43-Minutes 11-26-01 (00651516xBA9D6)Minutes Page -4-
November 26, 2001
the core city area. He commended Community Development Board
Chair, Don Wolfson, and the Board Members for their diligence and
hard work on the revisions.
Mayor Meserve provided background information on the
amendments to the code. It was explained that the ninety day rule
was adopted not because of noise or parking issues, but because the
Community Development Board recommended the change based on
the fact that the garage apartments were located within a total
residential area, and the Board wished to limit short term rentals in
single family neighborhoods.
Mayor Meserve acknowledged that any zoning law was a restriction
of personal rights, but it had been pointed out by past consultants, that
if core city drainage project was to succeed, the city must limit future
construction of duplexes. He indicated that the zoning ordinance
provided a delicate balance between protecting property rights and
the long-term needs of the city.
There was no further discussion and the motion carried unanimously.
B. Ordinance No. 90-01-172 Public Hearing & Final 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 final
reading.
Mayor Meserve presented the ordinance in full, in writing.
He opened the public hearing and the following citizen(s) spoke
concerning the proposed rezoning ordinance:
George Bull of 1937 Sevilla Boulevard West, inquired if the grace
period that applied to Ordinance No. 90-01-173 also applied to this
ordinance. Mayor Meserve responded that the one-year grace period
did not apply, but the same protections were provided through vesting
provisions. Community Development Director Doerr's memo
concerning the rights of property owners after the new regulations are
adopted is attached and made part of this official record as
Attachment D.
Mack McCuller of 225 Water Street, Jacksonville, supported the
ordinance.
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November 26, 2001
Lyman Fletcher of 804 East Coast Drive, clarified the setback
requirements of Section 24-163 in the final draft of the ordinance. He
opposed the change from 20' to 15' for the parking of boats and
recreational vehicles. He felt the change would destroy the aesthetics
of a neighborhood, would cause parking problems since cars would
now be parked on the street to accommodate a boat parked in the
front yard, and would result in a negative impact on property values.
No one else spoke for or against the proposed ordinance, and the
Mayor closed the public hearing.
Discussion of vested rights ensued and City Manager Hanson pointed
out that a definition of vested rights was included in the ordinance.
Community Development Director Doerr's memo (Item 7A and & B)
clarified the language of the ordinance and is attached as
Attachment D.
Discussion ensued concerning the change in Section 124-163 for
parking or storing recreational vehicles, boats and trailers from 20' to
15'. Commissioner Waters concurred with former Mayor Lyman
Fletcher and opposed the change. He urged Mayor Meserve and
Commissioners Beaver and Bomo to reconsider their positions and
change the setback requirement back to 20'.
Commissioner Beaver reiterated his previous position and believed
the Commission made this change in order to address the needs of the
Marsh Oaks Community. He felt the change would cause no major
impact to the city.
Code Enforcement Officer Sherrer confirmed that several 15 — 17'
boats were legally parked in front yards in various areas of the city.
Mayor Meserve thanked the Community Development Board
Members and the Commissioners for their work on the ordinance
which he believed was much better than the current zoning
ordinance.
Following brief discussion the motion carried by a four to one vote
with Commissioner Waters voting nay.
C. Ordinance No. 60-01-11 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES, ARTICLE I, SECTION
17-17, TO PROVIDE FOR THE TREATMENT OF NON-
CONFORMING SIGNS; PROVIDING FOR
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