10-14-02 vCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
AGENDA -October 14, 2002
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Commission Meeting of the Special Called Meeting of
September 16 and Regular Meeting of September 23, 2002
2. Courtesy of Floor to Visitors
3. Unfinished Business 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, Recreation and Utility Sales (City Manager)
B. Award contract to Ace Fabrications, LLC, for a period of one year for welding
troubleshooting and repair, pursuant to the specifications of Bid No. 0102-26 (City
Manager)
C. Extend contract with Cuyler's Lawn Service for lawn maintenance of parks for a
period of one year at a cost of $57,160 (Bid No. 0001-25) (City Manager)
5. Committee Reports
A. Report from Community Development Board
6. Action on Resolutions
None
7. Action on Ordinances
A. Ordinance No. 5-02-39 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY
COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN
EFFECTIVE DATE (Comm. Borno)
B. Ordinance No. 95-02-79 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
~,,.,, CHAPTER 23, VEGETATION; CREATING AN HISTORIC TREE
PRESERVATION PROGRAM; PROVIDING GEOGRAPHIC LIMITS OF THE
PROGRAM; PROVIDING PRESERVATION INCENTIVES AND
REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE (Tree Conservation Board)
"', 8. Miscellaneous Business
A. Public Hearing and action on a request for aUse-by-Exception filed by Jerry
Hoey to allow the development of a custom cabinet and woodcrafts shop, with
associated limited warehousing and office use, all within an enclosed, new
15,000 sq. ft. building to be located at the southeast corner of Mayport Road
and Church Road, on property zoned Commercial General (City Manager)
B. Approve 2002/2003 Community Development Block Grarrt contract and
authorize the City Manager to sign all related documents (City Manager)
C. Approval of Local 630 union contract for the period October 1, 2002 through
September 30, 2003 (City Manager)
D. Approve recommended tree planting list and authorize the use of Tree Fund
monies for same (City Manager)
E. Action on recommendation for proposed amendment to Chapter 12 of the City
Code to provide regulations to protect the city's streets, gutters and catch
basins from excessive amounts of debris (City Manager)
F. Approve Change Order No. 4 in the amount of $27,445.37 in the Core City
Improvement project. to reconfigure a water main at the intersection of
Seminole Road and Eleventh Street (City Manager)
G. Appointments to the Code Enforcement Board (2) (Mayor)
H. Give direction to staff regarding redevelopment options related to Mayport
Road within the City of Atlantic Beach (City Manager)
L Consider request from 7th Street Beach Access Committee for matching funds
r of 50% for a total cost of improvements at Seventh Street not to exceed $4,000
(City Manager)
9. City Manager
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.
Ilowever, 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, October 11, 2002.
Page 2 of 2
Agenda -October 14, 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, OCTOBER 14, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
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 Special Called Meeting of
September 16, 2002 and the Regular Commission meeting of
September23, 2002
Motion: Approve the minutes of the Special Called Meeting of
September 16, 2002 and the Regular Commission Meeting of
September 23, 2002 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
Bill Watson, Field Director for AT & T Broadband presented the city
with a check for $5,000 as required by the franchise agreement.
Alan Potter of 374 Second Street felt the drainage issue had become a
paradox since the city had chosen to ignore citizen input. He reiterated. his
position from the September 23, 2002 Commission meeting concerning
the Hopkins Creek drainage area, the purchase of property for retention
ponds and the culvert at Publix/Aquatic Drive. He felt the Commission
and city staff should take a close look at the drainage system before
continuing with the $6M project.
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Sally Clemens of 1638 Park Terrace West inquired about the house
located on the property for which Mr. Hoey was requesting aUse-by-
Exception to build a custom cabinet and woodcrafts shop (Item 8A). Mrs.
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October 14, 2002
,,. Clemens noted that the city's Beautification Policy contained a cap of
$2,500 for matching funds and felt the Commission should not increase
the matching funds to $4,000 as requested in Item 8I. Mrs. Clemens also
felt the city should not purchase any property for use by the YMCA since
there were recreation facilities located within the city.
J.P. Marchioli of 414 Sherry Drive inquired concerning the date of the
Wonderwood Expressway interchange meeting and the due date for the
bid to furnish water/sewer service for the Navy. Mr. Marchioli felt there
might be a problem with zoning regulations due to the frequency of use-
by-exception requests.
Bob Totter of 275 11th Street commented on and/or inquired concerning
the following: (1) Inquired if the city had changed auditing firms for the
annual audit, (2) Inquired as to how the citizens of Atlantic Beach living.
east of Mayport Road would get to Mayport Road if it was the chosen as
the route for the bike path. He felt since Mayport Road was a state road,
the city could not designate it as a bike path, (3) Inquired as to the
availability of beach parking north of 19th Street, (4) Commented that the
Hopkins Creek drainage area was addressed in the interlocal agreement
with the City of Jacksonville, and (5) Commented on the amount of tax
dollars paid to the City of Jacksonville, and inquired if the city was
`~ receiving its fair share from the City of Jacksonville in relation to the
taxes paid to them by the citizens of Atlantic Beach.
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.
In addition to the written report, City Manager Hanson commented on the
following items:
• Stated that he had not been notified of the date for the meeting
concerning the Wonderwood Interchange with Mayport Road.
• Reported that proposals from consultants to provide engineering
services in the bidding process to provide water and sewer service
to the Navy base would be received on Wednesday of this week.
• Explained that the employees' raises would not be affected by the
`"'~ Commissioners proposed salary increase.
