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3-12-18 Final Agenda Packet 1 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING MARCH 12, 2018 - 6:30 PM FINAL AGENDA Call to order Invocation and pledge to the flag 1. Approval of minutes A. Minutes of the regular Commission Meeting on February 12, 2018. B. Minutes of the Special Called Commission Meeting on February 26, 2018. *C. Minutes of the Commission Workshop on December 8, 2017. *D. Minutes of the Town Hall Meeting on January 27, 2018. 2. Courtesy of Floor to Visitors *A. Presentation of Certificates to Mayor Glasser and Commissioners Kelly and Norris for Completion of the 2018 Institute for Elected Municipal Officials (IEMO) held January 19- 21, 2018 in Altamonte Springs, FL. 3. City Manager Reports A. City Manager’s Report B. Accept the 90-Day Calendar (April 2018 through June 2018). 4. Reports and/or Requests from City Commissioners 5. Unfinished Business from Preceding Meeting None. 6. 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 Monthly Legal Report for January 2018. 7. Committee Reports A. Appointments to the Environmental Stewardship Committee (Commissioner Stinson) *B. Update on pension activity to be given by Pension Board of Trustees Members Ray Brandstaetter and Tim Anderson (Commissioner Kelly) 2 8. Action on Resolutions *A. Resolution No. 18-08 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF A SIDEWALK AND ASSOCIATED PEDESTRIAN AND BICYCLE SAFETY IMPROVEMENTS ON SHERRY DRIVE AND SEMINOLE ROAD; ACKNOWLEDGING THAT THE PROJECT IS FUNDED BY FDOT AND NO CITY FUNDS WILL BE UTILIZED FOR CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 9. Action on Ordinances A. Ordinance No. 95-18-115, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED SOURCES, CERTIFICATES OF SOURCE, PENALTIES AND ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Miscellaneous Business *A. 17-SPPR-501 Public Hearing Request for re-plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at RE # 172027-0100. B. Direction from Commission to City Attorney regarding gas station ordinance. *C. Discussion on Gun Violence and School Safety (Mayor Glasser) 11. City Attorney/City Clerk Reports and/or Requests 12. Closing Comments by City Commissioners and City Manager Adjournment Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City’s website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. 3 Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, March 9, 2018. *Amended on March 7, 2018 as follows: 1C- Added item 1D- Added item 2A- Added item 7B- Added item 8A- Added item 10A- Added letter to supporting documents 10C- Added item IN 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. 2 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. 3 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. 4 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 5 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. 6 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 7 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. 8 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. 9 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. 10 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. 11 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 <(~ }-0 zN WN" 2:~ :r:c:-oro ~2 1--;il <(LL L 0 lLl > lu ·o !11 a: _j 1i 5 r.~ " g.,g 'f ii §j 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 MINUTES SPECIAL COMMISSION MEETING FEBRUARY 26, 2018 -4:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Ellen Glasser Commissioner Candace Kelly Commissioner Brittany Nonis Commissioner John Stinson Commissioner M. Blythe Waters (anived 4:38P.M.) Pledge to the flag City Attorney Brenna Durden City Manager Joe Genity City Clerk Donna L. Bartle Recording Secretary Nancy Pyatte Mayor Glasser asked everyone to stand for the Pledge of Allegiance to the Flag. 1. Call to Order Mayor Glasser called the meeting to order at 4:33P.M. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. 2. Gaglione Appeal of Variance Denial ZVAR-17-0010 Mayor Glasser read the original variance request into the record from the agenda documents. Ms. Glasser read the definition of Appeals from Section 24-49 into the record. A. City Attorney Procedural Reminders City Attorney Durden addressed the Commission and provided a detailed review of the Process and Procedure for the appeal hearing, which is to consider if the Community Development Board (CDB) decision to deny the variance request was in conflict with or in violation of the Land Development Regulation (LDR), Sec. 24-46 Variances. Ms. Durden reviewed the Related Ordinances that provided definitions of Sec. 24-49 Appeals, Sec.24-64 Variances, and Sec. 24-17 Definitions. In summary, City Attorney Durden stated the Commission may affirm the CDB decision, reverse the CDB decision, or modify the CDB decision. (Commissioner Waters anived at 4:38P.M.) B. Disclosure of Ex Pmie Communications Commissioner Stinson confi1med he had ex pmie communications with the applicant. Commissioner Kelly confirmed she had ex parte communications via email with the applicant. Commissioner Waters confirmed she had ex parte communications via email and met the applicant to view the property. Commissioner Nonis confirmed she met the applicant to view the prope1iy. Mayor Glasser confirmed she met with the applicants. Agenda Item 1B March 12, 2018 February 26,2018 Special Commission Meeting Administer Oath to present testimony: Mayor Glasser administered the Oath to Planner Derek Reeves, Lori Gaglione, and William Nall. C. City Staff Overview, Documentation and Presentation/Testimony Planner Derek Reeves addressed the Commission, refening to the slides on display of the original variance application to increase the fence height from 4 ft. to 6 ft. in the front yard. He reviewed the Staff Report and the applicant's application including the site plan and property photos. Mr. Reeves also reviewed the slides of the Site Context and Detail, the Proposed Plan, the Need for Variance, the Analysis and Concerns, and Grounds for Decision to approve or deny. Planner Reeves explained this is a comer lot with frontage on Seminole Rd. (50 ft.) and Selva Marina Dr. (100ft.), and Seminole Rd. is considered the front yard of the lot. The applicant wants to install a 6 ft. fence along Seminole Rd. as detailed on the site plan. The CDB minutes are included in the agenda packet. Planner Reeves stated there was a motion to approve the variance; it failed with a vote of 3 opposed and 2 in favor. D. Applicant's Documentation and Presentation/Testimony William Nall addressed the Commission stating they want to install a 6 ft. fence on the Seminole Rd. side of the property for security for their children/family, for privacy, and for a noise banier from Seminole Rd. Mr. Nall spoke about rules and exceptions to rules. Based on the way the property, a comer lot, was platted the City considers their back yard to be the front yard and Mr. Nall stated that is the reason for requesting the variance. Lori Gaglione addressed the Commission stating her reason for the appeal is because she felt the CDB did not analyze if her particular piece of prope1iy was appropriate for a variance. Ms. Gaglione stated she felt that the CDB expressed more concerns about what other property owners would do if she put up a 6 ft. fence. Ms. Gaglione reviewed Sec. 24-64( c) Grounds for denial and (d) Grounds for approval, noting their request did not meet any of the reasons for denial. Ms. Gaglione stated her main reason is listed under Grounds for approval (d)(5) Irregular shape of the prope1iy wananting special consideration-it is a comer lot, the platting makes Seminole Rd. the front yard but they consider it the back yard. The prope1iy was originally platted in 1956 and Ms. Gaglione could not confirm the code regulations for that time, stating it is unknown what changes have been made from then to the cunent code. In closing, Ms. Gaglione stated that they are willing to work with the City. Mr. Nall asked for clarification about where the City property starts on Seminole Rd. Planner Reeves refened to the survey slide showing the property line designation, noting the survey does not show sidewalks or pavement edge. A lengthy discussion ensued about site line issues, original construction in 1959, whether or not a reason was stated for the denial, front door and garage facing Selva Marina Dr., last LDR revision updated March 8, 2010, similar comer lots with variance considerations, side yard regulations, and the hedge being on City prope1iy. E. Closing comments by Staff and Applicant Planner Reeves stated he did not have any closing comments. 