Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10-24-22 Amended Agenda
City of Atlantic Beach Amended 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 1.A. Approve minutes of the Budget Workshop held on August 22, 2022. 5 - 7 08-22-22 Draft Budget Workshop 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 9-32 PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Nov. 2022 - Jan. 2023) 90 -Day Calendar (November 2022 - January 2023) 3.B. Selva Lakes Easement Greenwav Easement Agreement 3.C. Utilities - Donner Road Donner Road Improvements 3.D. Proposed Property Exchange - Singleton's Mobile Home Park Singleton's Mobile Home Park 3.E. 2022 Priorities Update 33 - 36 37-41 43-52 53-60 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. Page 1 of 142 Regular City Commission - 24 Oct 2022 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS 7.A. Reports from the Cultural Arts and Recreation Advisory Committee and the Cultural Arts and Recreation Department. CARAC Report 61-70 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 22-73 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE OVERARCHING GOALS OF THE 2050 SUSTAINABILITY AND RESILIENCY COMMUNITY ACTION PLAN AS RECOMMENDED BY THE ENVIRONMENTAL STEWARDSHIP COMMITTEE; SUBMITTING THE PLAN (EXHIBIT A) TO THE CITY COMMISSION AND CITY MANAGER FOR YEARLY AND ONGOING MULTIDISCLINARY REVIEW; DESIGNATING THE CITY MANAGER TO ADMINISTER COMMISSION PRIORITIES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Link to Community Action Plan (Exhibit A) Resolution No. 22-73 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 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 71-76 77 - 79 81-82 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 95-22-122, Public Hearin? 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 1, — IN GENERAL; ADDING NEW SECTION 5-9 PROHIBITING SMOKING IN CITY PARKS AND BEACHES; ADDING NEW SECTION 5-10 PROVIDING 83 - 86 Page 2 of 142 Regular City Commission - 24 Oct 2022 FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 95-22-122 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 DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO COMMERCIAL (CM); PROVIDING FOR FINDINGS; PROVIDING FOR EFFECTIVE DATE OF PLAN AMENDMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR DISCLAIMER; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 90-22-248 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; PROVIDING FOR CONTINGENCY; PROVIDING FOR DISCLAIMER; AND PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. Ordinance No. 90-22-249 87 - 115 117 - 142 10. MISCELLANEOUS BUSINESS None. 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. Page 3 of 142 Regular City Commission - 24 Oct 2022 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 4 of 142 ATTENDANCE: Present: Absent: Also Present: MINUTES Budget Workshop Meeting Monday, August 22, 2022 - 5:00 PM Commission Chamber Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 Michael Waters, Commissioner - Seat 3 Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) CALL TO ORDER Mayor Glasser called the meeting to order at 5:00 p.m. 1. PUBLIC COMMENT There were no public comments. V Agenda Item #1.A. 24 Oct 2022 2. FY 2022-2023 BUDGET TOPICS Finance Director (FD) Melissa Burns presented the slide show titled, Fiscal Year 2022-23 Budget Commission Workshop #3, (which is attached to the agenda packet) while she explained each of the following budget topics. A. Overview CM Corbin provided an overview of the previous budget workshops and an outline for the current meeting. FD Melissa Burns provided an overview of the entire budget, highlighting a decrease of 1.48%. She reviewed the budget by fund and type and spoke about Ad Valorem Taxes and the voting requirements for each millage rate. Mayor Glasser asked for clarification regarding the votes needed for various levels of millage. FD Burns confirmed the requirements shown in the chart. Mayor Glasser asked that the requirements be further verified and reported back. CA Durden suggested that they provide the confirming information in writing. CM Corbin requested that FD Burns provide the (TRIM) form and Statute. Budget Workshop August 22, 2022 Page 1 of 3 Page 5 of 142 Agenda Item #1.A. 24 Oct 2022 B. Public Utilities FD Burns presented an overview of the Public Utilities budget, mentioning an increase of 2.4%. She reviewed funds and capital projects. Mayor Glasser asked about the projects being carried out from last fiscal year and if it inflates the next fiscal year's budget. FD Burns and CM Corbin explained the process of encumbered funds and carried -over funds. Public Utilities (PU) Director Troy Stephens spoke about carried -over projects and funding for the projects. Commissioner Norris asked about the status of the projects, and (PU) Director Stephens responded most of the jobs have already been started, and the delays are due to external holdups. C. Remaining General Fund Departments FD Burns reviewed the budgets for other departments and the General Fund. Commissioner Bole asked about reducing the budget for the Lifeguards. FD Burns responded that extra money for the lifeguard station was removed from the budget. Mayor Glasser asked about the intergovernmental flow of funds from the interlocal agreement for the lifeguards and what percentage is paid by that fund. FD Burns confirmed a reimbursement is received annually from COJ. IL Air Commissioner Kelly asked for more information regarding the additional $20,000 recruiting efforts for Human Resources. CM Corbin spoke about the difficulties with recruiting and explained the additional funds would allow for more aggressive advertising to assist with recruiting for all positions within the City. 3. CITY COMMISSION COMMENTS/QUESTIONS Commissioner Bole asked about a prioritized list of items that could be excluded from the budget by reducing the millage rate resulting in cutting $300,000 from the budget. CM Corbin explained the current budget was cut since it was last presented to the Commission. He mentioned additional capital projects would be cut from the general fund, most likely from Public Works. Mayor Glasser explained she would not want to cut anything from the Police budget and asked what percentage of the budget is Public Safety. FD Burns answered Public Safety is approximately 14% of the general budget. FD Burns explained that by cutting the budget, she removed the additional cars from the Police Department because the department is not fully staffed. FD Burns and CM Corbin explained different ways the budget was adjusted to cut $300,000. Mayor Glasser spoke about additional possible revenue sources and explained not much revenue is returned at the City level from taxes. She suggested the future Commission Budget Workshop August 22, 2022 Page 2 of 3 Page 6 of 142 Attest: Agenda Item #1.A. 24 Oct 2022 focus on the equity received from the interlocal agreements, which is currently at 18% per dollar. ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 5:37 p.m. Donna L. Bartle, City Clerk Ellen Glasser, Mayor Date Approved: '%,,,,gelY._ 4:- NN' Budget Workshop August 22, 2022 Page 3 of 3 Page 7 of 142 Page 8 of 142 11111MANNWAINIIMEWIFIAMIIMMINIFI 411 I Ili A• viustimmier �'Il�i� a �IrCit 1 City of Atlantic Beach Transportation Options Charles D. Frazier -SVP/Chief Operating Officer September 26, 2022 Z17T JO OT abed v. 1. Jacksonville Transportation Authority 04 2. Transit Operations -Pandemic Recovery 3. MOVE2027 Strategic Plan 4. Transportation Options —City of Atlantic Beach 5. Questions & Answers 0_ Z17T JO TT abed 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 • 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 11 • 10 Complete Streets Projects • New Ferry Boat • Emerald Trail • Ultimate Urban Circulator (U2C) A sourNwesr JAei(SONYII. tE an Field Ilife and: nmental Area oA 1EAI PLANTATION [ Mk:C[J8R- Ecarngrcar and Histarkar Preserve 1, 0 0 ii ul(F. DPr 1 Atlantic Bea i_'AF AO11E S Neptune Be -=Jacks vi Beach ponte 1 se7a =QM‘111111.t APGYLE Belleir-MeadowbraoI Terrace 4q Grange Park 21 Lakeside QIANDAPIN Palm V Z17T JO ZT abed 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 GoTuk'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 a,ak, LnrHacr or Wherehouse Z 1: -- Pritchard inn Ai Highlands PurryLin "-Ta asi HJlrwak kFiM Sue Part Black ttr nn.c t sire 11, tortiiside �x:r gr 1 Talleyrand Arlington ter' ,.