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07/10/06MINUTES REGULAR CITY COMMISSION MEETING July 10, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner Jamie Fletcher Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Fletcher was followed by the Pledge of Allegiance to the Flag. Mayor Wolfson welcomed Commissioner Waters back. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on June 26, 2006. Mayor Wolfson asked that the minutes be amended to correct two typographical errors: 1) on Page 4, in the 4`'' line of the next to last paragraph to replace the word "arena" with the word "area", and 2) on Page 8, Under C. Investment Policy Update, on the second line, replace the word "be" with the word "been". Motion: Approve the minutes of the Regular Commission Meeting on June 26, 2006 as amended. Moved by Commissioner Borno, seconded by Commissioner Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Proclamation to Mayport Naval Station (Mayor) Mayor Wolfson presented a Proclamation honoring Mayport Naval Station to the Commanding Officer Captain Charles King. Mayor Wolfson read the proclamation in its entirety. Captain King expressed his gratitude for the proclamation and for the relationship with the City of Atlantic Beach. The Mayor opened the floor to Courtesy of the Floor to Visitors. Julv 10.2006 REGULAR COMMISSION MEETING Page 2 Bob Barnes, 1238 Beach Avenue, spoke against plans to repair a sidewalk located on Beach Avenue near his property. Mr. Barnes stated his concerns over privacy and safety for his family. He asked the Commission to consider tearing out the sidewalk and replacing it with sod. David Bailey, owner of Bailey's Power House Gym, expressed concerns regarding parking if the Commission allowed Freebird's Cafe to move into the Atlantic Theatre location. Mayor Wolfson advised Mr. Bailey that the Commission would open the floor to a Public Hearing later during Miscellaneous Business and that further comments could be made at that time. Stephen Kuti, 1132 Linkside Drive, stated his opposition to "McMansions" and his concerns with the draft Proposed Residential Development Standards. Mr. Kuti expressed hope that the Commission adopt an Ordinance with no more than a 0.50 Floor Area Ratio (FAR). Douglas Speed, 1207 Seminole Road, complimented the city on several issues: 1) five-way stop 2) skatepark -recommended adding lights and extending the hours for the skatepark, 3) the idea of medians on Mayport Road, 4) Public Works' staff, particularly the Employee of the Quarter, for cleaning up the Mayport Road area, and 5) police efforts on Seminole Road. Mr. Speed reported several concerns: 1) sidewalks on Park Terrace East and West appear to be in bad shape, 2) heat pump on Park Terrace East and Seminole Road continually runs on sidewalk causing it to be slippery, 3)sidewalk on corner of Seminole Road and Selva Marina Drive isn't pedestrian friendly, 4) entrance and exit around Seminole Road and Selva Marina Drive is dangerous and suggested signage around the curb, 5) traffic from Sewer Plant brings extra traffic through Linkside, and 6) Fleet Landing exit is being used for more than emergencies which was not the intention of the city. Bryan Barker, 1225 Selva Marina Circle and soon to reside at 620 Beach Avenue, spoke regarding the Residential Standards being applied only to old Atlantic Beach. He believes that the restrictions should apply to the entire city and expects the commission to explain why they do not apply to all. Mayor Wolfson reminded visitors that the Commission listens rather than responds to visitor remarks during the Courtesy of the Floor. Sally Clemens, 1638 Park Terrace West, explained the history of the Community Character project. She compared the original lower proposed FAR to the latest proposed FAR and requested that the Commission compromise. Sharon Scholl, 2049 Selva Marina Drive, concerned with behavior and attitudes that have resulted from conflicts over the proposed residential standards. Ms. Scholl asked the Commission to go back at least three drafts and revisit some of the limiting principles. She complimented the Commission for addressing the matter of a 35-foot height referendum. July 10.2006 REGULAR COMMISSION MEETING Pace 3 Carol Mikell, 1771 Sea Oats Drive, Chairperson of "Save Atlantic Beach", noted the large number of supporters in the group and their communication efforts. She explained the financial implications of building a big house and believed that many people would not be able to get a loan to build oversized houses. Rae Brady, 1636 Sea Oats Drive, concerned about impervious surfaces and drainage with regard to Community Character development. She believes the entire community is affected and urged the Commission to be proactive. Ray Coleman, 438 Inland Way, Member of the Cultural Arts and Recreation Advisory Committee, spoke regarding Item 8B. He expressed concerns that programs, events and projects are not being advertised enough throughout the city and requested that the Commission budget two reader marquees to use for informing the public. Mayor Wolfson thanked Mr. Coleman and the Cultural Arts and Recreation Advisory Committee for their work. Judy Sheklin,1985 Brista Del Mar Circle, is concerned with the draft proposal and would like protection of the community with regard to space and tree canopy. R.D. DeCarle, 