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HomeMy WebLinkAbout06-22-26 Regular Commisson Meeting Adopted MinutesMINUTES SrL'j- Regular City Commission Meeting rs Monday, June 22, 2026 - 6:00 PM s " Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:00 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 (At Large) Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Kevin Hogencamp, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Victor Gualillo, Police Chief (PC) 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP26-0001 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR26-0008 at 9510th Street Request for a variance from Section 24-151(h) and 24-108(e) to reduce the minimum rear yard and side yard setback for an attached accessory structure. (Withdrawn) Mayor Ford announced that the applicant had requested withdrawal of the agenda item. MOTION. Withdraw agenda item 10.A. from the agenda. Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly For Jessica Ring (Moved By) For Regular City Commission June 22, 2026 Motion passed S to 0. APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting held on June 8, 2026. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. Recognition of Police Volunteer James Johnson PC Gualillo presented a formal recognition to volunteer James Johnson. Mayor Ford expressed appreciation to Mr. Johnson and his family. PUBLIC COMMENT The following speakers provided their comments: Mitch Reeves Holly Waters shared photos with the Commission (which are attached hereto and made part of this official record as Attachment A). Jim Waters Lisa Herrold Anastasia Houston shared photos with the Commission (which are attached hereto and made part of this official record as Attachment B). Commissioner Grant arrived at 6:19 PM. Sarah Boren shared a handout with the Commission (which is attached hereto and made part of this official record as Attachment Q. Sara Milo Brinkley Harrell Pamila Brar Nancy Staats Jackie Beckenbach Dan Giovannuci Albert Kerber 6-22-26 Attachment A 6-22-26 Attachment B 6-22-26 Attachment C 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (June - August 2026) There was a CONSENSUS to accept the 90 -Day Calendar. 3.B. Marsh Oaks Community Center Update Regular City Commission June 22, 2026 CM Hogencamp reported on agenda items 3B - 3E as detailed in a handout (which is attached hereto and made part of this official record as Attachment D) and answered questions from the Commission. 6-22-26 Attachment D 3.C. July 11 Centennial/America 250 Celebration Update Mayor Ford requested that CM Hogencamp contact FDOT regarding the status of the westbound on-ramp from Mayport Road to Atlantic Boulevard for July 10-11. 3.D. Beaches Town Center Streetlights 3.E. Other Reports 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole Emphasized the importance of prioritizing budget items in advance of the upcoming budget season due to anticipated fiscal constraints. He also thanked staff involved in the city manager search process. Commissioner Grant • He also expressed support for the City's tree protection efforts and the proposed tree ordinance. • Commented on a -bike safety and noted available tools for monitoring activity. • Addressed public comments regarding tree protection. • Congratulated CM Hogencamp and addressed public comments regarding his appointment. Commissioner Kelly • Discussed the potential effects of the November property tax referendum on City services. • Shared positive feedback regarding the Farmers Market. • Raised staffing considerations related to organizational responsibilities. • Noted accessibility improvements that could be considered for the Commission Chamber. Commissioner Ring • Shared information regarding a proposed amendment to the Live Local Act that would provide a limited exemption for certain coastal barrier island municipalities (which is attached hereto and made part of this official record as Attachment E). The Commission discussed the proposal and reached CONSENSUS to direct the City Attorney to prepare a letter of support for consideration at a future meeting. Mayor Ford • Expressed support for pursuing the proposed exemption in Attachment E, citing considerations related to infrastructure and development constraints on coastal barrier islands. 6-22-26 Attachment E 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS Regular Cite Commission June 22, 2026 6. S.A. PLAT25-0002 (0 Seminole Road) — Referral to the Director of Planning and Community Development, as the designated administrative official, for administrative review and approval pursuant to §§ 177.071 and 177.091, Florida Statutes. No Commission action on the merits. (Procedural; not a quasi-judicial hearing.) CA Gabriel explained that the item was a procedural measure to remand the plat to the designated administrative official for review and approval in accordance with Florida Statutes, which require action within seven days. MOTION. Approve 5A. referral to Planning and Community Development (the Neighborhoods Department Director). Motion: Bruce Bole Second. Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed S to 0. CONSENT AGENDA 6.A. Approve Resolution No. 26-77. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO APPROVE CHANGE ORDER #1 FOR THE 2425-06 AHERN STREET ROADWAY IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT 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. 26-77. Motion: Bruce Bole Second. Candace Kelly Curtis Ford For Bruce Bole (Moved BY) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Regular City Commission June 22, 2026 7. Motion passed S to 0. 6.B. Approve Resolution No. 26-78. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A TASK AUTHORIZATION TO CRAWFORD, MURPHY & TILLY, INC. TO DESIGN THE SIDEWALK IMPROVEMENTS FOR THE SAILFISH DRIVE MULTI -USE PATH PROJECT; 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. Item was pulled from the Consent agenda. Discussion ensued. MOTION: Table this item to August 10, 2026. Motion: Candace Kelly Second: Thomas Grant Discussion ensued. Curtis Ford Against Bruce Bole Against Thomas Grant (Seconded Bl) Against Candace Kelly (Moved By) For Jessica Ring Against Motion failed I to 4. MOTION: Approve Resolution (No.) 26-78. Motion: Bruce Bole Second. Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly Against Jessica Ring For Motion passed 4 to 1. COMMITTEE REPORTS None. Regular City Commission June 22, 2026 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-79 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING THE PUBLIC WORKS EQUIPMENT BUILDING PROJECT TO ATLANTIC COAST CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 26-79 Motion: Bruce Bole Second. Candace Kelly Discussion ensued. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. 8.11. RESOLUTION NO. 26-80 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE 2026 ANNUAL MILLING & PAVING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 26-80 Motion: Bruce Bole Second. Jessica Ring Discussion ensued. The meeting recessed at 7:54 PM and reconvened at 7:59 PM. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Regular City Commission June 22, 2026 Candace Kelly Jessica Ring (Seconded By) Motion passed S to 0. For For 8.C. RESOLUTION NO. 26-81 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND KEVIN HOGENCAMP AS CITY MANAGER; CONFIRMING THE COMMISSION'S PRIOR APPOINTMENT OF KEVIN HOGENCAMP AS CITY MANAGER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Discussion ensued. MOTION: Approve Resolution No. 26-81 Motion: Bruce Bole Second. Jessica Ring Discussion ensued. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant Against Candace Kelly For Jessica Ring (Seconded By) For Motion passed 4 to 1. 8.D. RESOLUTION NO. 26-82 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RESCINDING RESOLUTION NO. 26-60, WHICH AUTHORIZED THE CITY TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL EXECUTIVE RECRUITMENT SERVICES TO CONDUCT A SEARCH FOR A CITY MANAGER; PROVIDING FINDINGS; PROVIDING THAT RESOLUTION NO. 26-60 SHALL BE OF NO FURTHER FORCE OR EFFECT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 26-82. Motion: Bruce Bole Second. Jessica Ring Curtis Ford For Regular City Commission June 22, 2026 Bruce Bole (Moved By) For Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Motion passed S to 0. 8.E. RESOLUTION NO. 26-83 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE PAID PARKING PROGRAM AT BEACHES TOWN CENTER TO EXTEND THE FORMAL TERM THROUGH DEC. 31, 2026; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 26-83. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. 8.F. RESOLUTION NO. 26-85 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) AND THE CITY OF ATLANTIC BEACH FOR COASTAL HABITAT REHABILITATION AND RESTORATION PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED PROJECT AGREEMENTS CONSISTENT WITH THE TERMS OF THE MEMORANDUM OF AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 26-85. Motion: Jessica Ring Second: Candace Kelly Curtis Ford For Bruce Bole For Regular City Commission June 22, 2026 Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 5 to 0. 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 5-26-75, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, CITY FEES; AMENDING DIVISION 2, BUILDING CODE FEES, INCLUDING SECTION 2-500, SCHEDULE OF BUILDING PERMIT FEES; SECTION 2-501, SCHEDULE OF ELECTRICAL PERMIT FEES; SECTION 2-502, SCHEDULE OF PLUMBING PERMIT FEES; AND SECTION 2-503, SCHEDULE OF MECHANICAL AND GAS PERMIT FEES; AMENDING DIVISION 3, FIRE DEPARTMENT FEES, INCLUDING SECTION 2-510; CREATING A NEW DIVISION 4, PUBLIC WORKS FEES, INCLUDING SECTION 2-520, SCHEDULE OF PUBLIC WORKS PERMIT FEES; CREATING A NEW DIVISION 5, ZONING FEES, INCLUDING SECTION 2-530; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. MOTION: Adopt Ordinance No. 5-26-75 on first reading. Motion: Bruce Bole Second: Candace Kelly Discussion ensued. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed 5 to 0. 9.11. ORDINANCE NO. 5-26-76, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, CITY FEES, BY CREATING A NEW DIVISION 6, PARKS AND RECREATION FACILITY FEES, FOR THE PURPOSE OF CONSOLIDATING CITY FEES INTO A SINGLE CHAPTER OF THE CODE; AMENDING CHAPTER 5, BEACHES, PARKS, AND RECREATION, SECTION 5-32, USER FEES FOR PARKS AND RECREATION FACILITIES, TO REMOVE THE EXISTING FEE SCHEDULE, AND REFERENCE THE NEW FEE LOCATION IN CHAPTER 2; PROVIDING Regular City Commission June 22, 2026 FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. MOTION: Adopt Ordinance No. 5-26-76. Motion: Bruce Bole Second. Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. 9.C. ORDINANCE NO. 95-26-128, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND NATIVE VEGETATION, OF THE CODE OF ORDINANCES; AMENDING ARTICLE II, LANGUAGE AND DEFINITIONS, SECTION 23-8, DEFINITIONS, TO ADD A DEFINITION FOR LANDMARK LIVE OAK TREE; AMENDING ARTICLE IV, DIVISION 5, AREAS OF SPECIAL CONCERN, TO CREATE SECTION 23-42, LANDMARK LIVE OAK TREES, ESTABLISHING REGULATIONS, PRESERVATION STANDARDS, REMOVAL CRITERIA, RELOCATION REQUIREMENTS, AND MITIGATION REQUIREMENTS FOR LANDMARK LIVE OAK TREES; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. NDD Askew explained the ordinance and presented as detailed in a slideshow (which is attached hereto and made part of this official record as Attachment F). Discussion ensued. Mayor Ford requested that staff develop ordinance language addressing trees within and outside the building footprint, with greater specificity regarding the review process and timelines. 6-22-26 Attachment F MOTION: Amend Ordinance No. 95-26-128 to replace "landmark live oak trees" with all maritime forest species at a 20 -inch diameter breast height (DBH) criteria (and to adopt the Ordinance on first reading). Motion: Jessica Ring Second. Candace Kelly Discussion ensued. Regular City Commission June 22, 2026 Curtis Ford For Bruce Bole For Thomas Grant Against Candace Kelly (Seconded By) For Jessica Ring (Moved By) For Motion passed 4 to 1. Staff was directed to prepare revised ordinance language consistent with the adopted amendment for consideration at the second reading and public hearing at the next meeting. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER CM Hogencamp • Expressed appreciation for the Commission's decision regarding the employment agreement and reaffirmed a commitment to the community and organization. Mayor Ford • Thanked attendees who remained through the conclusion of the meeting. 13. ADJOURNMENT The meeting adjourned at 9:26 PM Attest: C jol ijt A Donna L. Bartle, City Clerk Date Approved: �) 3 Curtis Ford, Mayor Regular City Commission June 22, 2026 Attachment A to 22 2& NAodoij f tVg `a 6-22-26 Minutes Memorandum To: Atlantic Beach City Commission From: Holly L. Waters, Atlantic Beach Community Keepers RE: Revisions to Ordinance NO: 95-26-128 Thank you for your concern for the preservation of live oak trees in Atlantic Beach. We are asking that you consider the following revisions to the ordinance that will make it more comprehensive to protect the vital tree canopy in our city. o. Replace all live oak tree or live oak trees text with maritime trees. This will broaden the number and types of trees that are protected under the ordinance. Many other trees, such as cypress, red oak, and sycamore cover the canopy. o. Define the diameter of the trees to be protected at 20 inches. Anything more will continue to allow the continued clear cutting without the need for more justification. As you review this request, please note that in the first five (5) months of this year, 98 trees already have been removed and only 25 planted. A total of 1,327 inches of trees have been removed and only 254 inches planted. Removing trees that are 20 inches or more endangers the tree lined streets and canopy the residents of this city enjoy. Photos of tree canopies on streets in your districts are enclosed in this packet. Attachment A to 6-22-26 Minutes Replace all Live Oak tree or Live Oak trees with Maritime trees ORDINANCE NO. 95-26-128 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND NATIVE VEGETATION, OF THE CODE OF ORDINANCES; AMENDING ARTICLE 11, LANGUAGE AND DEFINITIONS, SECTION 23-8, DEFINITIONS, TO ADD A DEFINITION FOR LANDMARK EFV1OA TREE; AMENDING ARTICLE IV, DIVISION 5, AREAS OF SPECIAL CONCERN, TO CREATE SECTION 2342, LANDMARK LIVE OAK TREES, ESTABLISHING REGULATIONS, PRESERVATION STANDARDS, REMOVAL. CRITERIA, RELOCATION REQUIREMENTS, AND MITIGATION