6-8-15 Handout Brad Kennelly r �
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June 8, 2015
To Whom It May Concern,
Following are several issues regarding both the Fleet Landing Sign and the Kangaroo Sign.
The Fleet Sign should be relocated back to the original location approved by AB in 2001, and the
Kangaroo property install signage as required by the current code of AB.
Highlights—Fleet Landing Sign
• Fleet Landing encroached/blocked Kangaroo property rights for signage
• City of AB made an error in allowing Fleet Landing sign to remain—already had
granted exception to be located over 250+- feet west of property line
• The Fleet Sign is situated directly under a large "transmission line"
• Fleet Landing lawyer"stated he would work it out with Kangaroo"
Highlights—Kangaroo Sign
• Represented by Counsel
• Kangaroo forced to install pole signs—loss of their signage rights
• Original application submitted with LED description—Denied
• 2»a signage site plan submitted—Approved—Permit issued June 6, 2013
• July 3, 2013 —Kangaroo submits a 3`a sign site plan representing what is constructed
—No Permit issued
• Significant difference in 3`a site plan(July 3,2013)—total of(5) sign improvements
including "illumination"—No Permit issued
Sincerely
Brad Kennelly
2265 Beachcomber Trail
Atlantic Beach 32233
MINUTES
REGULAR CITY COMMISSION MEETING
May 23,2011
CITY HALL,800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C.Jensen
Mayor Pro Tern John L.Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L.Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Bomo called the meeting to order at 6:00 p.m. Commissioner Daugherty gave
the Invocation,followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of May 9,2011.
Motion: Approve the minutes of the Regular Commission Meeting of May 9,
2011,as written.
Moved by Fletcher.Seconded by Daugherty.
Commissioner Woods stated she believes the comments by Lyman Fletcher needed to
he changed to more accurately reflect the comment he was making as she had proposed
in the email given to each Commissioner. Mayor Homo reminded her that his
comments were part of the quasi judicial hearing and were recorded verbatim by the
court reporter in its entirety in the record. He stated he agrees with the summarization
in the minutes and knows there have been exchanges back and forth about how
difficult it was to pick up his comments and be able to get it fully accurate.
Commissioner Woods stated she wanted to make a motion to amend what is in the
minutes on his comments so his concept of what he was trying to get across is more
accurately reflected.
Motion: Amend minutes to reflect changes to comments by Lyman Fletcher as
proposed.
Moved by Woods,Seconded by Daugherty
Commissioner Daugherty asked what exactly she wanted to add, was it the underlined
section they were given. Commissioner Woods stated yes. She further stated the top
half was the verbatim transcript and the yellow highlighted was the meat of what he
was saying,which is reflected in the underlined statement at the bottom.
Commissioner Fletcher asked whose interpretation was the underlined, the clerk's or
Commissioner Woods' interpretation. Commissioner Woods stated it isn't really an
interpretation;it's pretty much what is highlighted in yellow. She stated she wrote it
Votes:
Aye: 3—Parsons,Woods,Daugherty
Nay: 2—Borne,Fletcher
MOTION CARRIED
Ma 23.2011 REGULAR COMMISSION MEETING Page 8
Mayor Boma stated they need to amend this to delete the Community Development
Block Grant. Mr. Thompson explained a mistake was made when they sent the letter
that said they were going to reduce our allocation for CDBG funding by $18.517.
They realized the reduction in funding would not take place until next year.
Motion: Amend motion to delete reference to the Community Development Block
Grant fund.
Moved by Fletcher,Seconded by Daugherty
Votes:
Aye: 5—Borno,Daugherty,Fletcher,Parsons,Woods
Nay: 0
MOTION CARRIED
Mayor Borno called for a vote on the original motion,as amended,
Votes:
Aye: 5—Borno,Daugherty,Fletcher,Parsons,Woods
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Approval of location of Fleet Landing Sign.
Sonya Doerr explained the sign ordinance that led up to Fleet Landing changing their
sign and summarized her staff report stating they are retroactively bringing this to the
Commission for their approval.
