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06-10-02 vCITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA -JUNE 10, 2042 Call to order Invocation and pledge to the flag Approve minutes of the Commission Meeting of May 28, 2002 2. Courtesy of Floor to Visitors 3. Unfinished $usiness from Previous Meetings 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 the following monthly reports: Occupational Licenses, Public Safety, Public Works (City Manager) B. Award a contract to T.W. Blount Jr. & Son Contracting in the amount of $57,003.10 for Sherman Creek Trestle Crossing Stabilization pursuant to the specifications of Bid No. 0102-2, and authorize the City Manager to sign the contract documents (City Manager) C. Authorize the Mayor to sign the application for State Revenue Sharing 2002-2003 (City Manager) D. Award contract to Crruhn May, Inc, in the amount of $95,321 for 3300 linear feet of sidewalk to be constructed on Orchid/Rose Streets and West Plaza, pursuant to the specifications of Bid No. 0102-18, and authorize the City Manager to sign the contract documents (City Manager) 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No, 90-02-171 AN QRDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NO. 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 8. Miscellaneous Business A. Public hearing and action on a request for ause-by-exception filed by Scott J. Morris Construction to allow on-premise consumption of beer, wine and liquor, limited wholesale operation, limited warehousing and contractor with no outside storage on property located at 725 Atlantic Boulevard (Former Pic `N' Save location) zoned Commercial General (CG) (City Manager) B. Discussion and related action on production of future City newsletters (City Manager) C. Authorize the City Manager to contract with Dowling Construction to make emergency repairs to the boardwalk at Tideviews Preserve in the amount of $22,846 (City Manager) D. Discussion and possible action regarding establishing a sister-city rt;Iationship with Nakhchivan City in Azerbaijan (Mayor) 9. City Manager 1 Q. 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, fiorans 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 ofhow 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 PIvI, Friday, June '7, 2002. Page 2 of 2 Agenda. June 10, 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, JUNE 10, 2002 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Paul Parsons and Dezmond Waters, Commissioners M S AND: James Hanson, City Manager o E T C Alan C. Jensen, City Attorney I o Maureen King, City Clerk o N N D ABSENT: Mike Borno, Commissioner COMMISSIONERS Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Beaver was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of May 28, 2002 BEAVER Motion: Approve the minutes of the Regular Commission PARSONS Meeting of May 28, 2002 as presented. WATERS MESERVE The motion carried unanimously. Mayor Meserve welcomed Holly Kartsonis and Art Graham, candidates for the Jacksonville City Council, to the meeting. 2. Courtesy of the Floor to Visitors: J.P. Marchioli of 414 Sherry Drive, inquired concerning the specification for the thickness of the sidewalk in Item 4D. Stephen Kuti of 1132 Linkside Drive provided historical information concerning Azerbaijan (Item 8D) and opposed asister-city relationship with a country in which we shared nothing in common. Bob Totter of 275 l lt" Street commented on the following items: (1) He was happy to see an entrepreneur planned to do something with the old Pic `N Save Building, (2) felt Mr: Scott from the FDOT should be provided information concerning the accidents on Mayport Road to support lowering the speed limit to 35 mph, and (3) that assessed values were V O T E S Y E N S O X X X X X Minutes Page -2- June 10, 2002 going up 11 %, taxes were already too high, and he would like the Commissioners to be frugal with the city's tax dollars. 3. Unfinished Business from the 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, which is attached and made part of this official record as Attachment A. He indicated that a revised Sign Ordinance and a report on options for beach parking would be presented at the June 24, 2002 Commission Meeting. 4. Consent Agenda: Mayor Meserve requested that Item D be removed from the Consent Agenda for discussion. A. Acknowledge receipt of the following monthly reports: Occupational Licenses, Public Safety, Public Works (City ,,, Manager) B. Award a contract to T.W. Blount Jr. & Son Contracting in the amount of $57,003.10 for Sherman Creek Trestle Crossing Stabilization pursuant to the specifications of Bid No. 0102-2, and authorize the City Manager to sign the contract documents (City Manager) C. Authorize the Mayor to sign the application for State Revenue Sharing 2002-2003 (City Manager) Motion: Approve Consent Agenda Items A-C as presented. There was no discussion and the motion carried unanimously. D. Award contract to Gruhn May, Inc. in the amount of $95,321 for 3300 linear feet of sidewalk to be constructed on Orchid/Rose Streets and West Plaza, pursuant to the specifications of Bid 0102-18, and authorize the City Manager to sign the contract documents (City Manager) Motion: Award contract to Gruhn May, Inc. in the amount of $95,321 for 33001inear feet of sidewalk to be constructed on Orchid/Rose Streets and West Plaza, pursuant to the specifications of Bid. 0102-18, and OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER X X PARSONS X X WATERS X MESERVE X BEAVER X X PARSONS X X WATERS X MESERVE X Minutes Page -3- June 10, 2002 authorize the City Manager to sign the contract documents. City Manager Hanson explained that Community Development Block Grant (CDBG) funds were available for sidewalk installation in Marsh Oaks and for the rehabilitation of the sanitary sewer on Jackson Road. He indicated that the total bid for the work was greater than the amount of CDBG funding. Mr. Hanson further reported that staff determined the prices for the sewer rehabilitation were high and CDBG funds should be spent on sidewalks for Orchid and Rose Streets and West Plaza. He indicated that the City of Jacksonville required that the funds be spent by the end of July. Utility Director Kaluzniak reported that the standard for sidewalk construction was five feet wide and four inches thick. There was no discussion and the motion carried unanimously. 