2 Agenda Item 1B March 12, 2018 February 26,2018 Special Commission Meeting Mr. Nall spoke about the 'Peace on Earth' Christmas sign that came with the house when they purchased the prope1iy. He stated they just want a nice looking fence to go with their nice looking house. Ms. Gaglione stated the main issue is the way the house is situated on the lot. Their proposed fence will be behind the hedge, will blend with the landscape and the existing neighborhood. F. Commission Deliberation and Action The Commission extended their appreciation and respect for the work and efforts of the CDB and Planner Reeves to uphold the codes. Discussion ensued from the Commission about there being no adverse impact, about exceptional circumstances with the corner lot and inegular prope1iy shape, about the criteria used for denial and/or approval of a variance, about the 1956 prope1iy platting, about the front of the house facing Selva Marina Dr., the existing hedge is on City prope1iy and acts like a fence, and about conditioning the variance to be granted to the property owners and not go with the property. There was discussion about the Safe Routes to School on Seminole Rd. Planner Reeves confirmed it will be on the opposite side of the street from the applicant. Mayor Glasser noted there was a lot of support for this variance expressed on social media. Motion: To grant the appeal and approve the variance ZVAR-17-0010. Moved by Stinson, Seconded by Kelly Amended Motion: To grant the appeal with the condition that the variance continues with the owner, not property. Moved by N onis, Seconded by Stinson Roll Call Vote: (Amended Motion) Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 AMENDED MOTION CARRIED Motion: To grant the appeal and approve the variance ZVAR-17-0010, as amended with the condition that the variance continues with the owner, not property. Roll Call Vote: (Original Motion as amended) Aye: 5 Nonis, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED as amended 3. Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 5:44P.M. ATTEST: Donna L. Bmile, CMC City Clerk DLB/njp Ellen Glasser Mayor/Presiding Officer 3 Agenda Item 1B March 12, 2018 MINUTES OF WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD ON DECEMBER 8, 2017 PRESENT: ALSO: ABSENT: Call to order. Mayor Ellen Glasser Commissioner Candace Kelly Commissioner Brittany Norris Joe Gerrity, City Manager Kevin Hogencamp , Deputy City Manager Brenna Durden, City Attorney Donna L. Bartle, City Clerk Timmy Johnson, Recreation and Special Events Director Derek Reeves, Planner Commissioner John Stinson Commissioner Blythe Waters Mayor Glasser called the meeting to order at 1:03 p.m. in the Commission Chamber and explained the process for the meeting. The Commissioners and staff present introduced themselves. 1. Facility Use Agreements-Adele Grage Cultural Center. Mayor Glasser explained the expectations for the discussion. She further disclosed she has had ex parte conversations with board members of both ABET and First Act after the election. Commissioner Kelly stated she has also met with both groups. Commissioner Norris stated she has met with First Act. City Manager Gerrity stated he has requested that the presenters contain their presentation to a 1 0-minute timeframe and has requested that Timmy Johnson discuss some of issues regarding scheduling. Mayor Glasser further explained the process. A. Presentation from Atlantic Beach Experimental Theatre (ABET) Brian Johnson, Atlantic Beach., Vice President of Board of Directors for ABET, gave a presentation regarding the facility issue in sharing their limited space. He explained the mission of ABET, stating they are very highly regarded in the community and surrounding areas. He stated they have several functions specifically for Dial-a-Ride and the Gail Baker Center within the community . He stated they are non-profit and receive grants from the City of Jacksonville as we ll as several others , which allows the low ticket prices. B. Presentation from First Act Aine Healy-Richardson, Jacksonville Beach, Executive Director of The First Act Children's Community Theatre Inc., stated they are a newly formed non-profit since July but have been operating as First Act for almost 10 years. She read their mission statement and explained her background. She stated they work both with children and seniors. She explained the reason for becoming a non-profit was to receive grants with which to give more scho lar ships. She further stated they currently run three Agenda Item 1C March 12, 2018 classes at Adele Grage and are not lo oking to expand. C. Presentation from Recreation and Special Events Director, Timmy Johnson Timmy Johnson , Recreation and Special Events Director, explained the Commiss ion has approved a one-year contract with ABET for many years which includes a fee of $200/ye ar for the facility. He stated last year the Commission approved a one-year contract for First Act to use the same space, which was the same as ABET's. He exp lained the challenges of scheduling the use ofthe facility , stating there are three groups who would like to use it -the public , ABET and First Act. Mayor Glasser opened the floor to the Commissioners to ask questions of the presenters. Commissioner Norris asked the City Attorney, if they estab li sh a recurring contract with either of these two groups, does it open the City to any legal issues. City Attorney Durden explained the City Commiss ion was authorized in May to enter into leases with groups such as ABET and First Act and also for the use on a one-time basis with individuals. Commissioner Norris asked Mr. Timmy Johnson what the cost is for individuals to use Adele Grage. Mr. Johnson explained the pricing scale. Discussion ensued. Commissioner Kelly asked Mr. Timmy Johnson if he had any suggestions for solution to the problems he presented. Mr. Johnson explained his solutions to the schedu lin g, cleaning , and alcohol issues as we ll as consequences of non-compliance. Commissioner Kelly asked Mr. Brian Johnson, other than reputation, what else can they do for the community and how do they directly impact the City and its residents . Mr. Johnson explained they are a member of the community with the actors coming from Atlantic Beach and the beaches , in general, as well as other areas . He stated ABET is the Atlantic Beach community theatre providing arts and culture access to residents . He stated they normally have 6 performances/year plus special one-night performances. Discussion ensued. Further discussion ensued regarding the sharing of space and how it was working. Mr. Timmy Johnson and Mr. Gerrity gave their input. Mr. Brian Johnson also commented, stating it is incredibly challenging to share space. Ms. Ingrid McCauley, President of the Board of First Act, stated they can co-exist in the space and read a list of solutions. Discussion ensued. Tracy Gallagher, Board Member of ABET, responded to the request of First Act to meet , stating the time cou ld not be set because of scheduling conflicts. She further commented that because of the scheduling, ABET has not been ab le to access the space as often as they would like so they can go ahead with ABET's children 's theatre program . She further responded to Ms. McCauley's suggested so luti ons . Discussion ensued. Mayor Glasser recognized Grant Healy , Chair of the Cultural Arts and Recreation Committee, and asked him to join them at the table and participate in the questioning. Commission Norris asked each group to state the top three reasons why this past ye ar has not worked for them. Ms. Gallagher, representing ABET, stated their three reasons are: communication ; lack of agreement on use of the space; and lo ss of the children's program. Minutes of the Commission Workshop -December 8, 2017 Page 2 of5 Agenda Item 1C March 12, 2018 Ms. McCauley, representing First Act, stated the three reasons are: the communication issue, because without communication coming their way they are completely blinded; community space is not available and accommodation for the children's program is not there; and ABET sent out their calendar to the public before it was set with the City leaving First Act with no weekends left for the children to perform. Further discussion ensued. Mayor Glasser asked Mr. Timmy Johnson to address the pending grant for ABET. Mr. Johnson exp laine d the City applied for a grant through the Department of Community Affairs to make renovations for the theatre and in doing so, the City had communication with ABET about partnering with the City for the grant. He stated ABET agreed to put forth $25 ,000 to go along with the grant. Further discussion ens ued. Mayor Glasser stated they are not mediators and she encouraged both groups to begin a dialogue. Commissioner Norris stated she believes they need to sp lit it in half and find a way to remove any subjectivity from the process. Commissioner Kelly stated they are both great programs and agrees this is a community asset that should be shared by everyone who wants access to it. Mayor Glasser stated she is very open to revisiting the fee structure for non-profits that provide value to our community. She stated the City is not about making money at these facilities. She stated she believes they need to show that they valu e what these organizations bring to our community. She stated it is very important for these two organizations to get together and bring the Commiss ion a solution. She stated they should take advantage of the grant if they can, but it shouldn 't decide their action. Further discussion ens u ed. Mayor Glasser recessed the meeting at 2:44p.m. The meeting was reconvened at 2:5 1 p.m. 2. Communications Facilities in Public Rights of Way A. Update City