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03-27-17 Minutes- Commission MeetingMINUTES REGULAR CITY COMMISSION MEETING MARCH 27, 2017 -6: 30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tern John Stinson City Manager Kevin Hogencamp Commissioner Mitchell R. Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Joanie Bowman Commissioner M. Blythe Waters Invocation and pledge to the flag Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:32 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the Commission Meeting on February 13, 2017. B. Approve minutes of the Ethics Training on March 8, 2017. C. Approve minutes of the Commission Meeting on February 27, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of Floor to Visitors A. Recognition of Kirk Hansen for his service on the Community Development Board. B. Recognition of Jerry Johnson for his service on the Board Member Review Committee. C. Recognition of Solomon Brotman for his service on the Board Member Review Committee. Commissioner Stinson explained the importance of citizen boards and committees and the need to recognize the recently termed -out members. He gave introductions as Mayor Reeves presented a certificate, an engraved pen set and a City lapel pin to Jerry Johnson for serving on the Board Member Review Committee; Solomon Brotman for serving on the Board Member Review Committee; and Kirk Hansen for serving on the Community Development Board. Each of the gentlemen expressed their gratitude. D. Presentation by Mayport Road Area Business Group. City Manager Hogencamp introduced the business owners that were present to speak about opportunities to improve the City' s land development regulations. Kelly Erhayel, 1649 Norton Hill Dr., referred to the Mayport Corridor Business Association booklet (which is attached and made part of this Official Record as Attachment A) as she explained their proposal for Section H and requested support from the Commission. March 27, 2017 REGULAR COMMISSION MEETING Atillio Cerqueira, 36 W. 6th St., spoke in support of the Mayport Corridor Business Association Proposal for Section H. Mike Whalen, 1420 Mayport Rd., spoke in support of the Mayport Corridor Business Association Proposal for Section H and provided City Clerk Bartle with a petition with approximately 150 signatures. Mayor Reeves thanked the group for trying to improve a very important area of the City and explained the next step is for the City Manager and staff to bring back a recommendation about how to proceed. Discussion ensued about the proposal and the Community Redevelopment Agency (CRA). Mayor Reeves explained the importance for citizens to voice their opinions to State officials regarding opposition to House Bill 17, Senate Bill 596 and House Bill 687 which take away home rule for cities like ours. He pointed out there is a bill that is fast -tracking through that, if it passes, would stop any new CRA' s as of October of this year. Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle called each speaker to the podium. Atillio Cerqueira, 36 W. 6th St., spoke about the idea to have zero lot line fencing for the commercial areas that would buffer the visual for the residential areas. Mike Whalen, 1420 Mayport Rd., spoke in support of the Proposal for Section H and noted the burden it would take off of staff. Kelly Erhayel, 1447 Mayport Rd., spoke in support of the Proposal for Section H. Carole Schwartz, 1857 Tierra Verde Dr., spoke about various issues at the 18th and 19th Street beach access, and the need for improvement. Diana Townsend, 266 Poinsetta St., thanked the Commission for supporting small business and neighborhoods and for Mayor Reeves' letter in the Beaches Leader regarding local control on issues that could affect the community. She spoke against Gate Petroleum coming to Atlantic Beach. Barry Adeeb, 501 Atlantic Blvd. thanked former Mayor Don Wolfson and Commissioner Stinson for requesting the Beach Diner/Gate matter go before the Community Development Board. He spoke about the Judge' s order and explained the public records request he submitted to City Clerk Bartle. John Mason, 1896 Beach Avenue., spoke about parking, safety and sanitation issues at various beach accesses and made suggestions to improve the accesses. Nancy Whittington, 1861 Beachside Ct., spoke about parking and densification issues impacting residents and thanked Commander Layson and the Atlantic Beach Police Department for monitoring the accesses during spring break. Chris Jorgensen, 92 W. 3rd St., thanked City painter Mark for his great work at Tideview. Spoke against lowering the speed limit on Mayport Road. Thanked the business owners for their presentations and spoke against the CRA. Susanne Barker, 1938 Beachside Ct., spoke about the parking issues at the beach access on 18th and 19th Streets and voiced concern regarding safety and crime. She believes there is a solution and suggested changing the parking lot closing time to dusk. 2 March 27, 2017 REGULAR COMMISSION MEETING Anna Tani, 1881 Beach Ave., spoke about safety issues and the excessive amount of parking spaces on 18th Street. Dale Wappes 1885 Beach Ave., spoke about safety issues at the 18th and 19th Street beach access and made suggestions to improve it. Popeye Fontaine, 31 Royal Palms Dr., did not wish to speak and is in support of the Proposal for Section H. Joseph Quest, 1501 Atlantic Blvd., spoke in support of the Proposal for Section H. Oceanside Collision, 41 W. 2° d St. did not wish to speak but is in support the Proposal for Section H. Terri Essick, 1879 Beach Ave. and 510 Mayport Rd., inquired about the City issuing decals to residents who live on 18th Street, whose family members need a parking space after hours. Mayor Reeves advised Mr. Essick that someone would get back with him. Tom Cook, 1260 Mayport Rd., spoke in support of Agenda Item 2D. Johnathan Smith, 66 W. 4th St., spoke in support of Agenda Item 2D. Dennis Pecina, 1850 Ocean Grove Dr., spoke about the 18th Street beach access problem and suggested closing the parking lot at dusk. City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows: Pie Heaven/Anita Hyd, 1980 Mayport Rd., is in support of Agenda Item 2D. Randy Wilson, 37 W. 8th St., is in support of Agenda Item 2D. Ben Erhayel, 1649 Norton Hill Dr., is in support of Agenda Item 2D. Debora A. Eisert, 85 10th St., is in support of Agenda Item 8D. Barbara l lamilton, 85 10th St., is in support of Agenda Item 8D. Kim Reich, 1852 Beachside Ct., is in support of Agenda Item 8G. Susie Ritter 1858 Beachside Ct., is in support of Agenda Item 8G There was also a speaker form from Daniel Evans, 1668 Norton Hill Dr., indicating he did not wish to speak, but is in support of Agenda Item 2D. 8G. Beach Access/Parking Issues (Mayor Reeves) Item 8G was taken out of sequence and acted on at this time.) Mayor Reeves explained that he was contacted by residents with beach access/ parking issues on 18th and 19th Streets as well as other areas and brought it to the City Manager' s attention. He recommended having an 3 March 27, 2017 REGULAR COMMISSION MEETING advisory panel to work with the City Manager and then come back with a staff recommendation to the Commission. City Manager Hogencamp explained that he would be working with a committee about beach access and parking issues city-wide, but the City will tackle the 18th Street parking issues immediately. He indicated that the Commission and citizens could expect to hear back from him on the next City Manager' s report. Commissioner Hill voiced his disappointment in the discussion regarding the beach access and believes that for many years nothing has changed except for the problem with density. He explained that we are the custodians, not the owners of the most precious resource. He stated that he wants to protect that asset for others, not just residents. He said that he recognized that even our own residents also have a problem getting to the beach accesses and suggested having low -speed vehicle parking areas. He asked the City Manager to come up with creative ideas without excluding others who have the same right to access. Commissioner Harding thanked the residents for coming to the City with their ideas and suggested looking into the parking configuration, hours and enforcement that could curb some of these issues. Commissioner Waters thanked the residents for their input. She explained that has been her beach access for 41 years and nothing has changed. She spoke about custodial responsibility for the beach and that part of that responsibility comes with a multi-million dollar price tag for beach renourishment, on a regular basis which we would be responsible for if we change our parking configuration. She explained that there are ways within our Federal and State mandated laws regarding parking access to make it better and that Mr. Hogencamp has been incredibly responsive. She reminded the Commission and the citizens about the Interlocal Agreement and that the City has constraints within which they function. She believed the police and public works will address the showers, trash and enforcement to improve the condition of the beach accesses. Commissioner Stinson spoke about educating the Atlantic Beach residents and the visitors about where they can and cannot park, as it is a very complicated issue. He observed that immediate attention was given to this issue by the City Manager who is willing to work with the citizens and the Commission to resolve this beach access issue. Mayor Reeves thanked everyone for speaking and explained that we cannot limit the number of people coming to the beach, but we can improve the beach access and that the City Manager would move forward on this. City Manager Hogencamp stated that he will be in touch with the concerned residents who spoke. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the New Business Account Listing and Monthly Building Department Report for February 2017. 4 REGULAR COMMISSION MEETING March 27, 2017 B. Award Bid No. 1617-04 for Water Service Replacements on Cruiser Ln., Belvedere St. and Vikings Ln. in the total bid amount of $125,565.00 to TB Landmark Construction, Inc. C. Approve expending $8,000 of forfeiture funds for investigations and a vehicle purchase. City Clerk Bartle read the Consent Agenda. Mayor Reeves asked if any Commissioner would like to pull an item from the Consent Agenda for discussion. Commissioner Stinson pulled 4B from the Consent Agenda. Motion: Approve Consent Agenda Item 4A, 4C as read. Moved by Mayor Reeves, no Second was requested Votes: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Commissioner Stinson asked staff to elaborate on what is being done and why. Public Works Director Jacobovitz explained his staff report and the request to award Bid No. 1617- 04 and answered questions from the Commission. Discussion ensued about upgrading the meters with radio -read meters while this project is being done. Mr. Hogencamp agreed to look into the suggestions and bring back a cost. Motion: Approve Award Bid 1617-04 for Water Service Replacement. Moved by Stinson, Seconded by Harding Votes: Aye: 4 Harding, Stinson, Waters, Reeves Nay: 1 Hill MOTION CARRIED 5. Committee Reports A. Beautification Natural Resource Preservation Advisory Committee. (BNRPAC) City Manager Hogencamp explained that he had the pleasure to serve as the Liaison for the BNRPAC and introduced Co -Chair Judith Leroux. Judy Leroux 1745 Selva Marina Dr., gave a brief history about the BNRPAC, the progression and the challenges they have had. She reported that they will meet every two weeks and gave the future meeting dates. She stated that the deadline for the Committee to finish its work, according to the November 8t charge, was six months from the date of the first meeting which would be June 19, 2017 and answered questions from the Commission. She requested that the Commission appoint someone who could chair the meeting in the event that she was unable to attend a meeting. Mayor Reeves reported that he tried contacting Co -Chair Shaughnessy but was unsuccessful and will continue to reach out to her. 5 March 27, 2017 REGULAR COMMISSION MEETING Motion: Authorize the Committee to Nominate and vote on Chairpersons or other positions as a Committee and as a whole sees the need, providing nominating and voting follows Roberts Rules of Order. Moved by Stinson, Seconded by Waters Votes: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Commissioner Stinson apologized to Ms. Leroux and the Committee members for any comments that may have offended anyone from the last Commission Meeting. He explained that our City depends on our citizen boards and they are critical to operate efficiently. Ms. Leroux commented that this Committee has been ready to work from the date that it was appointed and would continue to do that and thanked Commissioner Stinson. Commissioner Hill thanked Ms. Leroux and the Committee members for all their efforts. He asked for confirmation that these Committee members would not be excluded from consideration to the standing committee. Mayor Reeves confirmed that anyone of those members could reapply for the standing committee as long as they were an Atlantic Beach resident. Commissioner Stinson commented that Mr. Hogencamp volunteered to take the minutes for the Advisory Committee and Ms. Leroux felt that Mr. Hogancamp' s input and contributions is critical and did not want him focused on the minutes. Commissioner Stinson stated that he offered to attend and take minutes for that meeting. B. Board Member Review Committee. (Commissioner Stinson) Motion: Suspend the Rules for the purpose of discussing a more permanent employment arrangement for Mr. Hogencamp. Moved by Stinson, Seconded by Harding There was no discussion on suspending the rules. Votes: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Commissioner Stinson stated that this motion is based on his own observation of Mr. Hogancamp' s performance as well as citizen satisfaction. Motion: Appoint Mr. Hogencamp Deputy City Manager and we confirm him at the next City Commission Meeting. Moved by Stinson, Seconded by Waters 6 March 27, 2017 REGULAR COMMISSION MEETING Votes: Aye: 5 Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED The Commission discussed moving forward in creating a position within the City to secure Mr. Hogencamp as a permanent City employee. City Manager Hogencamp thanked the Commission and stated that he would love to stay on board in some capacity. He explained that the new City Manager would need to evaluate the organization and determine where he would fit into the organizational chart. He thanked the Commission for the honor of considering him for a permanent position within the City. There was a discussion about the process and the need for a job description, list of responsibilities and the salary. Mayor Reeves suggested that each of the Commissioners have a conversation with Human Resources HR) to determine the responsibilities for this position and have HR present the Commission with the title, responsibilities and salary range. Human Resources Director Cathy Berry requested that the Commission delay that request for two Commission meetings in order to prepare it in time for the agenda. Motion: Defer the motion to April 24, 2017. Moved by Stinson, Seconded by Harding There was a brief discussion. City Attorney Durden suggested they amend the original motion with the new date included. The motion to defer was withdrawn. Amended Motion: To consider the appointment and confirmation of Kevin Hogencamp as Deputy City Manager at the April 24, 2017 meeting. Moved by Stinson, Seconded by Waters Roll Call Votes: Aye 5 Harding, Hill, Stinson, Waters, Reeves Nay 0 MOTION CARRIED Commissioner Stinson referred to the information in the agenda packet as he gave an update on the improvement process for selecting Board members. He stated that they plan to meet on April 6th and requested that City Attorney Durden attend that meeting. Mayor Reeves explained what he learned from the roundtable meeting he had with Commissioner Stinson and expressed his gratitude. 6. Action on Resolutions A. RESOLUTION 17-04 FOR ASSISTANCE 2017 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM. 7 March 27, 2017 REGULAR COMMISSION MEETING City Clerk Bartle read the title of the resolution. Public Works Director Don Jacobovitz explained the Resolution and his recommendation to approve it. Motion: Approve Resolution 17-04 Assistance 2017 under the Florida Inland Navigation District Waterways Assistance Program. Moved by Stinson, Seconded by Harding City Attorney Durden stated it appears there will be a need for a signature on documents necessary to effectuate the resolution and recommended amending the motion to include authorization so that they can revise the Resolution to add a new section that so states the authority to execute the documents and suggested it be the city manager. Amended Motion: Approve Resolution 17-04 as read by title, which includes to authorize the City Manager to sign the application. Roll Call Votes: Aye: 5 Hill, Stinson, Waters, Harding, Reeves Nay: 0 MOTION CARRIED B. RESOLUTION NO. 17-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE APPLICATION FOR THE 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Public Works Director Jacobovitz explained the Resolution, recommendation and answered questions from the Commission. City Attorney Durden recommended amending the motion to add a new section at the very end of the resolution authorizing the City Manager to execute the application and any other documents necessary to effectuate the purpose. Motion: Approve Resolution 17-05 as read and to allow the Cite Manager to sign the application and all other associated documents. Motion by Harding, Seconded by Waters Mr. Jacobovitz answered questions from the Commission about the grant writers. Commissioner Hill suggested charging the future standing committee with helping to determine where grant money is spent. Mayor Reeves mentioned the process used by the Cultural Arts and Recreation Advisory Committee CARAC). Mr. Hogencamp commented that he is addressing the issue at CARAC' s next meeting. Roll Call Votes: Aye: 5 Stinson, Waters, Harding, Hill, Reeves Nay: 0 MOTION CARRIED 7. Action on Ordinances There were no ordinances. 