1-23-16 Handout- History of Cloister's South Gate- Robert Hines HISTORY OF CLOISTER'S SOUTH GATE
1973 - 2016
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Dear Commissioners,
I noticed the issue concerning the south gate opening at the Cloister
Condominiums is on the agenda for discussion at Monday's Commission
meeting . During the last meeting , several of you commented that you need
additional information , including information from the City's records .
All of the following documents were copied from the City of Atlantic Beach
records :
Exhibit 1 — January 22 , 1973 Commission Meeting Minutes . Mr. Butts , the
developer of the Cloister Condominiums , "appeared before the
Commission with an application for Planned Unit Development" for the
condominium . " [Mayor Howell stated that under the " P . U . D . " Ordinance
(COAB Ordinance 52-72-7) the City would receive the application and refer
it to the Advisory Planning Board for their recommendations . "
Exhibit 2 - February 20 , 1973 Minutes of Advisory Planning Board Meeting .
Mr. Butts submitted plans for Cloister to be approved as a P. U . D. After
discussion , the Board voted to recommend that the City Commission
approve the P . U . D . application .
Exhibit 3 — February 26 , 1973 Commission Meeting Minutes . The minutes
state in part, " Mr. Butts has obtained the property which used to be the old
Atlantic Beach Hotel site. Mr. Butts would like to construct a condominium
consisting of 66 units not to exceed three stories in height with
approximately 2 . 6 parking spaces . There will be only be one access to the
property down Tenth Street and a lock gate at the southern end of Mr.
B utts ' property at Beach Avenue for emergency use such as fire protection .
After discussion , Commissioner Fogg moved , seconded by Commissioner
S peed and carried that under the Planned Unit Development Ordinance the
City Commission accept the application and tentative plans and set a
public hearing . Mayor Howell stated the Public Hearing will be scheduled
for March 12 , 1973 . "
Exhibit 4 — March 12, 1973 Commission Meeting Minutes . Mr. Butts made
his presentation on his application for P. U . D . Hotel Reservation and
explained his request to build a 66 unit condominium . "There will be only
o ne access to the property ; Tenth Street and a lock gate at the southern
e nd of the property at Beach Avenue for emergency use . The P. U . D .
application was approved . Significantly, at the conclusion of the meeting,
the minutes state Mayor Howell reminded the developer, "Any changes
from what was originally proposed must be approved by the City
Commission. "
Exhibit 5 — July 9 , 1973 Commission Meeting Minutes . The minutes state
that Mr. Butts had presented his plans for final approval under the P . U . D .
ordinance for construction of the Cloister Condominiums . The plans did
not deviate from the plans originally submitted . After discussion , the plans
were approved .
Exhibit 6 - November 25 , 1974 Commission Meeting minutes concerning
request by the developer of the Cloister Condominium to construct a wall .
Although moving the gate was not discussed , the City Manager, R. C . Vogel ,
explained that the Cloister Condominium is a PUD .
Exhibit 7 - November 6 , 1986 letter from the Cloister Condominium to the
Atlantic Beach City Manager asking what the Cloister needs to do to
change their entrance from 10th Street to Club Drive .
Exhibit 8 - Two Memoranda dated March 10 , 1988 from Larry Richter
concerning the Board of the Cloister looking into relocating the entrance to
the Cloister to the South End of the property.
Exhibit 9 - An undated letter ( believed to be 1988) from a realtor, Marilyn
Pierce Elia , concerning relocating the entrance to the Cloister.
Exhibit 10 - March 25, 1988 letter from KBJ Architects to Mr. Larry Richter
concerning proposed new entrance at south end of the Cloister
condominiums . The letter states at the end , "Any number of other issues
spring to mind which cast genuine doubt as to the wisdom of construction
of the proposed new south entrance and closing the present north
entrance . It seems almost fruitless to labor this point. There seems to me to
be an almost total lack of positive argument for the proposed new
scheme . "
Exhibit 11 - April 2 , 1988 letter from Atlantic Beach Police Department to
Mr. Larry Richter stating "there are no positives" to relocation of the
entrance to the South end of the Cloister Condominium .
Exhibit 12 — February 12 , 1990 Commission Meeting Minutes . Discussion
regarding request by Cloister Condominium to close north gate and open
south gate .
Exhibit 13 - February 20 , 1990 Staff Report with related maps from City
Clerk concerning " request from Cloister Condominium to change main
entrance to the complex from Tenth Street to Club Drive" . Memo explains
why the City Attorney said the Cloister Condominium is a PUD .
Exhibit 14 - Page Three from February 26 , 1990 Commission Meeting
Minutes concerning request by the Cloister Condominium to change their
entrance from Tenth Street to Club Drive . City Clerk explained the Cloister
Condominium was a PUD . Mayor Gulliford explained procedure which must
be followed to amend the PUD .
Exhibit 15 - Undated document ( believed to be 1990) discussing proposed
South Entrance .
Exhibit 16 — Public Notice concerning February 17 , 2015 meeting of
Community Development Board to consider request by the Cloister
Condominium to close the north gate and open the South Gate .
Exhibit 17 - Pages 1 - 4 of the February 17 , 2015 meeting minutes from a
meeting of the Community Development Board describing comments on
Cloister request to open south gate, discussion , and the Board 's
unanimous vote to deny the request.
Exhibit 18 - Page 4 from the October 26 , 2015 Commission Meeting where
City Attorney Komando states his belief that the Cloister needs to file a
formal application to amend the PUD to open the south gate and that the
matter would have to be presented to the Community Development Board .
I am also enclosing photographs which depict the south gate at the
Cloister. These are not from the City's records . As you can see, if
automobiles are allowed to exit from the Cloister south gate, they will be
staring straight into oncoming one-way traffic on Beach Avenue . As you
can also see , the cloister south gate is immediately adjacent to two private
driveways . You don 't have to be a traffic engineer or an expert to see the
potential danger of, ( i) having the parking lot from a 66 unit condominium
exit into oncoming one-way traffic on Beach Avenue, and (ii ) having traffic
to and from the parking lot so close to two private driveways .
I appreciate the fact that we have a forum like the Commission Meetings to
express our views . I also appreciate the Commission's efforts to find a
reasonable compromise to this issue . However, in order for the process to
work fairly and effectively , it is imperative that we are open and honest and
accept the facts which are clearly established from the City records .
The Cloister Condominium is a PUD . Since the initial application , pursuant
to the PUD , use of the South Gate has been restricted for emergency use. I
was disappointed to hear people from the Cloister state they have always
controlled the South gate and had the right to open it without approval from
the City. If that was the case , the Cloister would not have asked the City for
permission to open the south gate in 1986, 1988 , 1990 and 2015.
The application for the condominiums was submitted under the " P . U . D . "
ordinance in existence at the time it was submitted . It is not clear under the
procedure in effect in 1973 that a document called a Planned Unit
Development or " P. U . D . " was ever created or submitted or whether some
other document was acceptable. What is important is that the record is
absolutely clear. The project was submitted as a " P. U . D . " was approved as
a " P . U . D . " and was built as a " P . U . D . " It is equally clear that since the
inception , the south gate was to be used solely for emergencies .
Under Florida law, if a PUD document did exist and it has been lost or
removed from the public records , it can still be enforced if there is
sufficient proof of the PUD and the use restriction . That is clearly the case
here . The Cloister Condominium Association knows the property is a PUD
and knows the south gate is restricted for emergency use only. That is why
they have submitted multiple requests to the City over the years to open
the gate. That is also why they followed the procedure for amending a PUD
when they sought approval from the Community Development Board last
year.
I was also disappointed to hear people from the Cloister stating they had
read their title insurance policies and they didn 't contain any restrictions or
exceptions concerning access . This is a meaningless point which was
made in an effort to give their argument an appearance of credibility. A title
insurance policy insures that you have good title to the property you are
purchasing . All title policies state they are subject to certain disclaimers
such as zoning restrictions or, in this case, a restriction imposed by a PUD .
I am confident all the people who spoke have good title to their
condominiums and have free access to the property through the north
gate , just as they have had since the project was constructed in 1973 .
Of course , if the Cloister condominium representatives had strong and
legitimate arguments they would not have to resort to making claims that
are clearly contradicted by the City's records and their own conduct.
Contrary to their contention , they have never had the discretion to open or
close the south gate . The City's records are clear and irrefutable . The
Cloister Condo Association has asked the City for permission to open the
south gate for decades .
The south gate at the Cloister Condos has been closed , except for
emergencies and garbage trucks , for decades because that's the restriction
agreed to by the developer and the City and imposed by the PUD . That's
the law. For many decades , the Cloister has sought permission from the
City to open the south gate . Those efforts have failed . In the past, the
Cloister has always respected the Commission , its fellow citizens and the
rule of law by keeping the gate closed .
The Cloister Condos have now chosen to disrespect the law, disrespect the
City Commission and disrespect their neighbors and fellow citizens . They
have unilaterally opened the south gate without approval from the City.
Just last February they presented their request to the Community
Development Board which unanimously voted against opening the south
gate . Pursuant to Section 14-24 of the Atlantic Beach Ordinance Code, a
party "shall " appeal an adverse decision.. of the Community Development
Board within 30 days . The Cloister Condominium Association did not
appeal . Under Florida law, they cannot request the exact same relief they
requested last year unless they can show a material change in
circumstances since that time .
My neighbors and I are willing to discuss a reasonable compromise , but
not until the Cloister does what they have done for decades , keep the gate
closed as the law requires unless and until the restriction on use of the
south gate is legally changed .
My neighbors and I urge you to compel the Cloister Condos to follow the
law. If you give them relief, you will be violating the law which does not
allow them to take another bite at the apple unless they can demonstrate a
material change which they have not even attempted to do . It would also
reward the Cloister Condo Association for their inappropriate behavior and
thus send the wrong message to the citizens of Atlantic Beach . Everyone
else who wants to change zoning or land use restrictions goes through the
appropriate legal procedure before implementing changes . The Cloister
Condominium Association should be compelled to follow the law, as
everyone else does .
MINUTES OF TUE MEETING OF THE ATLANTIC BRACH CITY COMMISSION HELD
�� AT THE CITY HALL ON MONDAY , JANUARY 22 , 1973 , AT 8 : 00 P . M .
PRESENT : William S . Howell , Mayor-Commissioner
R . R . Rosborough , II
L . W . Minton , Jr . - Arrived Late
F . W . Fogg
D . W . Speed , Commissioners
AND R . C . Vogel , City Manager
Oliver C . Ball , City Attorney
Adele S . Grego , City Clerk
ABSENT : None
The meeting was called to order by Mayor-Commissioner , Mr . Howell .
