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04-14-03 vCITY OF .ATLANTIC BEACH COMMISSION MEETING Apri114, 2003 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 24, 2003 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's follow up report on issues from previous meetings B. Review and possible action on a report on Golf Carts on public streets 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 licenses (City Manager) B. Approve list of items to Manager) 5. Committee Reports monthly reports -Public Works and new occupational be declared as surplus to the City of Atlantic Beach (City 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 90-03-181 Introduction and First Reading AN ORDINANCE OF TEIE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 90-03-181 REZONING LANDS AS DESCRIBED HEREINAFTER TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND .PROVIDING AN EFFECTIVE DATE • B. Ordinance No. 65-03-32 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, .FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQUIREMENTS AT CERTAIN INTERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE (City Commission) C. Ordinance No. 5-03-41 Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) D. Ordinance No. 20-03-59 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, .FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2003 8. Miscellaneous Business A. Appointments to Cultural Arts & Recreation Advisory Committee (2) B. Appointment to the Community Development Board (1) C. Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for afour-year term, and to the Police Pension Board of Trustees for atwo- year term D. Acknowledge receipt of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and authorize staff to draft an ordinance to codify the proposed amendments (City Manager) E. Discussion and related action in connection with possible regulation of rental property (Comm. Borno) 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 I'M, Friday, April I I, 2003. -2- MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMNIISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, APRIL 14, 2003 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Parsons, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: Dezmond Waters, Commissioner Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by John Meserve was followed by the Pledge of Allegiance to the Flag. 1. Approval of t}ie minutes of the Regular Commission meeting of March 24, 2003 Motion: Approve the minutes of the Regular Commission Meeting of March 24, 2003 as presented. The motion carried unanimously. 2. Courtesy of the Floor to Visitors David Miller of Nature's Way, 226-A Roscoe Blvd. S., Ponte Vedra Beach, spoke regarding the bid for ditch spraying (Bid #0203-11), which opened on Apri12"`~, 2003. He stated that he was not the lowest bidder for the ditch spraying, but he was the lowest for mosquito control and hoped the City Commission would award him that portion of the contract. A copy of Mr. Miller's comments is included as Attachment A. J.P. Marchioli of 414 Sherry Drive spoke about protecting the tree canopy and did not agree with the removal of trees on a residential lot in his neighborhood, even though a fee was paid to replace the trees. Dorothy Kerber of 365 1St Street opposed possible regulation of rental properties (8E). She did not feel inspections were necessary and thought landlord/tenant issues should be handled privately. Ms. Kerber was also v v 0 0 T T E E s s M S O E T C I O Y O N E N N D S O COMMISSIONERS BEAVER X BORNO X X PARSONS X X MESERVE X Minutes Page -2- April 14, 2003 opposed to the City spending additional money for mosquito control, S which is a county service. Steve McGuire of 328 10°i Street presented a neighborhood petition requesting lowering of the speed limit or installation of speed bumps on 10 'Street. A copy of the petition is available in the office of the City Clerk. Mr. McGuire supported allowing Golf Carts to be operated on public streets (3B). 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report on issues from previous meetings City Manager Hanson commented on each item of his written report, a copy of which is attached and made part of this official record as Attachment B. B. Review and possible action on a report on Golf Carts on public streets. Dir. Thompson reviewed his report on the research done on golf carts on public streets, a copy of which is attached and made part of this official record as Attachment C. He emphasized the safety issues that needed to be addressed, especially age requirement to drive a Golf Cart, the safety and road features needed for Golf Carts to be driven on public streets, and traffic flow issues. He suggested the Commission consider the cost factor in relation to the benefit of the community. Discussion ensued and it was decided that further research should be done on this issue. Carol Mikell of 1771 Sea Oats Drive agreed to serve on a citizens committee to study this matter further and present recommendations to the City Commission. Commissioner Beaver volunteered to serve as the Commission liaison for such a committee. 4. Consent Agenda A. Acknowledge receipt of monthly reports -Public Works and new occupational licenses (City Manager) B. Approve list of items to be declared surplus to the City of Atlantic Beach Motion: Approve Consent Agenda Items A & B as presented. There was no discussion and the motion carried unanimously. • OMMISSIONERS M 0 ~r I O N S E c O N D Y E S N O BEAVER X X BORNO X X PARSONS X MESERVE X Minutes Page -3- April 14, 2003 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: There were no Resolutions. 7. Action on Ordinances: A. Ordinance No. 90-03-181 Introduction & First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE N0.90-03-181 REZONING LANDS AS DESCRIBED HEREINAFTER TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Sonya Doerr explained that changes to the ordinance discussed at the March 24`h Workshop Meeting were included in the ordinance. Mr. Nichols, the applicant, agreed with the changes. Motion: Approve Ordinance No. 90-03-181 on first reading. There was no discussion and the motion carried unanimously. B. Ordinance No. 65-03-32 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQUIREMENTS AT CERTAIN INTERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE (City Commission) Mayor Meserve read the ordinance by title only. OMMISSIONERS M O T I 0 N S E C O N D Y E S N O BEAVER X BoRNO x x PARSONS X X MESERVE X Minutes Page -4- April 14, 2003 Motion: Approve Ordinance No. 65-03-32 on final reading. Mayor Meserve opened the floor for a public hearing. J. P. Marchioli spoke in favor of the Ordinance, but he wanted to know how it would be enforced. Bob Totter of 273 11`'' Street spoke in favor of the Ordinance, but was concerned about grandfathering in existing obstructions. The Mayor closed the public hearing. Dir. Thompson stated that the City currently had no law addressing hazardous conditions on city rights-of--way or the removal of such hazards and that this ordinance would establish regulations and a notification process would be set up. The motion carried unanimously. C. Ordinance No. OS-03-41 Introduction & First Reading AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE, • DIVISION 1, GENERALLY, SECTION 2-316, FEES SHALL BE PAID TO CITY GOVERNMENT, TO REMOVE REFERENCE TO DAILY PAYMENT AND THE CITY TREASURY, AND TO PROVIDE AN EFFECTIVE DATE (City Manager) Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. OS-03-41 on first reading. There was no discussion and the motion carried unanimously. D. Ordinance No. 20-03-59 Introduction ~; First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 20-03-59 on first reading. OMMISSIONERS M O T I O N S E C O N D Y E S N 0 BEAVER X BORNO X' X PARSONS X X MESERVE X BEAVER X BORNO X X PARSONS X X MESERVE X BEAVER X BORNO X X PARSONS X X MESERVE X Minutes Page -5- April 14, 2003 There was no discussion and the motion carried unanimously. S. Miscellaneous Business: A. Appointments to Cultural Arts and Recreation Advisory Committee (2) The Mayor nominated Katherine Burgess and James B. Strutchen, Jr. for appointment to the Cultural Arts Board. The City Commission unanimously approved the appointments. B. Appointment to the Community Development Board The Mayor nominated Lynn Drysdale to fill the unexpired term of Karl Grunewald on the Community Development Board. Motion: Appoint Lynn Drysdale to the Community Development Board The motion carried unanimously. C. Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for afour-year term and to the Police Pension Board of Trustees for a two-year term Motion: Confirm appointment of Harry McNally to the General Employee Pension Board of Trustees for afour- year term and to the Police Pension Board of Trustees for a hvo-year term. There was no discussion and the motion carried unanimously. D. Acknowledge receipt of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and authorize staff to draft an ordinance to codify the proposed amendments (City Manager) Community Development Director Sonya Doerr stated that she was working on the draft of the changes to Chapter 24 recommended by the Community Development Board, as listed in her report dated Apri12, 2003. A copy of the report is attached and made part of this official record as Attachment D. She proposed to have the first reading on Apri128, 2003, and final reading and public hearing on May 12, 2003. OMMISSIONERS M O T I 0 N S E C O N D Y E S N O BEAVER X BORNO X PARSONS X X MESERVE ~ X X BEAVER X BORNO X PARSONS X X MESERVE X X Minutes Page -6- April 14, 2003 Following brief discussion Ms. Doerr was directed to draft the ordinance for first reading on Apri128, 2003, and final reading and public hearing on May 12, 2003. E. Discussion and related action in connection with possible regulation of rental property (Commissioner Borno) Motion: Have City Attorney provide in writing a summary of existing Florida ordinances that cover one or more areas of regulation, monitoring and inspection of rental property (over 90 days). That a written detailed recommendation be provided on how the City of Atlantic Beach can develop and pass an ordinance in the near future. That the written report be provided at the City Commission meeting of May 27, 2003. Discussion ensued and various levels of control were suggested including annual inspections of all rental properties, inspections on an as-needed basis only, or just having tenants register with the City. The City attorney pointed out that there were existing laws that provided standards for multi-unit apartment buildings. While it was felt that existing laws were probably adequate to address most health and safety concerns, the Mayor suggested that the City Commission continue discussions on this issue. There was no second and the motion failed. 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report. The report is attached and made part of this official record as Attachment E. The Commission agreed that the City should look into cost sharing with Neptune Beach for a new welcome sign. The cost estimate for construction of the sign as presented was $27,000. The City Manager suggested having a shade meeting to begin discussions regarding a contract for the white-collar bargaining group that was approved in the recent election. The Commission agreed to invite past elected officials to the annual reception for City Board and Committee members in August. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER BoRNO x PARSONS MESERVE Minutes Page -7- April 14, 2003 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver Apologized for missing the previous meeting. Reported he had spoken with George Maida of ABET regarding possible renovations to the theater at Adele Grage Cultural Center. He said two grants were available for such a project but ABET would have to have a 10- year lease in order to qualify for grant money. The Mayor suggested that Commissioner Beaver contact Alice Gartland to see if a grant could be obtained through Jacksonville. Commissioner Beaver will look into this matter further. Mike Borno • Stated that he would be speaking at the "CDBG Awareness Day at the Beach" on Wednesday, Apri123, 2003 • Suggested comparing the previous mosquito control company, Vortex, information and costs with Nature's Way and Bluewater Mayor Meservc • Reported the Sulzbacher Center was considering opening a free medical center on Mayport Road for people without health insurance • Reminded the Commission that Jacksonville Beach had agreed to donate $250,000 for the construction of a historical museum in Jacksonville Beach. He said the Beaches Area Historical Society would probably also request a contribution from Atlantic Beach for this project. There being no further discussion or busine s me before the City Commission, the Mayor declared the n e djourned at 8:40 p.m. ~ _ Atte t: j~ Mayresidi g Officer ~~LL / t, ~ Maureen King • Certified Municipal Jerk OMMISSIONERS M 0 T I 0 N S E C O N D Y E S N 0 Attachment A Mister Mayor, Ladies and Gentlemen of the Commission and citizens of Atlantic Beach My name is David Miller and I am the owner of Natures Way Natural Control Inc. Last week, there was a Bid Opening for your Ditch Spraying and Maintenance Contract- I was not low bidder so I will not get the contract. I wish the successful bidder good luck. I have enjoyed doing the waterways for the last nine years, and I hope the people at Public Works appreciate the job I tried to do for them However, tonight I came to speak about Mosquito Control The Ditch Spraying and Maintenance Contract Amendment #3 asked the bidder to supply a Comprehensive~Plan for a Mosquito Control Program The Mosquito Control Program for the City of Atlantic Beach is intended to augment the service provided by Jacksonville Mosquito Control Division • I have coordinated my Program with Richard Smith, Chief of Mosquito. Control Operations for the City of Jacksonville. Richazd has enclosed a letter in my Bid package saying my Program as outlined would benefit the City's Mosquito Control Operations in Atlantic Beach • Also enclosed in my Bid package is another letter from Tom Loyless, Section Chief for Mosquito Control for the State of Florida, Tom was gracious enough to endorse my qualifications as being competent in all azeas of Mosquito Control. ~ I was the entomologist for Jacksonville Mosquito Control District for 5 yeazs before starting my own company in 1991. • I am a Graduate Entomologist and a former Entomolo ist III with the State of Florida • In the mid nineteen seventies I set up the first completely Integrated Pest Management Program for Mosquito Control for the City of Gainesville Florida and ran that Program for six yeazs. • I was an instructor for The Biological Control of Mosquitoes for the Florida Mosquito Control Association • I was The Biological Control Editor for the magazine Win Bg eats that is the official magazine of the American Mosquito Control Association • Also, I am a Certified Pest Control Operator for the State of Florida. I mentioned I was not low bidder for the Ditch Spraying and Maintenance; I was the overwhelming low bidder for the Comprehensive Mosquito Control Program My bid for monthly Mosquito Control was $1800.OOMy competitors bid for monthly Mosquito Control was $3,750.00. The contract clearly states that the City of Atlantic Beach can award any or part of the Contract to any vendor based on what is in the Cites best interest. That clause gives you the ability to capitalize on the competitiveness of the bid process to provide the citizens of Atlantic Beach with the best service at the best price. Thank-you very much for your time , also I have a hand-out for your consideration. ,~ e.,, AGENDA ITEM #3A APRIL 14, 2003 Bzzzzzz......MOSQUITO CONTROL • The predicted effects of El Nino promise to make an even greater mosquito population than usual during the upcoming months. To keep mosquito populations in check, the objective is to eliminate as many mosquito-breeding sites as possible. Where water cannot be eliminated, the City of Atlantic Beach provides a regular program of ditch spraying to eliminate mosquito populations in various stages of larval development. The County provides aerial and mobile spraying to help you enjoy the outdoors. Some species of mosquitoes can breed in less than one inch of standing water and hatch in one week. As a homeowner, the following check list is provided to reduce mosquito breeding grounds on your property: • Refill pet water bowls frequently to disrupt mosquito breeding cycles. • Remove old tires or drill holes in those used as swings to allow them to drain. •'• Clean out eave troughs and gutters. • Change water in the bottom of plant containers at least twice a week. • Dispose of unused wading pools and broken or discarded toys that can hold water. .•. Don t leave garbage can lids upside down. • Fix dripping outdoor faucets. • Check boat tarps for indentations that may collect water. Spray requests may be made to the City of Jacksonville Mosquito Control at 630-2489. For more information and tips to avoid and eliminate mosquitoes visit their website at www.coj.net, click on "services" and then mosquito control. • • Attachment B March 31, 2003 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans SUBJECT: Follow- Report Article on Mosquito Control in Tideviews; At the last commission meeting, a suggestion was made to put an article on mosquito control in the next edition of the Tideviews Newsletter. City staff had akeady planned for such an article at the time the suggestion was made, and a copy of the wording that will appear in the April edition of the Tideviews Newsletter is attached for your information. I 1 `h Street Sidewalk; A petition was subnutted to the Commission requesting that a sidewalk be installed on 11 °i Street from Linkside Drive extending east to Beach Avenue. City staff has estimated that the cost of 4' wide sidewalk would be $33,000. It will be included on a list of items to be discussed in connection .with the City's FY-04 budget unless the City Commission wishes to add mid year funding to do the project now. Funding for Beach Renourishment; We were advised on Monday, March 24th by the Corps of Engineers that no sand would be placed on our beach during the current dredging project. This meant that the best prospect for obtaining adequate beach quality sand would be to plan for a separate renourishment project utilizing an off shore source in FY-O5: To locate, study and permit an acceptable off shore source for sand, approximately $750,000 for engineering related work will be needed in FY-04. Shortly after the Corps' announcement on Monday, March 24`h, staff became aware that the deadline for submission of federal funding applications for FY-04 was to close on Friday, March 28th. City staffthen worked closely with City ofJacksonville officials to get an application submitted on time. We have received notification that the project will be included in the Congressman's proposed request as a priority project. It will be October before we know the results of this request. • Atl-achment C STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Golf Carts DATE: March 25, 2003 i SUBMITTED BY: David E. Thompso~ of of Police/DPS BACKGROUND: Golf Carts on Public Streets Based on a request from the City Commission, the Police Department was directed to research the feasibility of allowing golf carts to travel on city streets. Since that time, the Police Department has conducted research and contacted numerous sources to learn more about golf carts on streets. Information has been provided by a police chief in a city that currently inspects and permits golf carts on public streets. Discussions have taken place with a public traffic engineer, and golf cart information has been acquired from dealers who sell and construct custom golf carts for public and private use. State laws and local ordinances have been reviewed relative to this matter. As a result of this research, significant challenges have arisen for City Commission consideration. Golf carts have a number of advantages when compared to cars and/or bicycles. Golf carts are quiet, and they do not produce poisonous gas emissions. They are more visible and more stable than a bicycle, and they are not l~lcely to generate speeding complaints. However, there are some serious safety issues that should be addressed before simply accepting golf carts on public streets. In some states, golf carts are simply treated the same as other motor vehicles. The golf carts must be issued a license plate, they are required to have all of the required safety equipment and insurance; and drivers must be licensed by the state to operate motor vehicles on the public streets. Florida provides an exception so that local governments are tasked with the regulation of golf cart usage on public streets. Safety Issues: There are at least three (3) significant factors that come into play relative to the safety of golf carts on public streets. This report will address each of these separately before summarizing them and making recommendations. 1. Drivers No vehicle is safe if it is operated by an unsafe driver. At the current time, there are no regulations relative to the qualifications for drivers of golf carts. Since golf carts are typically used on private property, there are no state laws that require the drivers to meet any qualifications or standards. For this reason, it is not unusual to see children, with no qualifications, driving AGENDA ITE1~1 #3B APRIL 14, 2003 • golf carts. Additionally, this lack of standards applies to senior citizens who may no longer qualify for a-driver's license due to physical handicaps. People who can no longer operate a motor vehicle safely, are allowed to drive golf carts. Some communities that allow golf carts on public streets, require a valid Florida Operator's License for all drivers. They also require drivers of golf carts to abide by all of the state motor vehicle laws. This means that golf carts must obey one- way traffic signs, stop at stop signs, and follow all of the state traffic statutes in the state of Florida. 2. Golf Cart The label "golf cart" applies to a wide range of vehicles. A factory golf cart is typically an electric powered vehicle that is designed, and intended to be used, on a golf course. It has a top speed in the range of 12-14 MPH, seats two (2) people, and it is not equipped with seat belts, turn signals, brake lights, headlights, windshield wipers, or other safety devices. However, there are companies that will custom build golf carts and add safety features, increase the speed to 30+ MPH, add racks for carrying equipment, and install coolers/bars. There are also gas powered golf carts, although they are rare. For family transportation to the beach, or for senior citizens going to the store to pick up a few items, a golf cart is certainly more stable than a bicycle loaded down with kids, boogie boards, coolers, and/or groceries. However, on a busy roadway, a golf cart takes up considerably more space than a bicycle. To understand the concern that this creates, one may consider the impact of driving behind a golf cart on Seminole Road. The space necessary to pass a bicycle is considerably less than the space necessary to pass a golf cart. Most motorists have passed bicycles without too much concern. Passing a golf cart would require more space, raise questions relative to passing in a no passing zone, and probably result in impeding the flow of traffic. The State of Florida has requirements for vehicles operating on public streets, but it leaves golf carts up to the local governing body. Safety equipment requirements for golf carts are established by the local government, and most of the requirements are not "standard" equipment on golf carts. If the City of Atlantic Beach decides to allow golf carts to operate on the public streets, then it will be necessary to identify appropriate safety equipment requirements for the golf carts, and there will need to be some form of inspection or certification process to assure that the requirements have been met. In Key Biscayne, the police department inspects and issues permits for all golf carts. Additionally, the golf carts need to be insured. A golf cart can be insured just like any other vehicle, and if they are going to operate in an environment with motor vehicles where accidents and injuries are possible, then they should carry appropriate insurance. AGENDA ITEM #3B APRIL 14, 2003 S 3. Roadway The roadway and the traffic are significant factors relative to golf cart safety. Golf carts on paved roadways are usually approved in private developments with gated access and a golf course nearby. The Jacksonville Golf and Country Club is an example of a neighborhood with limited vehicular traffic, and a country club atmosphere including golfing facilities. In some cities, they have identified specific roadways and subdivisions where golf carts may only be used to and from the residence and the golf course. They do not allow golf carts outside of the specific neighborhoods or for purposes other than traveling to and from the clubhouse. Typically, the golf carts are restricted to secondary streets, and the•golf carts must obey all traffic laws. There are not many cities that have .approved golf carts throughout the public streets. Of the cities that we have been able