Item 1A-Draft Minutes of 2-12-18 Commission MeetingIN ATTENDANCE
Mayor Ellen Glasser
Commissioner Candace Kelly
Commissioner Brittany Norris
Commissioner John Stinson
Commissioner M. Blythe Waters
Invocation and pledge to the flag
MINUTES
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
FEBRUARY 12, 2018 -6:30 PM
City Attorney Brenna Durden
City Manager Joe Gerrity
City Clerk Donna Bartle
Recording Secretary Nancy Pyatte
Pastor Joe Viera, from Vineyard Church, gave the Invocation, followed by the Pledge of Allegiance to the
flag.
Call to order
Mayor Glasser called the meeting to order at 6:35P.M. City Clerk Bartle called the roll and Mayor Glasser
noted that a quorum was present.
1. Approval of minutes
A. Minutes of the regular Commission Meeting on January 8, 2018.
B. Minutes of the regular Commission Meeting on January 22, 2018.
Mayor Glasser asked if there were any corrections to the above minutes. There were no changes or
corrections and the minutes stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Glasser welcomed former Mayor Reeves.
A. Kevin Brown, Fletcher High School, AICE Marine/Environmental Science, Update on
Planting of Sea Oats.
Kevin Brown, Fletcher High School faculty, addressed the Commission. He introduced two of his students
who are a part of the Marine Coastal Club, Jessica Conover and Katy Carnes. Mr. Brown spoke about the
science of the dunes and the planting of sea oats. He also spoke about the various other projects of the
Marine Coastal Club that cover the status of sea turtles, birds, gopher turtles, and rabbits. Mr. Brown
acknowledged his student, Katy Carnes, for completing an environmental project for notification signs to
stay off the dunes, in compliance with the Florida State Statutes.
Mayor Glasser thanked Kevin Brown and the Fletcher High School students for their work.
Mayor Glasser opened Courtesy of the floor and explained the process for public comments. City Clerk
Bartle confirmed there were six speaker forms submitted. Mayor Glasser stated each person will be
allowed five minutes to speak.
City Clerk Bartle called the speakers:
Beth Gunter, provided the Commission with handouts about Art II Dogs and Cats, and spoke about animal
waste left in her yard.
Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
Jerry Smith, spoke about item 8A, stating he is opposed to the project having driveways enter/exit on East
Coast Dr.
Mitch Reeves, spoke about the legislature and fighting for home rule, the fund raiser event held at Town
Center, and the Beaches Watch State of the Beaches. He also spoke about and questioned the $5 million
FEMA reimbursement amounts relating to the past hurricanes. Mr. Reeves asked the Commission to defer
action on item 8B, Selva Preserve Plat.
Stephen Fouraker, spoke about item 8D relating to parking.
Andy Stelzsmann, spoke about the Gate Gas Station.
Lisa Herrold, did not wish to speak, is opposed to item 8A.
Mayor Glasser closed courtesy of the floor.
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.
Mayor Glasser read the title into the record.
A. Acknowledge receipt of the Monthly Legal Report for December 2017 and Building
Department Monthly Activity Report for January 2018.
B. Authorize the City Manager to sign the St. Johns River Management District Cost-Share
Funding Program Application fmm for the Sewer System Expansion Project.
C. Declare the provided list of property as surplus so that the items on it may be disposed of in the
most beneficial way to the City.
Motion: Approve Consent Agenda Items 4A, 4B, and 4C as written.
Moved by Waters, Seconded by Stinson
Roll Call Votes:
Aye: 5 Norris, Stinson, Waters, Kelly, Glasser
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
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Agenda Item 1A
March 12, 2018
February 12,2018 REGULAR COMMISSION MEETING
6. Action on Resolutions
A. Resolution No. 18-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC UTILITIES DEPARTMENT TO PURCHASE THREE (3) GORMAN-RUPP PUMPS
FOR THE WASTEWATER TREATMENT PLANT.
Mayor Glasser read the title of the Resolution into the record.
City Manager (CM) Genity addressed the Commission stating these pumps are normal maintenance items
and are in this year's budget.
Motion: Adopt Resolution No. 18-03 as read.
Moved by Kelly, Seconded by Waters
Roll Call Votes:
Aye: 5 Stinson, Waters, Kelly, Norris, Glasser
Nay: 0
MOTION CARRIED
B. Resolution No. 18-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC UTILITIES DEPARTMENT TO PURCHASE ONE GEA WESTFALIA ROTATING
ASSEMBLY.
Mayor Glasser read the title of the Resolution into the record.
CM Genity addressed the Commission stating this is a sludge dewatering centrifuge assembly to keep in
reserve for backup in the event of equipment failure. This item is in this year's budget.
Motion: Adopt Resolution No. 18-04 as read.