The invocation was given by Mayor Howell , followed by the pledge to
the flag .
The minutes of the meeting of January 8 , 1973 , were approved as
written upon motion of Commissioner Rosborough , seconded by Com-
missioner Speed and carried .
The minutes of the Special Called Meeting of January 12 , 1973 , were
�� approved as written upon motion of Commissioner Speed , seconded by
Commissioner Rosborough and carried .
Mayor Howell recognized visitors and called for any business from
the floor not on the agenda . There was none .
Bids on Police Cars were received as follows :
Nimnicht Chevrolet Company
1 Bel Air Station Wagon $ 3 , 355 . 43
2 Police Cars $ 5 , 850 . 20 $5 , 850 . 20
Total with Bal Air $ 9 , 205 . 63
1 Chevelle Station Wagon $ 3 , 046 . 09
Total with Chevelle $ 8 , 896 . 29
Thor Chevrolet , Inc .
Total Bid with Chevelle $8 , 591 . 65
Additional for Bel Air Station Wagon 392 . 00
Total $8 , 983 . 65
EXHIBIT "1 "
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MINUTES
JANUARY 22 , 1973
PAGE TWO
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Commissioner Fogg moved the bids be referred to Committee for study
and recommendations , seconded by Commissioner Rosborough and carried .
Mayor Howell appointed Commissioner Minton , the City Manager and the
Chief of Police to study the bids and report back to the City Com-
mission at the next meeting .
Bids on Garbage Trucks wore received as follows :
Lynch -Davidson $ 17 , 357 . 90
Florida Equipment Co . $ 21 , 938 . 00
Thor Chevrolet , Inc . $ 16 , 900 . 00
Commissioner Fogg moved the bids be referred to Committee for study
• and recommendations , seconded by Commissioner Rosborough and carried .
Mayor Howell appointed Commissioner Rosborough , the City Manager and
Mr . Hilliard to study the bids and report back to the City Commiss -
ion at the next meeting .
Mr . Butts appeared before the Commission with an application for
P lanned Unit Development for part of Hotel Reservation East of The
P lace By The Sea . Mr . Butts presented the Commission with drawings
for a condominium on 3 . 7 acres of land . There was discussion
following which Mayor Howell stated that under the "P . U .D . " Ordi -
nance the City would receive the application and refer this to the
Advisory Planning Board . Commissioner Rosborc, ,h moved , seconded
by Commissioner Fogg and carried that the application be received
and referred to the Advisory Planning Board for their recommenda-
t ions .
The text item on the agenda was a request from Mr . Richard Hamilton
for sewer and water service to 1609 Beach Avenue , north of the
City Limits of Atlantic Beach . After lengthly discussion , Mayor
Howell stated that he did not think the City could continue to
allow this particular thing because the City will wind up with in -
dividual sewer lines running up to North Atlantic Beach , outside
o f our City Limits , and it will create a maze of sewer lines all
over the place . Mayor Howell suggested that the City Manager
handle this until some master plan is worked out that will be satis -
factory with the City . Commissioner Fogg moved , seconded by Com-
missioner Rosborough and carried that Mr . Hamilton be allowed to
get with the City Manager to do whatever the circumstances justify .
Mayor Howell stated that since Mrs . Mary Pace ' s appointment was for
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one year there was now an opening on the Advisory Planning Board for
a four year term of office . It was moved by Commissioner Speed ,
seconded by Commissioner Fogg and carried that Mrs . Mary Pace be
appointed to the Advisory Planning Board for a four year term .
1 I
MINUTES OF THE ADVISORY PLANNING BOARD OF THE CITY OF ATLANTIC
BEACH HELD AT THE CITY HALL , FEBRUARY 1, 1973 , AT $ : 00 P . M .
I PRESENT : Mr . R . L . Wardrep , Chairman
Mrs . Jan Tierney
Hrs . Mary Pace , Members
AND Mr . R . C . Vogel , City Manager
Mr . F . W . Fogg , Commission Coordinator
ABSENT : Mr . Glover Weiss .
The meeting was called to order by the Chairman , Mr . Wardrep .
fie asked Mrs . Pace to read the minutes of the previous meeting
and the Board approved the minutes as written .
The first topic for discussion was a platting of acreage by
At . John Hanna . The acreage is located in the Donner Sub
Division on Church Road , George Street , and the city play
ground . tr Earna revised his original plan of 12 lots to
8 lots thereby increasing the size of the lots and eliminating .
the paved street parralel with the south property line which
abuts Donner playground . The new plan was approved by the
Planning Board and recommended to the Commission that it be
approved .
The request of Mr . Butts for a P . U . D . application on the
Hotel Reservation which is presently zoned Business A- 1 was
taken under consideration by the Board . Mr . Butts explained :
that he would like to construct a condominium consisting of
66 units not to exceed 3 stories in height , with approximately
2 . 6 parking spaces per unit . After discussion , which covered
numerous related subjects , the Board , considering the use that
can be put to the land under present zoning and the undesirable
affect that such would have on the city , decided that the
proposed use would be more dusirabte than any use now possible
under existing zoning . Several people in the audience voiced
opposition and expressed their desire that the property be
zoned for single family residence , An attempt was made to
explain thatihie would be depriving the owner of the highest
and best use of the property and , inasmuch as the property
had been zoned for hotel use prior to the incorporation of
the City , it was felt that any attempt to lessen the value
of the property by re- zoning to single family would meet with
failure in a court of competent jurisdiction . The Board ,
therefore , voted unanimously to recommend to the Commisston
that the present plan as presented b$ approved .
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EXHIBIT "2"
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(AN- February „] 1973
Page Two
) Mr . Bull presented preliminary plans with a request that the
Bull Airport property be placed under P . U . D . . He pointed out
• that the present zoning . of the airport property is Residence D
and the property immediately east . of Bull Airport abutting
the lagoon was zoned AA . He proposes to build cluster homes
adjacent to the lagoon and sub-divide the airport property
into single family lots . It would . differ , however , from a
conventional subdivision in that all property in the complex
would be under a Condominium Association that would be res -
ponsible for exterior perpetual care . The Board , after lengthy
discussion , looked favorably upon the entire project ; however ,
they decided to withheld a recommendation to the City Commission
• until additional dialogue could be developed concerning the
cluster housing occupying the area . preseatly zoned AA .
There being no further business the meeting was adjourned .
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MINUTES OF THE REGULAR MEETING OF THE ATLM TIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY , FEBRUARY 26 , 1973 , AT 8 : 00 P . M .
PRESENT : William S . Howell , Mayor
R . R . Rosborough , II
L . We Minton , Jr .
F . W . Fogg
D . W . Speed , Commissioners
AND R . C . Vogel , City Manager
Oliver C . Ball , City Attorney
Adele S . Grego , City Clerk
ABSENT : None
The meeting was called to order by Mayor-Commissioner, Mr . Howell .
The invocation was given by Commissioner Minton , followed by the
pledge to the flag .
The minutes of the meeting of February 12 , 1973 , were approved as
written upon motion of Commissioner Rosborough , seconded by
Commissioner Minton and carried .
Mayor Howell recognized visitors and called for any business from
the floor not on the agenda . There was none .
Under correspondence the City Commission received a letter request-
ing zoning for the Southwest Corner of Tenth and Ocean Boulevard ,
Part of Hotel Reservation . The request for re -zoning is based upon :
( 1) the large size of the lot : 06 . 97x103 . 82 ' x115 ' xlOO '
( 2 ) the proximity of other multi - family units - namely the
Place by the Sea Apartments located directly across
Ocean Boulevard ; and
( 3 ) the high cost and value of the lot makes it uneconomical to
build a one family residence upon it .
Mayor Howell stated this property is located on the Southwest corner
of Ocean Boulevard and Tenth Street and this request would be a
matter of spot zoning . At this time , Mr . Joseph J . Joseph , Jr . ,
part owner of the property appeared before the City Commission .
EXHIBIT "3"
MINUTES
FEBRUARY 26 , 1973
PAGE TWO
He stated in talking with the City Manager , Mr . Vogel indicated that
the proper thing to do with this property is to request it be placed
under the P .U . D . Ordinance . Mr . Joseph said that he wished to
modify his letter to the City Commission and request P . U . D . zoning
rather than a request for spot zoning and in addition , change the
wording from duplex and townhouses to two unit condominiums .
Commissioner Speed stated that perhaps the owners might contact some
of the neighbors in the area and get their feelings and comments .
After lengthly discussion , Commissioner Rosborough moved , seconded
by Commissioner Fogg and carried that this request for F . U . D . zoning
for the Southwest Corner of Tenth and Ocean Boulevard , Part of Hotel
Reservation be referred to the Advisory Planning Board for their
recommendations . Mayor Howell stated that the Advisory Planning
Board should be informed of several other request for spot re -
zoning in that particular area that have consistently been turned
down by the City Commission .
The next item on the agenda was Mr . George Bull ' s request for land
development , Mr . R . L , Wardrep , Chairman of the Advisory Planning
r Board , reported the Board had met with Mr . Bull on February 12 ,
1973 and the Board had looked very favorably on his entire project .
The only thing the Board requested is they wanted to look further
into the matter of cluster housing . Commissioner Minton moved ,
seconded by Commissioner Speed and carried that under the Planned
Unit Development Ordinance the City Commission accept the applica-
tion and tentative plans and sot a Public Hearing . Mayor Howell
stated the Public Hearing will be scheduled for March 26 , 1973 ,
8 : 00 P . M . at the City Hall .
Mr . Wardrep reported on the recommendations from the Advisory
Planning Board on platting of acreage by Mr . John Hanna . The
acreage is located in the Donner Subdivision on Church Road , George
Street and the City Playground . Mr . Hanna revised his original
plan of twelve lots to eight lots thereby increasing the size of
the lots and eliminating the paved street parallel with the south
property line which abuts Donner Playground . Mr . Hanna presented
his tentative new plans to the City Commission . After lengthly
discussion , Commissioner Fogg moved , seconded by Commissioner Minton
and carried that the City Commission accept the Advisory Planning
Board ' s recommendation and authorize the Mayor and city Clerk to
sign the plat when it is properly completed .
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MINUTES
FEBRUARY 26 , 1973
PAGE THREE
Application for P . V . D . zoning for Hotel Reservation , East of Place
By The Sea , was reported on by Mr . Wardrep . lit . Butts has obtained
the property which used to be the old Atlantic Beach Hotel site .