5. Committee Reports: Audit Committee Report Commissioner Parsons reported that the Audit Committee met on June 4, 2002, to review the proposals. He indicated that after a complete discussion of the four firms' capabilities and a conference call to City Attorney Jensen to discuss the committee's responsibilities, it was felt that the Audit Committee should conduct the interviews and make a recommendation to the Commission. He reported that the Committee ranked the proposals and selected three firms to be interviewed. By consensus, the Commissioners agreed with the procedures outlined by Commissioner Parsons. The committee will interview the three top firms and present their recommendation to the city Commission. 6. Action on Resolutions There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 90-02-171 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, .COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE N0.90-02-171, REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE OMMISSIONERS M O T I O N S E c O N D Y E S N Q Minutes Page -4- June 10, 2002 PRESENT ZONING CLASSIFICATION OF OPEN RURAL (OR) TO SPECIAL PURPOSE (SP); FINDINGS OF FACT; PROVIDING FOR SPECIAL CONDITIONS; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve presented Ordinance No. 90-02-171 in full, in writing. Motion: Approve Ordinance No. 90-02-171 on first reading. Community Development Director Doerr explained the request as listed in her Staff Report dated May 24, 2002, which is attached and made part of this official record as Attachment B. Ms. Doerr briefly explained the conditions placed on the property by the Community Development Board and stated they had been somewhat modified and expanded, as shown on Page 2 of the memo. Ms. Doerr stated that since the Staff Report was written, the applicant had requested that the following changes be made to the ordinance: (1) Section 3, Item d be amended to read "Any wetlands filled on-site should be permitted in accordance with all applicable State and Federal regulations." She pointed out .that the city had no regulatory authority over wetlands; and (2) Section 3, Item c (iii) to include the following paragraph: "In the event that the Principal Building is reconstructed, the maximum height of the building shall be limited to fifteen (15) feet above Base Flood Elevation (BFE) as may be established, or amended, by the Federal Emergency Management Agency (FEMA) and limited to a single- story of enclosed floor area". Mayor Meserve opened the floor for a public hearing. Steven Diebenow ,the attorney representing Queen of Peace Radio Station, explained the reasons for the requests. He indicated that the radio station did not intend to build a structure more than one story or to exceed fifteen feet above the ground, but requested that this language be included so in the event FEMA redesignated the flood zone or if there was a flood staging requirement that required future buildings to be constructed a certain height above the ground, they would be able to reconstruct their building. J.P. Marchioli commented that the building might be destroyed by termites and the owners might want to build a two story structure ~'"°~°"` which would be a credit for the community. OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER PARSONS WATERS MESERVE Minutes Page -5- June 10, 2002 Since no one else wished to speak, the Mayor closed the public hearing. Commissioner Waters felt the building spoiled the view of the marsh and that in addition to the Community Development Board, the Commission should approve site plans for any future development permits issued for the site. Commissioner Waters requested that Section 3, Item e be amended to reflect the change. First Amendment to the Motion: Amend Section 3, Item e, by adding:...shall require site plan approval by the Community Development Board and City Commission prior to the issuance of any future Development Permits. Mayor Meserve felt there was a need for clear rules for approval or denial of any request for future development in a Special Purpose zone and that the rules should be included in the ordinance. Discussion ensued concerning the possible reasons for denial of any future development at the site. Community Development Director Doerr felt that a request could be denied only if it did not comply with the terms of the ordinance or if there were other agency permitting issues. She indicated that the applicant agreed with the language in the ordinance. City Attorney Jensen pointed out that Item e addressed site plan approval, which addressed the location of the building on the property, not the type of structure. Discussion ensued and Commissioner Waters inquired as to the size and number of permitted signs at the site. He indicated that he would like to see only one sign at the site. Motion: Delete the paragraph concerning wall or fascia signs from the ordinance. This motion failed for lack of a second. Second Amendment to motion: Approve all changes to the ordinance as recommended by staff. Mayor Meserve indicated that the final reading and public hearing would be held on June 24, 2002. There was no more discussion and the first and second amendments to the motion, and the main motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E S N Q BEAVER X PARSONS X X WATERS X X MESERVE X WATERS X BEAVER X X PARSONS