01-14-02 vCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
January 14, 2002
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Commission Meeting of December 10, 2001
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meeting
A. City Manager's follow up report on issues from previous meetings
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
'`'' A. Acknowledge receipt of monthly reports from Building, Occupational
License, Public Works, Recreation, and Utility Sales Departments (City
Manager)
B. Award a contract to Milestone-Carlo in the amount of $317,472.60 for
paving, drainage, water and sewer improvements of the Selva Marina Streets
pursuant to the specifications of Bid No. 0102-1 (City Manager}
Committee Reports
6. Action on Resolutions
7. Action on Ordinances
A. Ordinance No. 45-O1-16 -Public Hearing and Final Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING
SECTION 20-59, SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE
DATE
B. Ordinance No. 80-O1-64 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 22, UTILITIES, ARTICLE I, IN GENERAL, SECTION
22-3 VOLUNTARY COLLECTION PROGRAM/TRUST FUND TO ASSIST
NEEDY WITH UTILITY BILLS, CHANGING REQUIREMENTS ON THE
CONTRACT FOR SERVICES; AMENDING SECTION 22-4, AUTHORITY TO
ADJUST CHARGES IN APPROPRIATE CASES, ADDING PROVISIONS TO
EXTEND DUE DATES AND WAIVE PENALTY CHARGES IN APPROPRIATE
CASES UNDER CERTAIN CIRCUMSTANCES, AND PROVIDING AN
EFFECTIVE DATE
``" Page Two AGENDA January 14, 2001
C. Ordinance No. 90-02-171-Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, REZONING LANDS AS DESCRIBED
HEREINAFTER FROM THE PRESENT ZONING CLASSIFICATION OF OPEN
RURAL (OR) TO SPECIAL PURPOSE (SP); MAKING FINDINGS OF FAC'~;
PROVIDING FOR SPECIAL CONDITIONS; REQUIRING RECORDATION;
AND PROVIDING AN EFFECTIVE DATE
D. Ordinance No. 10-02-21-Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES CHAPTER 3, ALCOHOLIC
BEVERAGES, SEC. 3-2 HOURS OF SALE, AND PROVIDING AN EFFECTNE
DATE
8. Miscellaneous Business
A. Approval of Final Plat for Hidden Paradise subdivision {City Manager)
B. Appeal filed by Michael Dunlap, of the denial of a variance by the
Community Development Board for property located at 41 Sixth Street (City
Manager)
C. Action on a request filed by Kelly Elmore for improvements to the Dewees
Avenue area (City Manager)
D. Approval of the restructuring ofthe Public Utilities Department, including
fitnding of position reclassifications and/or upgrades (City Manager)
E. Award contract to Gannett Fleming, Inc. in the amount of $30,066. for the
redesign and construction engineering services for the aerated sludge holding
tank at Wastewater Treatment Plant No. 2 and authorize the City Manager to
sign the contract {City Manager)
9. City Manager Reports
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
if any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be
based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City
Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, January
11, 2002.
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JANUARY 14, 2002
PRESENT: John Meserve, Mayor
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
ABSENT: Richard Beaver, Mayor Pro Tem
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Mayor Meserve, was followed by the Pledge of Allegiance to
the Flag.
1. Approval of the minutes of the Regular Commission meeting of
~~., December 10, 2001
Motion: Approve the minutes of the Regular Commission
Meeting of December 10, 2001 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
Alan Potter of 374 Second Street felt that the redesign and construction
engineering services for the aerated sludge holding tank at Wastewater
Treatment Plant No. 2 (Item 8E) should have been included in the original
redesign fee charged by Eder and Associates.
Mr. Potter also believed that an excessive amount of time was being taken
to complete the Sherry Drive reconstruction project and felt the new
completion date of March 31St should be investigated.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow Up Report on Issues from Previous
Meetings
``' City Manager Hanson briefly reviewed each item of his written report,
which is attached and made part of this official record as Attachment A .
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WATERS X X
MESERVE X
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January 14, 2002
During the review of the report, discussion ensued concerning increasing
the frequency of yard trash collection from once a week to twice a week.
Commissioner Parsons felt the added cost of $1.86 per month per
residence was very reasonable and indicated that many citizens had
contacted him concerning providing twice a week service.
Following brief discussion it was the consensus of the Commission to
conduct the survey and bring the results back to the City Commission at a
future meeting.
In addition to the City Manager's written report, Utility Director
Kaluzniak gave a status report on the connection schedule for. the new
water main on Sherry Drive. It was reported that the connections would
be made during nighttime hours and boil water notices delivered to each
residence.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from
Occupational License, Public Works, Recreation and
Utility Sales Departments (City Manager)
Mayor Meserve requested that Consent Agenda Item B be removed
from the Consent Agenda for fm-ther discussion.
Motion: Approve Consent Agenda Item A as presented.
There was no discussion and the motion carried unanimously.
B. Award a contract to Milestone-Carlo in the amount of
$317,472.60 for paving, drainage, water and sewer
improvements of the Selva Marina Streets pursuant to the
specifications of Bid No. 0102-1 (City Manager)
Motion: Award a contract to Milestone-Carlo in the
amount of $317,472.60 for paving, drainage, water and
sewer improvements of the Selva Marina Streets pursuant
to the specifications of Bid No. 0102-1.
Commissioner Borno requested that the previously discussed cost
ratio of 60-40% be maintained so that the homeowners could share in
the savings. It was the consensus of the Commission that the ratio be
maintained.
"'' Commissioner Waters suggested that the city contact Milestone-Carlo
concerning paving of Dewees Avenue (Item 8C) at the same cost.
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January 14, 2002
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There was no further discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 45-O1-16 Public Hearing and Final Reading
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 20, TAXATION, AMENDING
SECTION 20-59, SCHEDULE OF FEES; AND
PROVIDING AN EFFECTIVE DATE
Motion: Adopt Ordinance 45-01-16 on final reading.
Mayor Meserve opened the public hearing and called for comments
from those present. No one spoke for or against the proposed
ordinance, and the Mayor closed the public hearing.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 80-O1-64 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 22,
UTILITIES, ARTICLE I, IN GENERAL, SECTION 22-3
VOLUNTARY COLLECTION PROGRAM/TRUST
FUND TO ASSIST NEEDY WITH UTILITY BILLS,
CHANGING REQUIREMENTS ON THE CONTRACT
FOR SERVICES; AMENDING SECTION 22-4,
AUTHORITY TO ADJUST CHARGES IN
APPROPRIATE CASES, ADDING PROVISIONS TO
EXTEND DUE DATES AND WAIVE PENALTY
CHARGES IN APPROPRIATE CASES UNDER
CERTAIN CIRCUMSTANCES, AND PROVIDING AN
EFFECTIVE DATE
Motion: Adopt Ordinance No. 80-01-64 on final reading.
Commissioner Waters requested clarification of Section 22-4 (c). City
Manager Hanson explained the due date extension covered by the
section. Commissioner Waters felt staff should have the flexibility to
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January 14, 2002
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extend the cut-off date. He also felt the ordinance should be
retroactive six months to further assist those customers who
demonstrated a hardship.
Mayor Meserve requested that Finance Director VanLiere provide a
six months follow-up report to the Commission on the outcome of
implementing the ordinance.
There was no fiirther discussion and the motion carried unanimously.
C. Ordinance No. 90-02-171 Introduction and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
REZONING LANDS AS DESCRIBED HEREINAFTER
FROM THE PRESENT ZONING CLASSIFICATION OF
OPEN RURAL (OR) TO SPECIAL PURPOSE (SP);
MAKING FINDINGS OF FACT; PROVIDING FOR
SPECIAL CONDITIONS; REQUIRING
RECORDATION; AND. PROVIDING AN EFFECTIVE
DATE
Motion: Defer action on Ordinance No. 90-02-171 to
consider issues raised by the attorney representing radio
station WQOP.
Mayor Meserve indicated that he would like to discuss the issues
raised by Steve Diebenow, Attorney for radio station WQOP, before
adopting the rezoning ordinance. Mr. Diebenow's letter dated
January 7, 2002, is attached and made part of this official record as
Attachment B.
