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10-24-22 Draft Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, October 24, 2022 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 2. COURTESY OF FLOOR TO VISITORS 2.A. Beaches Transit Services Presentation - Jacksonville Transportation Authority and Beaches Dial-A-Ride City of Atlantic Beach JTA Presentation 5 - 28 PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90-Day Calendar (Nov. 2022 - Jan. 2023) 90-Day Calendar (November 2022 - January 2023) 29 - 32 3.B. Selva Lakes Easement Greenway Easement Agreement 33 - 37 3.C. Utilities Purchase - Donner Road Donner Road Improvements 39 - 48 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA 7. COMMITTEE REPORTS 7.A. Reports from the Cultural Arts and Recreation Advisory Committee and the Cultural Arts and Recreation Department. Page 1 of 117 Regular City Commission - 24 Oct 2022 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 22-73 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE SUSTAINABILITY AND RESILIENCY COMMUNITY ACTION PLAN (EXHIBIT A) AS RECOMMENDED BY THE ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Link to Community Action Plan (Exhibit A) Resolution No. 22-73 49 - 54 8.B. RESOLUTION NO. 22-74 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING RENEWAL OF EMPLOYEE HEALTH INSURANCE, AS WELL AS OTHER INSURANCE BENEFIT PLANS PAID FOR BY EMPLOYEES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELEVANT DOCUMENTS ASSOCIATED WITH THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 22-74 55 - 57 8.C. RESOLUTION NO. 22-75 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING A 5% SALARY INCREASE FOR THE CITY MANAGER AND CITY CLERK RETROACTIVE TO OCTOBER 1, 2022; PROVIDES FOR CONFLICTS; AND PROVIDES AN EFFECTIVE DATE. Resolution No. 22-75 59 - 60 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 95-22-122, Public Hearing and Final Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE I, – IN GENERAL; ADDING NEW SECTION 5-9 PROHIBITING SMOKING IN CITY PARKS AND BEACHES; ADDING NEW SECTION 5-10 PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 95-22-122 61 - 64 9.B. ORDINANCE NO. 90-22-248, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO COMMERCIAL (CM); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 90-22-248 65 - 92 Page 2 of 117 Regular City Commission - 24 Oct 2022 9.C. ORDINANCE NO. 90-22-249, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL, TWO-FAMILY (RG) TO COMMERCIAL, GENERAL (CG); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 90-22-249 93 - 117 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page 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. 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’s Office by 5:00 PM, the Thursday prior to the meeting. Page 3 of 117 Page 4 of 117 0 City of Atlantic Beach Transportation Options Charles D. Frazier –SVP/Chief Operating Officer September 26, 2022 Agenda Item #2.A.24 Oct 2022Page 5 of 117 CNG Strategy/OverviewCNG Strategy/Overview Transit Operations 1 1.Jacksonville Transportation Authority 2.Transit Operations -Pandemic Recovery 3.MOVE2027 Strategic Plan 4.Transportation Options –City of Atlantic Beach 5.Questions & Answers Agenda Item #2.A.24 Oct 2022Page 6 of 117 CNG Strategy/OverviewCNG Strategy/Overview Transit Operations 3 •JTAMobilityWorks •Established in 2014 •12 Road Projects and County Transit Enhancements •University Boulevard / Merrill Road Roundabout •Alta Drive and San Pablo Road Widening •LOGT/MobilityWorks II •10 Complete Streets Projects •New Ferry Boat •Emerald Trail •Ultimate Urban Circulator (U2C) JTA High-Level Overview Transit-Oriented Development (TOD), Infrastructure & Mobility Projects •Creation of compact, walkable, pedestrian-oriented, mixed used communities centered around existing transit infrastructures Agenda Item #2.A.24 Oct 2022Page 7 of 117 CNG Strategy/OverviewCNG Strategy/Overview Transit Operations 4 JTA High-Level Overview Public Transit •Services include: •Fixed Route & Bus Rapid Transit •Paratransit (Connexion) •Alternative Mobility Services o ReadiRide o ReadiRide PLUS o Connexion PLUS o Beachside Buggies o Go Tuk’N o Beaches Dial A Ride o St. Johns River Ferry •460 square miles in Duval and 128 square miles in Clay •197 Fixed Route Vehicles •100 Connexion Vehicles •Single Maintenance Facility –Myrtle Campus Agenda Item #2.A.24 Oct 2022Page 8 of 117 CNG Strategy/Overview Pandemic Recovery: Ridership Agenda Item #2.A.24 Oct 2022Page 9 of 117 CNG Strategy/OverviewCNG Strategy/OverviewFixed Route Ridership 6 Fixed Route: Ridership Statistics June 9.3% Increase July 8.0% Increase August 17.6% Increase 9/02/22 Ridership - 20,093 Highest ridership day since start of Covid YTD Average Weekday Ridership – 16,438 FY2019 Average Weekday Ridership – 31,102 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug FY21 449,149 417,433 425,702 414,160 391,337 454,717 440,577 417,931 402,733 401,459 414,946 FY22 430,791 415,909 411,248 385,652 383,365 427,907 427,380 447,440 440,344 433,452 487,945 - 100,000 200,000 300,000 400,000 500,000 600,000 Total Monthly Ridership FY21 FY22 Agenda Item #2.A.24 Oct 2022Page 10 of 117 CNG Strategy/OverviewCNG Strategy/Overview 7 Connexion: Ridership Statistics June 3.1% Increase July 1.0% Decrease August 14.3% Increase Connexion Ridership FY22 Average Weekday Ridership – 798 Pre-Covid Average Weekday Ridership – 1,200 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug FY21 20,666 18,178 18,344 18,174 17,639 20,192 19,435 18,568 18,241 17,962 18,129 FY22 17,271 16,797 16,954 16,088 16,908 18,932 18,144 19,079 18,807 17,781 20,721 - 5,000 10,000 15,000 20,000 25,000 Total Monthly Ridership FY21 FY22 Agenda Item #2.A.24 Oct 2022Page 11 of 117 CNG Strategy/OverviewCNG Strategy/Overview 8 Connexion Plus: Ridership Statistics June 38.2% Increase July 35.1% Increase August 42% Increase Connexion PLUS Ridership FY22 Average Weekday Ridership – 374 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug FY21 5,067 4,380 4,527 4,757 4,926 6,087 6,725 7,142 7,023 6,812 7,501 FY22 9,260 9,423 9,237 8,650 8,974 10,154 10,439 10,479 9,703 9,201 10,620 - 2,000 4,000 6,000 8,000 10,000 12,000 Total Monthly Ridership FY21 FY22 FY19 Average Weekday Ridership – 77 Agenda Item #2.A.24 Oct 2022Page 12 of 117 CNG Strategy/OverviewCNG Strategy/Overview 9 ReadiRide: Ridership Statistics June 93.7% Increase July 114.2% Increase August 113% Increase ReadiRide Ridership FY22 Average Weekday Ridership – 82 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug FY21 932 803 998 913 805 875 942 966 1,034 936 1,041 FY22 1,685 1,848 1,828 1,730 1,619 1,974 1,956 1,919 2,003 2,005 2,216 - 500 1,000 1,500 2,000 2,500 Total Monthly Ridership FY21 FY22 FY19 Average Weekday Ridership – 70 Agenda Item #2.A.24 Oct 2022Page 13 of 117 CNG Strategy/Overview Pandemic Recovery: Employee Recruitment & Retention Agenda Item #2.A.24 Oct 2022Page 14 of 117 CNG Strategy/OverviewCNG Strategy/Overview 12 Transit Agencies Across The Country Are Dropping Routes And Cutting Services. Recruitment & Retention –Fixed Route Agenda Item #2.A.24 Oct 2022Page 15 of 117 CNG Strategy/OverviewCNG Strategy/Overview 13 o Current Operator Headcount:302 o Number of Operators Required for Service 307 o Current Operator Trainees Headcount :41 JTA Recruitment Success Recruitment & Retention –Fixed Route Agenda Item #2.A.24 Oct 2022Page 16 of 117 CNG Strategy/OverviewCNG Strategy/Overview 14 Recruitment and Retention •Fixed Route •Recruitment efforts have been successful, but not able to outpace attritions rates •Opportunities to increase frequency, extend span and/or new service is limited •Connexion •Recruitment efforts have been successful, but not able to outpace attritions rates •Service quality is stable at the current level of demand •Alternative Services (Connexion Plus, ReadiRide) •Recruitment efforts have been successful and service quality is stable •No requirement for Commercial Driver License and a more attractive work schedule Recruitment & Retention Summary Agenda Item #2.A.24 Oct 2022Page 17 of 117 CNG Strategy/Overview MOVE2027 5-Year Strategic Plan Agenda Item #2.A.24 Oct 2022Page 18 of 117 CNG Strategy/OverviewCNG Strategy/OverviewMOVE2027 16 Agenda Item #2.A.24 Oct 2022Page 19 of 117 CNG Strategy/Overview City of Atlantic BeachTransportation Summary Agenda Item #2.A.24 Oct 2022Page 20 of 117 CNG Strategy/OverviewCNG Strategy/Overview 20 Transportation Services –City of Atlantic Beach Agenda Item #2.A.24 Oct 2022Page 21 of 117 CNG Strategy/OverviewCNG Strategy/Overview 21 Transportation Services –City of Atlantic Beach Fixed Route Bus Service •Route 10 Atlantic Blvd •Route 24 Mayport Road •60-minute Frequency Daily •Cost = $1.75 per trip •Free for Connexion Clients Agenda Item #2.A.24 Oct 2022Page 22 of 117 CNG Strategy/OverviewCNG Strategy/Overview 22 Transportation Services –City of Atlantic Beach ReadiRide Service •Mayport Zone –Atlantic Blvd North to Mayport •Beaches Zone –Atlantic Blvd South to JTB •October 10th –Combining into One Zone •Mon –Sat 6am –7pm •2-hour Reservation Required •Cost = $2 Per Trip Agenda Item #2.A.24 Oct 2022Page 23 of 117 CNG Strategy/OverviewCNG Strategy/Overview 23 Transportation Services –City of Atlantic Beach Connexion ADA & TD Service •Duval County •Mon-Fri 4am -Midnight; Sat 5am –Midnight; Sun 5am-11pm •24-hour Reservation Required •Qualified Disability •Cost = $3 Connexion PLUS •Duval County •Mon-Fri 5:30am –11:30 pm; Sat-Sun 5:30am –10pm •2-hour Reservation Required •Must be Registered Connexion Client •Cost = $6 Agenda Item #2.A.24 Oct 2022Page 24 of 117 CNG Strategy/OverviewCNG Strategy/Overview 24 Transportation Services –City of Atlantic Beach Beach Buggy Service •Atlantic Blvd north to Donner Rd/Linkside Dr/ Country Club Ln •West to Atlantic Village Shopping Center & East to the Beach •Thurs –Fri 5pm –Midnight;Sat 11am –Midnight •No Reservation Required •Cost = Free •Sponsored by JTA Agenda Item #2.A.24 Oct 2022Page 25 of 117 CNG Strategy/OverviewCNG Strategy/Overview 25 Transportation Services –City of Atlantic Beach Dial-A-Ride Service •Serves Mayport to Ponte Vedra •Mon –Fri 8am-4pm; Sat –Limited Service •3-day Advance Reservation Required •Must be 62+ •Cost = $5 Donation Request •Sponsored by JTA Agenda Item #2.A.24 Oct 2022Page 26 of 117 CNG Strategy/OverviewCNG Strategy/Overview 26 Transportation Services –City of Atlantic Beach Hartfelt Ministries Service •Serves Duval County •Daily 6 a.m. -7 p.m. •5-day Advance Reservation Required •Must be Hartfelt Client •Cost = Free Agenda Item #2.A.24 Oct 2022Page 27 of 117 CNG Strategy/OverviewCNG Strategy/OverviewQuestions & Answers 27 Agenda Item #2.A.24 Oct 2022Page 28 of 117 AGENDA ITEIVI: SUBIVIITTED BY: TODAY’S DATE: NIEETING DATE: BACKGROUND: BUDGET: RECCDXVIIVI NDATION: ATTACHNI ENT: CITY OF ATLANTIC BEACH CITY COMMISSION IVIEETING STAFF REPORT 90-Day Calendar for the Mayor and Cornrnission Yvonne Calverley,Executive Assistant to the City l\/lanage / ( 'The 90-day calendar is included on the agenda for the purp ose ofsetting meeting dates and cletennining the location,tiine and whether to videotape special meetings and workshops. October 10,2022 October 24,2022 The rolling 90-day calendar will be revised after receiving inp ut frorn City staff and the Commission,and will be included in ea ch agend a for consideration. C: -Photos ofthe new Commission are tentatively scheduled tobetakenon l\/londay,November 28 in the Chamber.Time is TBD. -A Town Hall ]\/Ieeting is tentatively scheduled for Saturday,January21 frorn I0 am to Noon in the Commission Chamber. None Approve the 90-Day Calendar for November 2022 through Janu ary 2023. 1)l\/layor and Commission 90-Day Calendar (November through January 2023) REVIEWED BY CITY MANAGER:Agenda Item #3.A.24 Oct 2022Page 29 of 117 MAYOR AND COMMISSION November 2022 SUNDAY MONDAY TUESDAY \\"EDNESD!\Y TIILJRSDAY FRIDAX SATURDAY 1 2 3 4-5 Mayofs Special CARAC Mtg Advisory Council Magistrate 6 pm Noon Hearing 2 pm 5 7 8 9 Esc Tree 10 11 12 General Subcom 5:15 pm Veterans Day _ > Pension BoardElectionESCMeeungMeeting City Offices69'“6:30 pm Closed 13 14 15 16 ESC LEED 17 1s '19 Commission Mtg Community Subcom Noon 6:30 pm Development Board ESC Outreach 6 m SubcommitteeP3:30 pm 20 21 22 23 24 25 26 City Of?ees City Offices Closed Closed 27 28 Commission 29 30 Meeting 6:30 pm New Commission Photos (Time TBD)Agenda Item #3.A.24 Oct 2022Page 30 of 117 MAYOR AND COMNIISSION December 2022 1'1 r:>1>~.‘;Y '1|1I'II>'l>A .x \1'1'1:13 xx‘ 1 2 3 4 5 6 7 3 9 10 11 [2 13 14 ESC Tree 15 16 J7 Subcomminee Commission Mtg CARAC Mtg 5:15 pm :6630pm pm ESC Mtg 6 pm 18 19 20 21 22 23 24 Community ESC Outreach Development Committee City Offices Board 3:30 pm Closed 6 pm 25 26 27 28 29 30 31 City Offices ESC LEED C1059!‘Subcommittee Noon Agenda Item #3.A.24 Oct 2022Page 31 of 117 MAYOR AND COMMISSION January 2023 ;'1-1:11>.\\':\\'l|'Rl')\\ 1 2 3 4 5 6 7 New Year’s Day City Offices Closed 8 9 10 11 Esc Tree 12 13 14 _.Subcommit1ee Commlsslon CARAC 5:15 pm M t'6236(6)6 pm ESC Meeting 6 pm 15 16 17 18 19 20 21 MLK Day Community ESC Outreach Town Hall Development subcommmee Meeting -Chamber City of?ces BoardMeeting Meeting 10 am to Noon Closed 6 pm 6:30 pm (Tentative) 22 23 24 25 26 27 28 Commission Meeting 6:30 pm 29 30 31 Agenda Item #3.A.24 Oct 2022Page 32 of 117 THIS INSTRUMENT PREPARED BY: GREENWAY EASEMENT AGREEMENT THIS GREENWAY EASEMENT AGREEMENT (the "Agreement")is made this ,,day of __________,2022,by and between Selva Lakes Association,Inc.,a Florida Corporation ("Selva Lakes”)and the City ofAtlantic Beach,a Florida Municipality,its successors and assigns (the "City"). RECITALS A.Selva Lakes owns certain real property known as Selva Preserve described in Book 8634 Page I900 Public Records of Duval County,Florida (the "Plat")(the "Selva Lakes Property"). B.Selva Lakes desires to set forth and grant to the City,itssuccessors andassigns,a fifty (50)foot greenway easementalongthe_westerr1edgeof Sherman Canal,for ingressandegress on,over andyacrosstherealproperty ownedbygSelvaLakesaindedescribedontheattached Exhibit A incorporated hereignjbythisreference(the "GreenwayEasement Areia")ti11\accor‘dar1cewith and subject to the terms and coriditionssetfor‘th”herein.Any wetlandtiiitigationr‘eq1riredp__ursuanttoaFederal or State laws shall be the responsibilityof the B.City shall be reispionsible’oftheCr‘eer1$7vayEaseineintthesamelevel that parkséare maintained in theeCity.“ 1 A i is F an ‘ NOW,THEREFORE,for andirgcorisideratioiiofthe recitalsstatedabove,for and consideration:of the sum of$10.00in hand paid and;/othe mutualcovenants andpromisescfontainedheifeihand otheiigoodand valuable cfonsideration,the receiptand suf?ciericyof whichare herebfyacknowledged?Selva Lakesandthe City agreegasfollows;T _if A A 1 i 1.Recitals.The recitals hereinabovesetforth are trueandcorrectand are herebyincorporated into and made a part ofthis Agreement. 2 .Grant of Greenway Easement by Selva Lakes to the City.Selva Lakes hereby grants and conveys to the City,its successors and assigns,a 50 (?fty)foot access easement along the Western edge of Sherman Canal for unfettered ingress and egress on,over,across and through the Greenway Easement Area as defined above (the "Greenway Easement"). 