Attorney Brenna Durden gave an update on the questions previously asked at the November 27 meeting. In answering these questions, she explained (1) the provisions could be revised to coincide with and comply with our historic district standards ; (2) to determine what the maximum height restrictions wou ld be related to what the tallest existing utility pole was on July 1, 2017, a record would have to be established. Discussion ensued . Planner Derek Reeves answered questions from the Commissioners and City Manager. City Attorney Durden pointed out that the City cannot regulate the height of the poles on the DOT roads . City Attorney Durden further exp lained a provision related to rules , stating that is w hat this Ordinance is doing but she will make a few changes for the Commission at the next meeting. Further discussion ensued. B. Public Comments Mayor Glasser opened the floor to Public Comments. She welcomed the audience and explained the process for public comments. City Clerk Bartle called each speaker to the podium. Minutes of the Commission Workshop -December 8, 2017 Page3 of5 Agenda Item 1C March 12, 2018 Pam McCrary, Atlantic Beach., addressed the Ordinance related to items not allowed in rights- of-way, what is a right-of-way and what is not a right-of-way. Margaret McKay, Atlantic Beach stated her concern was about the property owner's use of the right-of-way related to consistency and how it is applied. She stated she believes the parking rules are inconsistently applied across Atlantic Beach. Paula O'Bannon , Atlantic Beach., addressed ABET stating she chose to live in the area because of the aesthetics and the arts that are here. She suggested using some money from the grant to build a stage at the Gail Baker Center. She also discussed rights-of-way and the width of the streets. City Attorney Durden responded to the comments stating this Ordinance would take effect upon adoption. She stated we don't have these provisions in place now. She stated if the Commission does not want to grandfather everyone who already has land scaping, or a wall , etc., it should be made clear that people need to come in and obtain some kind of permit. She stated that is highly unusual in the way that municipalities adopt ordinances. She stated the most normal process is that a new ordinance takes effect and from that date forward affects what is out there. She explained an amortization schedule. She further stated for any expansion or improvement, that new portion would be under the new Ordinance. She stated without more being added to this proposed Ordinance it would take effect proactively and for things that are in existence as of now, those persons would not be required to come in for a permit or a revocable license. Planner Reeves stated that while it is true the people wou ld not need to pull permits for what is already existing, the Code already has provisions that restrict the placement of things in the right- of-way. He stated, if it was the Commission 's desire, they could go back under those provisions. Paula O'Bannon , stating she is on the Parking and Pedestrian Committee, addressed the Commission stated they are counting the available , obstructed and what could be parking spots. Further discussion ens ued. No one else spoke , so Mayor Glasser closed the floor to Public Comments. 3. Courtesy of the Floor Mayor Glasser opened the Courtesy of the Floo r to Visitors. She we lcomed the audience and explained the process for public comments. City Clerk Bartle called each speaker to the podium. Ann Marie Awad, Atlantic Beach , addressed the faci lity use agreements at Adele Grage Cultural Center. She spoke in support of First Act. She believes the so lution would be to loo k at the history and why this was brought to the City , stating one of the problems seems to be a calendar. Wesley Richardson, Jacksonville Beach , stated he is the Technical Director for First Act and married to the Executive Director. He spoke in support of First Act , stating they provided a list of things they thought would help the two organizations work together but believes ABET feels they need exclusive use. Minutes of the Commission Workshop -December 8, 2017 Page 4 of5 Agenda Item 1C March 12, 2018 Debra Harvey, Jacksonville, stated she volunteers at ABET and spoke in support of ABET. She stated if they want to have a professional caliber theatre they need the best sets, the best people , the best lighting. She agrees that the Commission and staff should not have to work out the scheduling or difference s. Redgie Gutshall, Jacksonville, spoke in support of ABET stating they need the time and they need the space. He suggested the overall management of the children's theater program should be returned to ABET. Richard Wolf, Fernandina Beach , stated he is very involved with ABET, stating they have done four of his plays. He believes the quality in theatre is important and believes ABET is extremely important to this community. Leonard Alterman, Jacksonville , stated he has acted at ABET for 23 years. He stated if the City wanted to support ABET in this limited space, which is limited even for one theatre , why would they then bring someone else in and say they now have to share the space and you guys work it out. He stated there have been efforts to work it out but they have not succeeded. He believes when the leases are up they should give ABET the exclusive use of the facility because any other arrangement is unworkable. Brian Johnson, Atlantic Beach, stated ABET in no way intended to let go of its children 's program or to share the space with somebody else doing a children 's program in their stead. He stated they want to continue with the children's program. Judy Workman, Atlantic Beach, asked why they brought this to this forum ; it is not City business, it is two people who can't get along in their businesses. She believes it is disrespectful to this forum . She stated nobody should have an exclusive right to a city-owned community center. No one else spoke , so Mayo r Glasser closed the Courtesy of the Floor to Visitors. Discussion ensued. Adjournment There being no further discussion by the City Commission, Mayor Glasser declared the meeting adjourned at 4:04p.m. ATTEST Donna L. Bartle, CMC City Clerk Minutes of the Commission Workshop-December 8, 2017 Ellen Glasser Mayor/Presiding Officer Page 5 of 5 Agenda Item 1C March 12, 2018 CITY OF ATLANTIC BEACH MINUTES OF THE TOWN HALL MEETING HELD AT CITY HALL, COMMISSION CHAMBER ON JANUARY 27,2018 IN ATTENDANCE: Ellen Glasser, Mayor Blythe Waters , Commissioner Brittany Norris , Commissioner Candace Kelly , Commissioner Joe Gerrity, City Manager Brenna Durden, City Attorney Kevin Hogencamp, Deputy City Manager Shane Corbin, Community Development Director Derek Reeves, Planner Donna Bartle , City Clerk ABSENT: John Stinson, Commissioner Call to Order Mayor Glasser called the meeting to order at 10:00 a.m . and explained the purpose and format of the meeting. She also informed everyone that Clyde Bradley, a citizen who had attended many Commission meetings, had passed away last week and expressed her condolences. Introductions were made. 1. Discussion regarding proposed medical marijuana dispensary ordinance Planner Derek Reeves referred to the proposed ordinance included in the agenda packet along with his supplemental handout (which is attached herewith and made part of the Official Records as Attachment A). He explained there is currently a moratorium on medical marijuana facilities in the City which runs through May . He stated they have had a joint meeting with the City Commission and the Community Development Board to get direction on how they want to proceed on this. He stated this has also gone before the Community Development Board seeking further recommendations. He explained the proposed actions that would be allowed by the City Code , including : Medical marijuana facilities are allowed ; cultivation and processing facilities are not allowed. -All restrictions apply equally to dispensaries and pharmacies -Only allowed in the Commercial General zoning district -Property must have frontage on either Atlantic Boulevard or Mayport Road -Dispensaries must be at least 500 feet from schools ,child care centers, religious institutions , and other dispensaries and pharmacies -Must follow all State requirements Agenda Item 1D March 12, 2018 Mr. Reeves stated they are now asking for the Commission 's input before finalizing and starting the public hearing process. Mayor Glasser opened the floor to public comments which included clarifying the restrictions involving churches and adjacent church parking, the long-term effects, expanding the business overlay district, number of approved dispensaries , and putting it to a vote by the citizens . During public comments , Pam Robbins submitted a handout for file. City Attorney Durden explained the status of related legislation and the options of local governments . She further explained there are 13 authorized entities in the State of Florida, some authorized to do everything from cultivating and production as well as dispensing; others are only authorized for cultivation at this time . Further public comments ensued including the rationale of frontage only on Atlantic Boulevard and Mayport Road , and restriction of other pharmacy locations. The Commission, City Manager, City Attorney and Mr. Reeves responded to those comments . City Attorney Durden explained the City 's current temporary moratorium on the medical marijuana facilities ends in May and there are concerns about what the legislature may be considering. She stated the legislature may come out in a different direction and modify this issue of having to treat the facilities like we treat pharmacies. She stated , on the other hand , there is an onslaught of anti-home rule legislation in Tallahassee and there is always the danger that they will pass something even more egregious than what they have already passed, preempting even further legislation in the local government. 