11-26-01 v CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
November 26, 2001
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Commission Meeting of November 12, 2001
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meeting
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED,THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of monthly report of Utility Sales (City Manager)
5. Committee Reports
6. Action on Resolutions
7. Action on Ordinances
A. Ordinance No.90-01-173—Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA,TO REZONE LAND FROM THE PRESENT ZONING
CLASSIFICATION OF RESIDENTIAL GENERAL,TWO-FAMILY, (RG-1)TO
RESIDENTIAL, SINGLE-FAMILY(RS-2),PROVIDING FINDINGS OF FACT,
REQUIRING RECORDATION,AND PROVIDING AN EFFECTIVE DATE(City
Commission)
B. Ordinance No. 90-01-172—Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS
ENTIRETY CHAPTER 24 OF THE CODE OF ORDINANCES,ZONING AND
SUBDIVISION REGULATIONS(City Commission)
C. Ordinance No. 60-01-11—Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES, ARTICLE I, SECTION 17-17, TO PROVIDE
11 FOR THE TREATMENT OF NON-CONFORMING SIGNS; PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE (City
Commission)
• Page Two AGENDA November 26, 2001
8. Miscellaneous Business
A. Approve interlocal agreement with the City of Jacksonville for the
distribution of 9-1-1 funds and authorize the Mayor to execute the agreement
(City Manager)
B. Public Hearing and action on a request for a Use-by-Exception filed by
Damon Rebhahn to operate a cabinet and furniture repair shop on property on
the east side of Mayport Road south of Dora Street (City Manager)
C. Approve issuance of an occupational license for a car wash to be located at
835 Atlantic Boulevard (City Manager)
D. Authorize staff to prepare an ordinance establishing a policy on utility due
date extensions for customers on fixed incomes, with hardships, and allowing
for waiving of late fees under certain conditions (City Manager)
E. Approve list of surplus items and authorize their sale at public auction (City
Manager)
F. Authorize staff to negotiate a contract with Aikenhead & Odom to provide
engineering services for a stormwater master plan update; if unable to negotiate a
satisfactory contract, authorize staff to negotiate with Stanley Consultants, Inc.
(City Manager)
• 9. City Manager Reports
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim
record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be
based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City
Clerk prior to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However,the
City Commission may act upon any agenda subject,regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,November
23,2001.
III
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liMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT S S
7:15 P.M. ON MONDAY,NOVEMBER 26, 2001
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tern
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners M S
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AND: James Hanson, City Manager T C
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Alan C. Jensen, City Attorney ONE N
Maureen King, City Clerk N D S 0
COMMISSIONERS
Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation,
given by Mayor Meserve, was followed by the Pledge of Allegiance to the
Flag.
I1. Approval of the minutes of the Regular Commission meetings
of November 12, 2001
Commissioner Borno requested that the minutes be amended to reflect
Commissioner Parsons' name in the list of those in attendance at the
meeting. BEAVER X
BORNO X
Motion: Approve the minutes of the Regular Commission PARSONS X X
Meeting of November 12, 2001 as amended. WATERS x X
MESERVE X
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
All those who wished to speak indicated they preferred to do so during
public hearings on specific items on the agenda.
3. Unfinished Business from Previous Meeting
There was no unfinished business from the previous meeting.
Mayor Meserve recognized Jacksonville Beach Council Member Art
IGraham who was present to observe the proceedings.
4. Consent Agenda:
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November 26, 2001 T C
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liCOMMISSIONERS N D S 0
A. Acknowledge receipt of monthly report of Utility Sales `
Department BEAVER X
BORNO X X
Motion: Approve consent agenda as presented. PARSONS X
WATERS X X
The motion carried unanimously. MESERVE X
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
There was no action on Resolutions.
7. Action on Ordinances:
A. Ordinance No. 90-01-173 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
TO REZONE LAND FROM THE PRESENT ZONING
II CLASSIFICATION OF RESIDENTIAL GENERAL,
TWO-FAMILY, (RG-1) TO RESIDENTIAL, SINGLE-
FAMILY (RS-2), PROVIDING FINDINGS OF FACT,
REQUIRING RECORDATION, AND PROVIDING AN
EFFECTIVE DATE (Commission) BEAVER X X
BORNO X X
Motion: Approve Ordinance No. 90-01-173 on final PARSONS X
reading. WATERS X
MESERVE X
Mayor Meserve presented the ordinance in full, in writing and
explained that the ordinance would rezone property in the core city
area from RG-1 (two-family) to RS-2 (single-family).
Community Development Director Doerr indicated that Section 6.
Special Conditions would be included in the ordinance to allow for a
one-year period of time during which property owners in the rezoned
area could proceed with plans to develop duplex units. Community
Development Director Doerr's memo, which includes the language
for Section 6, is attached and made part of this official record as
Attachment A.
Mayor Meserve opened the public hearing and the following
4iicitizen(s) spoke concerning the proposed rezoning ordinance:
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November 26, 2001 T C
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• Peter Sapia of 1655 Selva Marina Drive, read a letter expressing his COMMISSIONERS N D S 0
concerns with the ordinance. The letter is attached and made part of
this official record as Attachment B.
