.
0r Inance No.95-25-124 Page 12 of 15
3.3i El?n.“£5
their—his?ee—leg
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between the secand read and the amendment"presented to
Commission on April 14,2025.
and incentives aimed at
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 74 of 215
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Establishmento tree subcommittee members/1i terms.
There is hereb established a tree subcommitteeof the environmental
stewardshi committee referred to in this subsection as the subcommittee.
“The subcommittee shall s stematicall reviewtree "ermit‘s submitted to the
cit for com leteness and to determine com liance with the revisions of
this cha ter 23 as more articularl described in this subsection.m
ermits.The subcommittee shall consist of three 3 members and one ‘1
alternate member.The alternate shall serve in the case of the absence of an
of the three 3 members.The members of the environmental stewardshi
committee ma .volunteer to serve on the subcommittee and shall be
a ointed to the subcommittee b the environmental stewardshi committee.
All of the members of the subcommittee shall be members of the
environmental stewardshi committee.The environmental stewardshi
committee shall a oint or remove the members of the subcommittee b
sim 1e ma'orit vote.Fillin vacancies shall take lace at the next re ular
scheduled meetin of the enviromnental stewardshi committee after a seat
on the subcommittee has become vacated.Members of the subcommittee
ma serve for as lon as the serve on the environmental stewardshi
committee.
2 Or anization of tree subcommittee.
a.The environmental stewardshi committee shall establish a re ular meetin
b.The administrator or desi nee shall attend all meetin s of the subcommittee.
A citv staff member designated bv the citv manager shall act as clerk for the
subcommittee.The clerk shall be res onsible for the clerical administration
of the subcommittee.The clerk shall also be res onsible for the maintenance
and reservation of all records of the subcommittee in coordination with the
cit clerk's of?ce.
0.The subcommittee shall utilize the rules of the environmental stewardshi
committee.Robert's Rules of Order shall be followed to conduct meetin 5.
All meetin 5 shall be 0‘en to the ublic.The subcommittee shall kee
minutes of the roceedin s recordin the vote of each member u on each
e .r“4J3“;3'ij ,‘:C :‘J u JCk‘
Page 13 of15rinanceNo.95-25-124“
RED text is from second read on April 14,2025
BLUE text reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in conflict between th second read and the amendment presented to
Commission on April 14,2025CC:"MEL 1 J‘xUJri‘L
schedule of the tree subcommittee.-
'
‘E:
subcmnmittcc shall roducc a bi—annualre on on the tree mum and tree
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 75 of 215
Sec 23-59.Liabili to Ci
The Cit Commission shall consider the recommendations r0 osed b *
the
CommitteA but nothino in this‘gegtjgngr (Eh .rwise shal b c nstrued as authg?giggg
e’m owerin the Committee to im 036 an liabilit of an nature ?nancial or otherwise
u on the Cit without Cit a roval.
uestion or if absent or failin to vote indicatin such facts.It shall kee
records of its examinations and other of?cial actions all of which shall be
rom t1 ?led with the cit clerk's of?ce and shall become ublic record.
The subcommittee will 0 erate in com liance with Florida's Govemment in
the Sunshine Laws.
m rm"u....m.
«L r
.1}‘1
A n v
or the of the Ci of Beach’sStaffubhsher\tlantie Code Ordinances
oration \wmmunieodeeom 1~hereb directed to ineo orate the re»1sed
rous‘ons rmided herein into the (‘1t X Code of()rd111 11’1CC5.
(‘11-.1tei 2 1 111;he renumbered or re—letteredand xern ener‘s €11“fo torniattln and t 0 r4 hieul
errors and other minor ll’ladVertent thdl error»111 (‘ha ter 23 Vthieh do not affect the intent
authorized b the (1t Menu and Cit Attoine need heann
corrected V»ith
SECTION 3.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance
arerepealed to the extent inconsistent herewith.
SECTION 4.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision
of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5.
GREEN text reflects amendments that are in conflirt between the second read and the amendments presented to
Commission on April 14,2025.
