2-24-14 Special Called Meeting MINUTES OF SPECIAL CALLED MEETING OF
ATLANTIC BEACH CITY COMMISSION HELD ON FEBRUARY 24, 2014
PRESENT: Mayor Carolyn Woods
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
ALSO: Nelson Van Liere, Interim City Manager
Richard Komando, City Attorney
Donna Bartle, City Clerk
Nancy Bailey, Recording Secretary
Call to order.
The Mayor called the meeting to order at 6:33 p.m. in the Commission Chamber. Commissioner
Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Woods
explained the procedures for the Special Called meeting.
1. Courtesy of the Floor to Visitors
2. ORDINANCE NO. 90-14-221,Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
REZONING PARCEL IDENTIFICATION NUMBER 177649-0000 FROM COMMERCIAL
LIMITED (CL) AND RESIDENTIAL MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED
AREA (SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH 24-126 OF THE CODE
OF ORDINANCES TO ALLOW A MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS,
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
Mayor Woods read Ordinance No. 90-14-221 by title. She opened the Public Hearing.
Brian Wheeler, 25045 Marsh Landing Parkway, Genesis Group, agent for the applicant, Habitat for
Humanity-Beaches Habitat, stated he was available for questions.
Mike Whalen spoke in opposition to the 201 Mayport Road development.
Don Ford,338 6th Street, spoke in opposition to the 201 Mayport Road development.
Lou Keith, 1845 Tierra Verde Drive, spoke in opposition to the 201 Mayport Road development.
Christian Jorgensen,92 W. 3" Street, spoke in opposition to the 201 Mayport Road development.
Steve Haerter, 106 19th Avenue S., Jacksonville Beach, spoke in support of the development at 201
Mayport Road.
Jeff Montanye,33411th Street, spoke in opposition to the 201 Mayport Road development.
Stephen Fouraker,387 6th Street, spoke in opposition to the 201 Mayport Road development.
Peyton Hopkins, 957 13th Avenue S.,Jacksonville Beach, spoke in support of the development at 201
Mayport Road.
Linda Huffman, 501 16th Avenue S., Jacksonville Beach, spoke in support of the development at 201
Mayport Road.
Chevara Orrin, 2069 N. Market St., Jacksonville, spoke in support of Habitat and the development at
201 Mayport Road.
Thomas Serwatka, 1431 Riverplace Blvd. #1209,with University of North Florida, spoke in support
of Habitat and Habitat housing.
Wells Todd, 1761 Sea Oats Drive, stated this is a class issue and they should not cloak what they really
are talking about here, which is low income, poor folks moving into Atlantic Beach. He stated you have
to give people a chance.
No one else in the audience spoke so Mayor Woods closed the Public Hearing.
Motion: Approve Ordinance No. 90-14-221,as read.
Moved by Mark, Seconded by Beckenbach
Jeremy Hubsch, Redevelopment and Zoning Coordinator, showed slides including the final subject site
plan(which is attached and made part of this Official Record as Attachment A), summarized the SPA
and explained the waivers requested and findings of fact. He answered questions from the Commission.
Brian Wheeler of Genesis Group answered questions related to the capacity of Mayport Road stating
this project is past where the flyover comes down so it is separated from the full lanes of Mayport Road
by the traffic separator.
Jay McGarvey, 81 Ponte Vedra Blvd. answered questions related to the homes entering the free
market at market rate, how the homes are appraised at point of sale, and questions related to the HOA.
Discussion ensued.
Mayor Woods stated her main concern about the project is related to the HOA covenants. She stated she
is looking for a very real commitment of the Habitat entity to support this project ongoing and wants it
clear that Habitat is taking responsibility for the project and upkeep, etc. and that it becomes a part of the
SPA documents, so if there is a problem the City of Atlantic Beach only goes to Habitat and Habitat
assumes all of the responsibility and passes that on to the HOA and individual homeowners. She
referenced Aquatic Gardens stating the developers built it, set up the HOA and they left and the
homeowners didn't want to put the money into it for the maintenance. Mr. McGarvey asked how old
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Aquatic Gardens is. It was stated that it was built in 1982. Mayor Woods stated she wanted verbiage
added to state right and obligation to enter upon such common and maintenance area to perform the
maintenance work that needs to be done. She stated she would like to see that in the other areas that
state they shall have the right but not the obligation; where it would be stated they do have the obligation
and wants all of those obligations spelled out and documented as a legal part of the SPA agreement. Mr.
