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08-09-04 v MINUTES REGULAR CITY COMMISSION MEETING AUGUST 9, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve Mayor Pro Tem Richard Beaver Commissioner Paul B. Parsons Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III City Manager Jim Hanson City Clerk Maureen King City Attorney Alan C. Jensen Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Special Called and Regular Meetings of July 26, 2004 Motion: Approve Minutes of the Special Called and Regular Meetings of July 26, 2004 as presented. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors GAI Mayport Road A. GAI to present Mayport Road Traffic Analysis Report Traffic Analysis Report Ron Hoogland, P.E. with GAI Consultants presented a brief overview of the plans to construct medians on Mayport Road between Atlantic Boulevard and Dutton Island Road. The following topics were covered in the report: Median openings and intersection traffic counts, typical section alternatives, average annual daily traffic (AADT) volume, level of service (LOS), project status and FDOT indications from their review of the project. It was pointed out that two public hearings would be required if the project is approved, and. the City of Jacksonville has approximately $1M from the Town Center Grant fund available for the project. A copy of the report is attached and made part of this official record as Attachment A. August 9, 2004 REGULAR COMMISSION MEETING Page 2 " ~ Recognition of Mary B. Recognition of Mary Walker for her service on the Community Walker Development Board Mayor Meserve thanked Mrs. Walker for her many years of dedicated service on the Community Development Board and wished her well in the future. Hallie Fussell of 1588 Ocean Boulevard objected to creating extra parking in Mandalay Park. She believed the added parking would increase traffic in the area and with that would come an increase in trash. Richard Ouellette of 1060 Seminole Road believed the 10th Street parking issue and the proposed parking spaces in Mandalay Park should be treated separately. He believed Mandalay Park should be retained as a green space and objected to the creation of any parking spaces. Kelly Elmore of 1650 Beach Avenue inquired as to the status of the parking for 10th Street and Mandalay Park. He indicated that no meeting with residents had been held and requested that a workshop be scheduled to receive their input. He believed there was no need for new parking in Mandalay Park and requested that the grape vines in the park be removed to keep them from choking the live oaks. Tom Petway of 1660-1 Beach Avenue believed it would set a bad policy for the city to lease any parking spaces to the residents of the Island Club Condominium. He believed the Mandalay Park parking spaces should not be used to mitigate the 10th Street parking spaces and requested that the two parking issues be considered separately. Mayor Meserve stated that no action would be taken relative to Item 8E, and indicated that a presentation of a conceptual design to create parking spaces would be given. The Mayor indicated that both items would be considered at future meetings and public notice would be given. Valerie Britt of the Pablo Point Civic Association spoke in opposition to the city's proposed Comprehensive Plan amendments and distributed information concerning her objections. She expressed concern for the well being of her area relative to increased population and traffic in the Coastal High Hazard Area of Atlantic Beach. A copy of the information is attached and made part of this official record as Attachment B. J.P. Marchioli of 414 Sherry Drive commented on the following: (1) Stated he was happy that funding for construction of a rear entrance to the Post Office was available, (2) Reported speeding on Sherry Drive is still a •.. problem, and (3) Suggested that the Mayport Road medians project be place on hold until the impact of Wonderwood Road improvements is known. August 9, 2004 REGULAR COMMISSION MEETING Page 3 Retha Rowe of 901 Ocean Boulevard requested that the Commissioners not waive the regulations pertaining to short-term rentals for the Super Bowl (Item 8B). Stephen Kuti of 1132 Linkside Drive commented on the following: (1) Commented on the growth occurring on the north side of Jacksonville and believed the Wonderwood Expressway would become a major thoroughfare for residents coming to the beach from that area, (2) Believed Mayport Road should be left the way it is with six lanes due to the potential for increased traffic, and (3) Suggested that the residents of the Island Club Condominiums work out a parking arrangement with Sea Place Condominiums. Sally Clemens of 1638 Park Terrace West spoke regarding development on Johnston Island and stated that during the July12, 2004 Commission Meeting most people spoke against changing the future land use map designation for that property from Conservation to Residential, Medium Density. She believed the Commissioners should listen to the citizens of Atlantic Beach and only allow the property to be developed under the Conservation zoning regulations, which were in place when the property was purchased. Mimi Ames of 1614 Park Terrace West believed Johnston Island should retain the Conservation zoning designation, and the Commissioners should place the wishes of the residents of Atlantic Beach before those of the developers. Barbara Mears of 1604 Coquina Place commented that sand parking already existed at Mandalay Park. She believed the proposed additional parking at Mandalay Park was directly related to the Island Condominium owners' request and thought there was no need for the additional parking at the park. Bob Parrish of 1731 Beach Avenue spoke against the city leasing any parking spaces on 10th Street and adding any parking spaces in Mandalay Park. Mr. Parrish believed the additional parking spaces in Mandalay Park would lead to the park being "trashed." Commissioner Beaver requested that Item 8E be moved forward on the agenda. E. Presentation of conceptual design to create parking spaces at Mandalay Park (City Manager) ~•.. Public Works Director Rick Carper stated that in May, Commissioner Waters approached him concerning parking in Mandalay Park. He August 9, 2004 REGULAR COMMISSION MEETING Page 4 explained how the city acquired the property and presented sketches showing the proposed park design. Various parking options were displayed. Mr. Carper pointed out that an eight-foot wide bike path, a beach shower and eight additional oak trees were included with the parallel parking spaces option. Commissioner Waters believed the property should serve a public purpose and parking was needed for all residents to access the beach. He pointed out that the federal government regularly spends millions of dollars for beach renourishment and indicated that there was a $250,000 beach access at 16`h Street and no one could park and use it. He stated that he understood the problems with living next to a beach access, but requested that the Commissioners consider what would best serve all of the citizens of Atlantic Beach. Discussion ensued concerning the Mandalay parking. Commissioner Parsons stated that he did not like parking on the east side of the park and pointed out that people already park at the park. He also believed that no parking should be given up at 10`h Street. Commissioner Beaver reiterated his opposition to leasing parking spaces at 10`h Street and stated he saw no need to make changes to Mandalay Park ~''' since it was already being used for parking. Mayor Meserve said he was not opposed to putting some parking at Mandalay Park to provide access to the beach for residents and to enhance the area. He indicated that he did not want the Mandalay Park and 10`" Street parking issues linked to each other. Commissioner Simmons commented that there appeared to be no neighborhood consensus concerning the proposed park improvements and she urged those residents to see if they could come to an agreement as to how they would like the area improved. She suggested that the park would be cleaner and neater if the sand parking was replaced with paved parking. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting None. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of the monthly report of new Occupational Licenses and Utility Department Project Status Report (City Manager) B. Award a contract for Plaza Road Bike Path construction to Walding Co. in the amount of $156,376.00 and defer the Aucust 9 2004 REGULAR COMMISSION MEETING Page 5 construction of the Seminole Road Bike Path to next fiscal year (City Manager) Motion: Approve Consent Agenda Items A and B as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports Curtis Sanders, Chair of the Code Enforcement Board, provided information on the jurisdiction of the Code Enforcement Board and terms of the Board Members. He commended Code Enforcement Officer Sherrer for his work to encourage violators to come into compliance with city codes and provided statistical data concerning Code Enforcement activities. Mr. Sanders requested Commission consideration be given to appointing alternates to serve on the Code Enforcement Board. Resolutions 6. Action on Resolutions: None. 7. Action on Ordinances None. 8. Miscellaneous Business A. Action on a request for a waiver from the sign regulations to allow a hanging bracket sign to encroach into city right-of--way and extend closer to the property line than five feet for Ocean 60 restaurant located at 60 Ocean Boulevard within the Town Center area of the Central Business District (City Manager) Motion: Dent/ request for a waiver from the sign regulations to allow a hanging bracket sign to encroach into the city right-of--way and extend closer to the property line than five feet for Ocean 60 restaurant located at 60 Ocean Boulevard. Moved by Waters, seconded by Beaver August 9 2004 REGULAR COMMISSION MEETING Page 6 Duane Holden, General Manager of Ocean 60 restaurant, stated that the request for the hanging bracket sign was being made because restaurant patrons often called stating they could not find the restaurant. Discussion of the request ensued. Commissioner Beaver believed the Town Center Agency should review the use of bracket signs and set standards for this type of sign if they were to be allowed. Upon further discussion, Commissioner Beaver withdrew his second and Commissioner Waters withdrew his motion to deny the request. Motion: Defer action on the request for a waiver from the sign regulations to allow a hanging bracket sign to encroach into the city right-of--way and extend closer to the property line than five feet for Ocean 60 restaurant located at 60 Ocean Boulevard until the Town Center A~encv reviews and makes a recommendation for a master plan to set standards for bracket signs. Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~'"'" Nay: 0 MOTION CARRIED B. Discussion and related action on waiver to allow short-term rentals within residential zoning districts limited to the Super Bowl time period only (City Commission) Motion: Approve a waiver (pursuant to Section 24-46(d)), to allow short-term rentals within residential zoning districts limited to the Super Bowl time of January 23~ to February 12t 2005. Mayor Meserve requested an opinion from the City Attorney regarding the legality of choosing not to enforce the current ordinance relative to short- term rentals for a period of time. City Attorney Jensen responded that Section 24-46(d) of the City Code allowed the Commission to authorize limited waivers. Commissioner Beaver believed the waiver was necessary because of the shortage of hotel rooms, and indicated that other area cities were allowing such rentals. He believed the city should support the Super Bowl, which would probably be nonce-in-a-lifetime event for the area. Commissioner Waters agreed and stated that he had received several calls, most of which supported the waiver. Aueust 9, 2004 REGULAR COMMISSION MEETING Pace 7 Community Development Director Doerr clarified that the motion included the findings provided in her memo dated July 28, 2004. Commissioner Simmons believed athree-week waiver was too long and suggested that the time period be shortened. Commissioner Beaver favored allowing atwo-week waiver. Amendment to thf 2005. ~r Bowl rentals Commissioner Parsons believed at least atwo-week time period was needed. Moved by Simmons, seconded by Meserve Votes: Aye: 1-Simmons Nay: 4 -Beaver, Parsons, Waters, Meserve AMENDMENT TO THE MOTION FAILED Discussion ensued concerning the appropriate length of time for the waiver. Amendment to the Motion: Change time period for Super Bowl rentals to January 30` to February 12th 2005. Moved by Beaver, seconded by Parsons Votes: Aye: 3 -Beaver, Parsons, Waters Nay: 2 -Simmons, Meserve AMENDMENT TO THE MOTION CARRIED Original Motion: Approve a waiver (pursuant to Section 24-46(d)), to allow short-term rentals within residential zoning districts limited to the Super Bowl time period (as amended) of Januarv 30 to February 12, 2005. Moved by Beaver, seconded by Waters Votes: Aye: 3 -Beaver, Parsons, Waters, Nay: 2- Simmons, Meserve MAIN MOTION CARRIED C. Discussion and related action on options to limit building height in Atlantic Beach (Comm. Waters) Commissioner Waters commented that he had brought two suggested compositions for limiting building height to the Commission and reminded .., them that when he asked them to address the height issue, it seem that the residents who attended the previous meeting did not want any building Ausust 9 2004 REGULAR COMMISSION MEETING PaSe 8 above 35-feet anywhere in the city. He further commented that the Commissioners always had the right to look at the heights in the Commercial, Industrial and PUD districts. During discussion of the draft of the proposed language, Commissioner Waters inquired if the Commissioners wanted to state there would be no storage, or livable, habitable space above 35-feet, and reserve the right in Commercial and Industrial districts to consider what was done in the North Beach Center. Commissioner Waters then requested the Commissioners' thoughts on the options to limit building height. Commissioner Parsons stated that he never wanted to exceed the 35-foot limit. He indicated that he liked what was done at the old Pic `N' Save building and would like to keep the option open to address facades. Commissioner Waters read from the second page of the staff recommendation and requested that "Enclosed Storage Space" be included with the exclusions in the listed in the paragraph revising Section 24-156 of the zoning code. Community Development Director Doerr confirmed that she would add language to the code to exclude "Enclosed Storage Space" Motion: The City shall maintain the limitations, as set forth within the Land Development Regulations, for maximum height of buildings and maximum impervious surface area for all lands within the City. Requests to exceed the maximum height of building shall be considered and approved only within non-residential land use categories and for non- residential development, and any increase to the maximum height of building shall be limited to exterior architectural design elements, exterior decks or porches, but excluding signage, Habitable Space or Enclosed Storage Space as defined by the Florida Building Code. Requests for waivers to the maximum height of building shall be made in accordance with procedures set forth within the Land Development Regulations, and shall be approved only upon demonstration that the proposed height is compatible with existing surrounding development. Mayor Meserve confirmed with the Commissioners that it was their intent to adopt this language in Section 24-156 of the zoning code and to revise the proposed Comprehensive Plan amendment to reflect the change. Mayor Meserve inquired and confirmed that it was Commissioner Waters' intent to make it so no one could make a request for a waiver from the 35- ••. foot height limit in any of the city's zoning districts, except for an architectural facade for commercial structures. August 9 2004 REGULAR COMMISSION MEETING Page 9 Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Review of suggested code revisions regarding clear sight distance at street intersections and for sidewalks, and provide guidance to staff to modify the code as desired (City Manager) Chief Thompson briefly explained some of the proposed revisions to Chapter 21 Traffic and Motor Vehicles and proposed revisions to Section 19-5 (b) to expand the "safety zone" and Section 24-17 to amend the Land Development Regulations to replace the current sight triangles. Chief Thompson displayed diagrams illustrating ways to determine sight triangles in different speed zones. Chief Thompson suggested that the Commissioners review and evaluate the materials presented to them and bring back a recommendation for the revisions at a future meeting. A copy the proposed revisions to the City Code are attached and made part of this official record as Attachment C. Commissioner Simmons inquired if the revisions would change the parking distance from intersection and if they would address delivery trucks parking in Town Center, blocking one lane of traffic. Chief Thompson stated those items were addressed. Commissioner Waters referenced Section 19-5 (a)(2) and inquired if parking pads were addressed. Chief Thompson indicated that parking pads were covered in Chapter 21. Discussion ensued. Chief Thompson stated that FDOT standards would be applied to Mayport Road. Commissioner Waters suggested the following: (1) Reconsideration of the parking sticker program, (2) Increased penalty for parking in a handicapped parking space, (3) Removing the exception in Section 21-2 for military, fire department, etc. relative to parades, (4) in Section 21-21(2) add changing of oil or other automotive fluids, and (5) Noted free parking on the 300 block of Plaza. Commissioner Parson stated that he was opposed to the stop signs installed . at East Coast Drive and 1St Street and suggested that new signs be installed only when necessary. Autust 9, 2004 REGULAR COMMISSION MEETING Page 10 E. Presentation of conceptual design to create parking spaces at Mandalay Park (City Manager) The presentation was taken out of sequence and given earlier in the meeting. F. Distribution of adoption draft and proposed Ordinance No. 31- 04-04 to enact EAR-based amendments to the 1990 Comprehensive Plan (City Manager) Community Development Director Doerr provided background information concerning the draft ordinance and indicated that she was working with the Department of Community Affairs (DCA) to address the nine objections received in their ORC Report to the city. She indicated that all changes in the documents presented to the Commission for review were noted by strike through/underline and adoption and public hearing for the ordinance was scheduled for September 13, 2004. Commissioner Water requested more time to study the Comprehensive Plan amendments. He believed prior Commissions did not pay strict attention to the changes and believed if the 10-acre requirement for a mixed use PUD had not been taken out of the Comprehensive Plan, the recent Johnston Island development request would never have been brought to the Commission. Mayor Meserve indicated there were time constraints imposed by the state for adoption of the amendments. It was pointed out that the ordinance must be adopted within 120 days of receipt of the ORC report from the DCA. Commissioner Beaver believed the Comprehensive Plan was a good document and he noted that while reading the plan, he was impressed with the city's record for complying with the plan. He thanked the Community Development Director for her work and stated he was happy to have her interpret the plan for the Commission. He believed the Commission's responsibility was not to interpret the plan, but to make sure the city continues to move forward within the requirements of the plan. Ms. Doerr commented that the 1990 Comprehensive Plan was written and adopted with more than what was required by law at that time, and indicated that there was a tremendous amount of input into the current draft with input received from the city's consultant, the Regional Planning Council, the Department of State, the FDOT and the SJRWMD. Discussion ensued and it was the consensus of the Commission to hold the public hearing and adoption of Ordinance 31-04-04 on September 13, 2004. August 9, 2004 REGULAR COMMISSION MEETING PaEe 11 ,`"` Commissioner Waters commented on the language change between the first and final draft of the Housing Element Policy 1.1.3. He also inquired if there were any volleyball courts in the city. Ms. Doerr stated that the level of service was changed based on input from the Parks and Recreation Department. 9. City Manager City Manager Hanson reported on the following items: •3 Reported the U.S. Postal Service confirmed that funds were allocated for construction of an entrance to the building from Plaza, and that funds were included in the city's 2004/05 budget for this project. • Reported on the burglary rate of the City of Atlantic Beach compared to the City of Jacksonville and the United States. • Reported that the budget figure in the staff report for the City Hall expansion remodeling project was incorrect and did not include architectural fees, which placed the project $58,146 over-budget. He indicated and the project has been put on hold until it can be discussed during a budget workshop. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Parsons • Requested copies of Powerpoint presentations prior to their presentation at Commission Meetings. • Disagreed with earlier comments regarding the lack of notice regarding the proposed lease of parking at 10th Street and the creation of additional parking spaces in Mandalay Park, and noted that these items were discussed during the previous five Commission meetings. Commissioner Simmons • Reported that the old Amoco sign was still in place at the BP station located at Plaza and Mayport Road. • Requested that the signs at the beach accesses be changed to prohibit parking from 9:00 p.m. to 6:00 a.m. instead of the current 11:00 p.m. to 6:00 a.m. August 9 2004 REGULAR COMMISSION MEETING Page 12 • Noted that the JEA was severely trimming trees in the city and they looked horrible. It was suggested that staff contact them to see if something could be done to prevent the damage. Commissioner Beaver • Agreed with Commissioner Simmons concerning the tree trimming and stated that he wished the trees were pruned horticulturally correct. Commissioner Beaver suggested that the City Manager send a letter to the company requesting the company abide by the city's rules. Mayor Meserve • Reported there would be no city-sponsored Super Bowl events at the beach since Jacksonville would not be providing funding or transportation for the events. He indicated that the deadline for sanctioning an event had passed and he had dissolved the Super Bowl Committee chaired by former Commissioner Borno. The Mayor stated he would continue to see if anything could be done and the city would still need a security plan. • Reported he had received a letter from Attorney Paul Harden concerning The Estate of Atlantic Beach, LLC, which proposed to annex and develop property located in Jacksonville, on Old Sherry Drive just west of Oceanwalk. He commented on some of the options for the development and requested that Commissioners give some thought to the request and be prepared to discuss it at a future meeting. Commissioner Waters requested that staff put together information concerning annexation, and possible uses for the property under the current zoning. • Reported that the access road to Johnston Island belonged to Florida Department of Transportation. 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AGENDA ITEM #2A AUGUST 9, 2004 1.0 Executive Summary Mayport Road (SR A1A), a Florida Department of Transportation (FDOT) roadway, is the north-south arterial, north of Atlantic Boulevard, on the peninsula east of the Intra- coastal Waterway (ICW). Mayport Road is approximately 3.5 miles from Atlantic Boulevard to the Mayport Naval Station (MNS) and includes City limits to Atlantic Beach and Jacksonville. It currently provides the only land access to the MNS. As a result, average daily traffic is approaching 50,000 between Atlantic Boulevard and 11th Street and the current 7-lane typical section is needed to handle the peak hour volumes. This is expected to change in the near future as the Wonderwood Connector, now under construction, will provide a second, high-speed, access route to the MNS and may significantly reduce the demand for capacity along Mayport Road. Using the Jacksonville Urban Area Transportation Study (JUATS) travel demand computer model, the First Coast Metropolitan Planning Organization (MPO) has estimated the average daily traffic (ADT) to drop to 35,900 in 2005 and then increase to about 40,100 by 2025 as a result of the opening of this corridor. The MPO forecast (updated June 2004) decreases traffic on Mayport Road by close to 30%. With the anticipated reduction in ADT, the City of Atlantic Beach (COAB) recognizes the opportunity to enhance the aesthetic appeal of Mayport Road while making it safer for motorists, bicyclists and pedestrians. The COAB has authorized GAI Consultants, Inc. (GAI) to evaluate the concept of reducing the number of through lanes and introducing a raised, landscaped median between Atlantic Boulevard and Dutton Island Road (COAB limits). Assessment of traffic impacts north of the COAB limits are also reviewed. The COAB has been working with community leaders, the Mayport Naval Station, City of Jacksonville (COJ), FDOT and the MPO to address all corridor issues. For this report, GAI evaluated three typical sections. The three alternatives all provide 11-foot wide travel lanes and 4-foot wide bicycle lanes with an 11- to 20-foot wide border (curb & gutter, utility strip and sidewalk) on both sides. Alternative 1 offers two travel lanes in each direction, separated by a 26-foot wide median, while Alternatives 2 and 3 provide three lanes in one direction and two in the other, separated by a 15-foot wide median. Alternative 2 has three lanes southbound, while Alternative 3 has three lanes northbound. Utilizing both FDOT's ARTPLAN and SYNCRO 6 software programs, GAI determined that both Alternatives 1 and 2 would provide adequate levels of service (LOS) through 2025. The corridor LOS will be level B to C in both COAB and COJ. The intersection LOS will range from level A to B at each signalized intersection within the COAB (Intersection impacts are only addressed in the COAB limits). Calculations of the level of service obtained above considered the opening of Wonderwood Connector to traffic with resulting decrease in AADT volume on Mayport Road. Since either Alternative will provide adequate LOS, we recommend Alternate 1 based on the advantage that this section will maximize median width and can more easily accommodate re-routed traffic that negotiate U-turns. Passenger vehicles can U-turn under Alternative 1, at open intersections, without pavement widening within the 3 AGENDA ITEM #2A AUGUST 9, 2004 ' ` Mayport Road Traffic Analysis intersection. Alternatives 2 and 3 will require some pavement widening, at intersections and this will result in costs associated with utility relocations, other roadway item reconstructions and potential right-of-way acquisitions. 2.0 Introduction The City of Atlantic Beach (COAB) has authorized GAI Consultants, Inc. (GAI) to conduct a traffic study for concept development of proposed landscaped medians on Mayport Road between Atlantic Boulevard and Dutton Island Road (previously Church Road). This study will evaluate the Level of Service (LOS) for the entire corridor. This study was initiated to address concerns by the Florida Department of Transportation (FDOT) regarding level of service within the corridor and at the intersections. The District Two Planning Office presented these concerns following their review of the Mayport Road Access Management Study prepared for the First Coast Metropolitan Planning Organization. The MPO's Study proposes to reduce the number of through lanes within the COAB limits (Atlantic Boulevard to Dutton Island Road). There are two typical sections within the COAB Limits: • From Atlantic Blvd to 8th St there are two northbound lanes and two southbound lanes, bifurcated by the Atlantic Boulevard Flyover. This flyover joins the northbound lanes to create a third northbound lane at 8th Street. The right of way width is 120 feet in this section. • From 8th St to Dutton Island Road there is a 7-lane section with six through lanes and atwo-way left-turn (TWLT) lane. The right of way is 100 feet wide in this section. North of Dutton Island Road the typical section transitions to a five-lane section, with four travel lanes and a TWLT lane between Dutton Island Road and Wonderwood Drive (COJ limits). The MPO used the Jacksonville Urban Area Transportation Study (JUATS) travel demand computer model to forecast peak season weekday average .daily traffic (PSWADT). These volumes were converted using FDOT factors to estimate average annual daily traffic (AADT). The key assumption is that the Wonderwood Connector, a new east/west connector to Mayport Road now under construction, will open in the summer of 2004. Adding this second access to Mayport Naval Station (MNS) will result in a significant drop in AADT along Mayport Road. GAI preformed our analysis using the MPO's Access Management Study Report as a reference (The proposed median openings are utilized in the analysis and in plan layouts). The MPO Study recommended: • Imposing a raised, restrictive median, conforming to FDOT Access Management Class 5, and 4 ATTA~iiMENT B AUGUST 9, 2Q04 CAMMISSI~ON MEETING DISCLAIMER; I was out of town and only learned of the meeting jsut prior to this time and was rushed to prepare a quick document, without time to correct. Please forgive the many typos and try to address the content. Thank you, Valerie Britt I~G~Ie~L' ~ll~~~ C'_o~~r P~'uS ~ Pa~~S> sub m ; ~d --~ ~~,e ~oRZ ~~vP ~~~ d ~° 1~ v~ TO: City of Atlantic Beach Record of Ord. 31-04-04 EAR, Ord. 31-04-03 FLUM, SSA 2004-01 (CSV to RMD) Attention City Clerk M. King at Mking@coab.us Attention City Commission Attention Community Development Director Sonya Doerr Attention Community Development Board Office of City Attorney for Workshop Meeting, August 9, 2004 Cc: Department of Community Affairs Office of Community Development Office of Emergency Preparedness Attention Charles Gauthier Attention Shaw Stiller FM: Valerie Britt FM: Pablo Point Civic Association, Inc. 71 San Pablo Road North, Jacksonville, Florida 32225 (904)221-4945 PabloPointCA 1983 (u,yahoo. com STATEMENT OF PABLO POINT CIVIC ASSOCIATION INC.'S RESIDENTS' STANDING REGARDING ATLANTIC BEACH'S COMPREHENSIVE PLAN AND OPPOSITION TO PROPOSED TEXT CHANGES SUBJECT OF ORC'S AND TO DEVELOPER PPOPOSED FLUM CHANGES 1. Pablo Point is a marsh front neighborhood at the Intracoastal waterway jurisdictional line of Jacksonville's Comprehensive Plan and Atlantic Beach's Comprehensive Plan and its residents have standing pursuant to the May 2002 broadened standing for the legislative comprehensive plan amendments process. 2. Pablo Point Civic Association, Inc. has appeared through its agent for its residents and by its residents in oral hearings and in writing (1) to address, between transmission and adoption, the disputed parts of the proposed amendment to the Atlantic Beach comprehensive plan text (see ORC's regarding commercial category and coastal high hazard area) and (2) to oppose the proposed FLUM amendment for Johnston Island, opposing the developer proposal to change the existing conservation FLUM to an MDR FLUM, and its accompanying mixed use PUD to allow a private development to include residential condos, commercial and a marina. 3. Pablo Point's specific concerns today are attached in a list and show direct, adverse impacts by the pending Atlantic Beach amendments. (See Attachment for details) 4. Pablo Point was represented at Atlantic Beach's visioning workshops. 5. Prior to Johnston Island being annexed by Atlantic Beach, pursuant to the city's Neighborhood Notice Law, Pablo Point had the presumption of standing of record in quasi judicial matters related to Johnston Island in addition to the statutory standing regarding any proposed plan amendment in Jacksonville. 6. Previously, prior to Atlantic Beach's annexation of Johnston Island, Pablo Point was involved in determining the future of Johnston Island (e.g., successfully opposed the scallop plant which proposal was ultimately defeated) when it was under the Jacksonville Comprehensive Plan. One of the reasons for Pablo Point's charter in 1983 was to preserve the natural character of the ICW neighborhood. 7. Subsequent to the annexation of Johnston Island by Atlantic Beach, Pablo Point previously appeared at Atlantic Beach hearings and was involved in matters that led to the FLUM designation of Johnston Island as Open Rural/Conservation, including the hiring of a land use planner to give testimony and the hiring of an aerial photographer to capture the character of the marsh area and the relationship of the island to the Dutton Preserve area and the ICW. (See record of the defeated DRI and the adopted FLUM). 8. Pablo Point previously supported the preservation of Dutton Island and the conservation FLUM designation there. 