-.0nVI i rrodldstdck � 1r.1111401 Soutis_ide W° -"'.."';‘,"-'71" AirUniversity 1 Wheat Road _ n..iun at Oakleaf 4 • . 'Illandarin Tmucuan and 1.11.:blc key Pre.r.e .ppb °` 1 � 1 1 Y B1{,t• e;.rcic I - - ' Sr Jehn, 1--`--- t Frurl Coen ay oumy 1 � :crave r.1,013s Southeast -Beaches Pace Gryak . Pwannr 7 Ponle Vedra / Ne Wire ezaeh Isco wile each Pante Vedra Beach 3 1 Qtki Agenda Item #2.A. 24 Oct 2022 Page 13 of 142 Z17T JO VT @2ed Fixed Route Ridership YTD Average Weekday Ridership - 16,438 FY2019 Average Weekday Ridership - 31,102 600,000 500,000 400,000 300,000 200,000 100,000 • FY21 • FY22 Oct 449,149 430,791 Fixed Route: Ridership Statistics Total Monthly Ridership 9/02/22 Ridership - 20,093 Highest ridership day since start of Covid 11111111111111111111 11 Nov Dec Jan Feb Mar Apr May Jun Jul Aug 417,433 425,702 414,160 391,337 454,717 440,577 417,931 402,733 401,459 414,946 415,909 411,248 385,652 383,365 427,907 427,380 447,440 440,344 433,452 487,945 ■ FY21 ■ FY22 June 9.3% Increase July 8.0/ Increase August 17.6% Increase Z17T JO ST abed J Connexior Ridership FY22 Average Weekday Ridership — 798 10,000 5,000 • FY21 • FY22 Connexion: Ridership Statistics Pre-Covid Average Weekday Ridership — 1,200 Total Monthly Ridership Oct Nov Dec Jan Fey Mar Apr May Jun Jul Aug ■ FY21 ■ FY22 June 3.1% Increase July 1.0% Decrease August 14.3% 0'0 CD Increase NCL C A '+ Or° 4t N N D Z17T JO 9T abed L'ISTr7g1a �, i= Z17T JO LT abed 'S'�e§'�.m'�•.+'fit �' ReadiRid( Ridership FY22 Average Weekday Ridership — 82 2,500 ReadiRide: Ridership Statistics Total Monthly Ridership FY19 Average Weekday Ridership — 70 2,000 1,500 1,000 500 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 ■ FY21 ■ FY22 June 93.7 Increase July 114.2% Increase August 113% Increase Agenda Item #2.A. 24 Oct 2022 Page 18 of 142 ZtiT JO 6T abed Recruitment & Retention —Fixed Route Transit Agencies Across The Ar •r... . - An • IRBAN MILWAUKEE Gam Valuable Ins.ghts To Improve Customer & Mal Employee Seesteetlen. Sort Teeleyl MCTS Struggles With Bus Driver Shortage umNetSW Transit Systems Struggle To Find Enough Bus Drivers 610-. ,...yrilatursiradrers uario wee WI. I% • . lY.areq�. War.q.W'T"' ne...s a Han l...w..,. u.p. wn. ¢+.✓✓..w.•n.p nar..ar iM' red. box. Al. sr 6bin iI t$!dasiss..w ro+mas nv r.A. ma* Pm 1 .a aaheal•. P..rmum ria..w m. aPew pro�e MCTS 2,400 Hours Of Service Hours Does Not Occur Because Transit System Didn't Have Enough Operators AUGUST 24 oreeweir. .... Yew pammamasam ileimUmalmammlaa The San Diego Metropolitan Transit System Cuts Its Bus Trips By About 8% uansir agec1e5 rur Sarre, e 4 ss slue roam,. roar >,.tosararVar. la V.a,.aNI. nwa Ola.nall, 11 VA,• .J. ....n. . d.<,.m•en s....er,.ra .r.,.r.... o.n. ra traria, rum.... r .e,. on....+ . . ra.e+w•m.es:r .unmu Pm�a•..umni own, arla .....,,�. w.. STI-PS Metro Cuts Because of Driver Shortage arta.= <.rea More Metro bus service cuts planned Monday as driver shortage continues a Caped Area Transit. nt&Mrantir reduce service clue w emplayee shortages ahhh 9V,w..,,,LtataNeleads :e PARTSatan.t+nannri•dut.1y....,ntd.enrba aDo tD N OM n 2 N N N N. J � Recruitment & Retention —Fixed Route JTA Recruitment Success o Current Operator Headcount: 302 o Number of Operators Required for Service 307 o Current Operator Trainees Headcount : 41 Z17T JO OZ abed Z17T JO TZ abed Recruitment & Retention Summary 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, ReadiRidel • Recruitment efforts have been successful and service quality is stable • No requirement for Commercial Driver License and a more attractive work schedule Agenda Item #2.A. 24 Oct 2022 Page 22 of 142 MOVE2027 Z17T JO EZ abed • �' TEAMWORKS Qn' TRANSITWORKS SA 1'20 NYS Mobility Optimization Through Vision & Excellence 2 MOBILITYWORKS A`*'* CUSTOMERWORKS at REGIONALWORKS INNOVATIONWORKS - 0,� COMMUNITYWORKS develop a stronger and more resilient organization prepared to meet any challenges ahead, create a more convenient, nimble, and responsive transit network. Integrated mobility services provide the JTA's customers with affordable, efficient, and equitable travel options to make complete trips. build out multi -modal infrastructure for a safer and more resilient region. improve the customer experience and make the JTA the regional integrator of mobility services. establish a seamless transportation network across Northeast Florida. # further its leadership in innovative and clean mobility solutions. leverage its resources and relationships with partners to strengthen the region. Agenda Item #2.A. 24 Oct 2022 Page 24 of 142 ZtiT JO SZ aged Transportation Services -City of Atlantic Beach JTA JTA JTA JTA JTA JTA Beach Buggy O Route 10 Route 24 Mayport ReadiRide Beaches ReadiRide Connexion Connexion PLUS No $1.75* Atlantic Blvd No $1.75* Mayport Rd No $2.00 Atlantic Blvd north to Mayport No Yes Yes Beach Buggy** No Beaches Council on Dial a Ride** Aging Hartfelt Hartfelt Ministries Transportation Yes* $2.00 $3.00 $5.00 Free �5.oa Donation Yes* Free Atlantic Blvd south to JTB ADA Service (See Map} ADA Service (See Map} Atlantic Blvd north to Donner RdfLinkside Dr/Country Club Ln, west to Atlantic Village shopping center, east to the Beach Covers all 4 beach communities (AB, NB, JB, PVB) from Mayportto Ponte Vedra and the Mayo Clinic 32202, 32204, 32205, 32205, 32207, 32209, 32211, 32215, 32217, 3221g, 32223, 32224, 32225, 32233, 32245, 32250, 32256, 32257, 32258, 32259, 32277 icc 41. 30 Minutes 60 Minutes 60 Minutes 60 Minutes 6am-7pm Gam-7pm bam-7pm 4am-Midnight 5:30am-11:30pm spm -Midnight (Thursday & Friday only) ga m -4p m Gam-7pm Gam-7pm 5am-Midnight 5:30am-10pm Zlam- Midnight Limited service c tti titsi-ce 44* csb 50 Minutes 60 Minutes Not Available Not Available 5am-11pm 5:30am- 10pm N/A Yes *Free for Connexion Passengers N/A Yes *Free for Connexion Passengers 2 hours Yes 2 hours 1 day 2 hour Yes Yes *Disability Yes *Disability Not Cn- No **JTA Sponsored Available Demand Not *Ages 52+ Available 3 days Yes **JTA Sponsored Not Available Not 5 days Available Yes *Must be Hartfelt Client Z17T JO 9Z abed 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 Memorial 87 ft Hidden Hills Golf Club ti Ed Austro F gtenal Park ,;,11.86 Gil G1 Blue Sky Golf Club Crag unicipel 3kport Helen Cooper Fbyd Pea tl G7; ® O Hanna ® Park I�IaN A.54, 1Moe NS Mayport Q - - Ribault nay Village 1.3 Dutton ®At uric !stead Beach •_ounvy Pre�rvs NI Club Atlantic `®\ ip each, . ii ; LloQ ,y .01 Neptune Beach Ga 6!.r1-61 Ga6ap�Ga7'W� �� rtd Kaman Middle School Fbrida Ir�j State Coll tenth Camp•ra.l 24;)1.0-0' 6.8W/GO Patton Park m .O Jacksanyilb R n Genantl h Country C lub 0 m°a p 4 pa S d ®0 (IN Windeor �Pkr�y SV Flo, I••1 Parka c R'"'/ Glen Golf Club ,.1..k. Kaman Golf Country Id 7 4t h qv:- 63; 6eachille 6a . JAX 63 Beach ' Golf Club D • Q • Z17T JO LZ aed 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 , balard F.E phunt c}4. dee k • r.:71'alFw rld't - - fsfarid 1.01, . Manna Term 'Tanning ‘rtram Island Na nd Hiddel Hills G Club 1111 Ca de Iton P, Huguenot I thryn -d„ L had btay •s;,. r61;M - - Perk Mi‘ 6 ' Munipai nntir Craig ri .port • I L .ilepiLLine Beach "' LZ; • Beaches•MayFort — 1— - a ta'Zi Castaw• n W 1 M P,..etkarkn Preserve. W :0 IWIlle -:" thside kw ii.' mJacksonvilla r-' -? W CZ CZ kW Country Club 6, Golf and (...] P kg CZ wa ir.mm LiFm, - m ,___:_ - a '-' _ --.