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10-13-25 Amended Agenda City of Atlantic Beach Amended Agenda Regular City Commission Meeting Monday, October 13, 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 Regular Commission Meeting held on September 22, 2025. 9-22-25 Regular Commission Meeting Draft Minutes 7 - 23 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Oct. - Dec. 2025) 90-Day Calendar (Oct. - Dec. 2025) 25 - 28 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY 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. 25-79. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT WITH THE JACKSONVILLE SHERIFFS OFFICE, NEPTUNE BEACH POLICE DEPARTMENT, AND JACKSONVILLE BEACH POLICE DEPARTMENT; PERMITTING OFFICERS TO PROVIDE LAW ENFORCEMENT SERVICE AND OPERATIONAL ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL BOUNDRIES; AUTHORIZING THE MAYOR, CITY MANAGER, AND CHIEF OF POLICE 29 - 40 Page 1 of 153 Regular City Commission - 13 Oct 2025 TO EXECUTE THIS AGREEMENT TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-79 6.B. Approve Resolution No. 25-84. A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE ATLANTIC BEACH POLICE DEPARTMENT AND PANAMA CITY POLICE DEPARTMENT RELATED TO TRAFFIC AND CRIMINAL SOFTWARE SYSTEM; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN THE MEMORANDUM OF UNDERSTANDNING IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-84 41 - 50 7. COMMITTEE REPORTS 7.A. Arts, Recreation, and Culture Committee (ARCC) Report 8. ACTION ON RESOLUTIONS * 8.A. RESOLUTION NO. 25-67 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE AND INSTALLATION OF A REPLACEMENT BLOWER AT THE WASTEWATER TREATMENT PLANT; 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. 25-67 51 - 69 8.B. RESOLUTION NO. 25-80 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A $313,922.32 CHANGE ORDER WITH ACON CONSTRUCTION CO. FOR THE COMPLETION OF RENOVATIONS TO MARSH OAKS COMMUNITY CENTER; 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. 25-80 71 - 78 * 8.C. RESOLUTION NO. 25-81 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO JOHN COLLINS ENGINEERING ASSOCIATES, LLC FOR CONSTRUCTION ADMINISTRATION SERVICES IN CONNECTION WITH THE PUBLIC UTILITIES WATER TREATMENT PLANT #2 UPGRADES; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE 79 - 82 Page 2 of 153 Regular City Commission - 13 Oct 2025 THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-81 * 8.D. RESOLUTION NO. 25-82 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO JOHN COLLINS ENGINEERING ASSOCIATES, LLC FOR CONSTRUCTION ADMINISTRATION SERVICES IN CONNECTION WITH THE PUBLIC UTILITIES WASTEWATER TREATMENT PLANT CHLORINATION & DECHLORINATION SYSTEM IMPROVEMENTS; 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. 25-82 83 - 87 8.E. RESOLUTION NO. 25-83 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROVIDE $65,000 IN FISCAL YEAR 2025-26 GRANT FUNDING FOR ARTISTIC, RECREATIONAL AND CULTURAL PROGRAMS, EVENTS AND PROJECTS UTILIZING FUNDS BUDGETED IN ACCOUNT NO. 001-6010-572-82-00; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-83 89 - 91 9. ACTION ON ORDINANCES * 9.A. ORDINANCE NO. 90-25-257, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS; SPECIFICALLY AMENDING SECTION 24-89, STORMWATER, DRAINAGE, STORAGE AND TREATMENT REQUIREMENT TO REDUCE THE REQUIREMENTS RELATED TO RESIDENTIAL STORMWATERS STORAGE, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-25-257 93 - 102 * 9.B. ORDINANCE NO. 90-25-258, 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, INCLUDING ALL AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-161, OFF- STREET PARKING AND LOADING, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-25-258 103 - 116 * 9.C. ORDINANCE NO. 95-25-127, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE 117 - 125 Page 3 of 153 Regular City Commission - 13 Oct 2025 OF FLORIDA, AMENDING CHAPTER 18, SOLICITATIONS, SECTION 18-1 DEFINITIONS TO MODIFY EXISTING DEFINITIONS; SECTION 18-2, PERMITS, REGISTRATION AND FINGERPRINTING REQUIRED TO REQUIRE DUVAL COUNTY CLERK OF COURTS PERMIT PRIOR TO SUBMISSION; SECTION 18-8, EXCEPTIONS; SECTION 18-9, PENALTIES TO CLARIFY THIS PROCESS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 95-25-127 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP25-0006 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR25-0013 at 345 10th Street Request for a variance to build an addition above a legal non-conforming portion of the single-family home in the eastern side yard of the property. 10.A1. City Attorney Procedural Reminders 10.A2. Disclosure of Ex Parte Communications, if any 10.A3. Swearing in of all persons who will speak 10.A4. City Staff Overview APP25-0006 127 - 153 10.A5. Applicant Presentation 10.A6. Public Comments 10.A7. Closing Comments/Rebuttal 10.A8. Commission Deliberation and Action 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should Page 4 of 153 Regular City Commission - 13 Oct 2025 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 5 of 153 Page 6 of 153 Regular City Commission September 22, 2025 MINUTES Regular City Commission Meeting Monday, September 22, 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) – via Zoom 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) Troy Stephens, Utilities Director (UD) Amanda Askew, Neighborhoods Department Dir. (NDD) Rick Carper, Interim Public Works Director (PWD) VIRTUAL PARTICIPATION VIA ZOOM. Request for approval to allow Commissioner Bole to participate virtually, via Zoom. MOTION: Include Commissioner Bole via Zoom on this Commission Meeting. Motion: Candace Kelly Second: Jessica Ring Curtis Ford For Candace Kelly (Moved By) For Jessica Ring (Seconded By) For Thomas Grant For Motion passed 4 to 0. Page 1 of 17 Agenda Item #1.A. 13 Oct 2025 Page 7 of 153 Regular City Commission September 22, 2025 1 APPROVAL OF MINUTES 1A. Approve minutes of the Budget Workshop held on September 3, 2025. The Commission approved the minutes as submitted. 1B. Approve minutes of the Regular Commission Meeting held on September 8, 2025. Commissioner Ring requested that the minutes be amended to include her comments during the first reading of the tentative millage rate. MOTION: Amend the minutes from September 8, 2025 which would include discussion with Commissioner Ring bringing up possible rollback discussion under 9A. Motion: Jessica Ring Second: Thomas Grant Curtis Ford For Bruce Bole For Candace Kelly For Jessica Ring (Moved By) For Thomas Grant (Seconded By) For Motion passed 5 to 0. Mayor Ford noted that Item 1B was approved. 2. COURTESY OF FLOOR TO VISITORS National Service Dog Month Proclamation Mayor Ford read and presented this proclamation to Eugenia McCall (which is attached hereto and made part of this Official Record as Attachment A). 9-22-25 Attachment A PUBLIC COMMENT The following speakers provided their comments: Rebecca Janson Michelle Foryciarz Dabni McCreary Stephanie Trefry Marlena Vincent Melissa Balaguer Mitch Reeves Stephanie Glavin Page 2 of 17 Agenda Item #1.A. 13 Oct 2025 Page 8 of 153 Regular City Commission September 22, 2025 Andrew Crane Sarah Boren Michael Mangani Brinkley Harrell 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Sept. - Nov. 2025) There was a CONSENSUS to accept the 90-Day Calendar. Additional Updates  UD Stephens provided an update on ongoing improvements to the wastewater treatment facility. He noted that progress is being made, work is ongoing, which includes plans to enclose the influent screens. CM Killingsworth added that a proposal is expected from an engineering consultant to outline a range of potential improvements. Discussion ensued and UD Stephens and CM Killingsworth answered questions. Mayor Ford requested more detailed information about options and pricing at the next meeting, with the goal of achieving zero tolerance for odor. He also asked for continued website updates regarding the progress.  CM Killingsworth spoke about combining awards night with the board member recognition event. There was a CONSENSUS to move the annual board member recognition and awards night from fall to spring moving forward. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole  Thanked the Commission for allowing him to participate remotely, noting it was only the second meeting he has missed in five years. He also thanked CM, CA, and CC for helping with the research to make it possible, noting the importance of the budget. Commissioner Grant  Reported attending the ABAA Little League opening ceremonies alongside the Mayor. Commissioner Kelly  Announced the upcoming Fallen Heroes Monument dedication at Veterans Park on October 11, 2025 at 9 AM. Commissioner Ring  Reported on attending the well-attended Fall Festival  Thanked the Fletcher Band parents and Mayport Middle School representatives for sharing their thoughts. She inquired about the grant matching for schools and how the $20,000 allocated for schools would be distributed. Mayor Ford requested to have a workshop on October 27, 2025 at 5 PM to have each presenter present and then be prepared to vote on how money will be allocated, during the regular meeting. Mayor Ford  Reported that Neptune Beach Mayor Byland had committed to matching Atlantic Beach's $5,000 contribution for the Fletcher Band, and Jacksonville Beach council members would be considering a similar contribution. Page 3 of 17 Agenda Item #1.A. 13 Oct 2025 Page 9 of 153 Regular City Commission September 22, 2025  Expressed concern about the dangerous intersection at East Coast and Ahern Street. CM Killingsworth mentioned that he would have the Police Chief and Public Works Director see what can be done.  Remarked on the impressive Fallen Heroes Monument recently installed at Veterans Park. (Commissioner Grant left the room at 7:10 p.m.) 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No. 25-73 (Note: Scrivener's error, proper Resolution No. is 25-76). A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FUNDING FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE FISCAL YEAR 2025-26 FUNDING CYCLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Adopt the consent agenda as listed (Resolution No. 25-76). Motion: Candace Kelly Second: Jessica Ring (Commissioner Grant was absent from his seat during this vote.) Curtis Ford For Bruce Bole For Candace Kelly (Moved By) For Jessica Ring (Seconded By) For Motion passed 4 to 0. 7. COMMITTEE REPORTS None. 8. ACTION ON RESOLUTIONS (Commissioner Grant returned at 7:13 p.m.) 8.A. RESOLUTION NO. 25-77 Page 4 of 17 Agenda Item #1.A. 13 Oct 2025 Page 10 of 153 Regular City Commission September 22, 2025 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING RENEWAL OF ALL LIABILITY INSURANCES AND WORKERS’ COMPENSATION INSURANCE WITH PREFERRED GOVERNMENTAL INSURANCE TRUST FOR 2025-2026, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEVANT DOCUMENTS. MOTION: Approve Resolution No. 25-77. Motion: Jessica Ring Second: Candace Kelly There was a brief discussion about deadly weapons protection, terrorism, drone damage, and workers' compensation. Curtis Ford For Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Thomas Grant For Motion passed 5 to 0. 8.B. RESOLUTION NO. 25-78 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A LASERFICHE DOCUMENT MANAGEMENT SYSTEM UPGRADE FROM MCCI IN THE AMOUNT OF $48,224.97 WITH FUNDS ALLOCATED IN THE FISCAL YEAR 2024-25 BUDGET (ACCOUNT NO. 001-1011-516-4600); 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. 25-78 as read. Motion: Candace Kelly Second: Jessica Ring Curtis Ford For Bruce Bole For Candace Kelly (Moved By) For Jessica Ring (Seconded By) For Thomas Grant For Page 5 of 17 Agenda Item #1.A. 13 Oct 2025 Page 11 of 153 Regular City Commission September 22, 2025 Motion passed 5 to 0. 8.C. RESOLUTION NO. 25-75, Public Hearing on Adoption of Resolution No. 25-75 for the Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN EFFECTIVE DATE. The public hearing was opened. Mayor Ford stated here at the City of Atlantic Beach the Rolled–Back Rate is 2.6312. The millage rate to be levied is 2.8140. The millage rate to be levied is 7.97% more than the rolled-back rate and is a percentage increase in property taxes per Section 200.065(2)(c) Florida Statutes. The purpose for adopting the millage rate of 2.8410 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City’s infrastructure. The following speakers provided their comments: Brinkley Harrell Sarah Boren The public hearing was closed. 9-22-25 Attachment B MOTION: Approve Resolution No. 25-75 for the millage rate as presented (at 2.8410). Motion: Jessica Ring Second: Candace Kelly Commissioner Ring shared that she had been reflecting on the rolled-back rate and wanted to begin this conversation two weeks prior. She spoke about the new staff positions, the proposed commission pay increases under consideration, and rising property values. She reported having reviewed the list of commission-approved enhancements from the previous meeting and was unable to identify any she would recommend cutting if the rolled-back rate were pursued. She noted the ongoing negotiations regarding fire services and suggested that depending on the outcome, the rolled-back rate could be revisited next year. Commissioner Bole emphasized the importance of investment in infrastructure, citing a neighboring city currently seeking assistance with water pressure for fire protection as a cautionary example of the long-term impacts of underinvesting in infrastructure. He noted Page 6 of 17 Agenda Item #1.A. 13 Oct 2025 Page 12 of 153 Regular City Commission September 22, 2025 ongoing projects and upgrades to the wastewater treatment plant and expressed support for maintaining the current millage rate, acknowledging the Commission’s thorough review process and resident feedback. Commissioner Kelly emphasized that the proposed budget was the result of a thorough and deliberate process. She pointed out that rising costs necessitate additional funding, even just to maintain current service levels. She expressed agreement with the importance of infrastructure investment, reminded the Commission that the City recently purchased an entire building to support expanded programming and adding a building technician aligns with that expansion and reflects community demand. She reported she could not identify any specific cuts she would make in order to achieve the rolled-back rate. Commissioner Grant expressed agreement on comments made by fellow commissioners in terms of things that need to be done. He noted that initial consideration of a rolled-back millage rate stemmed from the anticipated $750,000 from the interlocal agreement, which, although not yet received, is expected in the near future. He clarified that utility reserves, which are separate from the General Fund, continue to grow and are available for infrastructure needs. He addressed the misconception that Atlantic Beach residents pay the lowest taxes, noting that despite having a low millage rate, the City has one of the highest median assessed property values. While supporting current expenditures, he urged more caution in future budgeting and recommended reining in the millage rate. Mayor Ford acknowledged the merits of both sides of the millage rate discussion, recalling that he previously supported a rollback during a period of strong revenue growth. While he supports tax relief when justified, he also recognized the reality of rising costs and necessary expenditures. He thanked Commissioner Grant for clarifying that utility-related projects are funded through enterprise funds and not the General Fund. He noted that holding this millage rate requires a supermajority (four votes) to pass. He stated he would vote “nay” on the motion but may support a reduction to a rate other than the full rollback. A roll call vote was taken beginning with Commissioner Grant. Curtis Ford Against Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Thomas Grant Against Motion Failed 3 to 2. CA Gabriel and CM Killingworth advised on next steps and options and answered questions from the Commission. During discussion on millage rate options, CM Killingsworth presented a spreadsheet showing recommended cuts for two alternate millage rate scenarios (which is attached hereto and made part of this Official Record as Attachment B). MOTION: Approve Resolution No. 25-75 using the millage rate of 2.7499. Page 7 of 17 Agenda Item #1.A. 13 Oct 2025 Page 13 of 153 Regular City Commission September 22, 2025 Motion: Jessica Ring Second: Thomas Grant Commissioner Bole reflected on the budget discussions over the summer, including Plaza, and mentioned lighting projects, at Beaches Town Center, being put off for at least five (5) years. He indicated he supports most of the projects outlined by staff and emphasized his position in favor of holding the rate this year. CA Killingsworth addressed questions from Commissioner Grant about the use of revenue from parking meters and confirmed that the millage rate being considered would keep the new lighting in the budget. The public hearing was opened. Mayor Ford stated here at the City of Atlantic Beach the Roll–Back Rate is 2.6312. The millage rate to be levied in this motion is 2.7499. The millage rate to be levied is 4.51% more than the rolled-back rate and is a percentage increase in property taxes per Section 200.065(2)(c) Florida Statutes. The purpose for adopting the millage rate of 2.7499 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City’s infrastructure. There were no public comments. The public hearing was closed. Commissioner Kelly expressed concerns about potential increased costs due to delaying projects. Mayor Ford noted that the City Commission has the power to amend the budget at any point during the year. While he acknowledged that this should not be the standard approach, he emphasized that the Commission can revisit and revise the budget if necessary. A roll call vote was taken beginning with Commissioner Kelly. Curtis Ford For Bruce Bole Against Candace Kelly Against Jessica Ring (Moved By) For Thomas Grant (Seconded By) For Motion passed 3 to 2. 9. ACTION ON ORDINANCES 9.A. Public Hearing and Final Reading on adoption of Ordinance No. 20-25-180, establishing the Operating Budget for fiscal year 2025/2026. Page 8 of 17 Agenda Item #1.A. 13 Oct 2025 Page 14 of 153 Regular City Commission September 22, 2025 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026. The public hearing was opened. The following speakers provided their comments: An Oskarsson Brinkley Harrell The public hearing was closed. MOTION: (Approve) Amend Ordinance No. 20-25-180, an operating budget of $57,616,034, with budget deletions as recommended by the City Manager. Motion: Candace Kelly Second: Thomas Grant A roll call vote was taken beginning with Commissioner Ring. Curtis Ford For Bruce Bole For Candace Kelly (Moved By) For Jessica Ring For Thomas Grant (Seconded By) For Motion passed 5 to 0. 9.B. ORDINANCE NO. 5-25-72, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II, "CITY COMMISSION" SECTION 2-20, "SALARY OF MEMBERS," OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; PROVIDING FOR THE ANNUAL SALARIES OF THE MAYOR AND COMMISSIONERS; PROVIDING FOR A PERIODIC REVIEW OF SAID SALARIES; PROVIDING FOR INCORPORATION AND CODIFICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The public hearing was opened, there were no speakers, and the public hearing was closed. MOTION: Adopt Ordinance No. 5-25-72. Page 9 of 17 Agenda Item #1.A. 13 Oct 2025 Page 15 of 153 Regular City Commission September 22, 2025 Motion: Thomas Grant Second: Candace Kelly Commissioner Ring spoke about waiting until next October so that at least two of the five Commissioners would not benefit from the increases. She offered a friendly amendment to defer the implementation of the pay increase until next October, suggesting that it could help restore some of the funds needed for enhancements that were cut. Commissioner Grant, as the maker of the original motion, spoke against the proposed friendly amendment, noting the small financial impact of the pay increase and the commissioner's staggering terms. Commissioner Bole expressed that this is long overdue and that he had first raised the issue five years ago. He emphasized the importance of encouraging more people to run for office, noting that although the increase may not seem substantial, it could make a meaningful difference for individuals—helping to cover costs like transportation or childcare. He added that they could choose to donate the additional funds if they wish. MOTION: Amend the Ordinance to have an effective date of October 1, 2026 and look into utilizing the pay raise to cover some of the enhancements that were just lost. Motion: Jessica Ring Motion failed due to lack of a second. Commissioner Ring confirmed with CC Bartle that her proposed amendment would be included in the minutes. MOTION: Adopt Ordinance No. 5-25-72. (Restated for the vote) Motion: Thomas Grant Second: Candace Kelly A roll call vote was taken beginning with Commissioner Bole. Curtis Ford For Bruce Bole For Candace Kelly (Seconded By) For Jessica Ring Against Thomas Grant (Moved By) For Motion passed 4 to 1. Page 10 of 17 Agenda Item #1.A. 13 Oct 2025 Page 16 of 153 Regular City Commission September 22, 2025 9.C. ORDINANCE NO. 90-25-257, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS; SPECIFICALLY AMENDING SECTION 24-89, STORMWATER, DRAINAGE, STORAGE AND TREATMENT REQUIREMENT TO REDUCE THE REQUIREMENTS RELATED TO RESIDENTIAL STORMWATERS STORAGE, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. NDD Askew and PWD Carper reported and answered questions from the Commission. The public hearing was opened. The following speaker provided their comments: Brinkley Harrell The public hearing was closed. MOTION: Approve Ordinance No. 90-25-257. Motion: Jessica Ring Second: Thomas Grant Commissioner Ring indicated she may want to amend the ordinance. She requested clarification on level 3 alterations and on CDB's recommendations and discussions. MOTION: Amend Ordinance No. 90-25-257 to completely remove Section 24-89(c). Motion: Jessica Ring Second: Thomas Grant Discussion ensued and further clarifications were made about the triggers for on-site retention requirements. (During discussion, the meeting recessed at 8:38 PM and reconvened at 8:45 PM.) A roll call vote was taken beginning with Commissioner Grant. Curtis Ford For Bruce Bole Against Candace Kelly Against Jessica Ring (Moved By) For Thomas Grant (Seconded By) For Page 11 of 17 Agenda Item #1.A. 13 Oct 2025 Page 17 of 153 Regular City Commission September 22, 2025 Motion passed 3 to 2. MOTION: Approve Ordinance No. 90-25-257 as amended (on first reading). Motion: Jessica Ring Second: Thomas Grant A roll call vote was taken beginning with Commissioner Kelly. Curtis Ford For Bruce Bole Against Candace Kelly Against Jessica Ring (Moved By) For Thomas Grant (Seconded By) For Motion passed 3 to 2. 9.D. ORDINANCE NO. 90-25-258, Public Hearing and First 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, INCLUDING ALL AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. The public hearing was opened, there were no speakers, and the public hearing was closed. MOTION: Approve Ordinance No. 90-25-258 (on first reading). Motion: Jessica Ring Second: Thomas Grant CM Killingsworth answered questions. A roll call vote was taken beginning with Commissioner Ring. Curtis Ford For Bruce Bole For Candace Kelly For Jessica Ring (Moved By) For Thomas Grant (Seconded By) For Page 12 of 17 Agenda Item #1.A. 13 Oct 2025 Page 18 of 153 Regular City Commission September 22, 2025 Motion passed 5 to 0. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole  Cheered on the Jacksonville Jaguars.  Shared a tip on microphone awareness. Commissioner Ring  Reminded everyone about the Donner Park playground enhancement meeting on Thursday, September 25, 2025 at 2:00 PM. and the survey. 13. ADJOURNMENT The meeting adjourned at 9:08 PM. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved: _____________________ Page 13 of 17 Agenda Item #1.A. 13 Oct 2025 Page 19 of 153 Page 14 of 17 Agenda Item #1.A. 13 Oct 2025 Page 20 of 153 Attachment A to 9-22-25 Minutes Page 15 of 17 Agenda Item #1.A. 13 Oct 2025 Page 21 of 153 Page 16 of 17 Agenda Item #1.A. 13 Oct 2025 Page 22 of 153 Description Amount Selected Items CM Majority Vote Rate Recs CM Rolled-Back Rate Recs Selected Items Selected Items $47,550 $302,550 $655,550 $1,852,450 $1,597,450 $1,244,450 Dog Park Upgrades $10,000 $10,000 $10,000 $10,000 Donner Park Baseball Field Upgrades LED Lighting Conversion $35,000 $35,000 $35,000 $35,000 Arborist $74,250 $74,250 $74,250 $74,250 Boy Scouts $5,000 $5,000 $5,000 $5,000 Marsh Oaks Community Center $325,000 $325,000 $325,000 $325,000 Building Maintenance Technician $65,200 $65,200 $65,200 $65,200 Veterans' Park Pavilion $50,000 $50,000 $50,000 $50,000 Plaza Drive Reconstruction - Sailfish W. To Nautical Blvd.