REQUIREMENTS FOR LANDMARK LIVE OAK TREES; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission conducted a 'Town Hall meeting on May 2, 2026, during which the preservation of the City's mature live oak tree canopy was identified as a community priority; and WHEREAS, the City Commission directed City staff to develop an expedited approach to strengthen protections for the City's most significant and mature live oak trees; and WHEREAS, mature live oak trees are among the City's most valuable natural resources and contribute substantially to the environmental, aesthetic, historic, and cultural character of the community; and WHEREAS, mature live oak trees provide significant public benefits, including stormwater interception, carbon sequestration, air quality improvement, urban heat island mitigation, wildlife habitat, and energy conservation; and WHEREAS, mature live oak trees enhance neighborhood character, increase property values, improve quality of life for residents, and contribute to the City's long-term environmental resilience; and WHEREAS, according to information published by the International Society of Arboriculture, live oak trees of substantial trunk diameter may be many decades to more than two centuries old, representing natural assets that cannot be readily replaced within a human lifetime; and WHEREAS, the loss of mature live oak canopy requires many decades to restore and may result in the permanent loss of environmental and community benefits; and WHEREAS, the City Commission finds that certain exceptionally large and mature live oak trees warrant special recognition and enhanced protection due to their age, size, ecological value, and contribution to the City's urban forest; and WHEREAS, the City Commission desires to establish a classification for such trees as "Landmark Live Oak Trees" and to designate those trees as regulated trees throughout the City; and WHEREAS, the City Commission finds that the removal of Landmark Live Oak Trees should be strongly discouraged and permitted only when demonstrated to be unavoidable or necessary under standards established by this ordinance; and Ordinance No. 5-26-75 Page 1 of 3 Attachment A to 6-22-26 Minutes WHEREAS, the City Commission further finds that relocation of Landmark Live Oak Trees, when determined to be feasible by qualified professionals, should be considered prior to approving removal in order to preserve these significant community resources; and WHEREAS, enhanced mitigation requirements are necessary, to account for the extraordinary value of Landmark Live Oak Trees and to discourage unauthorized removal; and WHEREAS, the City Commission finds that requiring review by the Community Development Board and final approval by the City Commission for the removal of Landmark Live Oak Trees promotes transparency, accountability, and protection of the public interest. NOW, THEREFORE, BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Code of Ordinances Amended to add a new definition to Section 23-8 and a new section 23-42. Amend Section 23-8 to add a new definition of a landmark oak tree and New Section 2342 - Landmark Oak trees is hereby added to the Code of Ordinances to the City of Atlantic Beach, Florida as follows: Section 23-8 definitions 2 0 i n e h e s Landmark live oak trees are live oaks at least (amount to be determined) inches of diameter at breast height (DBH) or greater. Section 23-42 Landmark Oak Trees Landmark live oak trees, as defined in Section 23-8, are considered regulated trees in all areas of the city, and their removal is strongly discouraged. Notwithstanding any state regulations to the contrary, a tree removal permit is required to remove any landmark live oak. If an applicant proposes removal based on a certified arborist's report deeming the tree a hazard to persons or property, the City will retain an independent, third -party arborist to evaluate the tree. Prior to approving any removal, the City reserves the right to require the relocation of the tree(s) at the applicant's sole expense. Final approval for removal must be granted by both the Community Development Board and the City Commission. If mitigation is authorized by the City Commission, the mitigation rate shall be (determined by the City Commission). If a landmark live oak is removed without a permit, the mitigation rate for that tree shall be (to be determined by the City Commission). Planting mitigation credits are only available for planting replacement live oaks with a minimum 4 -inch caliper, subject to prior City staff approval of a landscape plan. Landmark live oaks. Removal may be approved by the City Commission upon demonstration by the applicant that the development or construction activity cannot occur in any other location on the site, or that removal is unavoidable due to site conditions and/or design considerations beyond the control of the applicant. SECTION 2. Incorporation, Codification Scrivener's Errors. Conflict and Scverabilih. Ordinonce No. 5-26-75 Page 2 of 3 Attachment A to 6-22-26 Minutes WHEREAS, the City Commission further finds that relocation of Landmark Live Oak Trees, when determined to be feasible by qualified professionals, should be considered prior to approving removal in order to preserve these significant community resources; and WHEREAS, enhanced mitigation requirements are necessary to account for the extraordinary value of Landmark Live Oak Trees and to discourage unauthorized removal; and WHEREAS, the City Commission finds that requiring review by the Community Development Board and final approval by the City Commission for the removal of Landmark Live Oak Trees promotes transparency, accountability, and protection of the public interest. NOW, THEREFORE, BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Code of Ordinances Amended to add a new definition to Section 23-8 and a new section 23-42. Amend Section 23-8 to add a new definition of a landmark oak tree and New Section 2342 — Landmark Oak trees is hereby added to the Code of Ordinances to the City of Atlantic Beach, Florida as follows: Section 23-8 definitions 20 inches Landmark live oak trees are live oaks at least (amount to be determined) inches of diameter at breast height (DBH) or greater. Section 2342 Landmark Oak Trees Landmark live oak trees, as defined in Section 23-8, are considered regulated trees in all areas of the city, and their removal is strongly discouraged. Notwithstanding any state regulations to the contrary, a tree removal permit is required to remove any landmark live oak. If an applicant proposes removal based on a certified arborist's report deeming the tree a hazard to persons or property, the City will retain an independent, third -party arborist to evaluate the tree. Prior to approving any removal, the City reserves the right to require the relocation of the tree(s) at the applicant's sole expense. Final approval for removal must be granted by both the Community Development Board and the City Commission. If mitigation is authorized by the City Commission, the mitigation rate shall be (determined by the City Commission). If a landmark live oak is removed without a permit, the mitigation rate for that tree shall be (to be determined by the City Commission). Planting