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11-28-05 v CITY OF ATLANTIC BEACH COMMISSION MEETING NOVEMBER 28, 2005 Amended AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting on November 14, 2005. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report 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 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 Financial Report and Public Safety Report for October 2005 (City Manager) B. Authorize the Director of Public Safety to apply for the Edward Byrne Memorial Justice Assistance Grant in the amount of $6,536.00 online, and to authorize the Mayor to sign the subsequent paperwork for the grant and the grant administration (City Manager) C. Acceptance of Ownership and Maintenance Responsibility Public Improvements on Scheidel Court (City Manager) 5. Committee Reports A. Cultural Arts &Recreation Advisory Committee B. Board Member Review Committee (Commissioner Simmons) 6. Action on Resolutions None 7. Action on Ordinances None 8. Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 1 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager) *B. Request for a Waiver from Land Development Regulations Requirement for On- Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) *C. Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit within the Selva Linkside PUD for a lot located at 1538 Linkside Drive,North (City Manager) D. Possible Changes to the Board Member Review Committee (Mayor Wolfson) E. Amend the Tree Planting Program to plant trees on private property in Royal Palms (City Manager) F. Extension of the Existing Contract with Waste Services of Florida for Solid Waste Services (City Manager) G. Comprehensive Height Limitation Charter Revision; establishment of timetable for approval of ballot language for a fall 2006 election (Mayor Wolfson) H. Eminent Domain Charter Revision; setting forth a process for consideration of the need for Atlantic Beach to hold a referendum on possible charter limitations on the use of eminent domain to acquire property from private property owners for the purchase by other private entities for the purpose of economic development(Mayor Wolfson) I. District Representation Charter Revision; setting forth a process and timetable for preparation of language to be included on the ballot for a fall 2006 election to elect city commissioners by district(Mayor Wolfson) 9. City Manager A. City Manager's report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Wednesday,November 23, 2005. *Items 8B & 8C were reversed in order to correspond with labeled backup information. 2 MINUTES REGULAR CITY COMMISSION MEETING November 28, 2005 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 Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Borno, was followed by the Pledge of Allegiance to the Flag. Mayor Wolfson recognized former Mayor Shaughnessy, former Mayor Fletcher, and Lynn Drysdale, member of the Community Development Board, in attendance at the meeting. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 14, 2005. Campbell Ford, of 1825 Ocean Grove Drive, representing Ms. Lindley Tolbert, objected to the minutes as written. He expressed concern that a Commissioner's objection to the replat on the agenda tonight was heard when reviewing the tape recording of the previous meeting, but was not included on the record. Motion: Approve the minutes of the Regular Commission Meeting on November 14, 2005 as written. Moved by Waters, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor proposed to move Item 8A forward on the agenda, following the Courtesy of the Floor to Visitors. He indicated that citizens addressing other issues would be called forward at this time and noted that he would reopen the floor for public comments on Item 8A during that discussion period. November 28,2005 REGULAR COMMISSION MEETING Page 2 Jane Wytzka,352 Second Street, expressed the need for the City to implement a moratorium on tearing down or building new residences in old Atlantic Beach. She apologized for not being able to communicate her thoughts to the Commissioners prior to the meeting. She gave examples of friends and neighbors who were upset about changes in their neighborhood. She spoke against tearing down houses and rebuilding larger houses that do not fit with the character of the neighborhood. Ms. Wytzka also clarified a quote in the Shorelines newspaper regarding her comments regarding a neighbor's swimming pool. Lynn Drysdale, 1768 Ocean Grove Drive, addressed the issue of payday loans and asked that the Commission not delay taking action on this item for too much longer. She pointed out that one of these types of operations is located on Mayport Road and discussed the negative impacts they have, especially by targeting military bases. She stressed the importance of this issue and asked the Commission to review the documents she distributed to them, which included a draft ordinance proposal and further information on payday loan operations. Michael Hoffman, 176 Camelia Street, thanked the Commission for addressing the issue of the electoral system in the City and encouraged them to consider district representation. He criticized the current at-large system and suggested a new structure consisting of four Commission seats, one from each precinct, and a Mayor elected at-large. Mr. Hoffman suggested that a referendum for this item be placed on the November 2006 election ballot in order to ensure a large voter turn-out for the issue. He also suggested that the Commission televise their meetings and noted that it is now a common procedure in many cities. Agenda Item 8A was taken out of sequence and acted upon at this time. 8. Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager) Mayor Wolfson stated for the record that this is a quasi-judicial hearing to be conducted in an informal, yet courteous and professional manner. In accordance with the recommended procedure for this type of hearing, as suggested by the City Attorney, the Mayor first asked City staff to make their presentation on the subject. November 28,2005 REGULAR COMMISSION MEETING Page 3 Sonya Doerr, Community Development Director, confirmed and reiterated the summary of the applicant's request as stated by the Mayor. She displayed an aerial photo and indicated the area being discussed. Ms. Doerr noted that the application went before the Community Development Board at their previous meeting and that the Board recommended denial of the request, citing the findings of fact stated in the staff report. Ms. Doerr also referred the Commission to the subdivision regulations. Commissioner Waters asked why this request was brought before the Commission this evening. Ms. Doerr explained that, according to Chapter 24 of the City's Code, replat requests are processed first through staff, then before the Community Development Board, and finally come to the Commission to take action on the final subdivision plat. She further clarified that the division of a lot can be approved administratively if it is being divided into two lots and meets all the appropriate regulations and requirements. However, Ms. Doerr noted that this situation involves one original parent lot that is being proposed for a final division into three individual lots. Mayor Wolfson called the applicant to present her case. Mr. Campbell Ford introduced himself as an Atlantic Beach resident at 1825 Ocean Grove and as the attorney representing the applicant, Ms. Lindley Tolbert. He stated that the property in question was originally one lot which had been divided into two lots by the previous owner and now the applicant is requesting to divide the larger lot into two lots. Mr. Ford referred the Commission to information that he had distributed to them, which is attached and made part of this official record as Attachment A. He pointed out that the purpose of the final subdivision plat review is to ensure that the proposed final plat meets all the requirements of the land development regulations. He indicated that the applicant has met all the rules and regulations and, thus, it is the Commission's responsibility to approve the replat. He declared that if the Commission did not approve the replat, the applicant's request would be taken to the court system which is the next level of review. Ms. Lindley Tolbert, 334 Sixth Street, expressed concern that her request for a replat has become a political process instead of a review of whether she has met the rules and requirements on the subject. She asked that the Commission base their decision on the rules and regulations of Atlantic Beach. She expressed concern that, at the previous Commission meeting, a Commissioner had stated opposition to her request without first hearing her case. Ms. Tolbert presented the background of her case and displayed maps of the lots being addressed and their proposed division. She discussed the dimensions of the proposed separate lots and noted that they all exceed the minimum lot requirements of the City. Ms. Tolbert stated that she worked closely with the Community Development Director and followed all the necessary procedures required for the replat. She commented on the Community Development Board and indicated that its members should