X X WATERS X MESERVE X Minutes Page -6- June 10, 2002 S. Miscellaneous Business: A. Public hearing .and action on a request for ause-by-exception filed by Scott J. Morris Construction to allow on-premise consumption of beer, wine and liquor, limited wholesale operation, limited warehousing and contractor with no outside storage on property located at 725 Atlantic Boulevard (Former Pic `N' Save location) zoned Commercial General (CG) (City Manager) Motion: Approve Use-by-Exception as recommended by the Community Development Board. Mayor Meserve opened the floor for a public hearing and invited comments. Alan Dickinson, developer for the project, explained his proposed development plan for the North Beach Center in detail. A site plan, a proposed floor plan, and an illustration of the Art Deco facade for the high-end shopping center were displayed. Mr. Dickinson indicated that the request for warehousing at the back of the building was crucial to the project. Emphasis was placed on the full use of the building as requested in order to meet debt service on the $6M project. Mr. Dickinson also requested Commission consideration of the following additional items: (1) That he be allowed to purchase the small city-owned parcel at the .rear of the site to create an additional access point on Cavalla Road, (2) that he be allowed to use city right-of--way on Sailfish Drive for pick up and commercial delivery on the east side of the building. He felt this item was vital to the success of the project since any restaurant locating in the building would not want to accept deliveries through the front of the building, (3) that the Community Development Board's recommended hours of operation for the seven- (7) rear spaces be changed from 7:00 a.m. to 9:00 p.m. to 5:30 a.m. to 9:00 p.m., and (4) that the Art Deco facade element of the building be allowed to exceed the thirty-five (35) feet height limitation. Mike Boyle of 401 Sailfish Drive stated that he opposed early morning operation and truck usage of Sailfish Drive. No one else wished to speak and the Mayor closed the public hearing. Mayor Meserve recapped the requested use-by-exception, which included on-premises consumption of beer, wine and liquor, limited wholesale operation, limited warehousing and contractors with no outside storage. OMMISSIONERS M O T I O N S E C O N D ' Y E S N Q BEAVER X X PARSONS X X WATERS X MESERVE X Minutes Page -7- June 10, 2002 Community Development Director Doerr explained that the Community Development Board made no recommendation concerning exceeding the height limits for the facade since by code, only the City Commission could make that determination. Community Development Director Doerr explained relative to use of the city right-of--way on Sailfish, the code required that off-street loading be provided on-site, but that it also contained a mechanism for a waiver to the requirement, which was the use-by-exception. It was pointed out that there were practical issues to be considered, and Ms. Doerr expressed concern for setting a precedent to allow off-street loading on city right-of- way. Commissioner Beaver expressed concern that the project might: not progress as presented and he did not want to see a strip mall with four bars on the site. It was pointed out that the Commission could put any conditions it wanted on the project. He stated he could agree to the increased height of the facade, but did not want the neon lights to be intrusive to the residents living behind the building. Commissioner Waters stated that he did not favor allowing a height ,~. increase or granting four consumptive use permits for unknown businesses. He was opposed to any night club-type operations going in the building. Commissioner Parsons favored the project and stated that he had no problem with the increased height for the facade. Mayor Meserve stated he had visited the site and favored maintaining the current height limitation of 35'. He also expressed concern that it was difficult to grant the use-by-exception based on an artist's concept. Mayor Meserve felt language should be included which stated that the project would be built substantially to the design as presented at the meeting. Mayor Meserve stated that large delivery trucks would either have to make a u-turn on Cavalla Road to come back to Sailfish Drive or go out Cavalla Road, which is a residential street. He felt use of the city right-of- way for unloading large trucks presented a safety issue. He also stated that he had no problem selling the city parcel and the city would obtain an independent appraisal of the property to set the value for the sale. Mr. Dickinson agreed to including language in the use-by-exception indicating that the redevelopment of the former Pic `N Save store would ~~ look like the artist's rendering for the North Beach Center as presented to the Commission. Mr. Dickinson stated he would be receptive to delaying OMMISSIONERS M O T I O N S E c O N D Y E S N Q ~i Minutes Page -8- June 10, 2002 authorization of the four consumptive use permits until the businesses were known, and agreed to keep the facade at thirty-five feet. Mr. Dickinson felt it was essential to have the following requests granted: (1) The use of Cavalla Road access and he agreed that it would be used as an exit-only, right turn egress with raised curbing, (2) use of the city right- of-way for off-street loading in order to keep a major restaurant chain interested in the site, and (3) the redevelopment of the rear of the building into seven (7) bays of showroom office/limited warehousing/limited wholesale operations and contractors use with no outside storage. Commissioner Parsons felt operations should not begin before 6:30 a.m. He stated that he had walked around the site and felt this was a good project to revitalize the. area and urged the Commission to approve it. A lengthy discussion