3.Acceptance of Easement.The City accepts the Greenway Easement subject to the terms 4.Maintenance.The City shall have the exclusive obligation to maintain the GreenwayEasementAreaatthelevelitmaintainsotherparkpropertiesintheCity.5.PermittedUses within Greenwav Easement.The City,itssuccessors and assigns,shall havetherighttousetheGreenwayEasementforthepurposeofproviding,constructing,stabilizing,maintaining,landscaping,preserving,and repairing passive recreational uses for the public limitedto a pedestrian/bicyclepathway,walkway,or greenway.There shall be no lighting,benches,tables or other structures built alongthepath.There shall be no motorized vehicles on the path and the path shall be closed from when the sun Agenda Item #3.B.24 Oct 2022Page 33 of 117 sets until the sun rises.Only educational signage is permitted along the path. 6.Easement Duration.It is Selva Lakes initial intention that this easement last in perpetuity as longas the granting ofthe easement remains in the best interest of Selva Lakes.However,if Selva Lakes determines,in their sole discretion,that the granting of this easement is no longer in Selva Lakes’best interest,Selva Lakes can withdraw this easement and prohibit access to the City and the general public with ?ve days written notice to the City. 7.Attorney's Fees.In the event ofany litigation arising out ofthis Agreement the prevailing parties shall be entitled to recover all costs incurred,including reasonable attorney's fees at both the trial and appellatelevels. 8.Successors and Assigns.This Agreement shall be binding upon and shall inure to the bene?t of the respective parties and their successors,assigns,heirs and personal representatives. 9.Indemni?cation bv the Citv.Subject to the limitations of sovereign immunity set forth in Section 768,.F.S.as may be amended,the City shall indemnify,defend and hold harmless Selva Lakes,the HOA and the owner of any Residential Lot in Selva Lakes from any third party claims or liabilities resulting from or arising out of the use of the Greenway Easement Area,but expressly excluding any claims to the eXtent’r’es"ultin’gi’f1‘omthenegligenceor willful misconduct of Selva Lakes,the HOA,loranyiownger,lessee or tenantofany Residential”LotinSelva Lakes.A H r ~ A .i‘{l"l1eprovisions of this Agreement may be inodi?edoramended,inwhole or in pa1t,§o1‘terminated,only by.the writteinconsentof eachof theParties.The Partiesshallcooperate reasonablywith one another toadoptsuchamendmentstothisAgreementas may beréquired to correctany errors offactor any scrivener's erifforscontainedherein.Ngowvaiver‘ofainydefault ofzfnyobligationby any party heretoshall be implied ?oinany omissioiibythe other party to takeany actionéwithrespecttosuch default.[Niiothinginthis Ag1'eernei1tshallbefdeemedorconstrueidbygweitherparty orbiyany third personto create thefrelationshipofprincipaland agentiorof limitedorgeneralpaftnersor ofjointventurers orof any other associationbetweentheparties.Ea/chprovision of this [Agreementis therebydeclaredgtobeindependentofandseverablefromtheremainderofthisAgreement:If anyprovisioncontainedhereinshali. be held to be invalid or to be unenforceable ornot to runwiththe landjsuchehoidingishallnot affectthe validity or enforceability ofthe remainder ofthis Agreement.Time isofthe essence ofthis Agreement.This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein,and all prior representations,negotiations,and understandings are superseded hereby.This Agreement may be executed in several counterparts,each of which shall be deemed an original,and all such counterparts together shall constitute one and the same instrument. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK 21 Agenda Item #3.B.24 Oct 2022Page 34 of 117 IN WITNESS WHEREOF,the Developer and the City have executed these presents as ofthe day and year first above written. Signed inthe presence of: PrintName: STATE OF FLORIDA COUNTY OF DUVAL PrintName:__W A STATE OF FLORIDA COUNTY OF DUVAL 1,theundersignedNotaryPublic,do hereby affirm that I pe_1fsonally appearedbeforeme on the V ,day of 2022,and signedtheabove Easefnent as their f?eeand voluntary actanddeed.I I “7 ’ I SELVALakesAssociation[nc.I,”* I a FloridaNon For ProfitCorporation. 22 Agenda Item #3.B.24 Oct 2022Page 35 of 117 Exhibit A Legal Description of Selva Lakes Property A PART OF SECTIONS us AND I"/,'I'()w;\'5;Hw 2 SOUTH,I‘u-\NC£'I3‘29 EAST. [.JU”VA'L C()U‘NT'\".FLORIDA AND BEINC;MORE PARTICI,II..ARL\”r)fI’;sRIBEr) AS FOLLOWS:BEGIN AT THE ."\.'('_.'L."II-I\»\'F,'."v'I‘L'()I'<I\'ER OF rm"I,E:I.OC?I(7. SELVA MARINA l.INI’I"NO.3.PI.;f;I'BOOK 7‘),PAGE 27 OF THE:(;'I_H2R}€NT i=LJLB1,1CRI3CI()RI)S OF SAID (f‘.()U.\"TY:mr3NC.15SOUTH 33°42'or»-'4'WEST ALONG THE NOR'I‘HERL\’IzI<:;I~1T<:>r-*W'AY LINE OF THE PLA7.A.1412.52 FEET TO TIIE sOLrI‘I»IEA.$'T CORNER O)’-‘:OT I.m.<7>('K <3,ROYAL PALMS UNIT NO I,PLAT HOOK30.P/-\(fiF.S (H)AND60A OF THIS.IT‘I,T<RHNTPUBLICI{I3C-DRDS OF SAID COUN'I"\"‘.‘I‘Hf£I\'C‘I3 RUN N(,)R'I'H um .15‘0:)"WEST /\I_.(T)N(j THE IZAS"I‘ERL\"LINE OF SAID I{OYA1..I’AI..I\/ISUNIT NO.I AND ITS NORTI-IERLY ]’ROLONGATIDN TI-IEREOI-'_,91<.).r.»3 FEET,'I‘I*IIEI\'(“‘E NORTH 83"42'0.7"‘EAST. 7.14.06I"I;'I3T;THEN('.‘.I¥i SOUTH06‘Hz‘00"Ii/-\f»"I'.30,0 FEET TO THE .S'(f)LITHET<I.,\:' RIGHT OF WAY LINE or 11"‘.$"I‘I{IfET;Tm'~;'N<_tE ALONG THE SAID SOUTHERLYI~{ICiI-ITOF WAY I/INI:OF SAID 11"’.STREET RUN NORTH 33°42‘ 00 EAST.075.0 FEET TO THL‘I\‘()1‘<'t‘1‘-Iwr;s'T("(_')I£;\’I:‘R OF LOT 8.Bl..O{‘I(7 OF SAID SELVA MARINA UNIT NC).:4;TI-I1sN<j:E SOLTTH(')(i‘‘’18‘no"[3AS'I"AI,ONG THE WESTERLYLINE OI-'SAID SELVA .\"I/XRINAI_JI\iIT NO.3 890 FET-ITTO THE POINT OF BF.GI'NNING. LESS AND EXCEPT ANY PART INI..f'I.UDIE.I)IN THE I’I,AT OF SF.L\{A LAI_«'.I:S ACCORDFNG'I'O PLAT 'THF.iRI3()I='A19RI:Z('.‘0IlI‘)ED lI\’PLAT BOOK III,«PAGES 55 AND SSA.SELVA I.,AI£ES I,INI"I'TWO,ACTCTORIDINIBTOPLAT THET~1F,OI"AS RECORDED TN l"I..A'I"BOOK 43.I’/‘.6125II.HA ;\'\’D IIB OR SI:7L\’/T.LAJQES UNIT TI-IRI313./\C.'C.'ORDINUTO PLAT THEREOI"AS RECTORDED[N ‘PLATBOOK. 44.PAGES 60,60A AND 6013ALL OF THE I_‘UILRI:.\1'I'I’U"BLIC,‘RECC;~r<1f)S OF DUV AL C.‘OUI\'TY.FL()T<IDA. AND FURTHI3.R.Ii.\CEI"'I'I'N('.3 AI\'Y P/\I('I'IN ROAD RIGHTOF \'V,A‘I'. ALONG‘WITH TR/\(."T "A"A5 I~1I3C(LII(JJI?I)IN PI_,A'I'BOOK ail.PAGES 55 AND Agenda Item #3.B.24 Oct 2022Page 36 of 117 SI-IERlV|Al~l CREEK PEDESTRIAIU PATI-I ATLANTIC BEACH,FL EXISTING 3'SIDEWALK COAB .--EXISTING B’MUIJI use PATH SELVA LJLJLILA PROPOSED a‘MULTI~USE PATH 'PRESERVE EXISTING TRAII. PROPOSED TRAIL PARK/OPEN space ENYRV POINT SIGNALIZED PEDESYRIAN CROSSING x...mm._m SELVA LAKES CON SERVATIQ PROPERTY SEIIIOIHOD Agenda Item #3.B.24 Oct 2022Page 37 of 117 Page 38 of 117 Donner Rood lmprovemenfs (U’ri|i’ries)Agenda Item #3.C.24 Oct 2022Page 39 of 117 I JWLDRWw I: 1..::§ i. m‘cast mm WATERMAIN‘ sum ’5.4 can 235.. :1 ._:5.{.. E....:__..i.. -......:::__.Agenda Item #3.C.24 Oct 2022Page 40 of 117 PROJECT DETAILS Reploce old,shollow,brillle lO”woler moih from Donner Rood LiflSTClTlOl’l(heor lvloyporl Rood)To WWTP Approximolely lOOOLF Foom FillExislihg lO”wcller moih Reploce 2 Fire Hydrohls Ulilize Rood Ploiles during cohslruclioh Ulilize flow—oble fillihsleod of lime rock OS The sub bose olue lo lowering of The rood by l l ”Agenda Item #3.C.24 Oct 2022Page 41 of 117 A 0 'n - info@jaxum.c1Jm 5465Verna Blvd. JacksonvilleFL,32205 info @jaxum.com Project DonnerRoad 5465 Verna Blvd. Client CityofAtlanticBeach Ja‘k5°""i"e FL’31Z°5 ‘I > D3“:9/15/1°”Project:Donner Road1“W='"M'm Client:City of Atlantic Beach..1-'«-|>or&Date:5/15/2022BudIlemMalena]Eqmmm mmH“ 1E"'Wn|=rM-1inPi1z=5 41387.913 11020209 c1.m.,;.-om“-2 FIoII'Hll&RmIdP|ntc<on IJnixFricc 1.1+Tolal Fixnllydnnis 5 0,219.20 1 1.025.124s .200 3 0,157.52 EA 11315.01 m.._.,,,,,m.,i.,,i,,,_ITIL sums 5 51.17 3 1,321.603 .10.00 s 243.905"4,390.15 °”"""'&R°"'°V"2 283°”‘7°'°“ _:1j1__—_1“:R....,.»......M.,....8xl0RondPl:1rcs 5 5 Sleeves 3 1055.72s 1045.405 —2.00 s 1,350.565-‘3,101.12 ' :"T13?-—ll---IP11-n-sM«nII~2 ><\I<1R<»:-d P1-new o 3 15-1501»|-.\5.1171100 S\m'ry s .s -s 1300.00 1.00 3 1,000.00 "5 11000.00 Minnmumcomor 0"O.Flu“Fill SCWCI’36(l 5 329.00 |IX.44().0(l Flnw?ll 5 32900 1 V 1.50 s 329.00CY 493.50 Connt<1inns:DoI|hI:— LineStop0111;2Wm Taps s -5 2,760.00$13,000.00 200 5 1,210.00E-\10,300.00 - 12* Fozm?ll Exisling10" [F “M”I — Wa1erM:i11 5 10,000.00 3 2,500.003 -1.1100005 1250 ’00.00 I ‘ T ,.Tum]zllvowvsz otal I I29 150 I10 I Agenda Item #3.C.24 Oct 2022Page 42 of 117 8”DUCTILEIRON PIPE 40+years old Very Bri?le Hos broken on several occasions Broken during construction oo?vi?es 5 feet owoy There is opprox.1"of rust surrounding The pipe Agenda Item #3.C.24 Oct 2022Page 43 of 117 «-Existing Clay efftuent tine -Existing 8"Ductile iron Pipe (Rusted)—Force main -Existing i0"Ductile Iron Pipe (Rusted)~Water Main Agenda Item #3.C.24 Oct 2022Page 44 of 117 STRUCTURE2 -Exis?ng 10"Ductile Iron Pipe (RusTed)—Water Main Agenda Item #3.C.24 Oct 2022Page 45 of 117 STRUCTURE3 Exis?ng 8"DR2é —Force Main Agenda Item #3.C.24 Oct 2022Page 46 of 117 FRANCIS ROAD WATER—lvlAlN CROSSING Existing lO”—Water Main (headed to Soilflsn) Crossing is at Froncis Approx.4"Depth at best Methods for replacement ore being mode Rood is lowering opprox.l l “mox Utility location was not known Engineer is currently designing directional Drill (Lowest cost option)Agenda Item #3.C.24 Oct 2022Page 47 of 117 PageIofl Io‘EASY maid WATER MAIN“ Mr ma. was Flle:///O:/Dra?%20Staff“?.:2OReporIs/2022%2OMeelings/I 0-24-22/ClVl‘%;20ReporI/Uti I Ies%20Purchase%20—10/l2/2022 Agenda Item #3.C.24 Oct 2022Page 48 of 117 CITY OF ATLANTIC BEACH CITY C()lVIl\/IISSION I\/IEETING STAFF REPORT AGENDA I'I‘ElVI:Resolution No.22-73 adopting the Sustainability and Community Action Plan as recommended by the Environ- in-ientalStewardshipCommittee SUBIVIITTED BY:Amanda Askew,AICP,Director of Planning &Comm.1' 2022 PRIORITY:Environrnental leadership via Validating the City’s commitment to resiliency,sustainability and the environme nt TC)DAY’S DATE:Oct.12,2022 IVIEETING DATE:Oct.24,2022 BACKGROUND:The Environrnental Stewardship Committee (ESC),V ia itsLEED Subcomrnittee,spearheaded the CAP developinent process and obtained input from su bj ect—n1at ter experts,the community,the City Commission,staff to formulate the Sustainability andResiliency Community Action Plan (CAP). Adopting the CAP is the next step in our LEED certification process.It provides a n in— depthrnatrixwithassociatedgoals,and enhances rneasureable outcornes.The intent is f or ittobea roadmap for creating cornrnunity change by specifying what will be done,who will do it,andhow it will be done.The plan is Foi-wan-drthinking and provides a frarnework to protect and c ar e forthe environment,and enhance quality oflife and economic prosperity. Based on input froin City Comn?ssion and the community,the CAP has gone throu gh several iterations.The public was engaged in rnultiple ways to garner feedback and priorities.l\/lostof the feedback was derived from a community survey with over 370 respondents.Iadditi on,multiple public input meetings were held throughout the process. While the priniary focus 0fESC pertains to environrnental aspects of the community,CAPhas xnany goals that go beyond the environ:-nental scope.The plan is inulti—disciplinary and isinten dedtoprovidepolicydecisioninakerswithaguidingdoctimentthathaslongtermvision . Itisthe intent that goals outside of the purview of ESC would be accomplished through other groups,and departments as the City commission and city manager,respectively,deem appropriate.l\/[any of the goals cross over with other City plans,including but not li m it e d tothe Cornprehensive Plan;Parks l’\/[aster Plan;Coastal ‘Vulnerability,Resiliency,and Planning;and the Stormwater Ivianagernent Plan.l\/[any of the goals have co—bene?ts vviththe environinent. The major goals of the plan are: Natural Systexns &Ecolog -Develop and enhance connectivity and wallcability between parks and thro ugho ut the community Agenda Item #8.A.24 Oct 2022Page 49 of 117 Ensure that 95%of residential addresses are located within ‘/2mile of a park or open space. Increase and maintain a healthy,diverse tree canopy Reduce use of harmful chemicals and biocides ?uali?of Life /Livabilify Demonstrate an annual improving trend achievement for the stated thresholds and metrics (LEED quality of life data,safe community,housing &transportation affordability,food access and nutrition,community health,ambient noise and light,active living,aging inthe community,environmentaljustice,arts and culture,historic preservation,social &cultural diversity) Energy &Climate Reduce greenhouse gas emissions (GHG)emissionsto below two metric tons per capita or 80%below 1990 levels Commit to Under 2°actions and implementation to achieve greenhouse gases emissions mitigation Reduce 20%of overall energy consumption Work with Jacksonville Electric Authority to have 33%of electricity generated by renewable energy,and obtain 100%of electricity from clean,renewable sources communitywide Water Continue to meet and exceed National Primary Drinking Water Regulations for 90 known contaminants and add status of water withdrawal areas in annual report Reduce gross potable water consumptionper capita by 40%including on lawns Make 100%of waterways ?shable and swimmable Ensure the community has sufficient stormwater storage and mitigate inland ?ooding during extreme weather events No treated or non—pointsource pollutionin IntercoastalWaterway,St.Johns River or ocean Green Building &Infrastructure Strive to ensure that 100%of new buildings meet green building and resiliency (GB&R) standards Strive to ensure that 100%of existing building owners are educated about GB&R standards and benefits,and at least 50%are actively striving to meet those standards Solid Waste Increase MSW diverted from landfillActivelyworkatbecominga“zero-waste”community by reporting action items andlessonslearnedinannualreportTransportation&Land UseIncreasenumberofhistorichomes/buildings,number of lots that retain trees (not clearedduetoconstruction),and renovate versus razing Agenda Item #8.A.24 Oct 2022Page 50 of 117 0 Reduce total vehicle miles traveled and ernissions frorn vehicles by 20%aachieve majority of trips made by foot,bike,carpooling,or transit -Achieve and maintain League of American Bicyclists Bicycle Friendly Cornrnu nity Score gold ranking -Elirninatc pedestrian and bike fatalities Governance,Cornmu gy Outreach &Education ‘Improve measurement,performance,and reporting every year and share results fortheCity and community in an annual report Achieve and maintain the best quality bond rating Increase the City’s nurnber of sustainability and resiliency leadership commitme nts every year ‘Achieve 90%resident engagement in this plan -Explore establishing 8 Sustainability and Resiliency Office,and add sustaina bility and resiliency to City eniployees’work plan and performance metrics by 2025 -Uphold a process that ensures that the civil and hurnan rights ofall people are The CAP provides consistent data for decision—n1aking;reduces redundancies and co mp etiti on for resources;and fosters collaboration,holistic preparation and action.In addit ion toits environrnental bene?ts,the CAP establishes a blueprint to increase the nurnber of h e a lt h y and engaged residents.While it may not be possible to obtain all of the CAP goals,t h e docu mentprovidesastructureForstafftotrackprogress;increases the City’s grant readiness;sa v es rnoney; attracts investments;and aligns with efforts of rnore than 100 Florida cities.planis multidisciplinary;provides policy decision—~rnakers with a guiding document that has along — termvision;and will be revievved annually and amended,as appropriate. RECONINIENDATION:The City Commission approve the Resolution No.22-73 (Sustainability and Resiliency Cornn-iunity Action Plan) ATTACl4Il\/IENTS:Resolution No.22-73 Sustainability and Resiliency Community Action Plan BUDGET:To be determined REVIEWED BY CITY MANAGER:/C-.,.../Pl/.2,..