$250,000 $250,000 Tideviews Boardwalk Refurbishment $100,000 $100,000 $100,000 $100,000 Gail Baker Center Decking Repairs $60,000 $60,000 $60,000 $60,000 Adele Grage Roof Replacement $50,000 $50,000 $50,000 $50,000 Outside Air Unit Replacement $120,000 $120,000 $120,000 $120,000 America 250 Celebration $20,000 $20,000 $20,000 $20,000 Dutton Island Dead Tree Removal $20,000 $20,000 $20,000 Russell Park Concession Stand Windows $10,000 $10,000 $10,000 $10,000 Beach Access And Preserve Walkway Repairs Maintenance $10,000 $10,000 $10,000 $10,000 Replace Bull Park Cabana With Parking $60,000 $60,000 $60,000 Tideviews Park ADA Access To Sunset Pier $15,000 Towncenter Street Light Replacement $100,000 $100,000 $100,000 Ditch Maintenance $25,000 $50,000 $50,000 Tennis and Basketball Resurfacing $100,000 $100,000 $100,000 New Walkovers - Locations TBD $140,000 Replace 6 Bay Barn With Metal 6-Bay Building $300,000 $300,000 $300,000 $300,000 Speed Display Trailer $12,500 Dutton Island Park Replace/Rehab Causeway Bridge Sheetpiling $900,000 Donner Park Path and Dudley Entrance Upgrade $115,000 Aquatic Dog Park - Bulkhead In Pond $90,000 Public Works Garage Shed Shop 22x30 $35,000 Thermoplastic Crosswalk Throughout City $25,000 New A/C Units - Locations TBD $20,000 Misc. Professional Engineering Services (Admin Division)$10,000 Misc. Professional Engineering Services (Road & Streets Division)$10,000 Sidewalks Throughout City As Needed $125,000 Jordan Park Angeled Parking $30,000 CAT SKID STEER With Attachments $70,000 Tile Restrooms At Dutton Island And Donner Park $10,000 $10,000 $10,000 Jordan Park Parallel Parking $60,000 Jordan Roof Replacement $65,000 Scorpion II Trailer Attenuator $50,000 Ice Machine $5,000 $0 Russell Park Baseball Maintenance $25,000 Baseball Light Repairs - Jack Russell $65,000 Ashby Park Upgrade Play Equipment $45,000 Johansen Park Refurbish Memorial Planter $11,000 Veterans' Park Bike Racks $10,000 Tideviews Park Kayak Launch Replacement $40,000 Dutton Island Trailhead Wayfinding $15,000 New Picnic Cabanas at Splash Pad $10,000 $10,000 $10,000 $10,000 Sod Aquatic Dog Park Maintenance $9,000 Jordan Park Entrance Sign And Enhancements $15,000 Improve Dudley Entrance At Donner Park $15,000 Duton Island Install of Surface Edging $20,000 Fairway Villas Xeriscaping $10,000 $10,000 $10,000 Fairway Villas Sign and Entrance Feature $3,000 $3,000 $3,000 Johansen Park Other Signage $10,000 Fletcher Band $5,000 $5,000 Johansen Park Educational Signage For Trees $8,000 $3,892,950 $1,852,450 $1,597,450 $1,244,450 $47,550 $302,550 $655,550 Attachment B to 9-22-25 Minutes Page 17 of 17Agenda Item #1.A.13 Oct 2025Page 23 of 153 Page 24 of 153 Agenda Item #3.A. 13 Oct 2025 Page 25 of 153 Agenda Item #3.A.13 Oct 2025 Page 26 of 153 Agenda Item #3.A.13 Oct 2025 Page 27 of 153 Agenda Item #3.A.13 Oct 2025 Page 28 of 153 Agenda Item #6.A. 13 Oct 2025 Page 29 of 153 Agenda Item #6.A. 13 Oct 2025 Page 30 of 153 Agenda Item #6.A. 13 Oct 2025 Page 31 of 153 Agenda Item #6.A. 13 Oct 2025 Page 32 of 153 Agenda Item #6.A. 13 Oct 2025 Page 33 of 153 Agenda Item #6.A. 13 Oct 2025 Page 34 of 153 Agenda Item #6.A. 13 Oct 2025 Page 35 of 153 Agenda Item #6.A. 13 Oct 2025 Page 36 of 153 Agenda Item #6.A. 13 Oct 2025 Page 37 of 153 Agenda Item #6.A. 13 Oct 2025 Page 38 of 153 Agenda Item #6.A. 13 Oct 2025 Page 39 of 153 Agenda Item #6.A. 13 Oct 2025 Page 40 of 153 Agenda Item #6.B. 13 Oct 2025 Page 41 of 153 Agenda Item #6.B. 13 Oct 2025 Page 42 of 153 Agenda Item #6.B. 13 Oct 2025 Page 43 of 153 Agenda Item #6.B. 13 Oct 2025 Page 44 of 153 Agenda Item #6.B. 13 Oct 2025 Page 45 of 153 Agenda Item #6.B. 13 Oct 2025 Page 46 of 153 Agenda Item #6.B. 13 Oct 2025 Page 47 of 153 Agenda Item #6.B. 13 Oct 2025 Page 48 of 153 Agenda Item #6.B. 13 Oct 2025 Page 49 of 153 Agenda Item #6.B. 13 Oct 2025 Page 50 of 153 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-67 authorizing the purchase of a new blower for the wastewater treatment plant SUBMITTED BY:Troy Stephens,Public Utilities Director TODAY’S DATE:October 1,2025 MEETING DATE:October 13,2025 BACKGROUND:The Public Utilities Department is upgrading the wastewater treatment plant as part of the Capital Improvement Plan.There is one Hoffman low—pressureblower at the plant that is no longer effective and does not work properly with the other blowers that the plant currently uses and must be replaced.Blowers are a key component in the wastewater treatment process as they supply oxygen to the microorganisms that break down organic matter in the wastewater. Staff reached out to three blower providers to obtain quotes,as shown in the chart below: Aerzen USA Corp Heyward Florida,Inc.MTS Florida $166,364.00 $166,697.00 $193,500.00 After evaluating the option from each provider,Staff recommends the quote from Aerzen USA Corp for the D 98 S DN 250 blower,instrumentation,controls,installation,start up and training for the blower replacement. BUDGET:The budget for this project is available in the Public Utilities Capital Improvements account 410—5508—535-6300for Project PU2516 in the amount of $300,000. RECOMMENDATION:Approve Resolution No.25-67 for the Project PU2516 in the amount of $166,364.00 ATTACHMENT(S):1.Resolution No.25-67 2.Quotes(3)from Blower Providers REVIEWED BY CITY MANAGER: ts Agenda Item #8.A. 13 Oct 2025 Page 51 of 153 RESOLUTION NO.25-67 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE PURCHASE AND INSTALLATION OF A REPLACEMENT BLOWER AT THE WASTEWATER TREATMENT PLANT;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. WHEREAS,the Public Utilities Department Capital Improvement Project PU2516 includes upgrading and replacing a Hoffman blower that is ineffective;and WHEREAS,Staff reached out to three blower providers for quotes to include installation, instrumentation,controls and training for the blower replacement;and WHEREAS,the lowest quote was provided by Aerzen USA Corp in the amount of $166,364.00;and WHEREAS,after reviewing each quote and services provided,Staff recommends the quote received from Aerzen USA Corp;and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby appropriates funds from City’s Public Utilities Fund 410-5508-535-6300 in Project PU2516 for the D 98 S DN 250 blower installation for the wastewater treatment plant. Section 2.The City Commission hereby authorizes the City Manager to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. Section 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of October,2025. Attest: Donna L.Bartle,City Clerk Curtis Ford,Mayor Approved as to form and correctness: Jason R.Gabriel,City Attorney ts Agenda Item #8.A. 13 Oct 2025 Page 52 of 153 ';,AERZEN ENV-608016.2 8/20/2025 Manufacturer/Service/Parts Aerzen USA Corp. 108 Independence Way Coatesville,PA 19320 800-444-1692 (tel) 610-380-0278 (fax) www.aerzen.comlen-us City of Atlantic Beach -Blower Replacement Proposal Agenda Item #8.A. 13 Oct 2025 Page 53 of 153 AERZEN AERZEN AERZEN USA CORPORATION 108 Independence Way Coatesville,PA 19320 Tel.(610)380-0244 9 Fax.(610)380-0278 Reference Number:ENV—608016.2 Re:City of Atlantic Beach -Blower Replacement Troy Stephens Firm -City of Atlantic Beach email -tstephens@coab.us phone _904-247-5875 AERZEN Representative Info: Name -Greg Slohoda of EnviroSales e-mail -Greg@envirosalesoffloridaccm phone-(239)963-4467 Blower Option 2:Hybrid Screw PD Model:D 98 S DN 250 Performance Data:Design Intake volume.handled at intake condition cfm 2,789 Volume handled at normal condition (dry)per ASME scfm 2,499 Mass ?ow lblh 11,587 Density at inlet conditions lb/cf 0.069 Relative humidity ¢85% lnlet pressure (abs)psia 14.66 Discharge pressure (abs)psia 23.4 Pressure difference psig 8.7 Intake temperature “F 100 Discharge temperature °F 212 Power consumption at coupling bHP 117 Motor Rating HP 150 Motor Speed rpm 3570 Motor frame 445TS Tolerance on ?ow &power 1“5 % Sound pressure level w/o enclosure dB(A)103 Sound pressure level w/enclosure dB(A)79 Weights &Dimensions: Discharge connection ANSI Flange Blower torso weight lbs. Blower motor weight lbs. Blower pkg weight lbs. Envelope dim.*L x W x H in. 460 VAC Cooling Fan kW AERtronic kW hone Name - e-mail -aaron.groover@aerzen.com phone -(470)867-3638 20-Aug-25 Proposal Prepared By: Name -Trevius Vinson email -trevius.vinson@aerzen.com (470)817-2132 Regional Manager: Aaron Groover Min 1,257 1,126 5,223 0.069 85% 14.66 23.4 8.7 100 214 54 1861 *Measured in free ?eld at 3ft.distance from the outline of the unit *dces not include system piping noise (tol.:t 2 dB(A)). 10" 4,855 1,709 6,564 87 x 75 x 93 0.38 0.2 *non binding dimensions includes,inlet ?lter silencer,relief valve,check valve,and ?ex connector AERZEN AERZENTo: Agenda Item #8.A. 13 Oct 2025 Page 54 of 153 j:AERZENAERZENUSACORPORATION 108 Independence Way Coatesville,PA 19320 Tel.(610)380-0244 9 Fax.(610)380-0278 D 98 S DN 250 Aerzen Delta Hybrid Blower Package consists of the following components,assembled in our factory. Aerzen Rotary Lobe Compressor D Series -Narrow V-belt drive -V—beltdrive guard -First fill of Delta Lube 06 oil o Service Accessories -Inlet ?lter-silencer,G4 per EN 779 (equivalent to MERV 7) -Discharge Silencer,Reactive type,integrated with base frame -Spring loaded pressure relief valve(s),sized for full ?ow -Set of vibration isolating mounts -Discharge manifold with externally accessible integrated check valve -Hinged motor support as automatic belt tensioning device o Sound enclosure,powder-coated galvanized steel,?re retardant HDP foam construction -10"ANSI Flanged discharge connection -Aeromat startup unloading valve -Anti-corrosive paint per ISO 12944 05 for sound enclosure 'Simpli?ed ISO-1217,Annex B test report(s) -Submittal data,hard copy -0&M manual,hard copy -Factory set relief valve.Blower Warranty 24/30 -Domestic packaging Drive motor -Motor 150 HP,2-pole,NEMA,TEFC,460 V /60 Hz,NEMAPremium Efficiency,445TS -Motor thermostats,one per phase @ 155 deg C -Insulated non-drive end motor bearing.Motor shaft grounding ring -Motor Warranty 3-Yr Motor Instrumentation and Controls -AERtronic Controls local control panel -Ethernet IP communication protocol -460V Supply Power -E-stop button -Aertronic HMI sun cover Optional Danfoss VFD (Shipped Loose) -VFD,NEMA 12/IP54 enclosure,150 HP,w/DC choke,(350 A)fused disconnect -Expanded General Purpose I/O -Ethernet IP communication protocol for VFD -VFD ships loose,installed by others -VFD conduit cover -Danfoss Warranty 3-Yr DrivePro. Spare Parts -1 spare air ?lter(s) -1 spare belt set(s) Agenda Item #8.A. 13 Oct 2025 Page 55 of 153 AERZENAERZENUSACORPORATION 108 Independence Way Coatesville,PA 19320 Tel.(610)380-0244 9 Fax.(610)380-0278 -1 spare oil ?lter(s) -Set of1 Delta Lube O6 5 gallon(s) Start Up &Services -1 trip(s),3 day(s)total installation,startup,&training Freight -Estimated Freight to jobsite Agenda Item #8.A. 13 Oct 2025 Page 56 of 153 AERZENAERZENUSACORPORATION 108 Independence Way Coatesville,PA 19320 Tel.(610)380—0244.Fax.(610)380—0278 Pricing Quantity:1 $1 6 6 ,3 6 4 No.Description Price Total 1 Quantity (1)Aerzen D 98 S DN 250 package as described above $129,590 2 Quantity (1)150 HP 3600 RPM motor as described above included 3 Quantity (1)Instrumentation and Controls as described above Included 4 Quantity (1)Optional Danfoss VFD (Shipped Loose)as described above $25,474 5 Start Up Services as described above $7,700 6 Freight as described above $3,600 Price does not include any tax or VAT. Delivery Terms:CIP Aerzen USA Coatesville,PA General Terms:This offer is subject to Aerzen Standard Terms and Conditions (AMUSA.08.22.001) Payment Terms:Net 30 days,20%of order value from date of accepted purchase order.30%of order value upon release for production for material procurement.50%of order value from date of readiness to ship. Submittals:4-6 weeks after receipt of purchase order Delivery Time:presently approximately 32 weeks after technical release by customer. Warranty:24 months after start up,30 months after delivery,whichever comes ?rst. “Maintenance must be performed per the Instruction Manual using Aerzen spare parts. *Equipment not manufactured by Aerzen willcarry the manufacturer's standard warranty. Quote Validity:All prices and lead times quoted are valid for 30 days from the date stated on the quotation. Agenda Item #8.A. 13 Oct 2025 Page 57 of 153 1.GENERAL PROVISION S 1.1 Entire Agreement: Aerzen USA Corp. Aerzen USA Corp.Terms and Conditions of Sale of Goods and Services AERZE 1.3 Assignment: 1.4 Notices: 1.2 Severability: (”Aerzen")agrees to provide goods and (if included on the Purchase Contract)services to the buyer ("Buyer")under the purchase contract,which consists ofthe purchase order and the purchase order acknowledgement (the "Purchase Contract”),to which these Terms and Conditions are attached on the following terms and conditions.Any alteration of these terms and conditions shall have no force or effect unless agreed to in writing by an officer of Aerzen or such other authorized signatory of Aerzen as designated in writing by Aerzen. These Terms and Conditions prevail over any of Buyer‘s general terms and conditions of purchase regardless of whether or when Buyer has submitted any purchase order,purchase contract,or such terms.Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms and Conditions.The Purchase Contract and these Terms and Conditions are sometimes referred to as the "Agreement". The Agreement constitutes the entire agreement between Aerzen and Buyer with respect to the sale of Goods and Services pursuant to the Purchase Contract,and supersedes all prior agreements,understandings,and communications,whether written or oral,relating to the subject matter hereof.A failure by either Aerzen or Buyer to enforce any rights under these Terms and Conditions shall not be deemed to constitute a waiver of those or any other rights under these Terms and Conditions.No condition stated by Buyer shall be binding upon Aerzen if in conflict with,inconsistent with,or in addition to these Terms and Conditions,unless expressly accepted in a writing signed by Aerzen.If there is any conflict or differences in any terms or conditions presented by Buyer and these Terms and Conditions,these Terms and Conditions shall govern. If any provision of the Agreement is found to be invalid,illegal,unenforceable,or in violation of any law or regulation,such invalidity,illegality,unenforceability,or violation shall not affect any other term or provision of the Agreement,and the remaining provisions shall continue in full force and effect. Buyer may not assign or transfer its rights or obligations under the Agreement without the prior written consent of Aerzen. All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally,sent by registered or certified mail,sent by recognized courier service,or sent by email to the addresses specified in the Purchase Contract or as otherwise provided in writing by the recipient.Notices shall be effective upon receipt,or upon attempted delivery if delivery is refused or if delivery is impossible because of failure of the recipient to provide reasonable means for accomplishing delivery. “Confidential Information”means any non—publicinformation disclosed by Aerzen to Buyer that is marked as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.Buyer agrees that Buyer will keep all Confidential Information confidential.Confidential Information shall remain the exclusive property of Aerzen. Buyer shall not reproduce or disclose any Confidential Information without prior written consent of Aerzen. The Agreement and the sale of equipment,materials,and other products ("Goods")and any services ("Services")pursuant thereto,and the respective rights and obligations of Aerzen and Buyer with regard thereto shall be governed by and construed according to the laws of the State of Florida,without regard to the principles of conflicts of law thereof. In the event ofany dispute arising out of or relating to the Agreement and the sale of Goods and any Services pursuant thereto,Aerzen and Buyer shall first attempt to resolve the dispute through good faith negotiations.Ifthe dispute cannot be resolved through negotiation within 30 days,either Aerzen or Buyer may request that the dispute be submitted to non—binding mediation facilitated by a neutral third-pa rty mediator agreed upon by both parties.If mediation is unsuccessful or not pursued,any unresolved disputes shall be finally settled by arbitration conducted in Coatesville,Pennsylvania,in accordance with the Commercial Arbitration Rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules.The language ofthe arbitration shall be English.If mediation or arbitration is not successful,the parties may pursue any and all legal or equitable remedies available to them.Any disputes arising under or in connection with the Agreement and the sale of Goods and any Services pursuant thereto,if not resolved pursuant to the foregoing,shall be subject to the exclusive jurisdiction of the courts located in Chester County,Pennsylvania. Aerzen shall not liable in any wayfor any default or delay with respect to the sale of Goods or Services due to contingencies beyond its control,including,but not limited to,war,restraints affecting shipping,delivery of materials,or credit as a result of war or war restrictions,non-arrival,delay or failure to procure materials as a result of war or war restrictions,rationing of fuel,strike,lockout,fire, bombing,terrorism,accident,flood,drought,pandemic,cyber-attack,and any other contingency affecting such party,its suppliers,or subcontractors. Each of Aerzen and Buyer hereby waives any and all rights of recovery,claim,action,or cause of action against the other party,its officers,directors,employees,agents,successors,and assigns,for any loss,damage,or liability covered by insurance maintained by such party,to the extent that such loss,damage,or liability is covered by such insurance,regardless of the cause of such loss, Page 1 of 5AMUSAT&Cs (Goods &Services)2.28.25 1.8 Force Majeure: 1.9 Waiver of Subrogation: 1.5 Confidentiality: 1.6 Governing Law and Jurisdiction: 1.7 Dispute Resolution: Agenda Item #8.A. 13 Oct 2025 Page 58 of 153 2.SALE OF GOODS AND SERVICE Page 2 of 5 damage,or liability,including but not limited to negligence of the other party,its officers,directors,employees,agents,successors,and assigns.Each of Aerzen and Buyer agrees to obtain from its insurance carrier a provision that the insurance carrier waives its right of subrogation against the other party in connection with any loss,damage,or liability covered by such insurance.This mutual waiver of subrogation shall be effective regardless of whether the party seeking recovery has actually received proceeds under any insurance policy for the loss,damage,or liability suffered.Each of Aerzen and Buyer agrees to include this mutual waiver of subrogation provision in all applicable insurance policies and to take all necessary steps to ensure that its insurance carrier is bound by the terms of this waiver.This waiver shall survive the termination or expiration of the Agreement and shall be binding upon and inure to the benefit of Aerzen and Buyer,and their respective successors and assigns. In no event shall Aerzen be liable to Buyer,Buyer's customers,or any third party for special,indirect, incidental,consequential,or punitive damages,or expenses incurred,whether arising from breach of contract,warranty,negligence,strict liability in tort,or other theories of law or equity.Such damages and expenses include,but are not limited to,liquidated damages,loss of profits or revenue,loss of use,cost of capital,cost of substitutes,downtime,service interruption,or any other type of economic loss.This limitation of liability shall apply regardless of the cause of action and regardless of whether such damages or expenses were foreseeable or arise directly or indirectly from the performance or non-performance of obligations under the Agreement or the sale of Goods and Services thereunder.By agreeing to this limitation of liability,Buyer acknowledges and accepts the allocation of risk set forth in this Section 1.10,and this provision shall survive the termination or expiration ofthe Agreement. Buyer warrants to Aerzen:(a)Buyer has established and adheres to cyber security standards and processes during all equipment and product development and testing procedures,(b).Without limiting any other rights Aerzen and Buyer may have under the Agreement,If any of Buyer's software and related electronic documentation contains any computer code that would cause a product vulnerability,unauthorized access,loss of functions,malware intrusion,or any other compromise to confidentiality,integrity,or availability, and such virus or other contaminant is brought into Aerzen's computer environment by or through Buyer,Buyer shall reimburse Aerzen for all labor and material costs (whether internal or third party)incurred by Aerzen to identify,contain,and correct the effects thereof. All Purchase Contracts are subject to acceptance and approval by Aerzen’s credit department and are not binding until and unless so approved and accepted.Written acknowledgement of a Purchase Contract shall constitute acceptance and will thereby be a binding contract which cannot be modified or cancelled by Buyer without written consent of Aerzen.Buyer is responsible for providing clear,accurate, and complete data during the quotation phase.If required information for project completion is missing or additional documents or requirements are submitted to Aerzen with the purchase order that were not previously reviewed andincluded in the scope of work,the project start date will be adjusted to the date of technical clarification rather than the date of Purchase Contract acceptance.In such cases, all agreed lead times for equipment and documentation will be calculated as weeks after technical clarification rather than from the date of Purchase Contract acceptance.All Buyer-provided documents,including but not limited to purchase orders,commercial documents,technical specifications,and markups of Aerzen documents,must be submitted electronically in a text—sea rchable format. All prices are quoted and payable in US.dollars,unless otherwise noted.Quoted prices shall remain valid for 30 days unless Aerzen notifies Buyer of a change in a quoted price prior to the end ofsuch 30-day period.Aerzen reserves the right to restrict or modify the terms of payment or to require payment prior to shipment if,in Aerzen’s opinion,Buyer's financial condition or other circumstances do not warrant shipment on the terms originally specified in the Agreement.Unless expressly agreed to in writing,pending satisfactory credit review,Aerzen standard payment terms are:(a)For Purchase Contracts totaling less than $100,000,the payment terms shall be Net 30 days from date of shipment,with no retainage held.(b)For Purchase Contracts totaling $100,000 or more,the following terms shall apply,assuming satisfactory credit review by Aerzen:20%ofthe Purchase Contract value from date of the accepted Purchase Contract; 30%of the Purchase Contract value upon release for production;and 50%of the Purchase Contract value at readiness to ship,with no retainage held.(c)All invoices are to be paid Net 30 days.(d)In those cases where progress payments are required,all work by Aerzen for Buyer will cease,in the sole discretion of Aerzen,if payment is not received in accordance with the payment schedule.(e)Payment retention will not be allowed.In the instance where an invoice is disputed,all undisputed portions remain payable within Net 30 days terms.