42-Minutes 11-12-01 (00651514xBA9D6)Minutes Page -4-
November 12, 2001
PROVIDING PROCEDURES FOR EMERGENCY
ACTIONS BY THE CITY COMMISSION, AND
PROVIDING AND EFFECTIVE DATE (Mayor)
Motion: Adopt Ordinance No. 5-10-36 on final reading.
Mayor Meserve presented the ordinance in full, in writing, and
explained that the ordinance would provide for procedures for
emergency actions by the City Commission.
Mayor Meserve opened the public hearing and invited comments
from the audience.
Pat Pillmore of 995 Camelia Street spoke in opposition to the
proposed ordinance. She stated that from her experience,
emergencies in the City of Jacksonville were handled by a committee
with an attorney in attendance. She felt there was not enough public
information in Atlantic Beach concerning committee actions and the
city did not need another rule to handle its business.
There being no further public comments, the Mayor closed the public
hearing.
Mayor Meserve stated that the ordinance simply formalized the
procedure which had been used in the past to handle matters which
came up after an agenda had been completed.
Commissioner Borno read Rule #26 and explained how it worked.
There was no further discussion and the motion carried unanimously.
B. Ordinance No. 90-01-172 Public Hearing & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH REWRITING IN ITS ENTIRETY CHAPTER 24
OF THE CODE OF ORDINANCES, ZONING AND
SUBDIVISION REGULATIONS (Commission)
Motion: Approve Ordinance No. 90-01-172 on first
reading.
Mayor Meserve presented the ordinance in full, in writing and
provided background information concerning the ordinance
amendments. He explained that the ordinance was rewritten to
address and clarify language which was open to interpretation.
Community Development Director Doerr stated that this was the first
of two required public hearings for the ordinance and that it was
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November 12, 2001
(, properly noticed as required by Chapter 156, Florida Statutes. The
second public hearing would be held on November 26, 2001.
Community Development Director Doerr indicated that many of the
changes were long overdue to bring the zoning, subdivision and land
use development regulations into conformance with the
Comprehensive Plan adopted in 1990.
Ms. Doerr reviewed the changes which were recommended during
the October 29, 2001 Workshop. A copy of Ms. Doerr's memo dated
November 2, 2001, listing the changes is attached and made part of
this official record as Attachment B.
It was also noted that Don Wolfson, Chair of the Community
Development Board, had requested that the following intent statement
be added to each zoning classification: "All Development of Land
and Parcels within the (name of the zoning classification) zoning
district shall comply with the (name of the zoning classification)
density limitations as set forth in the adopted Comprehensive Plan for
the City of Atlantic Beach, as may be amended."
During the review, Commissioner Borno pointed out that Section 24-
r' 163(a)(1) needed to be changed to require commercial vehicles to be
parked a minimum of twenty feet from the front lot line.
Mayor Meserve then opened the public hearing and the following
citizens spoke concerning the proposed zoning ordinance:
Janell Wilson of 3090 South Third Street, Jacksonville Beach,
spoke concerning the rental of garage apartments and opposed the
rental limitation of ninety days as an infringement on property rights,
and inquired as to how it would be enforced. She felt short term
rentals would have no more impact on the community than long term
rentals and requested that the 90 day minimum be deleted from the
ordinance.
George Bull of 1937 Sevilla Boulevard West, inquired concerning
the staff recommendation for the rezoning of property from RG -1 to
RS -2. He felt several property owners in the area would be entitled to
vested rights to proceed with plans to construct duplexes after the
effective date, if their property was rezoned. He then inquired as to
how to become vested. He indicated that he was working on several
duplex projects which were about 75% complete.
Mayor Meserve indicated that those concerns would be addressed
under Item 7C.
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November 12, 2001
Barbara Buckman Williams of Santa Nocoochee, Georgia, stated
that she was opposed to the zoning change of her property from Open
Rural to Conservation Lands and felt it would be an unfair taking of
her property. She felt the Conservation Lands designation placed too
many restrictions on the property.
Peter Sapia of 1655 Selva Marina Drive stated that he had several
problems with the proposed zoning ordinance which he would put in
writing. Mr. Sapia commented on garage apartments, market and
appraised values, non -conforming structures, and lot sizes for
development of duplexes. Mr. Sapia believed most of the changes
were too restrictive and felt that appeal of the city was its eclectic
character.
Greg Carr of 574 Nautical Boulevard, a boat owner, stated that his
boat and property were clean and neat and suggested a 10' setback
from the property line to allow for boat parking.
Jeri Sabot of 330 First Street, expressed concern that she would not
be able to construct the duplex she had planned under the rezoning of
the core city area (Item 7C).
Pat Pilimore of 995 Camelia Street, felt that lower income people
would be hardest hit by the 20' setback. She felt boating was part of
the Florida lifestyle and boats should be allowed to be parked on a
residential lot.
Steve Diebenow of 1301 Riverplace Boulevard, representing Radio
Station WQOP, stated that he appreciated the action of the
Commission to address the station's property.
No one else spoke for or against the proposed ordinance, and the
Mayor closed the public hearing.
Mayor Meserve commented that the ordinance concerning boat
parking was the same as in the past and was not changed from the
original ordinance.
Community Development Director Doerr explained vested rights and
statutory vested rights in detail. Discussion ensued concerning the
effective date of the ordinance and Ms. Doerr suggested the effective
date be January 1, 2002. It was suggested that anyone currently
involved in a project or anyone who is planning to do a project, apply
for vested rights. It was pointed out that vesting determinations were
made administratively on a case by case basis.