__€% @ Agenda Item #8.A.24 Oct 2022Page 51 of 117 RESOLUTION NO.22-73 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,ADOPTING THE SUSTAINABILITY AND RESILIENCY COMMUNITY ACTION PLAN (EXHIBIT A)AS RECOMMENDED BY THE ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR CONFLICTS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,a 2022 City Commission priority is environmental leadership via validating the City’s commitment to resiliency,sustainability and the environment;and WHEREAS,in 2018,the City Commission made it a priority to seek a Leadership in Energy and EnvironmentalDesign (LEED)designation,and the City of Atlantic Beach became the ?rst Florida city to achieve LEED Silver certi?cation under a pilot rating system.The LEED designation provides the city with responsible, sustainable and speci?c plans for natural systems,energy,water,waste,transportation,and many other factors that contribute to quality of life.The Sustainability and Resiliency Community Action Plan (CAP)is the next step in the LEED process;and WHEREAS,the Environmental Stewardship Committee (ESC),via its LEED Subcommittee, spearheadedthe CAP development process and obtained input from subject-matter experts,the community,the City Commission,staff to formulate the CAP.The CAP does not modify the ESC’s role;and WHEREAS,the CAP is forward-thinking;provides a framework to protect and care for the environment; and enhances quality-of-life and economic-prosperity opportunities community wide;and WHEREAS,the CAP provides consistent data for decision—making;reduces redundancies and competitionfor resources;and fosters collaboration,holistic preparationand action;and WHEREAS,in addition to its environmentalbene?ts,the CAP establishes a blueprint to increase the number of healthy and engaged residents;and WHEREAS,while it may not be possibleto obtainall ofthe CAP goals,the document provides a structure for staff to track progress;increasesthe City’s grant readiness;saves money;attracts investments;and aligns with efforts of more than 100 Florida cities;and WHEREAS,the CAP is multidisciplinary;providespolicy decision-makers with a guiding document that has a long—termvision;and will be reviewed annually and amended,as appropriate;and WHEREAS,the city manager will administer the plan by assigning resources,and will request funding, as needed,to accomplish the goals;and the CAP (Exhibit A)recommended by the Natural Systems &Ecology°Develop and enhance connectivity and walkability between parks and throughout the community-Ensure that 95%of residential addresses are located within ‘/2mile of a park or open space.-Increase and maintain a healthy,diverse tree canopy°Reduce use of harmful chemicals and biocidesResolutionNo.22-73:Sustainability and Resiliency Community Action Plan Page 1 of 3 Agenda Item #8.A.24 Oct 2022Page 52 of 117 Quality of Life /Livability °Demonstrate an annual improving trend achievement for the stated thresholds and metrics (LEED quality of life data,safe community,housing &transportation affordability,food access and nutrition,community health,ambient noise and light,active living,aging in the community,environmental justice,arts and culture,historic preservation,social &cultural diversity) Energy &Climate °Reduce greenhouse gas emissions (GHG)emissions to below two metric tons per capita or 80%below 1990 levels °Commit to Under 2°actions and implementationto achieve greenhouse gases emissions mitigation °Reduce 20%of overall energy consumption °Work with Jacksonville Electric Authority to have 33%of electricity generated by renewable energy,and obtain 100%of electricity from clean,renewable sources communitywide Water °Continue to meet and exceed National Primary Drinking Water Regulations for 90 known contaminants and add status of water withdrawal areas in annual report °Reduce gross potablewater consumptionper capita by 40%including on lawns °Make 100%of waterways ?shable and swimmable °Ensure the community has suf?cient stormwater storage and mitigate inland ?ooding during extreme weather events °No treated or non—pointsource pollution in Intercoastal Waterway,St.Johns River or ocean Green Building &Infrastructure °Strive to ensure that 100%of new buildings meet green building and resiliency (GB&R)standards °Strive to ensure that 100%of existing building owners are educated about GB&R standards and bene?ts, and at least 50%are actively striving to meet those standards Solid Waste °Reduce municipal solid waste (MSW)generated °Increase MSW diverted from land?ll °Actively work at becoming a “zero-waste”community by reporting action items and lessons learned in annual report Transportation &Land Use °Increase number of historic homes/buildings,number of lots that retain trees (not cleared due to construction),and renovate versus razing °Reduce total vehicle miles traveled and emissions from vehicles by 20%and achieve majority of trips made by foot,bike,carpooling,or transit °Achieve and maintain League of American Bicyclists Bicycle Friendly Community Score gold ranking ° Governance,Community Outreach &Education-Improve measurement,performance,and reporting every year and share results for the City andcommunityinanannualreport°Achieve and maintain the best quality bond rating°Increase the City’s number of sustainability and resiliency leadership commitments every year°Achieve 90%resident engagement in this planResolutionNo.22-73:Sustainability and Resiliency Community Action Plan Page 2 of 3 Agenda Item #8.A.24 Oct 2022Page 53 of 117 °Explore establishing a Sustainability and Resiliency Of?ce,and add sustainability and resiliency to City employees’work plan and performance metrics by 2025 'Uphold a process that ensures that the civil and human rights of all people are fundamental NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commissionhereby adopts the attached (ExhibitA)Sustainability and Resiliency Community Action Plan SECTION 2.All resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 24"‘of October,2022. Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney Resolution No.22-73:Sustainability and Resiliency Community Action Plan Page 3 of 3 Agenda Item #8.A.24 Oct 2022Page 54 of 117 CITY OF ATLANTIC BEACH CITY CORGIVIISSION 1\/IEETING STAFF REPORT A(:ENl)A ITEIVI:Resolution No.22—74 zltnliorizing the renevval ufEn1ployce Health Ins uran ce and Bene?t Plan SUBIVIITTED BY:Cathy Varizln.Hulnan Resources Director Qv 'I‘()DAY’S DATE:October 1 l,2022 NIEETING DATE:Octobcl‘24.2022 BACKGROUND:The (‘ity has used C‘igna I301’Elnployee health insurance this ye a r andhasbeen satis?ed,overall.with the products and custolner service. Our insurance broker.Gallagher (tbrrnerly Plarden),worked hard an d wasableto negotiate vvith CIGNA to reduce the increase in rates frorn over l 6 downto7.5% For the exact same coverage.The City had an increase of IO‘’/«.intheapproved budget.so we were thrilled. The City also pays for basic life insurance ror all ernployees and a r o b u s t Etnployce Assistance Program and those coverages are reniaining the salne. Gallagher was able to negotiate the same rates for the following bene?t providers,which are paid 100%by the ernployeez Dental:Sunlife l)Hl\/IO (FPO plan has 6%increase) Vision:I’l|.Il'Tl?l’la Supplelncntal Life:Standard Short "fenrl and Long Tenn Disability:Sunlife Supplerrlental plans:AFLAC BUDGET:A s vings ()f245o/O rrom what was budgeted,assulrling the sarne er np lo ye e participation rates. RECOl\/[l\/IENDATION:Approve all employee insurances listed above,effective January I.through Decernber 31,2023 and authorize the City lvlanager or his designee toSign the relevant doculnents. ATTACIIIVIENT:Resolution No.22-74 REVIEWED BY CITY MANAGER:Agenda Item #8.B.24 Oct 2022Page 55 of 117 RESOLUTION NO.22-74 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING RENEWAL OF EMPLOYEE HEALTH INSURANCE,AS WELL AS OTHER INSURANCE BENEFIT PLANS PAID FOR BY EMPLOYEES;AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELEVANT DOCUMENTS ASSOCIATED WITH THIS RESOLUTION;PROVIDING FOR CONFLICTS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Atlantic Beach currently provides health insurance options to its employees through Cigna;and WHEREAS,the City of AtlanticBeach desires to continue to use CIGNA as its provider; and WHEREAS,the City of Atlantic Beach pays for a substantial portion of the health insurance for employees;and WHEREAS,the proposed 2022-2023 budget estimated an increase of 10%in this coverage;and WHEREAS,the overall increase in rates for 2022 averages 7.5%,assuming the same employee participation;and WHEREAS,the City provides life insurance and EAP benefits to its employees,at no cost;and WHEREAS,the City offers employees the option of participating in other insurance coverage,to include dental,vision,short—termand long-term disability,supplemental life,as well as several supplemental policies,all at their own expense. NOW THEREFORE,be it resolved by the CityCommission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves the employee health insurance through CIGNA with an overall increased rate of 7.5%,assuming the same level of employee and dependent participation. SECTION 2.The City Commissionhereby approves the renewal of the life insurance andEAPbenefitsprovidedbytheCityatnocosttoemployees,with no increase in rate.SECTION 3.The City Commission hereby approves the renewal of the other insurancecoverageofferedtoemployeesattheirexpense.Resolution No.22-74:Employee HealthInsurance;Other Insurance Benefit Plans 1 of 2 Agenda Item #8.B.24 Oct 2022Page 56 of 117 SECTION 4.The City Commission hereby authorizes the City Manager or his designee to execute all relevant documents associated with this Resolution. SECTION 5.All resolutions or parts of resolutions in con?ict with this Resolution are repealed to the extent of such con?ict. SECTION 6.This Resolution shalltake effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 24th day of October,2022. Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney ResolutionNo.22-74:Employee Health Insurance;Other Insurance Bene?t Plans Page 2 of 2 Agenda Item #8.B.24 Oct 2022Page 57 of 117 Page 58 of 117 CITY OF‘ATLANTIC BEACH CITY COIVIIVIISSION 1\/IEETING REPORT l AGENDA ITFR/I:Resolution No.22-75 zlulhorizing u retruzlctive pay increase 11):’the1City]\/lanager and City Clerk ‘ SUBIVIITTED BY:C21ll1y Varian_I-lurnan Resources Director TOD/\Y’S l)A'l‘E:October 1 1.2022 IVIEETING DATE:()clober 24,2022 BACKGROUND:The City NI-anager and City Clerk are Charter Officers ratesof colnpensation are set by the City Conunission.Historically,pay raises for the Cily l \ / I and City Clerk have been consistent will:those given to the City's workforce.which ra5% pay raise beginning October 1,2022,The fiscal year 2022-23 budget includes fun ds neede d to provide a 5%pay increase for these charter officers,retroactive to October I,2022‘ BUDGET:Both of these increases are included in this year‘s budg et. IIECOJVIIVIENDATION:Approve Resolution No.22-75 ATTACHl\/IENTS:Resolulio|1 No.22475 REV]EVVED BY CITY IVIANAGER:-Agenda Item #8.C.24 Oct 2022Page 59 of 117 RESOLUTION NO.22-75 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA APPROVING A 5%SALARY INCREASE FOR THE CITY MANAGER AND CITY CLERK RETROACTIVE TO OCTOBER 1,2022;PROVIDES FOR CONFLICTS;AND PROVIDES AN EFFECTIVE DATE. WHEREAS,the City Manager and City Clerk are Chaiter Officers whose rates of compensation are set by the City Commission;and WHEREAS,historically,pay raises for the City Manager and City Clerk have been consistent with those given to the City’s workforce,which received a 5%pay raise beginning October 1,2022;and WHEREAS,the ?scal year 2022-23 budget includes funds needed to provide a 5%pay increase for these charter officers,retroactive to October 1,2022. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby approves a 5%salary increase for the City Manager and City Clerk,retroactive to October 1,2022,and authorizes the payment of the retroactive pay. SECTION 2.All resolutions or parts of resolutions in con?ict with this Resolution are repealed to the extent of such con?ict. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of Atlantic Beach,this 24"‘day of October,2022. Ellen Glasser,Mayor Attest: Approved as to form and correctness: Donna L.Bartle,City Clerk Brenna M.Durden,City Attorney Agenda Item #8.C.24 Oct 2022Page 60 of 117 CITY OF ATLANTIC BEACH (TITY CONINIISSION NIEETING STAFF REP()RT AGENDA ITEIVI:C)I‘di11£|nCe l\l0.95—22—l22 (Prohibition ofslrloking on and in parks) SUBIVIITTED BY:Annanda Askew.AICP,[Director of Planning &Colnni.Dev.M, TODAY‘S DATE:Oct.12.2022 l\/IEETINCE DATE:()ct.24.2022 BACKGROUND:Con1n1ission reviewed and approved on first read ()l'dinal-ice No. 95-22422 which prohibits slnoking on our beaches and in our parks.This ordinance req uir es a public hearing at the second read. As oI'July 1,2022 the Florida Legislature has enacted Ch.2022-213,which perlnits niu nic ipa lili es and counties to resin at sn1oking on their local beaches and in local parks.Un?ltered ciga rs are exempt. The ordinance is intended to protect the health.safety and welfare ofCil.y residents and v i s it o r s by prohibiting sn-inking on City beaches and in City parks. The City is also concerned about litter consisling erused cigarette rinei-s (cigarette butts)onbeaches and in parks.These ?lters contain hazardous substances that can be toxic to animals and ca n takeup to ID years to dccolnpose. The Environn1enlal Slewardship Cornlnittee (ESC)discussed this issue and is 1' econ1rne ndingthatSnlokillgbeprohibitedonbeachesandinparks. Entmeenieiu will be will be pei-foi-med by the police clepai-lmcm and citations Inay issu ed in the airlount of $75. After passage,signage at beach accesses and parks will need to be lnodi?ed to reflect.theno srnoking regulations in these areas. RECOMMENDATION:The City Cornn1ission approve on second read Ordinance No.95— 22-122 ATTACI-]l\/IENTS:(Jrdinarme No.95-22-122 BUDGET:Negligible (signage) IQEVIEVVEI)BY Cl’l‘Y IVIANAGER:Agenda Item #9.A.24 Oct 2022Page 61 of 117 ORDINANCE NO.95-22-122 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES,BEACHES AND PARKS,ARTICLE I,—IN GENERAL; ADDING NEW SECTION 5-9 PROHIBITING SMOKING IN CITY PARKS AND BEACHES;ADDING NEW SECTION 5-10 PROVIDING FOR PENALTIES;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,according to the 2006 U.S.Surgeon General’s report,“The Health Consequences of Involuntary Exposure to Tobacco Smoke”,secondhand smoke causes coronary artery disease, asthma attacks,heart disease,asthma attacks,heart attacks,stroke and lung cancer in adults and Sudden Infant Death Syndrome,middle ear infections,bronchitis,asthma,pneumonia and low birth weight in children;and WHEREAS,secondhand smoke is especially dangerous to children whose bodies are still developing and who are particularly vulnerable to the poisons of secondhand smoke;and WHEREAS,prohibiting smoking on City beaches and in City parks frequented by children and adults will help to reduce smoking related illnesses and serve as a means to improve health outcomes for residents and visitors to Atlantic Beach;and WHEREAS,another signi?cant issue with tobacco smoking on City beaches and in City parks is litter consisting of used cigarette ?lters,also known as “cigarette butts”which contain hazardous substances that can be toxic to animals;and WHEREAS,this Ordinance is intended to protect the health,safety and welfare of city residents and visitors by prohibiting smoking on City beaches and in City parks,including beach parks;and WHEREAS,this Ordinance is intended to protect the environment from litter that can be toxic to animals and humans;and WHEREAS,as of July 1,2022,the Florida Legislature has enacted Ch.2022-213 Laws of Florida which permits municipalities and counties to restrict smoking on their local beaches and in local parks;and WHEREAS,in order to provide for the public health,safety and welfare,reduce exposure to secondhand smoke,assure cleaner and more hygienic parks and beaches for the City’s residents smoking on City beaches and in City parks which are used by or open to