51 Beach Avenue, thanked the Commission and Community Development Board for the time they spent on the project. He gave the Commission a plat of "Old Atlantic Beach" to refer to for identifying the legal described sections where "Old Atlantic Beach" is. He urged the Commission to consider protecting the entire city instead of limiting the area to "Old Atlantic Beach". He pointed out areas of the draft proposal that needs amending. He requested that only three-story houses be addressed. Barbara Mears, 1604 Coquina Place, hopes that the ordinance passed by the Commission will apply to all of Atlantic Beach, not just a particular area. Ms. Mears would like to review Alan Jensen's position regarding the proposed Residential Development Standards. She expressed that the current draft is not ready still. Bob Castro, 412 Ocean Blvd, spoke in favor of the rights of property owners and expressed concern with potential legal action against the City. He compared the proposed guidelines to a Planned Unit Development and believes that the proposed guidelines would take away the Character of the city. Lisa Bruno, 377 Plaza, supports changing the zoning. She believes the draft proposal should be modified through more workshops in order to uphold the goals to achieve balance and scale. Ms. Bruno urged the Commission to vote against the draft proposal, stay on coarse using Winter's recommendations and consider using FAR's in the range of .3 5 to .4 to preserve Atlantic Beach. Tom Goelz, 631 Beach Avenue, spoke about the character of the community being more that just regulation of zoning and development, but the relationship of the citizens. Mr. Goelz hopes to see more compromise and less division within the community. He thanked the Mayor and Commissioners for their work. Julv 10, 2006 REGULAR COMMISSION MEETING Paee 4 Mayor Wolfson asked Gerard Vermey and Judy Jenness to wait and speak during the public hearing on Item 8A which is later on the agenda. Pat Pillmore, 905 Camelia Street, stressed to the Commission not to sacrifice impervious surfaces. Ms. Pilmore added that decisions regazding Community Chazacter should not be influenced by businesses of building and developing, profit or portfolio but about living in Atlantic Beach. Michael Lanier, 1768 Park TerraceWest, asked the Commission to take a long term view for the future of Atlantic Beach. Former Mayor Bill Gulliford, 75 Beach Avenue, agrees with the need to consider the impact of zoning restriction on the entire community and take a long term view. He urges the Commission to clearly define what they want to accomplish through the Community Chazacter project and cleazly define what a "McMansion" is. David Boyer, 2061 Beach Avenue, supports a stronger ordinance and including the entire city. He believes that using FAR is a good idea. Thomas Grant, 1909 Selva Marina Drive, expressed concerns with the proposed draft and suggested having more workshops in order to come up with a more reasonable ordinance. Mike Witherspoon, 679 Ocean Blvd, is hopeful that, with more time, the community will resolve the residential standard conflict. Mr. Witherspoon complimented the Community Development Board and the Commission and encouraged all parties to work together. Mayor Wolfson explained the history of the Community Character movement and stressed the importance of relationships with each other in the community. He explained that the height referendum item is up for discussion tonight and that, if adopted by the voters, would affect the city's charter. He compared a charter revision to an ordinance change such as the one regarding the Residential Development Standards and pointed out that the Charter can only be changed by a maj ority of the voters, but that ordinances can be changed by the Commission. He asked for a show of hands from the audience members that are in attendance for Agenda Item 8C, Proposed Residential Development Standazds, as recommended for adoption by the Community Development Boazd. With there being a good number of citizens present for that item, the Mayor asked the Commission if they wished to move that item up on the agenda. It was the consensus of the Commission to allow item 8C to be taken out of sequence and addressed at this time. Miscellaneous Business C. Proposed Residential Development Standards, as recommended for adoption by the Community Development Board (City Manager) July 10, 2006 REGULAR COMMISSION MEETING Pace 5 Sonya Doerr addressed the Commission and explained that Sam Jacobson, Chairman of the Community Development Board, was there to give his report and be available to answer questions after her report is made. She referred the Commission to the information submitted in the agenda packet which is attached and made part of this official document as Attachment A. Ms. Doerr went through each topic summary of the draft Proposed Residential Development Standards and explained some of the reasons for the language being proposed. The Mayor introduced Sam Jacobson, Chairman of the Community Development Board and explained to everyone that Mr. Jacobson is there to represent the action of the Board collectively. Mr. Jacobson, explained the Community Development Board's role in the project and that each member was committed to come up with something that would be in the best interest of the Community. He reported