Bill Deem, 2341 Fiddlers Lane, counsel representing The Pantry Inc., owner of the
Kangaroo store, stated they have found no middle ground. He distributed a
presentation to the Commission. Mr. Deem presented his client's position,stating the
Commission should do what is right. He discussed the new placement of the Fleet
Landing sign which obscures the sign for the Kangaroo store. He further stated Fleet
Landing is not a retail business and they do not need to attract customers off of
Mayport Road. He further cited several sections from the code regarding signage.
stating Fleet Landing's sign does not conform to code.
Commissioner Parsons asked Mr.Deem if the Kangaroo sign blocked the original Fleet
Lancing sign before it was moved. Mr. Deem stated, no, they were side by side.
Commissioner Parsons asked how business has been since that sign has been up. Mr.
Deem stated he did not have the answer to that but could get it, if needed.
Commissioner Parsons stated that was not necessary,they have already had six weeks
to work on it.
Josh Ashby, One Fleet Ianding Blvd., stated they moved the sign farther west to
improve their visibility because it is an important navigational aid for older adults who
May 23,2011 REGULAR COMMISSION MEETING Pane 9
have vision impairments. He requested the Commission approve the staff's
recommendation and retroactively approve the location of the Fleet Landing sign.
Motion: Approve existing location of new Fleet Landing entrance sign replaced
pursuant to Section 1117 14(5)of the Sian Regulations requiring non-conforming
signs to be brought into compliance by September 9,2012.
Moved by Fletcher,Seconded by Parsons.
Commissioner Fletcher asked if this sign conforms to code. Ms. Doerr explained it
complies with the 8 foot size and location but they have never made anyone comply
with the Welcome to Atlantic Beach style. She further stated this was a sign permit,
there was not a public notice requirement as Mr. Deem requested.
Commissioner Woods asked Ms. Doerr about her comment that they have never held
anyone to the Atlantic Beach signage design. She asked how many signs have been
approved to be put in the right-of-way since they redid the sign ordinance. Ms. Doerr
stated there are Selva Lakes and Selva Linkside, stating they just added the provision
that they have to be approved by the Commission, which she believes was done in
response to Selva Linkside. Mr. Hanson stated there are quite a number of signs in the
right-of-way that go back to a time before they required Commission approval.
Commissioner Woods stated the question was since we redid the code and the code
said if you are going to put a sign in the right-of-way it needs to look like our Atlantic
Beach signs. She asked how many signs have been approved to be put in the right-of-
way since this code change. Ms. Doerr stated Selva Norte has this type of sign.
Commissioner Parsons stated they are almost identical to what the Atlantic Beach sign
looks like. Ms. Doerr stated she doesn't believe they were trying to say everybody had
to have a sign that looks like the Atlantic Beach sign, it was just this monument sign
look and externally illuminated. Commissioner Woods stated she believes the
language is pretty clear. She asked about Fleet Landing having two signs,one at their
gate and the one in the right-of-way and whether the code allows for more than one
sign. Ms. Doerr stated that is a different kind of sign, they can have a free standing
sign at each entrance and can also have a fascia sign. Commissioner Woods asked Ms.
Doerr to show her where that was in the code, which she did. Discussion ensued
re ated to PUDs and residential zoning and signage. Commissioner Woods stated the
Fleet Landing sign does not look anything like the Atlantic Beach sign in any way.