be November 28,2005 REGULAR COMMISSION MEETING Page 4 impartial and have a level of expertise on the rules and regulations of the zoning process. She gave examples of her experience with the Board that contradicted this expectation. Ms. Tolbert reported that the City Attorney did not believe that a denial of her request could be defended in court and, thus, she questioned why the Community Development Board would not follow the advice of the City's counsel. Mr. Ford explained the frustrations associated with this case and addressed concerns that it has become a political process. He provided in-depth discussion on the Commission's obligation to follow the rules and regulations established by the City and the differences between the City's codes and the City's goals and objectives. He declared that his client had not violated or ignored any of the rules and requirements and he addressed the possibility of a lawsuit if her request was denied. Mr. Ford handed out a verbatim transcript taken from the tape recording of the previous Commission meeting. This document is attached and made part of this official record as Attachment B. He indicated that the information contained within the transcript was not included in the minutes of that meeting and insisted that it should be made part of the City's official records. He offered to answer any questions from the Commission. Commissioner Waters asked if Ms. Tolbert had bought one or two lots. Ms. Tolbert responded that she had purchased two separate lots and offered to submit the paperwork supporting this statement. There was further discussion clarifying the reasons her request was brought before the Commission. Commissioner Simmons inquired if the transcript page distributed by Mr. Ford was the only portion of the minutes being requested as verbatim for the official record. Mr. Ford confirmed this and the Mayor ensured that the City Clerk was given a copy of the transcript. Mayor Wolfson opened the floor to public comments addressing the issue. The following individuals spoke in favor of approving the replat requested by Ms. Tolbert: John Galeani, 1628 Beach Avenue, Atlantic Beach Al Mansur, 2218 Alicia Lane, Atlantic Beach Michael A. Liff, 385 Third Street, Atlantic Beach Peter Litsky, 322 Sixth Street, Atlantic Beach Brian Platock, 1640 Beach Avenue, Atlantic Beach Tina Grant, 1909 Selva Marina Drive, Atlantic Beach Michelle Dominick, 93 Kimberly Court, Atlantic Beach Jennifer Walsh, 2133-4 Seminole Road, Atlantic Beach November 28,2005 REGULAR COMMISSION MEETING Page 5 The following individuals spoke against approving the replat requested by Ms. Tolbert: Bob Liggero, 389 Twelfth Street, Atlantic Beach Susan D. Mariani, 360 Twelfth Street, Atlantic Beach Kevin Bodge, 336 Twelfth Street, Atlantic Beach Linda Dunlap, 1251 Selva Marina Circle, Atlantic Beach Kate Dickson, 320 Twelfth Street, Atlantic Beach There being no more comments from the public, the Mayor closed the public hearing and asked the staff if they had further comments. Community Development Director Doerr reiterated the importance that the Commission understand why this request is a replat procedure. The Mayor asked that she fully explain that issue for the citizens. Ms. Doerr complied, noting the differences between an administrative approval and a replat level approval for the division of property. Mayor Wolfson offered the applicant's counsel the opportunity for rebuttal. Campbell Ford specified the dimensions and setbacks of the proposed lots and stressed that they will exceed the minimum requirements established by the City. Ms. Tolbert addressed some of the comments stated and indicated that the lot being discussed is the only lot in the area that has the amount of frontage that enables it to be divided. She stated that she does not believe that she has misled anyone or is destroying the neighborhood. The Mayor opened the floor to the Commission. Commissioner Waters brought up the issue of restrictions and covenants within subdivisions. Community Development Director Doerr provided information and clarification to his questions and comments. Commissioner Waters questioned if it was the responsibility of the City to protect the interests of the citizens of a neighborhood, such as Selva Marina, which does not have an active homeowner's association. He asked the City Attorney if residents and property owners have the rights to protect their property from radical change within their neighborhood. City Attorney Jensen responded that only an elected body can make changes in the neighborhood through an established process. Commissioner Waters discussed the Community Development Board's finding of fact that the proposed replat is not compatible with the adjacent properties in the surrounding area. He believed that point was sufficient reason to vote against the replat and that the City should not undermine what has been established for years. Commissioner Fletcher asked City Attorney Jensen to clarify the Commission's rights and responsibilities relating to the disclosure of their communications with the public. The City Attorney explained that the City follows the legal procedures of State Statute through adoption of a November 28, 2005 REGULAR COMMISSION MEETING Pa e 6 Resolution which requires the elected officials to disclose any ex-parte communications regarding land use matters before taking action on those matters. Commissioner Fletcher proceeded to question if the Community Development Director found the replat request to be consistent with the City's Comprehensive Plan. He specifically questioned the request's consistency with the Comprehensive Plan Goal A.1, and Objectives A1.6 and A1.3 of the 2015 Comprehensive Plan Future Land Use Element. Ms. Doerr stated that there was no evidence or findings that the proposed replat would not be consistent with the Comp Plan and that she could only make a recommendation based on the evidence and facts presented. Commissioner Borno asked the City Attorney if there was a difference between following the letter of the law or following the spirit of the law. The City Attorney advised that the Commissioners took oaths to obey and uphold the laws of the City charter and ordinance. Commissioner Simmons asked if there ever existed any covenants or restrictions that protected lot size in this area. Ms. Doerr responded that at one time there were, however, those were private contracts which already expired and the City has no authority to enforce them. Discussion ensued regarding the ability and procedures for enforcing neighborhood covenants and restrictions. The City Attorney was questioned if there currently existed any valid covenants for the Selva Marina neighborhood. He did not believe that there were any still in existence. Commissioner Fletcher brought up the subject of pending zoning and asked Community Development Director Doerr to clarify how it is applied during a decision making process. Ms. Doerr responded that once a local government has initiated the process to change zoning laws and the public knows that this is underway through proposed draft ordinances, the City can delay certain approvals until the zoning issue is completed. Further discussion ensued regarding what constitutes the initiation of the process to change the zoning laws. The City Attorney clarified that, at this point, there has been no initiation of the process for the City to change its zoning. Commissioner Fletcher asked the City Attorney to clarify the use of moratoriums. City Attorney Jensen responded that the Commission is in the midst of a quasi judicial setting and they are obligated to make their decision on the evidence presented. He specified that no evidence had been presented regarding covenants or moratoriums and it was improper to go beyond the presented evidence to make a decision. Mayor Wolfson asked Mr. Ford for clarification of the information that he provided to the Commission at the beginning of the meeting. Mr. Ford explained that it referred to the final subdivision plat process and approval, pages 100-101 of Section 24-205 of the City's Code. He reiterated the November 2.8, 2005 REGULAR COMMISSION MEETING Pa e 7 points that the sole purpose of the final subdivision plat review process and approval is to ensure that the request meets all the necessary requirements. Mayor Wolfson asked Ms. Doerr under what circumstances is it mandated that a replat be approved. Ms. Doerr explained that land development regulations establish a procedure and once a property owner meets those requirements and follows the process, they are entitled to approval. She noted that this request has met all the requirements and followed the procedures established and she, therefore, can not create a justification for denial. The Mayor discussed the historical nature of the Selva Marina neighborhood, the zoning authority that existed at that time, and the structure of the neighborhood over time. Ms. Doerr pointed out that over the past years many divisions have occurred that were not required to come before the Commission. The Mayor addressed the authorities, roles, and responsibilities of the Commission, the Community Development Director, and the Community Development Board in this decision-making