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Agenda Packet 8-12-13
CITY OF ATLANTIC BEACH CITY COMMISSION MEETING August 12, 2013 - 6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of July 8, 2013. B. Approve the minutes of the Special Called Commission Meeting of June 24, 2013. C. Approve the minutes of the Commission Workshop of June 24, 2013. D. Approve the minutes of the Town Hall Meeting of July 13, 2013. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 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 Financial Report, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for June. B. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NUMBER 90 -13 -218, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; 1 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 65- 13 -38, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. C. ORDINANCE NO. 80-13-83, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. (Rule 62 -610 of the Florida Administrative Code is provided in the electronic agenda packet.) D. ORDINANCE NO. 20-13-124, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. E. ORDINANCE NUMBER 90 -13 -219, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY -SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY -FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing for UBEX -13- 00100056. Request for a use -by- exception to allow on premises consumption of alcoholic beverages including beer, wine and liquor by Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district. (City Manager) B. Public Hearing for UBEX -13- 00100059. Request for use -by- exception to allow for the sale of electric vehicles in a new building within the Commercial General (CG) Zoning District (58 10th Street West). (City Manager) C. Public Hearing for ZVAR -13- 00100058. Request for variance from Section 24- 161(h), to allow a reduction in required parking from 19 spaces to 11 spaces (58 10th Street West). (City Manager) 2 D. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage. (149 Oceanwalk Dr. S.) (City Manager) E. Staff recommendations on addition to Chapter 21 parking on right -of -way. (City Manager) F. Construction Services for Rose Park Improvements. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager /City Clerk/City Attorney. (Commissioner Beckenbach) B. Discussion of City Code pertaining to parking restrictions for boats and trailers. (Commissioner Daugherty) 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, August 9, 2013. 3 WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know MINUTES REGULAR CITY COMMISSION MEETING July 8, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Carolyn Woods ABSENT: Commissioner Jonathan Daugherty City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna Bartle Recording Secretary Nancy E. Bailey Call to Order /Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. B. C. D. E. Approve the minutes of the Regular Commission Meeting of June 10, 2013. Approve the minutes of the Special Called Commission Meeting of May 28, 2013. Approve the minutes of the Commission Workshop of May 28, 2013. Approve the minutes of the ICMA University Web Conference of June 6, 2013. Approve the minutes of the Candidate Workshop of June 6, 2013. Mayor Borno asked if there were any other corrections to the above minutes. He stated the changes to the ICMA Web Conference minutes requested at the workshop have been made and were included in the amended agenda. There were no other changes and he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. Mayor Borno welcomed the audience and explained the process for public comments. Ralph Marcello, President of Beaches Habitat, introduced Lynn Hileman, their property appraiser. He stated he spoke to him about the sale price of Habitat's homes versus the appraised value. He explained Habitat affiliates sell their homes at actual cost to build and their current cost is about $120,000. He stated if Mr. Hileman appraises the home at $130,000 they place a silent second mortgage on the house so a new home owner cannot take advantage between the difference of the actual cost and the appraised value of the home. He distributed a picture of an example of the homes they are building, which was located on Penman Rd. in Jacksonville Beach, stating they have upgraded the quality of the homes they produce. He asked Mr. Hileman to discuss the appraisals. Lynn L. Hileman, Hileman Appraisal Group, 1713 Penman Road, Jacksonville Beach, explained the difference in using a Beaches Habitat price and an actual appraisal value. He stated what the tax assessor does has no bearing on the value because they are not looking at the sale prices. He stated, as a real estate appraiser, from a mortgage standpoint, he would never use a Beaches Habitat sale because it does not reflect an arm's length transaction. He stated they are selling their homes at cost to people who have proven the need for sub - priced housing not market - priced housing. He stated there is no danger in the City dragging down the value of the neighborhood by cooperating with Beaches Habitat and showing goodwill. July 8, 2013 REGULAR COMMISSION MEETING Page 2 Marc Hudson, Land Protection Director for North Florida Land Trust, explained his background and spoke on the difference between conservation easements and deed restrictions. He stated conservation easements are perpetual while deed restrictions can be long -lived but are predicated on renewals. He further explained conservation easements are foundational in the Constitution of Florida and deed restrictions operate under common law. He explained on deed restrictions there are restrictions on alienability, which is anything that would actually cause the property to be harmed in a sale in the future; i.e. if the golf course were running into financial troubles they could argue before a court for removal or adaptation of the deed restrictions. He stated in some certain situations conservation easements, because they have a public benefit statement, get a heavier consideration in court because the judge actually has to take into consideration the public benefit to the City of Atlantic Beach, which is not necessarily the same in deed restriction. T.R. Hainline, 1301 Riverplace Blvd., stated he was representing Atlantic Beach Partners on the SPA rezoning. He updated the Commission on issues related to the Selva development, explaining this is a down zoning in intensity and density. He stated they have been working with staff on annexation, and they have prepared and obtained the City of Jacksonville's approval of an Interlocal agreement stating both Atlantic Beach Partners and the Club are committed to supporting annexation, the City of Jacksonville has agreed to consider annexation and regulatory powers over both portions of the property are turned over to the City of Atlantic Beach. He further stated they have prepared and submitted to Atlantic Beach staff a draft annexation agreement and are committed and ready to take that to the City of Jacksonville. He stated on the issue of reuse, they have prepared and submitted to and discussed with City staff a draft reuse agreement and anticipate finalizing that agreement this month. He further stated the draft reuse agreement they submitted requires them to record a conservation easement. He explained they have agreed to the concept of an easement but hesitates to call it simply a conservation easement because unlike many of the things that are used for public trust documents this will have an active recreational use on it, a golf course and everything that goes with a golf course. He stated therefore they are referring to it as a recreation and conservation easement but it would be in perpetuity and they are happy to continue to work with staff and get any input from Mr. Hudson on this document. He stated they sent a letter on all three issues on July 3 to the City Manager committing to use City of Atlantic Beach reuse water, to support annexation, and to record the recreation and conservation easement after the closing of the sale to Atlantic Beach Partners but before the City commencement of construction on the reuse facility. He summarized they have done everything asked of them and are now asking for approval of the rezoning so they can move forward with the redevelopment of the golf course and club, with the annexation, with pushing forward the reuse, and with the recordation of the recreation and conservation easement. Dave Estes, 1275 Linkside Drive, stated he wants two small conditions added to the plan; (1) that the Club shall maintain their backyard areas that members do not see but neighbors of the perimeter of the club do see, by mowing/trimming grass and weeds, including the banks of ponds and waterways and not dumping landscape debris and (2) that the Club shall take into consideration how their actions will affect the neighbors' views of the golf course when they are planning landscaping, hedges, nets, fences, etc. He stated he was told this afternoon that was being discussed between the developers and the new owners of the club. He stated he doesn't know what the answer was to it but would love to hear an answer from somebody. Michael Hoffmann, 176 Camelia Street, expressed his appreciation to the Police for their prompt and helpful assistance to a problem they had recently on his street. He further stated, as secretary to the Fleet Reserve Association 290 Fountain Project Committee, they have submitted a proposal to the City for a fountain and lights in the retention pond on Mayport Road adjacent to the Fleet Reserve. He stated Rick Carper put them in touch with Bluewater Company who came up with a proposal that would cost $7,500 to install, $1,000 /year for electricity, and $500 /year for quarterly maintenance. He stated the Fleet Reserve July 8, 2013 REGULAR COMMISSION MEETING Page 3 project committee has agreed to offer $2,500 toward the cost. He left a copy of a prospectus from Bluewater with the City Clerk and will attend the budget hearings to discuss this with the Commission. Veda Harless, 680 Sailfish Drive E., addressed Item 7K. She stated she is currently the Chair of the Code Enforcement Board and it works very well. She explained her reasons for not moving to a magistrate. She stated she would like to continue to serve the residents and believes it serves them well by having their peers and neighbors be the ones listening to why they may or may not be in violation. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. City Manager Hanson reported, as discussed by Mr. Hainline, the Interlocal agreement with Jacksonville on the permitting of the Country Club Development was approved by the City of Jacksonville. He stated they have received the letter from the Country Club dealing with the three conditions the Commission set at the May 13 meeting, which was within the 60 day time limit. He distributed a copy to the Commission (which is attached and made part of this Official Record as Attachment A) He further stated they have scheduled a workshop for the Commission to hear the presentation of the results of the pay plan as well as a Budget 101 workshop for Monday, July 22 at 5:00 p.m. He stated he intends to get a budget out to the Commission by the end of this week. Item 7A and Item 8D were taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -13 -216 by title. Motion: Approve Ordinance No. 90 -13 -216. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is related to rezoning the Country Club property to permit construction of a 180 -unit subdivision. 8D. Discussion of options in regard to Second Reading of Ordinance No. 90 -13 -216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. Commissioner Beckenbach asked to make a motion to amend the Ordinance. Motion: Amend Ordinance No. 90 -13 -216 to add a second special condition to Sec. 3 of said Ordinance, to read as follows: Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice July 8, 2013 REGULAR COMMISSION MEETING Page 4 facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit uses on such portion of the Property to recreational uses and conservation /greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity. Moved by Beckenbach, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court West, stated he supports the movement forward on preserving such a wonderful asset and the amendment. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods thank everyone for working together for the betterment of the community. Commissioner Beckenbach thank City Attorney Alan Jensen for helping him on this Ordinance and the amended motion. Mayor Borno called for a vote on the Ordinance as amended. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED Item 8A was taken out of sequence and acted on at this time. 8A. Approval of Interlocal Agreement w /COJ for Country Club development. Mr. Hanson summarized the agreement stating this allows the City of Atlantic Beach to handle the permitting for this entire project, both for what is in our City limits presently and the rest of the golf course property outside the City limits. He stated with the anticipation of annexation, it makes it more seamless for everyone to be regulated through one agency rather than multiple agencies during this transition. He stated staff recommends approval. Motion: Approve the Interlocal Agreement with the City of Jacksonville for the Country Club development. Moved by Woods, Seconded by Mark Commissioner Beckenbach asked who will determine which trees will stay and which will go. Mr. Hanson stated Atlantic Beach will be doing all of the tree permitting as described in the zoning they just approved. He stated he understands Jacksonville approved equal zoning for their portion of this property. Further discussion ensued. July 8, 2013 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 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 Financial Report for April, Building Department Monthly Activity Report, the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of $12,083 of forfeiture funds for equipment purchases and $3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on -line applications on behalf of the Mayor and the City. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Woods, Seconded by Beckenbach Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13 -09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 13 -09 by title. Motion: Approve Resolution No. 13 -09 as read. Moved by Mark, Seconded by Woods July 8, 2013 REGULAR COMMISSION MEETING Pace 6 Mayor Borno summarized the Resolution stating this is continuing our agreement with FDOT for maintenance of ROWs, drainage ditches and ponds along the State highways within Atlantic Beach. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 90 -13 -216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 90-13-217, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE- FAMILY (RS -1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -13 -217 by title. Motion: Approve Ordinance No. 90 -13 -217 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is for rezoning the property to the south of the Country Club back to single family residential since the property is no longer part of the prior Country Club PUD. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-13-122, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -13 -122 by title. July 8, 2013 REGULAR COMMISSION MEETING Page 7 Motion: Approve Ordinance No. 20 -13 -122 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is to approve funding to install a single - camera video system in the Commission Chamber. Mayor Borno opened the Public Hearing. Sally Clemens, 1638 Park Terrace West, addressed the Commission asking that they please speak into their microphones. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 3 — Beckenbach, Mark, Woods Nay: 1— Borno MOTION CARRIED D. ORDINANCE NO. 95-13-106, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -13 -106 by title. Motion: Approve Ordinance No. 95 -13 -106 as read. Moved by Woods, Seconded by Mark Mayor Borno summarized the Ordinance stating it amends the Animal Control Ordinance as related mostly to dangerous dogs. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 5- 13 -59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -59 by title. July 8, 2013 REGULAR COMMISSION MEETING Page 8 Motion: Approve Ordinance No. 5 -13 -59 as read. Moved by Beckenbach, Seconded by Mark Mayor Borno explained this changes the Code so that dangerous dog cases will be heard by a Special Magistrate rather than the Code Board. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Mr. Hanson stated if this is approved they will need to get a Special Magistrate, explaining the process to do so. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED F. ORDINANCE NO. 75-13-18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 75 -13 -18 by title. Motion: Approve Ordinance No. 75 -13 -18 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this adds provisions in the Code dealing with taxi cabs which we have not previously had. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED G. ORDINANCE NUMBER 90 -13 -218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; July 8, 2013 REGULAR COMMISSION MEETING Page 9 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -13 -218 by title. Motion: Approve Ordinance No. 90 -13 -218 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is extending the PUD limits for Fleet Landing to include additional property for a maintenance facility they want to build. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED H. ORDINANCE NO. 95-13-107, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -13 -107 by title. Motion: Approve Ordinance No. 95 -13 -107 as read. Moved by Woods, Seconded by Mark Mayor Borno stated this authorizes the sale of a city -owned house at 765 Sabalo Dr. Commissioner Woods stated in addition to Mr. Marcello and Mr. Hileman speaking tonight, she also contacted an appraiser and asked how this was handled and he had pretty much the same answer. He stated appraisers use the market value and not the sale value, especially when it is non - profit involved. She stated she hopes the City avoids this type situation in the future but since they are here now she believes it is the appropriate thing to do. Mayor Borno asked if she supports the possibility of considering Habitat. Commissioner Beckenbach stated the Ordinance doesn't specify how to sell it just that they can sell it and they can discuss how at the next workshop. Mr. Hanson stated there is a Special Meeting at the next workshop to approve this ordinance and all it says is the City is authorized to sell it. He stated once they get to the second reading and approve it, he believes it is appropriate for the Commission to direct the staff as to which way they want to go. He reiterated this Ordinance does not stipulate how to sell it; it just declares it as surplus and says it can be sold. Discussion ensued. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED July 8, 2013 REGULAR COMMISSION MEETING Page 10 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 65 -13 -38 by title. Motion: Approve Ordinance No. 65 -13 -38 as read. Moved by Beckenbach, Seconded by Mark He explained this is authorizing the closure of a part of Orchid St. to allow for expansion of Rose Park. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80 -13 -83 by title. Motion: Approve Ordinance No. 80 -13 -83 as read. Moved by Woods, Seconded by Beckenbach He explained this Ordinance is creating provisions in the Code for a reuse water system that the City is planning to build. Commissioner Beckenbach asked how much other townships are billing for reuse water. Mr. Hanson explained Donna Kaluzniak got the rates for both JEA and Clay County and they made some projections based on the 180 houses and will bring it to the Commission before they start to be occupied. He stated the St. Johns Water Management District is considering our grant application tomorrow and staff is hopeful we will get funding for $440,000 towards the cost of this. Commissioner Woods stated she doesn't recall that this talks about the type of landscaping that will be put in and would suggest staff talk to the developers about their landscaping requirements before they come up with their projections and assumptions. Mr. Hanson stated they have had long discussions with the developers about the golf course property and about how many gallons they would use. He stated their projections of the volume of reuse water to be used are based on the 20 irrigation meters they have in the Linkside area. He stated they are relatively small lots and they thought they would be pretty much consistent with the size and July 8, 2013 REGULAR COMMISSION MEETING Page 11 amount of landscaping he would expect to be put in on these new lots. He stated they will have a discussion with the Commission in a few months and they will need to adopt a rate ordinance just like they do with water and sewer rates. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED K. ORDINANCE NO. 5- 13 -60, Introduction and First Reading AN ORDINANCE OF THE CITY 0 F ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -60 by title. Motion: Approve Ordinance No. 5 -13 -60 as read. Moved by Beckenbach, Seconded by Borno Mayor Borno summarized the Ordinance stating this is eliminating the Code Board and authorizing the use of a Special Magistrate to hear cases. He stated this was his recommendation and since they are going to Special Magistrate for the dangerous dogs he believes it is the optimum time to transition all of our Code Enforcement Board duties to a Special Magistrate. He stated it takes the weight off neighbors making decisions for neighbors which can become emotional. He stated by using a Special Magistrate we follow what the law says. Commissioner Beckenbach asked the City Attorney if the Magistrate would be the same one at every Code Enforcement meeting who would make the decision according to the codes as he /she reads them. Mr. Jensen stated yes. Commissioner Beckenbach asked how has he found others to be throughout the area and stated he knows Neptune has this. Mr. Jensen stated Neptune Beach recently went to this and Jacksonville Beach has had it for 6 -7 years, but he has not had any experience with them. Commissioner Beckenbach stated he has spoken to a number of different places who seem to be really happy with their magistrate. Discussion ensued. Commissioner Woods stated after hearing what the Chair of the Code Enforcement Board said she believes what you do with your home and what the City's response is to that is emotional and personal and she is not sure, as a community, we are quite ready to give that up and make it as impersonal as a magistrate would perceive to make it. She stated she believes our citizen committees are a good thing and work well and we have a community of citizens who like being involved and who take it seriously and look at the issues as they are. She stated she is not sure she is in favor of this part of it. She believes it is very important for the dangerous dog because that really becomes litigious. Commissioner Mark concurred with Commissioner Woods, stating she is not completely convinced that to dissolve the Code Enforcement Board for other violations is prudent at this time. She stated maybe they could think about this a little more. Mayor Borno stated he did not make this recommendation because of any feelings he has that the Code Enforcement Board has not done their duty; it is an efficient method to do it. He July 8, 2013 REGULAR COMMISSION MEETING Page 12 believes this is a prudent move and it will help streamline. He stated although it does eliminate some volunteer positions, there are other boards that they can be involved in. Commissioner Beckenbach asked if the people coming before the Code Board are becoming more litigious and if they are then he believes they should lean more toward the magistrate. Mr. Jensen stated he believes the only time people come in with lawyers is for a dangerous dog case, very rarely do lawyers come in representing people on anything else. Discussion ensued and Commissioner Beckenbach asked that this be deferred so he could do more research. Commissioner Beckenbach withdrew his motion and Mayor Borno withdrew his second. Mr. Jensen stated they could either defer it to a time certain or defer indefinitely and someone would have to bring it back. Motion: Defer indefinitely. Moved by Beckenbach, Seconded by Woods Mayor Borno encouraged the Commissioners to discuss with the Building Official and Code Enforcement people and get a feel for their side of this. Commissioner Mark encouraged them to come to the Workshop to give the Commission feedback on how they feel about this or they could send an email to the Commissioners. Mr. Jensen stated everyone here is free to attend the Code Enforcement Board meetings and see how they operate. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED L. ORDINANCE NO. 20-13-124, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -13 -124 by title. Motion: Approve Ordinance No. 20 -13 -124 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno explained this is to add grant revenues and expenses for the first phase of the construction of the pedestrian path at Tideviews Park. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED July 8, 2013 REGULAR COMMISSION MEETING Page 13 8. Miscellaneous Business A. Approval of Interlocal Agreement w /COJ for Country Club development. This item was taken out of sequence and acted on earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15 -17. Motion: Designate Mayor Mike Borno as the voting delegate for the Florida League of Cities Annual Conference in Orlando. Moved by Mark, Seconded by Woods Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and greenspace in the Selva Marina Development. Mayor Borno stated this does not include writing, it is just reviewing. Mr. Hanson stated the Country Club thought it appropriate for them to write so that would put our consultant in the role of reviewing it and making recommendations. Commissioner Beckenbach stated he would like to make a motion. Motion: Use the North Florida Land Trust as the City's consultant to review the Recreation and Conservation Easement being prepared by Atlantic Beach Partners, LLC & Selva Marina Country Club, Inc., per Ord. 90 -13 -216, and for North Florida Land Trust to make any recommendations on said Easement to the City. Moved by Beckenbach, Seconded by Woods Commissioner Beckenbach thanked Marc Hudson for coming and representing North Florida Land Trust. He stated this is very important to the future and when he is 90 years old he wants to make sure there is still greenspace over there. He stated he believes the North Florida Land Trust will be beneficial to us and worth the small amount of money they are talking about to bring them in to review this. He stated after their review they can give us the information that we need in order to make the proper decisions, along with Alan Jensen. Votes: Aye: 4 — Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED D. Discussion of options in regard to Second Reading of Ordinance No. 90 -13 -216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. This item was taken out of sequence and acted on earlier in the meeting. July 8, 2013 REGULAR COMMISSION MEETING Page 14 9. City Manager A. City Manager's Report. City Manager Hanson reported on a proposed Cultural Arts and Recreation Committee event. It will be an exercise session for children to be taught by Jeff Wight on July 15, 17 and 19. He stated this will be taught at the Atlantic Beach Elementary School track and will cost $10.00, which will be donated to Atlantic Beach Elementary. 10. Reports and /or requests from City Commissioners and City Attorney Commissioner Woods • Believes this new process is working well and has slowed things down enough for everybody to give it due consideration. • Stated she sent out an email about the dirt parking lot at town center stating they had to rescue someone who was stuck in the mud there. She stated she spoke to Mike Griffin about this who spoke to the property owner and they said they would be happy to come to our next workshop and discuss the options with us. She stated she would like to see if the City could work with the property owner to put in some fill dirt to help dissipate the water and keep people from getting trapped in there. She stated she knows the City is not in the habit of improving private property but believes the public is getting a benefit from this parking lot and they should at least look at it. • Reminded everyone there is a Town Hall meeting this Saturday from 10 to noon at Donner. • Spoke with Representative Janet Adkins about improvements on Mayport Road and Atlantic Blvd. and they will be meeting with the City Manager and representatives from Neptune Beach to talk about programs DOT has and what they can do for those corridors. Mayor Borno • The 4th Fleet anniversary is this week. • Looks forward to the next workshop. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:57 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on June 24, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. A T T O R N E Y S A T L A W ATTACHMENT A T. R. HAINLINE, JR. 1301 Riveip lace Boulevard • Suite 1500 Jacksonville, Florida 37207 904. 346. 5531 THainline @rdaw.com July 1, 2013 Revised July 3, 2013 904. 398 . 3911 Main 904.396.0663 Fax ww\vrda\vcom Mr. Jim Hanson City Manager, Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 RE: Atlantic Beach Country Club SPA; Ord. No. 9043 -216 Dear Jim: Atlantic Beach Partners, LLC ( "ABP "), and Selva Marina Country Club, Inc. (the "Club ") will agree to the following condition in the pending Special Planned Area: "Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit the uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity." Regarding the issues of re -use, annexation, and the Recreation and Conservation Easement: 1. ABP and the Club will agree to utilize re -use water as the primary source of irrigation water for the proposed uses, provided that availability is satisfactory for the proposed uses and that applicable water quality standards are met. On June 19, we submitted to you a draft agreement on this issue, and on June 28 we had a productive meeting with you to discuss revisions to the draft. We look forward to concluding those discussions and executing the agreement soon. 2. ABP and the Club support annexation of the City of Jacksonville portions of the Property into the City of Atlantic Beach. On June 25, the Jacksonville City Council approved an interlocal agreement advocated by ABP and the Club which, among other items: recites ABP's and the Club's support for annexation; states that ABP and the Club will initiate a proposal for annexation; and provides that the City of Jacksonville and City of Atlantic Beach will consider the proposal. 3. As part of the agreement described in Paragraph #1 above, ABP and the Club will agree to record a Recreation and Conservation Easement on the golf course portion of the property (excluding the practice facilities to be located south of the internal roadway) limiting Mr. Jim Hanson July 3, 2013 Page 2 the uses on that portion of the property to recreational uses and conservation/greenspace, including the golf course and related uses. The agreement will provide that the Recreation and Conservation Easement will be recorded after the closing of the sale of the property to ABP and prior to commencement of the City's construction of the reuse system. We trust that the proposed Special Planned Area condition and other points addressed above are responsive to the questions posed on these issues. Please contact me if you need any additional information. TRH:sql cc: Rick Wood (via electronic mail) Leed Silverfield (via electronic mail) Mike Carlin (via electronic mail) John Meserve (via electronic mail) Alan Jensen, Esq. (via electronic mail) JAX \1782623_2 -2- Sincerel T.R. ainline, Jr. MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON JUNE 24, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The Mayor called the meeting to order at 6:33 p.m. in the Commission Chamber. He explained the special meeting was called to approve the Resolution in support of not doing away with the Public Library at the beach. 1. RESOLUTION NO. 13 -10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING THE BENEFITS OF PUBLIC LIBRARIES, ENCOURAGING THE CITY OF JACKSONVILLE TO KEEP THE BEACHES LIBRARY IN NEPTUNE BEACH OPEN FOR THE PUBLIC AND REMINDING THE CITY OF JACKSONVILLE OF ITS REQUIREMENTS UNDER THE INTERLOCAL AGREEMENTS TO PROVIDE LIBRARY SERVICES TO ATLANTIC BEACH. Motion: Approve Resolution No. 13 -10. Moved by Mark, Seconded by Daugherty Mayor Borno read Resolution No. 13 -10 by title. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED The meeting was adjourned at 6:35 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JUNE 24, 2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Rick Carper, Public Works Director Mike Classey, Police Chief Donna Kaluzniak, Public Utilities Director Erika Hall, Principal Planner Jeremy Hubsch, Redevelopment and Zoning Coordinator Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of July 8, 2013, was called to order at 6:35 p.m. by Mayor Borno. Workshop -only items: 1. Presentation by Gary L. Anderson — Coastal Ecosystems. Mayor Borno introduced Mr. Anderson who gave a PowerPoint presentation, entitled Florida Coastal Adventures, related to our natural resources and ecosystem. He stated the slides, taken mostly in Atlantic Beach, show some of the things that make up the character of this particular region and make it special. 2. Jeremy Hubsch, Redevelopment and Zoning Coordinator — Mayport Road Redevelopment. Mayor Borno introduced Jeremy Hubsch who explained what he has done so far as the Redevelopment and Zoning Coordinator and what his plans are for the future related to the Mayport Road corridor, including forming a Mayport Advisory Group. He stated he is encouraged by what he has seen and believes they will get things turned around. He answered questions from the Commission. *Discussion of Agenda Items on July 8, 2013 Commission Meeting: Item 7A was taken out of sequence and discussed at this time. A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING Minutes — City Commission Workshop June 24, 2013 Page 2 FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance 90 -13 -216 by title. Commissioner Beckenbach discussed his concerns related to the conservation easement stating after discussing these with the City Attorney, he has proposed something that will give the citizens all of the legal language that is required for this conservation easement. City Attorney Jensen explained the language they propose to add to the ordinance for the July 8th meeting. He stated he does not believe this is a substantial change to the Ordinance because the changes are not substantive and do not affect the zoning but it is more of a procedural type change, but that is for the Commission to determine. He further stated the commitment to the conservation easement is also contained in the master agreement whereby they are committing to do that in perpetuity as well. Discussion ensued and Mr. Jensen answered several questions from the Commission. Item 7G was taken out of sequence and discussed at this time. G. ORDINANCE NUMBER 90 -13 -218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Principal Planner Erika Hall summarized her staff report explaining the purpose is to move the existing maintenance facilities from the northwest corner down to the new parcel. She stated where the maintenance facilities currently are the skilled nursing care facility will be renovated with a memory care center for Alzheimer's patients next to it. She answered questions from the Commission. 1. Minutes of the Regular Commission Meeting of June 10, 2013, the Special Called Commission Meeting of May 28, 2013, the Commission Workshop of May 28, 2013, the ICMA University Web Conference of June 6, 2013, and the Candidate Workshop of June 6, 2013. Commissioner Beckenbach commented on the minutes of the Web Conference asking that "it is important to avoid the perception of having a closed government and the key is to keep the citizens, the Commission and the newspaper well informed and put it out in a timely manner" be added. Mr. Hanson asked that he send him that wording in an email. It was the consensus of the Commission to add that wording to the minutes. Minutes — City Commission Workshop June 24, 2013 Page 3 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. Mr. Hanson stated the first Town Hall meeting will be held on July 13 at 10:00 a.m. at the Donner Center. Discussion ensued. Mr. Hanson reported on the cost of indexing the videotaped meetings as requested at the last meeting. He stated there are two options. He stated the cost to pay someone outside would be $120 /meeting; to have staff do this in- house, using the worst case scenario of paying overtime for a staff member to watch the meetings, it would be $52 /meeting. He answered questions from the Commission. Discussion ensued. Mr. Hanson further reported that the Commission asked that they set a meeting before the budget workshop to help the Commission better understand the complexities of the City's budget documents. He stated he would like to expand that to include the report on the pay study. He stated he will have staff call them to check their schedules to set this workshop at the end of July. Discussion ensued. 4. Consent Agenda A. Acknowledge receipt of the Financial Report for April, Building Department Monthly Activity Report, the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of $12,083 of forfeiture funds for equipment purchases and $3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on -line applications on behalf of the Mayor and the City. Commissioner Daugherty asked why the $3,500 is being subsidized from the General Fund in Item 4B. Chief Classey explained that is an annual maintenance cost and once they purchase the equipment that $3,500 becomes a normal operating expense, which forfeiture fund expenditures cannot be used for. Chief Classey also explained the JAG grant. Item 8A was taken out of sequence and discussed at this time. 8A. Approval of Interlocal Agreement w /COJ for Country Club development. Mr. Hanson explained the Interlocal Agreement stating the agreement stipulates that Atlantic Beach will receive all of the fees for permitting and inspection. He stated he recommends the Minutes — City Commission Workshop June 24, 2013 Page 4 Commission approve the agreement. He answered several questions from the Commission. Discussion ensued related to annexation. 5. Committee Reports None. 6. Resolutions A. RESOLUTION NO. 13 -09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Resolution by title. Rick Carper summarized the maintenance agreement, stating this is the same agreement we have had every year since the early 1990s. He stated it puts the ponds along Mayport Road and Atlantic Blvd under our maintenance for which DOT pays us $51,000 /year. He stated this does not include the Atlantic Blvd. or Mayport Rd. medians, which were put in at our request and are fully funded by Atlantic Beach. He answered questions from the Commission. Discussion ensued. 7. Ordinances A. ORDINANCE NO. 90-13-216, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. B. ORDINANCE NO. 90-13-217, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE- FAMILY (RS -1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion. C. ORDINANCE NO. 20-13-122, Public Hearing and Final Reading Minutes — City Commission Workshop June 24, 2013 Page 5 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Discussion ensued related to a multi- camera system. Commissioner Mark suggested reviewing this at the budget workshop instead of approving this for a single camera system for just one meeting. Commissioner Woods disagreed stating she believes they need to keep moving ahead because you never know what is going to happen in the budget process. D. ORDINANCE NO. 95-13-106, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion. E. ORDINANCE NO. 5-13-59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Commissioner Beckenbach stated he called Neptune Beach pertaining to how well this was working for them and they said it was phenomenal. Discussion ensued. F. ORDINANCE NO. 75- 13 -18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno stated this Ordinance is about taxi cabs. There was no discussion on this Ordinance. Minutes — City Commission Workshop June 24, 2013 Page 6 G. ORDINANCE NUMBER 90 -13 -218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. H. ORDINANCE NO. 95-13-107, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Mr. Hanson explained the background of the property stating there is an Ordinance required by Florida Statute before a city sells any property. He stated all this Ordinance says is that we don't need the property and are able to sell it; it doesn't specify how to sell the property. He further stated Beaches Habitat has looked at the property and has expressed an interest in buying it and remodeling it so they can put a homeowner in it. Discussion ensued on how to sell the house. Mr. Jensen further addressed the issue stating this house went before the Code Enforcement Board because it wasn't properly maintained and they were given a certain time by the Code Enforcement Board to bring the property up to meet the standards required by the Board. He stated they didn't meet that and started accruing a fine of $100 /day and when that reached $25,000 that was when they got permission to file the foreclosure suit. He stated this is an unusual case and is different from other City -owned property in that we got it through the Code Enforcement procedure. He stated this becomes a question of what the Commission wants to do with Code Enforcement Board property. He stated he doesn't believe it is the intent of Chapter 162 of the Statutes or our Code Enforcement Board ordinances for the City to make money on this property. He stated the intent is for the property to be improved and for somebody to be in there taking care of it. He stated, for example, if Beaches Habitat said they want to do this and they can get a responsible owner in there and the City can recover its cost, then the City is accomplishing what the goals of the Code Enforcement Board are, i.e. getting it brought up to standards and getting somebody in there to take care of the property and properly maintaining it He stated the number of houses they are going to get title to as a result of the Code Enforcement Board is very small. Further discussion ensued. Mayor Borno suggested the Commissioners put their ideas for the sale of the house on the agenda as an action item and they could be voted on at the next meeting. Mr. Hanson pointed out that the sooner they can get an answer the better because the City is paying to maintain the house now. He stated this item may make sense to have as a special meeting at the next workshop. Mr. Jensen stated they can propose an amendment to the Ordinance at the first reading. Minutes — City Commission Workshop June 24, 2013 Page 7 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Public Works Director Rick Carper summarized the Ordinance showing a slide of the street closure. He answered questions from the Commission. Discussion ensued. J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Public Utilities Director Donna Kaluzniak summarized the Ordinance, explaining all cities that have reuse systems have reuse ordinances and it is in our consumptive use permit that once we begin design of a reuse system, we have to adopt an ordinance within 90 days. She answered several questions from the Commission. Discussion ensued. K. ORDINANCE NO. 5-13-60, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. He stated he has been working with the City Attorney on this and explained his reason for wanting this change is that society and things have changed so much in relation to Code Enforcement Boards, with more people tending to bring their lawyers. He stated as they have voted to go with a special magistrate for dog cases he believes they should really consider going with a special magistrate for Code Enforcement. Discussion ensued. L. ORDINANCE NO. 20-13-124, Introduction and First Reading Minutes — City Commission Workshop June 24, 2013 Page 8 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Rick Carper summarized the staff report stating the purpose of this budget amendment is to provide construction funding for Phase 1A of the Preserves multi - purpose path. He explained we will be getting $17,500 of this money back after we have completed the construction. He showed a slide of the trail area. He answered questions from the Commission. 8. Miscellaneous Business A. Approval of Interlocal Agreement w /COJ for Country Club development. This item was taken out of sequence and discussed earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15 -17. City Manager Hanson stated at the next Commission meeting they will need to designate someone to vote, on the City's behalf, at the Florida League of Cities Convention on their policies and platform for the upcoming legislative year. He stated the only two elected officials who have signed up to go to the Convention are Commissioner Mark and the Mayor. Commissioner Woods stated she would nominate the Mayor because of all of his involvement over the years. C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and green space in the Selva Marina Development. Commissioner Beckenbach stated he believes the City should consider using a consultant related to the conservation easement to work with Alan Jensen, explaining Mr. Hudson's background. Discussion ensued. Commissioner Daugherty asked Mr. Jensen if there is a need for this and is there a fee for this consultant. Commissioner Beckenbach stated there would be a fee that depends upon how much we ask them to do. Mr. Hanson explained there is the drafting of the easement itself, which he believes would cost $2,500- $3,500, and once that is done there is a baseline documentation report which is an assessment of the property as it exists as of the date of the conservation easement, which becomes an historic document. He stated that would be another $3,000 to get that document. He stated, perhaps, they could get the country club or developer to pay for that part of it. Leed Silverfield, representative of the developer, stated he will discuss this with his partners and the club but he believes a deed restriction and a conservation easement seem to accomplish the exact same things. He stated for a deed restriction the City's lawyer could craft out a work with their counsel and, in his opinion, they would not need a consultant. He stated he does not believe the developer has a preference either way but needs to double check to make sure there is no negative impact. Answering Commissioner Daugherty's question, Mr. Jensen stated without seeing the conservation Minutes — City Commission Workshop June 24, 2013 Page 9 easement he cannot tell them whether they need a consultant. He stated if it is an in -depth conservation easement, he doesn't have a lot of experience with that, but if it is a fairly simple straightforward deed restriction which accomplishes what this Commission wants, then that would be acceptable. Mr. Jensen stated they reference in their contract a green space preservation agreement but he believes whatever they use they can make it so it is permanent. D. Discussion of options in regard to Second Reading of Ordinance No. 90 -13 -216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining green space. This item was taken out of sequence and discussed earlier in the meeting. 9. City Manager's Report. City Manager Hanson has nothing further to report. Mayor Bomo reported that Councilman Gulliford's installation as President is at 4:00 p.m. on Friday. 10. Courtesy of Floor to Visitors Mayor Borno opened the Courtesy of the Floor to Visitors. Sally Clemens, 1638 Park Terrace W., addressed Item 7K, stating she agrees that is a good idea. She asked if the Code Enforcement Special Magistrate is a lawyer, who hires that person and how much is the pay. Mayor Borno stated it is a lawyer, the Commission hires them and the pay is determined when they write a contract. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 8:34 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk *Formal action (if needed) will be taken at the Commission Meeting of July 8, 2013. Minutes of Town Hall Meeting Saturday, July 13, 2013 Present: Mayor Pro Tem Maria Mark Commissioner Carolyn Woods Commissioner Jonathan Daugherty City Manager Jim Hanson Approximately 15 citizens attended (sign -in sheets available) Mayor Pro Tem Mark called the meeting to order in the Donner Community Center at 10 am. She welcomed the citizens and invited their comments about any city related subject. Comments and discussions are summarized as follows: • Crime along the Mayport Corridor was the first concern. One resident was concerned about drunks, people sleeping at the location of the old Fred Saloon, gangs of young men roaming around in the lam to 2 am timeframe and people looking in their windows at night if they did not keep their curtains closed. • Mr. Selby was opposed to the landscape medians on Mayport Road as well as the Mayport Flyover. He stated it was hard to turn around and that the project had "killed" businesses. He wanted the City to take down the flyover. • Jimmy Hill was also opposed to the Mayport medians. He wanted "holes cut at key streets ". There was a general discussion about the value of the Mayport medians as well as the involvement in design and construction by the FDOT. • Mr. Reeves suggested a meeting be held with the FDOT concerning the medians. He also stated that the Commission was acting like a "homeowners association" and "against everything ", but not taking ownership of problems. He stated that the police station was one example. • Mrs. Brown indicated that she favored videotaping of public meetings, which was also supported by Jimmy Hill. • Mr. Hill said that the City's action in establishing certain parks had contributed to the crime problem because some of the more remote parks acted as crime magnets. He specifically said that prostitutes had used them and suggested that the City use the park rangers for more supervision. He supported putting a house on the largest remote park (Dutton Island) for a City employee to live in. He went on to say that he favored community parks like Donner which were active, but not parks like Tideviews which had more crime problems. • Steve Fouraker stated he was happy with the City's plan to install a single- camera system for videotaping of the commission meetings. • Michael Hoffman was concerned about pedestrian bicycle safety. He wanted to lower the speed limit on Mayport Road as well as lower the speed limits for all other streets in the City to 20 MPH. • Commissioner Daugherty said he favored speed bumps on city streets. However, there was a following discussion with several members in the audience who were opposed to speed bumps and preferred other options like rumble strips that would not damage cars that went over them. • Ray Brown said he was concerned about the City's finances. Specifically, he wanted the City to put more of the charges into taxes as opposed to fees. • Jimmy Hill said that he thought that the City representatives at the meeting did not have open minds. He stated that there had been too much money spent on studies and public planning. He favored letting the staff make the decisions without using consultants. • One citizen indicated a frustration with the lack of progress on the proposed project to install a fountain in the pond between 4th and 51h Street on Mayport Road. Michael Hoffman, who is involved in the project, explained the current status to him. • Steve Fouraker indicated in response to the numerous issues raised that "government is not easy" and that plans for the police station had not yet been finalized because there had not yet been a good enough plan put forth. • Jimmy Hill stated that he thought the City was often in a defensive mode when people are listening to citizen complaints. • Mike Hampton, who lives on Begonia Street had several complaints. The first was about his yard flooding during rain storms. Second, he received a citation for parking his boat in the front yard and third, that there is a "habitat home" that was not far from his house that had tall grass and weeds in the front yard. He wanted the City to change the Code to allow for boats in the front yard. Last he complained that there were two boats in City ditches on the side of the Dagley junk yard that were blocking the drainage. • There was a general discussion among the group about the proposed wastewater reuse system and the Selva Marina Golf Course project. Commissioners explained why the City was involved in the project. • Sally Clemens talked about plans for a possible roundabout at the five points intersection, the speed limits on her street and boats in the front yard. • Jimmy Hill wanted to be able to have public input from the citizens at commission meetings at the time that each subject was discussed. He said that he understood that, if elected as a city commissioner, the meetings would "last much longer ". Mr. Hill said he also favored letting all registered trailers be parked in front yards. • Steve Fouraker was concerned about people blocking City streets with parking on both sides. He was advised to call the police department when this happens. Meeting was adjourned at 12:00 pm. Jim Hanson City Manager AGENDA ITEM # 3A AUGUST 12, 2013 July 11, 2013 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans City Manager SUBJECT: Follow -up ' eport Grant for Reuse Construction; The City has received notice that the St. Johns Water Management District has approved a grant in the amount of $442,000 for construction of the equipment and pipes needed to provide reuse wastewater for irrigation to the new Selva Marina Golf Course and subdivision. This is a 40% grant for a total estimated construction price of $1,105,000.00. The design for the reuse facilities is currently being prepared with construction estimated to begin later this Fall and reuse water available beginning early in 2014. Donna Kaluzniak and John Collins worked together in preparing this grant application for a review by the Water Management Board. Atlantic Beach's project was ranked 14th out of 42 projects submitted by entities in the St. Johns River Water Management region. City of Atlantic Beach FINANCIAL REPORT June 2013 AGENDA ITEM # 4A AUGUST 12, 2013 Cash Balances Prior Current Dollar Percent Fund(s) 05/31/13 06/30/13 Change Change General $7,042,393 $6,908,012 ($134,380) -1.91% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 74,105 64,287 (9,817) - 13.25% Local Option Gas Tax 227,789 246,695 18,906 8.30% Better Jax 1/2 Cent Sales Tax 292,832 313,112 20,280 6.93% Police Training, Forfeiture, Grants, etc. 160,508 151,569 (8,939) -5.57% Community Development Block & ARRA Grants 190,275 190,275 0 0.00% Debt Service 50,702 55,482 4,780 9.43% Capital Projects 2,783,038 2,727,353 (55,685) - 2.00% Utility 4,918,672 5,092,158 173,486 3.53% Sanitation 716,855 701,924 (14,931) - 2.08% Building Code Enforcement 98,393 99,598 1,205 1.22% Storm Water 1,560,168 1,566,469 6,302 0.40% Pension - Police 877 (6,998) (7,875) - 897.63% Pension - General 381,663 405,550 23,887 6.26% Total $18,504,762 $18,521,980 $17,218 0.09% Total Restricted Cash $8,142,259 Total Unrestricted Cash $10,379,721 Cash and Investments Annual Prior Current Dollar Percent Account Yield 05/31/13 06/30/13 Change Change Bank of America - Depository N/A $2,633,068 $3,022,076 $389,009 14.77% Guggenheim Floating Rate A 5.21% * 1,001,230 993,861 (7,369) -0.74% Invesco floating Rate A 4.06% * 989,520 981,927 (7,593) -0.77% Loomis Investment Grade Bond A 3.08% * 1,534,978 1,486,397 (48,581) - 3.16% Lord Abbett Income A 3.53% * 1,521,270 1,475,630 (45,640) - 3.00% Delaware Diversified Income Fund 2.31% * 1,684,266 1,636,586 (47,680) - 2.83% Lord Abbett Short Duration Fund 2.17% * 1,017,614 1,007,395 (10,219) -1.00% Invesco Corporate Bond A 2.40% * 1,883,521 1,826,368 (57,153) - 3.03% Pioneer Strategic Income A 3.37% * 1,925,319 1,875,753 (49,566) - 2.57% Legg Mason WA Cash Reserve Fund N/A 1,001,554 1,001,616 62 0.01 % Nuveen Total Return Bond Fund A 3.88% * 1,997,230 1,934,784 (62,446) -3.13% MFS Bond Fund A 1.36% * 1,309,496 1,273,888 (35,608) - 2.72% MSSB Money Market/Cash 0.00% 2,206 2,206 0 0.00% SBA - Florida Prime 0.00% * 341 341 0 0.00% Cash on Hand 0.00% 3,150 3,150 0 0.00% Subtotal 18,504,762 18,521,980 17,218 0.09% Police Pension Investments General Pension Investments Subtotal Total * Denotes the 30 day SEC Yield Anualized 7,430,786 7,333,784 (97,002) -1.31 13,173,805 13,009,016 (164,790) -1.25% 20,604,591 20,342,799 (261,792) -1.27% $39,109,353 $38,864,779 ($244,574) -0.63% City of Atlantic Beach FINANCIAL REPORT June 2013 Revenues AGENDA ITEM # 4A AUGUST 12, 2013 Fund / (Footnote) Annual Estimate YTD - 75% YTD Dollar Percent of Estimate Actual Variance Variance General (1) $11,102,740 $8,327,055 $9,097,469 $770,414 9.25% Convention Development Tax 70,000 52,500 60,876 8,376 15.96% Local Option Gas Tax 433,655 325,241 308,061 (17,180) -5.28% Better Jax 1/2 Ct Sales Tax 657,738 493,304 498,653 5,350 1.08% Police Training, Forfeiture & Grants, etc. 112,645 84,484 85,342 858 1.02% Grants - (3) 108,866 81,650 240,556 158,907 194.62% Debt Service 71,900 53,925 52,159 (1,766) -3.27% Capital Projects 5,000 3,750 (51,513) (55,263) - 1473.68% Utility - (4) 8,610,929 6,458,197 6,103,434 (354,763) -5.49% Sanitation 1,814,950 1,361,213 1,335,516 (25,696) -1.89% Building Code Enforcement - (5) 282,600 211,950 221,276 9,326 4.40% Storm Water 1,097,430 823,073 799,889 (23,183) -2.82% Pension - Police (2) 1,233,745 925,309 631,633 (293,676) - 31.74% Pension - General (2) 2,174,392 1,630,794 1,287,409 (343,385) - 21.06% Total $27,776,590 $20,832,443 $20,670,762 ($161,681) -0.78% Analysis of Major Variances In general, the major variances are the same as reported in the previous month. Throughout all funds, the variances include a reversal of recent gains in investment earnings year to date due to the sharp decrease in the fixed income bond market. Most other revenue categories are near budget estimates. (1) The positive variance in the General Fund is again mostly a result of having received property taxes early in the year. The bulk of the receipts came in December as expected. Also contributing to the large variance is the receipt of the donation for the land purchase. (2) The $293,676 negative variance in the Police Employee Pension Fund & the $343,385 negative variance in the General Employee Pension Fund resulted from reductions in market values of the investments instead of the assumed increase amount. (3) Grant revenues are higher than the budget because C.D.B.G. and F.E.M.A. Wind retro -fit grant proceeds related to last year's grant expenditures were received this year. (4) Utility sales were well under budget for Year to Date through June for both Water and Sewer. Base charges are below budget by about 7% and 2% and volume sales are below projections by about 14% in water and 7% in sewer. These are partially off -set by the receipt of a rebate from electric energy savings from JEA of $142,066. Water and sewer volume sales should increase over the summer months. (5) Building Permit fee revenues continue to run about 6% above projections. City of Atlantic Beach FINANCIAL REPORT June 2013 Expenses AGENDA ITEM # 4A AUGUST 12, 2013 Department / (Footnote) Governing Body City Administration (2) General Government (2) Planning and Building Public Safety (1,5 ) Recreation and Special Events Public Works (3) Public Utilities (4) Pension - Police Pension - General Total Annual YTD - 75% Estimate of Estimate YTD Actual Dollar Percent Variance Variance $42,645 2,470,544 918,977 448,160 5,641,550 406,151 6,175,507 9,285,889 653,056 789,485 $26,831,964 $31,984 1,852,908 689,233 336,120 4,231,163 304,613 4,631,630 6,964,417 489,792 592,114 $20,123,973 $30,877 1,734,268 807,162 301,838 3,692,258 294,452 3,362,615 6,778,008 521,806 639,306 $18,162,590 $1,107 3.46% 118,640 6.40% (117,929) -17A1 % 34,282 10.20% 538,904 12.74% 10,161 3.34% 1,269,015 27.40% 186,409 2.68% (32,014) -6.54% (47,192) -7.97% $1,961,383 Resource Allocation Personnel Services (5) Operating Expenses (2) Capital Outlay (1) & (2) Debt Service (4) Transfers Annual Estimate YTD - 75% of Estimate YTD Actual Dollar Percent Variance Variance $9,666,784 10,227,299 3,089,015 2,519,412 1,329,454 Total $26,831,964 $7,250,088 7,670,474 2,316,761 1,889,559 997,091 $20,123,973 $6,761,282 6,508,316 1,446,740 2,447,863 998,389 $18,162,590 $488,806 6.74% 1,162,158 15.15% 870,021 37.55% (558,304) - 29.55% (1,298) -0.13% $1,961,383 Analysis of Major Variances In general, the major variances are the same as the previous month. They are as follows: (1) The positive variance in the Public Safety divisions is partly due to paying for the fire contract services quarterly to Jacksonville. This is about $249,000 per quarter. The Lifeguard expenses have just begun and the deferral of the budgeted expenditures on the Police Building add to that variance — see Project Activity Schedule. (2) The positive variance in City Administration results from various small amounts in Finance, City Clerk and IT for items not yet spent. The negative variance in General Government results from the purchase of land in November and in March totaling $328,665. Another part of this variance is the prepayment of Insurance at the beginning of the year. (3) The variance in the Public Works Department is due to various contracted service items not fully underway such as street paving and project activity budgeted that has not been completed. The department has spent about 15% of its project budget — see Project Activity Schedule. (4) The positive variance in Public Utilities results from paying the majority of the annual debt service payments and insurance early in the year creating a negative variance that by this report has been overcome by savings in personnel and operating expenses. Also lower than budgeted capital expenditures year to date has contributed to the positive variance. The department has spent approximately 43% of its project budget. (5) The positive variance in the Personnel Services results from vacant positions that have not been filled. The City budgets full employment, so any vacancy contributes to a positive variance. The Lifeguards are typically seasonal employees working June through September. These seasonal expenses are just now affecting the expenses to date numbers. City of Atlantic Beach FINANCIAL REPORT June 2013 Project Activity - Current Year Activity Only AGENDA ITEM # 4A AUGUST 12, 2013 Project Name Project Number Budget YTD Actual Public Safety Police Building Renovation /Design /Construction Public Utilities: TMDL - Lift Station /Main Transfer Flow TMDL Upgrade /Construction - WWTP #1 TMDL Sludge /Odor Improvements Water Main - 12th Street at Ocean Blvd /Beach Ave Water Main - 14th & 15th Street at Ocean Boulevard Reclaim Water Plant Rehab of Interior of Tank #1 Recoat Both Ground Storage Tanks WP #3 Replace the Water Main on Pine Street Replace 4" Water ?Main at Wonderwood and Finegan PT Repair at Lift Station C PT Repair at West 6th and Stock Repair 24" Effluent Force Main Repair 12" Force Main Replace Yard Pump Sewer Rehabilitation 2013 Subtotal Public Works: Marsh Master Plan Signs Marsh Master Plan Project Design Rose Park Development Dutton Island Road Sidewalks Sidewalk and Curb Replacements City Hall Parking Lot Lights Irregation Improvements Atlantic Blvd. Sidewalk on West 9th Street East Coast Drive Drainage Improvements Subtotal Total Status Key A - Bid Advertised B - Bid Awarded C - Project Completed D - Design Completed DE - Deferred PS0504 60,000 PU0906 PU1106 PU1110 PU1204 PU1205 PU0805 PU1301 PU1303 PU1304 PU1305 PU1306 PU1307 PU1308 PU1309 PU1310 PU1311 PM1301 PM1303 PM1302 PW 1301 PW1302 PW1303 PW1304 PW1305 PW1306 $ 60,000 $ YTD Balance Status 177 59,823 DE 177 $ 59,823 9,282 88,762 15,591 36,962 201,657 188,115 41,500 55,000 90,000 180,000 40,000 55,000 86,000 56,000 18,435 202,300 7,173 84,280 15,591 34,121 190,620 8,140 8,148 16,321 19,891 18,435 189,669 2,109 C 4,482 C 0 C 2,841 C 11,037 C 179,975 41,500 55,000 81,852 163,679 40,000 35,109 C 86,000 56,000 0 12,631 C $ 1,364,604 $ 592,389 $ 772,215 38,700 34,000 225,000 79,064 10,000 32,000 4,600 33,000 360,000 6,618 26,090 18,500 6,041 24,896 4,600 25,669 6,527 32,082 7,910 E 206,500 E 79,064 E 3,959 7,104 B 0 C 7,331 C 353,473 E $ 816,364 $ 118,941 $ 697,423 $2,240,968 $ 711,507 $1,529,462 E - Design Phase I - Project In- progress N - Complete /Non - Capital R - Re- budget Next Fiscal Year OR Re- Evaluated X - Project Cancelled BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH JUNE 2013 COMPARISION 2012 - 2013 PERMIT TYPE NUMBER OF YTD 2012 12 PERMITS YTD 2013 8 YTD 2012 $ 3,682,970.00 YTD 2013 $1,269,300.00 TOTAL INSPECTIONS YTD 2012 YTD 2013 SINGLE FAMILY DUPLEX 0 0 $ - $0.00 REMODEL/ADDITIONS 146 147 $ 2,989,413.00 $1,845,798.00 COMMERCIAL NEW 0 0 $ - $ - OTHER 975 1134 $ 6,501,450.00 $ 4,584,764.00 TOTAL 1133 1289 $ 13,173,833.00 $7,699,862.00 2101 2561 PERMITS NO.PERMITS 2 ISSUED FOR PERMIT COST $ 1,190.00 THE MONTH OF JUNE 2013 CONSTRUCTION VALUE $ 559,750.00 INSPECTIONS PERFORMED BUILDING 169 SINGLE FAMILY NEW DUPLEX MULTI FAM 0 $ - $ - ELECTRICAL 80 RESIDENTIAL ADDITIONS 14 $ 1,145.00 $ 73,878.00 PLUMBING 64 COMMERCIAL NEW 0 $ - $ - MECHANICAL 85 COMERCIAL ADDITIONS 0 $ - $ - MISC. 17 COMMERCIAL ALTERATIONS 2 $ 130.00 $ 5,300.00 PERMITS MISC 6 $ 680.00 ®$ - TOTAL 415 ELECTRICAL 31 $ 2,604.00 $ - MECHANICAL GAS 4 $ 375.00 $ - MECHANICAL HVAC 43 $ 4,391.00 ®$ - PLUMBING 25 $ 1,977.00 - $ - ROOFING 14 $ 1,375.00 $ - WINDOW /DOOR 12 $ 840.00 - $ - DEMOLITION 2 $ 200.00 - $ - REINSPECTION FEES 1 $ 55.00 - $ - PERMIT RENEWALS 0 $ - $ - OCCUPANCY INSPECTIONS 9 $ 900.00 $ - PENALTY FEES 1 $ 130.00 $ - -� SIGNS 6 $ 440.00 $ - FENCES 10 $ 350.00 $ - DRIVEWAYS 7 $ 245.00 - $ WELL 3 $ 233.00 $ - SNl JGI SIDING 6 $ 425.00 $ - POOL 2 $ 400.00 ; $ - TOTAL 200 $ 18,085.00 $ 638,928.00 PREPARED 7/11/13,15:02 :44 City of Atlantic Beach PROGRAM OL122L AGENDA ITEM # 4A AUGUST 12, 2013 LICENSE ACTIVITY REPORT BY BUSINESS NAME NEW LICENSES FOR ALL YEARS BETWEEN: 06/01/13 TO 06/30/13 DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION 13- 00007691 ADESSA DESIGNERS 13- 00007692 ADESSA DESIGNERS 13- 00007693 ADESSA DESIGNERS 13- 00007694 ADESSA DESIGNERS 13- 00007695 ADESSA DESIGNERS 6/14/13 NEW 6/14/13 NEW 6/14/13 NEW 6/14/13 NEW 6/14/13 NEW COSMETOLOGY SALON COSMETOLOGIST COSMETOLOGIST COSMETOLOGIST COSMETOLOGIST 13- 00007707 AMERICAN WELL & IRRIGATION,INC 6/06/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST 13- 00007710 ARM SECURITY, INC. 13- 00007711 ARM SECURITY, INC. 13- 00007712 ARM SECURITY, INC. 13- 00007713 ARM SECURITY, INC. 13- 00007714 ARM SECURITY, INC. 13- 00007715 ARM SECURITY, INC. 13- 00007716 ARM SECURITY, INC. 13- 00007717 ARM SECURITY, INC. 13- 00007719 ARM SECURITY, INC. 13- 00007720 ARM SECURITY, INC. 13- 00007734 CUSTOM ADDICTION HYDROGRAPHICS 13- 00007722 SALON PS FLORIDA LLC 13- 00007723 SALON PS FLORIDA LLC 13- 00007665 SCRUBS RESIDENTIAL AND COMMERC GRAND TOTALS NEW LICENSES AC: 17 PP: 3 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 20 6/07/13 NEW 6/07/13 NEW 6/07/13 NEW 6/07/13 NEW 6/07/13 NEW 6/07/13 NEW 6/07/13 NEW 6/07/13 NEW SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR SOLICITATION, DOOR TO DOOR 6/07/13 NEW SOLICITATION, DOOR TO DOOR 6/07/13 NEW SOLICITATION, DOOR TO DOOR 6/17/13 NEW SCREEN PRINTING 6/10/13 NEW COSMETOLOGY SALON 6/10/13 NEW COSMETOLOGY SALON 6/06/13 NEW CLEANING /JANITORIAL /MAID SERVICE Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gi', Gallons Actual Revenue 0000 Revenue Per 1,000 gl 51.418 $251,594 17.953 $194,471 69.371 $446,065 $4.89 $10.83 $6.43 Gallons Actual Revenue 0000 Revenue Per 1,000 gl 54.576 $416,649 $7.63 54.576 $416,649 $7.63 5,213 32,198 $242,820 $7.54 2,364 18,118 $173,829 $9.59 7,577 50,316 $416,649 $8.28 Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gl 5,207 34,323 $251,594 $7.33 2,344 21,321 $194,471 $9.12 7,551 55,644 $446,065 $8.02 5,627 39,124 $146,186 2,473 16,148 $84,059 $3.74 $5.21 8,100 55,272 $230,245 $4.17 Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gl 5,630 44,237 $162,564 $3.67 2,446 19,261 $98,866 $5.13 8,076 63,498 $261,430 $4.12 AGENDA ITEM # 4A AUGUST 12, 2013 City of Atlantic Beach, FI, Utility Sales Report June 2013 Water Sales Gallons Actual Revenue Accounts 0000 Revenue Per 1,000 gl Atlantic Beach Buccaneer Total Water Sales Water Plant Production Atlantic Beach Buccaneer Total Production Total Water Billed Water Loss for month: Percentage Loss Total 12 mo. Avg. Loss Gallons 0000 59,267 6,289 65,556 55,272 10,284 15.69% 11.68% Sewer Sales Atlantic Beach Buccaneer Total Sewer Sales Sewer Treatment Atlantic Beach Total Sewer Treated June 2012 Gallons 0000 48,316 18,879 67,195 63,498 3,697 5.50% 15.89% AGENDA ITEM # 4B AUGUST 12.2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: List of property to be declared surplus SUBMITTED BY: Nelson Van Liere, Finance Director c DATE: July 16, 2013 BACKGROUND Over time, the City accumulates various properties that lose their usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are on this list. These assets were either not operational, have been deemed no longer cost - effective to repair, or were received through forfeiture. The vehicles will be sold via on -line auction. BUDGET: There is no budget for this action RECOMMENDATION: Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. ATTACHMENTS: List of property to be declared surplus REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH SURPLUS PROPERTY LIST AS OF JULY 16, 2013 AGENDA ITEM # 4B AUGUST 12, 2013 DEPARTMENT DESCRIPTION OF ITEM SERIALNIN # General Government 2001 Dodge Van 250 2B7JB21 YX1 K517577 Public Safety 2005 Chevy Impala 2G1WF55K959251010 Public Safety 2006 Ford Crown Victoria 2FAFP71W76X134974 Public Safety 2009 Husqvarna Motorcycle ZKHLBEHK79V402380 Public Works 1997 Chevy Van 1GNDM19W5VB168366 Public Works 2001 Menzi Muck A -51 Mobile Walking Excavator 5110004683 Public Works 1993 Case K580 Backhoe /Tractor /Loader JJG0174665 Public Works Scotchlite Heat Lamp Applicator N/A Public Utilities Roll on Roll off Container - 22 CY Info Technology Sevin C4540 Copier L9066820388 Info Technology Dell PowerVault 745 H18X261 Info Technology Gateway Solo Laptop 0015299166 Info Technology HP IPAQ H3850 1 AGENDA ITEM # 7A AUGUST 12, 2013 ORDINANCE NUMBER 90 -13 -218 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the Fleet Landing Planned Unit Development modification enacted by this Ordinance shall provide for orderly growth; encourage the 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 establish consistency with the Comprehensive Plan, and WHEREAS, after required notice was published, a public hearing was held by the Community Development Board on the 21st day of May 2013 at 6:00 p.m. Introduction and first reading of the proposed Ordinance by the City Commission was held on the 8th day of July 2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on the 12th day of August 2013 at 6:30 p.m. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That, as requested by Foley & Lardner, LLP, as authorized by Naval Continuing Care Retirement Foundation Inc, the title owner of record as identified in the application (File Number REZ -13- 00100052) along with supporting documents for the Planned Unit Development modification for inclusion of an additional 2.06 acres and Ordinance No. 90 -13 -218/ Page 1 of 4 AGENDA ITEM # 7A AUGUST 12, 2013 the zoning change of said 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for relocation of certain facilities therein, submitted to the City of Atlantic Beach, Florida on April 15, 2013 hereinafter known as the Fleet Landing Planned Unit Development (PUD) modification application, which is attached to and made part of this Ordinance, the zoning classification of lands as described by legal description within Exhibit A is hereby changed to Planned Unit Development. SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the Fleet Landing Planned Unit Development modification application and exhibits, as attached to this Ordinance, first filed April 15, 2013, and other supporting documents, which are a part of File Number REZ -13- 00100052, and incorporated by reference into and made part of this Ordinance. In case of conflict between the application, the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 3. Special Condition: Development within this Planned Unit Development shall be similar to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within the Planned Unit Development modification application, which are made part of this Planned Unit Development Ordinance. SECTION 4. Findings of Fact: The need and justification for approval of the Fleet Landing PUD modification have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision and Land Development Regulations and, whereby it is found that: 1. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for the relocation of certain facilities therein, has been fully considered following a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. 2. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for the relocation of certain facilities therein, is consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands as described within this application as Residential, Medium Density and Commercial. 3. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Ordinance No. 90 -13- 218 /Page 2 of 4 AGENDA ITEM # 7A AUGUST 12, 2013 Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for relocation of certain facilities therein, is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this Planned Unit Development modification has consisted of previous uses defined by the Land Development Regulations as residential and commercial, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. 4. This Planned Unit Development modification does not adversely affect the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within the Comprehensive Plan. 5. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for relocation of certain facilities therein, is consistent with the Land Development Regulations, specifically Article III, Division 6, establishing standards for modifications to previously approved Planned Unit Developments. The revised site development plan submitted depicts the same or fewer total number of dwelling units; the open space is in the same general location and in the same general amount; and the roads and drives follow approximately the same course. 6. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth within this Planned Unit Development modification, are consistent and compatible with surrounding development, and the proposed Planned Unit Development modification will not adversely affect the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. SECTION 5. To the extent they do not conflict with the unique specific provisions of this Planned Unit Development, all provisions of the Land Development Regulations, as such may be amended from time to time, shall be applicable to this development; except that modifications to this Planned Unit Development by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this Ordinance, no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 6. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the Ordinance No. 90 -13 -218 / Page 3 of 4 AGENDA ITEM # 7A AUGUST 12, 2013 City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading by the City Commission of the City of Atlantic Beach this 8th day of July 2013. Passed and enacted, upon final reading and public hearing and adoption this 12th day of August 2013. Mike Borno Mayor /Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Effective Date: Ordinance No. 90 -13 -218 /Page 4 of 4 AGENDA ITEM # 7A AUGUST I2, 2013 ORDINANCE 90 -13 -218 EXHIBT "A" LEGAL DESCRIPTION PART OF LOT 1, DIVISION 3 AND LOT 1, DIVISION 4, ANDREW DEWEES GRANT, SECTION 37, AS RECORDED IN DEED BOOK "AG ", PAGES 212 AND 213 OF THE FORMER PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, TOGETHER WITH A PART OF SECTION 5, TOGETHER WITH A PART OF GOVERNMENT LOTS 1, 2, 7, AND 8, SECTION 8, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, ALSO BEING A PART OF SATURIBA DRIVE (A 100 FOOT RIGHT -OF -WAY, AS PER OFFICIAL RECORDS VOLUME 1, PAGE 338) CLOSED AND ABANDONED BY THE CITY OF JACKSONVILLE ORDINANCE NO. 72- 221 -92, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERNCE, COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS, AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID CORNER ALSO LYING ON THE EAST RIGHT -OF -WAY LINE OF MAYPORT ROAD (ALSO KNOWN AS STATE ROAD NO. A -1 -A AND NO. 101, A 100 FOOT RIGHT -OF -WAY AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF- WAY MAP, SECTION NO. 72230- (2901)2503, DATED MARCH 7, 1986); THENCE NORTH 01 °42'10" WEST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 806.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01°42'10" WEST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 182.00 FEET; THENCE NORTH 88 °17'50" EAST, DEPARTING SAID EAST RIGHT - OF -WAY LINE, A DISTANCE OF 250.00 FEET; THENCE SOUTH 01 °42'10" EAST, A DISTANCE OF 8.00 FEET; THENCE NORTH 88 °17'50" EAST, A DISTANCE OF 220.67 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING DRAINAGE CANAL; THENCE NORTH 23 °09'59" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 619.26 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF- WAY LINE OF FLEET LANDING BOULEVARD (FORMERLY KNOWN AS ASSISI LANE, A 60 FOOT RIGHT -OF -WAY AS NOW ESTABLISHED); THENCE NORTH 88 °17'50" EAST, DEPARTING SAID CENTERLINE AND ALONG THE SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 63.29 FEEL; THENCE NORTH 01°42'10" WEST, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF ORDINANCE NO. 90-13-218 — EXHIBIT A Page 1 of 3 AGENDA ITEM # 7A AUGUST 12, 2013 SAID FLEET LANDING BOULEVARD; THENCE SOUTH 88 °17'50" WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 93.62 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EXISTING DRAINAGE DITCH; THENCE ALONG SAID EXISTING DRAINAGE DITCH THE FOLLOWING THREE (3) COURSES AND DISTANCES: COURSE NO. 1: NORTH 06 °43'02" WEST, A DISTANCE OF 186.24 FEET; COURSE NO. 2: NORTH 14 °00'17" WEST, A DISTANCE OF 150.06 FEET; COURSE NO. 3: NORTH 12 °23'20" WEST, A DISTANCE OF 140.33 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 8; THENCE SOUTH 89°23'12" WEST, DEPARTING SAID CENTERLINE AND ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 90 FEET MORE OR LESS, TO AN INTERSECTION WITH THE AFOREMENTIONED EAST RIGHT -OF -WAY LINE OF MAYPORT ROAD, SAID POINT LYING IN A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 5679.58 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 179.79 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY LINE OF THE CITY OF ATLANTIC BEACH; THENCE SOUTH 85 °26'41" EAST, DEPARTING SAID EAST RIGHT -OF -WAY LINE AND ALONG THE NORTH LINE OF SAID CITY OF ATLANTIC BEACH, A DISTANCE OF 1089.51 FEET; THENCE SOUTH 09 °53'10" WEST, DEPARTING SAID NORTH LINE OF THE CITY OF ATLANTIC BEACH, A DISTANCE OF 81.49 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED NORTH LINE OF SECTION 8; THENCE NORTH 89 °22'24" EAST, ALONG SAID NORTH LINE OF SAID SECTION 8, A DISTANCE OF 182.48 FEET; THENCE SOUTH 01 °08'25" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 114.58 FEET; THENCE NORTH 85 °53'39" EAST, A DISTANCE OF 753.58 FEET TO AN INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF SELVA MARINA DRIVE (ALSO KNOWN AS COUNTY ROAD NO. 551 AND FORMERLY KNOWN AS OLD SHERRY DRIVE, A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE SOUTH 03 °59'29" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 890.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2914.79 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WEST RIGHT -OF- WAY LINE, AN ARC DISTANCE OF 640.60 FEET AND A CHORD BEARING OF SOUTH 10 °20'32" EAST, A DISTANCE OF 639.31 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 16 °58'17" EAST, A DISTANCE OF 126.67 FEET TO THE NORTHEAST CORNER OF SEVILLA GARDENS UNIT ONE, AS RECORDED IN PLAT BOOK 45, PAGES 6 AND 6A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH 89 °42'26" WEST, ALONG THE NORTH LINE OF SAID SEVILLA GARDENS UNIT ONE AND ALSO ALONG THE NORTH LINE OF SEVILLA GARDENS UNIT TWO, AS RECORDED IN PLAT BOOK ORDINANCE NO. 90-13-218 — EXHIBIT A Page 2 of 3 AGENDA ITEM # 7A AUGUST 12, 2013 45, PAGES 7 AND 7A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 1038.61 FEET; THENCE SOUTH 51 °26'02" WEST, ALONG THE NORTHWEST LINE OF SAID SEVILLA GARDENS UNIT TWO AND THE SOUTHWESTERLY PROLONGATION THEREOF, A DISTANCE OF 555 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE CENTERLINE OF THE AFOREMENTIONED EXISTING DRAINAGE CANAL; THENCE NORTH 17 °02'15" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 279.68 FEET; THENCE NORTH 17 °50'31" WEST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 527.15 FEET; THENCE SOUTH 88 °17'50" WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 538.96 FEET TO THE AFOREMENTIONED EAST RIGHT -OF -WAY LINE OF MAYPORT ROAD AND THE POINT OF BEGINNING. ORDINANCE NO. 90 -13 -218 — EXHIBIT A Page 3 of 3 AGENDA ITEM # 7A AUGUST 12, 2013 APPLICATION FOR Z NINC MAP AMENDMENT for SPECIAL PLANNED AREA s or — PLANNED UNIT DEVELOPMENT City of Attitude Beach 800 Seminole Road • Atlantic [leach, Florida 32233 -5445 Phone: (904) 247 -5800 • FAX (904) 247 -5805 • Itltp: / /www.cunb.us Date April 11, 2013 File No. Application No . Applicant's Name Naval Continuing Care retirement Foundation Inc. (Fleet Landing) 2. Applicant's Address One Fleet Landing Boulevard , Atlantic Beach, Florida 32233 3. Property Location Intersection Mayport Road & Fleet Landing Blvd. 4. 5. 7. Property Appraiser's Real Estate Number 169397 - 0200 & 169398 -0100 Current Zoning Classification FEUD & CG 6. Comprehensive Plan Future Land Use Designation UM & CM Requested Action PUD Modification to add additional acreage for relocation of maintenance facility, and development of a 24 hod memory care facility, (The Nancy House) 8, Slre of Parcel 73 Acres 9. Utility Provider City of Atlantic Beach 10, Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 or the City of Atlantic (leach Zoning, Subdivision and Land Development Regulations. The narrative, and any required attachments, should concisely address each of the provisions and requirements of Section 24 -120 and should be provided in an order and format consistent with this Section. Please provide a coyer page and a table of contents identifying each attachment to the application. 11. The following items must be submitted with the application: a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property Appraiser's Rcnl Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each properly owner on the list. Do not include a return address. Each envelope mast contain proper postage. The order of he covet° ms oust match the order in which the names a h tear on the list. b. Proof of ownership (copy of 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 from nhe nwncr(s) for applicant to represent the owner for all purposes related to this application must be provided, e. Required number of copies: five (5) Please submit (en (10) copies of any plans or attachments that are larger than 11 x 17 inches in sire, or any other items 'hat cannot he easily reproduced. d. Application Fee. ($500.00) 1 111 (1:d3Y CERTIFY T13AT ALL iNFORMATION PROVIDED IVITL1 TINS APPLICATION IS COItitECT: Signature of owner(s) or authorized) person if owner's authorization form is attached: Printed or typed nanhe(s): Kami Corbett and Foley & Lardner, LLP 4..+�. uti�li: �( vl it•I -�. ii`�I�f a�•i•b'��Mr:yr 6'5 �.lubt Vf. t.J Sign itttlee(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO Ri:CIIVE ALL CORRESPONDENCE REGARDING'l•iIIS APi'LICATION Name: Kami Corbett mailing Address: 100 N. Tampa Street, Suite 2700, Tampa, FL 33602 Phone: 613- 225 -4121 FAX; 813. 221 -4210 F -mail: KCorbett@Foley.com AGENDA ITEM # 7A AUGUST 12, 2013 OWNER'S AUTHORIZATION FOR AGENT _1(4116.1L Eli AN 0 /'LEY 51 /Ditit,12->j_, P is hereby authorized to act on behalf of All4 v4,4 6I-pe deem4,14,-zi-,--/r-,,,,kivirm.,,,, C. 1)42 ttiar- , the owner(s) or those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City or Atlantic, Beach, Florida, for an application related to a Development Permit or other action pursuant to: 0 Zoning Variance 111 Use-by-I3xcept ion Ell Building Permit Sign Permit Other BY: Signature OCOWner Print amc Lil LI E Comprehensive Plan Amendment Zoning Map Amendment Plat, Replat or Lot Division Tree Permit 11.,9 II? or wrier yalh ( /4"(1(1____ Print Name (I) Telephone Number Slate o //1-74-1013/4 County of 11) 144-r— Signed and sworn beiore me on this .-cY /frftfiti day of; 20/„? By JA,_5(.3 A 0 c C idenli lication verified: SLoS2IJ /6/ 003 /1 Oath sworn: Yes ELIZABETH TESKE Notary Public • State of Florida 4f: My Comm, Expires kir 5, 2013 Commission # OD 861829 Bondallltrottott National Notary Assn, No Notary Sit usdure My Commission expires: AGENDA ITEM # 7A AUGUST 12, 2013 PUD: 90 -88 -135 Minor Modification Dated April 12, 2013 REV: May 16, 2013 Naval Continuing care Retirement Foundation Inc. AGENDA ITEM # 7A AUGUST 12, 2013 Table of Contents a Written Description ® Exhibit A: Location Map ® Exhibit B: Land Use & Zoning Map ® Exhibit C: Master Development Modification Plan ® Exhibit D: Maintenance Development Plan ® Exhibit E: "The Nancy House" Development Plan AGENDA ITEM # 7A AUGUST 12, 2013 Written Description for Minor Modification PUD: 90 -88 -135 Dated June 17, 1988 as revised and adopted January 11, 1989 Amended Feb 26, 1990 Ord. 90 -90 -152 Project Location: See Exhibit A Description of Project: Fleet Landing is a full service continuing care facility providing variety independent living residential housing, assisted living care and skilled nursing care. The facility opened in 1990 and has been owned and operated by the Naval Continuing Care Retirement Foundation Inc. since that time. The facilities' land use designation is medium density and is zoned Planned Unit Development Ord. 90 -88 -135, See Exhibit B. The PUD ordinance 90 -88 -135 approved the 71 plus acre site for 324 residential units and 88 beds with a density of 4.6 units per acre. The facilities' as -built condition included 320 residential units and 80 beds; leaving an approved unit -bed surplus of 4 residential units and 8 beds. Description of Proposed Modification: The applicant request to modify the PUD to add addition acreage, relocate the maintenance facility, reduce the skilled nursing beds by 16 beds and construct a new 24 bed memory care facility (Alzheimer's Ward) for an increase of 8 beds, for a total of 88 beds. The proposed modification, Exhibit C, includes the following items: 1. Additional of 2.06 Acres, RE If 169398 -0100, to be utilized for the relocation of the Maintenance Facility and future expansion or office space. See Exhibit D 2. Reduction of the Existing Health Center (Skilled Nursing) by 16 beds to accommodate remodeling to increase nursing bedroom sizes. 