2. Discussion regarding proposed automobile fuel/service station ordinance City Attorney Durden stated the temporary moratorium will expire February 22, 2018 and they do not have time to have all of the hearings that are required to adopt something before that. She stated she will bring to the Commission a draft ordinance to extend that for a limited period of time to allow the Commission and Community Development Board hearings to occur. Planner Derek Reeves gave an overview of the proposed ordinance including the following points. Gas stations: • New definition for gas stations and an added defmition for what a fuel pump is • Only allowed in the Commercial General zoning district and will be removed from CommercialLimited district • Limit of 7 fuel pumps • Property must have frontage on Atlantic Boulevard or Mayport Road • Enhanced landscaping including a higher density of trees as a buffering between property lines and the gas station • Defined lighting restrictions at property lines Agenda Item 1D March 12, 2018 • Fuel pumps must be at least 100 feet from residentially zoned properties Convenience stores: • New definition for convenience store • Allowed in the Commercial Limited and Commercial General zoning districts Car washes: • Only allowed in the Commercial General zoning district • Must be at least 100 feet from residentially zoned properties Electric charging stations : • New item added to the Code • New definition for electric charging station • Allowed in the Commercial General zoning district Discussion ensued with Mr. Reeves answering questions. Mayor Glasser opened the floor to public comments. Several citizens made public comments, including: whether the new regulations would have precluded Gate from coming in as it is so close to the residential neighborhood; should be fewer than 7 fueling stations; 100 feet is not enough to protect neighborhoods that are adjacent to commercial areas; new service station coming in on Dutton Road which is in Jacksonville; moratorium on gas stations suggested; need a cap on number of gas stations; stacking of undesirable businesses in the area of Atlantic Blvd. and Mayport Rd.; have convenience stores without gas pumps; need to be more active and in touch with Jacksonville; have enough convenience stores , and would like a grocery store on Mayport Rd. The Commission and Mr. Reeves responded to the comments and questions. Mayor Glasser recessed the meeting at 11 :36 a.m. The meeting was reconvened at 11:44 a.m. 3. Discussion on other topic s Mayor Glasser opened the floor to the public for discussion on topics not on agenda. Suzanne Barker spoke about a new business coming into our area, Atlantic Beach Yard Real Estate LLC. She stated the business is proposing to have a restaurant on Atlantic Blvd . near Subway. She stated they are intending to have three industrial size smokers. She stated she believes the smoke from barbeque would have a negative effect on nearby residents and businesses. She stated she believes it should be brought before the Community Development Board and have a public hearing so citizens can voice their opinion. Mr. Gerrity addressed Ms. Barker's concerns , stating there is nothing that would force them to go before the Community Development Board nor would there be anything they could do prior to the opening of the restaurant. He stated his job is to follow the Code and if the City Commission wants to change the Code that is up to them , but there is nothing in the Code that prohibits smokers or prohibits them from opening a restaurant with smokers. He stated if they Agenda Item 1D March 12, 2018 receive a complaint from an affected party once they are open, we can go in and make some changes at that particular point. Mayor Glasser and Commissioner Norris also addressed the concerns . J udy Workman discussed the Community Development Board 's and Commission's actions regarding overflow parking in the church parking lot for Al ' s and other businesses, stating the church could change their mind or be sold , etc. Mayor Glasser stated they did get confirmation that the church has an agreement with the group that represents the Beaches Town Center Agency. She stated the issue of shared use parking is a complicated issue and has been used to calculate parking spaces for various businesses in that area. City Attorney Durden added that the agreement that will ultimately get approved between the City and the bar beque restaurant is on the issue of parking. She stated if any of the parking they have identified from the four locations within 600 feet becomes no longer available to them to meet our Code requirement, then their ability to operate would be impacted. She stated it is based on the number of seats in the restaurant. She stated if they lost all of the parking other than what they have onsite , which is about a third , their ability to operate a 150-seat restaurant would be cut by 2/3, until they could show where they have parking again to meet those seat requirements. Further discussion ensued. City Attorney Durden stated there are provisions that can be put into the agreement that put the obligation onto the barbeque restaurant; such as in a shared parking agreement , the user has to provide to the local government an annual certification that says where the parking spaces are and that they are still in effect. Susanne Barker requested that the City limit parking on Sturdivant. She stated that the three investors of the barbeque restaurant are Atlantic Beach citizens and asked that the Commission discuss the concerns about the smoke and have it mitigated. Tom Cull en addressed the issue of replenishing the dunes from the storms. Mayor Glasser explained there is a process in place where they are working with the City of Jacksonville. Maddie Wissing advised about a proposed Bill 348 in the Senate to allow small coastal communities with populations less than 100 ,000 to ban plastic bags. She asked if Atlantic Beach is interested in participating in a two-year pilot program. Commissioner Norris asked her to stay after the meeting to discuss. Justin Cooner discussed land use on private property. Commissioner Waters explained the process , stating it is something the Commission could look at. Steve Fo uraker asked , regarding the smokers , if there was something in the Code about adverse effects on neighborhoods and dealing with complaints. He also di scussed the ratio of seats to parkingandthe issues with Al' s Pizza and the parking. He stated he wants to see a contract for every shared parking agreement that the Town Center Agency is presenting to the City. Agenda Item 1D March 12, 2018 Mayor Glasser assured Mr. Fouraker and the others that their concerns are heard. Mr. Gerrity statedwe will be proactive and discuss these concerns with the developers of the restaurant. Commissioner Waters expressed the difficulties in redevelopment and the balance between residential and commercial. Mayor Glasser adjourned the meeting at 12: 23 p.m . Ell en Glasser, Mayor Donna L. Bartle, City Clerk Agenda Item 1D March 12, 2018 ORDINANCE OVERVIEWS ATIA CHMENT A Ja nuary 27 , 201 8 City of Atlantic Beach Town Hall Meeting January 27, 2018 Supplement 1. Medical Marijuana Dispensary Ordinance Dispensaries are allowed Cultivation and processing facilities are not allowed All restrictions apply equally to dispensaries and pharmacies Only allowed in the Commercial General zoning district Property must have frontage on Atlantic Boulevard or Mayport Road Dispensaries must be at least 500 feet from: o Schools and child care centers; o Religious institutions; and o Other dispensaries Must follow all state requirements 2. Automotive Service Station Ordinance Gas stations o New definition for gas station and fuel pump o Only allowed in the Commercial General zoning district (removed from Commercial Limited) o Limit of 7 fuel pumps o Property must have frontage on Atlantic Boulevard or Mayport Road o Enhanced landscaping including more trees o Defined lighting restriction s at property lines o Fuel pumps must be at least 100 feet from residentially zoned properties Convenience stores o New definition for convenience store o Allowed in the Commercial Limited and Commercial General zoning districts Car washes o Only allowed in the Commercial General zoning district o Must be at least 100 feet from re sidentially zoned properties Electric charging stations o New definition for electric charging station o Allowed in the Commercial General zoning district Agenda Item 1D March 12, 2018 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission Yvonne Calverley, Executive Assistant to the City ManagerJc__.., February 21, 2018 (/ None The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • A Town Hall Meeting is tentatively scheduled for Saturday, April 14 at 10 am in the Jordan Park Community Center. • The Northeast Florida League of Cities dinner will be held on Thursday, May 17 at the Atlantic Beach Country Club. The beach cities will sponsor the dinner with Atlantic Beach as host. • City Hall offices will be closed on Monday, May 28 for the Memorial Day Holiday. The regularly scheduled Commission Meeting will be held on Tuesday, May 29 at 6:30 pm. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for April through June 2018 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (April through June 2018) CITY MANAGER: Agenda Item 3B March 12, 2018 Members present: MINUTES City of Atlantic Beach Board Member Review Committee Meeting February 28, 2018 John Stinson-Chair of the Board Member Review Committee and City Commissioner Sally Clemens-Citizen Member Kenneth Reeves -Citizen Member Judith Leroux-Chair of the Environmental Stewardship Committee (arrived at 5:36p.m.) Member(s) absent: Jennifer Lada-Citizen Member Staff present: Donna Bartle -City Clerk Call to Order: Commissioner Stinson called the meeting to order at 5:32p.m. and welcomed Kenneth Reeves to the Committee. He explained that Ms. Leroux will be arriving soon and Ms. Lada is unable to attend tonight. 1. Approval of minutes: A. Approval of the minutes of the Board Member Review Committee meeting ofNovember 7, 2017. Commissioner Stinson asked if there were any changes to the minutes. There being none, he asked for a motion to accept the minutes as presented. Motion: Accept the minutes as presented. Moved by Clemens, Seconded by Reeves Motion carried unanimously (Ms. Leroux was not present for this vote.) 2. Interview the candidates (listed below) for consideration to the Environmental Stewardship Committee. A. Sarah Boren B. Steve Kallao C. Michelle Vieira There was a discussion about notifying the Board Member Review Committee when vacancies occur on our boards/committees and providing a list of members. The Committee interviewed Ms. Boren, Mr. Kallao and Ms. Vieira separately. An overview of the duties and responsibilities of the Environmental Stewardship Committee was explained to each Minutes of the Board Member Review Committee on February 28, 2018 Page 1 of2 Agenda Item 7A March 12, 2018 candidate. Each candidate explained their personal accomplishments, experience, goals and interests in the community. The Committee offered the opportunity to ask questions and the Committee responded to those questions. 3. Discuss the candidates (listed above) and make recommendations on filling the vacancies. The Committee discussed the candidates and made the following recommendations: Motion: Recommend appointing Sarah Boren as the District 1306 member of the Environmental Stewardship Committee for the unexpired term ending December 31,2020. Moved by Clemens, seconded by Reeves Motion Carried unanimously Motion: Recommend appointing Steve Kallao as an at-large member of the Environmental Stewardship Committee for the unexpired term ending December 31, 2020 and consider appointing Michelle Vieira to the next available vacancy for which she qualifies for on or before January 1, 2019. Moved by Leroux, seconded by Clemens Motion Carried unanimously 6. Other Business Adjournment There being no further discussion, Commissioner Stinson declared the meeting adjourned at 7:33 p.m. John M. Stinson Chairman Minutes ofthe Board Jvfember Review Committee on February 28, 2018 Page 2 of2 Agenda Item 7A March 12, 2018 AGENDA ITEM: SUBMITTED BY: TODAY'S DATE: MEETING DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No. 18-08 authorizing the execution of an agreement with the Florida Department of Transportation for the construction of a sidewalk and associated bicycle safety improvements on Sherry Drive and Seminole Road . Joe Gerrity, City Manager March 6, 2018 March 12, 2018 SUMMARY: In May 2016, the City Commission approved an agreement for the Jacksonville Tran sportation Authority to administer the construction of a pede strian and bicycle sidewalk on Sherry Drive and Seminole Road from Ahern Street to 17th Street. With the project publicly vetted and engineered, the next step is for the City of Atlantic Beach and the Florida Department of Transportation to enter into a construction and maintenance agreement. The sidewalk project construction will be funded entirely by FDOT with no financial obligation on the part of the City of Atlantic Beach. Upon completion of the project, the City of Atlantic Beach will be responsible for the sidewalk's maintenance. Construction bids will be solicited shortly after adoption of this resolution and execution of the agreement with FDOT . On February 28, 2018, FDOT said that the construction budget is $688,246 . CITY MANAGER: -~~=-----'A"""-----===-=~ ... IE.t*,..-------- ATTACHMENTS: • Resolution No . 18-08 • Memorandum of Agreement between the City of Atlantic Beach and the Jacksonville Tran sportation Authority executed Oct . 12, 2016. 1 Agenda Item 8A March 12, 2018 RESOLUTION NO. 18-08 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF A SIDEWALK AND ASSOCIATED PEDESTRIAN AND BICYCLE SAFETY IMPROVEMENTS ON SHERRY DRIVE AND SEMINOLE ROAD; ACKNOWLEDGING THAT THE PROJECT IS FUNDED BY FDOT AND NO CITY FUNDS WILL BE UTILIZED FOR CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the health and safety of children, particularly in the area of Atlantic Beach E lem entary School , is of highest concern to the citizens of Atlantic Beach; WHEREAS, in May 2016 , the Atlantic Beach City Commission approved an agreement for the Jacksonvill e Transportation Authority to administer a pedestrian and bicycle sidewalk on Sherry Drive and Seminole Road from Ahem Street to 17th Street; WHEREAS, now that the sidewalk project has been publicly vetted and engineered, the City of Atlantic Beach desires to enter into an agreement with the Florida Department of Transportation (FDOT) to proceed with construction; an WHEREAS, the engineering and construction is being funded by FDOT with no fmancial obligation on the part of the City of Atlantic Beach. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follow s: SECTION 1. The City Commission hereby approves a contract with FDOT for the construction of a si dewalk and associated pedestrian and bicycle safety improvements on Sherry Drive and Seminole Road from Ahem Street to 17th Street. SECTION 2. The City Commission acknowledges that the sidewalk project is fully funded by FDOT and no additional city funds will be utili zed to complete the proj ect. SECTION 3. The City Manager is hereby authorized to execute contracts as necessary to effectuate the provisions of this Resolution. SECTION 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day of March, 2018. Agenda Item 8A March 12, 2018 Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M . Durden, City Attorney Ellen Glasser, Mayor Agenda Item 8A March 12, 2018 Financial Project ld . No. 434343-1-58-01 Federal ld. No . ~D=.2.!...17!..._-~0.!-'75~--"'B~___,.-----:--:-----:: Project Description Sidewalk on Sherry Drive Atlantic Beach Elementary Off System Agency Construct & Ma intai n EXHIBIT "C" Memorandum of Agreement Between City of Atlantic Beach and Jacksonville Transportation Authority MEMORANDUM Of AGJIEEMI:NT BETWEEN THE CfTY OF ATLANTIC BEACH AND TH.E JACKSONVILlE TAANSPORlA110N AUTHORITY FOR THE SHERRY DRIV£ SAfETY WAU<S SIDEWALK PROJ£CT The Memorandum of Agreement (this ..,Agreement") ·1~ made as .of O~b?.v l2. 2016, by and between the lACKSONVJil.£ TRANSPORTATION AUTHORI1Y, a booy polftlc and corporate and an agency of the State of Florida ~ted pursuant to Part n, Chapter 349, Ftonda Statutes, whose ptlmary business address is 12.1 West R>rsy:tf) Street, SUite 200, Jadlcsonvllle, Fl 32202 (the "JTA1 and the CnY OF ATI.AHTIC BEAOI, a Florida munldpal oorporatiOn whose primary business . address ls OooJ'eminol e &L '*'· 84, EL SZ-23 (the "City"). The JTA. and the City may herei nafter be referred to singularly as a "'Party" or coiJective[y u "Parties," WrtNESSETH WHOfAS., it is In the interest of the C[ty and JTA to work together to address mobility In the City and to combine efforts to more cost effecthlely provide mob!Qty options for the cititens of tfle City and of Northeast Floridlt; and WHEREAS, JTA Is engaged In the business of addressing mobiRty In Northeast FJorlda and has delivered numerous transPOrtJtlon projects In Duval County and presently desires to construct a sidewalk along Sherry DrlYe and Seminole Road, from Ahern Stn!et to 17tli Street., as weU as minor drainage and intscertaneous improvermmts which may Impact l-andscaping. mallbOlf.es and utilities along Sherry Drive and Semfnole Road within Oty risht-of-way (the Project"); and WHfflfAS, The Cttydeslres to have JTA construct the ProJect; and · NOW, lliEREFORE, In consideration of sood and valu:able conslderatfon, the receipt and sufficiency of which are hereby BCknowle.dge(l, the Parties hereby agree ·llS follows: 1. Retltal1 . The recltals above are true and correct and Incorporated herein by this referer1ce. 2. Obllutlops of the tttv. The City llgrefl to: a. Lead and direct all public Involvement efforts for the Project, including meeting With the City Corpmbsion, and conducting a pobllc meeting to present Project objectives and address pubUc questions and ·concerns. b. Accept ownersh1p and maintenance responsibilities. for the Pr:oject. a. 9l?lfntion of the JTA. The JTA agrees to: a. Administer the Project. b. Keep the City advised of the progress of the Project design and oool111oate with the City all known public concerns w1th the Project. 