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02-12-18 Commission MinutesMINUTES CITY OF ATLANTIC BEACH CITY COMMISSION MEETING FEBRUARY 12, 2018 -6: 30 PM IN ATTENDANCE Mayor Ellen Glasser City Attorney Brenna Durden Commissioner Candace Kelly City Manager Joe Gerrity Commissioner Brittany Norris City Clerk Donna Bartle Commissioner John Stinson Recording Secretary Nancy Pyatte Commissioner M. Blythe Waters Invocation and pledge to the flag 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 6:35 P.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. REGULAR COMMISSION MEETINGFebruary 12, 2018 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 813, Selva Preserve Plat. Stephen Fouraker, spoke about item 81) 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 form 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 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) Gerrity 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 Gerrity 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 Norris 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, AWARDING 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 Gerrity 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 6h Street Overlook, the to aKayak Launch, and the Viewing Platform/Fishing Pier ( Fishing Pier). Due 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 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 North 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 Bartle called the speakers: Mitch Reeves, spoke in opposition to the extension of the moratorium and spoke about the RaceTrac gas station on Mayport 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. 0 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 Norris 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 readinE. Moved by Norris, Seconded by Waters Discussion ensued from 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 deferring action until after Item 8C was discussed, the multiple drafts presented to and not accepted by the public, the current 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 Reports 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 Norris, Seconded by Kelly 5 REGULAR COMMISSION MEETINGFebruary 12, 2018 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: 00 P.M. and reconvened the meeting at 8: 05 P.M. 8. Miscellaneous Business A. Public Hearing-PLAT17-0004 Request for re -plat approval as required by Chapter 24, Article 4 of the 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 Ahern Street). Mayor Glasser read the title into the record. Planner Derek Reeves addressed the Commission referring 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 turn -grounds from being used as additional parking spaces, the sidewalks on Ahern St., and restricting vehicles from backing out onto East Coast Dr. because of visibility. City Attorney Durden addressed the Commission explaining options for adding provisions, 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. 0 REGULAR COMMISSION MEETINGFebruary 12, 2018 There was discussion suggesting the addition of low -mounted signs or surface markings for `No Parking' in the turn-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, turn -grounds, 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 opportunity to address and ensure there are no development issues. It was noted the plat approval needs to reflect the citizen' s concerns 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 Ahern 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. Ahern St. is improved with sidewalks. it received unanimous approval from the CDB. it is a good fit bordering residential and commercial areas. City Attorney 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 turn-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 turn- 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 Gerrity explained this property 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. Gerrity invited environmental experts for the City' s flood plan and environmental issues to take part 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 February 12, 2018 REGULAR COMMISSION MEETING Planner Derek Reeves addressed the Commission referring 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 current code requires, and that the proposed plat meets code requirements. He spoke about the option of doing a burm/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 burm/swail 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 Carter 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. Carter 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 Swann, 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 REGULAR COMMISSION MEETINGFebruary 12, 2018 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 burm/ 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 burm/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 burm/swail 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 burm/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 burm/ 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 burm/swail systems and maintenance, buffers, lots/areas impacted, waivers, the SJRWMD guidelines and modification of the SJRWMD permit, tide markings, the applicant' s willingness to increase from a 50 ft. to a 60 ft. waterway buffer, and creating a hybrid burm/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 burm/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. Gerrity 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. 0 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 8D before Item 8C 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 of parking 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 of UBEX 17-0004. Moved by Stinson, Seconded by Norris 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 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 north 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 arterial 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 property 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 information 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 certification. CM Gerrity inquired of Mr. Diebenow about scheduling a meeting with the restaurant group/developers. Mr. Diebenow acknowledged the request. 