that many hours were spent on the Community Character project in meetings, workshops and research. He summarized the objective and the challenges the board faced while trying to balance preservation of "Character", getting the most out of your property, property rights, and quality of life issues. He reported that the area of applicability had continuous controversy. The initial recommended area stopped at 11 ~` Street, then changed to 16th Street as the Northern boundary. He explained that there where discussions regarding extending the area to cover the entire city but that the final recommendation was not to include it. Mr. Jacobson continued to go through the Proposed Residential Development Standards and explained the reasons and information leading to the final recommendation. Mayor Wolfson thanked Sam Jacobson for his report. He extended his appreciation to the entire members of Community Development Board for their hard work on the project. Mayor Wolfson stated his need to address and debate some questions that he still has and suggested holding another workshop to provide the interaction in an open forum. Mayor Wolfson asked each Commissioner to express whether or not they would consider another workshop. The consensus of the Commission was to hold a final workshop. Mayor Wolfson asked Jim Hanson to coordinate with the City Clerk to schedule a meeting time for the workshop. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report July 10, 2006 REGULAR COMMISSION MEETING Paae 6 City Manager Jim Hanson advised the Commission that there is no follow-up report to present. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Report for Public Works and Utility Department, and New Occupational Licenses issued in June 2006 (City Manager) B. Award the contract for Utility Installation at Sawgrass Chapel Place to Gruhn May, Inc. in the amount of $195,094, approve a contingency amount of $19,509.40, and authorize the City Manager to sign the contract (Bid 0506-11) (City Manager) C. Authorize Staff to negotiate with CDM for a Scope of Services for final design and construction of the Hopkins Creek Regional Retention Facility (City Manager) Motion: Anurove Consent Agenda as aresented. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, 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. 90-06-194, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only. Mayor Wolfson believed that the ordinance being presented had errors. The Mayor referred to the proposed ordinance, which is attached and made part of this official document as Attachment B, pointed out unclear language and offered new language to reflect the intent the Commission agreed to at the last meeting. Commissioners Borno and Simmons agreed that the language was unclear and that further discussion was necessary. There was a concern about the twenty-five (25) feet being in the July 10.2006 REGULAR COMMISSION MEETING PaEe 7 referendum. City Attorney Jensen believed it could be stricken and requested that any proposed changes be provided to him in writing. Mayor Wolfson agreed and asked the Commission to submit the requested changes to the City Manager. The City Manager agreed to compile the information and forward it to the City Attorney. The Mayor requested that the revised Ordinance be circulated to the Commission by the end of the week for action at the next meeting. Motion: To defer action on Ordinance No. 90-06-194 until the July 24.2006 meeting. Moved by Fletcher, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 20-06-79, Introduction and First Reading AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Wolfson read the ordinance by title only. Commissioner Borno explained the purpose of the ordinance for the audience. Motion: To approve Ordinance No. 20-06-79 on first reading. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request from Judy Jenness for aUse-by-Exception (2006-03) to relocate the Freebird Cafe to the Atlantic Theatre site located at 751 Atlantic Boulevard and to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) (City Manager) Sonya Doerr reported the Community Development Board's recommendation. She indicated that the Board heard comments from her, the applicant, Chief David Thompson and several citizens and unanimously recommended approval of the Use- July 10, 2006 REGULAR COMMISSION MEETING Paee 8 by-Exception. She explained that the applicant addressed several issues to the Board such as: sound impacts to the adjacent residential areas, security and parking. Ms. Doerr pointed out the difficulty in determining the parking needs and how it was calculated in this case. She noted that conditions could be placed on granting the exception in order to help some concerns that were raised. She offered the following example: no parking, no entrance, no exit, and no deliveries on the backside of the building after five o'clock (5:00) p.m. Commissioner Simmons suggested morning delivery restrictions, extra policing, and evaluation from a sound engineer Police Chief David Thompson reported on the expected policing concerns. Security issues were addressed and he explained that Freebird would provide security personnel. Chief Thompson agreed that bringing in this type of venue would increase police workload. Noise was a concern since live music will be in close proximity to a residential