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November 12, 2001
rt° Discussion concerning the Comprehensive Plan ensued and Mayor
Meserve confirmed with Community Development Director Doerr
that existing duplexes could be rebuilt if destroyed.
Commissioner Beaver requested that Section 24-163 be readdressed
to change the setback back to 15'from front lot line. He felt the
change would not encourage that many boats to appear.
Commissioner Parsons felt the problem seemed to be that the boats
were parked in front of the house and that was what neighbors
objected to.
Motion: Amend Section 24-163(b)(2) to read:
"Recreational vehicles, boats or boat trailers, or
other type of trailer shall not be parked or stored closer
that fifteen (15) feet from the front lot line of any
residential lot".
Discussion ensued and Commissioner Beaver explained that his
motion addressed the parking of boats only. Commissioner Waters
opposed the change and believed the change would cause cars to be
parked on the streets to accommodate boats in the yards.
There was no more discussion and the motion carried by a three to
two roll call vote as follows: Commissioners Beaver, Borno and
Mayor Meserve aye and Commissioners Parsons and Waters,
nay.
Community Development Director Doerr comfirmed that the side
yard setbacks would also be 15' under Section 24-163(b)(2).
Commissioner Beaver requested that a copy of the letter Mr. Sapia
stated he would write addressing his concerns be distributed to the
Commission.
Discussion of the definition of "family" and rental properties ensued.
Mayor Meserve explained that the city wanted to limit short term
rentals in family neighborhoods with the ninety day minimum.
Community Development Director Doerr confirmed that the effective
date for the new zoning ordinance would be January 1, 2002.
Amendment to the Motion: Approve passage of
Ordinance No. 90-01-172 as amended by the changes
discussed by Community Development Doerr (as listed in
Attachment B) and the by the previous motion amending
Section 24-163(b)(2).
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November 12, 2001
Mayor Meserve reported that the final reading of the ordinance and
public hearing would take place November 26, 2001.
There was no further discussion and the motion carried unanimously.
C. Ordinance No. 90-01-173 Public Hearing & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
TO REZONE LAND FROM THE PRESENT ZONING
CLASSIFICATION OF RESIDENTIAL GENERAL,
TWO-FAMILY, (RG -1) TO RESIDENTIAL, SINGLE-
FAMILY (RS -2), PROVIDING FINDINGS OF FACT,
REQUIRING RECORDATION, AND PROVIDING AN
EFFECTIVE DATE (Commission)
Motion: Approve Ordinance No. 90-01-173 on first
reading.
Mayor Meserve presented the ordinance in full, in writing and
explained that the ordinance would rezone property in the core city
area from RG -1 (two-family) to RS -2 (single-family).
Discussion ensued concerning zoning map changes. Mayor Meserve
pointed out that the major change to the map would be the rezoning
from RG -1 to RS -2. Ms. Doerr pointed out that the zoning
classification of Conservation land was being created, and at a later
date there would be separate public hearings to rezone the Open Rural
lands to Conservation land. She pointed out that the land in question
had been designated Conservation land in the Comprehensive Plan
and Future Land Use Map since 1990, and now the zoning was being
brought into compliance with the ordinance adopted in 1990
establishing the Future Land Use Map and Comprehensive Plan.
Community Development Director Doerr noted that the ordinance
was properly noticed as required by Chapter 166, Florida Statutes.
Mayor Meserve opened the public hearing and the following
citizen(s) spoke concerning the proposed rezoning ordinance:
Douglas Brown of Sun and Ski Development of Cincinnati, Ohio
stated that he was presently developing two pieces of property into
townhomes in the core city area for Mr. Bull. He indicated that he
wished to be vested to continue the plans for the townhomes. Mr.
Brown indicated that he would be meeting with Community
Development Director Doerr the following morning to discuss the
plans and vesting.
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Peter Sapia of 1655 Selva Marina Drive spoke in opposition to the
zoning change and felt it was not in the best interest of the city to
eliminate duplexes in the core city area. He felt a duplex provided a
good entry level home, and provided higher income for the city
through higher tax values and double utility revenues.
No one else spoke for or against the proposed ordinance and the
Mayor closed the public hearing. Mayor Meserve reported that the
final reading of the ordinance and public hearing would take place
November 26, 2001.
There was no Commission discussion and the motion carried
unanimously.
8. Miscellaneous Business:
A. Public Hearing and action on a request for a Use -by -
Exception filed by Randy Wilson to sell and reRair
enclosed trailers and boat trailers at 37 West 8t Street,
also described as Lots 3, 4, and 5, Block 38, Section H, on
property zoned Commercial General (City Manager)
Motion: Accept the recommendation of the Community
Development Board and approve the use -by -exception
Med by Randy Wilson to sell and repair enclosed trailers
and boat trailers at 37 West 8th Street, also described as
Lots 3, 4 and 5, Block 38, Section Hon property zoned
Commercial General (CG).
The Mayor opened the floor for a public hearing and invited
comments from the audience.
Randy Wilson, owner of the business explained that he needed a
larger space for his work and most of the work would be done inside
of the building. Mr. Wilson reviewed the recommendations of the
Community Development Board and agreed to the requirements.
Since no one spoke for or against the application, the Mayor declared
the public hearing closed.
There was no discussion and the motion carried unanimously.
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