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October 14, 2002
• Reported that the new auditing firm hired by the Commission had
been working on the current audit for several weeks.
4. Consent Agenda:
A. Acknowledge receipt of the following monthly reports:
Public Safety, Public Works, Recreation and Utility Sales
(City Manager)
B. Award contract to Ace Fabrications, LLC, for a period of
one year for welding troubleshooting and repair, pursuant
to the specifications of Bid No. 0102-26 (City Manager)
C. Extend contract with Cuyler's Lawn Service for lawn
maintenance of parks for a period of one year at a cost of
$57,160 (Bid No. 0001-25) (City Manager)
Commissioner Borno requested that the Public Works monthly report
be removed from the Consent Agenda for discussion.
Motion: Approve Consent Agenda Items A-C as
presented.
Commissioner Borno inquired if anything was being done concerning
the one-inch difference. in concrete height at the end of the flyover.
Public Works Director Kosoy indicated that he had spoken with the
Jacksonville Transportation Authority (JTA) concerning the deviation
and had been promised they would look into it.
Discussion ensued and it was the consensus of the Commission to
send a letter to the JTA concerning this matter.
There was no discussion and the motion carried unanimously.
5. Committee Reports:
A. Report from Community Development Board
Mayor Meserve reported that Community Development Board
Chairman, Don Wolfson, was unavoidably detained and would
present his report later in the meeting.
6. Action on Resolutions:
None
" ° 7. Action on Ordinances:
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October 14, 2002
A. Ordinance No. 05-02-39 Pulylic Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF
MEMBERS, AND PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. OS-02-39 on final
reading.
Mayor Meserve presented in full, in writing, Ordinance No. OS-02-39.
He opened the floor for a public hearing and invited comments fi•om
the audience.
J.P. Marchioli of 414 Sherry Drive asked for a definition of
Commission "salary".
Alan Potter of 374 Second Street felt that the Commissioners should
not vote themselves a pay increase since they were all gainfully
employed and knew the salary when they ran for office.
Curtis Sanders of 2320 Barefoot Trace favored the increase stating
that running the city had become more complex over the years and it
,,,,.
takes time to adequately prepare for meetings.
No one else spoke for or against the ordinance and the Mayor closed the
public hearing.
Commissioner Waters opposed the increase and reiterated his
previous position that the current salary was adequate. He felt many
Commissioners serve because they want to volunteer their services to
~ the city. He pointed out that other city boards receive no
compensation, but willingly volunteer their services.
Mayor Meserve said he was opposed to the action taken by Congress
when they approved automatic increases for themselves and was
therefore, opposed to Atlantic Beach taking similar action. He stated
that he might favor the increase if it would encourage some citizens to
run for office who otherwise might not be able to afford to do so.
Commissioner Borno explained it was his intent to establish a
procedure for automatic annual review of Commissioner salaries so as
in the past, increases would not be neglected for several years. He
felt adoption of the ordinance would be a fair way to handle salary
increases for future Commissioners.
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October 14, 2002
~ Commissioner Beaver agreed with establishing a procedure and
suggested making the effective date of the ordinance after the next
election.
Commissioner Parsons agreed with Commissioners Beaver and Borno
and stated that passage of the ordinance would take away a
controversial issue for future Commissioners.
Discussion of changing the effective date of the ordinance ensued.
City Attorney Jensen advised that the effective date could be changed
without changing the intent of the ordinance.
Amendment to the motion: Make the effective date of the
ordinance November 1, 2003 and strike Section 2, Item (d)
from the ordinance.
Discussion ensued and the amendment to the motion carried by a
three to two vote with Commissioners Beaver and Waters and Mayor
Meserve voting aye and Commissioners Borno and Parsons voting
nay.
_~ There was no more discussion and upon roll call vote, the motion as
amended, carried by a three to two vote with Commissioners Beaver,
Borno and Parsons voting aye, and Commissioner Waters and Mayor
Meserve voting nay.
B. Ordinance No. 95-02-79 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 23, VEGETATION; CREATING AN
HISTORIC TREE PRESERVATION PROGRAM; PROVIDING
GEOGRAPHIC LIMITS OF THE. PROGRAM; PROVIDING
PRESERVATION INCENTIVES AND REQUIREMENTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE (Tree Conservation Board)
Motion: Approve Ordinance No. 95-02-79 on first
reading.
Commissioner Borno inquired if the ordinance pertained only to palm
trees. City Manager Hanson indicated that the ordinance set forth a
procedure to designate historical trees and the first trees to be so
designated were palms.
Mayor Meserve indicated that the final reading of the ordinance
"'`"' would take place October 28, 2002.
There was no further discussion and the motion carried unanimously.
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October 14, 2002
8. Miscellaneous Business:
A. Public Hearing and action on a request for aUse-by-Exception
filed by Jerry Hoey to allow the development of a custom
cabinet and woodcrafts shop, with associated limited
warehousing and office use, all within an enclosed, new 15,000
square building to be located at the southeast corner of
Mayport Road and Church Road on property zoned
Commercial General (City Manager)
Motion: Approve use-by-exception as recommended by the
Community Development Board. (On September 17, 2002, the
Community Development Board recommended approval of the
Use-by-Exception (File No. UBE-2002-06), to allow for the
development of a custom cabinet and woodcrafts shop, with
associated limited warehousing and office use, all within an
enclosed, new 15,000 square foot building to be located at the
southeast corner of Mayport Road and Church Road, subject to the
following conditions: (1) No chain link, or similar type offence
shall be installed on the westernmost side of the property, which
adjoins Mayport Road, and further, any such fencing shall be
limited to that as shown on the site plan submitted with this
application and shall be a vinyl coated or painted black or green
fence, (2) All exterior lighting shall be directed toward the site and
shall not illuminate adjacent residential parcels, and (3) All
business activities shall be maintained within the enclosed building
and there shall be not outside storage of any goods or materials).