Moved by Waters, Seconded by Nonis
Roll Call Votes:
Aye: 5 Waters, Kelly, Norris, Stinson, Glasser
Nay: 0
MOTION CARRIED
C. Resolution No. 18-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, A WARDING BID
#1718-02 FOR THE MARSH PRESERVES ADA VIEWING/FISHING PIER AT DUTTON
ISLAND.
Mayor Glasser read the title of the Resolution into the record.
CM Genity addressed the Commission stating this is part of the Marsh Master Plan (MMP) approved by
the Commission in 2012. There were three projects to be completed in 2014-the 6th Street Overlook, the
Kayak Launch, and the Viewing Platform/Fishing Pier (Fishing Pier). Due to a budget shortfall the
Fishing Pier could not be constructed and it has been brought back into this year's budget.
Deputy City Manager (DCM) Hogencamp addressed the Commission stating there has been suggestions
to have this project vetted by the Environmental Stewardship Committee (ESC) and Staff has no objection
to this.
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
Discussion ensued from the Commission about the project not getting funded in 2014, about the MMP
overlapping with the Parks Master Plan (PMP), and about the project being a FIND Match Grant (a 50%
match). CM Gerrity stated the grant does not obligate the City to proceed with the project.
Mayor Glasser asked City Attorney Durden about deferring action on the Resolution. Ms. Durden
confirmed action could be deferred.
Motion: To defer action on Resolution No. 18-05 and refer to the Environmental Stewardship
Committee for recommendation.
Moved by Waters, Seconded by Norris
A lengthy discussion continued from the Commission about obtaining an inventory of ADA accessible
parks/facilities in the City, having input from the Nmih Florida Land Trust on the project, the MMP
including a zip line, ESC evaluating this project and other options, uses at Dutton Island, projects for
Marshside, adequate parking, and repurposing the funds to next year's budget.
Roll Call Votes:
Aye: 5 Kelly, Norris, Stinson, Waters, Glasser
Nay: 0
MOTION CARRIED (to defer and refer to ESC)
7. Action on Ordinances
A. Ordinance No. 90-18-232, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT
CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE
STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY
COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED BY ORDINANCE 90-17-229,
APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28,2017, FOR A
PERIOD OF FOUR MONTHS FROM FEBRUARY 22,2018 TO JUNE 22, 2018; PROVIDING
FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO.
90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Glasser read the title of the Ordinance into the record.
City Attorney Durden addressed the Commission explaining the current moratorium expires this month
and this Ordinance is to request an extension from February 22,2018 to June 22,2018. Ms. Durden stated
this topic has been discussed at length, at several public meetings, resulting in several drafts of the
Ordinance. The additional time allows staff to refine the code required for adopting the new provisions
addressing automobile service stations and related uses. City Attorney Durden recommends approval of
the extension in order to present a final draft.
Public Hearing
Mayor Glasser opened the Public Hearing and explained the process for public comments. City Clerk
Batile called the speakers:
Mitch Reeves, spoke in opposition to the extension of the moratorium and spoke about the RaceTrac gas
station on Maypmi Road in Jacksonville.
James Urbuk, spoke in favor of the extension of the moratorium and spoke about the RaceTrac gas
station on Mayport Road in Jacksonville.
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
Andy Stelzmann, spoke about the Code Enforcement Board.
There were no other speakers and Mayor Glasser closed the Public Hearing.
Commissioner Stinson inquired if there was a copy of the most recent draft ordinance available for review.
City Attorney Durden responded there is a draft dated January 24, 2018 which was presented and
discussed at the Town Hall meeting held January 27,2018.
Commissioner Kelly inquired about enacting a ban on new gas stations and if that action could be
reversed. City Attorney Durden responded if a ban on new gas stations was written into the Code a
Commission could reverse a code provision.
Commissioner Nonis inquired about the four month extension. City Attorney Durden responded that
amount of time was based on input from staff, work schedules, public notice requirements, public
meetings/workshops and having that time would eliminate the need for further extensions.
Commissioner Waters stated, for clarification, that the RaceTrac gas station on Mayport Road is in
Jacksonville and has nothing to do with this moratorium for Atlantic Beach (AB).
Motion: Adopt Ordinance No. 90-18-232 as read on first reading.
Moved by Nonis, Seconded by Waters
Discussion ensued fi·om the Commission about the number of public meetings held on this topic, about the
prior draft ordinances not satisfYing the public, about the number of extensions, and about the language in
the code defining the decisions going forward. There was discussion about working with Jacksonville
(JAX) to create the Mayport Overlay District so that regulations are the same for both sides of Mayport
Road. (JAX and AB)
There was continued discussion about defening action until after Item 8C was discussed, the multiple
drafts presented to and not accepted by the public, the cunent moratorium expiring before the next
Commission meeting, and Item 8C being discussion only, no action.