Mr . Butts would like to construct a condominium consisting of 66
units not to exceed three stories in height with approximately 2 . 6
parking spaces ,. There will be only one access to the property
down Tenth Street and a lock gate at the southern end of Mr . Butt ' s
property at Beach Avenue for emergency use such as fire protection .
After discussion , Commissioner Fogg moved , seconded by Commissioner
Speed and carried that under the Planned Unit Development Ordinance
the City Commission accept the application and tentative plans and
set a public hearing . Mayor Howell stated the Public Hearing will
be scheduled for March 12 , 1973 .
IMrs . Grace Roberson appeared before the City Commission with a re -
quest to abandonment of Easement , Lots 820 -821 -843 , Section 3
Saltair Subdivision . She stated the easements are now under the
f houses . Mr . Ronald Altman obtained a building permit from the City
of Atlantic Beach and they have actually been abandoned , but to get
r% . the records clear and off the title insurance policy Mr . Altman
1 needs to get the necessary papers from the City of Atlantic Beach
I to present to the title company so they can take it off the title
binder . Mayor Howell stated this goes back to the old deed re -
1 strictions or deed covenants . Mrs . Roberson stated it was done by
( the Saltair Development Corporation . in the discussion it was
brought out that the abandonment should be from Lots 810 through
I 850 Saltair Subdivision . It was moved by Commissioner Minton ,
seconded by Commissioner Rosborough and carried to abandon the
easements on Lots 810 through 850 Saltair Subdivision and that the
Mayor and City Clerk be authorized to sign the necessary abandon-
went .
Mr . Vogel reported cn the sidewalk along Seaspray from Sailfish East
to Seminole Road stating he had discussed this with Mr . Hilliard ,
Director of Public Works , and they have come to the conclusion that
inasmuch as the land abuting Seaspray has been converted back to
acreage and there are no plans for developing it at this time , so
instead of paving the street an asphalt sidewalk four feet wide
abuting the property on the same side of the street as the sewer
line will be constructed . It was moved by Commissioner Minton ,
seconded by Commissioner Rosborough and carried that a sidewalk be
(10.4 constructed from Sailfish Drive cast to Seminole Road on Seaspray .
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY , MARCH a2 , 1973 , AT 8 : 00 P . Me
PRESENT : William S . Howell , Mayor-Commissioner
L . W . Minton , Jr .
R . R . Rosborough , XI
F . W . Fogg
D . W . Speed , Commissioners
AND R . C . Vogel , City Manager
Gloria June Knight , Acting City Clerk
ABSENT : Oliver C . Ball , City Attorney
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The meeting was called to order by Mayor -Commissioner , Mr . Howell .
The invocation was given by Commissioner Minton , followed by the
pledge to the flag .
The minutes of the meeting of February 26 , 1973 were approved nn
written .
rwarN
( Mayor Howell recognized visitors and called for any business from the
floor not on the agenda . There was none .
The following bid was presented to the city Commission :
Ellis K . Phelps & Company , Winter Park , Florida
One ( 1 ) Model 15C5 Comminutor
Total Sum , F . O . B . Factory with freight allowed . . . $4 , 893 . 00
Commissioner Minton moved that the bid for a Comminutor be awarded
to Ellis K . Phelps & Company in the amount of $ 4 , 893 . 00 from Account
No . 2052 Sewer Plant Construction . The motion was seconded by
Commissioner Speed and carried .
Mayor Howell read in full a letter from Lieutenant Governor Tom
Adams . The Lieutenant Governor presented to the City of Atlantic
Beach a Certificate of Achievement in recognition of the City ' s
contributions to the enhancement of Florida ' s enviroment , Tom Adams
" stated that the people of Florida should respect and appreciate the
ea" good example the City of Atlantic Beach has set in their efforts to-
wards abatement of pollution resulting from municipal sew:sge .
EXHIBIT "4"
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MINUTES
MARCH 12 , 1973
PAGE TWO
Mayor Howell presented and read Resolution No . 73 -12 levying and
imposing special conditions for the removal , suppression or abate-
ment of a dangerous unsafe , dilapidated or unsantitary structure ,
pursuant to the provisions of Ordinance No . 25 -67 -6 of the City of
Atlantic Beach , Florida , against Lots 276 , 261 , 268 and 269 Saltair
Subdivision . Commissioner Fogg moved for passage of said resolution ,
seconded by Commissioner Minton and carried . Copy of Resolution No .
73 - 12 is attached hereto and made a part hereof .
Mayor Howell stated the City has received Change Order No . 3 from
B . B . McCormick & Sons , Inc . on the paving and drainage facilities
Selva Marina Subdivision , Unit No . 8 , City of Atlantic Beach , Fla .
Previous value of Contract , including Change No . 1 and No . 2
$ 55 ,460 . 50
Decrease in Contract value by this change order $ 1 , 230 . 00
Net Contract Value $ 54 , 230 . 50
r After discussion , it was moved by Commissioner Minton , seconded by
Commissioner Speed and carried that the reduction in price of
$ 1 , 230 . 00 be approved on Change Order No . 3 from B . B . McCormick &
Sons , Inc .
At this time , Mayor Howell called on Mr . Butts to make his presenta-
tion on his application for P . U . D . Hotel Reservation . Mr . Butts
stated he would like to construct a condominium consisting of 66
units not to exceed three stories in height with approximately 2 . 6
parking spaces . There will be only one access to the property :
Tenth Street and a lock gate at the southern end of his property
at Beach Avenue for emergency use . Mr . Butts presented copies of
his proposed prolirinary plans to the City Commission . Mayor Howell
declared the meeting open for a Public Hearing .
David Sikes , David Bundy , Pete Mylkes and other opponents of the
development questioned the City ' s ability to provide adequate sewer ,
water and garbage service . Mayor Howell stated that on all of the
above questions the City has adequate service . The Mayor also ex -
plained that under the present zoning , which is A-1 , provides for
hotels or motels . The density of this proposed condominium will be
less than 17 . 5 per acre . At this time , Mayor Howell called on Mr .
Cm R . L . Wardrep , Chairman of the Advisory Planning Board for his
comments . Mr . Wardrep stated the Advisory Planning Board has
studied this proposed condominium and considering zoning they felt
this was the best usage of the land . Several citizens asked the
MINUTES
MARCH 12 , 1973
rN PAGE THREE
question as to whether or not the City of Atlantic Beach could
purchase the property . Commissioner Speed stated that the City of
Atlantic Beach is not in the business of raking land speculations .
There being no further discussion , Mayor Howell declared the Public
Hearing closed . It was moved by Commissioner Rosborough , seconded
by Commissioner Minton and carried to approve Mr . Butts ' request for
P . U . D . for the remainder of part of Hotel Reservation . Mayor Howell
reminded Mr . Butts that even though the plans have been approved ,
they are still subject to certain things ; placement of garbage , etc .
Any changes from what was originally proposed must be approved by the
City Commission .
The next order of business was a request from Marie Rooks of 355
Tenth Street to care for small children in her home between the hours
of $ : 00 A . M , until 5 : 00 P . M . Mrs . Rooks presented the City Commiss -
ion a petition signed by the citizens in her neighborhood stating
they had no objections . Mayor Howell stated that under the ordi-
nance of Residence A zoning you are allowed to conduct this type of
operation provided you have the approval of the City Commission .
Commissioner Rosborough moved , seconded by Commissioner Minton and
rm., carried that the City Commission approve Mrs . Marie Rooks request to
. keep children in her home during the hours of 0 : 00 A . M . to 5 : 00 P . M .
subject to approval of the Board of Health and the other necessary
boards with a maximum limit of five children .
Mr . Vogel presented to the City Commission an invoice from Jax
Utilities Construction Company and requested Commission approval
for payment . This was an emergency repair that could not wait until
the next Commission Meeting . After discussion , it was moved by
Commissioner Minton , seconded by Commissioner Fogg and carried that
the invoice in the amount of $ 1 , 285 . 13 to Jax Utilities Construction
Company , Inc . be approved for payment from Account No . 801 .
Mr . Vogel stated that a couple of years ago we installed concrete
tennis courts and since that time we have learned that concrete is
not the best thing to build tennis courts . The City has an estimate
of approximately $ 1 , 125 . 00 to put a new surface on the last tennis
court constructed . After discussion , it was moved by Commissioner
Minton , seconded by Commissioner Speed and carried to re - surface the
tennis court at Jack Russell Park ; the money to be used from Account
No . 9-1012 . Mayor Howell instructed Mr . Vogel and Mr . Hilliard to
look into the possibilities of constructing more tennis courts east
dors of the present courts and bring this information back to the City
Commission .
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rafts.
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION
HELD AT THE CITY HALL ON MONDAY , JULY 9 . 1973 , AT 8 : 00 P . M .
PRESENT : William S . Howell , Mayor-Commissioner
R . R . Rosborough , II
L . W . Minton , Jr .
F . W . Fogg
D . W . Speed , Commissioners
AND R . C . Vogel , City Manager
Oliver C . Ball , City Attorney
Gloria June Knight , City Clerk
The meeting was called to order by Mayor-Commissioner , Mr . Howell .
The invocation was given by Commissioner Minton , followed by the
pledge to the flag .
The minutes of the meeting of June 25 , 1973 , were approved as written
upon a motion of Commissioner Minton , seconded by Commissioner Fogg
and carried .
Mayor Howell recognized visitors and called for any business from the
floor not on the agenda .
At this time , Mayor Howell recognized Mr . George Bull , Jr . , who was
representing his father , Mr . George Bull , Sr . , in regard to the
seventy-three ( 73 ) acres which the Bull ' s applied for P . U . D . zoning
at the old Bull Airport . He stated that the trustees for the
Internal Improvement Fund are allowing them to do the dragging and
that all the various agencies have given their permission . Mr .. Bull
asked if the City Commission had come to any decision regarding the
swapping of land. In the Bull ' s original proposal , Mr . Bull stated
they plan to give 4 . 78 acres , located next to the Sewer Plant , to
the City of Atlantic Beach in exchange for 1 . 33 acres now owned by
the City for the purpose of changing the City Yard site .
Mayor Howell stated that the City of Atlantic Beach has received an
appraisal but that some information was lacking when the original
appraisal was made . The appraisal was based strictly on the propo-
siticn that the property was zoned for apartments , with 20 units to
the acrd . However , under P . U . D . , and the plans the Bull ' s submitted ,
the density is much lower . This probably will change the value of
the land and the City Commission is waiting for a new appraisal .