the public.NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALFOFTHEPEOPLEOFTHECITYATLANTICBEACH:Agenda Item #9.A.24 Oct 2022Page 62 of 117 SECTION 1.New Sections.Chapter 5,Article I,In General,of the Code of Ordinances, City of AtlanticBeach,Florida is amended to add the following new Sections: Sec.5-9.Smoking in public parks and on public beaches prohibited. Smoking in all City parks or on beaches which are used by or open to the public within Atlantic Beach is prohibited.Smoking of un?ltered cigars is exempt from this prohibition in accordance with Section 386.209,Florida Statutes (2022). “Secondhand Smoke,”also known as environmental tobacco smoke (ETS),means smoke emitted from lighted,smoldering,or burning tobacco when the smoker is not inhaling;smoke emitted by the mouthpiece during puff drawing;and smoke exhaled by the smoker. "Smoking"means inhaling,exhaling,burning,carrying,or possessing any lighted tobacco product, including cigarettes,cigars,pipe tobacco,and any other lighted tobacco product.In accordance with Section 386.209,Florida Statutes,smoking does not include the use of un?ltered cigars. Sec.5-10.Enforcement,Penalties and Appeals. a.Law enforcement officers of the City’s Police Department are hereby authorized to enforce the provisions of Sec.5-9 of this Code. b.Any person who violates Sec.5-9 shall be subject to receiving a citation and civil penalty in the amount of $75.00 for each violation. c.Any person who receives a citation shall elect either to: (1)Pay the civil ?ne within thirty (30)days from the date of the citation in the manner indicated on the citation,provided,if such payment is not timely paid,a late fee of $50.00 shall be imposed on the named violator;or (2)File a written request for a hearing with the Duval County Court to appeal the decision of the law enforcement of?cer that resulted in the issuance of the citation.The written request shall be submitted to the County Court in the manner indicated on the citation no later than ten (10)days after service of the citation. d.Failure of the named violator to appeal the decision of the law enforcement of?cer within the prescribed time period shall constitute a waiver of the violator’s right to a hearing before the County Court and shall be treated as an admission of the violation and penalties shall be assessed accordingly. SECTION 2.Con?ict.All ordinances,resolutions,of?cial determinations,or parts thereofpreviouslyadoptedorenteredbytheCityoranyofitsof?cials and in con?ict with this Ordinancearerepealedtotheextentinconsistentherewith.SECTION 3.Codi?cation and Scrivener’s Errors.The publisherof the City of Atlantic Beach'sCodeofOrdinances,the Municipal Code Corporation,is hereby directed to incorporate Section 5-Agenda Item #9.A.24 Oct 2022Page 63 of 117 9 —Smoking in public parks and on public beaches prohibited and Section 5-10 -Penalties,into the City's Code of Ordinances.Sections of Chapter 5 may be renumbered or re—letteredand scrivener's errors,formatting and typographical errors and other minor,inadvertent graphical errors in Chapter 5 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by filing a corrected or re-codified copy of same with the City Clerk. SECTION 4.Applicability.The provisions of Section 5-9 -—Smoking in public parks and on public beaches prohibited and Section 5-10 ~Penalties,shall apply to all applications,decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof or filed or initiated thereafter. SECTION 5.Severability.If any section,sentence,clause,or other provision of this Ordinance,shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections,sentences,clauses,or provisions of this Ordinance,which shall remain in full force and effect. SECTION 6.Effective Date.This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading on this 10"‘day of October,2022. PASSED by the City Commission on second and final reading and following a public hearing this day of ,2022. CITY OF ATLANTIC BEACH Ellen Glasser,Mayor ATTEST: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney Agenda Item #9.A.24 Oct 2022Page 64 of 117 CITY OF ATLANTIC BEACH CITY C()l\/Il\/IISSI()N RGEETING STAFF llEl’0RT AGENDA ITEIVI:Ordinance No.90-22-248 (CO]\/lI’22—000l for 5|West 7" ‘ Street). Request fora Fmui-e Land use Map (FLUIVI)arrlendn1ent to change the future land use designation from Residential ]\/[ediuln (RI\/l)Del1sity to Connrlercial (CIVI) SUBl\’IITTED BY: TODAY’S DATE:Oct.12,2022 IVIEETING DATE:Oct.24,2022 BACKGROUND:The applicant is requesting to change the Future Land Use Map (FLUIVI)for 51 West 7"‘Street from residential rneditun (R]Vl)density to cornrnercial (CIVI). There is also an associate rezoning (REN22— 0002)for the satne property. The propcny was developed around I982 as an autornotive repair garage.At that time,the property was zoned “Business B”which perlnitted autornotive repair.In 1985,this property was rezoned to residential as part of a inass rezoning ofthe area.A use by exception was granted by the City Cominission in 1986 to allow the continuation of the atltornotive repair garage (only as auto repair).It rernained as an auto repair garage until the n1id—1990s when Tietjen Technologies began operating frorn this prope|1y and has continued to do so. Amanda Askew.AICP,Director of Planning &comm.Dev . Future Land Use_ n...a...u..m..i.....(RM) Seven (7)ta ..,.m..,.on .,.. .... ...g .... ... W.c.. Property LOGS‘.on T||\/IELINE 1982 1985 1986 I I I Corrlrnvsslun npnmval 10 tunllnue auto renal.Retaned la residanllnl Auto rervlsil Barase Ilzonen"Eusinuss an l‘VIld—19905 L_________,tleuan Technolusies !unerates from Dranertv Agenda Item #9.B.24 Oct 2022Page 65 of 117 The property is owned by Tietjen Technologies,Inc.According to their website,theypert brn istructuredcabling,?ber optics,CCTV,and building autoination. The property is a jacent to connnercial uses on the east and north and is adjacent to r uses on the west and south (across the street).The property is I00 feet wide by ‘I00 deep, Generally,the eastern half is occupied by the building and storage While the western h al f isused for parking.Parking occurs on unpaved areas of the lot as well as within the city righ t— oF — way , neither of which rneets current parking lot standards.Siinilarly,the site does not lneet curre ntlandscapingandbufferrequirernents. Commercial Residential use Use Commerclal Residential Use The 2030 Cornprehensive Plan indicates the Coinrnercial land use category is “intended toprovide appropriate locations for neighborhood and coinmunity businesses providing servicesandretail sales for the City and the closely surrounding cornrnunities.Ciovernrnent,civic,heligi ous, cultural and institutional uses,rnay also be located within this category.Perrnitted uses with in the Cornrnercial category,along with uses that niay be allowed by special exception,sh all belirnited to the following and as n-lore speci?cally described within the Land Developtnent Reg ulat ions and when located within the respective Zoning District classi?cations,which are intended toprovide a decreasing level ofuse intensity due to proxirnity to residential uses.”Agenda Item #9.B.24 Oct 2022Page 66 of 117 Relevant and applicable language from the City’s Comprehensive Plan is listed below. Policy A.l.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas,traffic facilities and the aesthetic character of the City. Policy A.1.10.4 The City shall actively support the appropriate redevelopment and in?ll development of the Mayport Road corridor.Retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged.New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy A.l.10.5 Along the Mayport Road corridor,the continuation and proliferation of light industrial uses,automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods such as banks,drugstores,restaurants, churches,child care centers,grocery stores and similar businesses and uses. Policy A.1.11.1 (b)Commercial —The Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities._Government,civic,religious,cultural and institutional uses,may also be located within this category.Permitted uses within the Commercial category,along with uses that may be allowed by special exception,shall be limited to the following and as more speci?cally described within the Land Development Regulations and when located within the respective Zoning District classifications,which are intended to provide a decreasing level of use intensity due to proximity to residential uses. General Commercial.These areas shall include those businesses that provide retail goods and services,which serve the routine and daily needs of residents,including banks and professional services,grocery and convenience stores,restaurants,accredited public and private schools and child care,but not including manufacturing,warehousing,storage or high intensity commercialactivities of a regional nature,or uses that have the potential for negative impact to surrounding properties due to excessive noise,light or extremely late hours of operation._Residentialuses,not exceeding the Medium Density category shall also be permitted,when in conjunction with,or adjacent to commercial development and redevelopment,provided that such residential development shall not be permitted within the Coastal High Hazard Area. Plan states that the City shall find that each of the following conditions are demonstrated by theapplicantseekingsaidamendment.a)There are adequate public facilities available to the proposed development.Agenda Item #9.B.24 Oct 2022Page 67 of 117 b)The proposed t:OITIl11el‘CiEli or indus rial developrnent shall not have adverse iinpa cts to surruunding neighborhoods.other properties.the natural en\rironn1ent.th e aes the ticqualitiesolilheCity2‘Ad shall not iinpmr or (legr dc scenic natural \’i(.’\’\/‘ c)There is a clcinunstratecl deficiency oliconunerci I or industrial lands with in the(‘ily to serve the needs ofrcsidents of the City For such uses. Additit>i1ally.Policy A.1.13.4 states that applications to ainend the (‘oniprehensive shallbe reviewed and evaluated based upon the Follovving factors: (a)Consistency vvith lhc Goals.()hjectives and Policies of this Plan; (b)Cons slency xvith the State Coniprehcnsivc Plan and the Northeast Florida StrategicRegio nalPolicyPlan: (C)Consistency xvith other adopted policies and plans of the City.the (founty.the Stat e orother agencies having regulatory authority over the City; (<3)The potential for adverse ilnpacts to linvironrnentally Sensitive Areas,the Hattlrill environinent or the aesthetic quality or the City, (:2)‘he potential to cause de?ciencies in adopted levels of scrvice or to adversely iI 1 1] ’) a Cl available water supplies.public Facilities,infrastructure and services. ‘The (Zon1n1unity Developlnent Board heard this request at their Septelnber 20"‘rnc etin g anddid not recot‘nn1end approval ofthc arnendrnent the FLUl\/I based on “not nleeling all o f therequired elernents“. REC()lVllVlENDATl()N:The City Cotnn?ssion review and vote on Ordinance 90— 22-248 for COl\d[’22—0OO1 to &lI1’l(:l]dI‘l1Cl‘Il.the FLUIVI frorn RI VI toCl\/L ATTACHIVI Ordinailce No.90-22-248 Application CDB staff‘reporl CDB rneeting rninutes BUDGET:None r REVIEVVED BY CITY IVIANACER:uu 'Agenda Item #9.B.24 Oct 2022Page 68 of 117 ORDINANCE NO.90-22-248 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,AMENDING THE FUTURE LAND USE MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE DESIGATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM)TO COMMERCIAL (CM);PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the CityCommission of the City of Atlantic Beach,Florida hereby finds that the change in future land use enacted by this Ordinance shall provide for orderly growth;encourage the appropriate use of land;protect and conserve the value of propeity;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order,appearance,convenience, and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in future land use were largelydeveloped piiorto signi?cantchangesto theLandDevelopmentRegulationsandtheO?icial ZoningMap;and WHEREAS,the Community Development Board held a duly noticed public hearing on September 20,2022,to consider this Ordinance,did not find it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission deny this Ordinance;and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in suppoit of this Ordinance,and the City Commission finds as follows: a.This change in land use district classi?cation has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Section 24-51 of the Land Development Regulations and Chapter 163,Florida Statutes, for small scale amendments. b.The proposed future land use amendment to Commercial (CM)is consistent with the goals, policies and objectives of the City’s adopted Comprehensive Plan. development shall be consistent with the zoning,subdivision,Land Development RegulationsandotherapplicableprovisionsoftheAtlanticBeachCodeofOrdinancespriortoissuanceoflocalpermitsauthorizingconstructionorsitealteration.d.The future land use designation of Commercial (CM)is consistent and compatible with thesurroundingdevelopmentandzoningdistricts.SECTION 2.Affected Properties.Pursuant to this change in land use district designation procedure,the future land use designation of those certain lands within the City of Atlantic Beach,as moreOrdinanceNo.90-19-246 Page 1 of 3 Agenda Item #9.B.24 Oct 2022Page 69 of 117 particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed from Residential Medium Density (RM)to Commercial (CM).This reclassi?cation does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24,Land Development Regulations. SECTION 3.Future Land Use Map Revised.The Director of Planning and Community Development is hereby directed to revise the of?cial Future Land Use Map of the City of Atlantic Beach to re?ect the change in future land use for those properties described in Exhibit A from Residential Medium Density (RM)to Commercial (CM). SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severability.If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlaw?ll,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this day of ,2022. PASSED by the City Commission on second and ?nal reading this day of ,2022. CITY OF ATLANTIC BEACH Ellen Glasser,Mayor Attest: Do11naL.Baitle,City Clerk Brenna M.Durden,City AttorneyOrdinanceNo.90-19-246 Page 2 of 3 Agenda Item #9.B.24 Oct 2022Page 70 of 117 Exhibit A The lands subject to this Ordinance No.90-22-248 changing their future land use designation from Residential Medium Density (RM)to Connnercial (CM)shall be those described below. All Book and Page information can be found in the current public records of Duval County,Florida. Address RE Number Legal Description 51 West 7”‘Street.170816-0005 LOTS 1AND 2,SECTION H,AS RECORDED IN PLAT BOOK 18,PAGE 34 OF THE CURRENT RECORDS OF DUVAL COUNTY,FLORIDA. Ordinance No.90—19—246 Page 3 of 3 Agenda Item #9.B.24 Oct 2022Page 71 of 117 APPLICANT INFORMATION NAME Ian ‘rietjen ADDRESS 51 w 7th Street REZONING APPLICATION City of Atlantic Beach Community Development Department 300 Seminole Road Atlantic Beach,FL 32233 (P)904-247-5300 EMAIL Bridget.Re¥eS@:ublertl.com PHONEII 9042700070 8]$500.00 Zoning Ma p Amendment ij s1.ooo.oa Text A m en d m en t “L5,,ZAZ N zz —— cooiT6i’nT1' sTziiui:.QFFIC E useonu.v RE;1708l6~O0O5 LOT/PARCEL SIZE cuss COMPREHENSIVE FlAN FUTURE LAND USE DESIGNATION :gynrf|ef:[a|use CITY Atlantic Beach 7 STATE FL 2"’CODE 32233 CELL;904-916-6699 SITE IN FORMATION ADDRBS 51 w7th street SUBDIVISION Atlantic aeaeh sec H 031 I9 BLOCK 7 1 LOTI.2 ZONING CODE REQUFSTED PROVISIONS FROM WHICH WAIVER is SOUGHT change zone from residential to commercial. USD 3 URE OF APPCICANT PRINT on TVPE NAME PROVIDE ALI.OF THE FOLLOWING INFORMATION: 1 .The names and addresses ofall owners ofthe subject property. 