Roll Call Votes:
Aye: 5 Norris, Stinson, Waters, Kelly, Glasser
Nay: 0
MOTION CARRIED
B. Ordinance No. 5-18-65, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA REPEALING SECTION
2-19 OF THE CODE OF ORDINANCES, RULES OF CONDUCT AND PROCEDURE AT
MEETINGS, SUBSECTION (7), THE ORDER OF BUSINESS, OF THE CITY COMMISSION;
ADOPTING NEW SECTION 2-19(7); PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Glasser read the title of the Ordinance into the record.
City Attorney Durden explained this addresses the order of business for meetings, providing a new
Section 2-19(7). This moves the City Manager Reports and City Commissioner Repmis up to the third and
fourth items and adds the opportunity for Closing Comments at the end.
Motion: Adopt Ordinance No. 5-18-65 as read on first reading.
Moved by Nonis, Seconded by Kelly
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
Discussion ensued from the Commission about improving the process of meetings, viewing meetings via
the City's livestream, being disciplined with comments, the number of meetings this change has been
discussed, and Florida League of Cities recommending this format.
Roll Call Votes:
Aye: 5 Stinson, Waters, Kelly, Norris, Glasser
Nay: 0
MOTION CARRIED
Mayor Glasser called for a recess at 8:00P.M. and reconvened the meeting at 8:05P.M.
8. Miscellaneous Business
A. Public Hearing-PLAT17-0004
Request for re-plat approval as required by Chapter 24, Article 4 ofthe Code of Ordinances
at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10, and 12 Block 2 (54 East Coast Drive,
329, and 331 Ahem Street).
Mayor Glasser read the title into the record.
Planner Derek Reeves addressed the Commission refening to the slides on display and the detailed agenda
for the proposed 12-unit townhouse project, consisting of four buildings, each three stories tall. He
reviewed the site maps, the proposed plat, the need for a plat approval, and the plans for the property. Mr.
Reeves addressed the analysis and concerns and explained the action to be taken.
Planner Reeves explained what is before the Commission is the request for approval for the division of the
land resulting in three or more lots to be platted. The Community Development Board (CDB) has reviewed
and approved the application.
The applicant, Rick Johnston, addressed the Commission. He spoke about working with staff and working
with the community to be accommodating and to have a conforming project.
Public Hearing
Mayor Glasser opened the Public Hearing and explained the process for public comments. City Clerk
Bartle called the speakers:
Paula O'Bannon spoke about her concerns with vehicles parking and extending into the sidewalks, and
concerns about the turn-arounds.
There were no other speakers and Mayor Glasser closed the Public Hearing.
Discussion began from the Commission about restricting the tum-m·ounds from being used as additional
parking spaces, the sidewalks on Ahem St., and restricting vehicles from backing out onto East Coast Dr.
because ofvisibility.
City Attorney Durden addressed the Commission explaining options for adding provlSlons, such as
restricting use of the turn-arounds as parking spaces, and restricting vehicles from backing out onto East
Coast Dr. One option is the Declaration of Restrictive Covenants (a legal document) that can include these
types of provisions. Another option is to put the provisions that apply to the development on the face of the
plat.
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Agenda Item 1A
March 12, 2018
February 12,2018 REGULAR COMMISSION MEETING
There was discussion suggesting the addition of low-mounted signs or surface markings for 'No Parking'
in the tum-arounds for the residents/guests. The applicant, Mr. Johnston, favorably acknowledged using the
suggestions. Mr. Johnston stated it will be a controlled environment with visibility for vehicular access and
flow. He stated the Covenants and Restrictions have been drafted for a townhome community and address
parking, tum-arounds, driveways, garages, listing restrictions so there cannot be any impact to a neighbor.
Discussion continued about the platting stage, adding restrictive covenants, and the platting stage being the
final Public Hearing oppmiunity to address and ensure there are no development issues. It was noted the
plat approval needs to reflect the citizen's concems relating to East Coast Dr., visibility, sidewalks, traffic,
and parking.
Mr. Johnston spoke about the Covenants and Restrictions, working on the plat and the development plan
simultaneously to reflect what will be built, and working closely with the City to make sure it worked.
Discussion continued about Ahem St. and East Coast Dr. access and safety issues.
Motion: To approve Plat 17-0004
Moved by Stinson, Seconded by Kelly
A lengthy discussion ensued about the plat, noting:
• it meets Code and accomplished without exceptions/variances/waivers.
• it is similar to neighboring developments.
• the safety issues have been addressed on East Coast Dr.
• Ahem St. is improved with sidewalks.
• it received unanimous approval from the CDB.
• it is a good fit bordering residential and commercial areas.