fo identify, they tend to share similar characteristics. They tend to have low speed limits, limited traffic, and a large proportion of the population is comprised of senior citizens. Key Biscayne, Florida has approximately 300 golf carts that are used on their streets. They have a large senior population and a top speed limit of 20 MPH (with the exception of one major roadway where golf carts are prohibited). Similar communities must also deal with DUI in golf carts, and crashes with objects including trains. In reviewmg the roadways m Atlantic Beach, there are arterial or prunary streets where golf carts would create traffic/safety problems. In addition to the obvious roadways (Atlantic Blvd. and Mayport Road), Seminole Road, Plaza Drive, Eastcoast Drive, Ocean Boulevard, Sailfish Drive, Royal Palms Drive, and South Sherry Drive would not be safe roadways for golf carts, The volume of traffic and the speeds would not be safe for operating a small vehicle with limited safety equipment and a top speed of 14 MPH. Once appropriate streets are identified, the state law requires official signs designating the streets where golf carts are allowed to operate. State Law: The current state law, F.S.S. 316.212 regulates the operation of golf carts on roadways. Essentially, the law allows golf carts on city streets that have been designated by the city for use by golf carts. However, the statute states, "Prior to making such a designation, the responsible local governmental entity must first determined that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street." This statement places a great deal of responsibility and liability on the local government to assure that the roadway is safe for golf carts. In the event of a crash and/or injury, the governmental entity maybe required to substantiate the justifications for the decision to allow golf carts on public streets. Ideally, the AGENDA ITEM #3B AP32IL 14, 2003 City of Atlantic Beach needs someone with the professional expertise to make such a judgment. For the protection of the City and the citizens, a traffic engineer should make this decision. The Atlantic Beach Police Department has officers with expertise and training relative to traffic enforcement. When dealing with vehicular traffic, the Police Department is capable of reviewing statistics and assessing the relative safety of most roadways. However, the Police Department does not have anyone. on staff with the qualifications of a traffic engineer, to perform an evaluation of the safety of a roadway for golf cart use. Even among some traffic engineers, the standards for the safe use of golf carts on public streets, and the application of the state law, appear to be very obscure.. If the City Commission decides to authorize a traffic engineer to provide an evaluation of the selected roadways for golf cart usage, then it should also be noted that the Commission should expect to expand the scope of the traffic engineering services throughout the City of Atlantic Beach. If one area is designated for golf carts, then other neighborhoods are likely to ask for equal consideration. The specific request received by the City Commission, relative to golf carts, identified routes extending from Atlantic Boulevard to Oceanwalk. Summary: From a public safety perspective, there are roadways in the City of Atlantic Beach that may be safe for golf cart usage. A review by a traffic engineer would be advisable before the City Commission takes any official action to identify any streets for this purpose. From a broader perspective, the City Commission will need to determine whether or not the cost of the energy, staff time, and funding to address this issue, is likely to be justified by a significant benefit to the citizens of Atlantic Beach. Before the Commission creates new ordinances, authorizes funding to evaluate roadways, establishes a system for inspecting golf carts, and directs staff to organize this initiative, the Commission may want to compare the costs with the anticipated benefits. BUDGET: Unknown RECOMMENDATIONS: To review this report and provide guidance and direction to staff for any further action to be taken. ATTACHMENTS: Request to City Commission relative to Golf Carts Florida State Statute 316.212 REVIEWED BY CITY MANAGER: • ITEM NUMBER: AGENDA ITER1 #3B APRIL 14, 2003 Request for golf carts to become "street legal" 1.Safety: a. More visible than a bike b. Young children are able to sit in car seats c. "Street legal" carts equipped with: 1. Seatbelts 2.Brake lights 3. Headlights 4.Horn 2. Convenience ~~ a. Surf racks, rod holders and boogie boards can all be attached to the roof b. Getting to Selva Marina, local parks and beach much easier than walking or riding bikes 3. Environmentally friendly a. No gas b. No emissions c. Take up 1/2 the parking space (2 fit side by side in 1 spot) 4. Community friendly a. Social like a bike, only safer b. Everyone who sees them smiles and waves Local golf cart friendly communities report:** 1. Marsh Landing- Stuart Martineau- Assistant Director for Access Control Reports only 1 incident in 9 years. A young girl was in her garage and accidentally pushed the gas pedal and backed into a tree in her yard because she did not know how to stop. No injuries. 2. Jacksonville Golf and Country -Deborah Harrison-Director of Safety Reports no incidences off the golf course in the 4 years she has been there. National Reports 1.Peachtree City, Georgia- Captain Terry Ernst- Patrol Division Commander Non-gated community. 34,000 residents. 9,000+ golf carts. Last year had only 37 incidents- no serious injuries (that's only .004%). **Each person I spoke with agreed 100% that golf carts are more visible and safer than bikes. Atlantic Beach is an environmental and community-minded city-let's take the next step and set an example for our neighboring cities! ...:---~ • % SG~J~cu~~v ~ 1 '~mer~ ~. AGENDA ITEM #3B , APRIL 14, 2003 i ,b 00, t ~ rw~y,ENs CuP Gr N! q y'.. _ _ . , -- _ _ + ~r ~ ~ pj~~oP ~ .,~ari~us ~e P Or ~`Po '~`'t~~,'.~"""` ~~e~~~~ .;, aoan 5r.aera Dr ;'o. d ~`,~ ) C~ ru,xw ~ t °~;:7' , 77~ ;cagy r ,P's~ Dr If '~ .. :~ - ~"~}O'r "~i, av a` ~~ C!~~~1~' Q~~; A.- ~:~ ~'mi pf9 Roech Dr p i3 ~ 9 (' ....~ :. ~e C~ ~ A p G d u k ~ : ~}~,,. O }; '.'p..,[ ' ':~ `"' er s~so Dt ~ ~ Ocean ' ' ~ ~y Maori CrpSS,~g 91vd. ~ v .; ~ r tl~ 7 ~~ ~- ~r +., "~ ~»C - ~ ~~ ~ ~ ~_~ r_7 t.~. ~'~4' _ ~• - - ~.._-! . • !~un ' Deerfield ~ 'fib©eF ~~b~~ i w,.,._ Or ~v a~ ~'~ s~n ~'xrm6.r(y.~~ " 351st ~La~;es ?T. ane 91~ a'~ '' ~ pf .Fleet ~ 'Vela ~`'~"°.'`'~C,. 9 ~;4 • ess La~ n~i g C~ ;,~~aG~?- L~r~7in9~ ~~f n'~ :~~ ~`~v ~ ~ -~'S 4 ~ ~ . ~ye4~ . C~ ,~~ E ~-Q.th ~ ~ ,+`~" ?.y~ N~gafe Lh +. • Asa Cove Ct E O` ~ ~'`~ ~ a ~ • ~w Cnve Ct E r~ ~5;~eA:~c ~QCAC~s Ct t ~ u` f~.'9~ta:p(, r 'a` ~: . ' . t Landing Dr p .,^ • '" s Cr 1 a . . ~, ro ~ "" $elVa .. 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"Y. `~ryM,~~, `;q ~ ~ `' _.~'dcM~C1'r ~n~~h'Sfree u ~ t ".~ G9 onttaR ~j;P ~~Q~k 9ttt5t ~' ~ ~ ~• j^ rye, ' ''-~.-.., rt v '.,~ ~ p. r ~~ .. ,v~Mj .' t ~N ~$?Q ~ ~~. I~ If~Z~ h t L III n <~ ~ ~ • ,x,;~ ~ ~ ed(~tt; Qr iiP ;fi a~ . uzer~e 8trf1;$;test, ~ ~'~ ~ ' ~~ '7~ ~q ~ ~~ ' ~. t ~ {~ abUv ~s ~~ '~ ?eve; BEh~kr~~ , ~ ~ ! • • '~ ~ • ~ ~°/ ~ ~ s ~~~ ~h C,,'i{dot" ~"~'. ~~ ~"' v Q1L `~ V@ . ice'. C"~. ` eGf)r7~..tT t: ~ ~ CCU' $ICR7~i~~ .#'' a a ~~r! SEre; ~ ~ ~ ~, 1 - a ~ r. ~ ~ - `' ~, ~. ~ ~ . fi ,? s~ ~~ ;;', i3E,$~'L'.19 ty ~. aisBpnald St ~~ r ~ ~~ , AGENDA ITEM #3B Administrative Services APRIL 14, 2003 GOLF CART ORDINANCE (SEC. 19) Registration Required Carts must be registered at City Hall (770-487-7657) within 10 days of the date of purchase. Two decals shall be issued upon registration and shall be affixed to each side of the cart in such a manner as to be fully visible at all times. The registration fee shall be $10. An additional annual registration/user fee of $60 shall be imposed to non-Peachtree City residents. If a citizen purchases a golf cart that is registered in someone else's name, the registration must be transferred to the new owner within 10 business days at a cost of $5.00. A $20 penalty will be applied~in addition to the $5 transfer fee if the registration is not transferred within 10 days. Gasoline carts may not be registered unless inspected and certified by a Peachtree City golf cart dealer. Gasoline carts must be recertified every two years or registration shall be void. Certification must state the exhaust system meets the following standards: a. The exhaust system includes the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and exhaust pipes or include any and all parts specified by the manufacturer. b. The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken brackets or hangers. c. The engine and powered mechanism of every cart shall be so equipped, adjusted and tuned as to prevent the escape of excess smoke or fumes. CARTS MAY BE DRIVEN 8Y: • Persons 16 years old or older. • Persons 15 years old - if~accompanied in the front seat by a person at least 18 years old who holds a valid drivers license. • Persons 12, 13 ~ 14 years old - if accompanied in the front seat by a parent or legal guardian who holds a valid drivers license. • No person under 12 years of age may drive a cart. All operators must abide by all traffic regulations applicable to vehicular traffic. Where cart paths exist they must be used in preference to parallel city streets with the exclusion of those cart paths privately owned and maintained by the golf courses. Carts driven at night must be equipped with functional headlights and tail lights. Carts are not alto wed on or across Hwy 54, Highway 74, Peachtree Parkway or Crosstown Road except where authorized crossings are provided. http://vaww.ptcgovernment.org/adminsvcs/ 3/6/2002 Administrative Services PENALTIES: • First Offense - a fine not less than $250 plus court costs • Second Offense - a fine not less than $500 plus court costs • Third Offense - if committed within one year of second offense, a fine not less than $1,000 plus court costs, and golf cart registration shall be revoked for a period of two years.' SPECIAL RULES FOR RECREATION PATHS: 1. The following is prohibited: a. racing of any form, expect for special events approved by the city; b. blocking of public access, except for special events approved the city; c. automobiles, trucks, motorcycles, motorized street/trail bikes, mini-bikes mopeds, horses, go-carts; and d. loitering on bridges or in underpasses. 2. Normal rules of the road shall apply to the recreation paths. For instance, when approaching oncoming path users, each user shall move to his right side of the path. Passing shall be on the left side of the path. 3. Pedestrians should be given due. consideration and reasonable right of way by other users of the recreation paths to ensure them safe passage. 4. A warning or announcement shall be given by operators of golf carts, bicyclists, and skaters when approaching pedestrians from the rear. 5. All laws and ordinances relative to alcohol, including open container laws, which apply to traffic on the streets shall also apply to the recreation paths and will be strictly enforced. 6. Litter shall be deposited in receptacles provided along the paths or retained by the user for proper disposal later. Littering on the paths shall be subject to twice the fines and penalties as tittering on the streets. Citizens may want to consider purchasing liability or property insurance for their carts; however, this is not required by ordinance. Volations in progress of the Golf Cart Ordinance, including reckless driving, underage operation, and dangerous situations should be reported by dialing 911. The non-emergency number for the Police Department is 487-8866 (Monday through Friday, 8:00 AM - 5:00 PM). Copies of all City Ordinances are available for review at City Hall or at the Library. If you have any questions, you may contact the City~Clerk at 487-7657. Garage Sale /Yard Sale Signs • Must be acquired at City Hall and cannot be placed on any public highway, orwithin two hundred (200) feet of State Highways 54 or 74 on any roads that intersect the AGENDA ITEM #3B APRII.14, 2003 http://www.ptc~overnment.org/adminsvcs/ 3/6/2002 AGENDA ITEM #3B y ~ ~ <''' ~ ~ ~" ~' "'~ n. ~ n ~ o ~ O ~ APRIL ]4, 2003 ~. ~, r ~ ~ ~~ ro~ Gad '~ `" ~ c ~ O'b ~ ~ ~ o °e •a o 9 t" ~-. .-. ~ ~7 ~ yy O ~. ~ ~ n'1 V] ~ Y J ~7 !~., ~ ~ ° 3.< °t, 5 Cod r-o o ~; Li ~ ~ M ~ ``~ `'C ~] ~.J O -~ C7" ~ n y n »,oo .» ,r c ~ ~ ~.v0~ 0.° ~~ob 0 0 ,may ~ lb, b ~ 1b,, lb,, ~ ~ <r lJ '~ ° ^ C ~ n ~ '"x"'1'00 ~y~" C~!] n~7 ~ ", ~ `~, ~ `+, ~ `O y .p ~ `~ A 0. t1 p ~ A Fi ~G' .+ ~ ~ ~ V ~~~ao. y ~'~aCy ~ ~ ~ b~b0~~ N ~ < ~ ~ vJ avb ~~ ~ H <xyo oaf ~~ ~ ~ a~ b^^~ .... ~...,-... ~ ~ .0 .0 ~ ~ ~ •`--: ~'• -d n •vv ~ v~~ ~ ~v ~ ~iv0v0 ~' ~v 0. 