Commissioner Waters indicated that he was concerned with signage
and allowable building heights for the site. He felt a 35' building and
large sign would obstruct the view of the marsh.
Mayor Meserve opened the public hearing. Mr. Diebenow provided
the Commissioners with his telephone number and indicated that he
would be happy to discuss any of the proposed changes to the
ordinance with them. No one else spoke, and the Mayor closed the
public hearing.
There was no more discussion and the motion carried unanimously.
D. Ordinance No. 10-02-21 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENDING THE CODE OF
ORDINANCES CHAPTER 3, ALCOHOLIC
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January 14, 2002
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BEVERAGES, SEC. 3-2 HOURS OF SALE, AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 10-02-21 on first
reading.
Mayor Meserve briefly explained the ordinance and indicated that the
final reading and public hearing would be held January 28, 2002.
Commissioner Borno indicated he did feel the change was needed.
Commissioner Parsons indicated that Ragtime and Sea Turtle
restaurants had requested the change to conform with the City of
Neptune Beach's Sunday hours of sale. He reported that the
restaurants felt they were losing business because of the city's more
restrictive ordinance.
There was no further discussion and the motion carried by a three to
one vote with Mayor Meserve and Commissioners Waters and
Parsons voting aye and Commissioner Borno voting nay.
8. Miscellaneous Business:
A. Approval of Final Plat for Hidden Paradise Subdivision
Community Development Director Doerr explained that the applicant
had agreed to make the final revision to the plat and extend the fifty
(50) foot right-of--way on Laurel Way to West 14th Street. The
change will be made prior to recording the plat.
Motion: Approve and accept the final plat for Hidden
Paradise Subdivision subject to the above listed change
and authorize the Mayor to sign the document for
recording.
Community Development Director Doerr noted for the record that the
plat was a replat of a portion of the Section H subdivision.
Cornrnissioner Waters felt the subdivision would be a great asset to
the city.
There was no further discussion and the motion carried unanimously.
B. Appeal filed by Michael Dunlap, of the denial of a variance
'~`~` by the Community Development Board for property
located at 41 Sixth Street (City Manager)
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Mayor Meserve requested an opinion from City Attorney Jensen
concerning the legality of the Community Development Board action in
denying the variance request. Mayor Meserve indicated that the only
reason the Commission could hear the appeal would be if the Community
Development Board took illegal action in denying the request.
City Attorney Jensen indicated that the ordinance required that a duly
verified petition be presented to the Commission setting forth that the
decision of the Community Development Board was illegal in whole or in
part, and must state the grounds of the illegality.
Discussion ensued concerning the basis for the appeal, which was based
on confusion over whether or not the subject property should be
considered a "corner lot".
City Attorney Jensen advised that the Commission could hear the appeal,
but if the Commission determined that it was not properly presented
because it was not a verified petition, the Commission could deny the
appeal on those grounds. However, City Attorney Jensen further advised
that if the Commission wished to address the merits of the appeal, the
Commission could proceed with the hearing.
In presenting his appeal, Mr. Dunlap questioned the procedure followed at
the Community Development Board meeting and indicated that the
Chairman of the Board had caused confusion when he indicated that the
property was considered to be a corner lot. Mr. Dunlap felt this created a
legal error since there was no basis for the lot to be considered a corner
lot, and the Board may have denied the variance based on this
misinformation and confusion over whether the five foot setback or the
fifteen foot setback for a corner lot should prevail.
Discussion ensued. Commissioner Waters pointed out that at one time the
beach was considered a street and was called "The Strand". He believed
that the property should be considered a corner lot.
Motion: Send the request back to the Community
Development Board for clarification of the circumstances
surrounding the denial of the variance request.
Mr. Dunlap indicated that he did not wish to reappear before the
Community Development Board, and requested that the Commission
decide based on the merits of his appeal.
Further discussion ensued and the motion and second were withdrawn.
Motion: Uphold the decision of the Community Development
Board and deny the appeal based on the fact that it did not
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meet the legal criteria for an appeal of a Community
Development Board decision.
Commissioner Waters concurred with the decision of the Community
Development Board to deny the variance request, and indicated there was
no merit for the appeal based on the legality of the denial.
Mayor Meserve also felt there was no evidence that the Community
Development Board acted illegally in making their decision.
Commissioner Waters requested that a decision be made as to whether or
not the beach should be considered a road. He felt the beach was. still
being treated as a road and a discussion should be held to determine the
ramifications of this consideration.
Community Development Director Doerr indicated that there was no
current interpretation in the zoning ordinance that would consider the
oceanfront lots adjacent to the beach access rights-of--way to be corner
lots. She further indicated that if it was the intention of the Commission
to consider them as such, the current regulations would have to be
amended.
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Commissioner Borno felt that in the past it had been presumed the lots
were corner lots, but the actual written ordinance did not support this. He
felt that if it was an issue worth changing, then staff should address this
issue.
Community Development Director Doerr pointed out that the side. yard
setback requirements would have to be changed from five to fifteen feet if
they were considered to be corner lots.
Discussion ensued concerning the interpretation of "through lots" and
"double frontage lots." After further discussion, Community
Development Director Doerr requested Commission direction in this
matter and specifically inquired if the language in the code should be
amended to eliminate interpretation of how the lots are to be treated.
Mayor Meserve requested that Community Development Director Doerr
bring back a "reminder" of what was just passed in the new zoning code,
and if the Commission felt that the code should be amended, direction
would be given at that time.
There was no further discussion and the motion carried unanimously.
C. Action on a request filed by Kelly Elmore for
improvements to the Dewees Avenue area (City .Manager)
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January 14, 2002
Motion: Defer action on the request, allow Mr. Elmore to
speak and schedule a public meeting to receive input from the
residents of the area affected by the request.
Mr. Elmore reviewed his proposal with the Commission using a
Powerpoint presentation to emphasize the areas of improvement.
Commissioner Waters felt that part of the charm of the area was its tree
canopy and expressed concern that if the city gave the abandoned right-of-
way to adjacent property owners, the trees might be cut down.
A brief discussion ensued concerning the condition of the streets.
Gerald. Vermey of 65 Shell Street stated that he enjoyed the quaint and
charming area and wished to maintain the trees and unpaved roads. He
felt the road should be crowned and the potholes eliminated. He also felt
that the name "Marvin's Garden" should be maintained for the proposed
park.
Barbara Mears of 1604 Coquina Place stated that she also enjoyed the
tree canopy and unpaved roads. She indicated that she would like to see
y.,., the road improved, but not paved with asphalt. Ms. Mears also
commented that all of her neighbors on Shell Street and the residents of
the condominium brought their garbage to Coquina Place for pick up.
Bill Permenter of 78 Dewees Avenue supported road improvements and
indicated that he would like to participate in a public meeting .
Sandra Martin of 44 Dewees Avenue stated that she supported the
improvements, but did not want the street to be thirty feet wide.
Mayor Meserve expressed concern for giving away right-of--way, and
stated he did not want to set a precedent by doing so. Other issues
mentioned were possible access problems if part of the right-of--way was
made into a park, and property liability.
Discussion ensued concerning scheduling a meeting for public input on
the proposal, similar to the Selva Marina Streets Committee.
There was no more discussion and the motion carried unanimously.
D. Approval of the restructuring of the Public Utilities
Department, including funding of position reclassifications
andJor upgrades (City Manager)
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January 14, 2002
Motion: Approve the restructuring of the Public Utilities
Department, including funding of position reclassifications
and/or upgrades as recommended.
Commissioner Borno supported the restructuring and felt it was important
for the plant operators to be cross-trained.
There was no discussion and the motion carried unanimously.
E. Award contract to Gannett Fleming,. Inc. in the amount of
$30,066 for the redesign and construction engineering services
for the aerated sludge holding tank at Wastewater Treatment
Plant No. 2 and authorize the City Manager to sign the
contract (City Manager)
Motion: Award contract to Gannett Fleming, Inc. in the
amount of $30,066 for the redesign and construction
engineering services for the aerated sludge holding tank at
Wastewater Treatment Plant No. 2 and authorize. the City
Manager to sign the contract.