City Attomey Durden stated she will be working with Mr. Johnston on the language for the Declaration of
Restrictive Covenants. She clarified that the signage for 'No Parking' in the tum-arounds for the
residents/guests will be no higher than four ft., and/or will be surface markings, and/or will be wheel stops.
The applicant, Mr. Johnston, stated he agrees to the signage suggestions for 'No Parking' in the tum-
arounds for the residents/guests will be no higher than four ft., and/or will be surface markings, and/or will
be wheel stops.
Roll Call Votes:
Aye: 5 Waters, Kelly, Norris, Stinson, Glasser
Nay: 0
MOTION CARRIED
B. Selva Preserve Plat
CM Genity explained this prope1iy is environmentally and politically sensitive and he believes there are
still questions and issues to resolve before this application is presented to the Commission for plat
approval in two weeks. Mr. Genity invited environmental experts for the City's flood plan and
environmental issues to take pari in the discussion and introduced them as follows:
• Stephen Swann, ME, PE with Applied Technology & Management Inc.
• Jonathan Summerfield, Sr. Environmental Scientist with Environmental Resource Solutions
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
Planner Derek Reeves addressed the Commission refening to the slides on display and distributed an
updated copy of the detailed Staff Report (which is attached and made part of this Official Record as
Attachment A) for the proposed plat for 11 lots for single family homes, including a private gated road
and conservation area in Selva Preserve. He reviewed the site maps and the proposed plan and addressed
the analysis and concerns. Mr. Reeves explained the possible waivers, the CDB recommendation for
waivers, and that the action for the Commission is to achieve consensus to set a public hearing for February
26, 2018.
Planner Reeves spoke about the 50 ft. buffer from water features, requiring the buffer to be measured from
the mean high water mark/line. He spoke about the 25-ft. upland buffer from wetlands. He stated there
will be tree removal and tree mitigation involved in this project.
The applicant, Zach Miller, addressed the Commission about the project. Mr. Miller spoke about the 25-ft.
upland buffer, what the cunent code requires, and that the proposed plat meets code requirements. He
spoke about the option of doing a bunn/swail system that would require a waiver. Mr. Miller stated his
preference is not to ask for a waiver. If the Commission wants the waiver for the bunnlswail system he
will comply.
Next Mr. Miller addressed the mean high water line. He stated he confirmed with environmental experts
that Shermans Creek is not tidal, therefore there is no mean high water line. Mr. Miller explained he is in
the process of measuring the ordinary water mark and is willing to do a 60-ft. buffer and include this
language on the plat. Mr. Miller stated the goal is to meet every applicable section of the Code without
applying for waivers.
There was discussion about the mean high water line. This is usually done where there is a lot of
movement in the water -rivers, oceans, etc. Shermans Creek does not have a lot of movement and is not
influenced by the Intracoastal Waterway.
Commissioner Kelly inquired about the tree removal and mitigation on this project. Mr. Miller introduced
Ryan Carter of Cmier Environmental Services to address this topic.
Mr. Carter addressed the Commission stating he has been involved with this project for twelve years and
explained the tree removal is for the purpose of increasing the grade of the sites. He confirmed the
proposed mitigation is to reinstall approximately 931 trees in the area, including the wetland enhancement,
the wetland creation, and the wetland restoration. The tree species will vary with the land to enhance,
restore, or create wetlands. Mr. Cmier stated the mitigation plantings will be approximately 5 ft. to 6 ft. in
height, and will be appropriate for the area.
Commissioner Stinson inquired about advantages or disadvantages, to the developer and to the City, of
measuring to the actual water line and/or the mean high water line.
Commissioner Waters inquired about the definitions, interactions, and influence of non-tidal water vs.
tidal water activity.
Jonathan Summerfield, Environmental Resource Solutions, provided a lengthy, technical explanation
about tidal vs. tidal influence, a mean high water line being determined by a surveyor, and this area not
having a lot of movement or influence, thus no mean high water line in the area.
Stephen Swam1, Applied Technology & Management, agreed with Mr. Summerfield's summation. Mr.
Swann responded to the inquiry about advantages or disadvantages relating to water lines and stated there
were no advantages to a developer.
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
A lengthy discussion ensued about the determination of a mean high water line, imposing conditions on
this development, secondary access, and the prior dredging of Shermans Creek by the Army Corps of
Engineers.
City Attorney Durden commented about imposing conditions and stated she will be working with the
applicant, Zach Miller, to develop the Declarations of Restrictive Covenants.
Discussion continued about the definitions of bunn/swail systems and the buffers, the applicant not
wanting to apply for waivers, the creation/enhancement/restoration of wetlands, wetlands protection,
stormwater ponds, and mosquito growth. It was noted that bunn/swail systems need to be specific in the
Covenants and Restrictions for enforcement and compliance purposes of maintaining them.