`• • 'rr-d°----7-20.2 ....1•. MI TT- M 4 IR P.pisr=r7k =I' Zonte inn .3 edra M-rM .M• i &J iz r , lub , r1 Club ir "6-)1h 1M4 Ata -MP•66 r.Sannrass 1Ponte iledra Bleach wgrakk runtry Club Z17T JO 8Z abed 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 . 1'ai:�Elll[ •F,k)II'I 1-151" Blount ninon! land Isand f.k1l[.II 4;f.rnJ Fain I.lu,risnol F'nrk 631 ▪ inY Nb- 5�' Mayr ' S , Hidden Hills Golf Club 6G®:® (a®� .01. p oi North C® --2.]2— { OM. ntic ac4 . + ®rG; c4Jeluh ie Beach Va tawny Patton Island', Park Pre sere 'or. le ra:ra—® Jacksonville Golf and !� ® Country Club yp .o .ek.i l.! SA Club TFC sa„yrarn nn Iub Ponte V edra 8}ach ray=s {LCou lntry 23 Club Z17T JO 6Z abed 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 Spm —Midnight; Sat 11am — Midnight • No Reservation Required • Cost = Free • Sponsored by JTA Bbunt Blount .3L.ittlerd. .- d @mly,,t"IRaend"Gut'shanne TerminaIIs L i n d IM sSrdF ilish GA ,F°°1 7 ▪ a hl unpin l Rpsrl v 1 ,: n ° °°. 0 0• ° Hidden Hills Golf Club le Pine - Is13rrJ 'Fanning Islard Huguenot Park Oi Mill Cwe ° °w Patton Park ' I.1.pure Beach Castaway Isla ntl PreEerve Jacksonvilk. ▪ Golf and Country Club un— of No▪ rth Pablo Creek Preserve Pa bb Creek Club a nville ach yyFonf;' indm nd Club 1Ponte V edra Beach TFC Salm] rear= agrass Country Club Z17T JO 0E abed 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 = $5 Donation Request • Sponsored by JTA sportatioi _ _..,ors and Dis tatite/t ----. ,011-.24 81 -is PRovn ,„ noL Blount Little ,i kbnl MCSF A•tiuh Blount Blount•$brd-_ laland Island Menne Terminal :co,. C: rllulr rtmm t nj Hidden Hills Golf ..� Club '� ` :ii t? II Cove ®�� onVF 04 al �a \ b,unA�rpert uipal p� 00. 000 q v 'Vteek Phe Lr�rd Fa nninJ I�pixl �u Huyuennl Park Patton Pork Jacksonville Golf and t•-.• © Country Club UCD of North 0. — _unary I •©J +w0' p0 tib+ Pablo Creak Pre se Ma eptune Beach Pabb Creek Club Doe Jedra Innd Club 1Ponte Vedra Beach Country Club CM CD CL N A '+ CD ▪ 4t N N N. Z17T JO TE abed 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 Bburrt bbrd rN:.SF Bloun[ Blount Island I land r.innns Terminal em :ti hram fiFld Little • :,eew Pons Brand •Fanning IsOnd • Huguenot Park ���®�•Q;rG7rG� r . rzamj -Ieptune Beach — Gi 2 ado Irina Ieb !Ponce Vedra TFC Sawyrasa I5angra ss Countryy Club Agenda Item #2.A. 24 Oct 2022 Page 32 of 142 AGENDA ITEM: SUBMITTED BY: TODAY'S DATE: MEETING DATE: BACKGROUND: BUDGET: RECOMMENDATION: ATTACHMENT: Agenda Item #3.A. 24 Oct 2022 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90 -Day Calendar for the Mayor and Commission Yvonne Calverley, Executive Assistant to the City Manager/C October 10, 2022 October 24, 2022 The 90 -day calendar is included on the agenda for the purpose of setting meeting dates and determining the location, time and whether to videotape special meetings and workshops. The rolling 90 -day calendar will be revised after receiving input from City staff and the Commission, and will be included in each agenda for consideration, Notes: • Photos of the new Commission are tentatively scheduled to be taken on Monday, November 28 in the Chamber. Time is TBD. • A Town Hall Meeting is tentatively scheduled for Saturday, January 21 from 10 am to Noon in the Commission Chamber. None Approve the 90 -Day Calendar for November 2022 through January 2023. 1) Mayor and Commission 90 -Day Calendar (November 2022 through January 2023) REVIEWED BY CITY MANAGER: Page 33 of 142 Z17T JO VE aged MAYOR AND COMMISSION November 2022 SUNDAY 6 13 20 27 MONDAY 14 Commission Mtg 6:30 pm 28 Commission Meeting 6:30 pm New Commission Photos (Time TBD) TUESDAY CARAC Mtg bpm General Election 15 Community Development Board 6 pm 22 29 WEDNESDAY Mayor's Advisory Council Noon 9 ESC Tree Subcom 5:15 pin ESC Meeting 6 pm THU RSDAY Special Magistrate Hearing 2 pm 10 Pension Board Meeting 6:30 pm 16 ESC LEED 17 Subcom Noon ESC Outreach Subcommittee 3:30 pm 23 3D .I 124 City Offices Closed FRIDAY 1.1 Veterans Day City Offices Closed 15 25 City Offices Closed SATURDAY 5 12 19 26 Z17T JO SE abed MAYOR AND COMMISSION December 2022 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY S RD_11" 4 11 18 25 l2 Commission Mtg 6:30 pm 6 13 19 20 26 City Offices Closed 27 CARAC Mtg 6 p Community Development Board 6 pm 14 ESC Tree Subcommittee 5:15 pm ESC Mtg 6 pm 21 ESC Outreach Committee 3:30 pm 3 15 16 22 23 City Offices Closed 10 17 24 28 29 30 31 ESC LEED S u.bcormittee Noon Z17T JO 9E aged MAYOR AND COMMISSION January 2023 SUNDAY MON DAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 8 15 22 29 '1 New Year's Day City Offices Closed Commission Meeting 6:30 pm 16 MLK Day City Offices Closed 23 Commission Meeting 6:30 pm 10 24 30 31 CARAC 6 pin Community Development Board Meeting 6 pm 4 11 ESC Tree Subcommittee 5:15 pm ESC Meeting 6 pm 18 ESC Outreach Subcommittee Meeting 6:30 pm 25 12 19 13 20 26 ! 27 14 21 Town Hall Meeting - Chamber 10 am to Noon (Tentative) 28 Agenda Item #3.B. 24 Oct 2022 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 of Atlantic 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 1900 Public Records of Duval County, Florida (the "Plat") (the "Selva Lakes Property"). B. Se Iva Lakes desires to set forth and grant to the City, its successors and assigns, a fifty (50) foot greenway easement along the western edge of Sherman Canal, for ingress and egress on, over and across the real property owned by Selva Lakes and described on the attached Exhibit A incorporated herein by this reference (the "Greenway Easement Area") in accordance with and subject to the terms and conditions set forth herein. Any wetland mitigation required pursuant to a Federal or State laws shall be the responsibility of the City. B. The City shall be responsible for maintenance of the Greenway Easement Area to the same level that parks are maintained in the City. NOW, THEREFORE, for and in consideration of the recitals stated above, for and in consideration of the sum of $10.00 in hand paid and to the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Selva Lakes and the City agree as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Agreement. 2 . Grant of Greenwav Easement by Selva Lakes to the City. Selva Lakes hereby grants and conveys to the City, its successors and assigns, a 50 (fifty) 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 and conditions set forth herein. 4. Maintenance. The City shall have the exclusive obligation to maintain the Greenway Easement Area at the level it maintains other park properties in the City. 5. Permitted Uses within Greenwav Easement. The City, its successors and assigns, shall have the right to use the Greenway Easement for the purpose of providing, constructing, stabilizing, maintaining, landscaping, preserving, and repairing passive recreational uses for the public limited to a pedestrian/bicycle pathway, walkway, or greenway. There shall be no lighting, benches, tables or other structures built along the path. There shall be no motorized vehicles on the path and the path shall be closed from when the sun Page 37 of 142 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 long as the granting of the 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 five days written notice to the City. 7. Attorney's Fees. In the event of any litigation arising out of this Agreement the prevailing parties shall be entitled to recover all costs incurred, including reasonable attorney's fees at both the trial and appellate levels. 8. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the respective parties and their successors, assigns, heirs and personal representatives. 