8 March 27, 2017 REGULAR COMMISSION MEETING 8. Miscellaneous Business ( Discussion only) A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2346 Oceanforest Drive West. Public Works Director Jacobovitz explained the waiver request and his recommendations. He and Ken Carella, applicant answered questions from the Commission. Consensus: To move this item forward. B. 17-UBEX-329 -Request for a use -by -exception as permitted by Section 24-63, to allow an establishment for the sale of automobiles as listed in Section 24-111( c)( 10) in the Commercial General zoning district at 580 Mayport Road. Planner Derek Reeves presented a slide show as he explained the use -by -exception request and the Community Development Board' s recommendation with conditions. Commissioner Harding spoke in support of the use -by -exception and expressed concern with the City dictating the types of businesses coming to Atlantic Beach. He believes they should start looking at the ill-effects of the businesses in general instead in an effort to be more business -friendly. Commissioner Hill reported concerns about parking and landscaping and there was a lengthy discussion about the topic. Planner Reeves, Ryan Hawkins, applicant and Atillio Cerqueira, property owner, answered questions from the Commission. Mayor Reeves requested the results from the Community Development Board Meeting be provided in the agenda packet. Commissioner Stinson recommended moving this forward and answer questions between now and the next Commission meeting. Commissioner Waters spoke about streetscaping and landscaping guidelines. Commissioner Harding spoke against the landscaping condition and believed it should not be included. Planner Reeves explained the logic behind the recommended condition. Commissioner Hill spoke in favor of removing the landscaping requirement. Consensus: To move this item forward to a Public Hearing on April 10, 2017. Mayor Reeves called for a recess at 9:53 p.m. and reconvened the meeting at 10:02 p.m.) C. Tow Ordinance Planner Derek Reeves presented a slide show as he explained his staff report and the revised Tow Ordinance which is attached and made part of this Official Records as Attachment B). He noted various areas in Chapter 21 that need revisions. Commander Layson spoke about the current wrecker fees being out of line with those of Jacksonville and would like to see them updated. There was a discussion about procedures for enforcement and recording the towing activities. Planner Reeves and Commander Layson answered questions from the Commission. 9 March 27, 2017 REGULAR COMMISSION MEETING Mayor Reeves asked whether certified letters could be sent out within 24 -hours rather than the same day. City Attorney Durden answered that it is a management issue and was discussed at length. She explained that the issue about the letter is extremely important; it is the due process that you must provide that owner with some opportunity to at least ask for a hearing if they want to, and that is part and parcel of what the letter is for. She indicated that the same day issue is just easily taken care of,if you know that you have an issue, just choose not to slap the sticker on the car until you have the letter ready to go. Planner Reeves explained his recommendation. City Attorney Durden reported concerns from Code Enforcement Officer Debbie White about the 10 -day timeframe to either correct the violation or request a hearing. Ms. Durden spoke in support of changing it to a 15 -day period, putting that language into the notice that gets put on the vehicle and Planner Reeves' recommendation to address all of Chapter 21, instead of trying to do it piecemeal. She added if this is going to be part of Chapter 21, we need to use similar terms and we need to make sure that all the processes that are employed in Chapter 21 are coordinated. Commissioner Hill expressed concern that military personnel could be deployed and not receive the notice within 15 -days. He requested that they extend the timeframe to accommodate the population that deploys out of our community. Consensus: To move this item forward including Chapter 21 and bring it back as one broader packet. D. Sea Turtle Lighting Ordinance Planner Derek Reeves presented a slide show as he explained his staff report, the proposed Sea Turtle Lighting Ordinance, and his recommendation to get consensus to move forward to first reading on April 10, 2017 as well as any consensus to make changes to the proposed ordinance. Commissioner Hill spoke about security concerns and the need to illuminate areas whenever possible and requested to see the scientific data from Florida Fish and Wildlife Conservation Commission on disorientation of sea turtles. There was a discussion about the effects of light on sea turtles, enforcement, safety and the need for education and Planner Reeves answered questions from the Commission. Consensus: To move this item forward. E. Proposed Police Pension Ordinance Language Changes F. Proposed General Employees' Pension Ordinance Language Changes Finance Director Russell Caffey explained both the Proposed Police Pension Ordinance and the General Employees' Pension Ordinance. Commissioner Hill asked the City Attorney for her opinion on these Ordinances. City Attorney Durden explained that Scott Christiansen is one of the best pension lawyers in the entire State of Florida and she has absolute faith in him that if he thought these Ordinances were appropriate and needed, she believes he is correct. Consensus: To move this item forward to the next agenda. 10 March 27, 2017 REGULAR COMMISSION MEETING G. Beach Access/ Parking Issues ( Mayor Reeves) Item 8G was taken out of sequence and acted on earlier.) H. Salary Administration Plan Revisions City Manager Hogencamp explained that Human Resource Director Cathy Berry was prepared to answer any Salary Administration Plan Revision questions and requested consensus to move the item forward to the next meeting. Consensus: To move this item forward to a Public Hearing on April 10, 2017. 9. City Manager Reports A. City Manager' s Report Mr. Hogencamp explained that there was not a City Manager' s Report in this agenda, but would make it part of the next agenda. He stated it would cover issues including but not be limited to the status of land development regulations, Mayport Road traffic safety, Seminole Road and Safe Routes, and Johnston Island. He reported that there is a contractor in place working on the Third Street walkover with work crews mobilizing as of today. He reported that the garbage and recycling days will continue on the same day and that there will be an E -Newsletter soon to complement our on-going efforts to communicate better with our citizens. Commissioner Reeves thanked Kevin for addressing his concern regarding recycling. He spoke with the Commission about the need to address Community Development Area (CRA) either as an agenda item or in a special called meeting. City Attorney Durden explained that there are three provisions that a lot of people would consider nuclear options that are in the CRA Bill. The first, is that if you do not have a CRA in place by October 1st, you will not have an opportunity to create a CRA. Secondly, if you do have a CRA and you have not committed any debt by October 1St, then you cannot create any new debt. Third, if you have a current CRA no matter what, you can never extend your CRA. She explained that those are the big provisions, but there are other items about how you can spend your Tax Increment Financing (TIF) dollars. She explained that right now there is a long list in the Statute and it is described to be one that says including but not limited to a list of things. The main restriction is what is in your plan. If it is in your plan, then you can use your TIF dollars towards that. This would essentially limit what you could even put in your plan. She described it as draconian and a home rule attack, in her opinion, and reported on five bills that that the League of Cities is working hard to try to address including the one on the CRA. Mayor Reeves reported on the meeting he and Mr. Van Liere had with the City of Jacksonville. Mayor Reeves expressed the importance for the Commission to meet and make a decision on whether or not to move forward with a CRA. There was a discussion about the type of meeting they should have that would allow public comments and formal action and when they should schedule it. It was decided that they would call a special meeting for the CRA and directed the City Clerk to reach out to each Commissioner and schedule the meeting. B. 90 -Day Calendar (April 2017 through June 2017) City Manager Hogencamp mentioned the following events: Songwriters at Adele Grage this Sunday at 6: 00 p.m.; Wild Wonders at Dutton Island at 1: 00 p.m. on Saturday, April 8th; Town Hall meeting on Saturday, April 22nd at Jordan Park Community Center; and the Northeast Florida League of Cities dinner on Thursday 11 March 27, 2017 REGULAR COMMISSION MEETING May 18th at 6:30 p.m. Consensus: To accept the 90 -Calendar. 