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S3 ~ ~ ~ ~~~ ~ a: ~°~ .a 0.C d p,- ~~jy ~ '~v ~.+ < ° r~ a ~ ,~ o p. ~ ,~y ~' G. n ~ ~n ~q ~• ~ M r-,• Q .r7' < ~ '=7 ~ ^ n n 't1 ~• ~' fn OV d A 0. rT ~ n w 0 ~ ~ F°• ~ y Gg ~ ~ ~~ ~~_ ~ ~ 3 ~ ~pt„'n°o°' ~ aO oi°O~.°~ ~~~`~'~.fln -°~q'a~~+° ~ ~a,c"i ~ ~ ~ ~~ ° C7~ ~ o ~ c O ~ o n ~~ ~~ ~ o C ~. ° w o ~ ~ c ~... ~.o ~ ~•v ~ C7 H C7 ~. o` 'v .w'n g ~ ~ a cn o ~, ~~j- a. o c o< ~ < ors ~~ ~ bn "~ ~ ~n ~ ~ ~ ~. g o cr n w n G~ 9 ^ ~ ~' ~ oo ~ ~ ao .T b .'1 ~ ~ `t ~ ''170' 0. n "'^ ~ C7 !~ ~' f(~~i'~ per' ~ ~~i t"J' ~i ~i ~ O, p 0. ~ ~ d ro0. p. ~+ ~• C. 0 °• JC' .~.j ~ ~ f1 C ~ G0 ,~ XFa71"'J O P? ~ s Ps ~ ~ ~ ~ G. o°o ? .a ~ w o ~^ Q statutes->View Statutes: flsenate.gov AGENDA ITEM #3B APRIL 14, 2003 X laformRtton Lobbyist flsen~ate.gov Welcome ~SeSS#oe ~Commrttees~Seaetors '~„~onter ~ ~ ~ laignnat~on! View Statutes Search Statutes Constitution Laws of Florida Order Select Year• 2002 ' ~ _',Go'; The 2002 Florida Statutes Title?OCIII .Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.212 Operation of golf carts on certain roadways.--The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or city street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuarit to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or th,e road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Any other provision of this section to the contrary notwithstanding, agolf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the http:/Iwww.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App_... 3/27/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #3I3 APRIL 14, 2003 entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), or subsection (4), or as a nonmoving violation for infractions of subsections (5) and (6). History.--s. 2, ch. 83-188; s. 1, ch. 84-111; s..2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96- 413; s. 168, ch. 99-248; s. 7, ch. 2000-313. Welcome • Session • Committees • Senators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverif=ied. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement • ~J http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App_... 3/27/2003 Attachment D CITY OFATLANTIC BEACH CITY COR'INIISSION STAFI+' REPORT AGENDAITEM: Proposed amendments to Subdivision regulations SUBMITTED BY Sonya Doerr, AICP r' Community Development Director DATE: Apri102, 2003 BACKGROUND: Attached is a strikethrough draft of proposed amendments to Chapter 24, Article IV, the City's Subdivision regulations. (My cormnents or explanations are provided in bold, italicized print.) The proposed changes were considered by the Community Development Board at their March 18, 2003 meeting, and a unatumous recommendation of approval is forwarded to the City Commission. The proposed revisions do not significantly change the review and approval process for Subdivisions, but they do consolidate duplicative sections that are in the current regulations, and require some additional information to be submitted in accordance with other changes to the Land Development Regulations, State laws and Florida Building Code requirements. The most significant changes are additional provisions, updated language, definitions, and clarifications, which are intended to address development concerns and issues where inadequate or outdated regulations currently exist. These amended and new provisions are summarized as follows. • Section 24-187, pa~~: This section establishes a clear definition, in accordance with Florida Statutes, of Subdivision and Improvements within a Subdivision. • Section 24-188, page 2: This section establishes when the filing and approval a formal Final Subdivision Plat or a Replat is required • Section 24-189, ~a>;e 3: This new provision is intended to address the issue of illegal lot divisions, and requires that a Certified Survey•be subntted to and approved by City staff for the purpose of verifying that: both resultant lots meet the minimum 7500 square foot lot size; proper access is provided; no nonconforming structures will be created by the division, and that any other Land Development Regulations applicable to the property division are met. This section provides an exemption for the formal platting procedure for such two-lot property divisions, but requires approval of the survey to verify that the lots meet all requirements, prior to recording of a deed and prior to issuance of a Building Permit. The approved survey is to be recorded as an addendum to the deed, and a copy of the approved survey will be maintained in City records, .and must be submitted with any future application for Building Permits. This section also addresses townhouses that are divided in ownership. • Section 24-190, pale 3: This section addresses a problem staff has encountered numerous times, w here s everal 1 ots have p reviously b een b wilt u pon a s a single p arcel, a nd p roperty owners later wish to sell one of the parcels, but required setbacks cannot be provided on the adjacent parcel. • Division 2, paw: The current regulations contain a great deal of redundancy describing the review procedures. There are no substantive changes in this process, but Division 2 has been consolidated into a more concise explanation of the Subdivision application and review 04-14-03 regular meeting AGENDA ITEA1 #8D APRIL 14, 2003 process. (Much of this process and flee requirements for a preparation and recording of a Final . Plat are set forth by Chapter 177, Florida Statutes.) • Section 24-251, pane 18: The requirement for Habitable Space to be constructed at a minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea Level is set forth in paragraph (c) of this section. The Building Official has long enforced this requirement based upon FEMA regulations, but it is not currently enacted by any local ordinance. The recently adopted revised stormwater regulations are also referenced in paragraph (e) of this section. • Section 24-252, pave 15: The City construes the current regulations to require that a developer must design, construct and pave and Streets in accordance with City standards, and also provide access to paved streets. The revised language of paragraph (c) unequivocally sets forth this requirement. The requirement to provide for continued maintenance of private streets is also established in paragraph (d). • Section 24-253, pale 2l (fl: This provision prohibits the closure ofbeach access easements in support of various Comprehensive Plan policies. • Section 24-256, pale 22: The Comprehensive Plan references required recreation, but there is currently no standard to quantify how much recreation area is required in new subdivisions. This provision establishes a minimum one-acre of recreation area for proj ects ten acres or more in size and requires 50% of that land to contain active recreation facilities. • ~ Sections 24-259 and 260, pale 23: The current regulations require central water and sewer for all new Subdivisions, which again, are defined as any development or division of more than two lots. Section 24-260 addresses those new lots that might be exempt from the definition of a Subdivision, and requires these to be at least one-acre in size if a septic tank is to be used, and .also requires connection to central services if available within 100-feet of the lot. While it may not be legally defensible to outright prohibit septic tanks, those areas which are not currently served by central sewer are some of the more environmentally sensitive areas of the City. As required by the Comprehensive Plan, the use of new septic tanks should be limited to the extent possible. RECOMII'IENDATION: Establish dates to hear and enact proposed revisions to Subdivision regulations, with first reading on April 28, 2003, and final reading and public hearing for May 12, 2003. ATTACI~NTS: Strikethrougls draft of proposed amendments to Chapter 24, Article IV, Subdivision Regulations and minutes of the Community Development Board meeting recommending approval of the proposed revisiol REVIEWED BY CITY MA.N~ • 04-14-03 regular meeting Strikethrough draft 04/02/03 ARTICLE N. SUBDIVISION REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and Intent. AGENDA ITEA'I #8D APRIL 14, 2003 The public health, safety, comfort and welfare require the harrnonious, orderly and progressive development of Land. The ~di~isien~propriate and lawful division of Land is a vital step inthe the progress of the community's development. Once Land has been shaped into Lots, blocks and Streets, correction of defects is costly and difficult. Substantial public responsibility is created by each new s~rbdivisierr,Subdivision, involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of additional public services. ~sIn that the general welfare, health, safety and convenience of the community aroma directly affected by the Use ef~an~is-sand division of Land, ^••'~uv~ivrrit is in the interest of the public that ~nsDevelopment be designed and ~levelepedconstructed in accordance with sound rules and propene standards. The purpose and intent of this Article is as follows: (a) To establish reasonable and equitable standards of ~•~~iea design and procedures for the e~tbdi~isiendivision acid Development of Land that will encourage stable communities and the ~~~i~:-af healthy living environments, and which preserve Environmentally Sensitive Lands and the natural beauty b b ~featttre~of the City of Atlantic Beach. . (b) To ensure that public facilities, utilities nr~~~ni'~'~-andand infrastructure will have a su~cienteapa~ili capacity to serve the residents of Land proposed for Development and to ensure that adopted Level of Service Standards as established by the Comprehensive Plan are not diminished; (c) To present rp event traffic hazards and to require the provision of safe and convenient vehicular and pedestrian traffic circulation in Land developments, having particular regard to the avoidance of congestion in the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and Buildings, and to provide for the proper location, width and design of Streets; (d) To coordinate the€ur~s}-ems establishment of Streets, drainage and utilities in an orderly planned manner to ,ensure protection of the environment and pr~e~ien-efto promote the general welfare of the City; (e) To enhance protection from fire, flood and other dangers; (f) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and congestion of the population; (g) To ensure proper legal descriptions and monumentation of subdivided Land; (h) To prevent or reduce the pollution of air, streams and ponds; to ensure the adequacy of drainage facilities; to safeguard the water tahle;guality and resources; and to encourage the wise Use and management of natural resources throughout the jurisdiction of the City in order to preserve the integrity, stability and beauty of the community and the natural value of the Land; (i) To provide for Open Spaces and recreational areas through the most efficient design and layout of the Land; Strikethrough draft 04/02/03 AGENDA ITEM #8D APRIL 14, 2003 (j) To guide the future growth and development of the City of Atlantic Beach, in accordance with the Comprehensive Plan, this Article and the requirements of these Land Development Regulations. ~~ Sec. 24-187. Subdivision and Subdivision Improvements defined. (a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into three (31 or more Lots or Parcels, which may include establishment of new streets and alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three ~3~ or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and butters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, suns, street lights, landscaping, permanent reference monuments (P.R.M.s), permanent control points (P.C.P.s), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24-188. .Requirement for approval and recording of a Final Subdivision Plat or a Replat. ,~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 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. (]) The division of any Lands will create three (3) or more contiguous Lots or Parcels. 2) The division of Land, or the Chan e~ to a previously recorded Plat, Platted Lot or Lot of Record, which will alter any access point, other than a private driveway, change a Street as shown on a recorded Plat, or chance any area dedicated for shared public use, recreation, Open Space, Bufferine, Easement or designated for preservation. , b ~ ' 7 ' b b Strikethrough draft 04/02/03 AGENDA ITER? #8D APRIL 14, 2003 b ~ b area. Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdi~dsion Plat or Replat. (a Building Permits maybe 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) continuous Lots or Parcels. ~2) The resultant new Lots, com~y with the Minimum Lot Area, Width and Depth, and access requirements of the applicable 7onina District, the Comprehensive Plan and al] 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 Nonconformin characteristic. 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 Cit, ay nd aRproved 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. fib) Townhouses and residential Dwellingss held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requinng approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical . difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes • an undue hardship to the Applicant if the strict letter of the Article is carried out. 3 AGENDA ITEM #8D APRIL 14, 2003 Strikethrough draft 04/02/03 (2) The granting of the waiver will not be injurious to the other adjacent property, (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of Article III of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. Sec. 24-192. Vacation of Previously Recorded Subdivision Plats. An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat.bya written application to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall require approval . by resolution of the City Commission, and such vacation shall be approved only in accordance with b .Chanter ]77.101, Florida Statutes. Secs. X0:24-193. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. (al Unlawful division of Land. It shall be unlawful for an erson to submit a Plat Re lat or Certified YP ~ P , Survey as required by Section 24-189, for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the ~s-such has been approved in accordance with the provisions of this Article. 'b , ' b f f , In the event that an unapproved Final Subdivision Plat, Replat Certified Surve as required by Section 24-189, or any division of Land, is recorded, no Building Perrnit or other type of permit authorizine any Development shall be issued until such division is approved in accordance with the requirements of this Article. {b) No Final Subdivision Plat shall be approved and no Building Permit shall be issued in the case that Development of such Lands will result in a deficiency in the adopted level of service standard for any public facility as established by the Comprehensive Plan. . Sec. 24-202. Plat Review and Approval Procedure. Tl:e below is duplicated in two sections of tl:e current regulations. There are no cuhctantive changes to tl:e review and approval process, but the two sections are now cnntbined in following Sections 24 203 • thrnu~ h 205. 4 Strikethrough draft 04/02/03 AGENDA ITEA~I #8D APRIL 14, 2003 b 7 b ".' . b b , .The requirements of each of the following reviews shall be met prior to the recording of a Final Subdivision Plat or Replat, and prior to the issuance of any Building Permit. Scc. 24-203. Stage I Review: Concept Plan and information required for review. (a) P~:c~ed-st~r~ittals: b f b f ~ be o i1:~Sef2t$tNc+~ ~ e f ~ .Purpose and Intent. The Concept Plan Review provides for administrative review by the Planning and Zoning, Buildin ,Utility and Public Works Departments, and other City staff as may be appropriate. Seven (7) copies of the following information shall be submitted along with_any application form and the established review fee. (A Concept Plan Review shall not be required for previouslLapproved Planned Unit Developments.) (b) Information required for review. (l) The name, address and contact information of the property owner of record, and proof of ownership. (2) The name, address and contact information of the developer or any authorized agent(s) accompanied by proper owner's authorization. • AGENDA ITEM if8D Strikethrough draft 04/02/03 APRIL 14, 2003 (~ A current Certified Survey and le al desc~tion. (4,~A proposed conceptual site plan superimposed upon a boundary surve~epicting each of the following. i. Location and width of all Street Right-of--ways; pavement width and curb detail. ii. Name and Right-of--way width of all existing Streets , adjoining proposed Development. > > iii. Sidewalks, pedestrian pathways and connections to any sidewalks~outside_ of the proposed Development. iv. Lot layout with Lot dimensions. v. Any existing and proposed Easements. vi. Anv natural features including Environmentally Sensitive Lands, lakes, Wetlands and estuarine environments, natural or manmade waterways or waterbodies, and any deli ~n~ ated Floodwavs. (b) Review process. Upon receipt of , a complete and proper application containing all above required information, copies of the Concept Plan shall be distributed to appropriate departments for review and comment. Review comments shall be provided to the Applicant in writing within fifteen (15) days of receipt of the complete and proper application. b . b {~j- c Time limit. Comments provided b ~n~as a result of the Concept Plan Review shall remain valid for a period of six (61 months. In the event that a Preliminary Plat is not. submitted to the City within this period of time, a re- submitta] of the Concept Plan and review fees shall be required. Sec. 24-204. Stage 2 revierr~:-Review: Preliminary Plat and information required for review. • Strikethrough draft 04/02/03 AGENDA ITEM #8D APRIL 14, 2003 (a) Purpose and Intent. The purpose of the Preliminary Plat review is to determine that comments resulting from the Concept Plan review have been addressed and to determine compliance with the requirements of Chanter 177, Part I Florida Statutes the Comprehensive Plan and these Land Development Regulations prior to approval of the Final Subdivision Plat or Replat Eleven (] 1) copies of the following information shall be submitted to the Cit along with the an~pplication form and the established review fee. fib) Information required for review. (1) A statement addressing how any ~ comments resulting from the Concept Plan have been satisfactorily addressed. Failure to fully address such comments may result in additional review time or rejection of the Preliminar•~Plat. (2) The Preliminary Plat shall be drawn at a clear and lefiible scale and shall be prepared in accordance with the requirements of Section ] 77.09] Florida Statutes and shall further demonstrate compliance with this Article and applicable requirements of these Land Development Regulations. The following information shall be depicted upon the Preliminary Plat. i. Title block. The title or name of the proposed Subdivision, the name and address of the owner of the tract proposed for Development, and the name and address of the engineer and surveyor engaged to prepare and design the Preliminary Plat. ii. Legend. Date, scale of Plat, north arrow, eu~r~;zonin~desi ation, total number of Lots and minimum Lot size. iii. Legal description. A full and detailed legal description of the Lands to be platted and approximate acreage. iv. Vicinity map. A vicinity map, at scale, showing the proposed Subdivision in relation to the abutting Land Uses and Streets. v. Abutting Subdivisions. All contiguous properties shall be identified by Subdivision title, Plat book and page number, or if un-platted, the adjacent Land shall be so designated. vi. The location and proposed name of Streets, Right-of--way and pavement widths, both within and immediately contiguous to the Lands included in the Plat. vii. n••'~-~~pen-~eeExisting and proposed public or private Open Space Buffers nand atural and man-made lakes, waterways, water bodies, Wetlands and Environmentally Sensitive Lands. ~z~~ • '~'-~~ ~~ ~----~ ~- viii. Existing and proposed public and private Easements shall be shown on the Plat. The purpose for the easement shall be neted;noted on the Plat. ix. Parks and recreation dedication. Lands and approximate acreage to be dedicated pursuant to the requirements of this Article. 7 Strikethrough draft 04/02/03 AGEn'DA ITEM #8D APRIL 14, 2003 ~i:x. Dedications and reservations. All parcels of Land proposed to be dedicated or reserved for public Use, such as roads, easements, parks, sidewalks, bike or pedestrian trails shall be indicated on the Plat. Proposed Right-of--ways and Street names shall be noted: xi. The nronosed Lot Lines, with approximate dimensions and Lot numbers -'-~"'-~ ~'~~• xii. Topography. Contour intervals of one (1) foot, except where determined to be unreasonable by the Director of Public Works. (~?~ Preliminary engineering drawings. Eleven (11) copies of preliminary engineering drawings shall be submitted to the Community Development Director for distribution and review by appropriate City departments. Preliminary engineering drawings shall depict the following: i. Water system lines and support facilities; ii. Sewer system lines and support facilities; iii. Stormwater and drainage facilities, easements and other features; iv. Bulkheads; v. Street profiles; vi. Sidewalks, bicycle paths and pedestrian paths; vii. Excavation and fill areas inc]udin~ any impacted Wetlands. (bc) Review process. Upon completion of review by City departments and verification that the proposed Plat is in general compliance with applicable land development regulations the proposed Subdivision shall be placed on the agenda of the next meeting of the Community Development Board for consideration and recommendation. The Community Development Director shall provide to the Community Development Board all relevant information concerning the proposed Plat including comments from all reviewing departments, officials or agencies. The Community Development Board shall make a recommendation to the City Commission to approve the application, deny the application, or approve the application subject to specified changes based on a consideration of the requirements of these Land Development Regulations, the Comprehensive-Plan and other conditions which maybe unique to the Land proposed for Development. b Fces have nrevinuslV been estahlished by ordinance (d) Time limit. An approved preliminary Plat shall be valid for twelve (12) months. If the Applicant has failed to obtained Development Permits, has not been granted an extension by the City Commission, or received fmal Plat approval within twelve (12) months of preliminary Plat approval, the preliminary Plat approval shall expire, and the Applicant must re-apply under the provisions of this Article. (e) . b• b b .b f 8 Strikctlirough draft 04/02/03 AGENDA ITEM #8D APRIL ] 4, 2003 . It shall be unlawful to construct any improvement without approval of a Final Subdivision Plat and issuance of a valid I~evelePi~eat Building Permit authorizing Development. The nllnwin,~"striketlrrnual:" section is not deleted, but ratl:cr relocated .. . b b f 7 f ,,f ~ b • ~ b "' b ~ s ~ b b f 7 • ' b s f 7 ~ b ~ • 7 f • Strikethrough draft 04/02/03 AGENDA ITI:AZ #SD APRIL 14, 2003 b b 7 b ' 7 f , b s > > f r ,.,. ,.r.~, nt,. + b 7 b ! 7 f 7 f , , (3) , • 10 AGENDA ITEb1 #8D Strikcthrough draft 04/02/03 APRIL 14, 2003 Sec. 24-205. Stage 3: Final Subdivision Plat review and approval (a) Purpose and Intent. The purpose of the Final Subdivision Plat review is to ensure that the proposed Final Subdivision Plat meets all requirements of Part I, Chapter 177, Florida Statutes, all requirements of these Land Development Regulations and other applicable regulations prior to approval by the City Commission and prior to recording. For a period of twelve (121 months after approval of the ' Preliminary 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 Plat 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 (181 by twenty_ six (261 inch Mylar or as required for recording in the Official Records of Duval County The Final Subdivision Plat maybe 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. ]n addition, the following shall be included in the submission. i. Boundary Survey and Title 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, Easements, Right-of--ways, parks, recreation amenities, Omen 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, cable television lines, gas lines and any other public utility service lines and appurtenances located within the tract prior to recording. • 11 Strikethrough draft 04/02/03 AGENDA ITEM #8D APRiL 14, 2003 v. Anv special conditions, including Building Restriction Lines that may exceed the Zoninfi D~stnct 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 thirt~(301 damschedule 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. The City Commission, after considering all comments shall approve, deny or approve subject to specified conditions the Final Plat for recording, based upon compliance with the required certifications and security requirements and with the other requirements and provisions of this Article and other applicable policies ordinances laws and regulations 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 