concerning the use of Cavalla Road, warehousing operations and parking on the city right-of--way ensued. Commissioner Beaver concurred that the hours of operation should be limited to 6:30 a.m. - 9:00 p.m., and stated he could not support parking on the Sailfish right-of--way. ,,.. Commissioner Waters inquired concerning the choice of Art Deco for the shopping center and indicated his. preference for a more traditional look. Commissioner Water suggested access from the front for the restaurant, but Mr. Dickinson felt this was not practical. Mayor Meserve indicated that the Commission needed to work through all of the issues in order to give Mr. Dickinson an answer to his requests. Following a complete discussion of the requested items a motion was put forth as follows: Amendment to the main motion: Accept the recommendation of the Community Development Board and approve the use- by-exception filed by Scott J. Morris Construction with the following amendments: (1) Time of operation relative to contractor activity will be from 6:30 a.m. to 9:00 p.m., (2) the height for the front fagade will be limited to thirty-five (35) feet, (3) the city property will be sold at a price determined by an independent appraisal and then negotiated between the city and developer, (4) relative to truck traffic at the back of the building, Cavalla Road access will be constructed as an exit- only, right-turn only egress with raised curb, exiting in front of two homes on Cavalla Road, (5) the developer will meet design considerations as shown in the artist's rendering of the shopping center, (6) approval granted for limited warehousing as requested, (7) all .landscaping requirements will be met, and OMMISSIONERS M O 'r I O N S. E c O N D • Y E S N Q Minutes Page -9- Tune 10, 2002 Fem. (8) approval granted to allow for the on-premise consumption of beer, wine and liquor in not more than four (4) spaces, and (9) deny request for off-street loading on the Sailfish': right-of- way. There being no further discussion, the amendment to the motion and motion carried by a three to one vote with Commissioners Beaver and Parsons and Mayor Meserve voting aye and Commissioner Waters voting nay. For clarification, an amended list of conditions of the use-by-exception is listed below: 1. The architectural design of this Development Project shall be generally as presented within the application for Use-by-Exception (File #Use-by-Exception-2002-04.) 2. The architectural facade element, which is proposed to be constructed on the south elevation of the building, shall be limited to thirty-five (35) feet in height and shall contain no signage. 3. Uses which shall occupy any of the thirteen spaces on the southern frontage of the building shall be limited to those as set forth within Section 24-111(b), Permitted Uses, with aUse-by-Exception to allow for the on-premise consumption of beer, wine and liquor in not more than four (4) spaces. 4. The seven (7) spaces, which shall occupy the rear portion of the building, shall be limited to a combined total floor area not to exceed 36,000 square feet. Uses shall be limited to those as set forth within Section 24-111(b), Permitted Uses, and Uses-by Exception limited to: a. Contractors with no outside storage; no outside parking of heavy equipment or commercial construction related vehicle vehicles, no construction activity occurring on-site, and no daily contractor related activity occurring before 6:30 am or after 9:OOpm. b. Limited Warehousing and Limited Wholesaling restricted only to consumer products and goods as defined by Standard Industrial Classification Industry Groups 504-Professional And Commercial Equipment; 502-Furniture And Home Furnishings; 5111-Printing and Writing Paper; 5112- Stationery and Office Supplies, 5113- Apparel, Piece Goods, And Notions. ,~ c. All uses identified by Section 24-112, Light Industrial and Warehousing Zoning Districts shall be prohibited, except for such OMMISSIONERS M O T I O N S E C O N D Y E S N 0 BEAVER X X PARSONS X X WATERS X MESERVE X Minutes Page -10- June 10, 2002 use as may also be Permitted Uses in the Commercial General Zoning District. 5. Commercial traffic shall be limited to existing ingress and egress points on Atlantic Boulevard and Sailfish Drive, East and Cavalla Road. If constructed, the Cavalla Road access shall be designed and constructed as an exit-only, right-turn only egress with raised curbing and signage, which shall restrict use of the Cavalla Road driveway accordingly. 6. A unified sign plan shall be approved by the Community Development Director, which shall comply with the City's sign regulations, and which demonstrates a common theme with respect to sign type and construction, illumination, size, style and color. All owners and lessees, and any assigns seeking sign permits within this Development Project shall be subject to this unified sign plan. B. Discussion and related action on production of future City newsletters (City Manager) Commissioner Waters suggested publication of a bi-monthly newsletter. Discussion ensued concerning costs and funding for the newsletter. It was felt that it was important to continue publishing the newsletter since it would provide a source of information for residents during the Core City construction project. Motion: Authorize staff to produce a monthly tri-fold newsletter printed on both sides of one sheet of paper, and direct staff to bring a proto-type to a future meeting for Commission approval. There was no more discussion and the motion carried unanimously. C. Authorize the City Manager to contract with Dowling Construction to make emergency repairs to the boardwalk at Tideviews Preserve in the amount of $22,846 (City Manager) Motion: Waive the bid process and authorize the City Manager to contract with Dowling Construction to make emergency repairs to the boardwalk at Tideviews