mitigation credits are only available for planting replacement live oaks with a minimum 4 -inch caliper, subject to prior City staff approval of landscape plan. Landmark live oaks. Removal may be approved by the City Commission upon demonstration by the applicant that the development or construction activity cannot occur in any other location on the site, or that removal is unavoidable due to site conditions and/or design considerations beyond the control of the applicant. SECTION 2. Incorporation, Codification. Scrivener's Errors. Conflict and Severabilitti. Ordinance No. 5-26-75 PogY 2 of 3 Attachment A to 6-22-26 Minutes (a) It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Atlantic Beach, Florida, and that the sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article," or other appropriate word. (b) The publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code Corporation (www.municode.com) is hereby directed to incorporate the revised and amended Code provisions provided herein into the City's Code of Ordinances. Sections of Chapter 5 may be renumbered or re -lettered and scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical errors in Chapter 5 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 -codified copy of same with the City Clerk. (c) All Ordinances, Resolutions, Code of Ordinances or parts of thereof in conflict herewith are hereby repealed to the extent of such conflict. (d) If any word, phrase, clause, subsection, or section of this Ordinance is for any reason held unconstitutional or invalid by a court of competent jurisdiction, the invalidity thereof shall not affect the validity of any remaining portions of the Ordinance. SECTION 3. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of _ _,2026. PASSED by the City Commission on second and final reading this day of _ _, 2026. CITY OF ATLANTIC BEACH Curtis Ford, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Ordinance No. 5-16-75 Page 3 of 3 .. WILERIC ic �..•., •��• :.'. �� .. x -aj(�` _ - .. � :,� i ,� ';,;� r �"rte 'Nv All - - W&T TY T io — p ��. _ ww i• �{�. 4_0 • 1 t; '_ � ~ ~�:i ><'S1 T.i� Q -'tea. 4'���i�`Q. T 4��; y,•G-d$� � .: -' a R ' a "` `v�rfl �� �' � > ate' •,.,. +, .. �. f F Tq ir s • `tom •may, ` _ r wt mmo— 9-i , ki 46 ,�.fi yam$ �ia .J �' � `'t ..w� a.`�� �is �iY • ,• �. � �/',.. i� ^;.I - ..f �R��-r �. `i�\+. 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Attachment C to 6-22-26 Minutes Public Comment: Ordinance No. 95-26-128 Atlantic Beach City Commission Meeting— June 22, 2026 Why Ordinance No. 95-26-128 Should Cover Ail Maritime Species at 20" DBH Frarnftf"Isordlmnce The community did not say only large live oaks, at the May Town Hall there were double the comments for canopy level protection than those for only live oaks Not an overreach -- Commission will not be overreaching with this amended motion it will be responding to its community, fulfilling its stated vision of protecting community character, and doing its job for long term resiliency and protecting property values for its residents (not spec builders/developers) ■ AB is on the cusp of a demographic shift: 34% of our population is 60 or older. As this generation transitions, their properties— many with decades-otd canopy — will be sold. Without protection now, spec builders will maximize lot yield and remove trees at rates that will permanently alter the character of this city.Longer droughts and intense short term rainfall will increase newly planted trees mortality rate (aka fewer planted trees will make it to maturity resulting in more canopy loss) More time needed - Respectfully I do not believe Commission needs to add six months to consider broadening this ordinance to 20" DBH and all maritime species. Data supports, staff supports, and ESC supports this action ■ Canopy loss is measurable and accelerating while impervious surface is increasing. That's more heat, more runoff, and more vulnerability for every resident. The community is literally getting hotter. Protecting only one species at a very high size threshold does nothing to stop this trend. o Th --50" live oak threshold is borrowed from a lural county. The Mayor cited Alachua County, which uses a 45" threshold — but Alachua County is far more rural and Less intensively developed than Atlantic Beach. AB's built out density demands a more protective standard. 31 species protected,notjust one. The City's Recommended Tree List shows that 31 species can reach 20" DBH — including Bald Cypress (up to 600 -year lifespan), Hickories (200-300 years), American Elm (up to 300 years), Tupelo, Magnolia, Shumard Oak, Long -leaf Pine, and American Holly. Despite being mentioned, water oaks (Quercus nigra) are not on the city's recommended list. Limiting protection to only live oaks alone abandons the rest of this irreplaceable biodiverse maritime canopy. Also, just as a reference point, the majority of homes in Atlantic Beach are not as old as AB's larger trees — roughly 62% of the building stock was constructed between 1970 and 1999. H.,Wr* anis, Aeew M aw■ea Aftft W■ah FL A lone majestic llYe oa.k is vulnerable. A lone large live oak standing without neighboring trees is dramatically more vulnerable to wind damage, flooding, and storm failure. Canopy functions as an ecosystem. ON To wrap up • The urgency is real and it is vital for the Commission to take action now. • 1 urge you to amend tonight's ordinance to include all maritime species at 20" DBH and vote yes on this amendment. Attachment D to 6-22-26 Minutes CITY OF ATLANTIC BEACH OFFICE OF THE CITY MANAGER 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5817 City Manager's Community Update Date: June 22, 2026 To: The Atlantic Beach Community and City Commission From: Kevin Hogencamp, City Manager/khogencamp(cbcoab.us O� ptLANTj� dF, u` s CENTENNIAL Est 1925 This report provides an update on primary administrative and community -focused initiatives under way at City Hall. Our office remains focused on maintaining momentum across key programming, infrastructure, environmental, and intergovernmental projects. City Manager's Community Updates, including related links, are available on the City's website and across official digital channels. Key Community, Infrastructure Updates • Marsh Oaks Community Center: In addition to inviting an open dialogue on any topic at the July 18 town hall meeting, we will actively seek community input regarding parks master planning and specific programming opportunities for the Marsh Oaks Community Center. The 10 a.m. town hall is scheduled to be held at Baker Community Center; however, staff will relocate the meetingto the Marsh Oaks Community Center if the facility is available. • Centennial / America 250 Celebration: This family -friendly celebration, which marks a historic double milestone for our community, is scheduled from 10 a.m. to 2 p.m. Saturday, July 11, at Beaches Veterans Memorial Park. As the third of three signature events celebrating our city's centennial, the official ceremony will kick off at 10:30 a.m. with a presentation by the Beaches Honor Guard and remarks from Florida Secretary of State Cord Byrd and Capt. Mike Trumbull, Commanding Officer of Naval Station Mayport. A reading of the Declaration of Independence and