Commissioner Waters inquired as to the necessity of redesigning the
aerated sludge holding tank.. Utility Director Kaluzniak provided
background information as listed in her Staff Report, which is attached
and made part of this official record as Attachment C.
Tank maintenance was discussed. John Dockery of Gannett Fleming
explained that the two tanks to be replaced had expended their useful life.
He indicated that the replacement tanks would be constructed in bolted
sections, which would allow for replacement/repair of a section, as
opposed to the whole tank, and would have a useful life of twenty years.
There was no more discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson summarized his written report (Attachment D)
and updated the Commissioners on the following item(s):
• Reported that a Change Order in the amount of $8,362 had
been issued for the. Sherry Drive Reconstruction Project to
move the new force main due to a conflict with a storm drain.
Payment will come from the contingency for the project.
`~'~'"' • Reported that due to the termination of the Jaycee bus stop
bench agreement, sixteen (16) benches at a cost of $400 per
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bench would be ordered to replace the current bus stop
benches.
• Reported that the city would not be receiving any recycling
grant money from the City of Jacksonville this year and
indicted that the $6,500 for replacement recycle bins would be
included in the mid-year budget adjustment.
• Reported that a Hazardous Waste Collection Day would be
held in the parking lot at City Hall on Saturday, March 16,
2002.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Parsons
• Reported that he would like to project progress signs to be
erected at maj or prof ects.
Commissioner Waters
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• Referenced the second and third paragraphs on page one of
Ordinance No. 90-02-171 (Rezoning of the WQOP Queen of
Peace Radio Station property) and indicated that he disagreed
with the language of those paragraphs.
• Referenced a letter he had received concerning paint
specifications in the bid to repair and paint elevated water tank
No. 1, and inquired regarding the bid specifications mentioned
in the letter. City Manager Hanson explained the city hired a
consultant who put together the specifications for the paint to
be used on the tank. It was further explained that this was
done in order to avoid problems experienced in the past
regarding which paints met the required specifications.
Utility Director Kaluzniak indicated that all paint must meet
specifications set forth by the EPA, NACE and ASTM. She
indicated that it was a complicated process to make sure each
type of paint met the three requirements.
• Referenced a letter received from Richard Valerian, 1164
Linkside Drive, concerning light shining from the water
treatment plant on their home and asked if something could be
done to alleviate the problem.
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Utility Director Kaluzniak explained that the lights had been
turned off, but after September 11, 2001, they were turned
back on for security purposes, as recommended by the
Federal Government. She indicated that the lights were
shielded and mounted lower than standard security lighting.
The Valerians were the only area residents who complained.
• Inquired as to the Sherry Drive completion schedule and the
cause for the delays. City Manager Hanson responded that the
logs buried under the road and the fact that the city did not
want the water turned off during the holidays had caused
delays with the project. He felt the contractor was doing a
reasonable job of staying on the job given the circumstances.
Public Works Director Kosoy. stated that BellSouth had
caused a major delay in the project, and the completion date
was now extended to the beginning of May. It was reported
that laying the stormwater line could be completed in a
reasonable amount of time, but if BellSouth did not continue
to relocate their phone line, it would cause further delays.
Mr. Kosoy reported that BellSouth had not been very
cooperative from the beginning of the project. He indicated
that he would be meeting with their representatives on
Wednesday, and they had been informed that if the lines were
not moved horizontally, the city would back-charge them for
the delays charged to the city by the contractor.
• Reiterated his concerns regarding the rezoning of the radio
station property and cautioned staff to protect the city's
interests.
Mayor Meserve
• Inquired if one of the Commissioners wished to head the
committee to study and coordinate Mr. Elmore's request.
It was agreed that the committee would be patterned after the
Selva Marina Streets Committee that was chaired by
Commissioner Borno.
Commissioner Waters volunteered to chair the committee.
• Reminded the Commissioners of the following: (1) That
strategic planning would begin in two months and priorities
needed to be set, (2) The 5% surcharge on the Buccaneer
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Plant would be due in April and a decision had to be made as
to how it would be handled, and (3) a decision was needed
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January 14, 2002
regarding a contribution to the Beaches Historical Society for
its survey of historical buildings.
• Commented that someone needed to attend the upcoming
beach renourishment meeting.
• Reported that Debra Igou, Director of the City of Jacksonville
Parks and Recreation Department, would visit city parks on
Friday morning.
There being no further discussion or business to
Commission, the Mayor declared the meeting
Attest:
'.~r`..®
Maureen King
Certified Nlunici~al Cle
before the City
:d at 9:45 p.m.
Officer
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ATTACHMENT A
JANUARY 14, 2002 COMMISSION MEETING
__ _ -
January 3, 2002
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
~y
SUBJECT: .City Mana is Report
" Purchase of Replacement Sludge Hauling Truck; The City has ordered a replacement
for our main sludge hauling truck, which takes wastewater sludge to the Jacksonville
landfill. The current budget for a replacement is $93,000. The truck has been ordered off
state contract and will cost $87,666.93. The total list price for the truck is $148,833.00.
Because this. was purchased off of the state contract at a substantial discount from the list
price, purchasing policies have been followed. No action is necessary by the City
Commission.
Adele Grage Renovations; Architect Tat Chan is almost complete with the plans and
specifications for the Adele Grage renovation. Final plans and specifications are
expected by mid January and request forbids will be .issued. The architect's current
estimate of cost is $401,000 that includes a 5% contingency and the architectural fees for
the project. Several alternates to the specifications are being included so that the price
tag can remain in budget after bids are opened. A set of plans is on file with the building
inspector and is available for public inspection.
xyf
ATTACHMENT B
JANUARY 14, 2002 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Rezoning of WQOP (Queen of Peace radio station) property
SUBMITTED BY: .Sonya Doerr, AICP, Community Development Director
DATE: January 02, 2002
BACKGROUND: This rezoning to Special Purpose District (SP) will bring the existing
radio station use into compliance with the amended zoning regulations.. The property is zoned
Open Rural (OR) with aUse-by-Exception, which permits the current use. The Open Rural
District and Use-by-Exceptions within this district have been eliminated from the amended
zoning regulations. -The Community Development Board recommended. approval of the
rezoning at their December 18, 2001 meeting requesting that the following additional
conditions be placed on the property.
• There shall be no onsite wetland impacts.
• Any additional construction shall require site plan approval by the .Community
Development Board prior to the issuance of any future Development Permits.
• The front (southernmost side) of the property shall be landscaped in accordance
with Chapter 24-177.
• There shall be no signs, and any existing signs shall be removed.
Since this item was considered by the Community Development Board, the Applicant has
advised .staff that FCC regulations require certain signs and notices to be placed upon
communication towers. The Applicant also wishes to place a sign on the property identifying
the radio station. Staff has no objection to this request, provided that any signage is limited to
that needed to identify the radio station and that any such signage remain non-illuminated. A
limitation of twelve (12) square feet in addition to that required by FCC regulations is proposed
within the attached ordinance.
The rezoning to Special Purpose specifically limits the use of this property to the existing radio
station use. Any future change in use would require approval by the City Commission, and in
the case that the existing use is ceased for more than twelve months, the establishment of any
future use would also require approval of the City Commission and consistency, with the
Comprehensive Plan.
RECOMMENDATION: Motion to .approve Ordinance Number 90-02-171 (File Number
REZ-2001-02), a rezoning to .Special Purpose District (SP) for lands as described within
attached Exhibit A, adopting the proposed ordinance and suggested findings.
ATTACHMENTS: Proposed ordinance and supporting terials.