neighborhood. He offered solutions to help with the noise. He also reported on parking lot trends and indicated that the parking impact would depend on variables such as: hours of operation of the surrounding businesses and what types of businesses open up. He noted that the Police Department does not have an opinion one way or the other to recommend or not recommend. Discussion ensued then the Mayor opened the floor to the public hearing. Judy Jenness, owner of Freebird Cafe, indicated that the main reason to move into the Atlantic Beach location was to increase the stage size in order to attract a wide variety of music acts and well-known performers. Deliveries, cleanup, noise, entrances, exits, parking and security were addressed during the discussion. Commissioner Borno asked questions on Ms. Jenness' topics and also inquired about the performers having buses. Ms. Jenness explained that not all entertainers have buses but the more popular ones will. He recommended having a police officer at each performance. Commissioner Fletcher advised everyone that he would vote against it tonight and explained his specific reasons. Noise and late night hours were a major concern for that location since it is in a Commercial Limited District in a primarily residential area. He believed the request to be contrary to public interest and detrimental to the safety and welfare of the citizens based on the noise and the potential for increased crime. He further believed it is not compatible with the adjacent properties. Commissioner Waters believed the other businesses in that mall should be surveyed to find out if they think the concert hall would attract patrons to their business. He believed the addition of a concert hall would add to the variety and help the surrounding businesses. Gerard Vermey, 65 Shell Street, spoke in favor of the Freebird Cafe moving to that location. He pointed out that the cafe is similar to the business that is already located there. July 10, 2006 REGULAR COMMISSION MEETING Pace 9 Tom Falin,1144 Hamlet Lane East, Neptune Beach, General Manager of the Atlantic Theatre, spoke in favor of the Freebird Cafe. Mr. Bailey, brother of David Bailey, spoke against Freebird Cafe mainly due to parking and security concerns. He distributed a map of the property showing a new strip mall in front of Bailey's Gym. Mr. Bailey addressed questions from the Commission. Motion: To Approve the Reauest for aUse-bv-Exception (2006-03) to relocate the Freebird Cafe to the Atlantic Theatre site located at 751 Atlantic Boulevard and to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only) as recommended by the Community Development Board. Moved by Borno, seconded by Waters Commissioner Simmons suggested that if the Use-By-Exception was passed, then conditions should be placed on the business such as: soundproofing the building, placing a concrete barrier between the building and the residential houses and regulating the hours of deliveries. Mayor Wolfson expressed his opposition to approving the request. He explained concerns regarding the parking, noise, safety, impact on Bailey's Gym and impact on nearby residents. Commissioner Waters expressed his support for the cafe. Commissioner Simmons did not feel comfortable voting in favor of the Use-by- Exception tonight since there were too many things to look at. She believed the new information regarding the proposed new strip mall would add to the parking concerns and should be researched and addressed. She believed that the owner should research the concerns and come back at a later time with solutions to some of the issues. Commissioner Borno agreed with Commissioner Simmons. Commissioner Borno withdrew his motion. Commissioner Waters withdrew his second. The Mayor explained to the applicant that if they were to vote on the Use-by- Exception and it be denied, the City Commission would not be able to vote again on a similar request for Use-by-Exception for 365 days. The Mayor asked the applicant if she would agree to come back at a later date. Ms. Jenness agreed to the Mayor's offer. Motion: To defer the Reauest for aUse-bv-Exception by the applicant until such time as the applicant brings it back to the Commission for further consideration. Jul_y 10, 2006 REGULAR COMMISSION MEETING Page 10 Moved by Simmons, seconded by Waters Votes: Aye: 4 - Borno, Simmons, Waters, Wolfson Nay: 1- Fletcher MOTION CARRIED Mayor Wolfson advised Ms. Jenness to reapply through the City Clerk when ready. B. Draft Resolution from the Cultural Arts and Recreation Committee to purchase and Install two Marquees (City Manager) City Manager Hanson explained that Ray Coleman spoke earlier regarding the Cultural Arts and Recreation Advisory Committee's recommendation for the City to purchase and install two marquees. He reported that staff recommends discussing it at a Budget Workshop. Commissioner Borno had concerns regarding the proposed locations and who owns them. He expressed that he did not believe marquees to be the answer to advertising. Commissioner Simmons agreed and wants to hear more choices for advertising during the budget meetings. Commissioner Fletcher agreed and added that he would like to have further information such as cost for preparation and maintenance, procedures on control of the content, and city manpower needs. The consensus of the Commission was to put a hold on any action and discuss the item at a Budget Workshop. C. Proposed Residential Development Standards, as recommended for adoption by the Community Development Board (City Manager) This item was taken out of sequence and acted on earlier in the meeting. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment C. His report discussed the Traffic Study concerning proposed Wal-Mart in Neptune Beach. July 10.2006 REGULAR COMMISSION MEETING Page 11 He also reported on The Palms Apartments indicating that a draft agreement between the owner and the City has been circulated and that they are currently discussing areas of disagreements. He expressed hope that an agreement could be worked out soon. City Manager Hanson reported an emergency repair to a critical component at the Buccaneer Wastewater Plant on July 7th. He explained that the cost was $22,153 for the sole source item. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Advised the Commission that he will leave town on Friday July 14th and will return on Saturday, July 22na Commissioner Simmons • Referenced and explained a packet that she had prepared and distributed that includes helpful tables and information to be used during the Community Character Workshop Commissioner Fletcher • Thanked Commissioner Simmons for the wonderful information Commissioner Waters ~• Expressed he was glad to be back from vacation Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 11:27 p.m.. ~~ ~ Donald M. Wolfson, Mayor/Presidin Officer ATTEST: Donna L. Bussey City Clerk ATTACHMENT A Commission Mtg. 7/10/06 ;`.G1uNDA [TEi~i #~SC JULY 1i1, 20116 CITY OF ATLANTIC BEACH CITY CUMMISSInN STAFF REPORT AGENDA ITElV1: Direction from City Commission to schedule and notice public hearings to consider and act upon an ordinance containing proposed Residential Development Standards, as recommended for adoption by the Community Development Board. SL'B>vtITTED BY: Sonya Doerr, A1C:P ~,b` Community Development Director DATE: July ~, 2006 BACKGROUNll: The Community Development Board, at meetings an June 20th and June 29th, tool: further public comment and considered the fourth draft of proposed Residential Development Standards, which over the past sia months.. ha~•e been substantively revised to address comments and concerns of the community. Following extensive discussion and thorough rcvie~v of the currant draft, the Community Development Board recommended approval of this draft. In forwarding their recommendation to the City Commission. the CD Board expressed several thoughts chat they wished to convey, • The one•}•ear revie~a~ period should include consideration of other residential areas of the City to determine if the regulations should be extended to such areas before inevitable development pressures, similar to thosz now seen in Uld Atlantic Beach, extend to other neighborhoods. • The CD Board, during revision of the various draiis, has attempted to narrow the proposed regulations and focus upon those directly related to mass, scale and preser•~~ation of tree canopy, and not regulations that direct design of new residential dwellings. As proposed, the new Residential Development Standards would be added to the Zoning and Land Development Regulations as Section 24-172. Two public hearings with the customary first and second ordinance reading would be required to enact this amendment to the zoning regulations. BUDGET: Vo budget issues. RECOMMENDATION: Direction to Staff related to public hearing dates. ('I'hcre is adequate time to notice the public hearings and the proposed C3rdinance for the July 24th and the August 14th City Commission meetings.) ATTACHVIF.,NTS: Draft of proposed Residential Development Standards as recommended for approval by the Community Development Board. REVIEWED BY CITY :~'IANAGER• July I4, 2446 regular nleeFinC .__ _ __ AGE~D:~ ITE11 ~C .I l: Ll' 10.200( /haft as recn»rmended}''~r appre~t~al by !hc Cvmmunrti~ Den~elopmenl Beard .lone 3f1. ZUO~S SFCTI4N 24-172. Residentia! Development Standards (a} Purpose and Intent. T'he purpose and intent of these new- regulations is to implement the goals, olajectives and polices as set forth within the adopted 2015 Comprehensive flan, as restated below. Policy A.1.4.3 By December 31, 2005, the Cit}= shall consider amendments to its Land Development Regulations, which include provisions intended to retain the unique community identity. the architectural charactee, and the residential scale of that area of the City knov~~l as Old Atlantic Beach. (Atlantic Beach Subdivision r'1.} Palicy A.1.4.