process. Mayor Wolfson inquired if this request is being made by a small developer. Ms. Tolbert stated that is incorrect. The Mayor asked if Ms. Tolbert intended to live in any of the three proposed plats or if she intended to sell any of them. Ms. Tolbert questioned the relevance of the question and reiterated that she is not a developer. The Mayor asked Ms. Doerr if development of the replatted property would increase the impacts on the neighborhood's infrastructure. Ms. Doerr noted that any developer has to comply with the appropriate regulations and there is no evidence that there would be a substantive impact. The Mayor asked Ms. Doerr to state, orally for the record, the formal position of the Community Development Board. Ms. Doerr announced that the Community Development Board recommended denial by a 5:1 vote and, per the request of the Mayor, proceeded to read aloud the Recommendation from the Community Development Board, in its entirety, including the Goals and Objectives as listed exactly in the Staff Report, which is attached and made part of this official record as Attachment C. Upon further questioning by the Mayor, Ms. Doerr stated that her recommendation is that this request is not inconsistent with the City's ordinance for a replat. Commissioner Simmons noted conflicts among the Community Development Board's findings of fact and some of the information heard this evening. She did not believe that the Board's recommendation for denial was explained by their findings of fact. November 28, 2005 REGULAR COMMISSION MEETING Pa e 8 Commissioner Simmons had three questions for the City Attorney. She asked if this subdivision meets all of the City's codes. Mr. Jensen replied that it does. Commissioner Simmons asked if the Commissioners are sworn to uphold the City's laws. Mr. Jensen confirmed that this is part of their oath of office. Commissioner Simmons inquired what consequences would result if the Commission did not uphold the laws. City Attorney Jensen responded that the City could be sued. Commissioner Borno asked for clarification of the meeting date when this issue was heard before the Community Development Board. He noted that the Board minutes state that the Board heard the issue at their meeting on August 16`h and questioned the correctness of that. Ms. Doerr responded that the date should read November 15, 2005 and stated this correction for the record. Commissioner Waters inquired about the number of administrative divisions that have been approved in the Selva Marina neighborhood and noted that it is not even a common procedure within the City as a whole. He further questioned why the City accepted a plat for the Selva Marina area and then would allow it to be destroyed. A lengthy discussion ensued, between Commissioner Waters and City Attorney Jensen, regarding the average lot size and frontage of the properties in Selva Marina. Commissioner Fletcher asked the City Attorney if the Comprehensive Plan Objectives are included as competent, substantial evidence for this hearing. City Attorney Jensen answered that they are goals and objectives which can be implemented through Chapter 24 of the City's Code. He noted that they can not be used as evidence, but can be used as guidelines or as a roadmap. He further clarified that they are not considered applicable regulations because regulations are established by ordinances. Commissioner Borno commented on the Commission's need to understand the rules and regulations as they currently exist. He noted that if they were not satisfied with them, they could discuss and consider changing them for the future. Commissioner Fletcher reiterated his belief that the request does not appear to be consistent with the Comprehensive Plan and discussion ensued regarding the relevancy and application of this finding. City Attorney Jensen provided clarification between evidence and the findings of fact, which are based upon that evidence. Mayor Wolfson inquired if any Commissioner had reviewed Chapter 177 of the Florida State Statute. He asked Ms. Doerr if she was familiar with the Chapter. Ms. Doerr responded that it establishes the technical requirement for how a plat is prepared and she provided some specifics regarding that process. November 28, 2005 REGULAR COMMISSION MEETING Pa e 9 Mayor Wolfson noted that there was a lot of technical information that he would like the opportunity to review and thus suggested that the decision be deferred until the next meeting. Motion: Defer action on Item 8A until next regular Commission meeting on December 12, 2005. Moved by Waters, seconded by Fletcher Mayor Wolfson asked the applicant's counsel if deferring the decision would be problematic for them. Mr. Ford encouraged the Commission to obtain enough information to understand the rules and laws for this case. He stated he would only object if the case turned into other issues due to the delay. Ms. Tolbert inquired when they could expect a decision and she was told it would be decided at the next regular Commission meeting on December 12, 2005. Commissioner Borno asked, if differences are found between Florida State Statute Chapter 177 and the City's ordinances, which of the two legislations would govern. The Mayor replied that hopefully they are not in conflict, but, if so, then they would have to review case studies and do further research. City Attorney Jensen cautioned the Commission that the presentation of the evidence has been closed and that it is improper for them to have any communications with anyone regarding any of the information pertaining to the case. He further noted that the Commission has to base its decision on what has been heard tonight. The City Attorney also advised that, according to the City's resolution, each Commissioner should make the required disclosures before leaving tonight. The Mayor called the question (to defer the decision until the next regular Commission meeting on December 12, 2005). Votes: Aye: 4 -Fletcher, Simmons, Waters, Wolfson Nay: 1 -Borno MOTION CARRIED At 10:05 p.m. Mayor Wolfson called aten-minute recess and the meeting reconvened at 10:15 p.m. The Mayor took item SA out of sequence at this time. 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee November 28.2005 REGULAR COMMISSION MEETING Pa a 10 Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory Committee, presented the semi-annual report for the events and activities of the Committee. He briefly commented that the committee has a number of existing programs in place that are working well and a number of new ideas to be implemented for the future. He commended Timmy Johnson, Director of Parks and Recreation, on his work and guidance with the Committee. He offered to answer any questions from the Commission. Commissioner Borno inquired if the Commission could receive a written summary of the Committee's report. Mr. Pritchett confirmed that he would email a copy to Mr. Johnson for distribution to the Commission. Commissioner Waters asked if the Committee follows a strategic planning process in order to ascertain what programs and events they would like to budget each year. Mr. Pritchett confirmed that each year the Committee evaluates the success of their programs and uses those results in their budget planning. Commissioner Waters asked if the Committee reviewed art as well. Mr. Pritchett confirmed that they cover everything cultural, recreational, and artistic in the City. Commissioner Waters requested that this information be provided to the Commission during the City's strategic planning sessions. Item 4A was taken out of sequence and acted upon at this time. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report and Public Safety Report for October 2005 (City Manager) B. Authorize the Director of Public Safety to apply for the Edward Byrne Memorial Justice Assistance Grant in the amount of $6,536.00 online, and to authorize the Mayor to sign the subsequent paperwork for the grant and the grant administration (City Manager) C. Acceptance of Ownership and Maintenance Responsibility Public Improvements on Scheidel Court (City Manager) Motion: Approve Consent Agenda Items A through C as presented. Moved by Simmons, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting November 28, 2005 REGULAR COMMISSION MEETING Pa a 11 A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment D. His report addressed the following topics: the city logo, palm trees for Dudley Street, diseased palm tree on Beach Avenue, and follow-up reports expected for the next Commission Meeting on December 12, 2005. The City Manager displayed a picture of Dudley Street that illustrated the number of hardwood trees and number of cars parked on the street. He explained that those factors, plus the utilities located on both sides of the street would make it difficult to plant a row of palm trees in that area. Commissioner Waters acknowledged that it was his original request for any type of improvement that could make the street more beautiful and accentuate the church and community center at the end of the street. City Manager suggested adding his request to the tree list for this year and see what areas could be filled in with hardwoods. Consent Agenda 4. Consent Agenda This item was