3. Construction of New 24 bed Memory Care Facility, to be known as "The Nancy House ", to be located in place of the existing maintenance facility site. See Exhibit E The chart provided below depicts the approved PUD units and beds, as -built units and beds, and proposed modification units and beds. its In COAB Area &:Densi PUD AS -Built Residential Units Ind Live. Apts Ind. Live. Patio Homes Ind. Live. SFD Homes Sub Total 164 134 26 324 Beds NANCY HOUSE Total (Comparison) 88 412 PUD MOD PUD Area 71.06, Density 4.52, PUD MOD Add 2.06 AC' Area 73.12 Density 4.37 AGENDA ITEM # 7A AUGUST 12, 2013 The proposed modification will not increase the quantity of approved PUD residential units, beds, density, or modify the open space. Development Standards: The development standards for the modification, including building setbacks, building heights, parking, buffers and impervious coverage shall be per section 24 -111 of the Atlantic Beach Code of Ordinances, with the following modifications: 1. Property uses are restricted to those shown on the Site Development Plans (Exhibits C & D) 2. Maintenance facility will include exterior storage of Fleet landing maintenance vehicles and community golf carts that are not considered commercial outdoor storage. Development Schedule: The development is proposed to be completed within 10 years and may be completed in phases. Successors & Assignments: The owners agree to bind their successors in title to those condition contained within the amended PUD. Maintenance: Operation and maintenance of the facilities will be the responsibility of the owner. List of Exhibits: 1. Exhibit A: Location Maps 2. Exhibit B: Land Use & Zoning Maps 3. Exhibit C: Master Development Plan Modification 4. Exhibit D: Site Development Plan: Maintenance Facility 5. Exhibit E: Site Development Plan: The Nancy House End Written Description Fleet Landing AGENDA ITEM # 7A AUGUST 12, 2013 Location Map PUD Modification dton Georgia City of Jacksonville CityEof0aldwin Property, Location Vicinity Map aNEI /EAf rx St. InMa FlneMAa pproxitnatq'Bounda 4rxpf011�ir Jacksonville' '_, Jfl•II Afjlfl iF T/l 4NfftAl 41. t, $ , EaNNAI,y {�I.y Atlantic Beac Exhibit A $�d Property Addition 3291.10Arm Area Map Prepared By: Naval Continuing Care Retirement Foundation Inc. A•riI 12, 2013 AGENDA ITEM # 7A AUGUST 12, 2013 Fleet Landing Land Use & Zoning PUD Modification Exhibit B Property ddition Existing Land Use Property Addition Existing Zoning Prepared By: Naval Continuing Care Retirement Foundation Inc. LAND USE DESIGNATIONS RESIDENTIAL DEVELOPMENT AREAS Residential Low Density (RL) Up to etc (6) dnelhp units per acre. f _:! Residential Medium Density (RM) Seven (7) to fourteen (14) dwelling units per acre. Residential High Density (RH) Fifteen (15) to twenty (20) dwelling units per acre. NON - RESIDENTIAL DEVELOPMENT AREAS Commercial (CM) Central Business Distdct (CBD) Light Industrial (LA) Public/Sarni-Public (P /SP) RecreatlonlOpen Space (R/0) ■i Conservation (CON) —^ Coastal Construction Control Line (CCCL) Zoning Districts CBD Central Business District CG Commercial, General CL Conrnercial, Limited CPO Commercial, Professional Office ASP Special Purpose LIW Light hurrah Jai & Watehousing PUD Planned Unit Development SPA SpeclniPiannedArea CON Conservation LMI RS -L Residential, Single-Family, Large Lots is RS-1 Residential, Single- Family RS -2 Residential, Single - Family RG /2es/dentin!,Genemi,Two•Famfty RG -M Residentinl,Gellerni, Atult!•Frnnity Aril 12, 2013 Fleet Landing PUD Modification AGENDA ITEM # 7A AUGUST 12, 2013 Master Development Plan Modifications Exhibit C ®d 20 dl� le4atiop MA4nterlanCe r 001 ll'1e Ii s ru t 24 Be, Fm �_ ditty Care v r of D ,,w, mj .................... Proposed 2013 I lodificai • Add 2.06 Acres to PUD • Construct New Maintenance Facility (See Exhibit D) Prepared By: Naval Continuing Care Retirement Foundation Inc. April 12, 2013 Fleet Landing PUD Modification 0 — o re r1 100' Mayport Road Commercial Corridor (Ord. 24.171) Adjacent Property Commercial Land Use & Zoning IJ III(E ` I thEno I k i H O re „,ip.7 0 E S4.0' I \ 22057.' ' ' 10' Side Setbdc�C\ tratedaTSro7a g e7 �a`rd AGENDA ITEM # 7A AUGUST 12, 2013 Maintenance Facility Development Plan Exhibit D \ '• Existing Fleet Landing Property Line \ 1\ Property Line (Additional Accrreagge) Maintenance Expansion or Office Building (Max Ht 35') sf '� -- i - to•side� etlr_?__ck,_... I ,� I _ Drainage Eadment Prepared By: Naval Continuing Care Retirement Foundation Inc. Truck Delivery '5O'W,� 5 .9 598'17'50 "i % = 78 = 6 Adjacent Property Commercial Land Use & Zoning Existing Fleet Landing Residential Uses) Po �v\ \ \\ O Sidewalks \'� \ \ \� \ ----K,L17--t- $ • L \,.. \ . Maintenance Facility Building \ with Open Golf Cart Storage \ NORTH 0 25 50 SCALE : 1 ° =50' April 12, 2013 Fleet Landing PUD Modification Existing Fleet Landing Facilities (Grey Color) Adjacent Property Commercial Land Use & Zoning Existing Storm Pond Existing Utility Reconfigured Parking Area Sidewalks i r � AGENDA ITEM # 7A AUGUST 12, 2013 The Nancy House Development Plan (24 Bed -Memory Care Facility) Exhibit a Modified Health Center Drop Off The Health Center (Existing Skilled Nursing) 0 (Building Separation; l2') The Nan House` . (24 -Beds, Max Ht 35) ;_ ti Property Line (Minimum Side Setback 10') 0 The Nancy House & Annex Drop Off Cross Walks Prepared By: Naval Continuing Care Retirement Foundation Inc. ,'III Existing Service Area Annex ti(Existing Clubhouse)1 1 Pedestrian Circulation NORTH 0 25 50 SCALE : 1° =50' April 12, 2013 AGENDA ITEM # 7B AUGUST 12, 2013 ORDINANCE NO. 65 -13 -38 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain improvements are being made to Rose Park, which is located in the City of Atlantic Beach, and portions of Rose Park are located on both sides of Orchid Street, and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents and in the interest of the general public welfare to close that portion of Orchid Street as shown on Exhibit "A" attached hereto, and WHEREAS, that portion of Orchid Street to be closed should be incorporated in and become a part of Rose Park, and WHEREAS, the closing of this portion of Orchid Street does not invade or violate any individual property rights and does not interfere with access to anyone's property, and WHEREAS, the City is not vacating or abandoning any portion of the Orchid Street right of way, but only closing that portion of Orchid Street shown on Exhibit "A" attached hereto so that it can be incorporated into Rose Park, and WHEREAS, the City has the authority to close a portion of Orchid Street under the municipal home rule powers granted to it by Chapter 166, Florida Statutes, and pursuant to Sections 4 and 9 of the Atlantic Beach Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: That a portion of Orchid Street, as shown on Exhibit "A" attached hereto, be permanently closed to through traffic. The portion of Orchid Street being closed is more particularly described as follows: "That portion of Orchid Street north of West Plaza Drive contained within the following: From the point of beginning at the southwest corner of Lot 6, Block 59, Section H, Plat Book 18, page 34, proceeding north along the eastern right of way line of Orchid Street to the northwest corner of Lot 6, Block 59; thence southwest to the southeast corner of Lot 6, Block 235; thence south along the western right of way line of Orchid Street to the edge of pavement of West Plaza Drive; thence along the West Plaza Drive edge of pavement to the eastern right of way line of Orchid Street as extended to the West Plaza Drive edge of pavement; thence along the eastern right of way line of Orchid Street to the point of beginning" AGENDA ITEM # 7B AUGUST 12, 2013 SECTION 2: The closed portion of Orchid Street described in Section 1 above shall be incorporated in and become a part of Rose Park. SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 8th day of July 2013. PASSED by the City Commission on second and final reading this day of , 2013. ATTEST: DONNA L. BARTLE LOUIS BORNO, JR. City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney 4.1.3U t;) ri 1 STORY FRAME DUPLEX RESIDENCE #1305 BLOCK 235/ LOT 6 ry� OHS OAK .G' IRE AGENDA If M dl 713 AUGUST 12, 2013 x�h 1' h' ✓ 7 ! I !1 1 ! ct f �ry rA' x / r r 20' Pt/LM / T 7E r f/%! / r a /11 r ry /1 /xa4'// r rr 11 1" VACANT LAND xwk' 10" MOURN/VA I+ FGl TOP • 10.01' .3" OAK 24-RCP E. INV • 3.66' TR EE 18°RCP W. INV = 4.20' 3" OAK IR ON WEST 2' VIBE = 9.77' TREE ryi- g04- 4:i 11- - . . ,�Go f - TOU — M°•,,� TOB Air' NO ID (HELD le 44- mkt SS /4.)1' / ral TOP = 10,16' 4 "RCP N. INV • 3.49' 18 "RCP S. INV = 6.98' 6"RCP W. INV = 2.96' 6" OAK TRrr_ R CLosUlct GP 1 "+4 / r �` 4.._ LOCK 59 r -. , qh � x°` COMMUNITY MAILBOXES 1h ' b • SITE BENCHMARK #1: `.. SET X.-CUT N BOLT 9" OAK - FIRE HYDRANY TRH 1- ELEV = 13.69' (NAVD86) TT- 4'4) 3' DIA STMH TOP • 11.97' 24 • -RCP W. INV .• 2.57' 36°1201E. INV a 2.67" 313 "RCP SW. INV - 2.83' .(+) ARROW SIGNS r‘-‘, 9q 1 .. p' `titi i5" PINE TREE. - TUB $q� — —11- J q. ?� 8" OAK �92- - etar 2.7'x4.2` CAW BOX T0B 4 r2i "A,k'`f . ROSE PARK" SIGN 0 2" DIA SIGH TOP 11.91' 8"PVC E, INV • 5.57'' 8 'PVC S. INV - 5.53' 6 "CPP INV COWRED ht P E WAgR FOUNTAI fi'n. VIN . ORD SAp1rr0 AREA W/ PL. YGROUND VIQUIPMENT 4 SHRU 9° A TR h0. !PC ry� FGl TOP = 10.11' 7�7 18"RCP N. INV = 7.07' 149 ----- 15"CCP E. INV = 7.64' WEIR • 9.90' SECTION "H'' ATLANTIC BEACH BOOK 18 PAGE 34 Plc AGENDA ITEM # 7C AUGUST 12, 2013 ORDINANCE NO. 80 -13 -83 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended by adding a new article to Chapter 22, which article shall read as follows: "ARTICLE V. RECLAIMED WATER SYSTEM Sec. 22 -350. Definitions. Whenever used in this article, the following words and terms shall have the following meanings: Applicant shall mean a potential customer or developer or an authorized agent of a potential customer or developer. Backflow prevention device means a device designed to prevent contamination of the potable water system from any other piping system such as the reclaimed water system, as described in Section 22 -43. Cross- connection means any physical connection or arrangement which would allow the transfer of fluids, including waters, between the city's potable water supply and distribution system, the reclaimed water supply and distribution system or any other nonpotable water source, as detailed in Section 22 -42. Customer means the actual user of the reclaimed water. Director of public utilities (also referred to as the director) means the individual responsible for the technical and operational activities of the public utilities department of the city. Discontinuation of service means cessation of a service or an appropriate method to ensure that no service can be received. AGENDA ITEM # 7C AUGUST 12, 2013 District means St. Johns River Water Management District. Dual distribution system means a two - component water distribution system designed to serve an area. One component delivers potable water for drinking, cooking, bathing and other uses requiring potable water. The other component delivers reclaimed water for irrigation and other uses not requiring potable water. While these two systems may parallel one another and both may serve a property, there is no interconnection and their separation is strictly defined and carefully monitored. FAC means Florida Administrative Code. FDEP means the Florida Department of Environmental Protection, or its successor in function. Irrigation system means the customer's in- ground piped system which delivers water to spray or drip -type irrigation devices located throughout the property. Reclaimed water means effluent from city -owned and operated wastewater treatment plants, which effluent has been treated to standards in compliance with the requirements of the FDEP. Reclaimed water charges means all other charges relating to providing or discontinuing reclaimed water service. Reclaimed water rates means the monthly charges for reclaimed water service, which have been established by and may be changed by ordinance of the City Commission. Reclaimed water reuse system means those reclaimed water distribution mains, lines, fittings, valves, and appurtenances installed in public right -of -way or utility easements, which are owned by the city. Reuse means the deliberate application of reclaimed water, in compliance with FDEP and District rules, for a beneficial purpose. Service line means that conduit for reclaimed water from the distribution main to the customers' meters. Sec. 22 -351. Purpose, Public Policy and Benefits. The purpose of this article is to create a reclaimed water reuse program for the city's water and sewer service area; to encourage the use of reclaimed water in lieu of potable water, groundwater or surface waters in suitable applications; to curtail the discharge of treated effluent from the wastewater treatment plant to surface waters; and to protect the health and safety of the community and users of the potable water system by promoting proper use and operation of a reclaimed water system. The Commission declares as a matter of public policy that encouraging and promoting water conservation and the reuse of reclaimed water are local objectives and are considered to be in the public interest. Ordinance No. 80 -13 -83 Page 2 of 7 AGENDA ITEM # 7C AUGUST 12, 2013 The benefits to be derived from the success of this program are several, and include conservation of the potable water supply, reuse of a valuable water resource, reduction in nutrient discharge to surface waters, and utilization of an environmentally safe and sensible method to reuse reclaimed water. Sec. 22 -352. Relationship to other laws. Rule 62 -610 of the Florida Administrative Code, titled "Reuse of Reclaimed Water and Land Application," is hereby adopted by reference in this article. In case of a conflict between any provision of chapter [rule] 62 -610 and the city's reclaimed water policies and regulations, the more stringent provision shall prevail. No part of this Chapter shall be construed in a manner that conflicts with the exclusive authority of the Florida Department of Environmental Protection and the St. Johns River Water Management District to regulate the consumptive use of water under F.S. Ch. 373, Pt. II. Sec. 22 -353. Connection required. (a) Where available, for new construction and where an irrigation system will be installed, the owner of every lot or parcel of land within the city's water and sewer service area developed for residential, public, commercial, office, industrial, warehousing, or multifamily use shall connect or cause to be connected with the reclaimed water distribution system. All connections shall be made in accordance with regulations of the city and FDEP and approved by the director. This provision shall not be construed to entitle any person to cross the property of another to make such connection. Existing water customers shall have the option to connect to the reclaimed water system. (b) The reclaimed water distribution system is deemed available to the owner, tenant or occupant of each lot or parcel of land that abuts upon a street, lot or other public way or place containing such system; and, where the distance from the reclaimed water distribution system and the property line is less than or equal to the distances set out in Table 1, below. Reclaimed water demand for a development shall be calculated based on a minimum irrigation rate of one inch per week for the irrigable area of the property. The irrigation rate equals 3,900 gallons per day per acre of irrigable area. Table 1. Irrigation Demand Max. Distance from the Development Property Line to Development the Reclaimed Water Facility (gallons per day) (feet) <25,000 100 [25,000- 50,000 1300 50,100- 100,000 600 >100,000 1,350 Ordinance No. 80 -13 -83 Page 3 of 7 AGENDA ITEM # 7C AUGUST 12, 2013 (c) Single- family home developments approved for construction, shall include reclaimed water distribution mains and shall connect to the system when reclaimed water service becomes available. Such reclaimed water lines (or dry lines in the event reclaimed water service is not then presently available at the time of the issuance of a certificate of occupancy or completion) shall be installed in such a manner as to provide service to the entire property of the development. These lines shall be installed during the initial placement of other required infrastructure items and prior to issuance of a certificate of occupancy for the specific site or development. The cost of installing this system shall be borne by the developer. (d) All connections to the reclaimed water system shall be metered. Sec. 22 -354. Design, construction and ownership of new reclaimed water facilities. (a) All reclaimed water facilities shall be designed and constructed according to applicable state and local policies, standards and specifications. (b) The applicant shall design, permit and construct, at the applicant's expense, the off -site reclaimed water mains, valves and accessories necessary to extend the provider's reclaimed water service to the development according to the criteria in Table 1. (c) The applicant shall design, permit and construct at the applicant's expense, the reclaimed water distribution system to provide reclaimed water service to individual customers within the development. (d) All reclaimed water distribution systems and facilities constructed by an applicant in public easements or rights -of -way shall be conveyed to the City for operations and maintenance according to existing City policies for acceptance of water and wastewater facilities. Sec. 22 -355. Use of reclaimed water. (a) All uses of reclaimed water shall be in accordance with applicable rules of the Florida Department of Environmental Protection and other regulatory agencies having jurisdiction. (b) Each customer shall be solely responsible for maintaining the customer's reclaimed water system in good working condition. (d) The City shall monitor reclaimed water connections on its system so as not to exceed the capacity of the system. While it is the intent of the Commission that the City shall maximize the reuse of reclaimed water, the Commission recognizes that, at times, it may be necessary to limit a customer's use of reclaimed water. Notwithstanding any provision of this article, the City makes no representation about the continuing availability or implementation of reclaimed water service. Ordinance No. 80 -13 -83 Page 4 of 7 AGENDA ITEM # 7C AUGUST 12, 2013 Sec. 22 -356. Cross Connection Control (a) Cross connections between reclaimed water facilities and potable water facilities are prohibited. The presence of a cross connection on a customer's property shall constitute a violation of this article and shall be grounds for immediate discontinuance of either the potable or reclaimed water service to the customer's premises. (b) On all premises where reclaimed water service or another source of nonpotable water exists, the public potable water supply shall be protected by an approved backflow prevention device installed on the customer's side of the City potable water service. On all premises where there is a reclaimed water supply or other auxiliary water supply, there shall be no cross connection between such supply and the consumer's City supplied potable water system. All backflow prevention devices and materials installed for cross connection protection shall be subject to the approval of the city manager or his designee and shall be installed at the customer's expense. (c) Where a cross connection is found to exist it shall be disconnected by the customer. If the customer fails to disconnect immediately, the city shall immediately discontinue potable water and reclaimed water service at the point of supply. Before reconnection of service is granted, the public water system shall be reinspected to verify that cross connection has been eliminated, that it has been protected against the possibility of future illegal cross connections, and that a proper backflow prevention device has been installed, tested and accepted to the city manager or his designee. Additional backflow prevention devices may be required as specified by the city manager or his designee and installed at the customer's expense. Sec. 22 -357. Unauthorized work on reclaimed water facilities. Unless expressly authorized in writing by the City, no individual or organization shall tamper with, work on, or in any way alter or damage a reclaimed water facility. Tampering with or working on a reclaimed water facility includes, but shall not be limited to, opening or closing of valves, or causing any water to flow from the system. No unauthorized person shall cut into or make any connection to the system. In addition to any penalties, the offending person shall be liable for the cost of all charges attributable to correcting such tampering, including attorney's fees. Sec. 22 -358. Inspections. To ascertain and ensure compliance with the provisions of this article and related regulations, the City may inspect, secure and /or disconnect any and all devices wherever located that connect to or control any discharge from reclaimed water facilities. Inspections may be made by authorized personnel at such times and with such frequency deemed necessary. Ordinance No. 80 -13 -83 Page 5 of 7 AGENDA ITEM# 7C AUGUST 12, 2013 Sec. 22 -359. Restrictions on Use of Wells (a) Dual or temporary connections of wells to irrigation systems served by reclaimed water are not permitted. Existing private irrigation systems which connect to the reclaimed water system and are presently served by an on -site well or other water source shall disconnect the well or other water source permanently. (b) No potable water wells shall be permitted within 75 feet of any areas irrigated by reclaimed water. In addition, no potable water wells shall be allowed within 75 feet of any reclaimed water lines, valves or pumps. Sec. 22 -360. Discontinuance of service The City may discontinue reclaimed water service to any customer due to an infraction of the procedures and regulations set out in this article, nonpayment of bills, for tampering with any service, for plumbing cross connections with another water source, or for other reasons that are detrimental to the system. The city has the right to cease service until the condition is corrected and all costs due the city are paid. These costs may include delinquent billings, connection charges, and payment for any damage caused to the system. Should a discontinued service be turned on without authorization, then the utility may remove the service and make an additional charge as established by current city ordinances or fee resolutions. Section 22 -361. City's right to refuse service. (a) No connection shall be made to the reclaimed water system unless specifically approved by the city manager or his /her designee. (b) No payment of any costs, submittal of any application or any other act to receive reclaimed water reuse service shall guarantee such service. The city shall have the right, at all times, to refuse to extend services on the basis that a use is detrimental to the system; or there is an inadequate supply of reclaimed water; or lack of payment of required service charges; or for any other reason which, in the judgment of the city manager, will cause the extension not to be in the best interests of the city. Section 22 -363. City not liable for interruptions in service; right of City to restrict use of water. The city shall not be liable for any damage resulting from bursting of any main, service pipe or cock, or by shutting off of reclaimed water for repairs, extensions or connections, or from the accidental failure of the reclaimed water supply from any cause whatsoever. In cases of emergency, the city shall have the right to restrict the use of reclaimed water in any reasonable manner for the protection of the city and its reclaimed water supply. Ordinance No. 80 -13 -83 Page 6 of 7 Section 22 -364. Billing and collection of fees. AGENDA ITEM # 7C AUGUST 12, 2013 (a) The reclaimed water fees and charges shall be billed and collected with the monthly utility bill for those properties utilizing City utilities. The reclaimed water fees and charges shall be billed and collected separately for those developed lots or parcels and owners thereof not utilizing other City utilities. (b) All bills for reclaimed water fees and charges shall be rendered monthly and shall be payable at the same time and in the same manner and subject to the same penalties as utility bills of the City under the terms and conditions of the Code of the City. Sections 22 -365 to 22 -425. Reserved. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 8th1 day of July 2013. PASSED by the City Commission on second reading this day of 2013. ATTEST: Donna L. Bartle, City Clerk Mike Borno, Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Ordinance No. 80 -13 -83 Page 7 of 7 CHAPTER 62-610 REUSE OF RECLAIMED WATER AND LAND APPLICATION 62-610.100 Scope, Intent, Purpose, and Applicability 62-610.200 Definitions 62-610.300 General Technical Guidance, Related Rules, and Forms 62-610.310 Engineering Report 62-610.320 Operation and Maintenance Requirements and Operating Protocols 62-610.330 Pretreatment Programs 62-610.400 Description of System 62-610.410 Waste Treatment and Disinfection 62-610.412 Monitoring of Reclaimed Water and Ground Water 62-610.414 Storage Requirements 62-610.417 Surface Runoff Control and Subsurface Drainage 62-610.418 Access Control and Advisory Signs 62-610.419 Application/Distribution Systems and Cross-Connection Control 62-610.421 Setback Distances 62-610.423 Hydraulic Loading Rates 62-610.425 Cattle Grazing 62-610.426 Edible Crops (Repealed) 62-610.450 Description of System 62-610.451 Minimum System Size 62-610.460 Waste Treatment and Disinfection 62-610.462 Reliability and Operator Staffing 62-610.463 Monitoring and Operating Protocol 62-610.464 Storage Requirements 62-610.466 Aquifer Storage and Recovery (ASR) 62-610.468 Access Control and Advisory Signs 62-610.469 Application/Distribution Systems and Cross-Connection Control 62-610.471 Setback Distances 62-610.472 Supplemental Water Supplies 62-610.473 Hydraulic Loading Rates 62-610.475 Edible Crops 62-610.476 Toilet Flushing and Fire Protection 62-610.478 Construction Dust Control (Repealed) 62-610.479 Aesthetic Purposes (Repealed) 62-610.480 Other Reuse Applications 62-610.490 Permitting Concept (Repealed) 62-610.491 Additional Operation and Maintenance Requirements 62-610.500 Description of System 62-610.510 Waste Treatment, Disinfection, and Monitoring 62-610.514 Storage Requirements 62-610.516 Emergency Discharge 62-610.517 Surface Runoff Control and Subsurface Drainage 62-610.518 Access Control and Advisory Signs 62-610.521 Setback Distances 62-610.523 Design and Operation Requirements 62-610.525 Projects Involving Additional Levels of Preapplication Treatment 62-610.550 Description of System 62-610.553 Minimum System Size 62-610.554 Discharge to Class I Surface Waters 62-610.555 Discharge to Other Surface Waters 62-610.556 Land Application 62-610.560 Ground Water Recharge by Injection 62-610.562 Salinity Barrier Systems 62-610.563 Waste Treatment and Disinfection 62-610.564 Pilot Testing Program 62-610.567 Reliability and Operator Staffing 62-610.568 Monitoring and Operating Protocol 62-610.571 Setback Distances 62-610.573 Storage Requirements 62-610.574 Access Control, Advisory Signs, and Public Notification 62-610.575 Hydraulic Loading Rates 62-610.600 Description of System 62-610.610 Waste Treatment and Disinfection 62-610.613 Monitoring of Effluent and Ground Water 62-610.614 Storage Requirements 62-610.617 Surface Runoff Control 62-610.618 Access Control and Advisory Signs 62-610.621 Setback Distances 62-610.625 Design and Operation Requirements 62-610.650 Description of System 62-610.652 Waste Treatment, Disinfection, and Monitoring 62-610.656 Storage Requirements 62-610.658 Access Control and Advisory Signs 62-610.660 Cross-Connection Control and Protection of the Reclaimed Water Supply 62-610.662 Setback Distances 62-610.668 Cooling Water Applications 62-610.669 Use of Reclaimed Water at Wastewater Treatment Plants 62-610.670 Industrial Discharge Limitations 62-610.800 Permitting Requirements 62-610.810 Classification of Projects as "Reuse" or "Disposal" 62-610.820 Reuse Feasibility Studies 62-610.830 Storage Lakes and Ponds 62-610.850 Protection of Surface Water and Ground Water Quality 62-610.860 Limited Wet Weather Discharge 62-610.865 Blending of Demineralization Concentrate with Reclaimed Water 62-610.870 Reporting and Enforcement 62-610.890 General Permit for Adding New Major Users to a Part III Reuse System 62-610.100 Scope, Intent, Purpose, and Applicability. (1) Sections 403.064(1) and 373.250(1), F.S., establish the encouragement and promotion of water conservation and reuse of reclaimed water as state objectives and state that water conservation and reuse are in the public interest. (2) Section 403.021(2), F.S., as amended, establishes that no wastes are to be discharged to any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water. Sections 403.085 and 403.086, F.S., set forth requirements for the treatment and reuse or disposal of domestic wastewater. Section 403.051(2)(a), F.S., requires that any Department planning, design, construction, modification or operating standards, criteria, and requirements for wastewater facilities be developed as a rule. This chapter is promulgated to implement the requirements of Sections 403.051, 403.085, 403.086, 403.087, 403.088, F.S., concerning domestic wastewater facilities. (3) It is the policy of the Department to encourage an applicant, before submittal of a permit application, to evaluate alternative wastewater management techniques and to discuss alternatives with the Department. (a) The Department encourages inclusion of public health, economic, scientific, energy, engineering and environmental considerations in such evaluations. Each prospective domestic wastewater facility shall be assessed on an individual basis. (b) The Department encourages environmentally acceptable alternatives which provide the most economic and energy efficient methods of complying with the requirements of this rule, and promote the beneficial reuse of reclaimed waters and treated residuals. (4) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the realities of technological progress and social and economic well-being, nevertheless, intends to prohibit any discharge that constitutes a hazard to human health. (5) These rules shall be construed to assure that all waters of the state shall be free from components of wastewater discharges which, alone or in combination with other substances, are acutely toxic; are present in concentrations which are carcinogenic, mutagenic, or teratogenic to humans, animals, or aquatic species; or otherwise pose a serious threat to the public health, safety, and welfare. (6) This rule contains the specific reuse and land application requirements of the Florida Department of Environmental Protection and of Local Pollution Control Programs approved and established pursuant to Section 403.182, F.S., where such authority has been delegated to those programs. It may be necessary for domestic wastewater facilities to conform with requirements of other agencies, established via interagency agreements (e.g., for mosquito control). The absence of reference to such arrangements in this rule does not eliminate the need to comply with those requirements. (7) The purpose of Chapter 62-610, F.A.C., is to provide design and operation and maintenance criteria for land application systems that may discharge reclaimed waters or domestic wastewater effluent to Class G-II ground waters and to a limited extent to Class G-I and F-I ground waters (as defined by Chapter 62-520, F.A.C.). This chapter also provides design and operation and maintenance criteria for surface water discharge projects involving reuse for ground water recharge, indirect potable reuse, or other beneficial purposes described in this chapter. The requirements in this rule shall apply to systems involving potential discharges to Class G-I and F-I ground waters (as defined by Chapter 62-520, F.A.C.) to the extent that these rule provisions do not conflict with requirements for G-I and F-I ground waters. Supported by moderating provisions, it is intended that Chapter 62-610, F.A.C., establish a framework whereby design flexibility and sound engineering practice can be used in developing systems with which to manage domestic wastewater in an environmentally sound manner. This rule contains operation and maintenance requirements so as much information as possible on reuse and land application can be presented in a single rule. (8) Chapter 62-610, F.A.C., shall be used in conjunction with Chapter 62-600, F.A.C. Systems shall be designed in accordance with sound engineering practice. Minimum design waste treatment and disinfection standards are specified in Rules 62-600.420 and 62-600.440, F.A.C. Additional waste treatment standards, where appropriate, are addressed in this rule. (9) Applicability. (a) Requirements in this chapter shall apply only to domestic wastewater treatment facilities and reuse and land application systems receiving reclaimed water or effluent from domestic wastewater treatment facilities. (b) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to all new reuse and lan d application systems for which construction permit applications or initial permits which authorize construction are approved by the Department after April 5, 1989. This chapter also shall apply to all existing facilities when such facilities are to be modified or expanded, but this chapter shall apply only to the expansion or modification thereof, or if treatment processes are altered such that the quality of reclaimed water or effluent or reliability of such processes is adversely affected. Re-rating of an existing reuse or land application system or site such that the permitted capacity of the system or site is increased shall be considered an expansion, even if there is no increase in physical size of the system or site. (c) All reuse systems, to which construction permits were approved by the Department before April 5, 1989, involving irrigation of public access areas, residential properties, and edible crops (systems subject to regulation under Part III of this rule), shall meet the waste treatment and disinfection requirements contained in subsection 62-610.460(1), F.A.C. The waste treatment and disinfection requirements contained in subsection 62-610.460(1), F.A.C., shall not apply to citrus irrigation systems if: 1. Public access shall be restricted; 2. The reclaimed water shall not directly contact the fruit; 3. The fruit that is produced shall be processed before human consumption; and 4. Secondary treatment and basic disinfection shall be provided. (d) Septic tank drainfield systems and other on-site sewage treatment and disposal systems with subsurface disposal are exempted from the requirements of this rule if 1. The system serves the complete wastewater needs of an establishment with a design capacity of 10,000 gallons per day or less of domestic wastewater, or 2. The system serves the complete wastewater needs of a commercial establishment with a design capacity of 5,000 gallons per day or less of commercial wastewater. (e) Minimum setback distances required by subsections 62-610.421(5), 62-610.471(3), 62-610.521(7) and 62-610.621(4), F.A.C., shall not apply to reuse or land application projects for which the Department received a complete construction permit application before April 15, 1990. (f) The requirements of Parts V and VII and Rule 62-610.525, F.A.C., shall apply to projects for which complete permit applications that request authorization for construction of domestic wastewater treatment facilities or reuse facilities were received by the Department after August 8, 1999, unless specifically stated otherwise within this chapter. (g) Requirements for setback distances to unlined storage ponds in subsection 62-610.521(10), F.A.C., shall apply to new unlined storage ponds. These setback distances shall not apply to existing installations, as defined in Rule 62-521.200, F.A.C. (h) Subsections and Rules 62-610.421(10), 62-610.466, 62-610.471(9), 62-610.472, 62-610.652(5), 62-610.668(2) and 62- 610.865, F.A.C., shall apply to projects for which complete permit applications that request authorization for construction o f domestic wastewater treatment facilities or reuse facilities were received by the Department on or after August 8, 1999. These rules also shall apply to existing projects which are being expanded or modified; however, these rule requirements shall apply only to the expanded or modified portion of the project. (i) The annual reuse report required by subsection 62-610.870(3), F.A.C., shall apply to all (new and existing) domestic wastewater facilities having capacities of 0.1 mgd or larger that reuse all or a portion of the reclaimed water produced. (j) The Cryptosporidium and Giardia sampling required by subsections 62-610.463(4) 62-610.472(3)(d), 62-610.525(13), 62- 610.568(10), 62-610.568(11) and paragraph 62-610.652(6)(c), F.A.C., shall apply to all (new and existing) facilities that provide reclaimed water for the types of reuse activities regulated by the part of this chapter that contains the rule requiring this sampling. The Cryptosporidium and Giardia sampling required by paragraph 62-610.472(3)(d), F.A.C., shall apply to all (new and existing) facilities that use surface water or treated stormwater as supplemental water supplies for a reuse system regulated under Part III of this chapter. (k) Unless specifically stated otherwise, all setback distances shall be measured horizontally. (l) Existing facilities (those that had construction permit applications or initial permit applications which authorized construction approved by the Department on or before April 5, 1989) shall comply with the requirements of Part III of Chapter 62-610, F.A.C., on January 1, 2010. This applies only to facilities that make reclaimed water available for one or more activities regulated by Part III of this chapter (such as irrigation of public access areas, residential properties, or edible crops; toilet flushing; fire protection; construction dust control; aesthetic purposes; or other activities listed in Rule 62-610.480, F.A.C.). These existing projects previously have been granted grandfathering protection under paragraphs 62-610.100(9)(b) and (c), F.A.C. All permit applications submitted for these existing facilities between August 8, 1999 and December 31, 2009 shall describe construction and other actions needed to bring these facilities into compliance with the Part III requirements by January 1, 2010. The following portions of Part III will not apply to existing facilities on January 1, 2010: 1. Minimum system size in Rule 62-610.451, F.A.C. 2. The color coding requirements in paragraph 62-610.469(7)(f), F.A.C. This exclusion will apply to all existing reclaimed water pipes. 3. Setback distance requirements in Rule 62-610.471, F.A.C. This exclusion will apply to all existing reclaimed water pipes and existing areas receiving reclaimed water. Pipes constructed on or after January 1, 2010, and new or expanded areas to receive reclaimed water shall comply with the setback distance requirements. (10) Other Reuse and Land Application Systems. The Department shall approve preapplication treatment, disinfection, reliability, storage, setback distance, monitoring, and other design and operational control measures for reuse and land application systems not addressed in Parts II, III, IV, V, VI, or VII, including systems comprising components of slow-rate, rapid-rate, or overland flow involving potential discharges to ground water or surface water, if the applicant provides reasonable assurances in the engineering report that the design and operational controls proposed by the applicant will result in compliance with ground water quality and surface water quality standards and that public health will be protected. To the extent practicable, design and operational control measures should be established based on the most similar reuse or land application type described in Parts II, III, IV, V, VI, or VII based on system design, application rates, land management practices, and potential for affecting ground water or surface water quality and uses. (11) The Department encourages efficient and effective use of reclaimed water featuring relatively high potable quality water offset or recharge fractions. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.100, Amended 1-9-96, 8-8-99, 11-19-07. 62-610.200 Definitions. Terms used in this rule shall have the meaning specified below. The meaning of any term not defined below shall be taken from definitions in other rules of the Department. (1) “Absorption field” means a drainfield, including the application/distribution system, intended for the reuse of reclaimed water. (2) “Aquifer” means a geological formation, group of formations, or part of a formation (stratum) that is capable of yielding potentially usable quantities of water from wells or springs. (3) “Aquitard” means a geological formation or stratum, or artificial barrier, of relatively low permeability which will not transmit water fast enough to furnish an appreciable supply; confining zone. (4) “Blend” means the combination of concentrate and reclaimed water. (5) “Blend ratio” means the ratio of the flow of reclaimed water to the flow of concentrate in a blending operation, as described in Rule 62-610.865, F.A.C. (6) “Carbonaceous biochemical oxygen demand (CBOD5)” means the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter present in a water or wastewater, reported as a five-day value determined using approved methods. (7) “Commission” means the Environmental Regulation Commission. (8) “Demineralization concentrate” means the concentrated byproduct water, brine, or reject water produced by ion exchange or membrane separation technologies (such as reverse osmosis, membrane softening, ultra-filtration, membrane filtration, electrodialysis, and electrodialysis reversal) used for desalinization, softening, or reducing total dissolved solids during water treatment for public water supply purposes. Within this chapter, demineralization concentrate will also be referred to as “concentrate.” (9) “Department” means the Department of Environmental Protection. (10) “Developed areas” means areas in or adjacent to residential, commercial, or residentially or commercially-zoned areas. (11) “Direct contact irrigation” and “direct application” mean an irrigation method, such as spray irrigation, resulting in reclaimed water directly contacting the edible crop. (12) “Disinfection” means the selective destruction of pathogens in reclaimed water, wastewater effluents, and residuals. (13) “Disposal” means the discharge of effluent to injection wells, effluent outfalls, subsurface drain systems, and other facilities utilized strictly for the release of effluents into the environment. (14) “District” means a water management district created pursuant to Chapter 373, F.S. (15) “Domestic wastewater” means wastewater derived principally from dwellings, business buildings, institutions, and the like; sanitary wastewater; sewage. Where wastewater from sources other than typical domestic sources (e.g., industrial sources) is combined and treated with wastes from domestic sources, the determination of whether or not the wastewater treatment plant is designated as “domestic” shall be made by the Department considering any or all of the following: residuals classification; whether wastewaters have been pretreated or contain constituents within 50-150%, by concentration, of typical domestic wastewater; and whether the permittee, when not required to provide more stringent or otherwise specific levels of treatment, can provide assurance of facility compliance with domestic wastewater treatment standards contained in Chapter 62-600, F.A.C. (16) “Dwelling unit” means a residence for the housing of a single family whether such a residence is a detached structure or a unit of a multiple family building. (17) “Edible crops” means crops that are intended for human consumption. (18) “Effluent”, unless specifically stated otherwise, means water that is not reused after flowing out of any plant or other works used for the purpose of treating, stabilizing, or holding wastes. (19) “Effluent limitation” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into the environment of the state. (20) “Establishment” means a housing, commercial, or institutional development, including, but not limited to, a place of business, assembly, or residence, whether multiple or single family. An establishment will include all buildings, structures, mobile homes, and appurtenant lands. (21) “Estuary” means a semi-enclosed naturally existing coastal body of water which has a free connection with the open sea and within which the chloride concentration at the surface is equal to or greater than 1,500 milligrams per liter. (22) “Fecal coliforms” means members of the coliform group capable of producing gas from lactose at 44.5 degree C, as determined using approved methods. (23) “Ground water” means water below the land surface in the zone of saturation where water is at or above atmospheric pressure. (24) “Holding pond” means a storage tank or artificial impoundment or pond constructed above, on, below, or partly below the ground surface that is designed and maintained to store a specific volume of fluid and minimize fluid losses other than those primarily occurring by evaporation; generally, holding ponds are not intended to provide a mechanism for pollutant reduction. When used in conjunction with rapid-rate land application systems or other systems described in this rule, holding ponds can also provide a mechanism to accomplish nitrogen reduction. (25) “Hydrogeology” means the branch of hydrology that deals with ground water, its occurrence and movements, its replenishment and depletion, the properties of rocks that control ground water movement and storage, and the methods of investigation and use of ground water. (26) “Indirect application irrigation” and “indirect contact irrigation” mean irrigation methods, such as ridge and furrow irrigation, drip irrigation, and subsurface distribution systems, which minimize direct contact of reclaimed water with the edible crop. (27) “Indirect potable reuse” means, for purposes of this chapter, the planned discharge of reclaimed water to surface waters to augment the supply of water available for drinking water and other uses. Indirect potable reuse is contrasted with “direct potabl e reuse” which involves the discharge of reclaimed water directly into a drinking water treatment facility or into a drinking water distribution system. (28) “Industrial facilities” means those facilities that produce, treat or dispose of wastewater not otherwise defined as domestic wastewater, including the runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling or processing. (29) “Land application” means the reuse of reclaimed water or the disposal of effluent on, above, or into the surface of the ground through spray irrigation, other irrigation techniques, rapid-rate systems, absorption fields, overland flow systems, or other methods. (30) “Local program” means any county, municipality, or combination thereof that has established and administers a pollution control program approved by the Department in compliance with Section 403.182, F.S., as amended. (31) “Milligrams per liter (mg/L)” means the quantity of material present in water or wastewater expressed on the basis of th e weight (milligrams) per unit volume of solution (liter). (32) “Modification” means any alteration, expansion, upgrade, extension, addition, or replacement of an existing wastewater or reuse facility for which a permit is required from the Department after the effective date of this rule. (33) “Monitoring well” means a strategically located well from which ground water levels are measured and samples are withdrawn for water quality analysis. (34) “Nitrate (NO3)” means the nitrogen content present in water or wastewater attributable to the nitrate (NO3-) ion and expressed as elemental nitrogen, N, as determined using approved methods. (35) “Nonpotable water supply well” means a well used as a source of water for irrigation, cooling, or other uses. Wells used as a source of water for drinking, culinary, or domestic purposes are excluded from the definition of nonpotable water supply wells. (36) “Operator” means any person who is principally engaged in and is in charge on-site of the actual treatment plant operation and includes the person who is in charge of treatment plant operation for a shift or period of operation during any part of the day, as certified in accordance with Chapter 61E12-41, F.A.C. (37) “Percolation” means the generally vertical movement of water through soil or other unconsolidated medium to the water table and to lower aquifers where occurring. (38) “Percolation pond” means an artificial impoundment similar to a holding pond for which the design and operation provides for fluid losses through percolation/seepage in addition to evaporative losses. (39) “Permittee” means the person or entity to which a permit for a wastewater facility is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner” and “licensee”, but shall not include licensed individuals (e.g., operators) unless they are the person(s) to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this rule. To the extent that this rule imposes duties with respect to the construction, operation, maintenance or monitoring of a facility and for reporting to or securing permits from the Department, ultimate responsibility lies with the owner of the facility. Nevertheless, Chapter 403, F.S., creates joint and several liability for those responsible for violations. (40) “pH” means the negative common logarithm of the hydrogen-ion activity in moles per liter, as determined using approved methods. (41) “Pollution” means the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation. (42) “Potable quality water offset” means the amount of potable quality water (Class F-I, G-I, or G-II ground water or water meeting drinking water standards) saved through the use of reclaimed water expressed as a percentage of the total reclaimed water used. The potable quality water offset is calculated by dividing the amount of potable water saved by the amount of reclaimed water used and multiplying the quotient by 100. (43) “Potable water supply well” means a well used as a source of water for drinking, culinary, or domestic purposes. (44) “Preapplication waste treatment” means that level of treatment provided prior to application of reclaimed water or wastewater to a land application system. (45) “Public access area” means an area that is intended to be accessible to the general public; such as golf courses, cemeteries, parks, landscape areas, hotels, motels, and highway medians. Public access areas include private property that is not open to the public at large, but is intended for frequent use by many persons. Public access areas also include residential dwellings. Presence of authorized farm personnel or other authorized treatment plant, utilities system, or reuse system personnel does not constitute public access. Irrigation of exercise areas and other landscape areas accessible to prisoners at penal institutions shall be considered as irrigation of public access areas. (46) “Public water supply well” means a well constructed for the purpose of supplying water to a public water system, a s defined in Rule 62-550.200, F.A.C., or in Chapter 64E-8, F.A.C. (47) “Recharge fraction” means the portion of reclaimed water used in a reuse system that recharges an underlying potable quality ground water (Class F-I, G-I, or G-II ground water) that is used for potable supply, or augments a Class I surface water, expressed as a percentage of the total reclaimed water used. (48) “Reclaimed water”, except as specifically provided in Chapter 62-610, F.A.C., means water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. (49) “Reclaimed water distribution system” means a network of pipes, pumping facilities, storage facilities, and appurtenance s designed to convey and distribute reclaimed water from one or more domestic wastewater treatment facilities to one or more users of reclaimed water. (50) “Reclaimed water pipe” means a pipe used to carry reclaimed water. (51) “Restricted access” means that access to the reuse site by the general public is controlled and that access to the reuse site by the public is infrequent. Such sites will be accessible to authorized operators and farm personnel. (52) “Reuse” means the deliberate application of reclaimed water, in compliance with Department and District rules, for a beneficial purpose. Criteria used to classify projects as “reuse” or “effluent disposal” are contained in Rule 62-610.810, F.A.C. (53) “Reuse authority” means a utility, municipality, cooperative, authority, or other entity which obtains reclaimed water from two or more utilities, municipalities, or other entities and develops and operates a reclaimed water distribution system for the distribution of reclaimed water to one or more users of reclaimed water. (54) “Secondary treatment” means wastewater treatment to a level that will achieve the effluent limitations specified in paragraph 62-600.420(1)(a), F.A.C. (55) “Secretary” means the Secretary of the Department. (56) “Septic tank” means a watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (57) “Sodium adsorption ratio (SAR)” means the concentration of sodium (Na) divided by the square root of the quantity equal to one half of the sum of the concentrations of calcium (Ca) and magnesium (Mg), where all concentrations are expressed in milliequivalents per liter. (58) “Stream dilution ratio” means the flow rate in the receiving surface water at a point immediately upstream of the discharge divided by the flow rate of the discharge from a limited wet weather discharge. (59) “Subsurface application system” means a network of small diameter, porous or perforated pipes installed horizontally at depths generally less than 12 inches for the purpose of releasing reclaimed water at or near the root zone of the vegetated cover. The release of reclaimed water shall be below the ground surface. This type of application system shall be permitted under Part II, Part III, or Part IV of Chapter 62-610, F.A.C., depending on the loading rates used, degree of public access, characteristics of the site, system design, and mode of operation. (60) “Subsurface drain” means an underground conduit system (which may include one or more vertical water wells) made of various construction materials (e.g., tile) installed to collect unconfined ground water and applied reclaimed water or effluents, and provide conveyance to the treatment plant or discharge point; underdrain. (61) “Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the eart’s surface. (62) “Total Kjeldahl Nitrogen (TKN)” means the sum of free ammonia and organic nitrogen compounds in water or wastewater and expressed as elemental nitrogen, N, as determined using approved methods. (63) “Total suspended solids (TSS)” means solids that either float on the surface of, or are suspended in, water or wastewater; the quantity of material removed from a sample in a laboratory test referred to as nonfilterable residue, as determined using approved methods. (64) “Treatment” means any method, technique, or process which changes the physical, chemical, or biological character or composition of wastewater and thereby reduces its potential for polluting waters of the state. (65) “Treatment plant” means any plant or other works used for the purpose of treating, stabilizing, or holding wastes. (66) “Turbidity” means a condition in water or wastewater caused by the presence of suspended matter, resulting in the scattering and absorption of light rays, as determined using approved methods. (67) “Type I facility” means a wastewater facility having a design average daily flow of 500,000 gallons per day or greater. (68) “Type II facility” means a wastewater facility having a design average daily flow of 100,000 up to but not including 500,000 gallons per day. (69) “Type III facility” means a wastewater facility having a design average daily flow of over 2,000 up to but not including 100,000 gallons per day. (70) “Underground injection” means effluent disposal by well injection into underground geologic formations. (71) “Unrestricted access” means that access to the reuse site by the general public is uncontrolled or that the site is frequently used by humans. An area having unrestricted access is a “public access area” as defined in subsection 62-610.200(45), F.A.C. (72) “User of reclaimed water” means an individual, corporation, entity, business, or other establishment that receives reclaimed water from a reclaimed water distribution system. (73) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the State. (74) “Wastewater” means the combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface runoff or leachate that may be present. (75) “Wastewater facilities” means any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. (76) “Waters” shall be as defined in Section 403.031(13), F.S. (77) “Water quality-based effluent limitation (WQBEL)” means an effluent limitation, which may be more stringent than a technology-based effluent limitation, that has been determined necessary by the Department to ensure that water quality standards in a receiving body of water will not be violated. (78) “Water quality standards” means standards comprised of designated most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water use or classification, the Florida anti-degradation policy, and the moderating provisions contained in Chapters 62-302 and 62-4, F.A.C. (79) “Water table” means the upper surface of the zone of saturation where ground water pressures are equal to atmospheric pressure, except where that surface is formed by an impermeable stratum. (80) “Wellhead protection area” means an area designated by the Department in Chapter 62-521, F.A.C., consisting of a 500- foot radial setback distance around a potable water well, as defined in Rule 62-521.200, F.A.C., where ground water is provided the most stringent protection measures to protect the ground water source for a potable water well and includes the surface and subsurface area surrounding the well. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.200, Amended 1-9-96, 8-8-99, 11-19-07. 62-610.300 General Technical Guidance, Related Rules, and Forms. (1) The following publications are referenced as technical guidance to assist utilities and engineers in planning, design, construction, and implementation of reuse and land application projects. Specific publications or portions of publications which contain enforceable criteria are specifically referenced elsewhere in this chapter. Information in the publications listed below does not supersede the specific requirements in this chapter. (a) U.S. Environmental Protection Agency, 1981. Land Treatment of Municipal Wastewater-Process Design Manual. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (b) U.S. Environmental Protection Agency, 1977. Wastewater Treatment Facilities for Sewered Small Municipalities-Process Design Manual. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (c) U.S. Environmental Protection Agency, 1974. Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability-MCD-05. Environmental Quality Instructional Resources Center, The Ohio State University, 200 Chambers Road, Room 310, Columbus, Ohio 43212. (d) U.S. Environmental Protection Agency, 1977. Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facilities. National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161. (e) U.S. Environmental Protection Agency, 1980. Design Manual-Onsite Wastewater Treatment and Disposal Systems. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (f) U.S. Department of Agriculture, Soil Conservation Service, 1973. Drainage of Agricultural Land. Water Information Center, Inc., 125 East Bethpage Road, Plainview, New York 11803. (g) Florida Department of Transportation, 1985. Florida Land Use, Cover and Forms Classification System. Procedure No. 550- 010-001-A. Florida Department of Transportation, Maps and Publications Sales, Mail Station 12, 605 Suwannee Street, Tallahassee, Florida 32399-0450. (h) U.S. Environmental Protection Agency, 1984. Land Treatment of Municipal Wastewater – Supplement on Rapid Infiltration and Overland Flow – Process Design Manual. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (i) Water Pollution Control Federation, 1989. Manual of Practice SM-3. Water Reuse. W.P.C.F., 601 Wythe Street, Alexandria, Virginia 22314-1994. (j) Water Environment Federation and American Water Works Association, 1998. Using Reclaimed Water to Augment Potable Water Resources. W.E.F., 601 Wythe Street, Alexandria, Virginia 22314-1994, or A.W.W.A., 6666 West Quincy Avenue, Denver, Colorado 80235. (k) U.S. Environmental Protection Agency and the U.S. Agency for International Development. 1992. Guidelines for Water Reuse. Report EPA/625/R-92/004. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (l) Florida Department of Environmental Regulation, 1991. Guidelines for Preparation of Reuse Feasibility Studies for Applicants Having Responsibility for Wastewater Management. Information Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. (m) National Research Council, 1998. Issues in Potable Reuse: The Viability of Augmenting Drinking Water Supplies With Reclaimed Water. National Academy Press, 2101 Constitution Avenue, NW, Washington, DC 20418. (n) Reuse Coordinating Committee and Water Conservation Initiative Water Reuse Workgroup, 2003. Water Reuse for Florida: Strategies for Effective Use of Reclaimed Water. Department of Environmental Protection, Domestic Wastewater Section, MS 3540, Blair Stone Road, Tallahassee, FL 32399-2400 (www.dep.state.fl.us/water/reuse/). (2) Members of the public may request and obtain copies of the publications listed in subsection 62-610.300(1), F.A.C., by contacting the appropriate publisher at the address indicated. Copies of the above publications are on file with the Florida Secretary of State and the Joint Administrative Procedures Committee. Copies are also on file and available for review in the Department’s Tallahassee offices and in the Department’s district and branch offices where they may be reviewed during normal business hours. (3) Related rules. The following Department rules may be applicable to reuse and land application projects, depending on the nature and scope of the project. This listing is provided solely for the purpose of noting other Department rules which the applicant may need to consult and comply with during the planning, design, construction, and operation of reuse or land application projects. This listing is not intended to be a comprehensive listing of every rule which may be applicable. (a) Antidegradation policy requirements are contained in Rules 62-4.242 and 62-302.300, F.A.C. (b) Cross-connection control program requirements are contained in Chapter 62-555, F.A.C. (c) Disinfection criteria are contained in Rule 62-600.440, F.A.C., which lists the design and performance standards for high- level, intermediate, basic, and low-level disinfection. (d) Domestic wastewater facility requirements are contained in Chapter 62-600, F.A.C., Chapter 62-600, F.A.C., contains design, operation, and compliance requirements for all domestic wastewater facilities. Treatment levels, disinfection requirements, and pH requirements also are contained. (e) Drinking water standards are contained in Chapter 62-550, F.A.C. (f) Fees related to permitting are listed in Chapter 62-4, F.A.C. (g) Ground water quality standards are contained in Chapter 62-520, F.A.C. (h) Industrial pretreatment requirements (within Department rules these are referred to as “pretreatment requirements”) are contained in Chapter 62-625, F.A.C. (i) Monitoring requirements are contained in Chapter 62-601, F.A.C. Requirements for ground water monitoring plans are contained in Chapter 62-520, F.A.C. (j) Operator certification requirements are contained in Chapter 61E12-41, F.A.C. (k) Operator staffing requirements are contained in Chapter 62-699, F.A.C. (l) Permitting requirements are contained in Chapter 62-620, F.A.C. (m) pH requirements are contained in Rule 62-600.445, F.A.C. (n) Pretreatment requirements (sometimes referred to as “industrial pretreatment requirements”) are contained in Chapter 62- 625, F.A.C. (o) Residuals (formerly referred to as “sludge”) management requirements are contained in Chapter 62-640, F.A.C. (p) Secondary treatment is defined in Rule 62-600.420, F.A.C. (q) Surface water discharge requirements are contained in Chapter 62-650, F.A.C. (r) Surface water quality standards are contained in Chapter 62-302, F.A.C. (s) Underground injection control requirements are contained in Chapter 62-528, F.A.C. Additional information related to domestic wastewater facilities is contained in Chapter 62-600, F.A.C. (t) Wellhead protection requirements are contained in Chapter 62-521, F.A.C. (u) Wetlands discharge requirements are contained in Chapter 62-611, F.A.C. (4) Forms. (a) The forms and instructions used by the Department are listed below. The rule numbers are the form numbers. The forms are incorporated by reference in this rule. Copies of these forms and instructions may be obtained by writing to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Twin Towers Office Building, 2600 Blair Sto ne Road, Tallahassee, Florida 32399-2400. In addition, these forms are available at the Department’s District Offices. Forms are also available on the web page for the Department’s Division of Water Resource Management at www.dep.state.fl.us/water. 1. Notice of Intent to Use General Permit for Addition of a Major User of Reclaimed Water, DEP Form 62-610.300(4)(a)1, January 1, 1996. 2. Annual Reuse Report, DEP Form 62-610.300(4)(a)2., effective March 9, 2006. 3. Application for Permission to Place a Public Access Reuse System in Operation, DEP Form 62-610.300(4)(a)3, effective January 1, 1996. 4. Pathogen Monitoring, DEP Form 62-610.300(4)(a)4., effective March 9, 2006. (b) Additional forms used for domestic wastewater and reuse facilities are included in Chapter 62-620, F.A.C. (c) Rule 62-601.300(4), F.A.C., requires domestic wastewater treatment facilities with a permitted capacity of 100,000 gpd or greater that discharge to ground waters via reuse and land application systems to monitor reclaimed water or effluent for the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C. Except for asbestos, color, and corrosivity, all parameters listed as primary and secondary drinking water standards in Chapter 62-550, F.A.C., shall be monitored and reported on the DMR with submittal to the Department by June 28. Approved analytical methods identified in Rule 62-620.100(3)(j) shall be used for analysis. If no method is included for a parameter, methods specified in Chapter 62-550, F.A.C., shall be used. Rulemaking Authority 403.051, 403.061, 403.064 FS. Law Implemented 403.051, 403.061(7), (13), 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.300, Amended 1-9-96, 8-8-99, 3-9-06, 11-19-07. 62-610.310 Engineering Report. (1) In accordance with the requirements and provisions of Chapters 62-600 and 62-620, F.A.C., an engineering report shall be submitted in support of permit applications for new or expanded reuse or land application projects. The engineering report will serve as the preliminary design report for reuse and land application projects. The requirement for an engineering report for modifications of existing systems and for those existing facilities which have had past violations of permit conditions or water quality standards shall be a case-by-case determination by the Department based on the frequency and severity of past violations, the potential for adverse effects on reclaimed water quality and on surface and ground water quality, and the scope of proposed modifications. (2) Abbreviated Report. (a) The Department shall accept an abbreviated engineering report if any of the following conditions exist: 1. The project involves only expansion of existing sites. 2. The treatment facilities and the reuse or disposal facilities are all Type III facilities. 3. The reuse system involves only slow-rate land application systems in public access areas. 4. The project involves slow-rate land application and meets both of the following conditions: a. The average annual hydraulic loading rate shall not exceed 0.5 inches per week, and b. No percolation to ground water is used in the water balance calculations included in the abbreviated engineering report. (b) Information contained in the application together with the best available information referenced in paragraphs 62- 610.310(3)(a), subparagraphs 62-610.310(3)(b)3., 62-610.310(3)(c)6., paragraphs 62-610.310(3)(d), 62-610.310(3)(e), 62- 610.310(3)(f), and 62-610.310(3)(g), F.A.C., shall suffice for the abbreviated engineering report. For rapid-rate projects, the engineering report or abbreviated engineering report shall include the ground water mounding analysis required by subparagraph 62- 610.310(3)(c)8., F.A.C. (3) The engineering report shall include the following: (a) Land Use Requirements. 1. The exact boundaries of the reuse or land application project, with setback distances shown, shall be located on the most recent USGS topographic maps (7.5 minutes series, where available). These maps, or similar scale maps, shall show present land uses and anticipated land uses for the next 10 years within one mile of the site boundaries, based on approved Local Government Comprehensive Land Use Plans where available. The Florida Land Use Cover and Forms Classification System (paragraph 62- 610.300(1)(g), F.A.C.), shall be utilized in designating the character of the surrounding area. 2. All potable and nonpotable water supply wells and monitoring wells within a 0.5 mile radius of the land application site shall be located on the maps and identified as to use (e.g., potable) and ownership (e.g., private). 3. If expansion of the proposed facility is anticipated, the area likely to be used in the expansion shall be shown on the maps. The information required by subparagraphs 62-610.310(3)(a)1. and 62-610.310(3)(a)2., F.A.C., shall be provided for the proposed expansions. 4. Surface waters classified pursuant to Chapter 62-302, F.A.C., within one mile of the project area, shall be located on the maps and shall be described, with respect to their classification, uses, and approximate distance from the site. (b) Soils Information. 1. A soils map of the reuse or land application site shall be provided. The soils shall be named and described in accordance with the standard criteria (e.g. soil surveys) of the Soil Conservation Service (SCS) unless advised by the soil scientist of the SCS that soils present are not appropriate for such characterization. 2. Physical characteristics of each significant soil, subsoil, or substratum layer to a depth of 10 feet below the average water table, or to a 20-foot depth (as measured below the lowest point on the site) if no water table is encountered, shall be provided. Representative soil profiles of the site shall be provided and characteristics such as texture, hydraulic conductivity, available water capacity, organic matter content, pH, sodium adsorption ratio, and cation exchange capacity should also be investigated; appropriate chemical characteristics shall be determined for soil profile horizons active in the chemical and biological renovation of reclaimed water or effluent. Specific sites used for determining hydraulic conductivity shall be shown on the soils map, and data shall be submitted to substantiate that the proposed site is hydrologically capable of accommodating the design loading and application rate. 3. For projects described in subsection 62-610.310(2), F.A.C., the Department shall accept an abbreviated report from the permittee addressing the soil characteristics at the proposed site, based upon the best available information in lieu of the more detailed soils information requirements described in paragraph 62-610.310(3)(b), F.A.C. (c) Hydrogeologic Survey. 1. Hydrogeologic data necessary to evaluate the capability of the proposed project to perform successfully at the site on a long- term basis shall be provided. A proposed ground water monitoring plan, if applicable, meeting the requirements of Chapters 62-522 and 62-601, F.A.C., shall be provided. This information shall include, but not be limited to, geophysical information concerning known “solution openings” and sinkhole features within one mile of the site; the identification (with applicable geologic sections), extent or continuity, and hydrologic characterization of aquifers and confining zones underlying the site (i.e., horizontal and vertical hydraulic conductivities, porosity, thickness); head relationships between aquifer systems; and information on the annual range of ground water elevations at the proposed site. 2. The direction and rate of existing ground water movement (and the points of discharge) shall be shown on maps of the area. Similar information regarding conditions anticipated as a result of the project shall be provided. 3. Information on potable and nonpotable water supply wells (and monitoring wells, as appropriate) identified in subparagraph 62-610.310(3)(a)2., F.A.C., including the depth, length of casing, cone of depression and geophysical surveys of the wells (if available) shall be provided. 4. The proposed ground water monitoring system shall also be described and displayed. Background water quality data shall be provided. 5. Flood prone areas on the proposed site and within 0.5 mile of the site shall be located on a map. Discussion of flooding frequencies and magnitude shall be included. 6. For projects described in subsection 62-610.310(2), F.A.C., the Department shall accept an abbreviated report from the permittee covering the hydrogeologic characteristics at the proposed site, based upon the best available information, in lieu of the more detailed hydrogeologic information requirements described in paragraph 62-610.310(3)(c), F.A.C. 7. For overland flow projects involving alternative secondary preapplication treatment levels, determinations of the required number of core samples, representative hydraulic conductivity values, and aquitard extent or continuity shall be included in the engineering report. 8. For rapid-rate and absorption field projects, a ground water mounding analysis based on site-specific information shall be included. This analysis shall demonstrate acceptable long-term hydraulic performance of the system. 9. For aquifer storage and recovery projects regulated under Rule 62-610.466, F.A.C., and ground water recharge projects involving injection to G-II ground water, the engineering report shall characterize the total dissolved solids (TDS) concentration in ground water contained in the aquifer at the point of injection. See subsection 62-610.800(11), F.A.C. For aquifer storage and recovery projects, this shall include characterization of TDS concentrations within the proposed extended zone of discharge, as described in subsection 62-610.466(14), F.A.C. For injection projects having a zone of discharge, as described in subsection 62- 610.560(3) and Rule 62-610.562, F.A.C., the engineering report shall include characterization of TDS concentrations at the point of injection and within the zone of discharge. The methods used to make the TDS characterization shall be described. (d) Land Management System. 1. The present and intended soil-vegetation management program shall be discussed and the vegetative covers identified. Reclaimed water or effluents to be applied shall be characterized in terms of their physical, chemical, and biological properties. Data and other documentation to verify the uptake of nutrients (such as nitrogen and phosphorus), moisture and salt tolerances, pollutant toxicity levels, yield of crops and similar information shall be provided. For projects permitted under Parts II, III, IV, V, and VI of Chapter 62-610, F.A.C., detailed water and nutrient budgets (balances) for the projects shall be included in the engineering report. 2. The harvesting frequencies and the ultimate use of the crops shall be indicated. Lengths of operating seasons, application periods and rates, and resting or drying periods shall also be described. 3. The best available information (and technical assistance) from organizations or individuals qualified in agricultural/ agronomic aspects of reuse and land application shall be used in the preparation of the above report information. 4. Plans for storage, reuse, or disposal of reclaimed water or effluents during crop removal, wet weather, control of pests, equipment failures, or other problems precluding land application shall be described. 5. For overland flow projects involving alternative secondary preapplication treatment levels, operational control aspects of the land management system discussed in Part VI of this chapter also shall be documented. (e) Project Evaluation. 1. An evaluation of the overall long-term effect of the proposed project on environmental resources in the area shall be provided. The evaluation shall include aspects such as changes in water table elevations due to natural fluctuations and the reuse or land application project (including ground water mounding that may occur under the site), prediction of the rate and direction of movement of applied reclaimed water or effluent, changes in water quality in the area associated with the project, and similar information. 2. For projects that will have a limited wet weather discharge, the data required by Rule 62-610.860, F.A.C., shall be included. 3. Justification and documentation for using setback distances, selection of hydraulic loading rates, loading and resting cycles, determining that the reclaimed water or effluents will not violate the standards set by Chapters 62-600 and 62-610, F.A.C., and use of any design criteria for which flexibility is provided in this rule also shall be provided. 4. For projects regulated by Parts III or V of Chapter 62-610, F.A.C., or by Rule 62-610.525, F.A.C., an evaluation of the pretreatment program required by Rule 62-610.330, F.A.C., shall be provided. 5. An evaluation of the proposed project with respect to public health, safety, and welfare shall be provided. 6. Forecasts of flows and reclaimed water characteristics for the current and design year, including: a. Physical, chemical, and biological characteristics and concentrations. b. Reclaimed water flow patterns – monthly average, daily average, daily maximum, and seasonal peak one-hour flow during current and design years. 7. Site plan showing operations and unit processes. 8. Technical information and design criteria for reuse/land application system: a. Hydraulic, organic, and nutrient loadings – minimum, average, and maximum quantities. b. Flow metering (at the wastewater treatment facility). c. Monitoring points. d. Concentrations of reclaimed water or effluent percolated to ground water or being discharged to surface waters, with supporting data including design calculations. 9. Operation and control strategies. 10. For projects regulated by Part III of Chapter 62-610, F.A.C., a description of public notification activities required by subsections 62-610.468(2) and (6), F.A.C., shall be provided. (f) The requirements of each section within the appropriate part of Chapter 62-610, F.A.C., shall be addressed in the engineering report or abbreviated engineering report. (For example, a project to be permitted as a rapid-rate land application system shall have the requirements of all sections in Part IV of Chapter 62-610, F.A.C., addressed in the engineering report.) (g) The engineering report or abbreviated engineering report shall be signed and sealed by a professional engineer registered in Florida. (h) Engineering report requirements specific to projects permitted under Parts V and VII of this chapter are contained in subsections 62-610.310(4) and (5), F.A.C., respectively. (i) Engineering report requirements specific to aquifer storage and recovery projects are contained in Rule 62-610.466, F.A.C. Requirements for notification of public water supply authorities are described in subsection 62-610.466(16), F.A.C. (j) Engineering report requirements specific to blending of concentrate with reclaimed water are contained in Rule 62-610.865, F.A.C. (4) The engineering report for projects involving ground water recharge and indirect potable reuse regulated under Part V of this chapter shall address the following: (a) The full engineering report requirements of Rule 62-610.310, F.A.C., shall apply. (b) In addition, the engineering report shall address the following: 1. The nature of the use of reclaimed water shall be described. 2. For surface water discharges, all potable water intakes shall be identified and located. The withdrawal rates shall be noted. Time of travel from the discharge to the arrival at the potable water intakes shall be presented. 3. For direct or indirect ground water discharges, the time of travel to the nearest public water supply well (based on shortest travel time) shall be presented. 4. The minimum treatment and disinfection requirements imposed by Part V of Chapter 62-610, F.A.C., for the proposed uses shall be presented. 5. A ground water mounding analysis for discharges to ground water shall be presented. 6. Assessment of effects on ground water levels, surface water levels, ground water quality, surface water quality, and uses of property in the area shall be presented. 7. Documentation of written notice to public water supply utilities and the appropriate county health department, if required by subsection 62-610.574(4), F.A.C. 8. Documentation of public education and public participation activities, as required by subsection 62-610.574(3), F.A.C. (5) The engineering report for projects involving industrial uses of reclaimed water permitted under Part VII of this chapter shall address the following: (a) Industries which use reclaimed water shall be identified and located on a map. (b) The nature of the use of reclaimed water shall be described. (c) The minimum treatment and disinfection requirements imposed by Part VII of Chapter 62-610, F.A.C., for the industrial uses shall be presented. (d) Any additional treatment and disinfection requirements beyond the minimum requirements imposed by Part VII which have been agreed to by the domestic wastewater permittee and the industry shall be described. (e) The location of treatment and disinfection facilities shall be described and shown on a map. (f) The disposition of any industrial wastewaters originating from the use of reclaimed water shall be described in detail. This shall include discussion of the applicability of the Department’s industrial wastewater rules. (g) Each requirement in each section of Part VII in Chapter 62-610, F.A.C., shall be discussed. (h) Unless noted otherwise in this rule, the full requirements of Rule 62-610.310, F.A.C., shall not be applied. The best available information shall be presented to meet the requirements of paragraphs 62-610.310(3)(a), 62-610.310(3)(e) and 62-610.310(3)(g), F.A.C. (i) If the uses of reclaimed water will involve irrigation on the industrial site or if a ground water discharge will result, the best available information shall be presented to meet the requirements of paragraphs 62-610.310(3)(b), 62-610.310(3)(c) and 62- 610.310(3)(d), F.A.C. (j) If the industrial uses will be accomplished as part of a reclaimed water system permitted under Part III of Chapter 62-610, F.A.C., an abbreviated engineering report meeting the requirements of Rule 62-610.310, F.A.C., shall be prepared for the overall Part III project. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.0877, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.310, Amended 1-9-96, 8-8-99. 62-610.320 Operation and Maintenance Requirements and Operating Protocols. (1) Land application systems shall be operated and maintained to achieve applicable waste treatment requirements, before final release of reclaimed water or effluent to the environment, as required in Rule 62-600.530, F.A.C. (a) Where all land used as part of the treatment/reuse/disposal system is under the direct control of the permittee for the useful life of the facilities, an operator shall perform the duties for which he is certified under Chapter 61E12-41, F.A.C. The permittee shall maintain control over, and be responsible for, all activities inherent to all reuse and land application systems (e.g., crop removal) to ensure that the entire reuse or waste treatment system operates as approved by the Department. (b) Where the wastewater treatment plant permittee reuses reclaimed water or disposes of effluent using property owned by another party, a binding agreement between the involved parties is required to ensure that construction, operation, maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C. Such binding agreements are required for all reuse or disposal sites not owned by the permittee. The permittee shall retain primary responsibility for ensuring compliance with all requirements of the Florida Administrative Code. (2) Reuse and land application systems designed to use crops for the uptake of nutrients from applied reclaimed waters or effluents shall provide for removal of the crop at appropriate intervals, as described in the engineering report and as approved by the Department. (3) Ground water sampling parameters, schedules, and reporting requirements (where necessary) shall be established pursuant to the provisions of Chapter 62-601, F.A.C. For each report on ground water quality the permittee shall verify to the Department (based on ground water elevations) the direction(s) of ground water movement from the land application site. In accordance with Rule 62- 522.600, F.A.C., other information requirements shall be imposed on any facility whenever there is a change in the permitted volume, location, or composition of the discharge. (4) The permittee of any reuse or land application system shall be responsible for making facilities safe in terms of public health and safety at all times, including periods of inactivation or abandonment. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a reuse or land application system and shall specify what steps will be taken to safeguard public health and safety. (5) Operation and Maintenance Manual. (a) An operation and maintenance manual or an addition to the treatment plant operation and maintenance manual or stand- alone instructional booklet, as appropriate, shall be published for all reuse or land application systems, in accordance with Rules 62- 600.720 and 62-620.630, F.A.C. (b) In addition to the requirements specified in Chapters 62-620 and 62-600, F.A.C., the reuse/land application system operation and maintenance instructions shall provide the operator with an adequate description and schedule of routine reclaimed water or effluent application rates and cycles involved with the system; operation procedures (including any notification and reportin g requirements of appropriate agencies) during adverse climatic conditions and maintenance of equipment; schedules for harvesting and crop removal; routine maintenance required for the continued design performance of the system; ground water monitoring procedures and schedules; listings of spare parts to have on hand; and any other information essential to the operation of the system in accordance with the requirements of this rule. (6) Operating Protocols. (a) An operating protocol is a document which describes how a domestic wastewater facility is to be operated to ensure that only reclaimed water that meets applicable standards is released to a reuse system. It is a detailed set of instructions for the operators of the facilities. It may be part of the operation and maintenance manual or it may be a separate document. (b) Operating protocols are required for the following types of projects: 1. Projects regulated under Part III of Chapter 62-610, F.A.C. See Rule 62-610.463, F.A.C. 2. Projects involving blending of concentrate with reclaimed water. See Rule 62-610.865, F.A.C. For blending projects regulated under Part III of this chapter, two operating protocols are required (one governing compliance with high-level disinfection requirements and a second governing the blending operation). In cases where two operating protocols are required, at the permittee’s discretion, the two operating protocols may be combined into a single document. 