~ '~~l~ithin Uld Atlantic Beach, the City shat[ consider options to discourage the redevelopment of residential tots in ways that are inconsistent and incompatible with the historic and existing built environment. The diversity of r~sidcntial types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighborhoods that ma}• result from new Development, which because of excessive height, mass or hulk may result in new development that excessivel~• dominates established development patterns within neighborhoods or excessively restricts light, air, breezes or privacy on adjacent properties. (b} Applicabiliq~. The Development Standards set forth within this Section shall apply tc~ Development of new Single-family and 'Tw•o-family Dw-el[ings within that area of the City generally referred io as Old Atlantic Beach, which for the purposes of this Section shall be bounded bv; • r'~ltcrn Street betty=een the beach and Sherry Drive on the south; • Sherry Drive, which becomes Seminole Road, extending. north to 11th Street on the west; • 1 lth Street extending east to East Coast Drive; • East Coast Drive extending north to 16th Street, and 16th street extending east to the beach. Development, as used within this Section, shall also include total redevelopment of lots and certain renovations and additions to Single-family and Two-family Dwellings as set forth herein. (c} Additional Residential Development Standards. The following standards and requirements shall apply to that area defined in preceding paragraph (b}, and as further and snore specifcally described for each particular standard or requirement. (1} Coverage by Buildings. 'I'o maintain a sense of openness acid to allow for light, air and breezes, the following limits for the amount of a Lot or Parcel, which may be covered by the footprint of Duildings, shall be as follows: i. One-story single and two-family dwellings: 4S°l° ii. Two-story single and two-family dwellings: 40°ro iii. Three-story single and two-family dwellings: 3S% Buildings shall include the Principal Ilse Building anal any permanently placed or constructed Buildings on the Lat. Page 1 of 4 AGt:tillA ITF~t #8C JL'L1' tt-. 31xt6 (3rc71t ors recvmmenJec~~+vr crpprtrvuf by the t'anrnrro7ito~ Dc~•elopnrcru Boyd Junr ~(7, 'lJrJb (2) Floor .rtreQ Ratio (F~1R). Floor Area Ratio limits are established to prevent incompatible mass and scale where new development might othersise excessivel}~ dominate the existing streetseape and existing adjacent residences. FAR shall be defined as the ratio of total counted above-grade floor areas of certain Buildings on a Lot or Parcel compared to the total Lot Area_ FAR =Total counted Floor Area =Total Lot Area The following I~AR provisions shall appl}' to ne~~° Single-family and 7'~4•a-f"arnil~~ D~~~cflings. i. Lots or Parcels that contain 6400 square feet of Lot Area or less shall be assumed to contain 6400 square feet of Lot Area, and Floor Area Ratio limits as set forth within this Section shall apply. For example, maximum Floor Area Ratio fora 5.200 square foot lot shall be calculated. as if the lot size is 6440 square feet in size. ii, A maximum Floor :area Ratio limit of .70 shall appl}~. iii. I~AR calculations shall be included on all Single-family Dwelling and T~vo-family Dwelling Construction Plans submitted to the Cit} for re~-iew and permitting. iv. The folio~ti•ing elements of a Single-family or Two-family- Dwelling shall be counted in the FAR calculation. • [nterior heated and cooled areas. • Porches,. balconies, patios and breeze~tiays with a solid cover or roof when enclosed by solid walls on more than two sides. • That portion of an attached garage exceeding 544 square feet of Floor Area. ~~. The following elements of aSingle-family or Tiro-family Dwelling shall be excluded from the I~AR calculation. Porches, balconies, patios. breeze«-ays, and decks (as well as overhangs, eaves, cantilevers, awnings and similar features) with a solid cover or roof; but not enclosed by solid ~a~alls on more than t~vo sides. Such porches, balconies. patios, breezeways. and decks shall remain open on at least t~vo sides and shall not later be enclosed in any manner. • Detached Private Garages that are incidental to the Principal L.TSe on a Lot. Detached Private Garages shall remain subject to established size, height and placement regulations. • Carports that are open on itvo or more sides. (3) Side iiva/! Ftaaes. To avoid stark. exterior side walls from facing the sides of adjacent residences, particularly on tu~o-story and three-story residences, the following standards shall apply to new tu•o-story and three-story Single-family and T~~-o-family D~i•cllings: to renovations in~•olving Structural Alterations or additions to the sides of existing Single- family and T~~~o-family D«•oliings, and where a second or third-ston• is added to an existing Single-family and T~vo-family Dwelling. Page 2 of ~ IJralt cts reronrmc~+ril~~dfur approval by the C'unrnnorlt~~ Dc~•elopment 13cur•d AGE\I):1 ITEM #liC JULY' 10, 2l)06 Jrure 3(l, ?(.'~l7fi i. Second and third-story exterior side walls, which exceed 35-feet in len~tth, shall pro~~idc horizontal offsets of at least four feet, or architectural details, design elements or other features, which serve to break-up the appearance of the side wall. such that adjacent properties are not faced on the side by blank two or three-story walls void of an}' architectural design other than siding material or w-indow•s. ii. Such design features may also include balconies. bay windows and other types of proJeCtlil~ t~'indows Or architectural details provided that these shall not extend more than 24-inches rota the Required Side Ward, and that a minimum separation of 10-feet is maintained between such extensions into the Required Side Yard and any other existing adjacent residential Buildings. (4) Heig/et to [~'a/t Plate. Far Single-family and '1°wo-family Dwellings, the maximum height to the top horizontal framing member of a wall from the first floor finished floor elevation shall not exceed ~2-feet. The maximum height of Single-f"amily and T~-ro-family Dwellings shall remain 3S-feet as set forth eise«~here