fashion or form. She stated Fleet Landing is great for this community and she does not
want them to think she is picking on them, but she believes we have created another
hardship for ourselves because we have conflicting codes going on. She stated she
believes it is very unfortunate and it was obvious when the permitting was going on
that the Kangaroo sign would be completely blocked and believes it should have been
addressed at the time. Ms. Doerr stated it is not our responsibility to provide clear
unobstructed visibility for commercial signs. Commissioner Woods stated it is our
responsibility to go by our codes and this sign does not look anything like what is
required in the code and she believes it should have been brought up in the permitting
process. Ms. Doerr stated we were forcing them, by other requirements, to put in a
nc:w sign and she does not know that we would want a lot of signs looking just like our
Welcome to Atlantic Beach signs. Discussion ensued. City Attorney clarified that the
language about the signs complementing and conforming to the Welcome to Atlantic
Beach sign references signs in residential districts and signs at the entrance to parks
May 2.3.2011 REGULAR COMMISSION MEETING Paee 10
and other public buildings and places. He stated under 17-39,Commercial Signs,there
is nothing about the sign having to look like the Welcome to Atlantic Beach sign and
believes that is what we are dealing with here. He stated this sign is obviously in a
commercial location. He stated the PUD doesn't start on Mayport Road, it doesn't
start until you get over the bridge, or at the bridge, as he understands it. He stated
under 17-42 (13)private signs on any public property other than specifically approved
by the City Commission are the signs that are prohibited. He stated this sign is a
private sign on public property and it has to be permitted by the Commission. He
stated the sign is in a commercially zoned piece of property advertising a residential
area located within a PUD and the sign is not within the PUD. Commissioner Fletcher
asked if he was saying that the commercial sign guidelines apply, which means this
doesn't apply. Mr. Jensen stated that was correct, there is nothing within 17-39 that
has that same language.
Commissioner Daugherty stated,to him,what the sign looks like really isn't the issue.
He stated he has to look at this as if it was coming across for the first time and that sign
isn't there yet. He stated the reason these things have to come before the Commission
is to give people notice and a chance to respond. He stated that is why he is going to
be voting against this. He stated the easy thing to do,to protect ourselves and say yes
we are following all the legal things,is to approve it and be done with it,but what he is
looking at is if this was coming up for the first time and he had to look at it and say is it
right to allow this. He stated Fleet Landing doesn't own the property and the gas
station pays a premium for their property frontage on Mayport Road and therefore
bought the right to advertise on Mayport Road. He stated,as valuable as Fleet Landing
is to our community they don't own any property at that location on Mayport Road.
He stated looking at the site plan for Kangaroo there is no place to move their sign. He
stated if this was coming up for the first time and the gas station said please don't put
this in front of our sign because it going to adversely affect our business, would he
approve it. He stated the answer was no.
Commissioner Fletcher stated if we heard this brand new today he does not believe
they would be allowed to consider a neighbor fussing, because it is not their job to
provide sightlines in the way they approve signs. He stated Fleet Landing first put up
their sign 10-15 years ago, and since then the Kangaroo sign has obstructed that
coming from the north and now the Walgreens sign obstructs them coming from the
south. He stated they are looking to rectify that and he doesn't believe the Commission
should be in the position to referee. He stated there is no legal reason not to approve
the sign and he doesn't weigh a lot of input from a non-conforming sign from the
Kangaroo complaining about the sightline. He stated every time something gets built,
somebody's sightline gets affected,so he is inclined to support it.
Commissioner Parsons stated we don't look at things like what if,this is what it is and
he believes they have the right to have their sign where it is and Kangaroo will have to
take down their sign in less than a year and a half anyway.
Mayor Bomo asked if grandfathering comes into this at all. Ms. Doerr stated if you
were considering this location right now for the first time,you would have a hard time
telling Fleet Landing they can't put their sign three feet away from where their old sign
was. She stated it meets the setback requirement now and the old sign did not it meets
May 23,2011 REGULAR COMMISSION MEETING Pane 11
the 8 foot height limit and size requirements. She further stated she does not believe it
was ever the intent in the sign discussions that every commercial monument sign or
free standing sign look like the Welcome to Atlantic Beach signs,although they talked
about it for parks, subdivisions, but she does not recall discussions about commercial
signs. Commissioner Woods stated this is a residential sign.
Commissioner Parsons added that Fleet Landing is not a total residential area. it also
has a nursing home and does have commercial usage in there. Commissioner Woods
asked how much the sign cost to put there and what it would cost to move it. Mr.
Ashby stated it was$20,000 to put the sign in. He stated there would be no visibility if
it was moved back.
Votes:
Aye: 3—Borno,Fletcher,Parsons
Nay: 2—Daugherty,Woods
MOTION CARRIED
B. Approval of Final Order on Wolfson appeal.
City Attorney Jensen stated, as explained at the previous meeting, this had to be
reduced to a written order setting forth the findings of fact and conclusion of law based
on what was heard and the record presented to Community Development Board,which
is what this order attempts to reflect.