shall 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 all public Improvements shall occur upon the submission to the City Commission of a valid Certificate of Completion as provided for in Section 24-235 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 Final Subdivision Plat shall be provided to the Ci Sec., 24-206. Construction Plans and Building 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 Plans for Subdivision Tmprovements as required by this Article until the Final Subdivision Plat is approved and recorded, or before anv required Performance Bonds or other assurances are secured. The Construction Plans shall provide security required for the performance of such construction. Once 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 the requirements of this Article for the construction of roads, sidewalks, bikeways, drainage and stonnwater management facilities, utilities, Lot filling and other Improvements as required by this Article, including a master drainage map and subsoil investigation report. All Construction Plans shall be designed, signed and sealed by a professional engineer who is registered in the state of Florida. Appropriate reviewing Departments shall review Construction Plans for conformity with the design of the approved Final Subdivision Plat, the construction specification requirements of this Article and any other applicable State, Federal and local Land Development Regulations. Permits from anv other State or Federal iurisdiction having_pennittin~ authority shall be obtained bathe Developer and provided to the City prior to issuance of a Building Permit 12 AGE1~'DA ITEM #8D Strikethrough draft 04/02/03 APRIL 14, 2003 (c) Sewer and water commitment. The Applicant shall provide to the Utility Director written confirmation that the utility has approved the plans for the sewer and/or water system in the • Subdivision. (d) Certification of Permanent Reference Marker location. Prior to the issuance of a Building Permit, the Applicant shall submit to the designated Administrative Official a certificate from a professional Land surveyor registered in the State of Florida that a concrete Permanent Reference Marker has been located in the public Right-of--way at a comer point of the Subdivision near the entrance way of the proposed Subdivision. The Permanent Reference Marker shall be identified on the Final Subdivision Plat as the master survey point for the Subdivision and shall be used to establish the grade level for all Improvements in the Subdivision. (f) Issuance of a Building Permit. After approval by appropriate reviewing Departments, the Building Official shall issue a Building Permit for the construction of the required Improvements in accordance with the approved Construction Plans, the Final Subdivision Plat and the requirements of this Article. The Building Permit shall be posted by the Developer in a conspicuous place in the open at the 'construction site. ~ Term and expiration of Buildine Permit A Building Permit issued in accordance with this Section shall be void and expired if construction does not commence within one hundred and eighty (] 80) days of issuance of said Building Permit Upon written request to the City Commission and upon findme that the Developer has demonstrated wood cause the Commission may authorize the Building Offic~a] to extend the Building Permit for a definedperiod of time (h) Unlawful to construct without a Building Permit. It shall be unlawful for any person to construct any Improvement or any part of an Improvement within the Lands that are part of a Subdivision or a Site Plan without a valid, unexpired Building Permit issued under the provisions of this Article. Any . person found guilty of violating this section by constructing an Improvement or any part of an Improvement within the Subdivision without a valid Building Permit shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) per day, or imprisonment for a term of not more than sixty (60) days, or by both fine and imprisonment. Each and every day that a violation exists shall constitute a separate offense. Secs. 24-207. through 24-220. Reserved. DIVISION 3.. REOUiRED IMPROVEMENTS Scc. 24-221. Generally. Each Subdivision shall contain Improvements designed and constructed according to the requirements and specifications of this Article, the Comprehensive Plan, and applicable policies, regulations and ordinances of the City and laws of the State of Florida. The following services and. facilities shall be required Improvements within Subdivisions. (a) Streets designed and constructed for according to the standards and requirements of this Article. (b) Sidewalks designed and constructed according to the standards and requirements of this Article. (c) Approved Street signs with block or address range numbers as provided for in Chapter 6 of this Code, markers, traffic signs and signals to control and circulate traffic within the Street pattern within the 13 Strikethrough draft D4ID2/03 AGENDA ITEM #8D APRIL 14, 2003 Subdivision in accordance with the Florida Uniform Manual of Traffic Control Devices, published by the Florida Department of Transportation. (d) Drainage and stormwater management facilities designed and constructed according to the standards and requirements of this Article. The term "drainage," where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, cross drains and canals. (e) A sanitary sewer system or an approved individual sewage disposal system in the absence of access to a central sewerage system, based on the requirements of the State of Florida covering the sanitary facilities for Subdivisions, the provisions of this Article or other applicable policies, laws, ordinances and regulations. (See Section 24-260.) (f2 A centralized water system, unless an individual water supQly system is pern~itted, based upon the required standards of the State of Florida, the provisions of this Article and other applicable policies, laws, ordinances and regulations. (g) Parks and recreation dedication, as specified in this Article. (h) Electricity, telephone, gas and other utilities shall be constructed underground as specified in this Article and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation. (i) Such other Improvements as deemed necessary to comply with the requirements of this Article and to protect the public health, safety and welfare because of topography or other conditions of the tract. Sec. 24-222. Planned Unit Developments (PUDs). For Development of a Lands as a Planned Unit Development (PUD) in accordance with the provisions of Article III, Division 6 of this Chapter, the City Commission shall have the right to waive or vary the design, dedication and construction requirements of a Planned Unit Development, or from any of the provisions of this Article if the proposed final development plan is in conformance with the requirements of Division 6~and further provided: (a) Such waiver does not violate the purpose and intent of any requirement of this Article for the .protection of the public health, safety and welfare in the subdivision of Land; (b) All procedures specified in this Article for the approval of a Final Subdivision Plat for recording or the issuance of a Certificate of Completion, as the case maybe, are strictly adhered to; and (c) All exhibits, certificates and information, required in this Article for the approval of a preliminary and Final Subdivision Plat and the issuance of a Certificate of Completion, are strictly adhered to under the applicable procedure. (d) No waiver shall be granted to vary minimum Right-of--way and paving width requirements. Secs. 24-223. through 24-230. Reserved. • 14 • • • Strikethrough draft 04102/03 DIVISION 4. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS Sec. 24-231. Commencement of construction. AGENDA ITEM #8D APRIL 14, 2003 Construction of the required Improvements within a Subdivision may begin upon issuance of a Building Permit. Further, such construction may commence only after recording of the Final Subdivision Plat, and only after any required Performance Bonds or other assurances.are secured. Sec. 24-232. Performance security. (a) The Final Subdivision Plat shall be certified by the developer and countersigned by the designated Administrative Official that the developer has complied with one of the following alternatives. (1) Cash Deposit. The developer shall deposit with the City or place in an account subject to the control of the City, cash in the full amount of the total sum of engineering and construction costs for the installation and completion of the required Improvements. The developer shall be entitled to secure draws from such deposits or account as installation progresses at stages of construction established by the designated Administrative Official but not more frequently than monthly. A draw from the cash deposit or account shall be made only within thirty (30) days after the developer's engineer has certified to the City that the cost of Improvements installed equals or exceeds the amount of the draw requested plus any previous draws made and the designated Administrative Official has inspected the Improvement and authorized the draw. The City Commission shall have the right to reduce the amount of any requested draw to an amount justified based upon his inspection of the Improvements and shall also have the right to refuse to approve any requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the Plat or plans and specifications for the Improvements. The developer shall be entitled to receive any interest earned on the deposit or account. The City, after sixty (60) day's written notice to the developer, shall have the right to use the cash deposit or account for the completion of the Improvements in the event of default by the developer or failure of the developer to complete the Improvements within the time required by the resolution approving the Final Subdivision Plat and after any extensions granted have expired. (2) Personal Bond with Letter of Credit. The developer shall furnish to the City his personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to the total of engineering ~ and construction costs for the installation and completion of the required Improvements, which letter of credit shall be issued by a State or United States banking institution to the City. The letter of credit shall be in the form approved by the City Attorney. During the process of construction, the City Commission may reduce the dollar amount of the personal bond and letter of~credit on the basis of work completed. The City, after sixty (60) day written notice to the developer, shall have the right to use any funds resulting from drafts on the letter of credit for the completion of the Improvements in the event of default by the developer or failure of the developer to complete such Improvements within the time required by the resolution approving the Final Subdivision Plat or and after any extensions granted have expired. (3) Surety Bond. The developer shall furnish to the City a Surety Bond in the form and by a surety approved by the City Attorney guaranteeing that within the time required by the resolution approving the Final Subdivision Plat, all work required shall be completed in full accordance with the Final Subdivision Plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bond agreement. The bond shall be in an amount equal to one hundred (100) percent of the sum of engineering and construction costs. During the process of 15 Strikethrough draft 04/02/03 AGENDA ITEM #8D APRIL 14, 2003 construction, the designated Administrative Official may reduce the dollar amount of the bond on the basis of work completed. The City, after sixty (60) day's written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the Improvements in the event of default by the developer or failure of the developer to complete such Improvements within the time required by the resolution approving the Final Subdivision Plat and after any extensions granted have expired. (b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above one (1) or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a maturity or expiration date later than the established time for completion of Improvements.' The time for,completion of Improvements shall be as specified within the resolution approving the Plat, or such later time as may be approved by the City Commission; provided, that if the collateral securing the completion of Improvements has a maturity or expiration date shorter than the time for completion, the time for completion shall be deemed to expire upon failure of the developer to extend, renew or provide substitute collateral for such collateral at least ten (10) days before the maturity or expiration date, unless a later time is approved by the City Commission. Sec. 24-233. Maintenance security. Where the City is requested to accept maintenance of any public Improvement within the Subdivision, a Maintenance Bond in the amount of one hundred (100) percent of the construction cost of the Improvements shall be filed with the City. Such Bond shall provide that the City shall be indemnified if .the Developer does not replace or repair any public Improvements, which are defective in materials or workmanship or which were not constructed in compliance with the approved Construction Plans. The terms of the Maintenance Bond shall expire one year after acceptance for maintenance by the City unless the City serves written notice to the Developer that the Improvements are defective in material or workmanship or were not constructed in compliance with the approved Construction Plans within the one year. Sec. 24-234. Inspections. (a) As Improvements are being constructed within the Subdivision, the Building Official and authorized staff or consulting engineer shall have the right to inspect Improvements. The Building Official or .authorized representative shall be specifically notified of the commencement and completion of al of the following. (1) Clearing and grubbing. (2) All utilities prior to backfilling. (3) All concrete Structures when steel is in place prior to pouring. (4) Stabilized~sub-grade. (5) Curb and concrete work.. (6) Roadway base. . (7) Wearing surface during application. (b) The failure to notify the Building Official of the commencement and completion of the construction maybe good cause for the refusal to issue a Certificate of Completion. 