10. Reports and/or requests from City Commissioners and City Attorney A. Presentation on Form -based Code Land Development Regulations (Commissioner Waters) Commissioner Waters referred to a slide -show (which is attached and made part of this Official Record as Attachment C) from the FBCI (Form -Based Codes Institute) website as she explained Form -based Code and answered questions from the Commission. She suggested going to the Community Development Board for their input. Mayor Reeves suggested adding the Form -based Code topic to the agenda for the Special Called Meeting for discussion only. There was a discussion about inviting the Community Development Board to the Special Called Meeting. Commissioner Waters agreed to provide information and links to the City Clerk for inclusion in the agenda packet. Commissioner Harding Offered his appreciation for Commissioner Waters' efforts to move this important issue forward. Commissioner Stinson Stated that he had no doubt Mr. Hogencamp could fill any role within the City and would be a great asset. Commissioner Hill Inquired about the use -by -exception approved for the former Al' s Pizza location and the type of business that would occupy it.Planner Reeves explained that the use -by -exception that was approved was for liquor sales in association with a full-service restaurant, which requires a majority of the sales to come from food. Informed everyone that he had received a phone call from the mother of the deceased child from Mayport Road and Wonderwood asking him to make sure to pursue the Mayport Road speed limit issue. He stated that his eleven -year-old brought him an interesting statistic of the impact caused at 35 mph vs. 45 mph and the chances of surviving it as a pedestrian were unbelievable. He asked everyone to go online and look it up for themselves. City Attorney Durden Reported that we received a decision in the Gate Petroleum case from Judge Daniel denying the petition. She stated that there is a thirty -day appeal period for that decision in the Gate case and would end approximately April 16th. She explained that it was a very well -reasoned decision. The Judge ruled on all of the topics that were raised and she along with the other City Attorney Mark Emanuel were very pleased that the Judge supported the decision that the Commission made. Mayor Reeves Mentioned that he has copies of the Department of Transportation ( DOT) reports for all the Commissioners for their information and for the police to look at and come back later with a report. He said that speed is important but also people keeping their eyes on the road and not drinking and driving is just as important. 12 March 27, 2017 REGULAR COMMISSION MEETING Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 11: 44 p. m. ATTEST: Mitchell E. Reeves Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk A T T A C H M E N T A M a r c h 2 7 , 2 0 1 7 A T T A C H M E N T A M a r c h 2 7 , 2 0 1 7 ATTACHMENT A March 27, 2017 ATTACHMENT A March 27, 2017 ATTACHMENT A March 27, 2017 Sec 24-110. Commercial Limited ( CL). A. Intent. Within the City of Atlantic Beach, the CL zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New development and new uses within these districts should have direct access to arterial or collector streets, and sites should be designed so that increased traffic through predominantly residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential community, with the exception of Section H, and it is a stated goal with the comprehensive plan that the residential character of the city should be retained. As such, the appropriate level of intensity for general commercial uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity. B. Permitted Uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean commercial use intended to serves the daily needs of residents of the surrounding neighborhoods. Addendum for Section H or West Atlantic Beach. For the purpose of this document, it is the area bounded south by Atlantic Boulevard, east by the Mayport Road corridor, north by Dutton Island Road and west by Main Street. This area is commonly referred to as Section H or West Atlantic Beach. For Section H the permitted uses shall include, but are not limited to the following: manufacturing, warehousing, storage, container service and retail and wholesale operation. These businesses shall and must abide by all Federal, State and local government environmental and safety regulations including, but not limited to their respective industries. There shall be no negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extreme hours of operation. This Addendum shall include the following provisions for Section H only: 1) Allow outside storage of any equipment or vehicles o containers as long as they are properly screened to include a zero lot line fencing. 2) Allow more than one commercial vehicle to be parked at the business, at any time, as long as it is properly tagged and meets all licensing regulations and is in working order. 3) Allow all service related business to occupy the space without a need for use -by - exception as long as if falls under the accepted criteria. C. Where a proposed use is not specifically listed in the section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall be defined within section 24-17. 1) Institutional and government uses, buildings and facilties. 2) Churches in accordance with section 24-153. 3) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principle use. Such dwelling unit is intended to be occupied by the owner or an employee of the principle use. 4) Those uses listed as permitted uses and uses -by -exception in the commercial limited and commercial, professional and office zoning districts. ATTACHMENT A March 27, 2017 5) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area Policy A. 1. 11. 1( b) Single-family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. 6) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection below. D. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. E. Uses -by -exception. Within the CG zoning district, the following uses may be approved as a use - by -exception where such proposed uses are found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: 1) Pet kennel and facilities for the boarding of animals. 2) Veterinary clinic. 3) On -premises consumption of alcoholic beverages in accordance with chapter 3 of the Code. 4) Restaurants with drive-through service where the site contains lanes deciated solely to drive-through business ( this shall not be construed to prohibit restaurants with carry -out service, which are a permitted use), except for Section H. 5) Produce and fresh markets with outdoor sale and display of garden product only. 6) Hospitals. 7) Sales of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. 8) Businesses offering live entertainment, not including adult entertainment establishments as defined by Section 847. 001( 2), Florida Statues. F. Limitations on certain uses. Permitted uses within the CG zoning district shall not include large- scale retail establishments, which for the purposes of this chapter shall be defined by their size and as follows: Large-scale retail establishments shall include those businesses, whether in a standing building or in a multi -tenant building, which occupy a floor area exceeding sixty ATTACHMENT A March 27, 2017 thousand ( 60, 000) square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large-scale retail establishments are commonly referred to as " big -box" retailers, discount department stores, supercenters, warehouse clubs or by similar terms. Such establishments may offere a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and departments, which may include home improvement, house -wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of shopping centers as these are defined within section 24-17, but shall apply to any building where businesses with separate local business tax receipts may share the same interior space of a building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the city's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the city and further, to implement related goals, objectives, and policies of the 2015 Comprehensive Plan, restated in the part that follows. Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the city ( Policy A. 1. 5. 7). 