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8-11-25 Regular City Commission Adopted MinutesMINUTES Regular City Commission Meeting Monday, August 11, 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) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Thomas Grant, Commissioner - Seat 3 (District 1307) 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) Amanda Askew, Neighborhoods Department Dir. (NDD) APPROVAL OF MINUTES 1A. Approve minutes of the Budget Workshop held on July 28, 2025. The Commission approved the minutes as submitted. 1B. Approve minutes of the Regular Commission Meeting held on July 28, 2025. The Commission approved the minutes as submitted. 1C. Approve minutes of the Community Workshop held on August 6, 2025. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. Police Department: Officer Eric Kohler Swearing-in PC Gualillo administered the police officer oath to Officer Kohler. PUBLIC COMMENT Regular City Commission August 11, 2025 The following speakers provided their comments: Ken Simon Brenda Simon Lisa Herrold Susanne Barker Amy Palmer Terrie Bradshaw Cate 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Aug. - Oct. 2025) There was a CONSENSUS to accept the 90 -Day Calendar. 3.B. Centennial Celebration DCM Hogencamp explained the City's planned celebrations to date and welcomed feedback from the community and the Commission. 3.C. Hen Standards CM Killingsworth presented as detailed in a handout (which is attached hereto and made part of this Official Record as Attachment A). He recommended that staff work with the Community Development Board to workshop potential ordinance changes and return with recommendations. The Commission AGREED to proceed with this approach. 8-11-25 Attachment A 3.1). Fire Suppression Resolution CM Killingsworth sought consensus to draft a resolution authorizing negotiations for a tri -party agreement to provide fire suppression for Neptune Beach. It was clarified the agreement would cover building sprinklers only, not potable water. There was a CONSENSUS to proceed with bringing back a resolution. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Spoke in support of adding an arborist position during the budget process, noting the citywide value of such a position. • Announced he and Commissioner Ring would attend the upcoming Florida League of Cities (FLC) conference and invited others to share any requests, feedback, or topics for him to look into. • Supported assisting Neptune Beach with fire suppression, emphasizing the need for a well-written agreement. Commissioner Grant • Expressed support for partnering with Neptune Beach on water after reconsidering during the community workshop. Regular City Commission August 11, 2025 • Mentioned the upcoming farmers market RFP and encouraged idea sharing among commissioners. Commissioner Kelly • Voiced concern about the unresolved baseball contract, noting liability and use of city property. • Apologized to the ESC for suggesting tree fund money be used for an arborist. Commissioner Ring • Thanked the police department for their increased visibility, particularly on the first day of school. • Requested budget consideration for sidewalk repairs on Main Street between Levy Road and Dutton Island Road. • Mentioned Senate Bill 180 and her plan to attend a related session at the FLC conference. Mayor Ford • Reported progress from a meeting with baseball leadership. • Clarified that the fire suppression agreement with Neptune Beach excludes potable water. • Requested a review of the 20th Street Lift Station project and related concerns at the next meeting. 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS 7.A. Appointments to Arts, Recreation, and Culture Committee MOTION: Approve the four (BMRC) recommendations on the ARCC committee (shown in the agenda staff report), effective immediately. Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Thomas Grant For Motion passed S to 0. 