REVIEWED BY CITY MANAGER•
AGENDA ITEM #7C
JANUARY 14, 2002
ORDINANCE NUMBER: 90-02-171
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF
FLORIDA, ADOPTING ORDINANCE NUMBER.90-
02-171, .REZONING LANDS AS DESCRIBED
HEREINAFTER FROM THE PRESENT ZONING
CLASSIFICATION OF OPEN RURAL (OR) TO
SPECIAL PURPOSE (SP); MAKING .FINDINGS OF
FACT; PROVIDING FOR SPECIAL CONDITIONS;
REQUIRING- RECORDATION; AND PROVIDING
AN EFFECTIVE. DATE.
WHEREAS, First Coast Catholic Communications, Lnc. the record owner of lands
described herein within attached Exhibit A, filed an application (File Number REZ 2001-O1) for
a zoning change dated October 09, 2001, as described hereinafter, and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida. hereby finds
that the public health, safety and welfare of citizens are protected and, enhanced by the enactment
of this Ordinance, and
WHEREAS, the zoning change enacted by this .Ordinance .shall provide for orderly
growth; encourage the most.appropriate use of Land; protect and conserve the value of property;
prevent the overcrowding of Land; promote, protect and improve the .health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and. serve to accomplish
and implement the goals and objectives of the Comprehensive Plan, and
WHEREAS, .after required notice was published, a public hearing was held on the 14th
day of January, 2002 at 7:15 p.m. to consider said Ordinance.
NOW THEREFORE, ,BE IT ENACTED BY THE .CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY. OF ATLANTIC BEACH, FLORIDA:
SECTION L Upon .consideration of the application, .supporting documents,
recommendation of the Community Development Board, and comments from the staff and
citizens at the public hearing, the above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:
,~°, a. The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
b. The rezoning to Special Purpose District (SP) is consistent with the. Comprehensive Plan.
AGENDA ITEM #7C
JANUARY 14, 2002
c. The rezoning to Special Purpose District (SP) is consistent with the zoning and land
development regulations for the City of Atlantic Beach.
d. The zoning district designation of Special Purpose District (SP) and the specific
permitted use .established by this Ordinance are consistent and compatible with
surrounding development.
- SECTION 2. Pursuant to this rezoning procedure, (File Number REZ 2001-01) the
zoning classification of Open Rural (OR) of the lands described within the legal description,
attached as EXHIBIT A,
is hereby changed to Special Purpose District (SP).
SECTION 3. Special Conditions which shall apply to the lands referenced` herein shall
be as follows:
a. The permitted use within this Special Purpose District shall be a telecommunication and
radio station broadcast facility. This Special Purpose District has been established in
accordance with Ordinance 90-01-172, Chapter 24, Zoning, Subdivision and Land
Development Regulations, Sections 24-62 and 24-113, Code of Ordinances for the City
of Atlantic Beach, Florida.
b. Accessory Uses and Structures shall be limited to those that are incidental and necessary
to conduct this specifically permitted Use.
~~
c. Site Requirements and Building Restrictions.
i. Minimum Yard Requirements: -Front -Eight (8) feet.
i. Side and Rear -Zero (0) feet.
ii. Building Restrictions. The maximum height .for buildings and structures shall be
thirty-five (35) feet, except that the height for antennae shall be such height as
licensed.by the Federal Communications Commission (FCC) and approved by the
Federal Aviation Commission (FAA).
iii. There shall be no onsite wetland impacts.
iv. Any additional construction shall require site plan approval by the Community
Development Board prior to the issuance of any future Development Permits.
v. The front (southernmost side) of the property shall be landscaped in accordance
with Chapter 24-177.
vi. Signage shall be limited to that as required by applicable FCC regulations, and an
additional amount of signage not to exceed twelve (12) square feet. All signage
shall remain non-illuminated.
d. In the case that the specific use permitted herein is .ceased for a period of twelve (12)
months or abandoned, the Zoning District designation shall remain Special Purpose (SP),
except that no future Use shall be permitted except in conformance with thexequirements
of Sections 24-62 and 24-113, Chapter 24, Zoning, Subdivision and Land Development.
n~..~:~..~-.. AA A^f 111 T_ _ _ .1 _ C~
AGENDA ITEM #7C
JANUARY 14, 2002
Regulations, and until the Ordinance establishing .this Special Purpose District is
amended.
SECTION 4. To the extent that they do not conflict with 'the unique, specific and
detailed provisions of this Ordinance, all provisions of the' Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development-may qualify for vested
rights in accordance with applicable ordinances and laws. Furthermore, .notwithstanding any
provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or
ariy other regulation shall be deemed waived or varied by any provision herein.
SECTION 5. This Ordinance shall. be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 6. This Ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the zoning classification shall be
recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
official.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 14th day of January, 2002.
.Passed on final reading and public hearing this th of , 2002.-
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE.
City Attorney
Attest:
., MAUREEN HING
City Clerk
AGENDA ITEM #7C
JANUARY 14, 2002
?°,,
Exhibit A
A portion of unsurveyed Section 19, Township 2 South, Range 29 East, Public Records
of Duval County, Florida, more particularly described as follows:
For a point of reference commence at the intersection of the center line of Atlantic
Boulevard with the easterly right of way line of the. Intracoastal Waterway, and thence
run north 74 degrees 11 minutes east along said center line of Atlantic Boulevard a
distance of 511.21 feet to an angle point of said center line; thence run north 89 degrees
00 minutes 50 seconds east along said center line a distance of 1744 feet; thence run
north 00 degrees 59 minutes 10 seconds west a distance of 50 feet to the northerly right
of way line of said Atlantic .Boulevard for a point of beginning of the lands to be
conveyed by this description; thence continue north 00 degrees 59 minutes l0 seconds
west a distance of 430.98 feet to the north line of aforementioned section 19; thence run
north 88 degrees 24 minutes east, along the north line of section 19 a distance of 300.02
feet; thence run south 00 degrees 59 minutes 10 seconds east a distance of 434.19 feet to
the northerly right of way line of Atlantic Boulevard; and thence run south 89 degrees 00
minutes 50 seconds west along said right of way line a distance of 300 feet to the point of
beginning.
Less and excepting from the above described lands any portion described in Official
Records Book 8045, Page 48 of the current Public Records of Duval County, Florida.
.Less and excepting Parcel -129 as described below:
A portion of unsurveyed section 19, Township 2 South, Range 29 East, Duval County,
Florida lying north of Atlantic Boulevard (state. road no. 10) and a portion of the
Bartolome de Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 east,
Duval County, Florida and being more particularly described as follows: also. being. a
portion of the lands described in Official Records, Volume 7386, Page 1717 of the
current Public Records of said Duval County.
For a point of reference commence at the intersection of the west line of the Bartolome
de Castro y. Ferrer Grant, Section 38, Township 2 south, Range 29 east, Duval County,
Florida with the northerly right-of--way line of Atlantic Boulevard (state road no. 10) (a
right-of--way of varying width); thence south 89n30'37" west, along said northerly right-
of-way line, a distance of 431.346 meters (1415.17 feet) to the southeast corner of lands
described in Official Records Volume 7386, page 1717 of the current Public Records of
said Duval County for a point of beginning; thence continue south 89n30'37" west, along
said northerly right-of--way line, a distance of 44.059 meters (144.55 feet) to an angle
point in said northerly right-of--way line as depicted on the Florida Department of
Transportation right-of--way map .section 72100-2558, State Road No. 10, Sheet 5 of 6,
dated May 5, 1993 on file of record in the District Two Office in Lake City, Florida;
thence north 84n16'14" west, along said northerly right-of--way line, a distance of 47.662.
meters (156.37 feet) to a point on the westerly line of aforesaid lands described in
Official Records Volume 7386, Page 1717; thence north OOn29'23" west, departing said
northerly right-of--way line and along said westerly line, a distance of 42.081 meters
' AGENDA ITEM #7C
JANUARY 14, 2002
(138.06 feet); thence north 89n30'37" east, a distance of 16.901 meters (55.45 feet);
thence south OOn29'23" east, a distance of 36.527 meters (119.84 feet); thence south
SOnl4'03" east, a distance of 4.792. meters (15.72 feet); thence north 89n30'37" .east, a
distance of 45.111 meters (148.00 feet);- thence north OOn29'23" west, a distance of
18.288 meters (60.00 feet ); thence north 89n30'37" east, a distance of 15.188 meters
(49.83 feet); thence south 27n56'34" east, a distance of 5.L04 meters (16.75 feet); thence
south OOn29'23" east, a distance of 4.919 meters (16.14. feet); thence north 89n30'37"
east, a distance of 4.267 meters (14.00 feet); thence north OOn29'23" west, a distance of
9.449 meters (31.00 feet); thence north 89n30'37" east, a distance of 3.962 meters (13.00
feet) to a point on the easterly line of aforesaid lands described in official records volume
7386, page. 1717; thence south OOn29'23" east, along said easterly line, a distance of
25.908 meters (85.00 feet) to the point of beginning.: Containing 1675.4763 square
meters, (18034 square feet), more or less.