(f)Interest at the rate of 1.5%per month or at the highest rate allowed by law,whichever is less,shall be charged to all overdue accounts.Buyer will reimburse Aerzen for all costs and expenses (including attorney’s fees and the costs of bringing any action)incurred in collecting any amounts past due.Buyer agrees to reimburse Aerzen for all reasonable travel and out—of—pocketexpenses incurred by Aerzen in connection with the performance of the Services. The prices quoted do not include any taxes.Any sales tax,use tax,excise tax,goods and service tax (GST),value added tax (VAT), customs tax,or other tax of any nature whatsoever imposed by any government authority on the transaction between Aerzen and Buyer (plus interest and penalties thereon,if any)shall be paid by Buyer,in addition to the prices quoted and invoiced.If Aerzen is required to pay any such taxes,Buyer shall reimburse Aerzen on demand for the full amount so paid by Aerzen.At the time of a Purchase Contract,Buyer shall provide Aerzen with any tax exemption certificates or other documents acceptable to the taxing or customs authorities. AMUSA T&Cs (Goods &Services)2.28.25 2.3 Taxes: 2.1 Orders: 2.2 Prices and Payments: 1.10 General Limitation of Liability 1.11 Cyber Security: Agenda Item #8.A. 13 Oct 2025 Page 59 of 153 b.Shipping Expenses: c.Acceptance of Goods and Services: 2.4 Liability: AERZE d.Delays by Buyer: h.Performance Dates: 2.7 Cancellation,Postponement,or Change Orders: Aerzen’s liability with respect to the Goods and Services sold pursuant to the Agreement shall be limited to the warranties provided in Section 2.8 ofthese Terms and Conditions and shall be limited to the price ofthe Goods and Services sold pursuant to the Purchase Contract. Scheduled or anticipated shipping and performance dates are estimates and not a guarantee of a particular date of shipment of Goods or performance of any Services.If any portion of the work under the order is delayed due to the Buyer,for any reason,including but not limited to late return of approval documents,Aerzen is entitled to a schedule change that reflects the actual impact of the delay. All Goods will be delivered EXW Aerzen,Coatesville,Pennsylvania,or such other location agreed by Aerzen and Buyer in writing (the "Delivery Point").Title and risk of loss shall pass to Buyer upon delivery of the Goods to the Delivery Point.In no event shall Aerzen be liable for any delay in delivery or assume any liability in connection with shipment,nor shall the carrier be deemed an agent of Aerzen. Unless otherwise specified in the Purchase Contract,all shipping expenses shall be pre-paid by Aerzen and subsequently added to the invoice.Buyer agrees to reimburse Aerzen for these shipping expenses as part of the total invoice amount. Buyer shall inspect all Goods or Services promptly upon receipt.Allclaims by Buyer,except only those provided for under warranty clauses specifically set forth in these Terms and Conditions,must be asserted in writing by Buyer within 5 days after receipt of the Goods or completion of the Services,or such claims are waived by Buyer. If Goods cannot be shipped to Buyer,or Buyer is not prepared for scheduled Service,when ready due to any cause not attributable to Aerzen,upon notice to Buyer,Aerzen may ship such Goods to storage.If such Goods are placed in storage,including storage at the facility where manufactured,the following conditions shall apply:(i)all risk of loss or damage shall thereupon pass to Buyer;(ii)title shall transfer to Buyer;(iii)any amounts otherwise payable to Aerzen upon delivery shall be payable upon presentation of Aerzen’s invoice; (iv)the Goods shall be deemed as shipped and the warranty time period shall commence;(v)all expenses incurred by Aerzen,such as preparation for and placement into storage,handling,inspection,preservation,insurance,storage and removal charges,and any taxes shall be payable by Buyer;and (vi)when conditions permit and upon payment of all amounts due pursuant to the Agreement,Aerzen shall resume delivery of Goods to the originally agreed point of delivery. If Goods cannot be shipped to Buyer when ready clue to delay of Buyer’s in-person inspection,upon notice to Buyer, such delay shall constitute a waiver of Buyer‘s rights of in-person inspection and rejection and an acceptance by Buyer ofan inspection report, as determined and compiled at Aerzen’s sole discretion.Such acceptance shall be in addition to the remedies for delays by Buyer outlined in these Terms and Conditions. Partial shipment of Goods ordered pursuant to a Purchase Contract will not be made without Buyer‘s knowledge or consent.If a complete shipment cannot be made by the required date,Aerzen will promptly notify Buyer thereof.If partial shipment with Buyer's consent is made,excess freight charges,if any,will be billed to Buyer. With respect to the Services,Buyer shall (i)cooperate with Aerzen in all matters relating to the Services and provide such access to Buyer‘s premises,and such office accommodation and other facilities as may reasonably be requested by Aerzen,for the purposes of performing the Services,(ii)supply all required assistance including but not limited to lifting devices,repair room and facilities, standard tools,electric,air,and other utilities required,scaffolding,lighting,and weather protection facilities,as required,or as requested by Aerzen,to safely carry out the work.Aerzen shall supply all specialty tools and such tools shall remain the property of Aerzen,(iii)respond promptly to any Aerzen request to provide direction,information,approvals,authorizations,or decisions that are reasonably necessary for Aerzen to perform Services in accordance with the requirements ofthis Agreement,and (iv)obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start. Aerzen shall use reasonable efforts to meet any performance dates to render the Services specified in the Purchase Contract,and any such dates shall be estimates only. Purchase Contracts are not subject to Buyer's cancellation,postponement,or change in specifications,shipping schedules,or other conditions originally agreed upon without Aerzen’s written consent and then only upon agreement to compensate Aerzen for any or all losses caused by such cancellation,postponement,or changes.Cancellation charges of between 20%and 100%of the total price of the Purchase Contract will be invoiced,as determined at Aerzen's sole discretion,depending on the status of completion plus Aerzen’s non—recoverable costs attributed to Buyer‘s order.Service orders may be subject to cancellation fees for purchased airfare or booking fees,should fees be imposed upon Aerzen clue to Buyer’s cancellation,postponement,or change in specifications,service schedule,or other conditions originally agreed.If Aerzen’s manufacturing is delayed or postponed because of the actions or omissions of Buyer,Aerzen shall be entitled to an equitable price adjustment.If Buyer's delay extends for more than 90 days and Aerzen and Buyer have not agreed upon a revised basis for continuing the work at the end of the delay,including adjustment of the price,then upon written notice,Aerzen may terminate the Purchase Contract,whereupon Buyer shall promptly pay Aerzen its cancellation charges as described herein. AMUSA T&Cs (Goods &Services)2.28.25 Page 3 of 5 e.Delays in Inspection: f.Partial Shipment: g.On-Site Technical Assistance: 2.5 Shipping or Service Date: 2.6 Delivery of Goods and Risk of Loss;Performance of Services: a.Title and Risk of Loss: Agenda Item #8.A. 13 Oct 2025 Page 60 of 153 AERZE Upon receipt of a change request from Buyer,including but not limited to a change in equipment design,schedule,cost,or quality,Aerzen may,at its sole discretion,place on hold all work related to any part of the order that may be impacted by the change.Aerzen will inform Buyer of the amount of hold time needed to review the change request.Upon completion of review,Aerzen will inform Buyer of the cost or schedule impact of Buyer’s change request.Buyer must then (i)issue a change order reflecting the cost and schedule impact,or (ii)withdraw the change request.The project schedule impact will be equal to or greater than the amount of time that the work under the order was on hold. Aerzen may terminate the Purchase Contract without liability to Buyer if (i)Buyer shall breach the Agreement and shall fail to cure such breach within 5 business days after written notice from Aerzen;(ii)Buyer shall become insolvent;(iii)a petition under the Bankruptcy Act or any other insolvency law shall be filed by or against Buyer;(iv)Buyer shall make assignment for the benefit of creditors;(v)Buyer shall fail to make timely payment of any obligation owed by it to Aerzen;or (vi)if Aerzen reasonably believes that Buyer is unable to make full and prompt payment as required under the Agreement.Buyer agrees that Buyer shall,no later than 30 days following the effective date of termination of this Agreement,pay all monies owed to Aerzen pursuant to the Agreement regardless of any terms of payment that may have otherwise been granted to Buyer by Aerzen.Aerzen shall not by reason of its termination of this Agreement in accordance with the terms hereof,be liable to Buyer for compensation or reimbursement of any damages on account of loss of profits or prospective profits on anticipated sales, or on commitments in connection with the business or goodwill of Buyer or otherwise or for direct,indirect,punitive,special,consequential, or liquidated damages. Unless otherwise stated in the Purchase Contract,Aerzen warrants the Goods will be free from defect in materials and workmanship for 24 months from the date of start-up,but not to exceed 30 months from the date of readiness to ship.Unless otherwi sestatedinthePurchaseContract,Aerzen warrants to Buyer that it shall perform the Services using personnel of required skill,experience,and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. Equipment (including accessories,components,and parts thereof)furnished by Aerzen but manufactured by others is not warranted by Aerzen and such equipment shall carry the warranty (if any)which the manufacturer has conveyed to Aerzen to the extent it can be passed on to Buyer.Aerzen shall,upon prompt written notice by Buyer,correct such non-conformities,at Aerzen’s sole option,by either repair or replacement.Allsuch defective Goods shall follow the RMA policy set forth in Section 2.10 and be sent at Buyer's expense directly to Aerzen at 108 Independence Way,Coatesville,Pennsylvania,USA,19320 or an Aerzen Authorized Service Center,as directed by Aerzen.Shipment of repaired or replacement Goods will be at Aerzen’s expense.Aerzen warrants any equipment repaired or replaced pursuant to the above warranty to be free from defects in materials and workmanship for the longer of:(a)a period of 90 days after the start-up of such repaired or replaced equipment or (b)the period remaining on the warranty.Goods must be maintained per Aerzen’s Operations and Maintenance manual,including proper maintenance documentation,for the warranty to remain valid.With respect to any Services subject to a claim under the warranty set forth in this Section 2.8,Aerzen shall,in its sole discretion,(i)repair or re—performthe applicable Services or (ii)credit or refund the price of such Services at the pro rata contract rate. THE FOREGOINGWARRANTIES ARE EXCLUSIVEAND IN LIEUOF ALLOTHERWARRANTIES,WHETHERWRITTEN,ORAL,OR IMPLIED,INCLUDIN GANYWARRANTYOFPERFORMANCE,MERCHANTABILITYOR FITNESSFOR A PARTICULAR PURPOSE.NO REPRESENTATION,CONDITION OR WARRANTY,INCLUDING,BUT NOT LIMITEDTO,STATEMENTS OF CAPACITY,SUITABILITYFOR USE,OR PERFORMANCE,WHETHER MADE B YAERZENORAERZEN'SEMPLOYEESOR REPRESENTATIVEPERSONNEL,SHALL BE CONSIDERED TO BE A WARRANTY BY AERZEN FOR AN YPURPOSEORGIVERISETOANYLIABILITYOFAERZENWHATSOEVERANDALLSUCHIMPLIEDWARRANTIESAREHEREBYDISCLAIMED B YAERZENANDEXCLUDEDFROMANYCONTRACTRESULTNGORARISINGFROMOROTHERWISEEVIDENCEDBYTHESETERMSAND CONDITIONS. Failure to notify Aerzen in writing within 5 days after Buyer discovered,or ought to have discovered,any defective or non—conforming Goods or Services or any unsatisfactory operation or installation shall terminate the warranties set forth above.The above warranties do not apply to Goods which are (a)repaired,modified,or altered by any party other than Aerzen or Aerzen’s Authorized Service Center;(b)subjected to unusual physical,thermal,or electrical stresses,corrosion or erosion,improper installation,improper grounding,improper maintenance,lack of lubrication,misuse,abuse,accident or negligence in use,use contrary to any instructions issued by Aerzen,improper testing,installation, storage,transportation,repair,maintenance,or handling,or (c)considered a consumable item or an item requiring repair or replacement due to normal wear and tear.AERZEN SHALLNOT BE LIABLEFOR SPECIAL OR CONSEQUENTIALDAMAGES WHICH MAY ARISE UNDER THIS CONTRACTWHETHERSUCH LIABILITYIS IN CONTRACT,TORT (INCLUDINGNEGLIGENCE)OR OTHERWISE,AND IN NO CASESHALLAERZEN’ SLIABILITYEXCEEDTHEPRICEOFTHENONCONFORMINGGOODSORSERVICES. Any rejection of nonconforming Goods must be made by Buyer within 5 business days after delivery and Buyer must give written notice,including a description ofthe alleged nonconformity,to Aerzen within that period.Upon receipt ofsuch notification, Aerzen will arrange for the return of the Goods,at Aerzen’s expense.If the nonconformity is confirmed,Aerzen will ship conforming Goods to Buyer at Aerzen’s expense.If the Goods are found to be conforming,they will be returned to Buyer at Buyer's expense,and Buyer wil lreimburseAerzen,on demand,for the initial return shipping costs and any other costs associated with the inspection of the Goods. For returns and repairs,Buyer must contact Aerzen‘s customer support for shipping instructions and obtain a Return Material Authorization (”RMA”).Buyer must ship Goods to be returned or repaired in original packaging or equivalent,with the RM Page 4 of 5AMUSAT&Cs (Goods &Services)2.28.25 2.9 Nonconforming Goods: 2.10 Returns and Repairs: 2.8 Limited Warranty: Agenda Item #8.A. 13 Oct 2025 Page 61 of 153 AERZE 2.15 Data Use: clearly marked on the outside of the package,freight prepaid.Aerzen is not responsible for any damage occurring in transit or obligated to accept products returned without an RMA.Buyer bears all risk of loss or damage to the returned product until delivery at Aerzen’s designated facility.Unauthorized returns or returns of non-eligible items may be reshipped by Aerzen freight collect to Buyer .The RMA supersedes any implied return authorization whether oral or in writing that does not include an RMA. No returns for credit will be accepted unless Aerzen’s written permission has been obtained in each case in advance. Allauthorized returns are subject to a restocking fee of no less than 15%,at Aerzen’s sole discretion.This fee will be deducted from the credit issued to Buyer.The following items are not eligible for return under any circumstances:(i)Electrical parts including but not limited to motors, Human—MachineInterfaces (HMIs),modules,transducers;(ii)Bare shaft rotating assemblies;(iii)Belts;(iv)Oil;(v)Filters,including but not limited to Oil and Airfilters. During the term of service and for one year thereafter,Buyer shall not directly or indirectly solicit,hire,or employ any individual employed by Aerzen who has provided on-site services to Buyer.This restriction applies to offers originating from Buyer or any entity affiliated with Buyer.Buyer acknowledges that such actions could harm Aerzen’s business interests and agrees to abide by this provision to avoid potential conflicts of interest. At all times while Aerzen employees or contractors are performing services on-site,Buyer shall,at its own expense,maintain and carry insurance in full force and effect which includes,but is not limited to,commercial general liability (including product liability)in a sum no less than $1,000,000 per occurrence,with financially sound and reputable insurers.Upon Aerzen's request,Buyer shall provide Aerzen with a certificate of insurance from Buyer's insurer evidencing the insurance coverage specified in this Section 2.14.The certificate of insurance shall name Aerzen as an additional insured.Except where prohibited by law,Buyer shall require its insurer to waive all rights of subrogation against Aerzen's insurers and Aerzen. The Goods may include data monitoring services.The data received by Aerzen may be used by Aerzen and certain third—party distributors and contractors for the sole purposes of increasing overall customer service and determining claims of warrantability.Aerzen will use commercially reasonable efforts to ensure that Buyer’s data is kept confidential.Buyer may request discontinuance of data monitoring service at any time,subject to waiver of all and any remaining warranties. :Buyer represents and warrants to Aerzen that Buyer is familiar with,and will comply in all respects with United States export laws,regulations,and administrative requirements applicable to Buyer's purchase of the Goods,including, without limitation,the International Traffic in Arms Regulations ("ITAR");the United States Foreign Corrupt Practices Act ("FCPA");the Organization for Economic Co-operation and Development ("OECD")Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;the Export Administration Regulations ("EAR");the Foreign Trade Regulations ("FTR");and the laws, regulations,and orders issued or administered by the US.Department ofthe Treasury,Office of Foreign Assets Control ("OFAC"),and Internal Revenue Service ("IRS")in relation to export control,antiboycott,or trade sanctions matters.Buyer will comply with any reasonable requests made by Aerzen for information that enables Aerzen to comply with third-party payments,including,without limitation,the Foreign Account Tax Compliance Act ("FATCA").Buyer shall be responsible for obtaining any required United States government authorizations,including, without limitation,export licenses or exemption authorizations applicable to Buyer's purchase of the Goods.Upon request,Buyer shall promptly furnish evidence satisfactory to Aerzen of compliance with any ofthe laws,regulations,and administrative requirements referenced above.Buyer shall provide Aerzen the Export Control Classification Number ("ECCN"),including any applicable subparagraph number from the EAR,or the United States Munitions List ("USML“)Category from the ITAR,applicable to any United States origin product,software,or technology,or the direct product thereof,to be provided by Buyer in support of the purchase of the Goods by Buyer.Buyer shall promptly notify Aerzen in writing of any future changes in the ECCNor USML Category applicable to the same,including any jurisdictional changes between the EAR and ITAR. Page 5 of 5AMUSAT&CS (Goods &Services)2.28.25 2.16 Import And Export Control Requirements: 2.11 Returns for Credit: 2.13 Restrictions 0n Hiring Aerzen Employees: 2.14 Insurance: Agenda Item #8.A. 13 Oct 2025 Page 62 of 153 GHARDYPRO-AIR,. f 7 .SYSTEMS 5c SERVICEu.» "b Aeration PD Blower Re lacement 2 500 SCFM at 10 PSIG 351 Main Street Telephone (800)658-0198 Antioch,IL 60002 Fax (847)395-2972 May 21,2025 Mr.Dustin Chisum via email to: Heyward Florida Inc 415 Country Club Drive Winter Park,FL32789 Subject:Atlantic Beach,FL—Blower Replacement Proposal No.P-2505-130 Thank you for this opportunity to supply you with this proposal for your customer.We pride ourselves on the quality and workmanship of our products and expect that your customer will enjoy the use of our solutions for many years.Below,please find the details specific to this proposal. QTY:1 Hardy Pro-Pack Model HPP-ZOOCDLGOO-ISOHP-12-10Blower Package complete with: 1 -Gardner Denver Cycloblower 200CDL600 Screw -Lobe DSLBlower,or equal 1 -150 HP TEFC,3/60/230-460Volt premium efficient electric motor,VFD Capable >Thermostats &Space Heaters included 1 -Motor shaft grounding ring (AEGIS) 1 -Elevated structural steel common base 1 -Direct drive,Dodge Raptor Coupling,with enclosed drive guard 1 -Inlet filter-silencer,12"with filter restriction indicator 1 -Discharge silencer,10" 1 -Discharge check valve,10”with silicone seal and stainless-steel spring 1 -Discharge butterfly valve,10"with locking handle 1 -Discharge expansion joint,10"rated for 300 degrees F 1 -Discharge pressure relief valves (2),spring loaded 3”,set @ 11 PSIG 1 -Discharge pressure gauge,liquid filled,0-15 PSIG 1 -Discharge temperature gauge &switch 1 -Discharge pressure gauge &switch 1 -Differential switch 1 -Initial fill of oil for blower start-up 1 —Oil drain hose kit,to simplify oil change efforts 1 -Set of four 1”Thick vibration pads 1 -Prime and finish paint the package with Blue Industrial Enamel,guard to be yellow 1 -Labor to assemble &provide a mechanical run test prior to shipment 1 -1-year warranty from initial start-up or 18-months from delivery BLOWERPERFORMANCE Volume,design 2,500 SCFM Est.Noise w/Enclosure 80 dBA A Pressure 10 PSIG Inlet Temp 100 Degrees F Speed,design 2,120 RPM Discharge Temp 210 Degrees F Power Req.,design 126.6 BHP Elevation 10 FTASL Power Req.,@ 11 PSIG 137.4 BHP Inlet Humidity 90 % dchisum he wardfl.com ts Agenda Item #8.A. 13 Oct 2025 Page 63 of 153 Hardy Pro-Air Systems &Service Mr.Dustin Chisum Heyward Florida Inc Proposal No.P—2505-130 May 21,2025 QTY:1 -(Optional)Hardy Pro-Closure Sound Enclosures each complete with: —Galvanneal construction -Powder coated exterior surfaces —Interior sound insulating material (expect 12-15 dB sound reduction) —Lockingservice access panels on four sides of the enclosure -120 Volt thermostatically controlled powered exhaust fan -Labor to mount blower package within the enclosure -Sound enclosure light kit,to simplify maintenance tasks in dark conditions QTY:1 -(Optional)150 HP Control Panel with Variable Frequency Drive (VFD)with Keypad VFD is designed for constant torque applications -Contained within a NEMA 4X enclosure -Intuitive on-board keypad interface allowing for fast and easy input of application data Provides a circuit breaker disconnect Light indicators for run,fault/reset&drive ready. -H-O-A,start/stop, -Forced air cool with thermostat Total Price for 1 Blower Package .................................... ....... $98,145.00 Estimated Weight:6,015 Lbs. Total Price for 1 Blower Package &Sound Enclosure .................$123,697.00 Estimated Weight:7,415 Lbs. O tional —Not included in the above ricin 0 Services:Start-up and Training (1 trip,2 days)5 3,800.00 0 Estimated freight charge ....................................................................... ......................... 5 2,000.00 NOTES 8:.CLARIFICATIONS 1.These prices will be held firmly for a period of 30 days from the date on this letter. a.lfthe order is not placed within 30 days of quotation,for shipment within 180 days of quotation,this proposal will need to be repriced at the time of order entry. b.If submittal is not approved within 90 days of purchase order entry,HPA reserves the right to update the price of this solution. 2.Equipment purchased after receipt of PO where the PO is then cancelled for any reason,the purchaser is responsible for any restocking fees,or any other contingencies imposed by the manufacturer. 3.Due to government policies,tariffs may increase the cost of equipment at any time.Any cost increases due to tariffs implemented by the GEMS prior to purchasing equipment,will be the responsibility of the purchaser.HPA will do everything possible to purchase equipment prior to any date announced to increase cost due to tariffs by any of the GEMS. 4 These prices are F.O.B.factories and do not include freight charges,mechanical or electrical installation,controls,motor starters,startup service,supervision or applicable sales taxes. Total Price for 1 Blower Package w/Sound Enclosures &Controls ..................$166,697.00 Estimated Weight:7,590 Lbs. Agenda Item #8.A. 13 Oct 2025 Page 64 of 153 m Mr.Dustin Chisum Heyward Florida Inc Proposal No.P-2505—130 May 21,2025 5.Delivery is estimated to be from 16-19 weeks after receipt of the approval drawings.Allow 1-2 weeks for the preparation of these drawings. 6.Estimated sound pressure values given are "free field"estimates at (1)meter for a single unit operating floor mounted with premium grade silencers and exhaust piped away.The addition of a sound enclosure will reduce/hasreduced the estimated sound level by 12-15 dB.Jobsite levels are not guaranteed due to environmental influences beyond our control. 7 The payment terms,based upon approved credit,follow a progress billing format using this schedule: a.20%down payment payment due upon receipt of invoice b.80%upon shipment payment is due Net 30 days from date of shipment We certainly appreciate this opportunity to quote on your air blower requirements.If you desire clarification of any points in this letter of quotation,or if we may be of added service to you in any manner,please feel free to contact us at 847-395-2977 or 800-658-0198. Very truly yours, JW WM James Cuellar Hardy Pro—AirSystems &Service Agenda Item #8.A. 13 Oct 2025 Page 65 of 153 COMPRESSORS Kaeser Compressors,Inc. PO Box 946 Fredericksburg,VA 22404 Contact:Caleb Crosson Tel:(540)701-1998 c/o MTS Environmental,Inc .Bob Bierhorst Tel:(904)273-8600 Your reference Customer no.Quotation no.Date Atlantic Beach,FL 529482 87188527 01/13/2025 Dear Bidding Contractor: Project:Atlantic Beach,FL We are pleased to present the following proposal for your review.With Kaeser Compressors,you can be confident your organization will bene?t from years of engineering expertise,premium products,and a nationwide service network.Our products reduce life cycle costs with years of reliable service,simple maintenance and high energy ef?ciency—making them the smart investment. Kaeser will be providing our standard equipment and instrumentation.Kaeser's scope of supply is as shown on the quote.items not quoted will not be provided.Kaeser takes exception as noted on the markup of the specifications included with this quote. Thank you for the opportunity to prove Kaeser Compressors offers the product solutions for your needs,as well as the customer service you deserve. Sincerely, Caleb Crosson Project Support Engineer Kaeser Compressors,|nc.,P.O.Box 946,Fredericksburg,VA 22404,Phone:(540)-898—5500Fax:(540)-898-5520 www.kaeser_com A Company with Certi?ed Quality and Environmental Management Systems ISO 9001:2015 and 14001 :2015 Bidding Contractor Omega Bid Job 511 Sigma Drive Fredericksburg VA 22408 QUOTATION Agenda Item #8.A. 13 Oct 2025 Page 66 of 153 MMA COMPRESSORS Item Description Material QTY UM Unit price USD *Common Services * *Blower Package * Screw Blower GBS1050L-SFC-125hp-GSO GBS.1C 1.000 PC Country of installation USA Model GBS1050L Operating mode Gauge pressure Screw blower package price includes suite of sensors,VFD,and local SC2 controller to provide plug-and-play blower solution with EtherNet/IP communications module Blower package price includes C-Unit adder(s): 45 55 65 75 85 95 ~Extra Thickness Paint *Spare Parts * Filter fleece DN300 8956560 1.000 PC Filter mat 283x283x10 7.451900010 3.000 PC SET filter mats Control 4E0157.0 1.000 PC cabinet Filter element E6KE 9015200 1.000 Anti-friction bearing grease 6.32340 1.000 Unirex N3 4 SIGMA FLUlD 6-680 10 I 9018820010 2.000 CA Quotation 87188527 —Omega Bid Job 2/4 PC PC Total USD QUOTATION Agenda Item #8.A. 13 Oct 2025 Page 67 of 153 MMA COMPRE SORS Item Description Material QTY UM Unit price USD 115 Equipmentspecific manual USMANUALPD 1000 PC PDF F Kaeser’s equipment specific 0&M manual in a pdf ?le (via email)to be supplied. 125 EquipmentsubmittalPDF USSUBMTLPD 1.000 PC F Kaeser’s standard equipment submittal in a pdf file (via email)to be supplied.Note on PO if approval is required before release to production. 135 STARTUP LABOR USSTARTUP 1.000 PC Blower Start-up Assistance for the blower packages quoted.Please provide a two week notice to schedule. 