acted upon earlier in the meeting. Committee Reports 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee This item was acted on earlier in the meeting. B. Board Member Review Committee (Commissioner Simmons) Mayor Wolfson noted that at the previous Commission meeting he had raised concerns with the resolution pertaining to the procedures for the Board Member Review Committee and their recommendations. He pointed out that he had requested proposed changes to the resolution be placed on this agenda as Item 8D and expressed his desire to discuss those changes before proceeding to the Board Member Review Committee's report. Agenda Item 8D was taken out of sequence and acted upon at this time. D. Possible Changes to the Board Member Review Committee (Mayor Wolfson) The Mayor referred the Commission to Article II, Section 9, Item 3 of the City Charter and noted the conflicts that exist between the City Charter and November 28, 2005 REGULAR COMMISSION MEETING Pa a 12 the resolution. He voiced his concern that a literal interpretation of the existing language would give the Commission the absolute power to elect members to the boards and committees. The Mayor proposed three options for consideration: 1) Accept the resolution as written; 2) Revise the resolution so that it is consistent with the Charter; 3) Rescind the resolution. He then opened the floor for discussion by the Commission. Commissioner Simmons believed the system has been working well as it is and did not see it conflicting with the Charter. She noted that the Mayor has been a participant in the Committee so that any conflicts were resolved within the Committee, and then the Mayor's recommendation would go forth. She presented an alternate method for the Committee to submit their recommendations directly to the Mayor in a written report if the current Mayor chose not to be a member of the Committee. Commissioner Simmons expressed concern that the lengthy process involved in changing the City Code on this issue would delay the process of filling the current vacancies on the Tree Conservation and Community Development boards. She suggested the need to consider ways to keep the momentum going without interrupting the process of filling the vacancies on the boards while they work on changing the Code. Commissioner Waters believed that the Committee is heavily flawed and needs to be substantially changed or eliminated. If the Commission decided to keep the Committee active, he proposed some modifications, such as the need to include more citizens and to reduce the number of Commissioners and staff on the Committee. He disagreed with the idea that the Mayor has the right to appoint members on every board and believed it varies by resolution and ordinance. Commissioner Borno appreciated the Mayor's suggestions but did not agree with all of the proposed revisions. He questioned the need to revise the system as it stood and described the Committee as an instrument for assisting the Mayor with making recommendations. He asked that the Commissioners be able to review all applications submitted for the boards and committees. Commissioner Fletcher agreed that the language is inconsistent with the Charter and needs revision. However he questioned the need to make the changes immediately and asked the City Attorney the consequences of allowing the Committee to remain in place until it is revised. City Attorney Jensen clarified that the Committee was established by a resolution, and therefore it is not part of the Code. He advised that the Commission could proceed as they deem appropriate. Lengthy discussion ensued regarding the resolution's conflict with the Charter, clarification of the proposed amendments to it, and changes to the composition of the Committee members. November 28, 2005 REGULAR COMMISSION MEETING Pa a 13 Commissioner Simmons discussed the history leading to the current status of the Committee and resolution. She pointed out that the meetings of the Board Member Review Committee were originally scheduled in order to invite and encourage all Commissioners to attend. She reiterated the importance that the Commissioners receive all the applications prior to the scheduled Board Member Review Committee meeting. Commissioner Waters addressed the purpose of the Committee and its role in ensuring that applicants are informed of the responsibilities associated with serving on the boards. He questioned the Mayor usurping the Commissioners' rights to recommend members. Mayor Wolfson clarified that the Commission is empowered to establish official boards, and it is the Mayor's responsibility to appoint the members. The Commission continued to discuss the Committee's role and purpose and the need to provide revisions to the resolution. Commissioner Fletcher suggested that the Commission provide city staff with recommendations for revisions to the resolution so that they can bring back the appropriate language in a couple weeks. Motion: Defer action until the next regular Commission meeting on December 12, 2005 and have Commissioners provide the City Manager with their comments on changes to the resolution by Friday, December 2, 2005. Moved by Fletcher, second by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Board Member Review Committee (Commissioner Simmons) Commissioner Simmons reported that the Board Member Review Committee reviewed two applicants for one vacant position on the Tree Conservation Board. She stated that the first applicant withdrew her application due to her preference for sitting on a different board. Commissioner Simmons commented that the second applicant was a long- time resident of Atlantic Beach, a master gardener, and an enthusiastic applicant. Due to the Mayor's questions regarding the Committee's recommendation system, the Committee deferred review of the Community Development Board applicants until notified to proceed. She asked the Mayor for direction on this item and the Mayor made a motion. November 28.2005 REGULAR COMMISSION MEETING Paae 14 Motion: Apuoint Carole Varney to fill the vacancy on the Tree Conservation Board. Moved by Wolfson, seconded by Simmons Commissioner Waters asked that the applications be included in the agenda packets when action is scheduled to be taken. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Miscellaneous Business 8. Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager) This item was acted on earlier in the meeting. B. Request for a Waiver from Land Development Regulations Requirement for On-Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) City Manager Hanson noted that this item was addressed at the previous Commission meeting and that the staff report was included in the agenda packet along with Mr. Career's recommendation for denial of the request. Rick Carper, Director of Public Works, added that staff did not receive any response from the applicant. Motion: Dent/ the request for a waiver from Land Development Regulations requirement for on-site retention for a lot located at 1718 Selva Marina Drive. November 28, 2005 REGULAR COMMISSION MEETING Pa a 15 Commissioner Waters pointed out staff's error in their calculations pertaining to the owner's application and the need to treat all properties uniformly in respect to stormwater retention requirements. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit within the Selva Linkside PUD for a lot located at 1538 Linkside Drive, North (City Manager) Motion: Approve the request for a waiver to the 50% Impervious Surface Area limit, allowing for a maximum ISA of 54% for the lot located at 1538 Linkside Drive. Moved by Simmons, seconded by Borno Commissioner Waters disagreed with swimming pools being considered as a pervious surface and indicated that this was contrary to the perspective of the Saint Johns River Water Management District. He believed that water from this property will run into another person's yard or into the street and stated that he would not approve this request. Charles Labassi, 1538 Linkside Drive, introduced himself as the applicant and acknowledged that he exceeded the impervious surface area limit. He provided some background information on his neighborhood and his involvement in the Linkside Homeowner's Association. He discussed the results and effects of the stormwater runoff from his property. Rick Carper, Director of Public Works, displayed a photo of the lot and the Commissioners discussed the permeability and surface area of the applicant's deck, swimming pool, and pavers on the property and their effect on surrounding areas. Mayor Wolfson commented that Atlantic Beach has a very lenient impervious surface area requirement compared with that of other cities and spoke against granting the waiver. The question was called and a roll call vote was taken by City Clerk Bussey. November 28, 2005 REGULAR COMMISSION MEETING Page 16 Votes: Aye: 0 Nay: 5 -Borno, Fletcher, Simmons, Waters, Wolfson MOTION FAILED D. Possible Changes to the Board Member Review Committee (Mayor Wolfson) This item was acted on earlier in the meeting. E. Amend the Tree Planting Program to plant trees on private property in Royal Palms (City Manager) City Manager Hanson reviewed the staff report and indicated that staff recommends amending the Adopt a Tree program to allow for planting trees on private property within ten feet of the right-of-way in the Royal Palms neighborhood. Commissioner Borno inquired what type of trees are recommended. The City Manager replied that most of them would be oaks, or hollies if planted under electric lines. Motion: Amend the Tree Planting Program to plant trees on private property in Royal Palms as submitted in the staff report. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED F. Extension of the Existing Contract with Waste Services of Florida for Solid Waste Services (City Manager) City Manager Hanson reviewed the options for this item, as listed in the staff report and discussed at the previous Commission meeting. He noted that Steve Wright, General Manager for Waste Services of Florida, was in the audience to address any questions from the Commission. He presented the estimated costs and savings of the options and referred the Commission to the information he distributed to them. He indicated that, since the previous Commission meeting, the contractor offered the option of extending the decision deadline by one month so that the Commission would have until the end of December to decide what to do with the contract. He reported that the contractor also offered a shorter contract extension, one year as opposed to five years, in order to give the City the opportunity to test a specific area with the automated collection method. November 28, 2005 REGULAR COMMISSION MEETING Pa a 17 He reiterated that the other two options consist of rebidding the contract or of extending the contract as it currently exists for five more years. Commissioner Borno spoke in favor of moving to fully-automated service with a transition period to educate the citizens. Motion: Extend the sanitation contract for one vear with existing level of service and waive the vehicle age requirement and noting that there would be no extension after the one vear. Moved by Borno, seconded by Waters Mr. Wright noted that in order for the contractor to agree to the one year extension, any pilot programs would be at the cost of the city and, at the end of one year, the contract would have to go out to bid and could not be extended. The Mayor confirmed that these details were included in the motion. Commissioner Borno reiterated his suggestion that the City implement a public education program, not a test pilot program. He also discussed with Mr. Wright the possibility of a transition station, utilizing the semi- automated trucks, and discussion ensued regarding other ways to experiment with the process. Commissioner Simmons pointed out that automated collection is implemented in cities nationwide and that the City should emphasize their education program on informing the citizens of the schedule change to only one pick-up day per week. Commissioner Fletcher spoke against the motion and pointed out that the current contract is good and provides an excellent level of service and relationship with the contractor. He highly recommended keeping the existing contract for another five years. Commissioner Waters asked Mr. Wright why extending the contract for five more years would not be feasible for the contractor. Mr. Wright responded that his company has asked to end the contract due to operational losses, but would fulfill the contract if the Commission decided to extend it. Further discussion ensued regarding the details of the current and the proposed contracts and types of service. The Mayor restated the motion and called the question. Votes: Aye: 4 -Borno, Simmons, Waters, Wolfson Nay: 1- Fletcher MOTION CARRIED November 28, 2005 REGULAR COMMISSION MEETING Pa a 18 G. Comprehensive Height Limitation Charter Revision; establishment of timetable for approval of ballot language for a fall 2006 election (Mayor Wolfson) Mayor Wolfson discussed his concern that this issue needs to be approached in an intelligent fashion. He noted that the Community Development Board has been working on this issue and stressed the importance of receiving citizen input and understanding on the item. He expressed being uncomfortable with a "flat" city-wide 35-foot height limit and noted there are areas in the City that might have different needs. He indicated the need to implement a timeline so that the item could meet the required deadlines for being placed as a referendum for an amendment to the Charter. He also recommended that the Commission determine which election would be best for placing the referendum on the ballot. City Manager Hanson reported that City Clerk Bussey received information from the Supervisor of Elections' office that it is standard to place this type of referendum on the November general election ballot. Mayor Wolfson suggested that the voter turnout would be more significant for the November general election and reiterated the need to move forward with creating the necessary timeline involving workshops, Community Development Board meetings, public meetings, and Commission meetings. Commissioner Fletcher suggested that, due to the late hour, the Commission should request that staff create written one-year timetables for the rest of the items on the agenda to be reviewed and acted upon at the next Commission meeting. The Commission discussed the differences between the September and November elections. Commissioner Simmons noted that all three referendum items are important and require more discussion than could be given at this late hour in the meeting. She suggested hiring outside consultant, Nore Winter, to assist the City with moving forward with the community character process so that the City could direct attention to the new referendum issues. Mayor Wolfson did not believe it necessary to retain Mr. Winter for additional service. Ms. Doerr reported that the Community Development Board discussed the height limitation issue at their previous meeting and the general consensus was to create a referendum that proposes to leave the height limits as they are. It was agreed that the Community Development Board could quickly and easily craft the necessary language for the height limit referendum. Commissioner Fletcher brought the Commission back to the issue of acquiring written time tables from staff for the three agenda items, and also for the community character and tree ordinance issues. November 28, 2005 REGULAR COMMISSION MEETING Paee 19 Mayor Wolfson expressed concern with delaying the process for the three referendum issues by adding the two other items to their request for timetables from staff. Discussion ensued regarding the deadlines involved with the proposed referendum items. City Clerk Bussey clarified that the second week in September is the deadline for completing the referendum language for the November election. Mayor Wolfson encouraged the Commission to move forward with the three items on the agenda and asked them for a consensus of which election should have the referendums on the ballot. Commissioner Waters supported the idea of bringing back the services of Nore Winter to further assist the City with the community character issue so that the City can also direct their efforts towards the items being discussed. City Manager Hanson indicated that the issues being discussed involve strategic planning in order to determine their prioritization. He suggested beginning the strategic planning process as soon as possible, such as in January or February. He advised that each issue will require a lot of time and cautioned the Commission to realistically consider how much can be accomplished at one time. The Mayor reiterated and stressed the importance of establishing timelines and moving forward with these three referendum items. He suggested a special meeting or workshop be held to address the specific referendum issues, rather than including them with the Strategic Planning sessions. Commissioner Borno requested that the Commission receive the most recent quarterly update of last year's strategic plan prior to the workshop so that they can determine what the current status is for the on-going projects. It was the consensus of the Commission to place any referendum items on the November 2006 ballot and to defer discussion of these items until a Referendum Workshop, set for January 16, 2006 at 5:00 p.m. The Commission asked staff to provide a completed timetable with a September 2006 deadline for each item at the workshop. H. Eminent Domain Charter Revision; setting forth a process for consideration of the need for Atlantic Beach to hold a referendum on possible charter limitations on the use of eminent domain to acquire property from private property owners for the purchase by other private entities for the purpose of economic development (Mayor Wolfson) Discussion of Item 8H was deferred to a Referendum Workshop scheduled for January 16, 2006 at 5:00 p.m. November 28, 2005 REGULAR COMMISSION MEETING Pa a 20 City Manager Reports/Requests City Commissioners City Attorney I. District Representation Charter Revision; setting forth a process and timetable for preparation of language to be included on the ballot for a fall 2006 election to elect city commissioners by district (Mayor Wolfson) Discussion of Item 8I was deferred to a Referendum Workshop scheduled for January 16, 2006 at 5:00 p.m. 9. City Manager A. City Manager's Report City Manager Hanson reported that another public meeting on the Mayport Road Median Project will be held on December 12`h, at 5:30p.m. in the Commission Chambers. He noted that this is another opportunity for businesses and residents to talk with the planners. He announced that he distributed an item to the news media that evening that compares the estimated traffic accident saving rates of these types of projects and the actual history of traffic accidents on Mayport Road. The item also included information on nationwide studies of these projects and their effects on the businesses in the area. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Simmons • Reminded the Commissioners to give the City Clerk the names of individuals who communicated with them regarding Item 8A and to provide the City Manager with their versions for changes to the Board Member Review Committee. Commissioner Waters • Asked that City staff remove swimming pools from being classified as a permeable surface. Mayor Wolfson suggested that Planning and Zoning Director Doerr consult with a representative from the Saint Johns River Water Management District and bring back the appropriate language for the Commission to consider at the next regular meeting. • Believed that the ability for people to administratively subdivide their property should be removed from the City's Code of Ordinances. He asked staff to bring back language for this proposal so that the Commission can act on it at their next meeting. • Requested that the Commission discuss the issue of subdivisions and stated his desire to protect established platted neighborhoods from being replatted any further. The Mayor asked City Attorney Jensen November 28, 2005 REGULAR COMMISSION MEETING Pa a 21 for his legal opinion. Mr. Jensen replied that he has researched the issue but needs more direction from the Commission on what they would like to accomplish. He noted that Planning and Zoning Director Doerr has created an initial draft for an ordinance that would present a positive approach to the issue by establishing a new zoning district. Ms. Doerr noted that, according to statute, Commissioner Waters' requests would have to be brought before the Community Development Board prior to action from the Commission. Commissioner Waters asked that staff move forward with his requests, including the possibility of a new zoning district. • Discussed the possibility of a moratorium and the process involved. City Attorney Jensen advised that a proposed moratorium would have to be a publicly noticed agenda item. Commissioner Waters asked that this process be started with the next meeting. City Attorney Jensen clarified that Commissioner Waters is requesting language for a resolution placing a moratorium on subdividing any lots in the City, administrative subdivisions included. Mayor Wolfson •3 Discussed the Mayport Village Waterfront Partnership and noted that the former mayor was the City's most recent representative on that partnership. He recommended that Community Development Board member, Carolyn Woods, become the City's new representative for that partnership. City Attorney Jensen • Advised that the ex-pane disclosures need to be made on the record and asked that the Commissioners review the City's Resolution and have their full disclosures prepared for the next meeting. The Mayor re-emphasized the caution given by the City Attorney pertaining to no further communication allowed regarding the case before them. The City Attorney clarified what needed to be disclosed and indicated that, prior to the Commissioners casting their votes on the matter, their disclosures will be announced and made part of the minutes at the next meeting. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 12:35 a.m. ~~ Donald M. Wolfson, Mayor/Presi ing Officer A TTTOT_ Donna L. Bussey City Clerk ATTACHMENT A NOVEMBER 28, 2005 COMMISSION MTG these Land Development Regulations, the Comprehensive Plan and other conditions which may be unique to the Land proposed for Development. (d) Tune limit. An approved Preliminary Plat shall be valid for twelve (12) months, If the Applicant has failed to obtain Final Subdivision Plat approval within twelve (12) months of Preliminary Plat approval, the Preliminary Plat approval shall expire, and the Applicant shall be required to re-apply in accordance with the provisions of this Article. (e) It shall be unlawful to construct any Improvement without approval of a Final Subdivision Plat and issuance of a valid Building Permit authorizing Development. Sec. 24-205. Stage 3: Final Subdivision Plat review and approval (a) Purpose and Intent. The ouroose of the Final Subdivision Plat review is ~ ~c~ tha,*~~n~ Final Subdivision Plat meets all rettuiremerts Of Part L Chanter 177_ Florida ~tai~rtec_ all n[+nnirPmPnrc ~:ommission and prior to recording. For a period of twelve (12) months after approval of the re~ ~ Plat, the Final Subdivision Plat may be filed with the City for approval. In accordance with Division 4 of this Article, the City Commission may require assurances and security for the construction and maintenance of required Improvements. (b) Information required for review (1) Final Subdivision PIat review. Eleven (11) copies of the Final Plat shall be submitted to the City and shall be prepared in accordance with the design standards and requirements established in these Land Development Regulations and Part I, and Chapter 177, Florida Statutes, as may be amended. The Final Subdivision Plat shall be consistent with the approved Preliminary Plat. (2) The Final Subdivision Plat shall be prepared by a registered land surveyor in accordance with the requirements of Section 177.091, Florida Statutes and shall be clearly and legibly drawn in black permanent drawing ink. The Final Subdivision Plat shall be drawn on eighteen (18) by twenty- six (26) inch Mylar or as required for recording in the Official Records of Duval County. The Final Subdivision Plat may be on several sheets, and each sheet shall contain an index delineating that portion of the Subdivision shown on that sheet in relation to the entire Subdivision. The Final Subdivision Plat shall be at the same scale and in the same format as the Preliminary Plat. The Final Subdivision Plat shall contain sufficient data to readily determine and accurately locate on the ground the location, bearing and length of every-Right-of-way line, Lot Line, Easement boundary line and black line, including the radii, arcs and central angles of all curves. The following shall also be included. i. Boundary Survey and Trtle Certification as required by Florida Statutes, Chapter 177.041 ii. Name of new Subdivisions and Replats. As required by Florida Statutes, Chapter 177.051, every new Final Subdivision Plat, and any section, unit or phase therein, as well as any Replat of a previously recorded Final Subdivision Plat, shall be given a name by which the Subdivision shall be legally known. iii. Every Final Subdivision Plat shall be prepared, signed and sealed by a registered land surveyor as required by Florida Statutes, Chapter 177.061. iv. Dedication of Improvements. All public Improvements or property designated for public purpose on any Final Subdivision Plat, including but not limited to, all Streets, alleys, Initial Effective Date: January O1, 2002 as adopted by Ordinance Number 90-01-173 Last amended April 11, 2005 as adopted by Ordinance 90-05-186 100 Easements, Right-of-ways, parks, recreation amenities, Open Space, Buffers and protected areas shall be expressly dedicated on the face of the Final Subdivision Plat. In addition, the Final Subdivision Plat shall contain a statement of dedication to the City, other appropriate government units or public utilities for all water lines, sewer lines, pumping stations, electrical power lines, fiber optic, digital or cable television lines, gas lines and arty other public utility service lines and appurtenances located within the tract prior to recording, v. Any special conditions, including Building Restriction Lines that may exceed the Zoning District Minimum Yard Requirements, or other unique requirements shall be noted on the Final Subdivision Plat. vi. If required, assurance for the performance of construction, completion, maintenance and warranty of all Improvements shall be submitted as set forth within Division 4 of this Article. (3) Approval or denial by City Commission. Upon receipt of all required information, the Community Development Director shall, within thirty (30) days, schedule the Final Subdivision Plat for public hearing before the City Commission.. The Community Development Director shall forward all relevant information to the City Commission for its consideration. Thy Commission, after considering all comments shall approve, deny or approve subject to specified r .