within these Land 17eveloprttent Regulations, except that an additional five-foot Required front, Rcar and Side Ward setback shall be required for third-story portions of aSingle-Family or Two-famil} dwelling. (S) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade along the City's residential streets and sidewalks, one shade tree shall be provided within the Required Front Yard and an additional shade tree shall be required on the Lot in a location at the property owner's discretion in accordance with the following provisions= i. This requirement shall apply to the construction of new Singic-family and Two-Tamil} Dwellings and to Structural Alterations of any Single-family and Two-family Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of Occupancy or prior to final inspections, as applicable. (The requirements of Chapter 23 of this Code shall also apply.) ii. Required Shade Trees shall have a minimum size of 4-inch caliper at the time of° installation. A list of allowable tree species is available from the City. iii. Credit shall be provided for the following, and additional Front l~'ard Shade Trees shall not be required in such cases. (a) Where healthy canopy trees exist in the Required Front Yard, which are listed on the recommended tree list and are at least ~-inch caliper; or (b) where oak trees exist in the Required Front Yard, which are at least six I6} feet tali: or (c) where healthy street trees exist in the adjacent right-of-wa}~, which are listed on the City's recommended tree List and are at least 4-inch caliper. «~~ere installation of a front Yard Shade Tree is required, such tree shall not kse planted tivitlun right-of- w~ays or over underground utilities. iv. Similarly. credit shall be liven for the second required Shade Tree where such tree, as described above, exists elsewhere on the Lot. Page ~ of4 .arT~:~n.a tr~~~t #sc JC'L1' 10, 2[i0G ~r~rtt us rer~ammenr~eclJtrr ~~pprvt~ul bl'ttt~ Comntt~rtir~ D~~~~fr~~m~nt Bnvr~ .lure 30, ?Uflh (d } Special Treatment of Lawfulh~ Existing Single famil}• and Two farm!}• Dwellings made :'4`nnconfarming b}t enactment of Section 24-172, establishing these Residential Develapment Standards. tt is the intent of this Section to clarify ~~~hen these Residential Uevelopment Standards shall apply in the case of reconstruction or redevelopment following: (1) a natural act such as a hurricane. e~~ind, flood or fire; ar {2) redet°elcapment initiatc,d by a propert}~ ou-ner or authorized agent far a property o~i-ner. ~fhe following provisions shall be limited only to those characteristics, which ~~•ould otherwise bc. made nonconforming from the requirements of this Section, which provides Residential Development Standards. "I`he provisions of Section ?4-8a shall otherwise apply to \anconfornling I_<ats, t.lses and Structures. Structures damaged ar destro}•ed b} ttatura! acts ar by an}' means not resulting from the actinnx of t/te property owner. Any lawfully existing Single-family or Two-family Dwelling, ~vhiclt has been constructed pursuant to properly issued Building Permits prior to the initial effective date of these Residential Development Standards. adopted an _ 2405 by Ordinance Number. shall tae deemed a ~~`csted Uevelopment, and any Single-family or "l~wo-family Dwelling shall be considered a Ia~ti~ful permitted Structure within the I.ot or parcel containing the Vested Development. l=urthermore, an existing Single-family or T~i•o-family Dwelling far that particular Structure, shall not be considered as a Nonconforming Structure such that it may be f'uily replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other Land Development Regulations controlling development and redevelopment of such Lots.. Any construction that exceeds the existing footprint shall be in compliance «-ith all applicable provisions of this Chapter including. minimum Yard Requirements. Structures damaged, destroyed or demolished or expanded, b}~ any means resulting from the actions of the property owner or authorized agent jor a prapert}~ owner. Single- family or Two-family Dwellings. which are rebuilt or renovated, or expanded by more than i~t"etlm-five percent (25°ioj in Floor Area, shall be subject to applicable provisions of'thoae Residential Development Standards for that portion of the Structure that is rebuilt. renovated or expanded. (e) Annual Review ojResidential Develapment Stmtdards. These regulations shall. be revie~vcd on an annual basis b}' City stat~'and the Community Development Board to assess the effectiveness of the regulations in accomplishing the stated Purpose and Intent of ibis Section. Atutual review shall also consider other neighborhoods and residential areas of the City to c~•aluate the need to expand these Residential Develapment Standards to such areas. ,A report shall lac presented tc~ the C'it~ Commission during a public hearing. which summarizes this information and the applications made during the time from the previous report. If appropriate, revisions shall be made to address needs or deficiencies in accordance with Section 24-61 of these Land Development Regulations. Page 4 of 4 ATTACHMENT B Commission Mtg. 7/10/06 .aGC~u.~ 1rF~r ~~:~ C]RDL1-~4CE .Nfl..-94.E-~~ :~`~ ORDINANCE OF THE CITE' OF ATLA`TIC BEACH, FLORID:. CALLING FOR A REFERENDL~i TO A~fE\T~ SEC. S9 OF THE CITY CH.