145 On Site Training USONSITE 1.000 PC Blower Training for the blower packages being quoted.Please provide a two week notice to schedule 155 FREIGHT CHARGES USFREIGHT 1.000 PC The freight charge quoted is just an estimate and may be subject to change if the rates are higher when the actual shipment is made. Pricing does not include applicable sales taxes. Terms of payment: Within 30 days Payment terms are subject to credit approval. Terms of delivery (lncoterms®2010) FCA US Shipping Point If prepay and add shipping is requested the freight charges will be added to the invoice. Quotation valid until 03/14/2025 Quotation 87188527 —Omega Bid Job 3/4 $193 ,500’00TOTALPRIC Total USD QUOTATION Agenda Item #8.A. 13 Oct 2025 Page 68 of 153 Estimated delivery time: Estimated 24-26 weeks upon release to production. Should there be a requested delay in the scheduled ship date,a weekly storage fee equal to 1%of the net value of the order will be charged until the order is shipped. Quotation 87188527 Omega Bid Job 4/4 QUOTATION Agenda Item #8.A. 13 Oct 2025 Page 69 of 153 Page 70 of 153 Agenda Item #8.B. 13 Oct 2025 Page 71 of 153 Agenda Item #8.B. 13 Oct 2025 Page 72 of 153 Agenda Item #8.B. 13 Oct 2025 Page 73 of 153 Agenda Item #8.B. 13 Oct 2025 Page 74 of 153 Agenda Item #8.B. 13 Oct 2025 Page 75 of 153 Agenda Item #8.B.13 Oct 2025 Page 76 of 153 Agenda Item #8.B.13 Oct 2025 Page 77 of 153 Agenda Item #8.B.13 Oct 2025 Page 78 of 153 AGENDA ITEM:Resolution No.25-81 approving Construction Administrative Services for Water Treatment Plant #2 Upgrade and Water System Modeling Updates SUBMITTED BY:Troy Stephens,Public Utilities Director CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT TODAY’S DATE:October 3,2025 MEETING DATE:October 13,2025 BACKGROUND:Staff received a Scope &Fee Proposal from John Collins Engineering Associates,LLC for construction administration services for the water treatment plant #2 water system modeling updates in the amount of $89,968.19.This agreement is to provide professional engineering construction administrative services for the continued upgrades at water treatment plant #2 on Mayport Road. The scope of services from John Collins Engineering Associates,LLC includes all contract documents, meetings,site visits,reviewing pay requests,shop drawing reviews,change orders,inspections,FDEP Certi?cations and permit close out documents. The City has a Professional Engineering Services Agreement with John Collins Engineering Associates, LLC,and this scope of work would be Task Authorization N0.RFQ25-01-JCEA-TA#2 under said agreement. BUDGET:Funds have been budgeted for this service in the Public Utilities Water Production account 400-5502-533-3100 in the amount of $125,000. RECOMMENDATION:Approve Resolution No.25-81 authorizing staff to issue a Task Authorization to John Collins Engineering Associates,LLC in the amount of $89,968.19 for Construction Administration Services for the Water Treatment Plant #2 Upgrade and Water System Modeling Updates. ATTACHMENT(S):1.Resolution No.25-81 2.Proposal from John Collins REVIEWED BY CITY MANAGER: ts Agenda Item #8.C. 13 Oct 2025 Page 79 of 153 Donna L.Bartle,City Clerk Curtis Ford,Mayor RESOLUTION N 0.25—81 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO JOHN COLLINS ENGINEERING ASSOCIATES,LLC FOR CONSTRUCTION ADMINISTRATION SERVICES IN CONNECTION WITH THE PUBLIC UTILITIES WATER TREATMENT PLANT #2 UPGRADES;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. WHEREAS,staff received a Scope &Fee Proposal from John Collins Engineering Associates, LLC (J CEA)in the amount of $89,968.19 to perform construction administration services for the water treatment plant #2 upgrades project;and WHEREAS,JCEA will provide all contract documents,meetings,site visits,reviewing of pay requests,shop drawing reviews,change orders,inspections,FDEP Certi?cations and permit close out documents;and WHEREAS,the City has a Professional Engineering Services Agreement with JCEA,and this scope of work would be Task Authorization No.RFQ25-01—JCEA-TA#2 under said Agreement;and WHEREAS,funding is available in account No.400-5502-533-3100 in the amount of $125,000; and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby authorizes the City Manager to execute Task Authorization No.RFQ 25-01—JCEA-TA#2 to John Collins Engineering Associates,LLC in the amount of $89,968.19 for construction administration services for the water treatment plant #2 upgrades,as describedin the J CEA Scope &Fee Proposal,and; Section 2.The City Commission hereby authorizes the City Manager to approve a purchase order to John Collins Engineering Associates,LLC in accordance with and as necessary to effectuate the provisions of this Resolution. Section 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of October,2025. Attest: Approved as to form and correctness: Jason R.Gabriel,City Attorney Agenda Item #8.C. 13 Oct 2025 Page 80 of 153 J.COLLINS ENGINEERING ASSOCIATES,LLC FY 2023 CITY OF ATLANTIC BEACH WATER TREATMENT PLANT #2 WTP#2 UPGRADE &WATER SYSTEM MODELING UPDATE — CONSTRUCTION ADMINISTRATIVE SERVICES SCOPE OF WORK PROJECT NAME:City of Atlantic Beach —Water Treatment Plant #2 Upgrade and Water System Modeling Update PART 1.0 PROJECT PURPOSE:-The City is in process of upgrading the Water System. Water Treatment Plant #1 is currently under construction for improvements.This project ,the Water Treatment Plant #2 Upgrade is approved for construction and the contractor has been selected.The construction work includes upgrades to the pumps,piping,chlorine system and a new water storage reservoir. PART 2.0 SCOPE OF SERVICES:The scope of services includes: Water Treatment Plant #2 —Construction Administrative Services I.Pro'ect De?nition II.The scope of work for the Water Treatment Plant #2 Upgrades includes improvements including variable speed drives,replacement of high service pumps,new ground storage reservoir,new chlorine building/converting from gaseous chlorine disinfection to liquid chlorine disinfection,piping/valves,new chlorine injection vault,new electrical/controls and miscellaneous modi?cations. lll.Construction Administration Services 1.CA Services Work Items i.Contract Documents (Conformed drawings,details,contracts, specifications and requirements,etc. ii.Request for Additional Information (RFl) iii.Kick-off Meeting\Pre-construction meeting iv.Site visits v.Periodic progress or site meetings (18) vi.Review periodic pay requests (18) vii.Shop Drawing reviews viii.Change Orders ix.Final inspections/FDEP Certi?cations x.As—builtpreparation xi.Permit Close-out documents ts Agenda Item #8.C. 13 Oct 2025 Page 81 of 153 12.0 od o.m 0.0 Cd 04» o._. Qm can o.N o._. o._. m?ammdmw2.25.8»00.00Nw00.000.5mmdwodwwadmmdemmdkimmwmmdnimmw060m0..vN0.000.0%“0.0V0..vN0.vm0.00..0.I»ONNF0.:0.00::0..v0.00..v0.0 w‘soIém—Z mm“.82>.me 5:09.580.D Em:€25 :32. o\oo_. h«comF 8.8%8.85 oodmw8.8a Q8cm: 3 ON ON .850 mNON l?? 8:2 _m>m_._. £80895 ES; 39:90 Exam.mgok 8.2K.a833$ 8.8a8.8a 0.3cm? 0.0 0.x 0.2 0.0 0.0 04 9mm 0..v 0.mm 0...q QwN 0.F 0d 0.9 cm.625mum8m. mmom95..cozoazwcoo mm.535 8.Ba 38. 0.: 0.0 0N 0.v 0.0 0N 0.0V 0.3. 0.mm 0.0 00¢ 0.0 0M 0; IEE: 8.808 8&3 32 0d 0.0 0.0m 0%. 0% 0.0 ohm 0.v 0dr 0..v 0.0 0d 0d 0; SEEK 9. 32:8 cozosbmcoo -mo;.30... .3053 m8; @295.I-:m_>_ Am?EEnzwhovcm>co Emma m_m::ms_mocmcoEEs.w3:980 3550:.5:85:0065 5:05:98 9E3 ?m_>22; 8:989;meEzooo Eoow; cozmoz?wo ;m_o; :ozooamc..mE;.m3:385 85_m>o._;;m\\sw_>9BmEzmwE;889200 32>Emacozmozo 869050 #662 dB;855E 05622 .o 9:39:222 .g c2539;.m $9:me w:@569:3902;25:22 $5032 @53an 35 d2;wwSEE 923.2 .0 9.:me 3:23 .o. 8:939;.m 9:82 8:025:00 9.; 8:9306&9;um?mEzwmowns;:ozoszmcoo-0 E2.£25 amw Agenda Item #8.C.13 Oct 2025 Page 82 of 153 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.25-82 approving Construction Administrative Services for the Wastewater Treatment Plant Chlorination &Dechlorination System Improvements Project SUBMITTED BY:Troy Stephens,Public Utilities Director TODAY’S DATE:October 3,2025 MEETING DATE:October 13,2025 BACKGROUND:Staff received a Scope &Fee Proposal from John Collins Engineering Associates.LLC to nerfnrm construction administration services for the wastewater treatment plant chlorination &dechlorination system improvements project in the amount of $33,834.50. The scope of services from John Collins Engineering Associates,LLC,received June 2025,includes all contract documents,meetings,site visits,reviewing pay requests,shop drawing reviews,change orders, inspections,FDEP Certi?cations and permit close out documents. The City has a Professional Engineering Services Agreement with John Collins Engineering Associates, LLC,and this scope of work would be Task Authorization No.RFQ25-01-JCEA-TA#1 Task 11under- said agreement. BUDGET:Funds have been budgeted for this service in the Public Utilities Water Production account 410-5508-535-3100 in the amount of $69,500.00. RECOMMENDATION:Approve Resolution No.25-82 authorizing staff to issue a Task Authorization to John Collins Engineering Associates,LLC in the amount of $33,834.50 for Construction Administration Services for the wastewater treatment plant chlorination &dechlorination system improvements project as described in the Scope &Fee Proposal dated June 2025. ATTACHMENT(S):1 .Resolution No.25—82 2.Proposal from John Collins REVIEWED BY CITY MANAGER: A--_v--u-'-,H..--V v-- ts Agenda Item #8.D. 13 Oct 2025 Page 83 of 153 Attest: Donna L.Bartle,City Clerk Curtis Ford,Mayor RESOLUTION N 0.25—82 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AUTHORIZING STAFF TO ISSUE A TASK AUTHORIZATION TO JOHN COLLINS ENGINEERING ASSOCIATES,LLC FOR CONSTRUCTION ADMINISTRATION SERVICES IN CONNECTION WITH THE PUBLIC UTILITIES WASTEWATER TREATMENT PLANT CHLORINATION &DECHLORINATION SYSTEM IMPROVEMENTS; 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. WHEREAS,staff received a Scope &Fee Proposal from John Collins Engineering Associates,LLC (JCEA)in the amount of $33,834.50 to perform construction administration services for the wastewater treatment plant chlorination &dechlorination system improvement project;and WHEREAS,JCEA will provide all contract documents,meetings,site visits,reviewing of pay requests,shop drawing reviews,change orders,inspections,FDEP Certi?cations and permit close out documents;and WHEREAS.the Citv has a Professional Engineering Services Agreement with JCEA,and this scope of work would be Task Authorization No.RFQ25-01-JCEA-TA#1 Task 11under said Agreement;and WHEREAS,funding is available in account No.410—5508-535-3100 in the amount of $;and NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1.The City Commission hereby authorizes the City Manager to execute Task Authorization No.RFQ 25-01-JCEA-TA #1 Task 11 to John Collins Engineering Associates,LLC in the amount of $33,834.50 for construction administration services for the wastewater treatment plant chlorination & dechlorination system improvements,as described in the J CEA Scope &Fee Proposal,dated June 2025,and; Section 2.The City Commission hereby authorizes the City Manager to approve a purchase order to John Collins Engineering Associates,LLC in accordance with and as necessary to effectuate the provisions of this Resolution. Section 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 13th day of October,2025. Approved as to form and correctness: Jason R.Gabriel,City Attorney Agenda Item #8.D. 13 Oct 2025 Page 84 of 153 J.COLLINS ENGINEERING ASSOCIATES,LLC CITY OF ATLANTIC BEACH WASTEWATER TREATMENT PLANT CHLORINATION & DECHLORINATION SYSTEM IMPROVEMENTS TASK ll -CONSTRUCTION ADMINISTRATIVE SERVICES June 2025 SCOPE OF WORK PROJECT NAME:City of Atlantic Beach Wastewater Treatment Plant Chlorination and Dechlorination System Improvements PART 1.0 PROJECT PURPOSE:City has ongoing chlorination/dechlorination system improvements to the Wastewater Treatment Plant to upgrade to a new liquid feed chlorination system and eliminate the chlorine gas feed system at the City’s Wastewater Treatment Plant. The scope of work for Task l —PRELIMINARYENGINEERING PHASE and Task ||- PERMITTING,DESIGN &BIDDING has been completed.This work is for CONSTRUCTION ADMINISTRATIONSERVICES. PART 2.0 SCOPE OF SERVICES:The scope of services includes: Task ll —Wastewater Treatment Plant -Construction Administrative Services — Chlorination/Dechlorination S stem lm rovements Pro'ect De?nition 1 The scope of design/CA services is a Chlorination System conversion from the current system which utilizes gaseous chlorine (ton cylinders)to a sodium hypochlorite feed system as well as the conversion of the dechlorination system from gas to liquid feed.A storage building is included. 2.Construction Administration CA Services 12 months 1.CA Services Work Items i.Contract Documents (Conformed drawings,details,contracts, speci?cations,and requirements,etc. ii.Request for Additional Information (RFI) iii.Limited Engineering site visits.Building permit applications and supporting documents, iv.Kick-off Meeting\Pre-construction meeting v.Documentation &compliance for loans or grants vi.Limited Engineer Site visits.No Onsite Inspector Services vii.Periodic progress meetings viii.Review periodic pay requests. ts Agenda Item #8.D. 13 Oct 2025 Page 85 of 153 J.COLLINS ENGINEERING ASSOCIATES,LLC ix. xi. xii. xiii. xiv. Shop Drawing reviews &Submittal Log Change Orders &Change Order Log Substantial &Final inspections Operation and maintenance manuals, As-built assistance Permit Close-out documents. Agenda Item #8.D. 13 Oct 2025 Page 86 of 153 Hem C-Construc?on Services Pre Construction Meeting Work CITYOF ATLANTICBEACH -WWTP CHLORINE SYSTEMIMPROVEMENTS WORK ITEMC -CONSTRUCTIONADMINISTRATION SERVICES COST PROPOSAL Total Task 3 Construction Services Fee $33,834.50 a.Preparation b.Attend meeting 0.Meeting minutes prep. Shop drawing reviews Monthly Progress meetings (11) :1.Preparation b.Attend meeting c.Meeting minutes prep. Miscellanous Site Visits During Construction Contractor Pay estimate review/approval (11) Substantial &Final Inspection FDEP Certi?cation Record Documents Preparation Operation &Maintenance Manuals (based on Vendor Submittals) Man-Hr Subtotal Rate Subtotal Prin 4.0 2.0 2.0 2.0 6.0 2.0 2.0 1 .0 1.0 28.0 $63.00 $1,764.00 PM PE 1.0 2.0 0.0 16.0 6.0 22.0 11.0 10.0 1.0 4.0 4.0 6.0 4.0 87.0 $62.00 $5,394.00 Elec Eng Struc Eng Man-Hours 1.0 2.0 1.0 14.0 4.0 4.0 14.0 3.0 4.0 1.0 8.0 4.0 1.0 4.0 2.0 0.0 0.0 3.0 3.0 4.0 60.0 17.0 $63.00 $52.00 $3,780.00 $884.00 Total salary Overhead Pro?t Direct Costs Travel Misc Tech 7.0 $48.00 $336.00 150% 10% Clerical Total 0.0 3.0 6.0 3.0 35.0 0.0 14.0 41 .0 13.0 24.0 8.0 13.0 7.0 16.0 9.0 0.0 197.0 $22.00 $0.00 $12,158.00 $12,158.00 $18,237.00 $3,039.50 $300.00 $100.00 Agenda Item #8.D. 13 Oct 2025 Page 87 of 153 Page 88 of 153 Agenda Item #8.E. 13 Oct 2025 Page 89 of 153 Agenda Item #8.E. 13 Oct 2025 Page 90 of 153 Agenda Item #8.E. 13 Oct 2025 Page 91 of 153 Page 92 of 153 IIII,,, .I 'II _I - I 7 \ I I .II ._ ._I I l . _..I . “I t. _..I... I A “ I I,I I- I.__\v.-.I I: I H‘l V _.I II III.- I AGENDA ITEM:Ordinance No.90—25-257(Amending the Land Development Code to Section 24-89 to reduce the residential storrnwater storage regulations.) SUBMITTED BY:Amanda L.Askew,AICP Neighborhoods Department Director CITY OF ATLANTIC BEACH CITY COMNIISSION STAFF REPORT TODAY’S DATE October 8,2025 MEETING DATE:October 13,2025 BACKGROUND: Following the 2024 Land Development Regulations update,ongoing discussions by City Commission,the Community Development Board (CDB),and the community have focused on Section 24—89,Stormwater,Drainage,Storage and Treatment Requirements.The city is planning to update the stormwater master plan in the 2025-2026 fiscal which will help guide long-term revision,however,City Commission has directed staff to initiate a text amendment to provide near-term relief. Currently,Section 24-89(0)requires property owners to provide onsite storage of stormwater depending on the increase of impervious area associated with a building permit: Section 24-89(c)(1):“Projects which increase the impervious sulfaceon the development parcel by more than four hundred (400)square feet shall provide onsite storage of stormwater for the increase in the impervious surfacearea only.The four hundred (400) square feet of impervious surfacearea shall be calculated cumulatively from the adoption date of this ordinance.” In May 2025,the CDB reviewed the on—site stormwater requirements resulting in a recommendation to Commission to remove the on—site stormwater management for non- commercial properties in its entirety,irrespective of whether the development involves a new house or an expansion exceeding 400 square feet of impervious area.This recommendation was brought to Commission on June 9“,where they directed the City Manager to prepare an ordinance eliminating on-site stormwater requirements in Section 24-89. When the code revision was presented to Commission on June 23“,the City Manager expressed his recommendation to wait to make the changes until the Stormwater Master Plan update was complete.Through discussion and consensus,the Commissioners directed the City Manager to propose relief options,such as requiring onsite stormwater storage only for new impervious area that exceed 35%lot coverage. The following language was proposed at the July 14thCommission meeting: Agenda Item #9.A. 13 Oct 2025 Page 93 of 153 u.auuu E P P P P l :m ‘l :rem-mime! :,t'2 x in H.111"‘.’1‘' ‘LII-l :., a".‘ ?ae—adeptien—date—ef—this—efd-inaaee:Pro'ects includin total reconstruction or ma'or redevelo ment defined as a level 3 alteration in the Florida Buildin Code shall rovide onsite stora e for the entire im ervious surface area of the to osed ro'ect. (um; *Ier'irI :I'rzru'‘.*II,r,;,-‘;,Ir‘":2! IM‘L-?n’h‘.In»'wriiw [I ("‘I?.If My Iris-Hm; [IUD ‘:».’.’ilil"' MM?.1.{I 11?“!1122‘s?I In?ux:I.In.” Uliiuii‘wc' !':‘I-si NI vi mum 1‘ziIlgIg“I:r?'Im II;T“?!l'v’TI‘t‘Ir.‘II In:vt".Ia:"II a:,‘ilrllI Iv:-I ""39“ I,ah I I It‘.III-u‘rI‘w-ih‘.I I ‘2:''IH::i:‘ir II ma (hp.J:I .I‘I’;II"’: III‘~.II:""‘i I»:WWII:.I«"w:slk"I‘*II.’I'‘4 *III (|"“".‘Iglis'fn "I:I‘ww'm"VI VII .‘wv 4.“! V,»II yr 1““'I‘H”‘WWII ”Kc I;It~'In [H I I‘eul:‘va ‘9}.v1 in»IIIgII-I H "I‘III‘H:W Irxr‘i‘‘,r r""It!I III-“5’‘.I"t “I!w:(19",.III'l-IvI"._m 't'lnv’InH ’I '*I if. cw‘lat‘um IVIII‘IIII‘V‘I‘iII’Hi:“It I:9M In"MIwII "L'T’j?"1%mi”7‘[try ’fl “3'It's,"H;'il‘““"4:II "H I'm",‘II'N‘In!In "'Ili‘l II Ii WEIS»;"I.II I I!I ’I ‘l:”n":1:13.r:':II:VI"‘lw .I‘I‘W‘ Iwi "I m In?ux:{€I‘xli’il‘II?[’31 Ibui‘ru‘u:Kl‘i'!”irI~;='I'I~.‘J",-1| I:,H3 i'In .‘II'IIII'VJI I'.‘a'IIuIr! A .lzeqlgzimwmrwa pmtsm?nn frmn ?vmtlirrg, «gnmnxl Wdi’rh'. (itHil Mr ‘nJ'M :mmm:amazixinmim'dr.1“t|.zm I . umwmdagme?imn pnwivlml ,arrm (waiving murfmm Objutrizim’: Prateu‘tirm uf Nahum!Um’nrtgzzFeakwaa’; "‘mnia‘n :u'twmi-mz,i‘I 1:111"!j 1:1).w"‘*:"l?n it_3*"i|.11.‘?:;4 "Musmr P'n.w’?li‘] TREVIEJ'JIIizn'I‘t(a;I.J"Ii"ill‘i11-33;:QSithi‘l‘a'la 11.1ii:f1 "vim-er},”art’wi‘?1m vai"irrmgn (iaazll‘ti‘?n ,as ‘7';uni::1 «an;".illdriai?xngyf’z:1i:u.‘r<t\;311.6in 11m ":4.[Ht ?lm and In.nm-mt uh 'ig'g-sdrin‘mgn r7:til'tia s “mustn’t:Wit htr!Li‘ttr’,-I.;~.-r'r ar'$1M 11:!’Simm"B mi;:11?!‘-;i"1:'n'l.v.1t'2"Vast-y an Paliw11,4.LL TIL!SuzyEmu -'-1;1i'1c,1i't :nwn‘xiqn;Mn:1i1 th a ‘41,:{U walnt}"1ant 11.551at‘lnm,mm “9:11. 31“: rm ~27 *1,2v:-jny"1:|.'?:if:’mnlmizq smimwat‘r’"m n‘r‘1m ali'nimij?.erminn 1:1“,1-zu‘1i: “at.1r :1!a “221’1-1 at f‘mizwn T10.in}sin!?aunt“:Mm 1+;2 :1 mm ngL.‘mow-1 tut "91minJam;Levi-rm Ht 511133;;'20 :41.bn’ni:ulna;whim":4.1"?!“L)f!“§i}¥1i‘."?if tnu‘mgmqvxif vi]tr),:1 ,:')‘n:':li.ia'1«:'e With its,£17";’05 55211131.]51‘;.m “A“:miiif'cmd '7:hm *rsi‘l ‘t‘u'mcxAir-f m g "Mi‘.drama?!Imig?a“{tar’n'rrJ-H" ?rinwainr gym-vat“.1 31.11‘ha «22m:21 7:1"an :34;a it"mm:W jg :‘zE"!s. ui‘areas in Section 24-89(c)(l):“Projects which increase the impervious surface on the development parcel shall provide onsite storage of stormwater for the increase in the impervious surface area only. 9, Commission directed the City Manager to bring the proposed language to them through Ordinance format.Section 24-62 requires the Community Development Board to review proposed amendments to the zoning code and provide a recommendation to Commission. At the second reading of the ordinance on September 22,the Commission voted (3—2)to eliminate all requirements related to residential stormwater management.These revisions are detailed in Exhibit A. It is important to note that the changes adopted at second reading are not aligned with the 2030 Comprehensive Plan,specifically Infrastructure Element Goal C.2,Objective C.2.1,and Policies C211 and C212. Should the Commission wish to proceed with the removal of residential stormwater storage requirements,staff recommends initiating amendments to the Comprehensive Plan to ensure consistency. Goal (2.2 Adequate s ormwazer management and provisions ior drainage shall be prov dad to affor 'r sonable retention fror“fi 01111;;and to oreve :degradation in the qua ity of recei 'r'g s riace water :1 round water. Objective 6.2.1 Protecii n of aiurai Drainage Features 1:2':ar:e "i..‘."t E 511'".~3212'“$55.?P =....:"72E ".2 5‘:'new.3 3.1:":‘:‘e ‘Ege 3's::9:5:es .::':';:‘ Z-’E:E'{E-:3'1. '"sate".' 'eSi:_"r'.'.-efe'3‘5 1'.."‘.r‘:-e‘:Ce.e 52"":5”Reg.site"s..."2‘"2:;'eTriage-:c-ne ':z:r a "He 51:"Mt?2:2“5 c e Pa'e ':32.":'a‘ees e:2:"::2 |c '(2.2.1.2 ANALYSIS &REVIEW on site and wiil mi' a nd 'TFtré?'warml!? \I'he Lily th? «2... Agenda Item #9.A. 13 Oct 2025 Page 94 of 153 .. .. H .u I I ‘l n . .. H u . u u v | .-: .l I Per Section 24-62(f)of the Land Development Code,the Community Development Board shall evaluate applications for a zoning code amendment based on the following factors: (1)Consistency with the comprehensive plan; (2)Consistency with the intent of the land development regulations; (3)Consistency with other professional planning principles,standards,information and more detailed plans and studies considered relevant; (4)Whether the proposed amendment and development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development; (5)Whether the proposed amendment will constitute "spot zoning,"that is an isolated zoning district unrelated to adjacent and nearby districts; (6)Whether the uses permitted under the proposed rezoning will be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area;or will deviate from an established or developing logical and orderly development pattern; (7)Whether the uses permitted under the proposed rezoning will deviate from an established or developing development pattern that is logical and orderly; (8)Whether the proposed rezoning and development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted;and (9)Whether the proposed rezoning and development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traffic,noise,lights,vibration,fumes,odors,dust,physical activities or other detrimental effects or nuisances. Relevant and applicable language from the City’s Comprehensive Plan is listed below. Policy A.1.2.5 New development shall be subject to the stormwater regulations as set forth within the Land Development Regulations,and post development conditions shall not discharge any increased level of stormwater run-off into the City’s stormwater system. Policy C.2.1.1 The City shall maintain provisions within the Land Development Regulations, which require development to minimize stormwater runoff and eliminate erosion of areas adjacent to natural drainage features. Policy C.2.1.2 The City shall maintain Land Development Regulations that require land development projects to submit plans,which demonstrate that drainage design and stormwater management will be in compliance with the City’s LOS standards and that additional Agenda Item #9.A. 13 Oct 2025 Page 95 of 153 ATTACHNIENTS:Ordinance No.90—25— 257ExhibitA stormwater generated shall be retained on—siteand will not adversely impact existing drainage and stormwater systems. The Community Development Board reviewed the proposed text change at its August 26th meeting.After discussion and deliberation,a motion to recommend to the City Commission to remove Section 24-89(c)(1)in its entirety was made and passed through a 5-2 vote. REQUIRED ACTION The City Commission shall review the Community Development Board’s recommendation and hold two public hearings to consider Ordinance 90-25—257.The first public hearing was held on September 22ndand the second public hearing is being held on October 13th. Following these public hearings,the city commission,by ordinance,may amend the Land Development Regulations Text,or it may deny the request. A Business Impact Estimate is n_otrequired because the following exemption applies: The proposed ordinance is enacted to implement a development orders and development permits,as those terms are defined in Section 163.3164,Florida Statutes,and development agreements,as authorized by the Florida Local Government Development Agreement Act under Sections 163.3220- 163.3243,Florida Statutes. BUDGET:None RECOMMENDATION:Consideration of Ordinance No.90-25-257 REVIEWED BY CITY MANAGER: Agenda Item #9.A. 13 Oct 2025 Page 96 of 153 w: v. ORDINANCE NO.90-25-257 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS;SPECIFICALLY AMENDING SECTION 24—89, STORMWATER,DRAINAGE,STORAGE AND TREATMENT REQUIREMENT TO REDUCE THE REQUIREMENTS RELATED TO RESIDENTIAL STORMWATERS STORAGE,PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach recognizes that said Chapter 24,Land Development Regulations,requires comprehensive revisions periodically to meet the community’s needs to update content,standards,and administrative guidance;and WHEREAS,Commission desires to reduce the requirement related to the residential stormwater requirements;and WHEREAS,Section 163.3174(1),Florida Statutes,requires that the governing body of each local government in Florida shall designate and by ordinance establish a “local planning agency;”and WHEREAS,the City of Atlantic Beach Community Development Board has been duly designated as the Local Planning Agency of the City;and WHEREAS,Section 163.3174(4)(c),Florida Statutes,provides that the land planning agency shall review all proposed text amendments to land development regulations and make recommendations to the governing body as to the consistency of the proposed revisions with the adopted comprehensive plan;and WHEREAS,the Community Development Board acting in its capacity as Local Planning Agency,held a duly advertised public hearing on August 26‘“,to receive public comments on the proposed amendment to Chapter 24,Land Development Regulations and,voted to recommend the complete removal of Section 24—89(c)(l)from Chapter 24 of the Land Development Regulations;and WHEREAS,after due notice and publication,the City Commission held two (2)public hearings to receive public comments and receive the recommendation of the Community Development Board;and WHEREAS,the City Commission has found and determined that the proposed update and revisions to Chapter 24,Land Development Regulations will reduce the burden for residential development NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: Page 1 of 3OrdinanceNo.90-25-257 Agenda Item #9.A. 13 Oct 2025 Page 97 of 153 SECTION 1.Re lation Amended.Section 24-89 of Chapter 24,Land Development Regulations of the Code of Ordinances of the City of Atlantic Beach,Florida,is hereby revised, as more fully set forth and described in Exhibit A,attached hereto and made part hereof,and hereby adopted to read as shows in said Exhibit A. SECTION 2.Pu ose and Intent.This Ordinance is enacted to carry out the purpose and intent of,and exercise the authority set out in,the Community Planning Act,as codi?ed in the applicable portions of Chapter 163,Part 11,Florida Statutes. SECTION 3.Findin s.The City Commission hereby ?nds and determines that: (a)The ?ndings set forth in the recitals to this Ordinance are true and correct. (b)The Community Development Board,acting in its capacity as the Local Planning Agency for the City held a public hearing on August 26th,to consider the proposed amendment to Chapter 24,Land Development Regulations of the City’s Code of Ordinances,and recommended the complete removal of the residential stormwater requirements. SECTION 4.