SECTION 5.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSEDby the City Commissionon ?rs't‘readingthis day of 2,025.
PASSED by the City Commission on second and ?nal reading this day of
,2025.
Page 14 of 150rinanceNo.95-25—124
JIJ .414!JJSE1)‘
',.‘.gnu “had 'JQ‘JILJJJJZ‘IJLS}_>J'-53IJ
M 011 an A5):’If EPICS“
RED text is from second read on April 14,2025
BLUEtext reflects amendments presented to Commission on April 14,2025
Munici a
Without themabeer
of the Cit
Sections of
I'J-“1
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 76 of 215
OH'
Approved‘as to form an'dicOrre'ctness:
Curtis Ford,Mayor
CITY OF ATLANTIC BEACH
Jul-mo Jinnuunlwmg HIM;m :3 ”1 WWW ‘
.Am .‘L'J,.‘
UK“”it I
CUUJJILJ.551 ow U
.
Page 15 of 15rmanceNo.95—25—
REDtext is from second read on April 14,2025
BLUEtext reflects amendments presented to Commission on April 14,2025
GREEN text reflects amendments that are in con?ict between the second read and the amendments presented to
Commission on April 14,2025.
Donna L.Bartle,City Clerk
4’“
Jason Gabriel,City Attorney
Attest:
FOR DISCUSSION(April 17,2025)
Agenda Item #5.A.
28 Apr 2025
Page 77 of 215
Page 78 of 215
Agenda Item #5.B.
28 Apr 2025
Page 79 of 215
Agenda Item #5.B.
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Page 80 of 215
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Agenda Item #5.B.
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Agenda Item #5.B.
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Page 83 of 215
Agenda Item #5.B.
28 Apr 2025
Page 84 of 215
Agenda Item #6.A.
28 Apr 2025
Page 85 of 215
Agenda Item #6.A.
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Page 86 of 215
Agenda Item #6.A.
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Page 87 of 215
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Page 109 of 215
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Agenda Item #6.A.
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Agenda Item #6.A.
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Page 120 of 215
Agenda Item #6.B.
28 Apr 2025
Page 121 of 215
Agenda Item #6.B.
28 Apr 2025
Page 122 of 215
Agenda Item #6.B.
28 Apr 2025
Page 123 of 215
Agenda Item #6.B.
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Page 124 of 215
Agenda Item #6.B.
28 Apr 2025
Page 125 of 215
Page 126 of 215
Agenda Item #6.C.
28 Apr 2025
Page 127 of 215
Agenda Item #6.C.
28 Apr 2025
Page 128 of 215
Agenda Item #6.C.
28 Apr 2025
Page 129 of 215
Page 130 of 215
AGENDA ITEM:Reappointments to the Board Member Review Committee
SUBMITTED BY:Donna L.Bartle,City Clerk on behalf of Mayor Ford
DATE:April 22,2025
MEETING DATE:April 28,2025
BACKGROUND:The purpose of the Board Member Review Committee (BMRC)is to encourage
citizens to apply to serve on the City’s boards and committees including requesting applicants to consider
boards or committees other than those that they originally applied for,to review and consider available
applications when vacancies occur,to consider recommending existing board and committee members to an
additional term,and to make recommendations to the Mayor as to which applicants to appoint to ?ll those
vacancies.
The BMRC is comprised of ?ve (5)members as follows:Member 1:a sitting City Commissioner,who
serves as chairman of the Committee for a one-year term and eligible for additional terms;Members 2-4:
three citizen members,who serves three-year terms and eligible to serve three (3)consecutive terms;and
Member 5:the chairman of the board or committee for which vacancy or reappointment is currently being
considered and serves only for those meetings where membership on their board or committee is being
considered.
Mayor Curtis Ford (Member 1),Sean Keane (Member 3),and Pamela White (Member 4 )are continuing to
serve until their reappointments or replacements become effective,in accordance with AB Code Sec.2
—131(c).All are eligible and interested in reappointment.
Currently,we also have three new applicants on ?le for consideration to the BMRC -Brinkley Harrell,Linda
Lanier,and Nancy Staats.