3. Projects regulated under Part V of Chapter 62-610, F.A.C. See Rule 62-610.568, F.A.C. (c) The operating protocol shall be approved by the Department before the initial part, portion, or phase of the reuse system is placed into operation. The Department shall approve operating protocols which meet the requirements of paragraph 62- 610.320(6)(d), F.A.C., and provide reasonable assurance that the high-level disinfection requirements will be met. (d) The operating protocol shall address the following: 1. The criteria used to make continuous determinations of the acceptability of the reclaimed water being produced. This shall include the setpoints for parameters measured by continuous on-line monitoring equipment. 2. The physical steps and procedures to be followed by the operator when substandard water is being produced. 3. The physical steps and procedures to be followed by the operator when the treatment facility returns to normal operation and acceptable quality reclaimed water is again being produced. 4. Procedures to be followed during a period when an operator is not present at the treatment facility. 5. The physical steps and procedures to be followed by the operator when the operator returns to the treatment facility following an unattended period. (e) The permittee shall periodically review and revise the operating protocol, as appropriate, to ensure satisfactory system performance. The operating protocol shall be submitted for Department review with each permit application. The submittal shall include the following: 1. Current procedures and criteria addressing the requirements of paragraph 62-610.320(6)(d), F.A.C. 2. Evaluation of the effectiveness of the procedures and criteria in ensuring that applicable rule requirements are met. This shall include an evaluation of any violations of permit requirements during the previous permit. This also shall include analysis and correlations of parameters monitored continuously against the parameters regulated by the permit (for example, turbidity versus total suspended solids). (f) Any revision to the operating protocol shall be reviewed and approved by the Department. Approval by the Department shall be a prerequisite for permit renewals. (g) Rules 62-610.463(2) and 62-610.568(3), F.A.C., require continuous monitoring of turbidity for use in operating protocols as a means of controlling operation of treatment facilities to ensure that only acceptable quality reclaimed water is released to the reuse system or to system storage. In these cases, the Department shall allow use of other types of continuous monitoring equipment, if all of the following conditions are met: 1. The applicant provides an affirmative demonstration that the proposed monitoring equipment will provide a means for controlling the filtration process that is at least as reliable and accurate as a turbidity meter. 2. The proposed monitoring equipment will generate a continuous reading. 3. The proposed monitoring equipment will be equipped with an automated data logging or recording device. 4. The proposed monitoring equipment shall be calibrated according to the requirements of Chapters 62-160 and 62-601, F.A.C. 5. The proposed monitoring equipment shall be maintained according to the manufacturer’s operation and maintenance instructions. 6. The use of the proposed monitoring equipment and setpoints associated with use of the proposed monitoring equipment shall be fully incorporated into the operating protocol. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061(7), 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.320, Amended 1-9-96, 8-8-99, 3-9-06. 62-610.330 Pretreatment Programs. (1) A pretreatment program shall be developed and implemented, in accordance with Chapter 62-625, F.A.C., for reuse projects regulated under Parts III or V of Chapter 62-610, F.A.C., or under Rule 62-610.525, F.A.C., if the wastewater facility receives discharges from significant industrial users, as defined in Rule 62-625.200, F.A.C. Pretreatment program requirements apply only to public utilities, as defined in Rule 62-625.200, F.A.C. (2) A pretreatment program shall not be required for Part III or V reuse projects, if the applicant indicates on Department Form 62-620.910(2) that the wastewater facility has no significant industrial users, as defined in Rule 62-625.200, F.A.C., and that no significant industrial users are anticipated during the next five-year permit period. To continue the pretreatment program exemption, subsequent permit renewal applications must demonstrate that the wastewater facility continues to have no significant industrial users and none are anticipated during the next five-year permit period. (3) Within 60 days of learning of the intent of a significant industrial user, as defined in Rule 62-625.200, F.A.C., to discharge to a wastewater facility permitted under Parts III or V of Chapter 62-610, F.A.C., the permittee shall provide written notification of the proposed discharge to the Department. Upon concurrence by the Department that the proposed discharger meets the definition of significant industrial user, the Department shall include conditions for development and implementation of a pretreatment program in the permit in accordance with Rule 62-625.500, F.A.C. The permit revision shall be deemed a minor revision subject to the procedure in Rule 62-620.330, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.330, Amended 1-9-96, 8-8-99. 62-610.400 Description of System. (1) Slow-rate land application systems involve the application of reclaimed water to a vegetated land surface with the applied reclaimed water being treated as it flows through the plant-soil matrix. A portion of the flow percolates to the ground water and some is used by the vegetation. Offsite surface runoff of the applied reclaimed water is generally avoided. Surface application techniques include ridge-and-furrow and border strip flooding. Spray irrigation systems can use fixed risers or moving systems, such as center pivots. These systems generally involve the reuse of reclaimed water that has received secondary treatment and basic disinfection. (2) Public access shall be restricted, except as allowed by subsection 62-610.418(2), F.A.C. (3) Subsurface application systems may be used. Systems shall be designed and operated to preclude saturated conditions at the ground surface. (4) Reclaimed water may be applied to pastures and areas used to grow feed, fodder, fiber, or seed crops. Trees, including managed hardwood or softwood plantations, may be irrigated. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.400, Amended 1-9-96. 62-610.410 Waste Treatment and Disinfection. (1) For all slow-rate systems involving irrigation of sod farms, forests, fodder crops, pasture land, or similar areas where it is intended that public access shall be restricted, preapplication waste treatment shall result in reclaimed water meeting, at a minimum, secondary treatment and basic disinfection levels before the land application. (2) Systems using subsurface application systems shall be subject to the following additional limitation on TSS. The reclaimed water shall contain not more than 10 mg/L of TSS at all times, unless the application system has been designed to provide specific flexibility and reliability in operation and maintenance of the system. The Department shall approve alternatives to the specified TSS limitation if the applicant provides reasonable assurances in the engineering report that the alternative control measures will ensure non-clogging of the system. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.410, Amended 1-9-96. 62-610.412 Monitoring of Reclaimed Water and Ground Water. (1) Waste treatment limitations shall be met after disinfection and before discharge to system storage ponds or to reuse systems. (2) Ground water monitoring. (a) A ground water monitoring program shall be established by the permittee and approved by the Department, pursuant to Chapter 62-601 and Rule 62-522.600, F.A.C. (unless otherwise exempted). (b) The manual referenced in paragraph 62-610.300(1)(d), F.A.C., contains general technical guidance regarding the design and construction of monitoring wells and ground water sampling procedures. Ground water test wells resulting from hydrogeologic exploratory programs, background water quality determinations or other requirements shall be approved by the Department for use as part of the compliance monitoring well system if the permittee provides reasonable assurances in the engineering report an d ground water monitoring plan that the well meets the requirements of Rule 62-522.600, F.A.C., and that the well construction is such that migration of fluids from the surface to subsurface formations or between subsurface formations will not occur. (c) Ground water sampling parameters for monitoring background and receiving water quality will be established by the Department based upon the quality of reclaimed water to be discharged, site specific soil and hydrogeologic characteristics, and other considerations, in accordance with Chapter 62-601 and Rule 62-522.600, F.A.C. Water levels shall be recorded before evacuating wells for sample collection. Elevation references shall include the top of the well casing and land surface at each well site (NGVD allowable) at a precision of plus or minus 0.1 foot. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.412, Amended 1-9-96. 62-610.414 Storage Requirements. (1) System storage ponds as described herein shall not be required where it is documented in the engineering report that an alternative system (e.g., permitted surface water discharge, deep wells) is incorporated into the system design to ensure continuous facility operation in accordance with the requirements of Chapter 62-600, F.A.C. If system storage is not required, provision of flow equalization or storage shall be evaluated in the engineering report to ensure that reclaimed water flows will match the demand pattern during a diurnal cycle. (2) Unless exempted by subsection 62-610.414(1), F.A.C., system storage ponds shall have capacities determined as follows. (a) System storage ponds shall have sufficient storage capacity to assure the retention of the reclaimed water under adverse weather conditions, harvesting conditions, maintenance of irrigation equipment, or other conditions which preclude land application. (b) Storage capacity or a limited wet weather discharge system shall be provided for wet weather conditions which preclude land application and shall be described in the engineering report and subject to Department approval. The system storage peri od shall be established by determining the volume of storage that would be required for a ten-year recurrence interval, using weather data that is available from, or is representative of, the area involved. (c) At a minimum, system storage capacity shall be the volume equal to three times that portion of the average daily flow of the reuse capacity for which no alternative reuse or disposal system is permitted. (d) Analytical means (water balance calculations or computer hydrological programs such as the Department’s LANDAP program) of determining system storage requirements shall be used and shall account for all water inputs into the system. Analysis shall be based on site specific data. (e) The methods and assumptions used for determining the system storage requirements shall be described and justified in the engineering report. (f) A minimum of 20 years of climatic data shall be used in storage volume determinations. (g) Irrigation efficiencies or rainfall efficiencies shall not be used in storage volume determinations. (3) System storage ponds and tanks shall be designed for continuous flow-through or off-line storage of the reclaimed water from the treatment plant. For continuous flow-through, the pond or tank shall be designed such that reclaimed water can be retained for the required storage period. For off-line ponds or tanks, the reclaimed water transmission system shall be designed such that all produced reclaimed water can be diverted to the pond or tank and retained for the required storage period under conditions which preclude land application. (4) System storage ponds shall be lined or sealed to prevent measurable seepage. The permeability, durability, strength, thickness, and integrity of the liner material shall be satisfactorily demonstrated for anticipated pressure gradient, climatic, installation and daily operation conditions. A quality assurance/quality control plan which substantiates the adequacy of the liner and its installation shall be incorporated into, or shall accompany the engineering report. Synthetic liners shall be installed in accordance with the manufacturer’s specifications and recommendations. Documentation of quality assurance and quality control activities on liner installation along with permeability or seepage test results shall be submitted with the notification that the facility will be placed in operation. (5) System storage ponds may be unlined if designed to provide both storage and percolation functions. When designed for percolation such ponds are subject to the provisions of Part IV of this rule. System storage ponds may be unlined if high-level disinfection is provided. (6) Provisions for monitoring ground water quality adjacent to unlined system storage ponds shall be incorporated into the ground water monitoring plan. (7) System storage holding ponds shall provide a minimum three feet of freeboard. Holding ponds shall be provided with an emergency discharge or overflow device to prevent water levels from rising closer than one foot to the top of the embankment or berm. The overflow device shall have sufficient capacity to discharge excess flows. Disposition of the overflow discharge shall be identified in the engineering report. (8) Provisions for the control of algae shall be included in the design, operation, and maintenance and shall be described in the engineering report. Pond design shall also address the control of mosquito breeding habitat. Minimum pond depths (excluding freeboard but including the design operating range) of six feet, with inside bank side slopes steeper than 3:1 (horizontal to vertical), but no steeper than 1:1, are required to discourage growth of rooted aquatic weeds. Maintenance of a minimum pond water depth of 18 inches is required. Routine aquatic weed control and regular maintenance of pond embankments and access areas are required . The use of other depth criteria for mosquito control shall be justified in the engineering report. (9) Ponds shall be sited to avoid areas of uneven subsidence, sinkholes, pockets of organic matter or other unstable soils unless provisions are made for their correction. Ponds used to impound reclaimed water above natural grade shall be designed to prevent failure of the embankment due to hydrostatic forces, seepage or soil piping, wind and wave action, erosion, and other anticipated conditions. Results from field and laboratory tests from an adequate number of test borings and soil samples shall be the basis for computations pertaining to seepage and stability analyses. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.414, Amended 1-9-96. 62-610.417 Surface Runoff Control and Subsurface Drainage. (1) The land application site shall be designed to prevent the entrance of surface runoff. If necessary, berms shall be place d around the application area for this purpose. Provisions for on-site surface runoff control shall be described in the engineering report and subject to Department approval. (2) The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from perimeter drainage features that collect reclaimed water after land application. (3) If a subsurface drain system is necessary to prevent the water table from rising into the plant root zone, the system shall be designed in accordance with appropriate portions of paragraph 62-610.300(1)(f), F.A.C., concerning Natural Resources Conservation Service criteria for subsurface drains. The drainage system shall be designed so that the water table is drawn down generally to provide for 36 inches of unsaturated soil thickness during the time when irrigation is not practiced; unsaturate d thicknesses less than this value shall be approved only when justified in the engineering report on the basis of renovating and agronomic aspects of the soil-plant system. The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from the drainage system. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.417, Amended 1-9-96. 62-610.418 Access Control and Advisory Signs. (1) For all systems, appropriate advisory signs shall be posted around the site boundaries to designate the nature of the project area. Fencing around the site boundary is not required. Storage ponds shall be enclosed with a fence or otherwise designed with appropriate features to discourage the entry of animals and unauthorized persons. (2) The permittee may allow public access to the land application site if a subsurface application system is used. Subsurface application systems may be used to irrigate residential properties, if the requirements of Part II of Chapter 62-610, F.A.C., are met. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.418, Amended 1-9-96. 62-610.419 Application/Distribution Systems and Cross-Connection Control. (1) New reclaimed water application/distribution systems (and replacements of existing systems) shall be designed such that: (a) Drawdown of holding ponds shall be accomplished as soon as is appropriate. For this purpose, a minimum hydraulic capacity of 1.5 times the maximum daily flow (at which adequate treatment can be provided) of the treatment plant is required; the actual hydraulic criterion selected shall be justified in the engineering report on the basis of holding pond storage capacity, assimilative capacity of the soil-plant system, and similar considerations; (b) The system design facilitates maintenance and harvesting of the irrigated areas and precludes damage from the use of maintenance equipment or harvesting machinery; (c) The system is designed to prevent clogging with algae; (d) Exposed pipes are labeled; (e) Spray equipment is designed and located to minimize aerosol carry-over from the application area (e.g., low pressure sprays) to areas beyond the setback distances described in subsection 62-610.421(2), F.A.C.; and (f) There are no above ground hose bibbs (spigots or other hand-operated connections). (2) Subsurface application systems may be used if the reclaimed water is made available to the plant root zone and the hydraulic loading rates and cycles comply with Rule 62-610.423, F.A.C. (3) No cross-connections to potable water systems shall be allowed. For systems permitted under subsection 62-610.418(2), F.A.C., the permittee shall develop and obtain Department acceptance for a cross-connection control and inspection program as discussed in Rules 62-610.469 and 62-555.360, F.A.C. (4) For all systems, there shall be readily identifiable “non-potable” notices, marking, or coding on application/distribution facilities and appurtenance. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.419, Amended 1-9-96, 11-19-07. 62-610.421 Setback Distances. (1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface water s and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, odor, lighting and aerosol drift. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges. (2) Slow-rate land application systems shall maintain a distance of 100 feet from the edge of the wetted area to buildings that are not part of the treatment facility, utilities system, or municipal operation; or to the site property line. (a) This distance shall be reduced to 50 feet if the setback is vegetated with trees or shrubs to create a continuous visual barrier at least five feet high to minimize aerosol drift. This distance shall be reduced to 25 feet if high-level disinfection is provided in addition to the setback vegetation. (b) This distance shall be reduced to 50 feet if only low trajectory, low pressure nozzles or surface application techniques are used within the outermost 50 feet of the application area. This distance shall be further reduced to 25 feet if high-level disinfection is also provided. (c) If subsurface application systems are used, no setback distances to buildings are required. If subsurface application systems are used, the setback distance to the site property line shall be reduced to 30 feet. If subsurface application systems are used and if high-level disinfection is provided, the setback distance to the site property line shall be reduced to 10 feet. (d) This on-site setback distance shall be reduced to 50 feet if high-level disinfection is provided. (3) A 500-foot setback distance shall be provided from the edge of the wetted area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed); Class I surface waters; or Class II surface waters. This distance shall be reduced to 200 feet if facility Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C. This distance shall be reduced to 100 feet if facility Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C., and if high-level disinfection is provided. Reductions in the 500-foot setback distance to potable water wells, as described in Rule 62-521.200, F.A.C., shall not be allowed. Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified). (4) No setback distance is required to any nonpotable water supply well. (5) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells. (6) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit. (7) Minimum setback distances to other classes of surface waters shall be established case-by-case based on compliance with applicable water quality standards. (8) The minimum setback distances described above shall only be used if, based on review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, quality of the reclaimed water, expected travel time of the ground water to the potable water supply wells and surface waters, and similar considerations, there is reasonable assurance that applicable water qualit y standards will not be violated. (9) The edge of the wetted area of the land application system shall be at least 100 feet from outdoor public eating, drinking, and bathing facilities. (10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water supply wells. This setback distance shall be reduced, but in no case to less than 200 feet, if the applicant provides an affirmative demonstration in th e engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions such as the following: (a) Confining units exist which preclude migration of the reclaimed water to the potable water supply well, or (b) Ground water flow will be away from the potable water supply well, or (c) Other hydrogeologic conditions that preclude migration of the reclaimed water to the potable water supply well. (11) The reduced setback distances provided in subsection 62-610.421(10), F.A.C., shall not apply to potable water wells, as described in Rule 62-521.200, F.A.C. (12) Unless specifically stated otherwise, all setback distances shall be measured horizontally. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.421, Amended 1-9-96, 8-8-99. 62-610.423 Hydraulic Loading Rates. (1) Hydraulic loading rates shall be established after considering the ability of the soil-plant system to remove pollutants from the reclaimed water. (2) Loading of nitrogen shall promote use by vegetation and nitrification-denitrification reactions in the soil. If supplemental fertilizers are used, the effect of such fertilizer use on nitrate concentrations in the ground water shall be assessed in the engineering report. (3) Other factors which shall be considered in establishing loading rates are the infiltration capacity and hydraulic conductivity of the geologic materials underlying the site; the resulting pollutant load shall be within the assimilative capacity of the soil-plant system. The hydraulic loading rate shall not produce surface runoff or ponding of the applied reclaimed water. Additionally, the quality and use of underlying ground water may dictate the loading rates to be use d. (4) Since soil-plant relationships are complex, the initial design loading rate shall be conservative; a maximum annual average of two inches per week is recommended. The Department will consider a rate higher than the two inches per week average provided the rate is justified in the engineering report on the basis of the renovating and hydraulic capacity of the soil-plant system, the existing quality and use of surface or ground water in the area, and other hydrogeologic conditions. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.423, Amended 1-9-96. 62-610.425 Cattle Grazing. For a period of 15 days from the last application of reclaimed water, land application areas shall not be used for the grazing of cattle whose milk is intended for human consumption. No waiting period is required if high-level disinfection, as defined in Rule 62- 600.440, F.A.C., is provided. There are no restrictions on the grazing of other cattle. Rulemaking Authority 403.051,403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.425, Amended 8-8-99. 62-610.426 Edible Crops. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.426, Amended 1-9-96, Repealed 2-16-12. 62-610.450 Description of System. (1) This type of reuse system involves the irrigation of areas that are intended to be accessible to the public, such as residential lawns, golf courses, cemeteries, parks, landscape areas, and highway medians. Public access areas may include private property that is not open to the public at large, but is intended for frequent use by many persons. Reclaimed water may also be made available for fire protection, aesthetic purposes (such as decorative ponds or fountains), irrigation of edible crops, dust control on construction sites, or other reuse activities. These reuse systems feature reclaimed water that has received high-level disinfection. (2) Public access also may be provided to sites irrigated using subsurface application systems as described and regulated by Part II of Chapter 62-610, F.A.C. Subsurface application projects regulated by Part II are not subject to the requirements of Part III of Chapter 62-610, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.450, Amended 1-9-96. 62-610.451 Minimum System Size. (1) Except as provided in subsection 62-610.451(2), F.A.C., no treatment facility with a design average daily flow of less than 0.1 mgd shall have the produced reclaimed water made available for reuse activities covered by Part III (Rules 62-610.450 through 62-610.491, F.A.C.,) of this chapter. (2) A minimum system size is not required if reclaimed water will be used only for toilet flushing or fire protection. (3) The permitted capacity of the overall domestic wastewater treatment facility shall be used in determining compliance with the minimum system size requirements, even if only a small percentage of the wastewater treated is used for beneficial purposes. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.451, Amended 1-9-96, 11-19-07. 62-610.460 Waste Treatment and Disinfection. (1) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high- level disinfection. The reclaimed water shall not contain more than 5.0 milligrams per liter of suspended solids before the application of the disinfectant. (2) An operating protocol as described in Rules 62-610.320 and 62-610.463, F.A.C., shall be developed and implemented. (3) Filtration shall be provided for TSS control. Chemical feed facilities for coagulant, coagulant aids, or polyelectrolytes shall be provided. Such chemical feed facilities may be idle if the TSS limitation is being achieved without chemical addition. Filtration is an important component of a wastewater treatment facility that provides reclaimed water for the types of activities allowed by Part III of Chapter 62-610, F.A.C. By removing TSS before disinfection, filtration serves to increase the ability of the disinfection process to inactivate virus and other pathogens. Filtration also serves as the primary barrier for removal of protozoan pathogens (Cryptosporidium, Giardia, and others). Addition of chemical coagulants generally increases the effectiveness of pathogen removal. (4) A pretreatment program shall be prepared and implemented in accordance with Rule 62-610.330, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.460, Amended 1-9-96, 8-8-99. 62-610.462 Reliability and Operator Staffing. (1) The following reliability requirements shall apply. Facility reliability shall have a minimum Class I reliability as described in paragraph 62-610.300(1)(c), F.A.C. The Department shall approve alternative levels of treatment facility reliability if the permittee provides reasonable assurances in the engineering report that the facility will provide a level of reliability equivalent to Class I reliability. Class I reliability shall not be required if a permitted alternate treatment or discharge system exists which has sufficient capacity to handle any reclaimed water flows which do not meet the performance criteria established in the operating protocol. (a) Multiple aeration basins shall not be required for an oxidation ditch facility to comply with Class I reliability requirements, if the following conditions are met: 1. The construction permit application was approved by the Department before April 5, 1989; 2. The treatment facility is not being expanded; and 3. All other Class I reliability criteria are met. (2) Except as provided in subsection 62-610.462(3), F.A.C., the wastewater treatment facility shall be staffed by a Class C or higher operator 24 hours per day, 7 days per week. The lead/chief operator shall be at minimum Class B, or higher if required by Chapter 62-699, F.A.C. (3) The minimum staffing requirement at the wastewater treatment facility shall be reduced to staffing by a Class C or higher operator 6 hours per day, 7 days per week, unless Chapter 62-699, F.A.C., requires additional operator presence or a higher level of operator. The lead/chief operator shall be at minimum Class C, or higher if required by Chapter 62-699, F.A.C. This minimum staffing requirement shall be allowed only in conjunction with at least one of the following. (a) Diversion of acceptable quality reclaimed water to the reuse system only during periods of operator presence. (b) Other provisions for increased facility reliability. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.462, Amended 1-9-96, 8-8-99. 62-610.463 Monitoring and Operating Protocol. (1) Reclaimed water limitations shall be met after disinfection and before discharge to holding ponds or reuse systems. The total suspended solids limitation shall be achieved before disinfection, regardless of the actual reclaimed water compliance monitoring location. (2) The treatment facility shall include continuous on-line monitoring for turbidity before application of the disinfectant. Continuous on-line monitoring of total chlorine residual or for residual concentrations of other disinfectants, if used, shall be provided at the compliance monitoring point. Instruments for continuous on-line monitoring of turbidity and disinfectant residuals shall be equipped with an automated data logging or recording device. Continuous on-line monitoring instruments shall be calibrated according to the requirements of Chapters 62-160 and 62-601, F.A.C. Continuous on-line monitoring instruments shall be maintained according to the manufacturer’s operation and maintenance instructions. In accordance with Rule 62-610.320, F.A.C., the permittee shall develop, and the Department shall approve, an operating protocol designed to ensure that the high-level disinfection criteria will be met before the reclaimed water is released to the system storage or to the reclaimed water reuse system. The operating protocol shall be reviewed and updated as required in Rule 62-610.320, F.A.C. Reclaimed water produced at the treatment facility that fails to meet the criteria established in the operating protocol shall not be discharged into system storage or to the reuse system. Such substandard reclaimed water (reject water) shall be either stored for subsequent additional treatment or shall be discharged to another permitted reuse system requiring lower levels of preapplication treatment or to a permitted effluent disposal system. (3) Ground water monitoring. (a) Monitoring of ground water requirements shall be as contained in Chapters 62-601 and 62-522, F.A.C. (b) A ground water monitoring well shall be located adjacent to unlined storage ponds or lakes, unless the applicant provides an affirmative demonstration in the engineering report, based on local hydrogeological conditions or historic flow data for the pond, that reclaimed water stored in the pond will not percolate to ground water. (4) Monitoring for Giardia and Cryptosporidium. (a) For treatment plants having capacities of 1.0 mgd or larger, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows: 1. Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not be greater than two years. 2. Samples shall be taken at a point immediately following the disinfection process. (b) For treatment plants having capacities less than 1.0 mgd, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows: 1. Sampling shall be conducted at one time during each five-year period. Intervals between sampling shall not be greater than five years. 2. Samples shall be taken at a point immediately following the disinfection process. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.463, Amended 1-9-96, 8-8-99. 62-610.464 Storage Requirements. (1) System storage shall not be required where another permitted reuse system or effluent disposal system is incorporated int o the system design to ensure continuous facility operation in accordance with the requirements of Chapter 62-600, F.A.C. If system storage is not required, provision of flow equalization or storage should be evaluated in the engineering report to ensure that reclaimed water flows will match the demand pattern during a diurnal cycle. (2) Unless exempted by subsection 62-610.464(1), F.A.C., system storage ponds shall have capacities determined as follows. (a) Requirements for system storage pond capacity shall be as contained in Rule 62-610.414, F.A.C., for restricted access slow- rate land application systems. System storage or a limited wet weather discharge authorization shall be required for wet weather conditions. At a minimum, system storage capacity shall be the volume equal to three times that portion of the average daily flow of the total reuse capacity for which no alternative reuse or disposal system is permitted. (3) In addition, a separate, off-line system for storage of reject water shall be provided, unless another permitted reuse system or effluent disposal system is capable of discharging the reject water in accordance with requirements of Chapter 62-600, F.A.C. Reject water storage shall have sufficient capacity to ensure the retention of reclaimed water of unacceptable quality. At a minimum, this capacity shall be the volume equal to one day flow at the average daily design flow of the treatment plant or the average daily permitted flow of the reuse system, whichever is less. Provisions for recirculating this reject water to other parts of the treatment plant for further treatment shall be incorporated into the design. (4) Requirements for system storage and reject water holding ponds shall be as contained in Rule 62-610.414, F.A.C., except for the following: (a) System storage ponds do not have to be lined. (b) Reject storage ponds shall be lined or sealed to prevent measurable seepage. (c) Existing or proposed lakes or ponds (such as golf course ponds) are appropriate for storage of reclaimed water and stormwater management if all Department rules are met and the use of lakes or ponds for reclaimed water storage will not impair the ability of the lakes or ponds to function as a stormwater management system. Rule 62-610.830, F.A.C., contains permitting requirements for these types of storage lakes or ponds. Lakes or ponds (such as golf course ponds) used to store reclaimed water are not required to meet the storage pond design, construction, and operation requirements in subsections 62-610.414(7) and (8), F.A.C. (5) The permittee shall maintain an inventory of storage systems. The inventory shall be submitted to the Department at least 30 days before reclaimed water will be introduced into any new storage systems. The inventory shall be submitted annually to the Department with the annual reuse report required by subsection 62-610.870(3), F.A.C. The inventory shall include the following: (a) Name or identifier for the storage system. (b) Location of the storage system (latitude/longitude). (c) Function of the storage system (system storage or reject storage). (d) Type of facility (covered tank, uncovered tank, lined pond, unlined pond). (e) Indication of whether or not the storage facility is a water of the state or discharges to a water of the state. (f) Distances to the nearest public water supply wells and to the nearest potable water supply wells which are not public water supply wells. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.464, Amended 1-9-96, 8-8-99. 62-610.466 Aquifer Storage and Recovery (ASR). (1) Aquifer storage and recovery of reclaimed water involves the following: (a) Injection of reclaimed water into a subsurface formation for storage; and (b) Recovery of the stored reclaimed water for beneficial purposes at a later date. (2) Aquifer storage and recovery can be an effective and environmentally sound approach to provision of storage for reclaimed water for reuse systems regulated under Part III of Chapter 62-610, F.A.C. Aquifer storage and recovery by itself does not constitute “reuse.” It is only when reclaimed water, which has been stored in an aquifer, is recovered and used for beneficial purposes that the reclaimed water is considered to be “reused.” Aquifer storage and recovery systems are considered components of the overall reuse system. (3) Aquifer storage and recovery systems shall meet the technical and permitting requirements of the Department’s underground injection control program which are contained in Chapter 62-528, F.A.C., and shall obtain an underground injection control construction and operation permit, as appropriate, in addition to any permits required under Chapters 62-610 and 62-620, F.A.C. (4) In the engineering report submitted with the initial application to implement an aquifer storage and recovery system, the applicant shall provide an evaluation of the anticipated changes in the characteristics of the reclaimed water during the injection, storage, and recovery phases. In the engineering report, the applicant shall evaluate the need for additional treatment or disinfection upon recovery before introduction of the recovered water into system storage or the reuse system. The engineering report shal l include an initial characterization of the ground water at the point of injection. The ground water characterization shall include analyses for all parameters for which ground water quality standards have been established in Chapter 62-520, F.A.C., and for fecal coliforms. The characterization of TDS at the point of injection is discussed in subparagraph 62-610.310(3)(c)9. and subsection 62- 610.800(11), F.A.C. (5) The water recovered from the aquifer storage and recovery system shall meet the performance standards for fecal coliforms as specified for high-level disinfection before use in a reuse system regulated under Part III of this chapter. (6) Applications for permit renewals shall include an evaluation of the performance of the aquifer storage and recovery system. This shall include evaluations of monitoring data (including trends observed), any problems encountered, and any anticipated problems based on review of the monitoring trends. Existing and anticipated problems shall be addressed as described in subsection 62-610.466(17), F.A.C. (7) Use of Class G-IV ground water. (a) Wells may be used to inject reclaimed water into Class G-IV ground water for aquifer storage and recovery if all of the following conditions in either 1 or 2 are met: 1. Wells may be used to inject reclaimed water into Class G-IV ground water for aquifer storage and recovery if all of the following conditions are met: a. The reclaimed water meets all the preapplication treatment and disinfection criteria established in Part III of Chapter 62-610, F.A.C., before injection. b. Technical and permitting requirements in Chapter 62-528, F.A.C., are met. 2. Wells may be used to inject effluent into Class G-IV ground water for aquifer storage and recovery if all of the following conditions are met: a. The preapplication treatment criteria established in subsections 62-600.540(1) and (4), F.A.C., shall be met before injection. b. Technical and permitting requirements in Chapter 62-528, F.A.C., are met. c. The treatment and disinfection requirements in Part III of Chapter 62-610, F.A.C., shall be met upon recovery of the water. Treatment and disinfection upon recovery shall include filtration and chemical feed facilities, as described in Rule 62-610.460, F.A.C., high-level disinfection, Class I reliability, operator attendance and staffing, operating protocol, reject storage, and monitoring requirements. (8) Use of Class G-I or F-I ground water. (a) Wells may be used to inject reclaimed water into Class G-I or F-I ground water for aquifer storage and recovery if all of the following requirements are met: 1. The reclaimed water meets the full treatment and disinfection criteria established in Rule 62-610.563, F.A.C., for ground water recharge projects. 2. Technical and permitting requirements in Chapter 62-528, F.A.C., are met. (b) Except as provided in subsection 62-610.466(17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water. (9) Use of Class G-II ground water containing 3000 mg/L or less of total dissolved solids. (a) Wells may be used to inject reclaimed water into Class G-II ground water containing 3000 mg/L or less of total dissolved solids for aquifer storage and recovery if all of the following conditions are met: 1. The reclaimed water meets the full treatment and disinfection criteria established in Rule 62-610.563, F.A.C., for ground water recharge projects. 2. Technical and permitting requirements in Chapter 62-528, F.A.C., are met. (b) If the applicant provides an affirmative demonstration that the receiving ground water contains between 1000 and 3000 mg/ L (inclusive) of total dissolved solids, is not currently used as a source of public water supply, and that the receiving ground water is not reasonably expected to be used for public water supply in the future, the preapplication treatment and disinfection requirements shall be as follows: 1. The principal treatment and disinfection requirements in Rule 62-610.563, F.A.C., shall apply, with the following modifications: a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limitations. The fecal coliform limitations associated with high-level disinfection shall not apply. The primary drinking water standards for asbestos and sodium shall not apply as reclaimed water limitations. b. The secondary drinking water standards shall not be applied as reclaimed water limitations. As described in paragraph 62- 610.466(14)(f), F.A.C., the ground water standard for sodium and the ground water standards corresponding to the secondary drinking water standards shall be met at the edge of the extended zone of discharge. c. The total nitrogen limit in paragraph 62-610.563(2)(c), F.A.C., shall not apply. d. The extended zone of discharge shall not extend into zones having TDS concentrations less than 1000 mg/L (based on the initial TDS characterization in the engineering report). (c) The provisions of paragraph 62-610.466(9)(b), F.A.C., shall only apply to receiving ground waters that are not used for public water supply within the following geographic limits (whichever provides for the largest horizontal distance): 1. Located within 1000 feet radially (measured horizontally) from injection and recovery wells, or 2. Located within the radial extent (measured horizontally) of the extended zone of discharge plus an additional 500 feet radially (horizontally). (d) Except as provided in subparagraph 62-610.466(12)(b)1. and subsection 62-610.466(17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water. (10) Use of Class G-II ground water containing greater than 3000 mg/L of total dissolved solids. (a) Wells may be used to inject reclaimed water into Class G-II ground water containing greater than 3000 mg/L of total dissolved solids for aquifer storage and recovery if all of the following conditions are met: 1. The principal treatment and disinfection requirements in Rule 62-610.563, F.A.C., shall apply, with the following modifications: a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limitations. The fecal coliform limitations associated with high-level disinfection shall not apply. The primary drinking water standards for asbestos and sodium shall not apply as reclaimed water limitations. b. The secondary standards shall not be applied as reclaimed water limitations. As described in paragraph 62-610.466(14)(f), F.A.C., the ground water standard for sodium and the ground water standards corresponding to the secondary drinking water standards shall be met at the edge of the extended zone of discharge. c. The total nitrogen limit in paragraph 62-610.563(2)(c), F.A.C., shall not apply. d. The extended zone of discharge shall not extend into zones having TDS concentrations less than 3000 mg/L (based on the initial TDS characterization in the engineering report). 2. Technical and permitting requirements in Chapter 62-528, F.A.C., are met. (b) Except as provided in subparagraph 62-610.466(12)(b)1. and subsection 62-610.466(17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water. (11) If an aquifer exemption pursuant to subsection 62-528.300(3), F.A.C., or a parameter exemption pursuant to Rule 62- 520.500, F.A.C., has been obtained, the Department shall modify the discharge limitations in the permit to reflect the terms of the exemption. (12) Monitoring. (a) Reclaimed water shall be monitored before injection in accordance with the requirements of Chapter 62-601, F.A.C. (b) Water recovered from the aquifer storage and recovery system. 1. Except as provided in subparagraphs 62-610.466(12)(b)2. and 3., F.A.C., the reclaimed water recovered from the aquifer storage and recovery system shall be monitored for TSS, and fecal coliforms at the same frequency specified in Chapter 62-601, F.A.C., for the treatment facility providing reclaimed water to the reuse system. CBOD5 shall be monitored monthly. If the reclaimed water withdrawn from an aquifer storage and recovery system fails to meet the CBOD5, TSS, or fecal coliform limits established for a reuse project regulated under Part III of Chapter 62-610, F.A.C., the Department shall require that additional treatment or disinfection facilities be provided to ensure compliance with these limits. If the CBOD5 limits are not met, the Department shall increase the sampling frequency for CBOD5 to the level required in Chapter 62-601, F.A.C. 2. If the reclaimed water injected into the aquifer storage and recovery system meets the full treatment and disinfection requirements in Rule 62-610.563, F.A.C., fecal coliforms shall be monitored monthly in the water recovered from the aquifer storage and recovery system. 3. If additional treatment or disinfection is provided after recovery of the water from the aquifer storage and recovery system, the monitoring requirements in Rule 62-610.463, F.A.C., shall apply and an operating protocol shall be implemented pursuant to Rule 62-610.463, F.A.C. (c) Aquifer storage and recovery system. 1. A ground water monitoring plan pursuant to Rule 62-522.600, F.A.C., shall be implemented before placing the aquifer storage and recovery system into operation. The monitoring plan shall be designed to verify compliance with the ground water standards and to monitor the performance of the aquifer storage and recovery system. As part of this monitoring plan, the permittee shall monitor a measure of inorganics concentration (such as chloride or TDS) and specific conductance for the water being injected, ground water, and the recovered water. 2. Ground water shall be monitored quarterly for all parameters for which ground water standards exist. After the first year of operation, the frequency of this monitoring and the list of parameters may be adjusted by the Department based on previous monitoring. Reductions in monitoring shall only be considered after the injected bubble of reclaimed water reaches a monitoring well. The complete list of all parameters for which ground water standards exist shall be sampled at least once during each five years. (d) Additional water quality and ground water monitoring may be required under the underground injection control permit. (13) Injection wells and recovery wells used for aquifer storage and recovery shall be located at least 500 feet from any potable water supply well. For potable water supply wells which are not public water supply wells, the Department shall approve a smaller setback distance, if the applicant provides an affirmative demonstration in the engineering report that confinement exists between the aquifer used for aquifer storage and recovery and the potable water supply well such that the aquifer storage and recovery system will not adversely affect the quantity or quality of water withdrawn from the potable water supply well. (14) Extended zone of discharge. (a) Projects described in paragraph 62-610.466(9)(b) and subsection (10), F.A.C., shall have an extended zone of discharge included in the permit. The extended zone of discharge shall apply to parameters listed as secondary drinking water standards and for sodium. Zones of discharge will not be provided for parameters listed as primary drinking water standards (except for sodium). (b) Except as provided in paragraph 62-610.466(14)(a), F.A.C., zones of discharge will not be allowed for projects featuring injection into other Class G-II ground waters or into Class G-I, F-I, or G-IV ground waters. (c) The extended zone of discharge will extend radially to the permittee’s property line. This may be greater than the 100 feet normally allowed for a zone of discharge in Rule 62-522.410, F.A.C. The applicant may request an extended zone of discharge that extends beyond the property boundary, if the conditions and procedures in paragraphs 62-522.500(3)(d) and (e), F.A.C., are met. The applicant may request an extended zone of discharge beyond the property line at the time of initial permit application or with subsequent permit renewals or permit modifications. (d) An extended zone of discharge shall not extend closer than 500 feet to potable water supply wells. For potable water supply wells which are not public water supply wells, the Department shall approve a smaller setback distance, if the applicant provides an affirmative demonstration in the engineering report that confinement exists between the aquifer used for aquifer storage and recovery and the potable water supply well such that the aquifer storage and recovery system will not adversely affect the quantity or quality of water withdrawn from the potable water supply well. (e) The extended zone of discharge shall extend vertically from the base to the top of a specifically designated aquifer, aquifers, or portion of an aquifer. The vertical and lateral limits of the extended zone of discharge shall be designated. Injection and recovery wells used in the aquifer storage and recovery system shall be included within the extended zone of discharge. As noted in sub- subparagraphs 62-610.466(9)(b)1.d. and 62-610.466(10)(a)1.d., F.A.C., the extended zone of discharge shall not extend into zones having TDS concentrations less than the specified threshold (based on the initial TDS characterization in the engineering report). (f) For aquifer storage and recovery systems involving the levels of preapplication treatment provided in paragraph 62- 610.466(9)(b) or subsection (10), F.A.C., all ground water quality criteria shall be met at the edge of the extended zone of discharge. If the natural background ground water quality does not meet the ground water quality criteria, the aquifer storage and recovery system shall meet the natural background quality at the edge of the extended zone of discharge. (15) The aquifer storage and recovery system (including both injection and recovery) shall be described in the domestic wastewater permit. (16) Applicants proposing aquifer storage and recovery systems using Class F-I, G-I, or G-II ground water shall comply with the public and utility notification requirements contained in Rule 62-610.574, F.A.C. (17) The permittee shall assess the performance of the aquifer storage and recovery system on a monthly basis. (a) During operation of the reuse system, if it is shown that water recovered from the aquifer storage and recovery system does not meet the fecal coliform performance criteria associated with high-level disinfection or if the water recovered adversely affects vegetation or crops grown in the reuse system or adversely affects the infiltration/percolation capability of soils within the reuse system, the permittee shall do the following: 1. Evaluate the nature and severity of the problems. 2. Propose remedial or preventative measures and provide reasonable assurances that the remedial or preventative measures will avoid future occurrences of the adverse effects. Remedial or preventative measures may include additional monitoring of or additional treatment of the water recovered from the aquifer storage and recovery system, or other measures. 3. Propose a time schedule for implementation of the proposed remedial or preventative measures. 4. Submit a written report to the Department within 120 days of identification of a potential problem. The report shall addre ss the requirements of subparagraphs 62-610.466(17)(a)1. through 3., F.A.C. (b) The Department shall incorporate remedial or preventative measures and a schedule for implementation in the domestic wastewater permit. (c) Nothing in subsection 62-610.466(17), F.A.C., shall preclude the Department from taking enforcement action to compel compliance with the requirements of Rule 62-610.466, F.A.C., the requirements of Part III of Chapter 62-610, F.A.C., or the ground water standards contained in Chapter 62-520, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99. 62-610.468 Access Control and Advisory Signs. (1) No provisions for access control are needed. (2) The public shall be notified of the use of reclaimed water. This shall be accomplished by the posting of advisory signs designating the nature of the reuse project area where reuse is practiced, notes on scorecards, or by other methods. Examples of some of the notification methods which may be used by permittees include posting of advisory signs at entrances to residential neighborhoods where reclaimed water is used for landscape irrigation and posting of advisory signs at the entrance to a golf course and at the first and tenth tees. (3) Use of purple as a prominent color on advisory signs and written notices related to a reuse project is recommended, but shall not be required. (4) Advisory signs shall include the following text in English and Spanish: “Do not drink” together with the equivalent standard international symbol. (5) Advisory signs shall be posted adjacent to lakes or ponds used to store reclaimed water that are not located at the domestic wastewater treatment facilities. Advisory signs shall be posted at decorative water features that use reclaimed water. Advisory signs at storage ponds or decorative water features shall include the following text in English and Spanish: “Do not drink” and “Do not swim” together with the equivalent standard international symbols. (6) The permittee shall ensure that users of reclaimed water are informed about the origin, nature, and characteristics of reclaimed water; the manner in which reclaimed water can be safely used; and limitations on the use of reclaimed water. Notification is required at the time of initial connection to the reclaimed water distribution system and annually after the reuse system is placed into operation. The details of the public notification program shall be included in the engineering report and with each permit application. A description of ongoing public notification activities shall be included in the annual reuse report required by subsection 62-610.870(3), F.A.C. The public notification program shall include details on written public notification activities, activities related to the news media, use of advisory signs, and other public notification activities. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.468, Amended 1-9-96, 8-8-99. 62-610.469 Application/Distribution Systems and Cross-Connection Control. (1) New slow-rate land application systems, expansions of existing distribution systems, and replacement of existing systems shall be designed to provide, at a minimum, hydraulic capacity of 1.5 times maximum daily flow (at which adequate treatment can be provided) of the treatment facility. The actual hydraulic criterion selected shall be justified in the engineering report on the reclaimed water. (2) Application of reclaimed water on public access facilities shall be controlled by agreement with the wastewater managemen t entity or by local ordinance. (3) Except as specifically allowed in this paragraph, above ground hose bibbs (spigots or other hand operated connections) shall not be present. Hose bibbs shall be located in locked vaults, service boxes, or compartments which shall be clearly labeled as being of nonpotable quality (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol). Hose bibbs which can only be operated by a special tool may be placed in nonlockable vaults, service boxes, or compartments clearly labeled as nonpotable water (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol). Vaults, service boxes, and compartments meeting the requirements of this rule may be located above or below grade. For restricted access sites, the Department shall approve the use of hose bibbs that are not in vaults, service boxes, or compartments, if the applicant provides an affirmative demonstration in the engineering report that alternate means of securing the hose bibb will preclude unauthorized use of the hose bibb. If the Department approves alternate measures for securing hose bibbs for restricted access sites, the alternate control measures and the hose bibb shall be color coded and clearly labeled as being of nonpotable quality (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol). (4) Reclaimed water shall not be used to fill swimming pools, hot tubs, or wading pools. (5) Reclaimed water may be used to irrigate landscaped areas with a tank truck only if the following requirements are met: (a) All applicable requirements in Part III of Chapter 62-610, F.A.C., are met; (b) The truck used to transport and distribute reclaimed water is not used to transport potable water that is used for drinking water; and (c) The truck used to transport and distribute reclaimed water is not used to transport waters or other fluids that do not meet, at a minimum, the requirements of Part III of Chapter 62-610, F.A.C., unless the tank has been evacuated and properly cleaned prior to the addition of the reclaimed water. (6) Conversion of existing facilities. (a) Existing water lines, sewers, and wastewater transmission lines may be converted for use as reclaimed water transmission lines. (b) Applicants wanting to convert these types of facilities to reclaimed water transmission lines shall provide an affirmative demonstration in the engineering report of the following: 1. The location and identification of the facilities to be converted. 2. The location of all connections to the facilities to be converted. 3. Identification of measures to be taken to ensure that existing connections will be eliminated. 4. Identification of procedures to be used to ensure that all connections and cross-connections have been eliminated. This may include physical inspections, dye testing, or other testing procedures. 5. Description of marking, signing, labeling, or color coding to be used to identify the converted facility as a reclaimed water transmission facility. 6. Description of cleaning and disinfection procedures to be followed before the converted facilities will be placed into operation for reclaimed water service. 7. Assessment of the physical condition and integrity of facilities to be converted. 8. Reasonable assurance that cross-connections will not result, public health will be protected, and the integrity of water, wastewater, and reclaimed water systems will be maintained when the conversion is made. (7) Cross-connection control. (a) No cross-connections to potable water systems shall be allowed. The permittee shall submit documentation of Department acceptance for a cross-connection control and inspection program, pursuant to Rule 62-555.360, F.A.C., for all public water supply systems located within the area to be served by reclaimed water. (b) Reclaimed water shall not enter a dwelling unit or a building containing a dwelling unit except as allowed by Rules 62- 610.476 and 62-610.479, F.A.C. (c) Maximum obtainable separation of reclaimed water lines and domestic water lines shall be practiced. A minimum horizontal separation of three feet (outside to outside) shall be maintained between reclaimed water lines and either potable water mains or sewage collection lines. The Department shall approve smaller horizontal separation distances if one of the following conditions is met: 1. The top of the reclaimed water line is installed at least 18 inches below the bottom of the potable water line. 2. The reclaimed water line is encased in concrete. 3. The applicant provides an affirmative demonstration in the engineering report that another alternative will result in an equivalent level of protection. (d) The provisions of Chapter 62-604, F.A.C., are applicable to in-ground crossings. No vertical or horizontal separation distances are required for above-ground crossings. (e) Separation distance requirements in paragraphs 62-610.469(7)(c) and (d), F.A.C., apply to transmission and distribution systems located in rights-of-ways. Similar separation distances are recommended, but are not required on properties where reclaimed water is being used. (f) All reclaimed water valves and outlets shall be appropriately tagged or labeled (bearing the words in English and Spanish : “Do not drink” together with the equivalent standard international symbol) to warn the public and employees that the water is not intended for drinking. All piping, pipelines, valves, and outlets shall be color coded, or otherwise marked, to differentiate reclaimed water from domestic or other water. Effective January 1, 1996, underground piping which is not manufactured of metal or concrete, shall be color coded for reclaimed water distribution systems using Pantone Purple 522C using light stable colorants. Underground metal and concrete pipe shall be color coded or marked using purple as a predominant color. If tape is used to mark the pipe, the tape shall be permanently affixed to the top and each side of the pipe (three locations parallel to the axis of the pipe). For pipes less than 24 inches in diameter, a single tape may be used along the top of the pipe. Visible, above-ground portions of the reclaimed water distribution system shall be clearly color coded or marked. New systems and expansions of existing systems for which permit applications are submitted to the Department on or after January 1, 1996, shall comply with this color coding standard. It is recommended, but shall not be required, that distribution and application facilities located on private properties, including residential properties, be color coded using Pantone Purple 522C. (g) The return of reclaimed water to the reclaimed water distribution system after the reclaimed water has been delivered to a user is prohibited. (h) The permittee is responsible for conducting inspections within the reclaimed water service area to verify proper connections, monitor proper use of reclaimed water, and minimize the potential for cross-connections. Inspections are required when customers first connect to the reclaimed water distribution system. Periodic inspections are required as specified in the cross-connection control and inspection program. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.469, Amended 1-9-96, 8-8-99. 62-610.471 Setback Distances. (1) There shall be a setback distance of 75 feet from the edge of the wetted area of the public access land application area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed). To comply with this requirement a utility providing reclaimed water for residential irrigation may adopt and enforce an ordinance prohibiting private drinking water supply wells in residential areas. This setback distance requirement does not apply to closed loop heating or air conditioning return wells. (2) No setback distance is required to any nonpotable water supply well. (3) A 75-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells. (4) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit. (5) Setback distances are not required for surface waters or developed areas. (6) Setback distances are not required to outdoor public eating, drinking, and bathing facilities. However, within 100 feet from outdoor public eating, drinking and bathing facilities, low trajectory nozzles, or other means to minimize aerosol formation shall be used. (7) No setback distances are required for private swimming pools, hot tubs, spas, saunas, picnic tables, or barbecue pits or grills. (8) A setback distance of 100 feet shall be maintained from indoor aesthetic features (such as decorative pools or fountains) using reclaimed water to adjacent indoor public eating and drinking facilities where the aesthetic features and eating and drinking facilities are within the same room or building space. (9) A setback distance of 200 feet shall be provided from unlined storage ponds to potable water supply wells. This setback distance shall be reduced, but in no case to less than 75 feet, if the applicant provides an affirmative demonstration in the engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions such as the following: (a) Confining units exist which preclude migration of the reclaimed water to the potable water supply well, or (b) Ground water flow will be away from the potable water supply well, or (c) Other hydrogeologic conditions preclude migration of the reclaimed water to the potable water supply well. (10) Unless specifically stated otherwise, all setback distances shall be measured horizontally. (11) For aquifer storage and recovery projects regulated under Rule 62-610.466, F.A.C., setback distance requirements for injection and recovery wells and for extended zones of discharge are contained in subsections 62-610.466(13) and (14), F.A.C. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.471, Amended 1-9-96, 8-8-99, 11-19-07. 62-610.472 Supplemental Water Supplies. (1) Rule 62-610.472, F.A.C., applies to projects for which complete permit applications involving the use of supplemental water supplies were received by the Department on or after August 8, 1999. Rule 62-610.472, F.A.C., shall also apply to any existing reuse system which proposes to add a new supplemental water supply or to expand the facilities, structures, or pumps used for an existing supplemental water supply; however, these rule requirements shall only apply to the expanded or modified portion of the project. Incorporation of a supplemental water supply into the reuse system shall require a permit modification. (2) Other water supplies may be used by the permittee to supplement the supply of reclaimed water. Surface waters, ground waters, treated stormwater, and drinking water may be used to supplement the reclaimed water supply. (3) Surface water and stormwater supplies. (a) Surface water supplies may be used to supplement the reclaimed water supply, if all of the following conditions are met: 1. Disinfection is provided and the fecal coliform and TSS limits established for high-level disinfection in subsection 62- 600.440(5), F.A.C., are met for the treated surface water or stormwater supply before mixing with the reclaimed water. Operating protocols and reject storage facilities are not required for the supplemental water supply. 2. The applicant shall provide an affirmative demonstration that the quality of the resulting mixture of reclaimed water and treated surface water or stormwater will be acceptable for the permitted uses of the reclaimed water within the reclaimed water distribution system. The following factors shall be evaluated in assessing the acceptability of the mixture of reclaimed water and supplemental water: a. The mixture shall not harm vegetation or crops grown in the reuse system. b. The mixture shall enable compliance with ground water standards at the edge of the zone of discharge. c. Public health shall be protected. 3. A one-way flow device shall be provided on each surface water or stormwater supply line to prevent backflow of reclaimed water into the surface water or into the stormwater treatment facilities. This does not have to be an approved device as listed in Rule 62-555.360, F.A.C. A check valve, flap valve, or other device may be used. 4. Continuous monitoring for disinfectant residual shall be performed on the disinfected surface water or stormwater supply at a point before mixing with the reclaimed water. Fecal coliforms and TSS shall be monitored at this point in accordance with the schedule established in Chapter 62-601, F.A.C., for high-level disinfection facilities, based on the permitted capacity of the largest domestic wastewater treatment facility providing reclaimed water to the reuse system. 5. The supplemental water supply pipes and appurtenances shall be color coded and marked to differentiate them from the reclaimed water and potable water facilities. (b) Subparagraphs 62-610.472(3)(a)1. through 5., F.A.C., shall apply to situations involving the introduction of stormwater or surface water directly into a reclaimed water distribution system. Cases involving storage of reclaimed water in lakes and ponds which are part of a stormwater management system are described in, and regulated by, Rules 62-610.464 and 62-610.830, F.A.C., and are not subject to Rule 62-610.472, F.A.C., shall not apply to system storage and reclaimed water distribution facilities that are on the property of and are operated by the user of reclaimed water (such as a golf course or farm). (c) Stormwater may be introduced into the sanitary sewerage system to augment the supply of reclaimed water, if all of the following conditions are met: 1. The resulting mixture of stormwater and domestic wastewater receives the full level of treatment and disinfection required by Part III of Chapter 62-610, F.A.C. 2. The applicant provides an affirmative demonstration that the sewerage system and treatment facilities have sufficient capacities to accommodate the added volumes of stormwater. 3. Introduction of stormwater into the sewerage system shall be limited to dry-weather, low-flow conditions in the sanitary sewerage system. (d) Monitoring for Giardia and Cryptosporidium. 1. For treatment plants having capacities of 1.0 mgd or larger, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows: a. Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not be greater than two years. b. Samples shall be taken at a point after treatment of the supplemental water supply (before blending with reclaimed water). 2. For treatment plants having capacities less than 1.0 mgd, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows: a. Sampling shall be conducted at one time during each five-year period. Intervals between sampling shall not be greater than five years. b. Samples shall be taken at a point after treatment of the supplemental water supply (before blending with reclaimed water). (4) Ground water supplies. (a) Ground water supplies may be used to supplement the reclaimed water supply, if all of the following conditions are met: 1. The applicant shall provide an affirmative demonstration that the quality of the resulting mixture of reclaimed water and ground water will be acceptable for the permitted uses of the reclaimed water within the reclaimed water distribution system. This shall include an evaluation of the factors contained in subparagraph 62-610.472(3)(a)2., F.A.C. This shall include an analysis of the ground water source for all of the parameters included in the ground water quality standards listed in Chapter 62-520, F.A.C. 2. An approved backflow prevention device, as described in Rule 62-555.360, F.A.C., shall be provided on the pipe from each well connected into the reclaimed water system. 3. Monitoring of the ground water supply shall be conducted quarterly for fecal coliforms, unless additional monitoring is required by paragraph 62-610.472(4)(b), F.A.C. At the end of the first year of operation, monitoring of the ground water supply shall be reduced if the applicant provides an affirmative demonstration that the ground water supply meets the high-level disinfection criteria for fecal coliforms and that public health will be protected. 4. The supplemental water supply pipes and appurtenances shall be color coded and marked to differentiate them from the reclaimed water and potable water facilities. (b) If the initial analysis of the ground water supply reveals that the ground water supply does not meet ground water quality standards in Chapter 62-520, F.A.C., the parameters for which the ground water standards are not met shall be added to the quarterly monitoring of the ground water supply. (c) For purposes of subsection 62-610.472(4), F.A.C., water withdrawn at a springhead shall be considered as “ground water.” (5) Drinking water supplies. Drinking water from a public water supply system may be used to supplement the reclaimed water supply, if all of the following conditions are met: (a) An air gap separation, as described in Rule 62-555.360, F.A.C., shall be provided on each connection from the public water supply system into the reclaimed water system. (b) The reuse permit shall not include requirements for monitoring of the drinking water supply. (c) The supplemental water supply pipes and appurtenances shall be color coded and marked to differentiate them from the reclaimed water facilities. (d) The number of connections from the public water supply system into the reclaimed water system shall be minimized. (6) A consumptive use permit for the use of surface water or ground water to supplement the reclaimed water supply may be required by the appropriate water management district. A consumptive use permit from the water management district shall not be required at the time of application for a permit from the Department. The permittee shall be responsible for securing any needed consumptive use permits from the water management district before using ground water or surface water to supplement the reclaimed water supply. (7) Facilities used to connect supplemental water supplies into the reclaimed water distribution system shall be located and documented in the record drawings for the reuse system. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99. 62-610.473 Hydraulic Loading Rates. Loading rates generally shall be as specified in Rule 62-610.423, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.473. 62-610.475 Edible Crops. (1) Irrigation of edible crops that will be peeled, skinned cooked or thermally processed before consumption is allowed. Direct contact of the reclaimed water with such edible crops is allowed. (2) Irrigation of tobacco or citrus is allowed. Direct contact of the reclaimed water with tobacco or citrus is allowed, including citrus used for fresh table fruit, processing into concentrate, or other purposes. (3) Irrigation of edible crops that will not be peeled, skinned, cooked, or thermally processed before consumption is allowed if an indirect application method that will preclude direct contact with the reclaimed water (such as ridge and furrow irrigation, drip irrigation, or a subsurface distribution system) is used. (4) Irrigation of edible crops that will not be peeled, skinned, cooked or thermally processed before consumption using an application method that allows for direct contact of the reclaimed water on the crop is prohibited. (5) The permittee shall maintain an inventory of commercial agricultural operations using reclaimed water to irrigate edible crops. The inventory of edible crop irrigation shall be submitted to the Department at least 30 days before any agricultural operation which will use reclaimed water for irrigation of edible crops will be added to the reused system. The inventory of edible crop irrigation shall be submitted annually to the Department with the annual report of reclaimed water utilization required by subsection 62-610.870(3), F.A.C. The inventory of edible crop irrigation shall include the following: (a) Name of the agricultural operation. (b) Name and telephone number of the owner or operator of the agricultural operation. (c) Address of the agricultural operation. (d) Edible crops irrigated with reclaimed water. (e) Type of application (irrigation) method used. (f) Approximate area under irrigation on which edible crops are grown. (6) If requested, the Department shall authorize special demonstration projects to collect and present data related to the direct application of reclaimed water on crops which are not peeled, skinned, cooked, or thermally processed before consumption. Crops produced during such demonstration projects may be used as animal feeds or may be thermally processed or cooked for human consumption. If the applicant, based on the data collected, demonstrates to the Department that public health will be protected if their reclaimed water is directly applied to crops which are not peeled, skinned, cooked, or thermally processed, the Department shall waive the prohibition described in subsection 62-610.475(4), F.A.C., for that project. When considering such demonstration projects, the Department shall seek the advice of the Department of Health. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 9-13-89, Formerly 17-610.475, Amended 1-9-96, 8-8-99. 62-610.476 Toilet Flushing and Fire Protection. (1) Toilet flushing. (a) Reclaimed water may be used for toilet flushing in commercial or industrial facilities or buildings. Reclaimed water may be used for toilet flushing in motels, hotels, apartment buildings, and condominiums where the individual guests or residents do not have access to the plumbing system for repairs or modifications. Reclaimed water pipes shall be color coded. Reclaimed water shall not be used for toilet flushing in any residential property or dwelling unit where the residents have access to the plumbing system for repairs or modifications. (b) If reclaimed water will be used only for toilet flushing, the Department shall approve alternative levels of reliability, operation controls, and operator attendance if the applicant provides an affirmative demonstration in the engineering report that alternative controls will provide controls on reclaimed water production equivalent to the full requirements of Part III of Chapter 62- 610, F.A.C., and the engineering report presents reasonable assurances that public health will be protected. The engineering report shall document cross-connection control measures and controls on facility operation sufficient to ensure reliable production of reclaimed water of suitable quality. (2) Fire protection. (a) Reclaimed water may be used to provide water for fire protection. Reclaimed water may be supplied to fire hydrants. Hydrants supplied with reclaimed water shall be color coded and shall have no connection to the potable water supply. (b) Reclaimed water may be used to provide water for fire protection in sprinkler systems located in commercial or industrial facilities or buildings. Reclaimed water may be used to provide water for fire protection in sprinkler systems located in motels, hotels, apartment buildings, and condominiums where the individual guests or residents do not have access to the plumbing system for repairs or modifications. Such sprinkler systems shall be color coded and shall be supplied only by reclaimed water. (c) Fire protection systems using reclaimed water shall be designed and operated in accordance with local fire protection codes, regulations, or ordinances. (d) If reclaimed water will be used only for fire protection, the Department shall approve alternative levels of reliability, operation controls, and operator attendance if the applicant provides an affirmative demonstration in the engineering report that alternative controls will provide controls on reclaimed water production equivalent to the full requirements of Part III of Chapter 62- 610, F.A.C., and the engineering report presents reasonable assurances that public health will be protected. The engineering report shall document cross-connection control measures and controls on facility operation sufficient to ensure reliable production of reclaimed water of suitable quality. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.476, Amended 1-9-96. 62-610.478 Construction Dust Control. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.478, Repealed 2-16-12. 62-610.479 Aesthetic Purposes. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.479, Amended 1-9-96, Repealed 2-16-12. 62-610.480 Other Reuse Applications. (1) The Department shall approve other uses of reclaimed water if the following requirements are met: (a) All requirements of Part III of Chapter 62-610, F.A.C., are met; and (b) The engineering report provides reasonable assurance that the intended use will meet applicable rules of the Department and will protect the public health. (2) Additional uses which are approved include: (a) Water supply for commercial laundries. (b) Vehicle washing. (c) Flushing of sanitary sewers and reclaimed water lines. (d) Mixing of concrete. (e) Manufacture of ice for ice rinks. (f) Cleaning roads, sidewalks, and outdoor work areas. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-2-90, Formerly 17-610.480, Amended 1-9-96. 62-610.490 Permitting Concept. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.490, Amended 1-9-96, Repealed 2-16-12. 62-610.491 Additional Operation and Maintenance Requirements. (1) In addition to the operation and maintenance requirements specified in Rule 62-610.320, F.A.C., and the engineering report requirements specified in Rule 62-610.310, F.A.C., the following requirements apply to reuse systems for irrigation in public access areas. (a) The permittee shall develop and obtain Department approval of an operating protocol as discussed in Rules 62-610.320 and 62-610.463, F.A.C. (b) The permittee shall develop and obtain Department acceptance for a cross-connection prevention and inspection program as discussed in Rule 62-610.469, F.A.C. (c) As part of the permit application, the applicant shall submit documentation of controls on individual users of reclaimed water through detailed agreements (including copy of the agreement) or by local ordinance (include copy of appropriate ordinance). (d) A pretreatment program shall be developed and implemented pursuant to Rule 62-610.330, F.A.C. (2) For new reuse systems, items required by paragraphs 62-610.491(1)(a) and (b), F.A.C., shall be approved or accepted and implemented prior to placing the initial part, portion, or phase of the reuse system into operation. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.491, Amended 1-9-96. 62-610.500 Description of System. (1) Rapid infiltration basins (RIBs). (a) Rapid infiltration basins involve reuse of reclaimed water by spreading in a system of basins, RIBs, percolation ponds (cells) which may be underlain with subsurface drains. The percolation area shall be divided into two or more basins, RIBs, or cells (each of which need not have identical size and shape) to allow for alternate loading and resting. (2) Absorption fields. (a) This method of land application involves reuse of domestic reclaimed water through discharge to absorption fields. This method involves high rates of application of reclaimed water and loading to subsurface absorption fields, and is distinguished from “drip” irrigation. Facilities shall be designed so that portions of the absorption field shall be isolated for alternate loading and resting without interrupting application of reclaimed water. The application/distribution system shall be designed with appropriate materials and dimensions compatible with the physical (particularly soil) conditions at the specific site. (b) Absorption fields shall be designed to use the soil/plant overburden. They shall not be designed to have paved or impervious overburden surfaces. Systems designed with paved or impervious overburden surfaces shall meet the requirements of Rule 62- 610.525, F.A.C. Particular attention shall be given to the reliability and flexibility of operating and maintaining the proposed application/distribution system as well as the level of preapplication treatment and surface drainage effects on the absorption fields. (c) Absorption fields shall be designed and operated to preclude saturated conditions at the ground surface. (3) Because of the somewhat limited ability of these systems to renovate reclaimed water, the permittee shall, in the engineering report, address (in detail) the ability of the proposed project to meet ground water criteria at the edge of the zone of discharge. Projects having hydrogeologic or other project characteristics unfavorable for achieving the combined objectives of wastewate r renovation, effluent disposal or reuse of reclaimed water, and ground water protection shall meet the requirements of Rule 62- 610.525, F.A.C. New rapid-rate land application projects involving continuous loading to a single basin, RIB, percolation cell, or absorption field shall meet the requirements in Rule 62-610.525, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.500, Amended 1-9-96. 62-610.510 Waste Treatment, Disinfection, and Monitoring. (1) At a minimum, preapplication waste treatment shall result in a reclaimed water meeting secondary treatment and basic disinfection levels prior to spreading into the rapid infiltration basins or absorption field system. The nitrate concentration in the applied reclaimed water shall not exceed 12 mg/L (as nitrogen) unless reasonable assurance is provided in the engineering report that nitrate as measured in any hydraulically down-gradient monitoring well located at the edge of the zone of discharge established in accordance with Rule 62-522.600, F.A.C., will not exceed 10 mg/L or background levels in the receiving ground water, whichever is less stringent. Design nitrate content of the reclaimed water prior to reuse shall be established by the permittee subject to Department approval. Additional treatment may be required as a result of the pond location, subsurface drainage, and hydrauli c loading rate provisions contained below. (2) For absorption field systems, the reclaimed water shall contain not more than 10 mg/L TSS prior to discharge to the application/distribution system, unless the absorption field and the application/distribution system have been designed to provide specific flexibility and reliability in operation and maintenance of the system. Alternatives to the specified TSS limitation shall be approved by the Department if the applicant provides an affirmative demonstration that the alternative control measure will ensure non-clogging of the system. (3) Monitoring. (a) Waste treatment limitations shall be met after disinfection and before discharge to holding ponds or to reuse systems. (b) Requirements for ground water monitoring shall be as contained in Rule 62-610.412, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.510, Amended 1-9-96, 8-8-99. 