9. Indemnification by the City. 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 resulting from the negligence or willful misconduct of Selva Lakes, the HOA, or any owner, lessee or tenant of any Residential Lot in Selva Lakes. 10. Miscellaneous. The provisions of this Agreement may be modified or amended, in whole or in part,` or terminated, only by the written consent of each of the Parties. The Partiesshall cooperate reasonably with one another to adopt such amendments to this Agreement as may be required to correct any errors of fact or any scrivener's errors contained herein. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. Nothing in this Agreement shall bedeemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. Each provision of this Agreement is hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall. be held to be invalid or to be unenforceable or not to run with the land; such'holding shall not affect the validity or enforceability of the remainder of this Agreement. Time is of the essence of this 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 2022 Page 38 of 142 IN WITNESS WHEREOF, the Developer and the City have executed these presents as of the day and year first above written. Signed in the presence of: Print Name: STATE OF FLORIDA COUNTY OF DUVAL Print Name: STATE OF FLORIDA COUNTY OF DUVAL I, the undersigned Notary Public, do hereby affirm that appeared before me on the _ day of as their free and voluntary act and deed. personally 2022, and signed the above Easement 22 Agenda Item #3.B. 24 Oct 2022 Page 39 of 142 Exhibit A Legal Description of Selva Lakes Property A PART OF SECTIONS I(i ANI) 17, TOWNSHIP 2 SOt,IT11, RANGE 29 FAST, DUVAL COUNTY. FLORIDA AND BE/NC; MORE PARTICULARLY T)'ESRIBEI) AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF [,O1' I, EcLOCK 7. SELVA MARINA UNIT NO, 3, P1./F BOOK ?'), PACiE 27 OF THE CURRENT PUBLIC RECORDS OF SAIL) COUNTY: 'ITIENC.'E SOUTH S3° 42' 001" WEST ALONG THE NORTHERLY R,((:;1.IT (r)F WAY LINE OF THE PLA'/.A. 141;:.52 FEET TO THE SOUTHEAST CORNER OF ;.0T I. BLOCK (, ROYAL PALMS (UNIT NO. 1, PLAT BOOK 30. PAGES 60 AND 611A OF T1 -If!, CUR It ENT PUBLIC RECORDS OF SAID COUNTY; THENCE NCE RUN NORTH (I(;'' :15' 00" WEST ALONG THE [EASTERLY LINE OF SAIT) ROYAL. PALMS UNIT NO. I AND (TS NORTHERLY PROLONGATION THEREOF, 919.63 FEET, THENCE NORTH 83' 42' OJ" EAST, 7.44.66 FEET; THENCE SOUTH 06 IF.' 00" EAST, 30.0 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF 11 '. STREET; THENCE ALONG TFIE SAID SOUTHERLY RIGHT OF WAY LINE OF SAID 11 '. STREET RUN NORTH 83° 42' 00 EAST, 675,0 FEET TO THE NORTHWEST C'ORNE'R OF LOT S, BLOCK 7 Or SAID SELVA MARINA UNIT NO, 3; THENCE SOUTH 06" 18' 00" EAST' AI:.,ONG THE WESTERLY LINE OF SAID SE[:VA MARINA UNIT NO. 3 890 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ANY PART INCLUDED IN THE PLAT OF SRL\'A LAKES ACCORDING TO PLAT THEREOF AS RECC)R1)ED IN PLAT BOOK 41, 'PAGES 55 AND 55A, SELVA LAKES UNIT TWO, ACCORDING; 'i'O PLAT THEREOF AS RECORDED IT PUA'T L300K 43, PAGES 11, 11A AND 1113 OR SUVA LAKES UNIT THRI 13, ACCORDING TO PLA'r THEREOF AS RECORDED IN PLAT BOOK. 44, PAGES 60, 60A AND 6013 ALL OF THE t:URREN"T PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA, AND FIJRTHF'.R. EXCEPTING ANY PART IN ROAD RIGHT OF WAY. ALONG WITH TRACT "A" AS RECORDED IN PLAT BOOK 41. PAGES 55 AND SSA OF THE CURRENT PUBLIC RECORDS O1' DUVAI. COUNTY. FLORIDA, Agenda Item #3.B. 24 Oct 2022 Page 40 of 142 Agenda Item #3.B. 24 Oct 2022 SHERMAN CREEK PEDESTRIAN PATH ATLANTIC BEACH, FL • EX/STING 3' SIDEWALK unnr. EXISTING MULTIUSE PATH ULJI.11 . PROPOSED ElMULTI-USE PATH EXISTING TRAIL ▪ PROPOSED TRAIL PARK/OPEN SPACE ENTRY POINT SIGNALIZED PEDESTRIAN CROSSING r !. ' elk' v rft, , ,,, , : r• ,. , • Ph., ' C9AB SELVA PRESERVE 11TH ST SELVA LAKES 1 ,..., .. .,, .., P • i 1 1 .,. . I .,,%• ? •i, ,/ , . d briounnricinotriomirly\i -A-) _KAI - '-' Ln A m.• PLAZA Ti 6 , ,L! 11:1 • n • )46- '6 E1ncujur:111[:.t COAs RUSSELL Page 41 of 142 Page 42 of 142 Agenda Item #3.C. 24 Oct 2022 Page 43 of 142 1IfI-41111"." PROJECT ; PROJECT MAP Fink Line is the current 10" water main from Mayport Rd to WWTP tr4 SSRa • 1E3r Yt� SR 1•A t,t1 1j1 C} 9 111 Tar Sas 043. Z17T JO bti abed S16 '110 1566 1535 1520 131, 11 11 .1 q 11 11 ^ I F I4 l 3Wi :125 110' G+S s RON WATER MAN 15+6 i x 1501 lane 15+6 __ - L __ sze 616 715 2 na 767 7531 11 MS 731 f+ J! 743 1 ! . 1 1,, i siruiSw OR { '�10" CAST IRUN WATER MAIN .4 N. JJ J1� A �a I` :519 1626 7507 1603 FRO 730 730 Fr770 roe 155 'c5 716 :2* ,1 rya 72a 110 711,7 V) 0 J 3 Q 6 D I- W Q ° 0 0 _0 E °- 3 U 2'~ 0 E° ° ce� - o t °o o E 2 ? O 0 �5 17, 17 0 NU -0 > 6 (D O :: I --I .E ,L2 � `- oO °} =-5 -�- r .° >. c °� 0 ' '2 ar f) o -a0—.xiL-0 • ) := 0 2) 0 0 0 -= O °>7 0 ° w a° Q.N.N0 cele < L a 8 Ie D -t 0 Agenda Item #3.C. 24 Oct 2022 Page 45 of 142 779-5353 CHANGE ORDERS Change Order 1 10" Water Min Bid Item Material info@jaxum.com 5465 Verna Blvd. Jacksonville FL, 32205 Project Donner Road Client City of Atlantic Beach Date: 9/1512022 Labor & Equipment Subcontract Quantity Unit Price Total 10" Water Main Pipe S 41,387.91 $ 138,252.09 S 1,000.00 S 179.67 LF 179,670.00 IFire Hydrants 1 8,829.20 S 3,685.04 0 2.00 S 6,257.52 LA 12,515.04 Senices $ 58.47 5 4,331.69 S - 18.00 S 243.90 EA 4,390.16 Sleeves S 1,055.72 1 2,045.40 $ 2.00 S 1,550.56 EA 3,101.12 1 Survey S - 9 - 0 1,800.00 1.00 S 1,800.00 LS 1,800.00 Flow FE 5 329,00 9 - 1.50 S 329.03 C5' 493.50 Connections: Double Line Stop will 2 Wet Taps 5 S 2,760.00 0 13,800.00 2.00 S 8,200.00 EA 16,560.00 Foam Fi l Existing 10" Water Main 5 10,000.00 5 2,500.00 0 ZtiT JO 9ti aged LC 1,000.00 S 12.50 12,500.00 Total 231,029.82 7»-5553 info@jaxum.com 5465 Verna Blvd, Jacksonville FL, 32205 Project: Donner Road Client: City of Atlantic Beach Date: 9/15/2022 Change Order2 Flow Fill 8r Road Plates Qtv Unit Price tI1Total Bid item Description Delivery 8& Remove .. 385.00 " Road Plates Month 1 tx10 Road Plates 6 5 845.00 EA IF NEEDED Road Plates Month 2 Ss 10 Road Plates 6 5 845.00 EA Minimum Cover or 20" 570.00 5.070.00 5.070.0(] Flow Ril Sewer 360 5 329.00 CY 118,440.00 Notes Total 129,150.04 Broken during construction activities 5 feet Agenda Item #3.C. 24 Oct 2022 Page 47 of 142 xis ing : Ductile Iron Pipe (Rusted -Force mai xis ing 1 Q" Ductile Iron Pipe Rusted - Water Mai Agenda Item #3.C. 24 Oct 2022 Page 48 of 142 xis ng le" Ductile Von Pipe (Rusted - Water Mai Agenda Item #3.C. 24 Oct 2022 Page 49 of 142 Agenda Item #3.C. 24 Oct 2022 Page 50 of 142 xis Jng 1 • - Water Main (headed to Sailfish, e o.s or replacement are bein. mad- Agenda Item #3.C. 24 Oct 2022 Page 51 of 142 tee, \ 4411 u 516 177 1:1 I a tCt1575 I 15"-I ',c:9 \P n6 — APD11.Ma' , - lel, I 111110��-- 1 n 1.155 a. 1671 - 1 1— 1 1c1 6 t 1515Iva f- b -.G—., 7671 N r ,617 1e�6 —`— o-- 1145 1078 1110 -{ —` I 151 3 10" CAST IRON WATER MAIN 1. 4!70 ::\ `I,116 117 1510 1161 1 0 Agenda Item #3.C. 24 Oct 2022 Page 1 of 1 11 11 I 11 Is 11� ............ .. ..r .... 1611 170 - i 101 jw7 1715 lea lee / I � 1601 t j/ C� -` 1�'�CO . n ....... 7 1.4 ........N -2::: R N}, -T_-• • .._ p..a.4•.t •- -- tis s a,a s ra'1J7xx-+. r a Rs 7L 1501 1565 1507 155 5.7 135 LID 41 7 640 0+5 916 9'1 111 dlo ale 110 117 116 110 p/ 105 711 71b 1 1 716 776 710 e5 TT6 157 ala 10' CAST IRON WATER MWN imommorla 770 110 7ee I 745 755 741 740 ° eetirtgs/10-24-221CN1%20I�°port/Utilities%20Purchase%20-•�. 10)1212022 Pile:INp:lDraft%2pStaff%2UReportsl2022/o20M Page 52 of 142 i Agenda Item #3.D. 24 Oct 2022 Page 53 of 142 Singleton's Mobile Home Park Singleton's Mobile Home Park Z1T JO VS abed Z17TJOSSabed �m Pb:a PaN ' � �y •• \' la r` ;a.