EXHIBIT "5"
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tam MINUTES
JULY 9 . 1973
PAGE TWO
The next item on the agenda was a letter from Art Reinertson Con -
struction Corrpany , Inc . , stating they will extend their bid of June
11 # 1973 , on the water and sewer extensions , Belvedere Street South
of David , Saltair Subdivision . for a period of fifteen days . Mayor
Howell stated that he did not think this model any particular
action at this time and asked the City Commission to pass over this
item . There were no objections .
Mr . Howard D . Hahn requested re-zoning off the corner of Main Street
and Levy Road on Main Street to the North of Levy Road approximately
600 feet on the East side of Main Street . After discussion , Ccm
missioner Speed moved , seconded by Commission Rosborcugh and carried
that the City Commission turn down this request and that it be placed
under P . U . D .
Mayor Howell read in full Resolution No . 2 -73 -18 , covering assess -
ments for sewer and water .
Total Cost of Sewer Line $ 11 , 376 . 00
fas, Cost Per Lot 711 . 00
Cost Per Foot 14 . 22
Total Cost of the Water Line 2 , 136 . 00
Cost Per Lot 133 . 50
Cost Per Foot 2 . 67
Mayer Hcwell opened the meeting for a Public Hearing and asked if
anyone in the audience wanted to speak for or against Resolution
2 -73 - 18 .
Mr . George Bull . Jr . stated that he did not wish to speak against
the assessments , but requested that he be given credit for the
laterals which he does not need as he plans to petition the City
Commission to have his property re-plated back to acreage . Mr . Jack
Bennett spoke in favor of the Resolution No . 2 -73 -18 . There being
no further discussion , Mayor Howell declared the Public Hearing
closed .
It was moved by Commissioner Rosborough , seconded by Commissioner
Minton and carried that the assessments be properly placed against
the property , with the exception of the Bull owned lots where they
will only be charged for the truck lines . Copy of Resolution No .
2 -73 -18 is attached hereto and made a part hereof .
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MINUTES
tts. JULY 9, 1973
PAGE THREE
Mayor Howell stated that at this time the next order of business
would be to award the bid to Art Reinertson Construction Co . , Inc .
as the only bidder on the project .
It was moved by Commissioner Speed , seconded by Commissioner Minton
and carried that the bid for sewer and water extension a Belvedere ,
Saltair Subdivision , be awarded to Art Reinertson Construction Co . ,
Inc . , in the amount of $ 12 , 383 . 00 .
Mr . Vogel stated that Mr . Butts has presented his plans for final
approval under P . U . D . for condominiums to be built eaab of The Place
By The Sea , Hotel Reservation . The plans do not deviate from the
original proposal presented to the City Commission . After . dis -
cussion , Commissioner Minton moved , seconded by Commissioner Ros -
borough and carried that the final plans be accepted for the con-
dominiums to be built east of The Place by The Sea , Hotel Reservation .
The City Manager asked the City Commissions concurrence that Mr .
Walter J . Parks , Engineer , represent the City for the engineering ,
(a.‘ inspection and proposed sewer service force main and eight ( 8 ) inch
water line to be extended north to the site of Ocean Village One ,
North Atlantic Beach . Ho also suggested the feasibility of in-
stalling a measuring unit that will record the effluence being re-
turned to the City . It was moved by Commissioner Speed , seconded
by Commissioner Fogg and carried that the City Manager instruct
Mr . Parks to inspect the measuring unit and furnish data for re -
quirements that any assurance of the integrity of effluence will not
be violated .
Mayor Howell read by title only an ordinance for the adoption of the
voter registration rolls prepared and maintained by the Consolidated
City of Jacksonville Supervisor of Elections as pertaining to the
qualified electors residing with the City of Atlantic Beach . After
a lengthly discussion , Commissioner Minton moved that said ordinance
be passed on first reading by title only , seconded by Commissioner
Speed and carried . ( Copy of ordinance was presented to the City
Commission in writing in full) . Public Hearing will beheld July 23 ,
( 1973 , at 8 : 00 PM . City Hall , Atlantic Beach .
There being no further business May o * 1 • , a ed the ' g
adjourned .
ATTEST : 7.rla���%1.� ' ,
rea
dyeEpzeez.... aneicatelta.
Wi xam + • 6t , Mayor
•
Gloria June Knight , City Clerk
( Seal )
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RESOLUTION NO . 2 - 73 - 18
L.
riaN WHEREAS , in the opinion of the City Commission of the City
of Atlantic Beach , State of Florida , a necessity exists re -
q uiting the installation of water and sewer lines as here -
inafter specified and installing lateral collection lines on
and along the same , and
WHEREAS , in the opinion of the City Commission of the said
City , the property and real estate abutting and adjacent to
t he street hereinafter mentioned and described will be especially
benefited thereby , and the owners of the property abutting
and adjacent there to will be fully compensated for the cost
o f said improvements in the enhancement of the values of the
✓ eal estate and the property affected by said improvements ,
and the cost to said property owners in the opinion of the
City Commission of said city will be equitable and just in
proportion to said increased values ,
THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE SAID
CITY THAT improvement shall consist of and include the area
known as Saltair Subdivision and be located on Belvedere Street
in the 500 feet South of David Street as detailed by vicinity
map dated May 30 , 1973 as prepared by Walter J . Parks , Jr . ,
indicating sewer and water line extensions to serve property
on the East and West side of the right of way of Belvedere
w ithin the above mentioned 500 feet .
B E IT FURTHER RESOLVED THAT it is the opinion of said Commission
t hat the cost of installation of water and sewer lines , laterals ,
manholes , valves , and fittings on said improvement will be just
t o the property owners thereon and is warranted under a necessity
which exists for said improvement , and that the cost of said
improvement shall be paid as follows to wit ;
1 . Cash within ninety ( 90 ) days without interest . or ,
2 . one - third of the total assessment to be paid without
interest within a period of ninety ( 90 ) days after
completion of the work . One - third to be paid at the
end of one year after completion of the work , together
with interest at the rate of six ( 6 ) percent per
annum . One - third to be paid at the end of two years
after completion of the work , together with interest
at the rate of six ( 6 ) percent per annum .
B E IT FURTHER RESOLVED THAT the plan adopted by the city Commission
o f said City to be used for deferring the cost of said improve -
ments as applied to the property owners whose property adjoines
said street and said improvements shall be according to the
front foot plan and rule , provided that if the application of
t his rule in the opinion of the City Commission of said City ,
r'-- be unjust or unequal , or the result in individual cases in
V
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assessment in excess of specific benefits received from such
improvements , then the City Commission shall adopt such rule
of apportionment as shall effect a substantial equality between
said owners , considering the benefits received by and burdens
imposed on said owners and their respective property .
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH , STATE OF FLORIDA , THAT the City Manager be
instructed to furnish the City Commission an estimate in
writing of the cost to the City and to each property owner
whose property adjoines said street and said improvements .
PASSED BY THE CITY COMMISSION ON : June 251 1973
ATTEST (
e•
Gloria C4M Knigh , ity Clerk
( SEAL ) -
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. RESOLUTION NO . 1 - 73 - 18
,� WHEREAS , in the opinion of the City Commission of the City
of Atlantic Beach , State of Florida , a necessity exists re -
quiring the installation of water and sewer lines as here -
inafter specified and installing lateral collection lines on
and along the same , and
WHEREAS , in the opinion of the city Commission of the said
City , the property and real estate abutting and adjacent to
the street hereinafter mentioned and described wi ,llt b'e 'especially
benefited thereby , and the owners of the property abutting
and adjacent there to will be fully compensated for the cost
o f said improvements in the enhancement of the values of the
✓ eal estate and the property affected by said improvements ,
and the cost to said property owners in the opinion of the
City Commission of said City will be equitable and just in
proportion to said increased values ,
THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE SAID
CITY THAT improvement shall consist of and include the area
known as Saltair Subdivision and be located on Belvedere Street
in the 500 feet South of David Street as detailed by vicinity
map dated May 30 , 1973 as prepared by Walter J . Parks , Jr . ,
indicating sewer and water line extensions to serve property
o n the East and West side of the right of way of Belvedere
w ithin the above mentioned 500 feet .
1r BE IT FURTHER RESOLVED THAT it is the opinion of said Commission
that the cost of installation of water and sewer lines , laterals ,.
manholes , valves , and fittings on said improvement will be just
to the property owners thereon and is warranted under a necessity
which exists for said improvement , and that the cost of said
improvement shall be paid as follows to wit ;
1 . Cash within ninety ( 90 ) days without interest or ,
2 . One - third of the total assessment to be paid without
interest within a period of ninety ( 90 ) days after
completion of the work . One - third to be paid at the
e nd of one year after completion of the work , together
w ith interest at the rate of six ( 6 ) percent per
annum . One - third to be paid at the end of two years
after completion of the work , together with interest
at the rate of six ( 6 ) percent per annum ,
BE IT FURTHER RESOLVED THAT the plan adopted by the City Commission
of said City to be used for deferring the cost of said improve -
ments as applied to the property owners whose property adjoines
said street and said improvements shall be according to the
front foot plan and rule , provided that if the application of
this rule in the opinion of the City Commission of said City ,
be unjust or unequal , or the result in individual cases in
1
1
1
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rds `1 assessment in excess of specific benefits received from such
improvements , then the City commission shall adopt such rule
of apportionment as shall effect a substantial equality between
said owners , considering the benefits received by and burdens
imposed on said owners and their respective property .
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH , STATE OF FLORIDA , THAT the City Manager be
instructed to furnish the City Commission an estimate in
writing of the cost to the City and to each property owner
whose property adjoines said street and said improvements .
