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7-28-25 Regular Commission Meeting Adopted MinutesMINUTES s r�.vr Regular City Commission Meeting s Monday, July 28, 2025 - 6:00 PM Commission Chamber :t V 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) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Absent: Thomas Grant, Commissioner - Seat 3 (District 1307) Also Present: William B. Killingsworth, City Manager (CM) Scott Thomas, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Michelle Weippert, Records Management Specialist (RMS) APPROVAL OF MINUTES 1A. Approve minutes of the Budget Workshop on July 14, 2025. The Commission approved the minutes as submitted. 1B. Approve minutes of the Regular Commission Meeting held on July 14, 2025. The Commission approved the minutes as submitted. 1C. Approve minutes of the Town Hall Meeting held on July 19, 2025. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT The following speakers provided their comments: James Johnson Regular City Commission July 28, 2025 Jeannie Gracy Mitch Reeves 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (July - Sept. 2025) DCM Hogencamp provided an update on the summer youth tennis camp. There was CONSENSUS to accept the 90 -Day Calendar as amended, including the addition of the first day of school on August 11, 2025. 3.B. West First Street turf block project CM Killingsworth reported as detailed in the agenda packet and answered questions from the Commission. 3.C. On-site Storage Proposed Ordinance Change CM Killingsworth presented a handout for a potential ordinance change (which is attached hereto and made part of this official record as Attachment A). There was a CONSENSUS that the CM should revise the definition of 'major redevelopment' in the ordinance before it is sent to the Community Development Board. 7-28-25 Attachment A 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Proposed adding a city arborist position to the staff. Commissioner Kelly suggested using the mitigation fund for this. Commissioner Ring • Requested updates on the Marsh Oaks Community Center project, including photos and timeline information, and suggested notifying nearby neighbors about the project. • Inquired about the status of a potential ordinance allowing hens at duplexes or multi- family homes with fenced yards. CM Killingsworth reported that staff was developing standards based on other communities' regulations. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No. 25-64. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE CITY'S FISCAL YEAR 2025-26 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. MOTION. Approve Resolution (No.) 25-64. Motion: Bruce Bole Second. Candace Kelly Regular City Commission July 28, 2025 7. 8. 9. Curtis Ford For Bruce Bole (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 4 to 0. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-65 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO GEOSYNTEC CONSULTANTS FOR PROFESSIONAL ENGINEERING SERVICES TO CONDUCT A FEASIBILITY STUDY OF DISCHARGING HIGHLY TREATED RECLAIMED WATER TO AREA DRAINAGE DITCHES TO PREVENT SALTWATER INTRUSION FROM KILLING ADJACENT WETLAND HARDWOOD TREES; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION. Approve Resolution No. 25-65. Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 4 to 0. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 90-25-256, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-24-253; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24- 113(4), LIGHT INDUSTRIAL AND WAREHOUSING DISTRICTS, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Regular City Commission July 28, 2025 NDD Askew explained as detailed in the agenda packet. The public hearing was opened, there were no speakers, and the public hearing was closed. MOTION. Approve Ordinance No. 90-25-256. Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Candace Kelly Against Jessica Ring (Moved By) For Motion passed 3 to L 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing on Waiver Request (WAIV25-0003) Request for a waiver from Section 19-1 to allow for the modification and continued use of an unpermitted parking pad in city right-of-way at 341 6th Street. 10.A1. City Attorney Procedural Reminders CA Thomas explained the procedures as detailed in the agenda packet. 10.A3. Swearing in of all persons who will speak CC Bartle administered the oath to all speakers. 10.A2. Disclosure of Ex Parte Communications, if any No disclosures were reported by the Commission. 10.A4. City Staff Overview NDD Askew presented as detailed in a presentation (which is attached hereto and made part of this official record as Attachment B) and answered questions from the Commission. 7-28-25 Attachment B 10.A5. Applicant Presentation Jim Lucas, the applicant, explained his request and answered questions. 10.A6. Public Comments The following speakers provided their comments: Regular City Commission July 28, 2025 Brinkley Harrell 10.A7. Closing Comments/Rebuttal Mr. Lucas explained he wants to improve what is already there and build what the City of Atlantic Beach is accepting as a 50% impervious surface. 10.A8. Commission Deliberation and Action MOTION: Approve WAIV25-0003. Motion: Jessica Ring Second: Candace Kelly Discussion ensued. Mayor Ford expressed appreciation for Jim Lucas following proper procedures and supported the use of turf block pavers. Motion passed unanimously 5 to 0. MOTION: Approve WAIV25-0003 under the compliance that this shall not be in conflict with the public interest, maintaining 50% or less impervious ratio requirement coverage. Motion: Jessica Ring Second. c Candace Kelly Curtis Ford For Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 4 to 0. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Thomas • Expressed appreciation for the opportunity to attend the meeting in place of Jason Gabriel. CC Bartle • Thanked the city for sending flowers. Mayor Ford expressed his condolences. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Ring • Thanked former Mayor Reeves' annexation discussion, noting the unusual boundary along Mayport Road. Commissioner Kelly • Requested more information about the city's upcoming 100th birthday celebration at the next meeting. Mayor Ford asked the CM to check into grants that are available for the 250th anniversary of the United States. Regular City Commission July 28, 2025 13. Attest: Commissioner Bole • Commented annexing property is a very complicated thing. CM Killingsworth • Reported the STOP committee has recommendations for ordinance changes that proactively address the "strike zone." There was a CONSENSUS that the CM proceed with the STOP Committee's recommendations. Mayor Ford • Spoke about the significant challenges with annexing a portion of Jacksonville to Atlantic Beach. ADJOURNMENT The meeting adjourned at 7:15 PM Donna L. Bartle, City Clerk Date Approved: ,6�,/ Z5 — ( ',� " �4,,11 , Curtis Ford, Mayor Regular City Commission July 28, 2025 Attachment A to 7-28-25 Minutes Sec. 24-89. Stormwater, drainage, storage and treatment requirements. (a) Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. (b) Topography and grading. All lots and development sites shall be constructed and graded in such a manner so that the stormwater drains to the adjacent street, an existing natural element used to convey stormwater, or a city drainage structure after meeting onsite storage requirements, as set forth within this section. The city shall be provided with a pre -construction topographical survey prior to the issuance of a development permit and a post -construction topographical survey prior to the issuance of a certificate of occupancy. Elevations in all topographic surveys will be referenced to NAVD 1988. Said surveys shall be signed and sealed by a licensed Florida surveyor. All new developments and redevelopments shall provide assurance that adjacent or nearby properties not owned or controlled by the applicant will not be adversely affected by drainage or flooding. (c) Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (1) Projects which increase the impervious surface on the development parcel to over 35% impervious b1' more thoo feu# "ndfed (489) squafe feet shall provide onsite storage of stormwater for the increase in the impervious surface area only. Uwfew hundfed 4488)surface afea shall be ealculatedf-�ivelyffern the -adoption dateof4* iserdina+we Projects including total reconstruction or major redevelopment (defined as a level 3 alteration in the Florida Building code shall provide onsite storage for the entire impervious surface area of the proposedproiect. (2) Any modification or replacement of driveway and sidewalk areas only on a developed lot shall not be required to provide onsite storage improvements provided the modification or replacement does not alter the footprint of the existing driveway or sidewalk area, (3) Applicants shall provide documentations and calculations to demonstrate compliance with submittal of applications for construction. (4) Projects permitted by the St. Johns River Water Management District (SJRWMD), which have an in- compliance existing retention or detention areas that collect and control stormwater are exempt for further onsite storage requirements; provided, however, a copy of the engineer's certification of as - built construction to the SJRWMD must be submitted to the city before building permits for individual lot construction may be issued. (5) When onsite storage is required, an as -built survey, signed and sealed by a licensed Florida surveyor, documenting proper construction and required volume of the storage system, must be submitted to and approved by the director of public works prior to permit closeout or issuance of a certificate of occupancy. For an under -ground system, a notarized letter from the general contractor, along with as - built plans and construction photographs will be sufficient to document proper construction. (6) In addition, a declaration of restrictive covenant, in recordable form and approved by the city, identifying and describing the required on-site storage improvements to be maintained, shall be executed and recorded in the public records of Duval County, Florida, by the owner of the development parcel and shall be binding on successors and assigns, prior to permit closeouts or issuance of a certificate of occupancy. (7) Volume calculations for any projects that require onsite storage shall be based on the following calculation: (Supp. No. 50) Page 1 of 3 cr"Ud: MU -03-23 09:22:24 (t$T) Attachment A to 7-28-25 Minutes V = CAR/12, where V = volume of storage in cubic feet, A = total Impervious area, R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and C = runoff coefficient, which is the difference between impervious area (C=1.0) and undeveloped conditions (C=0.08). This volume must be stored at least one (1) foot above the wet season water table and below the overflow point to offsite (in many cases this may be the adjacent road elevation). As an option, and as approved by the director of public works, an applicant may implement, at the applicant's cost, offsite storage and necessary conveyance to control existing flood stages offsite, provided documentation showing appropriate authorization for the off-site use and meeting the requirements of this section is submitted and approved by the city. (d) Floodplain storage. There shall be no net loss of storage for areas in a special flood hazard area (100 -year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMS). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss" requirement is met. (e) Stormwater treatment. For all new development or redevelopment of existing properties, excluding single - and two-family uses, where construction meets limits for requiring building code upgrades, stormwater treatment shall be provided for a volume equivalent to either retention or detention with filtration, of the runoff from the first one (1) inch of rainfall; or as an option, for facilities with a drainage area of less than one hundred (100) acres, the first one-half (%) inch of runoff pursuant to Chapter 62-330, Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or contribute to a violation of water quality standards as provided in Section 62-302, FAC. This treatment volume can be included as part of the onsite storage requirement in subsection (b) of this section. (f) NPDES requirements. All construction activities shall be in conformance with the city's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the St. Johns River Water Management District and the Florida Department of Environmental Protection. NPDES requirements include use of best management practices (BMPs) prior to discharge into natural or artificial drainage systems. All construction projects of one (1) acre or more require a stand-alone NPDES permit. Site clearing, demolition and construction on any size site may not commence until site inspection and approval of the proper installation of a required best management practices erosion and sediment control plan is completed. (g) Enforcement. Subsequent to approval of a property owner's final grading, including onsite and/or floodplain storage and stormwater treatment and closeout of the applicable permit or issuance of certificates of occupancy, the improvements shall be maintained by the property owner. In order to ensure compliance with the provisions of this section and the requirements to maintain onsite stormwater improvements over time, the city is authorized to conduct inspections of property, upon reasonable notice and at reasonable times, for the purpose of inspecting said property and/or onsite storage improvements for compliance with this section and with any applicable conditions of previously issued permits. Failure to maintain the improvements will require restoration upon notification by the director of public works, within a stipulated time frame. If restoration is not timely completed, the city shall have the right to complete the restoration, and the city's actual cost incurred, together with a charge of one hundred (100) percent of said costs to cover the city's administrative expenses, shall be charged to the then owner of the property. Created: 2825-63-2S 69:29:14 [EST] (Supp. No. 50) Page 2of3 Attachment A to 7-28-25 Minutes (h) Variances to impervious surface area limits. Variances to impervious surface limits shall be subject to the provisions in section 24-65. Impervious surface requirements shall not be eligible for relief via waivers from the city commission. (Ord. No. 90-24-253, § 3(Exh. A), 10-14-24) (Supp. No. 50) Page 3 of 3 Uwted: 2825-03-25 99:29:14 ([ST] Attachment A to 2023 Florida Building Code, Existing Building, Eighth Edlil`A25 Minutes CHAPTER 6 CLASSIFICATION OF WORK SECTION 604 ALTERATION—LEVEL 3 604.1 Scope. Level 3 alterations apply where the work area exceeds 50 percent of thebuilding area. 604.2 Application. Level 3 alterations shall comply with the provisions ofChapters 7 and 8 for Level 1 and 2alterations, respectively, as well as the provisions of Chapter 9. Copyright ® 2025 Intemational Code Council, Inc., or its licensors (ALL RIGHTS RESERVED). Accessed by Joshua Gideon on 0712812025 pursuant to license Agreement with ICC. No further reproduction or distribution Attachment B to 7-28-25 Minutes WAIV25=0003 3416 t" St Request for a waiver from Section 19-1 to allow the modification and continued use of a parking pad in the City right-of-way and Section 19-7(a) to exceed the maximum impervious area within the right-of-way at 341 6t" St Site Context and Details • Located on north side of 6t" St •Zoned Residential, Single -Family (RS -2) k 361 Attachment B to 7-28-25 Minutes -3. Background The parking pad was constructed in 2012 without a permit and currently consists of gravel Attachment B to 7-28-25 Minutes y�� � •::• � �� it y;l �' .�ri �� I 46 „r Attachment B to Relevant Code Sections 7-28-25 Minutes Section 19-1(c): Prohibits construction in city rights-of-way, including parking spaces or "any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the right-of-way" Section 19-2: Authorizes staff to issue permit within the ROW based on the benefit to of the use to the general public •Section 19-7(a): Limits the maximum impervious area between the front property line and the street pavement to 50% Waiver Request • The applicant is requesting a waiver to allow the parking pad and to exceed the maximum impervious area in the City right-of-way The applicant plans to remove 420 square feet of the gravel and install 275 square feet of turf block pavers along with a 2 -foot strip of mulch, resulting in 51.7% impervious area in the right-of-way Attachment B to 7-28-25 Minutes Attachment B to 7-28-25 Minutes �.HEDI*\ RCW FU CE Q, 4� O 2� MOD (PUT) BL Co -Q- � �. 8'X32' �IM� `J Z g 2 foot wide mulch strip 275 sq.ft. turf block area (+0' Fb GHT OF WA PROPOSED IMPROVEMENT Attachment B to Considerations7-28-25 Minutes • STOP committee policy recommendations 2.3. Policy Plantings, landscaping material or other obstruction within public rights -of way are not permitted per the city Code Sec. 19-1. Whenever plantings, landscaping material or other obstruction within public rights-of-way obstruct the ingress and/or egress of the rights-of-way, they shall be removed upon request by the city, and in the event of failure by the owner to so move them, the city shall do so and the expense of same charged to the property owner. All existing obstructions within the 2 -foot safety zone shall be removed (Sec. 19-5). All other plantings, landscaping material or other obstructions must comply with this section of the code. 2.4. Enforcement Working in conjunction with other City staff, Code Enforcement and Public Works shall be responsible for enforcing the provisions of this policy. 2.5. Exceptions The City Manager may grant exceptions to this policy on a case-by-case basis. Decisions to do so must be reported in writing to the City Commission. CDB Decision Attachment B to 7-28-25 Minutes At the June 17,, 2025 Community Development Board meeting, a motion to recommend that the City Commission approve the request, subject the parking pad maintain 50% or less impervious area, was made and passed by a vote of 6 to 0. Commission Decision Attachment B to 7-28-25 Minutes The city commission shall not approve a waiver unless: (1) Compliance with such provision(s) would be unreasonable; or • (2) Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility.