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03-12-07MINUTES REGULAR CITY COMMISSION MEETING March 12, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen Commissioner Jamie Fletcher City Manager Jim Hanson Commissioner Sylvia N. Simmons City Clerk Donna L. Bussey ABSENT: Commissioner Mike Borno Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Waters. Mayor Wolfson welcomed the audience and explained the process for public comments. Mayor Wolfson explained Item 8B will be taken out of sequence and acted on after the Approval of the Minutes and before Courtesy of the Floor to Visitors. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on February 26, 2007. Motion: Aaarove the minutes of the Regular Commission Meeting on February 26.2007 as written. Moved by Fletcher, seconded by Waters. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Item 8B was taken out of sequence and addressed at this time Action on Transmittal B. Public hearing to consider transmittal to the Department of Community Affairs (taken out of sequence) of proposed semi-annual amendments to the 2015 Comprehensive Plan, including one proposed amendment to the Future Land Use Map, described as follows: Request from Selva Marina Country Club, Inc. to amend the 2015 Future Land Use Map to re-designate approximately 27.34 acres from Recreation and Open Space (R/O) to Residential, Low Density (RL) for property located at 1600 Selva Marina Drive. The anticipated future project is redevelopment of the Selva Marina Country Club golf course and club facilities and new residential March 12.2007 REGULAR COMMISSION MEETING Pa e 2 use. No zoning change or specific plan of development is under consideration at this time. Mayor Wolfson asked Community Development Director Sonya Doerr to summarize the process. Ms. Doerr presented a slide on the future land use designation and explained the transmittal process. Mayor Wolfson opened the floor to the public. David Sliwinski, 1641 Linkside Drive North, representing Selva Linkside II Homeowners Association, stated they were not opposed to the Selva Marina sale and potential development of the acreage, but they are concerned about how the acreage will be developed. Dave Estes, 1275 Linkside Drive, stated he is in opposition to the land use change because it is not consistent with the Atlantic Beach 2015 Comprehensive Plan. Christa Figgins 1637 Linkside Drive West, expressed opposition to the Selva Marina development. Mike Diaz, 1170 Seminole Road, expressed support for the Selva Marina Country Club land use change. Dee Deese Reiter, 1798 Selva Marina Drive, stated she supports the recommendation for the Selva Marina Country Club land use change. Mark Erman, 1645 Linkside Court North, stated he is in opposition to the proposed land use change. Jo Geeslin, 695 Selva Lakes Circle, stated she supports the land use change. Kirsten Sabia, 38310`h Street, stated she is in favor of the land use change. Mike Freed, 76 S. Laura Street, #2110, Jacksonville, attorney for a group of homeowners in Selva Linkside II, stated his clients are against the land use change and asked that the Commission deny the request. Joseph Meehan, 1243 Linkside Drive, stated he is in opposition to the proposed land use change. Maria Mark, 1148 Linkside Drive, reading on behalf of George Garcia, 640 Ocean Blvd., spoke in support of the club's request for the land use change. Michael Kring, 1580 Selva Marina Drive, stated he is in opposition to the land use change. Margaret Kring, 1580 Selva Marina Drive, referring to the 2015 Comprehensive Plan, strongly urged the Commission to leave the subject land as recreation. March 12.2007 REGULAR COMMISSION MEETING Paee 3 Matt Jackson, 76 S. Laura Street, #2110, Jacksonville, attorney retained to represent several member of Selva Linkside II, stated his clients are opposed to irresponsible development. Harold Echols, 1677 Linkside Court North, stated he believes this proposed plan violates the Comprehensive Plan and spoke in opposition to the development. John Radcliff, 1921 Sevilla Blvd. West, stated he is in support of the land use change and the redevelopment of Selva Marina Country Club. Pat Pillmore, 995 Camelia Street, spoke in opposition to the land use change. Jim Bishop, 1821 Sea Oats Drive, spoke in support of the redevelopment of Selva Marina Country Club. Douglas Speed, Jr., 1207 Seminole Road, stated he is in support of the land use change. Allan Ennis, 1865 Live Oak Lane, representing Selva Marina Country Club, spoke in support of the application for land use change. Paul Hardin, 1301 Riverplace Blvd., representing the Selva Marina Country Club, spoke in support of the application for land use change. No one else from the audience spoke so the Mayor closed the floor to the public. Commissioner Waters revealed he owns a share of stock in the Selva Marina Country Club and deferred to City Attorney Alan Jensen whether he should be allowed to vote. Mr. Jensen stated Florida Statutes require Commissioner Waters to vote unless he has a voting conflict, i.e. as result of his vote something would inure to his special private gain or loss. Mr. Jensen reported case law states gain has to be something that is direct and immediate, not something that might happen in the future or that might be speculative. Mr. Jensen believes, from all the information received and presented this evening, there would be no direct gain to any of the shazeholders of the Country Club. Motion: Direct staff to transmit to the Department of Community Affairs in accordance Section 163.3184, 163.3187 and 163 3189 Florida Statutes Application File Number CPA-2007-01 Selva Marina Country Club Inc a proposed amendment to the 2015 Future Land Use Map from Recreation/Open Space (R/O) to Residential Low Density (RL), for lands as described within said application subject to the following conditions. Within thirty (30) days of any action to approve transmittal of this proposed amendment, the Applicant shall provide a traffic study prepared by professionals certified to perform such work verifying that the proposed development does not exceed a di minimus transportation impact as defined by Chapter 163.3180 (6), Florida Statutes and Rule 9J-5 Florida Administrative Code March 12.2007 REGULAR COMMISSION MEETING Paee 4 Number of units to be permitted during any subsequent rezoning application shall not exceed this threshold. • T_he traffic study shall also address consistency with the 2005 Hurricane Evacuation Study as prepared by the Northeast Florida Regional Planning Council and potential for impacts to the Duval County Evacuation Network • Notwithstanding the precedinu condition the number of residential units shall be determined as part of any future rezoning_process and shall be based upon a determination by the Citv Commission that the s ecific plan of development is compatible with surrounding residential development and applicable land development regulations in effect at the time of rezoning application and upon finding, 1. The proposed amendment has been fully considered after public hearings pursuant to legal notice duly published as required by law 2. The proposed Future Land Use Map Amendment is consistent with the City of Atlantic Beach Comprehensive Plan Ordinance No 31-04-04 as adopted and amended; Florida Statutes (Chapter 163 Part II)• and Rule 9J-5 Florida Administrative Code as these relate to the adoption of Comprehensive Plan amendments. 3. The proposed amendment preserves internal consistency with the adopted 2015 Comprehensive Plan. 4. Proposed residential use is compatible with surrounding residential use where "compatibility" means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. 9J-5.003/23) FAC Moved by Simmons, seconded by Waters. Commissioner Waters questioned Mr. Ennis, should this come to fruition, if people make sacrifices by having to give up their views, additional traffic, what will the community get in return for allowing the loss of this recreational space? He stated Atlantic Beach could give up its control of the last intercity recreational area, and if the Club fails, the community has nothing but a new development. Mr. Ennis stated Atlantic Beach is faced with that dilemma today without the action. Mr. Ennis stated two-thirds of the shareholders must approve any change in any particular operation of the Club or to sell any land. He stated the shareholders have only given the Board of Directors authority to sell up to 35 acres of this land. Mr. Ennis stated they have evaluated the viability of the Club to see if this demographic area can support it and they believe it can, with the right facilities. He stated people have shown up at the Club and chosen not to join because of the facilities presently at the Club. Mr. Ennis stated he does not believe they would be making these steps today if they did not believe in the ability of the Club to sustain itself in the long term, with significant improvements. Commissioner Waters asked that Mr. Ennis relay to the Board and stockholders of Selva Marina Country Club that the City does not take the concession lightly, but believes Selva Marina is essential in providing a great deal of open space to the City and, if viable, is a financial asset to the City. March 12.2007 REGULAR COMMISSION MEETING Page 5 Commissioner Fletcher asked Ms. Doerr if this decision to transmit the amendment approves any specific plan for this site. Ms. Doerr stated nothing is being approved tonight; the Commission is considering only the land use change, no specific type or form of development at all. Commissioner Fletcher questioned whether the decision tonight ratifies any multi-use family units for that property. Ms. Doerr stated no. Commissioner Fletcher questioned whether there would be further public hearings from this Commission and the Community Development Board regarding this amendment; specific zoning for this property, if the Commission approves the amendment; and any PUD plans that might be proffered. Ms. Doerr stated yes. Commissioner Fletcher stated we are approving transmittal to the Department of Community Affairs of a land use amendment with no idea of what the land will be used for. He asked Ms. Doerr if that is common for Commissions and Councils. Ms. Doerr stated that is very common. She stated within the parameters of the process we are looking at now, you are moving towards an adoption phase to change it from recreation and open space to residential low density only. Commissioner Fletcher questioned what the safeguards are regarding the issues about wetlands, multi-family, 1 - 6 units, etc., if the Commission approves the transmittal not knowing any plan. Ms. Doerr stated the ultimate safeguard is that they are not yet at the adoption of this plan amendment and by the time they get to the adoption hearing they will be reviewing the proposed zoning, whether through a PUD or zoning category and the specific plan of development before a decision is made at a public hearing. If we adopt the land use comp plan amendment, it still goes back to DCA for review of any changes made and they will issue a Notice of Intent that it is either in compliance with state law and our comp plan or not. Commissioner Fletcher asked, for clarification, if the Commission approves this transmittal tonight in the proposed phase, after it comes back with the ORC report, could the Commission deny the amendment at that point? Ms. Doerr stated that was correct. She stated we will have the ORC report mid-way through that process and they will begin the zoning review process. Commissioner Fletcher questioned whether any City can demand financial statements from private C Corporations. Mr. Jensen stated you can't demand them, but you can ask for them. Commissioner Fletcher stated that Mr. Hardin or the City cannot guarantee that it will always be a golf course. He questioned whether the City can demand a reverter clause. Mr. Jensen stated the government cannot demand conditions be placed on private property. Fletcher questioned Ms. Doerr whether all the issues that have been brought up, including wetlands, environmentally sensitive lands, protected species, tree issues, transportation concurrency and street use, storm water retention, will be reviewed by state agencies in the ORC report. Ms. Doerr stated that was correct, except for concurrency, but traffic impact will be. Fletcher stated the Northeast Florida Regional Planning Council will review concurrency. Ms. Doerr agreed they will look at transportation related issues. Commissioner Fletcher questioned whether, at the adoption phase, the Commission can look at any one of these issues and deny the amendment. Ms. Doerr stated they can deny adoption, if there is information presented in those reports or that we obtained during this process that leads to an appropriate decision to deny final adoption. Regarding traffic study, Commissioner Fletcher questioned whether we have the right to demand they complete another traffic study from a traffic engineer that the City of Atlantic Beach hires to get an objective report. Mr. Jensen stated no. Ms. Doerr stated that is why the language is included that they must use someone professionally certified. Commissioner Fletcher questioned whether he as a Commissioner needs to be absolutely certain that this March 12, 2007 REGULAR COMMISSION MEETING Pace 6 amendment is completely consistent with the comprehensive plan at this proposed phase to vote to transmit. Ms. Doerr stated no. Mr. Jensen agreed. Ms. Doerr stated the Statutes require that the comprehensive plan be considered as a whole and make a policy decision based on the entire plan, and that is why the finding that if you are going to change your plan you should maintain internal consistency with the plan. Commissioner Fletcher questioned what if he isn't 100% certain tonight that it is consistent, i.e. he doesn't know if there are endangered species on the land. Mr. Doerr stated she is going to request that Fish and Wildlife review this. Mayor Wolfson stated that there are three choices, you vote in favor, in opposition, or vote to defer for further due diligence. Commissioner Fletcher questioned whether an applicant can reapply in six months. Ms. Doerr stated comp plan amendments can only be transmitted twice a year. Mayor Wolfson asked, for clarification, if this Commission, by majority, decides during the proper timeline to deny the request, then the transmission has not set in motion any action that is irreversible to the comp plan that we presently have in place. Ms. Doerr stated that was correct. Commissioner Simmons stated she has been through similar land use changes in both the comp plan and subsequent zoning changes and it is very frustrating for all of us. She stated it is fiustrating to be making comp plan changes before you have seen a plan and thinks that is the angst of very many people here tonight. She would probably find herself unable to vote if we didn't have some of these various steps built in that Commissioner Fletcher pointed out through his questioning. It demonstrated there are many places along the line where we can ask questions and if we don't get the answers we like we can act accordingly. She stated she has a record of doing that in the past. Mayor Wolfson stated he is not a member of the Selva Marina Country Club and owns no shares. He was a member of the Club 15 years ago. He believes the issues the Club faces today are the same issues they faced fifteen years ago when he was a member. He believes what has changed is the Club senses they are in a position of desperation, but does not know that for sure. If that is indeed the case, he believes those financials would be best presented to the Commission for their understanding of how significant the concern is of the leadership of the Club. Secondly, he noted the City Attorney has specifically raised the issue, is low-density residential use of the 27 acres consistent with the City's comp plan. He stated the comp plan is the roadmap for the future of this City and if we don't submit the comp plan and don't amend it according to Florida Statute, we are in jeopardy of violations. Once the City changes the 27 acres, it is no longer a part of the Club; it becomes a part of the residential neighborhood of the City of Atlantic Beach. The rest of the Club is in the City of Jacksonville. Not having the details, the Commission is not sure what it is but they are certain the financial leadership of the Club is asking that in order for that Club to survive financially, this is what is necessary. There are no assurances this Club will survive. He stated he has heard from the leadership of the Club in meetings, public forums, and through the members telling us they want to whatever is in their power to perpetuate the Club in some form of golf club, tennis courts, and swimming pool, but there is no assurance that will happen. His concern is what will happen if the Club takes its best shot and fails. That is a potential problem for this community. When 15 years ago this club asked the membership to please step forward and make contributions to upgrade the March 12.2007 REGULAR COMMISSION MEETING Page 7 facilities they did it. Now if the Club doesn't raise the money, they are telling us they will go under. Mayor Wolfson questioned Mr. Ennis if this isn't granted are there other opportunities there for the Club to perpetuate. Mr. Ennis stated he believes this gives them the best chance for success. Mr. Ennis stated there are certainly many options to explore, but he believes that every option to explore provides greater risk to the Club's success. If the Commission denies this application it will only add risk to that equation and they will certainly continue to fight, but it will make the fight harder. Mayor Wolfson stated Selva Marina Country Club would have options with the City of Jacksonville that the Commission has no control over. He stated his concerns are what happens to the rest of the acreage because that could adversely impact the community, being an adjacent municipality to the City of Jacksonville. He stated he is concerned about the relinquishment of an open area that has been recreation for many years. He stated he is not convinced that this is what is in the best interest of the citizens. He stated the Commission needs to continue doing due diligence and offering suggestions for possibilities of what the Club can do in the future to protect it for the duration. Mayor Wolfson questioned whether the ceiling would be 1281ots and Mr. Ennis stated yes. The Mayor stated he is comfortable with the transmittal but not comfortable with any ideas on this yet because he hasn't seen enough. He wants to keep his options open to either oppose this, support it, or offer an alternative. Mayor Wolfson clarified that, before calling the vote, this is a noncommittal on the Commission and can be withdrawn throughout the process. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson called alive-minute adjournment at 9:30 pm. The meeting reconvened at 9:40 pm. Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Wolfson opened the floor to visitors and explained the process for public comments. Pat Pitlmore, 995 Camelia Street, asked that the City look into hiring a City Planner. She also reported on the Wonderwood speed limit and medians on Mayport Road, and stated she supports the sanitation plan. Lori Armstrong, 400 Garden Lane, operates business at 987 Atlantic Blvd., stated she is opposed to Code Section 24-154, which prohibits displaying anything in front of your store, and is seeking a proposed amendment to allow a small display in front of stores. Commissioner Fletcher asked for clarification of the Code and asked to staff to look into it and report on it. Commissioner Simmons stated there are businesses who display on their own rental area, such as some of the ones in Town Center and in the Ocean 60 building, which is not considered sidewalk space. March 12, 2007 REGULAR COMMISSION MEETING Page 8 Gail Lee, Gail's Boutique, 469-11 Atlantic Blvd., expressed opposition to City Code Sec. 24-154 and asked for the consideration of the Commission. Bernard Kane, 333 Ocean Boulevard, expressed his appreciation for the construction of the 3rd Street dune overpass. Evan Ogin, 528 Royal Palms Drive, stated he is in opposition to the Sanitation Plan being changed to once a week pick-up. Bernard Kane, 333 Ocean Boulevard, spoke in opposition to the Sanitation Plan being changed to once a week pick-up and asked what citizens aze supposed to do about recycling, yard waste, large appliances, etc. No one else in the audience spoke and Mayor Wolfson closed the public portion of the courtesy of the floor to visitors. Unfinished Business 3. Unfmished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson reported on the breakdown of the 2006 Drug Related Chazges provided by Chief Thompson. Additionally, in response to Mr. Kane's comments on the Sanitation Plan, Mr. Hanson reported: (1) yellow bags are no longer being considered for trash pick-up but excess bags that will not fit in the toters will be allowed to be put out and will be picked up at the same time; (2) new larger recycling bins will be delivered by the hauler before June 1, 2007; (3) large appliances will be picked up by a separate truck; (4) elderly/ handicapped persons who cannot roll the can to the street will be put on a list and the sanitation drivers will go to the side of their house and get the bins for them; and (5) the change to once a week saves money and it will have all the garbage, recycling and yard trash collected in one day by zone. Commissioner Simmons pointed out that there are also smaller cans available for those who don't generate a lot of gazbage. Mr. Hanson explained that there were sample cans outside the Chamber for people to try out. Public Works Director Rick Carper stated they need to know by April 13 if citizens want a smaller can. Commissioner Simmons stated there was no way they would have any idea which size can they will want. Mr. Hanson stated there was a press release on this but agreed that they will have to make some assumptions on the number of smaller cans. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS March 12.2007 REGULAR COMMISSION MEETING Page 9 DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Monthly Building Department Report, Public Works and Public Utilities Report and Local Business Tax Receipts for February 2007. B. Approve the list of property as surplus to the City of Atlantic Beach. C. Extend contract for Ditch Spraying and Maintenance for another year with Bluewater Environmental of Florida, Inc. at the current prices ($20,928.00). Motion: Auurove Consent Agenda Items as read Moved by Fletcher, seconded by Simmons. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson 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. 20-07-83, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007. Mayor Wolfson opened the floor to the public hearing. No one from the audience spoke so the Mayor closed the public hearing. Motion: Auurove Ordinance No. 20-07-83 as read. Moved by Waters, seconded by Fletcher. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 55-07-31, Introduction and First Reading AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 16, SOLID WASTE AND RECYCLING, OF THE MUNICIPAL CODE OF ORDINANCES March 12, 2007 REGULAR COMMISSION MEETING Page 10 OF THE CITY OF ATLANTIC BEACH, FLORIDA; ESTABLISHING A NEW CHAPTER 16 AND ESTABLISHING AN EFFECTIVE DATE Motion: Approve Ordinance No. 55-07-31 on first reading as presented Moved by Simmons, seconded by Waters. Mayor Wolfson commented that there has been very little opposition and the only concern he has heard is regarding the number of pick-ups. He stated after discussion with the hauler and staff, the Commission has determined this should not be a problem. Commissioner Fletcher stated the statistics supplied by Mr. Carper were very helpful and, per the numbers, believes the garbage can be picked up effectively in just one day a week. He stated this will provide for a cleaner environment and reduces costs to the citizens. He believes this semi-automated trash pick-up is really best for the City. Commissioner Simmons stated that over 70% of the garbage was picked up on the first day of pick-up on a two-day pick-up per week, with a much smaller amount picked up on the second day, so it isn't like it is 50 - 50 and you really are going to lose a lot of garbage pick-up on that second day. Commissioner Waters stated he has a few non-material changes and will turn them in. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous S. Miscellaneous Business Business A. (Pubic Hearing) Request from Ruth M. Thomas for a waiver from Section 24- 255 (a) of the Subdivision Regulations seeking approval to create two lots that are less than 75-feet in width and less than 7,500 square feet in Lot Area and that are also less than the 75-foot width and 7,500 square feet requirements of the RS-2 Zoning District for property at 343/345 Second Street. Mayor Wolfson opened the floor to the public. R.D. DeCarle, 51 Beach Avenue, spoke in favor of the request for changing the use of this property. No one else from the audience spoke so the Mayor closed the floor to the public. Carol-Anne Hallam, 3625 Scioto Ct., Green Cove Springs, daughter of Ruth Thomas, asked for the Commission's consideration to allow her mother the option to create two lots that will be 50 feet wide each so it will be easier for her to sell her property. March IZ Zoo7 REGULAR COMMISSION MEETING Pa a I1 Ruth M. Thomas, 345 Second Street, stated since the death of her husband she will have to sell her home and move nearer her daughter and asked for the Commission's consideration in this matter. Mayor Wolfson asked Ms. Doerr to express the staff's findings. Ms. Doerr stated this is similaz to other requests they have had over the past four or five years and none of those requests have been approved. She explained the RS2 District requires a 75 feet wide by 100 feet deep lot. She stated that this lot meets the depth requirement, but the proposed lots would not meet the 75 feet width, nor the 7500 s.f. requirement of the subdivision regulations for new lots. Referring to Section 24-106 (d), Ms. Hallam stated there is a provision that states existing legally established lots of record may exist which do not meet the above requirements. It states these lots may be developed subject to all applicable land development regulations. She pointed out that this is not a new neighborhood, not a new request for land that has never been platted, it is simply keeping it in character with the neighborhood as it now exists and many of those homes have these lot dimensions and she asked that the Commission keep that in consideration. Mayor Wolfson asked Ms. Hallam where the 10 feet aze located on the property that was given back to the City. Ms. Hallam stated there is a 10 ft. easement on the survey. Commissioner Simmons asked to know more about the missing 10 ft. Ms. Hallam stated there aze many homes on Second Street that have the same easement. Mayor Wolfson asked staff for explanation. Ms. Doerr stated the property survey is 140 ft. deep by 100 ft. wide and she does not believe the easement has any bearing on the plat. Mayor Wolfson stated the easement is on the street side, not the reaz side. Ms. Hallam stated it is part of the street and only one side of the street gave up the 10 ft., the other side did not. Commissioner Simmons stated Mr. Jensen pointed out to her that the legal lot is 140 ft. deep. Motion: Deny request for waiver from Section 24-255 (a) of the Subdivision Regulations for property at 343/345 Second Street Moved by Fletcher, seconded by Simmons. Commissioner Fletcher stated that at some point the City has to clean up these land messes and he is leery about setting precedence of waiving subdivision requirements. He asked Ms. Doerr if there is a duplex on the property and it was divided into two lots, couldn't they put two duplexes on each lot if they fit. Mr. Doerr stated no, it would not be large enough to meet the comp plan density. Commissioner Simmons stated that while no cases like this have been approved in the past four years, there have been cases like this. She stated during the previous Commission, she had an almost identical case and the previous Commission, with no discussion, voted unanimously to deny that request. She also stated, in terms of size, because of the new community chazacter ordinance with a .60, there could be the same amount of building structure, whether it is one lot or two. She stated this would set a precedence in not standing up for the City's Codes. March 12.2007 REGULAR COMMISSION MEETING Page 12 Votes: Aye: 2 -Fletcher, Simmons Nay: 2 -Waters, Wolfson MOTION FAILED Motion: Approve request for waiver from Section 24-255 (a) of the Subdivision Resulations for property at 343/345 Second Street Moved by Wolfson, seconded by Waters. Mayor Wolfson explained he would like to see this kept as single family instead of a duplex, which is why he made the motion against staff's recommendation. Commissioner Waters stated this is an old neighborhood that was laid out with 50 ft. lots, so turning this back into two (2) fifty foot lots is not an awful thing to do and is definitely in keeping with the character of the way the original land was laid out. Commissioner Fletcher asked Mr. Jensen what is the weight of precedent here since none of these waivers have been approved in the past four years. Mr. Jensen stated we should look at this issue because what the are asking for makes a lot of sense, but there was almost an identical request on 8 Street that came to this Commission and was denied. Commissioner Fletcher asked Mr. Jensen why, legally, aze they all denied, to which Mr. Jensen replied the Ordinance requires that newly platted lots have at least 75 ft. width by 150 ft. depth for a total of 7500 s.f. Mr. Jensen stated if this Commission were to approve this waiver now, having denied one a year ago that was virtually identical, those prior people might come after the City in a lawsuit. Commissioner Fletcher agreed and said we have got to hold the line at some point. After discussion, Mayor Wolfson and Commissioner Waters withdrew their motion and second. Motion: Defer to next meeting when there is a full commission Moved by Waters, seconded by Fletcher (Note: After discussion, Fletcher withdrew his second; Mayor Wolfson seconded.) Ms. Doerr stated they can fully expect by next meeting to have other applications because this has been an ongoing and consistent process and those other applicants will be back. Mayor Wolfson stated he would like to go back and look at the last one they denied. Commissioner Simmons stated she did not believe that was this Commission. Commissioner Waters stated the last one this Commission did was on Frozio on Club Drive. Mr. Jensen stated he thought the Brown property on 8~' Street came before this Commission. Commissioner Fletcher said he is withdrawing his second because he is too leery of opening up the box. They have to continue to close the box. Mayor Wolfson seconded the Motion to defer and called a vote. March 12.2007 REGULAR COMMISSION MEETING Page 13 Votes: Aye: 2 -Waters, Wolfson Nay: 2 -Fletcher, Simmons MOTION FAILED Mr. Jensen stated that procedurally the Commission has not taken any action. The motion to deny the waiver failed, the motion to defer failed, there have been no other motions acted on. Mr. Jensen stated that the Commission has to act on the item. Commissioner Fletcher asked for a recommendation from counsel. Mr. Jensen recommended they defer to next meeting when they have a full Commission. Commissioner Simmons disagreed. Commissioner Fletcher asked for clarification that they have to take action on this issue tonight. Mr. Jensen stated the Commission has to take action on the request for the waiver, but it doesn't have to be tonight. Mayor Wolfson questioned Ms. Doerr whether the motion to approve is consistent with the comp plan and is the motion to deny consistent with the comp plan. Ms. Doerr explained that the proposed lot sizes would meet the lot requirement for asingle-family residence on each lot. She stated it is a subdivision and zoning district regulation that it doesn't meet the requirement for a '7500 s.f. lot. Mayor Wolfson stated that the density is the same whether someone wants to build a duplex or two homes. Ms. Doerr stated you cannot put more than two units on a piece of property. Mayor Wolfson stated that was correct so the density does not become an issue unless someone wants to build a single family home on a large lot or two single-family homes on two smaller lots. That's the only time there is a density issue here. Ms. Doerr stated that was correct. Mayor Wolfson stated that means it would be consistent with the comp plan. Ms. Doerr agreed. Mayor Wolfson stated the Commission is in a quandary. Commissioner Fletcher referred to the staff report that states there is a significant number of very large oak trees which canopy over the property and any action that would serve to support destruction of this tree canopy would be inconsistent with the stated objectives of the City's comp plan. Commissioner Fletcher believes it might be in line with the character but he is extremely concerned about the legal precedent. Mayor Wolfson stated he is concerned also and does not want to open up an opportunity for litigation. Ms. Doerr stated the City needs to be consistent. Commissioner Fletcher stated if we are not happy with that, then change the policy legislatively. Commissioner Waters stated waivers exist to be waivers, you don't change policies because you grant a waiver, nor is anyone entitled to a waiver just because you gave the waiver to someone else. In the case of the Fozios, they were not in a medium density, they were in low density residential. Commissioner Simmons stated the one on Eighth Street was core city, medium density and that was denied. Mayor Wolfson stated Eighth Street is single-family residential, not medium density. Motion: Approve request to waiver from Section 24-255 (a) of the Subdivision Regulations for property at 343/345 Second Street. Moved by Simmons, seconded by Wolfson. (Note: After legal clarification from the City Attorney, Mayor Wolfson withdrew his second. Commissioner Fletcher then seconded.) March 12, 2007 REGULAR COMMISSION MEETING Page l4 Mr. Jensen stated if a motion to approve fails, that is a denial. Mayor Wolfson withdrew his second. Commissioner Fletcher seconded. Votes: Aye: 2 -Waters, Wolfson Nay: 2 -Fletcher, Simmons MOTION FAILED Mayor Wolfson expressed to Ms. Thomas that she can return when there is a full Commission and bring the waiver back for a request. Ms. Doerr stated there is a $250 application fee which she is not allowed to waive. Motion: $250 fee will be waived if aoaGcant reaaalies within 30 days Moved by Fletcher, Seconded by Simmons Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson explained to Ms. Thomas she can return before the five person Commission to make the same request, without paying the $250. He stated that she should contact the Community Development Director, Sonya Doerr, and she will assist her. B. Public hearing to consider transmittal to the Department of Community Affairs of proposed semi-annual amendments to the 2015 Comprehensive Plan, including one proposed amendment to the Future Land Use Map, described as follows: Request from Selva Marina Country Club, Inc. to amend the 2015 Future Land Use Map to re-designate approximately 27.34 acres from Recreation and Open Space (R/O) to Residential, Low Density (RL) for property located at 1600 Selva Marina Drive. The anticipated future project is redevelopment of the Selva Marina Country Club golf course and club facilities and new residential use. No zoning change or specific plan of development is under consideration at this time. (Selva Marina portion of Item 8B was taken out of sequence and acted on earlier in the meeting.) Also, City-initiated proposed text amendments (unrelated to the above application) to the Goals, Objectives and Policies of the Capital Improvements Element and the Intergovernmental Coordination Element of the 2015 Comprehensive Plan. Mayor Wolfson opened the floor to the public hearing. March 12, 2007 _ REGULAR COMMISSION MEETING Pa a IS No one from the audience spoke so the Mayor closed the public hearing. Ms. Doerr stated there are two new policies proposed on the Intergovernmental Coordination Element indicated by underlined text on Page G-5, Policy 01.3.2 and 01.3.3. The more significant amendments are to the Capital Improvements Element of the Comp Plan. She stated we should be reviewing and updating this element every year as needed. She explained to Commissioner Fletcher that the additional language he requested will be added when she coordinates with Ed Layman at the Regional Planning Council. There will also be an opportunity to make additional revisions when this comes back through the adoption phase. Commissioner Fletcher asked Ms. Doerr to clarify that changes can still be made before adoption. Ms. Doerr stated that is correct because when we come to the adoption process we can adopt with changes and then identify the changes made to DCA. Motion: Direct staff to transmit to the Department of Community Affairs. in accordance with Sections 163.3184,163.3187 and 163.3189, Florida Statutes, proposed tent amendments and updates to the Capital Improvements and Intergovernmental Coordination Elements of the 2015 Comprehensive Plan, finding that• 1. The proposed text amendments have been fully considered after public hearing pursuant to legal notice duly published as required by law 2. The proposed text amendments are consistent with the City of Atlantic Beach Comprehensive Plan. Ordinance No. 31-04-04, as adopted and amended; Florida Statutes (Chapter 163, Part III; and Rule 9J-5, Florida Administrative Code, as these relate to the adoption of Comprehensive Plan amendments. 3. The proposed text amendments preserve internal consistency with the adopted 2015 Comprehensive Plan. Moved by Simmons, seconded by Wolfson. Commissioner Fletcher expressed concern about who pays, the developer or the City. He stated at the Regional Planning Council (RPC), they added a phase that the City has the sole right to decide who pays; secondly, the Capital Improvement Element is not a pay as you go CIE, it simply says financial feasibilities shall be insured; and thirdly, if you defer any action the City could take on a development to permitting or certificates of occupancy, that is way late in the process and you get stuck. He stated this has happened at RPC. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED March 12.2007 REGULAR COMMISSION MEETING Page 16 C. Approve the New Sanitation Contract with Waste Services of Florida and authorize the Mayor to execute the agreement for services beginning June 1, 2007. Mr. Hanson stated the summary of the contract changes is attached to the staff report and reflects changes made to the City Code, which was approved tonight. Motion: A~nrove the New Sanitation Contract with Waste Services of Florida and authorize the Mavor to execute the agreement for services beginning June 1, 2007. Moved by Simmons, seconded by Waters. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Authorize new sidewalk construction on Palm Avenue and West 11th Street. Mr. Hanson stated there is money to accommodate both sidewalks in the current budget. Motion: Authorize new sidewalk construction on Palm Avenue and West 11th Street Moved by Fletcher, seconded by Simmons. Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED E. Prostitution Enforcement. Chief Thompson summarized his written report, stating we are having difficulty getting them prosecuted the way they should be. After discussion, the Commission asked that Mr. Jensen meet with State Attorney Harry Shorstein and report back at the next meeting. City Manager 9. City Manager A. City Manager's Report Mr. Hansen summarized his written report and also stated upcoming events are the Annual Skateboard competition and the Annual Arts in the Park Festival on May 5. He also mentioned the best meeting times for the regular workshops with the Commission will be the Tuesday after the second Monday in each month. Mayor Wolfson clarified March 12.2007 REGULAR COMMISSION MEETING Page l7 that these dates be put on the calendar annually but if they have nothing to meet on there will be no meeting. The Commission decided these meetings will be held at 6:00 p.m. Reports/Requests 10. Reports andlor requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Simmons • Asked the City Clerk to look up the cases of denial/waiver of lot size so the Commission will be prepared should Ms. Thomas return for her waiver. Commissioner Fletcher Commended the Commission for their patience and accomplishments tonight. Commissioner Waters • Asked for clarification if the Commission had set precedent for anything else when they grant a waiver. Mr. Jensen stated they would certainly set a precedent for identical requests that came in later. Commissioner Waters stated that a waiver is considered on its individual merits. Mr. Jensen stated that if there is a way to differentiate between two requests, you can judge each one on its merits, as you should, but if you had another request identical to this one he stated he hoped they would be acted on the same. Commissioner Simmons stated that was why she requested staff pull the records. Mayor Wolfson stated what he doesn't want to do is be inconsistent. Mayor Wolfson • Asked that the Commission follow the Legislative Alerts regarding the tax reform in Tallahassee and stated this will be the major issue the Florida League of Mayors will address and it concerns every municipality throughout the State. He stated Nelson VanLiere put together a memorandum which was forwarded to Mr. Hansen regarding the 2007 proposal for property tax reform and what it will mean to the citizens of our community. He requested the Commissioners please review it when you receive it and give him their thoughts so he can speak to the Florida League of Mayors about this. City Clerk Bussey • Requested clarification for how far back they need the research. Commissioner Simmons suggested checking back to when it was codified that it had to be 7500 s.f. and 75 ft wide lot, but she is not sure what a reasonable time period is. Commissioner Simmons suggested when the staff determines when that time period was, something may appear obvious to staff as to how far back it will need to be. • Informed Commission there are two Monday holidays when the Commission will meet on Tuesday -May 29 and November 13, 2007. Mayor Wolfson stated the November 13 date will interfere with the regular workshop meeting just scheduled so they will need to find another time to meet, if needed. March 12.2007 REGULAR COMMISSION MEETING Paae 18 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 11:38 pm. Donald M. Wolfson, Mayor/Presidin Officer ATTEST: ~'%~~ Donna L. Bussey, CMC City Clerk