patriotic music will follow. Afternoon festivities include live musical entertainment by Kalani Rose, a Polynesian hula luau show, interactive juggling demonstrations, a photo booth, and local food and mocktail vendors. • Beaches Town Center Streetlight Replacement: Beaches Town Center Agency representatives are continuing to finalize the proposed purchase and installation details for new street lighting. Upon completion of the Agency's project planning, the cities of Atlantic Beach and Neptune Beach are prepared to proceed jointly with the procurement process. • Budget Workshops: Staff is preparing a "FY 2026-27 Opportunities and Challenges" overview for the upcoming budget workshop on Monday, June 29. An overview of Attachment D to 6-22-26 Minutes staff's proposed spending plan will be presented at the Monday, July 20 workshop, and a third workshop is scheduled for Wednesday, Aug. 19. These sessions precede the Commission's formal adoption of the budget and millage rate in September. Public input is welcome throughout the entire budget process. Each workshop begins at 6 p.m. • Ashby Park Update: While the City's parks master plan, capital improvement plan, and FY 2025-26 budget originally outlined adding modern amenities to Ashby Park, strong resident feedback has prompted staff to halt that initiative. Unless upcoming parks master planning results indicate otherwise, the park will remain a passive green space. • Mayport Road Multi -Modal Improvement Project: Construction is underway on the Florida Department of Transportation's (FDOT) $9.6 million safety and traffic -calming project. While FDOT officials previously stated that lane closures would be restricted to nighttime hours (8 p.m. to 6 a.m.) to minimize commuter disruption, they have since clarified that some daytime lane closures are necessary. As a result, drivers should anticipate traffic delays. Most notably, the westbound ramp from Mayport Road to Atlantic Boulevard will remain closed until August or September. • Sturdivant Road, Ahern Drive Improvements: Concurrent infrastructure improvements to expand local pedestrian and bicycle networks by converting standard sidewalks into wider multi -use paths are under way. Construction activity is focused along Sturdivant Avenue between Seminole Road and Sherry Drive, as well as Ahern Street between Sherry Drive and East Coast Drive. Additionally, the work on Ahern Street between East Coast Drive and Ocean Boulevard includes vital stormwater system upgrades to significantly enhance local drainage. Residents and visitors should anticipate standard construction activity, intermittent road closures, and temporarily reduced public parking during active project hours. • Sherman Creek Dredging Funding: Federal FY 2026-27 legislation passed out of Committee includes the City of Atlantic Beach's $1 million community funding request for the Sherman Creek Water Quality Project. While significant legislative steps remain, the project is in an excellent position. This federal funding is independent of the $650,000 state appropriation request currently awaiting the Governor's signature. Neighborhoods Department • Tennis Courts Upgrade: The Jack Russell Park tennis court resurfacing, windscreen replacement, and drainage improvement project is now complete. • Free Tennis Clinic: The Recreation Division is hosting a free tennis clinic for beginners from 9 to 11 a.m. Saturday, June 27, at Jack Russell Park. • "The Nature of Oaks" Presentation: The Environmental Stewardship Committee will host a special video presentation at 6 p.m. Thursday, July 9, highlighting why oak trees are a vital component of local wildlife habitats in Atlantic Beach. 2 Attachment D to 6-22-26 Minutes • Arts, Recreation, and Culture Grants: The aRR cation window for FY 2026-27 municipal funding to support programs benefiting Atlantic Beach residents is open through July 27. CITY OF ATLANTIC BEACH Mission The place to be -- through exceptional public services. 2040 Vision In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care deeply about community character, and we understand that unified support is required to preserve it. We are graced with the functional beauty of our beach, our marsh, and our tree canopy. Our shady streets and multi -use paths connect our welcoming neighborhoods and vibrant local businesses. Our city supports our diverse, multigenerational, socially linked community with green spaces, active lifestyles, parks, and programming. City Commission Priorities In 2018, the Atlantic Beach City Commission began undertaking an annual exercise that establishes priorities for citygovernment. This endeavor is facilitated by Atlantic Beach resident Linda Lanier, who volunteers her services. 3 Attachment E to 6-22-26 Minutes SPONSORED BY: COUNCILMEMBER BRENT ROGERS CITY OF NEPTUNE BEACH CITY COUNCIL MEETING STAFF REPORT Special Meeting Agenda Item #4A Live Local Act AGENDA ITEMS: Facilitation of Sponsorship of Amendment to F.S. 166.04151 ("Live Local Act") SUBMITTED BY: Paul Waters, City Attorney Sponsored by Councilmember Brent Rogers DATE: June 10, 2026 BACKGROUND: Councilmember Rogers has requested State Representative Michael sponsor an amendment to F.S. 166.04151 ("Live Local Act"). To facilitate this sponsorship, the council is requested to give Mayor Bylund authority to draft a letter to Representative Michael in support f amendment of the Live Local Act for the following reasons: - The current language of the Live Local Act presents distinct implementation challenges for certain highly specialized coastal environments due to their unique geographical and infrastructural limitations; - The mandatory preemption of limited commercial zones for high-density, multi -family housing under the Live Local Act's current language permanently diminishes the available land required for local retail and economic activity, eroding the municipal tax base and forcing residents to travel off -island for basic goods and services; - The unique architectural character, historical charm, and delicate coastal ecology of Florida's smallest beach towns are irreplaceable economic drivers for regional tourism and are fundamentally incompatible with high-density, urban - style residential zoning; - A targeted opt -out provision for municipalities that are located on a coastal barrier island, encompass less than 10 square miles of land, and house fewer than 25,000 residents would narrowly protect Florida's most vulnerable beach communities without undermining the broader, statewide goals of the Live Local Act 9 Attachment E to 6-22-26 Minutes RECOMMENDATION: Approve granting Mayor Bylund authority to draft a letter o Representative Michael supporting amendment of the Live Local Act in accordance with attached language. ATTACHMENTS: Suggested amendment to F.S. 166.04151. 10 Attachment E to 6-22-26 Minutes The following language is suggested for amendment of F.S. 166.0415: 166.04151 Affordable housing.— (i) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations. (j) A municipality may opt out of any provision of this section by resolution or ordinance, if said municipality: (1) Is located on a coastal barrier island as defined in s. 161.053(1)(b)3.: (2) Has a land area of less than 10 square miles: and (3) Has less than 25,000 residents. (j)DI 1. Nothing in this subsection precludes a municipality from granting a bonus, variance, conditional use, or other special exception to height, density, or floor area ratio in addition to the height, density, and floor area ratio requirements in this subsection. 