9. On the jurisdictional boundary, the rezoning of Dutton Road to increase the residential density was opposed by Pablo Point and the subsequent proposal for preservation at the site and the amendment of the FLUM to conservation designation was supported by Pablo Point. 10. Pablo Point's only entrance and exit by automobile and road is at the intersection of link 409 San Pablo Road and Atlantic, with both being hurricane evacuation routes impacted by Atlantic Beach development and Atlantic Beach hurricane evacuation. 11. A CHHA neighborhood, Pablo Point ahs a vested interest in the retention of conservation designations within the CHHA.A comprehensive plan text amendment for the city of Jacksonville related to its coastal high hazard area (CHHA) promised objectors and the DCA the addition of preservation lands in the CONSOLIDATED city's CHHA and both DCA and the city of Jacksonville officials and attorneys referenced the existing preservation lands at the ICW and in the Atlantic Beach section of the consolidated city when presenting calculations of preservation lands. (Adopting the proposed AB text amendment to allow unanticipated residential development in the commercial category and adopting the pending map amendment to change Johnston Island from conservation to residential medium density would be contrary to that earlier action of the consolidated city in response to objections for the state regarding protections of the coastal high hazard area, since the consolidated city would again experience increased residential density in the CHHA, complicating evacuation and increasing property damage in the everit of severe storms.) 12. For many reasons, which facts of record support, Pablo Point has a vested interest in the future land sue designation of Johnston Island and opposes amending the AB Comprehensive plan to decrease conservation lands and to change the conservation designation of Johnston island to allow for residential development. 13. Pablo Point opposed a previous marina DRI and has a vested interest in any marina matter ---even though no DRI is currently in the works and the marina is being slipped before the commission as a FLUM and rezoning, without the regional review process--and is best served by not having a private marina added at Johnston island on the ICW at its marshfront door. 14. Pablo Point will be adversely affected in multiple ways by any FLUM, text or EAR based amendment that directly or indirectly facilitates increased residential density in the Coastal high Hazard Area (CHHA) for the consolidated City of Jacksonville, whether in Atlantic Beach's jurisdiction or under Jacksonville's Comprehensive Plan, as the consolidated city is under one and the same evacuation plan under the same Mayor and Emergency Office and hurricanes will not know the jurisdictional line at the ICW at the marsh shared by Atlantic Beach and Pablo Point's marshfront owners. ~~ ATTACHMENT: No 2 Pablo Point's specific concerns tonight include, but are not limited to: a. residential density increase in the CHHA b. uses to be allowed in the commercial category woudl create a universal plan category, frsutrating planning, compatibility ensurance, calculations of density, determination of resdiential density increases, etc. c. could create adverse impacts and uncertainties regarding the stays transportation facilities which function at 135% capacity and serve as evacuation routes int he CHHA d. fails to address Atlantic Beach's position as a part of the consolidated city of Jacksnville and part of the same evacuation plan e. access issues due to left out only sending traffic to the enxt light at failed link 409 f. a marina project without the mandated DRI process sicne Atlantic Beach has no baot facility siting plan ~~' ADDITIONAL COMMENT ON JOHNSTON ISLAND DEVELOPER PROPOSED FLUM (From Existing Conservation to New Medium density Residential) Ordinance 31-04-03/FLUM SSA 2004-O1 Since the Johnston Island applications are in limbo by deferral of the Commission, I request that a noticed and advertised public hearing be set to vote on the application for a change in the city's comprehensive plan map (FLUM) for Johnston Island and that a vote be taken after the applicant and public are allowed to speak to the application for plan amendment at that noiticed hearing. While some residents may have been caught off guard or even falsely encouraged by the indefinite deferral of the Johnston Island companion bills by the Commission after the deferral by the applicant, without a specific denial of the comprehensive plan map amendment, the still live application to change the Plan remains a threat to public interests. While the proposal to change height restrictions for PUD's to 35' was well received by the public, in the applciations befroe the city, that goes to the zoning issue and still does not resolve the objections to the proposed change of USE of the Plan category. Unless the Plan category is first changed, the height is a separate issue from the FLUM application and the FLUM applciaiton deserves full debate first as a major decision to be considered regarding the city's plan. While the city can certainly amend its Plan or zoning code or charter to address height limitations, that still does not entitle an applciant in agreement with a 35' restriction to use Johnston Island for uses not currently allowed in the Conservation category and the resdients have indicated a desire to retain that existing plan category, regardless of height of propooed new uses. Amendment to the map category designation of a site in the comprehensive plan, such as pending Ordinance 31-04-03 (SSA 2004-01 Csv to RMD), is a legislative process. While every new owner or developer-such as Bridge Tenders, Inc.-has a right to apply for an amendment to the city's comprehensive plan, there is absolutely no entitlement to a change in the Plan over the objections of the masses who appeared to oppose a change or to a change for which the city has not shown a need and which developer proposed change risks the public welfare. In the case of the Johnston Island FLUM application, the proposed developer purchased the property with the current conservation designation and made plans for a development that is inconsistent with the city's Plan for the property. That is, the buyer/developer knew the limitations of the property and took a risk that the city could be convinced to change that designation. However, the public clearly prefers the existing character of their community and the existing conservation designation. The owner at the time the City of Atlantic Beach planned for the future of the annexed island was represented by counsel and had a fair and formal opportunity to be heard in hearings when the city determined after applicant presentation and public comment it was in the city's best interests to classify the island land as Open Rural (conservation) in the Plan. There was no successful legal challenge to overturn that city designation which stands. fir... Overwhelmingly, the citizens of Atlantic Beach supported the open ruraUconservation designation and it was the legislative decision of the Commission that the island be so designated in the city's comprehensive plan. There has been no new "need" for the City of Atlantic Beach that would require them to amend their plan to remove the conservation designation and assign an increased residential density right to that land. There are many reasons not to change the designation, including that such a change would adversely impact the safety of property and lives in the Coastal High Hazard Area. Throughout the applicant's deferrals and the recent deferral of the City Commission -- after over 300 people appeared to OPPOSE the CHANGE at the last meeting, there has been absolutely no demonstration of any "need" the CITY has to CHANGE its own plan from conservation. No such need exists. Even though the will of the people and the legislative body's wishes alone can be weighed heavily in legislative matters, since a FLLJM change is legislative and not quasi- judicial, there has been substantial competent evidence presented in public hearing to support retaining the existing conservation designation and not increasing the density in the CHHA. The city's current designation of Johnston Island must remain. There has been evidence presented to the city that the developer's proposal would conflict with the city's vision and other sections of its own comprehensive plan, as well as with the regional policy plan, the state comprehensive plan, FS 163, and the DCA ORC's (recommendations currently pending before the city). The developer has apparently suggested he can not make a condo project go without additional height. The community ahs said they oppose the proposed use and oppose any height extension. Recent ex parte discussions between commission and applicant about height of residential and commercial buildings in a companion PUD is a zoning issue which speaks to the quasi judicial PUD applciaiton, and such a zoning discussion of the height of proposed condos need not even exist related to Johnston Island if the city denies the change to map deiignation in the Comprehensive Plan and retains the conservation designation of the site in the Plan. That is, if the comprehensive designation change is DENIED, the city will have to deny the rezoning for aresidential/commercial PUD because the propooed new zoning is not consistent with the existing Plan designation and all development orders must be consident to be adopted. It is not fair to anyone involved to jsut put the legilslative Johnston Island FLUM matter in deferral indefinitely while commissioners work exparte on the height provisions of the quasi judicial rezoning. Again, without the change of the land use category in the City's Plan to allow movement from the existing conservation category, the residential.marina.condo/commercail development can not be approved by Atlantic Beach because it would violate provisions of FS 163. The public has made their unified voice heard in opposition to a change from conservation. I strongly recomend that the FLUM be set for a noticied public hearing, with an opporutnity for the applciant to present his case, the opposition to present their case, public convents to be made, and a full opporutnity for the commission to review and discuss the wirtten and oral comments of those affected. There is a live applciation before the commission for a change in the Plan that is opposed by the resdients of the area and those affected. I recomend that the Commission again get itself into a noticed posture to vote as they once were and chose to defer it, and that the commission make a final vote on this matter at a well noticed hearing. Meanwhile, I remind the commission that the companion rezoning is a quasi judicial procuedure and that I continue to oppose any exparte negotaitons between the developer and the commission on the height of the proposed companion rezoning to PUD because that rezoning matter is a quasi judicial one to which the residents are entitled to participate in noticed hearings. If the Commission denies the change of the comprehensive plan--a legislative matter--then the mnatter of height of condos is self resolving as no condo development will be allowed on Johnston Island in the current FLUM. The existing Open Ruarl/Conservation designation of Johnston Island after annexation was well researched, fully debated, with the owner represented by counsel, and is a designation needed by the city for its vision and its welfare, and therefore should remain. That is the FLUM applciaiton shoudl be denied. To approve a PUD's height to decide how it will look through secret negotations with the developer and then come back to agree to a change in the foundational land use designation contingent on the height restriction is backwards. To do so for the Plan would be similar to a wife negotiating with a reluctant husband for the colors and style for a newborn's layette when the husband has not yet been convinced to approve the basic change or that adoption of a baby is right for their family at this time..that is, if there is not to be an adoption, then the details of how the new layette will look are irrelevant. Just approving the colors of a layette IF they were to adopt does nto gifve approval of the adoption! Same here! ATTACHMENT C AUGUST 9, 20x4 COMfvi1SS10N MEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Revisions to the City Code to address clear sight distance at street intersections and for sidewalks SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: July 30, 2004 BACKGROUND: In addition to revisions to Chapter 21, several other provisions of the City Code need to be revised to better define how clear sight distance for vehicles, bicycles or pedestrians can be maintained at street intersections and also along property boundaries that adjoin streets and sidewalks. • Section 19-5 (b): amend to expand the "safety zone" to include areas that may be on private property adjacent to sidewalks and street pavement; and • Section 24-17: amend the Definitions section of the Land Development Regulations, to replace the current sight triangle diagram (below) with those similar to the attached diagrams. _~ ~I a Lot Lines L' WI 3 .4 ~ , N `a b Sight Triangle 'J. BUDGET: No budget issues. RECOMMENDATION: Discussion and direction to Staff. ATTACHMENTS: First draft or proposed revisions to Section 19-5 and 24-17, including proposed diagrams for Restricted Sight Zones. REVIEWED BY CITY MANAGER: r j`~ August 09, 2004 regular meeting /~ AGENDA ITEM #8D AUGUST 9, 2004 Sec. 19-5. Intersections: sight distance requirements and Safety Zones. (a) Sight distance requirements. (1) For purposes of this Section, "defined intersection" is any intersection that has aCity- owned or maintained road, street, or any other type of roadway as one (1) of the roadways comprising the intersection. Excluded from this definition is any intersection where there is a required stop condition (multi-way stop, traffic signal, or continual flashing red light) for each roadway traffic lane entering the intersection. (2) To ensure adequate visibility at "defined intersections," the owners or occupants of private real property shall not do any of the following which could obstruct a driver's view of approaching traffic at such intersections: a. Plant or permit the growth of shrubbery or any other vegetation in the city right-of- way higher than thirty (30) inches above the established grade of the right-of--way; b. Allow tree branches to extend below the height of ten (10) feet above the established grade of the right-of--way; c. Allow any berm, wall or other structure to be erected, placed, or exist in the city right-of--way. (b) Safety Zones. For purposes of this Section, Safety Zone shall be defined as an ~~~e~y ., #~-unobstructed area along the edge of the roadway intended for the recovery of errant vehicles, and also along the edge of sidewalks or desi nated pathways intended to rovide for a safe area that is free of obstructions which ma create hazards for bic cles and pedestrians. (1) Within Right-of--ways A Safety Zone extending two (2) feet from the edge of the roadway pavement or the edge of a sidewalk or pathway as applicable shall be mamtamed. (2) Within private property On any private property no landscaping or vegetation other than lawn grass, and no property border berm retaining wall ed ing timbers posts or other type of obstruction shall be constructed placed or permitted to remain within two (2) feet of the edge of roadway pavement or edge of sidewalk or in any location that creates an obstruction or hazard to pedestrians bicyclists or vehicles (3) Cause for removal of obstructions within Safety Zones Upon finding by the Director of Public Safety that any obstruction or hazard exists within Safety Zones the obstruction shall be immediately removed by order of the Police Department The City shall have the right to remove any tress, shrubbery, vegetation, berms, walls, fences, structures or other objects in violation of this section, with or without prior notice. Removal costs shall be charged to the owner, occupant or representative in an amount equal to the City's costs incurred, plus a charge of one hundred (100) percent of said costs to cover the City's administrative expenses. AGENDA ITEM #8D AUGUST 9, 2004 (4) Waiver to Safety Zone restrictions Upon written request accompanied by a Site Plan the Director of Public Safety shall have the authority waive the preceding restrictions upon findm~ that no obstruction or hazard to pedestrians bicyclists or vehicles will be created. - , Already addressed above. AGENDA ITEM #8D AUGUST 9, 2004 ,,, Seat shall mean, for the purpose of determining the number of required Off-Street Parking Spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required Seat. Service Station, Automotive shall mean any Building, Structure or Land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed Minor Automotive Service, but not Heavy Automotive Repair. Setback shall mean the required distance between the Lot Line and the Building or Structure. See definition for Building Setback. Shopping Center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with Off-Street Parking provided on the property, and related in location, size and type of shops to the trade area the Shopping Center serves. Site Plan shall mean the surveys, maps or drawings depicting the specific location and design of Improvements proposed to be installed or constructed in accordance with the requirements of this Chapter. Insert in anpronriate location Restricted Sight Zones shall mean an area within or along the travel lanes of Streets which shall remain free and clear of obstructions so as to ensure ade uate visibilit for pedestrian, bicyclist or driver's view of approaching traffic Clear Sight Zones shall be maintain as depicted on Figures - and in accordance with Section 19 5 of the Mumc>pal Code for the City ofAtlantic Beach Sign shall mean any identification, description, illustration, or device illuminated or non-illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by Federal, State or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being N a ~ Replace this S diagram 3 I with the ~~ attached. N b f Sight Triangle Street Right-of--Way Line Fi ure 3 AGENDA ITEM #8D AUGUST 9, 2004 z 0 N O N U Q m U Q Q LL ~_ U i I ~I 0 o -~( o 0 o rn ~ ~ ~ ~ ~® _ a ~ ® ~ ;f, I ~ ~ ~ o 4 ~ rn ®I - - ~I a W W J C~ z Q w U Q F-- C~ W O ~ ~ o z ~ ~ Q ~ F- C~ _ Q C.~ O C!) W D ~ W _ ~ U Q __ / LL N L_1_ ~ ~ / n V J / n V / AGENDA ITEM #8D AUGUST 9, 2004 w z 0 N N U Q m U ~- z Q Q 0 >- ~_ U i '~ b~~ Q in '- 3 r ~ ~ ~® _ a ~ ® ~ 4 s ~~ W J C.~ z Q w U z Q 0 W O O I-1- W o z o ~ Q ~ ~ c~ _ Q c~ o ~ w o w - I- ~ U Q ~ ~ ~ ~ ~ ~ ~ W ~ ~ AGENDA ITEM #8D AUGUST 9, 2004 W z 0 N U Q m U Q Q L.L O _~ U i I 4 3 0 0 ~ o o ~ ~ ~ ~l ~ l~ ® _ ~ ~ ® ~ 0 0 ~ ~ o ~- - ®I U w W J C~ z Q w U Q ~_ O W O O ~ ~ o z o ~ N Q ~ ~ C.~ _ Q C.~ ~ ~ w o ~ W _ Q U ~ ~ ~- I- C!) (~ ~ w ~ ~ AGENDA ITEM #8D AUGUST 9, 2004 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Chapter 21 Revisions DATE: July 28, 2004 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: Consistent with guidance from the City Commission, the Department of Public Safety has been reviewing the City Code to identify deficiencies and problems that need to be addressed. If municipal codes aze not updated periodically, then they often become obsolete and cumbersome for the citizens and for the city officials who administer and enforce the codes. Police Department members have reviewed Chapter 21 of the City Code to recommend updates and revisions for consideration by the City Commission. There are numerous recommendations for changes to Chapter 21, and some of the effects of the changes and the reasoning behind the recommendations may not be readily apparent. For this reason, this staff report will address each recommended change . relative to the recommendations, and each section will include some clazification and discussion of the subject matter. 21-1 Adoption of the Manual on Uniform Traffic Control Devices (MUTCD) This manual has been used as the foundation for traffic control devices in Atlantic Beach for many years. Public Works and Police Department personnel use it as a reference any time new traffic controls are being implemented by the City or requested by citizens. The manual contains four (4) types of guidance: 1. Standards: Required, mandated, or prohibitive practices 2. Guidance: Recommended, but not mandatory practices 3. Options: Practices which carry permissive conditions with no requirements or recommendations 4. Support: Informational statements which do not convey mandates, prohibitions, or authorizations This manual has been referenced in other areas of the City Code, but it has not been specifically identified in Chapter 21. For review, this manual may be accessed by requesting a copy from the Police Department, or on-line at http://mutcd.fhwa.dot.gov/. AGENDA ITEM #8D AUGUST 9, 2004 '" It is also notable that it is not the intent of the Department of Public Safety to retroactively apply the MUTCD. Unless directed otherwise, the adoption of this manual will not result in the review and re-evaluation of decisions made prior to the adoption of this revision to the code. 21-2 Permit required for parades and processions This section has been modified to place the issuance of a permit and the approval for parades with the City Manager. Previously, this section required the Chief of Police to issue a permit after approval from the City Manager. 21-16 Manner of Parking Section (a) Relative to parking prohibitions, the word "stop" was added. It is not unusual for motorists to stop for long periods of time in a manner that obstructs traffic, but the same motorists may insist that they were stopped, but they were not "parked" in that location. This addition is also consistent with other statutes that address this issue. Section (b) The purpose of this paragraph is to protect the safe, clear and unobstructed sight distances necessary for pedestrian and traffic safety. It applies to both public and private property, and it provides a basis for the police department to take corrective action when violations occur. 