4. MisceUanequs. a. Entire Agr:eement. This Asreement folly and completely expresses the asreement of the Parties with respect to the matters contained herein and s.h!lll not be modified or further amended ei(Cept by Wii:tten agreement executed by Page1cf3 D2 Legal Form OffAgCMA FINAL/7-5-2017 Page 24 Agenda Item 8A March 12, 2018 Financial Project ld. No . 434343-1-58 -01 Federal ld. No . ~D:=.2_!_17c-~0~75:!.:-:.!:!B~-------- Project Description Sidewa lk on S herry Drive Atl antic Beach Elementary Off System Agency Const ruct & Maintain EXHIB IT "C" Cont. each of the Parties hereto. Any and all riders and exhlblts attached to this Agreement are made part of this; ABreement for aiJ purposes. b. No Waiver, No proviston of this Agreement slla!J be deemed to have been waived by JT'A or atv unless such waiver be In writil18 s(Sned bv .the waivrll8 Party and addressed to the other Party, nor shaJJ anv wstom or practics wh ich may grow up between the Parties In the administration of the prov!Jions hereof be construed to wailte or lessen fhe r'lsht of .ITA or Otv to lnslst upon the performance by tbe other Party In strict accordance with the terms hereof. ~. SUtc;assors and Assigns. The termsi provisions, covenants, and COfldltlons contained In this Agr;eement shall apply to, Inure to the beneflt of, and be binding upon the Parties hereto, and upon their respective successors in Interest and legal representatives, except as otherwise herein expressly prollided. d. Partiill Jnvalidltv. If any terms of this Agreement. or 1he application of the -term to aoy person or drcumstance is, to any extent lnvalld or unenfon:eabfe, the remainder of ·thfs Agreement, or the ~plication of the tenn to persol15 or circumstances other than those as to which the term Is held lnvand or unenforceable; will not be affected by the appllcatloD, and each term of this Agreement will be valid and will be enforced to the fuUest extent pe1mltte.d by law . e. Further Apurances.. The Partles a,gree to execute and deliver such other documents and Instruments as may be reasonably required to effectuate the purposes of this Agreement . · (Signature Page Follows) Page2of3. D2 Legal Form OffAgCMA FINAL /7-5-2017 Page 25 Agenda Item 8A March 12, 2018 Financial Project ld. No. 434343-1-58 -01 Federal ld . No . =<D.=.21,_,7,--0"'-'7'-"5'-'-B"'---------- Project Description Sidewa lk on Sherry Drive Atlantic Beach Elementary Off System Agency Construct & Maintain EXHIBIT "D" (RESOLUTION) D2 Le gal Form OffAgCMA FINAL/7 -5-2017 Pa ge 27 Agenda Item 8A March 12, 2018 .. -~ .i I ... MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE JACICSONVIU£ TRANSPORTATION AUTHORITY FOR THE SHERRY DRIVE SAFETY WAUCS SIDEWALK PROJECT The Memorandum of Agreement (this *Agreement") ·Js made as .Of ~tev-l'2. 2016, by and between the JACJCSONVIU£ TRANSPORTATION AUTHORITY, a body politic and corporate and an agency of the State of Florida created pursuant to Part II, Chapter 349, Florida Statutes, whose primary business address is 121 West FOrsyth Street, Suite 200, JadcsonvJIIe, Fl 32202 (the "JTA•) and the CITY OF ATI.ANTlC BEACH, a Rorfda munidpal rorporation whose primary business address Is 8/J()J'eminole &/)frH, 8th, ~L 22-Z~~ (the "City"). The JTA and the Oty may h~relnafter be referred to singularly as a "Party" or collectively as "Parties." WITNESSETH WHEREAS, it Is in the interest of the City and JTA to work together to address mobility in the City and to combine efforts to more cost effectively provide mobility options for the citizens of the City and of Northeast Florida; and WHEREAS, JTA Is engaged in the business of addressing mobility In Northeast Florida and has delivered numerous transportation projects In Duval County and presently desires to construct a sidewalk along Sherry Drive and Seminole Road, from Ahern Street to lt' Street, as weU as minor drainage and miscellaneous improvements which may impact landscaping, mailboxes and utilities along Sherry Drive and Seminole Road within City right-of-way (the Project"'); and WHEREAS, The Oty desires to have JTA construct the Project; and · NOW, THEREFORE, In consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree ·as follows: 1. Recitals. The redtals above are true and correct and incorporated herein by this reference. 2. Obllsatlons of the Citv. The City agrees to: a. lead and direct all public involvement efforts for the Project, including meeting with the Oty ~mission, and conducting a public meeting to present Project objectives and address pubHc questions and concerns. b. Accept ownership and maintenance responslbUit:Jes for the Project. 3. ObiJcationoftheJTA. TheJTAagreesto: a. Administer the Project. b. Keep the City advised of the progress of the Project design and coor~lnate with the City all known public concerns with the Project. 4. Miscellaneous. a. Entire Agreement. This Agreement fully and completely expresses the agreement of the Parties with respect to the matters contained herein and shall not be modified or further amended except by written agreement exearted by Pagelof3 Agenda Item 8A March 12, 2018 • each of the Parties hereto. Any and all riders and exhibits attached to this Agreement are made part of this Agreement for all purposes. b. No Waiver. No provision of this Agreement shall be deemed to have been waived by ITA or City unless such waiver be In writing signed by. the waiving Party and addressed to the other Party, nor shall any custom or practice which may grow up between the Parties In the administration of the provisions hereof be construed to waive or lessen the right of JTA or City to Ins ist upon the performance by the other Party In strict accordance with the terms hereof. c. Sug:essors and Assigns . The terms, provisions, covenants, and conditions contained In this Agreement shall apply to, Inure to the benefit of, and be binding upon the Parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided. d. Partiallnval!dltv. If any terms of this Agreement, or the application of the-term to any person or circumstance Is, to any extent, Invalid or unenforceable, the remainder of this Agreement, or the application of the term to persons or circumstances other than those as to which the term is held Invalid or unenforceable, will not be affected by the application, and each term of this Agreement will be valid and will be enforced to the fullest extent permitted by law. e. Further A5surances. The Parties agree to execute and deliver such other documents and Instruments as may be reasonably required to effectuate the purposes of this Agreement. · (Signature Page Follows) Page2of3 Agenda Item 8A March 12, 2018 ORDINANCE NO. 95-18-115 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED SOURCES, CERTIFICATES OF SOURCE, PENAL TIES AND ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the humane treatment of animals is an important public purpose; and WHEREAS, puppy and kitten mills are inhumane and unsanitary commercial breeding facilities for dogs and cats in which the health of the dogs and cats is disregarded to maintain a low overhead and maximize profits; for example, by keeping parent dogs and cats in cages for their entire lives without adequate food, water, veterinary care, or socializations; breeding females multiple times per year with little to no recovery time between litters; and breeding dogs and cats regardless of whether they carry congenital or hereditary diseases; and WHEREAS, according to United States Department of Agriculture reports, documented problems found at puppy and kitten mills include: 1) sanitation problems leading to infectious diseases; 2) large numbers of animals overcrowded in cages; 3) lack of proper veterinary care for severe illnesses and injuries; 4) lack of protection from harsh weather conditions; and 5) lack of adequate food and water; and WHEREAS, the Humane Society of the United States estimates that each year two to four million dogs and cats are born in the United States in puppy and kitten mills; and WHEREAS, the most effective way to stop puppy and kitten mills is to discourage the purchase and sale of puppies and kittens produced at these inhumane facilities; and WHEREAS, according to the Humane Society of the United States, although American consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in reality, the animals that come from mills often face an array of health problems; including not only communicable diseases or genetic disorders that present immediately after sale, but also diseases or disorders that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers; and WHEREAS, numerous alternatives exist for people to find pets, including adoption of animals from public and private animal rescue organizations or purchase from reputable and conscientious breeders; and WHEREAS, across the country, thousands of independent pet stores and large chain stores operate profitably with a business model focused on the sale of pet services and 00918792-1 Agenda Item 9A March 12, 2018 supplies and not on the sale of dogs and cats, often collaborating with local animal shelters and rescue organizations to offer space and support for showcasing adoptable, homeless pets on their premises; and WHEREAS, the adoption of regulations governing the sale of dogs and cats in the City will promote community awareness of animal welfare and foster a more humane environment and encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the costs to the public of sheltering animals. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Findings. The foregoing recitals are true and correct. SECTION 2. New Section 4-16. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 4-16, which section shall read as follows: Sec. 4-16. Requirements for Sales of Dogs and Cats. Requirements for sales of dogs and cats: definitions: permitted sources: certificate of source: penalties. (a) Prohibition. (1) Retail Pet Sales Restricted. No pet store shall display. sell. deliver. offer for sale, barter. auction. give away or otherwise transfer or dispose of pets in the City on or after the effective date of this Section. (2) Pet Mills Prohibited. No pet mills shall be permitted to operate in the City of Atlantic Beach. (b) Exemptions. This Section shall not apply to: (1) An animal shelter: (2) Animal rescue organization: (3) An animal shelter or animal rescue organization which operates out of or in connection with a pet store: ( 4) An animal hospital or veterinarian's office: (5) A pet store engaged in the display. sale. deliver. offer of sale. barter. auction. gifting or transfer of pets other than cats or dogs: Ordinance No. 5-18-65 Page 2 of7 Agenda Item 9A March 12, 2018 (6) A pet store or its owner. operator or employees that provide space and appropriate care for animals owned by a publicly operated animal control agency. nonprofit humane society or nonprofit animal rescue agency and maintained at a pet store for the purpose of adopting those animals to the public: (7) Hobby breeders. (c) Certificate o[Source. A pet store. animal rescue organization or animal shelter that obtains dogs or cats from a permitted source shall post conspicuously on the cage of each dog or cat: (1) The name and address of the source from which the dog or cat was obtained and date thereof: (2) A copy of the certificate of source shall also be provided to the purchaser or transferee of any pet: (3) A description of the dog or cat. including species breed. sex. color and distinctive markings. physical condition and health. and age (if known): and ( 4) For each dog or cate receiving medical care while in the custody or control of the pet dealer or pet shop. the type of service rendered. date and veterinarian's name. (d) Definitions. For purposes of this Section. the following words. terms. and phrases shall have the following meanings: (1) Animal Rescue Organization means humane society or other duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c)(3) of the Internal Revenue Code. which organization is devoted to the rescue. care and/or adoption of stray. abandoned. injured or surrendered animals and which does not breed animals and which obtains its animals through donation only. (2) Animal Shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue. care and adoption of stray. abandoned or surrendered animals. and which does not breed animals. Ordinance No. 5-18-65 Page 3 of7 Agenda Item 9A March 12, 2018 (3) Cat means an animal of the Felidae family of the order Carnivora. ( 4) Certificate ofSource means a copy of a notarized affidavit of verification from the source from which the pet was obtained. (5) Dog means an animal of the Canidae family of the order of Carnivora. (6) Hobbv Breeder means any person or entity that causes or allows the breeding or studding of a dog or cat resulting in no more than a total of one litter per adult female animal per calendar year whether or not the animals in such litter are offered for sale or other transfer from the premises on which they were bred. This does not include a breeder that sells to a retail store. (7) Pet Mill means a facility where pets are bred for the purpose of selling them and where any two of the following conditions are found to exist: a. More than twenty (20) dogs under the age of 12 weeks or more than twenty (20) cats under the age of 16 weeks are kept at a single time: b. No genetic or heredity health testing appropriate for the breed is conducted: c. No long term (over one [1] year) guarantees are honored: d. A single female is bred every cycle: e. A single female is bred more than five (5) times: f. There are no records of the dog or eat's parents: g. More than eight (8) dogs or cats are kept in a single cage or kennel area. (8) Pet Store means a pet shop. pet groomer. pet beauty parlor or other retail establishment open to the public and engaging in the business of selling pet supplies and/or services and/or offering for sale and/or selling animals at retail. Ordinance No. 5-18-65 Page4of7 Agenda Item 9A March 12, 2018 (9) Pet Store Operator means a person who owns or operates a pet store or both. (10) Retail Sale includes display. offer for sale. offer for adoption. barter. auction. give away or other transfer of any cat or dog. (e) Penalties. Any person who violates this section shall be subject to a fine of $250.00 per day per animal for the first violation within a twelve (12) month period. and a fine of $500.00 per day per animal for any subsequent violation within a twelve (12) month period. The Atlantic Beach Police Department I Atlantic Beach Animal Control shall enforce the provisions set forth within this Section. Each day any violation of any provision of this Section shall continue constitutes a separate offense. (f) Special magistrate. A notice of violation shall be taken before the City's special magistrate for consideration of the alleged violations of this section and applicable fines. The special magistrate shall exercise jurisdiction over such matters in accordance with Section 2-146.1 of the Code of Ordinances of the City of Atlantic Beach. SECTION 3. Section 2-146.1, Jurisdiction of Special Magistrate of the Code of Ordinances of the City of Atlantic Beach is hereby amended to read as follows: Sec. 2-146.1-Jurisdiction of special magistrate. (a) A special magistrate or special magistrates shall be appointed and removed by the city manager subject to the approval of the commission and shall have the jurisdiction and authority to hear and decided alleged violations of the section4-10, dangerous dogs, section 4-11, classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. and alleged violations of Section 4-16. Requirements for Sales of Dogs and Cats. Appointment of the special magistrate shall be made on the basis of experience and interest in the subject matter. A special magistrate must be a member in good standing of the Florida Bar. (b) The special magistrate shall receive such compensation as determined by the commission. (c) The special magistrate shall have the power to: (1) Adopt rules for the conduct of the hearings. (2) Subpoena alleged violators and witnesses to hearings. (3) Subpoena evidence. (4) Take testimony under oath. Ordinance No. 5-18-65 Page 5 of7 Agenda Item 9A March 12, 2018 (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (d) The special magistrate may impose fines and penalties to cover all costs incurred by the city in enforcing its codes. Criteria that the special magistrate may consider include, but is not limited to, the following: (1) As to Sections 4-10 and 4-11 ofthe Code of Ordinances: f8a. The gravity of the incident giving rise to the dangerous dog declaration. fBb. Any previous animal control violations. fB-c. Any actions taken by the dog owner to prevent or correct aggressive behavior. {43-d. The complexity and resources required to complete the investigation. f&j-e. The cost and outcome of the hearing. (2) As to Section 4-16 of the Code of Ordinances: a. The gravity of the incident giving rise to the allege violation(s). b. Any previous sales of dogs or cats in violation of Section 4-16. c. Any actions taken by the violator to prevent or correct the alleged violation(s). d. The complexity and resources required to complete the investigation. e. The cost and outcome of the hearing. SECTION 4. Conflict All ordinances previously adopted by the City and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 5. Severability If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Ordinance No. 5-18-65 Page 6 of7 Agenda Item 9A March 12, 2018 shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. SECTION 6. Effective Date. This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 12th day of February, 2018. PASSED by the City Commission on second and final reading this 26th day of February, 2018. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney Ordinance No. 5-18-65 Page 7 of7 Agenda Item 9A March 12, 2018 Amended Item 10A March 12, 2018 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 17-SPPR-501 Public Hearing Request for re-plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at RE # 172027-0100. Derek W. Reeves, Planner /A-- March 1, 2018 BACKGROUND: The owners of the 7.21 acre vacant property at the northeast comer of 11th Street and Linkside Drive , known as Selva Preserve, are requesting to plat the property creating eleven lots. Included in the plat are the eleven lots, a private gated road and a conservation area. Surrounding the property is are single-family residential uses with the Atlantic Beach Country Club the northwest. Please review the attached staff report to the Community Development Board for more detailed information. The proposed plat has been reviewed by staff from various departments and meets all code requirements with the exception of one issue. The one outstanding issue at the time of writing this staff report is the measurement of a buffer from water bodies. Section 24-272( c )(1) of the code requires a minimum 50 foot buffer from the mean high water line of water bodies . The plat currently shows this buffer starting at the top of bank of Sherman's Creek. The applicant is working on a resolution to this issue . The Community Development Board did consider this issue and recommended that the applicant seek a waiver allowing them to measure from the top of bank if they increased the buffer to 60 feet. The Community Development Board reviewed this plat at their January 16 ,2018 meeting where they recommended approval to the City Comm ission in a unanimous vote. The Commission discussed this item at their February 12 , 2018 regular meeting. BUDGET: None. RECOMMENDATION: To hold a Public Hearing and consider item 17-SPPR-501. ATTACHMENTS: 17-SPPR-501 app lic at ion, CDB StaffReport REVIEWED BY CITY MANAGER: --*~=---__:_~-~=----·~L__ ________ _ Amended Item 10A March 12, 2018 Mentioned earlier is t he prese nce of wetla nd s o n th e s it e . The app li cants do have permits from the St. Johns River Water Ma nagement District and t he Army Co rp of E ng in ee rs for filling and re sto ration activ iti es o n the s ite. T h ose p e rmits ca ll for 1.12 acres of wet land s to be fi li ed . At th e same time 0.48 acres of wetlands wi ll be created and 0 .7 acres w ill be resto re d for a total of 1.18 acres of new wetland s. A dditi o nally , 2 .07 ac re s of wetlan d s w ill be e nh a nced. T he app li cant's team an d th e C ity 's own co ns ultants have stated that the exist in g wetlands on site are d egraded. No c hanges are p roposed to the ex istin g waterway of S herman 's Creek. While staff a nd it s cons ultants have rev iewed preliminary eng in ee ring plan s for t he proj ect, a ll activ iti es de sc ribed w ill ha ve to be permitted sepa ratel y of th e plat approval proce ss . Secti o n 24-272(b) of th e code and Policy A.l.2.l (d) of th e Co mprehen sive Pl an , both call for no ne t loss of wetlands within the C ity. They both a lso call for d eve lopm e nt projects to miti gate , restore , enhance or recover wetlands w he n im pact in g wetlands . T he proposed creation , restoration and enhancement of we tland s is be in g d o ne to offse t the dev e lopm e nt s impacts a nd to meet th e code require ment. T he St. J o hn s Riv e r Water Manage ment Di strict has required that the appli cant s pl ace the previo us ly mentioned conservation easeme nt o n th e post d eve lo pm e nt wetla nd areas. T hi s is a permanent deed restriction th at w ill protect th e wetla nd s a nd preve nt f uture deve lo pme nt o n th ose areas. In add iti o ns t o the no net loss of wet land s , Sect io n 24-272( c) requires buffers from water features and wetl ands. A 50 foot buffer is required from water bo di es , including Sherman 's C reek . Cod e requires thi s buffer to be meas ured from th e mean hi g h water lin e . H owever , this line has not been estab li s hed so th e app licants are s howing the bu ffer from the top of bank . This is th e on ly outstanding co mm ent on the plat. T he fundamenta l qu estion is if th e mean hi g h water lin e can be above the top of bank . T hi s may req uire a wa iver fro m th e Comm issio n, if it can not be se ttled . T he seco nd required buffer is a 25 foot upland buffer from we tland s . The upland buffer is to remain in it s natural state . This buffer prov id es an area for c he mical s s uch as fert ili zers and pesticides from th e deve loped area to filte r out of s urface water befo re reachin g the we tland s. As permitted by the code, th e a ppli cants are propos in g an average 25 foot buffer. T hi s buffer is shown o n the pl at west (deve lopme nt s id e) of t he conservation easement. T he a pplicant a nd th e C it y 's consu lt ant have questioned the log ic in p rov idin g a n upland buffer in a reas that have been fill ed as thi s basica ll y requires them to fi II more wetlands just to provide th e buffer. If th e Board finds the concept agreeable , the applica nt would li ke to see k a wa iv e r fro m th e Commission that wo uld a llow th e m to co nstruct a swa le and berm syste m o n t he d eve lopment s id e of the proposed 25 foot buffer an d allow the remainder of the buffer to be wetla nd s o r upland s depending on the si tuati o n. T he swa le an d berm system is s p ec ifi ca ll y permitted in the code w ith a waiver. U ltimatel y, thi s wo uld resu lt in more wet lands and less fi ll , whi le s till accomp li s hin g the necessary filtration . T he fill , creatio n, restoration a nd e nh a ncem ent of wet la nd s o n s it e wi ll require extens iv e tree remova l. T he app licant has acknow le d ged a nd agreed to fo ll ow the C it y 's tree re mova l a nd miti gation requirements. Permitting for tr ee remova l w ill be don e se p a rate ly of t he pl at approva l process . With the proposed private road p a rall e ling a p ort io n of Linkside Driv e , the a pplica nt s have inc lud ed a I 0 foot wide landscap e buffer o n th e p lat between the two roads to serve as a v is ua l screen. T he plat it se lf ha s been rev iewed by staff and meets code requi re me nts. Pre li minary eng ine e rin g draw in gs have a lso been rev iewed by staff. T he re a re coup le of min or c han ges expected here and there, but nothing that wo uld impact the plat. Page 2 of 3 Amended Item 10A March 12, 2018 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission ofthe requested plat (File No.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 co nsiste nt with th e intent of the Co mpre hens ive Plan, an d 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 oft he req nested plat (FileNo. 17-SPPR-50 1) as required by Chapter 24, Article 4 of the Code of Ordinances within the Residential Single-Family (RS-1) Zoning District at RE# 172027-0100 provided: I. Approval of thi s plat is not cons istent 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 Amended Item 10A March 12, 2018 GEOMATICS CORP. "Where Service, Quality, and Professionalism Com e Together" Fe bruary 27,2018 To whom it may concern: Based upon wate r level m eas urem ents taken betwee n Fe bru ary 13, and Februa ry 19 ,2018 it is my opinion that the portion of Sherman Creek that is adjacent to the propose d Selva Preserve Subdiv ision in th e City of Atlantic B eac h, Duval Co un ty, F lorida is not s ubject to tidal influ e nces and therefo re do es not require a mean hi g h water dete rmin atio n. Si ncerely, /o~ Terry M. Durd e n Professional S urveyor and Mapper F lo rida License N umb er 526 1 A DB E CERTIFIE D FIRM Geomati cs Corp ., 2804 N . Fifth Stree t, St. Au g usti ne, FL 32084, pho ne 904-824-3086 , fax 904-824-575 3 Some items for discussion in Reso l ution to reduce gun violence and keep schools safe • Restrict or ban purcha se of military sty l e se mi -automatic assault weapon s and high capacity magazines • Impose minimum age requirement of 21 for the possession and purchase of firearms (with active duty military exception} • Require 100% mandatory background checks for al l purchases • Increase Safe Schools funding for school resource officers, updated school plans to refl ect best practices, and facility upgrades • Require current CPTED (Crime Prevent i on through Environmental Design} surveys at all schools • Increase active shooter and teacher first responder training • Rev i ew and re-tool the syste ms needed for law enforcem e nt to re act to warning signs of dangerous behavior • Increase fundin g for mental health issue s with a renewed commitment to preventing school violence • Oppose arming teachers and school staff • Remove the preemption on cities and counties from enact i ng local gun control mea sure s commensurate with local value s. • Support Red Flag Laws that allow law enforcement and immediate family members to petition a court for an Extreme Risk Protection Order Agenda Item 10C March 12, 2018