' PASSED BY THE CITY COMMISSION ON June 25 , 1973
0 ATTEST '
,
Gloria une Knight , City Clerk
( SEAL )
f
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CITY or ATLANTIC BEACH , FLORIDA
r,
AGENDA
November 25 , 1974
1 . Call to Order
2 . Invocation
3 . Approval of the Minutes of November 11 , 1974
Approval of the Minutes to November 10 , 1974 Special Meeting
4 . Recognition of Visitors
5 . Correspondence
6 . Commission Consideration
A . Ordinance 4110 - 74 - 10 - Regulation of Beverage Hours
Second Reading
B . Cloister Condominiums • Detail plan for wall
C . Award of bid for Garbage truck - Commissioner Rosborough
7 . City Clerk
0 . Chief of Police
9 . Director of Public Works
10 . City Manager
11 . Commissioners
12 , Mayor
13 . Adjourn
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EXHIBIT "6"
0
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0 MINUTES OF THE REGULAR MEETING 'OF THE ATLANTIC BEACH CITY COMMISSION
emN
HELD AT THE CITY HALL ON MONDAY , NOVEMBER 25 , 1974 , AT 8 : 00 P . M .
r PRESENT : L . W . Minton , Mayor-Pro Tem
0 Robert R . Rosborough , II
I' F . W . Fogg
Robert B . Cook , Sr . , Commissioners
AND R . C . Vogel , City Manager
Oliver C . Ball , City Attorney
Gloria June Knight ,. City Clerk
l ABSENT : William S . Howell , Mayor-Commissioner a City Business
The meeting was called to order by Mayor Pro Tem , Mr . Minton . The
invocation was given by Commissioner Rosborough , followed by the
I pledge to the flag .
I The minutes of the meeting of November 11 , 1974 were approved as
written upon a motion by Commissioner Rosborough , seconded by
Commissioner Cook and carried .
I
The minutes of the special meeting of November 18 , 1974 were
approved as written upon a motion by Commissioner Fogg , seconded
by Commissioner Rosborough and carried .
Ordinance No . 10 -74-10 Regulating of Beverage Hours - Second Reading
1 Mayor Pro Tem Minton read Ordinance No . 10-74-10 regulating the
hours for the sale of alcoholic beverages in the City of Atlantic
Beach on second reading by title only . Said ordinance was pre -
sented in full and in writing . Commissioner Fogg moved that
Ordinance No . 10-74 -10 be approved on second reading by title only ,
seconded by Commissioner Rosborough and . carried . Public Hearing
to be held December 9 , 1974 .
Cloister Condominiums - Detail Plan for wall
Mr . Elliot W . Butts , Jr . , developer of the Cloister Condominiums , •
presented to the City Commission a detail drawing of a wall he
plans to erect from the corner of the building to the bulkhead .
Mr . Vogel stated that the Cloister Condominiums are a Planned Unit
Development and the detail plans for the wall must be approved by
the City Commission . It was moved by Commissioner Rosborough ,
seconded by Commissioner Fogg and carried that the detail plans
for the wall at the Cloister be . approved .
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1 on °minium Atlantic Beach, Florida 32233 •
November 6 , 19$6
Mr . Richard Fellows
City Manager
Atlantic Beach City Hall
716 Ocean Blvd .
Atlantic Bch , FL . 32233
Dear Mr . Fellows ,
The members of the board of directors of the Cloister
Condominium are wanting to change the entrance to the
complex from 10th street to Club Dr .
This was suggested to us for security purposes by the
Atlantic Beach Police officers who helped us with
security throughout the summer .
We feel that changing the entrance would also im-
prove the aesthetics of the entire complex . We are
planning to begin major improvements in landscaping
and would like to include the entrance change into
them .
Please let us know what is necessary for this change
to take place .
Sincerely,
int/Cr/ha `At 4"7----
Marsha H . Dorsey
Treasurer
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EXHIBIT "7"
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To : File .
FROM: Larry Richter
DATE : March 10 , 1988
RE : Meeting with Chief of Police , Atlantic Beach ,
Opening of South Entrance , Cloister Condominium
March 10 , 1988 , 8 : 30 a .m. - Met with Chief David Thompson of the
Atlantic Beach Police Department . Explained issue - Board is
looking into relocating condo entrance to south end of property -
asked for his opinions
Chief Thompson ' s reply :
(a ) There is a major parking problem over the entire
beaches area and problem won ' t go away by changing the
entrance .
(b) The driving pattern in the area is as follows :
Autos drive north on Beach looking for parking spaces ,
then east on 7th (the Chateau parking lot was there) ,
then north on Ocean to Club and back to Beach on Club -•
north on Beach to Tenth - East on Tenth to Ocean , and
then south on Ocean .
( c) One of the problem streets is Ocean - the police are
constantly having cars towed away that are illegally
parked .
(d) When Chief Thompson is confronted with that kind of
issue , he said he first determines what the positive
aspects of the decision are - in this case , he does not
see any positives .
( 1 ) The parking problem will not be solved by moving
the entrance .
(2 ) It will increase the traffic flow into a
residential neighborhood which will irritate
residents who are also neighbors .
( 3 ) The Tenth Street entrance is already there and the
residents are accustomed to the traffic , and it is
• already a condo area .
( e) He will have his traffic control lieutenant call me to •
EXHIBIT "8"
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' TO : Pile '
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PROM : Larry Richter
i
DATE : March 10 , 1966 ;
RE : Cloister Condominium
Doug ' s Towing Service , Atlantic Beach •
Mr. & Mrs . James Johnson , Owner -
Officer Randy Beaty, Atlantic Beach Police Dept .
March 10 ,. . 198e - Went to Doug ' s Towing Service . net with James
Johnson , Owner ; Mrs . Johnson, who is the dispatcher ; and Officer
Randy Beaty , Who works there part time (he is a full-time
Atlantic Beach police officer) .
When told of the problem , they laughed . They said the entire
beach area is a problem - people will park anywhere they can find
a space - legally or otherwise , including private driveways,
apartment complexes and condominium parking lots .
Ocean Avenue is a big problem - cars are towed all the time .
The Cloister , in their opinion , has fewer problems than other
condos at the beach . They believe moving the entrance would be a
disaster and create additional problems , such as break-ins ,
assaults , etc . Only way to solve problem is with police officer
- private guards don ' t have police authority and run into
problems with enforcement ,
They regularly tow from other condos located even further from
' the beach , even from areas you wouldn ' t believe you could get a
car into .
• The beach is a major draw , just like the gator bowl or any other
major public event . There aren ' t enough parking spaces near the
beach and people park anywhere they can . Also , out of town
visitors don ' t realize they will be towed or don ' t believe it .
( Therefore , signs don ' t help that much .
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McDANIEL & ASSOCIATES, INC.
To Whom It May Concerns
Please accept this letter as my personal opinion as a REALTOR-ASSOCIATE
and as a resident of Atlantic Beach for B years regarding the proposed
!meth end entrance to the Cloisters . •
The summer that I lived in Atlantic Beach , more than walking distance
from the beach , I would purposely look for parking spaces nn more private
streets simply because "everyone parks on the main streets " and because
the private streets , I thought , wouldn ' t be patrolled .
When I resided close to the ocean , I Saw first hand that people will park
just about anywhere they think they can get away with it , even in private
driveways which are clearly marked , which is the problem I have now ,
It is my opinion that changing the entrance will have no effect on people
illegally parking to get to the beach in the summer.
The "alley- like" entrance could be a safety problem as well . The private
street is narrow and if tors were parked along one side , there could be
traffic problems with two cars trying to enter and exit at once . Older
people whose eyesight isn ' t perfect and young people newly licensed whose
distance perception hasn ' t had enough experience may cause damage to
automobiles by sideswiping and not properly negotiating the sharp turns,
especially with larger automobiles or vans .
I personally had a customer very interested in the Cloisters and very
informed, who found out about the proposed change in entrance location .
He was very concerned when looking at a unit on the south end . I feel
it could decrease the marketability of the units on the south end of the
condominiums and possibly the entire Cloisters . This client ended up
Closer to the north end without any problem at all with the current
•
entrance .
In my opinion , the problem could best be solved by a very strict and
visible warning sign at the entrance and very small , inconspicuous decals
on the cars of the residents with visitor cards on dashboards inside
locked cars . An officer , a maintenance person or a fellow resident could
easily spot violators and report them .
This would save money and help the property values remain consistent in
all units .
Thank you for your time .
' Sincerely , J
:lea Al 4. (r, F.K .. C.L. to LA Km:
Marilyn Pierce Elia REALTOR- ASSOCIATE
302 N. THIRD STREET • SUITE 2 • NEPTUNE BEACH, FL 32233 • 904249-3707
t
EXHIBIT "9"
KRJ ARCWIECIS INC,
25 March 1988
1
1 Mr . Larry Richter
1 c/o Corbel & Co .
1 6620 Southpoint Drive , South
Jacksonville , Florida 32216
.1 Dear Larry :
•
On Monday 14 March 1988 , I had the opportunity to visit
the Cloister Condominium at Atlantic Beach, Florida in order to
consider the implications of the construction of a proposed new
vehicular entrance at the south end of the existing parking
I
area . The present entrance is at the north end of the parking
area , which is oriented north-south , e . g . , parallel to the
condominium building, which itself is parallel to the
beachfront .
i The present parking arrangement consists of row of
perpendicular (esst-west, parking near the condominium
E building, a narrow drive, a second row in the center of the
parking area , another narrow drive , then a row of garages
facing east. Midway in the north-south orientation of the
garages is a small swimming pool , reached by crossing both
drives .
E
permit easy present ,
vehicular entrance
ra cessto sufficiently l
he parkingareaIiopens off
a narrow , dead-end street which serves as public access to the
beach . For those who may mistakenly enter the parking area ,
there appears to be adequate room at the entrance to turn
i
around and depart with minimal impact upon normal traffic .
1 It should be noted that those "going to the beach,' in
vehicles , almost without exception, are headed north as they •
i try to find a parking space . The present design places the
I entrance to the parking area in the " lee" of traffic flow . In
my opinion , this is the optimum location , for it represents a
natural tendency to minimize casual entry. The north entrance
virtually is unnoticed by the beach-bound drive .
1
• In my view, contemplated construction of a new primary
access at the south end of the parking area and the closing of
S
510 Julla Street JacksonvIDe. Florida 32202 9043569491
1
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EXHIBIT "10"
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Mr . Larry Richter .
25 March /988
Page 2 of 3
the present north access is fraught with potential problems .
Primarily , uncontrolled access at the south end of the
parking area would serve as an inviting opportunity for
northbound drivers , merely to continue north by driving into
and through the parking area . It seems as though it would be
almost the "natural " thing to do .
If the driver discovers his mistake , it would appear
that the normal place to turn around to leave would be at the
swimming pool crossover . Obviously , an increase in traffic at
such a sensitive spot would be likely to increase potential
accidents . Furthermore , the retreating driver headed south
along the garages is faced with making a sharp left turn , and
then , almost immediately , making a "blind" and necessarily wide
right turn in order to be in the southbound exit lane at the
narrow south entrance ,
1 It should be noted that the fence on the west side of
the narrow, south "entry" drive has the effect of forcing the
southbound autos to the left , or easterly , in direction . It is
j a natural tendency to ovoid driving close to any vertical
obstruction near the roadway .
f
Even with a guard on duty on weekends when the
potential for greater traffic is obvious , it would appear that
the most sensible way to exit would be the usual path of
driving north to the pool crossover , turning west , then south
and proceeding as previously mentioned with all its
j
aforementioned hazards .