8. ACTION ON RESOLUTIONS 8.A. Resolution No. 25-52 Regular City Commission August 11, 2025 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, NAMING THE NEWLY ACQUIRED BUILDING AT 100 WEST FIRST STREET IN ATLANTIC BEACH "MARSH OAKS COMMUNITY CENTER" IN HONOR OF THE MARSH OAKS COMMUNITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. MOTION. Approve Resolution No. 25-52. Motion: Jessica Ring Second. Candace Kelly Curtis Ford For Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Thomas Grant For Motion passed S to 0. 8.B. Resolution No. 25-66 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE PURCHASE OF AN EQUIPPED POLICE MOTORCYCLE FOR $24,207.35 FROM ADAMEC HARLEY-DAVIDSON; 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. 25-66. Motion: Bruce Bole Second. Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Candace Kelly For Jessica Ring For Thomas Grant (Seconded By) For Motion passed S to 0. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS Regular City Commission August 11, 2025 10.A. Public Hearing - APP25-0004 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR25-0010 at 1025 Beach Avenue Request for a variance to reduce the required side yard setbacks for the construction of a proposed single-family residence. 10.A1. Disclosure of Ex Parte Communications, if any No disclosures were reported by the Commission at this time; however, Mayor Ford disclosed ex parte communications during 10.A.5. 10.A2. City Attorney Procedural Reminders CA Gabriel 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.A4. City Staff Overview NDD Askew presented both appeals as detailed in a presentation (which is attached hereto and made part of this official record as Attachment B). 8-11-25 Attachment B 10.A5. Applicant Presentation Nathan Bussey, certified general contractor and Nathan Gray, licensed real estate broker, presented on behalf of the property owners as detailed in a handout (which is attached hereto and made part of this official record as Attachment Q. Mayor Ford made a correction and disclosed ex parte communication with Jan Shields, the realtor of record for both lots under consideration. The conversation was general in nature, regarding the process for the meeting and a belief that the applications warranted strong consideration for approval. Jerry Harward, property owner of 1039 Beach Avenue, explained his request. Jan Shields, listing broker for both properties, explained her request. 8-11-25 Attachment C 10.A6. Public Comments The following speakers provided their comments: Norma Brizzi Scott Cairns Lisa Herrold 10.A7. Closing Comments/Rebuttal Regular City Commission August 11, 2025 The meeting recessed at 8:00 PM and reconvened at 8:05 PM. Nathan Gray provided further comments and answered questions. NDD Askew answered questions from the Commission. 10.A8. Commission Deliberation and Action MOTION. Deny because of no grounds in 24-65 (c). Motion: Bruce Bole Second. Candace Kelly Curds Ford Against Bruce Bole (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Thomas Grant Against Motion passed 3 to Z 10.B. Public Hearing - APP25-0005 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR25-0011 at 1039 Beach Avenue Request for a variance to reduce the required side yard setbacks for the construction of a proposed single-family residence. 10.B1. Disclosure of Ex Parte Communications, if any Taken up during discussion of APP25-0004. 10.B2. City Attorney Procedural Reminders Taken up during discussion of APP25-0004. 10.B3. Swearing in of all persons who will speak Taken up during discussion of APP25-0004. 10.B4. City Staff Overview Taken up during discussion of APP25-0004. 10.B5. Applicant Presentation Taken up during discussion of APP25-0004. 10.B6. Public Comments Taken up during discussion of APP25-0004. Regular City Commission August 11, 2025 10.117. Closing Comments/Rebuttal Taken up during discussion of APP25-0004. 10.118. Commission Deliberation and Action MOTION. Deny (Appeal 25-) 0005 (finding none of the requirements in 24-65(c) exist). Motion: Bruce Bole Second. Candace Kelly Curtis Ford Against Bruce Bole (Moved By) For Candace Kelly (Seconded By) For Jessica Ring For Thomas Grant Against Motion passed 3 to 2. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER None. 13. ADJOURNMENT The meeting adjourned at 8:11 PM. Attest: Donna L. Bartle, City Clerk Date Approved: 812-51202-6- - L"L -�:/ -� Curtis Ford, Mayor Regular City Commission August 11, 2025 Attachment A to gll11zs in9sworfA 8-11-25 Minutes Comparisons of hen ordinances 07.23.25 Atlantic Beach Neptune Beach Jacksonville Jacksonville City of Orlando Orange County (Sec.4-40) (Sec. 6-40) Beach (Sec. 5-80) (Sec. 656.422) (Sec. 6-19) (Sec. 38-79(37) Max. hens 5 5 5 5 4 4 allowed Zoning Single-family Residential zoning Single-family only Single-family Single-family Owner Districts dwelling (not districts with a with min. lot size of dwelling (not home only (not occupied allowed on min. 5,000 sq ft lot 5,000 sf allowed on duplex, allowed on duplex, single-family townhome, duplex size (not allowed on (not allowed on triplex or in triplex, townhome detached or multi -family duplex, triplex or in multiple -family, two- multifamily or multifamily residences dwellings, or any multifamily family (duplex), or properties) properties) non-residential properties.) townhouse development) dwellings) Coop/pen Rear with at least 5' Rear yard Rear yard Kept within coop at Located behind the Located in rear location from side and rear all times house in backyard yard property lines. Coop Opaque fencing Screened from the Screened from Screened from none Opaque fencing screening that is six (6) feet neighbors' view, neighbors view neighbors view or vegetation to tall or comparable using an opaque match the height landscapingthat fence and/or of coop/pen screens coops landscape screen. Building Yes Yes Required if over 100 Required if over 100 Tied down for wind Tied down for permit sf sf resistance wind resistance Coop size Pen= min. 10 sf per minimum of two (2) Pen = min. 10 sf per 3 sf ft per hen / mx. 6' Coop run area Max. 100 sq ft hen feet wide and three hen in height must be less than coop and pen Coop = min. 3 sf (3) square feet Coop = min. 3 sf per 50 sf Max. height 6' per hen per hen hen Max. 100 sf Max. 6' in height Max. 100 sf Max 6' in height Max 6 ft in height Setbacks At least 5'from 3'from rear and side none none 20'from Rear= 10' side and rear yard neighboring Side= 15' property tines. homes, 5'from Wetlands= 10' own house and 5' High water from any property Elevation= 50' Line 07.23.25 Attachment B to 8-11-25 Minutes APP25-0004 & APP25-0-U-"" 1025 & 1039 Beach Avenue Request to appeal the order of denial of ZVAR25- 0010 & ZVAR25-0011 for a variance to reduce the required side yard setbacks. Site Context and Details Attachment B to 8-11-25 Minutes Zoned Residential, General, Multi -family (RG -M) Located on the east side of Beach Avenue Currently exists as two vacant lots L, loss � �.r 11142 ZIO73„ :r l n,) / 'i " ! n �� 7S C'S 55 45 3525 15 0411 Background Attachment B to 8-11-25 Minutes Community Development Board (CDB) denied the applicant's request for variance from Section 24- 108(e)(3)(a) reduce the side yard setbacks Public hearing was held by the CDB on May 20, 2025 The CDB made a motion to deny the variance, the motion to deny passed with a vote of 6-0. They found the request did not meet any grounds from Section 24-65(c) of the Land Development Regulations establishing grounds for approval of a variance. Background Attachment B to 8-11-25 Minutes • On June 7, 2022, both previously existing structures incurred significant damage in a fire that led to the buildings being demolished. The following code sections applied to this situation: Section 24-85(b)(7): "legal nonconforming residential structures which incur substantial damage by a natural event may be reconstructed within the previously existing footprint and height as lawfully permitted prior to the occurrence of the natural event provided that such reconstruction is started within one (1) year from such natural event and completed within three (3) years." Section 24-84(c)(4): "site improvements or structures located on properties containing a legal nonconforming use which incur substantial damage by a natural event may be reconstructed within the previously existing footprint and height as lawfully permitted prior to the occurrence of the natural event provided that such reconstruction is started within one (1) year from such natural event and completed within