Jeri Sabot of 330 First Street, was relieved that the Commissioners
had addressed her concerns from the previous meeting and included a
period of time in the ordinance to allow property owners to construct
duplexes in the rezoned area.
Jeanell Wilson of 3090 South Third Street,Jacksonville Beach,
read a letter from the Northeast Florida Association of Realtors
opposing Section 24-88 of the ordinance. This section of the
ordinance prevented the rental of garage apartments for less than
ninety days. The letter is attached and made part of this official
record as Attachment C.
Lyman Fletcher of 804 East Coast Drive, spoke concerning
"property rights" and the differences between individual property
owner rights and commercial interests. He believed the ordinance
would ensure individual property owner's rights and preserve the
stability and consistency of the old core city area. Mr. Fletcher
believed it was of prime importance that the ordinance protect the
• residential character and tree canopy of the city; those things which
make Atlantic Beach unique.
Mack McCuller of 225 Water Street, Jacksonville, who
represented Michael Liff and Sherry Burns, felt the language in the
ordinance (Section 24-86)protected duplex owners.
George Bull of 1937 Sevilla Boulevard West, confirmed that the
ordinance included a one year grace period.
No one else spoke for or against the proposed ordinance and the
Mayor closed the public hearing.
Commissioner Borno pointed out that the rezoning was not brought
about solely by an opinion poll, but also included consideration of
density, impervious surface, permitting and stormwater issues.
Commissioner Waters felt that the area west of the Atlantic Beach
Elementary School, which was already heavily developed with
duplexes, should not have been included in the rezoning. He felt
passage of the ordinance addressed parking problems caused by
duplex development.
• Mayor Meserve indicated that much thought and deliberation had
gone into the rewriting of the zoning ordinance and the rezoning of
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November 26, 2001 T c
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the core city area. He commended Community Development Board COMMISSIONERS N D S 0
Chair, Don Wolfson, and the Board Members for their diligence and
hard work on the revisions.
Mayor Meserve provided background information on the
amendments to the code. It was explained that the ninety day rule
was adopted not because of noise or parking issues, but because the
Community Development Board recommended the change based on
the fact that the garage apartments were located within a total
residential area, and the Board wished to limit short term rentals in
single family neighborhoods.
Mayor Meserve acknowledged that any zoning law was a restriction
of personal rights, but it had been pointed out by past consultants, that
if core city drainage project was to succeed, the city must limit future
construction of duplexes. He indicated that the zoning ordinance
provided a delicate balance between protecting property rights and
the long-term needs of the city.
There was no further discussion and the motion carried unanimously.
B. Ordinance No. 90-01-172 Public Hearing & Final Reading
IAN ORDINANCE OF THE CITY OF ATLANTIC BEACH
REWRITING IN ITS ENTIRETY CHAPTER 24 OF THE
CODE OF ORDINANCES, ZONING AND SUBDIVISION
REGULATIONS (Commission) BEAVER X X
BORNO X X
Motion: Approve Ordinance No. 90-01-172 on final PARSONS X
reading. WATERS X
MESERVE X
Mayor Meserve presented the ordinance in full, in writing.
He opened the public hearing and the following citizen(s) spoke
concerning the proposed rezoning ordinance:
George Bull of 1937 Sevilla Boulevard West, inquired if the grace
period that applied to Ordinance No. 90-01-173 also applied to this
ordinance. Mayor Meserve responded that the one-year grace period
did not apply, but the same protections were provided through vesting
provisions. Community Development Director Doerr's memo
concerning the rights of property owners after the new regulations are
adopted is attached and made part of this official record as
Attachment D.
Mack McCuller of 225 Water Street,Jacksonville, supported the
li ordinance.
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November 26, 2001 T C
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Lyman Fletcher of 804 East Coast Drive, clarified the setback COMMISSIONERS N D s 0
requirements of Section 24-163 in the final draft of the ordinance. He
opposed the change from 20' to 15' for the parking of boats and
recreational vehicles. He felt the change would destroy the aesthetics
of a neighborhood, would cause parking problems since cars would
now be parked on the street to accommodate a boat parked in the
front yard, and would result in a negative impact on property values.
No one else spoke for or against the proposed ordinance, and the
Mayor closed the public hearing.
Discussion of vested rights ensued and City Manager Hanson pointed
out that a definition of vested rights was included in the ordinance.
Community Development Director Doerr's memo (Item 7A and & B)
clarified the language of the ordinance and is attached as
Attachment D.
Discussion ensued concerning the change in Section 124-163 for
parking or storing recreational vehicles, boats and trailers from 20' to
15'. Commissioner Waters concurred with former Mayor Lyman
Fletcher and opposed the change. He urged Mayor Meserve and
Commissioners Beaver and Borno to reconsider their positions and
11 change the setback requirement back to 20'.
Commissioner Beaver reiterated his previous position and believed
the Commission made this change in order to address the needs of the
Marsh Oaks Community. He felt the change would cause no major
impact to the city.
Code Enforcement Officer Sherrer confirmed that several 15 — 17'
boats were legally parked in front yards in various areas of the city.