Mayor Meserve opened the public hearing. No one wished to
speak, and the Mayor declared the public hearing closed.
Community Development Director Doerr explained the request in
detail. The staff report dated September 26, 2002 is attached and
made part of this official record as Attachment B.
Commissioner Waters inquired if retention pond maintenance
should be included in the conditions. It was explained that
retention pond maintenance was subject to St. Johns River Water
Management District (SJRWMD) regulations.
Mayor Meserve confirmed that Mr. Hoey understood and agreed to
the conditions recommended by the Community Development
Board and Mr. Hoey responded in the affirmative.
Mayor Meserve then confirmed that Commissioner Waters'.
motion included the CDB recommendations.
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The motion carried unanimously.
B. Approve 2002/2003 Community Development Block grant
contract and authorize the City Manager to sign all related
documents (City Manager)
BEAVER
Motion: Approve 2002/2003 Community Development Block BORNO
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grant contract and authorize the City Manager to sign all WATERS
related documents. MESERVE
Commissioner Borno complimented Community Development Director
Doerr for the concise report.
There was no discussion and the motion carried unanimously.
C. Approval of Loca1630 Union Contract for the period October
1, 2002 through September 30, 2003. BEAVER
BORNO
Motion: Approve Local 630 Union Contract for the period PARSONS
October 1, 2002 through September 30, 2003. WATERS
MESERVE
There was no discussion and the motion carried unanimously.
D. Approve recommended tree planting list and authorize. the use
of Tree Fund monies for the same (City Manager).
Motion: Approve recommended tree planting list and BEAVER
authorize the use of Tree Fund monies for the same. (The tree BORNO
planting list is attached and made part of this official record as PARSONS
WATERS
Attachment C). MESERVE
Mayor Meserve felt that local citizens should be involved in maintenance
of trees planted on their property and the City Manager pointed out that
trees would only be planted on property where the owners had signed a
one year Citizen Maintenance Agreement.
Commissioner Borno inquired if the city would become involved in
mitigation for trees planted on rights-of--way. City Manager Hanson
responded that the city was exempt from mitigation on rights-of--way,
except in an historic tree district.
There being no further discussion, the motion carried unanimously.
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~"' ~ E. Action on recommendation for proposed amendment to
Chapter 12 of the City Code to provide regulations to protect
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October 14, 2002
the city's streets, gutters and catch basins from excessive
amounts of debris (City Manager)
Discussion ensued and it was the consensus of the Commission to direct
staff to prepare an ordinance to protect the city's streets, gutters and catch
basins from excessive amounts of debris.
F. Approve Change Order No. 4 in the amount of $27,445.37 in
the Core City Improvement project to reconfigure a water
main at the intersection of Seminole Road and Eleventh Street
(City Manager)
Motion: Approve Change Order No. 4 in the amount of
$27,445.37 in the Core City Improvement project to
reconfigure a water main at the intersection of Seminole Road
and Eleventh Street.
There was no discussion and the motion carried unanimously.
G. Appointments to the Code Enforcement Board (2)(Mayor)
Motion: Reappoint Curtis Sanders and Peter Wynkoop to
three year terms on the Code Enforcement Board.
Commissioner Waters commended all of the city's board members who
serve without compensation and suggested that a dinner be held in their
honor.
There was no discussion and the motion carried unanimously.
H. Give direction to staff regarding redevelopment options related
to Mayport Road within the City of Atlantic Beach (City
Manager)
Mayor Meserve felt it would be appropriate to approve a zoning overlay
for Mayport Road as recommended by staff and give it to the City of
Jacksonville to see if they would do something similar for their portion of
Mayport Road. (The staff report dated October 7, 2002 listing the
recommendations is attached and made part of this official record as
Attachment D).
Discussion ensued and the Commission concurred with the Mayor.
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October 14, 2002
I. Seventh Street beach access beautification
Motion: Approve matching funding of 50% of the total costs
for the 7th Street Beach Access improvements not to exceed
$4,000.
Commissioner Beaver pointed out that the request exceeded the city's
matching fund limit of $2,500 for beautification projects. He indicated
that he did not want to exceed the limit. Commissioner Borno concurred
with Commissioner Beaver.
Mary French, representing the ad hoc committee of Le Chateau
homeowners, stated that they were willing to assume the cost of
maintenance and irrigation and said that TNT Landscaping would
install a new irrigation system.
Discussion ensued and Commissioner Borno suggested that the policy be
reviewed and amended, if required, to increase matching funds where
groups assume additional responsibilities, such as irrigation.
Motion: Defer action on the request to the next meeting in
order to provide time to review the existing policy
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There being no further discussion, the motion carried unanimously.
SA. Report from Community Development Board
Community Development Board Chairman Don Wolfson entered the
meeting at 8:40 p.m. He presented a report concerning the activities of the
Community Development Board and indicated that the during the past
year, the Board had matured, worked well together and was still
becoming familiar with the revisions to the new Zoning Ordinance. Mr.
Wolfson said the Board would have liked more time to review the sign
ordinance before it came before the Commission.
Mr. Wolfson indicated that the board members appreciated the spirit of
cooperation between the Commission and the Board. He felt everyone
was working toward the enhancement of the quality of life in the
community.