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 are repealed t0 the extent inconsistent herewith. SECTION 5.Codi?cation and Scrivener’s Errors.The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporate the Land Development Regulations Update as Chapter 24 into the City’s Code of Ordinances. Sections of the Land Development Regulations Update may be renumbered or re—letteredand scrivener’s errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapter 24 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by ?ling a corrected or re-codi?ed copy of same with the City Clerk. SECTION 6.Applicability.The provisions of the Land Development Regulations amendment shall apply to all applications,decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof or ?led or initiated thereafter,provided that certain development,land use or construction,if quali?ed,may have vested rights to continue or be completed under the terms of the repealed ordinances or provisions therein. SECTION 7.Severabilit .If any section,sentence,clause,or other provision of this Ordinance,or any provision of the Land Development Regulations amendment shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections,sentences, clauses,or provisions of this Ordinance,or of the Land Development Regulations Update. Page 2 of 3OrdinanceNo.90-25-257 Agenda Item #9.A. 13 Oct 2025 Page 98 of 153 SECTION 8.Effective Date.This Ordinance shall take effect upon ?nal review and approval. PASSED by the City Commission on ?rst reading on September 22,2025. PASSEDby the City Commission on second and ?nal reading this day of , 2025. CITY OF ATLANTIC BEACH Approved as to form and correctness: Donna L.Battle,City Clerk Page 3 of 3OrdinanceNo.90— Jason Gabriel,City Attorney Curtis Ford,Mayor Attest: Agenda Item #9.A. 13 Oct 2025 Page 99 of 153 Exhibit A Sec.24-89.Stormwater,drainage,storage and treatment requirements. (a) 0)) 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 ?ood zone or stormwater regulations as set forth herein,the elevation or topography of a development or redevelopment site shall not be altered. 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 storrnwater,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 ?ooding. Agenda Item #9.A. 13 Oct 2025 Page 100 of 153 ()Floodplain storage.There shall be no net loss of storage for areas in a special ?ood hazard area (IOO-year ?oodplain),where a base ?ood elevation has been defined by the Federal Emergency Management Agency (FEMA)on ?ood 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. ()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(1/2)inch of runoff pursuant to Chapter 62-3 30,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. (.)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. ()Enforcement.Subsequent to approval of a property owner's final grading,including onsite and/or ?oodplain 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 Exhibit A Agenda Item #9.A. 13 Oct 2025 Page 101 of 153 s ExhibitA 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. ()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) Agenda Item #9.A. 13 Oct 2025 Page 102 of 153 ()IT be: AGENDA ITEM:Ordinance No.90-25-258 (Amending the Land Development Code to Section 24-161 to add regulations addressing shared parking on single parcels.) SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director CITY OF ATLANTIC BEACH CITY COMNIISSION STAFF REPORT TODAY’S DATE October 8,2025 NIEETING DATE:October 13,2025 BACKGROUND: In May 2025,the CDB reviewed the on—siteparking requirements resulting in a recommendation to Commission to introduce provisions in Chapter 24 that allow for shared parking arrangements within the same parcel or development,provided that the businesses involved operate during different hours.For example,a bar could share parking spaces with an office if their operating hours do not overlap. This recommendation was brought to Commission on June 9th,where they directed the City Manager to prepare an ordinance incorporating the recommendation into Section 24—161. The following language was proposed at the June 23rdCommission meeting: Section 24-161(g)(3) 3 0 site and Onsite Shared arkin .Re uired arkin 3 aces ma be ermitted to be utilized for meetin the arkin re uirements of two or more se arate ermitted uses on the same arcel or develo mentor offsite when it is clearl established b the a licant that the two or more uses will utilize the s aces at different times of the da week month or ear.A recordable covenant with the correct le a1 descri tion shall be submitted b the owners of the ‘r0 ert and the two or more businesses or tenants involved in a form accei table to the office of the Cit Attome .The covenant shall be recorded in the clerk of courts at the A licant ’3 ex ense and shall run with the land.The covenant shall rovide that the use or ortion of a use that re uires the shared arkin in order to obtain the necess ermits or licenses shall cease and terminate u on an Chan 6 in their res ective schedules of o eration that results in con?ictin or overla in usa e of the arkin facilities and no nonresidential use ma be made of that ortion of the to ert until the re uired arkin facilities are available and rovided.The covenant shall also rovide that the Cit ma collect attorne s’fees if liti ation is necess to enforce the re uirements of this Section. Commission directed the City Manager to bring the proposed language to them through Ordinance format.Section 24-62 requires the Community Development Board to review proposed amendments to the zoning code and provide a recommendation to Commission. The Community Development Board reviewed the proposed text change at its August 26 meeting.A motion to recommend approval to Commission passed with a 6-1 vote.City During Agenda Item #9.B. 13 Oct 2025 Page 103 of 153 [I I II I -I I III II |N I I II -I II ..t .I .t:= ...I‘I : I I __ I I _..’I ,A .-1|'r‘I I II I: |-I --I I II '““'" I I - I I >II . I .I I =.I.I II-.I t 'l -I .I _I II H U I ='--'1' I II II I |'l I II I‘''I I II .I I I I "'I-'I ' - ' I I I .III III.II |I I z =I ... II I I II I '= u _ I I I.I -II II - II - I ‘ I I ;I ' I _.I I I .I II ;I .I I -I ,.'II I _I 'H = II I I II ' 'I I ' I _I I II I.I .II I I I .v. I I II I I I I I -,.-I II ;I I '' II I III I 'Al 'II .I I III II ''2 I I the first read of the proposed ordinance on September 22“,Commission deliberated the proposed language and Community Development Board’s recommendation.A motion to approve the proposed Ordinance passed by a vote of 5-0. ANALYSIS &REVIEW Per Section 24-62(f)of the Land Development Code,the Community Development Board shall evaluate applications for a zoning code amendment based on the following factors: (1)Consistency with the comprehensive plan; (2)Consistency with the intent of the land development regulations; (3)Consistency with other professional planning principles,standards,information and more detailed plans and studies considered relevant; (4)Whether the proposed amendment and development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development; (5)Whether the proposed amendment will constitute "spot zoning,"that is an isolated zoning district unrelated to adjacent and nearby districts; (6)Whether the uses permitted under the proposed rezoning will be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area;or will deviate from an established or developing logical and orderly development pattern; (7)Whether the uses permitted under the proposed rezoning will deviate from an established or developing development pattern that is logical and orderly; (8)Whether the proposed rezoning and development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted;and (9)Whether the proposed rezoning and development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traffic,noise,lights,vibration,fumes,odors,dust,physical activities or other detrimental effects or nuisances. Relevant and applicable language from the City’s Comprehensive Plan is listed below. Policy A.1.5.1 The City shall review all applications for development permits to determine compliance with the Land Development Regulations,particularly with regard to provision of open space,required parking,on-site traffic ?ow,appropriate signage,impervious surface area limits,landscaping and tree protection so as to avoid traffic congestion,hazardous public safety conditions and inefficient land use,which may also result in harmful environmental or aesthetic effects. Agenda Item #9.B. 13 Oct 2025 Page 104 of 153 Policy A.1.5.2 The City shall consider,in conjunction with the issuance of all development permits within its boundaries,the impacts of development upon adjacent jurisdictions,regional service entities,regional planning policies,and hurricane evacuation plans.Further,the City shall cooperate with such entities to ensure equitable,timely,and coordinated urban development activities. Policy A.1.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas,traffic facilities and the aesthetic character of the City. Policy B.2.2.5 The City shall continue to enforce land use and subdivision regulations to provide for the safe and convenient on-site traffic ?ow,considering motorized and non- motorized traffic movements and parking requirements. REQUIREDACTION The City Commission shall review the Community Development Board’s recommendation and hold two public hearings to consider Ordinance 90-25—258.The first public hearing was held on September 22ndand the second public hearing is being held on October 13th. Following these public hearings,the city commission,by ordinance,may amend the Land Development Regulations Text,or it may deny the request. A Business Impact Estimate is n_otrequired because the following exemption applies: The proposed ordinance is enacted to implement a development orders and development permits,as those terms are defined in Section 163.3164,Florida Statutes,and development agreements,as authorized by the Florida Local Government Development Agreement Act under Sections 163.3220— 163.3243,Florida Statutes. BUDGET:None RECOMMENDATION:Consideration of Ordinance No.90—25-258 Ordinance No.90-25-258 Exhibit A REVIEWED BY CITY MANAGER: ATTACHMENTS: Agenda Item #9.B. 13 Oct 2025 Page 105 of 153 ‘I II I '2 . .,I I.,I.I I =' .......II .I. I -.'II “ I ' I '-I “'r I I I I I I II 'I:III A II I ' I I II " I I I 'I I, :III . ...I ...I.-.r II ,_ -I II I II II I I z' ....... IV I I 'I|-"‘-I I -..I ..II .'-‘|,I 'J, --1-I u I I u = II I I ‘ I I I I _ II -. .-II .= I II I I 'II I I II H II A I‘|I II I I I .II II ORDINANCE NO.90-25-258 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,INCLUDING ALL AMENDMENTS THERETO;THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-161,OFF-STREET PARKING AND LOADING,PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on October 14,2024 the City Commission of the City of Atlantic Beach enacted Ordinance No.90-24-253 amending and restating the City of Atlantic Beach Land Development Regulations,Chapter 24 of the City’s Code of Ordinances,and WHEREAS,the City of Atlantic Beach recognizes that said Chapter 24,Land Development Regulations,requires comprehensive revisions periodically to meet the community’5 needs to update content,standards,and administrative guidance;and WHEREAS,the City of Atlantic Beach desires to have Land Development Regulations that are clear,concise,and streamlined;and WHEREAS,Section 163.3174(1),Florida Statutes,requires that the governing body of each local government in Florida shall designate and by ordinance establish a “local planning agency;”and WHEREAS,the City of Atlantic Beach Community Development Board has been duly designated as the Local Flaming Agency of the City;and WHEREAS,Section l63.3l74(4)(c),Florida Statutes,provides that the land planning agency shall review all proposed text amendments to land development regulations and make recommendations to the governing body as to the consistency of the proposed revisions with the adopted comprehensive plan;and WHEREAS,the Community Development Board acting in its capacity as Local Planning Agency,held a duly advertised public hearing on August 26th,to receive public comments on the proposed amendment to Chapter 24,Land Development Regulations and,?nding the proposed amendment to said Chapter 24 consistent with the City’s adopted 2045 Comprehensive Plan,voted to recommend adoption of said update and revisions to Chapter 24,Land Development Regulations;and WHEREAS,after due notice and publication,the City Commission held two (2)public hearings to receive public comments and receive the recommendation of the Community Development Board;and WHEREAS,the City Commission has found and determined that the proposed update and revisions to Chapter 24,Land Development Regulations will foster and preserve the public health, Ordinance No.90-25-258 Page 1 of 3 Agenda Item #9.B. 13 Oct 2025 Page 106 of 153 safety and welfare and aid in the harmonious,orderly and progress development of the City of Atlantic Beach and thus will serve a valid public purpose. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Re ulation Amended.Section 24-161 of Chapter 24,Land Development Regulations of the Code of Ordinances of the City of Atlantic Beach,Florida,is hereby revised, as more fully set forth and described in Exhibit A,attached hereto and made part hereof,and hereby adopted to read as shows in said Exhibit A SECTION 2.Pu 056 and Intent.This Ordinance is enacted to carry out the purpose and intent of,and exercise the authority set out in,the Community Planning Act,as codi?ed in the applicable portions of Chapter 163,Part 11,Florida Statutes. SECTION 3.Findin s.The City Commission hereby ?nds and determines that: (a)The ?ndings set forth in the recitals to this Ordinance are true and correct. (b)The Community Development Board,acting in its capacity as the Local Planning Agency for the City held a public hearing on August 26th,to consider the proposed amendment to Chapter 24,Land Development Regulations of the City’s Code of Ordinances,and found them to be consistent with the Comprehensive Plan,and recommended that the City Commission adopt said amendment to Chapter 24,Land Development Regulations. (0)The amendment to Chapter 24,Land Development Regulations,of the City’s Code of Ordinances,is consistent with the City’s adopted 2045 Comprehensive Plan. SECTION 4.Con?ict.A11ordinances,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 are repealed to the extent inconsistent herewith. SECTION 5.Codi?cation and Scrivener’s Errors.The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporat etheLandDevelopmentRegulationsUpdateasChapter24intotheCity’s Code of Ordinances. Sections of the Land Development Regulations Update may be renumbered or re-lettered and scrivener’s errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapter 24 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by ?ling a corrected or re-codi?ed copy of same with the City Clerk. SECTION 6.Applicability.The provisions of the Land Development Regulations amendment shall apply to all applications,decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof or ?led or initiated thereafter,provided that certain development,land use or construction,if quali?ed,may have vested rights to continue or be completed under the terms of the repealed ordinances or provisions therein. Ordinance No.90—25-258 Page 2 of 3 Agenda Item #9.B. 13 Oct 2025 Page 107 of 153 SECTION 7.Severabilit .If any section,sentence,clause,or other provision of this Ordinance,or any provision of the Land Development Regulations amendment shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections,sentences, clauses,or provisions of this Ordinance,or of the Land Development Regulations Update. SECTION 8.Effective Date.This Ordinance shall take effect upon ?nal review and approval. PASSED by the City Commission on ?rst read 22ndday of September,2025 PASSED by the City Commission on second and ?nal reading this 13thday of October,2025. CITY OF ATLANTIC BEACH Attest: Donna L.Battle,City Clerk Curtis Ford,Mayor Page 3 of 3OrdinanceNo.90-25-258 Approved as to form and correctness: Jason Gabriel,City Attorney Agenda Item #9.B. 13 Oct 2025 Page 108 of 153 EXHIBITA Sec.24-161.Off-street parking and loading. (a) 0?) Purpose and intent.Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the uses listed in this section.This section is intended to specify appropriate design and location for parking, support the creation of walkable communities,and lessen unnecessary con?icts between vehicles and pedestrians.Parking areas shall be arranged for convenient access and the safety of pedestrians and vehicles;shall provide barriers when located at the perimeter of a lot to prevent encroachment on to adjacent properties;and when lighted,lights shall be directed away from adjacent properties.Table 4 depicts the minimum parking required by use. General requirements and limitations for parking areas. (1)Adequate drainage shall be provided,and parking areas shall be maintained in a dustproof condition kept free of litter and debris. (2)All parking areas shall be paved unless an alternative surface is approved by the director of public works.Any such alternative surface shall be maintained as installed and shall be converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic impacts. (3)All parking areas are subject to the landscape requirements set forth is section 24-176. (4)Parking for residential uses shall be located within paved or stabilized driveways, private garages or carports or such areas intended for the day-to-day parking of vehicles.Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot. (5)There shall be no sales,service or business activity of any kind within any parking area. (6)Parking,stacking,and loading space areas shall not be used for any other purpose, including,but not limited to the storage of equipment,materials,boats,or recreational vehicles. (7)Applications to vary from the requirements of this section shall follow the procedures set forth in subsections 24-65(a)and (b).The community development board may approve such application only upon finding that the intent of this section as set forth in preceding subsection (a)is met. (8)Parking areas and driveways shall not obstruct storrnwater facilities,drainage swales or clear vehicular sight distances. (9)Excess parking is discouraged,and in no case shall the number of extra surface parking spaces exceed ten (10)spaces or ten (10)percent,whichever is greater. (10)Required parking shall be maintained for the duration of the use it serves. Plans required.A composite site plan depicting the arrangement and dimensions of required parking and loading spaces,access aisles and driveways in relationship to the buildings or uses to be served shall be included on all plans submitted for review.Parking calculations Agenda Item #9.B. 13 Oct 2025 Page 109 of 153 l'\’ onsite (d) (e) (f) (g) EXHIBITA demonstrating provision of required parking shall be provided with all building permit applicationssubmitted for review. Measurement.Where floor area determines the amount of off-street parking and loading required,the floor area of a building shall be the sum of the horizontal area of every ?oor of the building.In places of public assembly in which occupants utilize benches,pews or similar seating,each twenty-four (24)lineal inches of such seating,or seven (7)square feet of ?oor area where no seating is provided,shall be considered one (1)seat.When computations result in requirement of a fractional space,a fraction equal to or more than one-half (1/2)shall require a full space. Uses not specifically mentioned.Requirements for off—streetparking and loading for uses not specifically mentioned in this section shall be the same as required for the use most similar to the one (1)sought,it being the intent of this section to require all uses to provide adequate off-street parking and loading. Location ofrequired o?