Mayor Meserve thanked the Community Development Board
Members and the Commissioners for their work on the ordinance
which he believed was much better than the current zoning
ordinance.
Following brief discussion the motion carried by a four to one vote
with Commissioner Waters voting nay.
C. Ordinance No. 60-01-11 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING CHAPTER 17, SIGNS AND
411[ ADVERTISING STRUCTURES, ARTICLE I, SECTION
17-17, TO PROVIDE FOR THE TREATMENT OF NON-
CONFORMING SIGNS; PROVIDING FOR
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November 26, 2001 T C
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II RECORDATION AND PROVIDING AN EFFECTIVE COMMISSIONERS N ND S N0
DATE (City Commission) BEAVER X X
BORNO X X
Motion: Approve Ordinance No. 60-01-11 on first PARSONS X
reading. WATERS X
MESERVE X
Mayor Meserve indicated that the final reading and public hearing for
the ordinance would be held December 10, 2001.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Approve Interlocal Agreement with the City of
Jacksonville for the distribution of 911 funds and
authorize the Mayor to execute the agreement
BEAVER X
Motion: Approve Interlocal Agreement with the City of BORNO X X
Jacksonville for the distribution of 911 funds and PARSONS X X
authorize the Mayor to execute the agreement. WATERS x
MESERVE X
There was no discussion and the motion carried unanimously.
B. Public Hearing and action on a request for a Use-by-
Exception filed by Damon Rebhahn to operate a cabinet
and furniture repair shop on property on the east side of
Mayport Road south of Dora Street(City Manager)
Motion: Accept the recommendation of the Community BEAVER X X
Development Board and approve the use-by-exception BORNO X X
filed by Damon Rebhahn to operate a cabinet and PARSONS X
WATERS X
furniture repair shop on property on the east side of MESERVE X
Mayport Road south of Dora Street.
The Mayor opened the floor for a public hearing and invited
comments from the audience.
No one spoke for or against the application and the Mayor declared
the public hearing closed.
Commissioner Borno noted that in the past a use-by-exception was
issued for the applicant and location only and inquired if it was
applicable to this request. Community Development Director Doerr
indicated that these were standard recommendations for all uses-by-
exception. Commissioner Borno requested that the minutes reflect
this condition.
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November 26, 2001 T C
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COMMISSIONERS N D S 0
Following brief discussion the motion carried unanimously.
C. Approve issuance of an occupational license for a car
wash to be located at 835 Atlantic Boulevard BEAVER X X
BORNO X x
Motion: Approve issuance of an occupational license for a PARSONS X
car wash to be located at 835 Atlantic Boulevard. WATERS X
MESERVE X
Community Development Director Doerr explained the requirement as
written in the staff report which is attached and made part of this official
record as Attachment E.
In response to Commissioner Borno's request for information concerning
the type of operation, Jonathon Plumb, owner of the car wash, explained
the water recycling operation for the business, the proposed landscaping
for the site, and indicated that the business would create 20—30 part time
jobs.
Following a brief discussion, it was the consensus of the Commission to
amend the ordinance to remove the requirement for Commission approval
of the occupational license for a car wash.
. The motion carried unanimously.
Y
D. Authorize staff to prepare an ordinance establishing a
policy on utility due date extensions for customers on fixed
incomes, with hardships and allowing for waiving of late
fees under certain conditions (City Manager)
BEAVER X X
Motion: Authorize staff to prepare an ordinance establishing a BORNO X X
policy on utility due date extensions for customers on fixed PARSONS X
incomes, with hardships and allowing for waiving of late fees WATERS x
MESERVE X
under certain conditions.
There was no discussion and the motion carried unanimously.
E. Approve list of surplus items and authorize their sale at public
auction (City Manager) BEAVER X X
BORNO X X
Motion: Approve list of surplus items and authorize their sale PARSONS X
at public auction. WATERS X
MESERVE X
City Manager Hanson explained that placing city vehicles in the
liJacksonville Beach public auction would free up much need storage space
and allow for a quicker disposal of the vehicles, which should bring higher
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November 26, 2001 T C
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proceeds to the city. He indicated that the city would pay a share of the COMMISSIONERS N D S 0
cost for the auctioneer.
There was no discussion and the motion carried unanimously.
F. Authorize staff to negotiate a contract with Aikenhead and
Odom to provide engineering services for a stormwater master
plan update; if unable to negotiate a satisfactory contract,
authorize staff to negotiate with Stanley Consultants, Inc. (City
Manager)
Motion: Authorize staff to negotiate a contract with BEAVER x x
Aikenhead & Odom to provide engineering services for a BORNO X X
stormwater master plan update; if unable to negotiate a PARSONS X
satisfactory contract, authorize staff to negotiate with Stanley WATERS X
MESERVE X
Consultants, Inc.
Commissioner Borno inquired if the update would dovetail with the
CH2M Hill Stormwater Master Plan completed in 1995.