Quite likely , one of the greatest hazards , and a very
real one at that, presented by the proposed new south entrance
scheme is that presented at night . The existing , and new ,
southbound drive is situated in a manner that almost directly
( aligns it with the northbound lane in Beach Avenue . This would
present a most confusing sight to the . northbound driver ,
inasmuch as it would appear that the southbound vehicle exiting
the parking area would be in the northbound lane and appear to
be going the "wrong way" on a one way street . This is a truly
serious matter and one likely to cause accidents .
Aesthetics no doubt is a likely issue . Without
spending inordinate amounts of money , there is not a great deal
which can be done with parking a large number of care , whether
• the entrance be north or south .
Enlargement of the south entrance would eliminate what •
l little grass there is to the west of the present entrance .
Maximizing the width would leave virtually no room for •
lit) ARCHITECTS INC. 510 Julio Street Jacksonville, Florida 32202 904 356.9491 •
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Mr . Larry Richter
25 March 1998
Page 3 of 3
substantial -appearing entrance pedestals . The design of the
100 toot or no west wall would have to be imaginative indeed ,
and expensive , to overcome the psychologically overbearing
presence of the wall itself .
Any number of other issues spring to mind which cast
genuine doubt as to the wisdom of construction of the proposed
new south •ntrancq and closing the present north entrance . it
span fruitless to labor the point . There seems to me to be an •
al • - st total lack of positive argument for the proposed new
al me . As
c
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Donald E . Thom/ , AIa
k
KBJ ARCHITECTS INC. 510 Julio Street Jacksonville, Honda 32202 904 356.949f
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April 2 , 1988
DEAR MR . RICHTER,
AS YOU REQUESTED, I HAD NY TRAFFIC UNIT LOOK AT THE PRESENT ENTR-
ANCE TO THE CLOISTERS CONDOMINIUMS AND THE SUGGESTED ENTRANCE ON THE
SOUTH END.
IN ANSWERING SOME OF YOUR CONCERNS , WE FEEL THAT A HOVE TO OPEN
THE PROPOSED SOUTH ENTRANCE WOULD CREATE MORE TRAFFIC FOR THE COMPLEX
THAN AT THE EXISTING ENTRANCE .
AS I AM SURE YOU ARE AWARE , TRAFFIC TRAVELS NORTH ON BEACH AVE .
ONE WAY . ANYONE SEEKING A PARKING SPACE WOULD SEE THE ENTRANCE MORE
READILY THAN AT THE PRESENT GATE . VEHICLES TRAVELING ON TENTH STREET
{MOULD BE MORE LIKELY TO TURN NORTH ON BEACH AVE. DUE TO THE DEAD END
AT TENTH . TRAFFIC EXITING TO THE SOUTH WOULD RUN INTO SEVERAL PRO-
BLEMS . FIRST OF WHICH, EXITING. VEHICLES WOULD LIVE THE APPEARANCE
OF A VEHICLE TRAVELING IN 'ME WRONG DIRECTION. ALSO THERE ARE TWO
PRIVATE DRIVES LOCATED TO THE EAST OP THE EXIT . VISITORS OF THE
CLOISTERS , WOULD BE MORE LIKELY TO TRAVEL IN THE WRONG DIRECTION ON
REACH AVE .
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EXHIBIT " 11 "
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CITY OF
( xtic Weaek - ?loth&
_.. .. - rw.n r: I EI'AlcrMENI
n+IsI:%IINcnl:l;u•111
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._.... - V MEAN Er I ETE L F'IrI IlIIIIt : ; I I
Ira EI'dd IRF. �!4qi ! ;� U. k. •
APRIL 2 , 1988
AFTER A REVIEW OF ALL ACCIDENTS IN THE YEAR OF 1987 , WE COULD
•
LOCATE ONE RELATED ACCIDENT TO TOE CLOISTERS CONDOHIWTUMS . THAT
TOOK PLACE ON JULY 4 , 1987 .
IN OUR OPINION THERE ARE NO POSITIVES TO ?WRING A CHANCE TO THE
ENTRANCE .
i
IF I CAN BE HELPFUL IN ANY OTHER PROBLEMS , PLEASE FEEL FREE TO
CONTACT HE AT 249-5606 .
SINCERELY ,
fi 01., ..„„ II: (= tc..di ux{:
's
LT . JAMES M. CHRISTMAN
TRAFFIC UNIT SUPERVISOR
ATLANTIC BEACH POLICE DEPT . i
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! OF THE REGUTAR. MBETING OF THE ATLANTIC BEACH CITY COW' V V
MISSION BRED AT MT! HALL ai MONDAY, FEBRUARY 12 , 1990 , AT 7 : 15 BM O 0
T T
PRESENT : William I . Gulliford, Mayor E E
Robert B. Cook , Sr . D D
Glenn A. Edwards
Adelaide R. Tucker , and
John W. Weldon , Commissioners M S
O E
AND: Kim . D . Leinbach , City Manager T C
Alan C . Jensen , City Attorney I 0 Y
Maureen King , City Clerk NAME OF ON EN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford . The invocation ,
offered by Commissioner Cook , was followed by the pledge to the
flag .
1 . Approval of the minutes of the regular meeting of January 22 ,
1990 Coale x
Edwards x x
Motion: Approve minutes of the regular meeting of January 8 , nicker x
1990 - Weldon x it
Gulliford x
No discussion before the vote . The motion carried unanimously .
Items 5C and 7A were taken out of sequence and acted upon at this
• tame .
5C. Change Order for Section H culverts under driveways
Don Buckman , of Bessent , Hammack & Ruckman , said many of the
driveways were not paved or in some cases , even identifiable . The
plans provided for replacing all driveways which had culverts , which
he said would be in the neighborhood of 200 culverts . He said a
unit price of $11 . 00 per foot had been established and he
recommended -a cap of $ 50 , 000 for the replacement of all culverts . •
Authorization of this change order would provide for payment to the
contractor as the culverts were replaced and Mr . Buckman said the
contractor would provide a list of the culverts installed and the
length of each one before requesting payment .
Cook it X
Pbtio n: Approve Change order in an amount not to exceed Edwards x x
$50 , 000 for purpose of culvert installation in Tucker x
Section II Well n
Ail 1 iford x
No discussion before the vote . The motion carried unanimously .
7A. Discussion and related acHni to trees in Section H
Mr . Rudkman pointed out on a map the trees on Jasmine . Street south
of West Ninth Street which presented a problem for the contractor .
rHe said it mould be necessary to remove three or four trees and
pointed out the trees which could possibly be saved. However , he
said the area was heavily wooded and the removal of the trees would
not adversely affect the wooded character of the neighborhood.
EXHIBIT "12" •
PAGE TWO ' V V
MINUTES NAME OF
,. • MM
FEBRUARY 12 , 1990 CORS, M S Y N
Mr , Buckman explained if an additional ten feet of right-of-fl
could be acquired on Jasmine north of Ninth Street , the road could
be moved slightly enabling one large Use on Mr . • Williamns ' property
to be saved . The adjoining property owners had been notified of the
matter and were invited to attend ' the meeting and were given an
opportunity to express their wishes .
•
Mr . Charles Sharon , 820 West 14th • Street, inquired whether any
adjustment would be made in assessments to property awners in areas
where the trees had been removed and the unsuitable fill material
had made it impossible to pave the streets . The Mayor explained
that the engineers . were not aware of the existence of the fill
material until the work was under way . The City -Manager was asked
to place- the matter on the agenda for the next meeting . so it could
be discussed in depth.
Jane Scanlon,. 630 Jasmine Street asked for clarification as to what
areas of Jasmine Street would not be paved and Mt . Ruckman explained
Jasmine Street would be paved with the exception of the area south
of 14th Street to the cul-de-sac . Camelia Street would also be
unpaved south of 14th Street . Pam Lewis , 780 Jasmine Street , said
she favored removing the trees where necessary . so the paving could
be . completed.
Cook x x
-' . Nbti Anthwimemgneers to proceed in aCcordance with Edwards x
their recommendation to move the read if passible, Teackex x
and take out minimal inxmber of trees. and pave Jasmine Weldon .. x x
Street Gill -ford
No further discussion. The motion carried unanimously.
The Mayor suggested Mr . Williams and Mr . Hanna , property--owners , get
with Mr . Howell and Mr . Ruckman to work out the details and report
back at the next meeting. .
. Billy Howell , said the contractor needed to proceed with work as
soon as possible so they could move . the equipment to another job
and he asked that the City Commission authorize him ' and Mr . Blackman
to get with Mr . Williams and work out the details and proceed with
the work. •
Cook.x
Motion: Based on the preceding conversation, . authorize Mr. Edwards - x
Howell, Mr. Rudwan and the party cxmers to work - Tucker x it
•
out the details to tl' i_r . sati.Sfacta nn and proceed Weldon x x
I accordingly . . Watford x
No further discussion . The motion carried unanimously..
2 . 1 cx, sitionn of Visitors :
•
_ s . Charlotte Minter of Community Presbyterian Church, presented a
letter on behalf of the church Board of Trustees requesting
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PAGE THREE . V V
MINUTES NAME OF
I rte^- FEBRt>W i2 , 1990 • COMMRS. . M S Y N
permission to extend a 6-foot, wooden , privacy fence across .
approximately 50 feet of city-owned land at the . former right-of-way
•
of David Avenue so as to abut the 6=foot chain link fence
surrounding Atlantic Beach Elementary School .
th
�L, �+�yyyy. ok
Motion:
Lion: Authorize Cam ramitj Presbyterian Church to ins Edwards x x
fence as requested -subject to removal at the Tucker x x
discretion of the city , ' at the expense of the church tithion x
G i11i ford x
No discussion before the vote . The motion carried unanimously .
Ms . Della Koenig , 780 Redfin Drive , asked if a stop sign could be
` installed where Publix parking lot exits onto Royal Palm Drive . The •
City Manager was asked to check into this and report back. .