—streetparking spaces. (1)Parking spaces for residential uses shall be located on the same property with principal building(s)to be served. (2)Parking spaces for uses other than residential uses shall be provided or not more than four hundred (400)feet away,provided that such required off— street parking shall in no case be separated from the use it serves by arterial streets or major collector streets,or other similar barriers to safe access between parking and the use,and shall require a shared parking agreement in accordance with this section. (3)Off-street parking for all uses other than single and two-family residential shall be designed and constructed such that vehicles will not back into public rights—of-way, unless approved as onstreet parking.Parking spaces shall not extend across any public or private sidewalk or other pedestrian thoroughfare. (4)Off-street parking spaces for any use shall not be located where,in the determination of the director of public safety,an obstruction to safe and clear vehicular sight distance would be created when vehicles are parked in such spaces. (5)Parking lots shall be accessed from a side street or alley unless no such access is available. Parking reductions.Allowable parking reductions in parking space requirements.This section provides procedures and criteria for the reduction of the off—streetparking requirements of this chapter,except for residential and lodging uses. (1)Tree protection.Required vehicle parking may be reduced by a maximum of ten (10) percent when necessary to preserve legacy trees,as defined in chapter 23.Required vehicle parking may be reduced by a maximum of five (5)percent when necessary to preserve regulated trees,as defined in chapter 23.These reductions cannot be combined. necessa Agenda Item #9.B. 13 Oct 2025 Page 110 of 153 (J 12 .L’v 11 p 2 a 17 on v v y v up n p 2 YD n 2 J DD 2 v n v u p y 3 0 site and Onsite Shared arkin .Re tuired arkin 8 aces ma be emitted to be utilized for meetin the arkin re uirements of two or more se arate ermitted uses on the same arcel or develo ment or offsite when it is clearl established b the a licant that the two or more uses will utilize the s aces at different times of the da week month or ear.A recordable covenant with the correct le al descri tion shall be submitted b the owners of the ro ert and the two or more businesses or tenants involved in a form acce table to the office of the Cit Attorne . The covenant shall be recorded in the clerk of courts at the A licant ’s ex ense and shall run with the land.The covenant shall rovide that the use or ortion of a use that re uires the shared arkin in order to obtain the necessar ermits or licenses shall cease and terminate u on an chan e in their res ective schedules of o eration that results in con?ictin or overla ‘in usa e of the arkin facilities and no nonresidential use ma ,,be made of that ,ortion of the bro sert until the re .iuired arkin facilities are available and rovided.The covenant shall also rovide that the Cit ma collect attorne s’fees if liti ation is necessar to enforce the re uirements of this Section. ()Motorcycle parking.For every two (2)motorcycle parking spaces provided,the required vehicle parking may be reduced by one (1)space,up to five (5)percent of required parking.Each motorcycle parking space must have dimensions of at least four and one—half(41/2)feet by eight (8)feet per space. ()Bicycle parking.For each additional four (4)bicycle parking spaces provided,the provision of vehicular parking spaces required by this Code may be reduced by one (1) space,up to a maximum of twenty (20)percent of the total number of vehicular parking spaces required. ()Transportation network company.Developments within the central business district (CBD)and traditional marketplace (TM)district which provide preferred parking spaces or drop—offzones (e.g.,covered,shaded,or near building entrance)for TNCs may reduce their parking requirement by two (2)vehicle spaces for every one (1)space which is marked and reserved for TNCs at a preferred location,up to a maximum of ten (10)percent of the total number of vehicular parking spaces required or four (4) vehicle parking spaces,whichever is less.Drop-off zones shall be located so as to minimize impediments to traffic ?ow. ()On-street parking.Developments shall receive credit for on-street parking.This reduction shall be limited to the number of parking spaces provided along the street frontage directly adjacent to the site. (h)Design requirements. (1)Parking space dimensions shall meet the following standards. (a)Each off—streetparking space shall be a minimum of nine (9)feet by eighteen (18) feet,except that smaller dimensions may be provided for single family residential EXHIBITA Agenda Item #9.B. 13 Oct 2025 Page 111 of 153 anIn SP EXHIBITA lots,provided that adequate onsite parking is provided to accommodate two (2) vehicles. (b)No more than thirty (30)percent of the required parking spaces may be reduced to eight (8)feet by sixteen (16)feet and specifically designated for compact-size automobiles. (c)Parallel parking spaces shall be a minimum of eight (8)feet by twenty (20)feet. (2)Accessible parking spaces shall comply with the accessibility guidelines for buildings and facilities (ADAAG),and shall have a minimum width of twelve (12)feet. (3)Within parking lots,the minimum width for a one-way drive aisle shall be twelve (12) feet,and the minimum width for a two—way drive aisle shall be twenty-two (22)feet. The aisle Width may be reduced to ten (10)feet for one—way traffic and eighteen (18) feet for two—way traffic where no parking occurs or where necessary to provide sufficient landscape area around a preserved tree. (4)Parking lots containing more than five (5)rows of parking in any configuration shall provide a row identification system to assist patrons with the location of vehicles.and internal circulation shall be designed to minimize potential for conflicts between vehicles and pedestrians. (5)Tandem parking configurations are only permitted on residential properties,unless approved as part of a valet parking plan or for a change of use within an existing building. (6)Curbs,wheel stops,or parking stops shall be provided next to sidewalks. (i)Parking space requirements.Where existing uses,which do not provide the required number of off-street parking spaces as set forth within this paragraph are replaced with similar uses (such as a restaurant replacing a restaurant),with no expansion in size or increase in number of seats,additional parking shall not be required.Any increase in ?oor area or expansion in building size,including the addition of seats shall require provision of additional parking for such increase or expansion. CITY OF ATLANTIC BEACH\OFF—STREET PARKING REQUIREMENTS USE MINIMUM PARKING RE UIRED RESIDENTIAL USES Multi—familyresidential uses within commercial zonin districts Studio/one-bedroom One (1)s ace er unit Two—bedroom One and one—half(1%)s ace er unit Three-bedroom or more Two (2)s aces er unit Roomin and boardin houses One (1)s ace for each uest bedroom All other residential uses Two (2)3 aces er dwellin unit COMMERCIAL/OFFICE USES Auditoriums,theaters or other places of One (1)space for every four (4)seats or assembl seatin laces Agenda Item #9.B. 13 Oct 2025 Page 112 of 153 p ‘1 S q :1 P P Y P 2P P q g Q g q P P 9P t7: EXHIBITA Bowlin alle 3 Hotels and motels Medical office or dental clinic Marinas Restaurants,bars,nightclubs Financial institutions Truck/trailer rental Minor automotive service,major automotive re air Retail,office,or service uses not otherwise s ecified INDUSTRIAL USES Light assembly and fabrication, manufacturing —heavy,printing,engravings and related re roductive services Mini—warehouse Outside storage Warehouse/storage (inside) Four (4)s aces for each alle One (1)space for each sleeping unit plus spaces required for accessory uses such as restaurants,lounges,etc.,plus one (1) employee space per each twenty (20)sleeping units or ortion thereof One (1)space for each two hundred (200) s uare feet of ross ?oor area One (1)space per boat slip plus spaces required for parking accessory uses such as office One (1)space for each four (4)seats.Any outdoor seating where service occurs shall be included One (1)space for each three hundred (300) s uare feet One (1)space for each two hundred (200) s uare feet,five (5)s aces minimum Two (2)spaces for each service bay (service ha is not a arkin 8 0t) One (1)space for each four hundred (400) s uare feet of ross ?oor area One (1)space for each five hundred (500) square feet Three (3)spaces,plus one (1)for each one hundred (100)units One (1)space for each two thousand (2,000) 5 uare feet of desi nated site area One (1)space for each one thousand (1,000) 5 uare feet INSTITUTIONAL AND COMMUNITY SERVICE USES Assisted living,senior care and similar housing for the elderly where residents do not routinely drive or maintain vehicles on the ro ert Churches,temples or places of worship Clubs or lodges Hospitals,clinics and similar institutional uses One (1)space for each four (4)occupant accommodations One (1)space for each four (4)seats or seatin laces One (1)space for each four (4)seats or seating places or one (1)space for each two hundred (200)square feet of gross floor area, whichever is reater One and one—half(11/2)spaces for each hos ital bed Agenda Item #9.B. 13 Oct 2025 Page 113 of 153 p Y m: () EXHIBITA Libraries and museums One (1)space for each five hundred (500) s uare feet of ross ?oor area Mortuaries,funeral homes One (1)space for each four (4)seats or seating spaces in chapel plus one (1)space for each three (3)em 10 ees Schools and educational uses 3.Elementary and middle high schools:Two (2)spaces for each classroom,office and kitchen b.Senior high schools:Six (6)spaces for each classroom plus one (1)space for each staff member Vocational,trade and business schools One (1)space for each three hundred (300) s uare feet of ross ?oor area Child care facilities One (1)space for each four hundred (400) square feet of gross floor area,plus one (1) paved off-street pedestrian loading and unloading space for an automobile on a through,"circular"drive for each ten (10) students cared for (excluding child care in a residence).An additional lane shall also be required to allow pass by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas. Spa,gym,health club and school for the fine One (1)space for each three (3)seats or one or performing arts or martial arts (1)space for each one hundred (100)square feet,whichever is reater Community center,government uses,One (1)space for each three hundred (300) buildin ,or facilit s uare feet Hospice One (1)space for each six (6)beds,and one (1)space for each employee on the largest shift Emergency ambulance service One (1)space for each three hundred (300) square feet and one (1)space for each seven hundred and fifty (750)square feet of site area *Please refer to section 24—161(g)for parking reductions **Please refer to section 24-161 e for uses not s ecificall mentioned. Table 4 O?-StreetParking Requirements (1')O?—streetloading Spaces.Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking,pedestrian activity and daily business operations is avoided.Where possible,loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right—of—way. Agenda Item #9.B. 13 Oct 2025 Page 114 of 153 EXHIBITA These off-street loading spaces shall be not less than ten (10)feet Wide,twenty-five (25) feet long,provide vertical clearance of fifteen (15)feet,and provide adequate area for maneuvering,ingress and egress.The length of one (1)or more of the loading spaces may be increased up to fifty—five(55)feet if full—lengthtractor—trailersmust be accommodated. (k)Additional requirements for multifamily residential uses.New multi-family residential (1) (m) development shall provide adequate area designated for parking of routine service vehicles such as used by repair,contractor and lawn service companies.For new multi—family development located east of Seminole Road,three (3)spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach-going visitors. Bicycle parking.All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas,except for single-and two-family residential uses,shall provide bicycle parking facilities on the same site,in accordance with the following: (1)Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence,curb or other such barrier so to protect parked bicycles from damage by cars. (2)Bicycle parking facilities shall provide the ability to lock or secure bicycles in a stable position without damage to wheels,frames or components. (3)Bicycle parking shall be located in areas of high visibility that are well—lighted. (4)Required bicycle parking shall be located no more than fifty (50)feet from the doors and entryways typically used by residents or customers for access to a building,not to include doors intended to be used solely as delivery doors or emergency exits. (5)Bicycle parking shall be provided at a rate of one (1)bicycle parking space for every ten (10)required vehicle parking spaces plus two (2)additional bicycle parking spaces. When computations result in requirement of a fractional space,a fraction equal to or more than one-half (1/2)shall require a full space. (6)All required bicycle parking for multi—familyresidential uses shall be located under or within a covered structure or structures. (7)Bicycle parking shall be located so as to not interfere with pedestrian movement and with adequate clearance to give cyclists room to maneuver.An unobstructed pedestrian aisle at least four (4)feet wide shall be provided. (8)Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2)feet wide. (9)Each bicycle rack shall be located at least three (3)feet from another bicycle rack or from a wall. Illumination values for parking areas.Illumination values at the property line of a new commercial or industrial development or redevelopment shall not be more than 0.2 fc at any point when a project is located next to any residential use or residentially zoned property. The illumination values at the property line of a project adjacent to any other use shall not be more than 1.0 fc.Compliance with these criteria shall not be required between two (2) Agenda Item #9.B. 13 Oct 2025 Page 115 of 153 EXHIBITA adjacent nonresidential properties of like zoning or use classification provided that the properties are under the same ownership or have common parking areas or driveways. At canopied areas,such as those found at drive—throughfacilities,gas stations,convenience centers,and car—washes,lighting under the canopy,awning,porte cochere,or similar structure shall be either recessed or cut—offfixtures. The city may require a lighting plan in order to determine compliance with this section. (II)Valet parking.Valet parking does not require individual striping and may take into account the tandem or mass storage of vehicles.Non-residential developments may utilize valet parking subject to the following: (1) (2) (3) (4) (5) (6) (7) Submission and approval of a site plan that includes the layout and dimensions of the parking spaces and drive aisles showing sufficient parking and maneuverability for a variety of passenger automobiles,motor vehicles,and light trucks. The dimensions of valet parking spaces may be reduced to seven and one—half(7 1/2) feet stall width by eighteen (18)feet stall length. Valet parking spaces shall be provided on-site,unless included in a shared parking agreement approved by the city. An on—sitedrop off area that does not block public right-of—wayfor vehicles using the valet parking service shall be provided. If the valet parking plan includes parking spaces that are required to meet the applicable minimum parking requirements,the valet parking service must be provided for those parking spaces during all operating hours of the use. The valet parking service shall not utilize public parking spaces. Changes to a parking lot or facility with valet parking that are changed to be self- parking shall require a revised site plan and shall meet the minimum parking requirements of this section. (Ord.No.90—24-253,§3(Exh.A),10-14-24) Agenda Item #9.B. 13 Oct 2025 Page 116 of 153 CITY OF ATLANTIC BEACH CITY COMNIISSION MEETING STAFF REPORT AGENDA ITEM:Ordinance No.95-25-127 amending Chapter 18—Solicitations,Section 18 —1De?nitions to modify existing definitions;Section 18-2,Permits,registration and fingerprinting required to require Duval County Clerk of Courts permit prior to submission;Section 18—8,Exceptions;Section 18—9,Penalties to clarify this process;providing for purpose and intent;providing for con?ict; providing for codi?cation;providing for severability;and providing an effective date. SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director TODAY’S DATE:October 1,2025 NIEETING DATE:October 13.2025 BACKGROUND:Staff recommends amending the City’s solicitation ordinance to streamline the permitting process and improve regulatory compliance.The current ordinance requires applicants to undergo a background check and be fingerprinted;however,the Police Department does not have the capability to perform fingerprinting,creating challenges in enforcing this requirement. The proposed amendment aligns the City’s process with Florida Statute 501.022,which mandates that all solicitors obtain a solicitation permit through their local Clerk of Court.This state-mandated process includes comprehensive requirements,such as background checks and fingerprinting. Additionally,to promote greater accountability for tree—relatedsolicitation,staff recommends requiring solicitors to obtain the City’s Verified Tree Service Certification.This ensures that tree service providers are knowledgeable of and compliant with the City's tree protection regulations outlined in Chapter 23 of the City Code. These proposed amendments have been reviewed by the Police Department and other relevant City departments to ensure consistency with existing regulations and feasibility of implementation. BUDGET:None RECOMMENDATION:Approve Ordinance No.95—25— 127 ATTACHNIENT(S):Ordinance No.95-25-127 Exhibit A Business Impact Statement BY CITY MANAGER: Agenda Item #9.C. 13 Oct 2025 Page 117 of 153 ORDINANCE NO.95-25-127 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING CHAPTER 18, SOLICITATIONS,SECTION 18-1 DEFINITIONS TO MODIFY EXISTING DEFINITIONS;SECTION 18-2,PERMITS,REGISTRATION AND F INGERPRINTING REQUIREDTO REQUIREDUVAL COUNTY CLERK OF COURTS PERlVIIT PRIOR TO SUBMISSION;SECTION 18-8, EXCEPTIONS;SECTION 18-9,PENALTIES TO CLARIFY THIS PROCESS;PROVIDING FOR PURPOSE AND INTENT;PROVIDING FOR CONFLICT;PROVIDING FOR CODIFICATION;PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Chapter 18 of the Code of Ordinances for the City of Atlantic Beach provides for the regulations for door-to-door solicitations in the city;and WHEREAS,the City seeks to clarify the regulations and require applicants to obtain and submit the approved Duval Clerk of Courts soliciting applications as required by Florida State Statutes 501.022;and WHEREAS,the City desires to require all tree-related solicitations to first obtain verification under the City of Atlantic Beach Tree Service Statute before applying for a permit; and NOW,THEREFORE,BE IT ENACTED BY THE CITY COMlVIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Re ulation Amended.Chapter 18 Solicitation,of the City of Atlantic Beach,Florida,Code of Ordinances is hereby revised,as more fully set forth and described in Exhibit A,attached hereto and made part hereof,and hereby adopted to read as shown in Exhibit A. SECTION 2.Pu oseand Intent.The purpose and intent of this Ordinance is to update the code to clarify and streamline the solicitation permitting process. SECTION 3.Con?ict.All ordinances,resolutions,official determinations or parts thereof previously adopted or entered by the City or any of its officials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 4.Severabilit .If a Court of competent jurisdiction at any time finds 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.Codification and Scrivener’s Errors.The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporate the changes to Chapter 18 (exhibit A)into the City’s Code of Ordinances.Sections of the Chapter Ordinance No.95-25-127 Page 1 of 2 Agenda Item #9.C. 13 Oct 2025 Page 118 of 153 Donna L.Bartle,City Clerk Curtis Ford,Mayor may be renumbered or re-lettered and scrivener’s errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapter 18 which do not affect the intent may be authorized by the City Manager and City Attorney Without the need of public hearing,by filing a corrected or re—codifiedcopy of same with the City Clerk SECTION 6.Effective Date.This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of ,2025. PASSED by the City Commission on second and final reading this day of ,2025. Approved as to form and correctness: Page 2 of 2OrdinanceNo.95-25-127 Jason R.Gabriel,Esq. City Attorney ATTEST: Agenda Item #9.C. 13 Oct 2025 Page 119 of 153 () DV rV door-to-door :er or material desi ned to ban or be af?xed to a door or cut going door—to—dooror operating on public property a;OI‘ material desi ned to ham or be affixed to a door or ent wa ()The name and address of the employer or organization represented ExhibitA Chapter 18 SOLICITATIONS Sec.18-1.De?nitions. [Tile following definitions,when used in this chapter,shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:] Charitable shall mean of or relating to any benevolent,civic,educational,fraternal,philanthropic,religious, humane,patriotic,voluntary health or other eleemosynary activity or cause. Donation shall mean the act of making a gift or contribution to a charitable activity or cause,including,but not limited to,contributions of clothing,food,money,pledges,property,subscriptions or anything else of value. Person shall mean any individual,?rm,partnership,corporation,company,association,society,organization, trust,group or league. Solicitation shall mean the request,either directly or indirectly,for any donation or contribution, including,but not limited to,any oral written request ;the offer or attempt to sell any article,service,publication,advertisement,subscription,membership or other thing;the announcement through the press or other media concerning an appeal,drive or campaign to which the public is requested to make a donation.A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any donation or makes a sale. Solicitor shall mean any individual .who requests,either directly or indirectly,any donation or contribution,including,but not limited to,any oral written request ,or any individual who attempts to sell any article, service,publication,advertisement,subscription,membership or other thing. (Ord.No.95-93-58,§1,6-28-93;Ord.No.95—94-61,§1,9—12-94) Sec.18-2.Permit;registration required. Each and every solicitor,before entering into or upon a residential premises within the city for the purpose of soliciting,shall register with the city manager or designee,obtain a permit,and furnish the city manager or designee with the following: (1) or on public property 32 and co of the business tax recei t service bein offered is tree service related co of verified tree service rovider certificate. 5 The Cit of Atlantic Beach ermit will ex ire at the same time as the Duval Count Clerk of Courts perm't. (.) (Ord.No.95-93-58,§1,6-28—93;Ord.No.95—94—61,§1,9-12-94;Ord.No.45-16-22,§1,5-23-16) Agenda Item #9.C. 13 Oct 2025 Page 120 of 153 x‘I II n I I n I I I I . | ‘I -I2 ‘I . "'I I I 'I H '._lil " _;I r .v .._ IH .,1|.'. I I I.I L W I -H I.' '5 m H Ll .I H-..-_,, =H _ II I I I I -I I .I ''I 'u I H 3 I :‘-IIHI h.:I —II n I I _-.I. I I"''.I I II I 'In H II I I _. I '".I I | U ml .I I I 'I I Sec.18-3.Fees. A fee of thirty-five dollars ($35.00)to cover the cost of investigation of the applicant and processing of the application shall be paid to the city manager or designee when the application is filed and shall not be returnable under any circumstances.In addition to the aforementioned fee,each solicitor shall be required to pay for a solicitor's permit as provided in section 20-59 of the City Code. (Ord.No.95-93-58,§1,6—28-93;Ord.No.95-94—61,§1,9—12—94;Ord.No.45-16-22,§1,5-23-16) Sec.18-4.Regulations and prohibitions. (a)While engaged in soliciting in or upon residential premises,each solicitor shall carry and prominently display the permit issued by the city manager or designee which shall contain the name,address and telephone number of the solicitor,as well as the name of the person or organization for whose benefit or on whose behalf the solicitor is acting. (b)No solicitor shall in any way unlawfully obstruct,delay or interfere with the free movements of any person against that person's will or seek to coerce or physically disturb any other person. (c)No solicitor shall in any way unlawfully obstruct,delay or interfere with vehicular traf?c within the city (d)No solicitor shall solicit door-to—doorat any residence between the hours of sunset and 9:00 am. (e)No solicitor shall solicit,except under the conditions permitted,if permit required,by section 18-2. (f)It shall be unlawful to solicit at,nor enter upon,any premises within the city where a "N0 Solicitation"sign is posted in accordance with the provisions of this subchapter,unless otherwise invited onto the premises for that purpose. (g)It is unlawful for any person in connection with the planning,conduct or execution of any solicitation to: (1)Make misrepresentations or misleading statements to the effect that any other person or organization sponsors or endorses such solicitation,approves of its purpose,or is connected therewith,when that person or organization has not given written consent to the use of its name. (2)Represent that the contribution is for or on behalf of an organization or sponsor or to use any emblem, device or printed matter belonging to or associated with an organization or sponsor,without first being authorized in writing to do so by the organization or sponsor. (3)Use a name,symbol,emblem,device,service mark or statement so closely related or similar to that used by another organization or sponsor that the use thereof would mislead the public. (4)Falsely state that the person is a member of or a representative of an organization or sponsor,or falsely state or represent that the person is a member of or represents a law enforcement or emergency service organization. (5)Misrepresent or mislead anyone by any manner,means,practice or device whatsoever to believe that the person or organization on whose behalf the solicitation or sale is being conducted is a charitable organization or sponsor,or that any of the proceeds of the solicitation or sale will be used for charitable or sponsor purposes,if that is not the fact. (6)Represent that a charitable organization or sponsor will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in any filings required under Chapter 496,Florida Statutes,or that a charitable organization or sponsor will receive an actual or estimated dollar amount or percentage per unit of goods or services purchased or used in the charitable or sponsor sales promotion that is greater than that agreed to by the commercial coventurer and the charitable organization or sponsor. (7)Use or exploit the fact of registration or the ?ling of any report with any governmental agency so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state. Agenda Item #9.C. 13 Oct 2025 Page 121 of 153 -I . :I LI I _I I .I II I .t I . I -I-.—-" I I I I I ..II I II I I II I -I .-II I I II I I II I.I -I I I I I II _.-A III .II I I I. I .II I :H .I .'-..' I II I ‘“|'-,-v f '' II I,..l.|.I.II I :....I,. I -I I l I II 'I |.I I II ‘|‘-.' I ‘II II I .I II ‘. I. I I ”I -I --II .. 1 -.... II _ ‘ I I 'I . ;I ---II I _A I -I u .V“ I-II II I II III.I1 .-I II A I II I-I II I I I I :_II _III_ II I I l'I I II . 'II I I-’fl ‘I I .1.”..z..