~1 .. aL T , Ana security requirements and with If substantial changes to Lot, block or Street layout or Lot sizes occur at any time after the consideration by the Community Development Board, another review by that board shall be conducted prior to submittal of the Final Subdivision Plat to the City Commission for final action. (4) Signing, recording, and acceptance. Upon approval by the City Commission, said Final Subdivision Plat shalt be signed by the Mayor and shall then be entitled to be recorded under the applicable provisions of Chapter 177, Florida Statutes. Acceptance of the Final Subdivision Plat shall be deemed provisional acceptance by the City of said public Improvements and other public areas dedicated to the City. Final acceptance of ail public Improvements shall occur upon the submission to the City Commission of a valid Certificate of Completion as provided for in Section 24235 of this Chapter, The acceptance of dedications for public purpose shall be affixed to the face of the Plat. Four (4) copies of the recorded Fina.i Subdivision Plat shall be provided to the City. Sec. 24-206. Consfraction Plans wind Boildling Permits. (a) Intent. An Applicant shall obtain a single Building Permit for the construction of all infrastructure Improvements included within the Final Subdivision Plat The Applicant shall not submit Construction flans for Su'division Improvements, as required by this Article, until the Final Subdivision Plat is approved and recorded, or before any required Performance Bonds or other assurances are secured. The Construction Plans shall provide security required for the performance of such construction, price the Improvements are completed, a Certificate of Completion shall be issued, and a Maintenance Bond shall be submitted, as required by this Article. (b) Required submittals. The Applicant requesting a Building Permit under the above procedures shall submit to the Building Department four (4) sets of Construction Plans designed in accordance with Initial Effective Date: January O 1, 2002 Last amended April 11, 2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 101 } ~~~~~- •---~ ;'r.. T15.00' i~ i Q __~~ M A P O F 'ART OF LOTS 32 AND 33; BLOCK 1, SELVA MARINA UNIT No 1, RECORDED IN PLAT BOOK 23. PAGE 4 OF THE CURRENT PUBUC I ORDS OF DUVAL COUNTY, F10RIDA. ~- O T 3 2 I S06'i 8'00°E j ..e~.~,.,____ ~ 1.00' \ j j j O j m j C j6 /` I'~ jm ~n (g r j jm •c j 1 t . /~,,, f"~. i i 1 CON{7' t 0 T AIMING ~ g. 79a~ 3 3 1 1 1 SQUARE FEET1 1 t 1 t j ~' eu~ __~~~ -- ~cnoN ~~. ~ ~ ~ `'~--` _ ~ _ ~`~~i N87'r~+w ~CH~ X6.86• RAO/(jS 84g 51' N87~23'pp.. 7'~~!? i W 31-80' BOA RtG~IT ~• ~? _ j~~~ l NOTES: '" • pA~ THIS IS A MAP ONLY_ BOUNDARY OATH BASED ON pLgT BUIL•OING RESTRICTION L1NE5 AS PER PLAT. 'twr vwuo wmour aE stauiunE Nb A+E dilglAL RA19Ep SEN. ~ A R.OPoOA LIt~SE,p SIBIIEYOR NO YAfM~flt.' C7 ~ C1 ~ ~_ J 'CA v ~ N ~a~ ~:''~ iw a T e1~ . ~,~ ~O . ~h X6000 ~~ooJS ~P RENSED AUGUST 24, 2005 0 N 1 W U N .J U ~W U4'' W Q~ ZQ _> ~~ Q~ ~} 3 >'~ Ja W l WAXME Q tX.ARK~ P.S.M. F10R~I- UC. SURVEYOR and MAPPER Na LS 3117 FLA IIC: SINtyE1rMG dt MAPPING BUSINESS Na LB 3672 "'. BOATWRIGHT LAND SU ORAINN BY Mcc 1500 ROBERTS DRS tNC. DATE: AUGUST 4. 2005 FlLE # 20oS-986E ~A~ ~~~ ~~DA 247-8550 ~~-.LOF t .,~-=-, `.~ MAP O F APART OF LOT 33, BLOCK 1, SELVA MARINA UNiT No. 1, AS I ~~ RECORDED !N PLAT BOOK 23, PAGE 4 OF THE CURRENT PUBLIC ^ RECORDS OF DUVAL COUNTY, FLORIDA. ~ ~. ~ COT 32 i ~ ~ ._._ _ _ Narso~ore ioa.;~• ~ ~"~ t ~ r~ o f ~ ~ ' ~m ~ =~ i ~ -- ' Sao o~ I gym. _ ~ I s >~ oA , _ m ~ e ~ ~ ~- ~ ~~ ~~~~ I ~ m ~~ ~z (v i ~ ~ ~ ~ ~ _ ~ ~ ~ o~~ i ~ ~ i g ~ N,$-' °~ ~ a v m ~ - r _ `` i N83'19'42"E 11094'~'~ o O I ~ ~ ... _ f 3 ~, t ~ 3 ~ 1 ~ _ o i ~ o c~N ~ ~ ~ I ; ~ ~ ~ r q,,~,~N C 1 > > i ~ .62s i ~ s ' o Q~~RF ,~, I - - -.~ _., o FF ~ T - ~ ~"'c i i - / c~ ~ _ ~ i v - _ ~ ~ ~ eA ~ i 5~~~ pj~O 5 N87'S7'~W ~O `~ ~ . ~~-oRO ~s ~' Q' R~US 8 31. ~S7 N8?-~ ~,,.W )2t . NolES: sn• ~~ ~$ T IBIS IS A MAP ONLY. WAY pgE 'BEAti1~IGS BASED ON THE NORTIi LOVE OF 7tiE SOUTH 1.0 FEET OF GOT 32 AS 8EMI6 N83'9D'07'E AS PROTECTED FROM PLAT_ _ BU0.nWG RESTRIC110N IWES AS PER PLAT. JrK,v ~ ~! ~wr ~ +rmour A+e aaa-n~ ~w ~ MA101~ C. t'~:ARlCE, R.S.M. s~ R~~w ~ ~O~D" "~ f1-D~DI- UC- SURVEY+OR and MAPPER Na LS 3117 FLA. LIC. SIJRVEYMiG de MAPPING BUSINESS Na LB 3872 SCALE: ~" _ ~' 80ATiNWgiT LAND SURVEYORS, iNC. DRAWN 8Y: M~ DATE: OCT08ER t2, zoos R ~ F1tE ~ 2dos-t559s JAgC90NVILl'E SHEET ~ OF B EA H FLORIDA 24t-85.50 .-.~._ ~ street lights, landscaping, Permanent Reference Monuments (PRMs), permanent Control Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24188. Requirements for approval and recording of a Final Subdivision Plat or a Replat. s (a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been created, except in compliance with the requirements of Division 2 of this Article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Land will create three (3) or more contiguous Lots or Parcels. (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or designated preservation azea. Sec. 24189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each the following provisions. (1) The division results in no more than two (2) contiguous Lots or Parcels. (2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and ail other applicable requirements of these Land Development Regulations. (3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements, Such Certified Survey shall be submitted to the City and approved prior to recording of a deed for transfer of ownership of Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings an: othernvise in cornpliancc ;v:.h these Land Development Regulations and the Comprehensive Plan. L~itia! E[Tective Date: January O1, 2002 as adopted by Ordinance Number 90-01-173 Last amended April 1 1, 2005 as adopted by Ordinance 90-05-186 95 STAFF COMMENTS AND RECOMMENDATION This request seeks approval to reconfigure a portion of the Selva Marina subdivision to create three new lots. The existing "parent parcel" contains one lot (Lot 33) and portion of two adjacent lots (Lots 32 and 34). While such a division would be considered an itlegal division of property under current Land Development Regulations, this parcel has apparently existed in its current configuration long prior to the regulation of such divisions of Land. This "parent parcel" is of sufficient size to create three lots that meet the width, depth and lot area requirements of the RS-1 Zoning District and the Low Density Comprehensive Plan designation. A subdivision re plat, however, must be approved and recorded in order for this division of property to create legal platted Lots of Record. Each proposed new lot meets the minimum 75-foot width and 100-depth, and new Lat 1 will contain 8,167 square feet; Lot 2 will contain 11,625 square-feet, and Lot 3 will contain 12,884 square feet. Staffhas no objection to the requested re plat of this property in that each of the three lots complies with the RS-1 Zoning District and the Residential, Low Density future land use category. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 to create three new lots to be know as the Selva Verde re•-plat and consistiag of: Lot 1 containing 8,167 square feet; Lot 2 containing 11,625 square feet, and Lot 31 containing 12,884 square feet, provided: rovide findings of fact similar to the follawin~ and attach other conditions as may be appropriate.) ~. ` 1. Approval of this re-plat is consistent with the Zoning and Subdivision Regulations for the City of Atlantic Beach. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed re-plat is compatible with adjacent properties and other properties within the surrounding area. 4. The proposedsubdivision replat isconsistent RS-1 Zoning District and the RL (Residential, Low Density) Comprehensive Plan designation. 2 -.~ -r ;, ,-. November 21, 2005 CRISP ~ HARRISON AGENCY, INC. THE OFFICES AT EAST PARK, 11555 CENTRAL PARKWAY SUITE 601, JACKSONVILLE FLORIDA, 32224 PHONE: (904) 721-9112 -FAX (904) 721-9113 Donald M. Wolfson Mayor and The City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: The lot at 1202 Selva Marina Circle Dear Mayor and City Commissioners: I understand from an associate of mine, Lindley Tolbert, that her attempts to seek a legal division of her property at 1202 Selva Marina Circle into 3 lots all meeting the legal guidelines are being rebuffed. She has carefully followed the guidelines and is well within the law and city ordinances regarding this proposed division. If she is denied she will be forced to seek legal remedy through a law suit which she will undoubtedly win. As a resident of Atlantic Beach at 408 Snapping Turtle Court East in the Ocean Walk community, I urge you and our City Commissioners to approve her request as it is clearly within the bounds of our current codes and zoning ordinances. The taxpayers of the City of Atlantic Beach should not be made to pay for defending indefensible and expensive positions taken by our own City government that are contrary to existing law. I will be attending the City Hall meeting scheduled for 11/28 to be sure my voice is heard in this matter. This is not a political or an aesthetic issue at this point. It is a legal issue. Thanks you for your consideration. Sincerely, Les E. Samuels Disappointment in City Performance I recently had the opportunity to attend a City of Atlantic Beach Board Meeting regarding Community Development. Of the several topics discussed, one in particular was given much attention. A resident of Atlantic Beach had the great fortune of purchasing