11 Attachment tE to Statutes & Cons�i>?uTi. \M1 i �iatstes :Online Sunshine Select Year: 2025 ^ -Go-I The 2025 Florida Statutes Title XII Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.04151 Affordable housing. - 6/10/26, 10:10 AM (1) Notwithstanding any other provision of law, a municipality may adopt and maintain in effect any law, ordinance, rule, or other measure that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing or linkage fee ordinances. (2) An inclusionary housing ordinance may require a developer to provide a specified number or percentage of affordable housing units to be included in a development or allow a developer to contribute to a housing fund or other alternatives in lieu of building the affordable housing units. (3) An affordable housing linkage fee ordinance may require the payment of a flat or percentage -based fee, whether calculated on the basis of the number of approved dwelling units, the amount of approved square footage, or otherwise. (4) In exchange for a developer fulfilling the requirements of subsection (2) or, for residential or mixed-use residential development, the requirements of subsection (3), a municipality must provide incentives to fully offset all costs to the developer of its affordable housing contribution or linkage fee. Such incentives may include, but are not limited to: (a) Allowing the developer density or intensity bonus incentives or more floor space than allowed under the current or proposed future land use designation or zoning; (b) Reducing or waiving fees, such as impact fees or water and sewer charges; or (c) Granting other incentives. 1(5) Subsection (4) does not apply in an area of critical state concern, as designated by s. 380.0552 or chapter 28-36, Florida Administrative Code. 1(6) Notwithstanding any other law or local ordinance or regulation to the contrary, the governing body of a municipality may approve the development of housing that is affordable, as defined in s. 420.0004, including, but not limited to, a mixed-use residential development, on any parcel zoned for commercial or industrial use, or on any parcel, including any contiguous parcel connected thereto, which is owned by a religious institution as defined in s. 170.201(2) which contains a house of public worship, regardless of underlying zoning, so long as at least 10 percent of the units included in the project are for housing that is affordable. The provisions of this subsection are self-executing and do not require the governing body to adopt an ordinance or a regulation before using the approval process in this subsection. i (7)(a) A municipality must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use, and in portions of any flexibly zoned area such as a planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable as https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0166/Sections/0166,04151.htmI Page 1 of 6 12 gAttaa�-chm��ent tE to Statutes & Consli>?uTon : , �i�tstes :Online Sunshine 6/10/26, 10:10AM defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, transfer of density or development units, amendment to a development of regional impact, amendment to a municipal charter, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. The municipality may not require that more than 10 percent of the total square footage of such mixed-use residential projects be used for nonresidential purposes. (b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highest currently allowed, or allowed on July 1, 2023, density on any land in the municipality where residential development is allowed under the municipality's land development regulations. For purposes of this paragraph, the term "highest currently allowed density" does not include the density of any building that met the requirements of this subsection or the density of any building that has received any bonus, variance, or other special exception for density provided in the municipality's land development regulations as an incentive for development. For purposes of this paragraph, "highest currently allowed, or allowed on July 1, 2023," means whichever is least restrictive at the time of development. (c) A municipality may not restrict the floor area ratio of a proposed development authorized under this subsection below 150 percent of the highest currently allowed, or allowed on July 1, 2023, floor area ratio on any land in the municipality where development is allowed under the municipality's land development regulations. For purposes of this paragraph, the term "highest currently allowed floor area ratio" does not include the floor area ratio of any building that met the requirements of this subsection or the floor area ratio of any building that has received any bonus, variance, or other special exception for floor area ratio provided in the municipality's land development regulations as an incentive for development. For purposes of this subsection, the term "floor area ratio" includes floor lot ratio and lot coverage. (d)1. A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building located in its jurisdiction within 1 mile of the proposed development or three stories, whichever is higher. For purposes of this paragraph, the term "highest currently allowed height" does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the municipality's land development regulations as an incentive for development. 2. If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the municipality may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed, or allowed on July 1, 2023, height for the property provided in the municipality's land development regulations, or three stories, whichever is higher, not to exceed 10 stories. For the purposes of this paragraph, the term "adjacent to" means those properties sharing more than one point of a property line, but does not include properties separated by a public road or body of water, including manmade lakes or ponds. For a proposed development located within a municipality within an area of critical state concern as designated by s. 380.0552 or chapter 28-36, Florida Administrative Code, the term "story" includes only the habitable space above the base flood elevation as designated by the Federal Emergency Management Agency in the most current Flood Insurance Rate https:/lwww.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-019910166ISectionsIO166.04151.html Page 2 of 6 13 gAtta�chm�ent E to Statutes & Con stiatutiionsVid'w �*Tatstes :Online Sunshine 6/10/26, 10:10 AM Map. A story may not exceed 10 feet in height measured from finished floor to finished floor, including space for mechanical equipment. The highest story may not exceed 10 feet from finished floor to the top plate. 