Mr. Wolfson stated that in the past enforcement of conditions placed on
variances and use-by-exceptions had been negligent, but they were now
being enforced. He felt this enforcement sent a positive message to the
Board and residents of the city.
Mr. Wolfson indicated that the Board was currently working with staff on
the Land Use Element of the Comprehensive Plan.
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October 14, 2002
Discussion ensued. Mayor Meserve indicated that the Community
Development Board would be involved early in the process with the
redevelopment plan for Mayport Road.
Mayor Meserve inquired if the city had a new zoning map. Community
Development Director Doerr indicated that the Open Rural area needed to
be redesignated to Conservation Land, but there were a few areas to be
researched for proper designation before that could be done.
Commissioner Waters inquired as to training for new board members.
Mr. Wolfson responded that they meet individually with staff. He urged
the Commission to appoint board new members from all areas of the city.
9. City Manager
City Manager Hanson reported on the following items:
• Reported that the millage rate would remain unchanged since
the Property Appraiser had adjusted the city's final taxable
value upward by less than 1%.
""~"`~'' •'• Reported that the Church Road extension would be bid out in
two weeks and he hoped to have the project underway before
the end of the year.
• Reported that Chief Campbell would represent the city at a
meeting in Jacksonville Beach to welcome guests from
Turkmenistan.
• Reported that the Tree Lighting Ceremony at Town Center
would take place on Saturday, December 7th at 6:00 p.m.
10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Borno
• Inquired concerning the status of the proposed entrance
change at the Post Office. City Manager Hanson responded
that he had received no feedback from Post Office officials.
• Inquired if the city had heard anything from BellSouth
concerning moving their lines for the Core City Project. City
- Manager Hanson responded that he had not heard from them.
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--. • Requested that any information received concerning the
Wonderwood/Mayport Road Interchange meeting be
distributed as soon as it is received.
Mayor Meserve
• Reported that he had written a letter to Mayor John Delaney
concerning funding for the Town Center extension.
• Appointed Commissioner Borno to head a committee to
review the city's retirement system and recommended that Ed
Lipscomb, a member of the Pension Board of Trustees, be
included on the committee.
There being no further discussion or business to come before the City
Commission, the Mayor declared the
Attest:
Ma ~een King
Certified Municipal Clerk ,
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"' _ ATTACHMENT A
OCTOBER 14, 2002 COMMISSION MEETING
October 8, 2002
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM:
SUBJECT: F
Drug Arrests in Mobile Home Parks; A question was raised at the last City Commission
meeting about the authority under State and Federal Law for local police departments to seize
property in mobile home parks where repeated drug arrests have been made. 'Attached for your
information is a memo from David Thompson dated 9/27/02 addressing this question and
describing the level of cooperation that the Atlantic Beach Police Department has received from
the manager at the City's one mobile home park.
Mailing List for Tideviews Newsletter/Hurricane Re-entry Passes; A couple of citizens
complained at the last meeting that they had not received their hurricane re-entry passes in the
mail. Staff checked into the problem and found the same issue that has come up in the mailing
of the Tideviews newsletter. The Tideviews Newsletter is sent to people living in several Post
Office carrier routes, but 75-80 people have been excluded because most of their routes are not
in the City limits. The City Clerk's office has maintained a separate listing of addresses that are
not included in the normal City routes so that separate mailings can be made. The Police
Department would use this separate list maintained by the City Clerk to mail out the remaining
hurricane re-entry passes.
AGENDA-ITEM #3A
OCTOBER 14, 2002
~~
To: Jim Hanson, City Manager
From: David E. Thompson, Chief of Police/DPS
CC:
Date: 9/27/2002
Re: Mobile Home Park
At the September 23, 2002 City Commission meeting, a question was asked relative to repeated
violations of drug laws in mobile home parks, .and the feasibility of seizing the property under state or
federal law.
The City of Atlantic Beach has seized real property in the past for drug violations. There are provisions.
in state and federal law that allow for the seizure of real property if the property is being used for illegal
drug violations, and the owner is knowingly and willfully participating or allowing it to continue. There
are protections for owners who are not aware of the violations, .and for owners who have made a good
faith effort to eliminate the illegal activity.
The only mobile home park in Atlantic Beach is Singleton's Mobile Home Park at 120 Mayport Road. It
provides low income lodging for individuals and families. Many of the residents are "down on their luck"
and need a place to live while they put their lives in order. Most of the residents are poor, but honest
citizens.
The manager of the park assists a number of social service agencies in providing low income housing.
On a number of occasions, I have referred battered wives, abandoned families, and others who "need
a break" to Singleton's Mobile Home Park. The manager works with the people to find a way to provide
temporary or long term housing for people in need.
Some of the people are "down on the luck" as a result of drug and/or alcohol dependencies. And,
sometimes these people "backslide" back to their old addictions. When that happens, they create a
problem for the neighborhood and the police. For this reason, we will find a higher incidence of street
level drug abuse and crime in Singleton's Mobile Home Park, than. we will find in more affluent areas.
Singleton's manager has consistently worked in 8 positive relationship with the police. She has never
hesitated to evict tenants who were creating problems, and she has often provided information to the
police when illegal conduct was suspected. I don't believe that she has ever hesitated to provide the
police with her complete and total cooperation.