Preserve in the amount of $22,846. OMMISSIONERS M O T I O N S E C O N D Y E S N C BEAVER X X PARSONS X WATERS X X MESERVE X BEAVER X X PARSONS X WATERS X X MESERVE X Minutes Page -11- June 10, 2002 forward with the project as soon as possible since that portion of the park had been closed since the fire. Commissioner Waters felt serious consideration should be given to providing for park protection. There was no discussion and the motion carried unanimously. D. Discussion and possible action regarding establishing a sister-city relationship with Nakhchivan City in Azerbaijan (Mayor} Mayor Meserve stated that he was not in favor of the request. He felt that Nakhchivan City in Azerbaijan was a remote industrialized city sharing little in common with the City of Atlantic Beach. He felt there was a language barrier and asister-city relationship with the city would require considerable staff time and funding. Commissioner Waters suggested placing an article in the first newsletter to see if any citizen was interested in taking on the project. ,,,. Commissioner Beaver inquired as to how asister-city relationship worked. City Manager Hanson indicated that he had experience with sister-city projects and would report on those experiences at the next meeting. 9. City Manager City Manager Hanson reported on the following items: • Reported that lead base paint had been found during renovations to the Adele Grage Community Center and a Change Order in the amount of $15,737 to neutralize the lead base paint had been submitted by the contractor. City Manager Hanson requested Commission authorization to make the expenditure on an emergency basis so as not to delay the work. There were no objections to the emergency expenditure. • Announced that Michael Fields, a Wastewater Treatment Plant Operator, had been chosen Employee of the Quarter. ~ Utility Director Kaluzniak distributed Water Quality. Reports for the Atlantic Beach and Buccaneer Districts tv the Commissioners. OMMISSIONERS M O T I O N S E C O N D Y E S N Q Minutes Page -12- June 10, 2002 ..,._.. • Reported that a notice had-been received from the Tax Assessor's Office indicating property values in Atlantic Beach had increased 11.3%. Reported that the city would take over maintenance of the flyover landscaping on July 3rd. The City Manager indicated that the City of Neptune Beach wished to contract with the city to provide landscape maintenance for their side of the flyover, and he was working out an agreement with them. Commissioner Beaver reported that there were weeds in the landscaping and felt the city should not be responsible for removing them. City Manager Hanson indicated that there were also irrigation problems and he would be speaking to the JTA concerning this matter. 10. Reports and/or requests from City Commissioners and City Attorney ~,.,, Commissioner Waters Referenced minutes from a recent Tree Board meeting and stated that he was unhappy that the applicant was allowed to remove trees on cityright-of--way. City Manager Hanson explained there was a 100% mitigation requirement for this type of request. • Commented concerning sending the accident information relative to Mayport Road to the FDOT and Chief Thompson responded that they already had the information. • Requested that he be informed of proposed changes to the Sign Ordinance in advance of having to act on same. Commissioner Parsons • Reported that a sea turtle would be used as the working logo for the Core City Project. OMMISSIONERS M O T I O N S E c O N D Y E S ~] Q Minutes Page -13- June 10, 2002 There being no further discussion or business to Commission, the Mayor declared the meeting ~c Attest: ~,~ Maureen King i ~'~ Certified Municipal Cle~rk~;.~ before the City °d at 10:10 p.m. erve n~ Officer OMMISSIONERS M O z I O N S E c O N D Y E S N q ATTACHMENT A -- JUNE 10, 2002 COMMISSION MEETING .n°"~.,, June 3, 2002 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans "City anager "~ SUBJECT: Follow-up port Proposed Revisions to Sign Ordinance (Chapter 17); At the last Commission Meeting, staff was requested to propose possible language for the City Code that would regulate subdivision signs located on public right-of--way. The current year's strategic plan calls for the review and updating of several chapters in the City Code. Staff has already been working on possible :amendments needed to Chapter 17 "Signs and Advertising Structures" and plan to have those ready for presentation to the Commission at the second meeting in June. Possible wording to regulate subdivision signs on public right-of--way will be included in that draft. Speed Limit Petition for Sherry Drive; A petition was presented from residents of the Sherry Drive area requesting that the City lower the speed limit to 20 mph. David Thompson has' recommended that the Commission delay any decision on this request until after construction in the area is completed, normal traffic resumes and police. officers have a chance to check the .speed that motorists will be driving. With this information in hand, .the Commission could consider whether. a problem exists and, if so, the best ways to deal with it. A report from the Police Department should be available in late July. _ Beach Parkin; City staff was asked to-look into alternatives to maintain beach parking in our City. It was noted that some residents close to the beach had eliminated parking spaces by installing landscaping or other physical barriers to keep others from parking next to their homes. City staff has discussed a number of related options and concerns. We plan to have a report of options available to the City Commission with a target date for completion by second Commission meeting in June. ,,....,. P ATTACHMENT B - JUNE 10, 2002 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF .REPORT AGENDA ITEM: .Rezoning. of WQOP (Queen of Peace radio