>,i: ►-� �sv ti;sz slut s • abe ▪ moi- 1144 414-- 441 r A9Sa 414P' ! am • _ o-"=° - a ,bR/�[%P�d. ,esq yr ie urn.. 77. •elblaR :981 ��••_ i � •-� � I J� I Y _Fi'R T8. PAGE 3:} �4 �• �•� - tOq� "'ms.'ava =tr �wx�e c'Ef, Ne row s —. gift eja'+rte � rnra:.e.g,eo �- oae�,.xr+e ' \14'4* �" +�mrn"zar'°'°.*a+v"��`~`�L, " ����lSS!�a���• trxe a _ . f, 12 Mobile Homes currently located on city property --- beet, being the calculated Oat Bearing of 5 ge 34 of the Public Records of Duval Co arty, to f,. Pe ILL Psy Aui Lc N nem z•_e..w-.. .,.�rsre3 4, Rt..141. VA.taUl B 7053.1' l er Rem.; Portion of Main St vacated in 1975 , 'o Request for city to vacate ROW and include vacated property into Singletons Z17T JO 9S abed Proposed property TO the City ("'5,337 Square feet) Requested property FROM the City ('1.1,228 Square feet) er:�ii:Ma..t • t w ZIT 10 LS aged 1 r��,w akp • ^y a 12?}ie 3L.9mt ceras'JDCC1cea1 710toF6 Ceutry. nCl9. .MGEL 0• Ince !arra ire. 161} ZEMIN TI', AT1)1471L BMACrt aooacto, to pea eta..lr34e ays- Rpaea crplxx Cerner. roma. •1cG!'r•CR r•nTM 1.2Cm! YnMt'X 14 Jgr taeseeemareec•N E'..J DEFCEn,1e cC']MC1 :2 *el 4ltt01!ter.hmem ,,acc r .ex Tr ['•L EC. PI. Frye aj ono=i4L docs Lleateraori4L ZEC'1LNVA+[.Amf art lav IL oar IE. Otos. .0.5.ra vcac Pel Y Du.C+lp.•xst TC.WThert1 MPTIM4[y T9 lame9'.h44...r4S4'!p eE :e6 r.+. 5 are 1, Saes LE. N. epi r s 1 !Y ...r.q.... r r.rr 'wr WEST. o me-�.,e.w ... FIR57sya STREET titres 1 R._ 1 _ • 1., `�c� ADDITIONAL PROPERTY Sag 1 i. 8 sow? Faet 4::;% yt.ti' 171.- t Z17T JO 8S aed Area could be used for parking for Veterans Park am • Agenda Item #3.D. 24 Oct 2022 Page 59 of 142 Z17T JO 09 abed Land Area that would be deeded to the city ry CU tj r6 o 4J 0 -c N QU E 12 0 0 .0 o u 0 0 0 E .> -0u c 0 (13 L) cu o?S ft3 D u Agenda Item #7.A. 24 Oct 2022 Page 61 of 142 New Additions: An Oskarsson, PhD, Chair Carol Silcox Jane Stevens, Vice Chair Joseph Schwarz Mary Mullahey Lisa Goodrich Mateo Jurasic, MD Wally Sears (Alternate) '1 Agenda Item #7.A. 24 Oct 2022 Page 62 of 142 ra tn no .tR RRs c Ln -0 0 (13 ft ro E v s U_ k....9 a) CV CU 0 n3 fn c o 0 0 o -a u c no c 0 a) L r0 ra c in E tilro ail u 0 > > t m Ci) v ra o �.ro � C� L a 4-1 o _C v U CU a) u E +a4-1 11, -o E o E o - o V (13 rQ rn r6 ro o 113 n3 v �- v u v o s s ce 0 1_ F_ 0_ H 0 cu I- u u Agenda Item #7.A. 24 Oct 2022 Page 63 of 142 4 o 4J co _0 (D c v 0 CU w +1 1_ UQ, 1._. >°) ‘- �"=.- r3 ro 0Lvo 2 v +, 1_ p v L._' CO i6 0 E Q c L Otio a) au m Cp . — o1 c v E 4--i v 4-1›.-61.7" ' t!1 Ln L cn N - U 14- 6'� _0 175 cu c cWUp v � N ra a}'_� Ca of +Q s.. Q� v ro Ora �n Cil E..L Q.) I— L 5 Q rp • 5 E Q1 7- v 7" Q. > Q, '_ O UvDO � -0 pE I_ 4-, " (11.J ra C v . Li) -C O •N u to .4---Ju v vcu -0 Q N CL Q) '1-s 0 ro v cn 0.1 O ra ��o- v o° a �" ro �4-1 or7a°'L CL CL ro1_ o ri to 0L❑u •.) v • • vUv. • r u C C 00 E Wt6 a L9 a) Agenda Item #7.A. 24 Oct 2022 Page 64 of 142 Goal 2 -To be a community that values cultural arts and recreation as a key component of our quality of life • We participated in the City's priorities setting session, during which the city set cultural arts and recreation programming as a top priority • We administered our annual grant program, with an increase in maximum funding to $5,000. We requested and received an increase in overall allocation budget to $75,000. • We advocated for streamlining the Recreation Dept's permitting process to be online, instead of entirely manual. This served to make obtaining a permit easier for residents, and freed up staff time. 11 oS9a:e. ail i VI E c iv u— V E O 0 CD ro Q 0} c (l) CCS Ol.--. Imo�o-0 Cl. 0-O D� D� 0_ C V1 V L 4--J O 0 E ui -0 CII s (13 aJ 0 aW ro _ CU 4-1 v Q)o Q o �. E n3 -00E 0CU CU 4-1 ›- V r0 > 3 o N ( s_ O_ y (10 - -0 " r6 v7 O 0 U E u u-0 Cr) CLE 1-- O_v C 0 W aU n Co U L7 0 ro Agenda Item #7.A. 24 Oct 2022 Page 66 of 142 Goal 3 -To be a committee that supports and promotes high- quality cultural arts and recreational events and programs (cont'd) * Revised Annual Grant Review process to improve our evaluation of new and repeat applications. For example, - Required online submission and standardized forms & reports - Added new application requirements related to key performance indicators - Required more accountability from repeat applicants - Revised deliberation process - Continue our effort to improve the application, review, and implementation of the CARAC annual grant program 11 oL9a:e. l/1 LnV V X z ist" of specific subgoals c V I r o+; _0 cu � v u a v E v o 4 ^4 W V 1 ^ `7.. nv , r' L) SO Jy _C-7 +raj (i) tri N.4 O u 'L CL ro .MI= a tn u En cu u, i!a o o4-g+ 0E 2 Agenda Item #7.A. 24 Oct 2022 • Page 68 of 142 Example Possible Wish List Priorities 1. A formal volunteer program, to make it easier: - For residents to volunteer for a program or event - For programs and events to find volunteers - Support residents who wish to implement a program or event 2. A comprehensive Catalog of Programs and Events 3. More programs and events for underserved populations 4. A detailed fiscal analysis of recreation budget 5. A plan for reducing deterrents to program/event participation due a lack of transportation 11 O69a:e. E E �J 0 Ln Qia) 0 0 f6 Agenda Item #7.A. 24 Oct 2022 Page 70 of 142 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No. 22-73 adopting the Sustainability and Resiliency Community Action Plan as recommended by the Environmental Stewardship Committee SUBMITTED BY: Amanda Askew, AICP, Director of Planning & Comm. Dev. 2022 PRIORITY: Environmental leadership via validating the City's commitment to resiliency, sustainability and the environment TODAY'S DATE: Oct. 19, 2022 MEETING DATE: Oct. 24, 2022 Agenda Item #8.A. 24 Oct 2022 cc_ BACKGROUND: The Environmental Stewardship Committee (ESC), via its LEED Subcommittee, spearheaded the CAP development process and obtained input from subject -matter experts, the community, the City Commission, staff to formulate the Sustainability and Resiliency Community Action Plan (CAP). Adopting the CAP is the next step in our LEED certification process. It provides an in-depth matrix with associated goals, and enhances measureable outcomes. The intent is for it to be a roadmap for creating community change by specifying what will be done, who will do it, and how it will be done. The plan is forward -thinking and provides a framework to protect and care for the environment, and enhance quality of life and economic prosperity. Based on input from City Commission and the community, the CAP has gone through several iterations. The public was engaged in multiple ways to garner feedback and priorities. Most of the feedback was derived from a community survey with over 370 respondents. In addition, multiple public input meetings were held throughout the process. While the primary focus of ESC pertains to environmental aspects of the community, the CAP has many goals that go beyond the environmental scope. The plan is multi -disciplinary and is intended to provide policy decision makers with a guiding document that has long term vision. It is the intent that goals outside of the purview of ESC would be accomplished through other committees, groups, and departments as the City Commission and city manager, respectively, deem appropriate. Many of the goals cross aver with other City plans, including but not limited to the Comprehensive Plan; Parks Master Plan; Coastal Vulnerability, Resiliency, and Adaptation Planning; and the Stormwater Management Plan. Many of the goals have co -benefits with the environment. The major goals of the plan are: Natural Systems & Ecology ■ Develop and enhance connectivity and walkability between parks and throughout the community Page 71 of 142 Agenda Item #8.A. 24 Oct 2022 • Ensure that 95% of residential addresses are located within 1/2 mile of a park or open space. • Increase and maintain a healthy, diverse tree canopy • Reduce use of harmful chemicals