21-17 Prohibited in specific areas Section (2) This language was added to prohibit motorists from parking on aright-of--way within 7 feet of a driveway. The previous language only addressed parking in front of a driveway. Consequently, vehicles have been parked right up to the driveways, and this often creates traffic hazards due to the lack of visibility. The 7 foot cushion will provide a small buffer zone. Section (7) c. The elimination of this section is to recognize existing practices. When this section of the City Code was adopted, handicapped parking and handicapped access was an emerging issue. This section was added to provide a funding source for public awareness programs. However, the City of Atlantic Beach has added handicapped parking spaces, handicapped wheel chairs, and addressed handicapped issues publicly without using this very limited funding. This is a very small amount of money, and it is not needed. 2 AGENDA ITEM #3D AUGUST 9, 2004 Section (8) This section was added to prohibit pazking at all times on some of the most heavily traveled streets in the City. On the streets listed in this section, vehicles will be prohibited from pazking on the roadways where they would obstruct traffic lanes and create hazards. Without this prohibition, vehicles would be able to legally park in the travel lanes of most of these streets. 21-21 Parking for certain purposes prohibited Section (2) The word "washing" was eliminated. Realistically, if someone chooses to wash a vehicle that is lawfully parked on aright-of--way or street, it is very unlikely that this would create a problem for the public. 21-24 Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful: exception; nuisance declared. Section (1) This section was deleted. There are other codes and statutes that address the problem of abandoned vehicles, so this section is unnecessary. Additionally, this section established specific language that made it inflexible relative to the wording of the notices for enforcement. The elimination of this section does not eliminate the prohibition of abandoned vehicles in Atlantic Beach, and it provides flexibility to code enforcement and law enforcement authorities who may be addressing the problems. 21-25 Removing and impounding Section (1) b. The wording was changed to prohibit parking within 7 feet of driveways, to provide a small buffer for people trying to exit driveways. Under the current code, motorists can park right up to the driveway, which often creates a hazard. 21-27 Residential parking sticker program This section was eliminated. The program was operated for a short time period, and it had a sunset provision. It was repealed on February 23, 1994. 21-36 Issuance of citations The language was changed to route copies of parking citations to the Records Division of the Department of Public Safety instead of the Director of Public Safety. 3 AGENDA ITEM #8D AUGUST 9, 2004 21-37 Form of citations. Section (5) When someone makes a payment for a parking citation, the payment is made to the City Finance Department, not the Director of Public Safety. This change in the code recognizes the actual process currently followed by city staff. 21-38 Schedule of fines. The fines have been raised to $50.00 for most parking violations. The current $15 fine was established more than 20 yeazs ago, and it has reached a point where people aze willing to pay $15 for a pazking place near the beach. The fine needs to be increased to a higher level. It is also recommended that the fines for various violations be standardized at the same dollar value, with the exception of Handicapped Violations. "Parking Over Time Limit" was added to address the locations with time limitations. "Other Improper Parking" was added to address the creative ways that motorist find to pazk illegally, including violations of state laws. Currently, if someone violates a state statute that is not prohibited by City Code, the violation must be written on a state citation which is more expensive and much more cumbersome to process. This language will allow violations of state laws to be written and processed through the City citations and processes. 21-39 Payment of parking fines. This section of the City Code dated back to 1970, and it contained many specific steps and processes for the collection of parking fines. Many of those processes were obsolete and/or impractical. The proposed changes will: Direct the payment of pazking fines to the City Finance Department; Change the late penalty time period to 30 days, and increase the late fees to $50; and Authorize the Police Department to tow or immobilize a vehicle with at least 3 unpaid parking citations when the expiration of the times for payments has passed. '' 4 AGENDA ITEM #8D AUGUST 9, 2004 Repeal of Ordinances #75-67-2 and #75-87-6. These ordinances aze obsolete and obscure, and some of the provisions have been integrated into the proposed updates of Chapter 21. For example: #75-67-2 Schedule IiI Identifies "through streets" as Mayport Road, Ocean Blvd., East Coast Drive, and Sherry Drive. However, the code does not define what is means to be a "through street." Schedule IV Prohibits parking at all times on certain streets -Ocean Boulevard, the east side from Atlantic Blvd. north to Ahern Street. Prohibits parking on East Coast Drive from Atlantic Blvd. north to 11`t` street. ""'' These is no Schedule V. In Schedule VI The code allows for 15 minute parking on the north side of Atlantic Blvd. from Sherry Drive to a point 100 feet west of Sherry Drive. #75-87-6 Schedule III Identifies traffic control devices on "through streets", but it has not been updated since 1987. Since that time, there are traffic control devices that have been approved and installed at the direction of the City Commission, but the ordinance was never changed or updated. The implication of this ordinance is that traffic control devices cannot be placed on "through streets" i.e. Ocean Blvd., East Coast Drive, and Sherry Drive, without the City Commission passing an ordinance for approval This makes every traffic control request on a "through street" a decision for the elected officials to make. 5 AGENDA ITEA7 #SD AUGUST 9, 2004 If the City Commission approves the proposed language in Chapter 21, then: The parking prohibitions for the most heavily traveled Atlantic Beach streets will be expanded to additional streets i.e. All of Ocean Blvd., Plaza Drive (except for the 300 block), Royal Palms Drive, Sailfish Drive, Levy Road, Dutton Island Road, and Donner Road; and The decisions relative to traffic controls on "through streets" will be up to the judgment of the Department of Public Safety, based on the Florida Uniform Traffic Control Law and the Manual on Uniform Traffic Control Devices. This would not preclude the City Commission from becoming involved in such decisions, but it would no longer require them to become involved in every decision affecting these streets. Summary: This section of the City Code comprises 15 pages, and the revisions are significant. Although it is a large undertaking, it is necessary to update this section of the code for the benefit of the citizens and the City. BUDGET: None RECOMMENDATIONS: We recommend that the City Commission review the "'"'' recommendations relative to Chapter 21 of the City Code, and provide direction and guidance to staffto modify the code as desired. When the substantive issues are identified, then the City Attorney will need to review the language and provisions to assure that they are appropriately worded and legally sound. ATTACHMENTS: Chapter 21 of the City Code with recommendations for deletions (strikethroughs) and Additions (underlines) Introduction for Manual On Uniform Traffic Control Devices Ordinances 75-67-2 and 75-87-6 REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: 6 AGENDA ITEM #3D AUGUST 9, 2004 ARTICLE L IN GENERAL Sec. 21-1. Adoption of Florida Uniform Traffic Control Law. and the Ma~.lual on Uniform Traffic Control Devices. There is hereby adopted by reference the Florida Uniform Traffic Control Law, being F.S. Ch. 316, as amended, which law shall be in full force and effect in the city as if fully set forth herein, and shall be considered as part of this chapter. Also adopted by reference and considered as part of this Chanter is the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways as published and amended by the Federal H. i~hway Administration (Code 1970, ~ 11-1) Sec. 21-2. Permit required for parades and processions. No procession or parade, except the United States armed services, the military forces of this state and the forces of the police and fire department, shall occupy, march or proceed along any street or roadway except in accordance with. a pernzit issued by the c-~-ie' e city manager and such other regulations as are set forth. in this Code which may apply. ~ - ~ ' , b b (Code 1970, § 22-2) Secs. 21-3--21-15. Reserved. ARTICLE IL STOPPING, STANDING AND PARKING* *Cross references: Off-street parking and loading, § 24-161; parking lots, § 24-162; storage and parki~lg of vehicles in residential districts, § 24-163. State law references: Authority to regulate or prohibit stopping, standing or parking, F.S. 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; additional parking regulations, F.S. ~ 316.195. DIVISION 1. GENERALLY Sec. 21-16. Manner of parking. (a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within 12 inches of the edge of the roadway, except as provided in the following paragraphs: AGENDA ITEM #8D AUGUST 9, 2004 (1) Angle parking upon a street which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or sign; (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads. (b) _No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently narked or placed in any location on public or private property which interferes with the safe, clear and unobstructed sight distance of any right-of--ways intended or designated for use by pedestrians bicycles and vehicles Such obstruction shall be immediately removed by order of the Police Department and if required, charges for towing and storage as set forth herein shall apply (Ord. No. 75-82-3, § 1, 4-12-82) State law references: Similar provisions, F.S. § 316.195. Sec. 21-17. Prohibited in specific areas. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or atraffic-control device in any of the following places: (1) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (2) T~~~~ O~n any city right-of--way within 7 feet of a public driveway, or private driveway upon complaint; (3) Within 20 feet of an intersection wi~~o~~; (4) Within 1 S feet of a fire hydrant; (S) On a crosswalk; (6) Within 20 feet of a crosswalk at an intersection, unless permitted to do so by a zone or devices established in the area; (7) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking pernit as required by state law. 2 AGENDA ITEM #8D AUGUST 9, 2004 a. A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person, and no penalty shall be imposed upon the driver for this momentary parking. b. A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of two hundred and fifty dollars ($250.00). b ----- t~~~~..