16 Strikethrough draft 04/02/03 • Sec. 24-235. Issuance of Certificate of Completion. AGENDA ITEM #8D APRIL 14, 2003 Upon completion of construction of all required Improvements, the Developer shall provide the Building Official the following. (a) A letter stipulating that the construction of the Improvements has been completed and requesting final inspection and approval. (b) The testing reports and certificates of compliance from material suppliers specified in this Article. (c) Three (3) sets of as-built Construction Plans. (d) Certification from a registered engineer, with his seal axed, that the Improvements have beep constructed in conformity with the approved Construction Plans. Upon receipt and review of the above items, and after satisfactory fmal inspection, a Certificate of Completion shall be issued by the Building Official. Secs. 24-236. through 24-250. Reserved. DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS Sec. 24-251. General requirements. All required Improvements shall be deli n~ ed by a Florida registered professional engineer Construction Plans shall be prepared in accordance with applicable local State and Federal standards Construction Plans shall be approved by the City prior to construction of Improvements and issuance of a Building Permit shall constitute approval to commence with Development The requirements within this Division shall apply to all Improvements and all Development as set forth herein including Improvements within Subdivisions, Planned Unit Developments approved Site Plans and any other Development Projects including individual Lots and Parcels, where applicable. Construction Plans shall address each of the following requirements and shall provide sufficient information to demonstrate compliance with all ~plicable requirements of these Land Development Regulations the Florida Building Code and any other applicable State or Federal regulations. (a) Conformity to City policies. The division and Development of Land subject to these regulations shall be in conformance with the goals, objectives and policies of the Comprehensive Plan as well as all other applicable local, State and Federal requirements regulating the division and Development of Land. b,(~Use of natural features. The arrangement of Lots and blocks and the Street system shall make the most advantageous use of topography, shall preserve mature trees, other natural features and Environmentally Sensitive Lands, wherever possible. • (c) Soil and flood hazards. A Final Subdivision Plat shall not be approved unless all Land intended for use as Building sites can be safely and reasonably used for Building purposes without danger from flood or other inundation or from soil or foundation conditions or from any other menace to health, safety or public welfare. In particular, Lands that are within the one hundred (100) year flood-prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and developed until proper provisions are made for protective 17 Striketlirough draft 04/02/03 AGENDA ITEM #8D APRIL 14, 2003 flood control measures and stormwater management facilities necessary for flood-free access to the sites. All Lots and Building sites shall be developed such that Habitable Space is constructed at a minimum Finished Floor Elevation of eight and one-half (8 5) feet above Mean Sea Level Flood protection provisions shall be approved by the designated Administrative Official to assure that fill or ~*rade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality. . (d) General construction methods. All design and construction methods shall conform to the requirements of these Land Development Regulations and all desi~m and construction standards referenced therein, including, but not limited to: Florida Department of Transportation Drainage Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Idighways. fie) Paving and drainage engineering plans which demonstrate compliance with the stormwater management provisions of Section 24-67 of these Land Development Regulations depicting all necessary elevations treatment of intersections design grade of pavement the width ofright-of--way, width and tune of pavement. Topographic information depicting existing and~roposed ditches swales, maior drainage channels and other drainage facilities and systems shall also be provided (1) Typical. sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs, swales, canals,. shoulders, slopes, drainage structures and other items of major construction. (2) Profile sheets of all streets and underground structures to be constructed, together with elevations shown for existing streets and utilities. (3) A written design recommendation for asphalt and base course designs prepared by a Florida licensed geotechnical engineer based on field testing of existing soils. Said design recommendation shall be submitted prior to the commencement of any Street construction or any construction of stormwater management facilities. (4) Provision for erosion control. Siltation curtains or other such erosion control bamers as maybe required to prevent erosion and displacement of soil or sand shall be shown on paving and drainage engineering plans, and shall be installed prior to the commencement of any land clearing or Development. Sec. 24-252. Streets. (a) Concept and principles. The character, width, grade and location of all Streets and bridges shall conform to the standards of this Division and shall be considered in their relation to existing and planned Streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the Land served by the Streets. (b) Arrangement of Streets. The arrangement of new Streets within a Subdivision or new Development project shall: (l) Conform with the Traffic Circulation Element ofthe Comprehensive Plan (2) Be interconnected with the existing Street system so as to provide for vehicular connections between and through neighborhoods. (3) New Local Streets shall be designed in a manner, which discourages use by through traffic. 18 Strikethrough draft 04/02/03 AGENDA ITEM #8D APRIL 14, 2003 (c) Access to pavedpul3}ie Streets required. Every ~ ~' ~- •---~* -••~''-~~ Lot, Development. Parcel or new Subdivision shall haveappreved access to a paved Street dedicated to public Use, which has been accepted and maintained by the City uruL;~ *'~~ T ~'~ ~ ~''~ ~ ''~ ' City. It shall be the responsibilit o~the developer to design, construct and nave and Streets in accordance with the requirements speei€~ea}}y .of Division 5 of this Article. A Certificate of Completion shall be issued prior to acceptance of anv public street by the Ci and prior to the issuance of anv Building Permit to develop individual Lots or Parcels. Any Subdivision of Land, which creates more than ten (10) residential Lots shall provide two (2 s~arate access points, which shall be established by access right-of-ways Required secondary access shall be established by permanent Easements, only where no reasonable opportunity to create the secondary access by Right-of--way exists. In the case where such permanent Easement must be used to provide secondary access,~no obstruction to said Easement shall be permitted including but not limited to anv Structure, landscaping or trees, Sign fence or wall (2) New Subdivisions, which utilize private security gates or other types of restricted access shall provide a universal emergency access system at each entrance. (d) Private Streets providing access to individual Lots shall be constructed and maintained in accordance with Division 5 of this Article. Provision for the continued private maintenance of any private Street shall be provided to the City prior to issuance of any Building Permit. (e) Where the impact of new Development can be demonstrated to reduce anv transportation related Level of Service Standard as established by the adopted Comprehensive Plan additional Right-of-way may be required by the City to maintain adequate roadway_capacit~public safety or to ensure adequate access, circulation and parking_ (f) Reserve strips prohibited. Reserve strips prohibiting future access to public Streets shall be prohibited except where irrevocable control of such reserve strips is placed with the City. (g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right angles, and no Street shall intersect any other Street at less than a sixty (60) degree angle.. Off-set intersections, which may be created by new Streets shall be prohibited except where removal or damage to anv Private Protected Tree or Public Protected Tree may be avoided by such off-set intersection. (h) Property lines rounded at intersections. Property lines at Street intersections shall be rounded with a radius of twenty (20) feet or a greater radius where required by the City. The City may permit comparable cutoffs or chords in place of rounded corners. (i) Minimum Right-of--way and paving widths. Minimum Street Right-of--way and paving widths shall be as follows, unless otherwise indicated or required by law: • 19 Strikethrough draft 04/02/03 STREET TYPE RIGHT-OF-WAY PAVIlVG WIDTH • Major Collector Street Minor Collector Street Local Street: Without curb and gutter Local Street: With curb and gutter Cul-de-sacs and loop Streets not exceeding 1500 feet in length: Without curb and gutter With curb and gutter Alley: Commercial Alley: Residential AGENDA ITEM #8D APRIL 14, 2003 84 feet 3428 feet 60 feet 24 feet 60 feet 20 feet 50 feet 24 feet 60 feet* 20 feet* 50 feet* 20 feet* 30 feet 12 feet 20 feet 10 feet * Required for linear portion. of cul-de-sacs and loop Streets See followin paragraph (i) for dimension ofturn-grounds. (j) Dead-end Streets. Dead-end Streets, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. These Streets are limited to one thousand (1,000) feet in length; however, the City may approve cul=de-sacs of greater lengths, where due to .topographic conditions, design consideration, or number of Lots to be located on the same, a greater length may be deemed necessary. A circular turnaround shall be provided at the terminus of the cul-de-sac. The circular area shall contain right-of--way with a diameter of not less than seventy-five (75) ese-lnu~e~l-El-Q9}-feet as measured from adjoining property lines. The diameter of the paved area shall be not less that sixty feet as measure from edge of curb. The City may authorize a "T" design of proper size for vehicular turnaround as required by the Director of Public Works. Temporary turnarounds shall be provided at the end of Streets, which are planned to be extended in the later stages of the Development. (k) Street names and house numbers. Street names shall conform to any established Street naming plan of the City. New Street names shall not duplicate, or closely approximate phonetically, in spelling or by Use of alternate suffixes such as "Lane", "Way", "Drive", "Court", "Avenue" or "Street", the names of existing Streets, except that a new Street that is an extension of or in alignment with an existing Street shall bear the same name as that borne by the existing Street. The Building Official shall, within ten ('10) days of conditional approval of the preliminary Plat, assign or cause assignment of address numbers for all Lots. The assignment of the address shall be determined by the Building Official. (1) Shared driveways. The use of shared private driveways shall he permitted subject to provision of a shared access easement or other legally binding agreement between all parties using such access A c~y of the recorded easement or agreement shall be provided to the City prior to issuance of a Building Permit. Sec. 24-253. Easements. (a) Utilities. Easements across Lots or centered on rear or side Lot lines shall be provided for utilities where necessary, and shall be at least fifteen (15) feet wide and shall extend from Street to Street. 