1) The city shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitation upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the city, particularly with respect to the predominantly residential character and small-town scale of the city (Objective A.1.11 — Appropriate land use patterns). 2) The city shall encourage future development and redevelopment, which retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach ( Objective A. 1. 3 — Maintaining residential character). G. Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: 1) Lot or site area: Five thousand ( 5, 000) square feet. 2) Lot width: Fifty ( 50) feet. 3) Lot depth: One hundred ( 100) feet. H. Minimum yard requirements. The minimum yard requirements within the commercial general zoning district shall be: ATTACHMENT A March 27, 2017 1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten ( 10) feet where required off-street parking is located at the rear or side of the building site, and the primary business entrance is designed to face the street. 2) Rear yard: Ten ( 10) feet. 3) Side yard: Ten ( 10) feet where adjacent to existing residential use. Otherwise, a combined fifteen ( 15) total feet with a five ( 5) feet minimum on either side. I. Building restrictions. The building restrictions in the commercial general zoning district shall be as follows: 1) Maximum impervious surface: Seventy ( 70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new development shall not exceed the pre -construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. 2) Maximum building height: Thirty-five (35) feet. 3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter. Where existing uses, which do not provide the required number of off- street parking spaces as set forth within subsection 24-161(g) are replaced with similar uses ( such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. Ord. No. 90-10-212, § 2( Exh. A), 3- 8-10) ATTACHMENT A March 27, 2017 Sec. 24-111.— Commercial General Districts (CG). A. Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New development and new uses within these districts should have direct access to arterial or collector streets, and sites should be designed so that increased traffic through predominantly residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential community, with the exception of Section H, and it is a stated goal with the comprehensive plan that the residential character of the city should be retained. As such, the appropriate level of intensity for general commercial uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity. B. Permitted Uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean commercial use intended to serves the daily needs of residents of the surrounding neighborhoods. Addendum for Section H or West Atlantic Beach. For the purpose of this document, it is the area bounded south by Atlantic Boulevard, east by the Mayport Road corridor, north by Dutton Island Road and west by Main Street. This area is commonly referred to as Section H or West Atlantic Beach. For Section H the permitted uses shall include, but are not limited to the following: manufacturing, warehousing, storage, container service and retail and wholesale operation. These businesses shall and must abide by all Federal, State and local government environmental and safety regulations including, but not limited to their respective industries. There shall be no negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extreme hours of operation. This Addendum shall include the following provisions for Section H only: 1) Allow outside storage of any equipment or vehicles o containers as long as they are properly screened to include a zero lot line fencing. 2) Allow more than one commercial vehicle to be parked at the business, at any time, as long as it is properly tagged and meets all licensing regulations and is in working order. 3) Allow all service related business to occupy the space without a need for use -by - exception as long as if falls under the accepted criteria. C. Where a proposed use is not specifically listed in the section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall be defined within section 24-17. 1) Institutional and government uses, buildings and facilties. 2) Churches in accordance with section 24-153. 3) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principle use. Such dwelling unit is intended to be occupied by the owner or an employee of the principle use. 4) Those uses listed as permitted uses and uses -by -exception in the commercial limited and commercial, professional and office zoning districts. ATTACHMENT A March 27, 2017 5) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area Policy A. 1. 11. 1( b) Single-family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. 6) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection below. D. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. E. Uses -by -exception. Within the CG zoning district, the following uses may be approved as a use - by -exception where such proposed uses are found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: 1) Pet kennel and facilities for the boarding of animals. 2) Veterinary clinic. 3) On -premises consumption of alcoholic beverages in accordance with chapter 3 of the Code. 4) Restaurants with drive-through service where the site contains lanes deciated solely to drive-through business (this shall not be construed to prohibit restaurants with carry -out service, which are a permitted use), except for Section H. 5) Produce and fresh markets with outdoor sale and display of garden product only. 6) Hospitals. 7) Sales of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. 8) Businesses offering live entertainment, not including adult entertainment establishments as defined by Section 847.001( 2), Florida Statues. F. Limitations on certain uses. Permitted uses within the CG zoning district shall not include large- scale retail establishments, which for the purposes of this chapter shall be defined by their size and as follows: Large-scale retail establishments shall include those businesses, whether in a standing building or in a multi -tenant building, which occupy a floor area exceeding sixty ATTACHMENT A March 27, 2017 thousand (60,000) square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large-scale retail establishments are commonly referred to as " big -box" retailers, discount department stores, supercenters, warehouse clubs or by similar terms. Such establishments may offere a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and departments, which may include home improvement, house -wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of shopping centers as these are defined within section 24-17, but shall apply to any building where businesses with separate local business tax receipts may share the same interior space of a building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the city's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the city and further, to implement related goals, objectives, and policies of the 2015 Comprehensive Plan, restated in the part that follows. Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the city (Policy A. 1. 5. 7). 1) The city shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitation upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the city, particularly with respect to the predominantly residential character and small-town scale of the city (Objective A.1.11 —Appropriate land use patterns). 2) The city shall encourage future development and redevelopment, which retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach ( Objective A. 1. 3 — Maintaining residential character). G. Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: 1) Lot or site area: Five thousand ( 5, 000) square feet. 2) Lot width: Fifty (50) feet. 3) Lot depth: One hundred ( 100) feet. H. Minimum yard requirements. The minimum yard requirements within the commercial general zoning district shall be: ATTACHMENT A March 27, 2017 1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet where required off-street parking is located at the rear or side of the building site, and the primary business entrance is designed to face the street. 2) Rear yard: Ten ( 10) feet. 3) Side yard: Ten ( 10) feet where adjacent to existing residential use. Otherwise, a combined fifteen ( 15) total feet with a five ( 5) feet minimum on either side. I. Building restrictions. The building restrictions in the commercial general zoning district shall be as follows: 1) Maximum impervious surface: Seventy ( 70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new development shall not exceed the pre -construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. 