.,
F
AGENDA ITEM #7C
JANUARY 14, 2002
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COMMUNITY DEVELOPMENT STAFF REPORT
December 18, 2001 Public Hearing
Rezoning, REZ-2001-01
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: December 07, 2001
This item is continued from the .October 17, 2001. regular meeting.
.Subject: REZ-2001-01
Applicant: First Coast Catholic Communications, Inc.
391 14~' Avenue South
Jacksonville Beach, Florida 3.2250-4909
Requested Change: Rezoning from OR (Open. Rural) to SP (Special Purpose District) to
bring zoning into. compliance with the existing radio station use and
adopted amendments to the Zoning Regulations.
Location: North of Atlantic Boulevard and east of Intracoastal Waterway
Existing Zoning: OR (Open Rural)
Future Land Use: CON (Wetlands/Conservation)
Surrounding Zoning: CG and RG-lA
Surrounding Land Use: Intracoastal Waterway with associated wetland areas and major
transportation facilities.
AGENDA ITEM #7C
JANUARY 14, 2002
STAFF COMMENTS AND RECOMMENDATION
This rezoning request was submitted at the direction of staff to bring the existing radio station and
broadcast facility operated by WQOP (Queen of Peace) radio station into conformity with changes
to the zoning regulations that were adopted on November 26, 2001. This use has existed on the site
for over twenty years; and the property is zoned Open Rural (OR). The adopted amendments to the
zoning regulations- have to eliminated the Open Rural zoning category.
The radio station was permitted as an approved Use-by-Exception within the OR zoning district.
With adoption of the proposed amendments to Chapter 24, the radio station would continue to be a
legally permitted use, however, the zoning status of the property would be inconsistent with the
City's zoning and land development regulations. The existing use is not in conflict with the
Comprehensive Plan or the Future Land Use designation of Conservation, and as such, the zoning
designation should be changed to "fit" the use of the property.
Because this use, the location of the property, and the history of the property are unique, Staff has
recommended that the radio station property be rezoned to Special Purpose District. Particular
standards applicable to this site are set forth within the Special Purpose (SP) rezoning ordinance,
which is provided with this report.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the
..City Commission of the REZ-2001-O1, a rezoning to Special Purpose (SP) for lands as
described within attached Exhibit A, and as set forth within the application and supporting
documents, and. adopting the terms and conditions asset forth within the proposed ordinance,
provided:
(Provide findings of fact similar to the following, and attach other .conditions as may be
appropriate.)
1. The request for rezoning has been fully considered after public hearing with legal notice duly
published as required by law..
2. The rezoning to Special Purpose (SP) is consistent with the Comprehensive Plan and the
Future Land Use Designation of Conservation in thatthe use .does not create adverse
environmental impacts.
3. The rezoning to Special Purpose (SP) is consistent with the land development regulations for
the City of Atlantic Beach.
,,,,
4. The zoning district designation of Special Purpose (SP), and the specific use and special
conditions as set forth herein are consistent and compatible with surrounding development.
2
AGENDA ITEM.#7C
JANUARY 14, 2002
SUGGESTED ACTION. TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City.
Commission of the REZ-2001-O1, a rezoning to Special Purpose (SP) for lands as described
within attached Exhibit A, provided:
(Provide findings of fact similar to the following, and attach other conditions as may be
appropriate.)
1. The request for rezoning has not been considered after public hearing with legal notice duly
published as required by law because
2. The rezoning to Special Purpose (SP) is not consistent with the Comprehensive Plan and the
Future Land Use Designation of Conservation because
3. The rezoning to Special Purpose {SP) is not consistent with the land development regulations
for. the City of Atlantic Beach because
4. The zoning district designation of Special Purpose (SP), and the specific use and special
conditions as set forth herein are not .consistent and compatible with surrounding
development because
F:\USERS\Planning\REZONING FILES\REZ-2001-01 CDB Staff Report.Doc
3
AGENDA ITEM #7C
JANUARY 14, 2002
APPLICATION FOR AMENDMENT
TO ZONING. DISTRICT CLASSiFLCATION
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 httn://www/ci.atlantic-beach.fl.us
Date October 9.2001 _ File No. ~EZ' ZOC11'O ~ Receipt l
1. Applicant's Name New Covenant Educational Ministries, Inc ~~•~/~-~' ~oa.~„~- Cdr ~~~~~~~~~ /
2. Applicant's Address 391 14'~ Avenue South Tacksonville Beach Florida 32250-4909
3. Property Location North of Atlantic Boulevard and East of the Intercoastal Waterway
4. .Property Appraiser's Real Estate Number 172389-0000
S. Current Zoning Classification OR 6. Comprehensive Plan Future Land Use designation
7. Requested Action Rezone subiect property to Special Purpose District as described in Exhibit "A"
8. Size of Parcel 2.St 9. Utility Provider Septic Tank/We11 . .
10. Statement of facts and special reasons for requested rezoning, which demonstrates compliance with Section 24-62 of .
the City of Atlantic Beach Code of Qrdinances, Zoning and Subdivision Regulations. (Attach as Exhibit A.)
11. Provide all of the following information:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2} Legal size envelopes to each
property owner on the List. Do not include a return address. Each envelope must contain proper postage. The order
of the enveloyes must match the order in which the names appear on the list.
b. Proof of ownership (deed or certificate by Iawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a Letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies: five (5).
e. Application Fee. '
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THI5 APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Stev D' benow
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TffiS
APPLICATION .Name: Steven Diebenow
Mailing Address: 1301 Riverplace Blvd Suite 1500 Tacksonville FL 32207
- Phone: 904-346-5550 FAX:904-396-0663 E-mail: Sdiebenow@rttaw.com
# 4833443v1
AGENDA ITEM #7C
JANUARY 14, 2002
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Area Before 2.953 Acres (128,630 Sq. Ft.)
Acquisition 0.414 Acres (18,034 Sq. Ft) ~ r
Remainder 2.539 Acres {110,596 Sq. Ft.)
Parcel 129
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JANUARY 14, 2002.
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AGENDA ITEM #7C
JANUARY 14, 2002
- ~_
September 25, 2l)Ol
Jacksonviile City Council
Jacksonville Planning acid Development Department
Jacksonvillq Florida 32202
Re: Zoning Exception AEeat Authorization -
ladies and Gentlemen:
. you are herby adviscd• that tha undersigned, hessby authorized and empowers Rogers,
Towers, Bailey, Jones Fi Gay, P.A., to sock a zoning exception for the property described on the
attached application, and in connection to file such. applications, papers, documents, quests and
other matters necessary to secure a zoning exception on our behalf, .. ...
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ROGERS TOWERS
BAILEY JONES & GAY, P.A.
STEVE DIEBENOW ATTORNEYS AT LAW RIVERPLACE TOWER
(904) 346-5550 1301 RNERPLACE BLVD.
SDiebenow@rtlaw.com SUITE 1500
JACKSONVILLE, FL 32207-1811
TELEPHONE (904) 398-391.1
FAX (904) 396-0663
January 7, 2002
BY HAND DELIVERY cc o:
Honorable John Meserve ~cy commission
Atlantic Beach City Hall ~,cy Manager
800 Seminole Road ^ ciry Accorney
^ Press
Atlantic Beach, FL 32233
~1 F'r? :~
Re: WQOP Rezoning .Ordinance 2001-01 Dzte: _~~L_
Dear Mayor Meserve:
As you know the above captioned matter is scheduled to be heard by the Atlantic Beach
City Council on Monday, January 14 and Monday, January 28, 2002. This Ordinance was
recommended for approval by the Colnlnunity ,Development Board with several conditions.