2.The existing and proposed zoning district arthe subject property.(Requested Action) 3.A statement ofspeclal reasons and justification to support the rezoning as requested. 4.The signature of each owner of the lands sought to be rezoned. I usnenv cennrv 11-urr AL ll\lFORIVIA11ON PROVIDED is connscr:signature of Property owneris)or Authorized Agent }Ian Tleljen A SIGNATURE OF ‘PPIJCANT (2)PRINT GRITVPE BIPAI‘/IE Slgned and sworn before me on this 2 7»day or AU 5 U 5!2°3'1 by state of IAN 1f\t=:gEM c.,.,,..,.,. Identi?cation verl?ud:VE S —F ‘D ‘- 7 oath swam:E/Yes i_—_ii~io 21 nzzomms APPLICATION 09.2.1291 9 ,ANNON MAHRONNusltirvPul:llu~$tnEu at Flavldl cgrnmln-lon 4 m1 aoourr ary signature y Corn rnlssiun expires 4 ''0 '‘207 -U’ _NT Agenda Item #9.B.24 Oct 2022Page 72 of 117 FUTURE LAND USE MAP (FLUIVI)AMENDMENT ’"E5: rursnwatomceussam v city of Atlantic Beach HLE ,, Corrlrnunlty Development Department ___FTTFTF ,_soc Seminole Road Allarltll:Beach.FL 32233 (P)9D4~247»5BOD SNIALL SCALE DE V E L OP M EN T SITE INFORMATION ADDRESS 51 w 7_u.5"“,_CITY Aiianiigggach _STATE EL ZIP CODE 533;SUBDIVISION A:Iai_'L!|c Beach sec H 031 I9 BLOCK or _L LOT In 1,2 _7 RE»170516-Duos __PARCEL sizE TOTAL ACREAGE 0233 CURRENT FLUM DESIGNATION RM 7 ZONING CODE US D3 PROPOSED FLUM DESIGNATION COMMERCIAL FLOOD ZONE _ APPLICANT INFORMATION NAME l_a_nj‘len'en PHONE»5o4L2_7o —cig7o ADDRESS 51 w 7t!_\_§IIee!_ CELL It 904-915-s699_ CIW atiantic beach 7 STATE FL ZIP CODE 3223; EMAIL ErIt.1get.Reyes@cable(ti.corn awNEn 1:;LEGAL AUTH ORIZED AGENT REQUEST FOR FUTURE LAND usE IVIAP il=LuMl AMENDlulENr:Applicants are advised that approval of an amendmenttotheFuture Land use Map does not constitute approval for issuance of any permit or Development order.use and development land s relatedto lhls land use map amendment.If approved,and any zoning change shall he s biecl to compliance with all applicablelocalLand Development Regulations.any state and Federal permitting requirements as wei as Florida Building Code requirements ForCategory "c"construction. PROVIDE ALL OF THE FOLLOWING INFORMATION DESCRIPTION or PROPOSED usE AND PROPOSED DEVELOPMENT Acrlvirv (ALSO INCLLIDEANTICIPATED DEVELOPMENT AND ANY PHASING SCHEDULE). Thls property has a warehouse on it and has sincepurchasing and is used as a commercial novice. NUMBER or WETLAND ACRES IDENTIFY ANV OTHER ENVIRDNMENTALLY sENsmvE LANDS,ANY LISTED OR ENDANGERED SPECIES on HAEITATS. IDENTIFY ALL PUBLIC AND PRIVATE SERVICE Pi2ovii>Eas OF WATER.sew?,EEcrnic,SOLID wAsTE,ETC.‘PR3/ IDE ESTI MATES or VVATER.SEWER AND SOLID WASTE DEMAND.,_e _, IDENTIFY ANV ornén ENvinoNiviENTALLvsENsrrivE LANDS,ANY LisrEDon ENDANGERED specis on HABWATS: :2 Furunsumz use A7M:ivmviENr»sMA?LL n7.oa.2o I 9 ’Agenda Item #9.B.24 Oct 2022Page 73 of 117 VESTIMATEDlMI=ACr1'o AVDOPTEDLEVEL OF SERVICE s'rANl;Al;;s7AsEsrAi3LlsHED Bv THE CAPITAL lMP; 0VEMEN:'S ELEMENT OFTHE EFFECFIVE COMPREHENSIVE PLAN. APPLICAYIDN PACKAGE :0-lEl:I(I.Is‘r "Additional information may be required.depending upon circumstances unique to Individual ap pli cat io ns 1.coven FAG dentirying the project. 2.TABLE or CONTENTS:Include a list of a exhibits and attachments. 3.STATEIVIEN7:statement addressing need and iustirlcatlon for requested amendment. 4.APPLICATION:This rorm completed in It's Entlrety. 5.LIST OF ADJACEN1 PROPERTY owuens AND ENVELOFES:A list of adjacent property owners within zoo feetoftheproperty including name,mailing acldiess and their real estate n\.lnrIbev(lu<aleI1 at the Property Appraisers recent certifie d taxrollsi. Include a legal size envelope addressed to each property owner on the list (do not include a return address).envelo pe must contain Proper Puslaga p 9rder ln_am ch » 5.PROOF oI=OWNERSHIP:need or certillcate by lawyer or abstract or title company that veri?es record owner above. 7.LETTER or AIrrHonIzA'rIciN:If the applicant is not the owner provlde a letter of authorization from the owneris) (orapplicant to represent the nwner(s)1or all purposes related to this application. 5.sunvav AND LEGAL DESCRIPTION:current survey and legal description of property sought to be rezoned. si.I.ocA1IcIu MAP:General location map with property subject to application clearly identi?ed. ‘I0.SITE ruuu:site plan containing the following it applicable to the proposed proiect (account for all land included). a Number and types of dwelllng urlils Tyne and square feet of curnrrlerclal or Irldustrlnl uses Any existing structures and proposed use Any open space,ourrers and recreational areas wetlands.streams,creeks.lakes or any other water bodies or Environmentally Senslllve Lands Most recent aerial photograph or site and surrounding lands Drainage and storm water facllllles and other lnrrastructure.Including ingress and egress.internal access roadways I 1.REQUIRED NUMBER oI=COPIE .one (1)digital copy »additional paper copy is optional 12.AI=I=LIcA'rIl:N FEE:$550.00 I HEREBY CERTIFY THAT ALI.INFORMATION PROVIDED Is CORRECI’:signature of Property ownerisl or Aulhcrlzed Agent % 7 T_ Ian Tletjen 3/ 24/ 22SIGNATURECFAPPLICANTPRINTCRTVPENIKNIEDAT E S|GNAT\JHE CF APPLICANT (2)FRINT CH TVPE NANIE D AT E Signed and sworn oeroro me on this 34‘clay of A U6’U ST awaa by state of _ \on T\C*‘}?vi ,. _County of 1ixQ1 identi?cation verl?zd: oath sworn:|E/Y:s //’ g ury signature Mycomrrilsslon expires &|]Q[Q.l)_.1 22 Puma:LAND use AMEN Agenda Item #9.B.24 Oct 2022Page 74 of 117 Danielle LeighThompson RE#170753-0000 49 W 7"‘Street Atlantic Beach FL32233 Travis Ligon RE#170818-0000 66 W 7"‘Street Atlantic Beach FL32233 Christina Shafer RE#170818—001O 68 W 7"‘Street Atlantic Beach FL32233 Agenda Item #9.B.24 Oct 2022Page 75 of 117 ’ 1 This lfirranty Deed Made this 1st:day of November by JAMES B.ADAMS,JR.and JEAN c.ADAMS, his wife 1565 Boyer Oaks Lane Jacksonville,Florida 32225 hereinafter called the grantor,to TIETJEN TECHNOLOGIES 1 i A.D.2001 ii 1 INC.} whose postof?ceaddress is:51 w_7th,Street Atlantic Beach,Florida 32,233, PURCHASE AND SALE AGREEMENT THIS AGREEMENT between JAMES B.ADAMS,JR.and JEAN C.ADAMS,his wife,Seller,and TIETJEN TECHNOLOGIES,INC.,:1 Florida Corporation,Purchaser. 1.SALE:Seller agreesto sell andPurchaseragrees to purchase thefollowing described real estate,with its appurtenances,located in the County of Duval,State of Florida: Lots 1 and 2,Block 71,ATLANTIC BEACH,SECTION "H", according to plat thereof recorded in Plat Book 18,Page 34,of the current public records of Duval County,Florida., a/k/a 51 West 7th.Street,Atlantic Beach,Florida 32233 PURCHASE PRICE AND METHODOF PAYMENT:The purchase price is payable to Selleras follows: 2. $125,000.00, :3)$20,000.00 depositpaid upon execution of this Agreement by Purchaser. Thisdepositshall be non-refundableunless Seller is not able to deliver clear title.This deposit shall be appliedto the purchaseprice. b)$105,000.00 at closing.Closing shall be held on or before November 1, 2001. 3.DEED:Seller agrees,on full payment of tlie purchaseprice in the manner herein speci?ed,to make,execute,and deliver to Purchaser a good and su?icient Warranty Deed to the premises,free and clear of all liens and encumbrances. 4.CLOSING:Closing shallbe held at the o?ice of William G.Noe,Jr.,Esquire, 599 Atlantic Boulevard,Suite 6,Atlantic Beach,Florida 32233.Title Insurance shall be furnished by William G.Noe,Jr.,through Attorneys’Title Insurance Fund,Inc.At closing, Seller shall fumish satisfactory proof that Purchaser will not be obligated to withhold any of the purchase price under the Foreign Investment in Real Property Tax Act. 5.CLOSING COSTS:Sellerwill pay for a fee title insurance policy,stamps on the deed and the Closing Attorney fee.Purchasershall pay all other closing costs. 6.DOCUMENTS:Withintwenty (20)days a?er execution of this Agreement property,including,but not limitedto,site reports,zoning information,reports,environmental studies,agreements/requirements with,among and betweengovernmentalauthoritiesconcerningthepropertywhichSellerhasinhispossession.ThesedocumentsshallbecomethepropertyofPurchaseratclosing.Agenda Item #9.B.24 Oct 2022Page 76 of 117 '5 M MAi5"’§éi6W}FiéVaouNDARv suave? LOT /_€'_fBLOCKL As SHOWN ow MAP or In JA/r/c..541‘-‘.:1t:'/»’5..=cr/o/v /4 'W’\ As RECORDEDINPLAT BOOK /-9 PAGE 545 ____\\OF THE CURRENTPUBLIC RECORDS OF DUVAL COUNTYFLORIDA-’ xx\ '‘:E3§\‘\5 ‘\l z,7 2 6 E 9 “f 70 5.7'/\ I O0.00'J, .4 ?)':‘?‘/4PD£'~~/Txi’.06.E34 x cm:406.9.Q C 0 7‘Z CI:T / H L...“.1.A ‘j A,'R/P1.E;-daalrlol-I 3; \ "1 ‘Q B K,5 £'4f:.,’,3,?x N fr.R ?tzrgpnva g;\-L Q .3:o \§»/‘1;\:3 V ."1 g «'4 3 ‘*3 ti *"A IS!._I .Q‘’-,£49 6 411 a',.5E.OD"“""' , A - LL zVI~4Q90.0 .9 °-I" INN?,D‘D""'.:’.‘L .__,'__ °""by $11 __ /00.00’ 1«(/e.sr5sv.e=A/r/-/577 so /7414‘ P|'I":'I-IVIYIA5I€lEHD|Nl'l"|'|IEEf‘H’WAT?l.E%T‘IAtT L?HlRVITBm'IVIl.D|?.£.!J%5ElI'l'|i‘l'|£I1lVEYG§1LLI3XED N LAND LEGENDA‘5274 RAMDNABOULEVARD.JAct5so.‘{vtLi-EFLORIDA32205 0 rw-om’-WHAsscALI-:DFROM COMMUNITYPANEL‘uv __l§_t’_‘1.".5 new 9 2 :,t',:,,";:,",,',",,',':,,,,,,,,,,,(M,THE;SITELIES!NFLOOD ZONE 'X 7 ,,,.;.,,.,.,,,,,___‘‘......-.......'.~cone.twill?!ntneav cemrv THAT ms sunvav snow}:HEREINwns MADE:2:MI W"W "VAccoRoANc£WITHTHE*MINIMUMTECHNICALs1.ANaARus*ran ,,._,_.Mn.ggmggmp ugLANDsunmamHSTATEEFLoRrDA.,2'«,HH §.F.A.1;.,I17.non%/—,Rm.nnmoc:u normL.D.BRADLEY‘ANDsunvrzytf"'DATE,6.35.5,2,;'""'FLORIDAREGISTRATION#I350 SCALE§/”:?O'Oh.DIN!Agenda Item #9.B.24 Oct 2022Page 77 of 117 Lo'r/J'_?BLOCK_.7_/..As SHOWN on MAP or i V *‘""""‘mE$ATJ§?siFit70?/Té§u’ESV"é6m[J"i'~1EE§V%§D*R"{/E?rWLWV4’” § F?//'rz4A/r/C.55.41.-x/Z5.sWcr/o/./__//.\\A5 RECORDEDINPLAT BOOK /6 PAGE,34 _M__vOFTHECURRENTPUBLICRECORDSOFDUVALCOUNTYF-'LORlDA-'‘ -.‘k \,\‘§“1”:“ ‘\(0 T Z 5 4:9 c4\(70 5 e T / /00.09‘kK .4-?y-o~x=oe~v—-’? ‘B ‘1“.- “a 0 ._’do a§_0:0'9 L a 7'Z (0 7"/ g wr % '12:15.”:$ \\ "W '0 6 Q /-5'-rY'.Q “ _/$4420/4,7)’I _I’) R (V 54//an/H5 N \ ti *Q’6 _.5 I ~0 \0 -°-\Lu0VIu.\‘;g"I 3 "\J2‘. *~'2”"‘ 3 to 1 IQI \‘;3k4:..!'a 4.9.2“ksgt00':_‘r--I;-,J"-V.‘I Q 0.00 '""'....W,,,.,,,.,:.T:,.'.} “\. W :53‘;lg .9 ‘W‘ -Pa-,,_,-72..-ég?gjlf-‘? ' /00.00' Wear 5L=vE=A/TH 57:.50‘/?—;.U‘ LEGEND‘a nun It!’nowIn0InIrryou91-:man concur:uouuuun (4.4)CDICIEIImmorinIuulunumnlou LIIItonvRunnermu-InBRADLEYLAND5274RAMONABOULEVARD,JAC|5SONV!:.'LEF0R2205"A5 scALED FROMCOMMUNITYPANELfl__L2_'=5 ace»9‘n-us SITE LIESIN FLOODZONE xIFEREBYCERTIFYTHATTHESURVEYHEREINWASEMDE3NACCORDANCEWITHTHE'MWIMUMTECHNICALSTAN-DARDS“FORLANDSTATEFLORIDA.23:H-1 5.F.A.C.L.D.BRADLE\;CAQr:lDSURVEYFLORIDAREGISTRATIONA1330 DATE:6-?&-5/SCALE /”:?o~’..OR.#1460‘7-91 .,,..F.,,.,Agenda Item #9.B.24 Oct 2022Page 78 of 117 ..,u...<;« --nah.‘-4 n:u...»my nu."-9... Hal:.».-..,3-zr £.‘:3f5:__._.__$4.:=.emu -=m "’-up.'"mm‘M...adv;-mug!=..n.:.«-:0 ~.. ..,, ,q. ~ Entries sm an..- :1 v 1m 51.1.11:5-.lcx""'-n E4:-.':.r|.:::ac za«---3-A__—_‘.J;~>n.., ....,M "an.M ulpv (W mu. c,,,,,7,,/\~<V-V -. ., _ “ EM‘t1'.‘.3'-3.°n'-."V"""""'X 6”“* o~,.,_, * """"‘°o.._ "‘-o...5’Agenda Item #9.B.24 Oct 2022Page 79 of 117 Agenda Item #9.B.24 Oct 2022Page 80 of 117 REZONING APPLICATION City of Atlantic Beach Community Development Departrnerll suo serninoie Road Atlantic Beach,FL 52233 (P)so-3-2475500 APPLICANT INFORMATION NAME Ian Yietjen ADDRESS 51 w 7th Street CITY A?antir;Bench STATE FL ZIP CODE 32233 SITE INFORMATION ADDR55 51 W 7th Street SU BDIVISIDN Atlantic Beach Sec H 1 70816-0005 03119 RE!‘LOT/PARCEL SIZE 0333 CONIP?EHEN5WE PLAN FUTURE LAND USE DESIGNATION c°rnn1gr(|3I use REQUESTED PROVISIONS FRONI WHICH WAIVER Is SOUGHT change zone rm,"rg§|?grg[|a|go .:ommem.,|_ E657 iiIIi'énIwu.o T F iiE é IiséaKu'.9 ,=,._E.,zezu zz—-oao $500.00 zoning Ma p Amendrnen rIII$1,000.00 Text A m e n d m e nt___EMAIL BrIdget.Reyes?>:abletti.com PHONE It 9o427nI3o7o CELL 0 9o4—_9_-ug-5599 BLOCK 7 1 LOT1,; ZONING CODE USD 3 PROVIDE ALL OF THE FOLLOVVING INFORMATION: 1 .The names and addresses of all owners of the subject property. 2.The existing and proposed zoning district ofthe subject property.(Requested Action) 3.A statement ofspecial reasons andjustmcation to support the rezoning as requested. 4.The slgnature of each owner of the lands sought to be rezoned. I HEREBY CERTIFV THAT AL IIuI=oIIIvIA11cN vnovinsn Is connscr:signature of Property Ownev(s)or Authori zed Agent Ian Tletjen ATURE OF RPFLTCRNT PRINT OR TYPE NAIVIE D A TESIGNATUREOFAPPIJCANTI2)PRINT CR TYPE NANIE Signed and sworn before me on this 77-day of “U 5 U 57 2°2'7’hy State of ?j [Lu T\€1_“SEI~l Countyof Identi?cation Venn-d:V E.S -F K D \- oatn Sworn:?/Yes |:1No 21 naomivs APPLICATION 09.26.2111 9 4-I0 -2. 0740 Agenda Item #9.B.24 Oct 2022Page 81 of 117 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGIZNl)A ITEJVI 4.E CASE NO.COIVlP22»U00l AND l{EZN22-0002 Rec/1Ie.s'I‘/in‘u Fmm-e Land I/Se A/Iup (FL U/Ill)(In1eI1dII1eI1r In clm ng e II1r:fi/ lurelanduse(le.s'igI1(IIia)1_-um Re.w'(Ie11IiuI ll/lezlilun Den _v (RA/I)In conml ert:1! ((‘A4)and u z()I1il1g [nap (1/neI1(In1enl Iv L‘/1(rr7g(:‘the -nving?-on1 Re.\'l'(le)1Iiul,GEr1vr'(II,7'u'0-F‘(III7iIy (RG)In C‘uInInerr:i(II.Cieneral (('(}). LOCATION 51 VVesl 7"‘Street (Lots 1,2 Blk 71 Section I-l) APPLICANT Ian Ticljelu DATE Septeniber I3,2022 STAFF Brian Broedell,Principal Planner STAFF COMMENTS RE UEST:The applicant is requesting to change the Zoning DistrictsfuturelanduseInapandzoningInapdesignationof5l West 7"‘Street from residential to commercial. C —,-~‘—I‘l d 'd 'd ._.R:;;::;‘z.:":l::.:*:;".;..:;::;(:‘M;‘S:.::?f'?."a;Z..:S — Residential,General,Two~Fan-lily (RG).The request is —0-<'--~-~--'r~’v-Irli---i«-rI to change the ?.Ilure land use designation to Cot-nrnereial 2 cc.(«.,.......-mm,a (CNI)and the zoning lo Con1n1crcizIl.General (CG). HISTORY:The property was developed around I982 as an automotive repair garage.At that time,the property was zoned “Business B"\>\/IIiCI‘I pern?ued autornolive repair.In I985,this property was rezoned to residential as part or-a mass rezoning ofthe area.A use by exception was granted by the City Commission 1986 to allow the continuation ofthe automotive repat garage (only as auto repair).It remained as an auto repair garage until the n1id»l 9905 when Tietjen Technologies began operating froln this propeny and has cont inue d todoso. Tl l\/I E LIN E 1982 1985 1986 |VIid~1990s 2OI22IIII Aulu ........Razunud ..Curnvu nappraval ..L_______V mm _____ __4(Zoned "ausinzss an residential nunlinue auto repair I Dperares "am nmpenv Agenda Item #9.B.24 Oct 2022Page 82 of 117 CUIKRENT CONDITIONS: The properly is cwned by Tietjen Technologies,lne.According to their website,they perf orrn sI.ructl. Iredcabling.Fiber opiics,CCTV,and building autornation. The p|'0pcrly is adjacent lo cornrnercial uses on the east and north and is adjacenl to re useson the west and south (across the street).The property is I00 feet wide by 100 feet deep.Gen er ally, the eastern half‘is occupied by the building and storage while the western half is used For pa r ki n g. Parking occurs on unpaved areas ofthe lot as well as within the city right-of-way,l-leithcr of which rnee ls current parking lot standards.Similarly,the site does not meet current landscaping and buffer requ irem ents .Commercial Residential Use : Use 4‘... Residential Use Page 2 of5 Agenda Item #9.B.24 Oct 2022Page 83 of 117 ANALYSIS &REVIEVV PCI‘Section 24-62(C)(2)of the Land Developlnent Code,the Cornnlunily Developlnelll Boardshall “indicate the relurimzship ofthe proposed rezonin to the Com e/1e:ve Plan 01 the aI1d[) rovicl ea_/Fntling am,[he requeslecl change in zoning ,-..