2) Maximum building height: Thirty-five (35) feet. 3) Parking. Off-street parking shall be provided in accordance with section 24- 161 of this chapter. Where existing uses, which do not provide the required number of off- street parking spaces as set forth within subsection 24-161( g) are replaced with similar uses ( such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) ATTACHMENT A March 27, 2017 Sec. 24-112. -Light industrial and warehousing districts ( LIW). A. ( a) Intent. The light industrial and warehousing zoning district is intended for light manufacturing, storage and warehousing, processing or fabrication of nonobjectionable products, not involving the use of materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent residential or commercial activities. Heavy industrial uses generally identified as industry groups 32- 37 by the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget shall not be permitted within the LIW district.. The City of Atlantic Beach is a predominantly residential community, with the exception of Section H, and it is a stated goal with the comprehensive plan that the residential character of the city should be retained. As such, the appropriate level of intensity for general commercial uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity. B. Permitted Uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean commercial use intended to serves the daily needs of residents of the surrounding neighborhoods. Addendum for Section H or West Atlantic Beach. For the purpose of this document, it is the area bounded south by Atlantic Boulevard, east by the Mayport Road corridor, north by Dutton Island Road and west by Main Street. This area is commonly referred to as Section H or West Atlantic Beach. For Section H the permitted uses shall include, but are not limited to the following: manufacturing, warehousing, storage, container service and retail and wholesale operation. These businesses shall and must abide by all Federal, State and local government environmental and safety regulations including, but not limited to their respective industries. There shall be no negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extreme hours of operation. This Addendum shall include the following provisions for Section H only: 1) Allow outside storage of any equipment or vehicles o containers as long as they are properly screened to include a zero lot line fencing. 2) Allow more than one commercial vehicle to be parked at the business, at any time, as long as it is properly tagged and meets all licensing regulations and is in working order. 3) Allow all service related business to occupy the space without a need for use -by - exception as long as if falls under the accepted criteria. b) Permitted uses. The uses permitted within the light industrial and warehousing zoning district shall be: 1) Wholesaling, warehousing, Mini -warehouses and personal self -storage, storage or distribution establishments and similar uses. 2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or hazardous operations, within completely enclosed buildings. 4) Contractor' s yards with outdoor storage. Required front yards yard shall not be used for storage, and a six-foot visual barrier shall be installed around such storage areas so as to conceal view from adjacent properties and streets. Page 1 ATTACHMENT A March 27, 2017 5) Heating and air conditioning, plumbing and electrical contractors, wholesale bakeries and similar uses. 6) Vocational, technical or trade schools ( except truck or tractor driving schools) and similar uses. 7) Government buildings, uses and facilities. 8) Minor automotive repair, and boat, trailer or surfboard repair of a minor nature. c) Uses -by -exception. Within the light industrial and warehousing zoning district, the following uses may be approved as a use -by -exception. 1) Bulk storage of flammable liquids or gases subject to provisions of county and state fire codes. 2) Radio, TV and telecommunications transmitting tower. 3) Concrete batching plants. 4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats, automobile parts and accessories ( except salvage yards), machinery and equipment, farm equipment, lumber and building supplies, mobile homes, monuments and similar sales establishments. 5) Establishments for heavy automotive repair, towing service or the permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses. 6) Welding shops, metal fabrication and sheet metal works. 7) Manufacture and production of boats and surfboards. 8) Processing ( excluding animal processing and slaughterhouses). 9) Wholesale food processing. d) Minimum lot size. The minimum size for lots within the LIW district shall be: 1) Lot or site area: Five thousand (5,000) square feet. 2) Lot width: Fifty ( 50) feet. 3) Lot depth: One hundred ( 100) feet. e) Minimum yard requirements. The minimum yard requirements for the LIW zoning districts shall be as follows: 1) Front yard: Twenty (20) feet. 2) Rear yard: Ten ( 10) feet. 3) Side yard: Ten ( 10) feet. f) Building restrictions. The building restrictions for the LIW zoning district shall be as follows: 1) Maximum impervious surface: Seventy ( 70) percent. The maximum impervious surface shall not apply to infill development or redevelopment of previously developed sites. Where existing development exceeds seventy (70) percent, redevelopment shall not increase impervious surface area beyond that existing. Required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. 2) Maximum building height: Thirty-five ( 35) feet. Ord. No. 90-10-212, § 2( Exh. A), 3-8- 10) Page 2 ATTACHMENT B March 27, 2017 DRAFT 3/ 22/ 2017 ORDINANCE 75 -17 - AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE VI, UNREGISTERED AND INOPERABLE VEHICLES, INCLUDING DEFINITIONS, INTENT, LIMITATIONS ON UNREGISTERED AND INOPERABLE VEHICLES, AND ENFORCEMENT, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILILTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been determined that unregistered and inoperable motor vehicles are a public nuisance detrimental to the health, safety and welfare of the inhabitants of the city; and WHEREAS, the City Commission recognizes that the premises of businesses where the location and use of land has been approved by the City are appropriate and safe locations for such motor vehicles; and WHEREAS, it is the desire of the City Commission to cause unregistered and inoperable motor vehicles to be removed and relocated to an appropriate and safe location; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Added. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 21, which shall read as follows: ARTICLE VI. -UNREGISTERED AND INOPERABLE VEHICLES Scc. 21-86. —Definitions. For the purposes of this Article, the following terms shall have the meaning as set forth within this section. a) Enclosed building shall mean a structure having no outside openings other than ordinary doors, windows and other such common features. 0) 7791684 Page 1 of 4 i ATTACHMENT B March 27, 2017 DRAFT 3/ 22/ 2017 b) Enforcement officer shall mean a person designated by the City Manager to enforce the provisions of this Article. c) Unregistered motor vehicle shall mean a motor vehicle which does not have a valid and current motor vehicle license tag affixed thereto. d) Motor vehicle shall mean any self-propelled vehicle designed primarily for transportation of persons or goods along a public street. e) Private property shall mean any real property within the city that is privately owned and which is not defined as public property. f) Public property shall mean lands and improvements owned by the Federal Government, the state, the county, or a municipality. g) Inoperable motor vehicle shall mean a motor vehicle that is incapable of legal operation under its own power upon a street due to its physical condition. Sec. 21 -87. -Intent. It is the intent of this Article to regulate unregistered or inoperable vehicles on private property, which have been found to be a public nuisance detrimental to the health, safety and welfare of the inhabitants of the city. Sec. 21 -88. -Limitations on unregistered and inoperable vehicles. No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on any private property for a period longer than seventy-two ( 72) continuous hours as observed and documented on at least two separate days by an enforcement officer; except when one ( 1) or more of the following conditions apply: a) The vehicle is within a fully enclosed building; or b) The vehicle is on the premises of a business where the location and use of the land has been approved by the City as appropriate and safe for such vehicles. Sec. 21-89. —Enforcement. Whenever a violation of this Article has been determined to exist, the following enforcement procedures shall apply: a) A notice shall be posted upon the motor vehicle in violation. The notice shall not be less than eight ( 8) inches by ten ( 10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for ten ( 10) days. The notice shall contain the following: Page 2 of 400779168. 