Public Works Director Kosoy indicated that most of the recommendations
found in the 1995 plan were completed or under construction and the
11 update would expand the 1995 plan and include GIS mapping and a
revised capital improvement plan with priority rankings. Public Works
Director Kosoy indicated that the update would concentrate on drainage
issues in the Hopkins Creek and Ocean Grove areas. He indicated that
the completed update would provide the city with a ten year improvement
plan similar to the one just completed for water and sewer.
There was no further discussion and the motion carried unanimously.
9. City Manager Reports:
City Manager Hanson updated the Commissioners on the following
items:
• Reported that in order to avoid expensive construction delays,
he had approved an emergency purchase in the amount of
$10,800 for the additional fill dirt needed at Dutton Island.
• Reported that the Public Works Department had estimated it
would cost approximately $70,000 to extend power to the
medians on Atlantic Boulevard. He indicated that since no
funds were budgeted for the project, he did not intend to
411 proceed with the project at this time.
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• Reminded the Commissioners that a tour of the Core City COMMISSIONERS N D S 0
Project area was scheduled for Wednesday at 1:00 p.m.
• Reported that the final permit required for the Core City
Project was issued by the Corps of Engineers on November
11`h.
• Reported that the City's liability insurance coverd the city if it
was sued due to any action of Sea Turtle Patrol. However, the
Sea Turtle Patrol was not covered under the city's current
insurance.
• Reported the birth of Finance Director Nelson VanLiere's son,
Marcus Nelson VanLiere.
• Reported that the Navy had amended its RFP to privatize
utility services to include a provision that the bidders must be
able to provide service to Mayport and Naval Air Station
Jacksonville, which effectively removed the City of Atlantic
Beach from the bidding process. He indicated that because of
the change, it was not prudent to spend the funds budgeted for
411 a consultant to evaluate the project.
Mayor Meserve briefly explained the issue and requested that
the city inquire if the JEA would be interested in working with
the city in a joint effort to service the Mayport base.
• Reported that he had received a letter from Haywood Ball of
Beaches Habitat requesting that Habitat be reimbursed for the
cost of cleaning up the old landfill site in Marsh Oaks where
one of their homes was built. Due to Habitat's prior
knowledge of the existence of the landfill, City Manager
Hanson indicated that he intended to send them a letter
denying the request.
• Indicated that he was going to work with Habitat to clear title
on lots with city demolition liens
• Reported that water on Sherry Drive would be turned off
between the hours of 10:00 p.m. and 6:00 a.m. on December 6
— 12th to install valves. However, he indicated each
customer's water would be turned off only one night.
II 10. Reports and/or requests from City Commissioners and
City Attorney
Commissioner Beaver
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• Reported that a thermometer-type sign to track fund raising
efforts had been erected at the Adele Grage Community
Center. He suggested that the RFP for construction of the
center include a provision to allow the contractor a discount in
return for a donation to the project. There were no objections
to the suggestion.
• Reported that serious beach erosion had occurred with some
areas losing as much as 8-10' of sand. He requested that the
City Manager keep in contact with the Corps of Engineers
concerning the on-going beach renourishment project for
Duval County. It was suggested that the three beach cities
work together and hire a consultant to monitor the problem.
Commissioner Beaver stated that he would work with the City
Manager in this regard.
• Reported that he would attend tomorrow night's meeting of
the Recreation Advisory Board and noted that in the past there
had been poor attendance at the meetings and on several
occasions they did not have a quorum. He requested
Commission input regarding the future of the Board.
iCity Manager Hanson felt it would be premature to address
the future of the Board since Commissioner Borno and he
were working on the question of charitable contributions and
this was related to the role of the Recreation Advisory Board.
Commissioner Borno
• Requested an update on the Wonderwood Road project and
inquired if the design had changed.
Commissioner Waters
• Thanked the Mayor for moving forward with the Zoning
Ordinance and getting it passed.
• Indicated that he would be unable to attend the Tour of the
Core City.
• Felt the land which was swapped with Habitat should be
incorporated into Jordan Park and requested a plat of the park
boundaries.
• Requested that a congratulatory letter be sent to former City of
Atlantic Beach Finance Director, Kirk Wendland, who was
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November 26, 2001 T c
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appointed head of the Jacksonville Economic Development COMMISSIONERS_ N D S 0
Commission by Mayor Delaney. Mayor Meserve indicated
that he would send the letter.
Mayor Meserve
• Thanked everyone who was involved with working on the
Zoning Ordinance for their diligence in getting it passed.
• Indicated that he had received information concerning the
National Beach Renourishment Conference to be held in
January and suggested that a representative of the city attend.
• Stated that he was impressed with the new Jordan Park
Community Center and the improvements which had taken
place in the area, generally, over the past few years.
• Reported that sixty-five people took part in the Mayport Road
clean-up and thanked them for making it a successful event.
• Suggested that Debra Igou, the new Director of the Parks and
Recreation Department for the City of Jacksonville, be invited
to visit the city.
There being no further discussion or business to come before the City
Commission, the Mayor declared the meeti w g .•j• rned at 9:25 p.m.