-'.III II ... .I _-'; I I I II II 1 I II 7‘ 1, I I _a II I.. I -I ' I "II "F I 'I '-I I I M II (8)Make misrepresentations or misleading statements to the effect that a contribution or the display of any sticker,emblem or insignia offered to contributors will entitle such other person to any special treatment by emergency service employees or law enforcement officers in the performance of their official duties. (9)Solicit contributions from another person or organization while wearing the uniform of an emergency service employee or law enforcement officer,or while on duty as an emergency service employee or law enforcement officer,except where the solicitation is for an organization exempt from federal income tax under s.501(c)(3)of the Internal Revenue Code or except when soliciting contributions to bene?t an emergency service employee or law enforcement officer who has been injured in the line of duty or to bene?t the family or dependents of an emergency service employee or law enforcement of?cer who has been killed in the line of duty. (10)Solicit contributions on behalf of another person or organization using any statement that the failure to make a contribution shall result in a reduced level of law enforcement services being provided to the public or the person solicited. (11)Employ in any solicitation any device,scheme or artifice to defraud or to obtain a contribution by means of any deception,false pretense,misrepresentation or false promise. (12)Notify any other person by any means,as part of an advertising scheme or plan,that the other person has won a prize,received an award or has been selected or is eligible to receive anything of value if the other person is required to purchase goods or services,pay any money to participate in or submit to a promotion effort. (13)Fail to provide complete and timely payment of the proceeds from a solicitation campaign to a charitable organization or sponsor organization. (14)Fail to apply contributions in a manner substantially consistent with the solicitation. (15)Fail to identify his professional relationship to the person for whom the solicitation is being made. (Ord.No.9593—58,§1,6-28-93;Ord.No.95—94-61,§1,9-12—94;Ord.No.45—16-22,§1,5-23—16) Sec.18-5.Posting of "N0 Solicitation"sign. Any person in possession or in charge of any premises within the city who desires to remain undisturbedby the visit of uninvited solicitors may post or place in a conspicuous place near or at the entrance of the premises a sign containing the words "No Solicitation"or a substantially similar message in letters easily read by a person approaching the premises. (Ord.No.95-93-58,§1,6-28-93;Ord.No.95-94-61,§1,9-12—94) Sec.18-6.Inspection of books and records. Upon request of the city manager or designee,the holder of a permit shall make available for inspection,by any agent of the city,all books,records and papers pertaining to the registered solicitation at any reasonable time while the permit is in effect or after it has expired. (Ord.No.95-93-58,§1,6—28-93;Ord.No.95—94-61,§1,9-12-94;Ord.No.45—16-22,§1,5-23-16) Sec.18-7.Revocation. The city manager or designee shall revoke any permit issued under this article if he or she ?nds that the permittee has given false information or has knowingly withheld information in obtaining same or upon violation of any portion of this chapter. (Ord.No.95—93-58,§1,6-2893;Ord.No.95-94-61,§1,9-12-94;Ord.No.45-16-22,§1,5—23—16) Agenda Item #9.C. 13 Oct 2025 Page 122 of 153 YD or re uire a ermit for— An erson who violates this code is unishable as rovided in Section 1—11of the Code of Ordinances. Sec.18-8.Exceptions. The provisions of subsections 18—2(and section 18-3 shall not apply (1) (2) (3) (4) (5) (6) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; Unpaid members of any civic or charitable organization who are registered as such with the city manager or designee and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identi?cation with the organization represented; Newsboys soliciting subscriptions to any newspaper for home delivery within the city; Route deliverymen who make deliveries to regular customers and whose solicitation is only incidental to their regular deliveries; Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state;and Any charitable,religious,fraternal,youth,civic,service or other organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable,religious,fraternal,youth,civic and service activities of the organization. (Ord.No.95-93-58,§1,6—28-93;Ord.No.95-94-61,§1,9-12-94;Ord.No.45-16-22,§1,5-23-16) Sec.18-9.Penalties. (Ord.No.95-93-58,§1,6-28-93;Ord.No.95—94-61,§1,9-12—94) Agenda Item #9.C. 13 Oct 2025 Page 123 of 153 Business lm act Estimate Form CITY OF ATLANTIC BEACH FLORIDA Ordinance Title.AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,ANIENDING CHAPTER 18, SOLICITATIONS,SECTION 18-1 DEFINITIONS TO MODIFY EXISTING DEFINITIONS;SECTION 18-2,PERMITS,REGISTRATION AND FINGERPRINTING REQUIRED TO REQUIRE DUVAL COUNTY CLERK OF COURTS PERMIT PRIOR TO SUBMISSION;SECTION 18-8,EXCEPTIONS; SECTION 18-9,PENALTIES TO CLARIFY THIS PROCESS;PROVIDING FOR PURPOSE AND INTENT;PROVIDING FOR CONFLICT;PROVIDING FOR CODIFICATION;PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. Ordinance Number:95-25-127 Date:October 8,2025 Pursuant to Florida Statute 166.041(4),the City of Atlantic Beach has prepared this Business impact Estimate for the proposed ordinance described below.This estimate is provided to inform the public and businesses of the potential economic impacts of the proposed ordinance,as required by law. 1.Summary of the Proposed Ordinance (statement of public purpose): The proposed ordinance serves the public health,safety,morals,and welfare of the City of Atlantic Beach,Florida by: Clarifying the process through which solicitors apply for a permit,ensuring they have undergone proper vetting and are in full compliance with FSS 501.022.This process is designed to safeguard the community by verifying the legitimacy of solicitors and reducing the risk of fraudulent or unsafe activity. The ordinance requires proposed solicitors to obtain a permit through Duval Clerk of Courts prior to applying for the city’s solicitors permit. 2.Estimated Direct Economic Impact on Private,For-Profit Businesses: The following estimates outline the direct economic impact of the proposed ordinance on private,for-profit businesses within the [Insert Name of Municipality].as required by Florida Statute 166.041(4)(a)(2). Agenda Item #9.C. 13 Oct 2025 Page 124 of 153 z“: a.Estimated Direct Compliance Costs Business will incur the cost of obtaining a permit through the clerk of courts.The city currently has permit fees associated with the current ordinance and these fees are not increasing. b.Identification of New Charges or Fees No new charges or fees are proposed. c.Estimated Municipal Regulatory Costs (including estimated revenues from any new charges or fees to cover such costs) .The municipality estimates regulatory costs of $1,500]for the issusance of the permit through the building department and enforcement (if needed)through the police department..These costs will be offset by the permit fees. 3.Good Faith Estimate of Businesses Likely Impacted.Approximately 10 businesses are estimated to be impacted,based on previous inquiries for solicitation permits.[ Posted on:agenda packet in the staff report (09.24.25) Website:https://coab.us/ Note:This Business Impact.Estimate is provided in compliance with Florida Statute 166.041(4).Certain ordinances,such as those related to budgets,debt issuance,or compliance with federal or state law,may be exempt from this requirement. 4.Additional Information .The proposed ordinance does not apply non-profit organizations. Agenda Item #9.C. 13 Oct 2025 Page 125 of 153 Page 126 of 153 AGENDA ITEM:APP25-OOO6(Appeal of a decision of the Community Development Board for variance ZVAR25-0013 at 345 10thStreet) SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Direct CITY OF ATLANTIC BEACH CITY COMNIISSION MEETING STAFF REPORT TODAY’S DATE:October 8,2025 lVIEETING DATE:October 13,2025 BACKGROUND:The owner,Maureen Lamar,is appealing the ?nal decision of the Community Development (CDB)for variance ZVAR25-0013 made on July 15,2025. The applicant is seeking a variance to build an addition above a legal non-conforming portion of the single- family home in the eastern side yard of the property. A public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board (CDB)on July 15,2025.Having considered the application,supporting documents,and comments from members of the public,the Community Development Board DENIED the approval of the variance.The Community Development Board made a motion to approve the variance based on Section 24— 65(f)(3),“exceptional circumstances preventing reasonable use of the property compared to others in the area”.The motion to approve failed with a vote of 3-3, therefore;denying the variance request.The CDB found that the request did not meet any grounds from Section 24-65(c)of the Land Development Regulations establishing grounds for approval of a variance. This property is 50 feet wide by 150 feet deep and is located within the Residential,Single—Family(RS- 2)zoning district.In 2013,the former owner split the 100-foot lot into the original two 50-foot platted lots.At the time platted lots of record could be split back to the original platted boundaries.However, they are now considered a nonconforming lots because they do not meet the min.zoning lot width of 75 feet. In accordance with Section 24-85(b)(1),nonconforming lots of record,of the Land Development Regulations at that time: “Where a lot or parcel of land has a lot area or frontage that does not conform with the requirements of the zoning district in which it is located,but was a legally established HI TN)T10 MI Agenda Item #10.A4. 13 Oct 2025 Page 127 of 153 and documented lot of record prior to adoption of this Code (January 1,2002)or previous codes and applicable City of Atlantic Beach ordinances,such lot or parcel of land may be used for one single-family dwelling in any residential zoning district, rovided the minimum ard re uirements for that residential zonin district are maintained or rovided that the owner of said lot has obtained a variance from the Communit Develo ment Board in accordance with the re uirements of Section 24— 64 of this Cha ter.” Within the RS-2 zoning district,a minimum of fifteen (15)feet of combined side yard setbacks are required,with there being at least five (5)feet on each side.As constructed and measured from the front of the structure,the side yard setbacks are 5.9 feet to the western property line and 4.3 feet to the eastern property line,for a total of 10.2 feet,which is 4.8 feet short of the required minimum.As part of the lot split a variance was granted to cure the nonconforming nature of side yard setbacks. VARIANCE REQUEST: The applicant is now proposing to add a second story addition over the southeast portion of the property that extends to the front yard setback.They are proposing to create a livable second story space.Pictured below is the existing 1/2story above the former garage. Agenda Item #10.A4. 13 Oct 2025 Page 128 of 153 P mowed) 'l’; 10.7‘ 19.1' LOT22 BLK13 0.172 iAc. 1 STY RES#3 a FFELE RES.:‘H 26.8‘ 325‘ «a‘? g:as; X X g» 9" ¥ X '5 q‘yx 9‘S w Xg x T" u. g”«a 3 9'? Q.C5 to X Q:9} 09"of?f’ln 9 9.. X x Q F LOT20 S Q, X D Lu :-cga PAVERS«5“Q-R.BLK13 °° -17 B'b 6"3r V‘F\59 -d‘ 9 h :5 Q. Q‘ "‘3T”:9 LOT24 g g“ BLK13 R Q-a 9'Ln ‘33 M v (I) F to a? 2 gs 0NUNE o 2 03'OFF g W 49 B‘WFx Exta"“ ' ., «0.4'OFF .9 ca t Q' % §’9 CI.‘x c:-g’y u_ o}. < 9})<“a.9 '<r in X X ,_-J E % swccoCOL to C! \B'§X 05,x0?,\“1°.X Q$ x q;x“XLZ’.FF 518'FlRC X 8 -“0.50 Lamsv WM 49 "2 F‘P L 1 $9,$5 .gas»a use 9‘ N0|Dq conesaw 0;:ea 3 :9?q"?smccoCOL.ads—HN'ér iiiliii 8WN .oém Agenda Item #10.A4. 13 Oct 2025 Page 129 of 153 . m .1 1 ,l u . M I.” l.. n - I I l -.| '.’.I .. BUDGET:None RECOMMENDATION:Review and vote on APP25—0006 (an approval of the appeal would approve the variance (ZVAR25-0013)and a denial would deny the variance) The applicant is requesting a variance from Section 24-85(b)which states,“No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter,including without limitation, building setbacks.”A nonconforming legal structure is a structure or building which does not conform to the land development regulations applicable to the zoning district in which the structure is located,but which was legally established prior to effective date of such land development regulations.Although the reduced setbacks were approved through a variance,the structure is still considered legal nonconforming and any additions beyond the scope of the original variance requires a new variance.This variance request only applies to the proposed addition. ANALYSIS Section 24—65states that “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.”According to Section 24—17,Definitions,“[a]variance shall mean relief granted from certain terms of this chapter.The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)or a relaxation of the strict,literal interpretation of certain provision(s).Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter,and such relief may be subject to conditions as set forth by the City of Atlantic Beac .” Section 24-65(c)provides six distinct grounds for the approval of a variance: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately fromnearby properties. The applicant identified this as a ground for approval.See the application for additional comments. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant identified this as a ground for approval.See the application for additional comments. (4)Onerous e?ectof regulations enacted afterplatting or afterdevelopment of the property or after The applicant identified this as a ground for approval.See the application for additional comments. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Agenda Item #10.A4. 13 Oct 2025 Page 130 of 153 REQUIREDACTION: The Commission may consider a motion to approve APP25-0006/ZVAR25-0013,request for a variance to Section 24-85(b)(1),upon finding this request is consistent with the definition of a variance,and in accordance with the provisions of Section 24-65,specifically the grounds for approval delineated in Section 24—65(0)and as described below: 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 ofthe property as compared to other properties in the area. (4)Onerous effectof regulations enacted afterplatting or afterdevelopment of the property or afterconstruction of improvements upon the property. (5 )Irregular shape of the property warranting special consideration. (6)Substandard size ofa lot of record warranting a variance to provide for the reasonable use of the property. Or, The Commission may consider a motion to deny APP25-0006/ZVAR25-0013,request for a variance from Section 24-85(b)(1)upon finding this request does not meet any of the criteria set forth in section 24—65(c)nor is consistent with the definition of a variance. A Business Impact Estimate is n_otrequired because the following exemption applies: The proposed ordinance is enacted to implement a development orders and development permits,as those terms are defined in Section 163.3164,Florida Statutes,and development agreements,as authorized by the Florida Local Government Development Agreement Act under Sections 163.3220- 163.3243,Florida Statutes. ATTACHMENT(S):Procedure for Appeals Appeal Application Section 24—85in the Land Development Code CDB staff report Variance Application CDB Meeting Minutes REVIEWED BY CITY MANAGER: Agenda Item #10.A4. 13 Oct 2025 Page 131 of 153 CITYOF ATLANTIC BEACH PROCEDURESFOR APPEALS APPEALFROM DENIALOF VARIANCE BYCOMMUNITYDEVELOPMENTBOARD 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 CD3 had not occurred. Quasi—judicialproceedings,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. 0 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. Su ested Procedure forA eal Hearin 5: °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 CD3. °Commission questions for Staff,if any. 0 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. 0 Commission questions for Applicant/witnesses,if any. 0 Public comments —3 or 5 minutes,depending on number of speaker cards submitted to Clerk. 0 Closing comments/rebuttalby 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.A4. 13 Oct 2025 Page 132 of 153 REFERENCEDCODE 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 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 decisionof 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/herdesignee,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/herdesignee,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. section 24-51 Agenda Item #10.A4. 13 Oct 2025 Page 133 of 153 Sec.24-65.-Variance. 0 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 variancemay be authorized include but are not limited to: section 24-51 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 .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 Parking standards Drive aisle width Setbacks Landscaping Fence height Impervious surface Agenda Item #10.A4. 13 Oct 2025 Page 134 of 153 _II :..4 .. I I -. _ I I :I .. -_ g _.I =u I.= I ~I H'' _.I rII -I‘*I II "I ‘I .:_II'I I . V,I .Al I I I .-. .I ‘ ="I '' -.-;I 3 I I I I- _;I:.I ___ ».I-n v .I I .:==.:a -=I - _I I :.I _I II '‘.I "I I II II =..I I ;.I I.I.I .I I 'I I ' II _.IIII I II I .I .-'..I J I a II I I I I.I v x'-II - ...-I~ __It I ...II ?: -I I III I II I‘''I I I I u -.--I-«I II I II ': I -- u .''—'' H _II .rI .I -..I — ; =I " -I I \_.—I :...I . 2 I I I ..II II. (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)Groundsforapproval ofa 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 ofa 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 ofthis chapter, and shall be subject to established code enforcement procedures. (e)Approval of/esservariances.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 periodfor 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)Transferabi/ity.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. Agenda Item #10.A4. 13 Oct 2025 Page 135 of 153 Mai/W M’WK Pen *it- .5 f5 REQUESTFOR APPEAL FORINTERNAI.OFFICEUSEONLY City of Atlantic Beach PERMIT#?fl?é‘OUol?' Community Development Department 800 Seminole Road Atlantic Beach,FL32233 [:1 $500.00 Application Fee (P)904-247-5800 ..Please sumet form In person or to SITE INFORMATION ADDRESS .7 > 0M SI 7 6&1" SUBDIVISION03 IOI W W BLOCK l3 LOT 22- RE#l7007?"WI 0 RESIDENTIAL El COMMERCIAL El OTHER APPLICANTINFORMATION NAME 66"]L{EMAILmW 76114.60 ADOREssaf’mmW CITYW MATELL ZIP«@27233 PROPERTYLOCA'IION PHONE#CELL# C Eg?I 22? RE#LOT/PARCELSIZE ZONINGCODE WHAT ISSUE AREYOU APPEALING?I @I WEI/VICC ZVK’Z‘13'00 l 3 PLEASETELLUS IN DETAILWHYYOU AREAPPEALING: UTQ’lTrY/l'Yolanda affirm-l0+ 7 a mafia/nae:,, 9‘.5mwnAj ,.WIN-hing MaratmslachtwImfyqphmfnre/? $75 MW Fan/1 I'M/$3EWJS.-9km 9P reg/ mete}w ‘9px T9 W W ,M005“'FW-l'rnrvl-VJLIMakek s \9:)(firm,W wag/{SWWH MIA/W“Wl~l41S"Mall/VI 4 4 “’4’dammedttwi‘“35'1pr W “aim.l :_gmé 19W km;HSa 26%?Willi/dd WM"m.Okla1:1?gig-goth)m}-liboffhrm.rwbaid,tmova,?hon/Its Ll‘v ‘6 -{?-"quvw,will In WHQjolt/um {MW'lo {gin-bllslwl "In lieu of signed,sworn and notarized signatures of the property owner,agent and/orcontractor,and under penalties of rjury,I declare that Ifhaveread and examined the foregoing application and that the facts stated in it are true and correct." GNAT OF APPLICANT DATE | REQUESTFORAPPEAL01.29.2025 PRINTORTYPENgMEOFAPPLICANT buildng-deptglcoabms Agenda Item #10.A4. 13 Oct 2025 Page 136 of 153 EXI\o?’l—..aMH‘iwx 0m @ka Woe-6.“? )m) W W 9 ”‘ma m?519'7: 1 'Agenda Item #10.A4.13 Oct 2025Page 137 of 153 gum,1,: P @Poscp Agenda Item #10.A4. 13 Oct 2025 Page 138 of 153 "In I-r' .I. . I.II,EI II II " I I III I III ; II I ..II II I.II .I I I '"v.I "' :II..II .I .I I . I II I I I I II ” II -.I.I I _ . I.I I I II II I -. I " I __ .t I .I 1 I III I II ’ I =I ..II I I IIIII...-II.I I . '2 .I I.c E II ; I I I -I I . I.«-I'I II I 'I II ‘ I I]I n I.- I II I I _'-''I I v II III I ”I I I.I“ I ;II‘ J I I II 9/29/25,8:51 AM Atlantic Beach,FL Code of Ordinances Sec.24-85.-Nonconforming structures and uses. (a)Intent.Within the established zoning districts,there exist structures,and uses of land that were lawful prior to the adoption or amendment of these land development regulations.Such uses and structures would be prohibited,restricted or regulated through the provisions of this chapter or the adopted comprehensive plan.It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconforming uses and structures,and to permit such nonconformities to continue in accordance with such rights,but not to otherwise encourage their continued survival.Furthermore,the presence of any nonconforming characteristic shall not be considered as justi?cation for the granting of variances,and any nonconforming structure or use, which is made conforming,shall not be permitted to revert to any nonconforming structure or use. (b)Nonconforming structures. (1)No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter,including without limitation,building setbacks.See Figure 6 (Enlarging Non- Conforming Structures)below. (2)Any nonconforming structure,or portion thereof,that is declared unsafe by the city building of?cial,may be restored to a safe condition.Building permits shall be required. (3)A nonconforming structure may be maintained,and repairs and alterations may be made subject to the provisions of this section. (4)No additions,expansions,or accessory structures may be constructed which would expand a nonconforming use of land. (5)Any existing nonconforming structure that is encroaching into public right-of-way shall not be rebuilt,enlarged,or structurally altered unless such encroachment is removed. (6)The voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies)and shall not be reconstructed and all construction thereafter shall comply with the terms of this chapter. (7)Notwithstanding the foregoing provisions,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. aboutblank 1/2 Agenda Item #10.A4. 13 Oct 2025 Page 139 of 153 9/29/25.8:51 AM Mv AtlanticBeachxFL Code of Ordinances PDTENTL WWICN P04 Ezn iiian.902 CE F0452". Figure 6 Enlarging Non-Conforming Structures ((2)Nonconforming uses. (1)Continuation of nonconforming uses.Uses of land which were lawfully created at the time such uses were established,but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan, may be continued so long as they remain otherwise lawful and in compliance with the provisions of this section. (2)Relocation or expansion of nonconforming uses.A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located,nor shall a nonconforming use be expanded or enlarged.No additions,expansions, or accessory structures may be constructed which would expand a nonconforming use of land. (3)Discontinuance of nonconforming uses.In the event that a nonconforming use of land is discontinued or abandoned for a period of six (6)months or longer,any subsequent use of such land shall conform to the applicable zoning district regulations as set forth within this chapter as well as applicable provisions of the comprehensive plan. (4)Natural event.Site improvements or structures located on properties containing a legal nonconforming use which incur substantial damage by a natural event may be reconstructed and the nonconforming use may be resumed 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. (5)Voluntary demolition.The voluntary demolition by the owner of any structure containing a nonconforming use shall constitute evidence of willful abandonment of such use and may not be resumed. lQrg,NQl29-24—253,§3(Exh.A),10-14-24) aboutblank Agenda Item #10.A4. 13 Oct 2025 Page 140 of 153 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO.ZVAR25-0013 Request for a variance to Section 24-85(b)(I )to expand an existing legal nonconforming structure to allow construction ofa full story located above the garage at 345 10”“Street. LOCATION 345 10‘11Street APPLICANT Maureen Lamar DATE July 10,2025 STAFF Abrielle Genest,Principal Planner STAFF COMMENTS The applicant,Maureen Lamar,is the owner of 345 10th Street.This property is 50 feet wide by 150 feet deep and is located within the Residential,Single—Family (RS-2)zoning district. In 2013,the former owner split the 100-foot lot into the original two 50—footplatted lots.At the time platted lots of record could be split back to the original platted boundaries.However,they are now considered a nonconforming lot because it does not meet the min. zoning lot width of 75 feet. In accordance with Section 24-85(b)(1), nonconforming lots of record,of the Land Development Regulations at that time: “Where a lot or parcel of land has a lot area or frontage that does not conform with the requirements of the zoning district in which it is located,but was a legally established and documented lot of record prior to adoption of this Code (January 1,2002)or previous codes and applicable City of Atlantic Beach ordinances,such lot or parcel of land may be used for one single-family dwelling in any residential zoning district,rovided the minimum ard re uirements for that residential zonin district are maintained or rovided that the owner of said lot has obtained a variance from the Communit Develo ment Board in accordance with the re uirements of Section 24-64 of this Cha ter.” Within the RS-2 zoning district,a minimum of fifteen (15)feet of combined side yard setbacks are required,with there being at least five (5)feet on each side.As constructed and measured from the front of the structure,the side yard setbacks are 5.9 feet to the western property line and 4.3 feet to the eastern property line,for a total of 10.2 feet,which is 4.8 feet short of the required minimum.As part of the lot split a variance was granted to cure the nonconforming nature of side vard setbacks. Stre T21)1'10 MI U7)I?! Agenda Item #10.A4. 