3 . Appearances :
A. Duval Qnutty Sdbool Board requesting approval to park a mobile
hone on. Atlantic Beach Elementary Schoolperty
Ms . Vicky Reynolds of Duval County. School Board , explained the
school board had initiated a program whereby , in return for
. providing security services for the school , a police officer was
allowed to live in a mobile hcane on= school property . The program
has been successful and Atlantic Beach Elementary School wishes
to have a police officer in residence on their property. Atlantic
Beach police officer Robert Harding has contracted with the school
board to provide this service for Atlantic Beach School and they
requested approval to place a mobile home on their grounds .
Clyde King , 270 Poinsettia Street , said he did not object to the
mobile home but felt a better location could have been selected.
terry Ow s , 198 Sylvan Drive, also had no objection to , the mobile
have but said the school - grounds have not - been as well maintained
recently as they should be Lynn Northup , President of the Parent
Teacher Association, said a letter had been sent home with students
and all responses were positive . Dorothy Kerberr 365 First Street ,
said an officer residing in the area would provide additional
security for neighboring residents as well- as the school , but agreed
some attention should be given to beautification . After further
discussion, Ms . Reynolds said the school board would provide privacy
fencing and beautification acceptable to the city .
Motion: Affrove res-icient -ai mobile home can Atlantic c Beach Cook x
Eiementary School grounds for security purposes , • Edwards x
• subject to landscaping and fencing by the school Tyr x x
board acceptable to the city - Weldon x x
Ckil.lifotd x
CComnissioner Weldon questioned whether the present location of the •
mobile home was the most desirable and Officer Harding said the
grounds had been inspected and that location selected by school
. -- -
PAGE FOUR V V
MINUTES NAME OF
e°"'` FEBRUARY 12 , 1990 GOMMRS. M S Y N
r. a
board personnel . Ns . Reynolds said this location was convenient for
connection to • water and sewer lines ; The question was called . and
. - the motion carried unarthously. .
B . Robert Hines regarding .Cloisters Co dcirmn;urn propose change of
access
Mr . Hines said he opposed the Cloisters ' proposal to change the
access to the condominium and Mayor Gulliford said the City .
Commission had not taken any - action on the matter when it came
before them in 1986 . The project had been built as a PUD in 1973
and in order for the City Commission to grant the request to change .
the accesses , it would be 'necessary to amend the POD by ordinance •
and the request to go through the COnmunity Development Board .
Roger Kjar, Property Manager for the Cloisters , said they had
experienced some vandalism and had same concerns about security and
Belt that closing off the Tenth. Street entrance and opening onto .
Club Drive instead would provide for .better safety and privacy for
the - residents . Butch 'lbney, 855 Club Drive , said the new entrance
would be only a few feet from his driveway and he felt the proposed
( change mould present a safety problem for his family . .
,,... Discussion ensued regarding whether the current zoning was PW or
RG3 , and this is to be researched- . before the next; meeta.ng when the
matter will again be placed on the agenda .
4 . Resolutions : .
I Resolution No . 90-3 : A RESOLUTION QF THE CITY OF ATLANTIC BEACH
I URGING PASSAGE OF AMENEMENTS TO SEC. 212 . 0305 , FIDRIDA =Rum ,, TD .
PROVIDE FOR. ADDITIONAL USES OF CONVENEECN LEVEE:DEMENT TAX, . (*BID]
I TAX" ) , AGREEING CN 12INGEIAGS OF PRbFO►SID AretiriENTS , PROVIDING .
EFFECTIVE DATE
Mayor Gulliford presented in full , in writing , Resolution No . 90-3 . Cask x a
• Edwards x x
1 .
Motion: Approve passage of Resolution No. 90-3 Tucker x
No discussion before the vote . The notion carried unanimously , G011i_ford x
1 S . New Business :
A. Public hearing to receive citizen -input regarding the proposal
for a new City Hall y
Tan McNett of Clements , Rumple Goodwin, Architects for the project ,
said bids had been received -and the lbw bid of$875 , 000 from Addax -
Construction included the complete project including the commission
chatters , covered walkways , etc . Mr . NCNett said he had reviewed
the bid and receded acceptance . He also recommended a meeting '
'with the contractor so any problems which had existed in the
construction of the Public Safety Building could be addressed before
the City Hall project was commenced . • •
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CIIT OF leMAII'IC BEAM •MVP IMRE .
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/ , CA Mt Action on a request Erma the Cloisters O ,, raft nium to
change the rain entrance to the complex frau Tenth Street
to Club Drive
8teu'i'fo BY: Maureen King, city Clerk
oast February 20, 1990
BACIOZIMIND: Daring discussions an this matter at the nesting of
February 12 , 1990, a question was raised regarding the pent zoning
classification of the Cloisters area. •-
Ater fully researching the zoning we report as follows: . .
•
Mardi 12, 1973: Application for construction of condominium as FUD
approved by the City Oamisa1ca
July 26, 1982 : Ordinance No. 90-92-74 adopting Bond Devekseent Plan
enacted - The land LbveloMnt Plan established the
zoning codes currently in effect. •
tee have conflicting maps with the notation "Adopted July 26, 1992." Pie
map shows tie area as RD while another wows AG3. It appears that the
thick broken line separating the PW and 1 G3 areas had been
fFf inadvertently omitted and we feel the wtrPrtt map is incorrect. The
f development was approved as a MD and although Ordinance No. 9042-74
Ms been mended fetrr three, none of these csaaraisents affected the .
zoning in the Cloisters area and no atpplication requesting a zoning
change fscaa PLD to A33 has been received. •
I have discussed this with the City Attorney and he, also, feels an
error could have been made. in the absence of any application for •
rezoning, it is his opinion the Cloisters should S treated as a PM. •
I
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EXHIBIT "13"
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. PAGE TER v v
MINUTES NAME OF
""•�. COMMRS. M S Y N
FEBRUARY 26 , 1990
D. Jahn Dickinson with report relative to notification of the '
Atlantic Beach •Firef ghters intent to. unicai;.ze .
Mr . Dickinson said he had received notification of .a request from
• the Jacksonville Beach Firefighters to voluntarily recognize their
organization as the exclusive collective bargaining representative
I for the Atlantic Beach Fire Department . He said their petition was
to represent the lieutenants as well as the firefighters . By
voluntarily recognizing their organization, the city would be
I assuming the organization represented: the majority of. the members of
the unit and that the unit is appropriate , i . e . , it would not
I include anyone who would have a supervisory conflict of interest •
I with the bargaining unit as a whole . He said it was the
recommendation of his firm that them. Commission decline to .
I voluntarily recognize this . organization , thereby allowing the city •
to challenge the aforementioned issues . . He said Chapter 447 of the
Florida Statutes indicated there needs . to be recognition of those in
I charge . and since the chief could not . be on duty 24-hours pet day ,
there was a real need to have someone in a supervisory capacity who 1
( would not be included in the bargaining ' unit . In the event the city .
( declined voluntary recognition of the - organization , it would still
give the labor organization the opportunity . to petition the
(' Ccaunission in Tallahassee and to conduct a secret ballot election ,
lut it would allow the unit to be : better defined to exclude the
lieutenants , - who , he felt, would have a supervisory conflict of
( interest with the rank and file . . Oaok X
FAwatds x
( Motion: &rept Mr, Dickinson' s ration and authorize ' TUrke:r X X
1Dickinson and Duval to represent the city in Wel&xi X X
this natter Wilford S
No discussion before the vote . The motion carried unanimously.
. 4 . Old Business:
A. . Acti+an on request fr+an the CIoistersCtedbminion to change the
main entrance to the =Vex frnm Tenth met to Club Drive
The City Clerk - said research of the records had shown that no formal :
I action had been taken by the city to rezone the area since the
Cloisters . was built as a PUD in 1973 and it appeared the current
zoning maps incorrectly identified the area as RG3 . Mayor . Gulliford
explained the procedure which would have to be followed to amend the
PUD and said the public would have- ,an opportunity to speak to the
matter when it camp before the Community Development Board and again
at the public hearing before the City Commission :
Jerry McCool , 10 Tenth Street , President of the Cloister candcaninium
Association Board of Directors , who was in attendance , declined to .
,^^•cake any comments on the matter until a later time .
B . Final approval - replat Block 2144 . Section. 11 .
Rene ' Angers reported Dan Mayti wished to replat his property into
. EXHIBIT "14"
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North Driveway
1 . 34 feet from building
2 . Wider driveway access to street
I 3 . Direct access to Seminole Road angling to Atlantic
Boulevard ,
4 . Requirement of sharp left (exit) or right (entry) turn
1 slows traffic making it safer than south proposal
5 . "See through" fence concept is safer which is not the
case for south entrance
6 . Project was architecturally designed and engineered for
I north entrance
J Proposed South Entrance
(' 1 . Approximately 12 feet from building (versus 34 ft)
2 . 16 ft. driveway with parking - too narrow for two-way
( I traffic - particularly at night or large vehicles
3 . Opens to two blind driveways/with straight shot out
4 . Summer parking on side streets make side streets too
( I narrow to handle high traffic volume
4 5 . High solid fence creates blind spot for garage area
( access and egress to exit .
I 6 . Long narrow funnel type roadway will create speed
I problem even with speed bump
( 7 . Drivers will exit into side street not accessible to
. Seminole Road for faster and shorter access to Atlantic
Boulevard
S . Post must be eliminated at south end - moving fence is `
l I expensive and wont work without moving cement post . '
9 . Drivers do not drive as closely to a wall as they do to
! a curb with a wall - especially at night
:to . Three driveways converging (two of which are blind ) •
i : will require blowing horn when exiting Cloister and
I Tony residence
1 11 . Aesthetically , entering through an alley-way type
entrance will detract from clean entry and lower value
' of all units
12 . Visitors will tend to drive straight out - the wrong
way on a one-way street - putting up signs - no room
I and/or unsightly on Cloister property
- One minor incidence (bicycle) in 12 years of north
1 access use . -
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- No evidence that trespassing will decrease - in fact ,
7 most pool trespassers jump south fence - indicating
1 that parking lot and pool are well known to community . .
1
! - Increasing traffic at south end will lower unit values
I
at south end and increase them at north end with no
proven or anticipated safety or convenience factor .
•
- Owners purchased units knowing existing conditions and `
. ,
EXHIBIT "15"
1
further investigate . •
Chief Thompson noted that putting a security gate up will slow
•
emergency r'epponse to the Cloister by one or more minutes and
should be carefully thought out before installing a security
gate, particularly for fire and rescue where time is most
critical . 1 told him about the card system and he would like to •
be consulted before we go forward . Re thought cards were better
than keys , but would like more information .