Based on this information, it is my opinion that there is no basis for any initiative to seize the property
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_ ATTACHMENT B -
OCTOBER 14, 2002 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for aUse-by-Exception (File No.. UBE-2002-06) to allow the
development of a custom cabinet and woodcrafts shop, with associated
limited warehousing and office use, all within an enclosed, new 15,000
square foot building to be located at the southeast corner Mayport Road and
Church Road.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~1~/
DATE: September 26, 2002
BACKGROUND: 'This request seeks approval of aUse-by-Exception to allow for the relocation
of an existing custom cabinetry and woodcrafts business with associated office and limited warehousing
use. The proposed business will occupy a new 15,000 square foot building. All development shall be
subject. to applicable permitting requirements including landscaping, required buffers, stormwater
management and parking and the amended sign regulations. It is Staff s opinion that the proposed use
is consistent and compatible with surrounding uses, and that this use is of a less intense character than
other by-Might Permitted Uses in the CG Zoning District. .Staff finds that the request complies with
Section 24-63 and recommends approval of the requested Use-by-Exception, subject to the following.
conditions: no chain link, or similar type of fence will be installed on the westernmost side of the
property which adjoins Mayport Road; any such fencing will be limited to that as shown on the site plan
submitted with this application, all exterior lighting shall be directed towards the site and shall not
illuminate adjacent residential parcels, and all business activities shall be maintained within the
enclosed building, and there shall be no outside storage of any goods or materials.
The Community Development Board considered the request at their September 17th meeting and
recommended approval subject to the conditions recommended by staff. In addition to conditions
requested by Staff, the CD Board requested that any chain-link fence use to enclose the retention area at
the rear of the site be a black or green painted or vinyl-coated fence.
BUDGET: None.
RECOMMENDATION: Motion to approve aUse-by-Exception (File No, UBE-2002-06), to allow
for the development of a custom cabinet and woodcrafts shop, with associated limited warehousing and
office use, all within an enclosed, new 15,000 square foot building to be located at the southeast corner
Mayport Road and Church Road, subject to the following conditions:
No -chain link, or similar type of fence shall be installed on the westernmost side of the
property, which adjoins Mayport Road, and further, any such fencing shall be limited to that as
shown on the site plan submitted with this application and shall be a vinyl coated or painted
black or green fence.
all exterior lighting shall be directed towards the site and shall not illuminate adjacent
residential parcels.
All business activities shall be maintained within the enclosed building, and there shall be no
outside storage of any goods or materials.
,.
ATTACHMENTS: Staff Report and application package prepared for Community Development
Board meeting.
REVIEWED BY CITY MANAGER:
AGENDA ITEM #8A
OCTOBER 14, 2002
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COMMUNITY DEVELOPMENT STAFF REPORT
September 17, 2002 Public Hearing
Use-by-Exception, UBE-2002-06
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
.Date: :September 09, 2002
Subject: UBE-2002-06
Applicant: Jerry Hoey
Beaches Woodcrafts
1936 Beach Avenue
Atlantic Beach, Florida 32233
Requested Change: Request for aUse-by-Exception to allow development of a custom
cabinet and woodcrafts shop, with associated limited warehousing and
office use, all within an enclosed, new 15,000 square foot building.
Location:. Southeast corner Mayport Road and Church Road (15 Simmons. Road)
Existing Zoning: CG (Commercial General).
Future Land Use: CG (Commercial General)
Surrounding Zoning: CG and RG-2
Surrounding Land Use: Various commercial uses and some residential.
AGENDA ITEM #8A
OCTOBER 14, 2002
STAFF COMMENTS AND RECOMMENDATION
This request seeks approval of aUse-by-Exception to allow for the relocation of an existing custom
cabinetry and woodcrafts business with associated office and limited warehousing use. .The
proposed business will occupy a new 15,000 square foot building. All business related activities will
occur indoors, and there will be no outside storage on the site. Development of the site shall be
subject to all permitting requirements including landscaping, any required buffers, stormwater
management and parking and the amended sign regulations. This section of Mayport Road consists
of various relatively high intensity commercial. uses, although there are also residential uses in this
area. It is Staff's opinion that the proposed use is consistent and cornpatible with surrounding uses,
and that this use is of a less intense character than other by-right Permitted Uses in the CG Zoning
District. Staff finds that the request complies with Section 24-63 and recommends approval of the
requested Use-by-Exception, subject to the following conditions: no chain link, or similar type of
fence will be installed on the westernmost side of the. property which adjoins Mayport Road; any
such fencing will be limited to that, as shown on the site plan submitted with this application, all
exterior lighting shall be directed towards the site and shall not illuminate adjacent residential
parcels.
SUGGESTED ACTION TO RECOMMEND APPROVAL
,.~..
The Community Development Board may consider a motion to recommend approval to the
City Commission of the requested Use-by-Exception to allow a custom cabinetry and
woodcrafts shop, with associated limited warehousing and office use on property located at the
southeast corner Mayport Road and Church Road (15 Simmons Road) as described by legal
description within the application, provided:
• No chain link, or similar type of fence shall be installed on the westernmost side of the
property which adj oins Mayport Road, and further any such fencing shall be limited to that as
shown on the site plan submitted with this application.
• all exterior lighting shall be directed towards the site and shall not illuminate adjacent
residential parcels.
• All business activities shall be maintained within the enclosed building, and there shall be no
outside storage of any goods or materials.
(Provide findings of fact similar to the following, and attach other conditions as may be
appropriate.)
1. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning and Subdivision Regulations for the City of Atlantic Beach.
2. The request is not contrary to public interest and is not detrimental to the health, safety and
'`"~'' welfare of general public.