13 Oct 2025 Page 141 of 153 The applicant is now proposing to add a second story addition over the southeast portion of the property that received the reduced sideyard setbacks.They are proposing to create a livable second story space. Pictured below is the existing 1/2story above the former garage.Second story additions are required to meet setbacks therefore,the applicant is seeking this variance. The applicant is requesting a variance from Section 24- 85(b)which states,“No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter,including without limitation,building setbacks.” A nonconforming legal structure is a structure or building which does not conform to the land development regulations applicable to the zoning district in which the structure is located,but which was legally established prior to effective date of such land development regulations. Although the reduced setbacks were approved through a variance,the structure is still considered legal nonconforming and any additions beyond the scope of the original variance requires a new variance.This variance request only applies to the proposed addition. Agenda Item #10.A4. 13 Oct 2025 Page 142 of 153 63.2 (P)150 0 $?w LOT20 BLK13 ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by—casebasis,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.”According to Section 24-17,Definitions,“[a]variance shall mean relief granted from certain terms of this chapter.The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict,literal interpretation of certain provision(s).Any relief granted shall be in accordance with the provisions as set forth in Section 24—65of this chapter,and such relief may be subject to conditions as set forth by the City of Atlantic Beac Section 24-65(0)provides six distinct grounds for the approval of a variance: coNC.SI WT Agenda Item #10.A4. 13 Oct 2025 Page 143 of 153 'v ng. (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 effectof regulations enacted afterplatting or afterdevelopment of the property or afte rconstructionofimprovementsupontheproperty. The applicant identified this as a ground for approval.See the application for additional comments. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use ofthe property. REQUIREDACTION The Community Development Board may consider a motion to approve ZVAR25-0013,request for a variance to Section 24-85(b)(1),upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65,specifically the grounds for approval delineated in Section 24-65(c)and as described below. A variance may be granted,at the discretion of the Community Development Board,for the following reasons: (1 )Exceptional topographic conditions ofor 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 e?ectof regulations enacted afterplotting or a?er development of the property or afterconstruction 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 in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR25-0013,request for a variance to Section 24—85(b)(1). Agenda Item #10.A4. 13 Oct 2025 Page 144 of 153 LOT/PARCELSIZE 7500 sq ?ZONINGCODE ABS-2 UTILITYPROVIDERJEA RE#170079-0010 BLDG“13 APPLICANTINFORMATION NAME Maureen Lamar ADDRESS347 10111Street CITY AtlanticBeach STATE FL ZIP CODE 32233 PROPERTYLOCAJ'ION345mm Street PHONE#404-735-9773 CED-4f 404735-9773 VARIANCE APPLICATION Foam-emu.OFFICEuseONLY City OfAtlantic Beach PERMIT# Community Development Department 800 Seminole Road Atlantic Beach,FL32233 500.00 Applioltion Fee (P)904—247—5800 Please submit form in person or to COMPREHENSIVEPLANFUTURELANDUSEDESIGNATIONRES LB 3-7 UNITSPER AC PROVISIONFROMWHICHVARIANCEISREQUESTEDmwu?mmw “MW"MW‘““'M""M Maurwn Lamar SIGNATURE PPIJCANT PRINTORTYPENAMEOF APPUCAN T VARIANCEAPPLICAUON01.29.2025 Homeowner'sAssociationor ArchitecturalReview Committee approval required for the proposed construction E]YES NO {ifyes,this must be submittedwith any application fora Building Permit] Statement of facts and‘site plan related to requested Variance,which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and LandDevelopment Regulations,a copy of which is attached to this applimtion.S ment and site an must dea describe and ctthe Variance is r nested. PROVIDEALLOF 111!FOLLOWINGINFORMATION (all information must be provided before an application B scheduled for any public hearing): 1.Proof of ownership:deed or certi?cate by lawyer or abstract or title companythat veri?es record owner as above. 2.lfthe applicant is not the owner:provide a letter of authorizationfrom the owner(s)for applicant to representthe owner(s)for all purposes related to this applica?on. 3.Survey and legal desaiption of propertyforwhid'i Variance is sought. 4.Required number ofcopia:One (1)digital copy-additional paper copy is optional. "In lieu of signed,sworn and notarized signatures of the property owner,agent and/or contractor,and under penalties of perjury,I declare that I have read and examined the foregoing application and that the facts stated in it are true and correct." DATE 6124/ EMAIL mlama1217@icl0ud.oom LOT#22 Agenda Item #10.A4. 13 Oct 2025 Page 145 of 153 The following paragraph sets forth reasons for which a Variance may be approved,please check the circumstances ?iat applytoyour request and brie?y describe in the space provided. Grounds for approval of a Variance:AVariance may be granted at the discretionof the Community Development Board,for the following reasons. [I 1.Exceptionaltopographic conditionsof or nearthe property. Not applicable E]2.Surrounding conditions or circumstances impacting the property disparatelyfrom nearby properties. El 4.Onerous effect of regulations enacted after platting or after development ofthe property or after construction of improvements upon the property. Single family home built in 1948 eleven years prior to original 1959 Atlantic Beach zoning code was enacted.Approved 2013 variance splits lot 22 and 24 leaving lot 22 with combined12.4’setback E]5.irregular shape of the property wananting special consideration. Not applicable E]6.Substandardsize of a Lot or Recordwananting a Variance in orderto provide for the reasonable use of the property. Not applicable a.Approval of a Variance.To approve an application for a Variance,the Community Development Boardshall?nd that the request is inaccordancewith the preceding terms and provisions of this Section and that the granting of the Variance willbe in harmony with the Purpose and intent of this Chapter. b.Approval of Lesser Variances.The Community Development Boardshall have the authorityto approve a lesserVariance than requested ifa iesserVariance shall be more appropriately in accord with the terms and provisions ofthis Section and with the Purpose and intent of this Chapter. c.NearbyNonconformity.Nonconfonning characteristicsof nearby Lands,Structures or Buildingsshall not be grounds for approva lofaVariance. d.Waiting period for re-submitml.ifan application for a Variance is denied bythe Community Development Board,no further action on Another application for substantialiythe same request on the same property shallbe accepted for 365 days from the date of denial. e.Time period to implement Variance.Unless otherwise stipulated bythe Community Development Board,the workto be performed pursuant to a Variance shallbegin within six (6)months from the date of approval ofthe Variance.TheCommunity Development Director,upon ?nding of good muse,may authorize a one time extension not to exceed an additionalsix (6) months,beyond whichtime the Variance shallbecome null and void. f.AVariance,which invom the Development of Land,shall be transferable and shallrun with the title to the Property unless otherwise stipulated by the Community Development Board. VARIANCEAPPLICATION01.29.2025 Not applicable E]3.Exceptionalcircumstances preventing the reasonable use of the property as compared to other properties in the area. Not applicable Agenda Item #10.A4. 13 Oct 2025 Page 146 of 153 ADDITIONALCOMMENTS: New variance request; Existing home has 112story room above garage space.Homeowners would like to make 1/2 story rooma full story and extend existing garage and above roomout to front setback (approximately 10'):14'footprint). The home at 937 Ocean Blvd has the same ?oor plan as 345 10th Street and has been updated with full story above garage that has beenextended.We are looking to do the same thing. VARMNCEAPPLICAHON01 Agenda Item #10.A4. 13 Oct 2025 Page 147 of 153 .ms—a Imam... mm m 5450:.mwn. 20.6' LOT22 2‘2 BLK13 0.1721:Ac. 1 sw. RES#345 FFELE V.RESH1. 68 26.8' NONE VISIBL“\“mlllllllllllllll ” \I\\“\\\‘0“DJ.8.2%\‘Q‘I.9‘4 N A ’4 §§£32132*$ 22 a :3 55 5g‘3‘STATE OF $§ 2 d5;FLORIDA ¢~§ RAYMOND J.SCHAEFER Land Surveyors,LLC www.9xactalandmm 1of?ce:866.735.1916 lfax:86607442882 PROPERTY ADDRESS:345 10TH STREET,ATLANTIC BEACH,FLORIDA32233 SURVEY NUMBER:2505.6759 2505.6759 BOUNDARY SURVEY ”NE TABLE DUVAL COUNTY LINE BEARING DISTANCE LOT21 LOT19 L1 5 83'21‘09'W 483.36‘(M) BLK13 E g BLK13 488.08'IP) If;I:E53mama'f49-99(M)‘2-5 _L2 3 33-23'05'w 49.33'(M) 2 :-01(P)Q!5 WI: 1 5,8-me 0 W 50.0 ~50.00(P) LW337 6 $ONLINE a?a-wF ‘m'FIP “50H:x;«exox4"no“! .I‘ g~X x;x95x .3! a:“g a‘ “rxxq“)"é :I? e g. X In a:x‘?X? r (a Q‘E .r xi!o?:<x «E w‘x “g ,.,3:9; “—a?“as,5‘3-E)v LOT20 E *4 a "x x ‘9 om BLK13u:e».,,- V x0.Q-N a «PAVEP‘S°e,_l0 3;,e.72 w 7’“.2‘5,9‘"1501'ii;Ev::2 39 "m e —w -— ; LOT24 s.g E It: BLK13 R G 2.5-atg“‘2 s e '1;“I Q I”‘3‘?ONLINE 0 b7 w a 2 3;g: o_3‘OFF3 e b e'WFx ‘10.?g ‘ 1°“: as g 3155 “‘9 n-“>4 4; ‘ 015 x E“a:0mg“*3“'3 Z 3 27, .5»3 £3 a““x XIII, ‘sTUCCO00“E‘:E x ‘3 X E ‘e a,Xg§N-Q 51";e D-x I—‘T n .,“x ex'cz)05‘OFF 0 U! )2»s x"x‘b x g.m'FIP L1 —‘El 5IB'FIRC “gt ,5,of,"0 ID“"T “P ””2337e ”’9 s sruccococ $3.2 -"‘T CATV ' ‘ BASISor ELEVATIONSSHOWN: NE w :9 e e““P L2_,.s:".1 ‘ DESIGNATION:v 324 0°'m,«i gum/EL " _t M 53 New PID:BC0487 , ”‘3 “Av;.9 ‘0 ‘ELEVATIONw'9 ELEVATION:10.27 anEWAG e e -M ’ DATUM:NAVD88 ELEVAT‘WL,XL”;‘M ff”".0 0‘' '.,.-538.06’IP) 5 B321 v 30 o 15 so 5 33°21'20“w 538.19(M) SURVEYOR'SNOTES:B R.(AssUMEW FENCEOWNERSHIPNOTDETERMINED.’GRAPHICSCALE(In Feet) 1 inch=30'IL SURVEYORS CERTIFICATION:POINTS OF INTEREST: I hereby certify that this Survey of the lands described hereon was made under my direct supervision.and to the best of my knowledge and belief is a true and accurate representation of said lands and meets the Standards of Practice set forth in Chapter 5J—17.050through 5J 47.053.Florida Administrative Code. pursuant to section 472.027.Flon'da Statutes.mm LlndSurv-wnLL: This survey is not valid without the signature and ma.L“,Summ u; ' original raised seal of a Florida licensed surveyor and mapper,except when the electronic signature and seal of a Florida licensed surveyor and mapper is af?xed hereto. WEE o:866.735.1516 fl:36514402882 :31 Wat Imnmsuni.Sela moi.Neda.Fl.31765 SEE PAGE 2 OF 2 FOR LEGAL DESCRIPTION DATE SIGNED:06/19/25 FIELDWORK DATE:6/18/2025 REVISION DATE(SI:(REV.0 6/19/2025) AFFILIAT EMEMBER Sula nf Flow:Pldmonal vaeyot ind Mapw meseuumsm Exam Lind Survoymu.LLC |LB!5291 PAGE 1 OF 2 -NOI VALID WITHOUT ALI.PAGES LandFlorid AH?“Mn !.F :4 mm; ”my \\:"u llo?1...9:.e. 1M! Agenda Item #10.A4. 13 Oct 2025 Page 148 of 153 PROPERTY ADDRESS:345 10TH STREET,ATLANTICBEACH,FLORIDA32233 JOB SPECIFIC SURVEYOR NOTES: THE ASSUMEDBEARINGREFERENCEOF SOUTH 83 DEGREES 21 MINUTES20 SECONDS WEST IS BASED ON THE NORTHERLYRIGHT-OF-WAYLINE OF 10TH STREET,LOCATEDWITHIN SUBDIVISION'A'ATLANTIC BEACHACCORDINGTO THE PLATTHEREOF,AS RECORDEDIN PLAT BOOK 5,PAGE 69 OF THE PUBLIC RECORDSOF DUVALCOUNTY,FLORIDA. LEGAL DESCRIPTION: SURVEY NUMBER:25056759 LOT 22,BLOCK13,SUBDIVISION'A'ATLANTIC BEACH,ACCORDING TO PLATTHEREOF RECORDEDIN PLAT BOOK 5,PAGE 69 OF THE CURRENT PUBLIC RECORDSOF DUVALCOUNTY,FLORIDA. GENERAL SURVEYOR NOTES: The Legal Description used to perform this survey was supplied by others.This survey does not determine nor imply ownership ofthe lands or any fences shown hereon.Unless the Title Commitment Number and Date is referenced on this suNey,an examination of the abstract of title was NOT performed by the signing surveyor to determine which instruments,if any,are affecting this property. 2 The purpose of this survey is to establish the boundary of the lands desuibed by the legal description providedand to depict the visible improvements thereon for a pending ?nandaltl‘arsaction.Underground footirgs,utilities,or other service lines.including root eava overhangs were not locatedas part orthis survey.Unless speci?cally stated otherw'se the purpose and intent ofthis survey is not for any construction activities or future planning. 3,Ifthere is a septic tank or drain ?eld shown on this surveyI the location depicted hereon was either shown to the surveyor by a third party or ltwas estimated by visual above ground inspection.No excavation was performed to determine its location. 4.Risstuvey'saomsiletyforapendrgfnandal?ansadionardonty mbeLsedbythepartiesloMioml'smrti?ed. SURVEYOR’S LEGEND LINEI'YPES Boundary Line '—'_l (enter Line Chain Linkchire Fence Easement Ed92 of Water -O-—O—|Iron Fence WIF—IOverhead Lines Structure ““‘j SurveyTle Line 4VinylFence —WallorParty Wall ;Wood Fence SURFACE TYPES l,Asphalt SYMBOLS Benchmark Center Line Central Angle or Delta Common Ownership ControlPoint 9 i A 1/’ A m Catch Basin CERTIFIED TO: MAUREENLAMAR; DATE SIGNED: Elevation Fire Hydrant Find OrSel Monument Guywire orAnchor Manhole Tree Utility or Light Pole ®Well ABBREVIATIONS [Ct-Calculated IDl-Deed iFl -Field (Ml 'Measured lP)-Plat lRI-Record IS)-Survey AIC -AIrCondltloning AE -Access Easement Se. ‘0 o e. 0o r4: ANE -Anchor Easement ASBI.-Accessory Setback Line BIW-Bay/Box Window BC -Block Corner BFP -Back?ow Preventer BLDG -Building BLK-Block BM -Benchmark an -Bearing Reference BRL-Building Restriction Line BSMT-Basement C -Curve CIL -CenterLine 06/19/25 BUYER:MAUREENLAMAR LENDER: TITLECOMPANY: COMMITMENT DATE:NOT REVIEWED 10a Alterations to this survey map and report by other than the signing surveyor are prohibited, Dimensionsare in feet and decimals thereof. Any FEMA ?ood zone data contained on this survey is for informational purposes only,Research to obtain said data was performed at www.fema,gov and may not re?ect the most recent information. Unless otherwise noted 'SIRC'indicates a Set Iron Rebar with a Cap stamped LBtltBZSt.a minimum hattinch in diameter and eighteen inches long. Ifyou are reading this survey in an electronic format.the information contained on this document is only valid ifthis document is electronicallysigned as speci?ed in Chapter 5J17.062 (3)of the Florida Administrative Code and Florida Statute 472.025.The Electronic Signature File related to this document is prominenlty displayed on the invoice for this survey whichis sent under separate cover.Manuallysigned and sealed logs ofall survey signature ?les are kept in the of?ce of the performing surveyor. The symbols re?ected in the legend and on this survey may have been enlarged or reduced for clarity.The symbols have been plotted at the approximate centerof 11. 12. 15. the ?eld location and may not represent the actual shape or size oftne feature. Points of Interest (POl's)are select above-ground improvements,which may appear in con?ict with boundary,building setback or easement lines,as de?ned by the parameters of this survey.These POI's may not representall items ofinterest to the viewer,There may be additionalFOl‘s which are not shown or called-out as Pol's,or which are otherwise unknown to the survsyun Ut?'?ies shown on the subject property mayor may not indicate the existence of recorded or unrecorded utility easements. The informationcontained on this survey has been performed exclusively by and is the sole responsibile of Exact!Land Surveyors.LLC.Additionallogos orreferenoes to third party ?rms are for infcnnational purposes only. Pursuant to ES.555.0035,an individual employee or agent may not be held individually liable for negligence. Due to varying construction standards,building dimensions are approximate and are not intended to be used for new constructionor planning, C/P -Covered Porch CIS -Concrete Slab (ATV -Cable TVRiser (8-Concrete Block (H -Chord Bearing (HIM -Chimney CLF-Chain LinkFence (ME -Canal Maintenance Easement (0 -Clean Out (ONC -Concrete (OR-Corner CS/W 'Concrete Sidewalk (UE -Control Utility Easement (VG -Concrete Valley Gutter DIW -Driveway oE -Drainage Easement DF-Drain Field DH -DrillHole DUE -Drainage &Ullllty Easement ELEV-Elevation EM -Electric Meter ENCL-Enclosure ENT»Entrance EOP-Edge of Pavement EOW -Edge ofWater ESMT-Easement EUR -Electric Utility Box FIDH-Found DrillHole FCM-Found Concrete Monument FF -Finished Floor FIP -Found Iron Pipe FIPC-Found iron Pipes.Cap CLIENT FILE NO: SEE PAGE 1 OF 2 FOR MAP OF PROPERTY FIR-Found Iron Rod FIRC -Found Iron Rod BrCap FN -Found Nail FNED-Found Nail E Disc FRRSPK-Found RailRoad Spike GAR -Garage 6M -Gas Meter Iii-identi?cation IE/EE-Ingres/Egress Easement ILL-Illegible INST-Instrument INT-Intersection IRRE-Irrigation Easement L-Length LAE-Limited Access Easement LBtt-License No.(Business) LEE-Limited Buffer Easement LE-Landscape Easement LME -Latte/Landscape Maintenance Easement LSJI -License No.(Surveyor) ME -Map Book ME -Maintenance Easement MES-Mitered End Section MF-Metal Fence MH -Manhole MHWL -Mean HiohWater Line NR -Non-Radial NTS -Not to Scale NAVDBB -North American Vertical Datum 1938 NGVD29 -National Geodetic Vertical Datum 1929 06 -0n Ground ORB -Of?cialRecord;Book ORV-Of?cial Record Volume D/A-Overall DIS -Offset OFF -Outside Subject Property DH -Overhang OHL-Overhead Utility Lines OHWL-Ordinary High Water Line ON -Inside Subject Property PIE -Pool Equipment PB -Plat Book PC-Point of Curvature Pcc-Point of Compound Curvature PCP-Permanent Control Point PI‘Pain!of Intersection PLS -Professional Land Surveyor PLT-Planter [’03-Point of Beginning POC-Point of Commencement PRC-Point of Reverse Curvature PRM -Permanent Reference Monument PSM -Professional Surveyor &Mapper PT-Point orTangency PUE -Public Utility Easement R -Radius or Radial RIW-Right ofWay RES-Residential no:-Range noc-Roovaerhang Easement RP -Radius Point FLOOD ZONE INFORMATION: BYPERFORMINGA SEARCH WITH THE LOCALGOVERNING MUNICIPALITYOR WWW.FEMA.GOV,THE PROPERTY APPEARS TO BE LOCATEDIN ZONE X.THIS PROPERTYWAS FOUND IN CITYOF ATLANTI CBEACH,COMMUNITYNUMBER120075,PANEL NUMBER0409 DATED 11/2/2018. Exam land Surveyors,lLC SIW 'Sidewalk SBL -Setback Line SCL -Survey Closure Line SCR-Screen SEC-Section SEP-Septic Tank SEW-Sewer SIRC -Set Iron RodElCap SMWE-Storm Water Management Easement SNQD-Set Nailand Disc: SQFT -Square Feet STL -Survey Tie Line Stir-Story SV -SewerValve SWE-Sidewalk Easement TBM -Temporary Bench Mark TEL -Te|ephone Facilities TDB -Top of Bank TUE-Technological Utility Easement TWP -Township TX-Transrormer TYP-Typical uc-Utility Easement UG-Underground UP -Utility Pole UR -Utility Riser vr -VinylFence WIC -witness Corner WIF -Water Filter WF -Wood Fence WM -Water Meter/Valve Box WV -Water valve Exacta land suiveyors,LLC LM(1291 0:8561351916 f:366.744.2882 BI.West BmanwintreEt.Suite 1001.Oviedu,FL31755 EXACTA PAGE 2 OF 2 -NOT VALID WITHOUT ALLPAGES IK/‘yBrlckor‘l’lle x_IConcreke iCovered Area Water ///Wand Agenda Item #10.A4. 13 Oct 2025 Page 149 of 153 Page 1 of 4 MINUTES Community Development Board (CDB)Meeting Tuesday,July 15,2025 -6:00 PM City Hall,Commission Chamber 800 Seminole Road,Atlantic Beach,FL 32233 Present:Kirk Hansen,Chair Ellen Golombek,Vice Chair Jennifer Lagner,Member Richard Arthur,Member Jeff Haynie,Member Gregory (Greg)Beliles,Alternate Member Absent:Angela F arford,Member Harold Gear,Member Also Present:Amanda Askew,Neighborhoods Department Dir.(NDD) Abrielle Genest,Principal Planner (PP) Valerie Jones,Recording Clerk Robert Graham,City Attorney (CA) 1.CALL TO ORDER AND ROLL CALL 2.APPROVAL OF MINUTES A.Approve minutes of the June 17,2025 regular meeting of the Community Development Board. MOTION:To APPROVE the June 17,2025 Community Development Board minutes. Motion:Je?Haynie Second:JenniferLagner Kirk Hansen For Ellen Golombek For JenniferLagner (Seconded By)For Richard Arthur For JeffHaynie (Moved By)For Gregory (Greg)Beliles For Motion passed 6 to 0. 3.OLD BUSINESS There was no old business. Community Development Board (CDB) July 15,2025 Agenda Item #10.A4. 13 Oct 2025 Page 150 of 153 4.NEW BUSINESS A.457 Mako Drive ZVAR25-0012 (Hung V0 and Diep Nguyen) Request for a variance to Section 24-105(e)(3)to reduce the minimum ten (10)foot yard setback to allow an existing unpermitted carport at 457 Mako Drive. Director Askew presentedthe variance request for 457 Mako Drive.The applicants were requesting a variance to Section 24-105(e)(3)to reducethe minimum 7.5-foot side yard setback to allow an existing unpermitted carport. Director Askew explainedthat the property is located in the Royal Palms neighborhood, zoned RS],and measures 80 feet wide by 93 feet deep.The carport in question was built in the early 19805,just 1 inch from the southerly property line.The issue came to the city's attention in 1989 when it was discovered the carport was constructed without a permit.The current situation arose when the applicants applied for a permit to build a new driveway,revealing the unpermittedcarport that did not meet setback requirements. Jeff Haynie inquired about any code enforcement actions since 1989.Director Askew con?rmed there were no records of further enforcement actions but noted that the city doesn't aggressively seek out code violations.She added that if the variance wasn‘t granted,future permits for the property would be affected until the nonconformity was corrected. Ellen Golombek asked if the carport had gutters.Director Askew stated that the picture did not appear to show gutters but suggested asking the applicant for con?rmation. The applicant‘srepresentative,Safa Mansouri,addressed the board.He offered to install gutters and get the carport properly permitted if the variance was granted. Jennifer Lagner asked about the concrete underneath the carport,which Mr.Mansouri con?rmed extended to the end of the carport overhang. During board discussion,Chair Hansen expressed concern about penalizing the homeowners for something that had existed for 35 years,especially when they were trying to improve their property by replacing the driveway.He suggested approving the variance with conditionsthat the carport never be enclosed and that gutters be installed. Jeff Haynie struggled to ?nd grounds for approving the variance based on the criteria, but Chair Hansen argued that the surrounding circumstances and the long-standing nature of the situation could be considered as grounds under item 2 of the variance criteria. MOTION:To APPROVE ZVAR25-0012 with the conditions that the carport can never be enclosed and gutters need to be installed in accordancewith the building code. Motion:JenniferLagner Second:Richard Arthur Community Development Board (CDB) July 15,2025 Page 2 of 4 Agenda Item #10.A4. 13 Oct 2025 Page 151 of 153 Kirk Hansen For Ellen Golombek Against JenniferLagner (Moved By)For Richard Arthur (Seconded By)For Je?Haynie Against Gregory (Greg)Beliles For Motion passed 4 to 2. B.345 10th Street ZVAR25—0013(Maureen Lamar) Request for a variance to Section 24-85(b)(1)to expand an existing legal nonconforming structure to allow constructionof a full story located above the garage at 345 10th Street. Planner Genest presentedthe variance request for 345 10th Street.The applicant was seeking a variance to Section 24-85(b)(1)to expand an existing legal nonconforming structure to allow constructionof a full second story above what was previously the garage. Planner Genest explainedthat the property,located on the north side of 10th Street,is 50 feet wide by 150 feet deep.The existing structure was developed in the 19405.In 2013, the previous owner split the lot,which originally consistedof two 50-foot-wide platted lots.At that time,a variance was granted to reduce the required setbacks,making the current structure legally nonconforming. The applicant,Maureen Lamar,explained her plans to remove the back addition of the house,which would bring that portion into compliancewith setbacks.The variance request was speci?cally for the front part of the house,where they wanted to expand vertically above the former garage and expand forward to the 20-foot front yard setback line. Board members expressed dif?culty in ?nding grounds to approve the variance.Jeff Haynie noted that the nonconforming nature of the structure was not,according to city code,justi?cation for granting further variances. MOTION:To APPROVE ZVAR25-0013 based on exceptional circumstances preventing reasonable use of the property compared to others in the area. Motion:Richard Arthur Second:JenniferLagner Kirk Hansen Against Ellen Golombek For JenniferLagner (Seconded By)For Richard Arthur (Moved By)For Je?'Haynie Against Community Development Board (CDB) July 15,2025 Page 3 of 4 Agenda Item #10.A4. 13 Oct 2025 Page 152 of 153 Attest: Gregory (Greg)Beliles Against Motion failed3 to 3. REPORTS There were no reports presented. PUBLIC COMMENT Brinkley Harrell addressedthe board during public comment.He discussed recent developments at the city commission meeting regarding changes to Chapter 24 of the city code,particularly concerning on-sitewater storage requirementsand impervioussurface regulations.He expressed concern about the potential impact on Old Atlantic Beach and urged the board to look more closely at the RS-2 zoning regulations for the area. Harrell also suggested incentivizing the use of permeablepayers for driveways,especially in the right-of-way areas,to help with stormwater management. ADJOURNMENT There being no further discussion,Chair Hansen declared the meeting adjourned at 6:47 pm. Amanda Askew Kirk Hansen,Chair Page 4 of 4 Community Development Board (CDB) July 15,2025 Agenda Item #10.A4. 13 Oct 2025 Page 153 of 153