Jo -serve
Attest: Mayor ,'residing Officer
Maureen King
Certified Municipal Cler
I
ATTACHMENT A
NOVEMBER 26, 2001 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Second reading and public hearing for an administrative rezoning
initiated by the City of Atlantic Beach
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: November 15, 2001
BACKGROUND: This.is the second of two required readings and public hearings to
rezone an area of the "core city" from RG-1 to RS-2. The current RG-1 zoning allows a two-
family (duplex) dwelling to be constructed on a 5000 square foot lot with minimum lot width
of 50 feet. The rezoning to RS-2 will limit this area to single-family uses and those two-family
dwellings which now exist (provided these were constructed with proper Building Permits.)
This rezoning was considered by the Community Development Board at the October 17, 2001
meeting, and a unanimous recommendation of approval was made. The first reading of the
ordinance was approved at the November 12, 2001 meeting of the City Commission.
tIf it is the desire of the Commission to allow a period of time during which property owners in
this area may proceed with plans to develop duplex units, the following provision, which is
proposed as Section 6 of the attached rezoning ordinance, may be considered.
SECTION 6. Special Conditions. For a period of one (1) year from the effective
date of this Ordinance, property owners or their lawful assigns shall be entitled to seek and
obtain Building Permits to construct a Two-family (Duplex) Dwelling upon lands described •
herein, provided that such Development shall otherwise be in compliance with all applicable
regulations including the Florida Building Code and the Zoning, Subdivision and Land
Development Regulations as set forth within Chapter 24 of the Code of Ordinances for the City
of Atlantic Beach.
RECOMMENDATION: Motion to approve REZ-2001-02, an administrative rezoning to
Residential, Single-family (RS-2) for lands as described within attached Exhibit A, adopting
the proposed ordinance and upon findings as included within said ordinance.
ATTACHMENTS: Proposed ordinance and supporting •aterials.
REVIEWED BY CITY MANAGE • •
AGENDA ITEM#7A
NOVEMBER 26,2001
City of Atlantic Beach
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AGENDA ITEM#7A
NOVEMBER 26,2001
• ORDINANCE NUMBER: 90-01-173
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING
ORDINANCE NUMBER 90-01-173, REZONING LANDS AS
DESCRIBED HEREINAFTER FROM THE PRESENT ZONING
CLASSIFICATION OF RESIDENTIAL GENERAL, TWO-FAMILY
(RG-1) TO RESIDENTIAL, SINGLE-FAMILY (RS-2) PROVIDING
FINDINGS OF FACT, REQUIRING RECORDATION; AND
PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens are protected and enhanced by the enactment
of this ordinance, and
WHEREAS, the zoning change enacted by this ordinance shall provide for orderly
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and serve to accomplish
and implement the goals and objectives of the Comprehensive Plan, and
• WHEREAS, after required notice was published, public hearings were held on the 12th
day of November, 2001 at 7:15 p.m. and on the 26th day of November, 2001 at 7:15 p.m. to hear
and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
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 hearings, the above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:
a. The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
b. The rezoning to Residential, Single-family (RS-2) is consistent with the Comprehensive
Plan and the Future Land Use Designation of Residential, Medium Density.
c. The rezoning to Residential, Single-family (RS-2) is consistent with the zoning and land
development regulations for the City of Atlantic Beach.
d. The zoning district designation of Residential, Single-family (RS-2) is consistent and
11111 compatible with surrounding development.
Ordinance 90-01-173 Page 1 of 2
AGENDA ITEM#7A
NOVEMBER 26,2001
SECTION 2. Pursuant to this rezoning procedure, (File Number REZ 2001-02) the
zoning classification of Residential General, two-family (RG-1) of the lands described within the
legal description, attached as EXHIBIT A,
is hereby changed to Residential, Single-family (RS-2).
SECTION 3. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for vested
rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any
provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or
any other regulation shall be deemed waived or varied by any provision herein.
SECTION 4. 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 5. This ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the zoning classification shall be
recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
411 official.
one (1) year from the effective date
SECTION 6. Special Conditions. For a period of
of this Ordinance, property owners or their lawful assigns shall be entitled to seek and obtain
Building Permits to construct a Two-family (Duplex) Dwelling upon lands described herein,
provided that such Development shall be in compliance with all other applicable regulations
including the Florida Building Code and the Zoning Subdivision and Land Development
Regulations as set forth within Chapter 24 of the Code of Ordinances for the City of Atlantic
Beach.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of November, 2001.