62-610.514 Storage Requirements. (1) System storage is not required for rapid-rate land application systems. However, it shall be demonstrated in the engineering report that percolation ponds (cells), rapid infiltration basins, or absorption fields will function adequately under high ground water conditions and that reclaimed water storage or other discharge provisions are not required. (2) Where holding ponds are provided for reclaimed water storage, such ponds are subject to the requirements of Rule 62- 610.414, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.514, Amended 1-9-96. 62-610.516 Emergency Discharge. Rapid infiltration basins or percolation ponds shall be designed to provide a minimum of three feet of freeboard in order to protect the integrity of pond embankments. Percolation ponds and rapid infiltration basins shall be provided with an emergency discharge device to prevent water levels from rising closer than one foot from the top of the embankment or berm. The overflow device shall have sufficient capacity to discharge potential excess flows. Disposition of the overflow shall be described in the engineering report and shown on the plans and shall be approved by the Department. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.516, Amended 1-9-96. 62-610.517 Surface Runoff Control and Subsurface Drainage. (1) Surface runoff control. (a) The land application site shall be designed to prevent the entrance of surface runoff. If necessary, berms shall be placed around the application area for this purpose. Provisions for on-site surface runoff control shall be described in the engineering report and subject to Department approval. (b) The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from perimeter drainage features that collect reclaimed water after land application. (c) Rapid-rate land application systems that result in the collection and discharge of more than 50 percent of the applied reclaimed water shall be considered as effluent disposal systems. This criterion shall be used solely to classify projects as “reuse” or “disposal.” This criterion in no way affects the requirements in paragraph 62-610.517(1)(b), F.A.C. (2) Subsurface drainage. (a) If subsurface drain systems are needed, they shall be designed in accordance with appropriate portions of paragraph 62- 610.300(1)(f), F.A.C., concerning Natural Resources Conservation Service criteria for subsurface drains. The drainage system shall be designed so that the seasonal high water table is drawn down to a minimum of 36 inches below pond bottoms during resting periods. The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from the drainage system. (b) Rapid-rate land application systems that result in the collection and discharge of more than 50 percent of the applied reclaimed water shall be considered as effluent disposal systems. This criterion shall be used solely to classify projects as “reuse” or “disposal.” This criterion in no way affects the requirements in paragraph 62-610.517(2)(a), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.517, Amended 1-9-96. 62-610.518 Access Control and Advisory Signs. (1) For all rapid-rate land application systems, appropriate advisory signs shall be posted around the site boundaries to designate the nature of the project area. Fencing around the entire site boundary is not required. Rapid infiltration basins, percolation ponds, or trenches, and storage ponds shall be enclosed with a fence or otherwise designed with appropriate features to discourage the entry of animals and unauthorized persons. (2) The permittee may allow public access to absorption field sites. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.518, Amended 1-9-96. 62-610.521 Setback Distances. (1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the publi c health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, lighting, aerosol drift, and odors. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges. (2) A setback distance of 500 feet shall be provided from the edge of the rapid infiltration basin, percolation pond, basin, or trench embankments, or from the edge of an absorption field to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed); Class I surface waters; or Class II surface waters. The setback distance to Class I and II surface waters shall be reduced to 100 feet if high-level disinfection is provided. Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified). The setback distance to potable water supply wells, which are not potable water wells, as described in Rule 62-521.200, F.A.C., shall be reduced to 200 feet if all of the following requirements are met: (a) Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C.; (b) High-level disinfection is provided; and (c) The applicant provides information in the engineering report dealing with soils, hydrogeologic conditions, the depth and casing characteristics of such wells, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of the ground water to the potable water supply wells that provides reasonable assurance that applicable water quality standards will not be violated at the point of withdrawal. (3) No setback distance is required to any nonpotable water supply well. (4) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit. (5) Minimum setback distances to other classes of surface waters shall be sufficient to provide reasonable assurance of compliance with applicable water quality standards. (6) A setback distance of at least 100 feet shall be maintained from the edge of the rapid infiltration basins, percolation pond, basin, or embankments, or absorption field to buildings that are not part of the treatment facility, utilities system, or municipal operations; or to the site property line. (a) This on-site setback distance shall be reduced to 50 feet if the following requirements are met: 1. The reuse site is adjacent to a right-of-way; 2. The engineering report demonstrates that operation of the reuse system, including ground water mounding, will not adversel y affect the intended use of the right-of-way; and 3. Information in the engineering report dealing with soils, hydrogeologic conditions, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of ground water to the site property line provides reasonable assurance that applicable water quality standards will not be violated. (b) This on-site setback distance shall be reduced to 25 feet if high-level disinfection is provided in addition to the requirements of paragraph 62-610.521(6)(a), F.A.C. (c) This on-site setback distance shall be reduced to 50 feet if the following requirements are met: 1. High-level disinfection is provided; and 2. Information in the engineering report dealing with soils, hydrogeologic conditions, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of ground water to the site property line provides reasonable assurance that applicable water quality standards will not be violated. (7) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells. (8) The minimum setback distances described above shall only be used if, based on review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, quality of the reclaimed water, expected travel time of the ground water to the potable water supply wells and surface waters, and similar considerations, there is reasonable assurance that applicable water qualit y standards will not be violated. (9) For rapid infiltration basins, percolation ponds, basins, unlined storage ponds, and trenches, setback distances shall be measured beginning at the inside top of the berm surrounding the pond. For absorption fields, setback distances shall be measured from the outer-most edge of the absorption field trench. (10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water wells, as described in Rule 62-521.200, F.A.C. (11) Unless specifically stated otherwise, all setback distances shall be measured horizontally. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.521, Amended 1-9-96, 8-8-99. 62-610.523 Design and Operation Requirements. (1) Hydraulic loading rates shall be developed on the basis of representative percolation tests (drainfield percolation tests described in Chapter 64E-6, F.A.C., are inappropriate) which simulate actual loading conditions that will prevail during the design life of the rapid-rate system. This shall involve bench-scale or pilot-scale hydraulic testing with either the actual reclaimed water to be applied, or other water properly adjusted to correspond to the composition of the reclaimed water to be applied. The design loading rate shall allow for the expected gradual reduction in percolation rate due to long-term application of reclaimed water. (2) The design hydraulic loading (and application) rate shall be related to the hydraulic conductivity and transmissivity and of the geologic formations at the project site which shall be evaluated in-depth by the permittee, with assistance from organizations or individuals qualified by training or experience in soil science, geology, and hydrolog y. (3) Initial average annual hydraulic loading rates shall be limited to 3 inches per day, or 1.9 GPD/FT2, as an annual average where hydrogeologically feasible and as applied to the total bottom area of rapid infiltration basins, percolation cells, or absorption fields. For absorption fields, the bottom area shall be calculated by multiplying the bottom width of the absorption field trench by the length of the absorption field application/distribution lines. An applicant may request higher average annual loading rates based on justification provided in the engineering report, but such rates shall not exceed 9 inches per day (5.6 GPD/FT2), unless the requirements of Rule 62-610.525, F.A.C., are met. The average annual hydraulic loading rate shall be related to the clear water saturated vertical hydraulic conductivity for the most restrictive layer in the unconsolidated medium underlying the site. However, application rates during the loading cycle for individual rapid infiltration basins, percolation cells, or portions of the absorption field comprising the system will depend on the average annual hydraulic loading rate and the loading/resting cycle for the system. Application rates during the loading cycle shall be conservative and shall not exceed 25 percent of the documented vertical hydraulic conductivity, as described above, to control ground water mounding and ensure hydraulic performance of the system. Applicatio n rates during the loading cycle may exceed the maximum average annual hydraulic loading rates specified above. Justification for the use of selected design hydraulic criteria shall be required in the engineering report. These design criteria shall be based on the pollutant load in the reclaimed water to be applied, the characteristics of the underlying soil and aquifer system, loading and resting cycles to be used, and other process design considerations (including denitrification reactions that may be incorporated into the facility’s design). (4) Hydraulic loading and resting cycles shall be developed so as to restore operating percolation rates of the pond system to design levels by the end of the resting period. Hydraulic loading periods of 1-7 days with resting periods of 5-14 days to dry the cell bottoms and enable scarification or removal of deposited solids are required. Design loading and resting cycles and other maintenance measures required to ensure system performance shall be described in the engineering report. Systems which achiev e restoration of design operating percolation rates on a diurnal cycle shall meet the requirements of Rule 62-610.525, F.A.C. Loading and resting cycles are required for absorption fields. Loading and resting periods for absorption fields may vary from the requirements for rapid infiltration basins, if the applicant provides an affirmative demonstration that the alternative loading and resting cycle will enable compliance with the ground water criteria at the edge of the zone of discharge. (5) A ground water mounding analysis based on site-specific information shall be included in the engineering report. This analysis shall demonstrate acceptable long-term hydraulic performance of the system. The ground water mounding analysis shall demonstrate that the ground water mound will not intercept the ground surface during any portion of the loading cycle during any time of the year. The ground water mounding analysis shall demonstrate that increases in ground water elevations shall not interfere with reasonable uses of adjacent properties. (6) Rapid infiltration basins, percolation ponds, basins, trenches, or cells shall be routinely maintained to control vegetation growth and to maintain percolation capability by scarification or removal of deposited solids. (7) Rapid infiltration basin, percolation pond, and trench bottoms shall be designed, constructed, and maintained to be level. (8) Provisions shall be made in the design to ensure reasonably uniform distribution of reclaimed water across the entire bottom area of rapid infiltration basins, percolation ponds, basins, or cells. Multiple discharge points (normally three or less) may be needed to accomplish this. Elaborate sprinkler distribution systems shall not be required for rapid infiltration basins. Absorption fields shall be designed and constructed to ensure reasonably uniform distribution of reclaimed water across each portion of the absorption field system. (9) The physical characteristics of unconsolidated materials overlying the bedrock shall be such that direct rapid movement (short-circuit) of the applied reclaimed water to underlying aquifers does not occur, unless the requirements of Rule 62-610.525, F.A.C., are met. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.523, Amended 1-9-96, 8-8-99. 62-610.525 Projects Involving Additional Levels of Preapplication Treatment. (1) Rule 62-610.525, F.A.C., applies to the following types of new, rapid-rate, land application projects, for which complete permit applications were received by the Department on or after January 1, 1996: (a) Projects located over Class F-I, G-I, or G-II ground waters in aquifers used for public water supply, which are unconfined and have highly permeable soil types such that rapid movement of reclaimed water into the aquifer will occur. (b) Projects located over Class F-I, G-I, or G-II ground waters in aquifers used for public water supply, which are located in karst areas having solution features or fractures such that rapid movement of reclaimed water into the aquifer will occur. (c) Projects designed for continuous loading to a single rapid infiltration basin, percolation pond, cell, or absorption field. This also includes projects having multiple rapid infiltration basins, percolation ponds, cells, or portions of absorption fields, which are continuously loaded or are never allowed to dry or are unable to dry. (d) Projects having rapid infiltration basins, percolation ponds, cells, or absorption field application distribution systems which are excavated into the receiving ground water. (e) Projects involving average annual loading rates greater than 9 inches per day. (2) Rule 62-610.525, F.A.C., also shall apply to existing projects which are being expanded or modified; however, these rule requirements shall apply only to the expanded or modified portion of the project. (3) In accordance with Rule 62-610.100, F.A.C., the Secretary or the Secretary’s designee may apply the requirements in Rule 62-610.525, F.A.C., to existing, rapid-rate land application facilities where violations of permit conditions or water quality standards have occurred to ensure future compliance with permit conditions and water quality standards. (4) Projects permitted under this section shall be considered as reuse for ground water recharge. (5) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high- level disinfection. The reclaimed water shall not contain more than 5.0 mg/L of total suspended solids before application of the disinfectant. (6) Filtration shall be provided for total suspended solids control. Chemical feed facilities for coagulants, coagulant aids, or polyelectrolytes shall be provided. Such chemical feed facilities may be idle if the reclaimed water limitations are being achieved without chemical addition. Filtration is an important component of the wastewater treatment facility. By removing TSS before disinfection, filtration serves to increase the ability of the disinfection process to inactivate virus and other pathogens. Filtration also serves as the primary barrier for removal of protozoan pathogens (Cryptosporidium, Giardia, and others). Addition of chemical coagulants generally increases the effectiveness of pathogen removal. (7) Total nitrogen shall be limited to 10 mg/L as nitrogen as a maximum annual average. Monthly average and single sample maximum permit limitations shall be established using the multipliers in subparagraph 62-600.740(1)(b)2., F.A.C. (8) Drinking water standards. (a) Wastewater treatment facilities shall be designed and operated to meet the primary and secondary drinking water standards established in Rules 62-550.310 and 62-550.320, F.A.C. 1. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standards for asbestos and bacteriological parameters shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers in subparagarph 62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits for sodium. 2. Except for pH, the parameters listed as secondary drinking water standards shall be applied as maximum annual average permit limits. The multipliers established in subparagraph 62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits. 3. The secondary drinking water standard for fluoride shall be used in establishing permit limits, as described in subparagraph 62-610.525(8)(a)2., F.A.C. 4. All pH observations in the reclaimed water shall fall within the pH range established in the secondary drinking water standards. 5. The reclaimed water shall be sampled for the parameters listed as primary or secondary drinking water standards as follows: a. Parameters listed as primary drinking water standards that are imposed as reclaimed water limits shall be analyzed monthly. After the first three months, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below quarterly. b. Parameters listed as secondary drinking water standards that are imposed as reclaimed water limits shall be analyzed quarterly. After the first year, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below annually. The pH of the reclaimed water shall be analyzed daily. c. Except for pH, twenty-four hour composite samples shall be used to analyze the reclaimed water for parameters listed as primary or secondary drinking water standards. (b) The Department shall approve less restrictive discharge limits for parameters which are included as primary or secondary drinking water standards under any of the following circumstances: 1. The applicant provides an affirmative demonstration in the engineering report that a zone of discharge is appropriate and that the corresponding ground water standards contained in Chapter 62-520, F.A.C., will be met at the edge of the zone of discharge. 2. The applicant provides an affirmative demonstration in the engineering report that the receiving ground water does not meet ground water standards. For the affected parameters, the Department shall establish reclaimed water discharge limits at the level occurring in the receiving ground water. 3. An aquifer exemption has been granted, as provided in subsection 62-528.300(3), F.A.C. 4. A parameter exemption has been granted, as provided in Rule 62-520.500, F.A.C. (c) If the Department establishes alternative discharge limits in accordance with paragraph 62-610.525(8)(b), F.A.C., the alternative limit shall serve as the single sample maximum permit limit. (9) Class I reliability as described in paragraph 62-610.300(1)(c), F.A.C., shall be provided. The Department shall approve alternative levels of treatment facility reliability if the permittee provides reasonable assurances in the engineering report that the facility will provide a level of reliability equivalent to Class I reliability. Class I reliability shall not be required if a permitted alternate treatment or discharge system exists which has sufficient capacity to handle any reclaimed water flows which do not meet the performance criteria for the reuse system. (10) A ground water monitoring plan meeting the requirements of Rule 62-522.600, F.A.C., is required. A proposed monitoring plan shall be included in the engineering report. Approval of the monitoring plan by the Department shall be a prerequisite for issuance of the initial permit. (11) Setback distances shall be as established in Rule 62-610.521, F.A.C. (12) A pretreatment program shall be prepared and implemented in accordance with Rule 62-610.330, F.A.C., for domestic wastewater treatment facilities which have permitted capacities of 0.1 mgd or larger and discharge all or part of their reclaimed water to rapid-rate land application systems regulated under Rule 62-610.525, F.A.C. (13) The permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met: (a) Sampling shall be conducted once every two years. Intervals between sampling shall not exceed two years. (b) Samples shall be taken at a point immediately following the disinfection process. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.525, Amended 1-9-96, 8-8-99. 62-610.550 Description of System. (1) Ground water recharge. (a) This type of reuse system involves the planned use of reclaimed water to augment Class F-I, G-I, or G-II ground waters. Types of ground water recharge systems include: 1. Injection of reclaimed water into Class F-I, G-I, or G-II ground waters, as described in Rule 62-610.560, F.A.C. 2. Rapid-rate land application systems, as described and regulated by Part IV of Chapter 62-610, F.A.C. 3. Use of reclaimed water to create barriers to the landward or upward migration of salt water within Class F-I, G-I, or G-II ground waters, as described in Rule 62-610.562, F.A.C. Rapid-rate land application or injection facilities may be used for salinity barrier control. 4. Discharge to surface waters which are directly connected to Class F-I, G-I, or G-II ground waters, as described in Rule 62- 610.555, F.A.C. (b) Rule 62-520.410, F.A.C., identifies the designated uses of G-I, F-I, and G-II ground waters as being “potable water use.” As a result, it is likely that there may be elements of potable reuse associated with existing and proposed ground water recharg e projects. (2) Indirect potable reuse. This type of reuse system involves the planned use of reclaimed water to augment surface water resources which are used or will be used for public water supplies. Indirect potable reuse systems include: (a) Discharges to Class I surface waters, as described in Rule 62-610.554, F.A.C. (b) Discharges to other surface waters which are directly or indirectly connected to Class I surface waters, as described in Rule 62-610.555, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.550, Amended 1-9-96, 8-8-99. 62-610.553 Minimum System Size. Reclaimed water from treatment facilities with a design average daily flow of less than 0.1 mgd shall not be used for ground water recharge or indirect potable reuse under the provisions of Part V of Chapter 62-610, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96. 62-610.554 Discharge to Class I Surface Waters. (1) Discharge to Class I waters is allowed. (2) Discharge of reclaimed water to wetlands located within Class I surface waters is allowed, if the requirements of Chapter 62- 611, F.A.C., and this part of Chapter 62-610, F.A.C., are met. (3) Discharges of reclaimed water to Class I waters shall be considered as being reuse for indirect potable purposes. (4) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. The reclaimed water shall meet the drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. If the ambient water quality in the receiving Class I water does not meet the drinking water standards, the Department shall establish alternate reclaimed water limits at the level in the receiving water. In no case shall the alternate limits exceed the Class I water standards. Alternative limits will be applied as single sample maxima. Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L. (5) Discharges to surface waters shall meet reclaimed water or effluent limits established by procedures contained in Chapter 62-650, F.A.C., and the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C. (6) No mixing zones shall be allowed. (7) The reclaimed water shall be sampled and analyzed for TOC in accord with subsection 62-610.568(4), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96, Amended 8-8-99. 62-610.555 Discharge to Other Surface Waters. (1) Discharge to waters contiguous to or tributary to Class I waters. (a) For purposes of this paragraph, discharge to waters contiguous to or tributary to Class I waters shall be defined as a discharge located less than or equal to four hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report. (b) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. The reclaimed water shall meet the drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. If the ambient water quality in the receiving Class I water does not meet the drinking water standards, the Department shall establish alternate reclaimed water limits at the level in the receiving water. In no case shall the alternate limits exceed the Class I water standards. Alternate limits will be applied as single sample maxima. Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L. (c) Discharge of reclaimed water or effluent to waters contiguous to or tributary to Class I waters shall be in accordance with Chapter 62-650, F.A.C. Discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62- 302.300, F.A.C. (d) Discharge of reclaimed water to waters contiguous to or tributary to Class I waters shall be considered as indirect potable reuse. (e) Mixing zones shall not extend into Class I waters. (f) The reclaimed water shall be sampled and analyzed for TOC in accord with subsection 62-610.568(4), F.A.C. (2) Discharge upstream of Class I waters. (a) For purposes of this paragraph, discharge to waters upstream of Class I waters shall be defined as a discharge located greater than 4 hours and less than or equal to 24 hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report. (b) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. (c) Discharge of reclaimed water or effluent upstream of Class I waters shall be in accordance with Chapter 62-650, F.A.C. Discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C. (d) Discharge upstream of Class I waters shall be considered as indirect potable reuse only if the applicant provides an affirmative demonstration in the engineering report of the following: 1. There is a need to supplement the supply of water in the Class I water for public water supply purposes, and 2. Discharge of reclaimed water will meet part or all of the identified need to supplement the water supply. (3) Surface water discharges located greater than 24 hours travel time to Class I waters shall not be considered as indirect potable reuse. Discharges located greater than 24 hours travel time to Class I waters are not subject to regulation under Chapter 62- 610, F.A.C. (4) Discharge to other surface waters which are directly connected to Class F-I, G-I, or G-II ground waters. (a) Discharge of reclaimed water or effluent to surface waters which are directly connected to Class F-I, G-I, or G-II ground water is allowed. (b) An example of a surface water directly connected to ground water is a canal in Southeast Florida which is an extension of the Biscayne Aquifer. (c) A wetlands or other surface water which may recharge an underlying aquifer through percolation downward through unconsolidated material shall not be considered as being directly connected to ground water for purposes of this paragraph. Discharges to wetlands are subject to the requirements of Chapter 62-611, F.A.C. Discharges to other surface waters are subject to the requirements of Chapter 62-650, F.A.C. Discharge to a wetlands or other surface water which recharges ground water through vertical percolation also are subject to regulation under the ground water rules in Chapters 62-520 and 62-522, F.A.C. These surface water discharges are not subject to regulation under Chapter 62-610, F.A.C. (d) Discharge to a surface water which is directly connected to ground water shall be considered as a ground water recharge system if the applicant provides an affirmative demonstration of the following in the engineering report: 1. The existence of a direct connection between the surface water and ground water, 2. Discharge of reclaimed water to the surface water will serve to recharge the ground water, and 3. The existence of a need to replenish the ground water supply in the area. (e) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. (f) Discharges to surface waters shall meet reclaimed water or effluent limits established by procedures contained in Chapter 62- 650, F.A.C. Discharge limits shall be established to ensure that ground water quality criteria established in Chapter 62-520, F.A.C., will be met at the point or points where the surface water enters the ground water system. These surface water discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99. 62-610.556 Land Application. It is recognized that land application projects can and do recharge ground water and can be used to augment ground waters used for potable purposes. Land application systems are regulated by Parts II, III, IV, and VI of Chapter 62-610, F.A.C. As a result, land application projects are not subject to regulation under Part V of Chapter 62-610, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96. 62-610.560 Ground Water Recharge by Injection. (1) Injection of reclaimed water into Class F-I, G-I, or G-II ground water shall be considered as ground water recharge. (2) Reclaimed water injected into Class G-II ground water containing 3000 mg/L or less of total dissolved solids or into Class G-I or F-I ground water shall meet the full treatment and disinfection requirements contained in subsection 62-610.563(3), F.A.C. (3) Reclaimed water may be injected into Class G-II ground water containing greater than 3000 mg/L of total dissolved solids, if the following conditions are met: (a) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. (b) The reclaimed water shall meet the primary drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C., before injection. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. Zones of discharge shall be provided for parameters listed as primary drinking water standards (except for sodium). (c) The reclaimed water does not have to comply with the secondary drinking water standards before injection. A zone of discharge, as described in Rule 62-522.410, F.A.C., shall be provided for the parameters included in the secondary drinking water standards and for sodium. The ground water shall meet all ground water quality standards at the edge of the zone of discharge. If the natural background ground water quality does not meet the ground water quality standards, the injection system shall be operated such that the ground water quality will be no worse than the natural background ground water quality at the edge of the zone of discharge. (d) The zone of discharge shall not extend into zones having TDS concentrations less than 3000 mg/L (based on the initial TDS characterization in the engineering report). (4) All injection projects shall comply with the technical and permitting requirements in Chapter 62-528, F.A.C., and shall obtain an underground injection control construction and operation permit, as appropriate, in addition to any permits required under Chapters 62-610 and 62-620, F.A.C. (5) The Department shall approve less restrictive discharge limitations for parameters which are included as drinking water standards in either of the following circumstances: (a) An aquifer exemption has been granted, as provided in subsection 62-528.300(3), F.A.C. (b) A parameter exemption has been granted, as described in Rule 62-520.500, F.A.C. (6) If the Department establishes alternative discharge limitations in accordance with subsection 62-610.560(5), F.A.C., the alternative limit shall be applied as a single sample maximum. Rulemaking Authority 403.051, 403.061, 403.087, 403.859 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.560, Amended 1-9-96, 8-8-99. 62-610.562 Salinity Barrier Systems. (1) Reclaimed water may be used in compliance with this rule to create fresh water barriers to impede landward or upward migration of salt water into Class F-I, G-I, or G-II ground waters. (2) If rapid-rate land application systems are used to create such barriers, the requirements in Part IV of Chapter 62-610, F.A.C., shall apply. Rapid-rate land application systems are not subject to regulation under Part V of Chapter 62-610, F.A.C. (3) Except as provided in subsection 62-610.562(4), F.A.C., if injection systems are used, the requirements of Rule 62-610.560, F.A.C., shall apply. (4) Salinity barrier systems involving injection to Class G-II ground water containing 1000 to 3000 mg/L of total dissolved solids. Treatment requirements specified in subsection 62-610.560(3), F.A.C., shall apply to this case, if all of the following conditions are met: (a) In the engineering report, the applicant provides an affirmative demonstration that the receiving ground water within 1000 feet of the salinity barrier injection well is not currently used as a source of public water supply and that the receiving ground water within this area is not reasonably expected to be used for public water supply in the future. (b) In the engineering report, the applicant provides an affirmative demonstration of the need to control the landward or upward migration of salt water and the ability of the proposed project to retard the landward or upward migration of salt water. (c) A setback distance of 1000 feet shall be maintained from the injection well to potable water supply wells. (d) The injection system shall be designed and operated to preclude movement of the injected reclaimed water to potable water supply wells with subsequent withdrawal of reclaimed water at the potable water supply wells. (e) The zone of discharge shall not extend into zones having TDS concentrations less than 1000 mg/L (based on the initial TDS characterization in the engineering report). (5) The Department shall approve less restrictive discharge limitations for parameters which are included as drinking water standards in either of the following circumstances: (a) An aquifer exemption has been granted, as provided in subsection 62-528.300(3), F.A.C. (b) A parameter exemption has been granted, as described in Rule 62-520.500, F.A.C. (6) If the Department establishes alternative discharge limitations in accordance with subsection 62-610.560(5), F.A.C., the alternative limit shall be applied as a single sample maximum. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96, Amended 8-8-99. 62-610.563 Waste Treatment and Disinfection. (1) Rule 62-610.563, F.A.C., defines two levels of treatment and disinfection: “principal treatment and disinfection,” and “full treatment and disinfection.” These two levels of treatment and disinfection, or specific components of these levels of treatment and disinfection, shall be applied to ground water recharge and indirect potable reuse projects as required by other rules within Part V. (2) Principal treatment and disinfection requirements. (a) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high- level disinfection. The reclaimed water shall not contain more than 5.0 mg/L of total suspended solids before application of the disinfectant. (b) Filtration shall be provided for total suspended solids control. Chemical feed facilities for coagulants, coagulant aids, or polyelectrolytes shall be provided and maintained. Such chemical feed facilities may be idle if the reclaimed water limitations are being achieved without chemical addition. Filtration is an important component of the wastewater treatment facility. By removing TSS before disinfection, filtration serves to increase the ability of the disinfection process to inactivate virus and other pathogens. Filtration also serves as the primary barrier for removal of protozoan pathogens (Cryptosporidium, Giardia, and others). Addition of chemical coagulants generally increases the effectiveness of pathogen removal. (c) Total nitrogen shall be limited to 10 mg/L as nitrogen as a maximum annual average limitation. Monthly average and single sample permit limitations shall be established using the multipliers in subparagraph 62-600.740(1)(b)2., F.A.C. For surface water discharges, WQBELs established under Chapter 62-650, F.A.C., may place additional limitations on nitrogen or other parameters. (3) Full treatment and disinfection requirements. (a) The principal treatment and disinfection requirements described in subsection 62-610.563(2), F.A.C., shall apply, unless they are less stringent than the requirements for full treatment and disinfection. (b) Drinking water standards. 1. Wastewater treatment facilities shall be designed and operated to meet the primary and secondary drinking water standards established in Rules 62-550.310 and 62-550.320, F.A.C. a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standard for asbestos shall not apply. The primary drinking water standards for bacteriological parameters shall be applied as the disinfection standard as described in subsection 62-550.310(3), F.A.C., except that public notification requirements shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers established in subparagraph 62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits for sodium. b. Except for pH, the parameters listed as secondary drinking water standards shall be applied as maximum annual average permit limits. The multipliers established in subparagraph 62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits. c. All pH observations in the reclaimed water shall fall within the pH range established in the secondary drinking water standards. (c) Additional reductions of pollutants which otherwise would be discharged in quantities which would reasonably be anticipated to pose risk to public health because of acute or chronic toxicity shall be required. (d) Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L. (e) Total organic halogen (TOX) shall not exceed 0.2 mg/L as the monthly average limitation. No single sample shall exceed 0.3 mg/L. (f) The treatment processes shall include processes which serve as multiple barriers for control of organic compounds and pathogens. (4) Treatment and disinfection requirements imposed by Rule 62-610.563, F.A.C., are additive to other effluent or reclaimed water limitations imposed by other rules (such as WQBEL limits designed to protect surface water quality, which are imposed b y Chapter 62-650, F.A.C.). (5) All ground water recharge and indirect potable reuse projects regulated by Part V shall implement pretreatment programs i n accordance with Rule 62-610.330, F.A.C. (6) For injection projects requiring full treatment and disinfection, the Department shall approve alternative TOC and TOX limitations or shall approve inclusion of treatment technologies provided at the point of ground water withdrawal as part of the multiple barriers required by paragraph 62-610.563(3)(f), F.A.C., if the applicant provides an affirmative demonstration of all of the following in the engineering report: (a) All withdrawals of ground water for potable purposes within one mile of the injection well are owned and operated by the applicant. (b) Other parties are legally prohibited from installing or operating potable water supply wells within one mile of the injection well. (c) Treatment provided on water supply wells within one mile of the injection well includes reverse osmosis or other processe s that will serve as barriers for control of organic compounds or pathogens. (d) The integrated treatment and disinfection system (wastewater treatment facilities and water treatment facilities) provides a level of public health protection equivalent to the full treatment and disinfection requirements in subsection 62-610.563(3), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.563, Amended 1-9-96, 8-8-99. 62-610.564 Pilot Testing Program. (1) Pilot testing is required for all projects that are required to provide full treatment and disinfection, as described in subsection 62-610.563(3), F.A.C. (2) The pilot testing program shall be designed to demonstrate the ability of the selected treatment processes to meet the requirements of Part V of Chapter 62-610, F.A.C., and to generate a supply of reclaimed water that can be used to evaluate the suitability of the reclaimed water for ground water recharge or indirect potable reuse. Pilot testing shall be done using wastewater/ reclaimed water. (3) The pilot testing program shall accumulate 12 months of data. (4) The pilot testing program shall include the following: (a) An affirmative demonstration that the treatment and disinfection processes proposed for inclusion in the wastewater treatment facility are capable of meeting the full treatment and disinfection requirements contained in subsection 62-610.563(3), F.A.C., and that the reclaimed water will be of sufficient quality to protect public health and environmental quality. (b) An evaluation of Enterovirus, Cryptosporidium, Giardia, and helminths in order to demonstrate that the wastewater treatment facilities are capable of producing a reclaimed water that is pathogen free (concentrations of pathogens are less than detection). (c) Results of a biological testing procedure approved by the Department to determine the mutagenicity of the reclaimed water. (d) Reclaimed water quality shall be compared to other sources of drinking water currently used in the area. The reclaimed water shall be of a quality that is the same or better than other sources of drinking water currently used in the area. (5) The Department shall approve reductions in the duration or scope of the pilot testing program if all of the following conditions are met: (a) The applicant provides a detailed plan of study for the Department’s review before initiating the pilot testing program. (b) The detailed plan of study provides an affirmative demonstration that a shorter duration study or reduced scope of study will be sufficient to demonstrate the ability of the proposed treatment processes to meet the reclaimed water limitations and to demonstrate the public health and environmental safety of the reclaimed water to be produced. Results of previous pilot testing programs and operating experience at similar water reclamation and reuse projects may be used as part of the demonstration. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.564, Amended 1-9-96, 8-8-99. 62-610.567 Reliability and Operator Staffing. (1) A minimum of Class I reliability, as described in paragraph 62-610.300(1)(c), F.A.C., shall be provided at all domestic wastewater treatment facilities providing reclaimed water for ground water recharge and indirect potable reuse systems, which are regulated by Part V of Chapter 62-610, F.A.C. (a) The Department shall approve alternative levels of treatment facility reliability if the applicant provides reasonable assurances in the engineering report that the facility will provide a level of reliability equivalent to Class I reliability. Class I reliability shall not be required if a permitted alternate treatment or discharge system exists which has sufficient capacity to handle any reclaimed water flows which do not meet the performance criteria established for the reuse system. (b) Deviations in the Class I reliability requirements, as described in paragraph 62-610.567(1)(a), F.A.C., shall not be allowed for water reclamation facilities for which full treatment and disinfection are required. (2) The engineering and instrumentation design for the wastewater treatment facilities that are required to meet full treatment and disinfection shall include fail safe “lock-out” capabilities which will ensure that operational problems jeopardizing the quality of the reclaimed water will result in immediate shut-down or diversion of potentially unacceptable quality water. The operating protocol shall require positive operator verification that the problem has been corrected before reclaimed water will be allowed to be sent to system storage or to the reuse system. The following parameters shall be subject to the fail safe “lock-out” provisions: (a) Turbidity. (b) Chlorine residual (or other disinfectant dose or residual). (c) Failure of the chlorination (or other disinfection) system to deliver the disinfectant. (d) Failure to meet the chlorine contact time requirements. (e) Failure to feed coagulant, while the chemical feed system is activated. (3) Except as provided in subsection 62-610.567(4), F.A.C., domestic wastewater treatment facilities which are not required to provide full treatment and disinfection shall be staffed by a Class C or higher operator 24 hours per day, 7 days per week. The lead/ chief operator shall be at minimum Class B, or higher if required by Chapter 62-699, F.A.C. (4) The minimum staffing requirement at the wastewater treatment facility shall be reduced to staffing by a Class C or higher operator 6 hours per day, 7 days per week, unless Chapter 62-699, F.A.C., requires additional operator presence or a higher level of operator. The lead/chief operator shall be at minimum Class C, or higher if required by Chapter 62-699, F.A.C. This minimum staffing requirement shall be allowed only in conjunction with at least one of the following: (a) Diversion of acceptable quality reclaimed water to the reuse system only during periods of operator presence. (b) Other provisions for increased reliability. (5) Domestic wastewater treatment facilities which are required to provide full treatment and disinfection shall be staffed by a Class C or higher operator 24 hours per day, 7 days per week. The lead/chief operator shall be at minimum Class A. No reductions in this operator staffing requirement shall be allowed. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.567, Amended 1-9-96, 8-8-99. 62-610.568 Monitoring and Operating Protocol. (1) Only acceptable quality reclaimed water shall be discharged to reuse systems regulated under Part V of Chapter 62-610, F.A.C. (2) Reclaimed water limitations shall be met before injection to ground water or discharge to surface waters. For projects requiring high-level disinfection, the total suspended solids limitation shall be achieved before disinfection, regardless of the actual reclaimed water compliance monitoring location. (3) The treatment facility shall include continuous on-line monitoring for turbidity before application of the disinfectant. Continuous monitoring for chlorine residual or for residual concentrations of other disinfectants, if used, shall be provided at the compliance monitoring point. Instruments for continuous on-line monitoring shall be equipped with an automated data logging or recording device. Continuous on-line monitoring instruments shall be calibrated according to the requirements of Chapters 62-160 and 62-601, F.A.C. Continuous on-line monitoring instruments shall be maintained according to the manufacturer’s operation and maintenance instructions. (4) Treatment facilities designed to meet the full treatment and disinfection requirements shall have the reclaimed water sampled and analyzed for TOC and TOX daily, seven days per week. (5) Treatment facilities that are required to meet the drinking water standards shall sample the reclaimed water for parameters regulated as drinking water standards as follows: (a) If the treatment facility is required to meet the bacteriological requirements of the drinking water standards, total coliforms and total suspended solids shall be analyzed daily. (b) Parameters listed as primary drinking water standards that are imposed as reclaimed water limits shall be analyzed monthly. After the first year, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below quarterly. (c) Parameters listed as secondary drinking water standards that are imposed as reclaimed water limits shall be analyzed quarterly. After the first year, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below annually. The pH of the reclaimed water shall be analyzed daily. (d) Except for total coliforms and pH, twenty-four hour composite samples shall be used to analyze the reclaimed water for parameters listed as primary or secondary drinking water standards. (6) Other reclaimed water monitoring shall meet the requirements of Chapter 62-601, F.A.C. (7) In accordance with Rule 62-610.320, F.A.C., the permittee shall develop, and the Department shall approve, an operating protocol designed to ensure that the reclaimed water limitations will be met before the reclaimed water is released to the reuse system. For treatment facilities required to provide full treatment and disinfection, the operating protocol shall include monitoring and control of key treatment processes for removal of organic compounds required by subsection 62-610.563(3), F.A.C., and shall incorporate the fail safe “lock-out” provisions of subsection 62-610.567(2), F.A.C. In the engineering report, the applicant shall describe and justify the operational controls on the key treatment processes for removal of organic compounds. Reclaimed water produced at the treatment facility that fails to meet the criteria established in the operating protocol shall not be released to the system storage or reuse system. Such substandard reclaimed water (reject water) shall be either stored for subsequent additional treatment or shall be discharged to another permitted reuse system requiring lower levels of preapplication treatment or to a permitted effluent disposal system. The operating protocol shall be reviewed and updated by the permittee as required by Rule 62- 610.320, F.A.C. The permittee shall submit the current operating protocol to the Department for review with any application t o renew or modify the permit. (8) Ground water monitoring requirements shall be as specified in Rule 62-610.412, F.A.C. A ground water monitoring plan meeting the requirements of Chapters 62-522, 62-601, and 62-610, F.A.C., is required. Submittal and approval of ground water monitoring plans shall be in accordance with Rule 62-522.600, F.A.C. Department approval of the ground water monitoring plan is a prerequisite for issuance of the initial permit. (9) The surface water or ground water receiving the reclaimed water shall be sampled quarterly for the parameters for which primary or secondary drinking water standards have been established. After the first year of operation, the Department shall reduc e the sampling frequency if the applicant provides an affirmative demonstration that water quality standards will be met in the receiving surface water or ground water and that public health will be protected. For ground water recharge projects, reductions in monitoring shall be considered only after the injected reclaimed water reaches a monitoring well. The complete list of all re gulated parameters shall be sampled and analyzed for at least annually. (10) Except as noted in subsection 62-610.568(11), F.A.C., the permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met: (a) Sampling shall be conducted quarterly. Intervals between sampling shall not exceed three months. (b) Samples shall be taken at a point immediately following the final treatment or disinfection process within the treatment facility. (c) Sampling for Cryptosporidium and Giardia shall be required only for the following types of projects: 1. Discharge to Class I surface waters, as described in Rule 62-610.554, F.A.C. 2. Discharge to waters contiguous to or tributary to Class I surface waters, as described in subsection 62-610.555(1), F.A.C. 3. Injection projects used for ground water recharge or salinity barrier control, as described in Rule 62-610.560 or 62-610.562, F.A.C. 4. Discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C. (11) For projects involving discharge to waters upstream of Class I surface waters, as described in subsection 62-610.555(2), F.A.C., the permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met: (a) Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not exceed two years. (b) Samples shall be taken at a point immediately following the disinfection process. Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.568, Amended 1-9-96, 8-8-99, 11-19-07. 62-610.571 Setback Distances. (1) Setback distances for injection facilities shall be established in accordance with Rule 62-610.521, F.A.C. (2) Outfalls for surface water discharges shall not be located within 500 feet of existing or approved (but not yet constructed) potable water intakes within Class I surface waters. (3) Where zones of discharge are allowed by this part and by Rule 62-522.410, F.A.C., the zone of discharge shall not extend closer than 500 feet to a potable water supply well. (4) A 1000-foot setback distance from the injection well to potable water supply wells shall be required for injection wells used for salinity barrier control, which are subject to the requirements of subsection 62-610.562(4), F.A.C. (5) For potable water supply wells that are not potable water wells, as described in Rule 62-521.200, F.A.C., the Department shall approve smaller setback distances than those required by subsections 62-610.571(3) and (4), F.A.C., if the applicant provides an affirmative demonstration in the engineering report that confinement exists between the injection zone and the potable water supply well such that the injection will not adversely affect the quantity or quality of water withdrawn from the potable wat er supply well. (6) Unless specifically stated otherwise, all setback distances shall be measured horizontally. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.571, Amended 1-9-96, 8-8-99. 62-610.573 Storage Requirements. (1) System storage is not required. The engineering report shall include an evaluation of the possible need for system storag e. (2) If system storage is provided, the requirements for system storage ponds shall be as contained in Rule 62-610.464, F.A.C. (3) A separate, off-line system shall be provided for storage of reject water. Reject water storage shall have sufficient capacity to ensure retention of reclaimed water of unacceptable quality. At a minimum, for treatment facilities required to provide full treatment and disinfection, this capacity shall be the volume equal to three days flow at the average daily permitted flow of the treatment plant, or the average daily permitted flow of the reuse system, whichever is less. If full treatment and disinfection is not required, the capacity requirement shall be reduced to one day’s flow. Provisions for recirculating this reject water to other parts of the treatment plant for further treatment shall be incorporated into the design. Reject storage shall not be required if another permitted reuse system or effluent disposal system is capable of discharging the reject water in accordance with the requirements of Chapter 62-620, F.A.C. Reject storage ponds shall be lined or sealed to prevent measurable seepage, as described in Rule 62- 610.414, F.A.C. (4) The engineering report shall document the provisions for discharge of unacceptable quality reclaimed water in the event the capacity of the reject storage system is exceeded. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.573, Amended 1-9-96, 8-8-99. 62-610.574 Access Control, Advisory Signs, and Public Notification. (1) Access control for storage ponds shall be as described in Rule 62-610.518, F.A.C. (2) Chapter 62-620, F.A.C., requires public notification and provides opportunities for a public meeting for projects involving surface water discharges. Chapter 62-528, F.A.C., requires public notification and provides opportunities for a public meeting for projects involving underground injection. These public notification and public meeting requirements contained in Chapters 62-528 and 62-620, F.A.C., shall apply to injection and surface water discharge projects, respectively, regulated under Part V of Chapter 62- 610, F.A.C. (3) Permittees developing ground water recharge or indirect potable reuse projects that will be regulated under Part V of Chapter 62-610, F.A.C., shall implement public education and public participation programs during the planning stages of the reuse program. The public education and public participation programs shall be described in detail in the engineering report. (4) Applicants shall provide written notice to affected public water supply utilities within the area to be affected by the proposed project. For projects involving discharges to Class I waters, affected utilities shall include public water supply utilities drawing source water from the Class I water. For aquifer storage and recovery projects and injection projects regulated by Rules 62-610.466, 62-610.560, or 62-610.562, F.A.C., affected utilities shall include public water supply utilities withdrawing ground water for public water supply within two miles of the proposed injection well, or within the area of review established in accordance with Rule 62- 528.300(4), F.A.C., whichever is larger. For projects involving discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C., affected utilities shall include public water supply utilities withdrawing ground water for public water supply within two miles of the point of discharge and within two miles of the point or points where the surface water enters the ground water. Written notice also shall be provided to the appropriate county health department. These written notifications shall be accomplished before the submittal of the initial permit application. Documentation of this notification procedure shall be included in the engineering report. These notices to affected utilities and to the county health department are required for the following types of projects: (a) Discharge to Class I surface waters, as described in Rule 62-610.554, F.A.C. (b) Discharge to waters contiguous to or tributary to Class I surface waters, as described in subsection 62-610.555(1), F.A.C. (c) Injection projects used for ground water recharge or salinity barrier control, as described in Rule 62-610.560 or 62-610.562, F.A.C. (d) Discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.574, Amended 1-9-96, 8-8-99. 62-610.575 Hydraulic Loading Rates. (1) The permittee shall provide reasonable assurances that the hydraulic loading rates used in the design will enable the system to comply with the requirements of this part while meeting applicable surface water and ground water quality standards. (2) A ground water mounding analysis shall be included in the engineering report for projects involving discharges to ground water. The permittee shall provide reasonable assurances that the proposed project will function as intended and will not result in excessive mounding of ground waters, increases in surface water elevations, property damage, or interference with reasonable use of property within the affected area. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.575, Amended 1-9-96. 62-610.600 Description of System. This method of land application involves treatment of domestic wastewater to meet effluent limitations for discharge to surface waters. Wastewater is applied by sprinkling or flooding upper reaches of terraced, sloped, vegetated surfaces, such as sod farms, forests, fodder crops, pasture lands, and similar areas. A runoff conveyance system is provided at the ends of the sloped surfaces. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.600. 62-610.610 Waste Treatment and Disinfection. (1) Approval of projects involving preapplication treatment below secondary treatment and basic disinfection levels shall be given provided the physical site conditions in Rule 62-610.625, F.A.C., are met. Proposed preapplication treatment levels shall provide reasonable assurance that long-term performance of the land treatment system shall, at a minimum, result in an effluent meeting the secondary treatment and basic disinfection levels before release of effluent to the environment by final surface water discharge from land treatment sites. The pollutant content of the final effluent may be more stringently limited by effluent limitations required in Chapters 62-600 and 62-650, F.A.C., as required to satisfy water quality requirements. (2) Preapplication treatment processes shall produce an effluent prior to discharge to holding ponds or to the application/ distribution system containing not more than 40-60 mg/L of CBOD5 and 40-60 mg/L of TSS, and meeting the low-level disinfection criteria of 2400 fecal coliforms per 100 mL. Additional treatment may also be required as a result of the hydraulic loading rate, and surface runoff control provisions contained below. Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.610, Amended 1-9-96. 62-610.613 Monitoring of Effluent and Ground Water. (1) Preapplication waste treatment limitations shall be met after disinfection and before discharge to holding ponds or to th e overland flow system. (2) Final effluent monitoring shall be accomplished after the overland flow system and any additional treatment or disinfection and before release to the environment. (3) Ground water monitoring requirements, if any, shall be established pursuant to Rule 62-610.412, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.613, Amended 1-9-96. 62-610.614 Storage Requirements. (1) System storage ponds shall have sufficient storage capacity to assure the retention of the preapplication wastewaters under adverse climatic conditions, harvesting conditions, maintenance of irrigation equipment, or other conditions which preclude land application. At a minimum, this capacity shall be the volume equal to 1.5 days flow at the annual average daily design flow of the treatment plant or the average daily permitted flow of the disposal system, whichever is less. (2) Additional storage capacity (beyond the minimum requirement) shall be provided based on the need for flow equalization to maintain design hydraulic loading rates or to comply with mass discharge effluent limitations and shall be described in the engineering report and is subject to Department approval. (3) Analytical means (water balance calculations or computer hydrological programs) of determining system storage required for overland flow land application systems shall be utilized. Such methods shall be described and justified in the engineering report. (4) Requirements for system storage holding ponds shall be as contained in Rule 62-610.414, F.A.C. Where a continuous aquitard is present at the overland flow site, the aquitard may be used to provide assurance of compliance with the liner or seal requirements of Rule 62-610.414, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.614, Amended 1-9-96. 62-610.617 Surface Runoff Control. Requirements for control of runoff entering the land application site shall be as contained in Rule 62-610.417, F.A.C. All discharges from the application site shall result in maintenance of water quality standards. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.617. 62-610.618 Access Control and Advisory Signs. Requirements shall be as contained in subsection 62-610.418(1), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.618, Amended 1-9-96. 62-610.621 Setback Distances. (1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface water s and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, lighting, aerosol drift, and odors. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges. (2) Overland flow land application systems shall maintain a distance of 100 feet from the edge of the wetted area of the land application area to buildings that are not part of the treatment facilities, utilities system, or municipal operations; or to the site property line, and to potable water supply wells, which are not potable water wells, as described in Rule 62-521.200, F.A.C., that are existing or have been approved by the Department or by the Department of Health (but not yet constructed). (3) A setback distance of 500 feet shall be provided from the edge of the wetted area to Class I surface waters; or Class II surface waters, or to potable water wells, as described in Rule 62-521.200, F.A.C., that are existing or have been approved by the Department or by the Department of Health (but not yet constructed). Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified). (4) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells. (5) Setback distances to potable water supply wells shall be applied only for new or expanded overland flow systems. Setback distances shall not be applied when considering a permit renewal. (6) Unless specifically stated otherwise, all setback distances shall be measured horizontally. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.621, Amended 1-9-96, 8-8-99. 62-610.625 Design and Operation Requirements. (1) Due to the objective of overland flow systems, the design will provide for runoff of applied effluents, and limited infiltration. Most suited to this type of system are areas with soils of relatively low infiltration and vertical hydraulic conductivity with an acquitard in the soil profile. (2) A continuous acquitard (natural or artificial) shall be present in the unconsolidated medium under the proposed land application site such that effluent percolating through the soil system above the acquitard is under operational control (for further treatment if necessary). Operational control exists when the percolate flows to the surface drainage system (as opposed to vertical leakage through the aquitard or lateral movement beyond the influence of the drain system). (a) The confining zone shall be present at relatively shallow depths; shall have a representative hydraulic conductivity no greater than 10% of the average hydraulic conductivity of the unconsolidated medium overlying the acquitard; and shall be of such permeability and thickness to provide reasonable assurance that downward percolation of waters will be minimized. (b) The permittee shall establish the number of soil samples required to determine representative hydraulic conductivity values and to affirmatively demonstrate that a natural acquitard is continuous at a particular site. Samples shall be distributed throughout the project site. An estimate of sample size required shall be determined through statistical techniques which, based on the size and variance of an initial number of partially-distributed samples, predict the minimum number of samples required to assure that the population and sample means are within a 95 percent confidence interval. (c) Other methods (e.g., geophysical techniques) to establish the extent and continuity of a natural acquitard shall be approved by the Department upon justification by the permittee. (3) Design land surface slopes, slope lengths, and detention times required for the system will be governed by preapplication treatment levels and by final effluent limitations required as a result of receiving water conditions. Land surface slopes of 2-8 percent shall be applicable, with slope lengths of 100-300 feet involved. (4) A maximum annual average hydraulic loading rate of seven inches (or 4.4 GAL/FT2) per week as applied to the entire area receiving overland flow is required. Rates higher than seven inches per week shall be accepted where rates are substantiated in the engineering report on the basis of the renovative ability of the system or other considerations and demonstration that Department rules will be met. Application cycles of wetting and drying the system shall be developed so as to maintain the presence and activity of microorganisms on the soil surface and shall be described in the engineering report. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.625, Amended 1-9-96. 62-610.650 Description of System. (1) This type of reuse system involves the use of reclaimed water from domestic wastewater sources for cooling water, wash water, or process water at industrial facilities. (2) Use of treated industrial wastewaters for land application, recycling within the industrial facility, or other reuse or disposal methods is not governed by Chapter 62-610, F.A.C. Reuse or disposal of industrial wastewaters is regulated by the Department's industrial wastewater rules. (3) The reclaimed water flowing out of the industrial process shall be considered as an industrial wastewater and shall be subject to regulation under Chapters 62-4, 62-302, 62-520, 62-521, 62-522, 62-620, 62-621, 62-650, 62-660, 62-670, 62-671, 62-672, and 62-673, F.A.C., except as provided in Rule 62-610.668, F.A.C. (4) Food Processing. Reclaimed water shall not be used in the manufacture or processing of food or beverage for human consumption where the reclaimed water will be incorporated into or come in contact with the food or beverage product. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.650, Amended 1-9-96. 62-610.652 Waste Treatment, Disinfection, and Monitoring. (1) Preapplication waste treatment shall result in a reclaimed water that meets secondary treatment and basic disinfection. I f required by subsection 62-610.652(5), F.A.C., additional treatment and disinfection shall be provided. (2) Individual industrial activities or users may have water quality needs which may necessitate treatment beyond the minimum requirements established in this part. The Department shall not regulate these additional treatment and disinfection requirements. These additional treatment and disinfection requirements shall be subject to negotiation between the industry and the supplier of the reclaimed water. (3) Except as provided in paragraph 62-610.668(2)(d), F.A.C., domestic wastewater treatment or disinfection provided at the industrial facility before reuse of the reclaimed water at the industrial facility shall be subject to domestic wastewater permitting if the treatment or disinfection at the industrial site is needed to meet the minimum treatment and disinfection requirements imposed by this part of Chapter 62-610, F.A.C. (4) If additional treatment or disinfection is provided at the industrial facility before reuse of the reclaimed water at the industrial facility, and the additional treatment or disinfection is provided only to meet water quality needs of the industry which are more stringent than the minimum requirements imposed by this part, domestic wastewater permitting shall not be needed for the additional treatment or disinfection facilities located at the industrial facility. (5) All requirements of Part III of Chapter 62-610, F.A.C., including minimum system size requirements, shall be met if reclaimed water will be used in open cooling tower applications, except as provided in paragraphs 62-610.668(2)(c) or (d), F.A.C. (6) Monitoring. (a) Waste treatment limitations shall be met after disinfection and before discharge to system storage or the reuse system. (b) If high-level disinfection is provided, the total suspended solids limitation shall be met after filtration and before application of the disinfectant. (c) For facilities that provide reclaimed water for use in open cooling towers, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met: 1. Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not exceed two years. This sampling frequency is independent of the treatment plant’s capacity. 2. Samples shall be taken from at a point immediately following the disinfection process. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96, Amended 8-8-99. 62-610.656 Storage Requirements. (1) System storage ponds shall not be required. (2) If system storage facilities are provided at the domestic wastewater treatment facility, the following requirements apply: (a) Except as provided in paragraph (b) below, requirements for design and operation of system storage facilities shall be as contained in Rule 62-610.414, F.A.C. (b) If all requirements of Part III of Chapter 62-610, F.A.C., are met, requirements for design and operation of system storage facilities shall be as contained in Rule 62-610.464, F.A.C. (3) If system storage facilities are provided at the industrial facility, these storage facilities are subject to regulation under the facility’s industrial wastewater permit. These system storage facilities located at the industrial facility will not be regulated under Chapter 62-610, F.A.C. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96, Amended 8-8-99. 62-610.658 Access Control and Advisory Signs. (1) For all systems, advisory signs shall be posted around the portions of the industrial site in which reclaimed water is used and at the main entrances to the industrial site to notify employees at the industrial site and the public of the nature of the reclaimed water use. (2) Access control beyond what is normally provided by the industry is not required. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96. 62-610.660 Cross-Connection Control and Protection of the Reclaimed Water Supply. (1) No cross-connections to potable water systems shall be allowed (2) For all systems, there shall be readily identifiable “non-potable” or “do not drink” notices, marking, or coding on application/distribution facilities and appurtenances. (3) Protection of Reclaimed Water Supply. (a) The return of reclaimed water to the reclaimed water distribution system after the reclaimed water has been delivered to an industrial facility is prohibited. This prohibition shall not apply to industrial sites which were using reclaimed water before January 1, 1996, or which were identified as future users of reclaimed water in a complete permit application received by the Department before January 1, 1996. (b) The permittee shall conduct an evaluation of the potential for cross-connections and backflow to the reclaimed water distribution system. This analysis shall include an evaluation of the types of substances present at the industrial site which could potentially backflow into the reclaimed water system and the risk associated with possible backflow. The applicant shall evaluate the need for backflow prevention devices on the reclaimed water connection to the industrial facility. This analysis shall be included in the engineering report. A backflow prevention device shall be provided on the reclaimed water service connection to the industrial site, unless the evaluation in the engineering report provides reasonable assurances that there is minimal risk of cross-connection or backflow with contamination of the reclaimed water supply. This requirement for backflow prevention devices shall not apply t o industrial sites which were using reclaimed water before January 1, 1996 or which were identified as future users of reclaimed water in a complete permit application received by the Department before January 1, 1996. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.660, Amended 1-9-96. 62-610.662 Setback Distances. (1) Except as provided in subsections 62-610.662(2), (3), or (4), F.A.C., setback distances from the industrial process or activity to the site property line are not required. (2) If reclaimed water which meets the requirements of Part II of Chapter 62-610, F.A.C., is used to irrigate landscaped areas on the industrial site, the setback distance requirements in Rule 62-610.421, F.A.C., shall apply. (3) If reclaimed water which meets the requirements of Part III of Chapter 62-610, F.A.C., is used to irrigate landscaped areas on the industrial site, the setback distance requirements in Rule 62-610.471, F.A.C., shall apply. (4) A 300-foot setback distance shall be provided from an open cooling tower that receives reclaimed water to the site property line. If the full requirements of Part III of Chapter 62-610, F.A.C., or of paragraph 62-610.668(2)(d), F.A.C., are met, no setback distance from the cooling tower to the site property line shall be required. (5) Unless specifically stated otherwise, all setback distances shall be measured horizontally. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96, Amended 8-8-99. 62-610.668 Cooling Water Applications. (1) Once-through cooling. (a) Reclaimed water may be used for once-through cooling. (b) Setback distances shall be as established in Rule 62-610.662, F.A.C. (c) Reclaimed water, upon flowing out of the once-through, non-contact, cooling system, that is returned to the domestic wastewater facilities for additional treatment or disposal or reuse, shall be defined to be a “domestic wastewater.” This definition is made solely for the purposes of classifying wastewater treatment, reuse, and effluent disposal facilities associated with the domestic wastewater facilities. This definition shall apply only if the sole change to the quality of the reclaimed water during the once- through, non-contact, cooling process is a temperature increase, and conditioning chemicals, other than chlorine and other chemicals accepted by the Department, have not been added to the reclaimed water. (d) Reclaimed water which has not been disinfected may be used for once-through cooling purposes at industrial facilities if the following conditions are met: 1. The reclaimed water has received at least secondary treatment as defined in subparagraph 62-600.420(1)(b)2., F.A.C. 2. The reclaimed water is conveyed and used in closed systems which are not open to the atmosphere. 3. The reclaimed water is returned to the domestic wastewater treatment facility. (e) Water used for once-through cooling under the provisions of paragraph 62-610.668(1)(d), F.A.C., shall be considered “reclaimed water” and the use of this water shall be considered “reuse.” (2) Open cooling towers. (a) Reclaimed water may be used in open cooling towers, if the requirements in paragraphs 62-610.668(2)(b), (c), or (d), F.A.C., are met. (b) All requirements of Part III of Chapter 62-610, F.A.C., including minimum system size requirements, shall be met. (c) As an alternative to the requirements in paragraph 62-610.668(2)(b), F.A.C., all of the following requirements shall apply: 1. Preapplication waste treatment shall result in a reclaimed water that meets secondary treatment and basic disinfection. 2. A 300-foot setback distance shall be provided from the cooling tower that receives reclaimed water to the site property line. 3. The cooling tower shall be designed and operated to minimize aerosol drift to areas beyond the site property line that are accessible to the public. 4. The cooling tower shall be designed, operated, and maintained utilizing best engineering practices to control biological growth. (d) As an alternative to the requirements in paragraph 62-610.668(2)(b), F.A.C., all of the following requirements shall be met in the facility’s industrial wastewater permit: 1. The high-level disinfection requirements of subsection 62-600.440(5), F.A.C. 2. The filtration requirements of subsection 62-610.460(3), F.A.C. 3. The continuous monitoring requirements of subsection 62-610.463(2), F.A.C. 4. In lieu of the operation, staffing, and reliability provisions in Rule 62-610.462, F.A.C., operation, maintenance, staffing and reliability requirements shall be addressed in the facility’s industrial wastewater permit in accordance with applicable industrial wastewater rules. 5. The cooling tower shall be designed, operated, and maintained utilizing best engineering practices to control biological growth. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99. 62-610.669 Use of Reclaimed Water at Wastewater Treatment Plants. (1) For purposes of this rule, a domestic wastewater treatment plant shall be considered a type of “industrial site.” Reclaimed water or partially treated wastewater used for various useful purposes at a domestic wastewater treatment plant shall retain its identity as a domestic reclaimed water or domestic wastewater. (2) Reclaimed water may be used to irrigate landscaped areas at the wastewater treatment plant. (a) If the reclaimed water has received secondary treatment and basic disinfection, the requirements of Part II of this chapter, including setback distance requirements, shall be met. Reclaimed water meeting the secondary treatment definition contained in subparagraph 62-600.420(1)(b)2., F.A.C., may be used for this irrigation. Storage shall not be required. (b) If the reclaimed water meets the treatment and disinfection requirements in Part III of this chapter, the irrigation shall be regulated under Part III. (3) Reclaimed water may be used for process, wash down, or other purposes at the wastewater treatment plant. (4) Reclaimed water may be used for toilet flushing or fire protection purposes at the wastewater treatment plant. (5) Uses of reclaimed water described in subsection 62-610.669(2) through (4), F.A.C., shall be considered as reuse. (6) Partially treated or undisinfected wastewater may be used for process water or other purposes at the wastewater treatment plant if the wastewater is collected after use and returned to the wastewater treatment plant for additional treatment or disinfection. Use of partially treated wastewater shall not be classified as reuse, unless the water has received a minimum of secondary treatment as defined in subparagraph 62-600.420(1)(b)2., F.A.C. Water that has received a minimum of secondary treatment as defined in subparagraph 62-600.420(1)(b)2., F.A.C. (with or without disinfection), which is used for a beneficial purpose under this paragraph shall be considered “reclaimed water” and the use shall be considered “reuse.” Partially treated wastewater which does not meet the minimum treatment and disinfection criteria established in Chapter 62-600 and 62-610, F.A.C., shall not be released to the environment. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 1-9-96. 62-610.670 Industrial Discharge Limitations. (1) Disposal or reuse of industrial wastewater resulting from the use of reclaimed water or other water sources in industrial processes shall be subject to Department regulation under the industrial wastewater program. Chapter 62-650, F.A.C., and Department rules governing industrial wastewater, as contained in Chapters 62-4, 62-302, 62-520, 62-521, 62-522, 62-620, 62-621, 62-650, 62-660, 62-670, 62-671, 62-672, and 62-673, F.A.C., shall apply. (2) Reclaimed water used for once-through cooling shall have effluent discharge limitations for surface water discharge established by Section 403.086(4), F.S., if all the following conditions are met: (a) The reclaimed water delivered to the industrial site meets the requirements contained in Section 403.086(4), F.S. (b) The discharge to surface water is located within the geographic area defined in Section 403.086(1)(c), F.S. (c) The only change to the quality of the reclaimed water during the once-through, non-contact, cooling process is a temperature increase. (d) Conditioning chemicals, other than chlorine and other chemicals accepted by the Department, have not been added. (e) Department rules governing thermal discharges in Rule 62-302.520 and paragraph 62-620.106(1)(f), F.A.C., will apply at the discharge point. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-4-89, Formerly 17-610.670, Amended 1-9-96. 62-610.800 Permitting Requirements. (1) Construction, modification, or operation of reuse or land application systems requires a permit from the Department in accordance with Chapter 62-620, F.A.C., and with this chapter. (2) The permittee shall comply with applicable design and performance criteria pursuant to this chapter and the permitting requirements contained in Chapter 62-620, F.A.C. (3) Reuse/land application permits shall be combined with the permit for the wastewater treatment plant. (4) A separate reuse/land application permit shall be issued only if the reuse/land application system receives reclaimed water or effluent from more than one domestic wastewater treatment facility. The reuse/land application permit shall cross-reference the appropriate wastewater treatment plant permits. (a) If requested by an applicant having responsibility for the reuse system and one or more of the domestic wastewater treatmen t facilities providing reclaimed water to the reuse system, the reuse/land application permit shall be combined with the permit for one of the treatment facilities. (b) Nothing in this section shall be construed to require an end user of reclaimed water to obtain a separate reuse/land application permit. (5) Implementation of Slow-Rate Land Application Projects in Public Access Areas, Residential Irrigation, and Edible Crop Irrigation. (a) The reuse/land application permit for a project regulated by Part III of Chapter 62-610, F.A.C., shall meet the requirements of Rules 62-620.310 and 62-620.630, F.A.C. (b) A general permit pursuant to Rule 62-610.890, F.A.C., is needed for the addition of a new major user that is not identified in the existing permit and is located within the area designated in an existing permit. This general permit shall only be used if the permittee does not request modification of the permitted capacity. (c) The permit shall identify the area expected to be serviced with reclaimed water during the next 10 years. The reclaimed water service area shall be updated in the permit with permit renewals. The permitted capacity shall be based on the anticipated highest annual demand for reclaimed water from within this service area during the five-year permit period. (6) Record drawings. (a) Record drawings are required for reuse and land application systems as discussed in Rule 62-620.630, F.A.C. (b) For projects permitted under Parts III or VII of Chapter 62-610, F.A.C., record drawings are not required for facilities located on individual sites using reclaimed water. It is recommended, but not required, that permittees and users of reclaimed water maintain record drawings or other detailed records of the locations of reclaimed water facilities located on these sites. (7) Placing a Facility in Operation. (a) The permittee shall obtain written approval from the Department before placing the initial part, portion, or phase of a reuse system permitted under Part III of Chapter 62-610, F.A.C., into operation. Written application shall be made using Form 62- 610.300(4)(a)3. Requirements for placing the reuse system into operation are contained in Rule 62-620.630, F.A.C. Approval shall be granted if the requirements in Rule 62-620.630, F.A.C., are met. (b) Requirements for placing reuse and land application systems permitted under Parts II, IV, V, VI, or VII of Chapter 62-610, F.A.C., into operation are contained in Rule 62-620.630, F.A.C. (8) Backup discharge permitting. There are several mechanisms for obtaining permits for surface water discharges which will serve as backup discharges for reuse systems. These include: (a) The normal procedures for obtaining a surface water discharge permit using the provisions of Chapter 62-650, F.A.C. Upon request, discharge limitations can be developed on a seasonal basis. (b) The limited wet weather discharge provisions in Rule 62-610.860, F.A.C. This mechanism has potential application for inland projects where the receiving water provides sufficient dilution. (c) Section 403.086(5), F.S., provides minimum treatment standards for all surface water discharges located within the geographic area specified in Section 403.086(1)(c), F.S. Advanced wastewater treatment is required. (d) The Florida APRICOT Act, contained in Section 403.086(7), F.S., allows backup discharges anywhere in the state, if the requirements in Section 403.086(7), F.S., are met. (9) Abnormal Events. (a) Abnormal events shall be regulated under the “bypass” and “upset” provisions in Rule 62-620.610, F.A.C. (b) Discharges permitted pursuant to Rule 62-610.860, F.A.C., as a limited wet weather discharge shall not be considered as abnormal events. (10) Water Management District Coordination. (a) Domestic wastewater permits issued by the Department shall be consistent with requirements for reuse included in applicable consumptive use permits issued by the water management district, if all of the following conditions are met: 1. The requirements for reuse in the consumptive use permit are consistent with Department rules in Chapter 62-610, F.A.C. 2. The domestic wastewater treatment facilities are located within, or serve a population located within, or discharge within a water resource caution area. 3. The domestic wastewater treatment facilities are owned, operated, or controlled by a local government or utility which has responsibility for water supply and wastewater management, and the consumptive use permit containing the requirements for reuse was issued to this local government or utility. (b) Applicants meeting the conditions in paragraph 62-610.800(10)(a), F.A.C., shall include copies of applicable consumptive use permits with their application for a domestic wastewater permit. (11) For aquifer storage and recovery projects regulated under Rule 62-610.466, F.A.C., and ground water recharge projects regulated under Part V of Chapter 62-610, F.A.C., which require characterization of the total dissolved solids (TDS) concentration of ground water contained in the aquifer receiving reclaimed water, this characterization shall be made at the time of the initial permit application. Normally, this TDS characterization will be based on best available information. If available information is not sufficient to classify a proposed project based on the TDS at the point of injection, an exploratory well program shall be conducted before submittal of the engineering report in order to make a definitive determination of TDS at the point of injection. For injection to G-II ground water, the TDS determination shall be made at the point of injection and will not consider TDS in contiguous ground waters. The TDS determination made at the time of the initial permit application shall remain unchanged, even if the injection of reclaimed water alters the TDS concentration over a period of time. (12) The permittee is responsible for ensuring that: (a) Reclaimed water delivered to users of reclaimed water is of acceptable quality for the intended uses at the point of delivery; and (b) Reclaimed water is used in a manner that is consistent with this chapter and with the permit, such that public health and environmental quality will be protected. (13) The Department encourages utilities implementing reuse projects to meter and charge for the use of reclaimed water as described in Section 403.064(16), F.S. (14) The Department encourages efficient and effective use of reclaimed water featuring relatively high potable quality water offset or recharge fractions as described in Table 5 in the publication entitled, Water Reuse for Florida: Strategies for Effective Use of Reclaimed Water. Rulemaking Authority 403.051, 403.061, 403.064, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.064, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.800, Amended 1-9-96, 8-8-99, 11-19-07. 