~RTER TO LI_~•IIT THE HEIGHT OF ALL BL7LDINGS IN THE CITY TO THIRTY-FI`E FEET, PRO``IDING FOR EXCEPTIONS, A~ti'D PRO~TDING AN EFFECTI``E DATE. BE IT ORDAINED B~' THE CITY CO?~'L~QSSION ON BEHALF OF TIIE PEOPLE OF THE CITY OF ATLA'N'TIC BEACH, FLORIDA: SECTiC1'ti t - Calling for referendum Election Amending Charter. A referendum shall be added to the election ballot on , 2006, to amend Set. 59 of the Charter of the City of Atlantic Beach, Florida, to read as follows: .~ Sec. 59. Zoning, Zoning and I anti PL'~lfl_pri'tf'nt_12P~ ilatinnc Shall be in accordance W'Ith Florida Statutes or as othetv-~ise provided for in the Code of Ordinances, except that in nn race shall the maYimt-m hwiyht of htrilriingc within the C'itt~ rif 4tlantir ~'ach. An't'ed rhim=_fi.=w r;51 fPPt PrnvirlPCl hnu=fiver that ~ictin~ htllldirlgS which PYrrwri '~5 fPwt in h.~ioht ITla3~...j]e_..~d1Ct~., to that narictitt=o, hwi~ht,~, _nn alt~ratjpnc mavr~ maw in any ht~ildltl? u'hiGh u+t3Uld-C.aLLSE' CllAt hllllfling to eYrP.~ri ~5 ~t in hPioht and this (!h(lharrP ~ mvicinn Sha>~-nALIPSCriCC 2II~C.~rGtpes[t' O~'C1P~~SvPCtPri rjghtr rtnrlPr ennq iftuir?n;~~ ctanr n nr ~pmmnn law Ei112het...~Lp1'irlprj ..hnww.~r hat r rn ecrc to wYrwwri thw maYimrtm htiilriina h~ht of th~,~_fivP(~3S)~t LaI Iwt'ltt~.fi~?51 fPNt ac a~nplirahlw ~„~~e,,~ rnneirlwrw'1 anti a=n,~nrnvPrl n»h= a=ithin nnn_r~+ciriwntial lanri trcP rat ~nnPe ~rtir nnn- rPCiriPntial riPVPlnn,~ nt gnj~~r ~xj,Pri`~r ~hitPC-trrral dPCiQn P1wmPntc rrtPrinr dwrkc nrTnrches and n» .* ac ~nrrn=wri = the f it~Tf~n~missipn~ntrrcriant in the ar+nlirahlw cartinn of thw_C'itt,' t:pde Thw only nrnnwm:~j ~p~,ihic height limitation chail hw a nnninn of the ~~j,Stin¢ CYa Tnrt1P Inn hntPj rT rTy, InratPrl at 1 OrPan RntdPi~ard ~~iC Rwarh Ftnrirla cx_hrTrh ~nnrtinn 15 j?Ql1ndP,t~h1_A~1Prn ~tr~l Cin thw north ~,~ ,~tlantir (lrwan on thw east ,"- tlantir R,~ri1 t'arri nn thP.cnetth,,.~,ri Clrwan i~nrilw~•arri nn~~PCt and only that nll-t~f Said .j)ITE'i.{~' u'hid'h is Pruial in ci~r~ r(Ltil~ Pxictinv frsnttn, tint of thw hrri{~inac nn Ihe:.„pr v Dt..11C]1~~3ri1" huileiingy_t~a~~ hP lnra[ryri nn~h_e n_~ rn~r ti7_= in Iht ~nve_ tn~pthPr k=ith that nnrt of cnit~ nrn»nrn~ ~G~\U.~ I"TF:~t ~?_~ Jl. Ll lSl. ?tlLIG ~10IYI IL1u'L'r t1Q mVrP~1111L~1L__It~trt~rpr~h~~'~~~.~j~~-~C'L'l-!QS!'liZi1S-ZE2C-.k'CSI FLLt~E'12~_f112~,._l1U-. _ ` ~lt:._.l1'11~L111[1 ~~r~ thn~n ~ mp,rj~um ts~ftl+ _~f nttP hnndrvd~jQQ~,~~' _~• ndrfitinnnf fnntnrint of nn mnrP then P/PVPn thnurnnil ftrA rn~rnd._(1 I, 50~~ S(~IlQr,~..~'~pj___,jj111~eJr•~r any ti~ntre rla-r Innm~nt ~,tL~3;e,( thicTlrtinn of theTrn{te .~ ~i~luch i5.--pLOpOSt.d to~"~creed thirty-ft'e (i5) feet in ~,~..chall c~thig~t tc~ apnrn~,,~l by rho (=itti• C'nmmicSlfJfl atld Shall in nn rvPnt ~errc~cl the hpiaht ref the yXjStiA= hietel ttl~ r 1111t1f11I1L a~ Qf the.~ftr'~r~fi~_~{ate of Chic f]rdinan~:may ~manri~pntc ti] thic Cartlpn.,pt t p !"itT~"„~L,teL Shall ~p ma „1,~1~- in ~~nrclarn-Y wi h drticl~ X ctf thY ['han~r~ Tnitiatiy arul RpferP.Ildtllll.__ SErTto~ ~ Fnrm of Ballot and Election Question. follows: The form of ballot and election question to he used in said election shall be as CHARTER ELECTION BALLOT _ , 2006 CITE' OF ATLANTIC BEACH R~t.t.nT'rtTt.l~-; Amending Sec. 59 of the Atlantic Beach Charter to "Zoning. Land Development Regulations and Maximum Building Hei~tht." R ~~t _t .nT St'!L•f'41 a rt ~, Amending Sec. 59 of the Atlantic Beach Charter limiting height of all buiidings to 35 feet, alinwing buildings presently exceeding 35 feet to be repaired r,•P71n~Pd to existing height, prohibiting alterations that would cause building height to exceed 35 feet, allowing cenain exterior architectural design elements in non-residential areas to exceed the height limitation only upon approval by the City conunission, allowing an exception for a portion of the existing Sea Turtle Inn property, and not restricting any properly owner's vested rigltts under constitutional, Statutory or common law, Shall the above Charter amendment be adopted? Yes(approve amendment) Vo(reject amendment] SF.C'Ttt1ti ~_ Effecti~~e date of Charter amendment. if appro~~ed b}~ a tnajorit}~ of the voters at the election on , 2006. then the Charter amendment shall take effect immediatel~•. AGE~U:~ l~l t-:~1 R';~ JILL it).'_Utlli SES.::iI+1_l_.L Effecti~-c date +if [his C)rdin:~r[~e. This Ordinance shall take et`tect immediately t[~3nn its tins! passas~e and adop[ic7n. 2006. PASSED try the City C~~mmissiun on first reading this .day of _ ~_ PASSED by the City Commission on second and final reading this day of .2006. ATTEST: DONNA L. Bti SSEY City Clerk Approved as to form and correctness: DONALD M. W'OLFSON Mayor, Presiding Officer ALAN C. JENSEN, ESQUIRE City Attorney _ ATTACHMENT C Commission Mtg. 7/10/06 July j.200ti h~4EMt,)RANDt1'~4 Tt~: The i Ionorable Mavcrr and 4fembers of the City Commission FROM: Jinn St~`BJECT: Fallaw-up AGE~[):1 ITEM ~.~ Jt'I.1' t0. ?tx}~ Traffic Studv concerning proposed W`al-"Mart in ~teptune Beach: At the last commission meeting., the Commission asked if any traffic studies wauld be done to anticipate the impact of the proposed W'al-Mart. to 6e located in Neptune Beach. "1`he City Manager ofNeptune F3each has reported that both the city and R'al-dart will be doing, their own traffic studies and that he would shah both of those with the City of Atlantic Beach when then are a~~ailable.