McGarvey explained the HOA will be responsible for all of the landscape maintenance, not just the
common area landscape maintenance and will also be responsible for the maintenance and repair of the
exterior of the buildings. Mayor Woods stated that is through the HOA, which can easily be changed,
and what she is looking for is the reassurance that it can't change to the degradation of the development
and that Habitat is willing to put in writing that they are going to be the ones to make sure all of this gets
done. Mr. McGarvey agreed to those changes.
The Commission went through the waivers individually and Mr. Wheeler and Mr. McGarvey explained
each. Discussion ensued.
Commissioner Hill stated he wanted to go on record again as saying it is the worst place in the world to
put 200 kids.
Mr. McGarvey stated they are consistent with the land use and if there is a different vision for Mayport
Road then they need to change the land use. Mr. Wheeler also stated that the density that is allowed in
the Comprehensive Plan is much greater than what they are doing and the reason for the variances is to
allow that single-family ownership. Further discussion ensued.
Answering a question from Commissioner Daugherty, Mr. McGarvey explained the costs to build each
Habitat home. Discussion ensued.
After further discussion, Mayor Woods stated to have these requested changes for Habitat added to the
SPA will require another first reading. City Attorney Rich Komando agreed, stating this will be a
substantial change to the Ordinance. Mayor Woods stated the Commission has two more weeks to get
together with Habitat and the City Attorney and spell out exactly what it is that they would like added to
the SPA, as she plans to do, to protect the quality of the development, the individual homeowners and
the City's vested rights in that area.
Commissioner Beckenbach withdrew his Second.
Discussion ensued. Mr. McGarvey and Mr. Wheeler answered further questions from the Commission.
Commissioner Mark withdrew the Motion.
Commissioner Daugherty brought up deed restrictions and Mr. Komando stated deed restrictions would
have to come from the property owner. He stated it is not something the City could impose as a
condition pursuant to the application for the SPA. Mayor Woods explained that the HOA rules and their
mortgage rules stipulate no rentals and she believes that is an obligation they can hold them to in the
SPA documents. Mr. McGarvey clarified that the real change is right and obligation, not right but not
the obligation. Mayor Woods stated that was correct and all of those points will be spelled out and put
in the SPA itself. Mr. McGarvey stated he would suggest they make the current document as part of the
SPA. Mayor Woods stated she believes that would make it too cumbersome for necessary changes they
might need to make as an HOA and believes the HOA should have some rights. She clarified it is just
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the pertinent points for Habitat assuming certain obligations that they want to include, i.e. making sure
there are no rentals, the maintenance, etc. and they will spell them out for Habitat. She stated they will
go through the document and pull them out and they will have a conversation with Habitat prior to the
next meeting.
Motion: Bring back for first reading at the next meeting with the changes discussed stipulating the
obligations that Habitat is going to assume for the entire project, including no rentals.
Moved by Woods, Seconded by Hill
Votes:
Aye: 5—Beckenbach, Daugherty,Hill,Mark,Woods
Nay: 0
MOTION CARRIED
Mayor Woods stated she would like to recommend, due to the complexity of the issue, that they hold a
separate workshop for Workshop Item 4 and also hold public comments at the end of the meeting. She
asked for consensus. Commissioner Daugherty asked the City Attorney if they are allowed to give
different preference during public comments to people who live in Atlantic Beach versus people who
come from out of the City. Mr. Komando stated he is not aware of a legal provision that allows that; to
the contrary, the legislation that passed through the Senate last year encourages opening public
participation in local government, so he would recommend against that. Commissioner Mark asked that
Item 3 also be moved to that separate workshop within the next three weeks. It was the consensus of the
Commission to move Items 3 and 4 to a separate workshop to be held within the next three weeks.
Mayor Woods stated the City Manager's office will contact the Commission to set up a time and they
will have the workshop within the next three weeks.
There being no further discussion by the City Commission, Mayor Woods declared the meeting
adjourned at 8:08 p.m.
Carolyn Woods
ATTEST Mayor
aa/WVZ. Oral)2!*
Donna L. Bartle, CMC
City Clerk
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