Board Member Review Committee members will be appointed by the Mayor subject to approval of the
Commission.Mayor Ford is requesting approval of the reappointments shown below.
RECOMMENDATION:
1)Reappoint Mayor Curtis Ford as the Chair of the Board Member Review Committee (Member 1)
for an additional one-year term beginning immediately and ending December 31,2025.
2)Reappoint Sean Keane to serve on the Board Member Review Committee (Member 3)for an
additional term beginning immediately and ending December 31,2027.
3)Reappoint Pamela White to serve on the Board Member Review Committee (Member 4)for additional
term beginning immediately and ending December 31,2027.
ATTACHMENT:Resolution No.18-52
BY CITY MANAGER:
CITY COMMISSION MEETING
REPORT
Agenda Item #7.A.
28 Apr 2025
Page 131 of 215
\\lll.l(l'!\!~:uEi.wt].2 1w L:and mild my;1.»:(u rackicshaL the ‘:l (“numazmn
at.‘~"x.ue,-u.v1ma?nxrm :='mm..“.1".v whims-ilk“n.v:has 3':w mmii!m
n'\..i;‘.l ma nun;1441Hd'lluti v.3!1.32:d‘f‘i'fu?tt‘?"'mn «uh ..»-1 cm
"EQ’I-ETETEATSfailiowi’:a 2'0 31'and val‘c’.vets1’30":reconsiderationthe Ci:’30-”?'1'1’
133icf:
now desires it;umdif this Resclution to allow czmmit’teemembers to sews in other ublic office '
I red,the OW?E‘S and art}.of the comm‘“33Kerwinadviser ml .
RESOLUTION NO.18-52
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AMENDING THE MEMBERSHIP PROVISIONS FOR THE BOARD
MEMBER REVIEW COMMITTEE;AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Board Member Review Committeewas created by the City Commission
pursuant to Resolution 05-04,as amended by Resolution 06—03,Resolution 12-08,and fuither
amended by Resolution 17-32,to review applications and make recommendations to the City
Commission for the appointment of members to the City’s various boards and committees;and
WHEREAS,the Board Member Review Committee has conducted a study over the last
year to assess board and committee membership,terms,removal and selection/appointment
procedures for all boards and committees of the City;and
WHEREAS,the Board Member Review Committee has developed and forwarded its
recommendations to standardize,clarify and streamline the membership,terms,removal and
selection/appointment proCeduresfor the various boards andcommittees of the City to the City
SECTION 1.Amendment.Resolution 05-04 creating the Board Member Review
Committee,as amended by Resolution 06-03,Resolution 12—08,and further amended by
Resolution 17-32,is hereby amended to revise Section 3,Membership,as follows:
SECTION 3.Membershi :There will be a total of ?ve (5)members on
this Committee.The ?rst member will be one of the sitting City Commissioners,
CITY OF ATLANTIC BEACH:
010783714
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
Commission;r7;
Agenda Item #7.A.
28 Apr 2025
Page 132 of 215
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:LU"U'J’U'I'1 "?.»1 -,m‘.hr'.rcv..mam .111l?‘on
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??h Immbcr will be {he Chan-man nl‘thc board or committee for which vacanc
or rc~a m'mmemis cun‘eml bcin considered.1116 shall sene on!l‘ortlmsc
lmcelm s where membershi on lhuir board m cummilmc is bcin considered
ublic of?ce 01‘2”a ointed osition in the Ci
Mmembers of this Committee ma not hold a
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who shall serve as chairman of the Committee,and shall serve a one-year term and
will be eligible for additional terms.Each one—year term for the Commissioner
shall begin on Deeember lagujry 15‘.This member shall be appointed by the
Mayor and be subject to the approval of the Commission.The
remaining members shall be citizens of Atlantic Beach.They will be
appointed by the Mayor subject to approval of the Commission.The citizen
members shall have backgrounds or experience in committee work or human
resources.The citizen appointmentsshall serve t—wethree-year terms which will
--citizen members mabestaggeredand='-‘
serve a maximum of three 3,-consecutive terms.All terms shall expire on
December 31 of the to er ear rovided however that members whose terms
ex ire shall continue to serve until re lacement a ointments are effective.
designee shall peifonn all necessary administrativeduties for the Committee.1»113
o -_l"‘..nm-r5l ?nia?knt Dn‘unt v.