2
AGENDA ITEM #8A
OCTOBER 14, 2002
3. The proposed use is compatible with adjacent properties and other properties within the
surrounding area.
4. The proposed use is not in conflict with -the City's Comprehensive Plan and is consistent
with the Commercial General Future Land Use designation.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested Use-by-Exception to allow a custom cabinetry and woodcrafts
shop, with associated limited warehousing and office use on property located at the southeast
corner Mayport Road and Church Road (15 Simmons Road), provided:
(Provide findings of fact similar to the following.)
1. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-
63, Zoning and Subdivision Regulations for the City of Atlantic Beach because
2. The request is contrary to public interest and maybe detrimental to the health, safety and
welfare of general public because
3. The proposed use is not compatible with adjacent properties and other properties within the
surrounding area because
4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent
with the Commercial General Future Land Use designation because
3
-..,,,~._ ~; . .. AGENDA ITEM #8A
Rug~• 20 -02 •03: 16p Beaches4Ioodcraft 904 2~6 626E OCTOBER 14, 2002
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• .. ~ A.PPLICATION FOR AUSE-BY-EXCEPTION
• City of Atlantic Beach • 800 5eminale Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5$00 • FAX (904) 247-5805 • http:Ilww~+~lra.atlantic-beach.fl_us
Datc dam- _ FileNo. U~~ Z.I~UZ"~40 Receipt
I. AppIicant'shiame Jerry Hoey (Beaches Woodcrafts)
_ 2. Applicant's Address 1936 Beach Avenue / Atlantic Beach, FL 32233
~3.. PropertyL;ocation S.E. Quadrant - Mayport Rd & Church St. (15 Simmons RS1.)
4:: PropertyAppraiser'sRealEstateNumber~2162-0000 Block No. ~~,gz?~ LatNo..gaP r.Aaal
5. Current 7.oning ClassificationC~~R O_ 217 2193•~OCd~~prehensive Pian Future Land Use designation
7: Requested Use-by-Exception To allow development on Church St. , of a 15, 000 sf •
building to be used~as office, cabinet shop & light warehouse (all enclose ,
"""~" so is de storage) •
~tzr o~'il'arcel 2 acres 9: Ufility Pro vid er _ i 1- ~ c~ f A i- l a n t i ~ Racer-h
1D. Statement of facts aged special reasons for requested Use-by-Exception, which demonstrafes compliance with Section
24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Itegutations. Attach as Exhibit A.
{The attached-guide may be used if desire. Please address each item, as appropriate to this request.)
l I. Provide all of the following information:
• a. Site Plan showing the location of cell structures, temporary and permanent, including setbacks, building
height, number of stories and square footage, impervious surface area, and existing and/or proposed
driveways. Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by Lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization front 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 properly sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies (5)
e. Application Fee (SI00.00)
I HEREBY CERTIFY T'FIAT ALL INFORMATION PI20VIDED V4'ITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's. authorization form is attached:
Printed or typed naff(s): Jerry Hoe
Signature(s):
ADDRESS AND COACT Z•YF012NIATIOIV OF PLYRSON TO RECEIVE ALL CORRESPONDENCE REGA12DI11TG THIS
APPLICATION Kame: Jerr~~ ~e~T
MaiIin;Address; 1936 Beach Avenue Atlantic Beach 32233
. Phone: 249-0785. FAX: 246-6266 E-mai1:TFTruTI@ Bellseu'm'~-zret
249-3493.(H)
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Rug ~D D~ D3:I6p Beache~Woodcraft
EXHIBIT A
AGENDA ITEM #SA
9 D 4 2 4 6 g~ OCTOBER 14, 2002
The review of au application for aUse-by-Exception shaII consider the foIIawing items. PIease
address each of the following as applicable to your speczfic application.
I. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
One driveway for both ingress and egress to be located, approximately
200 feet from Mayport for safe, convenient, slow access. S•ee site
~~ ~~ •,~1 an - Verv safe traffic flow.
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
Ver convenient & safe with required handicap and abundant turning
radius. See attached site .plan - spaces - a per~ci y co e.
3. • The potential for any adverse impacts to adjoining properties and properties generaIIy iu the area resulting
'_ from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested.
None. All activities will be enclosed during daylight hours - ample
` ~ buffers and landscaping. o.emrssion o g are, riot o .
Concrete. block with insu a e roo .
4. Refuse, trash collection and service areas, with articular reference to items (1) and (2) above;
See site plan - screened, sae,. easy access.
___
.~. .Utilities, with reference to locations, avaiIahi7ity and tom atibility-
Existing gravity sewer manhole in pChurdhi Street - existing water
main in Churc •
G. Tf adjacent uses are different types of uses, describe type of screening and buffering that dill be provided
between your use and the adjacent use. the eas erly 75 ft_ included in this
a ermanent buf£.er zone to include storm
-~et~ntin.n~-green space buffer with ample landscape screening per c
_ 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
conzpati~bility and harmony with properties in the District; {See Signs and Advertising, Chapter 17:)
-~8 ~~ee ~+-gnc9; na S .ol e ~ signs - ~ (T~De ) .Monument signs as shown
aotn~•l-,cA c; t-a nl an to comply with city code.
8. Required Yards and other Open. Space. Show building setbacks and areas of open space on site plan.
9. General cornpatibiIity with adjacent properties and other propert}= in the surrounding Zoning District as
• _ we]IasconsistencywithapplicableprovisionsofrheComprehensivePlan. This development will
~,-oat-A lP~s t affic than other allowable CG uses and will serve as
r''""'' ~~al ; ~~ redevel opment and ; mp<rovPmc~nt to the Maw nr+- C`nrr; ~nr
The propos.p~ site design ; ~ rnmpa-t a.l~le s~it~~~~j~ iailu uses and
the comprehensive plan.