-Rele vant and applicable language frorn the City's Colnprehenslve Plan IS listed below. Page 3 of 5 Agenda Item #9.B.24 Oct 2022Page 84 of 117 6 (‘uInInc cial and light indt ‘lridl developlnelil shall be localccl and dc.gn ed soasto minimize adverse elleets on residential 2:cas.trat‘Fc facilities and the aesthetic character City. 0.4 The City shall actively support the appropriate redevelopment and in?ll or the Mayport Road col idol-.Retail and Scrvi e uses that sustain neighborhoods.and encour age amore -eiesllielically pleasing and pedest n rrienelly env mment shall be encoulaged.New developme nt along Mayport Road shall be in comp lance with the Coinlnc cial Co clor Development standards assetforth within the Land Development Regulations. l'uI cy A.l. Pol cy A.l.l0.5 Alolig the |\/Iayport R()a(I C()l'l‘l(lOI'.the continuation and prol'Fcralio of li g ht Iduslrial uses,autoinotive sales and rcpai businesses and other inure intensive coinrriercial business ac ti vi tie s shall be cliscour ged in Favor or those businesses and uses that provide neli=-hhorhootl set ving retai l products and services that generate daily activity and interaction between residents of the suri'oLli1 dingnciglibnrhoodssuchasbanks.cl Llgslo es,restaurants.churches,child caie centers.grocery storesand silnilar bu.inesses and uses. Po cvA 1 lo allons fol (b)Co 11 inc also be located with 1 this eategoiy.Pctmitted uses with -i the Commetcial categoiy,along wit h usesthat lnay be allowed by special exception,shall be niled to the following and as more speci?cally desctbed within the Land Development Regulations and when located within the respective District classi?cations,which are intended to provide zl decreas ng level of use intensity due proxi rnity to re dentia I uses. General Corrlrnercial.These areas shall include those .Residential uses.not exceeding the1Vlediun1 Density category shall also be permitted.when in conjunction with,or adjacent t o comm ercialdevelopmentandredevelopment,provided that such residential development shall no t bepermitted within the Coastal High Hazard Area. vcPlanstates ons are demonstrated by the ap pli ca nt seeking Further,in considering a FLUM alneridrnenl application,Policy A.l .3.l ofthe comprehcn. that the City shall Find that each of the Following condi ' said arnertdlnent. 21)There are adequate public facilities available to the proposcd developrnent. b)The proposed commercial or industrial development shall not have adverse impacts tosurro undin gneighborhoods.other properties.the natut 1 environment.the aesthetic qualities thecityand shall not impair or degrade scenic natural views. c)There is a demonstrated de?ciency of commercial or industrial lands within the toservethe needs oft-esidents ofthe City for such uses. Additionally,Policy A.l .l 3.4 states that applications lo arnend the Colrlprehensivc Plan shall bereviewed and evaluated based upon the Following factors: Page 4 ors Agenda Item #9.B.24 Oct 2022Page 85 of 117 (a)Consistency with the Goals,Objectives and Policies of this Plan; (b)Consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c)Consistency with other adopted policiesand plans of the City,the County,the State or other agencies having regulatory authority over the City; (d)The potential for adverse impacts to Environmentally Sensitive Areas,the natural environment or the aesthetic quality of the City, (e)The potential to cause de?ciencies in adopted levels of service or to adversely impact available water supplies,public facilities,infrastructure and services. REQUIRED ACTION The Community Development Board shall make a recommendationfor approval,approval with conditions,or denial of this application. The City Commission will then review the recommendation and hold two public hearings to consider the request.These two hearings are scheduled for October 24”‘and November 14”‘. Following these public hearings,the city commission,by ordinance,may amend the zoning and future land use map designation of said property,or it may deny the request.In the case of denial,the city commission shall thereafter take no further action on another applicationfor substantially the same proposal,on the same property,until after three hundred sixty-?ve (365)days from the date of the denial. Page 5 of 5 Agenda Item #9.B.24 Oct 2022Page 86 of 117 Present Absent: Also Present: IVIINUTES Colnlnunity Developnrent Board (CDB)Nleeting Tuesday,September 20,2022 —6:00 PIVI Commission Charnber Jeimirer Lagner.Meinher Kirk Hansen.CDB chair Janles I\/Ioyer.Member J=l'TH-aynie.l\/Ienlber l-zllen Gelombek.Member Linda Lanier.Member Sylvia Sinllnons.lvlelnber Brenna l')ul'deI1.,Cily Atlol'l1ey (CA) Amanda Askew.Piallning and community Development Direclor (vcoo; Valerie Jones.Recording Clerk Ahrieue Genesl.Planner CALL T()()RDER AND ROLL CALL APPIIOVAL OF IVIINUTES A.AppI'ove minutes or the August I6,2022 regular meeting or th e Commun ityDevelopuieillBuar. OLD BUSINESS There was no old business. NIEVV BUSINESS A.1858 Beachslde Court ZVAR22—0012 (lerrrey Ritter) Request for a variance to reduce the nlinimum rear yard set ba ck tobuild:1 motorized pergola at 1858 Beachside Court. STAFF I{EPORT:Planner Genesl presented the infol"nalion as explaine d inIhestaff’ report.She explained ll-lat the applicant received a variance several lagobutis seeking a clirrerent rontprint,thererore,a new variance request is r e q u i r e d . shealso provided a PowerPoint presentation. APPLICANT REPORT:Suzanne Riuer explained that they were goingto do an awning style or pergela and now she found this producl that olorize d. she said it will allow Iheln to shut the louvers when it rains and open them forlight. ly I)l: \'t: Inp n|c|I( nuuril(cum September20.znzz PageIor6 Agenda Item #9.B.24 Oct 2022Page 87 of 117 Ms.Golombek asked if there will be drainage from the pergola.Ms.Ritter said that it has a gutter system and french drains.Mr.Haynie asked what ground were used by the Board to approve that previous variance. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were no public comments. BOARD DISCUSSION:There was no further discussion. MOTION:To APPROVE ZVAR22-0012 based on grounds for decision #5 (Irregular shape of the property warranting specialconsideration). Motion:JejfHaynie Secoml:JenniferLagner JenniferLagner (Seconded By)For Kirk Hansen For James Moyer For JejfHaynie (Moved By)For Ellen Golombek For Motion passed 5 to 0. B.94 West 13th Street ZVAR22-0014 (Peter Havens) Request for a variance to exceed the maximum shed height for an existing unperm itted shed. STAFF REPORT:Director Askew presented the information as explained in the staff report.She explained that a stop work order was issued for an unpermitted shed.The applicant submitted a second building permitthat met code and was approved by staff. However the shed was not built matching the approved permit.She also provided a PowerPoint presentation. Mr.Haynie questioned how the permit application was approved.Director Askew explained that Staff goes off of the information on the building permit applicationwhich in this case said that the shed wouldn't be over 12 feet in height. APPLICANT REPORT:Peter Havens explained that he purchased the shed on an on- line source.He said the shed was already built and moved to his yard.Mr.Havens said anchor it on lower blocks.Mr.Havens said the contractor told him it was under the 12feetheight.Community Development Board (CDB)September 20,2022Page2of6 Agenda Item #9.B.24 Oct 2022Page 88 of 117 Mr.Moyer asked if the contractor 1nentio11edgetting a permit.Mr.Havens said he did not.Ms.Lagner asked if the shed was already constructed.Mr.Havens explained it was moved from another property where the seller needed to have it removed. PUBLIC COMMENT:Chair Hansen openedthe floor to public comment.He said he did have a letter from a resident from Mr.Haven's neighborhood.There were no public comments. BOARD DISCUSSION:Mr.Haynie spoke in favor of the variance.Ms.Golombek was concerned that they might be operating on the premise that it's better to ask for forgiveness than permission.She said the permit was approved for 12 feet and the shed is 13 feet 4 inches.Chair Hansen said he didn't want to get in a habit of approving something that wouldn't have been approved in the first place just because it's already done. MOTION:To DENY ZVAR22-0014 due to not meeting any of the 6 grounds for approval. Motion:Ellen Golombek Secoml:James Moyer JenniferLagn er For Kirk Hansen For James Moyer (Seconded By)For JeffHaynie For Ellen Golombek (Moved By)For Motion passed 5 to 0. C.720 Bonita Road ZVAR22-0015 (Paul West) Request for a variance to the platted Building Restriction Line (BRL)at 720 Bonita Road. STAFF REPORT:Planner Genest presented the information as explained in the staff report.She also provided a PowerPoint presentation. APPLICANT REPORT:Paul West was representing the homeowner as the builder. He said that the architect had called the city and was told the setback was 20 feet.Mr. West gave the Board a copy of the elevation.He said that the homeowner had 2 children and his family was outgrowing the home. Board has encountered similar requests.He explained that 10-15 years ago the CityCommissionwantedtochangetheBRLfrom25feetto20feetbutdeemedittoodifficulttodoso.Chair Hansen said he doesn't see any difference with this request than what haspreviouslybeenapproved.Ms.Golombek asked if this BRL could be permanentlychangeelectronically.Ms.Durden saidthat it would have all the property owners (500+)signatures and any moitgage holders signatures.She explainedthat this was looked intoCommunityDevelopmentBoard(CDB)September 20,2022Page3of6 Agenda Item #9.B.24 Oct 2022Page 89 of 117 a coupleyears ago and you would have to contact several hundred homeowners and their lenders. Dayne Jeffries introduced himself as the homeowner.He said he was born and raised in Atlantic Beach.Mr.Jeffries explained how they were outgrowing the home.He said he has signatures from his neighbors in support of the approval of the request. PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were no public comments. BOARD DISCUSSION:Ms.Golombek said she would really like to see the City address this and fix it for the future. MOTION:To APPROVE ZVAR22-0015 based on grounds for decision #4 (Onerous effect of regulations enacted after platting or after development of the property or after construction of improvementupon the property). Motion:JenniferLagner Second:Ellen Golombek JenniferLagner (Moved By)For Kirk Hansen For James Moyer For JeffHaynie For Ellen Golombek (Seconded By)For Motion passed 5 to 0. D.60 Ocean Boulevard UBEX22-0007 (Salumeria 104) Request for a use-by-exception to allow on-premises consumption ofalcoholic beverages within the Central Business District (CBD)zoning district at 60 Ocean Boulevard. STAFF REPORT:Director Askew presented the information as explainedin the staff repoit.She also provided a PowerPoint presentation. APPLICANT REPORT:Graziano Sbroggio introduced himself and his partners.He said they are a Miami based group establishing a restaurant in Atlantic Beach.Mr. Sbroggio said the restaurant is being remodeled and updated.He said they hope to open soon. no public comments.BOARD DISCUSSION:There was no fuither discussion.Community Development Board (CDB)September 20,2022Page4of6 Agenda Item #9.B.24 Oct 2022Page 90 of 117 MOTION:To APPROVE UBEX22-0007 to allow on—pre1nisesconsumption of alcoholic beverages within the Central Business District (CBD)zoning district. Motion:James Moyer Secoml:JeffHaynie James llloyer (Moved By)For JeffHaynie (Seconded By)For Jen mferLagner For Kirk Hansen For Ellen Golombek For Motion passed 5 to 0. E. MOTION: 51 West 7th Street REZN22—0002 and COMP22—0001(Ian Tietjen) Request for a rezoning to change the zoning district FROMResidential,General, Two-Family (RG)T0 Commercial,General (CG).Also,a request for a Future Land Use Map (FLUM)amendment to change the future land use designation FROM Residential Medium Density (RM)T0 Commercial (CM). STAFF REPORT:Director Askew presented the information as explained in the staff report.She explainedthe property has been used as commercial since the 1980's and they are seeking the FLUM and rezoning to make the use conforming.Director Askew also provided a PowerPoint presentation. APPLICANT REPORT:The applicant explainedthat they have been at the location since around2003.He said they doall of their work off-site andthe business is an office, storage of materials and vehicles.The applicant said they don't plan to make any changes. PUBLIC COMMENT:Chair Hansen openedthe ?oor to public comment.There were no publiccomments. BOARD DISCUSSION:Ms.Lagner spoke in favor of approval.Ms.Golombek asked about applying a condition with the landscaping.Mr.Haynie said he looked at the ComprehensivePlan andunderstoodthat it stated a desire to avoid this type of use.Chair Hansen said the property was a cut—out in the middle of mostly commercial uses and come residential.Director Askew explainedthat a change to another use would trigger a need to bring everything up to Code.She said the current business could operate as it is because the City sees it as non-conforming.Ms.Durden told the Board that it is not possibleto add conditions to a rezoning approval.She said the applicantcan voluntarily Recommend to the City Commission to DENY REZN22—0002 and COMP22-000l.The motion is based on not meeting all of the requiredelements.Motion:Second:JeffHaynieEllenGolombek Community Development Board (CDB)September 20,2022Page5of 6 Agenda Item #9.B.24 Oct 2022Page 91 of 117 JenniferLagner Against Kirk Hansen Against James Mayer For JeffHaynie (llloved By)F or Ellen Galombek (Seconded By)For Motion passed 3 to 2. 5.REPORTS There were no reports. 6.PUBLIC COMMENT There were no public comments. 7.ADJOURNMENT There being no further discussion,Chair Hansen declared the meeting adjourned at 7:15 p.m. Attest: Amanda Askew Kirk Hansen,Chair Community Development Board (CDB)September 20,2022Page6of 6 Agenda Item #9.B.24 Oct 2022Page 92 of 117 CITY OF ATLANTIC BEACH CITY CDDGNIISSION IVIEETING STAFF REPORT AGENDA ITEIVI:Ordinance No.90-22-249 (REZN22—00O2 for 51 west 7 "‘ street). Request to rezone from Residential,General,T\vo— Fatnily (RG)to commercial,General (co) SUBMITTED BY:/v\ntzInda Askevt/.AICI’.Director of Planning,&Contin. T()DAY’S DATE:Oct.12,2022 NIEETING DATE:Oct.24,2022 BACKGROUND:The applicant is --- requesting to rezone 51 west Street rrmn Z°"n D st’cts Residential,General,Two-Faxnily (RG)to Re R.-...-.12.."-..:.at-,.m.:.r.w..r......-Corninercial,Cieneral (co).This property is also related to the Future Land Use l\/lap change (COMP22—000l ). !cm (‘nIulIl¢'I'¢‘I'rlI,Prn?-xvi:-rial-(1.comm <'nII.I.iIuiIs-II ‘re C'unInu.'rz‘i(II,Grin-ralThepropertyisadjacenttocornmercialusesonthe east and north and is adjacent to residential uses on the west and south (across the street).The property is 100 feet wide by 100 feet deep. Generally,the eastern half‘is occupied by the building and storage vvhile the western halfis used for parking.Parking occurs on unpaved areas of the lot as wen as within the eity right—of—way, neither of which meets current parking lot standards.Similarly,the site does not meet current landscaping and buffer requirernents. As indicated in the staff report for the associated the Future Land Use l\/lap (FLUIVI)at ne nd rn en t (Con1p22—0OOl)this propeny has been used as Va ious eommeneial uses sinee 1982.S ho rtl y, the city initiated a large rezoning and change this property Frorn a connnercial zoning di st ri ct toa residential zoning district.One year later Cornlnission granted and use by excepti on forthe continuation ofthe cornrnercial use (automotive repair garage). The properties to the north and east is zoned courunercial and properties to the west southare zoned RG.The land uses reflect the associated zoning districts except For this property.Th e FLUIVI designations reflect the existing land uses and zoning districts except for this property. The associated FLUNI arnendment must be changed in order to grant the rezoning.Agenda Item #9.C.24 Oct 2022Page 93 of 117 Commercial __ 'UseResidential‘ Usei‘ D Comme rcial Use "‘i4.a»’.