7 “nu-m 0‘1"]!1-.F“414,.f‘“~n:u?,34‘{‘lnn nut-Lant-
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uuus u:vvsludx4‘huv Lv ..\r n Juan ALLAJLLI.“1.1x.0‘1;lele .muoun-”Lid .1111 In
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a?fnn:c1-€1nnvi+lwnnmv.:n“Am-m 1!,4n +1104-isnnc-r!’nns~nm1IH/‘?An 0011111111166memberlinVlllblll\lll|lI\-ll rauvnnx-51-0 1.1-»my lunch;uu|.\:11uv.ll.|‘xl.u»uJ-I.
who wishes to resi should submit a letter of resi ation to the chairman and ci
clerk.An vacanc durin the unex ired teim of a citizen member or the
Commission member shall be ?lled for the remainder of the telm.Should the
Resolution No.18-52El10783724
n+‘1m-HM-m flan Fla?:I-mn1:|
\cutAwL 51.1““;911‘4 VRLMALALIM
7...,339,57 U.“.\'34‘..UI '1;);J u.wr‘n J '(L.
The City Clerk or his/herandavthcri:of this a advisor on!.
«)1th
second [hard and
fourth .._.......‘....,._...\.o
Agenda Item #7.A.
28 Apr 2025
Page 133 of 215
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passageand adoption
len h of the unex ired term of a citizen member be less than one ear then such
a ointment shall not count towards the maximum numberof consecutive tenns.
An member of the Committee ma be removed for cause b the Commission
u on written char es and after ublic hearin .An member who fails to attend
three 3 consecutive meetin 3 without notice to the cit clerk or his/her desi cc
and without reasonable cause shall have his of?ce declared vacant b the
Committee and the Commissionshall rom t1 ?ll such vacanc .
SECTION 2.No Other Amendment.Except as expressly set forth in Section 1 above,
the provisionsof Resolution 05-04,as amended previously by Resolution 06-03,Resolution 12-
08,and Resolution 17-32,remain in full force and effect.
SECTION 3.Effective Date.This Resolution shall take effect immediately upon its ?nal
B1 nna .D ,City Attorney
Attest:
Jam/m.Méw?a
Donna L.Bal?e,City Clerk
Approvedas to form and correctness:
Resolution No.18—010783724
PASSED by the City of Atlantic Beach this 26th day of November,2018.
t .?'.,.....,‘q ,1 17..a.,_1),...
’"19,if}:5‘.MC 3:gm.».7’..($4 Lb,
CITY OF ATLANTIC BEACH
E en Glasser,Mayor
l’AbSl-?l)usmudnlcd g.“le11 ml -\Ilm;!ix ”(JUHUIEUVHH .1 m «and \u‘nd mic [m
Agenda Item #7.A.
28 Apr 2025
Page 134 of 215
Agenda Item #8.A.
28 Apr 2025
Page 135 of 215
Agenda Item #8.A.
28 Apr 2025
Page 136 of 215
Agenda Item #8.A.
28 Apr 2025
Page 137 of 215
Agenda Item #8.A.
28 Apr 2025
Page 138 of 215
Agenda Item #8.A.
28 Apr 2025
Page 139 of 215
Page 140 of 215
Agenda Item #9.A.
28 Apr 2025
Page 141 of 215
Agenda Item #9.A.
28 Apr 2025
Page 142 of 215
Agenda Item #9.B.
28 Apr 2025
Page 143 of 215
Agenda Item #9.B.
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Page 144 of 215
Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
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Agenda Item #9.B.
28 Apr 2025
Page 175 of 215
Page 176 of 215
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 177 of 215
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 178 of 215
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.
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(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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