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TO. WHOM 1T MAY - CmJCE N
Notice: is her-4by given td all pro perty ainrrners:ilvithin the area of
. 0
gyp+ - .
The -CIos er :Condominiums.
i U;mrs .-
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1 A public haring regarding t;he follow rig item "will be .held by the
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l -ATLANTIC BEACH COfvlM..UNltY ,DEVELQPMENT BOARD .
in ' COMM lssion. Chambeala.. red: at -BOO. Seminole Road On
I TIIIEStiJ4t February. 17,_2015 at 6 OdPM..
I Att CIuiste.r condonmtniums Opening::af.South Gate Discussion .
1 • t7eprese natives of-:the motel- -Condominfri s: trove .gppfoaChed. the city with a : rogue-t to. utilize the .
I gate located Oh the `south side of their property-qt the intersection of Beach Avenue aril dub "Drive for
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possible cootileons;. The discussion Will' be open to the publlt and Will allow for public: comment. The
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EXHIBIT "16"
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MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
February 17, 2015
1. CALL TO ORDER AND ROLL CALL.
The meeting was called to order at 6 :04 pm . Chair Brea Paul asked that
public comment be limited to 5 minutes each since there were a large
number of public comment cards submitted . Mrs . Paul verified that all
board members are present, with the exception of Sylvia Simmons. Also
present was Building and Zoning Director, Jeremy Hubsch; Zoning
Technician, Derek Reeves, and representing the firm Kopelousos, Bradley
& Garrison, P.A. was Mrs . Darcy Galnor.
2 . APPROVAL OF MINUTES.
A. Minutes of January 20, 2015
Mr. Elmore motioned to approve the minutes of the January 20th meeting.
Mr. Stratton seconded the motion . The motion carried unanimously.
3 . OLD BUSINESS.
None.
4. NEW BUSINESS.
None .
5. REPORTS.
A. Cloister Condominiums Opening of South Gate
Staff Report
Mr. Hubsch introduced the item and stated the City Commission is
seeking a recommendation on this item from the Community
Development Board. He stated that this item is specifically about whether
or not the Cloister Condominiums should be allowed to open a gate at
Page 1of10
EXHIBIT "17"
I
the south end of the property and utilize for egress of vehicular traffic. A
brief history of the property was given including Commission minutes
i that approved the development with acknowledgment that the south
gate would be closed and only used for emergency services and that any
changes would have to be approved by the Commission .
I
An aerial of the property was presented and the proposed traffic pattern
I
was demonstrated as compared to the current traffic pattern . There are
I some concerns that those leaving the Cloisters might go the wrong way
down Beach Avenue and that a "DO NOT ENTER" sign may be necessary.
The Cloisters have offered to put in signage including "RIGHT TURN ONLY"
signs. The possibility of making Club Drive a one way street has also been
discussed and may be something to consider. Regardless of conditions,
I traffic would be reduced on 10th Street but increased on Club Drive.
Chief Deal wrote a memo regarding this item that is included in the
agenda packet. He stated that he did not see a public safety issue with
the current traffic pattern or the proposed traffic pattern . He did offer the
possible option to allow for vehicles to exit through both gates.
i The Public Works Director has also reviewed the proposed plan and does
not think the proposed plan would be a problem .
Applicant Comment •
Alen Gleit of the 10 10th Street Unit 32, Atlantic Beach , FL 32233 stated
that the residents of the Cloisters have discussed this issue for many years
and that recently they voted to open the south gate and spend the
money necessary to automate the gate. He stated that they are aware of
f potential safety issues by placing more traffic on Club Drive but that
safety issues on 10th Street are so severe that utilizing Club Drive for
exiting the property makes more sense.
Public Comment
Mrs. Paul opened the floor to public comment.
T.J . Street of 848 Ocean Blvd, Atlantic Beach, FL 32233 stated that the
impacts on the small portion of Plaza between Ocean Blvd and East Coast
Drive would be immense because of its narrowness. He also referenced
current and former Police Chiefs' comments about a lack of positives and
hoped that the board recommends denial .
David Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated history has
shown this gate should be closed and why challenge that especially when
considering the street widths and lack of pedestrian paths along effected
streets and also hopes the board recommends denial .
Page 2 of 10
Linda Torres Reed of 812 Ocean Blvd, Atlantic Beach, FL 32233 stated Club
Drive does not have a sidewalk that 10th Street does have so the
pedestrian danger would be increased and felt the opening of the gate
should be denied .
I
David Shields of 130 Club Drive, Atlantic Beach, FL 32233 stated that he
doesn't understand the logic of going against history and moving one .
perceived problem to another . area and hopes the board recommends
denial .
Robert Hines of 880 Beach Ave, Atlantic Beach, FL 32233 stated he bought
I his house because he knew the gate couldn't be opened without
Commission approval and though hoping for recommended denial asked,
that if this were approved, where would the needed signage be placed .
I Lulee Rady of 150 Club Drive, Atlantic Beach, FL 32233 stated that she has
seen when the gate was open and that the traffic on Club Drive was bad
then and would only be worse today and asked that the board
recommend denial .
Ellis T. " E.T." Fernandez of 890 Beach Ave, Atlantic Beach, FL 32233 stated
that he would like to see a traffic study regarding this issue and also has
concerns for pedestrians and would like to see this item denied .
Meade Copland of 10 10th Street, Atlantic Beach, FL 32233 stated that she
is on the board of the Cloisters described the issues at 10th Street and
asked that we all be good neighbors and consider providing some relief
from the issues at 10th Street by recommending approval .
Harry Ulrich of 151 Club Drive, Atlantic Beach, FL 32233 stated he
believed that the staff report and Chief Deal's memo were incomplete
and that the Board has provisions to help make a decision which should
be to recommend denial .
Brian Hughes of 171 Club Drive, Atlantic Beach, FL 32233 stated that he
views this would have an impact on a greater number of properties and
that a traffic study would be helpful and can see some potential options
but thinks the proposed plans should be denied .
Butch Toney of 895 Beach Ave, Atlantic Beach, FL 32233 presented a
photo from 1990 of the front of his property that included the south gate
of the Cloisters and stated that his driveway presents a major issue
because it is blind to the gate of the Cloisters and hopes this is denied .
With no additional speakers, public comment was closed by Mrs. Paul .
Page 3of10
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Board Discussion
Mr. Hansen declared that he has ex-parte communications with Mr. Toney
1 and Mr. Ulrich related to this project .
I Mrs. Lanier asked about the conditions of the north gate and if it was
possible to rework that area for better access . Mr. Hubsch showed that it
I
was a sliding gate about 16 feet long and that parking and structures limit
i abilities to redesign the gate .
i Mr. Hansen pointed to lack of decisiveness from the current and former
Police Chiefs so when looking at the issue independently he sees that
I there could be problems with accessing Club Drive because of
II northbound Beach Avenue and the blind driveways . He also looked to
history and doesn't see what has changed to justify the change.
I
I Mr. Parkes stated that he thinks the issue is at 10th Street and that the
Cloisters should do something to address that and not look to make Club
0 Drive and Plaza worse.
Mr. Elmore stated that having egress from both sides would be beneficial
because traffic would go the way that is easiest and that those heading
I south would use the south and those heading west would use the north .
He also agrees that there is an issue at 10th Street that needs to be
resolved . He added that multiple access points is a good design and that a
study would be helpful .
Mr. Hansen again pointed to history and the unknown reason as to why
the south gate was closed but felt there must have been a good reason .
Mr. Parkes stated that Atlantic Beach was a very different place in 1973
and what was then may not be now. Mr. Parkes then stated that having
multiple exits makes sense but doesn't think the burden should be put on .
Club Drive and the surrounding neighborhood .
Mrs . Paul asked the board to consider how they would act if this were a
new development.
Motion
Mr. Hansen motioned to recommend denial of the opening of the south
gate at the Cloister Condominium to the City Commission . Mr. Stratton
seconded the motion . The motion carried unanimously.
B. Tree Protection Code Revisions Discussion
Staff Report
Mr. Hubsch introduced the item and stated that because of a concern in
the community about the recent loss in the tree canopy that he had done
Page 4 of 10
AGENDA ITEM #1A
OCTOBER 26, 2015
October 12, 2015 REGULAR CO1VIMISSION MEETING Page 4
AMEND SECTION 24-233 , MAINTENANCE SECURITY; PROVIDING FOR CONFLICT;:
PROVIDING FOR .SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods stated Ordinance No. 95-15- 112 will be deferred until the next meeting.
S. Miscellaneous..Business. (Discussion only)
A. Natural Gas Franchise.
Public. Works Director Doug Layton explained our franchise agreement is with. Teco. Gas; who uses
our rights-of-way to serve our citizens and they pay the City a percentage of their net profits,
approximately $ 10,000/year. He stated this is a renewal of that agreement for another 15 years. He
answered questions from the Commission.
It was the consensus -of the Commission to mow this item forward to the next agenda for action.
9. City Manager-
A.. ' 90-Day Calendar (August through -October 2015)
Mr. Van Liere reported, on November 9,. they will have a. photographer here at 4:45 p.m. to take pictures of
the new Commission .
B . Update on FIND grant.
Mr. Van Liere reported that FIND approved the grant for Dutton Island Road improvements for $270,000.
He further reported, from the previous meeting, that they are still doing research regarding whether the
Cloister needed the City's permission to open the gate.
He also reported on the request, from a few meetings back, for historical markers for Camp Atlantic Beach. .
He stated there is a grant program and Yvonne Calverley has been working on the application.
He stated the finance Director is finishing. the budget documents which will be posted on the website in the
next few days.
Regarding the address change; they contacted the City of Jacksonville to get .their support for doing this and
Mr. Gulliford has sponsored the resolution which should be on their Council meeting tomorrow night.
10. Reports and/or requests from City Commissioners and City Attorney
City Attorney Komando
• Related to the Cloister, he stated he has researched this matter and, at this time, he believes The
Cloister needs tO file a formal application to amend the PUD to allow the gate to open. He stated this.
will need to go through the standard City process, i.e. posting the sips, mailings, send to Community
Development Board for review, etc. Discussion ensued.
• Stated following the last Commission meeting, he was served electronically with a lawsuit on a public
records demand. He stated it appears the City did not turn over everything and in the process we are
the subject of a. lawsuit. He stated since that time they have gotten those records very quickly arid
provided them to the person who made the demand. Be stated, however, in any public records lawsuit
EXHIBIT "18"