Unfortunately, a few of the proposed conditions raise difficult issues for the radio station and
they respectfully request a slight modification and clarification to the conditions proposed by the
Community Development Board.
First, Section 3.3.c states that, "[t]here shall be no onsite wetland impacts." While the
radio station does not intend to fill any wetlands, they are not sure whether wetlands may have
been filled. by previous owners. As a result, the radio station requests that this language be
clarified and state that, "There shall be no additional onsite wetland impacts."
Next, the radio station is concerned about the way Section 3.3.d. is written. Presently this
condition states -that, "(a]ny additional construction shall require site plan approval by the
Community Development Board prior to the issuance of development permits." This condition
is a concern for the radio station for three reasons. First, future advances in technology, such as
digital a.m. radio, may require a different configuration or slight expansion of the radio station.
For example, the advert of this new technology would require a larger transmitter building and
different equipment because of the. dual broadcast requirements (i.e. broadcast at the same time
on both analog and digital equipment.) Second, in the event of a disaster or some other
unforeseen loss, the radio station should have the ability to rebuild any existing structures as they
existed prior to the loss. Finally, no such requirement was placed on previous SP districts. As a
result, the radios station respectfully requests that Section 3.3d. be amended to read as follows:
"Any construction that exceeds 35% coverage of the pr~erty shall require site plan approval by
the Community Development Board prior to the issuance of Development Permits. Site plan
approval by the Community Development Board shall not be required in the event that a portion
~, of the structures on site are damaged or destroyed and these structures are rebuilt within the
previously exlsting footprint."
ROGERS TOWERS
BAILEY JONES & GAY, P.A.
January 7, 2002
Page. 2
Third, Section 3.3.e. requires that, [t]he front (southernmost side) of the property shall be
landscaped in accordance with Chapter 24-177." There is only approximately eight feet on this
side of the property between the building and the property line. As a result, it will be very
difficult,. if not impossible, to comply with this requirement.. As a result, the radio station
requests that the condition be slightly modified to allow some flexibility as follows, "The front
(southernmost side) of the property shall be landscaped in accordance with Chapter 24-177 to the
extent possible."
Fourth, Section 3.3.f. requires that "there shall be no signs, and any existing signs shall be
removed." The radio station simply cannot comply with this condition because federal law
requires the radio station to identify itself to the public. As a result, a sign is required on the
property. The radios station requests. that signage be limited to sixty (60) square. feet in
accordance with the. existing sign permit that was recently issued. The existing permit allows the
old sign to be moved to a new location due to the road construction.
Finally, the radio :station requests that Section 3.3.g. be added to confirm that existing
permits, issued in accordance with .the appropriate federal, state and local regulations, will not be
affected by this rezoning. For example, an existing permit has been issued for the constn~ction `
,,<, of a new driveway and parking lot once the road project has been completed. Clearly, this
permit should not be affected, nor limited by the adoption of Ordinance 2001-01.
I have taken the liberty of enclosing a proposed revised version of Ordinance 2001-0 l
which highlights the proposed changes described above. We look forward to discussing these
proposed changes with you on January 14, 2002 at 7:00. p.m. If you have any questions or
require any additional information prior to the meeting please do not hesitate to call me at (904)
.346-5550.
..Sincerely,
Steve Diebenow
SD/smm
Enclosure
cc: Dr. Chris- Williams.(w/enclosure)
Paul Danese (w/enclosure)
Sonya Doerr (w/enclosure}
ORDINANCE NUMBER:
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA,
ADOPTING .ORDINANCE NUMBER ,
REZONING LANDS ` AS DESCRIBED HEREINAFTER
FROM THE PRESENT ZONING CLASSIFICATION OF
..OPEN RURAL (OR) TO SPECIAL PURPOSE (SP);
MAKING FINDINGS OF FACT; PROVIDING FOR
SPECIAL CONDITIONS; REQUIRING RECORDATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, First Coast Catholic Communications, Inc. the record owner of lands
described herein within attached Exhibit A, filed an application {File Number REZ 2001-O1) for
a zoning change dated October 09, 2001, as described hereinafter, and after required notice was
published, a public hearing was held on the day of , 2002, at 7:15 p.m. on said
application.
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens are protected and enhanced by the enactment
of this Ordinance, and
WHEREAS, the zoning change enacted by this Ordinance shall provide for orderly.
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and serve to accomplish
and implement the goals and objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the _th
day of , 2002 at 7:15 p.m. and on the _th day of , 2002 at 7:15 p.m. to heaz
and enact said Ordinance.
NOW THEREFORE, BE IT .ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTTON L Upon consideration of the application, supporting documents,
recommendation of the Community Development Board, and comments from the staff. and
citizens at the public hearings, the above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:.
a. The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
b. The rezoning to Special Purpose District (SP) is consistent with the Comprehensive Plan.
c. The rezoning to .Special Purpose District (SP) is consistent with the zoning and land
development regulations for the City of Atlantic Beach.
d. The zoning district designation of Special Purpose District (SP) and the .specific
permitted uses established by this Ordinance .are consistent and compatible with
surrounding development.
SECTION 2. Pursuant to this rezoning procedure, (File Number REZ 2001-01) the
zoning classification of Open .Rural (OR) of the lands described within the legal description,
attached as EXl-ITBIT A,
is hereby changed to Special Purpose District (SP).
SECTION 3. Special Conditions which shall apply to the .lands .referenced. herein shall
be as follows:
1. .The permitted use within this Special Purpose District shall be a telecommunication
and radio station broadcast facility. This Special Purpose District .has been
established in accordance with Ordinance 90-O1-172, Chapter 24, Zoning,
,,.,, Subdivision and Land Development Regulations, Sections 24-62 and 24-113, Code of
Ordinances for the City of Atlantic Beach, Florida:
2. .Accessory Uses and Structures shall be limited to those that -are incidental and
necessary to conduct this specifically permitted Use.
3. Site Requirements and Building Restrictions.
a. Minimum Yard Requirements: Front-Eight (8) feet.
Side and Rear -Zero (0) feet.
b. Building Restrictions. The maximum height for buildings and structures shall
be thirty-five (35) feet, except that the height for antennae shall be such height
as licensed by the Federal Communications Commission (FCC) and approved
by the Federal Aviation Commission. (FAA).
c. There shall be no additional onsite wetland impacts.
d. Any ae~~ak-construction that exceeds 35% coverage of the Dronertv shall
require .site plan approval by the Community Development Board prior to the
issuance of Development Permits. Site plan approval by the Community
Devel merit Board shall not be required in the event that a portion of the
s ctures on site re dammed or destroyed and that they are rebuilt within the
previous footprint.
e. The front (southernmost side) of the.. property shall be landscaped in
accordance with Chapter 24-177 o the extent possible.
f. mere my one si,~n of sixty (601 square feet shall be ,
. a .~r~ru'tted
g_ This ordinance shall not affect any permits issued prior to its adoption
-2-
~-
4. In the case that the specific use permitted herein is ceased for a period of twelve (12)
months or abandoned, the Zoning District designation shall remain Special Purpose
(SP), except that no future Use shall be permitted except in conformance with the
requirements of Sections 24-62 and 24-113, Chapter 24, .Zoning, Subdivision and
Land Development Regulations, and until the Ordinance establishing this Special
Purpose District is amended.
SECTION 4. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for vested
rights in accordance with applicable ordinances and laws.. Furthermore, notwithstanding any
provision of this ordinance, no portion of any ordinance, building code,. Comprehensive Plan or
any other regulation shall be deemed waived or varied by any provision herein.
SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 6. This Ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the zoning classification shall be
recorded on the- official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
official
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this _th day of , 2002.
Passed on final reading and public hearing this th of , 2002.