Passed on final reading and public hearing this th of November, 2001.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
Attest:
ALAN C. JENSEN, ESQUIRE MAUREEN KING
City Attorney City Clerk
Ordinance 90-01-173 Page 2 of 2
AGENDA ITEM#7A
NOVEMBER 26,2001
EXHIBIT A
LEGAL DESCRIPTIONS OF RG-1 PROPERTIES BEING REZONED
ALL OF MILBERT HOMES SUBDIVISION
ALL OF FLOYDS CAMP REPLAT
LOTS 1,3, 5, 7,9, 11, 13, 15, 17, 19,21,23, 25,31,32 BLOCK 2
ATLANTIC BEACH SUBDIVISION A
LOTS 1-26 BLOCK 3,ATLANTIC BEACH SUBDIVISION A
LOTS 1-28 BLOCK 4,ATLANTIC BEACH SUBDIVISION A
LOTS 1-35 BLOCK 5,ATLANTIC BEACH SUBDIVISION A
ALSO IN BLOCK 5
PT LYING W OF PT OF LOT 34 RECORDED IN OR BK 8451 PAGE 1077
STRIP LYING W OF PT OF LOTS 32 &34 RECORDED IN OR BK 8897 PAGE 62
STRIP LYING W OF PT LOTS 32 & 34 RECORDED IN OR BK 7582 PAGE 1599
• N 26.67 FT OF S 150 FT OF UNNUMBERED LOT LYING WEST OF PROPERTY
DESCRIBED AS N 26.67 FT OF W 15.25 FT LOT 32, N 26.67 FT OF LOT 34
RECORDED IN OR BK 8243 PAGE 2361
S 26.67 FT OF N 150 FT OF UNNUMBERED LOT LYING WEST OF PROPERTY
DESCRIBED AS S 26.67 FT OF LOTS 33,35 RECORDED INOR BK 7723-0052
UNNUMBERED STRIP LYING W OF S 26.84 FT OF N 123.33 FT LOTS 33 AND 35
RECORDED IN OR BK 8798 PAGE 0251
UNNUMBERED STRIP LYING W OF S 26.49 FT OF N 96.49 FT LOTS 33 AND 35
RECORDED IN OR BOOK 9616 PAGE 1956
STRIP LYING W OF PT LOTS 33 AND 35 RECORDED IN OR BOOK 7886 PAGE 415
ALSO IN BLOCK 6
PT OF UNNUMBERED TRACT W OF LOT 36 RECORDED IN OR BOOK 4603
PAGE 258
LOTS 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, 34, 36 BLOCK 6
ATLANTIC BEACH SUBDIVISION A PLAT 1
LOTS 12-31 ATLANTIC BEACH TERRACE
• LOTS 538-549 S
ALTAIR SECTION 3
LOTS 643-647 SALTAIR SECTION 1
AGENDA ITEM#7A
NOVEMBER 26,2001
•
LEGAL DESCRIPTIONS OF RG-1 PROPERTIES BEING REZONED
PAGE-2-
LOTS 666-670 SALTAIR SECTION 1
LOTS 677-681 SALTAIR SECTION 1
LOTS 684-688 SALTAIR SECTION 1
LOTS 693-697 SALTAIR SECTION 1
LOTS 700-703 SALTAIR SECTION 1
LOTS 718-720 SALTAIR SECTION 1
LOT 735 SALTAIR SECTION 1
•
•
ATTACHMENT B
NOVEMBER 26, 2001 COMMISSION MEETING
• TO: Mayor John Meserve November 21, 2001
Commissioner Rick Beaver
Commissioner Michael Borno
Commissioner Paul Parsons
Commissioner Desmond Waters
FROM: Peter Sapia Q C5
1655 Selva Marina Drive, 249-8766
I feel like I'm fighting windmills, and I probably am, but for the good of Atlantic Beach, and to
ease my conscience, I am writing my judgments about the rezoning issue of the "core city"and
the soon to be enacted Zoning Ordinance No. 90-01-172.
I am submitting my comments in writing so that you may contemplate them and take them into
account before voting. I do not mean to be adversarial, argumentative or confrontational.
Regarding the "rezoning of the core city", I will reiterate the points I made at the first Public
Hearing and comment on the Zoning Ordinance whose "final draft"that was being changed as
the public spoke on November 11, 2001.
1) Duplex zoning provides entry level housing(purchase and rental) for people to
come to our city.
• 2) Substantially higher revenue comes to the city through:
a) Two sets of utility hook-ups
b) If investors retain ownership their taxes are far higher than homesteaded
properties as the years go on.
3) Experience has shown that population density is not increased, since
duplexes and townhouses typically have a single person or a couple, where
a single family frequently has in excess of four people in the household.
I understand that the duplex zoning in the core city does not violate the Comprehensive
Plan. The reason for changing the zoning was the result of a survey that I believe was
not fully understood by the public. This was obvious from the outcry that arose when
the proposal was first publicized. Regardless, I believe that the Commission should
leave the zoning as it presently stands for the good of the City.
I was provided with a copy of the Zoning Ordinance dated 9/7/01 with strike-outs and
underlines to delineate changes from the old Code. I believe that many changes have
been made since that `revised draft." I have found it a daunting task to compare
previous drafts with that draft and the "final" draft, so I will limit my comments to the
Zoning Ordinance No. 90-01-172 mostly dated 11/2/01. I would think that changes
would be made as the result of the hearing, not up to the date of the hearing, and then
final hearings held.
Getting back to my comments on the document itself; I look at it as having a stifling
• effect on property ownership. Our freedoms are constantly being eroded and now this
document erodes one of our basic freedoms of Private Property Rights. I am not so
naïve as to propose no regulations. I know that the good of the community comes
before the good of the individual, but this document arbitrarily restricts private property
rights without the commensurate counterpoint of protecting the community. Some
restrictions may be determined by State Statute or some higher authority, but few, if
any,by the so called Comprehensive Plan which I believe is formulated by the City.
A few items that I would cite by way of example are:
1) Creating a three month minimal rental for garage apartments. Since the
inception of Atlantic Beach we have not been inundated with boisterous, rowdy,
destructive vacation renters. One the nicest vacations my family has had was a
two week rental of a garage apartment in Cape May, NJ, a community very
similar in character to Atlantic Beach.
2) If more than 50% of the value of a Non-conforming Structure is destroyed, the
option of Assessed Value or Appraisal Value should be the owners' choice.
(Section 24-85 ( c)(2). Incidentally, the definition of Appraised Value states that
"the certified appraisal shall have been performed within the previous twelve
months".
3) Section 24-49 (e) states, "The Community Development Board shall not
approve any Variance that would allow a Use that is prohibited by the terms of
this Chapter or by the Comprehensive Plan." I would think that the CDB should
be able to grant a Variance.
• 4) Section 24-87(a)now puts added requirements on construction which effectively
increases lot sizes.
5) Section 24-106(d)refers to Future Land Use Map and is ambiguous as to lot
width required for Townhouses.
6) Division 7 Supplementary Regulations is particularly onerous in curtailing lot
uses. Arbitrary limits have been created with no apparent regard to lot size or
how accessory uses or structures affect the community.
7) Section 24-159 Home Occupations has numerous restrictions placed on a citizen
that have no bearing on the public health, safety, comfort and welfare of the
community.
These are only a few issues that I believe should be reviewed by the Commission.
These few issues are indicative of the attitude and sense of the complete zoning
ordinance. It conveys to me an attitude of unnecessary restrictions and limitations. I
respectfully request that you would review each limitation placed on the citizenry of
Atlantic Beach and, unless there is a compelling reason to leave it as proposed,
eliminate the change or relax the restriction. We would then have a document that
promotes a sense of freedom of the citizenry to use their property as they see fit and
limited by the need to promote the public health, safety, comfort and welfare of the
community.
Copy to: James Hanson, City Manager
Sonya Doerr, Community Development Director
•
11/LO/1J1 1.3.%0 SaVU4 JUG OULi) riC rL
ATTACHMENT C
NOVEMBER 26, 2001 COMMISSION MEETING
NORTHEAST FLORIDA
• ASSOCIATION OF REALTORS
November 26, 2001
The Honorable John S. Meserve
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mayor Meserve:
On behalf of the Northeast Florida Association of Realtors, (NEFAR), I am writing to you
regarding the proposed changes to Chapter 24 Zoning and Subdivision Regulations for
the City of Atlantic Beach, Much work has gone into this piece of legislation and the
City staff and Commission is to be commended for working to resolve some very
difficult issues. One new section of the code, however, does require a second look.
Section 24-88 of the Regulations addresses garage apartments and includes a provision
that proposes to prevent property owners from renting their garage apartments for
• righ"less than ninety (90) consecutive days."
ts of roe owners, this new
In addition to the obvious infringement upon the property rtY
law raises several questions that should be given thorough consideration before its
passage. What is the purpose and intent of this proposal? Does the law achieve its
goal? How will it be enforced? What is the overall implication of this regulation?
During the November 12 public hearing the members of the commission stated that the
reasons for the restriction are to alleviate parking and public disturbance problems that
some attribute to short term renters. Specifically, it was pointed out that there is no
parking for these garage apartments. One must question how the duration of a lease
has any effect on this problem. Regardless of the length of the stay, someone will still
occupy the property and likely own or rent a vehicle whether it is the same one for 3
months or different ones for a shorter time. In fact, there is probably more likelihood
that there will be only one vehicle if the lease is shorter.
Loud partying by short-term renters was also brought up as justification for this
regulation. Do officials honestly believe this law will eliminate loud partying at the
beach?This new law is punishing those landlords and tenants who conduct themselves
properly for the sins of the few. A family who might otherwise rent one of these
apartments for a vacation will now be forced to turn to a more expensive hotel or
condominium. Illegal public conduct is addressed by the City's Noise, Nuisances and
Offenses regulations and is enforced by the local police, not code enforcement officers.
• 7801 Deercreek Club Road Jacksonville,FL 32256
(904)394-9494 Fax(904)398-8025 s wwwnefarcom
1l/LO/U1 13:4:1 (IUU4 ..1 0 OUZO NE HL AIN KL1KS WJUU3
• In addition enforcement is an issue raised by this proposal. Can the City's code
enforcement officers enforce this law? How will they enforce it? Will code enforcement
officers review personal financial records of property owners to determine if there is a
violation? Or will officials be relying on neighbors to report each other for violations?
Finally, City Commissioners should consider the implications of this restriction when
reviewing the proposed regulation. This provision is an invasion on the rights of
property owners in Atlantic Beach. During this time of threat to our precious freedoms
and economy our local governments should be increasingly sensitive to regulations that
effectively deny our basic rights as Americans.