Other information you may r~=isli to provide: See exhibit "n " '
e.
AGENDA ITEM #8A
y tJ ~ ~ ~ ~ ~ OCTOBER 14, 2002
LoT (1), Two (2~) Arm THREE (3) OF BLOCK ZZ,IENTY-Two (z2), AiL BLOCK No. EIGaT
,' ($) AND BLOCK TWENTY THREE (23); AND LOT FOUR ~.(4) IN BLOCK NINE (9} OF DONNER'~,^~,~~
'•, ;REPEAT OF PART GOVERrIIiENT LOT 2, SECTION 17 , TOANSHIP 2 SOUTH, R9NGE 29 EAST, ~~~ r
• !" ~' ' ~•~;A000RDItTG • TO A PLAT THEREOF. RECORDED IN PLAT BOOK 19 , PAGE 16 OF THE CIIRRENT .~; ~~
•'~~P~IIBLIC R;EC08DS OF DUVAL COIINTY, FLORIDA, EgCLIIDING THEREFROM THE NORTH 100 r"~`z f~
•~:FEET'EKCEPT THE EAST 40 FEET AND ANY PORTION ZN THE RIGHT OF WAY OF STATE ROAD~~~~
~~ _,_,
- ~•' .560 OF . BLOC& 23 , DONNER' S REPEAT, PLAT BOOK 13 , PAGES 16 AND 16A, CIIRRENT ~ ~ i~
• - ~•:PIIBZ,IC RECORDS OF DIIVAL COUNTY,. FLORIDA, AND FIIRTHER EgCLUDING THEREFROM THAT. ~°~ ''~
~~°
- '•';~~•'PROPERT~t DESCRIBED IN THAT CERTAIN A~-RRANTY DEED DATED' AIIGUST 30TH, 1958 AND ~ss-*r
~° ~ ~,~Y , ~ '' - REC~RDEI~~ -IN: OFFICIAL. RECORDS VOLIIME .612 PAGE 65 , dF TEE CURRENT PUBLIC ~' ~
. ' , BECORDS •OF DUVAL COUNTY, FLORIDA. ~ .
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AGENDA ITEM #8A
OCTOBER 14, 2002
Exhibit "C"
The Subject Property is presently owned by:
Oprah Lee Jackson
15 Simmons Road
Atlantic Beach, Florida 32233
This property is under purchase agreement to Mr. Jerry Hoey, a 52-year Atlantic Beach resident
and owner of Beaches Woodcrafts. Beaches Woodcrafts is an Atlantic Beach designer and
maker of custom cabinets doing business in Atlantic Beach for 26 years. Mr. Hoey, presently
located at 102 Stewarts Street in Atlantic Beach, intends to relocate his business to the Subject
Property. This proposed development will be modern and visually appealing, and will serve as a
large capital investment in Atlantic Beach and aid in redevelopment of the Mayport Road
corridor. Traffic will be safe and convenient with access to Church Street from Mayport Road
through a signalized intersection. Mr. Hoey's site plan. is more than compatible with adjacent
land uses. All activities will be conducted inside the enclosed building, which will be
constructed of concrete block and an insulated metal roof.
F3.T/kdn/09030402
AGENDA ITEM #8A
OCTOBER 14, 2002
Draft minutes of the September 17, 2002 Community Development Board meeting
a. UBE-2002-06, Jerry -Hoeg. (Beaches Woodcrafts) Request for aUse-by-Exception to
'' allow office use, cabinet shop and light warehousing in a 15,000 square foot building, with
all activities located within the enclosed building, on a two-acre parcel in the Commercial
General (CG) Zoning District and located at 15 Simmons Road.
Mr. Jerry Hoey introduced himself and stated that he would like. to develop a 15,000 square foot
building to house his company, Beaches Woodcraft. Mr. Hoey further stated that he would
occupy approximately 8,000 square feet and would expect to grow into the balance. of the space.
in five years. Until that time, he stated that he would rent the space and that any proposed tenant
would be consistent with the Use-by-Exception.
In response to a question from Mr. Frohwein, Ms. Doerr advised that even though a portion of
the land was zoned. RG-2, the zoning of the larger portion was zoned Commercial General and,
therefore, the zoning of the larger portion of the lot conveys to the smaller portion of the lot.
Discussion was held with regard to the address of the property. Mr. Jason Henson, who
represents the seller of the property, explained that the address of 15 Simmons Road was the
address of the current owner. of the building and the land located behind the. building.
Mr. Wolfson expressed concern with regard to 'the close proximity of the retention pond to
residential property. Ms. Doerr stated that the retention pond was required to meet drainage
requirements.
Mrs. Walker requested that Ms. Doerr ensure that the landscape ordinance be applied to this
property.
Mr. Wolfson requested ,that the applicant install a fence to deter children from entering the
retention pond.. He further requested that the applicant install avinyl-coated fencing that would
blend into the shrubbery. Ms. Doerr advised the Board that the applicant was required to comply
with landscaping requirements and buffering and would recommend that the fencing be located
on the inside of the buffer.
A motion was made by Mr. Burkhart, seconded by Mr. Wolfson and unanimously carried
to recommend approval of the Use-by-Exception to the City Commission with the following
conditions:
1) No chain link, or similar type of fence shall be installed on the westernmost side of
the property, which adjoins Mayport Road, and further any such fencing shall be
..limited to that as shown on the site plan submitted with this application.