62-610.810 Classification of Projects as “Reuse” or “Disposal”. (1) This section contains the criteria to be used by the Department in classifying projects or portions of projects as “reuse” or “effluent disposal.” (2) Reuse projects. The following shall be classified as “reuse:” (a) Slow-rate land application projects with restricted access permitted under Part II of Chapter 62-610, F.A.C. (b) Projects permitted under Part III of Chapter 62-610, F.A.C. (c) Rapid-rate land application systems permitted under Part IV of Chapter 62-610, F.A.C., shall be classified as “reuse” for ground water recharge. (d) Projects making reclaimed water from domestic wastewater sources available for industrial applications, as described in Part VII of Chapter 62-610, F.A.C. (e) Ground water recharge projects permitted under Part V of Chapter 62-610, F.A.C. (f) Indirect potable reuse projects permitted under Part V of Chapter 62-610, F.A.C. (g) Wetlands creation, restoration, and enhancement projects, if the applicant provides an affirmative demonstration that reclaimed water will be used to create, restore, or enhance wetlands. The wetlands creation, restoration, or enhancement aspects shall be described in detail and documented. (h) Other uses. 1. Other uses specifically addressed in Part III of Chapter 62-610, F.A.C., such as toilet flushing, fire protection, construction dust control, aesthetic purposes, and recreational uses, shall be classified as “reuse.” 2. Other uses not addressed elsewhere in Chapter 62-610, F.A.C., shall be classified as “reuse” if the applicant provides an affirmative demonstration that reclaimed water will be used for a beneficial purpose or the use of reclaimed water will eliminate the need for use of a potable water or a water that could be used as a source of potable water. (i) Projects previously identified as “reuse.” All projects or portions of projects included in the Department's 1992 reuse inventory shall be classified as “reuse.” (3) Effluent disposal projects. The following shall be classified as “effluent disposal:” (a) Projects which do not meet the criteria established in subsection 62-610.810(2), F.A.C. (b) Overland flow systems permitted under Part VI of Chapter 62-610, F.A.C., unless the final reclaimed water produced by the overland flow system is subsequently used for a beneficial purpose and meets the criteria in subsection 62-610.810(2), F.A.C. (c) On-site systems permitted by the Department of Health under Chapter 64E-6, F.A.C., including septic tanks. (d) Ground water disposal systems using Class I wells injecting into Class G-IV ground waters. (e) Continuously loaded rapid-rate land application systems or absorption fields, unless they meet the criteria for ground water recharge or indirect potable reuse systems established in subsection 62-610.810(2), F.A.C., or meet the requirements of Rule 62- 610.525, F.A.C. (f) Rapid-rate land application systems using perimeter drainage features or underdrains which collect and discharge more than 50 percent of the applied reclaimed water, as discussed in Rule 62-610.517, F.A.C. (4) Wetlands creation, restoration, or enhancement projects shall be reviewed with each permit renewal. The applicant for permit renewal shall submit with the application for permit renewal documentation that the project continues to function as designed and that the wetlands creation, restoration, or enhancement aspects remain applicable. If the documentation does not provide an affirmative demonstration that the wetlands creation, restoration, and enhancement attributes of the project continue, the Department shall reclassify the project as “effluent disposal” and shall require submittal of an antidegradation demonstration meeting the requirements of Rules 62-4.242 and 62-302.300, F.A.C. (5) All domestic wastewater permits issued by the Department shall include designation of each portion of the project as either “reuse” or “effluent disposal” and shall list the permitted capacity associated with each portion of the project and the total permitted capacity for the entire project. All permitted capacities shall include the time frame (e.g., annual average daily flow, maximum monthly average daily flow, three-month average daily flow), as required by subsection 62-600.400(3), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.810, Amended 1-9-96, 8-8-99. 62-610.820 Reuse Feasibility Studies. (1) Reuse feasibility studies are required by the following: (a) Section 403.064, F.S., for domestic wastewater facilities located within, serving a population within, or discharging within designated water resource caution areas. (b) The Indian River Lagoon system and Basin Act, contained in Chapter 90-262, Laws of Florida. (c) The antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C., for new or expanded surface water discharges. (d) By rules of the applicable water management district. (2) The applicant is encouraged to contact the appropriate district office of the Department of Environmental Protection before preparing a reuse feasibility study to discuss reuse in the area and to develop and agree upon the reuse alternatives to be evaluated in the reuse feasibility study. (3) Applicants meeting both of the following conditions are not required to submit reuse feasibility studies with permit applications for domestic wastewater facilities: (a) The only rule or statute that requires preparation of a reuse feasibility study is Section 403.064, F.S., and (b) One of the following conditions exists: 1. The domestic wastewater treatment facility has an existing or proposed permitted capacity, whichever is larger, less than 0.1 mgd, or 2. The permitted reuse capacity associated with the domestic wastewater treatment facility equals or exceeds the total existing or proposed permitted capacity, whichever is larger, of the domestic wastewater treatment facility. (4) Reuse feasibility studies required by one or more of the items listed in paragraphs 62-610.820(1)(a), (b), or (c), F.A.C., when being prepared by or on behalf of a local government or utility which has responsibility for domestic wastewater management, shall be prepared in accordance with paragraph 62-610.300(1)(l), F.A.C. (5) The Department shall approve deviations or modifications from the required format or content specified in paragraph 62- 610.300(1)(l), F.A.C., for a reuse feasibility study, if the alternative format or study content provides the same level of evaluation as specified in paragraph 62-610.300(1)(l), F.A.C. Some examples of areas of possible deviations or modifications include: alternatives to be evaluated; definitions of the levels of reuse to be evaluated; methods of evaluating rates and fees; allocation of costs to all benefitted parties; consideration of other alternative investments to achieve goals (ASR, conservation, others); methods of valuing water saved, including possible adjustments for periods when water supplies are sufficient without the reclaimed water system; and presentation formats. Multiple types of reuse may be combined to formulate alternatives for evaluation. (6) Reuse feasibility studies shall be signed and sealed by a professional engineer registered in Florida. (7) A reuse feasibility study shall be submitted as follows: (a) Three copies to the appropriate Department of Environmental Protection district office. (b) One copy to the appropriate water management district. (8) Subsection 403.064(5), F.S., states that a reuse feasibility study prepared for the Department under Subsection 403.064(2), F.S., satisfies a water management district requirement to conduct a reuse feasibility study imposed on a local government or utility that has responsibility for wastewater management. As a result, local governments or utilities located within, serving a population within, or discharging within a designated water resource caution area, which are preparing a reuse feasibility study in response to one or more of the items identified in paragraphs 62-610.820(1)(a), (b), or (c), F.A.C., are encouraged, but shall not be required b y the Department, to do the following as part of their reuse feasibility study: (a) Contact the appropriate water management district before initiation of the feasibility study to discuss water management in the area, to obtain information about the water management district’s reuse priorities for the area, and to identify any additional alternatives which the water management district would like to be evaluated in the reuse feasibility study. (b) If additional alternatives are identified by the water management district, the applicant is encouraged, but shall not be required by the Department, to evaluate these alternatives using the methods specified in paragraph 62-610.300(1)(l), F.A.C. (9) Utilities interested in pursuing funding from the state revolving loan fund for reuse projects are encouraged to incorporate the results of the reuse feasibility study into the appropriate facilities plan. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.0877, 403.088 FS. History–New 4-2-90, Formerly 17-610.820, Amended 1-9-96. 62-610.830 Storage Lakes and Ponds. (1) Lakes, ponds, and other surface waters may be used to store reclaimed water as part of reuse systems permitted under Part III of Chapter 62-610, F.A.C. Lakes included under this rule include golf course lakes, stormwater ponds, and other lakes or ponds used as decorative features. (2) If these storage lakes are waters of the state, the discharge into the lakes must be permitted under Chapter 62-620, F.A.C. Discharge limits shall be established using the provisions in Chapter 62-650, F.A.C. The discharge shall be subject to the requirements of the antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C. (3) If these storage lakes discharge intermittently or continuously to waters of the state, the discharge into the lakes must be permitted under Chapter 62-620, F.A.C. Discharge limits shall be established using the provisions in Chapter 62-650, F.A.C. The discharge shall be subject to the requirements of the antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C. (4) Storage lakes which are part of the stormwater management system. (a) The applicant shall provide written concurrence from the permitting agency responsible for the environmental resource permit/management and storage of surface water program stating that the lakes have sufficient volume to serve in both stormwater management and reclaimed water storage capacities. The permitting agency responsible for the environmental resource permit/ management and storage of surface water program shall establish the control elevation for the storage lake such that the volume required for stormwater management will be available above this control elevation. (b) Discharge of reclaimed water to the storage lake shall be allowed only during periods when the level of water in the lake is below the control elevation. (c) Technology based effluent limitations (TBELs) shall be imposed on the discharge of reclaimed water to the storage lake. The TBEL will be established based on the treatment and disinfection requirements in Rule 62-610.460, F.A.C. (d) The permittee shall be responsible for recording the frequency and duration of discharges out of the storage lake into waters of the state. (e) Subsection 62-610.830(4), F.A.C., is applicable only to lakes that are not waters of the state and discharge intermittently t o waters of the state. (5) Discharge of reclaimed water to isolated storage lakes which do not discharge to waters of the state do not require a permit under Chapter 62-620, F.A.C. (6) Storage lakes regulated under Rule 62-610.830, F.A.C., shall be included in the inventory of storage systems required by subsection 62-610.464(5), F.A.C. Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.830, Amended 1-9-96, 8-8-99. 62-610.850 Protection of Surface Water and Ground Water Quality. (1) Protection of surface water quality. (a) Reuse and land application projects shall not cause or contribute to violations of water quality standards in surface waters. (b) Projects having point source discharges, such as overland flow projects permitted under Part VI of Chapter 62-610, F.A.C., and underdrained slow-rate and rapid-rate land application systems, shall be subject to all applicable discharge and permitting requirements contained in Department rules, including the following: 1. Permitting requirements and effluent or reclaimed water limits in Chapter 62-620, F.A.C. 2. Permitting requirements and effluent or reclaimed water limits in Chapter 62-600, F.A.C. 3. WQBEL provisions imposed by Chapter 62-650, F.A.C. 4. Permitting requirements and effluent or reclaimed water limits imposed by Chapter 62-611, F.A.C. 5. Outstanding Florida Waters provisions in Chapter 62-302, F.A.C. 6. Effluent or reclaimed water limits imposed by Section 403.086(4), F.S., for discharges within the area identified in Section 403.086(1)(c), F.S. 7. Effluent or reclaimed water limits imposed by Chapter 90-262, Laws of Florida, for discharges within the area identified in Chapter 90-262, Laws of Florida. 8. Compliance with water quality standards established in Chapter 62-302, F.A.C. 9. Compliance with the antidegradation policy contained in Chapters 62-4 and 62-302, F.A.C. (c) Ground water discharges from reuse or land application projects which flow by interflow and affect water quality in surface waters shall not cause or contribute to violations of water quality standards in surface waters. (d) The engineering report shall provide reasonable assurances that surface water quality standards contained in Chapter 62-302, F.A.C., will be met. If water quality standards cannot be met, additional treatment or disinfection shall be provided or othe r operational control measures shall be implemented. (2) Protection of Ground Water Quality. (a) Reuse and land application projects shall be designed and operated to ensure compliance with ground water quality standards contained in Chapter 62-520, F.A.C. (b) The engineering report shall provide reasonable assurances that ground water standards will be met. (c) If the applicant is unable to provide reasonable assurances in the engineering report that the minimum preapplication treatment and disinfection requirements contained in Chapter 62-610, F.A.C., are sufficient to ensure compliance with the ground water quality standards, the applicant shall do the following in the engineering report: 1. Propose additional treatment or disinfection or other operational controls designed to ensure compliance with the ground water quality standards. 2. Provide reasonable assurances that the additional treatment or disinfection or other operational control measures will ensure compliance with the ground water quality standards. Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.850, Amended 1-9-96. 62-610.860 Limited Wet Weather Discharge. (1) The Department encourages implementation of reuse of reclaimed water programs. Demand for reclaimed waters normally declines during wet weather periods. During such wet weather periods, surface water stream flows normally increase. Allowing limited wet weather discharge of excess reclaimed waters during such wet weather periods will facilitate implementation of reuse projects. Therefore, persons implementing reuse projects are authorized to seek approval for limited wet weather discharges a s described below. (2) An applicant requesting a permit for a limited wet weather discharge shall include the following information in the engineering report: (a) A map showing the locations of the point of discharge and of the proposed receiving stream. (b) Descriptions and locations of downstream lakes, estuaries, reservoirs, Outstanding Florida Waters, or Class I waters. (c) An analysis of the historic records for daily rainfall for a period of record covering at least the most recent 20 years, using climatic data that are available from, or are representative of, the area involved. This shall include calculation of the average annual rainfall. (d) An analysis of the historic records for stream flow in the proposed receiving stream. (e) Estimates of time of travel from the proposed point of limited wet weather discharge to downstream lakes, estuaries, reservoirs, Outstanding Florida Waters, or Class I waters during periods when limited wet weather discharge would occur. (f) Analysis of the proposed operation of the reuse, storage, and limited wet weather discharge systems including identification of the proposed operating schedule, frequency of limited wet weather discharge, duration of limited wet weather discharge, quantity of reclaimed water to be discharged, quality of the reclaimed water to be discharged, and the flow in the receiving stream during limited wet weather discharge periods. The analysis shall be conducted for a year from the historic record which had rainfall that was within 10 percent of the average annual rainfall (referred to as “the average rainfall year”). (g) Calculation of the required minimum stream dilution factor as follows: SDF = P(0.085 CBOD5 + 0.272 TKN - 0.484) Where: SDF = minimum required stream dilution factor (dimensionless), P = percent of the days of the year that limited wet weather discharge will occur during an average rainfall year (e.g. if discharge will occur on 73 days; P = 100% × (73/365) = 20; if P is less than 1, use P = 1), CBOD5 = the treatment facility's design monthly maximum limitation for CBOD5 in milligrams per liter, TKN = the treatment facility's design monthly maximum limitation for TKN expressed in milligrams per liter of nitrogen. (h) Documentation required by the antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C., if the limited wet weather discharge will be a new or expanded surface water discharge. (i) If the minimum stream dilution factor calculated in paragraph 62-610.860(2)(g), F.A.C., is less than 1.0, the minimum stream dilution factor shall be set equal to 1.0. (3) Limited wet weather discharge for a reuse project shall be permitted without the need for a WQBEL or other water quality analyses only if all of the following requirements are met: (a) The anticipated frequency of limited wet weather discharge (P) during the average rainfall year shall not exceed 25 percent which is equivalent to 91 days during the year; (b) The actual stream dilution ratio during periods when the limited wet weather discharge is activated shall be equal to or greater than the minimum required stream dilution factor; (c) The receiving water body is a Class III, IV, or V stream with a downstream travel time during periods of limited wet weathe r discharge that is at least 24 hours to any lake, estuary, reservoir, Outstanding Florida Water, or Class I water. If this minimum travel time requirement is not met, a limited wet weather discharge shall be permitted if the stream flow is at least the minimum required stream dilution factor times the limited wet weather discharge flow multiplied by a factor equal to 24 hours divided by the travel time in hours. If the minimum travel time requirement is not met, the stream dilution factor multiplied by a factor equal to 24 hours divided by the travel time will be referred to as “the adjusted stream dilution factor”; (d) The receiving water body at the immediate point of discharge shall not be a lake, estuary, reservoir, Outstanding Florida Water, or Class I water; and (e) The reuse system is a slow-rate land application system regulated by Part II or III of Chapter 62-610, F.A.C. (4) If the conditions described in subsection 62-610.860(3), F.A.C., are not met, a WQBEL analysis pursuant to Chapter 62-650, F.A.C., shall be required for a surface water discharge that serves as a backup disposal method for a reuse system. (5) A limited wet weather discharge into a controlled canal system is allowed if the canal system is flowing during the periods of discharge and all other requirements of this rule, including the minimum dilution requirements, are met during all periods of discharge. (6) Dechlorination requirements apply to limited wet weather discharges. Discharged flows which have been retained in a storage system for a minimum of three days shall be presumed to meet the total chlorine residual limitation for dechlorination, as long as additional chlorination has not been provided after the storage facility. (7) A stream gauging station shall be furnished at a point upstream of the discharge point. In cases where stream gauging is not possible, the applicant shall provide an affirmative demonstration that alternative means of measuring or estimating flows and dilution provide reasonable assurances that the dilution requirements in Rule 62-610.860, F.A.C., will be met during periods of discharge. (8) The permit for a limited wet weather discharge shall include the following: (a) Maximum monthly average limitations for CBOD5 and TKN in the effluent discharged; (b) Minimum stream dilution factor, or adjusted minimum stream dilution factor, if required by paragraph 62-610.860(3)(c), F.A.C.; (c) The expected frequency (P) of discharge during an average rainfall year, expressed as a percentage; and (d) The average annual rainfall. (9) A reuse system having a permit for a limited wet weather discharge shall report the following to the Department monthly: (a) A list of days on which limited wet weather discharge to the surface receiving water body occurred; (b) The stream flow in the receiving water body upstream of the limited wet weather discharge on the days of discharge; (c) The flow rate of the limited wet weather discharge on the days of discharge; (d) The resulting stream dilution ratio (stream flow divided by limited wet weather discharge flow) for each day of discharge; (e) The CBOD5 and TKN concentrations of the effluent being discharged; (f) An explanation of any factors contributing to the limited wet weather discharge; (g) The cumulative number of days during the calendar year during which the limited wet weather discharge was activated; and (h) The month’s rainfall and the cumulative rainfall during the calendar year during which the limited wet weather discharge was activated. (10) The minimum stream dilution factor, or adjusted minimum stream dilution factor, as required by paragraph 62- 610.860(3)(c), F.A.C., shall be an enforceable permit condition and shall apply on each day during which the limited wet weather discharge is activated. The permittee may discharge a volume greater than the permitted capacity of the reuse or treatment facility if the stream dilution ratio during the period of discharge equals or exceeds the minimum stream dilution factor, or adjusted minimum stream dilution factor, as required by paragraph 62-610.860(3)(c), F.A.C., whichever is greater. (11) The permit limits for CBOD5 and TKN shall apply as maximum monthly average limits for each month during which the limited wet weather discharge was activated. Only CBOD5 and TKN values obtained during days on which the limited wet weather discharge was activated shall be used to calculate the monthly average CBOD5 and TKN in the effluent. (12) The expected frequency of discharge (P) is not an enforceable permit limit. It is expected that during years having rainfall greater than average the frequency of discharge may be greater than P. During years having rainfall less than average, the frequency of discharge normally will be less than P. However, under no circumstances shall the limited wet weather discharge be activated on more than 150 days during any one calendar year. (13) The Department may revoke the permit for the limited wet weather discharge if the permittee discharges when the stream dilution ratio is less than the minimum required stream dilution factor or minimum adjusted stream dilution factor, whichever is greater, justified in the engineering report or if the limited wet weather discharge results in a significant adverse effect on the receiving stream. (14) A limited wet weather discharge is not an emergency discharge pursuant to Chapter 62-610, F.A.C. A limited wet weather discharge is not an abnormal event pursuant to Rules 62-600.750 and 62-610.880, F.A.C. (15) Form 62-620.910(2) shall be used to apply for a permit to construct or operate a limited wet weather discharge. The permit application may be combined with an application for a reuse/land application system or for a treatment plant. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.08 8 FS. History–New 4-2-90, Formerly 17-610.860, Amended 1-9-96. 62-610.865 Blending of Demineralization Concentrate with Reclaimed Water. (1) Within this chapter, the term “concentrate” will be used synonymously with “demineralization concentrate.” The Department shall classify demineralization concentrate as a “potable water byproduct,” and not as an “industrial wastewater.” (2) Rule 62-610.865, F.A.C., applies to projects, for which complete permit applications which request authorization to blend concentrate with reclaimed water were received by the Department on or after August 8, 1999. Rule 62-610.865, F.A.C., also shall apply to existing projects which are being expanded or modified; however, these rule requirements shall only apply to the expanded or modified portion of the project. (3) Demineralization concentrate may be blended with reclaimed water which will be used in reuse systems regulated under Parts II, III, IV, and VII of Chapter 62-610, F.A.C., if all of the requirements of Rule 62-610.865, F.A.C., and the appropriate part of Chapter 62-610, F.A.C., are met. (4) Permittees wishing to blend demineralization concentrate with reclaimed water are urged to proceed cautiously. Concentrate typically contains elevated concentrations of dissolved solids and inorganic constituents, which normally are not removed from the reclaimed water as it travels through the unsaturated or saturated zones beneath the Earth’s surface. As a result, the ability of a reuse or land application project to meet ground water quality criteria at the edge of the zone of discharge shall be addressed in the engineering report. Elevated concentrations of dissolved solids and salts may harm sensitive vegetation being grown on the reuse or land application site and may decrease the hydraulic capacity of reuse and land application sites, especially where reclaimed water will be used to irrigate landscape areas and edible food crops, as allowed by Part III of Chapter 62-610, F.A.C. (5) Engineering report. (a) The engineering report shall provide reasonable assurances that ground water criteria contained in Chapter 62-520, F.A.C., will be met at the edge of the zone of discharge. (b) The engineering report shall provide reasonable assurances that the blend will not harm vegetation or crops grown on the reuse or land application sites and that the blend will not impair the ability of the site to function as intended. Salt tolerances of vegetation found in the reuse or land application system shall be evaluated. (c) The engineering report shall evaluate the potential for salts and other constituents in the concentrate to adversely affect the infiltration/percolation capabilities of the soils in the reuse system. If the sodium adsorption ratio in the blend approaches or exceeds 15, it is recommended that sodicity hazards and impacts on soil infiltration/percolation be addressed in detail in the engineering report based on input from individuals having expertise in soils science. (d) The engineering report shall evaluate the ability of the reuse system to protect public health. (e) The engineering report shall examine constraints needed to ensure compliance with water quality standards and to ensure protection of environmental quality, public health, site vegetation, and the ability of reuse and land application sites to function as intended. (f) The engineering report shall characterize the reclaimed water, concentrate, and blend. (g) The engineering report shall include recommendations for a minimum blend ratio. This minimum blend ratio shall be justified based on the considerations described in subsection 62-610.865(5), F.A.C. (6) Demineralization concentrate, reclaimed water, and blend quality. (a) The applicant shall evaluate the tolerances of vegetation grown in areas to receive reclaimed water to constituents contained in the concentrate and the blend. The applicant shall evaluate potential affects of the blend on the soils to which the blend will be applied. These evaluations shall be included in an affirmative demonstration in the engineering report that the blend can be applied to the land and vegetation in an acceptable manner which will not harm the vegetation or impair the soil’s ability to accommodate the applied blend. The applicant shall establish limitations on total dissolved solids, chlorides, and sodium adsorption ratio in the blend to protect vegetation, soils, and ground water quality. The Department shall incorporate these limitations into the permit as single sample maxima limitations for the blend. (b) The reclaimed water shall meet all requirements of the appropriate part of Chapter 62-610, F.A.C., at a point upstream from the addition of the concentrate. (c) The blend shall meet all requirements of the appropriate part of Chapter 62-610, F.A.C., at the point where it is introduced into the reclaimed water conveyance or distribution system. (d) The permit shall include a minimum blend ratio which shall be equaled or exceeded at all times. (7) Permitting. (a) Separate domestic wastewater and concentrate permits shall be issued, except as provided for in paragraph 62-610.865(7)(b), F.A.C. The concentrate permit holder shall be responsible for the quality of the concentrate, monitoring of the concentrate, and facilities associated with the storage and conveyance of the concentrate. The concentrate permit holder shall be responsible for hydrogen sulfide control, if needed. The domestic permit holder shall be responsible for treatment, disinfection, storage, quality, and monitoring of the reclaimed water. The domestic wastewater permit holder shall be responsible for the quality, monitoring, conveyance, and application of the blend and for all monitoring at the reuse and land application sites. (b) A single domestic wastewater permit shall be issued if a single municipality or utility owns and operates both the domestic wastewater facilities and the water treatment facilities which generate the concentrate. (c) In the case where separate domestic and concentrate permits are issued, the domestic wastewater permittee shall execute a n agreement with the concentrate permittee to ensure acceptable project performance. The agreement shall address the quality and quantity of the concentrate, system operation, storage requirements, monitoring, sharing of information, quality control, and remedies in the event problems develop. Remedies shall include provisions for terminating the service of accepting the concentrate if problems develop. (d) Permit fees for the domestic wastewater permit shall be based on the sum of the capacity of the domestic wastewater facility (without the introduction of the concentrate) and the maximum anticipated flow of the concentrate. (e) Adding concentrate to the reclaimed water at an existing domestic wastewater facility and reuse system shall be considere d as a modification which will subject the reuse facilities to the requirements of Chapter 62-610, F.A.C. (8) Monitoring. (a) Reclaimed water shall be monitored as required by the appropriate part of Chapter 62-610, F.A.C. Monitoring requirements in Chapter 62-601, F.A.C., shall apply. (b) Flows shall be monitored continuously in two locations. The flow of the concentrate shall be monitored continuously. In addition, either the flow of the reclaimed water (before blending) or the flow of the blend shall be continuously monitored. The blend ratio shall be calculated continuously. (c) The blend shall be monitored continuously for specific conductance. The results of this monitoring shall be used to make continuous judgments of the quality of the blend related to inorganic constituents of the blend (such as total dissolved solids and chlorides). (d) Continuous monitoring equipment shall be equipped with an automated data logging or recording device. Continuous monitoring equipment shall be maintained according to the manufacturer’s operation and maintenance instructions. Continuous monitoring equipment shall be calibrated according to the requirements of Chapters 62-160 and 62-601, F.A.C. (e) The blend shall be monitored as required by the appropriate part of Chapter 62-610, F.A.C. Monitoring requirements in Chapter 62-601, F.A.C., shall apply to the blend. Total suspended solids, fluoride, total dissolved solids, chlorides, pH, and sodium adsorption ratio shall be monitored weekly in the blend. Additional parameters to be sampled and analyzed for in the blend on a weekly basis shall be established in the permit based on characterization of the concentrate and the blend contained in the engineering report. After the first year of operation, the Department shall reduce the sampling frequency if the applicant provides an affirmative demonstration that ground water standards will be met and that site vegetation and public health will be protected. (f) An annual scan of the parameters listed as primary and secondary drinking water standards in Chapter 62-550, F.A.C. (except for turbidity, total coliforms, color, and corrosivity), shall be accomplished for the reclaimed water, the concentrate, and the blend. After the first year, the Department shall reduce the parameters to be reported in the annual scan if the applicant provides an affirmative demonstration that ground water standards will be met and that site vegetation and public health will be protected. At least once during each permit cycle, the full list of parameters listed as primary and secondary drinking water parameters shall be reported for the reclaimed water and the blend. (9) Operating protocol. (a) In accordance with Rule 62-610.320, F.A.C., the domestic wastewater permittee shall establish an operating protocol for the blending. This operating protocol shall contain procedures designed to ensure that only acceptable quality blend water is released to the reuse system. The acceptability of the reclaimed water will be based on factors addressed in the engineering report, as described in subsection 62-610.865(5), F.A.C., such that protection of public health, environmental quality, and site vegetation will be assured. The two key parameters to be used in making continuous judgments of the acceptability of the blend are the blend ratio and th e specific conductance. (b) Reuse projects regulated under Part III of Chapter 62-610, F.A.C., will have an additional operating protocol for operation of the domestic wastewater treatment facility, as described in Rule 62-610.463, F.A.C. The permittee may combine the two operating protocols into a single document. (10) Demineralization concentrate storage. (a) The demineralization concentrate permittee shall be responsible for the provision, operation, and maintenance of concentrate storage facilities. (b) Provisions shall be made for storage of demineralization concentrate, unless a permitted alternate discharge mechanism or other approved methods are available for disposal or handling of the concentrate during periods when blending is not possible. (c) If concentrate storage is needed to meet permit requirements, the storage pond or tank shall have a capacity equal to three days flow of concentrate at the maximum flow of the process producing the concentrate. If blending will take place after the reclaimed water system storage facilities, the concentrate storage capacity shall equal the number of days storage required to be provided in the system storage facilities for the reclaimed water. (d) Concentrate storage systems shall be lined or sealed to prevent measurable seepage or shall be constructed of impervious materials. Requirements for lined storage ponds are contained in subsection 62-610.414(4), F.A.C. (11) The permittee shall submit an annual summary of water quality in the reclaimed water, the concentrate, the blend, and ground water monitoring wells. Correlations between specific conductance and chloride, and total dissolved solids shall be developed and reported. The summary shall include an evaluation of any adverse effects on vegetation and ground water quality and needed corrective actions, including needed revisions to the operating protocol. (12) Except as provided in subsection 62-610.865(13), F.A.C., blending shall be accomplished after the domestic wastewater has received all treatment and disinfection. This may be before or after system storage facilities associated with the reuse system. If blending will occur before system storage associated with the reuse system, the applicant shall provide an affirmative demonstration that the system storage facilities have sufficient capacity to meet the system storage requirements based on the combined flows of reclaimed water and the concentrate. (13) Demineralization concentrate may be discharged into the sanitary sewerage system. (a) All of the following conditions shall be met: 1. The resulting mixture of concentrate and domestic wastewater receives the full level of treatment required by the part of Chapter 62-610, F.A.C., which regulates the reuse system. 2. The applicant provides an affirmative demonstration that the sewerage system and treatment facilities have sufficient capacities to accommodate the added volume of concentrate. 3. The addition of concentrate will not impair the ability of the treatment facility to meet reclaimed water limitations. 4. The resulting reclaimed water will not harm vegetation grown in the reuse system. 5. The resulting reclaimed water will not reduce the infiltration/percolation capacities of soils in the reuse system. 6. The reuse system will comply with ground water standards at the edge of the zone of discharge. (b) If concentrate is added only to the sewerage system before treatment, the provisions in subsections 62-610.865(2) through (12), F.A.C., shall not apply. Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99. 62-610.870 Reporting and Enforcement. (1) Reporting and enforcement procedures shall be pursuant to Chapters 62-601 and 62-620, F.A.C., and Rule 62-600.740, F.A.C. (2) For facilities having an approved limited wet weather discharge, reporting and enforcement requirements are specified in Rule 62-610.860, F.A.C. (3) Annual Reuse Report. (a) Permittees having responsibility for domestic wastewater treatment facilities (new and existing) having permitted capacities of at least 0.1 mgd that discharge all or part of their reclaimed water to reuse systems permitted under Chapter 62-610, F.A.C., shall submit an annual report to the appropriate Department district office. This reporting requirement also applies to all permittees responsible for operation of reuse authorities. Domestic wastewater permits issued by the Department identify portions of domestic wastewater projects that are categorized as “reuse.” One copy of the annual report shall be submitted to each of the following addresses: 1. Florida Department of Environmental Protection, Reuse Coordinator, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. 2. The appropriate Department of Environmental Protection district office. 3. The appropriate water management district. (b) The annual report shall be delivered or mailed to these addresses on or before January 1 of each year. (c) The report shall include estimates of the annual average utilization (expressed in mgd) of reclaimed water for beneficial purposes and estimates of the annual average flows (expressed in mgd) sent to effluent disposal systems for the previous federal fiscal year (October 1 through September 30). These are intended to be estimates. Detailed flow monitoring for all individual uses and users is not required. Data obtained will be used to maintain an inventory of reuse activity in Florida. (d) Permittees of reuse systems which include commercial agricultural operations using reclaimed water to irrigate edible crops shall attach their inventory of edible crop irrigation required by subsection 62-610.475(5), F.A.C., to the annual reuse report. (e) Form 62-610.300(4)(a)2. shall be used for these annual reports. (f) Permittees shall attach their inventory of storage facilities, as required by Rules 62-610.464 and 62-610.830, F.A.C. (g) Permittees making reclaimed water available for activities regulated by Part III of Chapter 62-610, F.A.C., shall attach a summary of their public notification program (including copies of public notification materials), as required by subsection 62- 610.468(6), F.A.C. (h) Permittees making reclaimed water available for activities listed in subsection 62-610.800(13), F.A.C., shall attach a summary of the utility’s metering activities and the rate structure that the utility currently employs or plans to employ, as required by subsection 62-610.800(13), F.A.C., and Section 403.064(16), F.S. Rulemaking Authority 403.051, 403.061, 403.064, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.870, Amended 1-9-96, 8-8-99, 11-19-07. 62-610.890 General Permit for Adding New Major Users to a Part III Reuse System. (1) A general permit is hereby granted to a permittee whose permit includes a reuse system for the addition of a new major user of reclaimed water (using 0.1 mgd or more, as an annual average), provided that: (a) Notice to the Department under subsection 62-4.530(1), F.A.C., is submitted on Form 62-610.300(4)(a)1.; and (b) The reuse system is permitted under Part III of Chapter 62-610, F.A.C.; and (c) The major user to be added is located within the general reuse area designated in an existing reuse/land application permit; and (d) The capacity of the reuse system noted in the existing permit will not change as a result of this addition of a major user; and (e) There will be no direct discharge of reclaimed water to any storage ponds, lakes, or other water bodies which are waters of the state or which will discharge to waters of the state; and (f) Reclaimed water will be used by the major user in accordance with this chapter for an activity allowed by Part III or Part VII of this chapter. (2) The notice to the Department of the permittee’s intent to use this general permit requires certification by a professional engineer registered in Florida and the applicant on Form 62-610.300(4)(a)1. Rulemaking Authority 403.814(1) FS. Law Implemented 403.061, 403.087, 403.088, 403.814 FS. History–New 4-2-90, Formerly 17-610.890, Amended 1-9-96, 8-8-99. AGENDA ITEM # 7D AUGUST 12, 2013 ORDINANCE NO. 20-13-124 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the City is amending the budget to add funds for construction of Phase 1 A of the Marsh Preserves Multipurpose Path, which will provided a fully ADA accessible path from the Tideviews Preserve Parking Lot to the boardwalk leading to Sunset Pier, and" NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2012/2013 Budget to be amended as follows: CONVENTION DEVELOPMENT TAX FUND Revenues: Grant Proceeds $17,500 Expenses: Parks and Recreation Capital Outlay - $35,000 Total Expenses: $35,000 Fund Balance <$17,500> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 8th day of July 2013. Passed by the City Commission on second and final reading this 12th day of August 2013. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Donna L. Bartle, CMC City Attorney City Clerk AGENDA ITEM: SUBMITTED 13Y: AGENDA ITEM NO. DATE: AGENDA ITEM # 7E AUGUST 12, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Public Hearing/15T Reading for Ordinance No. 90-13-219 (REZ- 13- 00100057, Atlantic Beach Country Club SPA Amendment) Michael Griffin, CBO, CFM tottp Building & Zoning Director Erika Hall Principal Planner elV DATE; July 22, 2013 STRATEGIC PLAN LINK: 2. Golf Course: This goal is to work with the Country Club Board to best accomplish the City's objective to maintain green space and minimize adverse impacts to adjoining neighborhoods. BACKGROUND; Request to amend the Atlantic Beach Country Club Special Planned Area, as approved by Ordinance No. 90-13-216, to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four ( 174) residential dwelling units are proposed on adjacent lands within the City of Jacksonville. A parallel PUD Amendment requesting approval of the same master development plan has been filed with the City of Jacksonville_ The Community Development Board will have considered this request, along with comments from staff, the applicant and community residents in attendance at the July 16th meeting. However, because the applicant has requested expedited review of this application, and the public hearing schedule has been compressed, this staff report is prepared in advance of the Community Development Board meeting. Staff anticipates availability of draft minutes from the July 16th meeting within forty -eight (48) hours of the meeting, and these will be made available to the City Clerk for dispersal as soon as passible. BUDGET: None. RECOMMENDATION: Approval, recommended by the Community Development Board. ATTACHMENTS: Ordinance No. 90 -13 -219; Copy of Community Development Board staff report; Copy of REZ- 13- 00100057 application, incl cling revised traffic study. REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. AGENDA ITEM # 7E AUGUST 12, 2013 CASE NO REZ -13- 00100057 Request to amend the Atlantic Beach Country Club Special Planned Area (Ordinance No. 9013 -216), to increase the total number of residential dwelling units permitted from one hundred eighty (160) to two hundred (200), with a maximum of twenty -six allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four (174) residential dwelling units are proposed on adjacent lands located within the City of Jacksonville, A parallel PUD Amendment requesting approval of the same master development plan has been filed with the City ofJacksonville. LOCATION 1600 SELVA MARINA DRIVE (SELVA MARINA COUNTRY CLUB) APPLICANT DATE STAFF STAFF COMMENTS ATLANTIC BEACH PARTNERS, LLC REPRESENTED BY T R MAINLINE, JR JULY 16, 2013 ERIKA HALL, PRINCIPAL PLANNER Atlantic Beach Partners, LLC has submitted a request to amend the Atlantic Beach Country Club Special Planned Area (SPA) approved by Ordinance No. 90 -13 -216.1 The current application seeks to increase the number of total residential dwelling units from one hundred eighty (180) to two hundred (200), with one hundred seventy -four (174) located within the City of Jacksonville and twenty -six (26) located within the City of Atlantic Beach. This proposed increase in density is detailed in the amended narrative and shown on the revised master development plan, and the traffic study has been updated also to account for the increased density. ' The Atlantic each Country Club Special Planned Area (SPA) is scheduled for second and final reading and public hearing before the Atlantic Beach City Commission on July 8, 2013, and therefore is expected to be approved before this meeting. AGENDA ITEM ii 7E AUGUST 12, 2013 Table 1 - Site Summary Comparison = shows the land use allocation of the approved Atlantic Beach Country Club Special Planned Area versus the proposed amendment. Staff has noted a discrepancy between the total acreage provided in the approved SPA and that reported in this proposed amendment, and has requested that the applicant address this issue with either a revised SPA narrative or an explanation of how the approved SPA is in error. However, neither had been received at the time of publication of this staff report. TABLE 1. SITE SUMMARY COMPARISON ORD NO 90 -13 -216 (APPROVED) REZ -13- 00100057 (PROPOSED) CoAB Co.! TOTAL CoAB CoJ TOTAL RESIDENTIAL (a) North of Dutton Island Road_ 2,912 2,351 2,628 Acreage 0.08 34.36 34.44 5,00 34.49 39.49 Units 11 1691 1802 26 174 200 RECREATION & OPEN SPACE 618 618 637 Golf Course 215.14 91.25 117.39 19.94 91.67 111.61 Clubhouse, Amenities 6.74 0.00 6.74 6.74 0.00 6.74 INFRASTRUCTURE VehlcularAccess 1.37 9.08 10.45 2.45 9.43 11.88 TOTAL 34.33 134.69 169.02 34.13 135.59 169.72 I The approved ABCC SPA conceptual site pion depicts one hundred sixty -nine (169) residential dwelling units, with one (1) partially located within the City of Atlantic Beach, 2 The approved ABCC SPA narrative provides for a maximum of one hundred eighty (180) residential dwelling units, although only one hundred sixty -nine (169) are depicted on the conceptual site plan. Table 2 - Estimated Traffic Impacts on Level of Service - shows the allocation of PM peak-hour trips onto surrounding roadways, Notes provided below compare estimated traffic impacts resulting from the proposed two hundred (200) dwellings versus the previously approved one hundred eighty (180) dwellings. TABLE Z. ESTIMATED TRAFFIC IMPACTS ON LEVEL OF SERVICE YEAR 2007 YEAR 2013 YEAR 2016 WITHOUT DEVELOPMENT YEAR 2016 w1T11 DEVELOPMENT SERVICE VOLUME/ LEVEL OF SERVICE (LOS) (1) MAYPORT RD (4- LANE) (a) North of Dutton Island Road_ 2,912 2,351 2,628 2,649/C1 4,200/C (b) South of Dutton Island Road 3,023 2,674 2,755 2.813/C2 4,200/C (2) SEMINOLE RD (2 -LANE) (a) South of Se1va Marina Drive 618 618 637 765/C3 870/C (3) SELVA MARINA DR (2-LANE) 161 161 161 223/B4 500/C 1 This is on increose of three (3) trips over the previous traffic study adopted as supporting documentation to Ordinance No. 90 -13 -216. 2 This is an increase of five (5) trips over the previous traffic study adopted as supporting documentation to Ordinance No. 90- 13-216. 3 This is an increase of seventy (70) trips over the previous traffic study adopted as supporting documentation to Ordinance No. 90.13 -216. 4 This its an increase of twelve (22) trips over the previous traffic study adopted as supporting documentation to Ordinance No. 90-13-216. Page 2 of 3 AGENDA ITEM # 7E AUGUST 12, 2013 Staff realizes a great deal of concern has been previously expressed by the citizenry, members of this Board and elected officials alike, regarding the potential ABCC residential traffic impact, particularly to Seminole Road and the "Five Way" intersection. As noted above, the additional twenty (20) dwelling units proposed are estimated to increase PM peak -hour traffic on Seminole Road, south of Selva Marina Drive by seventy (70) trips by the year 2016. This is one hundred forty -seven (147) more trips than current year traffic and one hundred twenty -eight (128) more trips than estimated for year 2016 without development, and it brings the segment capacity to within one hundred five (105) trips of the established level of service cap of eight hundred seventy (870) trips. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Atlantic Beach Country Club SPA Amendment (Application REZ -13- 00100057) to the City Commission, a request to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) of those units allocated to lands within the City of Atlantic Beach, approving the site development plan and adopting the application and supporting documents, and all terms and conditions as set forth therein, subject to conditions enumerated and providing the following or similar findings of fact: (1) The request for amendment has been fully considered after public hearing with legal notice duly published as required by law. (2) The proposed amendment is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density. (3) The proposed amendment is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas. (4) The proposed amendment and the site development plan are consistent with the stated definition, intent and purpose of Special Planned Areas. The Community Development Board may consider a motion to recommend denial of the Atlantic Beach Country Club SPA Amendment (Application REZ -13- 00100057) to the City Commission, a request to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) of those units allocated to lands within the City of Atlantic Beach, provided the following or similar findings of fact: (1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the Future Land Use Designation of Residential Low Density because (2) The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas because ATTACHMENTS None. Page 3 of 3 AGENDA ITEM # 7E AUGUST 12, 2013 ORDINANCE NUMBER 90 -13 -219 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY -SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY -FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the Atlantic Beach Country Club Special Planned Area amendment enacted by this Ordinance shall provide for orderly growth; encourage the 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 establish consistency with the Comprehensive Plan, and WHEREAS, after required notice was published, a public hearing was held by the Community Development Board on the 16th day of July 2013 at 6:00 p.m. Introduction and first reading of the proposed Ordinance by the City Commission was held on the 12th day of August 2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on the 26th day of August 2013 at 6:30 p.m. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That, as requested by Rogers Towers, P.A., on behalf of Atlantic Beach Partners, LLC, as authorized by Selva Marina Country Club, Inc, the title owner of Ordinance No. 90 -13 -219 /Page 1 of 4 AGENDA ITEM # 7E AUGUST 12, 2013 record as identified in the application (File Number REZ -13- 00100057) along with supporting documents for the SPA amendment submitted to the City of Atlantic Beach, Florida on May 23, 2013 hereinafter known as the Atlantic Beach Country Club Special Planned Area (SPA) Amendment application, which is attached to and made part of this Ordinance, the total number of residential dwelling units permitted is hereby increased from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy -four (174) allocated to lands within the City of Jacksonville. SECTION 2. That development of the lands within this Special Planned Area Planned Unit Development shall proceed in accordance with the Atlantic Beach Country Club Special Planned Area Amendment, first filed May 23, 2013, and other supporting documents, which are a part of File Number REZ -13- 00100057, and incorporated by reference into and made part of this Ordinance. In case of conflict between the application, the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 3. Special Conditions: 1. Development within this Special Planned Area Amendment shall be similar to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within the Special Planned Area Amendment application, which are made part of this Special Planned Area Amendment Ordinance. 2. Prior to the commencement of development under this Special Planned Area Amendment, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein, and the Recreation and Conservation Easement will limit uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area Amendment, in perpetuity. SECTION 4. Findings of Fact: The need and justification for approval of the Atlantic Beach Country Club Special Planned Area Amendment have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision and Land Development Regulations and, whereby it is found that: 1. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy -four (174) allocated to lands within the City of Jacksonville, has been fully considered following a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. Ordinance No. 90 -13 -219 /Page 2 of 4 AGENDA ITEM # 7E AUGUST 12, 2013 2. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy -four (174) allocated to lands within the City of Jacksonville, is consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands as described within this application as Residential, Low Density. 3. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy -four (174) allocated to lands within the City of Jacksonville, is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this Special Planned Area amendment has consisted of previous uses defined by the Land Development Regulations as residential and recreational, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. 4. This Special Planned Area amendment does not adversely affect the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within the Comprehensive Plan. 5. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy -four (174) allocated to lands within the City of Jacksonville, is consistent with the Land Development Regulations, specifically Article III, Division 6, establishing standards for modifications to previously approved Special Planned Areas. 6. The zoning district designation of Special Planned Area, and the specific uses and special conditions as set forth within this Special Planned Area amendment, are consistent and compatible with surrounding development, and the proposed Special Planned Area amendment will not adversely affect the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. SECTION 5. To the extent they do not conflict with the unique specific provisions of this Special Planned Area amendment, all provisions of the Land Development Regulations, as such may be amended from time to time, shall be applicable to this development; except that further modifications to this Special Planned Area by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any Ordinance No. 90-/3-2/9/Page 3 of 4 AGENDA ITEM # 7E AUGUST 12, 2013 provision of this Ordinance, no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 6. This Ordinance shall take effect immediately upon its final passage and adoption and 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. Passed upon first reading by the City Commission of the City of Atlantic Beach this 12th day of August 2013. Passed and enacted, upon final reading and public hearing and adoption this 26th day of August 2013. Mike Borno Mayor /Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Effective Date: Ordinance No. 90 -13 -219 / Page 4 of 4 ACil:N[)A ITEM u:M # 7F AUf,UST 12. 20n (raj? Ifinuics of the July 16, 2013 regulrrr meeting grille Community mrunit)y Developrrlertt Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD July 16,2013 1. CALL TO ORDER, - 6:O5PM Vice Chair Kirk Hansen verified the presence of a quorum with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Harley Parkes, Patrick Stratton and Sylvia Simmons. The meeting was called to order at 6:05pm. Also present were Navy Liaison and Ex- Officio Board member Matt Schellhorn, Principal Planner Erika Hall, and Building and Zoning Director Michael Griffin. Board member Brea Paul was absent. 2. ADOPTION OF MEETING MINUTES - JUNE 10, 2013. Mr. Hansen called fora motion to approve the minutes of the June 18, 2013 regular meeting. Mr, Burgess moved that minutes be approved as written. Mr. Parkes seconded the motion and it carried by a vote of 6 -0. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. REZ-13-00100057, 1600 Selva Marina Drive (Atlantic Beach Partners LLC) Public Hearing - Request to amend the Atlantic Beach Country Club Special Planned Area (Ordinance No 90-13-216), to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty -six allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four (174) residential dwelling units are proposed on adjacent lands located within the City of Jacksonville A parallel Pill) Amendment requesting approval of the same master site development plan has been filed with the City of Jacksonville. Staff Report Ms. Hall reported that Ordinance No. 90 -13 -216 adopting the Atlantic Beach Country Club Special Planned Area (ABCC SPA) had been approved by the City Commission at their last meeting on July 8, 2013. As approved, a maximum of one hundred eighty (180) residential dwelling units are permitted, though only one hundred sixty -nine (169) lots were shown on the accompanying Master Site Development Plan (MSDP). Of those, all but one lot were completely located within the City of Jacksonville. The current application is an amendment to the approved ABCC SPA, to increase the maximum number of dwelling units to two hundred (200). The additional twenty (20) dwelling units, along with another six (6) not shown on the original MSDP, are proposed to be Page 1 ors Draft Minutes of the July 16, 2013 regular meeting ofthe Community Development Board Applicant Comment Public Comment Board Discussion AGENDA ITEM # 7E AUGUST 12, 2013 located within the City of Atlantic Beach. The remaining one hundred seventy -four (174) will be located within the City of Jacksonville. T R Hainline, Rogers Towers, PA, authorized agent for the applicant. explained that the additional twenty (20) units were being sought by the Country Club to offer to the developer as collateral to secure financing for the renovation of the Club facilities. He reminded the Board that even with twenty -six (26) units located within the Atlantic Beach portion of the project this development would be considerably less intensive than what had been approved previously as the Selva Marina Residential Planned Unit Development. He noted that the applicant had met all procedural requirements, including submittal of a revised narrative, conceptual site plan and updated traffic study. Dave Estes (1275 Linkside Drive) stated that he had sent an email to members of the City Commission as well as this Board with recommendations for language he wished to see included in either the SPA narrative or the adopting ordinance. He said he had received positive response in support of this language, with one Commissioner saying that it was "good neighbor, common sense ": 1. "The Club shall maintain their backyard (areas that members do not usually see, but neighbors on the perimeter of the club do see) by mowing /trimming grass and weeds, including the banks of ponds /waterways, and not piling up or dumping landscaping debris." "The Club shall take into consideration how their actions will affect the neighbor's view of the golf course when planning landscaping, hedges, nets, fences, etc." Mr. Estes also asked for clarification regarding the additional units being sought with the current amendment. He asked if these units were built, was there anything in the plan binding them to the location shown on the submitted site plan. Mr. Hansen disclosed that he is a member of the Selva Marina Country Club Board, and that he is a participant in the LLC providing bridge financing to the Club. However, he has no personal financial interest that would be affected by action of this Board. Therefore, he declared he had no conflict of interest and stated he would not recuse himself from debate and vote on the Page 2 of 5 Draft Minutes of the July 16, 2013 regular meeting of the Community Development Board matter. AGENDA ITEM # 7E AUGUST 12, 2013 Mr. Elmore disclosed that he is the landscape architect of record for this project, and having a financial interest, he stated he would recuse himself from debate and vote on this matter. However, he said he would answer any questions the Board might have. In response to Mr. Estes' inquiry, Mr. Elmore said the average cost of each golf course hole is between $50,000 and $100,000. Once the golf course design has been set, it severely limits the areas where houses can be constructed, so it is highly unlikely that, if constructed, these additional units would be located anywhere other than as depicted on the MSDP. Mr. Hainline added ` that any changes to the Master Site Development Plan would necessitate an amendment that would require review by this Board and approval by the City Commission. Motion Mr. Parkes moved that the Community Development Board recommend approval of the Atlantic Beach Country Club Special Planned Area Amendment (Application REZ -13- 00100057) to the City Commission, being an amendment to a previously approved Special Planned : Area (SPA) described within said application, approving the Master Site Development Plan and adopting the application and supporting documents, and all terms and conditions set forth therein, subject to conditions enumerated, and provided the following, findings of fact: (1) The request for amendment has been fully considered after public hearing with legal notice duly published as required by law; (2) The proposed amendment to the approved Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) The proposed amendment to the approved Special Planned Area is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas and Section 24 -124, establishing procedures for modifications to previously approved Special Planned Areas and Master Site Development Plans; (4) The proposed amendment, including the Master Site Development Plan, is consistent with the stated definition, intent and purpose of Special Planned Areas; (5) The zoning district classification of Special Planned Area, and the specific uses and special conditions as set forth herein, are consistent and compatible with surrounding development. Mr. Burgess seconded the motion and it passed unanimously, 5 -0, with Mr. Elmore abstaining due to his previously stated conflict of interest. Page 3 of 5 AGENDA I'T'EM 11 7E AUGUST 12, 2013 APPLICATION FOR ZONING MAP AMENDMENT for SPECIAL PLANNED AREA — or — PLANNED UNIT DEVELOPMENT City of Atlantic 11 each • 800 Seminole Road • Atlantic [tone[[, Florida 32233 -5445 j Moue! (904) 247.5)100 • PAX (904)247 -5805 • Itttp:llwrvw,caab.rts / Dote is File No. Application fYa. I, 2. 3. property 1,otntian Selva Marian Country Club 4. Properly Appraiser's Rol Estate Number See Exhibit 13 Applicant's None Atlltntic Beach Partners, LLC Applicnut's Address 414 old Hoard ROlid #502, Fleming Island, El. 32003 ° t z, 5. Current •)..ni.,.. Classification P( , 1�5 -L 6. ConlprettciisIve Plnn Maitre Land Use Designation ill_ �4 AIllflll A dWieit4H d e '1 r . 7, Requested Action Rezone to SPA S. Size of Parcel 169.62 acres 9. Utility Provider 17.A 10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of the City of Atlantic [leach %ruing, Subdivision and Lnittl Development Regulations, The unrrntive, and any required attachments, should concisely address end' of the provisions nod requirements or Section 24-120 and should be provided 111 an order and format consistent with this Section. Please provide a cover page and n table of contents Identifying each attachment le the upltlieatton. 11. 'I'1ie following Items must be submitted with the application: o. List of adjacent property owllcra within JOu Stet of the property Including nonce, moiling address and Property Appluiser'a heal Estate flambe!' It'eni hell recently (edified [nit r ©11,4• Address Iwo (2) legal size envelopes lo ouch property miler on the list. Da not include n retorts address. Each envelope most commie proper postage. The order of R U 1e.: _.tit •de -1 Ie01101 + . .1 °0 he list. I►. Pr'nnfof ownership (copy or dad or certificate by lawyer er rib :stmet comprrny or title company tltnt vcril]et record owner es above). If the applicant it aril the omit'', n letter of nntltarl+:ntion from the cwncr(s) fa• applicant to represent the tr ►' iier for 11II purposes related to this application mU51 he provided. e. Re/piked arolnhul' tlf copie:i; rive (.5) rime submit ICI[ (10) esupie9 Dr nny pines oi' attachments that or larger than 11 x 17 inches In size, or any outer Items than cannot he easily reproduced. ti, Application Fee. (S5110.110) I HEREBY C11WCIFY THAT ALL INFORMATION PROV1DEB WITH THIS APPLICATION IS CORRECT: Signature of own ells) or authorised person If owner's Iluthorizntlon form Is attached: Printed or typed int!ne tt Signnlure(s): tun Af)DRIsSS,.NI) C ei 1i4. INCORMATIO,` + PERSON 10 RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name; T.R. Flnittliiae 11v /oiling mdrom, 1301 Rivcrplacc Blvd., Suite IS0O, Jacksonville, FL 32207 plum: (904) 346.553! FAX: (KM) 396 -0663 E-mail: THainlino @RTLaw.core AGENDA ITEM # 7E AUGUST 12, 2013 ATLANTIC BEACH COUNTRY CLUB PLANNED DEVELOPMENT (PUD)/ SPECIAL PLANNED AREA (SPA) EXHIBIT LIST Exhibit "A" Legal Description Exhibit "B" Surveys Exhibit "C" Conceptual Site Plan Exhibit "D" Written Narrative Exhibit "E" Deeds Exhibit "F" Authorizations and Binding Letters Exhibit "G" List of Adjacent Property Owners Exhibit "H" Traffic Study AGENDA ITEM # 7E AUGUST 12, 2013 ATLANTIC BEACH COUNTRY CLUB PLANNED DEVELOPMENT (PUD)/ SPECIAL PLANNED AREA (SPA) EXHIBIT "A" LEGAL DESCRIPTION THAT CERTALN TRACT OR PARCEL OF LAND BEING A PORTION . OF GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8; A PORTION OF GOVERNMENT LOT 6 OF SECTION 9, A PORTION OF GOVERNMENT LOT 2 OF SECTION 16, AND A PORTION OF GOVERNMENT LOTS 1 & 2 OF SECTION 17, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND ALL THE LOT 5, BLOCK I, DONNER'S REPLAT AS RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 06 °45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8 AND 17 FOR A POINT OF BEGINNING; THENCE SOUTH 89 °28'50" WEST, ALONG SAID SECTION LINE, 106.50 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 2 OF SAID SECTION 17; THENCE SOUTH 00 °00'30" WEST, ALONG THE EASTERLY BOUNDARY OF SAID GOVERNMENT LOT 2, 75.00 FEET; THENCE SOUTH 89 °28'50" WEST, AND PARALLEL TO SAID SECTION LINE, 469.26 FEET TO THE EASTERLY BOUNDARY OF BLOCK 1 OF SAID DONNER'S REPLAT; THENCE NORTH 00 °11'34" WEST, ALONG THE EASTERLY BOUNDARY OF SAID BLOCK 1, 4.00 FEET TO THE SOUTH EAST CORNER OF SAID LOT 5, BLOCK 1; THENCE SOUTH 89 °28'50" WEST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 5, 176.00 FEET TO THE EASTERLY RIGHT OF WAY OF FRANCIS AVENUE AND THE WESTERLY BOUNDARY OF SAID LOT 5; THENCE NORTH 00 °11'34" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID FRANCIS AVENUE, 71.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SITUATED IN SAID SECTION LINE; THENCE SOUTH 89°28'50" WEST ALONG SAID SECTION LINE, 12.27 FEET TO THE SOUTHWEST CORNER OF THE EAST (112) OF GOVERNMENT LOT 15 OF SAID SECTION 8; THENCE NORTH 00 °31'10" WEST, ALONG THE WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY 01? GOVERNMENT LOT 10 01? SAID SECTION 8; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89 °03'10" WEST, 355,77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS; THENCE NORTH 01 °23'15" WEST, ALONG THE EASTERLY LINE OF SAID FAIRWAY VILLA, 1875.00 FEET THENCE NORTH 88°36'45" EAST, 470.00 FEET; THENCE NORTH 51 °45'15" EAST, 404.23 FEET TO THE MOST WESTERLY CORNER OF SEVILLA. GARDENS UNIT 2, AS RECORDED IN .. PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY PROLONGATION THEREOF, ALONG THE ARC 01? A CURVE THAT I5 CONCAVE TO THE 'NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A AGENDA ITEM # 7E AUGUST 12, 2013 CHORD BEARING SOUTH 47 °06'35" EAST; THENCE NORTH 59 °36'55" EAST, 90.85 FEET; ET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED ALONG A CHORD BEARING SOUTH 58 °35'55" EAST; THENCE SOUTH 12 °22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE DITCH AND /OR CANAL; THENCE SOUTHERLY ALONG THE WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND /OR CANAL, 2026.00 FEET MORE OR LESS TO A POINT WHICH IS 15.00 FEET EASTERLY OF A POINT THAT IS SOUTH 12 °22'05" EAST, 2071.75 FEET, FROM THE END OF THE LAST DESCRIBED CURVED LINE COURSE, SAD POINT BEING ON A WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9, SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OIL SAID PUBLIC RECORDS; THENCE NORTH 78 °03'10" EAST ALONG SAID WESTERLY PROLONGATION AND ALONG THE SOUTH LINE OF LOT 1, 332.00 FEET MORE OR LESS TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE (A 100 FOOT RIGHT OF WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 11 °56'50" EAST, ALONG THE WESTERLY RIGHT 01? WAY LINE OF SAID SELVA MARINA DRIVE, 750.00 FEET; THENCE SOUTH 78 °03'10" WEST, 450.00 FEET TO TILE NORTHEASTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 1270, PAGE 559; THENCE SOUTH 11 °56'S0" EAST, 270.40 FEET TO THE SOUTHEASTERLY CORNER OF SAID LANDS SO DESCRIBED; THENCE SOUTH 78 °03'10" WEST, 250.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS 1300K 1270, PAGE 559; THENCE SOUTH 11 °56'50" EAST, AND PARALLEL TO THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA DRIVE, 684.44 FEET; THENCE SOUTH 83 °42'10" WEST, 669.45 FEET; THENCE NORTH 06 °45'00" WEST, 1322,13 FEET TO AN INTERSECTION WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE SOUTH 89 °28'5O" WEST, ALONG SAID SECTION LINE, 301,78 FEET TO THE POINT 01? BEGINNING. TOGETHER WITH OFFICIAL RECORDS VOLUME 6444, PAGE 1270 AND OFFICIAL RECORDS VOLUME 7910, PAGE 0958. AND LOT 1, BLOCK 9, SELVA MARINA, UNIT NO. 5, ACCORDING TO MAP RECORDED IN PLAT BOOK 30, PAGE 29A, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. JAN.1742627_1 -2- MAO SMO,'IMG .i *JiflCY Cf vi. T i i .991:11! A.! A. i 1,441.!! 1 ! t561Y.4 +'•4Uf0. 4141040 40 1 (1!51[ C11XPor tl0C*•J1. ..71 p5_.l,H 1 a M kPDV' 4.65 f" , __ '¢99,,/191.5: `ti t•5 k13,,,43 [110114 0111.1■5- S41']140N Y1 4' f '` rs . ---F.4.411Nr ILte4 116 % [114111 [111•. D9 £ FlreAlt 19411' 4444 ,..'1 AGENDA ITEM # 7E AUGUST 12, 2013 ■ 1 Ir., T.14. r )Sr X1,4]1\141 IYT)1t'� ;'rr na ,> X191 Fornfttra .1 wirl 110 .11414 � .044,4. relit IYIY ltr:.1Y.N4 T1 6.1:.4 {,:1•_.. 11..4V1! 41144 l l0 ljt 414 4404041. 40 1941044 (6114 *,4.4 wD 441491_+. *14113/1 /R13 40.4(4 /MY5 11+114 omnanFiil 91¢41.M1a SO. 0, Iii Fhr 1,1 4441111! 14141 /124X11 re1lak 19 9t !+.4410 /74 "W. soon 011 !'2 9 •Si1.h, 114. ac N}HYU 4➢� %'rin 1 114 f 10314. f-W51 in fM 14 0Y, 41 0' l 41440 ow; calm `Hasa un 1444, fat • t >tdD' uu ;12itl!* 414Niats9M+'�i R �.O w T tin wY rornrsi .QrL"Py�G IT.31l A 4"F eg t 1;n 4 al4 N 14414 tSMll [+1041 1WM1'1 fitllf 4144` [m Vartatw / 14- 01}#41 • AGENDA ITEM # 7E AUGUST 12, 2013 ' MA® SHOWING SURVEY OF • Lor° /,I`''L9 0 :�« 9, • 154-4 V4 . , /114RIA r . U/v/ r . A' 3- , 1 ACCORDING TO MAP RECORDED IN PLAT BOOKL.t0. PAGE %S+A ` c*: ' . OF THE CURRENT PUBLIC RECO )S OF DUVAL COUNTY, FLbnwwA , SCAL,E 1" - L FOR ,02r/ >2!e) „ti'JE.v.r o 0ENOTts MON PIPP OUENPTE9 CO4CRETE MD11DNEUT • . , .;...q— x.,®x.._x- 'OGCiUTES Fkt•t U : •. 'P' ..-r."1 . • REC3; SURVEYOR CERT, NO i' i2&FIAK,STREET .1AI`Il CeNotwfl 1 e rl rsaIpr^ u�ld a11C ypyAPiva� In n l I !I 4"IJ aJwrs,� I€0 UN;II IIv •��1iu'l "' �iw�o.� "m i- 'e114ffkT'7[+faall AGENDA rrEM # 7E AUGUST 12, 2013 gq 1u'1 i -- AGENDA ITEM # 7E AUGUST 12, 2013 1.4.M.111■1111...111. 411M•11.0•1111.1141.111.4 ury{ OII$ yuw.ls�onoQ f "n pyamyd gfir) sunt I 414117.7444:1 4wwu rM I rina 71:11L 1W •Ina +ifg1R'4 IMMAI1 ti Si r J } AGENDA ITEM # 7E AUGUST 12, 2013 Exhibit "D" Atlantic Beach Country Club Planned Unit Development (PUD) /Special Planned Area (SPA) Written Narrative of Plan of Development Dartea ril-1-67 l �,2013 Current Land Use Designation: LDR (City of Jacksanvilie); RL (City of Atlantic Beach) Current Zoning District: RR and PUD (City of Jacksonville); PUD (City of Atlantic Beach) Requested Zoning District: P111) (City of Jacksonville); SPA (City of Atlantic Beach) RUH: 169399 -0000; 169399.0010; 172000-0000; 172024 -0000; 172027.0010 ;172027 -0030; 172029 -0000; 172036-0000; 172157-0000 NOTE: The development described in this Written Narrative includes property within the City of Jacksonville ("Cal Property, and property within the City of Atlantic Beach ("COAB Property')(collectively, the "Property'). This is intended to serve as a Written narrative both for a Planned Unit Development (PUD) on the COST Property and, for a Special Planned Area (SPA) on the COAB Property. The development described in this Written Narrative is a single family residential development, golf coarse, country club, recreational amenities, and associated roadways, access, stormwater, maintenance, and related facilities and infrvIstruclure All uses are part of a unified plan which will be consistent with the comprehensive plans far both the City of Jacksonville (COI) and the City of Atlantic Beach (COAB) and will meet the intent of the land development regulations in both jurisdictions as well. As is permitted under the COI regulations fora PAID and under the CRAB regulations for an SPA, this Written Narrative will allow for flexibility front the application of these regulations where it is necessary for a ratified and internally consistent development. OVERVIEW OF THE DEVELOPMENT Sclva Marina Country Club, Inc. (the Applicant) was incorporated in 1956 as a for -profit corporation. The sole asset of the corporation is the Selva Marina Country Club ("Country Club "), which consists of a private eighteen -hole golf course, clubhouse, tennis courts, and other recreational amenities, Mcmborship in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course, including the construction of new single family homes, a new clubhouse, and other associated facilities and infrastructure. EXHIBIT en File Page of AGENDA ITEM # 71: AUGUST 12, 2013 I. LAND USE ZONING AND USES: PROPERTY AN ) SURROUND] NC PROPERTIES, A. The COJ Property lies within the LDR land use category (lithe COJ Cormprthensive Plan and is zoned RR and PUD. The COAB property lies within the RL land usa category of the COAB Comprehensive Plan and is zoned PUD and RS -L. B. For all but the southwest corner attic Property, the Property is surrounded by single family, multifamily, public use, and vacant properties which lie within the COAB. These properties are within the RL, RM, R}I, and PISP and use categories of the COAB Comprehensive Plan and are within the RS. -t., RS -2, RG -M, PUD, and CO zoning districts of the COAB Land Development Regulations. At the southwest carrier of the Property, the Property adjoins commercial and residential properties which lie within the COJ. These propedies ann within the CGC, RPI, and MDR land use categories of the COI Comprehensive finer and are within the CCG -2, CCG -1, CRO, and RMD-A zoning districts of the City ofJacksonville Zoning Code. II, GENERAL PLAN FOR THE DEVELOPMENT. A. The development described in this Written Narrative is a single family residential development, golf course, clubhouse, recreational amenities, and associated roadways, access, stormwater, maintenance, and related facilities and infrastrauture, B. The Property is approximately 169,02 acres. The COJ Property is approximately 135,12 acres. The COAI3 Property is approximately 33.90 acres. C. Consistent with the variety of residential densities :Ind lot sizes which surround the Property and which are typical of the COAB, the development will include a varied mix of lot sizes and single family residential types. The Conceptual Site Plan filed with this application shows a mix of lot sizes and types. The total number of residential units shall not exceed 1- 80200 units. ,However, subject to the minimums and maximums shown on the Conceptual PUD Site Plan, the location and number of each of the varying lots sizes and types shown on the Conceptual Site Plan is conceptual only and may be subject to amigo, due to site engineering or other factors, without amendment or modification of the PUD/SPA. The single family residential uses will comprise approximately 34443949 acres, including approximately 34.363.44 , acres within CO3 and approximately 0-.03,5,00 acres within COAB. D, As shown on the Conceptual Site Plan, a golf course, related structures (bathrooms, shelters /stops, bathrooms, food, drink, eta.), maintenance facilities, cart barn, parking, and similar uses will be located around and among the single family residential uses. The golf course and related uses will comprise approximately -1-1-7,39111„61 acres, including approximately 9-14521,42 acres within CO.T and approximately 26e1-41,2„2.4, acres within COAB. Within the "Club Site" parcel as shown on the Conceptual Site Plan will he located a clubhouse and recreational amenities, which may include pool, cabana /clubhouse, pro shop(s), health/exercise facility, offices, tennis courts, other recreational court(s) and/or field®, JAM1/3391 91759028_ S 1 .2- AGENDA 1TFM 11 7E AUGUST 12, 2013 parking, storage, and similar facilities. The clubhouse and recreational amenities will comprise approximately 6.74 acres, including approximately 0.00 acres within COJ and approximately 6,74 acres within COAB. 1?. The "Club Site" parcel as shown on the Conceptual Site Plan includes a parcel of 1.1.2 acres (RE# 172000 -0000) which is located in COAB, currently zoned RS -L, and used for single fancily residential use. That parcel either will be incorporated into the clubhouse and recreational amenities use or will continue to be used for single family residential use consistent with the RS -I, zoning district in the COAB Zoning Regulations. C. As shown on the Conceptual Site Plan and as described further below, structures for vehicular access (secured gate and/or gatehouse) may be located at the entrance to the development at Dutton Island Road last, Strlictures for golf cart access (such as bridges or shelters) also may be Jocated throughout the development. The development also will include roadways, stormwater facilities, and other related facilities and infrastructure. The roadways and other supporting facilities and infrastructure will comprise approximately -10.4-5,11,88 acres, including approximately 9:0119.43 acres within COJ and approximately Z.0 acres within COAB. III. PERMITTED) USES: DEVELOPMENT T CRITERIA. This section of the Written Narrative addresses the following items: Permitted Uses and Structures, Permitted Accessory Uses and Structures, Minimum Lot Requirements (width/density /area), Maximum Lot Coverage by all Buildings and Structures, Minimum and/or Maximum Yard Requirements, and Maximum Freight of Structures. A, Sin rt,Lc family Residential. 1. Permitted MOO and structures. JAVA r.119191 590 Kl a. Single family detached dwellings, b. Essential services, inclining water, sewer, gas, telephone, cable, radio and electric, c. I -Tome occupations subject to the conditions in Section IIC,O, S below. cl. Courtynrxi Lots described below which are adjacent to the golf course, permitted uses may include units for daily /overnight rental; provided, however, (1) net the maximum number of Courtyard Lot units which may be used for daily /overnight rental is four (4) units located within the same courtyard lot configuration, (2) All such units shall he owned by the sane entity, which shall be the owner /operator ofa hospitality business, such -3- (3) AGENDA ITEM fi 7E AUGUST 12, 2013 as hotel(s) or resort(s), and shall be managed by an entity with ofhce(s) in Duval County.. All such units shall he subject to the restrictive covenants described below. 2. Maximum Iota number of residential units: ao 2,00, 3. Lot rat uir canals. As shown on the Conceptual Site Plan, lot requirements within the development will vary. The lot requirements are set forth below, 4. Membership in club, All owners of residential Tots within the development shall be members of the club, 5, Single Family -- 801189') Lots: Minimum lot l'egquir'esnei t ( width and area), I,ct coverage by all buildings, Minimum yard requirements, and A1'1ctxirruurr height of strucuuee or each Single Family use. a. Minimum lot requirement (width and area ), The minimum lot requirement (width and area) for single family uses is: (1) Width—Eighty (80) feet. (2) Area-8,000 square feet. b, Maximum impervious su face. Sixty -five (65) percent. c. lllinimurr yard requirements, The minimum yard requirements for all uses and structures (as measured from the wall of the s tructurc)are: (1) Front—Twenty (20) feet from face of garage to back of right-of-way and fifteen (15) feet from building face or porch to back of right -of -way; except comer/double- frontage lots, for which the non - address fi'antlside minimum yard shall be ten (10) feet from garage or building face to back ofright -of -way. (2) Side—Five (5) feet, provided that the combined wide yards shall not be less than ten (10) feet. (3) Ferri—Ten (10) feet. d. Maximum height of structure. Thirty -five (35) feet. 6. Slrrttfe F''uiiil - -7D'( 79'„i Low Minimum lot requirement (width and area), Lot coverage by u1l buildings, Minimum yard r'equir'ements, and JAX41 -/M 1y) 753n1211 81 -4- AGENDA ITEM 11 7E AUGUST 12, 2013 Maximum height oj'structure for each Single Fancily use. a. 112inimum lot regrrir•enient (width and area). The minimum lot requirement (width and area) for single family uses is: (1) Width— Seventy (70) feet. (2) Arcs 7,000 square feet. b. Maxinnimu impervious .surface. Sixty -five (65) per eat. c. .Minimum ycwrdl requirements. The minimum yard requIremenis for all uses and structures (as measured from the wall of the ,structure) are: (1) Front — Twenty (20) feet from face of garage to back of right -of-way and fifteen (15) feet from building fade or porch to back of right-of-way; except corner/double- frontage lots, for which the non- address front {side minimum yard shalt be ten (10) feet from garage or building face to back of right-of-way, (2) Side --Five (5) feet, provided that the combined side yards shall not be less than ten (10) feet, (3) Rear--Ten (10) feet, d. Maxinrmt height of structue, Thirty -five (35) feet. 7. Sinkle Family—WI-691 69 "1 Lots: Minimum lot requlrentent (width and area), Lot coverage by all buildings, Minimum yard requir•errre►rts, and )l4axirratmt height of,slrtrcttrre fir each Single Family use. aa. Minh/Win lot requitement (width and area), The minimum lot requirement (width and area) for single family uses is: (1) (2) Width —Sixty (60) feet. Area -6,000 square feet. b. M'axiinu r impervious =face. Sixty -five (65) percent. c. Minimum m yar d requirements, The minimum yard requirements far all uses and structures (as measured from the wall ofibe structure) arc: (1) Front Twenty (20) fee. from (ace of garage to back of right -of -way and fifteen (15) feet from building face or poreh to back ©fright -of-way; except corner/double- anx\WAWA/5900_1n -5- AGENDA ITEM # 7E AUGUST 12, 2013 frontage lots, for which the non - address front /side minimum yard shall be ten (10) fact from garage or building face to back of right-of-way. (2) Side— Five (5) feet, provided that the combined side yards shall not be less than ten (10) feet. (3) Roar —Ten (10) feet. d. Maximum height ofstr uc . ure. Thirty -five (35) feet. S. Single FwnIlp - -S ''( -S9'. Lets. lot requirement (width and area), Lot coverage by ail buildings, Minimum yard requirements, and hlaxlrnrwrnm height of structure ucture for each Single Family use a. Minimum lot requirement (width and area). The minimum lot requirement (width and nrca) for single family LIMOS ig: (1) (2) Width —Fifty (55) feet. Area -5,500 square feet. b. Maxlrmurr: hrrpervioussrrrfcrce. Sixty-five (65) percent. c. Mein/mum yard requirements. The minimum yard requirements for all uses and sanctums (as measured from the wall of the structure) are: (1) Front—Twenty (20) feet from face of garage to back of night - of-way and fifteen (15) feet from building face or porch to back of right -of -way; except corner /doublc- fontage lets, for which the non - address frontlside minimum yard shall be ten (10) feet from garage or building face to back of right-of-way, (2) Side Five (5) feet, provided that the combined side yards shall not be loss than ten (10) foot. (3) Rear—Ten (10) feet. d. Maximum height ofstr ucture. Thirty -five (35) feet. 9. Crrrtryyarri,5 "irr le `am ily Lois. Minimum iof requtretrrenrt ('width and area), Lot coverage by all buildings, Minimum yard requirements, and Maxlrrnum height of strucfui e for each Single Family arse. DOW-7339M 759028_31 a. Minimum lot requirement (width and area). The minimum lot requirement (width and area) for single family use is: -6- AGENDA ITEM # 7E AUGUST 12, 2013 (1) Width —Fifty (50) feet. (2) Area- -4,000 square feet. b, Maximum imperviousstuftce, Sixty -five (65) percent. c. Minimum yard recruirements. The minimum yarcl requirements for all uses and structures (as measured from the wail of the structure) are: (1) (2) (3) Front — Twenty (20) feet from centerline of private access driveway, ten (10) feet from public street right-of-way, and in (10) feet from building face or porch to lot boundary. Side—Five (5) feet, Reim ---Ten (10) fact. d. Mt,xlrrrwn height of structure. 