JOHN S. MESERVE
Mayor/Presiding Officer
.Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE '
City Attorney
,, .Attest:
MAUREEN KING
City Clerk
r '` AGENDA ITEM #8A
JANUARY 14, 2002
MINUTES OF MEETING OF
COMMUNITY DEVELOPMENT BOARD
December 18, 2001.
A regular meeting of the Community Development Board was held- Tuesday, December 18, 2001, in the
City Hall Commission Chambers. Present were Chair Don Wolfson, Robert Frohwein, Karl Grunewald,
Samuel Jacobson, Steve Jenkins, Mary Walker; Community Development Director Sonya Doerr and
Recording Secretary Susan Dunham.
1. Call to Order
The meeting was called to order at 7:00 p.m.
2. Pledge of Allegiance
3. Approval of Minutes of Meeting of November 20, 2001
A motion was made by Mr. Grunewald, seconded by Mr. Jenkins and unanimously carried to
approve the Minutes of the Community Development Board meeting of November 20, 2001..
4. Recognition of Visitors
None.
5. Old Business
~..~- a. Request to consider a recommendation to the City Commission of an application for rezoning of
property from Open Rural (OR) to Special Purpose (SP) to allow an existing radio station to
continue with the use restricted to radio station and accessory structures only. Said property
consists of approximately 2.5 acres and is generally located north of Atlantic Boulevard and east of
.the Intracoastal Waterway.
Ms. Doerr advised the Board that this Special Purpose District is very limited and addresses the unique
needs of the existing use of the property. She. further advised that since this item last came before the
Board in October, the new Land Use Code had been amended and adopted, and the legal description of
this property was. included in Section 21-14. She stated that it is important. to recognize that if this
property. is re-zoned to Special Purpose' District, this is the only authorized use of the property without
.coming before the Community Development Board and the City Commission.
Mr. Diebenow was not in attendance. (Arrives. at 7:1 S pm.}
Mr. Wolfson advised Ms. Doerr that he had hoped that this property would be given a Conservation
designation with aUse-by-Exception attached rather than a Special Purpose District. Ms. Doerr
responded that the Special Purpose District would provide tighter control and. that there is no provision
for this use as aUse-by-Exception in the Conservation Zoning District. .She stated that this Special
:Purpose District restricts the property to this use only, and it cannot be used for .anything else without
coming before the Community Development Board. Mr. Wolfson stated that he was concerned that they
were perpetuating that use indefinitely. Ms. Doerr responded that as long as .that owner owns that
property, they are entitled to continue this use.
Mr. Jacobson stated that this is spot zoning. He stated that if it stops being a radio. station, he would like
to see it revert to its original state. Ms. Doerr advised that if that use were to end, it would have to be
brought back to the Board to establish rights for another use. She further stated that in Section 24-103 in
the Intent Section, the following language was added, "Any use has to be consistent with the
-^ AGENDA ITEM #8A
Mincctes of Community Development Board JANUARY 14, 2002
December I8, ZD01
,-~.. Page 2
Comprehensive Plan." Ms: Doerr advised that this is a legal non-conforming use and if it goes away, any
future use has to be consistent with the Comprehensive Plan and the Comprehensive Plan designates that
as Conservation. She further advised that whether a telecommunication tower is consistent or non-
consistent with Conservation may be a legal issue.
Mr. Frohwein stated that if radio stations were a permitted use, then another radio station would not be
required to come before the Community .Development Board. He suggested that a Use by-Exception
instead of a permitted use would be further limiting. Ms. Doerr responded tha# even if this specific
permitted use expires if it ceases for twelve months or is abandoned, that any new use in a Special
Purpose District requires the Board's approval as would aUse-by-Exception. She further stated that. that
the radio station's legal description is part of the Ordinance establishing the Special Purpose District and
that this would have to be amended before any other use would be allowed or the SP district expanded.
Ms. Doerr explained that even though the property is rezoned Special Purpose, it would first be subject to
the conditions in the specific rezoning Ordinance in the package, since those provisions are more detailed
than the zoning regulations. Ms. Doerr advised the Board that it was her feeling that the level of
regulatory authority in a rezoning Ordinance is stronger than that of aUse-by-Exception.
Mr. Jacobson advised that the Ordinance and the new zoning classification were in conflict where the
zoning classification provides for abandonment after six months and the Ordinance. gives it a period of 12
months.
Mr. Steven Diebenow arrived at 7:15 p.m. and introduced himself. He stated that he was here on behalf
of the radio station. Mr. Diebenow explained that the reason they_asked for a year in the specific terms of
this Special Purpose District was that the radio station is run solely by contributions and donations by
benefactors, and that the regulations allowed the flexibility to ask for twelve months rather than six
months. He stated that if the radio station were to get knocked over, he did not know if six months would
be enough time to raise money and rebuild the radio station. In response to a question from Mr. Wolfson,
Mr. Diebenow responded that he thought Ghat the radio station carried insurance for that type of disaster
but he was not familiar with the insurance plan. He stated that the radio station is asking for one year to
put everything back in order, but if the Board thinks that six months is enough time, then the radio station
would have to work with that schedule. Mr. Diebenow reminded the Board that the radio station properly
has already been down-zoned and down` planned not once, but twice. Mr. Diebenow stated that from the
overall perspective, the radio station has had a significant erosion of their legal rights .and probably an .
actionable erosion of their rights. He further stated that he appreciated the accommodations and the
willingness of Staff, the Board and the City commission to work with them.
Discussion was held with regard to placing an ownership restriction which could possibly diminish the
property value or leaving the Ordinance as is and accepting the possibility that the property could be sold
to another "bigger and better" telecommunication firm. Ms. Doerr advised that zoning and ownership
should not be tied together. She further stated that land use regulations should look at characteristics of
use, not who owns the land, and that to make decisions based upon ownership is discriminatory. In
addition, she stated that the applicant should agree to a condition that ties ownership to the use of the
property.
Mr. Grunewald moved to recommend to the City Commission that this property be rezoned from
Open Rural to Special Purpose to allow an existing radio station to continue with the use restricted
to radio station and accessory structures only with the caveat that the radio station be landscaped
so that it would be aesthetically attractive. Mr. Frohwein seconded the motion.
.,.
Minutes of Community Development Board
`,,,,.-.... December 18, 2001
Page 3
AGENDA ITEM #SA
JANUARY 14, 2002
Discussion was held with regard to the possibility of the owner filling wetlands and building on all 2,5
acres. Ms. Doerr advised that a condition could be added, if the owner wants to offer this, then he would
have to come before the Board. Mr. Diebenow advised that the radio station does not intend to fill
wetlands the site.
Mr. Grunewald withdrew the motion and Mr. Frohwein withdrew the second.
Mr. Frohwein moved to recommend to the City Commission to approve the proposed ordinance
with the following caveats:
(1) to have a significant amount of Iandscaping on site to screen the existing building;
{2) no signage and remove the existing signage;
(3) no wetland mitigation or wetland impact on the property; and
(4) that any and alI future construction will be necessary to provide a site plan for this Board to
view and review prior to obtaining any building permits.
Mr. Grunewald seconded the motion.
Mr. Wolfson referred to Section 24-177, Requirements for Buffering. He stated that the landscape
element of Chapter 24 be incorporated so that it is maintained with the maximum amount of landscaping
without placing an excessive: burden on applicant. Ms. Doerr stated that she would work with the
applicant,
A -vote was called and Mr. Jacobson, Mr. Frohwein, Mrs. Walker and Mr. Grunewald voted in
favor of the motion and Mr. Jenkins. and Mr. Wolfson voted against the motion. Motion to
recommend approval of the requested rezoning carries.
-" ATTACHMENT C
JANUARY 14, 2002 COMMISSIDN MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Professional Engineering Services - Redesign of Aerated Sludge Holding
-Tank at Wastewater Treatment Plant No. 2
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: January 3, 2002
BACKGROUND: During expansion of Wastewater Treatment Plant No. 2, severe irreparable
damage was found on the existing sludge holding tank. The City Commission authorized Gannett-
Fleming to design a new 186,000-gallon aerated storage tank to replace the two. existing units.