station) property This item is continued from the .Ianuary 02, 2002 meeting. SUBMITTED BY: Sonya Doerr, AICP, Community'Deveiopment Director DATE: May 24, 2002 BACKGROUND: This rezoning to Special Purpose District (SP) will bring the existing radio station use into compliance with the amended zoning regulations, which became. effective January 1st of this year. The zoning of this property was .designated as Open Rural (OR) at the time this area was annexed to the City of Atlantic Beach. Radio antennae and associated uses .were permissible under- the Use-by-Exception provisions within the Open Rural Zoning District. The Open Rural District, however, has been eliminated. as a Zoning District Classification.. The proposed rezoning was considered by the Community Development Board at their December 18, 2001 meeting. The CD Board, recommended approval of the rezoning 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. The Applicant has .advised staff that FCC regulations require certain -signs and notices to be placed upon radio transmission towers, and the applicant also wishes to place signs on the property identifying the radio station. A maximum number, size and height of signs (in addition to that as required by FCC regulations) is suggested within the proposed ordinance, although these dimensions maybe established as the Commission finds appropriate. This rezoning to Special Purpose District specifically limits the use of this property to the existing radio station use and accessory uses customary to a radio station. 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 require approval of the City Commission. and consistency with the Comprehensive Plan.. Additionally, the CD Board has recommended that any .additional .construction on this site require approval of a site plan by the CD Board. A recommendation related to allowable building height was not provided by the CD Board; however, Staff recommends that a height .criteria be established. A maximum building height is proposed (Section 3.c.iii of the proposed Ordinance) at 15-feet, or one-story, for the main Building and 12 feet for any Accessory AGENDA ITEM #7A JUNE 10, 2002. ,.~~~ Structures. With the exception of height and signage criteria, the recommendations provided above are those as provided by the CD Board at their December 18, 2001 meeting. Since that meeting, the Applicant has met with Planning Staff and .the City Manager to discuss further conditions related to maximum height of buildings, signage, landscaping and re-painting of the existing building to a color that would "blend" with the surrounding marsh and wetland .environment. At this time, the applicant has not further advised Staff related to these earlier discussions. Staff offers the following conditions, and modifications to the CD Board's conditions, for the Commission's consideration. (These .conditions are contained within the attached proposed ordinance.) • ~l~n~'~~~e-ate-~r~.~i~t° r°*'~ra * .There shall be no filling of onsite jurisdictional wetlands beyond those for which permits have been issued as of the effective date of this rezoning. • Any additional construction, which increases the Floor Area of the existing Principal Building or replaces the existin Principal Building,. shall require site plan approval by the Community Development Board prior to the issuance of any future Development. Permits_ • The maximum height for the Principal Building shall not exceed one-stor and (15~ feet, and the maximum height for any Accessory Buildings shall not exceed twelve (12) 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 CFAA~ • The southern side of the pro e~rty extending an east-westerly distance of approximately one-hundred (100) feet and the western side of the ~ e~rty, extending a northerly distance of eighty (80) feet shall be landscaped in accordance with Chapter 24-177 to provide a ten (10) foot wide continuous buffer around the building and accessory equipment The property owner shall consult with City staff to determine plant materials appropriate to this marsh environment Landscape shall be continuously maintained in a healthy condition • The existing buildings shall be painted in a color that blends with the natural environment surrounding this site The property owner shall consult with the Community Development Director to determine an appropriate color • The maximum number size and height of any Suns (in addition to those as required by FCC regulations) shall be• a. one Freestanding Sign, not to exceed sixty~60) square feet of Si Dis~lay Area and twelve (12) feet in hei~ht• Such Sign shall be a monument style externally and around illuminated Sign and shall be constructed of wood high density urethane or similar materials provided that no plastic or vinyl Sign face shall be used. The base of such Sign shall be landscaped 2 • ~ AGENDA ITEM #7A JUNE 10, 2002 ,~,""^,~ b. one Wall or Fascia Sign not to exceed twent -fy our (24) square feet of Sign Dlsplay Area. Wall or Fascia Sign shall benon-illuminated .RECOMMENDATION: Subject to the above conditions or those as recommended by the Commission, motion to approve Ordinance Number 90-02-171 (File Number REZ-2001-01), 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 supportin aterials. REVIEWED BY CITY MANAGE 3 > AGENDA ITEM #7A JUNE 10, 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, Inc. the' record owner of lands described herein within attached Exhibit A, filed an application (File Number REZ 2001-01) .for a zoning change dated October 09, 2001, as described hereinafter, and WHEREAS, after required notice was published, a public hearing was held on the 10th day of June, 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 1. 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. c. The rezoning to Special Purpose District (SP) is consistent with the .zoning and land development regulations for the City of Atlantic Beach. 