7711rlyalve (35) fet. e. Thematic pion. Attached as Exhibit _ is a thematic plan depicting a potential lot layout for the Courtyard Lots, Lot and access configuration may vary from the thematic plan. 10, Patio. Patios, including screened patios (without a structural roof), outdoor during, terraces, courtyards, or similar exterior structures shall be permitted for each unit and may be located within sick or rear yards but shall not be located within five (5) feet of any property boundary, 11. Mrtaiittion Heights. Maxirnunr heights shall be subject to Article XIV, Section 59, of the Charter of the City of Atlantic Beach and the definition of "height" as provided in the COAB Zoning Regulations. 12, ,ragervJnrrs �rrrttr_cc� tic'Iiutlfin�i. As used in this PUD /SPA Written Narrative, "impervious surface means: those surfaces that prevent the entry of water into the soil. Common impervious surfaces include, but are not limited to rooftops, sidewalks, ratio areas, driveways, parking lots, and outer surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more niches above (he ground shall not be considered impervious provided that the ground surface beneath the docking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwatcr and which allow the percolation of that stonnwatcr shall not be considered impervious areas. Swimming pools shall not be considered as impervious surfaces because of choir ability to retain additional rainwater, however, decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving JAXU73.I014173902R. KI -7- AGENDA ITEM H 7E AUGUST 12, 2013 systems shall be calculated as filly (50) percent impervious surface, provided that no barrier to natural percolation of water shall be installed beneath such material. Open grid pavers must be installed on a sand base, without liner, in order to be considered fifty (50) percent impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposers to open grid pavers) do not qualify for any reduction in impervious area, regardless of type abase material used 13, RS-1,--COAB Pared of 1.12 acres (R.L# 172000- 0001 As described above, $1s an alternative to the Clubhouse/Recreational Amenities use described below, as COAB parcel cif 1.12 acres (81,1,1 172000 -0000) may continue to be used for single family residential use consistent with the RS-I, zoning districl as described in the COAB Zoning Regulations. IL Clubhouse/Recreational Attisnitiele, l , Penntlfed uses and str°uclures, i. Clubhouse (maximutn of30,000 sq. ft.) and recreational amenities, which may include pool, cabana/clubhouse, spa, saunas, pro shop(s), health/exercise facility, offices, tennis courts and associated lighting and fencing, other recreational court(s) Emdlor field(a) and associated lighting and fencing, storage, and similar facilities. b. Outdoor social events, including parties, weddings, and holiday events, with associated uses including outdoor service of food and beverage, including alcoholic beverages, outdoor music, fireworks, and similar activities. c. Sale and service of food and beverage, including alcoholic beverages, d, Retail sales of recreation-related items at pro shop(s). o. Golf earl maintenance and/or storage. f Gssential services, including water, sewer, gas, telephone, cable, radio and electric, 2. Minimum lot r.egulremcnd. Four (4) uares, 3. Maxlmrrrrr impervious swim, Lighty -five percent (85fs), 4, ] inirirrim yard requlr errments. 'Ilia minimum yard requirements for all uses and structures (as measured from the wall or the structure) are: (1) Front — Twenty (20) feet, (2) Side —Ten (10) feet, or five (5) feet with buffer as provided below. rnxrsfagionsm -8- AGENDA ITEM # 7E AUGUST 12, 2013 (3) hear —Ten (10) feet, or five (5) feet with buffer as provided below. 5. Maximum height of'str•uctrrre. Maximum heights shall be subject to Article XIV, Section 59, ofthe Charter of the City of Atlantic Beach and the definition of "height" as provided in the COAB Zoning Regulations. 6. Recreational use troffers and lighting, The tennis courts, pool /cabana, and other outdoor recreational court(s) or tielci(s) shall be buffered with a minimum 5-font wide landscaped buffer from the Property boundary. This buffer shall he planted and maintained with shrubs or trees that provide an opaque: vegetative buffer. Buffers as required above may include fences or walls, pmvidcd that no solid fence ar wall within any such buff r shall exceed eight feet in height. This height limit shall not apply to the types of fencing customarily used to enclose tennis aowts. Lighting in any location shall be directed away from residential dwellings, and no tennis courts in any location shall be lighted later than 10 :00p,t m, C. Golf Course. 1. Permitted Ines and structure&, a, Golf count:, practice facilities and associated lighting and fencing, related structures (bathrooms, food, drink, etc.), "starter" or "half way" houses or shelters /stops, maintenance facilities, and similar uses. h. Golf cart maintenance tld /or storage. c, Sale and service of food and beverage, including alcoholic beverages, at "starter" or "halfway" houses or shelters /stops or from service carts. d. Essential services, including water, sower, re -use, gas, telephone, cable, radio and electric, 2. Minimum lot requirement (widib and area). None. 3. M'rrxi m1,111lot coverage by rill buildllrlg None. 4. Minimum yard r.eluiremcntbs, None, 5, Maximum height of structure. None, 1). Accessory Uses and Structures. JAX.a 330191739oLsl -9. AGENDA ITEM # 7E AUGUST 12, 2013 Accessory uses and structures are permitted if those uses and structures are of the nature customarily incidental and clearly subordinate ton permitted principal use or structure and those uses and structures are located on the same lot (or contiguous lot in the same ownership) as the principal use. Whether attached or detached to a building or structure containing the principal use, the accessory structure shall be considered a a part of the principal brt'rkling, Accessory uses shall not involve operations or structures not in keeping with character of the district where incated and shall be subject to the following: 1. Accessary use shall not be located in required front or side yards except as follows: a. Detached accessory structures such as carports, covered parking, or garages for vehicles or golf certs which are separated from the main structure may be located in a required side or rear yard but not less than five (5) feet from a lot line. If bonus rooms pre located above such an accessory structure, then such structure also shall be not less than five (5) feet from a lot line, The total number of buildings on any lot zoned for single- family use shall not exceed three (3) including the principal use structure, detached carports /perking /garage, and any other detached building. b. Air conditioning compressors or other equipment designed to ,serve the main structure may be located in a required side or rear yard and may be located not Icss than tlucc (3) feet to the property line. c. Swimming pools and associated screened enclosures (without a slructutal roof) may be located in a required roar or side yawl but may not be located leas than five (5) feet from the property line or top of the bank of a pond„ whichever is applicable. 2. Accessory uses and structures in a residential district shall include noncommercial greenhouses and plant nurseries, servants' quarters and guesthouses, private garages and private boathouses or shelter's, toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private ball courts, private barbecue pits, outdoor fireplaces, ornamental pools, gazebos, and swimming pools, facilities for security guards and caretakers and similar uses or structures which are ofa nature not likely to attract visitors in larger number than would normally be expected in a residential neighborhood. Any structure under n cornmun roof and meeting ell required yards is a principal structure. The maximum height of an accessory structure shall not exceed twenty -five (25) feet. 3. Land clearing and processing of land clearing debris shall be accessory uses; provided, however, land clearing debris may be processed only in conformity with applicable fire codes and other chapters of the applioublc code to the extent those chapters are applicable. 7AVII7319 1,917AMLKr -10- AGENDA ITEM # 7E AUGUST 12, 2013 4. Essential services (utility systems) shell be allowed as apermitted use subject to Lite following conditions: a. Central water systems, sewerage systems, re -use systems, utility lines, and easements shall be provided underground and in accordance with the appropriate sections of the code. 5, Home occupations shall be allowed subject to the following conditions: a. The use of the premises for the home occupation shall be incidental and subordinate to its use for residential purposes by its occupants and shall, under no circti►nstances, change the residential character thereof. b, 'There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, c. There shall be no equipment or process used in the home occupation which creates excessive noise, vibration, glare, fuines odors or electrical interference dotoetable to normal senses off the lot. d. In the case of electrical interference, no equipment shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises. Access, 1, Access will be provided as shown on the Conceptual Site Plan via Solve Marina Drive end Dutton Island Road Bust, 2. Golf earl access may be provided to adjoining properties pursuant to private access agreements. 3, The location and design of the access at Selva Marina Drive shall be subject to the review and approval of the COATI Planning and Zoning Department and Public Works Department. '1. The location and design of the access at Dutton Island Road East shall be subject to the review and approval of COAB. Within the existing right-of- way, Dutton Island Reed Past shall be improved to a minimum pavement width of twenty feet (20') to the specifications directed by COAB Planning and Zoning Department am! Public Work Department. Pedestrian and vehicular access nt Dutton Island Road Last shall be secured inside the Properly to limit access to residents ethic development within the PUD /SPA, eonunervial traffic to and from the JAX1,17.r.m191i AGENDA ITEM t, 7EE, AUGUST 12, 2013 ClubhouseiReereational Amenities uses end Golf Course uses, and construction traffic for development within the PUD/SPA. Structures for vehicular access [secured gate(s) and /or gatehouse, mail kiosk, community bulletin board, etc.] may be !meted at the access inside the Properly.. 5. All internal roads will be dedicated public streets, designed to Cal specifications, and dedicated to the Calf of COAB except (i) the portion of the internal roadway system connecting the system to Dutton Island Road East and (ii) internal driveways into Courtyard Lots as described above, which may be an approved private road with access easements for permanent access to the residentinl units. 6. The configuration and design of the internal road system, including roads, any traffic eircles, and intersections, shall be subject to the review and approval of the COAB Planning and Zoning Department and Public Works Department. Features which will be permitted include: Miami - type curbing on landscape islands and other appropriate locations; sixteen foot (16') pavement width at appropriate locations for traffic calming; and brick pavers, stamped concrete, or stamped asphalt al appropriate locations, The internal roadway system shown on the Conceptual Site plan is schematic only and may be subject to realignment prior to development, due to site engineering or other factor's, without amendment or modification of the PUi /SPA F. Sitnage. 1. Community identification monument signs will be permitted within the Property at the access points to the PUD /SPA at Selva Marina Drive and at the terminus of Dutton Island Road East. These signs shall not exceed eight (8) feet in height and thirty -two (32) square feet in area (each side) excluding border and columns, may be two sided and externally illuminated, and may identify the club, golf course, and residential uses. Alternatively, these signs may be designed as catty towers, 1, 2, 3 or 4 sided (or cylindrical), an a maximum of thirty -two (32) squat's feet per side excluding border, base or foundation, and lower cap, a maximum of twenty -four (24) feet in height, The entry towers would be architecturally consistent with the clubhouse and chili facilities. Existing signage for the club at the intersection of Solve Marina Drive and Seminole Drive may be redesigned and updated for the club, golf course, and residential uses, and continues to be maintained by the Country Club. The sign may be externally illuminated, 3, At the Clubhouse/Recreational Amenities and the Golf Course, wall signs are permitted and shall not exceed ten (10) percent of the square footage of the occupancy frontage or respective sides of the building facing the Public rights-of-way. In addition to wall signs, awning signs are permitted JAX11 73341117591128- -12- AGENDA ITEM 1l 7E AUGUST 12, 2013 and shall not exceed ten (10) percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights -of- -way; provided, any square footage utilized loran awning sign shall be subtracted from the allowable square footage that can be utilized for wall signs, Under canopy signs also are permitted. One (1) under the canopy sign per occupancy is permitted not exceeding a maximum of twenty (20) square feet in area per side; provided, any square footage utilized for an under the canopy sign shall be subtracted from the allowable square footage that can be utilized for wall signs. 4. Directional sign: indicating activities, buildings, common areas, and other features within the Clubhouse /Amenities and Golf Course uses will be permitted, The design of these signs should reflect the character of the use identity signs and may include the project logo and name. For predominantly vehicle directional signage, such signs shall be a maximum of four (4) square feet in area per sign face. For pcclestrinrr directional signage, such as privately maintained "informational side walk kiosks", 1, 2, 3 or 4 sided or cylindrical), such signs shalt be a maxinmrn of twenty (20) squnr'e feet per side and a maximum of twelve (12) feet in height. All Vehicular Control Signs shall meet the requirements of the Manual on Uniform Traffic Control Devices; privately maintained street signage with with decorative post(s) and finials are permitted, 5. Real estate and construction and temporary signs are permitted. Signs of a maximum of thirty -two (32) square feet in area and eight (8) feet in height for model homes also shall be permitted. 6, Because; all identity and directional signs are architectural features intended to be compatible with and complimentary of the buildings in the PUD, they may fie located in :structures or frames that are part of the architecture of thc project. Accordingly, sign area for all such signs as well as wall, awning, and under the canopy signs, shall be computed on the basis of the smallest regular geometric shape encompassing the outermost individual letters, words, or numbers on the sign 7. banner signs may he permitted pursuant to Section 17-33 of the COAB Ordinance Code. 8. Signs required by environmental permitting to be posted in common areas environmental such as stormwater facilities shall be permitted. G. ConstrILetivn offices /inodel heroes/real estate sales. 1. On -site, temporary construction offices /model ltornes /stiles offiees/olub membership marketing will be permitted until build -out. Real estate sales activities and club membership marketing arc permitted within model horn es. Associated parking for sales activities is permitted adjacent to J A XI i 731919! $5 `?C42LIO -13- AGENDA ITEM # 7E AUGUST 12, 2013 model homes, Upon the approval of construction plans for the infrastructure improvements for residential development within the PUD /SPA, the Applicant may seek and obtain building permits for the construction of up to twenty percent (20 %) of the residential units prior to the recordation of the subdivision plat(s) for the residential lots. > I. Landscaping and Tree Protection.. For the Single Family Residential and Ooif Course uses, tree protection during dovelopment will be governed by Section 656.1204 et seq. of the COJ Zoning Code, Landscaping will be governed by the design standards in Section 24 -176 et seq. of the COAB Ordinance Code. In tree protection efforts and Irrndscrrping design, maintenance of existing trees or re- planting dims on site shall be preferred to mitigation. For the Clubhouse /Recreational Arnenilies usc,1andscaping and tree protection will be provided in accordance with Suction 24 -176, et seat. (landscaping) and fart 11, Chapter 23 (tree protection), COAB Ordinance Code. For the Clubhouse/Recreational Amenities and Golf Course uses, parking shall be provided in accordance with Sections 24 -161 and 24 -162, COAB Ordinance Code. J. Sidewalks/Pedestrian Circulation. For the Single Family Residential and Golf Course uses, sidewalks and pedestrian circulation will be provided in accordance with the COJ Comprehensive Plan and Code of Subdivision Regulations. In particular locntions, sidewalks may accommodate golf carts. As provided in Section Iil.B.4 above, pedestrian access to Dutton Island Road Bast may be secured. For Clubhouse /Recreational Amenities uses, sidewalks and pedestrian circulation will be provided in accordnnce with Part 11, Chapter 19, COAI3 Ordinanee Code, K. Restrictive Grits. Restrictive covenants will he recorded prior to the sale of Single Family Residential lots to provide for thematic consistency and for the review of individual building plans by an architectural review hoard. L. Owners' Association An owners' association will be established to maintain common areas. Gelf Cart Usage and Circulation. 1,434\144,141917Majlj -14- AGENDA ITEM # 7E AUGUST 12, 2013 Notwithstanding any COd or COAB Ordinance Cede provisions to the contrary, golf carts may be used on all internal roadways and sidewalks within the PUD /SPA. Unless other wise lawfully permitted, no golfcart shall be used on Solve Marina Drive. N. Nuptrlementary Reaulatirnrs. For the Single Family Residential and Golf Course cases, to the extent not otherwise addressed herein, any matters addressed in I'art 4, Subpart 11 "Miser llancous Regulations" of the C©l Zoning Code shall be governed by such provisions. For the Clubhouse/Recreational Amenities use, to the extent not otherwise addressed herein, any matters addressed in the Part II, Chapter 24, Article III, Divisiorl 7 "Supplementary Regulations" COAI3 Ordinance Code, shall he governed by such provisions.. o. a Development Drktrt Total acreage Allowable uses, by acreage, 169.02 Acres Single Family Residential Max, •1- 80209 units Acres ?444 39A9 CCU-- COAli- t t18$,Q 0 Nurnber and Type of Dwelling Mils by Each Typo 80' min, width Min. 15 units Max, 511 itniis 70' min. Min. Max. width 10 Units 45 units 60' min. width Min, 25 units Max. 41070 units 55' min. Min. Max. width 25 units 641 ►emits Courtyard Min. Mete O units 6S$.Q units -15- AGENDA ITEM # 7f; AUGUST 12, 2013 IAMa - 39lnL77_3902$.a1 -16- Max 30 units IAMa - 39lnL77_3902$.a1 -16- AGENDA ITEM # 7E AUGUST 12, 2013 Clubhouse /Recreational Max. Acres Amenities 6.74 COI— .QDi &I, ft. 0.00 COAB- -6.74 Golf Course Acres .14749 CM7 -- 171,259 JAZ COA13- 26.1,E 9.94 "fetal amount of active recreation Total amount of passive open space Amount of public and private right -of -way Maximum impervious surface IV. ADDITIONAL SECTIONS REQUIRED A. 'rc- application conference, A pre - application confercnee was held regarding this applicu ion on March 7, 2013. 11, Justification far the PUD Rezoning. Q4,-1-310135 aores 0.0 acres 10-.45ilsi acres Single Family Residential 65% Clubhouse/ Recreational Amenities 85% BY CITY OF JACKSONVILLE As described above, Selva Marina Country Club, Inc. was incorporated in 1956 as a for - profit corporation. The sole asset afore corporation is the Country Club, which consists ofa private eighteen -Mile golf course, clubhouse, tennis courts, and other recreational amenities. Membership in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course, including the construction of new single family homes, a new clubhouse, and other associated facilities and infrastructure. This redevelopment is essential to ensure the contitmed viability of the Country Club and, titrther, is consistent with the surrounding zoning and existing uses, anx4a7 a91f 152018_ dl -17- AGENDA ITEM 1/ 7E AUGUST 12, 2013 C. P1M/Difference from Usual Application of tke Zoning Code The PUD differs from the usual application of the Zoning Code in the following respects: it binds the Applicant and successors to this Written Narrative and the Conceptual Site Plan; it provides for sa mix °fuses which are thematically consistent and compatible with each other; it provides for a single regulatory system which crosses two local government jurisdiction; it requires specific and unique yard and patio requirements; it provides for a unique Courtyard Single Family Homes concept; as to the Clubhouse/Recreational Amenities use, it provides specific and unique buffer requirements; for the ClubhousefRecreational Amenities and Golf Course uses, it also specifically lists tremorous permitted uses commonly associated with these uses but not otherwise listed in the Corse; it provides i'or unique and site - specific access requirements; it provides for unique and site - specific signage requirements; it contains unique and specific provisions regarding construction offices and model homes; it contains unique, cross - jurisdictional provisions regarding landscaping, parking, and sidewalks; and it contains unique provisions regarding restrictive covenants and golf cad usage. D. Permissible Uses b l,xcention. There are DO permissible use by exception. E. Continued Operation of Common Areas. Regarding the intent for the continued operation and maintenance of those areas and functions and facilities which are not to be provided, operated, or maintained by the City of Jacksonville or other public entity: it is the Applicant's intent for the Applicant or successor developer to operate and maintain these matters initially and, ultimately, for an owners' association to operate and maintain these matters in perpetuity. F. Approximate Dates of Phases Regarding phasing, construction of the horizontal improvements for the Single Family Residential and improvements for the Golf Course uses shall be initiated iu approximately 21113 -14 and be completed approximately in 2014 -15. Construction of single family residential units will be initiated when the market dictates and will be completed as the market dictates. Construction of the Clubho ase1Reereationral Amenities will be initiated when needed and feasible and will be completed within a reasonable time thereafter. 0, No inn of Development Team Developer: Atlantic Beach Partners, LLC Planners and Engineers: Taylor & While, Inc. Architects: None at this time. 1/5011 -7}.1 17;95'2 $1 -18- FL Land Use TM)le A Land Use Table is attached hereto es Exhibit "E ®" JAXU74 l9L 721 al -19- AGENDA ITEM # 7E AUGUST 12, 2013 AGENDA ITEM # 7E AUGUST 12. 2013 Document comparison done by Woricshare L)eltaView on Wednesday, May 22, 2013 3:48:56 PM Input: Document 1 InterwovenSlte :IRTLAW IMAN ..CMS/JAX/1733919/8 Document 2 interwovenSite:1 IRTLAWAIMAN- CMS/J',AX/1759028/1 Rendering set standard Legend: In Deletlien Insertions Moved to Style change Format dna gc 4oveci- deletion Inserted cell Moved to Deleted cell Style change ,Moved cell Format changed S Iit/Mer ed cell Total changes Padding cell Statistics: Count Insertions 29 Deletions 28 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 57 AGENDA ITEM # 7E AUGUST 12, 2013 TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB PREPARED BY: TRANSPORTATION PLANNERS ENTERPRISE, INC. JACKSONVILLE, FLORIDA TPE JOB NO. 13 -2554 DATE: MAY 20, 2013 TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB Introduction The existing Selva Marina Country Club is planned to.be redeveloped into 200-single-family residential dwelling units and a complete redesign of the 18 -hole golf course and clubhouse. Figure 1 shows the general location of the development. Figure.2 and 2A show aerial views of the area.' Figure 3 shows conceptual site plan. Traffic impact'is always a major concern with'relatively large developments. Hence, this traffic study focuses on: 1) the AM and PM peak hour traffic at: a)Selva Marina Drive and Seminole Beach'Road, b)Seminole Beach Road at the five -way road intersection with Plaza Drive and Sherry Road, c)Selva Marina Drive at the main entrance to the Country Club - Golf Course,and d)Mayport Road at East Dutton. Island Road Which leads to the planned main gated entrance for the Atlantic Beach Country Club residential' development). Transportation Planners Enterprise; Inc...(1PE). was retained to: 1) estimate the AM and PM peak hour traffic generation, 2) estimate the average trip distribution to adjacent roads during these peak hours and 3) determine,if any traffic safety and intersection improvements will be .needed due to the development's traffic impact. •2013 Ate and PM Peak Hour Traffic, TPE's initial major work effort was to conduct peak period traffic surveys at the above four mentioned intersections. AM counts were made during 7:00 -8:45 while PM counts were made from 4:00-5:45. The count at the present main entrance to the Selva Marina Country Club and Golf Course was made during 3:15 --5:45 PM. No AM surveys were made at the Country Club or at Mayport Road and Dutton Island Road. On March 13, 2013, TPE conducted 4:00 -6:00 PM traffic counts at two key residential streets on Mayport Road at Dutton Island Rd. and at Levy Road /Donner Road. In addition, a traffic count survey was also completed at the Selva Marina Drive and Seminole Road intersection. It should be noted that traffic to and from the Chevron gas station and the Hardees restaurant at the corner of Levy Road is not included in the traffic results. Figure 4 shows the 2013 PM peak hour traffic data. A summary of the left and right —turns to and from Mayport Road for the combined two residential streets is given below: PM Peak Hour Inbound Traffic Outbound Traffic Traffic From North From South To .North To South (4:30 -5 :30) volume 86 236 82 133 % of total Inbound traffic 26.7% 73.3% 38.1% 61.9% The PM peak hour during the two hour survey was -4:30 - 5:30. A total of 322 inbound and 215 outbound vehicle trips to and fromuthe two primarily residential streets represent an estimated 500 -600 homes. These trip distribution results were used for the Atlantic Beach Country Club residential development traffic estimated to use Mayport Road. Figure 5 shows the AM peak hour traffic at Selva Marina Drive and Seminole Beach Road. Traffic on Selva Marina Drive is relatively low with a total of 129 vehicles (93 southbound and 36 northbound). The level of service (LOS) is "B" or better. Seminole .Beach Road traffic is much higher (610). However, the L.O.S. is satisfactory at "C." Figure 6 shows the PM peak hour traffic at Selva Marina Drive and Seminole Beach Road. The traffic count made on March 13, 2013(see Figure 4) appeared low compared with TPE's traffic counts at the Country Club entrance . and at' the Seminole Beach Road five- way•intersection at Plaza Drive and Sherry Road. Hence, TPE's 2007 PM peak period traffic count is•shown. This is.more•consistent with the abode referenced 2013 counts. PM peak hour traffic on'Selva.Ma =ina Drive totaled 161 (L.O.S. "B ") while Seminole Beach Road traffic totaled.'618 south of Selva Marina • (L.O.S. "C ").).(See,TPE's count on Apri1.16',.2013 in Appendix- Figure 6A), Figure 7 provides the.AAiril 10, 2013 7:30 -8:30 AM peak hour traffic • entering and exiting the five -way intersection of Seminole Beach Road, ;Plaza Drive and Sherry Road.'818 vehicles entered the intersection during the AM peak hour.'The primary movements were to and from Seminole Beath :Road and to and fro North Seminole Beach Road and Sherry Road.•. . TPE's observation revealed very efficient traffic flow. (note - less •• 'delay time' than if a traffic signal was in- operation.) Figure 8 shows the 4:30 -5:30 PM peak hour traffic movements at the five -way intersection. 847 vehicles entered and exited during the peak hour. Again the traffic safety and flow.was very good. The highest vehicle back -up was 8 -10 vehicles on Seminole Beach Road: southbound.' The end vehicle took about 45 -50 seconds to enter the intersection. The estimated average "for all 847 vehicles was. 12-20 seconds. Figure 9 shows the 4:30 -5:30 PM peak hour traffic survey at the existing Selva Marina Country Club main entrance. During the 3:15 -5:45 PM survey there. were 33 inbound tripe•and 38 outbound vehicle trips. During the PM peak hour, as shown, there were 14 inbound and 26 'outbound vehicle trips. The expected PM peak•hour• traffic generated by the'planned Atlantic Beach Country Club clubhouse and golf course is expected to have slightly more trips than the existing Selva Marina Country Club. It is significant to note that nearly 20Z of the present outbound traffic uses Country Club Lune. • Estimated PM Peak Hour•Traffic Generated by Planned Atlantic Beach Country Club Development TPE used the Institute of'Transpottation'Engineers (ITE) trip generation manual to estimate the average weekday PM peak hour traffic expected by the development. The 200.single- family homes will average127 inbound and 75 outbound vehicle trips during. the PM peak hour according to ITE Code 210 (single - family detached housing). During the AM peak hour, the residential units will average 38 inbound and1I2 outbound vehicle trips. The Country Club will be private and is expected to average 22 inbound and 28 outbound vehicle trips during the PM peak hour. Many of these trips are. expected to be made within the development (20 %). Hence, 18 inbound and 22 outbound vehicle trips will leave or enter the golf course• during. the PM peak hour. TPE assumes that only one -third of these trips will be "new" trips. (See Figure 14). These golf trips are expected to use the Selva Marina Drive access. This is the case at present. Figures 10 and 11 show TPE's trip distribution on' Mayport Road of the expected AM and PM peak hour traffic generated by.the development at build -out, assumed by .Year 2016. In order•to b'e Coniservative, TPE assumed that 33% of the residential development traffic. to and 'from the site• will use . Selva Marina Drive. TPE'believes that it will be much lass' (e.g. 25 %). The estimated PM peak hour residential development traffic (46 outbound and 79 inbound - see Fig. 11) is based on. TPE's traffic counts on Mayport'Road, as mentioned' earlier. 26.5% of the total inbound trips or 21 will come from Mayport Road north and 73,5% or 58 will be from the south. The estimated outbound trips during the PM peak hour are 18 rights north onto Mayport Road and 28 lefts south onto Mayport Road. The-existing. traffic signal will be able to accommodate these'movements. Figure 12 shows the estimated new traffic along Selva Marina Drive at the. main entrance for the Country Club to Seminole Beach. Road. As mentioned above most the existing Country Club golf traffic generated by Selva Marina will be included in the Atlantic Beach Country Club - golf traffic. However, TPE assumes there will be 6 inbound' and 7 outbound "new" trips related to the .new Country Club. As shown, .an estimated 42 inbound and 25 outbound vehicle trips are estimated to be generated by the new residential development. Figures 13 & 14 show the, expected 2016 total traffic at the Selva Marina Drive and Seminole Beach Road intersection. The. Year 2013 traffic plus the estimated new traffic generated by the planned Atlantic Beach Country Club is shown. Year _2007 (previous TPE study), Year 2013 and estimated 2016 traffic is shown below hour traffic. ;,1 A summary of the estimated 2016 PM peak hour traffic compared to Year 2013 is given below: Year Road 2007 1)Mayport ltd. (4 -lane) (2) . a)north of Dutton Island Rd. 2,912 b).south of Dutton Island Rd. 3,023 Year 2016(1) Service Volume /', Year Without With 2013(4) Development' Development L:O.S. 2351 2628 2,649/C 4200/C 2674 • 2755 2,813/C 4200/C 2)Seminole Beach Rd. {2) . a) south of Salve Marina Dr. ' 618 618 •3)Selva Marina Dr.(2) 161 161 637 161 • 765/C 870/C 235/B 500 /C Even with the development traffic, the above roads will not have traffic over • the capacity of the roadway. (1) assume 1% annual growth rate from 2013 to 2016 for non - development traffic (2) PM peak hour 4:30 -5:30 Figures 15 & 16 show the 2013 AM and PM peak hour traffic and the estimated Atlantic Beach Country Club new traffic traveling through the five -way intersection at Seminole Beach Road and Plaza Drive. The'existing traffic distribution to and from North Seminole Beach Road from and to the other four roadways was used to estimate the development's traffic. During the M peak hour the development will add 59 new vehicle trips through the intersection or'an 'increase of 7.21 %. The development's 71 new vehicle trips will add 8.38 %,to the existing 847 entering traffic during the PM peak hour. ' The increase in traffic will average about one vehicle per minute. Hence, the traffic impact will be very minor and is not expected to significantly increase the average delay time per all vehicles, Recommended Road Improvements for planned Atlantic Beach Country Club Develbpment� -__-__ The following road improvements are fur the new residential development. (1) Construction of a 2 -lane east -west roadway from the development westerly to Mayport Road with a direct connection at the Dutton tsland'Road traffic signal,. A left -turn lane and thru -right lane 'at Mayport Rd. will be provided along with appropriate traffic signal modificationsXe.g. cluster head, loops, retuning operation, etc.) Design and permit application will be submitted to the Florida Department. uf Transpprtation as well as the City of Atlantic Beach for review and approval: 2) Construction of the development 2 -lane connection • to Selva Marina Drive using the southern main entrance at the present Selva Marina Country Club. For Selva Marina Drive; traffic safety control devices (e.g.- signs, pavement markings, speed limit signs, etc.) will be determined as needed for convenient and safe traffic . An improved northbound left -turn lane for access into the new clubhouse will be made. 3). The outbound right -turn radius on Selva Marina Drive will be improved and pavement striping may be provided to better separate inbound and outbound traffic. Conclusion The planned•Atlantic Beach Country Club development should be'approved by the City of Atlantic Beach and other agencies as required for design plan approvals and permits. The expected traffic impact on.Mayport Road, Selva Marina Drive, Seminole Beach Road and at the Seminole each Rd. - Plaza Drive - Sherry intersection will'be minor. aha Ward Koutnik, President 7 zo Rayne L. Oehlman, P.T. 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PLANNED — ATLANTIC BEACH COUNTRY CLUB r-- • OF 0;'. PpEA ��9 C RfSrq � �pc CqC/ t^i y?xsy'r'hrFS}at �R �o fp,14,04 *6.4.1 q ��qCl , ,..: R7T 9 7, I Nf[LRS'_.i, 1 �;vaq?nOg7 0 "'sL�?�i`=� ■ 3Hp, ` >: tpo MotuRD•g•7a4 ,p to 90� �y 1;'AVATIiTRO " -._y m qi'f r ,�lBea �:� � -- -jam -- - -- ' tle • NoO- • to • .1-V - t11 CLUE DR 8TH AVE '. 1.V 11E NWEWciR�CEM(Ay ST 11ER'SF1oi N `• . Q . .x c •� 3RDST_J- tic 2ND S SiT4 CDQNdLDNT Fffi1_ PyLU¢I ST z�z��4�n'LE�TEON 1 iE , �C ` Ha110i �nRGQsT r t�os�SP D6YCPo6UTLNc t o s �• -1 C1) HERAY'ST I INGSo o c� o 9:' n mtp ! •.'{ . -V♦kC� { 1 S.UP:• fYC W%007GZ gS01 °Wpij,b� �p'9EgCtiC$fIAeEA Al. -1 pgOA s c $Y u„- A v1NF off• ! ` �. DR }j-IZA I �� `(4Z/ ti�,p�F �tSETILlDR3,, jJpJS YfITLE57' UT tD 0P `^ ` r9 D+iR ST 0 -4, 1', G<HrO?o G �s BFI NZ) AKSSjjj! �E�cuj°USd� Jh< <`�2 ` 08:0 iIEnCE+CTN 3 P�NES7 , !'IA: ST Pl��ESS I, FC {�H1Gr c.J� Ii PAV CT � �-'r aAG 5C0 m i �no� 2 toy �BOE Ut ti ow \2 _. ¢0. FIXIESYAVi' 1� ° sb 1 B�CKNOLLCV 0 el{, 7AEESPI�,• n antic each TPA TRANSPORTATION PLANNERS. ENTERPRISE,. INC, 1 arr,+lvwitie onp JaKSAtt--MYtiulim4.810A 3 ?256 Ty�l�,31'. GENERAL LOCATION OF 'PLANNED ATLANTIC BEACH' COUNTRY CLUB FIGURE 1 Axo1s1.311 }®ne�mrtae'zMm UEId al S Rrgdaoua3 IONEMdOIlAJQ 7. nd gnp,SquroD "ArrWIIG7i i 9171PUM PM PEAK HOUR TRAFFIC 4:30 - 5:30 MARCH 13, 2013 1160 44 1391 bb 27:',�..+y,8 25'1336 9' w�t.5' �c 5 1126 DUTTON 6-3 f`j '', ISLAND RD. . 1" 5 1395 eta 1279 ' 31 LEVY 48 ' 516NA4 • V10 • 74 I 83 - PM PEAK. HOUR ,31; • w44 TRAFFIC _p. 4:30 - 5 :30 Z MARCH 13, 2013 -4=1 380 1a o, m V `�,i`01�, f - �cP10NEEF D S� GAVAGANRD z,r Ma port xg Elem TE a mA d' Rif o4e e2 5� s QUAD COURA - SC AMERICA CROSS SW May-port Jr HighAIRSSI LN._ CYPRESS LANDING CT aMOSA COVE CT.E WILLBW COVE CT COVE LANDNGRR 6UGNDLU IANDNG DR' . VippN PALM I08- S Katherine Obey '�annaPark• — 1 811117;13,t 67 011/ • l;� r • m Ha 9AV 12 : EAN mo REEZE DR CABER REACH SL LANDING RD CT 60 C(TTAGEIN r 1170 ach PM PEAK HOUR TRAFFIC 3 :30 - 4:30 MARCH 13, 2013 SEC'ET BEACH DR �•�,`S,• . 1.) 1 tip° � yr. >�y�� • 12K • . 180 70ROTHRN -'. DORO - -GRS l IIQ. SIAM S AVE B .yY ff7 —740 20 .. V f. FORSYTH CT J 229„ 255 GLU9DR Sfi41VE 5:i 3RDST_. ' tic 21I0 TSS m. S' MACDON_ID ST SI PLU{.1ST g50EPTC t;EMOCIST a T V }� m• C O } X54 \N �Wruto t & 4 (Cr PO rA " IDNMOA�o J:y 0 4 mE R l Citvw coy t/t f t adn �SEI1DP .4t4DW •viJti ^•.,y O Scf$..EEyOTAR LIM F� PEUCAN P ,..,("/ ' ' zu CAkEUTA J -0. y .. si'IPt 3 ,-- 6 N a 4 : PINESi Irlp jul �� owe . Ni g fORESTA F a q TF TRANSPORTATION PLANNE 4;gNTEAP SE,, INC,. .,Tort.: EcTtAttWAs. • JAess'i NV,t. I Yti IBA :mu yCKNOLL CV 1TIEESPI,LT .1VG S OwLE I an rc each PM PEAR HOUR TRAFFIC 4:30 - 5:30 MARCH 13, 2013 FIGURE 4 q3 TRANSPORTATION .PLANNERS ENTERPRISE;, INO, 1.077q 01#098WIQkg ROAD JA0K60NVILI.I,'FLORIDA 02266• (904) 296 -1104 x(53 t 57 tat 2013 AM PEAK HOUR TRAFFIC ki -(6-a.a C 3 Q ATE FIGURE 5 a!,-15 • '313 tTrimE OATE T • 'TRANSPORTATION PLANNERS ENTERPRISEONO. • • 107/9 aROSINIOKS ROAD JACKSONVILLE, FLORIDA 022,66. (904) 296-1704 2013PM PEAK HOUR TRAFFIC FIGURE 6 z TRANSPORTATION CANNERS ENTERPRISE;, INO, cons! tiHasawto)s ROAD JAOK90NVILL6, FLORIDA 32266, (904) 296 -1104 6-t 3 ,0 t� o 2013 AM PEAK HOUR TRAFFIC • 3 FIGURE 7 Cwmp, ) tirE v5 0 • TRANSPORTATION ~CANNERS ENTERPRISE;. INO,� 1O772' 6110$SW1Ok8 flQAb JAOKSONVILLE FLORIDA 022,66, (904) 296 -1/64 __, ( 45 -.__10, V v.cl- /7: , s:0 P f 6 O lila- ,q era cJ so y4 1 6 t 6 2013 PM PEAK HOUR TRAFFIC d 5PIA q-16-13 Ti- MTE FIGURE 8 TRANSPORTATION :PLANNERS ENTERPRISE; INCA 1b77 bRosewio►cs AQAb JAOHBONVILLE, FLORIDA 02266 (904) 296 -110 PEAK 3o 535 p' 1 +5' ajw>i3 traite waxa tzoqtyd FIGURE 9 - DUTTON ISLAND RD., TO SELVA MARINA DRIVE FROM SELVA MARINA DRIVE .y TPE (►751. (a6;) • AM PEAK HOUR TRAFFIC IN '38 OUT I I a, TRANSPORTATION 2016 AM; PEAK HOUR 'TRAFFIC 'PLANNERS ENTERPRISE. 1NC, ATLANTIC BEACH COUNTRY CLUB io37k OROSSWIOWS ROAD JACKSONVILLE, FLORIDA 022.56. (904) 296 -1164 .FIGURE 10 - DUTTON ISLAND RD., • 33. • TO SELVA MARINA DRIVE FROM SELVA MARINA_DRIVE . Ala At: 11751 . a6) . AM PEAK HOUR TRAFFIC IN " 38 OUT 1 1,. TRANSPORTATION 'NANKIN ENTERPRISE INC, r. font (ioSSW Ok8 ROAD JAOK&ONVILLE, FLORIDA 32286 • (904) 296_1784 2016 AK PEAK HOUR 'TRAFFIC ATLANTIC BEACH COUJTI,Y CLUB FIGURE 10 015 TO SELVA MARINA DRIVE FROM SELVA MARINA. DRI t-r Coui1'Iy CIO /GoLF (6) •�- (4)4 9'147 • -***.(q61 .. TRANSPORTATION .PLANNlRRS ENTERPRI4E;, INC. folk tiHo$ewinks fiQAn JAOKBONVILIA FLORIDA 022,66 (904) 296 -1704 i /*/-7 (n) PM PEAK HOUR TRAFFIC IN I a7 OUT .16' 2016 PM PEAK HOUR TRAFFIC ATLANTIC. BEACH CO1JN RY CLUB • FIGURE 11 ATLANTIC BEACH CODH;rHY• CLDBC XI) -"I-4W° 1 2 IVO ) • . 4 Mai -3 (i) Le.GE TR: TRANSPORTATION ^TANNERS ENTERPRISE; INCA 201'6 P 1 PEAR HOUR TRAFFIC ,en�r. IoseW,0K8 /MAD. ATLANTIC BEACH COUNTRY CLUB dAOKEIONVILLF, FLORIDA D2256 {904) 296 -1104 FIGURE 12 IP TRA$SPORTAT ON • :PLANNERS ENTERPRISE MCI twit" CaaiaVilOkS A0Ad JAOHBONVILLto FLORIDA 0itg56 (904) 1440 -1104 d I'M I5/ k• fl (3.) 1-1a (i) LEGEND s6 • 2013 PEAK HOUR TRAFFIC NEW RESIDENTIAL TRAFFIC (A) COUNTRY CLUB -- GOLF TRAFFIC ESTIMATED TOTAL. 2016 AM PEAK HOUR TRAFFIC . ATLANTIC BEACH COUNTRY CLUB TRAFFIC FIGURE 13 • TR; TRANSPORTATION .PleANNERS ENTERPRISE; INC, J71k 6149inwoks itQAD JA‘OKSONVILLt FLORIDA 32256. OV104•04-3144 • LEGEND 13 2013 PEAK HOUR TRAFFIC NEW RESIDENTIAL TRAFFIC (q) COUNTRY CLUB GOLF TRAFFIC ESTIMATED TOTAL 2016 PM PEAK HOUR TRAFFIC FIGURE 14 ir • z $1\'.81.1' 47, . 0 � , ' .44,3 q8 6.. Agr--.... V19 -t-(a°) c b'7 0g9 q0 Iii TOTAL TRAFB'ICENTERTNO.INTERSECTION • 818 AM FEAR Houtz (0.013) NEW TRAFFIC ADDED BY • ATLANTIC BEACH COUNTRY CLUB AANSPORTATION PLANNERS ENTERPRISES INC. font eitic swtoks 11040 ' " JACKSONVILLE, FLORIDA 982,56, (904) ?96 -1704 na 2 w Laid ui 119 +(5) 41.° ESTIMATED TOTAL 22016 AM PEAK HOUR TRAFFIC FIGURE 15 (11 58' ait •ti, 4(1z) a; • uvit o4) 41.441 . (331.-1 • 4c5 .. r- vozp(is saiott+oi 847.PM PEAR HOUR WO) id !MAL TRAFFIeENTERING INTERSECTION • FEW TRAFFIC ADDED BY inumatc Bum COUTRN, Y CLUB (+81z) • RANSPQRTATION PLANNERS ENTERPRISE. INC cent ClicitSWIORSACIAb. dicixsoNvitt.t., -FLORIDA 0246, . (904) •4 ESTIMATED TOTAL 20i6 PEAK HOUR TRAFFIC <t" 1.4". a.° t #0.1) • . FIGURE 16 a M N N k I bPpu t H.,P FPrt AY�i. 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S114,Tt0A 1° C.A.16 4.1,0S02 3 J. m w .4_____ ipope,476t Tts rie .0 _____; 'I r v.10_ SI-Al-1W pouc� srr�T%o�l 3 -c. 1''' t' IOMt -. b `mil a To (}TWPC DLO P E". rrt Po Pees imze Tr rri vim creme+) tn poum srAT4o0 8aa 0 w To A11,4Sl'le 1)4.99 t oRT(4 Vtcc1- stAT 1 & potae� sT TI(50 BaacQ To ATi, lic Sub it NORTH I\ NORTH 1 �-- Vie, RA NoRTN 0 C_ rn HO_ srATioc4 poue� s•ov'tanilA w ' Te f(TLMTR BLVb o Tb rniat3t4 0 -} 1 m ,rAT1oti1 poU�� s-raskoaffi -nom P N-oRTN rtl V.L(tE srAT►ors1 Pouco. s-nvrter' ificosuotsu Esta cox6 40.4 To hTlAglit DM) poPack 11,111(511 ' RA 3 4 f03:04,tsu 2w-A • via s`rAm°1 PA 3 Tn 0 V-1((E SLATOhl t� J a toe usta6" .?k 445, tss- TD Kri4 SfIc 1-‘i1 PSG To ( '1't,1ISCIC BLVD P Nop11-1 3 p1 rn V‘ltCF._ STATI at345 STATIOA (11 Ends s 1 \ To PirOglIC. BLVA dte, P NORTH 1 r firVk V.10, stAT1 e� \ 04 po�c si- r10 Bsta00 l 0 W To Ac�A+SS1c BLVD PP-We P NoRTI-1 140 11:11-1 %r 4t1Trck PPAAecl PoUev, s-� -�,�r1 o14. �' V \10„ To AcT1,4SZ'1C $LVD .0, P9.a V.1 rAte0 o PoLiC s�'�Ttoa P� j 10:0,04 89-ta-4 t � 7p P J tri Tb ilk "' Rd T� To PinAg1R gub RORTN VkR . sTATle0 To PTtMFtc Dui) r Cis TATl 0o 0 Li O., sTATto►3 oQ P aca t`t0 RTN • i �y45`r -- Y/i gTo Pi1WUUC BLVD Th fite ri stoxi 0014- CV, STAT1 o t4 Z.0,111s,,ptuB 0 P To ((Title BLVD TVF L4 H.1 TIME , Ka suRvEyoR hol PE ei—itsAA 4—to TIME Q ATE lJU y o A34Ai fl4J J N 0 (�,� THE I'NJ 1'I� 1+u 1111 t1�11�1 li�l rMi till TPE Bo rA E Q \T E soRvEyoR 5 t.ttl v1-1-11+43 rwi nil 901 TE 1 3© mE ` s4K (4 --(0-13 DRTE Li '^J?9 11 till 11-1,I 1-7Q OS V5 0404114i r14. 1-144 I�e 1 LkE Kcsaue blf%5/MV 144T6) 5i 8 4--rot74 E -'eAtA (I TIME QATE sttkvEyorz �e o7 H)E_ 7 «3' z4`10-13 TAE IATE L , u t Sar&J yea 91,J civv)8► 311,9 tt g Ch DATE 0.J <,acAfrniAt SLIRU5.yoR TABLE 4 Generalized Peak Hour Two -Way Volumes for Florida's Urbanized Areas 10/4/10 STATE SIGNALIZED ARTERIALS Class 1 (>0.00 to 1.99 signalized intersections per mile) Lanes Median B C D 2 Undivided 930 1,500 1,600 4 Divided 2,840 3,440 3,560 6 Divided 4,370 5,200 5,360 8 Divided 5,900 6,970 7,160 E * ** * ** * ** *4* Class II (2.00 to 4.50 signalized intersections per mile) Lanes Median B C D E 2 Undivided 4 Divided 6 Divided 8 Divided ** ** ** ** 1,020 1,480 1,570 2,420 3,220 3,400 3,790 4,880 5,150 5,150 6,530 6,880 Class 11I /IV (more than 4.50 signalized intersections permile) Lanes Median B C D E 2 Undivided ** 500 1,150 1,440 4 Divided ** 1,220 2,730 3,100 6 Divided ** 1,910 4,240 4,680 8 Divided ** 2,620 5,770 6,280 Non -State Signalized Roadway Adjustments (Altar corresponding state volumes by the indicated percent.) Major City/County Roadways - 10% Other Signalized Roadways - 35% State & Non-State Signalized Roadway Adjustments (Alter corresponding state volumes by the indicated percent,) Divided/Undivided & Turn Lane Adjustments Exclusive Exclusive Adjustment Median Left Lanes Right Lanes Factors Divided Yes No +5% Undivided No No -20% Undivided Yes No -5% Undivided No No ' -25% - - Yes + 5% Lanes 2 2 Multi Multi One -Way Facility Adjustment Multiply the corresponding two - directional volumes in this table by 0.6, Lanes B 4 4,000 6 6,000 8 8,000 10 10,000 12 13,730 FREEWAYS C D E 6,770 7,300 10,150 11,290 13,480 15,270 16,930 19,250 21,950 23,230 5,500 8,320 11,050 13,960 18,600 Freeway Adjustments Auxiliary Ramp Lanes Metering +1,800 + 5% UNINTERRUPTED FLOW HIGHWAYS Lanes Median 2 Undivided 4 Divided 6 Divided B C D E 730 1,460 2,080 2,1520 3,220 4,660 6,040 6,840 4,840 6,990 • 9,060 10,280 Uninterrupted Flow Highway Adjustments . Lanes Median Bxclusjye left lanes Adjustment factors 2 Divided Yes +5% Multi Undivided Yes -5% Multi Undivided No -25% BICYCLE MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Paved Shoulder/ Bicycle Lane Coverage B 049% ** 50-84% 85 -100% C 310 240 360 620 >620 D 1,180 >360 * ** PEDESTRIAN MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Sidewalk Coverage 0 -49% 50 -84% 85 -100% B C D E ** ** 480 1,390 ** ** 1,100 1,820 ** 1,100 1,820 >1,820 BUS MODE (Scheduled Fixed Ruute)3 (Fuses in peak hour in peak direction) Sidewalk Coverage B C D E 0-84% >5 >4 >3 >2 85-100% >4 >3 >2 >1 1 Values shown arc presented as hourly hvo'way volumes for levels of service and aro for the automobile /hunk modes unless specifically stated. Although presented as peak hour two - way volumes, they actually represent peak hour peak direction conditions with an applies le D factor applied. This table does not constitute n standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table end deriving computer models should not 6e used for corridor or intersection design, where more refined techniques exist. Calculations are based on planning applications of the T3igliway Capacity Manual, Bicycle LOS Model, Pedestrian LOS Model and Transit Capacity and Qunlily of Service Manna], respectively for the antomobile/truck, bicycle, pedestrian and bus modes. Level of service for the bicycle and pedestrian modes in this table is based on number of motorized vehicles, not number of bicyclists or pedestrians using the facility. ' Buses per hour shout'', are only for the peak hour in the single direction of the higher traffic flow. " Cannot he achieved using table input value derange. ' Not applicable for that level of service letter grado. For the automobile mode, volumes greater than level of service D become F because interseetion capacities have been reached. For the bicycle mode, the level of service tenor grade (including 11) is not achievable because there is no maximum vehicle volume threshold using table input value defaults. Source: Florida Department of Transportation Systems Planning Office 605 Suwannee Street, MS 19 Tallahassee, FL 32399 -0450 www. d ot.state.fl. us /planning /systems /sm/los /d efauit.shtm 2009 FDOT QUALITY /LEVEL OF SERVICE HANDBOOK 8 cc2 c cc )0< x X 4 . B 01 01 01 @ 613113 (411 0101110A ellatamie =1 Tnp Gene2tlon, 8th Ed'Non Single - Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 314 Avg. Number of Dwelling Units: 208 Directional Distribution: 63% entering, 37% exiting Trip Generation per Dwelling Unit Average Rate 1.01 Range of Rates 0.42 - 2.98 Standard Deviation 1.05 Data Plot and Equation T = Average Vehicle Trip Ends 0 X Actual Data Points 1000 X = Number of Dwelling Units Fitted Curve Fitted Curve Equation: Ln(T) 0.90 Ln(X) + 0.51 2000 Average Rate R2 = 0,91 3000 Trip Generation, 8th Edition 292 Institute of Transportation Engineers Single - Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. • Number of Studies: 286 Avg. Number of Dwelling Units: 194 Directional Distribution: 25% entering, 75% exiting trip Generation per Dwelling Unit Average Rate 0.75 ata Plot and Equation Range of Rates 0.33 - 227 Standard Deviation 0.90 0 X Actual Data Points 1000 X = Number of Dwelling Units Fitted Curve Fitted Curve Equation: T = 0.70(X) + 9.74 2000 Average Rate R2 = 0.89 3000 li.eneration, 8th Edition 291 Institute of Transportation Engineers rt . SQ9Aya. flvANANa, T7' • SQ9A-ck f`cwiJNIvA hi z Qi.k),re Z. 0 TJ s6.4A INRAA 4AkA-c 11 s614-0, fr-11\L z z 3 1 I 1) z k.9 •44) rnwitpl.gs. ?rv-vwxvvi or* A 0') \ . VICVD \AAlg mYnt, 0 TRANSPORTATION •PLANNERS ENTERPRISE;, INCy 10 ? »» tidOSeWlbks'ROAD JAQKSONVILLE, FLORIDA 322.56. (904) 296 -1704 MAE 2013 PM PEAK HOUR TRAFFIC GATE FIGURE 6 A • AGENDA ITEM # 8A AUGUST 12, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public hearing for UBEX- 13- 00100056 SUBMITTED 13Y: Michael Griffin, CBO, CFM Building & Zoning Director Erika Hall Principal Planner DATE: July 22, 2013 STRATEGIC PLAN LINK: None. BACKGROUND: Request for a use -by- exception to allow on premises consumption of alcoholic beverages including beer, wine and liquor by Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 18`x' meeting, and the Board unanimously recommended approval, finding the request is consistent with Section 24-111(c)(3) and Chapter 3 of the Municipal Code, and in accordance with the requirements for a 4 -COP SRX alcoholic beverage license, as issued by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. Further, this use is a continuation of that of the former tenant (Mimi's Sports Grill), and thus is found to be compatible with surrounding properties. BUDGET: None. RECOMMENDATION: Approval, recommended by the Community Development Board. ATTACHMENTS: Dram minutes of the June 18, 2013 Community Development Board meeting; copy of Community Development Board staff report; copy of UBEX -13- 00100056 application. REVIEWED ED BY CITY MANAGER: Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 18, 2013 AGENDA ITEM # 8A AUGUST 12, 2013 1. CALL TO ORDER. - 6:02pm Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess, Kirk Hansen, Harley Parkes, Brea Paul, and Sylvia Simmons. The meeting was called to order at 6:02pm. Also present were Principal Planner Erika Hall, Redevelopment and Zoning Coordinator Jeremy Hubsch, and Building and Zoning Director Michael Griffin. Board members Kelly Elmore and Patrick Stratton were absent. 2. ADOPTION OF MEETING MINUTES - MAY 21, 2013. Ms. Paul called for a motion to approve the minutes of the May 21, 2013 regular meeting. Mr. Hansen moved that minutes be approved as written. Mr. Burgess seconded the motion and it carried by a vote of 5 -0. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. UBEX -13- 00100056, Cantina Maya Sports Bar & Grille (Perez), 1021 Atlantic Boulevard Public Hearing - Request for use-by-exception as permitted by Section 24- 111(c)(3), to allow on- premises consumption of akoholic beverages in accordance with Chapter 3 of the Municipal Code and a 4 -COP SRX akoholic beverage license issued by the Florida Department of Business and Professional Regulation, Division of Akohol and Tobacco. The applicant is Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard, within a Commercial General (CG) zoning district. Staff Report Ms. Hall summarized the request and explained that a 4 -COP alcoholic beverage license, which allows sales and on- premises consumption of beer, wine and liquor, is permitted as a use -by- exception within the Commercial General zoning districts. The SRX designation, which stands for "special restaurant" means that the license is exempt from quota restrictions set for the county because certain other conditions are met. In particular, the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco (FL DBPR -ABT) requires the following of establishments receiving this designation: (1) a minimum of twenty -five hundred (2,500) square feet of floor space under permanent cover; (2) a minimum of one hundred fifty (150) Page 1 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Applicant Comment Public Comment Board Discussion AGENDA ITEM # 8A AUGUST 12, 2013 permanent seats for patrons; and, (3) a minimum of fifty -one (51) percent of gross revenue generated by the sale of food and non- alcoholic beverages. Though these conditions are monitored by FL DBPR -ABT, Ms. Hall confirmed that the applicant's leased space is approximately three thousand one hundred fifty (3,150) square feet in area, according to the site plan, and the number of permanent seats provided is one hundred fifty- eight, according to the floor plan, both of which are submitted to DBPR -ABT for review. The applicant declined the opportunity to comment on his request. No one from the public came forward to comment on the request. Mr. Hansen stated that he saw no issues with this request, as previous occupants of the location had held the same 4 -COP SRX license, and monitoring of : the conditions for the "special restaurant" provision is done by the DBPR -ABT. Motion Mr. Burgess moved that the Community Development Board recommend to the City Commission approval of UBEX -13- 00100056, request by Cantina Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district, for a use -by- exception to allow on- premises consumption of alcoholic beverages, finding that said request is consistent with provisions of Section 24 -64, Section 24- 111(c)(3), and Chapter 3 of the Municipal Code for of Atlantic Beach, and in 4 -COP accordance with the requirements the City a SRX alcoholic beverage;, license, as regulated by thfore Florida Department of of Business and Professional Regulation, Division Alcohol and Tobacco. Mr. Hansen seconded the motion and it carried by a vote of 5 -0. B. UBEX -13- 00100059, Moto Electric Vehicles (Jackrel), 58 West 10th Street Public Hearing — Request for use -by- exception as permitted by Section 24- 111(c)(10), to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to as "street legal" golf carts. The applicant is property owner Ted Jackrel and the proposed location is a vacant lot on the south side of West 10th Street having a legal description of Lots 5, 6, and 7, Block 41, Atlantic Beach Section "H" and a physical address of 58 West 10th Street, within a Commercial General (CG) zoning district. Staff Report Mr. Hubsch summarized the request and explained that per Section 24- 111(c)(10), a use -by- exception is required for the sale of new and used automobiles. However, he explained this request is unique in that the proposal is to develop a vacant lot, which will be Page 2 of 8 AGENDA ITEM # 8A AUGUST 12, 2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board owner - occupied by an establishment specializing in the sales of low speed electric vehicles commonly referred to as "street legal" golf carts, and that sales are primarily — estimated at ninety (90) percent — internet- driven. He added that due to the nature of the business being primarily internet- driven, the applicant is also requesting a variance for reduction in required off - street parking, which is listed as item 4C on this agenda. Mr. Hubsch continued, describing the two alternative site plans provided by the applicant's architect. The first presents a seven thousand seven hundred thirty -one (7,731) square foot building positioned to the rear of the lot with parking fronting on West 10th Street, while the second presents a seven thousand four hundred sixteen (7,416) square foot building positioned on the eastern side of the lot with parking on the west side of the building. He noted that the second plan offers better visual screening of the parking area from Mayport Road, provides better opportunities to landscape the front of the property and makes the site more pedestrian friendly. Therefore, staff prefers the second plan over the first. Mr. Hubsch described the surrounding uses as follows: to the east is a parcel that fronts on Mayport Road, currently vacant, but previous occupied by used car sales, moving truck leasing and a car detailing business; to the south is Advanced Lens Technologies, a manufacturer of sunglass lenses; to the west is vacant residential property, soon to be developed by Beaches Habitat for Humanity; and to the north, directly across West 10th Street is the First Baptist Church. He added that the final plan submitted for a building permit would have to strictly adhere to provisions of the landscaping, buffering and signage regulations, and that all goods, services and business activities are to be completely enclosed in the proposed building. So it is anticipated that the property would remain clean and free of the crowded and cluttered appearance that is typical of most automotive sales establishments. Applicant Jason Canning introduced himself as the architect for the project Comment and described the parameters of the site and proposed business which had led to the two conceptual plans submitted in support of these applications. Public Mark Hendry (800 Camelia Street) stated that he had come to the Comment meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of Page 3 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Board Discussion AGENDA ITEM # 8A AUGUST 12, 2013 sales would be internet- based, he said he did not really have much concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left-turn access to the neighborhood south of Plaza for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test -drive track for the low -speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Ms. Paul asked which uses would be permitted by -right on the subject parcel. Mr. Hubsch responded, reading from the list of permitted uses detailed in Section 24- 111(b). Mr. Parkes noted there seems to be many uses listed that would not require a use - by- exception but would generate more traffic and parking needs. Mr. Burgess added that the property would be owner - occupied also, meaning that there would be a vested interest to preserve the property values of, the neighborhood. Ms. Simmons noted that the staff report stated the intended use furthered Comprehensive Plan, particularly Policy A.1.10.5, which provides "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses, and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods ". However, she questioned how this business which is both automotive sales — though not as typically seen — and primarily internet- based, could be viewed as "neighborhood serving...that generate daily activity and interaction between residents of surrounding neighborhoods ". She continued, saying that she took the neighbors' concerns regarding traffic on 10th Street, and the potential for it to be used as a testing ground for inexperienced drivers to heart. Mr. Parkes asked for verification that these vehicles had a low- Page 4 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8A AUGUST I2, 2013 speed designation, to which Mr. Jackrel replied they did. Ms. Simmons inquired as to the safety of slow- moving vehicles. Mr. Burgess responded that they are typically referred to as "street legal" and are allowed to legally operate on streets with posted speed limits of no greater than thirty -five (35) miles per hour. Ms. Simmons asked if this was a local regulation, to which Mr. Burgess replied it was a state regulation. Mr. Hansen, referring again to Comprehensive Plan Policy A.1.10.5, said in his mind, this proposed use was not an intensive commercial use when compared to the average used car lot where there was typically also heavy automotive repairs done. Referring to the estimate of ninety (90) percent Internet- driven sales, he asked if a high inventory would be maintained or if they would receive frequent drop- shipments. Mr. Canning replied that the goal was to lessen travel to and from a warehouse maintained in Gainesville, and that the design of the site plan is being driven by the inventory to be maintained on site. He said the vehicles are customized and fitted with equipment per order and then shipped. Currently, a couple hundred units are sold per year. Ms. Jackrel added that she anticipated much less traffic and fewer disruptions to the neighborhood by this business than their previous business which supplied transit buses. Mr. Hansen asked about the origination and make -up of the other ten (10) percent of business. Mr. Jackrel replied that Fleet Landing was a high - volume local customer. He estimated approximately one to two retail clients visited the bricks - and - mortar store weekly. Other than the showroom, the planned structure would house business offices and a conference room. Motion Mr. Hansen moved that the Community Development Board recommend approval to the City Commission of UBEX -13- 00100059, a request for a use -by- exception to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to a "street legal" golf carts within the Commercial General zoning district at 58 West 10th Street, finding that the request advances the goals, objectives and policies of the adopted 2020 Comprehensive Plan as it relates to the redevelopment of the Mayport Road corridor and surrounding residential neighborhoods, and also finding that it is consistent with Section 24- 111(c) and in accordance with the provisions of Section 24 -63 of the Land Development Regulations. Mr. Burgess seconded the motion and it carried by a vote of 5 -0. Page 5 of 8 AGENDA ITEM # 8A AUGUST 12, 2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board C. ZVAR -13- 00100058, Moto Electric Vehicles (Jackrel), 58 West 10th Street Public Hearing - Request for variance from the provisions of Section 24- 161(h)(3), to reduce the required number of off-street parking spaces for a proposed retail automotive sales establishment, from nineteen (19) to eleven (11). The applicant is property owner Ted Jackrel, and the proposed location is a vacant lot on the south side of West 10th Street having a legal description of Lots 5, 6, and 7, Block 41, Atlantic Beach Section "H" and a physical address of 58 West 10th Street, within a Commercial General (CG) zoning district. Staff Report Applicant Comment Public Comment Mr. Hubsch summarized the information provided in support of the previous item (UBEX -13- 00100059) and reiterated that the nature of the business was Internet sales, with only about ten (10) percent of sales resulting from ° customer visits to the showroom. He emphasized that the proposed automotive sales use is not the typical new or used car lot with which most people are familiar. Rather, the Jackrels are proposing an establishment specializing in highly desirable alternative transportation well suited for our community. However, because there is no guarantee that there will not be a shift in allocation of on -site sales versus internet sales, he proposed as a condition to approval of the parking variance that the property owners provide an executed shared parking agreement with the First Baptist Church, located directly to the north, across West 10th Street. Property owner Debra Jackrel addressed the Board, and summarized the nature of her business and how she has maintained her property over the last fifteen (15) years, and asked for clarification regarding the need for a shared parking agreement. Jason Canning, architect and representative of the property owners Ted and Debra Jackrel, expressed concern over staff's recommendation that the variance be conditioned upon the Jackrels securing a shared parking agreement with the First Baptist Church when they already own four platted lots directly to the southeast of the subject property, two of which front on Mayport Road and two of which front on West 9th Street. Mr. Canning said the Jackrels would likely be parking their personal vehicles on the adjacent parcels, and their employees could do the same. Mark Hendry (800 Camelia Street) stated that he had come to the meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of sales would be internet- based, he said he did not really have much Page 6 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Board Discussion AGENDA ITEM # 8A AUGUST 12, 2013 concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left -turn access to the neighborhood for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test -drive track for the low- speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Ms. Paul asked if such a variance would be tied to the property if the business ceased to operate or the property was sold. Ms. Hall responded that generally dimensional variances — being those that affect yard setbacks — are tied to the property and do transfer. However, parking is calculated based upon use, so any new occupant would be reassessed and required to provide off - street parking consistent with the use. She added that this variance request is specifically associated with the use -by- exception request just heard by the Board, and while the Board may move to approve this variance, it is conditioned upon the approval of the use -by- exception by the City Commission. If the Commission were to deny the, use -by- exception, this variance would become null and void. Motion Mr, Burgess moved that the Community Development Board approve ZVAR -13- 00100058, request for a variance from the provisions of Section 24- 161(h)(3), to reduce the number of off- street parking spaces for a proposed retail automotive sales establishment from nineteen (19) to eleven, for a property located within the Commercial General (CG) zoning district at 58 West 10th Street, conditioned upon the procurement of an executed shared parking agreement with the First Baptist Church, also located within the Commercial General (CG) zoning district at 1050 Mayport Road, finding that the request is consistent with the provisions of Section 24- 161(b)(6) regarding variance from standard parking calculations and in accordance with the provisions of Section 24 -64(d) regarding the granting of a variance. Further, the shared parking agreement would be consistent with the provisions of Section 24- 161(f)(2). Ms. Simmons seconded the Page 7 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board 5. REPORTS. None. AGENDA ITEM # 8A AUGUST I2, 2013 motion and it carried by a vote of 4 -1, with Mr. Parkes dissenting. Mr. Parkes then explained his opposition to the motion solely on the requirement of the shared parking agreement, stating the applicants' inability to secure such a shared parking agreement could result in the failure to obtain the necessary use -by- exception since the two applications are bound together. Mr. Hansen said he understood Mr. Parkes' dissent and thought it was a good point, but he was unsure as to how it could be justified. Mr. Parkes replied that [per Section 24- 64(b)(1)] each application for a variance shall be considered on a case -by -case basis, and the grounds for approval of this particular case are due to the nature of the business, being primarily internet- driven. Mr. Hansen, as a member of the prevailing vote moved to reconsider the vote approving ZVAR -13- 00100058, to strike the requirement to procure the shared parking agreement with the First Baptist Church, !finding that there exists exceptional circumstances particular to the proposed use and that absolute conformance with the required off- street parking provisions of Section 24- 161(h)(3) would prevent the reasonable use of the property as compared to other properties in the area. Mr. Parkes seconded the motion and it carried by a vote of 4 -1, with Mr. Burgess dissenting. 6. ADJOURNMENT - 6 :50 PM Brea Paul, Chair Attest Page 8 of 8 AGENDA ITEM # 8A AUGUST 12, 2013 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. CASE NO UBEX -13- 00100056 Request for use -by- exception as permitted by Section 24- 111(c), to allow on- premises consumption of alcoholic beverages (liquor) in accordance with Chapter 3 of the Municipal Code and a 4COP SRX alcoholic beverage license issued by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. LOCATION 1021 ATLANTIC BOULEVARD (UNIT 1017) APPLICANT DATE STAFF STAFF COMMENTS CANTINA MAYA SPORTS BAR & GRILLE (JAVIER U PEREZ) JUNE 18, 2013 ERIKA HALL, PRINCIPAL PLANNER Background Cantina Maya Sports Bar & Grille is located in the Atlantic Village Shopping Center, in a space formerly occupied by Mimi's Sports Grill. The subject property has a Commercial (CM) Future Land Use Designation and is located within a Commercial General (CG) Zoning District at 1021 Atlantic Boulevard (Unit 1017). A local business tax receipt was obtained from the City of Atlantic Beach on May 7, 2013 and operations commenced with a Series 2COP (Beer and Wine /Package and Consumption) Alcoholic Beverage License shortly thereafter. The applicant now wishes to upgrade to a Series 4COP -SRX (Beer, Wine, and Spirits /Package and Consumption) Special Restaurant Alcoholic Beverage License. The Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (DBPR -ABT) issues Series 4COP -SRX licenses to a "bona fide restaurant" meeting the following conditions: (1) 2,500 square feet of floor space under permanent cover; (2) Seating for 150 patrons; and, (3) Minimum 51% gross revenue from the sale of food and non - alcoholic beverages. As part of the application process, the local zoning authority is required to certify to DBPR -ABT that the location of the business establishment complies with zoning requirements for the sale of alcoholic beverages pursuant to the license being sought. Within Atlantic Beach, on- premises consumption of beer and wine only in accordance with a Series 2COP license is permitted -by -right in conjunction with a full service restaurant located within a commercial zoning district, while on- premises consumption of liquor requires an approved use -by- exception. AGENDA ITEM # 8A AUGUST 12, 2013 Analysis Section 24- 111(c) states that on- premises consumption of alcoholic beverages in accordance with Chapter 3 of the Municipal Code may be approved as a use -by- exception where found to be consistent with the uses found in the Commercial General Zoning Districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. Former tenant Mimi's Sports Grill held a 4COP -SRX license, so this request is not intensification, but continuation of a prior use. However, uses -by- exception do not convey with change or transfer of lease or ownership, and each individual business owner must apply for a UBEX specific to his or her business. As such, the proposed use has previously been deemed compatible with adjacent and surrounding properties, and it was not found to be contrary to public interest or detrimental to the health, safety and welfare of the general public. The subject unit is on the southern corner of the western wing of the shopping center, and is separated from residential uses to the north by less intense retail and service uses. Directly to the west is Aquatic Drive and a vacant wooded lot and a dog park. The applicant has submitted both a floor plan indicating number and arrangement of seating in compliance with the DBPR -ABT requirements and a site plan demonstrating sufficient parking spaces to meet the minimum number required — thirty -eight (38), or one (1) parking space per four (4) seats. It should be noted that at the time previous tenant Mimi's obtained a 4COP SRX, the Atlantic Village parking lot contained a total of five hundred forty -four (544) parking spaces, with eleven (11) of those being ADA- compliant. Recent parking lot reconfiguration in association with the build -out of the LAI Fitness resulted in an additional forty - two (42) parking spaces, for a total of five hundred eighty -six (586), of which twelve (12) are ADA - compliant. At the time of review, it was determined that the parking lot has more than 100 surplus parking spaces. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Cantina Maya Sports Bar & Grille Use -by- Exception (Application UBEX -13- 00100056) to the City Commission, to permit on- premises consumption of alcoholic beverages in association with a full- service restaurant to be located within the Commercial General Zoning District at 1021 Atlantic Boulevard (Unit 1017), provided the following, or similar findings of fact: (1) Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24 -111 defining the Commercial General Zoning District. (2) The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. (3) The proposed use is compatible with adjacent properties and other properties in the surrounding area. The Community Development Board may consider a motion to recommend denial of the Cantina Maya Sports Bar & Grille Use -by- Exception (Application UBEX -13- 00100056) to the City Commission, to permit on- premises consumption of alcoholic beverages in association with a full- service restaurant to be located within the Commercial General Zoning District at 1021 Atlantic Boulevard (Unit 1017), provided the following, or similar findings of fact: (1) The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because (2) The proposed use is not compatible with adjacent properties and other properties within the surrounding area because ATTACHMENTS None. Page 2 of 2 Date 1. Applicant's Name 2. Applicant's Address 3. Property Location 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification 7. Requested Use -by- Exception AGENDA ITEM # 8A AUGUST 12, 2013 /3-104540 APPLICATION FOR A USE -BY- EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5826 FAX (904) 247 -5845 • http: / /www.coab.us L✓ File No. /0- 00/00057) C :c \`C \Ck_ ONck4 a( 5 ' 6 '( C L 1 1c� `� i C 1 U (e - V1)4 �� u� C y U c() !� Ac) Block 6. Comprehensive Plan ■ -%-6~c) s \-019.p , tl U Receipt 4-1- - i ,1'::DcA-._E-1. 3 No. Lot No. Future Land Use designation - COP 064.41 ; 4 Q 20//(0)(3) c.(3) Size of Parcel 9. Utility Provider 10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with Section 24 -63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all 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 from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): \6. v i c.V. OE- e`7- Signature(s): ael ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: t L V - t2Aje -1 Mailing Address: 4:3' CCck tY ='- t Phone: X -\ 7 —FAX: s cJ 133 E -mail: o5,- cCIY 1'vct- tYkiii /X 0140056 AGENDA ITEM # 8A AUGUST 12, 2013 EXHIBIT A The review of an application for a Use -by- Exception shall consider the following items. Please address each of the following as applicable to your specific application. I. Dress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. p l N j C �'-� u t 2. Parking and Loading Spaces, where required, with .particular attention to the items in (1) above. FI ���) \4 i4Li1 ����c-4 <72616'V-- 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception being requested. 4. Refuse, trash collection and service areas. with particular reference to items (1) and (2) above: mkt C«sc ,trash \ l �c \C:: \iLck`_� 5. Utilities. with reference to location$, avVabilit nd compatibility: 6. If adjacent uses are different types of uses. describe type of screening and buffering that will be provided between your use and the adjacent use. \- .C) tr\7 C CDA4e� 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District: (See Signs and Advertising, Chapter 17.) 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of theJomprepiensive Plan.. Other information you may wish to Rovide: 1 1 `a k a IN) c� ( &e r 6.107 c�r� CAA-WA tilinyC1 5w.1e, )'� P 10' /Yd Park Ivo, Gf)r` 0- aa0005b AGENDA ITEM # 8A AUGUST 12, 2013 I = Kcg rc -i prxh r d- +App 514. Toi lei- Prep 'able Ref-r5eral-or 6 z lief Fryer 7 = Dv�rl S = S�dve 9- -Grill 10--, 3 collar- I-me/i Sink. 11- ,ice MAKer 0 CD • LAIFITNESS. JOANN fabric:1 5 16B 17 18 12 13 \ k 4A140 -----1. I 19 21 22 1111111111111TI11111 11111111111111111711M0IME17i71 Leased Premises `# 1-3 3,150 s.f, AvAciirov:.-r , WC 25 27E27B 2821 Will 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7 7 7S7 N IrUTORE OP 1} Atlantic Boulevard 11111111111 BUBBLES CAR WASH NIC I 41trt HIC AGENDA ITEM # 8A AUGUST 12, 2013 NIC acksonvilic Fodarai Credit Union NIC ® antra weed pfod r r® AGENDA ITEM # 8A AUGUST I2, 2013 z LL, 0 0 n RICHARD SMI JACKSONVILLE, FL O 1� N m m LL Emm m 6 ®.0 W C !0 x VI ' 6 N 0 13 vi t w a d u F •c n « °1 t; y 3 m va a w c ni t a LL c ec a a 4 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for UBEX -13- 00100059 SUBMITTED BY: DATE: Michael Griffin, CBO, CFM Building & Zoning Director r Jeremy Hubsch Redevelopment and Zoning Coordinatoy July 22, 2013 AGENDA 1`17?M !I Sts AUGUST 12, 2013 STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: Request for a use -by- exception to allow for the sale of electric vehicles at a vacant site on le Street West within a Commercial General (CG) zoning district. The applicant owns an electric vehicle sales business that is currently located along Mayport Road in Jacksonville. The applicant claims to do about 90% of sales online and serves a customer base that is primarily outside of North Florida. Additionally, there will be no sales or display of products outside of the building. Therefore, staff' is of the opinion that this proposed use is not similar or comparable to the typical automotive sales business along Mayport Road. The applicant is proposing a new building for the site and has presented two development scenarios. Staff believes that if the use -by- exception is approved, option 2 is more favorable. This option visually screens the parking areas from Mayport Road, makes the site more pedestrian friendly, and also provides better opportunities to landscape the front of the property. if the use -by- exception is approved, the applicants will still have to submit commercial plans to staff that comply with the Land Development Regulations. Details of the regulations specific to the site are listed in the attached CDB staffreport. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 186 meeting, and the Board recommended approval by a vote of 5 -0, finding the request is consistent with the Comprehensive Plan as well as Section 24 -63 and Section 24-111(c) of the Land Development Regulations. BUDGET: RECOMMENDATION: ATTACHMENTS: meeting; copy of Community REVIEWED BY CITY None. Approval, recommended by the Community Development Board. Draft minutes of the June 18, 2013 . Community Development Board Development. Board staff report; copy of UBEX -13- 00100059 application. AGENDA ITEM CASE NO CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA 1TEM # 813 AUGUST 12, 2413 UBEX- 13- 00100059 Request for use -by- exception to allow for the sale of electric vehicles in a new building within the Commercial General (CG) Zoning District. LOCATION 58 10TH STREET WEST APPLICANT TED JACKREL DATE JUNE 18, 2013 STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR STAFF COMMENTS This Use -by- Exception is requested to allow for the sale of electric vehicles at a vacant site on 10th Street West, one block west of Mayport Road. The applicant currently operates an electric vehicle sales business called Moto Electric Vehicles at 2426 Mayport Road in Jacksonville, and would like to move to a location in Atlantic Beach. The applicant is proposing a new metal building for the site, and has presented two development scenarios. The First is a 7,731 square foot building with parking fronting 106 Street West. The second is a 7,416 square foot building with parking on the west side of the building. If this Use -by Exception is approved, staff is of the opinion that option 2 is more desirable. This option visually screens the parking areas from Mayport Road, makes the site more pedestrian friendly, and also provides better opportunities to landscape the front of the property. The applicant stated in the application package that the activities on site will be contained to the inside of the building and that a large majority of sales come from online business. This differs from the majority of automotive sales in the area which typically have inventory on display outside. Additionally, the products that the applicant sells appear to be of a higher quality and cost than the typical used car business along Mayport Road. Therefore, this proposed use does not appear to be comparable or similar to other automotive sales businesses along the Mayport Road corridor. If this proposed use was more similar to the existing used car dealers along Mayport Road, staff would emphatically recommend denial. However, given the uniqueness of the proposed business and the fact that there will be no outdoor sales; staff believes the proposed use is worth consideration. AGENDA ITEM # 8B AUGUST 12, 2013 Comprehensive Plan Policy A.1.10.5 of the Comprehensive Plan states, "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods ". The proposed business sells products that can be highly desirable to residents of Atlantic Beach. In a relatively densely populated area, with a wide geographic range of community assets such as Beaches Town Center, the marsh, and the beach; an electric golf cart or low speed electric vehicle may be preferable to biking or the automobile. Staff believes this is particularly likely for the elderly residents of Fleet Landing, the golf club residents of Selva Marina, or residents of the many beachside or marshside communities throughout Atlantic Beach. Policy A.1.14.1 of the Comprehensive Plan states, "The city shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile ". Electric vehicles are energy efficient and better for the environment than those that use gas. Low speed electric vehicles and electric golf carts are also commonly used as alternative forms of transportation in an array of communities across the nation. One noteworthy example is The Villages in central Florida, where golf carts are the preferred method of transportation throughout the community and its commercial centers. Policy A.1.10.4 of the Comprehensive Plan states that, "retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged ". As previously stated, the proposed use promotes a more pedestrian friendly environment that is less reliant on the automobile. Additionally, the applicants are proposing a pedestrian friendly building design that locates the building close to the street, has perimeter landscaping, and visually screens the parking area from Mayport Road. Development Standards If the use -by exception is approved, the proposed site plan will undergo an additional review from staff in regards to compliance with the Atlantic Beach Land Development Regulations. The proposed site is located more than 100 feet from the right -of -way of Mayport Road, therefore the site is not required to meet the commercial corridor development standards outlined in LDR section 24 -171. Below are development standards that will need to be met by the applicants: • Maximum building height of 35' • Impervious Surface Ratio (ISR) of 70% • Front setback of 20' or 10' if parking is on the side or rear of building • Rear setback of 10' • Side yard setback of 10' where adjacent to residential. Otherwise a combined 15 total feet with five feet minimum on either side. • Per 24- 161.b.4, no sales or business activity can occur within parking areas. • Per 24-161.k2, all new development requires bicycle parking. • Per 24.177.e, there shall be a 10' buffer strip between the project and residential zoning along the western property line. The buffer shall be a solid masonry wall, wood fence, shrubbery or landscaping...Such buffer shall be a minimum of 5 feet in height, except within required front yards it shall be 4 feet ". • A sign permit will be required. The site is allowed 1 square foot of display area for each linear foot of frontage, provided no such sign shall exceed 96 square feet or 8 feet in height, and 12 feet in width. 1 free standing sign for every 100' of frontage, up to 3 total signs. • A landscape plan is required. 10% of vehicular use area shall be landscaped; if storing vehicles for sale, at least 5% must be landscaped; a landscape area of not less than 10 square feet for each linear foot of street frontage, 50% of which shall be at least a five foot wide strip abutting the street right of way (except driveways), the remaining area shall be within 25' of the right of way; a durable opaque landscape screen along at least 75% of the street frontage, excluding driveways, must be 3' high for shrubs. Page 2 of 5 Subject Site and Surrounding Properties AGENDA ITEM # 88 AUGUST 12, 2013 Figure 1. 58 10th Street West and surrounding properties (Google Maps) Figure 2.5810` Street West looking east Figure 3. 5810`h Street West looking west Page 3 of 5 AGENDA ITEM # 8B AUGUST I2, 2013 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use -by- Exception (File No. UBEX 13- 00100059) to allow for the sale of electric vehicles for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: 1. Approval of this Use -by- Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24- 111(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. 4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor. If the Community Development Board does agree to recommend approval, staff suggests that the following conditions be placed on the approval: 1. No outside sales or outside placement of merchandise shall be allowed. 2. The applicants shall construct a building similar to what is presented in "option 2 ", with parking on the west side of the building and landscaping between the front of the building and West 10th Street. 