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01-27-18 Town Hall MinutesCITY 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 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 definition 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 • 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 beat 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 topics 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 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. Judy 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 barbeque 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 Cullen 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 Fouraker asked, regarding the smokers, if there was something in the Code about adverse effects on neighborhoods and dealing with complaints. He also discussed 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. 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. Ellen Glasser, Mayor RITF, A "W'do Donna L. Bartle, City Clerk ATTACHMENT A January 27, 2018 City of Atlantic Beach Town Hall Meeting January 27, 2018 Supplement ORDINANCE OVERVIEWS 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 restrictions 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 residentially zoned properties - Electric charging stations o New definition for electric charging station o Allowed in the Commercial General zoning district Ate. A j `/4! W.W. i