05-23-05 v
MINUTES
REGULAR CITY COMMISSION MEETING
May 23, 2005
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
Approval of Minutes 1. Approve minutes of the Regular Commission meeting of April
25, 2005 and minutes of the Regular Commission meeting of
May 9, 2005
"'` Mayor Meserve explained that there were two sets of minutes to approve
due to the City's computer failure delaying the completion of the minutes
from Apri125, 2005.
Motion: To approve minutes of the Regular Commission meeting of
April 25, 2005
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Motion: To approve minutes of the Regular Commission meeting of
May 9, 2005
Moved by Waters, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
May 23, 2005 REGULAR COMMISSION MEETING Paee 2
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
A. Presentation of Independent Auditor's Report by Purvis, Gray
& Company
Ron Whitesides, C.P.A., introduced himself and Steve Pratto, Staff Auditor,
as members of the Atlantic Beach audit team. He apologized for the late
delivery of the report and explained that the hurricanes of last year
presented internal challenges for his company that prevented them from
completing the reports by February or March, as normal. Mr. Whitesides
proceeded to review the highlighted items in the reports and indicated that
the report complied with all federal, state and local accounting
requirements.
Mr. Whitesides noted that his company audits the financial statements as
maintained and presented by the City. He stated that the auditors look for
accuracy in the figures, examine the internal controls used, and test for
compliancy with governmental standards. Mr. Whitesides stated that, in the
opinion of his company, the financial statements audited presented fairly
and he proceeded to briefly review the information in the report. He
pointed out that the Managements' Discussion and Analysis is a new
addition to the audit report and provides a good overview of the City's
"'' activities during the audit period.
One of the items addressed by Mr. Whitesides was the utility fund, as seen
on the income statement in the report. He noted the utility fund is operating
at a slight loss and commented that his firm prefers to see municipalities
cover their depreciations. He reported that Atlantic Beach is very close to
that goal, and encouraged the City to strive for having its utility fund break
even in the future. He also discussed the City's Debt Service Coverage
ratio and advised that the Commission keep an eye on that figure since it
was only slightly higher than the required percentage. He also briefly
discussed the history and current status of the assets and projected liabilities
of the City's pension plans.
In closing, Mr. Whitesides noted that the report is very good and
commended the City staff at its job of maintaining the books and complying
with the regulatory provisions.
There were no questions or comments from the Commission. Mayor
Meserve thanked Mr. Whitesides and praised Nelson Van Liere, Finance
Director, for keeping the financial records in good order.
B. Presentation of Transportation Improvement Program by First
Coast Metropolitan Planning Organization
Mayor Meserve introduced Wanda Forrest, of the First Coast Metropolitan
Planning Organization, to present the Transportation Improvement
Program. Ms. Forrest reviewed the plan and noted that it is a five-year
Mav 23, 2005 REGULAR COMMISSION MEETING Page 3
program. She read through the projects listed in the supplement given to
the Commission and noted the years for construction of each. The
supplement plan is attached and made part of this official record as
Attachment A.
Mayor Meserve pointed out that the construction project for Mayport Road
was not included in the report as presented. He also expressed concern that,
according to the plan, every arterial road entering the beaches will be under
construction simultaneously. Ms. Forrest responded that she would
research the issues further and bring back information for the Commission.
Commissioner Beaver asked if the new Intracoastal Waterway bridge being
constructed at Beach Boulevard will take three years for construction or if
the construction costs are being spread out over three years. Ms. Forrest
answered that the project is scheduled to be constructed between 2005 and
2008.
Commissioner Waters inquired if the improvements planned for the
intersection of Atlantic Boulevard and Kernan Boulevard included an
overpass. Ms. Forrest responded that currently the project entails studying
the location in order to determine what types of improvement would take
place.
Commissioner Waters asked why the Hodges Boulevard project is labeled
as an urban section. Ms. Forrest replied that it is categorized as compared
to a rural area. Commissioner Waters asked why the San Pablo intersection
was going to be only three lanes and, thus, mainly turn lanes. Ms. Forrest
referred to the fact that it is part of the DOT Work Plan and the Better
Jacksonville Plan's projects.
C. Courtesy of Floor to Visitors
Stephen Kuti, 1132 Linkside Drive, discussed an article in the May 18`i'
local newspaper which quoted a member of the Tree Conservation Board as
stating that a tree in a resident's yard belongs to everybody. Mr. Kuti stated
that a tree on private property belongs to the owner alone. He suggested
preserving trees on private property by educating the public of the
importance of trees. He advised the Commission to consult the City
Attorney before changing the Tree Ordinance.
Patricia Hairston, 13560 Picarsa Drive, Jacksonville FL, identified
herself as President of the Pablo Point Civic Association. She stated her
opposition to the Comprehensive Plan Application 2005A-018, Resolution
05-616. She advised the Commission that the application, submitted for an
81-acre multi-parcel change of the 2010 FLUM at the intracoastal
waterway, would adversely affect Pablo Point, the coastal area, and
complicate the evacuation of the City. She asked the Commission to review
the maps she provided and asked that they not support the project. Ms.
Hairston discussed the project's threats to the environment affected, as well
May 23, 2005 REGULAR COMMISSION MEETING Paee 4
~* as to the marsh front property that would have condominiums built in front
of their homes, if the plan were approved.
Mary Billotti, Pablo, 469 Pablo Point Drive, Jacksonville FL, discussed
her opposition to the proposed Comprehensive Plan Amendment. Ms.
Billotti stated that she has lived on the Intracoastal waterway for 23 years
and does not want a condominium in her backyard. She indicated that
Atlantic Beach's evacuation plan would suffer if the project were approved.
She discussed current problems with hurricane evacuation in her area and
commented that the proposal would add more complications. She advised
the Commission to look into all the information regarding the proposed
development. She identified herself as a National Wildlife Federation
Backyard Wildlife Habitat owner who does not want condominiums
interfering with her view of wildlife. She distributed a copy of the
information presented and her certification.
J.P. Marchioli, 414 Sherry Drive, discussed the plans for the Five Point
Intersection and noted that its rendering is not drawn to scale. He believed
that Seminole Road traffic would back up without aright-turn lane being
included. He expressed concern that no traffic count was done for the
access roads leading to the intersection. Mr. Marchioli indicated that if the
City wants to claim rights over trees on private property, it must then
assume responsibility for any damages caused by those trees. He also
commented on the following issues: 1) lack of funds for the Tree Board; 2)
chemicals affecting roots in sewers and resulting in loss of foliage; 3)
arborists should be provided by the City to consult with property owners
regarding tree situations; 4) lack of eyeglasses service in Atlantic Beach; 5)
suggestion for street numbering situation; 6) never received invitation for
skate park opening; 7) yield signs should be place at crosswalks.
Valerie Britt, 378 Tilefish Court, Jacksonville FL, provided anine-page
letter giving an overview of her concerns regarding the proposed
Jacksonville Comp Plan amendment and also a map showing the area of
most concern to her and other residents. She also distributed the latest
transportation plan review and noted that if the amendment were adopted,
the level of service on the Atlantic Boulevard evacuation route would not be
maintained. Ms. Britt presented her reasons for addressing this issue even
though it is out of the Atlantic Beach jurisdiction. She stated that the
neighboring municipalities have the opportunity to comment on the
amendment if they so chose. She discussed the plan's effect on the
hurricane evacuation routes and on the sensitive conservation areas
involved. She addressed the concerns of preserving the existing
established rights versus creating new development rights and higher
density in the coastal high hazard area. She asked the Commission to
review her comments.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
Mav 23, 2005 REGULAR COMMISSION MEETING Paee 5
A. City Manager's Follow-up Report
City Manager Hanson discussed a request at the last meeting to put in a
right-turn lane on Seminole Road at the Five Points Intersection. He
referenced a letter from Laura Phillips, Project Engineer for HDR
Engineering, addressing the suggested turn lane. The letter is attached and
made part of this official record as, Attachment B. City Manager Hanson
quoted portions of the letter that stated the company did not recommend the
addition of the proposed turn lane at this time. Specifically, I-IDR
Engineering indicated that the addition of the turn lane could result in
greater confusion and adversely impact the safety at the intersection and
would negatively impact the property owner at that location.
City Manager Hanson gave afollow-up report on the new skate park. He
reported that, since its opening, the City has processed 269 waiver forms
from parents allowing their children to use the park and he gave the
breakdown of the numbers by area cities. Commissioner Waters
commended the City on Russell Park, in general, and the amount of
community activity that takes place there.
l
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Building Department Monthly Report
for April 2005 (City Manager)
B. Authorize the Mayor to sign the Application for Revenue
Sharing 2005-2006 (City Manager)
Motion: To annrove Consent Agenda Items as aresented
Moved by Waters, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None
Action on Resolutions 6. Action on Resolutions
None
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 58-05-31, Introduction and First Reading
AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, AMENDING DIVISION
IV, POLICE OFFICER'S RETIREMENT SYSTEM, SECTION 2-
May 23, 2005 REGULAR COMMISSION MEETING Page 6
310.27 MEMBER CONTRIBUTIONS TO PROVIDE FOR
SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only. He explained that this
ordinance primarily addresses a 1% raise in the police employee pension
contribution rate and has already been discussed during union negotiations.
Motion: To approve Ordinance No. 58-05-31 on first reading
Moved by Beaver, seconded by Simmons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Property Exchange at Wastewater Plant No. 2 (City Manager)
Motion: To authorize staff to proceed with investigating and preparing
the necessary documents for the property exchange.
City Manager Hanson resented the back round of the ro ert and showed
P g P p Y
pictures of the area being discussed. He stated that the property owner and
the City would both find it advantageous to exchange properties and
discussed the reasons for the proposal. He noted that the City would need
to acquire an appraisal of each parcel and, according to the City Attorney,
would need to pass an ordinance in order to accomplish the property swap.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Approval of Police union contract for the period October 1, 2004
through September 30, 2007 (City Manager)
No discussion
Motion: To approve the FOP Union contract for the period October 1,
2.004 through September 30, 2007.
Mav 23, 2005 REGULAR COMMISSION MEETING Paee 7
Moved by Beaver, seconded by Waters
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
C. Request by Prosser Hallock Planners and Engineers, on behalf
of Bridge Tenders, LLC, to waive the 365-.day time period to
permit the City Commission to take action prior to November 8,
2005, following denial of the previously requested change in
Zoning District Classification for Johnston Island (City
Manager)
Sonya Doerr, Director of Planning and Zoning, reported that staff did not
find substantial changes in the new proposal as compared to the original
application. Ms. Doerr's staff report is attached and made part of this
official record as Attachment C. She indicated that the 365-day time limit
could not be waived without changing the ordinance and staff did not
recommend changing the ordinance for this specific application alone.
City Attorney Alan Jensen referred to Section 24-62 of the Atlantic Beach
""' Code of Ordinances that states if someone applies for basically the same
proposal on the same property, the City cannot take any action unti1365
days from the previous denial. He advised that the City can make the
determination of whether or not the new application is substantially
different from the previous one.
Motion: To denv the reauest by Prosser Hallock Planners and
Engineers for the Commission to take action on the new proposal from
Bridge Tenders Developers, L.L.C. prior to the 365-day time limit.
Commissioner Waters indicated that when the plan is brought back before
the Commission, he would like to see more details on the proposed size of
units and proportion of land being used before voting on the plan.
Mayor Meserve noted that, based on advice from the City Attorney, it was
the consensus of the Commission not to change the City ordinance for an
individual situation. Thus, the Mayor directed the discussion back to the
question of whether the Commission finds substantial changes in the new
application that validate taking action on the proposal.
Paul Harden, the attorney representing Bridge Tenders, L.L.C.,
clarified his client's request asking the Commission to consider the new
plan as substantially different from the original application. He described
the settlement attained with the three citizen petitioners and briefly itemized
the substantial changes being proposed as a result of that settlement. He
discussed the Future Land Use Management amendment change and its
inconsistency with the current zoning of the area being discussed.
Mav 23, 2005 REGULAR COMMISSION MEETING Paee 8
Commissioner Beaver indicated that the proposed development's 21-unit
and 35-foot height limits are the same terms as presented in the original
plan, and thus do not reflect any substantial changes. He also pointed out
that the petitioners who settled with the developer were not litigating on
behalf of the City of Atlantic Beach.
The Mayor called for a roll call vote.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
The Mayor noted that the request was denied and that the developer can
bring the proposal back before the Commission again in November.
D. Justice Assistance Grant II (City Manager)
This item was acted on in conjunction with Item E.
E. Federal Equity Sharing Agreement (City Manager)
This item was acted on in conjunction with Item D.
Motion: To authorize the Mavor to sign the related paperwork for the
application and the paperwork related to the .TAG II and to authorize
the Mavor to Bien the Federal Equity Sharing Agreement on behalf of
the City of Atlantic Beach.
Mayor Meserve commended Chief David Thompson, Public Safety
Director, on his work at successfully finding grants for the City for a
number of years. He noted that this has resulted in improving the
equipment and training in the Police Department, thus increasing the safety
of the City.
City Manager asked Chief Thompson to explain the two Justice Assistance
Grants awarded to the City of Atlantic Beach. Chief Thompson informed
the Commission that the first grant awarded $72,000 towards the Crime
Suppression Unit and the second grant provided $65,000 towards
purchasing and implementing a Computer Aided Dispatch (CAD) system.
He noted that his department is pursuing and anticipating a number of
additional grants resulting in the Public Safety Department acquiring a total
of over $300,000 in funds to be added to the budget. He thanked his staff
for their assistance with these projects.
May 23, 2005 REGULAR COMMISSION MEETING Paee 9
Mayor Meserve clarified that Items D and E were combined in the one
motion, authorizing him to sign paperwork for the Justice Assistance Grant
and for the Federal Equity Sharing Agreement.
Chief Thompson explained the Federal Equity Sharing agreement. He
noted that it allows the City to share the assets of federal forfeiture funds
from seized property as a result of federal investigations.
Moved by Simmons, seconded by Beaver
Votes:
Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
City Manager Hanson reported that the Beach Renourishment project is
about to begin and asked Rick Carper, Director of Public Works, to present
information regarding this topic.
Mr. Carper indicated that Kevin Bodge, of Olsen and Associates, will give
an overview and status of the project at the next Commission meeting. Rick
Carper gave a brief history of the issue and pointed out that it has been ten
years since Atlantic Beach had its beaches renourished. He showed a map
indicating the areas involved with the project and noted that the borrowed
sand will be acquired nine miles offshore. He also presented a graph
showing the distribution of the sand in areas being renourished. Mr. Carper
reported that over 400,000 cubic yards of sand will be used in Atlantic
Beach and that the project will be funded by federal, state, and local
resources.
He reviewed the project's schedule, noting that the contract should be
awarded in late May. Mr. Carper indicated that the beach renourishment
should begin in late June or early July and they expect it to be completed in
40-60 days. He emphasized that the operations for the project will be on a
continuous basis, 24 hours, 7 days a week, at a rate of 300 feet of beach per
day. He advised the Commission that the project will be noisy and will
involve closing the beach accesses.
Commissioner Beaver recommended placing an article in the Tideviews
newsletter, in order to inform the public on the process involved. Mr.
Carper indicated that information would also be distributed with the City
utility bills.
Commissioner Simmons inquired where the sand will be placed on the
beach and whether there will be a valley between the old dune and the new
Mav 23, 2005 REGULAR COMMISSION MEETING Paee 10
~* sand. Mr. Carper responded that Mr. Bodge will show across-section of
~" the project during his presentation at the next meeting. Commissioner
Simmons discussed the issue of planting sea oats. Mr. Carper noted that
they plan on including some type of stabilization planting in the project
area.
Commissioner Parsons asked if the Army Corps of Engineers agreed upon
the volume of sand and asked if anyone discussed the idea of acquiring sand
from the Nassau County area. Mr. Carper responded that there are
numerous environmental issues associated with using sand from that area.
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Beaver
• Asked if a decision was made to eliminate the turn-lane from the
Five Point Intersection improvements. The City Manager clarified
that the northbound turn lane from Seminole to Sherry would still be
included in the plans.
'' • Expressed appreciation for a letter received from a resident,
complimenting the performance of the City's Police Department
while handling an incident in their neighborhood.
• Reported that his wife's recovery is progressing very well and
thanked everyone for their thoughts and prayers.
Commissioner Simmons
• Announced that the time and date for the public meeting regarding
Community Character of the City has been set for Tuesday, June 14,
7:00-9:OOpm at Atlantic Beach Elementary school. She indicated
that it would be a citizen start-up workshop and stressed its
importance to the City's process of educating and sharing
information with its citizens.
• Questioned the placement of the oak trees in the Five Points
Intersection plans. She expressed concern with the new turn lane
being placed north of the oaks. Rick Carper, Director of Public
Works, explained that the turn lane is located just barely north of the
existing trees.
• Commissioner Beaver expressed concern with the project cutting
through the oak tree roots and asked that the City ensure the
procedure is done properly.
May 23, 2005 REGULAR COMMISSION MEETING Paee 11
Commissioner Parsons
• Asked if the City of Atlantic Beach has ever given any money to
Dial-A-Ride and suggested researching what other cities have
contributed.
• Commented on the location of the Celestial Moon-A-Tee location
and noted that the kids using the park enjoy having the statue there.
Commissioner Waters
• Commented on the auditor's report that the utility fund was losing
revenue and inquired if the septic tank conversions will increase
revenues in utilities. City Manager Hanson confirmed that
information and reported that the City expects 163 residents to
eventually convert to City sewer.
• Expressed the need for the Commission to discuss the concerns of
the Pablo Point residents and the effects of the proposed
development across the waterway from the City. Asked for the City
to acquire more information on the situation and its affect on the
City. Mayor Meserve recommended following the situation as it
progresses and then reviewing the results and impacts it might bring
to the City.
• Discussed a complaint he received regarding skateboarders in Bull
Park.
• Inquired about a news report regarding a murder in Atlantic Beach.
Chief David Thompson presented the basic information on the
homicide that occurred on Francis Avenue early that morning.
Adjournment There being no further discussion, t~~,~Vlaxor declared the meeting was
adjourned at 8:50 p.m. I ~I ~
John
ATT ST:
~Q
Donna L. Bussey
City Clerk
ding Officer
ATTACHMENT A
May 23, 2005 COMMISSION MEETING
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ATTACHMENT B
May 23, 2005 COMMISSION MEETING
R'EC E~•'tIEIa
May 17, 2005 ,~4 ~,1' i !.i ~ ~ ! ~; .
BY:
Mr. Rick Carper, P.E. -
Director of Public Works
City of Atlantic Hcach
1200 Sandpiper Lane
Atlantic Beach, PI 32233
Subject: Analysis of Five Points Intersection for an additionaTturn-lane
Mr. Rick Carper:
This letter is itt response to your regt,test for a recommendation regarding the
propoaed addition of a right tum lane to the southbound approach of Seminole Roaci at
the intersection of Seminole Road, Ylaza Drive, and Sherry Drive. Consideratio~i leas
been given to the issues of intersection safety, turning moving counts, intersection
gs;omatrics, among others. It is our assessment that the addition of a single right turn lane
to the southbound movement of Seminole road is not warranted at this time.
The addition of a right turn lava at this intersection, vi+hile potentially attenuating traffic
queues on the approach, will likely result in greater confusion at the intersection, which
would adversely impact the safety of the intersection. Specifically, thi: complex
geanetrics of this S point intersection tend to lessen the distinction bCtwc~en thn,~and
turning rrtovamants from the southbound approach of Seminole Road. The addition of a
separate turning lane on this 'approach will furthor blur this distinction. The current
configuration of a shared right turn lane offers less potential for this conflict.
Additionally, the impact of a dedicated right-turn lane, would negatively impact the
property owner at that lactation. 'The proposed bikt larzelpedescrian path would also be
negatively impacted, creating a potentially unsafe crossing for pedestrians,
In our judgment, any potential increase in traffic flow gained from the proposed right turn
lane is offset by the potential decrease in intersection safcKy. ,For the reasons stated above
wa do not recommend the addition of the proposed right turn lane to the interseccioti at
this time. If continued monitoring of the intersection reveals a significant decline in
service level, the proposed addition of the right rum land can be reassessed.
Sincerely,
Laura S.1?hil tps, .P.E.
Project Engineer
MONEnpiM~rlnO,lne. z00~vFasyn,5i41r~ Pllunc.190~+t5ya•Ei']lk~
S4i1X ~ F5R. IyO~I °.,48•H.9tsR
Ja~;klOMili4.i172Y07+t371 www.Adrinc.anm
MAY-17-2005 TuE 02 ~ 53 PPi ,9T: ~. SCE. PL'$! i C ~~,ORKS FAX
ATTACHMENT C
May 23, 2005 COMMISSION MEETING
i
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request by Prosser Hallock Planners and Engineers, on behalf of
Bridge Tenders, LLC, to waive the 365-day time period (as set forth in Sec. 24-62 of the
Land Development Regulations), to permit the City Commission to take action prior to
November 08, 2005, following denial of the previously requested change in Zoning District
Classification for Johnston Island.
SUBMITTED BY: Sonya Doerr, AICP ~~
Community Development Director
DATE: May 16, 2005
BACKGROUND: The rezoning application for the proposed Johnston Island PUD was
denied by the City Commission on November 08, 2004. (The companion Comprehensive Plan
amendment changing the future land use designation of a portion of the property to 3.6 acres of
Residential, Low Density and 0.5 acre of Commercial was approved and is now effective.)
.. Section 24-62 of the Land Development Regulations (below) prohibits the City Commission
from taking action on another substantially similar rezoning application for a time period of 365
days from the date of denial, which would be November 08, 2005.
Sec. 24-62. Change in Zoning District Classification.
(e) Following the public hearings, the City Commission, by ordinance, may change the Zoning
District classification of said petitioners, or it may deny the petition. In the case of denial,
the City Commission shall thereafter take no further action on another application for
substantially the same proposal, on the same premises, until after 365 days from the date of
the denial.
The Johnston Island property owners, Bridge Tenders LLC, have requested that the Commission
waive this time limit, allowing the PUD application to be formally re-submitted, reviewed,
scheduled for the public hearing and consideration by the Community Development Board, then
proceed to the City Commission for action in accordance with the public hearing and rezoning
procedures set forth in Chapter 24 prior to the 365-day time period.
The request presents two issues for the City Commission to consider: 1) whether the proposed
application would be substantially different so that it may now be submitted to commence the
rezoning application process, and 2) does the City Commission have authority under the current
ordinance to waive the 365-day time limit. Planning staff and the City Attorney offer the
following comments related to both issues for the Commission's consideration.
1) In order for action to be taken on the rezoning application prior to November 08, 2005, the
applicant must provide facts to clearly demonstrate that the new PUD application will be a
substantially different proposal than the application that was denied last November. Such
AGENDA ITEM #8C
MAY 23, 2005
information has not been provided to the City as of this date. (If the new PUD was
"''' determined to u substantially different proposal, then a waiver of the 365-day time limit
would not be necessary.)
2) The 365-day time limit to re-apply following the denial of any zoning related application has
been in place many years, and to staff's knowledge, this provision has not previously been
waived. The applicant is entitled to make this request, however, it is the City Attorney's
opinion that this is not a "waive-able "provision, but would rather require an amendment to
the current ordinance. (See attached letter from Alan Jensen.) Planning staff and the City
Attorney would not advise such a change to the ordinance.
BUDGET: No budget issues related to this request.
RECOMMENDATION: Based upon information provided as of this date, Planning staff
cannot find that the PUD application would be a substantially different proposal than the
previous application denied on November 08, 2004. Further, the City Attorney advises that the
365-day time limit for City Commission action cannot be waived.
ATTACHMENTS: Legal opinion provided by City Attorney and letter from Prosser Hallock
on behalf of Bridge Tenders, LLC.
REVIEWED BY CITY MANAGER: _
May 23, 2005 regular meeting
2
AGENDA ITEM #8C
MAY 23, 2005
ALAN C. JENSEN
Attorney at Law
935 North Third.Street
Post Office Box 50457
- Jacksonville Beach, Florida 32240-0457 .
Telephone (904) 246-2500 = ~ .. - ' ;; .,_ .' ., ;i: ,~ Facsimile (904) 246-9960
_.
. ..... ..' ,1~Mail•; AJensenLaw~aol.com
May 16, 2005
VIA FACSIlVIlLE
(904) 247-5805
James R. Hanson, City Manager ,
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Johnston Island PUD Rezoning Application
Dear Jim:
I understand that the owners of Johnston Island have submitted an application for a change in the
zoning district classification on their property. The previous request for.; change .of zoning, on this
propeily was%denied by the City Commission on November 8, 2004. ~F...:: , ,
Pursuant to Section 24-62 of the -Atlantic Beach Code of Ordinances,. the City Commission can take
no further action on another application for substantially the same proposal (change of zoning) on
the same premises until after 365 days from the date of denial. It is therefore my opinion that the
City Commission cannot take any action on the new application for a change in zoning until after
November 8, 2005. This is assuming that the new application is substantially the same as the prior
application.
Furthermore, there is no obligation on the City Commission to change the existing ordinance which
requires the 365-day waiting period. If the City Commission were to consider changing the
ordinance, they would need a valid reason to do so, and would have to consider the affect of any
such change on other .ordinances, such as a similar waiting period that exists when a request for
variance is denied.
Please contact me if I can provide any further information or assistance to you in this regard.
"~"
ACJ/sky
Cc: Sonya B. Doerr
Very truly yours,
AGENDA ITEM #8C
MAY 23, 2005
r ~
~i'+oS~~T ~c1~4t'~C~{
PLANNCRa St CN6INCCR3
May 13, 2005
Sonya B. Doerr, AICP
Community Development Director 1rta jaesimtk 247.S8DS
Ciry of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233-5445
!<tTr: Johnston Island PUD
Prosser HallockYtaf. No. 103043.01
Dear Sonya:
C+n behalf of our client, Bridge Tenders, L.L.C., I would like to request the City Commission waive the 365-
day time period, as set forth in Soc. 24.62. of the City's Land Development Regulations, thereby allowing
Bridge 'l'enders L.L.C. to reapply for a change in Zoning District Classification following denial of the
previously requested Change in Zoning District Classification from Conservation (CON) to Planned Unit
Development (PUD) for 3ohnston Island.
The new PUD rezoning application dated May 18, 2005 is different from the proposal previously considered
by the City. This new PUD offers three alternative: forma of redevelopment of yohnston Island: detached
single family lots, attached single family townhomes units, or a private yacht club with residential and non-
residential amenities. This new proposal reflects many of the concerns expressed by the Community
Development Board, City Commission and citizens of Atlantic Beach who shared testimony at the many
public hearings this project has been Considered at. It is our hope that the Commission Can see to it that this
. new application could be considered in the near future.
Should you have any questions or require additional information, please do not hesitate to call. Thank you
for your tirr~ and attention.
With Lind regards,
PROSSETL 1ElALLOCK, lNC.
Anthony ~ Robbins, AICP
Senior Planner
Gopy: Ronald Zajack, Bridge T enders, L.LC.
Paul Harden, Eyq.
13401 Sutton Prtk Drire South, Srite 200 latlromihe, floridsr 32224.0229
p • 90A.)39.3dSS f •904,]30.3413 e • info~prossechallock.clxn