and biocides Duality 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) Enemy & 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 implementation to achieve greenhouse gases emissions mitigation • Reduce 20% of overall energy consumption • Work with Jacksonville Electric Authority (JEA) and other partners to generate 33% of electricity from 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 consumption per capita by 40% including on lawns • Make 100% of waterways fishable and swimmable • Ensure the community has sufficient stormwater storage and mitigate inland flooding during extreme weather events • No treated or non -point source pollution in Intercoastal Waterway, St. Johns River or ocean Green Buildin¢ & Lrfrastructure • 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 • Reduce total electricity consumption Solid Waste • Reduce municipal solid waste (MSW) generated • Increase MSW diverted from landfill • Actively work at becoming a "zero -waste" community by reporting action items and lessons learned in annual report Transportation & Land Use • Define and identify number of historic homes/buildings in Atlantic Beach and incentivize preservation • Increase number of lots that retain trees • 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 • Eliminate pedestrian and bike fatalities Page 72 of 142 Agenda Item #8.A. 24 Oct 2022 Governance, Community Outreach & Iahocation • Improve measurement, performance, education, and reporting every year and share results for the City and community in an annual report • Achieve and maintain the hest quality bond rating • Increase the City's number of sustainability and resiliency leadership commitments every year • Achieve 90% resident engagement in this plan • Explore establishing a Sustainability and Resiliency Office, 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 The CAP provides consistent data for decision-making; reduces redundancies and competition for resources; and fosters collaboration, holistic preparation and action. In addition to its environmental benefits, the CAP establishes a blueprint to increase the number of healthy and engaged residents. While it may not be possible to obtain all of the CAP goals, the document provides a structure for staff to track progress; increases the City's grant readiness; saves money; attracts investments; and aligns with efforts of more than 100 Florida cities. The plan is multidisciplinary; provides policy decision -makers with a guiding document that has a long-term vision; and will be reviewed annually and amended, as appropriate, RECOMMENDATION: The City Commission approve the Resolution No. 22-73 (Sustainability and Resiliency Community Action Plan) ATTACHMENTS: Resolution No. 22-73 Sustainability and Resiliency Community Action Plan BUDGET: To be determine REVIEWED BY CITY MANAGER: Page 73 of 142 Agenda Item #8.A. 24 Oct 2022 RESOLUTION NO. 22-73 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE OVERARCHING GOALS OF THE 2050 SUSTAINABILITY AND RESILIENCY COMMUNITY ACTION PLAN AS RECOMMENDED BY THE ENVIRONMENTAL STEWARDSHIP COMMITTEE; SUBMITTING THE PLAN (EXHIBIT A) TO THE CITY COMMISSION AND CITY MANAGER FOR YEARLY AND ONGOING MULTIDISCLINARY REVIEW; DESIGNATING THE CITY MANAGER TO ADMINISTER COMMISSION PRIORITIES; 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 Environmental Design (LEED) designation, and the City of Atlantic Beach became the first Florida city to achieve LEED Silver certification under a pilot rating system. The LEED designation provides the city with responsible, sustainable and specific 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 Sustainability and Resilience Subcommittee (formally named the LEED Subcommittee), is a valuable advisory citizen committee to the City Commission with its scope outlined in Chapter 23, Protection of Trees and the Natural Environment, Section 52 of the City Code of Ordinances. The ESC spearheaded the CAP development process and obtained input from subject -matter experts, the community, the City Commission, and staff to formulate the CAP. The CAP does not modify the ESC's role; and WHEREAS, the CAP is forward -thinking; provides a framework for potential for strategies and actions to protect and care for the environment; and enhances quality -of -life and economic -prosperity opportunities community wide; and WHEREAS, the CAP provides data for decision-making; can reduce redundancies and competition for resources; and fosters collaboration, holistic preparation and action; and WHEREAS, in addition to its environmental benefits, the CAP establishes a blueprint to increase the number of healthy and engaged residents; and WHEREAS, the entirety of the CAP Report as Exhibit A is hereby submitted to the Commission for review, action, coordination with and recommendations by citizen committees, and the public; and WHEREAS, while it CAP goals and strategies to achieve them may at times be aspirational, they accurately reflect the desire of our City to be more resilient and sustainable, provides a structure for staff to track progress; increases the City's grant readiness; saves money; attracts investments; and aligns with efforts of more than 100 Florida cities; and WHEREAS, the CAP is multidisciplinary and extends beyond the sole scope of the ESC; provides policy decision -makers, City departments, citizen committees, and the public with a guiding document that has a long- term vision; and will be reviewed annually and amended by the City Manager with direction from the Commission, as appropriate; and Resolution No. 22-73: Sustainability and Resiliency Community Action Plan Page 1 of 3 Page 74 of 142 Agenda Item #8.A. 24 Oct 2022 WHEREAS, year-to-year project priorities for the CAP should be set by the Commission, with recommendations from staff, the ESC and other citizen committees; and WHEREAS, the City Manager will administer the plan, with direction from the City Commission, by assigning resources, and will request funding, as needed, to accomplish achievable goals; and WHEREAS, following are the main focus areas and the 2050 goals in the CAP (Exhibit A) recommended by the ESC: Natural Systems & Ecology • Develop and enhance connectivity and walkability between parks and throughout the community • Ensure that 95% of residential addresses are located within'' /s mile of a park or open space, • Increase and maintain a healthy, diverse tree canopy • Reduce use of harmful chemicals and biocides 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) Enemy & 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 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 Nziiion.'I I'rinl:tiI\ lDrinkitT Wilier Regulations for 90 known contaminants and add status of water withdrawal areas in annual report • Reduce gross potable water consumption per capita by 40% including on lawns • Make 100% of waterways fishable and swimmable • Ensure the community has sufficient stormwater storage and mitigate inland flooding during extreme weather events • No treated or non -point source 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 benefits, and at least 50% are actively striving to meet those standards • Reduce total electricity consumption Solid Waste • Reduce municipal solid waste (MSW) generated • Increase MSW diverted from landfill • Actively work at becoming a "zero -waste" community by repotting action items and lessons learned in annual report Resolution No. 22-73: Sustainability and Resiliency Community Action Plan Page 2 of 3 Page 75 of 142 Agenda Item #8.A. 24 Oct 2022 Transnortation & 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 • Significantly reduce pedestrian and bike fatalities Governance. Community Outreach & Education • Improve measurement, performance, and reporting