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). Ordinance 90-02-171 Page 1 of 3 AGENDA ITEM #7A JITNE 10, 2002 } ,,~ SECTION 3. Special Conditions, .which shall apply to the landsreferenced herein, shall 1 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-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.. 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. ii. Side and Rear -Zero (0) feet. iii. Building Restrictions.. The maximum height for the Principal Building shall not exceed one-story and (15) feet, and the maximum height for any Accessory Buildings shall not exceed twelve (12) 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). d. There shall be no filling of onsite jurisdictional wetlands beyond those for which permits have been issued as of the effective date of this rezoning. e. Any additional construction, which increases the Floor Area of the existing Principal. Building or replaces the existing Principal Building, shall require site plan. approval by the Community Development Board prior to the issuance of any future Development Permits. f. The southern side of the property, extending aneast-westerly distance of approximately one-hundred (100) feet and the western side of the property, extending a northerly distance of eighty (80) feet shall be landscaped in accordance with Chapter 24-177 to provide a ten (10) foot wide continuous buffer around the building' and accessory equipment. The property owner shall consult with City staff to determine plant materials appropriate to this marsh environment. Landscape .shall be continuously maintained in a healthy condition. g. The existing buildings shall be painted in a color that blends with the natural environment surrounding this site. The property owner shall. consult with the Community Development Director to determine an appropriate color. h, The maximum number, size and height of any Signs (in addition to those as required by FCC regulations) shall be: • .one Freestanding Sign, not to exceed sixty (60) square feet of Sign Display Area and F twelve (12) feet in height; Such Sign shall be a .monument style, externally and ground illuminated Sign and shall be constructed of wood, ..high-density urethane or Ordinance 90-02-171 Page 2 of 3 AGENDA ITEM #7A • JUNE 10, 2002- ;;..~,, similar materials, provided that no plastic or vinyl Sign face shall be used.. The base of such Sign shall be landscaped. • one Wall or Fascia Sign not to exceed twenty-four-(24) square feet of Sign Display Area. Wall or Fascia Sign shall be non-illuminated. i 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 thatdevelopment 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 fmal 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 onfirst reading and public hearing by-the City Commission of the City of Atlantic Beach this 10th day of June, 2002. Passed on final reading and public hearing this 24th of June, 2002.. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN G JENSEN, ESQUIRE .City Attorney ,', Attest: MAUREEN KING City Clerk ' Ordinance 90-02-171 Page 3 of 3 .AGENDA ITEM #7A JUNE 10, 2002 Exhibit A ' A portion of unsurveyed Section 19, Township 2 South,. Range Z9 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 10 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 3$, 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 738b, 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 #7A JUNE 10, 2002 (138.06 feet); thence- north. 89n30'37" east, a distance of 16.90T meters. (55.45 feet); thence south OOn29'23" east, a distance of 3.6.527 meters (119.84 ,feet); thence south SOn14'03" 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 1.5.188 meters (49.83 feet); thence south 27n56'34" east, a distance of 5.104 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" went, 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. ~, .t 1 f. ..~_.. AGENDA ITEM #7A ' JiINE 10,.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 1Vlinutes 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 ~i~ 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 proQerty • • 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 properly 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 properly 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 Minutes of Community Development Board _ December 18, 2001 Page 2 'AGENDA ITEM #7A JTJNE 10, 2002 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 aUse-by-Exception instead of a permitted use would be further limiting. Ms. Doerr responded that 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 that 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 property 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. . AGENDA ITEM #7A Minutes of Community Development Board JUNE 10, 2002 _ December 18, 2001 Page 3 O``-. ~ 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. GrunewaId 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 landscaping 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 aIl 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. - AGENDA ITEM #7A ...: JUNE 10,..2002. ~ ~ r Yt y , , am 1/~~r Y _~ 2~tl/ \ ~ f * /~ COl%11VIUNITY DEVELOPMENT STAFF REPORT December 18, 2001 Public Hearing Rezoning, REZ-2001-O1 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, ZD01 regular meeting... ' Subject: REZ-2001-01 Applicant: First Coast Catholic Communications, Inc. 391 14~' Avenue South Jacksonville Beach, Florida 32250-4909 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 Boulevazd and east of Intracoastal Waterway Existing Zoning: OR (Open Rural) Future Land Use: CON (Wetlands/Conservation) Surrounding Zoning: CG and RG-1A Surrounding Land Use: Intracoastal Waterway with associated wetland areas and major ~°^^. ..transportation facilities. AGENDA ITEM #7A JUNE 10, 2002 STAFF CONIlVIENTS 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-2fl01-01, 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 as set forth within the proposed ordinance, - pr~vided: (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 that the 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 Atianfic Beach. 