3. All of the development standards listed in this staff report and in the Land Development Regulations shall be incorporated into the design at construction plan approval. Page 4 of 5 ITEM # 8B AUGUST 12, 2013 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use -by- Exception to allow for the sale of electric vehicles for property within the Commercial General (CG) Zoning District and located at 58 West 10th Street provided: 1. Approval of this Use -by- Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use -by- Exception is not in compliance with the requirements of Section 24 -63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24- 111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. 4. The requested use is inconsistent with the intended redevelopment of the Mayport Road corridor. Page 5 of 5 Draft Minutes of the June 18. 2013 regular meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 18, 2013 AGENDA 1'1E10 fJ 81t AUGUS "1` 12, 2013 1. CALL TO ORDER. - 6 :02pm Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess, Kirk Hansen, Harley Parkes, Brea Paul, and Sylvia Simmons. The meeting was called to order at 6:02pm. Also present were Principal Planner Erika Hall, Redevelopment and Zoning Coordinator Jeremy Hubsch, and Building and Zoning Director Michael Griffin. Board members Kelly Elmore and Patrick Stratton were absent. 2. ADOPTION OF MEETING MINUTES - MAY 21, 2013. Ms. Paul called for a motion to approve the minutes of the May 21, 2013 regular meeting. Mr. Hansen moved that minutes be approved as written, Mr. Burgess seconded the motion and it carried by a vote of 5 -0. 3. OLD BUSINESS. Nonce. 4. NEW BUSINESS. A. UBEX -13- 00100056, Cantina Maya Sports Bar & Grille (Perez), 1021 Atlantic Boulevard Public Hearing - Request for use -by- exception as permitted by Section 24- 111(c)(3), to allow on- premises consumption of alcoholic beverages in accordance with Chapter 3 of the Municipal Code and a 4 -COP SRX alcoholic beverage license issued by the Florida Department of Business and Professional Regulation, Division of Akohol and Tobacco. The applicant is Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atkantic Boulevard within a Commercial General (CG) zoning district. Staff Report Ms. Hall summarized the request and explained that a 4 -COP alcoholic beverage license, which allows sales and on- premises consumption of beer, wine and liquor, is permitted as a use -by- exception within the Commercial General zoning districts. The SRX designation, which stands for "special restaurant" means that the license is exempt from quota restrictions set for the county because certain other conditions are met. In particular, the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco (FL DBPR -ABT) requires the following of establishments receiving this designation: (1) a minimum of twenty -five hundred (2,500) square feet of floor space under permanent cover; (2) a minimum of one hundred fifty (150) Page 1 of Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Applicant Comment Public Comment Board Discussion Motion AGENDA ITEM # 8B AUGUST 12, 20I3 permanent seats for patrons; and, (3) a minimum of fifty -one (51) percent of gross revenue generated by the sale of food and non- alcoholic beverages. Though these conditions are monitored by FL DBPR -ABT, Ms. Hall confirmed that the applicant's leased space is approximately three thousand one hundred fifty (3,150) square feet in area, according to the site plan, and the number of permanent seats provided is one hundred fifty- eight, according to the floor plan, both of which are submitted to DBPR -ABT for review. The applicant declined the opportunity to comment on his request. No one from the public came forward to comment on the request. Mr. Hansen stated that he saw no issues with this request, as previous occupants of the location had held the same 4 -COP SRX license, and monitoring of the conditions for the "special restaurant" provision is done by the DBPR -ABT. Mr. Burgess moved that the Community Development Board recommend to the City Commission approval of UBEX -13- 00100056, request by Cantina Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district, for a use -by- exception to allow on- premises consumption of alcoholic beverages, finding that said request is consistent with provisions of Section 24 -64, Section 24- 111(c)(3), and Chapter 3 of the Municipal Code for the City of Atlantic Beach, and in accordance with the requirements for a 4 -COP SRX alcoholic beverage license, as regulated by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. Mr. Hansen seconded the motion and it carried by a vote of 5 -0. B. UBEX -13- 00100059, Moto Electric Vehicles ( Jackrel), 58 West 10th Street Public Hearing - Request for use -by- exception as permitted by Section 24- 111(c)(10), to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to as "street legal" golf carts. The applicant is property owner Ted Jackrel and the proposed location is a vacant lot on the south side of West 10th Street having a legal description of Lots 5, 6, and 7, Block 41, Atlantic Beach Section "H" and a physical address of 58 West 10th Street, within a Commercial General (CG) zoning district. Staff Report Mr. Hubsch summarized the request and explained that per Section 24- 111(c)(10), a use -by- exception is required for the sale of new and used automobiles. However, he explained this request is unique in that the proposal is to develop a vacant lot, which will be Page 2 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Applicant Comment Public Comment AGENDA ITEM # 8B AUGUST I2, 2013 owner- occupied by an establishment specializing in the sales of low speed electric vehicles commonly referred to as "street legal" golf carts, and that sales are primarily — estimated at ninety (90) percent — internet- driven. He added that due to the nature of the business being primarily internet- driven, the applicant is also requesting a variance for reduction in required off - street parking, which is listed as item 4C on this agenda. Mr. Hubsch continued, describing the two alternative site plans provided by the applicant's architect. The first presents a seven thousand seven hundred thirty -one (7,731) square foot building positioned to the rear of the lot with parking fronting on West 10th Street, while the second presents a seven thousand four hundred sixteen (7,416) square foot building positioned on the eastern side of the lot with parking on the west side of the building. He noted that the second plan offers better visual screening of the parking area from Mayport Road, provides better opportunities to landscape the front of the property and makes the site more pedestrian friendly. Therefore, staff prefers the second plan over the first. Mr. Hubsch described the surrounding uses as follows: to the east is a parcel that fronts on Mayport Road, currently vacant, but previous occupied by used car sales, moving truck leasing and a car detailing business; to the south is Advanced Lens Technologies, a manufacturer of sunglass lenses; to the west is vacant residential property, soon to be developed by Beaches Habitat for Humanity; and to the north, directly across West 10th Street is the First Baptist Church. He added that the final plan submitted for a building permit would have to strictly adhere to provisions of the landscaping, buffering and signage regulations, and that all goods, services and business activities are to be completely enclosed in the proposed building. So it is anticipated that the property would remain clean and free of the crowded and cluttered appearance that is typical of most automotive sales establishments. Jason Canning introduced himself as the architect for the project and described the parameters of the site and proposed business which had led to the two conceptual plans submitted in support of these applications. Mark Hendry (800 Camelia Street) stated that he had come to the meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of Page 3 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Board Discussion AGENDA ITEM if 8B AUGUST I2, 2013 sales would be internet- based, he said he did not really have much concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left -turn access to the neighborhood south of Plaza for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test -drive track for the low -speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Ms. Paul asked which uses would be permitted by -right on the subject parcel. Mr. Hubsch responded, reading from the list of permitted uses detailed in Section 24- 111(b). Mr. Parkes noted there seems to be many uses listed that would not require a use - by- exception but would generate more traffic and parking needs. Mr. Burgess added that the property would be owner - occupied also, meaning that there would be a vested interest to preserve the property values of the neighborhood. Ms. Simmons noted that the staff report stated the intended use furthered Comprehensive Plan, particularly Policy A.1.10.5, which provides "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses, and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods ". However, she questioned how this business which is both automotive sales — though not as typically seen — and primarily internet- based, could be viewed as "neighborhood serving...that generate daily activity and interaction between residents of surrounding neighborhoods ". She continued, saying that she took the neighbors' concerns regarding traffic on 10th Street, and the potential for it to be used as a testing ground for inexperienced drivers to heart. Mr. Parkes asked for verification that these vehicles had a low- Page 4 of 8 AGENDA ITEM # 8B AUGUST 12, 2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board speed designation, to which Mr. Jackrel replied they did. Ms. Simmons inquired as to the safety of slow- moving vehicles. Mr. Burgess responded that they are typically referred to as "street legal" and are allowed to legally operate on streets with posted speed limits of no greater than thirty -five (35) miles per hour. Ms. Simmons asked if this was a local regulation, to which Mr. Burgess replied it was a state regulation. Mr. Hansen, referring again to Comprehensive Plan Policy A.1.10.5, said in his mind, this proposed use was not an intensive commercial use when compared to the average used car lot where there was typically also heavy automotive repairs done. Referring to the estimate of ninety (90) percent internet- driven sales, he asked if a high inventory would be maintained or if they would receive frequent drop- shipments. Mr. Canning replied that the goal was to lessen travel to and from a warehouse maintained in Gainesville, and that the design of the site plan is being driven by the inventory to be maintained on site. He said the vehicles are customized and fitted with equipment per order and then shipped. Currently, a couple hundred units are sold per year. Ms. Jackrel added that she anticipated much less traffic and fewer disruptions to the neighborhood by this business than their previous business which supplied transit buses. Mr. Hansen asked about the origination and make -up of the other ten (10) percent of business. Mr. Jackrel replied that Fleet Landing was a high- volume local customer. He estimated approximately one to two retail clients visited the bricks - and - mortar store weekly. Other than the showroom, the planned structure would house business offices and a conference room. Motion Mr. Hansen moved that the Community Development Board recommend approval to the City Commission of UBEX -13- 00100059, a request for a use -by- exception to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to a "street legal" golf carts within the Commercial General zoning district at 58 West 10th Street, finding that the request advances the goals, objectives and policies of the adopted 2020 Comprehensive Plan as it relates to the redevelopment of the Mayport Road corridor and surrounding residential neighborhoods, and also finding that it is consistent with Section 24- 111(c) and in accordance with the provisions of Section 24 -63 of the Land Development Regulations. Mr. Burgess seconded the motion and it carried by a vote of 5 -0. Page 5 of 8 AGENDA ITEM It 8B AUGUST 12, 2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board C. ZVAR -13- 00100058, Moto Electric Vehicles (Jackrel), 58 West 10th Street Public Hearing - Request for variance from the provisions of Section 24- 161(h)(3), to reduce the required number of off-street parking spaces for a proposed retail automotive sales establishment, from nineteen (19) to eleven (11). The applicant is property owner Ted JackreI. and the proposed location is a vacant lot on the south side of West 1Oth Street having a legal description of Lots 5, 6, and 7, Block 41, Atlantic Beach Section "H" and a physical address of 58 West 10th Street, within a Commercial General (CG) zoning district. Staff Report Applicant Comment Public Comment Mr. Hubsch summarized the information provided in support of the previous item (UBEX -13- 00100059) and reiterated that the nature of the business was Internet sales, with only about ten (10) percent of sales resulting from customer visits to the showroom. He emphasized that the proposed automotive sales use is not the typical new or used car lot with which most people are familiar. Rather, the Jackrels are proposing an establishment specializing in highly desirable alternative transportation well suited for our community. However, because there is no guarantee that there will not be a shift in allocation of on -site sales versus internet sales, he proposed as a condition to approval of the parking variance that the property owners provide an executed shared parking agreement with the First Baptist Church, located directly to the north, across West 10th Street. Property owner Debra Jackrel addressed the Board, and summarized the nature of her business and how she has maintained her property over the last fifteen (15) years, and asked for clarification regarding the need for a shared parking agreement. Jason Canning, architect and representative of the property owners Ted and Debra Jackrel, expressed concern over staff's recommendation that the variance be conditioned upon the Jackrels securing a shared parking agreement with the First Baptist Church when they already own four platted Tots directly to the southeast of the subject property, two of which front on Mayport Road and two of which front on West 9th Street. Mr. Canning said the Jackrels would likely be parking their personal vehicles on the adjacent parcels, and their employees could do the same. Mark Hendry (800 Camelia Street) stated that he had come to the meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of sales would be internet- based, he said he did not really have much Page 6 of 8 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board Board Discussion AGENDA ITEM # 8B AUGUST 12, 2013 concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left -turn access to the neighborhood for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test -drive track for the low - speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Ms. Paul asked if such a variance would be tied to the property if the business ceased to operate or the property was sold. Ms. Hall responded that generally dimensional variances — being those that affect yard setbacks — are tied to the property and do transfer. However, parking is calculated based upon use, so any new occupant would be reassessed and required to provide off - street parking consistent with the use. She added that this variance request is specifically associated with the use -by- exception request just heard by the Board, and while the Board may move to approve this variance, it is conditioned upon the approval of the use -by- exception by the City Commission. If the Commission were to deny the use -by- exception, this variance would become null and void. Motion Mr. Burgess moved that the Community Development Board approve ZVAR -13- 00100058, request for a variance from the provisions of Section 24- 161(h)(3), to reduce the number of off - street parking spaces for a proposed retail automotive sales establishment from nineteen (19) to eleven, for a property located within the Commercial General (CG) zoning district at 58 West 10th Street, conditioned upon the procurement of an executed shared parking agreement with the First Baptist Church, also located within the Commercial General (CG) zoning district at 1050 Mayport Road, finding that the request is consistent with the provisions of Section 24- 161(b)(6) regarding variance from standard parking calculations and in accordance with the provisions of Section 24 -64(d) regarding the granting of a variance. Further, the shared parking agreement would be consistent with the provisions of Section 24- 161(f)(2). Ms. Simmons seconded the Page 7 of 8 AGENDA ITEM # 8B AUGUST 12, 2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board motion and it carried by a vote of 4 -1, with Mr. Parkes dissenting. Mr. Parkes then explained his opposition to the motion solely on the requirement of the shared parking agreement, stating the applicants' inability to secure such a shared parking agreement could result in the failure to obtain the necessary use -by- exception since the two applications are bound together. Mr. Hansen said he understood Mr. Parkes' dissent and thought it was a good point, but he was unsure as to how it could be justified. Mr. Parkes replied that [per Section 24- 64(b)(1)] each application for a variance shall be considered on a case -by -case basis, and the grounds for approval of this particular case are due to the nature of the business, being primarily internet- driven. Mr. Hansen, as a member of the prevailing vote moved to reconsider the vote approving ZVAR -13- 00100058, to strike the requirement to procure the shared parking agreement with the First Baptist Church, finding that there exists exceptional circumstances particular to the proposed use and that absolute conformance with the required off- street parking provisions of Section 24- 161(h)(3) would prevent the reasonable use of the property as compared to other properties in the area. Mr. Parkes seconded the motion and it carried by a vote of 4 -1, with Mr. Burgess dissenting. 5. REPORTS. None. 6. ADJOURNMENT — 6:50 PM Brea Paul, Chair Attest Page 8 of 8 05/2212013 10:53 1'042212705 05/22/2013 10:33 9942472229 JAOKRELS TRANS PLS GATORMEITO AGENDA ITEM 4 $1-3 AUGUST 12, 2013 PAGE E11 02 APPLICATION FOR A USE-BY-EXCEPTION Mr If Adis& Basch • !MI &rslaak Rand • Adam& $s*cli, Floddr 322334445 now 2474026 • FAX (11114),147-03045 ° http :tlwwi .coab.ur Date 7 ,/13 13— 1 0035q 1. Ap$tnerr. 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B H -) Bergey sold of prey a d• 1 p1M11 Stahl- of c pire, (Two ()) copies a all dacrrpeua Out ere u4t larger thew 11 17 Incite* in sift, Tr plum or pliotogroplia, or color ments Art nabrelittd, Puna provide tit (8) dies of Besse,) t. ors Fe* >1 tumor C1*TWY TIIAT AX•I• mitomviATIoN Pii0VlilED WITH a APPL1CATrON IS CORRECT: Matter. of ow,ie(e) or.utheriz:d pens: if a+wner'i aithorhawihln fords le attached: twisted or t esaete(r)- � � �' c r' ADMEN ANIQ CONTACT CT Ji VOR I,A "Nil' T` - MASON TO itliCt1VE ALL G'ti REGARDING Ilus A!VUCAl l4 ,Na >w.m Aries: % t t Ill r ! C_ C tl'efeefu: (`764) 155 55-61 lrel x: C ) 104? -7 jso+ rat el df r0► , GElA EXHIBIT A AGENDA ITEM N $13 AUGUST 12, 2013 The review of an application for a Use -by- Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. S C L 14 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 1,1 t, it-A -I S N i N I E . t , t \ / A 4 `r'11►L 7 A /A JAlJ 171E l . — 1 Rt 4 y 1-4A$ V I S/TOF r Clara or i 5 i IS c"i L-1 td 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception being requested. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; MO AV V -7Z F I t''tFAC-T 5. Utilities, with reference to locations, availability and compatibility; P 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. A 10 / ,37,t7715,404._ 1.`" i2C r.) Liz. re) 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) -1 A PA . t t: C14 S. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District well as consistency with applicable provisions of the Comprehensive Plan. .•� -r .r f 5 Other information you may wish to provide: ;uesuoo pue uolsslwJad 6ululelgo ;sLl lnoq ;im laneos;egm Jauuew JO;etWOJ Aue ul paldo3 to peonpoldal aq o;;ou si ;l pue 6uiMelp siq; o; slg6u eq; saNesal Aissaldxe 6gaieq 6uluue0 uosaf l NOIldO CHECKED BY:JTC SHEET NO: A1.1 SHEET NVId 3119 OI1VW3HOS >: 13; JT( czrccvOI O d'HOVae ouurvuv 1s3M 133815 WU 010W 2101Vo /30d ONIOline 1V13 MI M3N 10TH STREET WEST 0 0 N 91 „0 -,ZO L W r O 0 0 ri Q zD Z X 0 W 0 u_O M co m n J Z � L J RETENTION SWALE O 3N11 ,U.213d02Jd RETENTION SWALE U T m a AGENDA ITEM # 8B AUGUST 12, 2013 ;uesuoo pus uolsslwJed 6ulule;go;slu ;ooy ;155 laneos ;eqM 1Suuew .10 ;eWO; Aue Li! peldoo 10 paonpojdal eq o} ;ou 9111 pue 6uimeip sly; 0a 0.4g3u ay; sanleseJ Rlsseadxe )(claret.] 6uluuej u000( Z NOI1dO CHECKED DV: JTC SHEET NO: A1.2 .SHEET NVId 3119 OIIVW3HOS f NO 132 33JTC rzzz vOM01'.1- 05)9011115115 1S3513381S H101 OlOW 801V0 5010(1015191 V 13 VI M3 N 10TH STREET WEST 0 91. I L8_-11 0 00 0 0 01 z F „0 -,Z0 0 0 03 03 „0 -,Z „0 -,SL 0 O W W" No '1 M % N o -1 PERVIOUS PAVERS 3Nfl AnI3dONd 0 W _ z 0 J 0 0 00 0 W N 1 �0 Z O w a 0 3 ° m AGENDA ITEM # 8B AUGUST 12, 2013 AGENDA ITEM # 8C AUGUST 12, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for ZVAR -13- 00100058 SUBMITTED BY: Michael Griffin, CBO, CFM Building & Zoning Director Jeremy Hubsch Redevelopment and Zoning Coordinator DATE: July 22, 2013 STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: Request for a zoning variance from Section 24 -161 (h) of the Land Development Regulations to allow a reduction in required parking from 19 spaces to 11 spaces. Section 24 -161 (h) states that 1 parking space is required for every 400 square feet of gross floor area. The applicant is proposing a building that is roughly 7,400 square feet, which by code requires 19 spaces. The applicant is seeking relief from the normal parking standards of Atlantic Beach due to operating a business that relies on 90% of its sales from the internet, and does not generate many in store visitors. It can be presumed that most of the parking on site will be used by staff of the proposed use. According to the website of the business (Moto Electric), there are currently seven employees. In the event that the proposed 11 spaces are not able to handle necessary parking, there is an opportunity for overflow parking at the First Baptist Church across the street. Staff recommends the applicants work out a shared parking agreement with the church, so as to avoid a potential conflict down the road if parking needs increase. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 18`" meeting, and the Board recommended approval by a vote of 4 -1, fording the request is consistent with Section 24 -64 (d) of the Land Development Regulations. BUDGET: None. RECOMMENDATION: Approval, recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the June 18, 2013 Community Development Board meeting; copy of Community Development Board staff report; copy of ZVAR -13- 00100058 application. REVIEWED BY CITY MANAGER: AGENDA ITEM CASE NO CITY OF ATLANTIC BEACH COMMIINITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM # 8C AUGUST 12, 2013 ZVAR -13- 00100058 Request for variance from Section 24- 161(h), to allow a reduction in required parking from 19 spaces to 11 spaces. LOCATION 58 10TH STREET WEST APPLICANT TED JACKREL DATE JUNE 18, 2013 STAFF JEREMY l- IUBSCH, REDEVELOPMENT AND ZONING COORDINATOR STAFF COMMENTS The applicant is requesting a Zoning Variance to allow a reduction in required parking from 19 spaces to 11 spaces. The applicant is seeking to construct a new building that is roughly 7,500 square feet for an electric vehicle sales business. Section 24 -161 (h) of the Land Development Regulations states that 1 parking space will be required for every 400 square feet of gross floor area. The application states that 90% of sales come from online business. Staff has not verified those sales figures, but can confirm that their website is of a high quality and heavily geared towards online sales. The applicant also owns a 4,320 square foot building on 9t}' Street West, a block south of the proposed site The applicant states that he will he parking at this building, and that the parking at the 58 West 10th Street site will primarily be used for employees. The applicant may have an internet based business now, but there is a possibility that the proposed use could evolve into more of a retail business driven by customers who visit in person. There is also no guarantee that the applicant will continue to own the nearby building on 9'' Street. In fact, the building is currently listed for sale. As such, staff believes it would be prudent to have the applicant sign a shared parking agreement with First Baptist Church of Atlantic Beach in the event that overflow parking is needed. First Baptist Church is located adjacent to the proposed site on 10th Street, has ample parking, and has hours of operation that do not appear to coincide with the proposed business. Section 24 -161 (f ) (2) states, "Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred (400) feet away, provided that required off street parking shall in no case be separated from the use it serves by arterial streets or major collector streets, or other similar barriers to safe access between parking and the use. A shared parking agreement shall be required where offsite parking is used to meet parking requirements. In such cases, the uses sharing parking must demonstrate different peak hour parking needs." The First Baptist Church appears to meet all the necessary criteria for a shared parking agreement. Criteria for a Zoning Variance 1. Exceptional topographic conditions of or near the property. There appear to be none. AGENDA ITEM f1 iC AUGUST 12, 2013 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. There appear to be none, 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants operate a business that is largely driven by internet sales. Only an estimated 10% of all customers are from traditional in person visits. Therefore, they may not have the parking needs that typical businesses do. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The property is vacant. 5. irregular shape of the property warranting special consideration. The property is regularly shaped. 6. Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The lot is well above the minimum size of 5,000 square feet for Commercial General (CG). Subject Site and Surrounding Properties Figure 1. 58 10* Street West and surrounding properties (Google Maps) Page 2 of 5 AGENDA 1 "I'EM # 8C AUGUST 12, 2013 Figure 2. 5814`h Street West looking east Figure 3. 58 WI' Street West looking west Figure 4. First Baptist Church parking area Figure 5. First Baptist Church parking Page 3 of 5 A TEM # 8C AUGUST 12, 2013 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Zoning Variance (File No. ZVAR 13- 00100059) to allow for a reduction in required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: The proposed variance is consistent with the provisions of Section 24 -64 (d) of the land development regulations establishing ground for approval of a variance, as follows: (1) There are exceptional topographic variations affecting the subject property. (2) There are surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) There is an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) The subject property has an irregular shape. (6) The subject property is of substandard size. If the Community Development Board does agree to recommend approval, staff suggests that the following condition be placed on the approval: (1) A formal shared parking agreement with First Baptist Church be submitted to the city of Atlantic Beach. Page 4 of 5 DA ITEM # 8C AUGUST 12, 2013 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Zoning Variance (File No. ZVAR 13- 00100059) to allow for a reduction in required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: The proposed variance is inconsistent with the provisions of Section 24 -64 (d) of the land development regulations establishing ground for approval of a variance, as follows: (1) There are no exceptional topographic variations affecting the subject property. (2) There are no surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) There are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) There is not an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) The subject property does not have an irregular shape. (6) The subject property is of standard size. Page 5 of 5 ©5/22/2313 10:53 05/22/2013 10 :33 19042212705 JACKRELS TRANS PLS 9442472229 GATO TO UV AGENDA ITE1v1 I! 8C ALKILIST 12, 2013 PAGE 02/02 02 /IMPLICATION FOR A VARIANCE Ctrty o#' Atbotle Reach " A1IM Somiaolia Rood " Atirode Smelt, Flail& 32233 -5445 P4twt (9 4) 247 41*0 • FAX (900 247` - 11itR:lfwfr�rrCIF11 .M� > - - Ioo099 amMIW 4 , A4911..at't Nines 2. A nt'S /Idiom . Proptelr Longtime 4, 2- t'ilsztfL. Property ,A, ;'aRral Nome Number _11±2.77,26,,c0 f to /v). 7� /CI S. Calmat Zaalag Ciiimideadaa _. CoMProltondor rias Future Land Uee d&wdatt ... 7. Provldei rasa WWII Vtahuutx 4e moored 4. 8d' I` 9. liMaraveneet Asmeiribia or Aral Review Committee approve rN uiwN for Oot proposed eonttrucdun. Met Orin (11 yea, deb Bawd be dttbwitfed 'NW any oppiteatloa for a D.ildiod tn. Statement of llama and time reit►eea to regarded %Wo wa. +nfitk7A dead.rrNratat ate wfHtr S Senor 2441 of OP Zang* Iiiihdreides said 1.wid Developing ).t rdrrkt ewr, a oapy or 'wbi 1a .ttrchtti to flits application. 'IL Provide MCA lY■iwIig biltogoolioo: sr tide s NnY that Yam# • Trost at aide (Owl or E by lawyer or rd ufrect �erpaa mord mow as above). If die arpolleont it rot gm o nw v i loam ,f* atb abat on from tlro u.anrr(w) for 10101totif to rgraill l lire owner for wpm' rolorol is Mil appticatiOn must be provided. b. 5vviry nett Uri deaettptimi o!propertY ler which Va la le lessieI. c. Rgred want*, of colon: Four (4), d, Apologies Pot (#'.l0. ) 1 MIRY CERTIYY MAT ALL a TION PROVIDED WITH THIS APPLICATION IS Shutoff at owrer(t) or ttottiort idi peony Fi ewuerC'e turbOVIZOlow forts b *Chitchat 10- �� F1 (L €L Mated or typed Itii*r(r): Abolterld AND CONTACT *r GAXDU1C 2818 hiruct UOiv Now: ,111,014 MdNMI� Address: nom C`r `; ' 5 FAX: � 2 Mart 4.. TION OF PIERSON TO RECCE ALL CORRESPONDENCE 601,1 rl t 11._C 322- 17 .1JA vi i/Z.lt , vcv AGENDA ITEM if 8C AUGUST 12, 2013 Section 2447. Definition of a Variance A Variance shall mean relief granted from certain terms of this Chapter. The relief granted shall be only to the extent as expressly allowed by this Chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s), Any relief granted shall be in accordance with the provisions as set forth in Section 24 -64 of this Chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Sie, 24 -64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1) a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance, (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing, Upon receipt of a complete and proper application, the Conummity Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent, (e) Grounds for denial of a Variance. No Variance shall be granted if the Community Devcloprnent Board, in its discretion, determines that the granting of the requested Variance shall have a materially adverse impact upon one or more of the following, (1) light and air to adjacent properties. (2) congestion of Streets, (3) public safety, including risk of fire, flood, crime or other threats to public safety. (4) established property values, (5) the aesthetic environment of the community, (6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, Protected Trees, or other significant environmental resources. (7) the general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner. AGENDA ITEM # 8C AUGUST 12, 2013 The following naratrranh sets forth reasons for which aVariance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided, (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for the following reasons. 0 (I) exceptional topographic conditions of or near the property. (e) 0 (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. L (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. AL -1140064 -( 114 L Xt- ot- i t~t'Ii LV(L�L 1~ T l �, zos r*LG Sr L t t—L— A — ' 1.4 �fE vt5l`rog DUB -C2 A ! ,. E tt& 7-1 l- C 1 t~ 2 1?trcor l�tL t-ctfl 7 (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. 0 (5) irregular shape of the property warranting special consideration. El (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter, (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance, (h) Waiting period for re- submittal. [fan application for a Variance is denied by the Community Development Board, no further action on another application for substantially the saute request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. (j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. AGENDA ITEM # 8C AUGUST 12, 2013 Additional comments: L r.:s Nt•Try c-Og:W-E-14 T Q U1 tit- I T OF C /) AC PC g- Eva ,st- or 131)/LP r i & (2( 'J tX -15 A51? t Th or VA K t r Tl- l3 t -4.Aki 5 T t f r t ric z.E tra nA1-.r -rcC ont r.5 Qaf-(1. /41-50 A. P,F.Tcat' 1l C 1 A417tJrI 7± + Ta x't6-rr4( our Wr, . ,4T -1-1-(E, AE ZCALP l C)g-- -774E +t/ i774(14 TAE. 13 U C-P I L& Ail c7 ! k'JI cr f—k, / k1 AtI F F-114 - -- -rti oLvkleg.. 1-0 , ern -[ A _(ON' LAr E- ... (g. 1E ct MY rte ) T 10/4G 0 CA--',fir Vtzt AN° C7FY1O J g- 63( -43V fTTE + r r 3c (Oki AGENDA ITEM: AGENDA ITEM # 8D AUGUST 12, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Request for a Waiver from City Code Section 19 -7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage. SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: July 12, 2013 STRATEGIC PLAN LINK: No link BACKGROUND: Applicant proposes to modify their existing driveway at 149 Oceanwalk Drive south to create a circular driveway. The lot frontage is 90 feet. City Code Section 19 -7 contains the following requirements for circular driveways (emphasis added): (f) Maximum driveway width at the property line and through the right - of -way shall be 20 feet. Maximum driveway width for circular drives shall be 12 feet, and circular drives shall only be permitted on lots having at least 100 foot frontage. The applicant proposes to replace the existing driveway and add an extension to make a circular drive using pervious pavers (see Attachment 2). Estimated impervious surface coverage of the right of way with the new driveway is less than 30 %. Limit per City Code Section 19 -7 is 50 %. Applicant's initial submittal to the Oceanwalk HOA was rejected because of excessive tree impacts. The proposed driveway had been evaluated by the AB Tree Coordinator (Erika Hall) and meets City requirements with no mitigation requirement. Applicant has expressed intent to appeal HOA ruling at next board meeting (July 15th) and asked that the Waiver application be submitted for Commission approval. BUDGET: No budget issues. RECOMMENDATION: Consider approval of requested waiver to the City Code Section 19 -7 requirements. ATTACHMENTS: 1) Waiver Application for 149 Oceanwalk Drive South 2) Proposed Driveway Plan Reviewed by City Manager: -w �a APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER Section 24 -46(d) permits the City Commission to authorize limited Waivers, an a case -by -case basis, from a specific provision(s) of these Land Development Reg- ulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific pro - vision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the in - Land Development Regulations is enforced. A Waiver shall not ment or term customarily considered as a Variance or any r prohibited as a Variance, and shall be considered only in c administrative procedures are not set forth with the City C 1. APPLICANT'S NAME gjgu irement or term w bilefe iv e of Ordinances. AGENDA ITEM # 8D AUGUST 12, 2013 City of Atlantic each 800 Seminole Road Atlantic Beach, FL 32233 (P) 904247.5826 (F) 904.247,5845 www.coab.us DATE FILE # RECEIPT 2. APPLICANTS ADDRESS V C-G/ viP\ L 3. PROPERTY LOCATION AAJW '\L.t )N,+.1 L-r ee 4. PROPERTY APPRAISER'S REAL ESTATE NUMBER 4 - D (8o 5. CURRENT ZONING CLASSIFICATION 6. FUTURE LAND USE DESIGNATION 7. LDR provision(s) from which waiver is sought RoPi-r c 8, SIZE OF PARCEL: —7 PARCEL FRONTAGE f 7 PARCEL DEPTH L3 7, DZ PARCEL AREA 9. UTILITY PROVIDER 4(14, 1 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24 -46(d) of the Zoning and Subdivision and Land Development Regulations, and specifically describing how the renuest compifxwith thethe Conditions n ssaryfor the_City Cpmmisslon tg approve this request, Please use second page if additional space Is necessary. 7Ie'( £c 5i,21-7V"7 fr- rn / me. .-r ere( Gi f „A„ arve-rtJ r7 psi tj cc) page 1 of 2 yr et. /_y Version 2.28,20017 APPLICATION FOR WAIVER FROM A PROVISION OF THE LAND DEVELOPMENT REGULATIONS 11. Provide the following information. Applications will not be considered complete and will not processed until all items have been received. a. 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 from the owner(s) for the applicant to represent the owner for all purposes related to thls application must be provided. b. Survey and legal description of property. c. Required number of copies (2). d. Application Fee ($150.00), AGENDA ITEM # 8D AUGUST 12, 2013 City of Atlantic Beach B00 Seminole Road Atlantic Beach, FL 32233 (P) 904.247.5826 (F) 904.2475845 www.coab.us I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. Signature of owner(s) or authorized person if owner's letter of authorization is attached: PRINTED OR TYPED NAMES) SIGNATURE(S) x CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME ADDRESS PHONE E -MAIL 215 q14- a4 / -O3w FAX ADDITIONAL SPACE FOR QUESTION 10: LJ Q -z4 /- ()32( CELL q 3` 0 f04 page 2 of 2 Version 218.2007 i 'V617376 PO09.t16 OFFICIAL RECORDS rot3 1)t:iih, made this _j any of Jul} . 1:11)2. hol.hoo n JAMES N. MCGADVI:Y AND EVr1.YN S. NCGAEIVRY, buskin,.! and wife, hereinafter referrer) to (IS 'Grimers "'�'ttntl STEVEN A. SWAIN AND TOM SJWA 11. Itt:•:i•qua e.n1 silo. t•,1 .;,' pout office allure :i:t in .a1u Harunest iloaen. Florida :12206, hereinnrtor referred lc es "Grantee'.; H i •1' ir' f. '' 1•. . di line. Grantors, for and in consideration of the sum or TIM and Pullers ($10.00) rand nihor grin,' tind voluahi:• tnrt1tilter :,t ion t :t hnatrt paid Iiy Ihr malt tir•atilov, the r•'reip1 end snfrivioneY of which It: harerhy aek(1owludg,..I, !teen }(taunt,!, litrgutla'd and t;ol,t to the. unit! 6:nuive, GrnnLuet's hairs, suee:t•:;xnrs and a :tttigna forever. that t:t'rtnin land. U1:ant,' lying and• ht:tat( 1:t '.h( (:dune :• of Duval. Slate it i•lurtdn and :nor.. oursic•nlar1y described tt' )not 88, Oouaiiwnik Unit. One, uocoraing to plat theroof rcuorded in Plat Hook X12, pages 1 through IF, of tho Pultlio Raaordn of Duval County, Plorldtt. TO !U\ l•. ANI: f0 1(01 It that some 111 (tit• s inn l r ;Yni.t,)r••t to tnxea and uaa(•Stnnt'nLs for 1I, your or eonveyani:u, ail (Antlers shout on the aforesaid Plat of l)nennwalk. and the Declaration of Covenitltl.t null netttt'tutiorts for (tncanwnik recorded in Ofrtaiul Itoeordit Volume: 13141 ai page 540. ti amended by Amendment and Extension of the Itet'lar•ai.trn of t.•nt,oltnls and hestriolit.tn:: fur Occiuit.•;til; recorded In Official Hennas Volume t9160 nt page 400. rind by Soonud Amundmtut and Extension of the U'c•inralinn of Covenants and Rnstr1ct1unta for Ocetinvailk recorded In Official Neeordtt Donk 626S at. page 328. all of the Piinlie Nncorda of Duval ('nnit.y, Florida. Grantor hereby fatly warrants the Lillo of said land. and wilt defend the HUMP against the lawful claims of all peritllltt whommoevor. IN WITNESS WHEREOF. the said (iritnturs have hereunto sot Lhoir hands and snails on Lh(t any and year fire.' above written. $ignnd tinted and delivered in our I,resotttt lint ttlnt'itu•u: .t.r p.,.. .s N. Meth rvcy. Jr. EG4r4S.- Patrir(a U. Fell. STATE OF FLORIDA COUNTY OP DCVA1. mes N. MoGarvcV i � p... s: I7i.-4" A ^1y}tisJ R N DItilt)dth Mh. the undersigned authority., Lhtt tiny personal l) appi1ir JARES. N. MoQAitV1?Y and EVEI.YN S. McGARVtlY, huebnnd and wife, persutlghl 1 �l i known to me, who ar�nouittdtiitl 1.c,.arri before ttl • under oath, 1.(1111. I.4 , 'zc _. . ,4 yi '4 WITNESS my Rend nntt nfflct:tl itP111 (het; ..,(,3•. ,lay or lily, Itt;32g = i 3 ' T• Name: Patricia U. nilIaSy • No1etr)' Public. 'nett: f•:' f•1orida AGENDA ITEM # 8D AUGUST 12, 2013 exectiLed Zhu furenettie instrument roe Eh, plirboans Ihoreia sLahel t a ht i'r'uunred n)•: d'tL111'ia 11, kritie)• 2.43s tic,. third Street Jetoh.,.•,ii: 11,• Ii, , .lt I'1 Patricia kItoar STATE OF F ORIDp PubOV eomm Ew5/21/94 .• , , BONDED . , •SiAMP TAXI ,333.0(1 1 }OCtiA•IEh:1 t31t.. MAP SNOWING SURVEY OF LOT 88, OCEANWALK UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGES I THROUGH IF (INCLUSIVE) OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. N1192'40 "E 90.10' O 20' OAK 016' PALM o B' MAGNOLIA 6` MAGNOLI4 0 Ir PALM 0 13' PALM CONC. PAVER POOL DECK 0 b' OAK 40,4 \ -�--- Zoe PALM 3 0 J O 9° PALM 6.0' l0 E 28.4 ONE 4 TWO STORY FRAME W/ STUCCO RESIDENCE 6149 EX. CONC. DRIVE 2041' 6' 8AK ob. PALFtdI' PALM OLT" PALM PERVIW6 PAVER4 18' PALM Cr PALM 013' O O ' OAK PALM 8' PALM RIGINAL IMPERVIOUS CALCULATION NAME AREA �.; aS1i' TEE O261I I I,t01.4767t1 SCRUM PROPOSED 0 IMPERVIOUS / tr b' PALM CALCULATION 4.9 -a� 11111111LIZAIMILLLIJI A lace O it PALM 0 10" PALM 6)14' PALM 024' PALM 011' PALM Kb' E4 FBMT. r- -I 016. • 10' PALM 1.8' 6.6' POO- L PUMP B' :G:7Bii @:7 R411111111m1FT 4.W! t },IOw DIN%COMPAGI OCEANWALK DRIVE SOUTH (RAU 114R11924) 4441.168 R BEAR8 TIE 614NATIRE Alb THE ORICUNAL RAISED 6EAI. W 4 FLORIDA UGB16® SURVEYOR 4340 MAPPER. DM DR4WN0, 6KETCI4, PLAT OR MAP* FOR 66ORM4T1044AL PURPOSES ONLY, AND B NOT v4UD, NOTES L Boring* ao bated on the 18.66)4 Pl0. 2. 114. 4 • Bood6y Sunny 3. Elevation. anon Nw. (180) refer to North Avarice.. ~led D.Ym of I388 MAYO 6B). a By Cooled plotting eny, Ur properly Ono hereon It.. NMI, Zoom'34' as Owen on the Federal Energn.y M.nyg.srrn Ag.ncy (F.EMA.) National Flood Irevaroe frAnnes Mq ' Flood del. n A.n,RR&M My OUR. 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Deed Book PS BALL Foal Be I dig Re,Vlotton Lire Lwow ABBREVIATION DEP68710N LEI, Lle60.6d B0.lreu R.L.B. RR�eddlal.red Lord 6.34 J.E.A. JacF.armlike Electric Authority SOUP 410 046.T.V. M MM.) L. Q6. LP. Con. 0.bi. T.Iol.bn Overhead Lin.. Reld MN.wd Roll. equal. AAA Loth 6 Chord Bear Drum. Delta o GM, Angle squall kV. Pipe Corset. RICHARD A. MILLER 4 ASSOCIATES, INC, PROPE66bNA4- LAND SURVEYORS 106 NATURE 41ALK PARKWAY, UNIT 104 P6. (6041 1216138 6T, AUGUSTNE FLORIDA 37082 Tele. (60O) 124.726 114411,4 TO mrt.T 7446 N. YVOT • A 106 RDP.6.a.e101 OP AN LGTW& .lD 4410,.0, MOO 0004 Mt 8•0,60. Ale 6 46000840.6 Y1W 70 r10.M 110OMJL ere1oJ04 AP 0114006 MO 66) FORM 8T 440 6.0404 80480 a PIIm6N(O414L t.6n 6RV1TO.6 AID HUTIM, N 041/011941 6464 Oay =avow oats. nom.. ,blW.eM. 9. ro 680.46 aeon 6404 .T4UI10, BY, WLJJAM J. MELR066, STATE OP Fi -ORDA, REGISTERED LAID SURVEYOR, CERTIFICATE No, 6643 GENDA ITEM # 8D AUGUST 12, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Parking in the right -of -way DATE: July 12, 2013 SUBMITTED BY: Michael D. Classey, Chief of Police SRATEGIC PLAN LINK: N/A BACKGROUND: AGENDA ITEM # 8E AUGUST 12, 2013 Over the past several years the City has received numerous complaints about parking in the right -of -away, particularly on the through streets such as Seminole Road. Currently there are two city ordinances that address this subject. Ordinance 24 -161 Off street parking and loading (1) (c) states the following: Parking for residential uses shall be located within paved or stabilized driveways, private garages or carports or such areas intended for the day -to -day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or landscaped portions of public rights -of -way adjacent to the lot. Chapter 24 pertains to Land Development Regulations and Zoning. In the past, Code Enforcement has attempted to control this through the issuance of warnings and putting the property owner on notice that it is a violation. That resulted in some improvement, but usually only in the short term. After a couple months, the violations usually return to the previous levels. Section 24 -161 does not have a penalty component to it so the only enforcement mechanism is through City Code 1 -11 which states the following: ... where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the city or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. The instrument used to charge the offense would be a Notice to Appear (NTA) issued by a police officer. This concept is problematic at best for a number of reasons. First of all, it would require a mandatory court appearance even if the person wanted to just pay the fine. Second the ordinance provides a penalty of up to $500 which the judge could apply on a first offense. Third, issuing an NTA requires personal service to the violator which require multiple attempts especially if someone is trying to avoid service. AGENDA ITEM # RE AUGUST 12, 2013 In the parking ordinance Section 21 -23 "Parking more than seventy -two hours prohibited" states: No person shall park a motor vehicle on any street or righi -of -way for a period of time in excess of seventy -Iwo (72) hours. Regular parking citations can be written for violations of Chapter 21. However, the difficulty in enforcing that section is that in most instances the vehicles are not parked there continuously for 72 hours. However, they may be parked in the right- of-way virtually every night, which is not aesthetically pleasing and causes damage to the landscaping. Further, parking in the right -of -way creates a public safety hazard by limiting the sight visibility from vehicle entering form side streets or other driveways. As staff understands it, the intent is to allow limited short term parking for guests and visitors, but not to convert it to regular parking for residents. If the Commission desires to have the ability to have enforcement action taken, staff recommends changing the title of that section, removing the current language and replacing with the below. Sec 21 -23 Parking in the right-of-way. Parking in the right of way_on a very occasional or infrequent basis for periods generally short in duration is permissible. Parking in the right-of -war is riot intended to be a solution for limited driveway and/or garage parking. No arson shall routine/ ark in the ri ht -of wa where routine/ is defined as 3 or more occasions in any 7 day period. The amount of staff time to investigate these violations would be substantially greater than that of any other parking infraction given that multiple occurrences are required before it constitutes a violation. Therefore, the Commission may wish to consider setting a fine amount greater than the general $50 penalty. Staff recommends the fine for a first offense be set at $100. Further, the likelihood of repeat offense would be greater than with other parking violations. As such, staff recommends an inflating scale for subsequent offenses of $150 for the second within any 24 month period and $250 for third and subsequent offense with the 24 month period. Finally, for fourth and subsequent offense with any 24 month period the fine would be $500. BUDGET: None RECOMMENDATIONS: To provide the Commission with information and options for addressing the concerns over parking in the right -of -way and to seek their direction for staff. ATTACHMENTS: Draft of ordinances revisions. REVIEWED BY CITY MANAGER: R: AGENDA ITEM # 8E AUGUST 12, 20I3 PART II - CODE OF ORDINANCES Chapter 21 - TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 2. - ENFORCEMENT DIVISION 2. - ENFORCEMENT Sec. 21 -36. - Issuance of citations. Sec. 21 -37. - Form of citations. Sec. 21 -38. - Schedule of fines. Sec. 21 -39. - Payment of parking fines. Sec. 21 -40. - Disposition of money collected as fines. Sec. 21 -41. - Presumption of motor vehicle ownership. Secs. 21-42---21-49. - Reserved. Sec. 21 -36. - Issuance of citations. The director of public safety shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work, with the records division of the public safety department. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -37. - Form of citations. Citations for violation of parking ordinances shall: (a) Be in writing and in the name of the city; (b) Set forth substantially the nature of the offense and the number of the ordinance being violated; (c) State the date and time delivered; (d) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic Beach, finance department the applicable fine as established by section 21 -38; and (f) Shall be signed by the person issuing them. (Ord. No. 75- 04 -65, § 1, 9- 13 -04) Atlantic Beach, Florida, Code of Ordinances Page 1 PART 11- CODE OF ORDINANCES Chapter 21- TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 2. - ENFORCEMENT Sec. 21-33. - Schedule of fines. AGENDA ITEM # 8E AUGUST I2, 2013 There is hereby established the following schedule of fines to be assessed in cases of parking violations occurring within the city: (a) Parking in prohibited areas $50.00 (b) Parking within fifteen (15) feet of fire hydrant $50.00 (c) Parking double $50.00 (d) Obstructing traffic $50.00 (e) Obstructing driveway $50.00 (f) Parking over time limit $50.00 (g) Other improper parking $50.00 (h) Illegal parking in designated ADA Accessibility parking spaces $250.00 (1) Parking in the right -of -way First offense within any 24 month period.... $100 Second offense within any 24 month period.... $150 Third offense within any 24 month period.....$ 250 Fourth or subsequent offense within any 24 month period.... $500 (Ord. No. 75- 04 -16, § 1, 9- 13 -04; Ord. No. 75- 04 -17, § 1, 10- 11 -04) Sec. 21 -39. - Payment of parking fines. (a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00). (c) The director of public safety shall have the discretion of relieving the person named in the citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented by the director of public safety. (d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed pursuant to the conditions set forth within this chapter. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -40. - Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the director of finance in a manner as prescribed by the director of finance. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Atlantic Beach, Florida, Code of Ordinances Page 2 AGENDA ITEM # 8E AUGUST 12, 2013 PART II - CODE OF ORDINANCES Chapter 21- TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 2. - ENFORCEMENT Sec. 21 -41. - Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Secs. 21-42-21-49. a Reserved. Atlantic Beach, Florida, Code of Ordinances Page 3 AGENDA ITEM # 8E AUGUST 12, 2013 PART II - CODE OF ORDINANCES Chapter 21 - TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 1. - GENERALLY DIVISION 1. - GENERALLY Sec. 21 -16. - Manner of parking. Sec. 21 -17. - Prohibited in specific areas. Sec. 21 -18. - Obstructing traffic. Sec. 21 -19. - Compliance with signs prohibiting parking required. Sec. 21 -20. - Parking limitations. Sec. 21 -21. - Parking for certain purposes prohibited. Sec. 21 -22. - Commercial, recreational, etc., vehicles; weight requirements. Sec. 21 -23. - Parking more than seventy -two hours prohibited. Sec. 21 -24. - Abandoned, wrecked, junked or inoperative property etc. — Declared unlawful; exception' nuisance declared. Sec. 21 -25. - Removing and impounding. Sec. 21 -26. - Same -- Towage and storage charges. Sec. 21 -16. - Manner of parking. (a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided in the following paragraphs: (1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or sign. (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads. (b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed in any location on public or private property, which interferes with the safe, clear and unobstructed sight distance of any rights -of -way intended or designated for use by pedestrians, bicycles, and vehicles. Such obstruction shall be immediately removed by order of the police department, and if required, charges for towing and storage, as set forth herein shall apply. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) State law reference— Similar provisions, F.S. § 316.195. Atlantic Beach, Florida, Code of Ordinances Page 1 AGENDA ITEM # 8E AUGUST 12, 2013 PART II - CODE OF ORDINANCES Chapter 21 - TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 1. - GENERALLY Sec. 21-17. a Prohibited in specific areas. No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the following provisions, except when necessary to avoid conflict with other traffic, or when complying with the directions of a police officer or an official traffic - control device. (a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (b) On any city right -of -way within seven (7) feet of a public driveway, or private driveway upon com plaint; (c) Within twenty (20) feet of an intersection; (d) Within fifteen (15) feet of a fire hydrant; (e) On a crosswalk; (f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or devices established in the area; Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. (1) A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person, and no penalty shall be imposed upon the driver for this monetary parking. (2) A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00). (h) Parking shall be prohibited on the following streets and roadways at all times: (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (South). (4) Seminole Road. (5) Plaza Drive (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive. (8) Levy Road. (9) Dutton Island Road. (10) Donner Road. (i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as authorized by the city, shall be parked overnight in any public park or public open space, on any property occupied by a government use, or in any other location posted by the city to prohibit overnight parking. (Ord. No. 75- 04 -16, § 1, 9- 13 -04; Ord. No. 75- 04 -17, § 1, 10- 11 -04) (g) Atlantic Beach, Florida, Code of Ordinances Page 2 AGENDA ITEM # 8E AUGUST 12, 2013 PART 11 - CODE OF ORDINANCES Chapter 21 - TRAFFIC AND MOTOR VEHICLES ARTICLE H. - STOPPING, STANDING AND PARKING DIVISION 1. - GENERALLY State law reference— Similar provisions, F.S. § 316.1945. Sec. 21-18. - Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -19. - Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a vehicle in such a designated place. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -20. - Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -21. - Parking for certain purposes prohibited. of: No person shall stand or park a vehicle upon any roadway or right -of -way for the principal purpose (a) Displaying it for sale: or (b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -22. - Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor unit or trailer unit of any tractor - trailer -type truck, upon any private property in a residential zone except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right -of -way, except for the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. Atlantic Beach, Florida, Code of Ordinances Page 3 AGENDA ITEM # 8E AUGUST 12, 2013 PART II - CODE OF ORDINANCES Chapter 21- TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 1. - GENERALLY (c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21-23. e P N8-p er-SG-11-S seventy r ,o (72) hour- eo Parking in the right -of -way. ef-w fe a period --e# +me --i^ xeess -of Parking in the right of way on a very occasional basis for periods short in duration is permissible. Parking in the right -of -way is not intended to be a solution for limited driveway and /or garage parking. No person shall routinely park in the right -of -way where as routinely is defined as 3 or more occasions in any seven (7) day period. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21 -24. - Abandoned, wrecked, junked or inoperative property, etc. — Declared unlawful; exception; nuisance declared. Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) Sec. 21-25. - Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right -of -way within the city to a public garage or other place of safety under circumstances enumerated in this article: (a) When a vehicle is left unattended: (1) On a sidewalk; (2) Within seven (7) feet of a public or private driveway upon complaint; (3) Within fifteen (15) feet of a fire hydrant; (4) Within an intersection; (5) On a crosswalk; or (6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (b) When any vehicle is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (c) When any vehicle is left unattended upon any street or right -of -way for a period of time longer than seventy -two (72) hours. (d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal. Atlantic Beach, Florida, Code of Ordinances Page 4 AGENDA ITEM # 8E AUGUST 12, 2013 PART I1- CODE OF ORDINANCES Chapter 21 - TRAFFIC AND MOTOR VEHICLES ARTICLE II. - STOPPING, STANDING AND PARKING DIVISION 1. - GENERALLY (e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75- 04 -16, § 1, 9- 13 -04) State law reference— Establishment of rotating wrecker call list, § 21 -50. Sec. 21-26. - Same—Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. Ord. No. 75- 04 -16, § 1, 9-- 13 -04) State law reference --- Charges for towing and storage, § 21-51. Atlantic Beach, Florida, Code of Ordinances Page 5 AGENDA ITEM # 8F AUGUST 12, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Construction Services for Rose Park Improvements SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: July 12, 2013 STRATEGIC PLAN LINK: No link (was added to the FY 2011/12 Strategic Plan, not specifically included in 12/13 or 13/14 plans. BACKGROUND: Bids were opened for the Rose Park Improvements (PM1302) on Wednesday July 10th. There were eight bids, all of which exceeded the authorized budget. The low bid was from C. C. Borden Construction for $283,666.62 (base bid without contingency). The remaining bids ranged from $295,566.45 to $395,443.02. Staff has evaluated the low bid and determined that it may be feasible to reach the budgeted amount by removing some items from the bid and constructing them separately later, including the Dog Park, pavilion, new well for irrigation, and water / sewer services to the future restroom and proposed water feature. This will require authorization to negotiate with the low bidder on the terms of the bid award. Staff prepared the project bid documents with intent to award the playground area separately by working directly with the four major playground suppliers in NE Florida. These providers were instructed to prepare proposed designs for a 5 -12 year old playground for presentation to Staff. Presentations are scheduled for July 17tand 18t with Staff selection pending at Staff report submission deadline. Because of the bid costs of the base construction, a separate line item for the new playground will be discussed during budget workshops. The FY 2014 Budget request includes $50,000 for study to produce a Parks System Master Plan. The purposes for conducting this study include developing an inventory of existing parks facilities and / equipment, along with estimated costs to maintain what we now have; and evaluating, with significant public input, what additional parks services and amenities are needed or desired by the Atlantic Beach community and how to pay for these added amenities. BUDGET: A total of $225,000 was budgeted in the FY 2013 'A Cent Sales Tax Fund (account 131 - 6020 - 572 - 6300). Engineering design and Survey services were $19,750, leaving an unencumbered project balance of $205,250. RECOMMENDATION: The Commission may choose to add additional funds to the project so that it may be awarded as bid (additional $106,778 required to award with 10% contingency) or direct staff to negotiate with C.C. Borden to bring cost within budget as discussed above. Project will still require an additional $50,000 for playground and play surface. Alternatively, the Commission may reject all bids and place this project on hold pending completion of the Parks System Master Plan. ATTACHMENTS: 1. Bid Tab REVIEWED BY CITY MANAGER: City 01 AIFarrlic Beach Rose Park Improvements Projatt JUly10.2013 BID 1213 -04 3:34 PM Required Documents. BSCO, Inc CC, Borden Construction. Inc. C & Lt •^'rope, Ino Getaway Contracting, 5 Coro Conslrudian Company Grehn May. Inc Hager Construction Company Petlicaat-Ochmitt Ciwl Contractors Submissions Triplicate -All Documents. X X % X X X X X Document Reauremerde Cheditist X X X X X X X X W -0 Fora X X X % X X X X Bid X X X X X X X Bid Bond - 5% of Ire lad amount X X %. % X X % X Drug Free Wort-pace X 11 X X X X 7C Kole En41y Crarrret Statement X X X X X X %' X F, Is - last two 12) years X X 1< yf X pt Tber'u pre.lds open newel. hrieid /rennin. drror, R Proof of InsyranCe X % X X X X n∎ X X £aperence - Protect-5,e 05Y yes X 0 X X X X % X Gmneral Cbr4r3Ctoes License (Addendum 21 X X X % X X X X Rete'renceS - Fun) X X X .7f X X X X Dacumentation of Any Addenda" 0 Aoplilca0re i AddeekhTrr 1 -June 24. 2`013 (revised bid fomr) _ X X % X s X % X AAdde th,n 2 -Jure 19, 2013 (Gestate requirement') X X 0. % X % % X Addis—Mien 3 -Aura 20, 2013 (2nd renscn lo bid fo mY X X 0. X .0 X % X ... -..1m 4- July 2, 2013 PAN 1- sce1 Mat Raft 2- 0 8 A Part 3- 3rdreeson to bid Form) X X % X X X X X Addendum 5- July 5. 24'310 a A and Pavilan Mans} X % ND X X X X X TaUl Bass Bid (Itaratx 1.96) 5343,000.04 5283,669.57 5354,140.09 $345,440,42 0375.53500 5347,62960 3291 76105 5326,30403 Ten Percent 014%) Contingency el Total Base Bid 334.200.00 528.366.38 535.490.01 139.3_14.39 13'7,55350 p $34,762.96 5.29.575:01 332,120.40 'r01a1 [Base Bid P540100. Contingency( 5376,20000 031202353 93899, 551,09 9434.98742 1 5413.092.80 1342,392.56 5325,344.46 535093.3_31 Total Base Bid With AddI ANemate Owns') -37) 13e7.504A4 8293,671.47 5343.7,55.08 9.413.031,E 9389.16.0.04 5360,6^,x9.50 3347.401.45 9336,25983 Ten Percent 0909:) Contingency 44 L Base Bid 894.754.40 529,703!.15 538„37631 t 541,26340 '538,946.00 536.48290 §30.104.41 933.62096 Total Mato Bid Pius 10% Contingency) 5382.254.40 93).};038.62 #140.411.19 5454,147.44 51,28,446.04 1396050.56 5731.14840. 5369,88553 '^---THE TOTALS SHOWN ABOVE ARE THE WRITTEN AMOUNTS SUBMITTED BY BIDDER. US'ON VERIFICATION OF BIOS, THE FOLLOWING ERRORS WERE FOUND:—"" —C.C. B0BDEN'1TEMS 1-36.10% ACTUAL TOTAL 100312,43336 FOR A DIFFERENCE CIF 5335. ACTUAL TOTAL FOR ITEM 147 • 10 %153323,04E20 FOR A DIFFERENCE OF 55.65. —CORE CONSTRUCTION: ITEMS 1416+10'x4 ACTUAL TOTAL LS 9413„10995 FOR A DIFFERENCE OF 316 95, ACTUAL TOTAL P040 TIERS 1-37 • 10x% IS 5424 073 S5 FOR A 0IF00006 C2 OF 52255 - -GRUHN MAX:. ACTUAL TOTAL FOR ITEMS 1.37 + 104 15 3396912.56 FOR A DIFFERENCE Or 04. "`" "HALER CONSTRUCTION DID NOT INCLUDE THE DOLLAR AMOUNT OF THE 7E1010%) CONTINGENCY NOR THE TOTAL {BASE BM ♦ CONTINGENCY) FOR ITEMS 1.38 AND ITEMS 1.37. THE MOUNTS WRITTEN WERE FOUND TO BE INCORRECT. THE ACTUAL AMOUNT OF MRS 1.34 CST 295,56615 FOR A DIFFERENCE OF 924740. TOTAL WITH 141.45 0323133.10, THE TOTAL TOR ITEMS 1}3715 5300.346.45 FORA O6FFE10NCE 05 3197160. W1TM 10% THE TOTAL 15 5330,93 :.50 AGENDA ITEM # 9A AUGUST 12, 2013 July 11, 2013 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanson SUBJECT: City Manage Report Tentative Schedule for Budget Workshop Presentations; A tentative schedule for presentations in the Budget Workshops is attached. The actual presentation of items may vary based upon how quickly each subject can be covered and the number of questions asked. We hope to leave enough time at the end of the third workshop on August 131 for the Commission to discuss the changes to the proposed budget that you would like to make. If more time is needed to complete that process, a fourth workshop is scheduled for Thursday, August 22nd. Alcohol Deployment; The Atlantic Beach Police Department checked 17 restaurants and stores in Atlantic Beach on June 28th to determine if any of the employees would sell alcohol to minors. The underage informant was unable to purchase alcohol at any of those locations. This is a continuation of a project started by the Police Department several years ago when underage informants could routinely purchase alcohol in Atlantic Beach's businesses from 30 to 50% of the time. Fuel Efficiency of Police Vehicles; The City Commission has supported buying more fuel efficient vehicles for the Police Department over several years. These have included not only more efficient gas powered vehicles, but also several hybrids and one all - electric vehicle. The fuel efficiency of the fleet has improved dramatically. See the following yearly statistics for details; 2007 13.37 MPG 2008 13.10 2009 14.72 2010 14.38 2011 14.60 2012 17.22 2013 18.64 (year to date through June) Revised Mutual Aid Agreement; City Commission authorized execution of a Police Mutual Aid Agreement with adjacent police jurisdictions on May 23, 2011. That agreement was to remain in effect until 2015. However, a recent judicial ruling arising out of a DUI case indicated that this mutual aid agreement was invalid because it was too broadly based. Essentially, Atlantic Beach police officers (as well as those from other jurisdictions) had authority to exercise police powers anywhere in Duval County at any time. Attorneys working for several of the jurisdictions have determined that the way to solve this has been to more narrowly define the areas in which the officers have extra jurisdictional authority as well as the conditions under which they would use that authority. A revised agreement has been prepared and signed by the various jurisdictions. AGENDA ITEM # 9A AUGUST 12, 2013 This is to report to the City Commission that I have signed this as City Manager under the authority granted in 2011 because it amounts to a clarification of a previously approved contract and because our police officers need the ability to exercise their police powers in areas adjacent to our City. This new agreement has a five -year term, as did the last one, although this new term will extend until 2018. If the City Commission has any concern over the new term of this agreement, it can be canceled through written notice at any time and we can ask for a new contract in 2015. As a practical matter, the Police Mutual Aid Agreement has been renewed by Atlantic Beach several times over the last 20 years. We do not know of any reason that it should not be renewed in the foreseeable future. Budget Workshop Schedule July 11. 2013 Workshop # 1; Thursday, August 1, 2013 5 -9 p.m. • Budget Overview • Public Works Marsh Master Plan Projects ➢ Stormwater Fund ➢ Sanitation Fund ➢ Gas Tax Fund ➢ Convention Development Fund ➢ Discretionary projects • Additional subjects as time allows Workshop #2; Tuesday, August 6, 2013 5 -9 p.m. • Utilities • General Fund revenues/ balance • IT/ Enterprise Software Upgrade • Additional subjects as time allows Workshop #3; Tuesday, August 13, 2013 5 -9 p.m. • Police • Half Cent Sales Tax • Supplementary list of projects • Employee pay and benefits • Final subjects not covered in previous workshops • Discussion/ amendments to draft budget by Mayor Workshop #4; Thursday, August 22, 2013 5- complete • Discussion/ amendments to draft budget by Mayor AGENDA ITEM # 9A AUGUST 12, 2013 and Commissioners and Commissioners AGENDA ITEM # 10A AUGUST 12, 2013 July 22, 2013 A Request for the City of Atlantic Beach Commission to: 1. Perform an official annual performance evaluation for employees who report directly to the City Commission: City Manager; City Attorney; City Clerk. 2. Set annual goals and objectives for these positions based on the performance review. 3. Review and update job description and contracts no less than every three years. Rationale: Employees of the City of Atlantic Beach are reviewed annually by their supervisor and City Manager. The City Manager, City Attorney, and City Clerk do not have the same formal annual review and therefore do not have the same opportunity to have their performance evaluated to identify opportunities for their personal development. Evaluations are a "best practice" that confirms the need for annual reviews of these positions for the following reasons: ® Evaluations are an essential tool for promotion of effective decision - making throughout the City organization • Clarifies roles and responsibilities of the positions ® Clarifies expectations and assumptions concerning performance • Improves communication between Commission and employees • Acknowledges strengths and points to areas in need of improvement ® Provides feedback to City employees from various reviewers ® Contributes to the accountability of governance ® Commissioners align for direction of the city and define how the employees can support that direction through planning. ® Core values, vision, and goals of the City are integrated into the management of the city. *Note - Information and examples are provided with all the Administrative Staff in mind but referencing the City Manager position. Recommendations: A) City Commission performs an evaluation of the City Manager with input from multiple- raters (citizens, employees, peers, etc.) within the next 3 to 6 months. B) Included in the evaluation are specific dimensions for appraisal. The following are recommendations cited by the International City /County Management Association (ICMA): AGENDA ITEM # 10A AUGUST 12, 2013 1) Individual Characteristics 2) Professional Skills and Status 3) Relations with Elected Members 4) Reporting / Communication 5) Policy Execution 6) Citizen Relations 7) Employee Relations / Staffing 8) Supervision and Organizational Culture 9) Fiscal Management 10) Community and Intergovernmental Affairs 11) Narrative Evaluation *Note - Additional sample evaluations are included in the appendices. C) Following the evaluation, the City Commission set annual goals and objectives for the City Manager, reflecting the vision, mission and strategic aims for the coming year. *Note - Evaluations for City Attorney and City Clerk follow similar format. For a starting point, valuable information is included in the attached Appendices to show the need for and the relevance of an open evaluation. Submitted for consideration by: Mark E. Beckenbach City of Atlantic Beach Commissioner - Seat 3 *Note - My thanks to Retired - City of Atlantic Beach Employee - Karen Kempf and Atlantic Beach Citizen - Bill Mayhew for their involvement in the organization of the materials presented, and for their continued involvement in the betterment of the governance of the City of Atlantic Beach. AGENDA ITEM # 10A AUGUST 12, 2013 Appendices Handbook for Evaluating the City Manager; City of Dover, New Hampshire Includes: • ICMA Recognized Practices for Effective Local Government Management (International City /County Management Association) • "How are we Doing ?" - Evaluating the Performance of the Chief Administrator • Sample Evaluation PUMA Best Practice Guidelines for Evaluation About 360 Performance Assessment (MG Management Assessments, LLC) ICMA form - City Manager Performance Evaluation Sample form - City Manager Evaluation with Future City of Atlantic Beach Employee Evaluation City of Atlantic Beach Employee Self - assessment A HANDBOOK FOR EVALUATING THE CITY MANAGER 48, f• 8 ; I) Ir first AGI'sN1]A 1TE M i! 10A AUGUST 12, 2013 City of Dover, NH AGENDA ITEM # I0A AUGUST 12, 2013 CONTENTS Introduction 1 Purpose 1 Context for Performance Evaluation 2 Council and Manager Roles and Responsibilities 2 Council Goals and Priorities 2 Right to Know Law 2 The Performance Evaluation Process 4 Step 1: Defining clearly why you want to evaluate the performance of your employee 5 Step 2 :Developing a time line and assigning responsibilities 5 Step 3: Developing criteria 5 Step 4: Refining criteria 6 Step 5: Selecting procedures to evaluate performance 7 Step 6: Performing the evaluation 8 Step 7: Discussing results with your employee and allowing for feedback 9 Step 8: Agree on follow -up steps 10 Step 9: Evaluating the process 10 Next Steps 11 Appendices ICMA Recognized Practices for Effective Local Government Management 12 Article - "How are We Doing" — Evaluating the Performance of the Chief Administrator 16 Sample Evaluation Form 22 AGENDA ITEM # 10A AUGUST 12, 2013 Introduction This Handbook has been developed for use by Dover's City Council to help establish and conduct an evaluation process for the City's chief executive officer and the Council's sole employee, the City Manager. An annual examination of the City Manager's performance is not only required by the City Manager's employment agreement but also because it is important and healthy for an effective council- manager relationship. Ultimately, the City Manager's performance evaluation is an essential tool for promoting more effective decision - making throughout the City organization. This Handbook first discusses the purpose for completing an evaluation of the Manager's performance, and defines the context within which a performance evaluation takes place. It then outlines a series of steps for an effective performance evaluation process and concludes with other reference materials and a generic evaluation form. The information presented has been adapted from materials developed by the Oregon League of Cities and includes related resource materials assembled from various publications. Purpose Performance evaluation need not be painful for either the Council or it's most important and only employee, the City Manager. It should be constructive, providing not only an examination of past performance but guidance for future efforts by the City Manager. The needs of any city often change over time and priorities are likely to shift with each Council election. As with any employer /employee relationship, an employer has a responsibility to clearly communicate to its employee exactly what it expects and wants. As the employer, each new Council has an obligation to relate to their employee, the Manager, their desire for him or her to focus on particular community needs, projects or priorities. If conducted properly, a performance evaluation process will be positive and useful for both the Council and Manager. It will: allow Council members to become better acquainted with each other and the Manager; improve communication between the Council and Manager; provide important feedback to the Manager; acknowledge strengths and point out weaknesses for the Manager; bring problems into focus and reduce future misunderstanding and conflict; and Help clarify roles and responsibilities of both the Council and Manager. There is another purpose for completing the City Manager performance evaluation process. An effective evaluation process can help the Council examine and improve upon its own performance. A Council's success in achieving its goals is tied to the performance of its City AGENDA ITEM # 10A AUGUST 12, 2013 Manager. The City Manager can provide useful feedback and observations to the council about such things as: is the Council providing clear direction about its needs, goals, and priorities? is the Council fulfilling its role as a policy- making body? is the Council becoming too involved in day -to -day administration? There are numerous methods and techniques that a city council may choose to follow in evaluating their city manager. The process outlined in this Handbook is general in nature and can be adapted to accommodate various needs or circumstances that may arise from time to time. Although there is no "right" way to conduct an evaluation, there is a right way to approach performance evaluations. The City Council's evaluation of the City Manager must be approached as part of an on -going process which strives to allow for a more thoughtful and effective decision - making body and more effective city management. Context for Performance Evaluation Council and Manager Roles and Responsibilities. A council and its manager depend on each other. .. the council depends on its manager for a considerable amount of information, and the manager depends on the council to make the best decisions it can after receiving and evaluating that information. Given this dependency, the importance of respect, forthrightness and confidence in the Council- Manager relationship can not be overemphasized. The original concept behind the council- manager form of government was to separate the policy- making functions, the domain of the elected council, from the administrative functions to be directed by the manager. In reality, the separation of administrative and policy- making functions is not so clear cut. Defining the difference between policy and administration may be the greatest source of confusion and conflict between city councils and a manager. Before any performance evaluation takes place, a council and its manager should define their respective roles and reach agreement about them. Without a clear understanding of functions and roles, performance evaluation is of little value. The areas of responsibility of the City Council and City Manager are outlined in the City's Charter, Administrative Code and ordinances. These documents should be consulted and provide the basis for further discussions to clarify "what falls where." Council Goals and Priorities. Goals are a necessary ingredient for success in an organization. To be effective, any organization must have a clear picture of its purpose and what it hopes to achieve, an understanding of what it must do to achieve its purpose, specific goals, and objectives, and a valid method for evaluating its effectiveness in reaching them. Setting goals has a direct relationship to the Manager's performance. Goals set clear direction and let the Manager know what issues are important to pursue. The council goals, themselves, should not be a part of appraising the Manager's performance. However, the City Manager's professional capacity to take policy direction from the Council and implement the goals is an important ingredient of evaluating the Manager's performance. Right to Know Law. In New Hampshire, an evaluation completed by the City Council must occur within the guidelines of the state's Right to Know law, RSA 91 -A. The Council and Manager 2 AGENDA ITEM # 10A AUGUST 12, 2013 should review the law and decide whether or not to conduct the process in a public or a non- public session. The general intent of the Right to Know Law is to provide a statutory right of public access to meetings conducted by a public decision- making body and records maintained by public agencies. There are some specific exceptions when the public may be excluded from attending a meeting involving the body or having access to certain records. One of the specific exemptions relates to personnel related matters involving a public employee. Regardless of whether the evaluation is conducted in a non - public or open session, the Right to Know Law will dictate certain procedures for meeting notification, recording of minutes and disclosure of decisions made. These procedures should be reviewed by the Council and Manager and followed throughout the evaluation process. 3 The Performance Evaluation Process A. Defining Council & Manager roles 8 responsibilities Step 9 Evaluate your Process Page 19 Step 8 Take final action and announce action Page 18 Step 7 Discuss results and allow for feedback Page 17 ,� PerformCance Appraise Step 1 Define why you want to evaluate your emplowee's performance Step 6 Perform the evaluation Page 16 Page 7 B. Setting Council Goals Step 2 Develop a timeline and assign responsibilities Page 7 I Step 3 Develop Criteria Page 8 Step 4 Refine Criteria Step 5 Select procedures to evaluate performance 4 Page 13 Page 13 AGENDA ITEM # 10A AUGUST 12, 2013 AGENDA ITEM # 10A AUGUST 12, 2013 STEP 1: DEFINE CLEARLY WHY YOU WANT TO EVALUATE THE PERFORMANCE OF YOUR EMPLOYEE There are many reasons for a Council to evaluate the performance of its Manager. Frequently, the Council wants to measure performance and determine salary, or define or improve, the working relationship between the Manager and the Council. Whatever the particular reasons, they should be honest, clear, and understood by the Council, the employee, and the public before launching a performance evaluation process. Following are examples of objectives that can be established prior to completing the appraisal process: To establish and maintain effective Council and City Manager relationships; To allow the City Manager and Council to identify and understand their respective roles, relationships, expectations of, and responsibilities, to each other; and to allow the discussion of the City Manager's strengths and weaknesses as demonstrated by past performance, away from the decision - making table, and the methods where performance may be improved and crisis confrontations avoided. STEP 2: DEVELOP A TIME LINE AND ASSIGN RESPONSIBILITIES A Council which is committed to a good evaluation process will also commit the time necessary to perform each task involved in the process. The entire council should be involved in every step. The Council as a body employs the City Manager and is needed to provide guidance to the City Manager. A Council may decide to use the services of an outside facilitator to assist in, some or all, phases of the process. Using an outside facilitator has advantages. For example, the facilitator has not been involved in the council- manager relationship or the individual personalities which would likely influence the process. It is also easier for an outside person to keep the process moving along during periods when the Council can otherwise get bogged down. If you choose not to use an outside facilitator, you should select a leader who will take responsibility for facilitating the evaluation process. This leader could be the Mayor or a designated Council member. STEP 3: DEVELOP CRITERIA Once the Council and Manager are comfortable with your respective roles and responsibilities, have adopted goals which are supported by the Council, and are clear about why you're conducting an evaluation, you're ready to move to the next step — selecting the criteria to measure against. Criteria are like yard sticks — they establish standard dimensions by which we can measure progress. Without these yardsticks, evaluations can turn into unfair, unproductive free - for -alls. Nowadays, employers of all types commonly identify the specific professional competencies and skills employee's need to succeed in any given position. These competencies and skills are used as the criteria for employment related evaluations beginning with an employee's initial recruitment, ongoing training, and subsequent performance evaluations. Examples of competencies that can be incorporated into an evaluation of the City Manager may be found in the 18 practice areas recognized by International City /County Management 5 AGENDA ITEM # 10A AUGUST 12, 2013 Association as essential for every local government manager. The professional competencies for effective local government management are listed in Appendix A. Aside from selecting criteria based on professional competencies, do not overlook the Manager's ability to achieve Council goals. If a goal is purely a Council goal, such as Council members being more visible in the community, it would not be fair to add that to the list since it is not something the Manager can implement. However, the Council can look at whether or not the Manager has the professional capacity to help the Council implement its goals. In developing the criteria to be used for evaluating the City Manager's performance, both the Council and Manager should discuss and agree upon the competencies, skills and expected outcomes necessary for being an effective City Manager. The evaluation process will be enhanced if both the entire Council and the Manager are involved from the start in developing the criteria and agreeing on them. This is an important area where a facilitator may add value to the evaluation process. A facilitator should be able to assist with identifying and developing evaluation criteria that are specific to the circumstances found in this community. STEP 4: REFINE CRITERIA You are now ready to refine the criteria and develop specific questions you want to ask and have answered during the evaluation. It is important to be specific about what you really mean in each category. Again, it is best to refine the criteria with the entire Council and the Manager to ensure categories are not misinterpreted or new performance goals inadvertently added which were not previously defined. After developing evaluation criteria, refining and expanding upon each is one of the most critical steps in an effective performance appraisal system, and one of the most involved. For each competency and /or responsibility you list, you must be able to answer two questions: First, "What is the purpose, effect, or desired outcome of this competency /responsibility ?" Second, "How will I know, if and when, this purpose, effect, or desired outcome is being achieved ?" Answers to these questions achieve two important goals: (1) a clear statement of purpose helps assure that individual Council members understand one another's values, ideas, and concerns about the role and functions of the City Manager in city government; and (2) knowing the data and performances that tell you that responsibility is, in fact, being achieved requires that you look for tangible criteria to use in judging managerial performance. Example: CRITERIA: Policy Facilitation What is the purpose, effect, or desired outcome of this responsibility? To allow the council to function as efficiently and effectively as possible in its interaction with administrative staff members, departments, and the overall guidance of city affairs. To minimize delays, confusion, and conflict generated by incomplete staff work, favoritism, 6 AGENDA ITEM # 10A AUGUST 12, 2013 lobbying, and unprofessional managerial performance. To assist the council in acting as a single body ... etc. How will I know, if and when, this purpose, effect, or desired outcome is being achieved? Availability and timeliness of information requested or needed by the council. Preparedness for council meetings. Accuracy and thoroughness of information and reports. Keeping councilors appraised of day -to -day events and information necessary for them to carry out their functions. Impartial and professional interaction with each councilor, regardless of opinions and recommendations ... etc. Ultimately, performance appraisal addresses the actions taken by the City Manager to meet the expectations of the Council and the requirements of the position. Performance is action. Appraisal focuses on the effects of that action. Focusing each criterion by addressing the two questions above will help you in objectively identifying the actions and effects of the City Manager's performance while avoiding the traps of trying to assess subjective characteristics that may not truly be bona fide job requirements. STEP 5: SELECT PROCEDURES TO EVALUATE PERFORMANCE After you have specific criteria by which you will evaluate your employee, review them until both the Council and Manager are satisfied with the results. The next step is deciding how you're going to perform the evaluation. The criteria you've developed may help determine the best way to do it. There are three general approaches to consider: written evaluations, oral evaluations, or a combination of both. Written Evaluations. This technique allows each person to make all comments in writing. There are several methods used for written evaluations. A combined essay and rating scale is perhaps the most commonly used. Essays. An essay is a written statement describing the employee's performance. It is most effective when each answer responds to a specific question, topic or criterion. It is least effective when each answer is generally stated and when its relation to criteria is vague and unspecific. Rating Scales. A rating scale consists of a set of statements about job performance. A scale, either using numbers or adjectives, is used by evaluators to make their judgments. Combination Essay and Rating Scales. A simple and effective way to perform the evaluation is to develop a rating scale and leave room for additional comments under each criterion. This allows for individuals to use specific examples of what the employee has done. It also helps the Manager understand what the Council thinks more specifically about his or her performance. Oral Evaluation. Openly discussing the appraisal with the Manager is another technique. As with written evaluations, conversation should center on the criteria you developed and should be conducted by the Council as a group. An advantage of verbal evaluation is that it presents 7 AGENDA ITEM # 10A AUGUST 12, 2013 an opportunity to clear up any misunderstanding about performance in face -to -face settings. However, unlike written evaluations, verbal evaluations do not leave a written record and sometimes lead to confusion at a later time about what was said. Combination of Written and Oral. A combined written and oral evaluation is probably the most effective method of performing the evaluation. This method allows each individual Council member to evaluate the performance of the Manager in writing and follow up with face -to -face discussion individually and /or preferably collectively as a group. Whatever technique chosen, it is important to stick to the developed criteria. You are evaluating the performance of an individual in a position. The evaluation is not a free - for -all gripe session, nor is it an awards ceremony; it is important to express legitimate concerns and recognize good performance as well as communicate future expectations. STEP 6: PERFORM THE EVALUATION The system for performing the evaluation you have just designed is now in place and ready to use. Make sure you have a definitive schedule set up and a target date for completing the evaluation. If you have chosen to use a written evaluation technique, the forms should be distributed to individual Council members, requesting that the forms be completed and returned according to the established schedule. Collecting accurate information according to the criteria you have developed is more difficult for a Council than in an ordinary supervisor- subordinate situation because Council members are not always in a position to observe the employee on a day -to -day basis. It is certainly not appropriate for Council members to follow the Manager around for a week with a pencil and pad in their hands. But there are several things Council- members can and should do to help ensure that they have accurate information to perform a meaningful evaluation. The most important thing is to allow enough time to collect information about the Manager's performance. An extended information - collection period will make the entire process a little longer; however, it is well worth spending the additional time to have an effective and productive evaluation. Council members cannot base their judgments on the employee's performance in only 2 or 3 months. Allowing six months after you have developed the criteria may be more appropriate. Looking over minutes of past meetings may bring to mind projects that the Manager has been responsible for and the outcome of those projects. Individual Council members may want to make appointments with the Manager to discuss his or her performance. This meeting is not intended to make judgments about his or her performance. Its purpose is to seek information. Remember, the primary responsibility for Councilors during this phase of the evaluation cycle is to be alert and responsive to data about the Manager's performance. One of the most common errors found in formal employee evaluation systems is, as one manager explained, that they often reflect only the performance just prior to the evaluation session. To avoid this, it 8 AGENDA ITEM # 10A AUGUST 12, 2013 is important for Councilors to document incidents and information throughout the performance cycle that reflect the performances of the City Manager. Note: It is as important to document outstanding performances as it is to document performances that don't meet with your expectations. It will be extremely helpful to both the Manager and the Council to use specific examples of performance in the evaluation. Vague generalizations will not help the Manager understand how he or she can improve performance. Specific examples help to illustrate positive and negative comments and put everyone on the same wavelength. In preparing for discussion of the evaluation results with the Manager, the facilitator of the review session should compile the information from each Council member into one document which reflects all the input. The facilitator should then share the results with the entire Council before it is presented to the Manager. The purpose of sharing the results of the evaluation with the Council is to provide each member with an understanding of the total results. The Council should strive to reach consensus on the report so that each person can feel a part of the result and be comfortable with it. This does not mean that any individual should try to push others into changing their minds about how they filled out the evaluation. But this group discussion will allow each council member to understand how the others feel and what differences need to be resolved. There may be differences in the perceptions of individuals which need further discussion and clarification. Having one document from the whole council is very important. The entire performance evaluation process has been a group process. It is not appropriate for each Council member to independently pass judgment on the Manager without consensus of the entire Council. The Council has authority and the Manager receives direction only when the Council acts as a body. STEP 7: DISCUSS RESULTS WITH EMPLOYEE AND ALLOW FOR FEEDBACK Before you make a final decision about any action as a result of the evaluation, or make any final statement as a Council about the Manager's performance, it is important to discuss the results of the evaluation with the Manager first. Several things should happen during this discussion. First, you may wish to let the Manager evaluate him or herself. You can give the same rating form or set of questions to the Manager and ask him or her to fill it out according to their own perception of how he or she has performed in the position. Discuss the areas where there are differences between the Manager and the Council about strengths and weaknesses. There may be misunderstanding among Council members about the Manager's actual performance. Likewise, the Manager may not have understood or may have misinterpreted the Council directives. Try to reach agreement on the areas that need improvement and what types of changes the Council would find acceptable. A Council that is serious about evaluation should understand that its performance often affects the Manager's performance. The Council should ask the Manager about how the Council's performance has enhanced or hindered the Manager's performance. 