3. If the proposed development is on a parcel with a contributing structure or building within a historic district which was listed in the National Register of Historic Places before January 1, 2000, or is on a parcel with a structure or building individually listed in the National Register of Historic Places, the municipality may restrict the height of the proposed development to the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building located in its jurisdiction within three-fourths of a mile of the proposed development or three stories, whichever is higher. The term "highest currently allowed" in this paragraph includes the maximum height allowed for any building in a zoning district irrespective of any conditions. (e)1. A proposed development authorized under this subsection must be administratively approved without further action by the governing body of the municipality or any quasi-judicial or administrative board or reviewing body if the development satisfies the municipality's land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, floor area ratios, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements. A proposed development located within one-quarter mile of a military installation identified in s. 163.3175(2) may not be administratively approved. Each municipality shall maintain on its website a policy containing procedures and expectations for administrative approval pursuant to this subsection. For purposes of this paragraph, the term "allowable density" means the density prescribed for the property in accordance with this subsection without additional requirements to procure and transfer density units or development units from other properties. 2. The municipality must administratively approve the demolition of an existing structure associated with a proposed development under this subsection, without further action by the governing body of the municipality or any quasi-judicial or administrative board or reviewing body, if the proposed demolition otherwise complies with all state and local regulations. 3. If the proposed development is on a parcel with a contributing structure or building within a historic district which was listed in the National Register of Historic Places before January 1, 2000, or is on a parcel with a structure or building individually listed in the National Register of Historic Places, the municipality may administratively require the proposed development to comply with local regulations relating to architectural design, such as facade replication, provided it does not affect height, floor area ratio, dor density of the proposed development. (f)1. A municipality must, upon request of an applicant, reduce parking requirements for a proposed development authorized under this subsection by 15 percent if the development: a. Is located within one-quarter mile of a transit stop, as defined in the municipality's land development code, and the transit stop is accessible from the development; b. Is located within one-half mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian -friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features; or c. Has available parking within 600 feet of the proposed development which may consist of options such as on -street parking, parking lots, or parking garages available for use by residents of the proposed development. However, a municipality may not require that the available parking compensate for the reduction in parking https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0166/Sections/0166.04151.htmi Page 3 of 6 14 Attachment E to Statutes & Cons�ORion : , �fi�tstes :Online Sunshine 6/10/26, 10:10AM requirements. 2. A municipality must eliminate parking requirements for a proposed mixed-use residential development authorized under this subsection within an area recognized by the municipality as a transit -oriented development or area, as provided in paragraph (h). 3. For purposes of this paragraph, the term "major transportation hub" means any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options. (g) A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use must authorize a proposed multifamily development as provided in this subsection in areas zoned for commercial or industrial use only if the proposed multifamily development is mixed-use residential. (h) A proposed development authorized under this subsection which is located within a transit -oriented development or area, as recognized by the municipality, must be mixed-use residential and otherwise comply with requirements of the municipality's regulations applicable to the transit -oriented development or area except for use, height, density, floor area ratio, and parking as provided in this subsection or as otherwise agreed to by the municipality and the applicant for the development. (i) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations. (j)1. Nothing in this subsection precludes a municipality from granting a bonus, variance, conditional use, or other special exception to height, density, or floor area ratio in addition to the height, density, and floor area ratio requirements in this subsection. 2. Nothing in this subsection precludes a proposed development authorized under this subsection from receiving a bonus for density, height, or floor area ratio pursuant to an ordinance or regulation of the jurisdiction where the proposed development is located if the proposed development satisfies the conditions to receive the bonus except for any condition which conflicts with this subsection. If a proposed development qualifies for such bonus, the bonus must be administratively approved by the municipality and no further action by the governing body of the municipality is required. (k) Notwithstanding any other law or local ordinance or regulation to the contrary, a municipality may allow an adjacent parcel of land to be included within a proposed multifamily development authorized under this subsection. (l) The court shall give any civil action filed against a municipality for a violation of this subsection priority over other pending cases and render a preliminary or final decision as expeditiously as possible. (m) If a civil action is filed against a municipality for a violation of this subsection, the court must assess and award reasonable attorney fees and costs to the prevailing party. An award of reasonable attorney fees or costs pursuant to this subsection may not exceed $250,000. In addition, a prevailing party may not recover any attorney fees or costs directly incurred by or associated with litigation to determine an award of reasonable attorney fees or costs. (n) As used in this subsection, the term: 1. "Commercial use" means activities associated with the sale, rental, or distribution of products or the performance of services related thereto. The term includes, but is not limited to, such uses or activities as retail sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; public lodging establishments as described in s. 509.242(1)(a); food service vendors; sports arenas; theaters; tourist attractions; and other for-profit business activities. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is considered commercial use for the purposes of this section, https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0166/Sections/0166.04151.htmI Page 4 of 6 15 Attachment E to Statutes & Con s�itutiion : , �4f?tstes :Online Sunshine 6/10/26, 1010AM irrespective of the local land development regulation's listed category or title. The term does not include home- based businesses or cottage food operations undertaken on residential property, public lodging establishments as described in s. 509.242(1)(c), or uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not commercial use, irrespective of how they are operated. 