City Attorney Durden spoke about compliance for the burrnlswail systems and explained that the proposed
Covenants and Restrictions should designate the Homeowners Association (HOA) for enforcement. Ms.
Durden explained the City's practice and requirements for providing a Declaration of Restrictive
Covenants that provides for the maintenance of any easements, provides access to the City to ensure storm
water particulars, and any/all particulars for the development are covered in the Declaration, and
substantial provisions regarding conservation easements, buffers, private road maintenance, and storm
water system.
The applicant, Zach Miller, concurred with the City Attorney.
There was discussion about the design and depth designation of the bunn/swail systems and it was
suggested that the developer use the criteria established by the St. Johns River Water Management District
(SJRWMD). Mr. Carter stated the burm/swail system plans have been reviewed, approved, and permitted
by SJRWMD. Discussion continued about the pros and cons between a buffer vs. a bunn/swail systems.
Commissioner Stinson commented about the applicant's reasoning for not wanting to apply for waivers
but his willingness to do so if the Commission asks for it. Mr. Stinson questioned if this is a way to
circumvent the waiver and variance process.
A lengthy discussion continued about bunn/swail systems and maintenance, buffers, lots/areas impacted,
waivers, the SJR WMD guidelines and modification of the SJR WMD petmit, tide markings, the
applicant's willingness to increase from a 50 ft. to a 60 ft. waterway buffer, and creating a hybrid
bunn/swail system for the 25 ft. upland buffer.
City Attorney Durden spoke about the mean high water line vs. the ordinary water line and stated that the
data submitted since the CDB meetings supports that Shermans Creek is not tidal, therefore there is no
mean high water line. Based on this it is possible that no waiver is necessary for the 50 ft. waterway
buffer.
CM Gerrity commented the bunn/swail systems are environmentally beneficial but there is the down side
of these systems going away due to lack of continued maintenance. A waiver for this system might not be
a good idea. Mr. Genity suggested extending this application to the March 12, 2018 Commission meeting.
For clarification, the applicant stated the application is for the 25-ft. upland buffer, establish the ordinary
water line, and for a 60-ft. waterway buffer. Mr. Miller confirmed there will not be a waiver for this. He
also mentioned a code exemption for man-made canals.
City Attorney Durden spoke about requirements for providing a complete Declaration of Restrictive
Covenants at that March 12, 2018 meeting. Mr. Miller acknowledged he will meet that requirement.
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
Discussion ensued about locating the existing plat document that shows the mean high water line to
submit with this application.
Mayor Glasser provided clarification for the March 12, 2018 Commission meeting is as follows:
Mr. Miller (applicant) should present the document with the mean high water line, the established
ordinary water line data, the 25 ft. upland buffer, the 60 ft. waterway buffer, and/or present the
code exemption pertaining to man-made canals. Mr. Miller acknowledged.
Motion: To change the order of agenda -move Item SD before Item SC
Moved by Stinson, Seconded by Kelly
MOTION CARRIED UNANIMOUSLY
D. Motion for Reconsideration on UBEX 17-0004
Request for a use-by-exception as permitted by Section 24-111 ( c )(3), to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code at 461
Atlantic Boulevard.
Commissioner Stinson addressed the Commission about this request for reconsideration is based on
information he received from a representative of the Community Presbyterian Church (Church) who stated
that the Church does not have an agreement with Beaches Town Center for parking. The restaurant
included the Church in their available parking spaces.
Commissioner Stinson stated he has had ex parte communications with the restaurateurs/developers.
Approval was based on having the required parking. Mr. Stinson expressed concerns that now the business
does not have the required parking. Another concern is there may be an appeal to the Community
Development Board's decision to allow use ofparking across Atlantic Blvd.
Commissioner Stinson is suggesting that a condition be placed on UBEX 17-0004, previously approved on
January 22, 2018, to see all contract agreements with the restaurant and parking property owners. The City
and the Commission has the obligation to enforce and ensure that parking will not be an issue.
Motion: To approve reconsideration ofUBEX 17-0004.
Moved by Stinson, Seconded by Nonis
MOTION CARRIED UNANIMOUSLY
Discussion ensued about ways to monitor off-site parking spots, about the shared parking agreement with
Beaches Town Center (BTC), about changing the code to adopt/include the BTC overlay, and about having
parking contracts on file with the City.
There was a question about the applicant's ability to meet parking requirements without spaces from the
Church. Also questioned, can the applicant meet parking within the 600 ft. radius and not across an arterial
roadway. Planner Derek Reeves responded no. He stated the adjacent office property offered 15 spaces,
which was not enough, and the applicant met the additional parking requirement from the Kmart lot, across
Atlantic Blvd. Mr. Reeves stated he has not seen any parking contracts yet. Discussion continued about
future development of the Kmart property and parking no longer being available.