1 ATTACHMENT B March 27, 2017 DRAFT 3/ 22/ 2017 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED MOTOR VEHICLE This motor vehicle, to wit: (setting forth brief description of the motor vehicle) located at ( setting forth brief description of location) is in violation of (set forth ordinance or regulation violated) and must be removed from this location or brought into compliance within ten ( 10) days from the date of this notice. You have the right to file a written request with the Atlantic Beach City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233, within ten ( 10) days from the date of this notice, for a hearing before the Atlantic Beach Code Enforcement Board, at which you may present evidence to show that the subject motor vehicle is not in violation of (set forth ordinance or regulation violated). if you neither timely file a written request for a hearing nor remedy the identified violation(s) within ten (10) days from the date of this notice, the motor vehicle shall be removed by the City. The owner of the motor vehicle shall be liable for the costs of removal and storage. Dated this: (set forth date of posting of notice) Signed: ( set forth name, title, address and telephone number of enforcement officer) b) On the date the notice is posted on the subject motor vehicle, a certified letter providing notice of the violation, potential corrective actions, the right to a hearing before the Code Enforcement Board, and the procedure for requesting such a hearing, shall be sent to the real property owner of the property where the vehicle is located, whose name and address is known by reference to the latest ad valorem tax records published by the county property appraiser. c) A certified letter providing notice of the violation, potential corrective actions, the right to a hearing before the Code Enforcement Board, and the procedure for requesting such a hearing, shall be sent to the owner of the subject motor vehicle, if known, on the date the notice is posted. d) If,after ten ( 10) days from the date the notice is posted on the subject motor vehicle, the violation(s) have not been corrected and a hearing before the Code Enforcement Board has not been timely filed in writing with the City Clerk, the code enforcement officer shall have the motor vehicle removed from the property as set forth in Article 3 of this chapter and shall notify the Police Department immediately in a manner as prescribed by the Chief of Police." e) The timely filing of a written request for a hearing before the Code Enforcement Board shall operate to stay removal of the subject motor vehicle until such time as a hearing before the Code Enforcement Board is held. 00779168. 1 Page 3 of 4 ATTACHMENT B March 27, 2017 DRAFT 3/ 22/ 2017 SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this ordinance invalid or unconstitutional. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of 2017. PASSED by the City Commission on second reading this day of 2017. CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Page 4 of 4 00779168-1 ATTACHMENT C March 27, 2017 What are Form -Based Codes? This brief slide show explains how form -based codes _.= help -communities achieve developmentgoals. - f ,bor.' r Tawandunc Silt* ATTACHMENT C March 27, 2017 Form -based codes (FBCs) seek to restore time - tested forms of urbanism. They give unity, efficient organization, social vitality,and walkability to our cities, towns, and neighborhoods. fpr rams naPpow v. ...ATTACHMENT C ii»ar w ooit *'Pan ridMarch 27, 2017 inionsirwm, Sae FBCs are a response to the past half -century of Y w C'1y*W) .i 1 tikla' ilarvdket urban development, when regulations have been and aRya rtartsor f'MK*more concerned with controlling land uses rather Ord sera finI''r1 WW1, Manna Accgiamonimi,than shaping the physical form of our communities, Bulawale Shoop trutrawa 34011.---ChOfted 3/ 11111 Om fir- r y T `' 0.00pm t46 a.m-It Z rsoirdr a C1 17.11 Pet 2r4 talcum tams. Tools aro ta! I iit rii• atm Supplies Finant.tal tnststuttons ismmumsiiSui nd CoatFul Fu.Furrature, 1,400,40 ccostungs Apolsances General Rea%Sates 12.000 sQ It or le5S (not oeketvise rEtgulated) (*) Retail sates vea 1GOO SQnt ATTACHMENT C March 27, 2017 The current system of zoning was devised to prevent undesirable juxtapositions, like factories next to homes, and incompatible scales of development. WNW 11 ATTACHMENT C March 27, 2017 Separating incompatible land uses is sensible. But many diverse land uses are compatible and their unnatural separation can be harmful to communities. However, the rationale of separation became an unquestioned planningconvention, one that needs closer examination. ATTACHMENT C March 27, 2017 Standard zoning has led to communities being divided and separated into sectors, with zones for apartments, large houses, small houses, shopping, offices and industry. To move among these everyone has to drive (or be driven). ATTACHMENT C March 27, 2017 The unintended consequences have been sprawl .. the disassembling of our cities . , . populations divided by income .. . ATTACHMENT C March 27, 2017 Transportation planningwith a single-minded concern with vehicular movement has further eroded community life. ATTACHMENT C March 27, 2017 Arterial street Post-war transportation theory conceives of three types of streets: collector streets (red) which feed vehicles from slow local streets (yellow) to high- speed arterials (purple) for distance travel. For new streets, this has become the norm across the United States. Collector street ATTACHMENT C March 27, 2017 Arterial But this results in fragmented street street systems. Little Mary might see her playmate's house a short distance away. but if she wishes to bicycle there, she may have to go surprising distances, including on fast collectors and arterials. For pedestrians, distances are tiring and streets don' t connect as you expect. Collector street ATTACHMENT C March 27, 2017 Communities often don' t like the results of modern zoning and transportation planning. They want a better future, one where different planning professionals are not working at cross purposes, where planning integrates all the concerns of a community into a workable whole. Yet communities struggle to find a better way. ATTACHMENT C March 27, 2017 Form -based codes offer a new way of thinking about development regulation and helping communities holisticallyshapetheir futures. They help to achieve desired urban forms, such as .. . ATTACHMENT C March 27, 2017 vital centers supportive of businesses both big and small... neighborhoods and streets that are safe and attractivefor walking and bicycling... ATTACHMENT C March 27, 2017 preservation of community history . , and protection of the environment. Dodson. & Flinktr Asxockett ATTACHMENT C March 27, 2017 How do Form -Based Codes do this? ATTACHMENT C March 27, 2017 Informed by community needs and goals, FBCs are a set of design regulations that give form to the built landscape to achieve those aspirations. ern, %) n1 I•1IANu 2Lr'rly 80, 10( 010/ 1 tuft F0' 4144640 CODE I l\1k+Ftl wb. saw ATTACHMENT C March 27, 2017 Creating a form -based code begins with asking a community to envision its future. ATTACHMENT C March 27, 2017 Concepts are not enough. A vision needs to show building types, the relationship of buildings to public spaces, types of streets and where they go, placement of parking, the size of blocks, and so forth. After this vision is drawn . a. 1 r _ It CG = 4. V ! . r PI V a AaL- ATTACHMENT C March 27, 2017 a form -based code is drafted to implement it. The code contains standards that are regulatory not advisory. They are not mere design guidelines. Shopfmnt Building Site Tnnsnhouse a Resident.! Flus Site; They don' t just propose, they require. ATTACHMENT C March 27, 2017 Form -Based Codes are composed of Building Form Standards and Public Space Standards mapped to a Regulating Plan. Stwrfrari Sulding Sites Towilhau<c Si. 4rkplac Ei Residciuui flim Stu rr, r— Building Form Sten .177 Public Space StandardsRegulating Alen. ATTACHMENT C March 27, 2017 Building Form Standards regulate simple things like: how far buildings are from sidewalks, how much window area at minimum a building must have, how tall it is in relation to the width of the street, how accessible and welcoming front entrances are, and where a building' s parking goes. ATTACHMENT C March 27, 2017 Building Form Standards can profoundly affect how public spaces like streets, squares, and parks are experienced and used. Building orientation is key. ATTACHMENT C March 27, 2017 BuildingForm Standards can require buildings to have windows and welcoming entries. They should contribute to life on the sidewalk. ATTACHMENT C March 27, 2017 Building Farm Standards designate where parking should go. For example, the standards can require the placement of parking to the rear of buildings to ensure that it doesn' t get between buildings and pedestrians. ATTACHMENT C March 27, 2017 In the absence of such standards, building designs tend to become idiosyncratic, even eccentric. They cannot be assembled to create streets that are unified and pleasing public spaces. ATTACHMENT