~,... Vlew looking west Agenda Item #9.C.24 Oct 2022Page 94 of 117 The Community Development Board heard this request along with the FLUIVI at the ir Sept emb er20"‘rneeting and did not recommend approval of the amendment the FLUIVI and re zo ni ng based .on “not meeting all of the required elements”. RECOMMENDATION:The City Cornrnission review and vote on Ordinance 90-22 -249 for REZN22-0002 to amendment the FLUIVI from RIVI toCIVJ. ATTACI-IIVIENTS:Ordinance No.90-22-249 Application CDB staff report CDB meeting minutes BUDGET:None REVIEVVED BY CITY IVIANAGER:ul——I Agenda Item #9.C.24 Oct 2022Page 95 of 117 ORDINANCE NO.90-22-249 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL,STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL,TWO—FAMILY (RG)TO COMMERCIAL, GENERAL (CG);PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that the change in zoning classi?cation enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land;protect and conserve the value of property;prevent the overcrowding of land;promote,protect and improve the health,safety,comfort,good order, appearance,convenience,and general welfare of the public;and implement the goals and objectives of the Comprehensive Plan;and WHEREAS,the lands subject to this change in zoning classi?cation were largely developed prior to signi?cant changes to the Land Development Regulations and the Of?cial Zoning Map;and WHEREAS,the Community Development Board held a duly noticed public hearing on September 20,2022,to consider this Ordinance,did not ?nd it to be consistent with the City’s Comprehensive Plan and voted to recommend that the City Commission deny this Ordinance;and WHEREAS,the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,and the City Commission ?nds as follows: a.This change in zoning district classi?cation has been fully considered after public hearings with legal notice duly published as required by law and has met the proceduralrequirements as set forth in Sections 24-51 and 24-62 of the Land Development Regulations. b.The proposed rezoning to Commercial,General (CG)is consistent with the Future Land c.All development within lands subject to this rezoning to Commercial,General (CG)and anyfuturedevelopmentshallbeconsistentwiththezoning,subdivision,Land DevelopmentRegulationsandotherapplicableprovisionsoftheAtlanticBeachCodeofOrdinancespriortoissuanceoflocalpermitsauthorizingconstructionorsitealteration.d.The zoning district classi?cation of Commercial,General (CG)is consistent andcompatiblewiththesurroundingdevelopmentandzoningdistricts.SECTION 2.Affected Properties.Pursuant to this change in zoning district designation procedure,Ordinance No.90-22-247 Agenda Item #9.C.24 Oct 2022Page 96 of 117 the zoning district classi?cation of those certain lands within the City of Atlantic Beach,as more particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed as Commercial,General (CG)from Residential,General,Two-family (RG).This reclassi?cation does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24,Land Development Regulations. SECTION 3.Zoning Map Revised.The Director of Planning and Community Development is hereby directed to revise the of?cial Zoning Map of the City of Atlantic Beach to re?ect the change in zoning classi?cation for those propertiesdescribed in Exhibit A from Residential,General,Two- family (RG)to Commercial,General (CG). SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5.Severability.If a Court of competent jurisdiction at any time ?nds any provision of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading this day of ,2022. PASSED by the City Commission on second and ?nal reading this ,2022. day of CITY OF ATLANTIC BEACH Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness:Brenna M.Durden,City AttorneyOrdinanceNo.90-22-247 Agenda Item #9.C.24 Oct 2022Page 97 of 117 The lands subject to this Ordinance No.90-22-249 changing their zoning district designation from Residential,General,Two—fa1nily(RG)to Cominercial,General (CG)shall be those Exhibit A described below. Address RE Number Legal Description 51 West 7"‘Street 170816-0005 LOTS 1AND 2,SECTION H,AS RECORDED IN PLAT BOOK 18,PAGE 34 OF THE CURRENT RECORDS OF DUVAL COUNTY,FLORIDA. Ordinance No.90-22-247 Agenda Item #9.C.24 Oct 2022Page 98 of 117 FUTURE LAND use MAP (FLUIVI)AMENDMENT ‘Foamy.-m»7aL osnceuseamycnyofAllanlleBeachF,LE ,, Community Development Department ___7800SeminoleRoadAtlantkBeach,FL 32233 (P)904-247-5 sou SMALL SCALE D EV E LO P SITE INFORMATION Aooaess 53 w 75h Streeg _clrv Atlantic Beach STATE FL ZIP CODE 32 5; SUBDIVISION Atlantic Beach See H (131 I 9 ELOCK It 2]LOT n 1.2”__ RE»170316-ODDS V PARCEL SIZE TOTAL ACREAGE 235 __ CURRENT FLUIIII DESIGNATION RM 7 ZONING CODE USD3 PROPOSED FLUM DESIGNATION COMMERCIAL l=LooD ZONE ___ APPLICANT INFORMATION NAME PHONE I:90+,-:_7o.qg_7g a Iietien , ADDRESS 51 w 7m Street CELL It 9D4—9I6-5699 _ CITY atlamzlcbaach STATE FL ZIP CODE 32233 |:|LEGAL AUTHORIZ ED AGENTEMIULBrIdget.Rey=s@cableni.com REQUEST FOR l=uTul1E LAND use MAP (FLUM)AMENDMENT:Appllcanrs are advised that approval or an amendmen t tomeFuture Land use Map does not eonsuruxe approval for Issuance Of any permn or Develepmem Order.use and de\l=lOprr|ent landsrelatedto rm;land use map amendment.N approved.and any zOn|ng enange shall be subject to eompllance with all appll eable localLand Developmenr Regulations,any State and Federal pen-ninlng requirements as wEII as Florida Building Code neaunre menrs forcaregoly "C"consuunlon. PROVIDE ALL OE THE FOLLOWING INFORMATION DESCRIPTION OF PROPOSED USE AND PROPOSED DEVELOPMENT Acrlvlrv {ALSO INCL LIDEANTICIPATED DEVELOPMENTAND ANY PHASING SCHEDUL E‘). This plunerly has a warehouse on I:and has slnee DI.IrthasIngand Is used as a corrlrrlzrclal amze. NUMBER OF WETLAND Acnes IDEN11FV ANY OTHER ENVIRONMENTALLV SENSITIVE LANDS.ANY LISTED on ENDANGERED SPECIES on HABITATS. IDENTIFY ALL Puauc AND PRIVAYE SERVICE PROVIDERS OF WATER.sEwETz.i=.[EcrI=llc.SOLID WASTE.ETC.FREV IDE ESTIMATES OF VIIATER.SEVVER AND SOLID WASTE DEMAND. 22 FUTURE LANEuse AMENDA/IENFSMALL07.05.2111 9 Agenda Item #9.C.24 Oct 2022Page 99 of 117 :STIM;\TEDiMl=Ai':r TO ADOPTED LEVEL OF SERVICE STANDAVRDSA5EsrABLl5l-iED BV THE i:APl1'AL IMFROVEM EF FECFIVE COMPREHENSIVE PLAN. N: |’SE LEM E NT ol=THE APPLICATION PACKAGE CHECKLIST ‘Additional inforrnatlon may be required,depending upon cireurnsxances url|que ro Individual appliear ion s 1.covan PAGE:identifying me project. 2.TABLE or CONTENTS include a lisr or all exhllairs and attachments. 2.STATEMENT:staiement addressing need and justification for reouesred arnendrnem. 4.Al=l>LlcA1-lclil:Thls form completed in it's entlrety. L|ST as ADJACENT PROPERTY owNEns AND ENVELOFES:A iisi of adjazerlt property owners within 300 feet ortheproperty cludlng name,mailing address and their real slate number (locared ar the Propeny Appraiser's recenr certlfladtaxrolls). include a legal slxe envelope addressed to each property owner on the list (do nor include a return addressl.envelope must contain prover postage.]'_h_g_qLd;Li(Sh§SnV§|D§£ §LQ?near 9.u_t.b§ ll:. 5.FROOF or owuansm Deed or certl?cate by lawyer or abstract or title company that veri?es record owner above. 7‘LETTER OF AUTHORIZATIO If the appllzant Is nD(the owner provide a letter of authorization f(orr\(he owneris)forapplicant to represent rhe owrler(sl far all purposes relaxed to Ihls application. SURVEY AND LEGAL DESCRIPTION:Current survey and legal description or property sought we be rezoned. 9.I.ocA1'loN IVIAP:General Iocarlon map with property subject to application cleavly Identi?ed. 1 D.SITE PLAN:site plan containing the following it applicable to 1 3. he proposed prolect (account for all land included). Number and types ofdwelllng units Type and square reer cf cornmereiai or industrial uses Any exlatlng structures and proposed use Any open space,powers and rezreatiorlal areas wetlands,streams,creeks.lakes or any orher water bcdles or Environmentally sensirive Lands Most reeenr aerial photograph of site and sur ounding lands Drainage and storm warer faclllues and orner infrastructure.including ingress and egress.in tern al access roadwa ys 1 1.nEclumED NUMBER 0:COPIE§:Orle (1)digilal <opy-additional paper copy is optional l2.APPLICATION FEE:5550.00 I Manraav calrrlrv 'ruA1'ALL INFORMATION PROVIDED IS comzscr slgnarure -3!Property ownertsl nr Authoriz ed Agent /,lan Tleljen s/24 /22 ’SIGNATURE oi=Al=i=l_ii:Al~lT PRINT on TYPE NAME DATE S|GNATURE cs APPLICANT (2)PRINT on TVPE NAME DATE Signed and sworn laerore me on this A4‘day of L U6'U ST Qcoa 3 by state of lan \'i'r;i—‘ievi lden(l?:atlcln veri?ed:FL D4L. Oath Sworn:ljves County 0‘ SHANNON MARROMMauryPuhllcasulnoiFluvldncornnri.-lan I an zoaaov My camrnia-ran Expirun LL i27.as.zwiuIl lo.and dry signature My Commission exnires _e 22 FUTURE LAND use AMEN Agenda Item #9.C.24 Oct 2022Page 100 of 117 Danielle LeighThompson RE#170753-0000 49 W 7"‘Street Atlantic Beach FL32233 Travis Ligon RE#170818-0000 66 W 7"‘Street Atlantic Beach FL32233 Christina Shafer RE#170818—0010 68 W 7"‘Street Atlantic Beach FL32233 Agenda Item #9.C.24 Oct 2022Page 101 of 117 E J This Vtrranty Deed Made this 1st day of November AD.2001 his wife 1565 Boyer Oaks Lane Jacksonville,Florida 32225 hereinafter called the grantor,to TIETJEN TECHNOLOGIES:INC. whose post office address is:51 w,71:11,street EI! by JAMES B.ADAMS,JR.and JEAN c.ADAMS,' !E Florida 3_2i_2§3,lAtlanticBeach, PURCHASE AND SALE AGREEMENT THIS AGREEMENT between JAMES B.ADAMS,JR.and JEAN C.ADAMS,his wife,Seller,and TIETJEN TECHNOLOGIES,INC.,a Florida Corporation,Purchaser. 1.SALE:Selleragrees to sellandPurchaseragrees to purchase the following describedreal estate,with its appurtenances,locatedin the County of Duval,State of Florida: Lots 1 and 2,Block 71,ATLANTIC BEACH,SECTION "H", according to plat thereof recorded in Plat Book 18,Page 34,of the current publicrecords of Duval County,Florida., a/lc/a 51 West 7th.Street,Atlantic Beach,Florida 32233 2.PURCHASE PRICE AND NIETHODOF PAYMENT:The purchase price is $125,000.00,payable to Seller as follows: a)$20,000.00 depositpaidupon execution of this Agreement by Purchaser. Thisdepositshall benon-refundableunlessSelleris not ableto deliver clear title.This deposit shall be applied to the purchase price. b)$105,000.00 at closing.Closing shall be held on or before November 1, 2001. 3.DEED:Seller agrees,on full payment of the purchase price inthe manner herein speci?ed,to make,execute,and deliver to Purchaser a good and sufficientWarranty Deed to the premises,free and clear of all liens and encumbrances. 4.CLOSING:Closing shall be heldat the o?ice of William G.Noe,Jr.,Esquire, 599 Atlantic Boulevard,Suite 6,AtlanticBeach,Florida 32233.Title Insurance shall be furnished by William G.Noe,Jr.,through Attorneys’Title Insurance Fund,Inc.At closing, Seller shall furnish satisfactory proof that Purchaser will not be obligated to withhold any of the purchaseprice under the Foreign Investment in Real Property Tax Act. 5.CLOSING COSTS:Seller will pay for a fee title insurance policy,stamps on the deed and the Closing Attorney fee.Purchasershall pay all other closing costs. property,including,but not limitedto,site plans,surveys,title reports,zoning information,soilreports,environmental studies,agreements/requirements with,among and betweengovernmentalauthoritiesconcemingthepropertywhichSellerhasinhispossession.ThesedocumentsshallbecomethepropertyofPurchaseratclosing.Agenda Item #9.C.24 Oct 2022Page 102 of 117 ‘W ‘V ”‘V A MiAi5*'si%T6%Ji”iiGVV'AA%%i6VAi)Nt5ARvVisOE9Ei7iT ”’ LoTLe"_f BLOCK 7/As SHOWN on MAP or £7 1rz4'vA/r/c 5 £—‘4cg_/__5.§g_-r/0A!A’ 3 As RECORDEDINPLAT BOOK /-9 PAGE 34 ___,W__,__A \\3 or THE CURRENTPUBUC RECORDS or DUVAL coumv FLORIDA‘*\{ §\.\ ‘“\f:V_;\*,E \ t (c 7‘Z 3 ‘6 ‘K 70 (1:7‘/\ I O0.00 ‘9-4' ,,W _____,_,___;,..,.Mm,_W _J‘/ l_y:‘?¢/»PD¢’N—v’‘E __" °‘.,.0° G},00“ 6 90 Z 0 7‘2 C:1 7'/ R ,‘TH '77:.'9 §‘'AM.' ‘Ana/7‘/9»-I "1 ''3g5s'4fn7¢-:3:/.9)’1%#3! R 5-wrap/IVO §,\ 'L .E 0 8 g 0_*/‘'5 \:3 "1 V 3 3%3 "3as*“A s ’,“ E "Z:46-a'r 5' U A .s_::\)_ Q _n ¢-—~r. Q 0.00 J ‘A ...,” 9 _9 _V‘ml.V /00.00’ I/Ve57‘5EvEA/7‘/—/577 so ww- aunt!lTIIIlVEYlA3FE7.%I‘TlHOlfT'|'|IEEFI?WA'l'l11£%1‘lAt1. L?HIRVI'VlI0'I'Vll.Ill?.E3£E§$?I!'I|lTIINl\EYUB 11$ BRADLEY LANDSURVEYOF!_LEGEND5274RAMONABOULEVARD.JACl§SON\’lL?-EFLORIDA32205 0 '°"'°””"°"""%?.§%‘#éE»E§?.%‘éi°o“%.“.3”§3.IE"“PiFFI’:0“;m_ll-EREBYCERTFY THATms sunvsv sH}$s\?nmsaamwAs MADEan M W"°'W’ACCORDANCEWITHTHE'MINIMUMTECHNICALSTQNDARB5"FOR I.l.L.Il?ll IIIYHITIBI ll!LQW SUN YINGIN H STATE _FLORf0A._23:NH ,5.F.A.£.F"‘non’%/4%ant.nnncuez H mm''*7 ..-av.nun 9 scumL.D.BRADLEY [AND SURVEY DATE;5.g¢9._g/"3."mu;¢guyFLORIDAREWSTRATION#I390 SCALEE /":?0'DIN!I III‘!,--—?0.R_1;H601:7-91 1-16.PAGE Agenda Item #9.C.24 Oct 2022Page 103 of 117 JHIIJ xA1\§H 5 MAP SHOWING BOUNDARY SURVEY L LOT L‘;BLOCK_7L_..AS SHOWN owMAP OF \ 7z.’J/V7‘/C‘.5 EACH 5 égrz 04/H ‘%L;\L g As RECORDEDINPLAT BOOK /6 PAGE 34 {\3 g or THE CURRENT PUBLIC RECORDS or DUVAL COUNTY FLORIDA’-\«-\_., XA \\"‘?‘—1 la 7"2 5 C B cg 70 C 9 T /l \ I 00-0?/o.4‘ £_y.-auaepauvjif M ‘'7 7 W ‘I E ‘Be 0 —a.I Z..0 ‘Q:oD°e.,99 C 0 7-Z d a 7-/ .:_b"u-1:’_[kmIAnni}/9N \\ "1 D 6 Q /«57-K Q “ _/v/gag/~/1?)’'7) R N 54/I10//V5 \ '*Q -.Q30\U Q ,_J ‘-:&_\LE °1 I u‘.N"1 "3 vx 31 V.as E R Q IS' 2,‘1E.'-£5’__?r.‘¢.a.g‘:5' E.' 9';>,-FK‘-I-Ir.-.'1’:VI’: Q 0.00 W "“',_,L-L .,-_,:Z.',,‘:n Hi . W ?'.3;?.4% 3 __L \ 4'W. -ym°°*’;":45. /00.00’ K/5-57 SEVEMTH 57:5o‘,q-y./' LEGENDanunurmenInjoInnryoun-EImumcaunu:nuI.nuu1 (4.4)couch!!!mm or ina,n.L.Iuusm nznunlou LIIIvonvRtlblllclmunAvuau:‘.0.BRADLEYA LANDSURVEYOP.5274 RAMONABOULEVARD,JACKSONVILLEFORlDA2205TSCALEDFROMCOMMUNITYPANEL9__1.=..:5 we 9 71'0-nssrre LIES IN FLOOD ZONE xHEREBYCERTIFYTHATTHESURVEYHERENWASHADE3.‘!ACCORDANCEWITHTHE'MNIMUMTECHNICAL5T.?N~.')ARD3 "FORLANDSTATEFLORIDA:2}:H4 6.F.A.C.''QL.D.BRADLEY CANDSURVEYFLORIDAREGISTRATIONt1360 DATE:€«?¢9«.7/SCALE /’’:?0’,,1450:.7-91 'F..‘‘Agenda Item #9.C.24 Oct 2022Page 104 of 117 """942 I‘!Hun-urnml In Maul:CI Amxxlonn 3" Wm., H ..-.9 a mun P -..:.:..s -49,,” um Heslllc3554:.an emu .v,.,,_, ..m..-=9 51 -.-.m.2;mu-.u.lesr?.=L:2=xa -w«—««wr- ¢‘*>u...,5 5 :1-41>“ 99 u:::x.-:::.=n:"'-'~-"--‘'~-»-..,.,_\ 6"* ‘O..,,a 'E mm.c»,‘9 >4 -.....,m...M...._..