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
It was noted in discussion that the parking space requirement is based on the restaurant seating number, and
in order to have the State liquor license the restaurant must maintain that minimum seating number. Failure
to comply with the City and/or the State will affect the restaurant operation and the use-by-exception.
Mayor Glasser inquired of the City Attorney if the applicant could be called to address the Commission.
City Attorney Durden responded the Commission can invite the applicant to the podium and ask questions.
Commissioner Waters inquired of the applicant about providing a parking option that does not include the
Community Presbyterian Church or the Kmart lot.
The applicant, Steve Diebenow, responded there is an approved parking variance and it has not been
appealed. Mr. Diebenow stated they (developers and City) discussed several options nmih of Atlantic
Blvd., south of Atlantic Blvd., and east of Third St., all within 1600 ft., which was met with great anxiety
so they (developers) agreed to 600 ft. This would include 177 parking spaces at the Kmart lot.
Mr. Diebenow referred to a meeting with City Attorney Durden and Mayor Glasser wherein they spoke
about a Memorandum of Understanding that would outline the parking agreements and what happens
should that parking go away.
Commissioner Stinson spoke about the parking disconnect at the Church, and spoke about the possibility
of extending the radius beyond 600 ft., which could resolve this parking issue moving forward.
Commissioner Waters stated there are other options for parking without crossing an mierial road.
Commissioner Kelly inquired of Jay Handline, President of BTC, if BTC was in negotiations with the
Community Presbyterian Church and if it was expected to reach a satisfactory conclusion. Mr. Handline
responded yes to negotiations, and yes to satisfactory conclusion. Ms. Kelly inquired if there were signed
agreements with the Kmart lot and Mr. Handline responded yes. He stated he can provide copies to the
City upon approval from the propetiy owners to do so.
Mr. Handline explained the sequence of events with the Community Presbyterian Church. He stated there
has been a written agreement with the Church and BTC for the past four years. When discussions began
about the restaurant development, the Church wanted to review and make any necessary modifications
with BTC, which is now in process.
Mr. Handline spoke about the BTC shared parking agreements with properties in Neptune Beach and in
Atlantic Beach and how they support the business communities. The shared parking agreement is a
managed parking solution to identify and provide off-site satellite parking for businesses. Mr. Handline
stated that the BTC continues to monitor and grow their parking inventory to provide available options in
the event of changes, such as the proposed development of the Kmart lot.
MOTION WITHDRAWN
Based on the discussion and infmmation presented Commissioner Stinson withdrew his motion.
Commissioner Norris withdrew her second.
City Attorney Durden stated she will be working on a Memorandum of Understanding with Mr. Diebenow
to identify parking and address any issues, including annual cetiification.
CM Genity inquired of Mr. Diebenow about scheduling a meeting with the restaurant group/developers.
Mr. Diebenow acknowledged the request.
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Agenda Item 1A
March 12, 2018
February 12, 2018 REGULAR COMMISSION MEETING
C. Future Gas Station Ordinance
Mayor Glasser stated the issue of banning new gas stations was raised by residents at the recent Town Hall
meeting during discussions about the draft ordinance for automotive service stations. Ms. Glasser reviewed
the number and locations of existing gas stations, noting they abut residential communities. Mayor Glasser
requested discussion about considering a ban on future gas stations in our City.
Mayor Glasser spoke briefly about the previous comments made about the RaceTrac gas station on
Mayport Rd. This is located in Jacksonville, not Atlantic Beach, and this Commission could not have
prevented or changed any action in Jacksonville.
Commissioner Waters spoke about the overlay zoning district for the Mayport Corridor and spoke about
the Town Hall meeting where people stated they want a ban on future gas stations. The ban is what is being
asked for.
Commissioner Norris commented this is 'kicking the can down the road'-if we don't deal with this
another Commission will have to.
Commissioner Kelly stated there are plenty of gas stations inside and just outside our City limits and a ban
is where we need to go.
Commissioner Stinson spoke about pawn shops, medical marijuana dispensaries, tattoo parlors, and the
future growth of the Mayport Naval Station. Mr. Stinson expressed he is willing to explore a ban on gas
stations but thinks it is counter to free market society.
There was a brief discussion and questions about regulations on gas station properties that become vacant,
abandoned, and dilapdated.
City Attorney Durden responded that Code Enforcement gets involved when the property is
abandoned/dilapidated and classified as a nuisance. They will ensure the prope1iy is secured/safe, boarded,
and condemned if necessary. The fuel tanlcs are regulated by the Department of Environmental Protection
(DEP). On the topic of closed gas station prope1iies for sale, City Attorney Durden spoke about
amortization schedules. If the City moves forward with a ban, Ms. Durden spoke about adding provisions
for existing conforming uses to be identified as grand fathered and allowing for restorations up to a ce1iain
percentage of the value.