Commissioner Parsons explained there was a lot of confusion after an article in the
paper, which misled a lot of people, stated we were doing the variance and that was
what we were asked to do as a Commission. He stated that was not what we were
asked to do. He clarified what the Commission was asked to do was to determine
whether procedural due process was afforded, whether the CDB applied the correct
law, and whether the findings of the CDB are supported by competent substantial
evidence. He asked that the press correct that because what was published was wrong.
Motion: Approve Order Affirming Decision of Community Development Board,
as submitted.
Moved by Parsons,Seconded by Daugherty.
Votes:
Aye: 4—Borno,Daugherty,Fletcher,Parsons
Nay: 1—Woods
MOTION CARRIED
C. Possible Naming of a Park in Honor of Commissioner Dezmond Waters.
Mayor Homo stated this was brought up at the time Commissioner Waters passed away
with the thought that it was something we might like to consider doing. He stated he
met with Commissioner Waters' family and they like the idea. He stated they could
either leave the area known as Mandalay Park and put below it, in memory of
Commissioner Dezmond Waters, Ill or they could rename the park as the
Commissioner Dezmond Waters Memorial Park.
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BUILDING PERMI.r APPLICATION
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DATE: 1/15/13 PLAN REVIEW CORRECTIONS REPORT PAGE 1
CITY OF ATLANTIC BEACH
BOO SEMINOLE ROAD
ATLANTIC REACH FL 32233
APPLICATION NSR . 13-00002459
ADDRESS 2425 MAYPORT RD
APPLICATION DATE 4/11/13
APPLICATION TYPE . . : SIGN PERMIT
OWNEP • ANDREWS ENTERPRISES INC
1741 CLATTER BRIDGE RD
OCALA FL 34471
CONTRACTOR •
AGENCY NAME: PLANNING 6 ZONING
DATE ACTION ACTION BY
4/15/13 DISSAPPROVED- 1ST REVIEW ERIKA HALL
PER SECTION 17-51(31: NONCONFORMING SIGNS SHALL BE MADE
CONFORMING WITH ALL PROVISIONS Of THIS CHAPTER WHEN THE
FOLLOWING CHANGES ARE MADE:
(b) Any change which incr..... illumination;
(di Any change which alters the material used for the
display area or face area by more than twenty-five (25)
percent.
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• City of Atlantic Beach APPLICATION NUMBER
, Building SemB DepaRoad rtment (to be assigned by tee Budng Deportment
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Phone*ea15•..... m 4 4 2n407.-58(N208 r•run ins 247-:A4`
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APPLICATION REVIEW AND TRACKING FORM
Property Address: L32 11.25/7/17/ /r RI Department roviow required 1 Yes Me
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APPLICATION STATUS
Reviewing Department First Review: LjApprovsd. MMed.
Circle one! Comments:
BUILDING 9 /�
V 8 LANNING ZDJANG Reviewed by.. /4,0, ate: d 1 (5/'0)3
TREE ADMIN. Second Review: I '.Approved as revised ❑Denied.
PUBLIC WORKS Comments'
PUBLIC UTILITIES
PUBLIC SAFETY Reviewed by. Date
FIRE SERVICES Third Review: OAplawed es revised, ODatied. �.._
Comments:
Reviewed by: Date.
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Mantic ch.c Bea Florida 32233-5445
Phone(904)247-5828•Fax(e04)247-5845 Wit/ 3
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"•.•`. City webefla Ittpi www.coab.ua
APPLICATION REVIEW AND TRACKING FORM
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PUBLIC WORKS Comments:
PUBUC UTILITIES
PUBUC SAFETY Reviewed by: ----....— Date:
FINE SERVICES hued Review: []Approeca 00 rueined. ODenier
Comments:
Reviewed by: Date:
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APPLICATION STATUS
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TREE ADMIN. Second Review
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PUBLIC WORKS Comments:
PUBLIC UTILITIES
PUBLIC SAFETY Ree.e ed by �4t.4-. /L•, OM 45 26V
FIRE SERVICES Third Redden DAPP'ooed es'writes Opened
Comments'
Reviewed by Dele'
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NEW SIGN AND ELECTRIC
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