C March 27, 2017 Some architects fear that Building Form Standards will restrict their creativity. In reality, the standards that require walkable urbanism do not limit architectural creativity and invention. They simply require that buildings support and shape the publicspaces of a town or city. ATTACHMENT C March 27, 2017 Building Form Standards control the use of land in a more indirect way than standard zoning. They don' t give the long and ever expanding lists of acceptable uses that zoning codes typically contain. Rather, they describe general uses. And they try to guide land use through buildingtype. For example, if a community wants a pedestrian -friendly main street, its standards would prescribe shopfront or mixed-use buildings. Require this building type .. to avoid this ATTACHMENT C March 27, 2017 Public Space Standards regulate the form of streets and squares. Effective standards create comfortable and useful spaces for many activities, includingwalking, bicycling, driving, publictransit, and a community' s social life. They ensure that public space works for everyone, not just for the movement and storage of cars. ATTACHMENT C March 27, 2017 Public Space Standards regulate not just individual streets, but also how streets interconnect and function as systems. Contemporary auto -oriented street system Walkable interconnected street system ATTACHMENT C March 27, 2017 Many FBCs regulate block dimensions to keep blocks small and streets inter- connected. An interconnected street system allows more routes between locations. This encourages walking and exploration. Automobile traffic also gets lightly distributed over many streets rather than funneled onto a small number of super -sized streets. ATTACHMENT C March 27, 2017 Urban designers can design streets to EMMEN' tintersect at right angles or have inter-mummum esting deflections and curves. FBCs make Obsommem sure the block dimensions stay walkable. u.n!h I lii Street types are formulated not just as MUNN Iconduits for cars, but also as public spaces 1. that invite walking, with a rich mix of ONO1 buildings and uses. tIOW ON Google,DigitatIG toteVIEW EL traltftliMEM. Mai in atz AittS ATTACHMENT C March 27, 2017 A shopping street is a different kind of street than a boulevard, which is different from a residential street, which is different from a rear alley. There are several different types of streets. For this presentation we' re only showing three. Residential street I Td * ? fly ino 11::11 •-..t.-or el* —r Shopping street Multi -way boulevard DOwtr, Ipohkand Pertr:-r :, ATTACHMENT C March 27, 2017 The different Building Form Standards and Public Space Standards are assigned to streets and blocks in a Reauictina Plan. A Regulating Plan plays a key role in a form -based code. Building Farm Standards Public Space StandardsRegulating n1a n ATTACHMENT C March 27, 2017 By looking at the Regulating Plan, a property owner can quickly see the design regulations governing his or her property. She knows what can be done on the site without havingto study the entire code. Building Form Standard Public Space Standard Regulating nla n ATTACHMENT C March 27, 2017 Form -based codes, with their generous illustrations and simple diagrams, clearly convey a community' s intentions for an area. FBCs are designed for quick and convenient understanding. 1* gerrie es tt _. r-•-'ei/•/'+'> srkerpe fro-r eree err r e of -w ooer 11 ; 11. JL I ' 17ler[ ' tir: 401,SIN 0 IWO A.11104 0 O Sr,rr e`tPer land Lao. Iv ra " as w IOW 110. 11PiNi 17 ATTACHMENT C March 27, 2017 By putting all the important decisions about urban form in simple regulations, FBCs cut through red tape and protracted review processes. lt m u'r teh g es gn ,Review Board tietday October 9. 2012 ATTACHMENT C March 27, 2017 FBCs provide greater certainty of outcome. Their form -based regulations ensure that a community' s vision will be more than wishful thinking. It will be enforced. THE CO IA PIKE ESE C i, 4l_ 1KEVITA 7 TION FORM -BA ED CODE tF.7, K) rf C1 C: l.I N ANT N171 Al r Hi I( tii.; F;illiWlti\I I't 6;1K- (-4 )11'.I -14A5EI) ti4 101)I LS17tIt iw ATTACHMENT C March 27, 2017 Communities have adopted form -based codes to guide development at many scales, from streets to neighborhoods to entire cities. 71Firrr 714 M. Any City street Neighborhood ATTACHMENT C March 27, 2017 The number of communities adopting form - based codes in North America is rapidly accelerating... 14T emsTr- -r 7 Number of adopted codes over time 2000 ATTACHMENT C March 27, 2017 including major cities Tike Miami, El Paso, and Cincinnati. al, . -IP % N ?., Lam` f i + A14 mart s= iar.r Ior 4 iffr r... dempoi Cincinnati Form-Based, C 4frAP moi' AL " i-raer4 de- r ; +'• V•ArAtie.At.,-d jam 2":44*.4E4" r45144t1121$•-M4, 01.41argeOZ11744Z-IS 4411p4p 414. " 4k - Janie~ l. . ` yrr t . ss 4.41";: cinili 74:-.. Op icas : gn Jr IP M V. /Allir4141. a ' ivi. ,..; r 64. sem• ter ATTACHMENT C March 27, 2017 Adopted form -based codes are transforming communities across the United States. Form -based codes have been described as the DNA of livable communities. Since 2008, I' ve been working with neighborhoods around the city, to make this powerful alternative to conventional zoning available to our Cincinnati neighborhoods. Roxanne Qualls, Vice -Mayor, City of Cincinnati, Ohio For our Columbia Pike corridor, creating the Form -based Code was a powerful vehicle to coalesce the aspirations of the community into an effective plan --- one which both citizens and prospective developers can understand... Residents wanted to convert an auto -oriented strip into a walkable Main Street. Ten years later, we can see the transformation well underway. Chris Zimmerman, county Board Member; Arlington county, Virginia Nashville has adopted form -based codes for over 30 districts, corridors, and neighborhoods. The direct result has been an increase in property values and a much greater desire to develop in areas with FBC' s due to the certainty that the code provides the developer and the community. Rick Bernhardt, Planning Director, Nashville, Tennessee ATTACHMENT C March 27, 2017 Explore our site to read articles, get answers to Frequently Asked Questions, see example codes, and learn about instruction opportunities. r NTLI morn ' siumeo lrt).,L1 FBCI Courses & Webinars Ccaries: Intrntltsrtnry Cour!1e n+;*FSC 1010: ABCs of FHCs On-Un0Valars0f,F>r-Oared codas Now iires bins dt* $* now ineadelrerr RESISTEREtiCaka, thi: Whoa nmbawid MOM rep MI! Mrs 0croa feeder AID of Ferrn. amed Coots. Q ati w b1. Webinars: a>tip nems a inget4odieri f OteAVrti 4,c'+aPv001010V IMITVCovra og i rn r_M oorgrti raepa glory tach to Moor comes tity bon and character. The max pea a meds owNaw en a pLAT -510 .U.Bshta`= M.ei aid yore pnt+<mSnd t~the coveter of tine rpia*v +thp tom. red ! MOIL The+r1e., wb ti a odmeinahemlimaUs !Witt ar"anittO kora vow borer! v +mm a *Db dee a *peg wr+of intr6 Ira. a r..ftm nem a 9r. woe sie amen The mune a compose" or seder, wtdt recantedt.dti t sepments rimed n mead* a;onawenudo++ti nedeld a. apnneres me a w14b seas mares ten atm* ht eidme i tua. K wwvs e> a+NOM w ar® g Dns to cage • ccimorcarrneor bode of imariedges or.tion-Adradautrotw*br newer, itemereedrare Tt4610 arrr retire ar,sa. r, WIta. a Advanced Courses POC 201: Prtlpring 4 4 Code: Design Cassidarstions December s -S mu w Pasadena. u *ISMER eery ) 1 -Fabrw+Y OL) M ChrcMno*. 011 REGISTER1, ] Maeda 23. in Tempe, ! t. 'ROISTER26.2013 ATTACHMENT C March 27, 2017 Image Credits dAli images were provided by Stet Price unless noted beTow} srl 01 Regcrlating mop, street cross sertk, briIfdr'sp diogrram,$ pikovvslci Planning Associates, Dover, x hl and Pa r; ners tcwnhayse Sites standards, Ferrell Madden se'e; s-w_3drnodel. Dover, flohl and Partners 04 ilfrrto1w pkveogropn, puce( is domain 06 Chard en and driver photographs, vreer.corn Traffic photograph, 4StoCkphzro.carn tl' , ent0phologritir, singMaps, lAkrosofCorporatiof, 11$ Aenoiphompraphs, Bing Maps, Microsoft Corporation 10 Sotrnite vtiw, Google/ D ghat Globe II SratrArte view, Google/ D'ealtatGlobe. owrtuy try Steve Price 12 Sotehitte vie*. Googlel0agitalGiobe, oa}aybySteve Priceer>< 16 8.&rrfs-eye rimming, Dodson & FlinlserASsoc!ates 19 Perspeccrve wotercofor. Dover, Kohl and Partners CV'20 diel; tri?ve p dn, Dover, Kohl clod Partners 21 RrgvJatiag roop, street cr+ Assoctaes.as.:sections, SoikowsiciPia nn n Dov'ei,. Kohl and Partner Bolding form Wfcii7rds. ferrel( Madden 22 Re u,lobriq mop, street crass sections, Sptkowsi Kenning Assoc , Raver, Kohl and Partners Building farm startdord., ferrel I Madden 31 SotaiGtr photographs, GoogfeiD; gitatGlobe 32 $ tc+ltrte photograph,.G ogieI D!$ ita I Globe, overloy by Steve Price 35 Sotefite photogrophs, Googlel0igitai Globe, overlays by Steve prcce 34 Street mass stele/as, Sp' kowSki Planning Associates, Dover, Kohl and Partners 35 RrgviptJrrg rrxip suet cross sections. Spikowski Ptenning AS$OcilittteS, Dasa?. Kohl and Partners