every year and share results for the City and community in an annual report • 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 plan • Explore establishing a Sustainability and Resiliency Office, 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 Commission hereby adopts the attached (Exhibit A) 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 24th 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 Page 76 of 142 Agenda Item #8.B. 24 Oct 2022 CITV OF ATLANTIC BEACH CITU COMMISSION MEETING STAFF REPORT AGENDA ITEM: Resolution No. 22-74 authorizing the renewal of Employee Health Insurance and Benefit Plan SUBMITTED BY: Cathy Varian, Human Resources Director Y TODAY'S DATE: October 11, 2022 MEETING DATE: October 24, 2022 BACKGROUND: The City has used Cigna for Employee health insurance this year and has been satisfied, overall, with the products and customer service, Our insurance broker, Gallagher (formerly Harden), worked hard and was able to negotiate with CIGNA to reduce the increase in rates from over 16% down to 7.5% for the exact same coverage. The City had an increase of 10% in the approved budget, so we were thrilled. The City also pays for basic life insurance for all employees and a robust Employee Assistance Program and those coverages are remaining the same. Gallagher was able to negotiate the same rates for the following voluntary benefit providers, which are paid 100% by the employee: Dental; Sunlife 1)I -IMO (PPO plan has 6% increase) Vision; Humana Supplemental Life: Standard Short Term and Long Term Disability: Sunlife Supplemental plans: AFLAC BUDGET: A savings of 2.5% from what was budgeted, assuming the same employee participation rates. RECOMMENDATION: Approve all employee insurances listed above, effective January 1, through December 31, 2023 and authorize the City Manager or his designee to sign the relevant documents. ATTACHMENT: Resolution No. 22-74 REVIEWED BY CITY MANAGER: Page 77 of 142 Agenda Item #8.B. 24 Oct 2022 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 Atlantic Beach 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-term and long-term disability, supplemental life, as well as several supplemental policies, all at their own expense. NOW THEREFORE, be it resolved by the City Commission 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 Commission hereby approves the renewal of the life insurance and EAP benefits provided by the City at no cost to employees, with no increase in rate. SECTION 3. The City Commission hereby approves the renewal of the other insurance coverage offered to employees at their expense. Resolution No. 22-74: Employee Health Insurance; Other Insurance Benefit Plans 1 of 2 Page 78 of 142 Agenda Item #8.B. 24 Oct 2022 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 conflict with this Resolution are repealed to the extent of such conflict. SECTION 6. This Resolution shall take 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 Resolution No. 22-74: Employee Health Insurance; Other Insurance Benefit Plans Page 2 of 2 Page 79 of 142 Page 80 of 142 Agenda Item #8.C. 24 Oct 2022 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING REPORT AGENDA ITEM: Resolution No. 22-75 authorizing a retroactive pay increase for the City Manager and City Clerk SUBMITTED BY: Cathy Varian, Human Resources Director TODAY'S DATE: October 11, 2022 MEETING DATE: October 24, 2022 BACKGROUND: The City Manager and City Clerk are Charter Officers whose rates of compensation are set by the City Commission. 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. The fiscal year 2022-23 budget includes funds needed to provide a 5% pay increase for these charter officers, retroactive to October 1, 2022. BUDGET: Both of these increases are included in this year's budget. RECOMMENDATION: Approve Resolution No. 22-75 ATTACHMENTS: Resolution No. 22-75 REVIEWED 13Y CITY MANAGER: Page 81 of 142 Agenda Item #8.C. 24 Oct 2022 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 Charter 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 fiscal 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 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 Commission of Atlantic Beach, this 24th day of October, 2022. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor Approved as to form and correctness: Brenna M. Durden, City Attorney Page 82 of 142 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance No. 95-22-122 (Prohibition of smoking on beaches and in parks) SUBMITTED BY: Amanda Askew, AICP, Director of Planning & Comm. Dev. TODAY'S DATE: Oct. 12, 2022 MEETING DATE: Oct. 24, 2022 BACKGROUND: Commission reviewed and approved on first read Ordinance No. 95-22-122 which prohibits smoking on our beaches and in our parks. This ordinance requires a public hearing at the second read. As of.luly 1, 2022, the Florida Legislature has enacted Ch. 2022-213, which permits municipalities and counties to restrict smoking on their local beaches and in local parks. Unfiltered cigars are exempt. The 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. The City is also concerned about litter consisting of used cigarette filters (cigarette butts) on beaches and in parks. These filters contain hazardous substances that can be toxic to animals and can take up to 10 years to decompose. The Environmental Stewardship Committee (ESC) discussed this issue and is recommending that smoking be prohibited on beaches and in parks. Enforcement will be will be performed by the police department and citations may be issued in the amount of $75. After passage, signage at beach accesses and parks will need to be modified to reflect the no smoking regulations in these areas. RECOMMENDATION: The City Commission approve on second read Ordinance No. 95- 22-122 ATTACHMENTS: Ordinance No. 95-22-122 BUDGET: Negligible (signage) REVIEWED BY CITY MANAGER: /C. Agenda Item #9.A. 24 Oct 2022 Page 83 of 142 Agenda Item #9.A. 24 Oct 2022 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 significant issue with tobacco smoking on City beaches and in City parks is Litter consisting of used cigarette filters, 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 and visitors, and for animals in the environment, the City Commission hereby intends to prohibit 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 BEHALF OF THE PEOPLE OF THE CITY ATLANTIC BEACH: Page 84 of 142 Agenda Item #9.A. 24 Oct 2022 SECTION 1. New Sections. Chapter 5, Article I, In General, of the Code of Ordinances. City of Atlantic Beach, Florida is amended to add the following new Sections: Sec. 5-9. Smoking in public narks 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 unfiltered 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 unfiltered 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 fine 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 officer 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 officer 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. Conflict. All ordinances, resolutions, official determinations, or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3. Codification and Scrivener's Errors. The publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate Section 5 - Page 85 of 142 Agenda Item #9.A. 24 Oct 2022 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 -lettered and 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 10t 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 Page 86 of 142 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance No. 90-22-248 (COMP22-0001 for 51 West 7i1' Street). Request for a Future Land Use Map (FLUM) amendment to change the future land use designation from Residential Medium (RM) Density to Commercial (CM) SUBMITTED BY: TODAY'S DATE: MEETING DATE: Agenda Item #9.B. 24 Oct 2022 Amanda Askew, AICP, Director of Planning & Comm. Dev. ki 0 Oct. 12, 2022 Oct. 24, 2022 BACKGROUND: The applicant is requesting to change the Future Land Use Map (FLUM) for 51 West 7(1t Street from residential medium (RM) density to commercial (CM). There is also an associate rezoning (REN22- 0002) for the same property. The property was developed around 1982 as an automotive repair garage. At that time, the property was zoned "Business B" which permitted automotive repair. In 1985, this property was rezoned to residential as part of a mass rezoning of the area. A use by exception was granted by the City Commission in 1986 to allow the continuation of the automotive repair garage (only as auto repair). It remained as an auto repair garage until the mid-1990s when Tietjen Technologies began operating from this property and has continued to do so. 1982 44. 