Commissioner Kelly spoke about neighborhood preservation and the Maypmi Road Corridor
improvements, noting that Maypmi Rd. has enough gas stations.
Mayor Glasser stated the City has been asked to consider a ban and consensus from the discussion is
to move forward on this item.
9. City Manager
A. City Manager's Report
CM Gerrity spoke about moving forward in removal of septic systems and extending municipal sewer lines
to residents.
Mr. Gerrity spoke about a grant for improvements to the Adele Grage Community Center.
Staff has been working on the Selva Preserve project for several months and CM Gerrity extended his
appreciation and thanks to Planner Derek Reeves for all his work on this project and the Ahem St. Plat.
12
Agenda Item 1A
March 12, 2018
February 12,2018 REGULAR COMMISSION MEETING
B. Accept the 90-Day Calendar (February 2018 through April2018).
Commissioner Kelly stated there is a Pension Board meeting that should be on the calendar and CM
Gerrity will amend the calendar.
CONSENSUS: To accept the 90-Day Calendar as submitted.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Kelly
• Spoke about coyotes and the Police Department Facebook page miicle on coexisting with coyotes in
Atlantic Beach.
• Spoke about her trip to Tallahassee with the FLOC, issues with home rule, meeting with
Representative Cord Byrd and Senator Aaron Bean, and lobbying for Atlantic Beach projects next
year.
Commissioner Norris
• Extended an invitation to the Empowering Womens Luncheon event at the Gale Baker Center on
August 18,2018 at 11:00 AM ..
Commissioner Stinson
• Spoke about the Parking and Pedestrian Safety Advisory Resource Committee and having
recommendations for 18 1h Street and Waters Park.
• Spoke about beach renourishment and will be meeting with Dr. Bodge.
• Spoke about attending a meeting about paid parking for Town Center.
• Spoke about an emergency management team.
• Spoke about attending the FLOC Institute for Elected Officials in March
Commissioner Waters
• Spoke about Johnston Island.
• Spoke about working with Jacksonville to create an overlay district on Mayport Road.
• Spoke about parking, shared parking agreements, and management of contracts.
City Attorney Durden
• Stated there will be a Special Appeal Hearing on February 26, 2018 at 4:30P.M., before the regular
Commission Meeting. This is on the Gaglione variance appeal.
Mayor Glasser
• Thanked everyone for all the work completed tonight.
• Spoke about the Donna Marathon event.
• Spoke about the Town Hall meeting and last week's Round Table meeting. Ms. Glasser spoke about
increasing video streamed meetings, using Facebook as a platform, and engaging in community
outreach and other agencies that serve our community.
• Corrected the statement about the $5 million reimbursement from FEMA. This amount is for all of
Duval County, not just Atlantic Beach.
• Thanked DCM Hogencamp and Linda Lanier for their help in the Strategic Planning Session.
• Spoke about the speed limit on Mayport Rd. and the new sign at Maypmi Middle School.
13
Agenda Item 1A
March 12, 2018
February 12,2018 REGULAR COMMISSION MEETING
Adjournment
There being no further discussion, Mayor Glasser declared the meeting adjoumed at 11:25 PM.
ATTEST:
Donna L. Bartle, CMC
City Clerk
DLB/njp
Ellen Glasser
Mayor, Presiding Officer
14
Agenda Item 1A
March 12, 2018
AGENDA ITEM:
SUBMITTED BY:
DATE:
ATTACHMENT A
February 12, 2018
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
17-SPPR-501
Request for re-plat appt'o'Val as required by Chapter 24, Alticle 4 of
the Code (){Ordinances atRR# 172027-0100.
Perek W. Reeves, Planner .#--
February 6, 2018
BACKGROUND: The · owners of the 7.21 acre vacant propetty at the northeast corner of 11 111
Street and Linkside Dl'lve, known as Selva Preserve, are requesting to plat the property creating
elev~n lots. Included in the plat are thY e) even lots, & private gated road and a conserv&tion are&.
Surrounding th~ property is are single-family residential uses with the Atlantic Beach C()untry
Club the no~thwest. Please review the attached staff 1'eport to the Contrnuni,ty Pevelopmeht Board
for more detailed information.
The proposed plat has be~n reviewed by staff from various departments and meets all code
requirements with the exception of one issue. The one outs.tanding issu~ at the time of wl'Jting this
staffteport is the measurement of a bl.lffer fi·otn water bodies. The code 1·equires a 50 foot bt~ffer
from the mean high water line of watei' bodies. The plat cunently shows this buffer starting at the
top ofbC~nlc of Sheunan;s Creek. The applicant is wodcing to determine the mean high water line
so that the plat can be updated. The ·community Development Board recommended that the
applicant seek a wltiver allowing them to measure from the top of ban1c if they jncreased tbe buffer
to 60 feet.