4. The zoning district designation of Special Purpose (SP), and the specific use and special canditions as set forth herein are consistent and compatible with surrounding development. 2 . AGENDA ITEM #7A - _ JUNE 10, 2002 ,~».., SUGGESTED AC7CION TAO 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 Iaw because - 2. The rezoning- to Special Purpose (SP) is not consistent with the Comprehensive Pian 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 fem. 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 c ~~----~,, F:IUSERS1PlanninglREZONING FIr.ES1REZ-2001-0I CDB StaffReport.Doc 3 AGENDA ITEM #7A JUNE 10, 2002 Al'PLIC~iTION FOR AMENDMENT TO ZONING DISTRICT CLASSIFICATION.. City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: {904) 247-5800 FAX (904) 247-5805 ~ http://www/ci.adantic-beach.fLus File No. f~ Ez ' Od l 'O ~ Recei t Date October 9. 2001 p 1. Applicant's Name New Covenant Educational Ministries, Inc. ~~•~-~" ~o~^ C.4~ei ~v~w,~c~.~~T'sw-^',~'~ 2. Apglicant'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. Progeny Appraiser's Real Estate Number 172389-0000 5. Current Zoning Classification OR 5. 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 2St 9. Utility Provider Seytic TanldWell -x,,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 Ordinances, 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 envelopes must match the order in which the names appear on the list. b. Proof of ownership (deed or certificate by Lawyer or abstract company or titlecompany 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. t . I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name{s): Stev D'ebenow Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TffiS APPLICATION Name; Steven Diebenow Mailing Address: 2301 Rivernlace Blvd., Suite ISOOt,Taclzsonvill'e. FL 32207 - Phone: 904-346-5550 FAX:904-396-0663 E-mail: Sdiebenow@rtlaw.com # 4833443v1 Atlaatic Boulevard <,.. ACQUiSITICN SKETCH £0 pfd. ~~T1IhISI23-C3 t84IIDZ706 95.~G0 Z80Z/80/0I .AGENDA ITEM #7A JUNE 10, 2002 <.""° `- Scptembez 25, 2W1 Jacksonville City Council JscksonviIIc Planning and Development Depattnuat . Jacksonville, Florida 32202. Re: Tatting Exception AEeat Auihocixailan Ladies and Gentlemen: You are hereby adviaed• that the undersigned, hexzby authorized and empo~ucrs Rogrrs, Towers, Bailey, Jones 8r, Gay, P.A., to seek a zoning exception for the propezry described on the attached application, and in connection to file such applications, papers, docttmcats, ttgsiests and other matters necessary to secure a zoning exccptian on our behalf. • ~, t Q CE Name G~c....~,_ Its: z":. ~- -~----~_ _ ~~Dakbph:ODM.1~tli00RfM+rfeo21R~ ~. , 90 ~1d 9~TIIAISI~!-D ZBbLIbL>85 3S=L9 IHOZ/80/BS ~ . MAP TO SI~TOW SKETCH OF PROPOSED CLO,S'URE FOR WEST 14TH STREET AS SHOWN ON MAP OF SECTION "H" ATLANTIC BEACH AS RECORDED fN PLAT BOOK ?8, PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LYING BE`1~'WEEN `~'°ULIf' STREET ANU THE. MARSH OF THE fNTRACOASTAL WATERWAY/PABLO CREEK ~o. rv nm ~~ °j Q ~~ ~Fq F~SMe~T ` ~ ~ ~ ~, , i i o ~. / .\ / \/ ~S~7 • (SOAR sT SCj7~ >>,'~~ee~ O©, F v h ry I ,.'., rC- o, ~ ~ v ~P~~ ,'~~~. ~ ~ o ~ - ~ ~~~ .C? Q~ P~ ~v ~c'~ ~ ~~ Q h ~ ~o ~ ~e-~ N ~~ Q~ ry / f ~~~oP wQ' fir- ~' i / i '' i P~ O ~ P ~ ~ - ~ O Qv / ~~ ~~ ~ ~U _ / O~ N ~~ . ~0~ ~~~~ • ~ ~~ .E- ~°~ ~ `~ ~' P ' '~~ ~ v- w ~ n f3TES: FARING REFERENCE: N89'04'S4"E FOR THE NORTH LINE OF WEST 14TH STREET PER MAP OF HIDDEN .PARADISE, PLAT BOOK 54, AGES 97-976. ~, iFiIS SKETCH IS NOT A BOUNDARY SURVEY. i HERESY CERTIFY THAT THIS SKETCH, PERFORMED UNDER I~1Y RESPONSIBLE DIRECTION MEETS THE LEGENDI MIPJiMUM TECHNICAL STANDARDS FOR LAND SURVEYORS IN ACCORDANCE WITH CHAPTER 61G17-6, FLORIDA ADMIPJISTRATIVE CODE (PURSUANT TO SECTIOPJ 472.027, FLORIDA. STATUTES) i 1%2N POUND RRON MBN1704 T CL~RSON AND ~-SS6ClATES, INC. B.R.L BUILDING RESTRICTION DUNE 1643 NALDO AVE., JACKSONVILLE, FL., 3220? ~ CENTRAL ANGLE. R RADIUS AP(-ZIL 3Q 1 ARC LENGTH DATE , ZOOL. ~ ~ CH CHORD SCALE: 1 " 4d' REGISTERE SURVEYOR NO. 4487, FLORIDA JOSE A. NILL JR: r ~ .~A.P TO SHOW SKET~'H OF FROPDSED CLOSURE FOR REMAINING RIGHT OF WAY OF TULIP STREET AS SHOWN ON MAP OF SECTION "H" ATLANTIC BEACH AS RECORDED. 1!V PLAT BOOK 7 8, °~' PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, ELC~RtDA, LYING BETWEEN }iVES?' ?4`fiH S`1`REET AND LAUREL WAY <~., L~ ~ O. ~\ 'A ~ ~ ~O ~ J ~Q O ff. ~ i. ~ ~ ~ ~ .\ ~ ~ ~ ~~ • ~ .~, . \ ~. `,~. <O ~ ~ ~ 9 , \ i ~ ~% ~~ ~~ ~ T~ i. Q \\ , ' ~\ ~ ~ ~ ~ , ~ \\ O~- \ •,\ ~ OQ \\ P ~~ 3 ~ ;~ ~ _\ '~ - ~ ~ ~~~ •~ T ~ ~ / _\ -~ ~~ .\ .~ ~ ` , Z s "~ P ~~ ~~ _ ~ Q QP ~ ~ ~ 7~, I I •~ .` ~ Q`VO~ ~ ~ ~ •~ ~` ~ ~_ ~` ~ ~ ~ QTR cjy9RE4• 0 ,,~~ ~ ~ ~ O• ~ ~ ~ O \ . Q" ~ ~0~ ~i~ p. ~ i >>, y`S , ~ 00 h ~w2~ ~7 S OT 6 X a 4.`r~ `~~' -~ ~ ~ 4~Q-i REMAINING ~~ RiGHT OF WAY ,.lv OF TULIP ~.,^, s~ ti~9. STREET ~. Qi^ ~ , ~~ soaR. O pd pc~ ~ ~ . O SR ~s ~ b O, ~~ ~'' ` hJOTES: 1. BEAR3NG REFERENCE: N89'04'S4"E FOR THE NORTH LINE OF WEST 14TH STREET PER MAP OF HIODEN PARADISE, PLAT BOOK 54, PAGES 97-978. 2. THIS SKETCH IS NOT A BOUNDARY SURVEY. HER€®Y CERTIFY THAT THIS SKETCH, PERFORRAED UNDER MY RESPONSIBLE DIRECTION MEETS THE LEGENDI *^'*I,MUM TECHNICAL STANDARDS FOR LAND SURVEYORS IN ACCORDANCE WITH CHAPTER 61G17-6, FLORIDA NISTRATIVE CODE (PURSUANT t0 SECTION 472.027, FLORI DA ST ATUTES) ~ FOUND CONCRETE MONUMENT • t/2" FOUND IRON LB 1704 • / C CLARSON AND ASSOCIATES. INC. B.R.t~ BUILONGTRESIRICTION UNE 1643 MALDO AVE., JACKSOA!l~ILLE, FL., 327.07 ~ CENTRAL ANGLE R RADIUS APRIL 30 DATE ,..2002. cw crRioRONCTrI ~i• SCALE: 1 " = 40' REGISTEREp SURVEYOR NO. 4487, FLORIDA JQSE A. HILL JR.