+++.. .... µ++ Vv ui~~1lV l.altU kJ 1111Zp {'VS (8) Parking shall. be prohibited on the following streets and roadwa sat all times: a. East. Coast Drive b. Ocean Blvd Sherry Drive (South) d. Seminole :Road e. Playa Drive (except for the 300 Block) f. Ronal Palms Drive g. Sailfish Drive h. Levy Road i. Dutton Island Road AGENDA ITEM #8D AUGUST 9, 2004 component part thereof, including the tractor unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. (2) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of--way, except for the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. (3) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense. (Ord. No. 75-82-3, § 7, 4-12-82; Ord. No. 75-92-9, § 1, 2-24-92; Ord. No. 75-97-12, §§ 1, 2, 3-24-97) Sec. 21-23. Parking more than 72 hours prohibited. No person shall park a motor vehicle on any street or right-of--way for a period of time in excess of 72 hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.--Declared unlawful; exception; nuisance declared. YV ~1 Fora P ef~ -1~~7' t~~R-jai ~• 1 +~,. n 1~1. f' D L.. 1' rr vii , , , b , r.rn~,rr ~r: rrn -r r~ n~arr.T ~n n ~.rr, n r r n~r ~cn,.m r,. 1-rr,,,-,~T,,,~ ,,., T-1ZT>/ 7T f"7TTS~!-1 ff~ I i` 14f Fif i` fi tK-1 Y T~ rl f- ' 1 - / 11 ' C > > r N t v i ~,y, c 5 AGENDA ITEM #8D AUGUST 9, 2004 ~. Donner Road (Ord. No. 75-82-3, § 2, 4-12-82; Ord. No. 75-90-8, § 1, 2-26-90) State law references: Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than 10 feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-82-3, § 3, 4-12-82) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a vehicle in such a designated place. "`' (Ord. No. 75-82-3, § 4, 4-12-82; Ord. No. 75-00-14, § 1, 7-10-00) Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the City Manager. (Ord. No. 75-82-3, § 5, 4-12-82) Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of--way for the principal purpose of: (1) Displaying it for sale; or (2) `~ greasing, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21-22. Commercial, recreational., etc., vehicles; weight requirements. (1) No person shall stop, stand, or park a commercial vehicle in excess of 10,000 pounds gross vehicle weight, or any combination thereof, or any 4 AGENDA ITEM #8D AUGUST 9, 2004 S_~_cxJ~ ~,a . ~ c „~ F ,.+t. ~ zz" ~ ~ gi t , ~ ~:~~ ~ ~4' l c ~ u ( - p i w of ..~.,..I~ _. vi. rrcc-i:T _ _ , - .. - , ... , __ _. , 1 , f b llt'nit^ ~r kn h ivn fh 1 1 1 a 7., '1 t' t ', 'n ~ av.vav ii vi i i. lt1V Jtil-L~CiI- 1 Cross references: Nuisances, Ch. 12. 6 AGENDA ITEM #8D AUGUST 9, 2004 Sec. 21-25. Removing and impounding. Members of the .department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of--way within the city to a public garage or other place of safety under circumstances enumerated in this article: (1) When a vehicle is left unattended: a. On a sidewalk; b• r~„~;~~' Within 7 feet of a public or private driveway upon complaint; Within 15 feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (2) When any vehicle is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (3) When any vehicle is left unattended upon any street or right-of--way for a period of time longer than 72 hours; (4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal; (5) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-82-3, § 10, 4-12-82; Ord. No. 75-00-14, § 1, 7-10-00) Cross references: Establishment of rotating wrecker call list, § 21-50. Sec. 21-26. Same--Towage and storage charges. Any and all. towage and storage charges reasonably due the operator of the garage or place where the vehicle is stored or removed under provisions of this article, ~~-sIe}ec~ shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in 7 AGENDA ITEM #3D AUGUST 9, 2004 no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. (Ord. No. 75-82-3, § 11, 4-12-82) Cross references: Charges for towing and storage, § 21-51. b b - b ~i ~ , b b e ~-1-~---fit ~'1'lr~ ~ ~ + 4' ~ t 1 t ~ u ~v ], ~~^ l ~ i + ° ' ~ ~ . ~c's El iii i- c-r@ ; ~'ci'ti-tt ~ F zi' m -13-,-Sz~-f 2't~--d.}3'~-Tdr ~ °rr~a~-urn , - _. b b `. b , - , 1 ,7 > ~L}~Fl F1 S=a\N l~-C`~'1'1 ~, ~ - --_s~_ ~ c~~-Fun i~t 1- 11 -f I'](1\ .7 ` r~ i AGENDA ITEM #8D AUGUST 9, 2004 o 5 o 9 AGENDA ITEM #8D AUGUST 9, 2004 ""` (1) Be in writing and in the name of the city; (2) Set forth substantially the nature of the offense and the number of the ordinance being violated; (3) State the date and time delivered; (4) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (5) Command the owner or operator of the vehicle causing the violation to pay to the ~;,-~„*~ ~tl~° ~~~~~~ ~~~'~~-~ a----~--~------~ City of Atlantic Beach, Finance Department the applicable fine as established by section 21-38; (6) Be signed by the person issuing them. (Code 1970, § 11-5) Sec. 21-38. Schedule of fines. There is established the following schedule of fines to be assessed in cases of parking violations occurring in the city: (1) Parking in prohibited areas ... $50.00 Q ,.~; (2) Parking within 15' of fire hydrant ... $50.00 -13-:98 Parking double ... $50.00 -13~}(~ Obstructing traffic ... $50.00 -1-x:88 Obstructing driveway ... $50.00 ~~ (6) Parkin Over Time Limit $50 00 (7) Other Improper parking $50 00 ~3:9A (8) Illegal parking in space reserved for handicapped .. $250.00 (Code 1970, § 11-4; Ord. NO. 57-84-10, 4-9-84; Ord. No. 75-86-5, § 1, 1, 5-27-86) Sec. 21-39. Payment of parking fines. (~} The dir~ectc;- Uf t,uhl;~a~ City of Atlantic Beach Finance Department is authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a 11 AGENDA ITEM #8D AUGUST 9, 2004 ~'°'". b b b b ' b b ~ ~ _ , .. oa„~o „r+,, ~ a + n ~. ~c n~ n ~u~,----~-- ~. .. ~ _,, , Sic-s--2-1-~-8 ~ 1--~~-l~~e~e~}~a~ DIVISION 2. ENFORCEMENT Sec. 21-36. Issuance of citations. The Director of Public Safety shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation. of parking ordinances regulating the parking of vehicles in any street block of the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work, with the ' 12ecords llivision of the Public Safety Department (Code 1970, § 11-3; Ord. No. 57-79-8, ~ 11.30, 6-11-79) Sec. 21-37. Foam of citations. Citations for violation of parking ordinances shall: 10 AGENDA ITEM #8D AUGUST 9, 2004 summons is issued with respect thereto, in person. at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. {~} There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within se~{~ 30 days an additional cost of ~ $50.00.::.. .~ , -ekat•Een-: ~ _ (c) The director of public safety shall have the discretion of relieving the person named in the citation of paying the additional ~ $50.00 late fee ces~upon good cause being shown and documented by the Director of Public Safety_ (d) Multiple Unpaid Violations• If a vehicle has 3 or more unpaid parkin ticisets, and t_he time limitations for the payment of the tickets has expired then the vehicle maybe disabled or towed pursuant to the conditions in this section. , b l~llfnllac~til~1 a ~7 f'1 , 12 AGENDA ITEM #8D AUGUST 9, 2004 (Code 1970, § 11-6) Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the Director of Finance in a manner prescribed by the director of finance. (Code 1970, § 11-8) Sec. 21-41. Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Code 1970, § 11-7) Secs. 21-42--21-49. Reserved. ARTICLE III. WRECKER SERVICE* *~;ditor's note: Ordinance No. 57-92-18, §§ 1--5, adopted April 13, 1992, did not specifically amend the Code; therefore inclusion. as §§ 21-50--21-54 was at the discretion of the editor. Cross references: Removing and impounding, § 21-25; towage and storage charges, § 21- 26. Sec. 21-50. Establishment of rotating wrecker call list. The Chief of Police, subject to approval by the City Manager, is authorized to establish standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing fines, companies, or corporations licensed to conduct that business may apply for a listing. by the police department on the rotating wrecker call list. (Ord. No. 57-92-18, § 1, 4-13-92) Sec. 21-51. Charges for towing and storage. any point within the city limits shall be as follows: TABLE INSET: l3 AGENDA ITEM #8D AUGUST 9, 2004 Daytime (6:00 a.m.--6:00 p.m.) (1) Class A wrecker: Passenger cars and light vans Trucks (half-ton to two tons Campers, trailers and mobile homes Motorcycles (2) Class B wrecker: Any truck, unit or part thereof, from more than 2 tons to 10 tons of weight $105.00 per hour towing charge, but in no event less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra labor and waiting time. (3) Class C wrecker: Any truck or unit of 10 tons or greater weight $157.00 per hour towing charge for a truck or unit transportable as a whole, but in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a truck or other unit not transportable as a whole, but in no event less than a $100.00 charge for such towing; and not more than $100.00 per hour for cleanup, extra labor or waiting time. (4) Overturned vehicles: Regular price plus (5) On Ocean: (Driver and/or wrecker must enter water regular price plus $52.00 $73.00 (6) Use of dollies: Regular price plus $52.00 $75.00 (b) The charges for storage of vehicles by wrecker service operators shall be as follows: Nighttime (6:00 p.m. - 6:00 a.m.) Sunday and Legal Holidays Daytime Nighttime $73.00 $94.00 $73.00 $94.00. $105.00 $105.00 $73.00 $94.00 $52.00 $52.00 14 AGENDA ITEM #8D AUGUST 9, 2004 Storage, outside per day ... $17.00 Storage, inside per day ... $21.00 (c) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been physically attached to the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged. (d) The above charges may be changed by resolution adopted by the city commission (Ord. No. 57-92-18, § 2, 4-13-92; Res. No. 01-15, § 1, 7-9-01) Cross references: Towage and storage charges, § 21-26. Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at all times with amber flashing lights and all necessary working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher. (Ord. No. 57-92-18, § 3, 4-13-92) Sec. 21-53. Liability insurance. All wreckers must have, maintain, and keep in full force and effect, liability insurance in amounts not less than $100,000.00 to $300,000.00 and property insurance in an amount not less than $50,000.00. (Ord. No. 57-92-18, § 4, 4-13-92) Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed vehicle without the written consent signed by its owner or his duly authorized agent. (Ord. No. 57-92-18, § 5, 4-13-92) Secs. 21-55--21-59. Reserved. Ordinance # 75-67-2 and Ordinance #75-87-6 shall be repealed 15 AGENDA ITEM #8D AUGUST 9, 2004 December 2001 Page 1-1 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES INTRODUCTION Standard: Traffic control devices shall be defined as all signs, signals, markings, and other devices used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, pedestrian facility, or bikeway by authority of a public agency having jurisdiction. The Manual on Uniform Traffic Control Devices (MUTCD) is incorporated by reference in 23 Code of Federal Regulations (CFR), Part 655, Subpart F and shall be recognized as the national standard for traffic control devices on all public roads open to public travel in accordance with 23 U.S.C. 109(d) and 402(a). The policies and procedures of the Federal Highway Administration (FHWA) to obtain basic uniformity of traffic control devices shall be as described in 23 CFR 655, Subpart F. Any traffic control device design or application provision contained in this Manual shall be considered to be in the public domain. Traffic control devices contained in this Manual shall not be protected by a patent or copyright, except for the Interstate Shield. Support: The need for uniform standards was recognized long ago. The American Association of State and Highway Officials (AASHO), now known as the American Association of State Highway and Transportation Officials (AASHTO), published a manual for rural highways in 1927, and the National Conference on Street and Highway Safety (NCSHS) published a manual for urban streets in 1930. In the eazly years, the necessity for unification of the standards applicable to the different classes of road and street systems was obvious. To meet this need, a joint committee of AASHO and NCSHS developed and published the original edition of this Manual of Uniform Traffic Control Devices (MUTCD) in 1935. That committee, now called the National Committee on Uniform Traffic Control Devices (NCUTCD), though changed from time to time in name, organization, and personnel, has been in continuous existence and has contributed to periodic revisions of this Manual. The FHWA has administered the MUTCD since the 1971 edition. The FHWA and its predecessor organizations have participated in the development and publishing of the previous editions. There were seven previous editions of the MUTCD, and several of those editions were revised one or more times. Table I-1 traces the evolution of the MUTCD, including the two manuals developed by AASHO and NCSHS. Standard: The U.S. Secretary of Transportation, under authority granted by the Highway Safety Act of 1966, decreed that traffic control devices on all streets and highways open to public travel in accordance with 23 U.S.C. 109(d) and 402(a) in each State shall be in substantial conformance with the Standards issued or endorsed by the FHWA. AGENDA ITEM #8D AUGUST 9, 2004 Page I-2 Table l-1. Evolution of the MUTCD December 2001 Year Name Month /Year Revised 1927 Manual and Specifications for the Manufacture, 4/29, 12/31 Display, and Erection of U.S. Standard Road Markers and Signs (for rural roads) 1930 Manual on Street Traffic Signs, Signals, and No revisions Markings (for urban streets) 1935 Manual on Uniform Traffic Control Devices for 2/39 Streets and Highways (MUTCD) 1942 Manual on Uniform Traffic Control Devices for No revisions Streets and Highways -War Emergency Edition 1948 Manual on Uniform Traffic Control Devices for 9154 Streets and Highways 1961 Manual on Uniform Traffic Control Devices for No revisions Streets and Highways 1971 Manual on Uniform Traffic Control Devices for 11/71, 4/72, 3/73, 10/73, Streets and Highways 6R4, 6175, 9176, 12/77 1978 Manual on Uniform Traffic Control Devices for 12/79, 12!83, 9/84, 3/86 Streets and Highways 1gg8 Manual on Uniform Traffic Control Devices for 1/90, 3/92, 9/93, 11/94, Streets and Highways 12/96, 6/98, 1/00 2000 Manual on Uniform Traffic Control Devices for Streets and Highways -Millennium Edition 6/01 AGENDA ITEM #8D AUGUST 9, 2004 December 2001 Support: Page I-3 23 CFR, Part 655.603 adopts the MUTCD as the national standard for any street, highway, or bicycle trail open to public travel in accordance with 23 U.S.C. 109(d) and 402(a). The "Uniform Vehicle Code (iJVC)" is one of the documents referenced in the MUTCD. The UVC contains a model set of motor vehicle codes and traffic laws for use throughout the United States. The States are encouraged to adopt Section 15-117 of the UVC, which states that, "1`To person shall install or maintain in any area of private property used by the public any sign, signal, marking, or other device intended to regulate, warn, or guide traffic unless it conforms with the State manual and specifications adopted under Section 15-104." Section 15-104 of the WC adopts the MUTCD as the standard for conformance. The Standard, Guidance, Option, and Support material described in this edition of the MUTCD provide the transportation professional with the information needed to make appropriate decisions regarding the use of traffic control devices on streets and highways. The material in this edition is organized to better differentiate between Standards that must be satisfied for the particular circumstances of a situation, Guidances that should be followed for the particular circumstances of a situation, and Options that may be applicable for the particular circumstances of a situation. Throughout this Manual the headings Standard, Guidance, Option, and Support are used to classify the nature of the text that follows. Figures, tables, and illustrations supplement the text and might constitute a Standard, Guidance, Option, or Support. The user needs to refer to the appropriate text to classify the nature of the figure, table, or illustration. Standard: When used in this Manual, the text headings shall be defined as follows: 1. Standard-a statement of required, mandatory, or specifically prohibitive practice regarding a traffic control device. All standards are labeled, and the tent appears in bold large type. The verb shall is typically used. Standards are sometimes modified by Options. 2. Guidance-a statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgment or engineering stady indicates the deviation to be appropriate. All Guidance statements are labeled and the text appears in large type. Guidance text is the same size as Standard text, but it is not bold. The verb should is typically used. Guidance statements are sometimes modified by Options. 3. Option-a statement of practice that is a permissive condition and carries no requirement or recommendation. Options may contain allowable modifications to a Standard or Guidance. All Option statements are labeled, and the text appears in small type. The verb may is typically used. AGENDA ITEM #8D AUGUST 9, 2004 Page I-4 December 2001 4. Support-an informational statement that does not convey any degree of mandate, recommendation, authorization, prohibition, or enforceable condition. Support statements are labeled, and the text appears in small type. The verbs shall, should, and may are not used in Support statements. Support: Throughout this Manual all dimensions and distances are provided in the International System of Units, a modernized version of the Metric system, and their English equivalent units are shown in parentheses. Guidance: Before laying out distances or determining sign sizes, the public agency should decide whether to use the International System of Units (Metric) or the English equivalent units. The chosen units should be specified on plan drawings. Care should be given to ensure that the chosen unit of measurement is known to those responsible for designing, installing, or maintaining traffic control devices. AGENDA ITEM #8D AUGUST 9, 2004 S ___.~ ORDINANCE ATO. 75..5?-2 .t3N ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 75-58-1, BEING AN ORDINANCE ENTITLED "?I~f ORDINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING T~3E MOVEMENT OF ALL VEHICUi,AR, PEDESTRIAY~T 13ND OTHER TRAFFIC WITH- ~ ~• THE CITY OF ATLI~NTIC BEACH, FLORIDr? . " BE IT EL~TACTED BY THE PEOPLE OF TIC CITX OF Z~TLAD7TIC EE_~C~i, FLORIDA.: '~~ SECTION I. That the schedules o•~ designated streets districts and zones, referred to and embraced. in and by the O d?nancG adopted by said Ordinance #75-58-1 are hereby declared to be as follows, and Section 2 of said Orc?inanee #75.-5S-1 is here- by amended accar•dingly: FIARIDA MODEL TRAFE`SC' ORD2i~Il1NC~E Tnsext for Section ,19~ SCHEDULE I "`. (l) SPE',ED LIMITS - 73eash r?venue l5 MPH At ~.ll. Tz.mes Seminole Road 25 MPH At. All Times Mayport Road As established At A'll Times from time to time by Florida State Road Department SCHEDULE Iz ONE-WAY S2°F~EETS AND F.LLE'YS - Street • North side of Plaza between East Coast Drive and Sherry Dr. South si~°e of Plaza between East Goast Drive and Sherry Dr, D.ire~tiQn: oi= Traffic L~Fest East East. side of Selva Marina Drive between Seminole Rc~. intersection. North i:o City Limits Nor'ch AGENDA ITEM #3D AUGUST 9, 2004 ORDINANCE NO . 7 K.-6 7-2 ,~ t Model Traffic Ordinance -" Insert -Schedule II Continued -~ West side of Selva Marina Drive between. Seminole Rd. intersection north to City Limits SCHEDULE II.t THROIIGH STP.EETS - Street Mayport Road Ocean Boulevard East Coast Drive Shez;.y 3~rive ,~. Page 2 South Portions affected I;11 13.11 1413 All SCHEDULE IV T~ax'king prohibited at all times on certain streets - Narc-e of Street Portions Affected Ocean Boulevard East side from 2atlantiC Bivd.. north to 1~hern Street East Coast Drive Atlantic Foulevarcl north to llth Street SCHEDULE VI Parking time limited on oeztain streets Street or District T~sne North side of Atlantic Blvd. from Ocean Blvd, west to East Coast Drive 30 r4inutes West sicle of Ocean Boulevard sroin Atlantic Boulevard north to Ahern Street 30 Minutes North side of Atlantic Blvd.. from Sherry Drive to a point 100 feet west of Sherry Dr. ? 5 Phi.nutes AGENDA ITEM #8ll ` ~ "~ AUGUST 9, 2004 ORDINANCE NO. 7~-67--1 PAGL? 3 - SECTIOPT II. This Ordinance shall become effective immediately upon its passage. ~t ~ ~ ~ :: Passed by the City Commission on first reading on P4arch 27, 197. Passed by the Cit~r Commission on second and final reading an April ~.Otlz 3.SE~7. Attest: (~ ~. ~ T Ace1e S . Grage C?.tv' Clerk (SEAL } . fihis is to csrti~y that the abova ordi~.ance ~__ was pasted `-F = i~~ st the City Ball ~ollo~S~ i~ ~,~~ passages on^~- 1v-- G'~' . ~. ldele S,. Grage, City Cl©rk AGENDA ITEM #8D AUGUST 9, 2004 ~,'' ORDINANCE N0. 75-$7-6 AN ORDINANCE AMENDING ORDINANCE N0. 75-67-2, BEING AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE' FOR REGULATING TAE MOVEMENT OF ALL VEHICULAR, PEDESTRIAN AND OTHER TRAFFIC WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING SECTION 1, SCHEDULE III, TO AUTHORIZE THE PLACEMENT OF STOP SIGNS AT CERTAIN INTERSECTIONS ON OCEAN BOULEVARD AND EAST COAST DRIVE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY. COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Ordinance No. 75-67-2, Section 1, Schedule III is hereby amended to read as follows: FLORIDA MODEL TRAFFIC ORDINANCE SCHEDULE III THROUGH STREETS Street P4s~per~-&sed Ocean Boulevard Portions Affected A~~ .All, except four-way stop signs at "AheYn; 'Seventh'Str~~t; Teritli Street end SiRteentli Street East Coast Drive Sherry Drive All,. except four-way stop si ns at Seventh StYeet,'Tertt2i'Streeti Ele~2rith Street and Seminole Road All, Atlantic Boulevard to Seminole Road "Seminole Road ~ All except Plaza and intezsection "with Eigtiteerith arid'S~turiba SCHEDULE IV Parking prohibited at all times on certain streets Name of Street portions Affected Aeeaa-Bat~le~e~d Bsge-6~de-€~em-Aelea~~e-Bet~~e~e~d ~^. East Coast Drive Atlantic Boulevard north to Eleventh Street AGENDA ITEM #8D AUGUST 9, 2004 Section 2. This Ordinance shall become effective immediately upon its adoption. Approved by the City Commission on first reading _ April 27, 1987 Approved by the City Commission on Second & Final reading MaY 11, 1987 illiam S. Howell, Mayor, Presiding Officer Approved as to Form and Correctness: ude L. Mullis, Cit Att ey ATTEST: Adelaide P~.:;'Tucker, City Clerk ~.