Design of the new tank was nearly complete when Camp, Dresser & McKee (CDM) was.
contracted to complete the NPDES Permit Studies, to include a report on solids handling methods
for both wastewater treatment facilities. Permitting and construction of the new tank was placed
on hold in the event CDM's findings required process changes that might affect the sludge tank
design.
At present, sludge from Wastewater Treatment Plant No. 2 is held in aerated sludge holding tanks
until its transport by city staff in tanker trucks to Wastewater Treatment Plant No. 1. At
Wastewater Treatment Plant No. 1, sludge from both facilities is treated and dewatered prior to
disposal at the landfill. CDM's recommendation was to continue use of the drying beds at
Wastewater Treatment Plant No. 1 and add a thickening device at Wastewater Treatment Plant
No. 2 to reduce the. future size requirement for sludge holding tanks and decrease the number of
sludge loads transported between the two treatment facilities. Thickening the sludge will increase
the amount of solids and reduce the amount of liquid being hauled, resulting in fewer trips
between plants. Also, as plant flows increase, having thicker solids will reduce a need for
increased. tank sizes.
..Staff met with Gannett Fleming to discuss redesign of the sludge holding tank. After review, staff
requested a proposal to design a 90,040 gallon tank with piping for a future second tank and
thickening/dewatering device. A dual tank configuration will allow downtime for preventive or
corrective maintenance for each unit.
Gannett Fleming will develop and modify the previous design to include relocation and
reconfiguration of tank, piping, and walkways; recalculation of aeration demand, hydraulics,
diffuser grid, electrical power requirements and structural foundation; addition of fencing and
landscaping details.. They will also incorporate the plant roadway design (completed by Connelly
& Wicker) to improve flooding conditions at the treatment facility into the bid documents. Also.
included will be permitting, bidding and construction engineering services,: topographic survey and
geotechnical work.
i
AGENDA ITEM #8E
JANUARY 14, 2002
The total proposed engineering fee is $30,066. Design, permitting and bidding costs are $17,998
and represent 7% of the estimated construction cost for the project. Construction engineering
costs, including preconstructionrneeting, shop drawing review, field visits, pay request review,
,project startup and certification totals $8218 or 3% of the estimated construction cost. .The
remaining $3850 constitutes a subcontractor allowance. for the geotechnical, survey and
landscaping work.
BUDGET: A total of $275,000 was budgeted for this project under the Sewer Treatment
Fund in account number 410-5508-535-6300.
RECOMMENDATION: Award a contract to Gannett Fleming, Inc. in the amount of
$30,066 for. redesign and construction engineering services for the Aerated Sludge Holding Tank
at Wastewater Treatment Plant No. 2, and authorize the City Manager to sign the contract.
ATTACHMENTS: 1. Proposal from Gannett Fleming dated December 10, 2001.
REVIEWED BY CITY MANAGER:
G
AGENDA ITEM #8E
JANUARY 14, 2002
~(®]~ ~~h~~~~ rii'~~~~~ GANNETT FLEMING, INC.
[~ I ! Suite 15a
7751 Belfort Parkway
Jacksonville, FL 32256
DeCembeT 10, 2001 Oax~C(904) 332 933700
www.gannettfleming.com
Ms. Donna Kaluzniak
Department of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233-4318
Re: Waste Sludge Tank Design
Buccaneer Wastewater Treatment Plant
Atlantic Beach, Florida
Dear Ms. Kaluzinak:
Pursuant to your request and our discussions, Gannett Fleming is pleased`to provide the
attached Scope of Work and Manhour and Fee Estimate for the referenced pro}ect. It is
'''` our understanding that this will work will be authorized under. the current contract
between Gannett Fleming and the City of Atlantic Beach for the design and modifications
to the Buccaneer Wastewater Treatment Plant.
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
,/~>~%~-
Thomas C. Hawk, P.E.
Manager -Municipal Engineering Services
Enclosure
Cc: Mr. Robert S. Kosoy, P.E. w/encl ,
Mr. John Dougherty, P.E. w/encl
A Tradition of Excellence
AGENDA ITEM #8E
. JANUARY 14, 2002
Gannett Fleming
Scope of Work
Waste Sludge Tank Design
Buccaneer Wastewater Treatment Plant
City of Atlantic Beach, Florida
December 10, 2001
Purpose
The purpose of the Waste Sludge Tank Design is to provide a design fora 90,000-gallon
storage tank for sludge wasted from the Buccaneer Wastewater Treatment Plant. The
waste sludge will have a concentration ranging from 0.75% to 3.00% solids. The design
will provide for a future addition of a second waste sludge tank and sludge. dewatering
facilities. Design elements will be limited to the following:
90,000-gallon glass fused steel waste sludge tank
Decant piping
Access stairs and tank walkway
Course bubble diffused aeration system and piping
Positive displacement blower (1) with sound attenuation enclosure
Electrical and instrumentation for blower operation and level sensors
Site piping from existing sludge holding tanks to new tanks
Fencing around the perimeter of the City's property west of Regulus Drive
Landscaping buffer between new tank(s) and adj acent property owners
Incorporation of roadway design previously completed by Connelly -Wicker into bid
package without any alterations to those plans -.
The proposed design will modify a previous design predicated upon an 186,000-gallon
waste sludge tank. Due to the change in the tank capacity and location; design
modifications will address. tank foundation, location, aeration7mixing requirements,
diffuser design and arrangement, blower design points and selection, electrical
requirements of revised blower, etc. The design will also incorporate a roadway design
performed by others and allow for the bidding and authorization of both the roadway and.
waste sludge tank as one proj ect.
Scope
1. Gannett Fleming will develop and/or modify design documents. previously
prepared for the 186,000-gallon sludge storage tank.- The tankage design will
incorporate a .90,000-gallon' glass fused steel tank with decant piping, access stairs
and walkway foundation,, fill and drain. piping, and level indication
instrumentation. Aeration system requirements predicated. on tank mixing will be
reviewed and coarse bubble diffuser and air headers will be designed for the new
tank size. Air main hydraulics will be performed to confirm air main size
selection and for selection. of the positive displacement blower. Electrical
M:\GENERAL\BUSDEV1Proposals\City of Atlantic Bexh\Tank Design.doc
AGENDA ITEM #8E
JANUARY 14, 2002
Gannett Fleming
modifications required for the selected blower will be incorporated in the design
documents.
2. The design of Regulus Drive performed by Connelly -Wicker will be
incorporated in the design drawings for bidding purposes only. The sludge tank
project and Regulus Drive project will be combined. for bidding and contracting
purposes via the project scope, invitation, instruction to bidders, and form of bid.
Each project will stand alone from the standpoint of contract documents to allow
design responsibilities to remain with the respective design engineer..
3. Site improvements including perimeter fencing and landscaping to buffer adjacent
properties will be included in the contract documents.
4. Gannett Fleming will prepare an opinion of probable cost.
5. A topographic survey of the project construction site (Regulus Drive. and west of
Regulus Drive will be performed.)
6. A standard penetration test boring to 50 feet will be performed to provide a
determination of allowable soil loading and foundation preparation
recommendations.
7. Gannett Fleming will prepare the FDEP permit application for the construction of
the described wastewater facility improvements. This permit will be limited to
the new tankage and piping, and future tankage if applicable. (Without design
parameters and documents, permitting of sludge thickening and/or dewatering
will not be possible.)
8. Gannett. Fleming will provide bidding services including attendance at pre-bid
meeting, response to RFI's, issuance of addenda, and review and tabulation of bid
results.
9. Gannett Fleming-will provide the construction engineering services including
attendance of preconstruction meeting, up to four field visits to determine
compliance with contract documents and to resolve any field issues, review shop
drawing submittals, review pay requests, participate and attend prof ect start-up,
prepare final project certification. (Gannett Fleming will. not provide,full time
resident inspection under this scope of work.)
City Provided Services /Information
.The City of Atlantic Beach will provide the following information/data:
.,