2. "Industrial use" means activities associated with the manufacture, assembly, processing, or storage of products or the performance of services related thereto. The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is considered industrial use for the purposes of this section, irrespective of the local land development regulation's listed category or title. The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not industrial use, irrespective of how they are operated. 3. "Mixed use" means any use that combines multiple types of approved land uses from at least two of the residential use, commercial use, and industrial use categories. The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not mixed use, irrespective of how they are operated. 4. "Planned unit development" has the same meaning as provided in s. 163.3202(5)(b). (o) This subsection does not apply to: 1. Airport -impacted areas as provided in s. 333.03. 2. Property defined as recreational and commercial working waterfront in s. 342.201(2)(b) in any area zoned as industrial. 3. The Wekiva Study Area, as described in s. 369.316. 4. The Everglades Protection Area, as defined in s. 373.4592(2). (p) This subsection expires October 1, 2033. (8) Any development authorized under paragraph (7)(a) must be treated as a conforming use even after the expiration of subsection (7) and the development's affordability period as provided in paragraph (7)(a), notwithstanding the municipality's comprehensive plan, future land use designation, or zoning. If at any point during the development's affordability period the development violates the affordability period requirement provided in paragraph (7)(a), the development must be allowed a reasonable time to cure such violation. If the violation is not cured within a reasonable time, the development must be treated as a nonconforming use. (9)(a) Except as provided in paragraphs (b) and (d), a municipality may not enforce a building moratorium that has the effect of delaying the permitting or construction of a multifamily residential or mixed-use residential development authorized under subsection (7). (b) A municipality may, by ordinance, impose or enforce such a building moratorium for no more than 90 days in any 3 -year period. Before adoption of such a building moratorium, the municipality shall prepare or cause to be prepared an assessment of the municipality's need for affordable housing at the extremely -low-income, https://www,leg.state.fl,uslstatuteslindex.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0166/Sections/0166.04151.html Page 5 of 6 16 Attachment tE to Statutes & Cons�iRion6View �i�tstes :Online Sunshine 6/10/26, 10:10 AM very -low-income, low-income, or moderate -income limits specified in s. 420.0004, including projections of such need for the next 5 years. This assessment must be posted on the municipality's website by the date the notice of proposed enactment is published and must be presented at the same public meeting at which the proposed ordinance imposing the building moratorium is adopted by the governing body of the municipality. This assessment must be included in the business impact estimate for the ordinance imposing such a moratorium required by s. 166.041(4). (c) If a civil action is filed against a municipality for a violation of this subsection, the court must assess and award reasonable attorney fees and costs to the prevailing party. An award of reasonable attorney fees or costs pursuant to this subsection may not exceed $250,000. In addition, a prevailing party may not recover any attorney fees or costs directly incurred by or associated with litigation to determine an award of reasonable attorney fees or costs. (d) This subsection does not apply to moratoria imposed or enforced to address stormwater or flood water management, to address the supply of potable water, or due to the necessary repair of sanitary sewer systems, if such moratoria apply equally to all types of multifamily or mixed-use residential development. (10)(a) Beginning November 1, 2026, each municipality must provide an annual report to the state land planning agency which includes: 1. A summary of litigation relating to subsection (7) that was initiated, remains pending, or was resolved during the previous fiscal year. 2. A list of all projects proposed or approved under subsection (7) during the previous fiscal year. For each project, the report must include, at a minimum, the project's size, density, and intensity and the total number of units proposed, including the number of affordable units and associated targeted household incomes. (b) The state land planning agency shall compile the information received under this subsection and submit the information to the Governor, the President of the Senate, and the Speaker of the House of Representatives annually by February 1. History. --s. 15, ch. 2001-252; s. 9, ch. 2019-165; s. 6, ch. 2020-27; s. 2, ch. 2022-176; s. 5, ch. 2023-17; s. 2, ch. 2024-188; s. 2, ch. 2025-172. 1 Note.—Section 43, ch. 2023-17, provides: "(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under s. 120.54(4), Florida Statutes, for the purpose of implementing provisions related to the Live Local Program created by this act. Notwithstanding any other law, emergency rules adopted under this section are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules. "(2) This section expires July 1, 2026." 2Note.—The word "or" was substituted for the word "of" by the editors to conform to context. Copyright © 1995-2026 The Florida Legislature • Privacy Statement • Contact Us https://www.leg.state.fI.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0166/Sections/0166.04151.htmI Page 6 of 6 17 Attachment F to 6-22-26 Minutes TREE DATA SUMMARY Month Permit Applications Total Trees Removed with Permits Total Inches Removed with Permits Proposed Trees Planted Proposed Inches Planted Proposed Mitigation Payments Jan -26 2 28 358 13 114 $ 100,817.00 Feb -26 4 5 82 0 0 $ 18,009.50 Mar -26 5 19 236 8 85 $ 61,992.50 Apr -26 5 21 244 4 55 $ 58,372.50 May -26 8 25 407 0 0 $ 57,603.50 Jun -26 Jul -26 Aug -26 Sep -26 Oct -26 Nov -26 Dec -26 YTD 24 98 IL1327 J 25 254 $296,795.00 Tree fund balance $613,835 as of 6/1/2026 YTD TREES PLANTED 65 YTD TREES REMOVED 209 Prepared by COAB Staff Arborist Letters Received Total Trees Removed by Arborist Letters 11 16 16 42 9 10 12 14 15 29 63 111 ADOPT A TREES PLANTED SPRING 25 40 FALL 25 40 Attachment F to 6-22-26 Minutes Live Oak Permits 2025 to 2026 (May) Live Oak Size Permits 2025 Permits 2026 8-14" DBH 57 0 15-20" DBH 13 0 21-30" DBH 13 2 31-40" DBH 3 0 41-50" DBH 0 2 51-60" DBH 0 0 61-70" DBH 1 0 Total oaks removed 87 4 � � • �'fw �t t- -moi - � ` .,�i w ..�,, '�i � `.� I =��,n"j. ..e 1f "A�� �t�i�C.� � Nr<• �+}��� .•dZ , fr� � �b .. l� 2 UPBH Oak ;V s a Xi jI ­i \'M1 �•s�•.y� oilr t '.� �,' a7' Y3�S1 .r. 4 k C ��• Zp 64M. 1L k- ��t r �,; •"Live Oak try.'. 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