two adjacent properties within Atlantic Beach. The issue at hand was whether to grant a recommendation to the Commission for the resident to subdivide one of the newly purchased properties. It was impressive to view the presentation by both the resident and their appointed attorney as they had clearly performed the necessary "homework" to approach the Board. What I found disappointing was the lack of preparedness by the Board to discuss an issue with tremendous financial ramifications. It was painful to listen to Board members discuss their judgment based on emotions, or worse yet, to hear that their decisions would be based on individual interpretation of the intent of the City's Comprehensive Plan. There was little question that this resident was acting well within the criteria of the established zoning regulations which are integrated with the Comprehensive Plan. The City's Council advised the Board that the City could not defend a decision to deny this subdivision request. Yet, the Board continued to spend much time educating themselves on zoning and Comprehensive Plan issues during the meeting, thus showing little preparedness not to mention disregard for their Council's advice. In the end, the Board agreed to forward a "disapprove" recommendation to the Commission. This resident will likely meet the City in court and win the decision which will in turn require, at some point, the City to pay all court fees. One would think that time and monies could better be utilized in properly planning the development of this City. Perhaps a visit to Savannah or Charleston would open the eyes of the board to its needed vision in planning for a growing community. As for the residents that wish this type of event not occur, I respect your concerns and suggest consideration to a deed restriction on your property. I believe such an act would allow you to satisfy your convictions well into the future. More importantly, this would allow your property to be self-governed and not controlled by the City government. George Mayforth 10 10~' Street Atlantic Beach, FL 32233 904.241.b385 ATTACHMENT B NOVEMBER 28, 2005 COMMISSION MTG Fletcfier: Just one concern Mr Mayor: the CD Board tomon ow night will address a subdivision at 12th and Seiva Cirde and while it has not obviously come in front of us yet, I'd like do just express aortoerns that the citl~er>~s in that area have voiced concerns do me about 3 kits on that plat; it seems ir>Ioor~sis6ent with our pre,~ertt operations with Mr. Winter and his recommendations; anumber of legal i do come up, although I understand the CD Board's role is administrative, there still seem ~ be some legal concerns to me; just a concern, since it's coming up tiomorrow night, I thought I'd voice it and it will be bade in our court soon. Waters: What exactly did you just voice? Flefid~: A concern Waters: A concern that they are wing it? Or that they are not doing it? Or be a little more definitive here. Rebctta~: The dti~er>Is in the area have voiced strong objection do the lot being subdivided. Waters: Thank you. I object too. Rebcher: You're welcome. Thank you. Page 1 of 1 ATTACHMENT C NOVEMBER 28, 2005 COMMISSION MTG CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Selva Verde Replat. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle. SUBMITTED BY: Sonya Doerr, AICP ,!J ~V Community Development Director DATE: November 18, 2005 BACKGROUND: This request seeks approval to reconfigure a portion of the Selva Marina subdivision to create three single-family residential lots. The original "parent parcel" contains one lot (Lot 33) and portions of two adjacent lots (Lots 32 and 34). While such a division would be considered an illegal division of property under current Land Development Regulations, this property has apparently existed in its current configuration long prior to the regulation of such divisions of land. This "parent parcel" is of sufficient size to create three lots that meet the width, depth and lot area requirements of the RS-1 Zoning District and the Low Density Comprehensive Plan designation. A subdivision re-plat, however, must be approved and recorded in order for this division of property to create legal platted Lots of Record. Each proposed new lot meets the minimum 75-foot width and 100-depth requirements of the RS-1 Zoning District. Proposed Lot 1 will contain 8,167 square feet; Lot 2 will contain 11,625 square feet, and Lot 3 will contain 12,884 square feet. The proposed lot sizes are also consistent with Residential, Low Density future land use category, which establishes maximum permitted density of up to six dwelling units per acre. RECOMMENDATION: The Community Development Board considered this request fora re- plat at their August 16th meeting, and following comments and objections by residents, recommended denial by a 5:1 vote, citing the following findings of fact. 1. Approval of this re-plat is not consistent with the Zoning and Subdivision Regulations for the City of Atlantic Beach. 2. The request is contrary to public interest and is detrimental to the health, safety and welfare of general public. 3. The proposed re-plat is not compatible with adjacent properties and other properties within the surrounding area because this neighborhood within the Selva Marina subdivision contains larger lots than those requested. 4. The proposed subdivision re-plat is not consistent with the RS-1 Zoning District or the RL (Residential, Low Density) Comprehensive Plan designation. AGENDA ITEM #8A NOVEMBER 28, 2005 5. The proposed subdivision re-plat is not compatible with the Comprehensive Plan, specifically, Goal A.l; Objective A.1.6 and Objective A.1.3 of the 2015 Comprehensive Plan Future Land Use Element. (Reproduced as follows.) Goal A.1 The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental. natural, historic and cultural resources, 4) maintains the City's distinct residential community character, 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations, and 6) that provides public services and facilities in a timely and cost effective manner. Obiective A.1.3 - Maintaining Residential Character The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, 2) provides for the preservation and protection of the dense tree canopy, and 3) which provides for varied and diverse recreational opportunities, including the preservation, acquisition and development of public access to the beach and other water-related resources. Obiective A.1.6 -Preservation of Older Neighborhoods The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re-investment in older neighborhoods. BUDGET: No budget issues. ATTACHMENTS: Draft minutes of the November 15th Community Development Board meeting, supporting information and copy of Selva Marina, Unit 1 subdivision plat (as originally platted) and proposed Selva Verde re-plat. REVIEWED BY CITY MANAGER: November 28, 2005 regular meeting 2 ATTACHMENT D NOVEMBER 28, 2005 COMMISSION MTG November 21, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso SUBJECT: Follow-up eport• Ci Lo o; At the last commission meeting, the staff was requested to make changes to the lettering on the city logo so that the "City of Atlantic Beach" name would be more visible. A representative from a printing company that the city has used has been asked to prepare some options for consideration. When ready, the revised city logo with highlighted lettering will be presented to the City Commission. Palm Trees for Dudley St; A request was made at the last meeting for staff to look into the possible planting of rows of palm trees along both sides of Dudley St. from Mayport Rd. to the Donner Community Center. There aze several obstacles to overcome along Dudley St. before this could be done. These include several mature hardwood trees that have grown along the ROW that would have to be removed to make room to plant and see the palms. Much of the remaining ROW is currently being used for parking, and there aze utilities along both sides of the street . If additional tree cover is needed along Dudley St., the best option would be to fill-in with hazdwoods under the Adopt-A-Tree program. Diseased Palm Tree; A complaint was received at the last meeting about a palm tree on Beach Avenue that possibly had the same disease as one of the medjool palms in Town Center. City staff have inspected the tree since that meeting. While the tree is dead or quickly dying, we do not believe that it is caused by the same disease that has infected the tree in Town Center. The owner has been notified of the city's findings. Reports Ezpected For Nezt Commission Meeting on December 12, 2005; Several follow-up reports were requested by the City Commission at the last meeting of November 14~', but are not yet complete but expected for the next commission meeting on December 12~' and include the following; - Options to Improve Public Safety at Tideviews Park; follow-up from report on last commission meeting agenda AGENDA ITEM #3A NOVEMBER 28, 2005 - Enforcement of Park Rules by Police Department; specific language for ordinance and explanation about how the proposed rules would be enforced; follow-up from previous staff report - Report of locations of existing post office boxes in City of Atlantic Beach