11 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 property is secured/safe, boarded, and condemned if necessary. The fuel tanks are regulated by the Department of Environmental Protection DEP). On the topic of closed gas station properties 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 certain percentage of the value. Commissioner Kelly spoke about neighborhood preservation and the Mayport Road Corridor improvements, noting that Mayport 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 Ahern St. Plat. 12 February 12, 2018 REGULAR COMMISSION MEETING B. Accept the 90 -Day Calendar (February 2018 through April 2018). 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 article 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`h 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: 30 P.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 Mayport Middle School. 13 February 12, 2018 REGULAR COMMISSION MEETING Adjournment There being no further discussion, Mayor Glasser declared the meeting adjourned at 11: 25 PM. ATTEST: Ellen Glasser Mayor, Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 14 ATTACHMENT A February 12, 2018 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 17-SPPR-501 Request for re -plat approval as required by Chapter 24, Article 4 of the Code of Ordinances at RE # 172027-0100. SUBMITTED BY: Derek W. Reeves, Planner DATE: February 6, 2018 BACKGROUND: The owners of the 7. 21 acre vacant property at the northeast corner of 11' x' 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. The code requires a 50 foot buffer fi•om the mean high water line of water bodies. The plat currently shows this buffer starting at the top of batik. of Sherman' s Creek. The applicant is working to determine the mean high water line so that the plat can be updated. The Community Development Board recommended that the applicant seek a waiver allowing them to measure from the top of batik if they increased the buffer to 60 feet. The Community 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 from wetlands. The code the does specifically allow such designs if a waiver is granted. The benefits of such a waiver is that some wetlands would not have to be filled just to provide an upland buffer from wetlands. theirThe Community Development Board reviewed this plat at January 16, 2018 meeting where they recommended approval to the City Commission in a unanimous vote. BUDGET: None. RECOMMENDATION: To move the plat forward to a Public Hearing on February 26, 2018. ATTACHMENTS: 17-SPPR-501 application, CDB Staff Report REVIEWED BY CITY MANAGER: xnrmcaMm ATTACHMENT A February 12, 2018 SEL A PRESERVE PLAT 90011PACE PAG! l Of 3 PAG[.^9EINC A PORTIDN OF SECTIONS IS AND FT, TOWNSHIP-2—SOUTH, RANGE-29—EAST, OUVAL COUNTY, FLORIDA. nm <d w mm. •'"^'n^® n. 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RECEIVEDRECEIVED JAX -JAX -55 i01Si01S BNIEIBNIEI popartmantpopartmant cMcM ofnuanueofnuanue Douh,Douh, FLFL ATTACHMENT A February 12, 2018 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4. D CASE NO. 17-SPPR-501 Request for plat approval ns required by Chapter 24, Article 4 of the Corte of Ordinances at RE# 172027-0100. LOCATION RE# 172027-0100, Northeast corner of 11' ll Street and Linlcside Drive APPLICANT Selva Preserve LLC DATE January 10, 2018 STAFF Derek W. Reeves, Planner STAFF COMMENTS The owners of the 7. 21 acre vacant property at the northeast corner of 111" Street and Linlcside Drive, known as Selva Preserve, are requesting to plat the property creating eleven lots. Included in the plat are the eleven lots, a private road and a conservation area. The property is zoned Residential Single-family 1 ( RS -1), which is governed by Section 24-105. RS -1 is a single family zoning district that permits only one dwelling unit ( single family home) per lot. The minimum lot size in RS -1 is 75 feet of width, 100 feet of depth and 7,500 square feet of lot area. All of the proposed lots meet these requirements. It should be noted that a portion of the front of each lot is proposed to be an access easement with a private road and a large portion of the rear of each lot is proposed to be a conservation easement over wetlands. The proposed plat does show developable area lines taking into account the two easements. The shortest developable depth is 66. 82 feet. This is a greater developable depth than the minimum possible of 60 feet within the zoning district. The property has PUD/ SPA zoning to the north and west, being the Atlantic Beach Country Club and Selva Linlcside. Both have single-family homes. To the east across Sherman' s Creels is RS -1 zoning. To the south across 11"' Street is the Selva Lakes PUD with two -unit townhomes and a vacant parcel along the creels owned by the Selva Lakes HOA. The Comprehensive Plan has a Future Land Use Map designation of Residential Low ( RL) for the property. RL allows a maximum density of 6 units per acre. However, density is further limited by excluding wetlands, drainage ditches and other similar features. The property has 3. 21 acres buildable uplands today. At 6 units per acre, the maximun number of allowable lots is 19. With I 1 lots proposed, the proposed plat is under the maximum possible density. A single road with access from 10' Street is proposed to provide access to each of the I 1 lots. The road terminates in a cul-de-sac at the north end. It is proposed for the road to be private with gates at the south end near 11"' Street. A second emergency access is planned about midway up the development at an existing stub out on Linlcside Drive. 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 (File No. 17-SPPR-501) 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: 1. Approval of this plat is consistentwith the intent of the Comprehensive Plan, 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 of the requested plat (File No. 17-SPPR 501) 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: 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 of 3