9 AGENDA ITEM # 10A AUGUST 12, 2013 STEP 8: AGREE ON FOLLOW -UP STEPS One of the most important reasons for evaluating the performance of an employee is to acknowledge the employee's strengths and point out areas that need to be improved. Any recommendations or actions the Council takes should be tied to this reason and any others the Council listed in Step 1 of this process. Nobody is perfect — even the best evaluation will likely show a few things that need improvement and attention. Also, change may be necessary on the part of the Council as well as the Manager. Remember that the evaluation process is intended to bring out positive change. Focus on future improvement, not on past performance. Agree on the areas that need improvement and the best course of action. The facilitator, if you are using one, may be able to suggest ways to improve performance. Set up a work program and schedule for workshops or any other methods which will help the Manager and Council improve the identified areas. Stick to the schedule. Effective performance should be acknowledged. Everyone needs positive reinforcement for good work. The Council should decide how they would like to acknowledge strong performance. But, at the very least, a public statement by the Council should be made supporting and acknowledging the Manager's performance. STEP 9: EVALUATING YOUR PROCESS No process is ever complete without an evaluation of what it is you have done. Whether you develop a questionnaire to evaluate the process or have a debriefing session, every individual involved in the process should participate and make recommendations for future use. Here are some questions to get you started: What were the positive outcomes? What were the negative outcomes? Could negative outcomes have been avoided? How could you improve the process next time? What areas of the process do you and the Manager need to work on? Were the criteria fair and objective? What have you learned about yourself as an elected or appointed official? How did the general public react? Involve the Manager in this review. He or she may have some valuable insights for the next time. As a group, try to develop a list of ways you could improve what you have done. 10 AGENDA ITEM # 10A AUGUST 12, 2013 Your Next Steps Once you have completed this process, you will have done more than evaluate the performance of your employee. You will have defined your roles and responsibilities, set goals, opened up lines of communication, and made significant strides toward increasing your own effectiveness as an elected body. But don't stop here! Go back and refine your roles; you may have accomplished some of your goals and need to set new ones. If you haven't accomplished them, set deadlines for their accomplishment. It may be time to put another appraisal process together. There may be some Council training and team development sessions needed as a result of reviewing the Council's and Manager's accomplishments. Don't be discouraged if you felt a little uncomfortable or if the process wasn't perfect the first time. This process takes practice and refinement, but it is worth it! Continue the good work that you have started and watch how positive change can happen. 11 AGENDA ITEM # 10A AUGUST I2, 2013 Appendices ICMA Recognized Practices for Effective Local Government Management 1. Staff Effectiveness: Promoting the development and performance of staff and employees throughout the organization (requires knowledge of interpersonal relations; skill in motivation techniques; ability to identify others' strengths and weaknesses). Practices that contribute to this core content area are: COACHING /MENTORING Providing direction, support, and feedback to enable others to meet their full potential (requires knowledge of feedback techniques; ability to assess performance and identify others' developmental needs) TEAM LEADERSHIP Facilitating teamwork (requires knowledge of team relations; ability to direct and coordinate group efforts; skill in leadership techniques) EMPOWERMENT Creating a work environment that encourages responsibility and decision making at all organizational levels (requires skill in sharing authority and removing barriers to creativity) DELEGATING Assigning responsibility to others (requires skill in defining expectations, providing direction and support, and evaluating results) 2. Policy Facilitation: Helping elected officials and other community actors identify, work toward, and achieve common goals and objectives (requires knowledge of group dynamics and political behavior; skill in communication, facilitation, and consensus - building techniques; ability to engage others in identifying issues and outcomes). Practices that contribute to this core content area are: FACILITATIVE LEADERSHIP Building cooperation and consensus among and within diverse groups, helping them identify common goals and act effectively to achieve them; recognizing interdependent relationships and multiple causes of community issues and anticipating the consequences of policy decisions (requires knowledge of community actors and their interrelationships) FACILITATING COUNCIL EFFECTIVENESS Helping elected officials develop a policy agenda that can be implemented effectively and that serves the best interests of the community (requires knowledge of role /authority relationships between elected and appointed officials; skill in responsibly following the lead of others when appropriate; ability to communicate sound information and recommendations) MEDIATION /NEGOTIATION Acting as a neutral party in the resolution of policy disputes (requires knowledge of mediation /negotiation principles; skill in mediation /negotiation techniques) 3. Functional and Operational Expertise and Planning (a component of Service Delivery Management): Practices that contribute to this core content area are: FUNCTIONAL /OPERATIONAL EXPERTISE Understanding the basic principles of service delivery in functional areas- -e.g., public safety, community and economic development, human and social services, administrative services, public works (requires knowledge of service areas and delivery options) 12 AGENDA ITEM # 10A AUGUST 12, 2013 OPERATIONAL PLANNING Anticipating future needs, organizing work operations, and establishing timetables for work units or projects (requires knowledge of technological advances and changing standards; skill in identifying and understanding trends; skill in predicting the impact of service delivery decisions) 4. Citizen Service (a component of Service Delivery Management): Determining citizen needs and providing responsive, equitable services to the community (requires skill in assessing community needs and allocating resources; knowledge of information gathering techniques) 5. Quality Assurance (a component of Service Delivery Management): Maintaining a consistently high level of quality in staff work, operational procedures, and service delivery (requires knowledge of organizational processes; ability to facilitate organizational improvements; ability to set performance/ productivity standards and objectives and measure results) 6. Initiative, Risk Taking, Vision, Creativity, and Innovation (a component of Strategic Leadership): Setting an example that urges the organization and the community toward experimentation, change, creative problem solving, and prompt action (requires knowledge of personal leadership style; skill in visioning, shifting perspectives, and identifying options; ability to create an environment that encourages initiative and innovation). Practices that contribute to this core content area are: INITIATIVE AND RISK TAKING Demonstrating a personal orientation toward action and accepting responsibility for the results; resisting the status quo and removing stumbling blocks that delay progress toward goals and objectives VISION Conceptualizing an ideal future state and communicating it to the organization and the community CREATIVITY AND INNOVATION Developing new ideas or practices; applying existing ideas and practices to new situations 7. Technological Literacy (a component of Strategic Leadership): Demonstrating an understanding of information technology and ensuring that it is incorporated appropriately in plans to improve service delivery, information sharing, organizational communication, and citizen access (requires knowledge of technological options and their application) 8. Democratic Advocacy and Citizen Participation: Demonstrating a commitment to democratic principles by respecting elected officials, community interest groups, and the decision making process; educating citizens about local government; and acquiring knowledge of the social, economic, and political history of the community (requires knowledge of democratic principles, political processes, and local government law; skill in group dynamics, communication, and facilitation; ability to appreciate and work with diverse individuals and groups and to follow the community's lead in the democratic process). Practices that contribute to this core content area are: DEMOCRATIC ADVOCACY Fostering the values and integrity of representative government and local democracy through action and example; ensuring the effective participation of local government in the intergovernmental system (requires knowledge and skill in intergovernmental relations) 13 AGENDA ITEM # IOA AUGUST I2, 20I3 CITIZEN PARTICIPATION Recognizing the right of citizens to influence local decisions and promoting active citizen involvement in local governance 9. Diversity: Understanding and valuing the differences among individuals and fostering these values throughout the organization and the community 10. Budgeting: Preparing and administering the budget (requires knowledge of budgeting principles and practices, revenue sources, projection techniques, and financial control systems; skill in communicating financial information) 11. Financial Analysis: Interpreting financial information to assess the short -term and long -term fiscal condition of the community, determine the cost - effectiveness of programs, and compare alternative strategies (requires knowledge of analytical techniques and skill in applying them) 12. Human Resources Management: Ensuring that the policies and procedures for employee hiring, promotion, performance appraisal, and discipline are equitable, legal, and current; ensuring that human resources are adequate to accomplish programmatic objectives (requires knowledge of personnel practices and employee relations law; ability to project workforce needs) 13. Strategic Planning: Positioning the organization and the community for events and circumstances that are anticipated in the future (requires knowledge of long -range and strategic planning techniques; skill in identifying trends that will affect the community; ability to analyze and facilitate policy choices that will benefit the community in the long run) 14. Advocacy and Interpersonal Communication: Facilitating the flow of ideas, information, and understanding between and among individuals; advocating effectively in the community interest (requires knowledge of interpersonal and group communication principles; skill in listening, speaking, and writing; ability to persuade without diminishing the views of others). Practices that contribute to this core content area are: ADVOCACY Communicating personal support for policies, programs, or ideals that serve the best interests of the community INTERPERSONAL COMMUNICATION Exchanging verbal and nonverbal messages with others in a way that demonstrates respect for the individual and furthers organizational and community objectives (requires ability to receive verbal and nonverbal cues; skill in selecting the most effective communication method for each interchange) 15. Presentation Skills: Conveying ideas or information effectively to others (requires knowledge of presentation techniques and options; ability to match presentation to audience) 16. Media Relations: Communicating information to the media in a way that increases public understanding of local government issues and activities and builds a positive relationship with the press (requires knowledge of media operations and objectives) 17. Integrity: Demonstrating fairness, honesty, and ethical and legal awareness in personal and professional relationships and activities (requires knowledge of business and personal ethics; 14 AGENDA ITEM 41 10A AUGUST 12, 2013 ability to understand issues of ethics and integrity in specific situations). Practices that contribute to this core content area are: PERSONAL INTEGRITY Demonstrating accountability for personal actions; conducting personal relationships and activities fairly and honestly PROFESSIONAL INTEGRITY Conducting professional relationships and activities fairly, honestly, legally, and in conformance with the ICMA Code of Ethics (requires knowledge of administrative ethics and specifically the ICMA Code of Ethics) ORGANIZATIONAL INTEGRITY Fostering ethical behavior throughout the organization through personal example, management practices, and training (requires knowledge of administrative ethics; ability to instill accountability into operations; and ability to communicate ethical standards and guidelines to others) 18. Personal Development: Demonstrating a commitment to a balanced life through ongoing self - renewal and development in order to increase personal capacity (includes maintaining personal health, living by core values; continuous learning and improvement; and creating interdependent relationships and respect for differences). 15 AGENDA ITEM # 10A AUGUST 12, 2013 500104 "How Are We Doing ?" Evaluating the Performance of the Chief Administrator Margaret S. Carlson icture a governing board meeting at a hectic time of year. Perhaps it is budget season and difficult funding decisions loom. Or the mem- bers are still recovering from stinging criticism over a hot community issue. Suddenly, someone says, "Hey, didn't we say last year that we were going to evaluate the manager around this time ?" Other members groan in- wardly as they envision yet another series of meetings and potential conflict with other board members. One member says, "Everything seems to be going OK. Let's just go ahead and decide on a salary increase now. Is an evaluation really that important ?" Yes. Evaluating the performance of the chief administrative officer — whether the title is local government manager or health director or school superintendent or social services director —is critically important. In recent years, jurisdictions increasingly have recognized the importance of a useful performance evaluation system to the overall effectiveness of their organizations. They have taken steps to improve their methods of evaluating line workers, supervi- Avoid the Pitfalls by Using a Systematic Evaluation Process 6 MARCH 1997 sors, and department heads. But one important individual is frequently over- looked at performance evaluation time: the person who reports to the governing board. Governing boards have a respon- sibility to get on with that job. This arti- cle is designed to show how to evaluate a chief administrative officer who reports to a governing board, for simplicity called here the "manager ?' Ironically, the reasons that a manager may not receive a regular performance evaluation are the very reasons that an evaluation can be helpful: • This individual is in a unique posi- tion in the organization. • He or she serves at the pleasure of the board. • He or she may frequently receive con- flicting messages about priorities and direction from board members. It is vital for managers to get regular, accurate feedback about whether they are meeting the expectations of the board, but it is unlikely that the organi- zation will have a useful process in place for administrators to get that informa- tion in the absence of a well- conceived performance evaluation system. Conducting an effective evaluation is hard work, but it doesn't have to be a bad experience for the board or the manager. With planning and a commit- ment to open lines of communication, chances are good that the experience will result in a new level of cooperation and understanding between manager and board and, ultimately, a more effec- tive working relationship. Common Pitfalls Both the board and the manager may ap- proach an evaluation with reluctance. Board members will be required to talk openly and honestly about the positive and negative aspects of a person's perfor- mance—a difficult task for many people. The manager must be able to receive this feedback in a nondefensive manner, even when it appears that the board is articu- PUBLIC MANAGEMENT lating specific performance expectations for the first time, or that the board is fo- cused on the manager's conduct in the most recent crisis, rather than his or her overall performance. Here are some common problems that boards and managers encounter when they plan for and conduct perfor- mance evaluations: • The board evaluates the manager only when there are serious perfor- mance problems, or when all or some of the board members already have decided that they want to fire the manager. • The board realizes it is time to deter- mine the manager's salary for the up- coming year, and it schedules a per- formance evaluation for the next meeting without discussing the for- mat or process of the evaluation. • The discussion during the evalua- tion is unfocused, with board mem- bers disagreeing about what the manager was expected to accom- plish as well as whether the manager met expectations. • The board excludes the manager from the evaluation discussion. AGENDA ITEM # 10A AUGUST 12, 2013 • The board evaluates only the man- ager's interactions with and behavior toward the board, even though mem- bers recognize that this may represent a relatively small portion of the man- ager's responsibilities. • The board borrows an evaluation form from another jurisdiction or from a consultant without assuring that the form matches the needs of its own board and manager. Most of these pitfalls can be avoided by planning and conducting a system- atic process for evaluating the manager's performance. A thorough evaluation process, like the one suggested below, contains several essential components (see Figure 1). A Suggested Evaluation Process Planning the Evaluation. 1. Agree on the purpose(s) of the evalua- tion. Typically, boards identify one or more of the following goals when de- scribing the purpose of an evaluation: • To give the manager feedback on his Figure 1. Steps In Planning and Conducting an Evaluation Process Planning the Evaluation. 1. Agree on the purpose(s) of the evaluation. 2. Agree on what the board expects of the manager. 3. Agree on the frequency and timing of the evaluation. 4. Agree on who will be involved. 5. Agree on an evaluation form to be used. Conducting the Evaluation. 1. Have individual board members complete the evaluation form before the evaluation session. 2. Have the manager do a self - assessment. 3. Agree on a setting for the evaluation discussion. 4. Have the manager present during the evaluation. 5. Consider using a facilitator. 6. Allow sufficient time. 7. Include a portion during which the board evaluates its own performance. 8. Decide on the next steps, and critique the process. 7 or her performance and to identify areas in which improvement may be needed. • To clarify and strengthen the rela- tionship between the manager and the board. • To make a decision about the man- ager's salary for the upcoming year. These goals are not incompatible, and it is possible to accomplish all of these tasks at once. However, it is essen- tial that board members and the man- ager discuss and reach agreement on the purpose of the evaluation before decid- ing what the rest of the process will be. For example, a board member who thinks the main reason for doing an evaluation is to make a decision about compensation may think that a brief consultation among board members — minus the manager —is sufficient to en- sure that no members have any major concerns about the manager's perfor- mance. This member also may ask for input from a personnel specialist who can provide information about man- agers' salaries in comparable jurisdic- tions. By contrast, a board member whose main interest is improving com- munication between the board and the manager may suggest a process that in- cludes a conversation between the board and the manager, with the manager present throughout the evaluation. A board might question whether the manager should be involved in planning the evaluation process, as the evaluation may be seen as the board's responsibil- ity, with the manager as the recipient of the evaluation. Yet most boards want to conduct an evaluation that is helpful to the manager and provides guidance for his or her future actions. Because it can be difficult for the board to anticipate fully what the manager would —or would not —find useful in an evalua- tion, it is wise to consult with the man- ager early in the planning process. For instance, the board may feel that the manager would be uncomfortable hearing board members talk about his or her performance at first hand and so may design a process that "protects" the manager from hearing any negative feedback. Although the board's motives may be good, such a design may not meet the manager's needs if the manager actually wants to be part of the discus- sion, negative comments and all. Spend- ing some time talking about the purpose of an evaluation at the beginning of the process will reduce the possibility of misunderstandings and conflicting pri- orities later on. 2. Agree on what the board expects of the manager. A job is essentially a set of ex- pectations. It is possible to assess whether or not an individual holding that job has met expectations. But an evaluation can be useful only if an earlier discussion has taken place in which the board and manager have outlined expec- tations for the manager's performance. A board and manager may discuss expecta- tions in conjunction with setting organi- zational goals for the upcoming year, perhaps as part of an annual retreat. After setting goals, the board may specify objectives for the manager that define his or her role in meeting these goals. These objectives, then, are the board's expectations concerning the manager. For example, a city council may set a goal of working with agencies and community groups to reduce drug - related crimes in the city. The council may list one or more objectives for the manager related to this goal: identifying groups and agencies that already are working to reduce drug - related crime, forming a partnership that includes members of all relevant groups, or ex- plaining new programs to the local media. If the manager needs clarifica- tion of the objectives or has some con- cerns about his or her ability to meet the board's expectations, these issues are best discussed at the time these objec- tives are set, rather than a year later, when the board wants to know why its expectations have not been met. In addition to identifying what the board wants the manager to achieve, a board typically has an interest in how AGENDA ITEM # 10A AUGUST 12, 2013 the manager achieves these objectives; it expects the manager to have certain knowledge and to exhibit certain skills while performing his or her duties. Ex- pectations about the manager's knowl- edge and skills also should be articulated by the board. The board may expect the manager, for example, to have oral and written presentation skills that enable him or her to present ideas clearly and concisely to diverse groups. It also may expect the manager to be able to allocate resources in a way that ensures equitable service delivery to citizens and to be able to delegate work effectively and evaluate the performance of his or her staff. A board's expectations for the man- ager often represent a mix of general areas of knowledge and skills every man- ager should possess, as well as specific expectations based on the board's com- position, the organization's history, or special features-of the city or region. Therefore, it may be helpful for the board to use an existing list of manage- rial expectations as input for its discus- sion, then to customize these expecta- tions to fit the needs of the jurisdiction. Many professional organizations —like ICMA —can supply such a list; or the board and manager may contact other communities in their area. Remember that a list of expectations for the man- ager that comes from a source outside the board is intended to begin a discus- sion of the board's expectations for the manager, not to replace this discussion. 3. Agree on the frequency and timing of the evaluation. The board and manager should agree on how often evaluations should be conducted (perhaps once a year) and adhere to that schedule. The timing of the evaluation also should be considered. For instance, the board may wish to have the evaluation cycle and budget cycle coincide and to make deci- sions about the manager's compensation at such a time. Or, it may choose to con- duct the evaluation before the budget process gets under way if it feels that it would not be able to give its full atten- tion to the evaluation during the 8 MARCH 1997 months leading up to the adoption of the budget. The board should avoid scheduling the evaluation just before or after an election. If the evaluation is held too soon after an election, new members may not have had the time they need to gather information about and form a judgment of the manager's perfor- mance. Likewise, it is not a good idea to schedule an evaluation just before an election if a change in the composition of the board is expected. 4. Agree on who will be involved. All members of the board and the manager should participate in the evaluation (more about the manager's presence at the evaluation, below). The full board's participation is necessary because all members have relevant information about the manager's performance. In addition, during the planning process, the board and manager should consider whether there are other parties who have an important perspective on the manager's performance. A common problem is for the board to focus en- tirely on the manager's interactions with the board, even though the manager spends only a fraction of his or her time in direct contact with the board. Although both the board and man- ager may feel that the perceptions of staff, citizens, and others are important, they may be concerned about how these perceptions will be collected and shared. It is not a good idea for board members to go directly to staff and to poll em- ployees on their views of the managers' strengths and weaknesses. Such actions would put board members in an inap- propriate administrative role and may put staff members — including the man - ager—in an uncomfortable position. In- stead, the manager might hold "upward review sessions" with his or her staff in order to receive feedback from subordi- nates and to report general themes that came out of these sessions as part of his or her self - assessment. The goal is not to make the manager feel under attack; rather, it is to acknowl- PUBLIC MANAGEMENT edge that many people may have relevant information about the manager's perfor- mance and that the board should not be expected to know everything about the manager's work. If the board and man- ager choose not to incorporate other sources of information in the evaluation, the board may want to consider omitting performance criteria that it feels unable to judge (such as the coaching and men - toring of subordinates). 5. Agree on an evaluation form to be used. Frequently, this is the first step that boards consider when planning an eval- uation, and they find it to be a difficult task. However, if the board already has discussed and agreed on what it expects of the manager (see Step 2), agreeing on an evaluation form becomes much eas- ier. It is simply a matter of translating expectations into performance criteria, making sure that the criteria are clear and measurable. For example, three ex- pectations in the area of "knowledge and skills necessary for local government AGENDA ITEM # 10A AUGUST 12, 2013 management" may look like Figure 2. Following each criterion on the evalu- ation form is a scale ranging from "does not meet expectations" to "exceeds ex- pectations," with an option of marking "unable to rate' A board may choose to assign numbers to this scale (say, 1 through 5, with 1 corresponding to "does not meet expectations" and 5 cor- responding to "exceeds expectations "). But a numerical rating system is less use- ful in an evaluation of the manager than it is in an organization -wide evaluation of all employees, where standardized comparisons may have some value. In fact, a potential problem with using a numerical rating system is that it is easy to focus on the number as the end in it- self, rather than simply a shorthand way to express the evaluation. Thus, a board may discuss at length whether a man- ager's performance on a given dimension is a 3 or a 4, and perhaps conclude that it is a 3.5, without fully exploring what these numbers represent. Samples of evaluation forms may be Figure 2. Portion of Sample Evaluation Form Presentation Skills. The ability to understand an audience and to present an idea clearly and concisely, in an engaging way, to a group whose interests, ed- ucation, culture, ethnicity, age, etc., represent a broad spectrum of community interests and needs. 1 2 3 . 4 5 I I I I Does Not Meets Exceeds Unable Meet Expectations Expectations Expectations to Rate Citizen Service. The ability to determine citizen needs, provide equitable ser- vice, allocate resources, deliver services or products, and evaluate results. 1 2 3 4 5 I I I I Does Not Meets Exceeds Unable Meet Expectations Expectations Expectations to Rate Delegating. The ability to assign work, clarify expectations, and define how individual performance will be measured. I 2 3 4 5 I I I I Does Not Meets Exceeds Unable Meet Expectations Expectations Expectations to Rate 9 obtained from ICMA (contact Anthony Crowell by fax, 202/962 -3500) and other professional organizations. Again, it is essential for boards and managers to tai- lor forms to meet their needs. Conducting the Evaluation. 1. Have individual board members com- plete the evaluation form prior to the evaluation session. Setting aside some time for individual reflection is impor- tant preparation for the evaluation ses- sion. It reinforces the message that this is an important task, worthy of the board members' attention. Making individual assessments before beginning a group discussion also increases the likelihood that each member will form his or her own opinion without being influenced by the judgments or experiences of other members. This is not meant to imply that board members cannot change their minds as a result of group discussion; on the con- trary, members frequently change their views of a manager's performance as they hear the perspectives of other members and learn information that was not available to them when making their individual assessments. 2. Have the manager do a self- assess- ment. Inviting the manager to assess his or her own performance can add a helpful —and unique — perspective to the evaluation process. In most cases, the manager can simply complete the same evaluation form being used by the board. For the manager, the com- parison of the self - assessment with the assessments of others provides an op- portunity for insight into his or her own overestimation or underestima- tion of performance level as compared with the expectations of the board. For the board, hearing how the manager rates his or her own performance (and, more important, how he or she arrived at that rating) can help mem- bers gain some insight into whether the board and manager are communi- cating effectively. As an example, board members might 10 rate the manager as not meeting expecta- tions in a given area because a land use study has not been completed. Upon dis- cussion with the manager, however, the board might learn that the study has been completed but not yet been pre- sented to the board. This distinction would be important because it would suggest different areas for improvement. If the manager has not completed the study, the discussion might have focused on the importance of meeting deadlines. Instead, the group could develop strate- gies for improving communication so that board members will receive infor- mation in a timely manner. 3. Agree on a setting for the evaluation discussion. The evaluation should be conducted in a setting that is private and comfortable, free from interruptions, and considered neutral by all parties. These are the same characteristics a board may look for in a retreat setting when it meets to develop a long -range plan, discuss roles and responsibilities of new board members, and the like. The idea is to set aside a time and place to address a single topic, away from the pressure of a loaded agenda. Boards frequently ask whether the manager's evaluation is defined as an open meeting. Because the board is con- sidering the performance of the man - ager—a public employee— during an evaluation, such a meeting may be held in executive session. According to the North Carolina open- meetings statute, for instance, a public body may hold an executive session to "consider the quali- fications, competence, performance, character, fitness, conditions of appoint- ment, or conditions of initial employ- ment of a public officer or employee." 4. Have the manager present during the evaluation. The above example, in which the board learns important information from the manager during the evalua- tion, illustrates the benefit of having the manager in the room, playing an active role in the evaluation. A manager pre- sent during the discussion can respond AGENDA ITEM # 10A AUGUST 12, 2013 to questions from the board, ask ques- tions, and provide relevant information. Frequently, a board's first impulse is to exclude the manager from the evalua- tion session. Some members may be re- luctant to share negative feedback in the manager's presence. Other members may fear that the evaluation will turn into an analysis of the manager's han- dling of a single incident, with the man- ager defending his or her actions. Still others may want to shield the manager from what they perceive to be unduly harsh criticism from a few board mem- bers. These are valid concerns. However, many of the problems an- ticipated by the board stem from a lack of planning rather than from the man- ager's presence at the evaluation; conse- quently, many of these issues can be ad- dressed in earlier phases of the planning process. For example, a good evaluation form will help ensure that the discussion focuses on job- related behaviors rather than personal traits and will look at the previous year's performance rather than that of the previous week. Some boards choose to exclude the manager from the evaluation session and select one member to summarize the board's discussion for the manager after the evaluation has been completed. Appointing a "designated spokesperson" to communicate the board's evaluation to the manager is often frustrating for both parties. It is difficult for one person to summarize a complex discussion in an accurate and balanced way, and the spokesperson may end up overempha- sizing some points and underemphasiz- ing or eliminating others. To a manager who is seeking feedback and guidance, this one -way communication usually does not give a full picture of the board's perceptions; consequently, the manager may make future decisions that are not consistent with the board's expectations. Even with a careful planning process, board members still may have concerns about sharing negative feedback with the manager. As described in the next section, a skilled facilitator frequently can diminish these concerns by helping MARCH 1997 the group discuss these issues in a con- structive way. After the board has concluded its dis- cussion of the manager's performance, it may wish to excuse the manager while it makes a decision about the manager's compensation. The manager presum- ably will receive any feedback and guid- ance from the board before the salary discussion, so his or her presence is not necessary at this point. However, the board should keep in mind that the ac- tual setting of the manager's salary may not be covered under a personnel excep- tion to an open- meetings law, and for this reason this determination should take place in an open session. 5. Consider using a facilitator. A perfor- mance evaluation is a complex task, par- ticularly when an entire group is partici- pating in the evaluation. Members may have different views of the manager's past performance or different expecta- tions for the future. Board members also may be reluctant to share negative feed- back, or they may be concerned that their feedback will be misinterpreted. For all of these reasons, it often is helpful to use a facilitator when conduct- ing the evaluation. A facilitator can help the group by monitoring the group's process, while leaving all members free to focus on the task of the evaluation. Fa- cilitators often suggest that groups use a set of ground rules to help them accom- plish their work more effectively. The board might look to local busi- ness, civic, and academic leaders for rec- ommendations for qualified facilitators; or it might contact the Institute of Gov- ernment at the University of North Car- olina at Chapel Hill, or the state's associ- ation of county commissioners, league of municipalities, school board associa- tion, or similar organizations for help in this area. 6. Allow sufficient time. A useful tech- nique for the actual evaluation is a "round robin" format. Each member in turn expresses his or her judgment of the manager's performance on a given PUBLIC MANAGEMENT criterion, and the entire group then dis- cusses any differences among individu- als' ratings, with the goal of reaching group consensus on the manager's per- formance in this area before progressing to the next performance criterion. Even with a small board that is in general agreement about the manager's perfor- mance, this is a time - consuming pro- cess. Therefore, setting aside a full day for the evaluation session is a good idea. Although this may seem like a lot of time to devote to one issue, the conse- quences of failing to reach agreement on what the board expects of the manager can ultimately require far more time and energy. The group may wish to divide the evaluation session into two half - days, if that is more manageable (both in terms of scheduling and energy levels). 7. Include a portion in which the board evaluates its own performance. In theory, it is possible for a board to specify ex- pectations for the manager and then to evaluate the degree to which a manager has met these expectations. In practice, however, meeting expectations is usually a two -way street, and it is helpful for a board to examine its own functioning and how it contributes to—or hinders — the manager's effectiveness. In one case, a board set a number of high- priority objectives for the manager to meet, after which individual board members brought new "high- priority" projects to the manager throughout the year. In this case, the board was partly responsible for the manager's failure to meet the ex- pectations initially set by the board. 8. Decide on the next steps, and critique the process. The actual evaluation of the manager's (and the board's) perfor- mance may seem like the last step in the evaluation process, but there still are a number of decisions to be made before the next evaluation cycle can begin. The board may wish to have a separate ses- sion to make a decision about the man- ager's compensation. This is also a logi- cal time to talk about expectations and goals for the coming year, and the board AGENDA ITEM # 10A AUGUST 12, 2013 may wish to set a date in the near future when it will set expectations and perfor- mance measures in preparation for the next evaluation. An important final step: Before the evaluation is concluded, all members should assess the evaluation process it- self. This self - critique helps the group look at its own process and learn from its experiences in working together. By reflecting on the task just completed, the group frequently identifies components of the process that worked well and as- pects that could have been more effec- tive. For example, it may decide that it did not clearly define the manager's role in reaching board goals before the evalu- ation and resolve to address this lack by a specified date. A Process, Not an Event As the steps described here illustrate, the evaluation of a chief administrative officer is a process, not an event. Careful planning and a commitment to com- munication between the board and the manager throughout the year will greatly facilitate the actual evaluation and increase the likelihood that it will be a valuable experience for all involved. One last word: Don't let the fear that your board has not laid the proper groundwork prevent you from getting on with the job. You will probably see some things that you would like to change after the first evaluation (and the second, and the third ... ). That is what the self - critique is for. The impor- tant thing is to begin the process. Mak- ing the evaluation a regular part of the board's work is the best way to ensure its success. Margaret S. Carlson is a faculty member of the Institute of Government, The Uni- versity of North Carolina at Chapel Hill, Chapel Hill, N.C. Reprinted by permission from Popular. Gov- ernment published by the Institute of Govern- ment, The University of North Carolina at Chapel Hill. 11 AGENDA ITEM # 10A AUGUST 12, 2013 City Manager's Performance Evaluation Sample Form Monitoring the performance of the organization and the City Manager are a continual process for the Mayor and Council. This is punctuated by the annual performance appraisal. John Carver states, "Evaluating the CEO is an important board (Mayor and Council) task. It seeks to ensure that board (Mayor and Council) values are truly in place." The following instrument allows each member of the Mayor and Council an opportunity to evaluate the City Manager based on the following Job Dimensions: ✓ Staff Effectiveness ✓ Policy Facilitation ✓ Service Delivery Management ✓ Strategic Leadership ✓ Democratic Responsiveness ✓ Organizational Planning and Management ✓ Communication ✓ Integrity ✓ Interpersonal Characteristics and Skills ✓ Organizational Values ✓ Personal Development ✓ Self - Mastery ✓ Leadership On each job dimension you are provided the opportunity to rate the relative importance of the dimension from your individual perspective, as well as the performance of the City Manager. Narrative comments are welcomed to provide specific examples, or additional feedback to the City Manager. The combined feedback from this multi -rater form and the City Manager's self - evaluation will provide a framework for discussion during the annual performance evaluation meeting. AGENDA ITEM # 10A AUGUST 12, 2013 Job Dimension: Staff Effectiveness: Level of Importance: ❑ High ❑ MediumE Low • ❑ ❑ Expectations ❑ Expectations No Basis for Rating Exceeds Expectations Meets Expectations Almost Always Meets Does Not Meet Staff is professional and high quality performers; providing reports and services that are timely and complete and contain sound recommendations. ❑ No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Demonstrates a commitment to deal with non - performers and hold the organization accountable for results. AGENDA ITEM # 10A AUGUST 12, 2013 Job Dimension: Policy Facilitation ILevel of Importance: ❑ High ❑ Medium❑ Low n No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations n Almost Always Meets Expectations n Does Not Meet Expectations Presents policy - related information completely and accurately. ❑ No Basis for Rating ❑ Exceeds Expectations n Meets Expectations n Almost Always Meets Expectations ❑ Does Not Meet Expectations Respects the role of elected officials in making policy decisions �] No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations n Almost Always Meets Expectations n Does Not Meet Expectations Ensures that policy decisions and initiatives are implemented. Comments: AGENDA ITEM # 10A AUGUST 12, 2013 Job Dimension: Service Delivery Management Level of Importance: ❑ High ❑ Medium❑ Low C No Basis for Rating n Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Ensures prompt, courteous and accurate responses to requests from citizens either directly or through the Governing Body. Comments: Job Dimension: Strategic Leadership Level of Importance: ❑ High ❑ Medium ❑ Low Comments: No Basis for Rating Anticipates and positions the organization to address an d ❑ Exceeds Expectations respond to anticipated events and circumstances. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations • No Basis for Rating Accepts responsibility for undesirable results ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: �4 Hsi Demonstrates an appreciation for the unique culture of the community. ❑ No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations (1 No Basis for Rating Respects and promotes active citizen participation in local ❑ Exceeds Expectations governance. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations AGENDA ITEM # 10A AUGUST 12, 2013 Job Dimension: Democratic Responsiveness Level of Importance: ❑ High ❑ Medium ❑ Low Comments: AGENDA ITEM # 10A AUGUST I2, 2013 Level of Importance: ❑ High Prepares clear, effective, understandable budget. ❑ ❑ • n Expectations ❑ Expectations • ❑ C n Expectations ❑ Expectations No Basis for Rating Exceeds Expectations Meets Expectations Almost Always Meets Does Not Meet No Basis for Rating Exceeds Expectations Meets Expectations Almost Always Meets Does Not Meet Manages the allocation of financial resources. NI No Basis for Rating Exceeds Expectations n Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Provides accurate assessment of the fiscal condition of the community. AGENDA ITEM # 10A AUGUST I2, 2013 Level of Importance: ❑ High ❑ Medium ❑ Low Job Dimension: Organizational Planning and Management Comments: meter a t n No Basis for Rating Demonstrates a capacity for effective written and oral r Exceeds Expectations communication. NI Meets Expectations • Almost Always Meets Expectations ❑ Does Not Meet Expectations Conveys information effectively and matches presentation II No Basis for Rating ❑ Exceeds Expectations styles to different audiences. ❑ Meets Expectations (1 Almost Always Meets Expectations ❑ Does Not Meet Expectations Level of Importance: ❑ High ❑ Medium Low Job Dimension: Communication Comments: AGENDA ITEM # 10A AUGUST 12, 2013 AGENDA ITEM # 10A AUGUST 12, 2013 ILevel of Importance: ❑ High ❑ Medium ❑ Low ❑ No Basis for Rating [1 Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Fosters ethical behaviors. E No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Demonstrates integrity in professional relationships. ❑ No Basis for Rating ❑ Exceeds Expectations [1 Meets Expectations Demonstrates accountability for personal actions. • Almost Always Meets Expectations ❑ Does Not Meet Expectations AGENDA ITEM It 10A AUGUST 12, 2013 Job Dimension: Interpersonal Characteristics and Skills Level of Importance: ❑ High ❑ Medium❑ Low ❑ No Basis for Rating ❑ Exceeds Expectations n Meets Expectations E Almost Always Meets Expectations ❑ Does Not Meet Expectations Demonstrates the ability to work in harmony with others, minimizing conflict, fostering good will within the organization, in external relationships, with the public and other governmental representatives and interest groups.. Comments: Job Dimension: Organizational Values Level of Importance: ❑ High ❑ Medium ❑ Low 11.ate ...-.. a - s ga s "'^"ti,G4 .,.. ;* ,._ , . - , > n No Basis for Rating Demonstrates and models the organizations values, mission ❑ Exceeds Expectations statement, goals and objectives. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations S/he "Walks the Talk!" • No Basis for Rating ❑ Exceeds Expectations n Meets Expectations Fl Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM # 10A AUGUST 12, 2013 Level of Importance: R ❑ No Basis for Rating Demonstrates a commitment to ongoing personal ❑ Exceeds Expectations professional development through continued education and ❑ Meets Expectations training. ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations AGENDA ITEM # 10A AUGUST 12, 2013 Level of Importance: ❑ High ❑ Medium ❑ Low Job Dimension: Personal Development Comments: AGENDA ITEM It 10A AUGUST 12, 2013 Job Dimension: Self- Mastery Rater Self - Mastery No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Demonstrates adaptability and a capability for coping with stress. No Basis for Rating ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Respects the views of others and accepts feedback. U No Basis for Rating n Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Is able to control and manage emotions in conflicts and interactions. Comments: AGENDA ITEM # 10A AUGUST 12, 2013 PUMA POLICY BRIEF BEST PRACTICE GUIDELINES FOR EVALUATION A focus on results is a central element in recent public sector reforms in OECD countries. Evaluation is important in a results - oriented environment because it provides feedback on the efficiency, effectiveness and performance of public policies and can be critical to policy improvement and innovation. In essence, it contributes to accountable governance. The objective of evaluation is to improve decision - making at all levels. Yet its actual use has often proved to be limited, especially in relation to key policy decisions and budget reallocations. These guidelines identify key issues and practices that OECD Member countries should consider when seeking to improve the use of evaluations. They focus on management of evaluation activities in government and management of individual evaluations rather than on methodological questions. It is not their role to determine when evaluation is the most appropriate input to the policy making and performance management process. That decision will best be taken by the Member countries themselves. PUMA Policy Brief No. 5 Public Management Service May 1998 OECD OWA AGENDA ITEM # IOA AUGUST 12, 2013 THE GUIDELINES The Best Practice Guidelines for Evaluation are presented in three sections: GETTING THE MOST FROM EVALUATIONS This section defines evaluations, their objectives, main actors, and benefits and costs. 1. Definition and Objectives 2. Identify Main Participants 3. Assess Benefits and Costs ORGANISING THE EVALUATION FRAMEWORK This section discusses practices in relation to improving organisation and use of evaluations across the public sector. 4. Foster Evaluation Culture 5. Manage Evaluation Activities Strategically 6. Enhance Credibility BUILDING EFFECTIVE EVALUATIONS This section discusses practices and priorities for managing individual evaluations. 7. Ensure Links with Decision - Making Processes 8. Choose the Right Evaluator 9. Involve Stakeholders and Communicate Findings Openly PUMA Policy Brief - 5 E Best Practice Guidelines for Evaluation AGENDA ITEM # 10A AUGUST 12, 2013 Getting the most from evaluations Definition and objectives ➢ Evaluations are analytical assessments addressing results of public policies, organisations or programmes, that emphasise reliability and usefulness of findings. Their role is to improve information and reduce uncertainty; however, even evaluations based on rigorous methods rely significantly on judgement. A distinction can be made between ex -ante evaluations (or policy reviews) and ex -post evaluations. Many practices discussed in these Guidelines apply equally to both, even if their objectives are different. ➢ The main objectives of evaluations are to improve decision - making, resource allocation and accountability. This can be achieved through informing the public, informing key decision - making processes and encouraging ongoing organisational learning. ➢ Evaluations must be part of a wider performance management framework. They can supplement and improve it, but not replace it. Identify main participants ➢ Successful evaluations are based on collaboration between key participants (evaluators, users and stakeholders), under the leadership of a "commissioner ". ➢ Commissioners are organisations that commission evaluations. The commissioner plans the evaluation, monitors its progress, receives the evaluation report, and makes decisions about further action. Commissioners may be ministries or central government agencies (e.g., the Ministry of Finance or independent evaluation and audit organisations). In some cases the commissioner may also be the evaluator. ➢ Evaluators are those organisations or individuals collecting and analysing data and judging the value of the evaluated subject. ➢ Users of evaluation may be policy- makers, the budget office, auditors, policy or prograrme managers and staff, users of services, etc. ➢ Stakeholders are those individuals or organisations that have an interest in the policy or programme being evaluated and the findings of the evaluation. Stakeholders and users are often the same actors. Assess benefits and costs ➢ Benefits of evaluations should outweigh their costs and limitations. Both costs and benefits can be affected by careful management of evaluations and by choosing the appropriate evaluators and evaluation methods. ➢ The key value of evaluations is that they allow for in -depth study of performance and independent assessment of effectiveness of other performance management instruments. Potential benefits are the greatest for large policies or programmes. ➢ On the other hand, experience shows that evaluations have often been too costly and time - consuming compared to their real use and effect. There is also a risk of evaluations being used to slow the process of decision - making and justify inaction. PUMA Policy Brief - 5 ® Best Practice Guidelines for Evaluation AGENDA ITEM # 10A AUGUST 12, 2013 Organising the evaluation framework Foster evaluation culture ➢ Support for evaluations is demonstrated through willingness of politicians, policy managers and central management agencies (e.g., Ministry of Finance), to make effective use of policy advice generated in evaluations. ➢ Demand for evaluation needs to be generated, specified and articulated by internal and external stakeholders. Evaluations without "ownership" by stakeholders are unlikely to have an effect. Institutional barriers to evaluation such as internal resistance can be reduced through consultation, aiming at creating mutual trust. ➢ The government can support an evaluation culture that encourages innovation and adaptation to a changing environment. The basic message should be that to stay relevant, organisations need to continue learning from feedback about results. ➢ Training and professional dialogue, competent evaluators, well - informed commissioners and enlightened and enthusiastic users all contribute to an evaluation culture. Manage evaluation activities strategically ➢ Organisation of evaluation should correspond to needs and priorities in different policy areas. It may be appropriate to systematise and institutionalise evaluations in key policy areas where the costs of collecting data is high and information limited. However, a more flexible approach will often produce better results and prevent evaluations from becoming paperwork exercises. Special attention should be given to evaluation of activities that cut across many organisations. • Central government agencies play an important role in managing the evaluation process; however, the actual evaluations can be decentralised to different actors at all levels of government. • Development of evaluation skills in different organisations ensures the necessary range of evaluation methods and perspectives (e.g., drawing from both internal and external evaluators), and that each evaluation is designed in accordance with its unique set of issues related to objectives, focus, credibility and intended use. • Special funds for financing evaluations can serve as an important incentive for evaluating public policies; however, they may also serve to encourage use of evaluation when other performance management approaches may be more appropriate. Enhance credibility ➢ Lack of credibility undermines the use of evaluation findings. Factors influencing credibility include the competence and credibility of the evaluator, mutual trust between the evaluator and those evaluated, consultation and involvement of stakeholders and processes for communicating findings. ➢ Professional and ethical standards, and methodological quality of evaluation (encompassing issues such as relevant criteria, adequate data and evidence and reliable and clear findings) also have an effect on the credibility of evaluation. Quality assurance and open and frank dialogue can improve credibility by exposing and rectifying potential weaknesses in evaluations. PUMA Policy Brief - 5 Best Practice Guidelines for Evaluation AGENDA ITEM # 1 OA AUGUST 12, 2W 3 Building effective evaluations Ensure links with decision -ma ing processes ➢ Evaluation information can be an important factor in policy formulation to improve the quality of policy intervention and in the budget process to support priorities and savings. Relevant evaluations address issues that are significant for political, budgetary, management and other strategic reasons. ➢ Objectives of evaluation determine location, methodology and use of evaluation. The proposed use of evaluation should be clearly defined. Evaluations should be tailored to the characteristics of a policy intervention and evaluation methods should match the objectives of the evaluation, taking constraints such as costs and time into account. Building requirements for evaluations into policies from the start, and defining their objectives clearly, will improve the usefulness of evaluation and facilitate planning. ➢ Planning improves the management and quality of evaluation. The commissioner is responsible for planning evaluations, including defining objectives, criteria, data collection and methods. Timing is important, but the decision - making cycle is often unpredictable and decisions are often taken before evaluations have been finalised. Choose the right evaluator ➢ Self evaluation by an organisation is appropriate when the main objectives are organisational learning and improved implementation. However, the time and skills of staff may be insufficient, the range of issues covered may be limited and the credibility of findings may also be questioned. ➢ Evaluation by central management agencies is appropriate when the objective is improving budget priorities and when it is important that the evaluator has close links with decision - making processes. ➢ Evaluation by external evaluators (e.g., research bodies and management consultants) is appropriate when the objective is to provide new perspectives on public policies or when there is a need for specialised evaluation skills. However, these evaluators may have limited understanding of the substance and the culture of the evaluated policy or organisation and offer theoretical evaluations. ➢ Independent evaluation is appropriate when the objectives are to improve accountability and transparency. However, policy managers, or the administration in general, may be reluctant to accept the findings and recommendations. Performance audits are often similar to evaluations. Their key features include independence of the auditor and a focus on accountability rather than improvement. Involve stakeholders and communicate findings openly ➢ Stakeholders, including staff, can be appointed to evaluation commissions or involved through steering or advisory groups. Participatory evaluation methods can be used to create consensus and ownership for a change process. Dialogue with users and staff improves understanding and responsiveness to their needs and priorities. Participation must be managed due to the costs, time constraints and the risk of capture from such processes. ➢ Presenting evaluation findings openly increases credibility and creates pressure to act upon findings. Public availability of reports and meetings are useful to present and stimulate dialogue on findings. Judgements and recommendations based on clear criteria attract attention and promote subsequent action. Judgements should focus on overcoming problems rather than on assigning blame. PUMA Policy Brief - 5 IM Best Practice Guidelines for Evaluation AGENDA ITEM # 10A AUGUST 12, 2013 — About this Policy Brief ... As a part of its work on Performance Management, the PUMA Secretariat has studied evaluation in Member countries in order to identify key issues and practices to improve the use of evaluations. These Guidelines draw on experiences from Member countries. They address issues relevant for central agencies responsible for evaluation strategies of government and for those managing individual evaluations. The Guidelines were reviewed and endorsed by both PUMA's Performance Management Network and the Public Management Committee. It must be emphasised that there is no single right way to organise and conduct evaluations. The choice of methods will depend on several factors, including the objectives of evaluations, the role of evaluations in a wider performance management framework, and institutional and political considerations. A background report Improving Evaluation Practices will be available in September 1998. In preparing the report the Secretariat was assisted by a Reference Group of senior officials and experts from Australia, Canada, Sweden, the United States and the European Commission. These Guidelines and the background report, along with other information about PUMA's work in the area of public sector performance management and evaluation, may be found on PUMA's Internet site at: http:www.oecd.org /puma /mgmtres /pac /index.htm For further information about the OECD's work in this area please contact: Sigurdur Helgason - E -Mail: sigurdur.helgason @oecd.org - Fax: (33 -1) 45.24.87.96 360 Performance Evaluations Our 360 performance evaluations feedback system is a multi -rater feedback process that provides management and leaders with an opportunity to receive an accurate evaluation of their job performance from the people around them -- their boss, their peers, and the people whose work they supervise. From this 360 degree performance feedback, managers can compare the opinions of others with their own perceptions, positively identify their strengths, and pinpoint the areas of their job performance that could he improved. This assessment process is concerned with a manager's job performance in eight skill clusters and 18 universal competencies, described as follows: • Communication o Listens to others a Processes information o Communicates effectively AGENDA ITEM # 10A AUGUST 12, 2013 360 Performance Management Systems Dramatically Improves Leadership Effectiveness taliffitttkiT ftft#t vIt.e • Adaptability o Adjusts to circumstances O Thinks creatively • Task Management o Works efficiently o Works competently Development of Others o Cultivates individual talents O Motivates successfully • Leadership o Instills trust with employee o Provides direction o Delegates responsibility • Relationships • Builds personal relationships o Facilitates team success • Production o Take action o Achieves results • Personal Development o Displays commitment o Seeks improvement AGENDA ITEM # 10A AUGUST 12, 2013 City Manager Performance Evaluation City of Evaluation period: to Governing Body Member's Name Each member of the governing body should complete this evaluation form, sign it in the space below, and return it to . The deadline for submitting this performance evaluation is Evaluations will be summarized and included on the agenda for discussion at the work session on Mayor's Signature Date Governing Body Member's Signature Date Submitted Page 1 of 7 AGENDA ITEM # 10A AUGUST 12, 2013 INSTRUCTIONS This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the city manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 = Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented by the governing body to the city manager as part of the agenda for the meeting indicated on the cover page. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS Diligent and thorough in the discharge of duties, "self- starter" Exercises good judgment Displays enthusiasm, cooperation, and will to adapt Mental and physical stamina appropriate for the position Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal = 5 = score for this category Page 2 of 7 Initials AGENDA ITEM # 10A AUGUST 12, 2013 2. PROFESSIONAL SKILLS AND STATUS Maintains knowledge of current developments affecting the practice of local government management Demonstrates a capacity for innovation and creativity Anticipates and analyzes problems to develop effective approaches for solving them Willing to try new ideas proposed by governing body members and /or staff Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal = 5 = score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY Carries out directives of the body as a whole as opposed to those of any one member or minority group Sets meeting agendas that reflect the guidance of the governing body and avoids unnecessary involvement in administrative actions Disseminates complete and accurate information equally to all members in a timely manner Assists by facilitating decision making without usurping authority Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal 5 = score for this category 4. POLICY EXECUTION Implements governing body actions in accordance with the intent of council Supports the actions of the governing body after a decision has been reached, both inside and outside the organization Understands, supports, and enforces local government's laws, policies, and ordinances Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal Page 3 of 7 Initials T 5 = score for this category AGENDA ITEM # I0A AUGUST 12, 2013 5. REPORTING Provides regular information and reports to the governing body concerning matters of importance to the local government, using the city charter as guide Responds in a timely manner to requests from the governing body for special reports Takes the initiative to provide information, advice, and recommendations to the governing body on matters that are non - routine and not administrative in nature Reports produced by the manager are accurate, comprehensive, concise and written to their intended audience Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny Add the values from above and enter the subtotal 5 = score for this category 6. CITIZEN RELATIONS Responsive to requests from citizens Demonstrates a dedication to service to the community and its citizens Maintains a nonpartisan approach in dealing with the news media Meets with and listens to members of the community to discuss their concerns and strives to understand their interests Gives an appropriate effort to maintain citizen satisfaction with city services Add the values from above and enter the subtotal _ 5 = score for this category 7. STAFFING Recruits and retains competent personnel for staff positions Applies an appropriate level of supervision to improve any areas of substandard performance Stays accurately informed and appropriately concerned about employee relations Professionally manages the compensation and benefits plan Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal Page 4 of 7 Initials 5 = score for this category AGENDA ITEM # I0A AUGUST 12, 2013 8. SUPERVISION Encourages heads of departments to make decisions within their jurisdictions with minimal city manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the city manager's office Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback Encourages teamwork, innovation, and effective problem - solving among the staff members Add the values from above and enter the subtotal 5 = score for this category 9. FISCAL MANAGEMENT Prepares a balanced budget to provide services at a level directed by council Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effectively Prepares a budget and budgetary recommendations in an intelligent and accessible format Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability Appropriately monitors and manages fiscal activities of the organization Add the values from above and enter the subtotal = 5 = score for this category Page 5 of 7 Initials AGENDA ITEM # 10A AUGUST 12, 2013 10. COMMUNITY Shares responsibility for addressing the difficult issues facing the city Avoids unnecessary controversy Cooperates with neighboring communities and the county Helps the council address future needs and develop adequate plans to address long term trends Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal + 5 = score for this category NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? What performance area(s) would you identify as most critical for improvement? Page 6 of 7 Initials AGENDA ITEM # 10A AUGUST 12, 2013 What constructive suggestions or assistance can you offer the manager to enhance performance? What other comments do you have for the manager; e.g., priorities, expectations, goals or objectives for the new rating period? Page 7 of 7 Initials AGENDA ITEM # 10A AUGUST I2, 2013 LEADERSHIP Rate the ability of the city manager to inspire, encourage and facilitate the activities of subordinates and peers to achieve City goals. Consider the degree of ingenuity demonstrated in seeking proactive solutions and assuming responsibility for outcomes as well as creativity, resourcefulness, and communicating in a manner that inspires confidence or builds support. Rating Descriptive Statements NI FME EE NA General Comments Takes a proactive approach to issues Motivates and inspires council, staff, and the public Offers new ideas, processes and procedures to council, staff and the public Provides mentoring and coaching to key staff Understands his staffs strengths and shapes programs around those List notes or comments that support the overall rating on leadership NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell AGENDA ITEM # 10A AUGUST 12, 2013 FISCAL MANAGEMENT AND BUDGETING Rate the city manager's ability to prepare an operating and a capital budget, be responsible for (or delegate) purchasing, ensure the collection of revenues, administer the financial affairs of the city, and prepare reports to council to keep members abreast of the city's financial condition, per the city's charter. Rating Descriptive Statements NI FME EE NA General Comments Ensures purchasing policies are followed and informs council when revisions are needed Prepares realistic and understandable budget documents Operates the city's finances in compliance with generally accepted accounting principles Maximizes all efforts to collect taxes and other revenues and seeks new revenue sources Manages the budget within the confines of what the council adopted Makes the best use of available funds, conscious of the need to operate the city efficiently and effectively List notes or comments that support the overall rating on fiscal management and budgeting NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell AGENDA ITEM # 10A AUGUST 12, 2013 SERVICE DELIVERY AND ADMINISTRATION Rate the ability of the city manager to supervise the administrative affairs of the city to include staffing, the management of the departments, and the provision of city services. Basically, the ability to run the city. Rating Descriptive Statements NI FME EE NA General Comments Ensures the public receives city efficiently and effectively services Enforces laws and policies adopted by the council and the state Makes sure staff has the resources it to do its job needs Responds appropriately to citizen and employee complaints and /or concerns Performs duties within given time frames List notes or comments that support the overall rating on service delivery and administration NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell AGENDA ITEM # 10A AUGUST 12, 2013 CITIZEN AND COMMUNITY RELATIONS Rate the effectiveness of the city manager in dealing with the citizens, the public, intergovernmental agencies, businesses and non- profits. Is fair, responsive, professional, polite, open, skillful with the media, cooperative, and listens. Rating Descriptive Statements NI FME EE NA General Comments Asks for and gives attention to concerns and opinions of all community groups and individuals Uses sensitivity, diplomacy, and empathy when dealing with the public Interacts effectively with federal, state and other local government representatives to achieve potential benefit for the city Demonstrates openness, receptiveness, and approachability in both formal and informal situations Deals effectively with the media List notes or comments that support the overall rating on citizen and community relations NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell AGENDA ITEM # 10A AUGUST 12, 2013 PERSONAL AND PROFESSIONAL QUALITIES Evaluate the character of the city manager, his integrity, his ethics, his fairness and equity in dealing with employees, the council and the public, his dedication to professional development, time management, problem solving and decision making skills. Rating Descriptive Statements Projects a positive and professional image NI FME EE NA General Comments Has complete personal and professional integrity Demonstrates continuous professional development Adheres to the ICMA code of ethics Works toward gaining and maintaining the respect and support of staff List notes or comments that support the overall rating on personal and professional qualities NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell AGENDA ITEM # 10A AUGUST 12, 20I3 CITY COUNCIL RELATIONS Rate the effectiveness of the city manager in dealing with council members including prompt, thorough and complete information provided equally to all council members; the lack of surprises on behalf of council members; availability; tact; responsiveness; and how well he successfully interprets the direction and intent of council. Rating Descriptive Statements NI FME EE NA General Comments Assists by facilitating decision making without usurping authority Disseminates complete and accurate information equally to all members in a timely manner Responds well to requests, advice, and constructive criticism Presents multiple options for council to consider Keeps the council informed of administrative developments List notes or comments that support the overall rating on city council relations NI = Needs Improvement, FME = Fully Meets Expectations, EE = Exceeds Expectations, NA = No observation or too early to tell AGENDA ITEM # 10A AUGUST 12, 2013 ADDITIONAL NARRATIVE — LOOKING AHEAD What would you identify as the manager's strength(s), expressed in terms of the principal results achieved during the rating period? What performance area(s) would you identify as most critical for improvement? What constructive suggestions or assistance can you offer the city manager to enhance performance? What other comments do you have for the manager, e.g. priorities, expectations, goals or objectives for the new rating period? Please provide recommendations and comments on a possible change in compensation and a contract extension beyond the current expiration date of August 8, 2013. CITY OF ATLANTIC BEACH Employee Performance Evaluation AGENDA ITEM # 10A AUGUST 12, 2013 The purpose of this employee evaluation is to evaluate performance, take a personal inventory, pinpoint strengths, outline and agee upon a practical program for improvements and establish tasks and goals for the next evaluation period. In conducting performance reviews, these evaluations will provide a history of performance, development and progress. NAME OF EMPLOYEE: JOB TITLE: DEPART!' NT/DIVISION: SUPERVISOR: RATING PERIOD: From: To: DATE OF EVALUATION: TYPE OF EVALUATION: ❑ ANNUAL ❑ OTHER DATE OF INITIAL/LAST REVIEW: DATE OF MID -YEAR REVIEW: PERFORMANCE RATINGS Far Exceeds Requirements: Performance was consistently well beyond requirements Exceeds Requirements: Performance consistently exceeded responsibilities, standards and objectives Meets Requirements: Performance consistently met the majority of responsibilities, standards and objectives Below Requirements: Performance frequently did not meet requirements Well Below Requirements: Performance consistently fell well below requirements SECTION 1. PERFORMANCE TASKS /STANDARDS `. 1. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: 2. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: AGENDA ITEM # 10A AUGUST 12, 2013 3. Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements 4. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: 5. 6. 7. Well Below Requirements Comments: Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements AGENDA ITEM # 10A AUGUST 12, 2013 SECTION II. °` PERSONAL TRAITS /STANDARDS 1. INTERPERSONAL SKILLS a. Sincere interest in job b. Effectiveness in working with others c. :Communications d. Cooperation e. Flexibility Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements 2. APPEARANCE a. Neatness and appropriateness of grooming, dress and characteristics b. Projects a positive image c. Appropriate personal hygiene Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Excccds Requirements 3. INITIATIVE a. Self motivated b. Ability to keep working without prompting c. Conscientious d. Hardworking/Productivity Willingness to pursue challenges 4. JUDGEMENT /KNOWLEDGE a. Recognition of problems b. Application of common sense, Logic_ and decision-making principles c Recognition of appropriate responses Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements 5. RELIABILITY/DEPENDABILITY a. Observance of work schedule b. Adheres to instructions and policies c. Meets deadlines d. Completes tasks e. Attendance f. Safety g. Accepts responsibility Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Well Below Requirements Comments: Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements AGENDA ITEM # 10A AUGUST 12, 2013 SECTION 111. GOALS /STANDARDS FOR THE YEAR 1. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: 2. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: 3. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: • 4. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: 5. Well Below Requirements Below Requirements Meets Requirements Exceeds Requirements Far Exceeds Requirements Comments: AGENDA ITEM # 10A AUGUST 12, 2013 SECTION IV. AREAS OF STRENGTH/OTHER SIGNIFICANT ACCOMPLISHMENTS AND RECOMMENDED AREAS OF IMPROVEMENT 1. Indicate significant job- related accomplishments since the employee's last review or date of hire. Relate these to any previous established work program or objectives where applicable. Also, indicate those activities or accomplishments that were significant in the employee's career development since your last review or date of hire (e.g., education courses or degree completion, seminars, etc.) 2. What recommendations (as to further training or behavioral change, etc) do you have that will help to improve this employee's performance? Indicate dates, as applicable, for improvement. This section should also include any changes in standards or tasks. If training is indicated, ensure to provide individual with opportunity to attain it. (Use additional sheets as necessary) Supervisor's Overall Rating Well Below Requirements Below Requirements Meets Requirements Exceeds Requirement; Far Exceeds Requirements Supervisor's Signature Date SECTION V. EMPLOYEE'S GENERAL COMMENTS EMPLOYEE CERTIFICATION: I certify that this evaluation has been reviewed and discussed with me and a completed copy will be placed in my personal file. I understand that my signature does not necessarily indicate my agreement with the evaluation. Employee's Signature Date SECTION VI. REVIEWER'S RATING AND GENERAL COMMENTS Reviewer's Overall Rating 4-4 'Concur with ratings of Supervisor u Concur with ratings of Supervisor except as noted by my initials Reviewer's Signature Date AGENDA ITEM # 10A AUGUST 12, 2013 ATTACHMENT ;4 PERFORMANCE EVALUATION PREPARATION WORKSHEET Name: Date: Department: Job Title: Instructions: The Performance Evaluation Preparation worksheet should be provided to employees 30 days in advance of their performance appraisal. The form should be turned into the supervisor 15 days in advance of the appraisal date and be used in conducting the appraisal review. All inputs from the employee are optional. 1. In your opinion, what are your major contributions this year? List anything you've done this year that you want management to be aware of such as community activities; teams, committee work/projects; education and/or courses completed, etc. 3. In your opinion, what are you main strengths? 4. Describe your interpersonal skills. Give examples where you have effectively resolved conflict, effectively communicated on projects or lead our organization.