20 Strikethrough draft 04/02/03 AGENDA ITEM #8D APRIL 14, 2003 (b) Drainage and watercourses. Where a Development is traversed by a watercourse, canal, drainage way, non-navigable channel or stream, there shall be provided a stormwater Easement or drainage Right-of--way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of the intended volume of water. (c) Other drainage Easements. Other Easements maybe required for drainage purposes of such size and location as maybe determined by the designated Administrative Official. (d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and service Easements or Right-of--ways may be provided. (e) No City expense. Easements required by these Land Development Regulations within proposed Developments shall be provided at no expense to the City. (fl The abandonment or vacation of beach access Easements shall be prohibited Scc. 24-254. Blocks. (a) General. The lengths, widths and shapes of blocks shall be determined with due regard to: (1) Provision of adequate Building sites suitable to the special needs of the Use contemplated. (2) Zoning District requirements as to Lot sizes and dimensions. (3) Needs for convenience access, circulation, control and safety of Street and pedestrian traffic and fire protection. (b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting Streets, except that the City Commission may approve blocks of greater length. Sec. 24-255. Lots. (a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall be appropriate for the location of the Development and for the type of development and Use proposed. Lot arrangement and design shall be such that all Lots will provide satisfactory and desirable Building sites. In no event shall a residential Lot created after the initial effective date of these Land Development Regulations have a width of less than seventy-five (75) feet at the Building Restriction Line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a Planned Unit Development. (b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-Street service and parking facilities required by the type of Use and Development proposed. (c) Residential Comer Lots. Corner Lots for residential Use shall have extra width, greater than a corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to both Streets. • 21 Strikethrough draft 04/02/03 AGENDA ITEM #SD APRIL 14, 2003 (d) Street access. All Lots shall be provided with satisfactory and permanent access to a paved public Street. No new Lot shall be created, which prohibits established access or reasonable access to an Abutting Property. (e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be avoided. . (f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance with approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the recorded Plat. Sec. 24-256. Provision for required recreation: New Subdivisions containing ten (10) or more acres shall be reauired to provide a minimum of one acre dedicated for recreation purposes A minimum of fifty (50) percent of Lands reauired for recreation shall contain active recreation facilities such as ball- fields ormulti-purpose fields, tennis courts, skateboard facilities swimming_pools and the like Sec. 24-257. Required Monumentation. (a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in Streets, and at intermediate points as shall be required by the designated Administrative Official. (b) Permanent Reference Markers. A sufficient number of Permanent Reference Monuments shall be set in each residential Subdivision, in no case less than two (2) such monuments and in no case more than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both, properly referenced, for both construction and future City use. The Permanent Reference Monuments shall meet all the specifications set out in Florida Statutes Chapter 177 091 and as may be required by the desi~r-ated Administrative Official. (c) Location and construction. The location of all Permanent Reference Monuments shall be indicated on the Final Subdivision Plat. All iron pipes and pins and Permanent reference Monuments shall be of such size, material and length as may-be specified by the designated Administrative Official. (d) Lot corners. Lot comers shall be monumented with iron pipes, iron pins or Permanent Reference Monuments. (e) Time of placement. Permanent Reference Monuments (PRM) and Permanent Control Points (PCl?) shall be set in accordance with Florida Statutes, Chapter 177.091, except all•monuments including Lot corners must be placed before the developer is released from his surety. If no surety bond or personal bond secured by a letter of credit is posted, monuments including Lot corners must be placed prior to acceptance for ownership and maintenance. Any and all Land monuments including Lot corners disturbed or destroyed in the prosecution of construction shall be accurately witnessed and replaced at the developer's expense upon the completion of construction. The designated Administrative Official may accept a certification from the developer's surveyor that the requirements of this Division have been satisfied. Sec. 24-258. Clearinb and Grading of Right-of--ways. The developer shall be required to clear all Rights-of--way and to make all grades, including all grades for Streets, alleys and drainage, consistent to grades of the approved Construction Plans. All debris shall be removed from rights-of--way. In the interest of the preservation of existing Protected Trees, or Environmentally Sensitive Areas, or other natural features, the City may vary from this Section where aesthetic and environmental conditions will be enhanced. No Right-of--ways shall be cleared prior to 22 Strikethrough draft 04/02/03 AGI'rNDA ITIrM #8D APRIL 14, 2003 approval of Construction Plans, and issuance of a site clearinu and tree removal or relocation permit as required by Chapter 23 of the Code of Ordinances. Scc. 24-259. Centralized Sewer and Water Services. (a) New Subdivisions shall be required to provide centralized water and sanitary sewer systems. (bl The use of private wells and septic tanks shall be in accordance with the requirements of Chapter 64E 6 Florida Administrative Code. New septic tanks shall further be subject to the provisions of following Section 24-260. Sec. 24-260. Installation of septic tanks private wastewater and on-site Sewage treatment and disposals sums. dal New Lots or Parcels, which are created pursuant to the exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat as set forth within Section 24-189 shall contain a Minimum Lot Area of one (1) acre, exclusive of Wetlands in order to. use private wastewater S stems and Septic Tanks, or anv tune of on-site sewage treatment and disposal systems except that any Lot within one-hundred (1001 feet of-anv central sewer line shall be required to connect to central services as required by Chapter 22, Article III of this Code of Ordinances without respect to size of the Lot or Parcel. • • 23 DRAFT -Minutes of Cou:n:uniry Deveiopmcnt Board Page 3 AGENDA ITEM #8D March 18, APRIL 14, 2003 Discussion was held with regard to placement of the garage. Ms. Mears stated that she did not think it would be advantageous to the neighborhood to build the garage toward Beach Avenue. Ms. Doerr suggested that sometimes the Board may wish to acknowledge historical development patterns. She stated that this was not a common situation, but that there are corner lots scattered throughout the City where these lots have developed with the front of the house facing the longer side of the lot. She further stated that with this lot, it was probably preferable to have a 20-foot setback rather than aseven-and-a-half foot setback on the west side of the property. A motion was made by Mr. Grune~vald, seconded by Mr. Jenkins, and unanimously carried to approve the variance request desitinatinti Beach Avenue the front yard, subject to Staff s recommendation that all required setbacks (based upon Beach Avenue as the front) and impervious surface area limit be maintained with the proposed development. 4. Old Business b. Continued review of proposed chanties to Chapter 24, Article IV, Subdivision Regulations. The Board conducted apage-by-page review and discussion of all proposed changes to Chapter 24, Article IV, Subdivision Regulations, and suggested several minor revisions, requesting that staff incorporate these into the draft to be forwarded to the City Commission. Staff confirmed that these revisions would be included. A motion was made by Mr. Frohwein, seconded by Mr. Grunewald, and unanimously carried to recommend approval to the City Commission of proposed amendments to Chapter 24, Article IV, Subdivision Regulations, with those revisions as discussed. 6. Other Business Not Requiring Action. a. Request from Board Member Steve Jenkins to discuss Community Development Board representation. Discussion was held with regard to the Board's representation at City Commission meetings. Ms. Doerr advised that if an appointed member of the Community Development Board speaks to the City Commission, they should divulge if they are making the comment as an individual or if they are carrying forward a motion or recommendation or other formal action of the Board. 7. Adjournment There being no further business, the meeting adjourned at 9:15 p.m. SIGNED • ATTEST Attachment E March 31, 2003 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans SUBJECT: City M ger's Report City Welcome Sign on Atlantic Boulevard; Several months ago the City Commission discussed the possibility of installing a joint "Welcome" sign with the City ofNeptune Beach on the south side of Atlantic Boulevard. The relocation of the Atlantic Beach sign on the north side of the road following the Flyover Project was determined to be hard to see. The concept of a joint sign was discussed with Neptune Beach staff and both cities have split the ~~ cost for a preliminary conceptual design that was prepared by Tat Chan. The design envisions a new serpentine shaped retaining wall with raised lettering that would be located to the east of the split on Atlantic Boulevard where the ramp for the Mayport Flyover turns off to the right. The new wall would almost be adjacent to the existing retaining wall for the Flyover. A copy of the plan will be shown at the City Commission meeting. If acceptable to the Atlantic Beach Commission and the Neptune Beach Council, a permit from the FDOT would be needed and funding could be included for the construction in the FY '04 budget. A cost estimate should be ready by the time of the April 14`" Commission meeting. Union Election; The State Public Employee Relations Commission held amail-in election for several groups of City of Atlantic Beach employees that have not previously been covered by unions to see if they desire to create additional bargaining units. Two new units were proposed; one for supervisors and one for white collar employees. The City received the results of the mail-in balloting on Wednesday, March 26`". The supervisory unit was not approved, but the white-collar unit was passed. Consequently, the City will have a third bargaining unit to negotiate with during the coming months. Presently, there are two unions; one for police officers and one for Public Works/LTtilities (blue collar). This new unit would be organized under the same affiliation as the Public Works union; the Laborers International Union of North America (LIUNA). A shade meeting would be called with the City Commission shortly after the union representative submits their list of proposals for the new contract. Receation for Past Elected Officials; A suggestion has been made that the past elected officials of Atlantic Beach be included in those invited to the Annual Reception for City Board and Committee members held in August. This may double the number of participants in that reception. Last year the cost to the City for the reception was $2,500. Comments will be solicited from the Commission at the April 14the meeting.