Sincerely,
Vel le' ,71—
Dan Jones
President, Northeast Florida Association of Realtors
Cc: Commissioner Rick Beaver
Commissioner Mike Borno
Commissioner Paul Parsons
Commissioner Dezmond Waters
•
•
ATTACHMENT D
NOVEMBER 26, 2001 COMMISSION MEETING
•
MEMORANDUM
TO: City Commission and Mayor
FROM: Sonya Doerr, AICP
Community Development Director
DATE: November 19, 2001
SUBJECT: Changes proposed to the zoning regulations and rights of property owners
after the regulations are adopted
Two issues with respect to changes in the zoning regulations and how these changes may impact the
rights of property owners have been discussed throughout the zoning code amendment process. The first
• issue involves owners of lots in the core area that is proposed to be rezoned from RG-1 (two-family) to
RS-2 (single-family.) A one-year"grace" period has been proposed to allow property owners a period of
time to proceed with plans to develop duplexes in this area. A proposed section has been added to the
rezoning ordinance that will allow property owners one year to obtain building permits to build Two-
family dwellings or Duplexes in this area.
Other changes in the regulations, and how these changes may impact "works-in-progress" may be dealt
with through vesting provisions that have been proposed as Section 24-51 of the amended zoning
regulations. Following is a definition and summary of vested rights, and how this process will be
administered by the City.
Definition of Vested Development
Vested Development means a proposed Development project or an existing Structure or Use, which in
accordance with applicable Florida law or the specific terms of this Chapter, is exempt from certain
requirements of the Zoning and Land Development Regulations and/or the Comprehensive Plan.
There are two types of vested rights recognized by Florida law, however, the City under its own authority,
may also "deem vested" certain rights when zoning and land use regulations change. This is the method
that will be used to recognize the rights entitled to owners of those duplexes now existing in the core area
proposed to be rezoned to RS-2. With the adoption of proposed Section 24-86, vested rights are
automatically conveyed, and those property owners will not have ask to be vested.
In other situations, a property owner may request a vesting determination from the City, and based upon
the circumstances of that individual project, one of the following two types of vested rights may be due to
• the property owner.
AGENDA ITEM#7A&B
NOVEMBER 26,2001
110 a) Statutory vested rights— In order for a project to be entitled to this type of vested right, each of the
following must occur:
1. A "final local development order" must be issued by the City prior to the change in regulations.
The most common example of a final local development order is a Building Permit.
2. The project must commence. It should be noted that commencement may vary based upon the
type of project, but generally, some physical work (properly permitted, of course) within the
property should have begun.
3. The project must continue in good faith. In other words, if a project obtains permits and work
begins, and then work on the project stops for an extended period of time, any vested rights may
expire.
b) Common law vested rights, or the term"equitable estoppel" as often used by attorneys, are closely
related legal concepts. Florida Courts have long recognized the fairness doctrines of common law
vested rights and equitable estoppel. Common law vested rights are acknowledged and derived from
the past collection of Court decisions which have concluded when a property owner is entitled to
complete a project under previous regulations. In order for a property owner to have common law
vested rights, the following requirements must be met.
1. There must be an act or omission by the government. For example, an act of the government may
include the adoption of new zoning regulations, the issuance of Building Permits, approval of a
Variance, or alternatively, a failure or omission of the government to follow its own procedures
• thatand regulations.
act of thegovernment. For example,
2. The property owner or developer relies in good faith on p ,
a property owner might have house plans designed and construction plans prepared in good faith
reliance on the previous zoning regulations.
3. The property owner or developer has a substantial change in position, which is most commonly
considered to be the expenditure of significant funds, but a change in position can also be
physical changes that have already been made to a property in preparation for a project. The
expenditure of significant funds may vary based on the size and scale of a project. For instance,
if the project is one single-family or a duplex residence,the expenditure of$1000.00 to purchase
a set of house plans is probably a significant expenditure for that property owner. On the other
hand, the expenditure of $10,000.00 for a large condominium project would probably not be
considered a significant expenditure to the point that the developer would have a substantial
change in financial position.
Determinations of vested rights, whether Statutory or common law, must be evaluated and determined on
a case-by-case basis. Requests for vested rights determinations must be supported by factual evidence
provided by the property owner, and any fmding of a vested right must be very specific in stating the
terms of the vested right and what regulations a project is vested against.
It should be anticipated that other vesting issues, in addition to the"duplex issue,"will arise after the new
regulations become effective. The establishment of the 50% percent maximum impervious surface
limitation is one issue that could result in the need for major changes to the development of a residential
lot. For example, in the case where a property owner has designed and engineered a house and associated
• improvements prior to the new regulations, that property owner is likely entitled to vested rights, which
2
•
AGENDA ITEM#7A&B
NOVEMBER 26,2001
• would allow the project to be completed as designed rather than re-design and re-engineer the proposed
construction.
In this case, the owner would submit in writing a chronology of the project along with other necessary
documentation. The City would issue a letter finding the project vested to continue as originally
designed. The vesting letter would identify the property and the specific project and would clearly state
that this project is not subject to the 50% impervious surface limitation and cite that section of the Code.
The letter would also document any other relevant information associated with the specific project
including any conditions of the vesting and the expiration date of the vesting determination. (Although
not required, some jurisdictions choose to record or certify vesting determinations.)
•
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