2) All exterior lighting shall be directed towards the site and shall not illuminate
adjacent residential parcels.
3) All business activities shall be maintained within the enclosed building, and there
shall be no outside storage of any goods or materials.
4) The fencing on the eastern side of the property adjacent to the residential uses be
aesthetically attractive, such as a dark green or black vinyl-coated fence.
_ ATTACHMENT C _-
OCTOBER 14, 2002 COMMISSION MEETING
__ __
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Approve recommended tree planting list and using funds
from the tree fund for planting
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: October 1, 2002
BACKGROUND: To add to the beauty and tree canopy in Atlantic Beach,
Staff has put together the attached citywide tree planting
-list. This list includes recommendations from both the Tree
Board and the Marsh Oaks Neighborhood Association.
Staff will request that Homeowners sign a Citizen
Maintenance Agreement, stating that they agree to maintain
the trees.
BUDGET: Funds for this project will come from the City's Tree Fund
RECOMMENDATION: Approve recommended tree planting list and using funds
from the tree fund for planting
ATTACHMENT: Tree planting list
RE~WED BY CITY MANAGER:
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AGENDA ITEM #8D
OCTOBER 14, 2002
ATTACHMENT D
OCTOBER 14, 2002 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Redevelopment options related to Mayport Road within City of
Atlantic Beach
SUBMITTED BY: .Sonya Doerr, AICP, Community Development Director 5,~
DATE: October 07, 2002
BACKGROUND: As efforts related to the Mayport CRA, median construction, bike line
and right-ofway improvements continue to progress, the City Commission may wish to
consider other actions which. will complement and coincide with these longer range projects,
but which maybe implemented in a more immediate time-frame.
Several actions, which will begin to contribute to the improved appearance of the corridor,
have now been implemented by the City. The amended sign regulations will have an impact
on visual clutter and improved aesthetics related to signage as applications for new signs are
submitted, and Code Enforcement continues efforts to rid the area of illegal signs. Also, Code
Enforcement is now actively pursuing compliance with earlier amendments to Chapter 24,
~~..., which require dumpsters to be enclosed and screened from view by a fence or landscaping.
Staff has .considered several of the following- options which may result in immediate
improvements and which would not be in conflict with the large long-term projects that are
ongoing.
Zoning Regulations and Design Standards
Several Use-by-Exceptions for new businesses along Mayport Road have been approved
during the last year, and all of these have contained various conditions related to landscaping,
signage, lighting, fencing, with the intent of enhancing the appearance of these new businesses.
However, given that this is a limited zoning process, the Commission may wish to consider
adoption if a simple overlay district that addresses specific design related issues, such as:
• Fences -The use of chain-link, concertina wire, and other types of unsightly security
fencing is a major problem along the corridor frontage. There are no regulations that
currently prohibit these.
• Landscaping -Enhanced landscaping requirements could be considered, although these
would have to be reasonably and carefully drafted, given that most sites .within the
COAB portion of the corridor are developed with limited opportunity for landscaping.
Redevelopment sites, particularly those that require stormwater improvements, could be
required to incorporate landscaping enhancements into retention/detention facilities.
The types of landscape materials required could also be prescribed with the objective of
requiring trees and shrub varieties that deliver high visual impact and that are suitable
for the harsh environment of a major arterial roadway.
AGENDA ITEM #8H
OCTOBER 14, 2002
• Building and finish materials -While the City probably does not wish to impose full
architectural review, we may wish is to consider restrictions on the type of finish and
building materials used along the corridor frontage. For instance, the use of metal
fascia or metal-clad buildings may be prohibited, and restrictions against overhead
doors and, open work bays facing Mayport Road could be restricted.. Buildings could
also be required to have doors and windows on the front of the building to minimize an
industrial appearance. There are currently no regulations, which provide staff with any
-tools to encourage more aesthetically pleasing design.
In summary, there are any number of simple design-type requirements that can be prescribed in
a clear and objective manner, but which would have a significant impact, upon the face of the
corridor.
Landscaping along public areas and right-of--ways
The Landers Atkins study, completed in May of 2001, addressed the importance of
landscaping. While landscape plans will. be incorporated into any median construction, the
City may wish to consider preparation of a landscape plan along right-of--way edges, and at
.street corners, which would not be in conflict with future FDOT improvements. There are
numerous locations between the foot of the flyover ramp and Church Road where street trees
and landscape improvements could have a significant visual .impact. Improvements to the
existing bus stops are also needed. Again, the choice of appropriate landscape materials is
critical. Any street trees would be required to meet FDOT safety standards, and shrubs or
plantings would need to very low maintenance and drought, heat and emissions tolerant. A
partnering program, ,which would incentivise adjacent business owners to maintain and take
some ownership in these landscape areas, should also be considered.
Staff will pursue any, or all, of these options as directed. Based upon discussions with HDR
Landers-Atkins (the consultants who have been working on the proposed Mayport CRA), it is
anticipated that similar types of recommendations maybe included in the final Mayport CRA
Redevelopment Plan. As such, we may have a window of opportunity to establish some
patterns and standards that would be carried forward by the City of Jacksonville along the
northern portion of the corridor.
BUDGET: Possible commitment of funds. for preparation and implementation of a landscape
plan.
RECOMMENDATION: Direction to staff.
ATTACHMENTS.: Photographs.
REVIEWED BY CITY MANAGER:
2