The Comtmmity Development Board also recommended that the applicant seek a waiver allowing
the use of a swale and berm system instead of an average 25 foot upland buffer f1;om wetlands.
The code tlw does specifically !lllow such design_s if a waivel' .is granted. The benefits of such a
waive.r is that son1e wetlands would not have 'to be filled just to provide ah upland Qtlffer fi·om
wetl~nds.
The Conununity Development Board reviewed this plat at their January 16, 2018 meeting where
they recommended approval to the City Commission in a tmanimous vote.
:BUJ)GET: Nom;.
ImCOMMEND.ATION: To move the plat forward to a Public Hearing on Febmary26, 2018.
ATTACHMENTS: 17-SPPR-501 application, CDB StaffReport
REVIEWED BY CITYMANAGEJl; ______,~,_,:;· """---=A__,·....,~"""'=·~--------
Agenda Item 1A
March 12, 2018
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Agenda Item 1A
March 12, 2018
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Agenda Item 1A
March 12, 2018
AGENDA ITEM
CASE NO.
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
ATIACHMENTA
Fe bru a ry 12 , 201 8
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.D
17-SPP,R.-501
Request for plat approvql as required by Chapter 24, Article 4 ofthe Code of
Ordinances at RE# 172027-0100.
RE# 172027~0100, Northeast corner of 11 111 Street and LinlcsideDl'ive
Selva P1·escrve LLC
January 10,2018
Derelc W. Reeves, Planner
The owners of the 7.21 acre vacant property at the northeast comer of 11 111 Street and Linkside Drive,
knowft as Selva Preserve, are requesting to plat the property creating eleven lots. Included in the plat are
the eleven 1ots, a pl'ivate road _an~ a conservation area.
The property is zoned Residential S_ingle-family 1 (RS-1), which is governed by Section 24-105. RS-1 is
a single family zorung district that pel'mits only one dwelling unit (single family home) per lot. The
minimum lot ·size in RS-1 ·is 75 feet ofwjdth, 100 feet of depth-and 7,500 square feet of lot at·ea. All of
the pn,>posed lots meet these requirements. It should be noted that a portion of the front of each lot is
proposed to be an acce~s easement with a priyate road a no a large poltion of the rear of each lot is proposed
to be a conservation easement over wetland~. The proposed plat does show developable area lines taking
into account the two easements . The shortest developable depth is 66.82 feet . Tllis is a greater developabl~
depth than the minimum possible of 60 feet wlthiu the zoning district. ·
The property has PUD/SPA zorung to the north and west, hying the Atlcmtic Bea ch Counh·y Club and
Selvft Linksid(l. Both have single-fmnily homes. To the ef)st across Sherman's Creek is B.S -1 ~oning , To
the south ~cro~s 11 111 Street is the Selva Lakes PUD wjth two-unit townhomes and a vacant parcel along
t~e creek owned by the Selva Lakes HOA .
The Comprehensive Phm has a Future Land Qse Map designation of Residential Low (RL) for the
property. · RL allows a mnximum density of 6 units per acre. However, density is further limited by
excluding wetlands, dminage ditches and other similar features. T.he property has 3.21 acres btiildable
uplands today. At 6' units per acre, the 1naximmn number of allowable lots is 19. With 11lots proposed,.
the proposed plat is uhder the maximun'l possil:ile dehsity.
A single road with ac qess from 1 1 111 Sti'ect is proposed t o _provide acc ess to each of. the 11 lot$. The t oad
terminates in a ctd-de-sac at the north end. It is pmposed f or the road to be private with gates at the south
elid near 11 11\ Street. A seco)ld emergency acces1; is planned about midway up the develop~ent at an
existing stub out on Linlcside Dtive ,
Agenda Item 1A
March 12, 2018
ATTACHMENT A
February 12, 2018
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of the requested plat(FileN o.17-SPPR-501) as required by Chapter 24, Article 4 ofthe Code
of Ordinances within the Residential Single-Family (RS-1) Zoning District at RE# 172027-0100
provided:
I. Approval of this plat is consistent with the intent of the Comprehensive Pian, and
2. Approval of this plat is in compliance with the requirements of Chapter 24, Article 4 of the Code of
Ordinances.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission ofthe requested plat (FileNo. 17-SPPR-501) as required by Chapter 24, Article 4 ofthe Code
of Ordinances within the Residential Single-Family (RS-1) Zoning District at RE# 172027-0100
provided:
1. Approval of this plat is not consistent with the intent of the Comprehensive Plan, or
2. Approval of this plat is not in compliance with the requirements of Chapter 24, Article 4 of the
Code of Ordinances.
Page 3 of3
Agenda Item 1A
March 12, 2018