-.Agenda Item #9.C.24 Oct 2022Page 105 of 117 Agenda Item #9.C.24 Oct 2022Page 106 of 117 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEIVI 4.E CASE NO.C()lVIl’22—U00l AND REZN22—0002 Reque.vlfbr (I Fmm-e Land use /\/[up (FLLJ/V0 ulnenrl/ne/1!m L"/1 ( II1g e 1/re,/ mm-elandusetlesiglullion_/5-0111 Reririmmal /Pier/ilun Den,t'I'I_)r (RM)I v com merci al(CA4)and u oning mnp (IInen(IrneI1l II)L‘/7(:I1ge I/1e zoning _/ i~ om Re.s'i(/ eI7li(II,Cientzrcll,7'im.1-‘mm-/y (RG)(0 (:rmrmercm/,Cienerul (ca). L()CA'l‘I()N 51 VVest 7"‘Street (Lots 1,2 Blk 71 Section II) APPLICANT Ian 'l"ieIjen DATE Scptenlber 13,2022 STAFF BI‘i£IlI Broedell,P ncipal Planner STAFF COIVINIENTS REQUEST:The applicant is requesting to change the Future land use map and zoning map designation of sl West 7'“street n-om residential lo cotnrnercial. Currently,the pt-operty’s future land use is designated as Residential Medium Density (RM)and it is zoned Residential,General,'l‘wo<Fan-lily (RG).The request is to change the Future land use designation to Commercial '‘nm..,...,..,,,,_(,-‘.,,,.,,,, (CM)and the zoning to Commercial.General (CG). .l'rn]'t'».slunuI ('orunu*r:'lnl.1.lmin-rl HISTORY:The property was developed around 1932 as an automotive repa garage.At that time,the property was zoned “Business B"which perrnitted autoinclive repa In 1985,this property was rezoned to residential as patt ofa mass rezoning ofthe area.A use by exception was granted by the City Commission in 1986 to allow the continuation ofthe automotive repair garage (only as auto repair).It remained as an auto repair garage until the lnid—l 990s when Tieljen Technologies began operating from [his property and has cont inue d todoso. T|I\/IELINE 1982 1985 1586 YVHEI-19905 ZOIZZIlII Auto repair savage buill Rezonud In comm siun approval to :l 0 ~~esi en is can inue an a re ai Tietleri Yechnoleglas ______Alzr-ed Buslrlqsslaj r :4 r l l t p r “Fergus [mm wnuny -.1‘Agenda Item #9.C.24 Oct 2022Page 107 of 117 CURRENT CONDl’l'l()NS: The property is owned by Tietjen Technologies,Inc.According to their website,they perf orm structure dcabling,?beroptics,CCTV.and building autornatiorl. The property is adjzlcenl lo commer al uses on the east and north and is adjacent to resi dent ial useson the West 2|south (across the street).T|1e property is I00 feel wide by 100 feel deep.G ener all y, the eastern half s occupied by the building and storage while the western half is used for p a r k i n g . Parking occurs on t Ipaved areas ofthe lot as well as within the cily rigl-lt—of‘»way,neither ofwhich rneel s current parking lot standards.similarly,the site does not meet current landscaping and buffer req uire lnen ts.Commercial Residential Use 4 Use rs‘. Residential Use Page 2 or 5 Agenda Item #9.C.24 Oct 2022Page 108 of 117 ANALYSIS 8;REVIEVV Per Section 24—62(c)(2)of‘[he Land Developlnenl Code,the Comm )1 De eloplnent Boardshall "indicate the relatianslrrp of the proposed razor to the am eltens ve Plan the tyandprovide Rele vant andajinding/I-tat /he requested change in zoning I. applicable language ?'orn the City‘:Cornprehensive Plan is listed below. Page 3 of5 Agenda Item #9.C.24 Oct 2022Page 109 of 117 Policy A.l.s.r.commercial and light industrial de\'cI)pn1cnl shall be located and desi gne d soasto lninilnize adverse errects on residential areas.tral‘e rat.lilies and the aesthetic character City. Policy A 10.4 The ("ty shall actively support the appropriate redevelopment and inlill or the Mayport Road eouidor.Retail and set ce uses that sustain neighborhoods.and encoura ge amore aesthetically pleasing and pedest ian rriendly environment shall be encouraged.New devel opme nt along l\/IE!)/])L)l‘l Road shall he in conlpliance vvith thc Conunercial Corridor l3eveIopn1en|Standards assetfol‘t|1 Within the Land Development Regulations. Policy A.l.Il).5 Along the Mayport Road corridor.the continuation and pl'oIiFcration or li g h t industrial uses.automotive sales and repair businesses and other more intensive commercial bu ness ac ti vi ti es shall be discouraged in favor or those businesses and uses that provide neighborhood seiving ietail products and services that generate daily activity and interaction between residents of t he surro undin gneighborhoodssuchasbanks.drugstores,restaurants.churches.child care centers,grocery storesand silnilar businesses and uses‘ Policy A.l.l l.l (b)Cornlnercial —The Con1n1cl'cial land use Cate or is intended to locations for Government,civ _religious.cultural and institutiona l uses,may also be located within this category.l>el'l11itled l s vvithln the Cornmercial category.along withusesthat may be allowed by special exception,shall be nited to the follovving and as more speci?cally desclbed within the Land Development Regulations and when located within the respective District classi?cation s,which are intended to provide a decreasing level of use intensity due prox imit y to residential uses. (3enel'aI Colnlnercizll.These areas shall include those .llesidential uses,not exceeding thel'\/le Density category shall also be permitted,when in CO]iunction with,or adjacent tocolnrn ercialdevelopmentandredevelopment,provided that such residential development shall no t bepermitted vvithin the Coastal High liazard Area. Further,in considering a FLIJIVI alnendrnent application,Policy A.l .3.l of the Cornprehensivc Planstates that the City shall Find that each of the Following eondi ions are demonstrated by the ap pli ca nt seeking said amendment. a)There are adequate public racilities available to the proposed development. b)The proposed colnmercial or industi ial development shall not have adverse impacts tosurrou ndingneighborhoods,other properties,the natural environment,the aesthetic qualities theCityand shall not ilnpair or degrade seenic natural views. c)There is a demonstrated dc?c'ency of commercial ol-indust al lands within the toservethe needs of residents of the City for such uses. Additionally,Policy /\,l .13.4 states that applications to amend the comprehensive Plan sh al l bereviewed and evaluated based upon the following factors: Page 4 of‘5 Agenda Item #9.C.24 Oct 2022Page 110 of 117 (a)Consistency with the Goals,Objectives and Policies of this Plan; (b)Consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c)Consistency with other adopted policies and plans of the City,the County,the State or other agencies having regulatory authority over the City; (d)The potential for adverse impacts to Environmentally Sensitive Areas,the natural environment or the aestheticqualityof the City, (e)The potentialto cause deficiencies in adopted levels of service or to adversely impact available water supplies,public facilities,infrastructure and services. REQUIRED ACTION The Community Development Board shall make a recommendationfor approval,approvalwith conditions,or denial ofthis application. The City Commission will then review the recommendation and hold two public hearings to consider the request.These two hearings are scheduled for October 24”‘and November 14”‘. Following these public hearings,the city commission,by ordinance,may amend the zoning and future land use map designation of said property,or it may deny the request.In the case of denial,the city commission shall thereafter take no further action on another applicationfor substantially the same proposal,on the same property,until after three hundred sixty-five (365)days from the date of the denial. Page 5 of 5 Agenda Item #9.C.24 Oct 2022Page 111 of 117 Presen l\/IIIVUTES Cnlnlnunity Developnnent Board (CDB)Meeting Tuesday,Septelnbcr 20,2022 —6:00 PIVI Cum:ission Chamber Jennifer Lagner,Member Kirk Hansen,CD13 chair Jaxnes lvloyer,l\/lcn1her Jerr Haynic,Morn hei- Ellen Gololnbck.Member Absenlz Linda Lanier.l\/lernbcr Sylvia Silnlnons,]\/lelnher Brenna Durden.City Atlol'ncy (CA) Amanda Askew,Planning and Comlntlnity Developvnenl D ir ec to r (PCDD) Valerie Jones.Recording Clerk Abrielle Genest,Planner Also Prose 1.CALL TO onnxzn AND ROLL CALL 2.APPROVAL 0:‘MINUTES A.Approve rninutes or me Allgust us,2022 regular nleeting or th e communi tyDeveloplnenlBoard. 3.OLD BUSINESS 'l‘here was no old business. 4.NEVV BUSINESS A.1858 Beachside Court ZVAR22—0012 (leffrey Ritter) Request for :1 variance to reduce the minimum rear yard set bac k tobuilda motorized pergola at 1 858 Beachside Court. STAFF REPORT:Planner Genest presenled lhe inforlnalion as expl aine d inthestaff report.She explained that the applicant received a variance several agobutis seeking a differenl footprint.lherefore,a new variance request is r e q u ir e d . Shealso provided a PowerPoint presentation. APPLICANT REPORT:Suzanne Kitten’explained that they were p r e v i o u s l y goingto do an awning style of pergola and now she found this product that mo tori zed . She said it will allow them to shut the louvers when it rains and open them forlight. (lunllnunily Dlr velnplllenl uauiru(run) Seplernhcr20.2022 Page1or6 Agenda Item #9.C.24 Oct 2022Page 112 of 117 Ms.Golombek asked ifthere will be drainage from the pergola.Ms.Ritter said that it has a gutter system and french drains.Mr.Haynie asked what ground were used by the Board to approve that previous variance. PUBLIC COMMENT:Chair Hansen opened the floor to publiccomment.There were no public comments. BOARD DISCUSSION:There was no further discussion. MOTION:To APPROVE ZVAR22-0012 based on grounds for decision#5 (Irregular shape of the property warranting specialconsideration). Motion:JeffHaynie Second:JenniferLagner JenniferLagner (Seconded By)For Kirk Hansen For James Moyer For JeffHaynie (Moved By)For Ellen Golombek For Motion passed 5 to 0. B.94 West 13th Street ZVAR22-0014 (Peter Havens) Request for a variance to exceed the maximum shed height for an existing unpermitted shed. STAFF REPORT:Director Askew presented the information as explainedin the staff report.She explainedthat a stop work order was issued for an unpermitted shed.The applicant submitted a second building permit that met code and was approvedby staff. However the shed was not built matching the approved permit.She also provided a PowerPoint presentation. Mr.Haynie questioned how the permit application was approved.Director Askew explainedthat Staff goes off of the information on the building permit applicationwhich in this case said that the shed wouldn't be over 12 feet in height. APPLICANT REPORT:Peter Havens explainedthat he purchased the shed on an on- line source.He saidthe shed was already built and moved to his yard.Mr.Havens said anchor it on lower blocks.Mr.Havens said the contractor told him it was under the 12feetheight.Community Development Board (CDB)September 20,2022Page2of 6 Agenda Item #9.C.24 Oct 2022Page 113 of 117 Mr.Moyer asked ifthe contractor mentioned getting a permit.Mr.Havens said he did not.Ms.Lagner asked if the shed was already constructed.Mr.Havens explainedit was moved from anotherproperty where the seller needed to have it removed. PUBLIC COMMENT:Chair Hansen openedthe ?oor to public comment.He said he did have a letter from a resident from Mr.Haven's neighborhood.There were no public comments. BOARD DISCUSSION:Mr.Haynie spoke in favor of the variance.Ms.Golombek was concerned that they might be operating on the premise that it's better to ask for forgiveness than permission.She said the permitwas approved for 12 feet and the shed is 13 feet 4 inches.Chair Hansen said he didn't want to get in a habit of approving something that wouldn't have been approved in the first place just because it's already done. MOTION:To DENY ZVAR22-0014 due to not meeting any of the 6 grounds for approval. Motion:Ellen Golombek Second:James Moyer JenniferLagner For Kirk Hansen For James Moyer (Seconded By)For Je_f_”fHaynie For Ellen Golombek (Moved By)For Motion passed 5 to 0. C.720 Bonita Road ZVAR22-0015 (Paul West) Request for a variance to the platted Building Restriction Line (BRL)at 720 Bonita Road. STAFF REPORT:Planner Genest presented the information as explained in the staff report.She also provided a PowerPointpresentation. APPLICANT REPORT:Paul West was representingthe homeowner as the builder. He said that the architect had called the city and was told the setback was 20 feet.Mr. West gave the Board a copy of the elevation.He said that the homeowner had 2 children and his family was outgrowing the home. Board has encountered similar requests.He explained that 10-15 years ago the CityCommissionwantedtochangetheBRLfrom25feetto20feetbutdeemedittoodifficulttodoso.Chair Hansen said he doesn't see any difference with this request than what haspreviouslybeenapproved.Ms.Golombek asked if this BRL could be permanentlychangeelectronically.Ms.Durden saidthat it would have all the property owners (500+)signatures and any mortgage holders signatures.She explainedthat this was looked intoCommunityDevelopmentBoard(CDB)September 20,2022Page3of6 Agenda Item #9.C.24 Oct 2022Page 114 of 117 a couple years ago and you would have to contact several hundred homeowners and their lenders. Dayne Jef?ies introduced himself as the homeowner.He said he was born and raised in Atlantic Beach.Mr.Jeffries explainedhow they were outgrowing the home.He said he has signatures from his neighbors in suppoit of the approval of the request. PUBLIC COMMENT:Chair Hansen openedthe floor to public comment.There were no public comments. BOARD DISCUSSION:Ms.Golombek said she would really like to see the City address this and fix it for the future. MOTION:To APPROVE ZVAR22-0015 based on grounds for decision #4 (Onerous effect of regulations enacted after platting or after development of the propeity or after construction of improvementupon the property). Motion:JenniferLagner Second:Ellen Golombek JenniferLagner (Moved By)For Kirk Hansen For James Moyer For JeffHayn ie For Ellen Golombek (Seconded By)For Motion passed 5 to 0. D.60 Ocean Boulevard UBEX22-0007 (Salumeria 104) Request for a use-by-exception to allow on-premises consumption ofalcoholic beverages within the Central Business District (CBD)zoning district at 60 Ocean Boulevard. STAFF REPORT:Director Askew presentedthe information as explained in the staff report.She also provided a PowerPoint presentation. APPLICANT REPORT:Graziano Sbroggio introduced himself and his partners.He said they are a Miami based group establishing a restaurant in Atlantic Beach.Mr. Sbroggio said the restaurant is being remodeled and updated.He said they hope to open SOO1’l. no public comments.BOARD DISCUSSION:There was no further discussion.Community Development Board (CDB)September 20,2022Page4of 6 Agenda Item #9.C.24 Oct 2022Page 115 of 117 IUOTION:To APPROVE UBEX22-0007 to allow on—premisesconsumption of alcoholic beverages within the Central Business District (CBD)zoning district. Motion:James Moyer Second:JeffHaynie James Moyer (Moved By)For JeffHaynie (Seconded By)For JenmferLagner For Kirk Hansen For Ellen Golombek For Motion passed 5 to 0. E.51 West 7th Street REZN22-0002 and COMP22-0001 (Ian Tietjen) Request for a rezoning to change the zoning district FROM Residential,General, Two-Family (RG)T0 Commercial,General (CG).Also,a request for a Future Land Use Map (FLUM)amendment to change the future land use designation FROM Residential Medium Density (RM)T0 Commercial (CM). STAFF REPORT:Director Askew presentedthe information as explainedin the staff report.She explained the property has been used as commercial since the 1980's and they are seeking the FLUM and rezoning to make the use conforming.Director Askew also provideda PowerPoint presentation. APPLICANT REPORT:The applicantexplainedthat they have been at the location since around 2003.He saidthey do all of their work off-site andthe business is an of?ce, storage of materials and vehicles.The applicant said they don't plan to make any changes. PUBLIC COMMENT:Chair Hansen openedthe ?oor to public comment.There were no public comments. BOARD DISCUSSION:Ms.Lagner spoke infavor of approval.Ms.Golombek asked about applying a condition with the landscaping.Mr.Haynie said he looked at the ComprehensivePlan and understoodthat it stateda desire to avoid this type of use.Chair Hansen said the property was a cut-out in the middle of mostly commercial uses and come residential.Director Askew explainedthat a change to another use would trigger a need to bring everything up to Code.She said the current business could operate as it is because the City sees it as non-conforming.Ms.Durden told the Board that it is not to add conditionsto a rezoning approval.She said the applicantcan voluntarily MOTION:Recommend to the City Commissionto DENY REZN22-0002 and COMP22-0001.The motion is based on not meeting all of the required elements.Motion:JeffHaynieSecond:Ellen Golombek Community Development Board (CDB)September 20,2022Page5of6 Agenda Item #9.C.24 Oct 2022Page 116 of 117 JenniferLagner Against Kirk Hansen Against James Moyer For JejfHaynie (Moved By)For Ellen Golombek (Seconded By)For Motion passed 3 to 2. 5.REPORTS There were no reports. 6.PUBLIC COMMENT There were no public comments. 7.ADJOURNMENT There being no further discussion,Chair Hansen declared the meeting adjourned at 7:15 p.m. Attest: Amanda Askew Kirk Hansen,Chair Community Development Board (CDB)September 20,2022Page6of 6 Agenda Item #9.C.24 Oct 2022Page 117 of 117