three (3) years." The property owners were notified of the redevelopment options in October 2022 however, since the reconstruction of the properties did not commence by June 7, 2023, the properties lost the "grandfathering" of the nonconformities. II Previously Existing Homes 1025 Beach Ave Nonconformities (previous structure): 1. Total number of units exceeds the density permitted by the FLUM (too many) 2. Garage apartment setback is not met (10' on oceanfront lots) 3. Side yard setback (combined 15' with no less than 5') Attachment B to 8-11-25 Minutes _# s 2005 Variance Granted APPLICANT: Davis Fleming 102.5 Beach Avenue Atlantic Beach, Florida 32233 FILE Nt'MBER: ZVAR-2005-03 DATE OF NEARING: February 22, 2005 ORDER GRA'NTI'NG VARIANCE Attachment B to 8-11-25 Minutes The above referenced Applicant requested a Variance to reduce the required 15 -foot combined side yard setback to allow for the construction of a first floor addition and a second story balcony within the existing footprint of an existing nonconforming single-family residence located at 1025 Beach .Avenue within the RG -3 Zoning District. On February 22, 2005, said request was considered at public hearing b_y the Community Development Board for the City of Atlantic Beach. Having considered the application and supporting documents, the Community Development Board, granted the request, subject to the following condition: • new construction shall not exceed the side yard setbacks of the existing residence or the footprint of the existing deck, and finding: that the lot is of a substandard size warranting approval of this Variance in order to provide for the reasonable Use of the property. 1025 Beach Ave VARIANCE REQUEST: Pursuant to Section 24-108(e)(3)(a) of the Land Development Regulations, side yard setbacks for single-family dwellings require a combined total of fifteen (15) feet, with a minimum of five (5) feet on either side. 1025 Beach Avenue (southern lot): The proposed side yard setbacks are 5.6 feet (interior to new house) and 5 feet (external to existing condos). The applicant seeks a variance to reduce the combined side yard setback from 15 feet to 10.6 feet Attachment B to 8-77-25 Minutes W O W W LQ ----- _0 --------- 31.47' w Attachment B to 8-11-25 Minutes 1039 Beach Ave Nonconformities: 1. Min. lot width is not met (75' required) 2. Side yard setback did (combined 15' with no less than 5') F� ,IS 81 Attachment B to B-11-25 Minutes ! a W - 44 NOW Property Appraiser indicates property was constructed in 1938 1039 Beach Avenue K9 0 ��. lin Nc xr�! 68 ice! :r*,r.4-lj 4R G r ,. ��x I Attachment B to 8-11-25 Minutes e..r.. T6 1039 Beach Avenue VARIANCE REQUEST: Pursuant to Section 24- 108(e)(3)(a) of the Land Development Regulations, side yard setbacks for single-family dwellings require a combined total of fifteen (15) feet, with a minimum of five (5) feet on either side. 1039 Beach Avenue (northern lot): The proposed side yard setbacks are 3.6 feet (external to existing house) and 4 feet (interior to new house). The applicant is requesting a variance to reduce the combined side yard setback from 15 feet to 7.6 feet, and the minimum setback from 5 feet to 3.6 feet and 4 feet, respectively. U. Attachment B to 8-11.25 Minutes •, fir_ ., _-".R�:"`1i�'►ea�i" � . r't91\ 1039 Beach Avenue 378.-4' •'�. •' � 7 �� L2 W ~~ c �'- 1025 Beach Ave 1 ------------------------------------------------------ 1 � 1 1 0 1 1 378'-4' 1 1 Attachment B to 8.11-25 Minutes P i**4,,* Combined 7.6 feet �t. V F: 20'-0' • 1 }.r w -` 1039 Beach Ave 1 ' e 1 t • I t - OF I I M' 0 378.-4' •'�. •' � 7 �� L2 W ~~ c �'- 1025 Beach Ave 1 ------------------------------------------------------ 1 � 1 1 0 1 1 378'-4' 1 1 Attachment B to 8.11-25 Minutes P i**4,,* Combined 7.6 feet �t. Attachment B to 8-11-25 Minutes Conceptual Rende '111c, Presented at Board NleetII1Q Attachment B to 8-11-25 Minutes Existin(2 Street `ale« Grounds for Decision APPOVAL- existence of one or more of the following Section 24-65 (c) I. Exceptional topographic conditions of or near the property. 2 Surrounding conditions or circumstances impacting the property disparately from nearby properties. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. 5. Irregular shape of the property warranting special consideration. e. Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Attachment B to 8-11-25 Minutes DENIAL - The Commission may consider a denial upon finding that none of the requirements in 24-65 (c) exist. Review and vote on APP25-0004 & APP25-0005 (an approval would approve Variances &denial would not approve the Variances) Attachment to 8/I /ZS PGoaj_Na-h,fr 6tast 8-11-25 Minutt to 4U Variance Appeal (1025 & 1039 Beach Ave.) Background: In May 2025, our client submitted an application for a side setback variance to obtain a reasonable building width - as their current selling strategy has yielded no results. In this application, we mistakenly believed that 1025 Beach was a 30' lot, in lieu of it being 33' in reality. During our variance meeting, the applicant felt that the extra footage & facts of the situation were not fully heard by the Community Development Board. .4•_i ' iI1 I %NG1039 BEH AVt 102S LI FAMKV_ QMCIEE I i I SthGLE ALI PAR AQESVO%OCF I 1 3'-6' 4'-01 4' 0' T-6" � 1 Appeal Application: 1030 BEA04 AVI I ,' v F WLY QVSCCW_i -6- 1 I 102s BEACH AVE I I S4WALC FAMk.t RMDEO*a 1 4'-01 5'-6' 5'-0" 1 Reasoning: With the (3) extra feet, we believe that concerns of overcrowding are being addressed. We are able to maintain the land use minimum of (5') while maintaining (9'6") of separation between the two properties. The most narrow setback being adjacent to 1057 Beach Ave, in which the applicants are willing to waive any right to construct any second -level bump outs that encroach on 1057 Beach, beyond the (3') minimum as required by the Land Use Regulations. (To clarify, the current Land Use Regulations allow for a (5') minimum side setback, with a (2') architectural bumpout - leaving a net (3') distance from the edge of structure to the property line.) We are trying to restore the property rights to each individual owner, as we believe they should not be forced to sell these properties together in order to achieve a buildable footprint. The owners are reasonable to modifications that are reasonable in return. Attachment C to 8-11-25 Minutes What is the plan with the parking pad? How does this affect the parking pad's setbacks? a. We have asked to waive any side setback relief for the parking pad parcel. This request is strictly for the "primary" lots - as stated/shown in the application. 2. Why are the current side setbacks insufficient to use? a. The lots currently are only allowed to build a property equal to the width (15%18') of a single -car garage, builder -grade townhome. The individual properties are effectively unmarketable as -is - being that they are Oceanfront & require CCCL standards. (Cost prohibitive for the outcome.) Who is asking for this relief? a. Two individual owners, who both owned each property for more than 25 years. This relief is seeking to help them market & sell their individual parcels to prospective buyers. 4. Can't something else be built? a. Code effectively restricts anything but a single-family home or a duplex townhome (only when combined). The variance board suggested a duplex townhome, but failed to recognize that the property has been listed (in partnership) for more than 18 months without a serious lead. There have also been multiple real estate agents. Why is this approval beneficial to me? a. Previously, the neighboring 1025 Beach property was a grandfathered multi -family property with side setbacks that were less than (2') in some instances. 1039 Beach had side setbacks as little as (1.5') in some places. Our plan restores the single-family fabric to the area, and provides two available lots for reasonably sized (2,500 - 3,000 sf) homes to be built - with setbacks that are in excess of other examples nearby. 6. Why are these measurements being requested? a. We are seeking to have a (22.5') wide building footprint for each lot. This allows us the minimum width needed to obtain a 2 -car garage with a normal width front door. Any less width would remove the option of a 2 -car garage & would severely limit the design of the layout & room sizes in the house.