1985 1986 Auto repair garage built Rezoned to Commieslon approval to IZoned "Business 9") residential continue auto repair Future Land Use Map Residential Medium Density (KM) saves (7) to fourteen (14) dwelling units per CO6r - Commercial (CM) TIMELINE Mid-1990s TI@tjgn technologies operates from properly 2022 Page 87 of 142 Agenda Item #9.B. 24 Oct 2022 The property is owned by Tietjen Technologies, Inc. According to their website, they perform structured cabling, fiber optics, CCTV, and building automation. The property is adjacent to commercial uses on the 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 while the western half is used for parking. Parking occurs on unpaved areas of the lot as well as within the city right-of-way, neither of which meets current parking lot standards. Similarly, the site does not meet current landscaping and buffer requirements. Residential Use Residential Use The 2030 Comprehensive Plan indicates 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 specifically 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." Page 88 of 142 Agenda Item #9.B. 24 Oct 2022 Relevant and applicable language from the City's Comprehensive Plan is listed below. Policy A.1.5.6 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 infill 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.1.10.5 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 specifically 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 Ovate schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities 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 _Residential uses, 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. Further, in considering a FLUM amendment application, Policy A.1.3.1 of the Comprehensive Plan states that the City shall find that each of the following conditions are demonstrated by the applicant seeking said amendment. a) There are adequate public facilities available to the proposed development. Page 89 of 142 Agenda Item #9.B. 24 Oct 2022 b) The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of the City and shall not impair or degrade scenic natural views. c) There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses, Additionally, Policy A,1,13.4 states that applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: (a) Consistency with the Goals, Objectives and Policies of this Plan; (b) Consistency with the Stale 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 aesthetic quality of the City, (e) The potential to cause deficiencies in adopted levels of service or to adversely impact available water supplies, public facilities, infrastructure and services. The Community Development Board heard this request at their September 20111 meeting and did not recommend approval of the amendment the FLUM based on "not meeting all of the required elements". RECOMMENDATION: The City Commission review and vote on Ordinance No. 90-22- 248 for COMP22-0001 to amendment the FLUM from RM to CM. ATTACHMENTS: Ordinance No. 90-22-248 Application CDB staff report CDB meeting minutes BUDGET: None REVIEWED BY CITY MANAGER: /G Page 90 of 142 10/18/2022 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 DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO COMMERCIAL (CM); PROVIDING FOR FINDINGS; PROVIDING FOR EFFECTIVE DATE OF PLAN AMENDMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR DISCLAIMER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission 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 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 future land use were largely developed prior to significant changes to the Land Development Regulations and the Official Zoning Map; 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 support of this Ordinance, and the City Commission finds as follows: a. This change in land use district classification 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. c. All development within lands subject to this future land use amendment and any future development shall be consistent with the zoning, subdivision, Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing construction or site alteration. d. The future land use designation of Commercial (CM) is consistent and compatible with the surrounding development and zoning districts. 01843572-1 Agenda Item #9.B. 24 Oct 2022 Page 91 of 142 Agenda Item #9.B. 24 Oct 2022 10/18/2022 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 more particularly described in Exhibit A, attached hereto and made a part hereof, are hereby reclassified from Residential Medium Density (RM) to Commercial (CM). This reclassification does not grant authority for any specific 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 official Future Land Use Map of the City of Atlantic Beach to reflect the change in future land use for those properties described in Exhibit A from Residential Medium Density (RM) to Commercial (CM). SECTION 4. Effective Date of this Plan Amendment. a. If the amendment meets the criteria of Section 163.3187, Florida Statutes, as amended, and is not challenged, the effective date of this plan amendment shall be thirty-one (31) days after adoption. b. If challenged within thirty (30) days after adoption, the plan amendment shall not become effective until the state land planning agency or the Administration Committee, respectively, issues a final order determining the adopted Small -Scale Amendment to be in compliance. SECTION 5. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 6. Severabilitv. If a Court of competent jurisdiction at any time finds 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 7. Disclaimer. The amendment granted herein shall not be construed as an exemption from any other applicable local, state or federal laws, regulations, requirements, permits or approvals. All other applicable local, state or federal permits or approvals shall be obtained before commencement of the development or use, and issuance of this amendment is based upon acknowledgement, representation and confirmation made by the applicant(s), owner(s), developer(s) and/or any authorized agent(s) or designee(s) that the subject business, development and/or use will be operated in strict compliance with all laws. Issuance of this amendment does not approve, promote or condone any practice or act that is prohibited or restricted by any federal, state or local laws. 01843572.1 2 Page 92 of 142 10/18/2022 SECTION 8. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of . 2022. PASSED by the City Commission on second and final reading 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 01847572.1 3 Agenda Item #9.B. 24 Oct 2022 Page 93 of 142 10/18/2022 EXHIBIT A The lands subject to this Ordinance No. 90-22-248 changing their future land use designation from Residential Medium Density (RM) to Commercial (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 7t" Street. 170816-0005 LOTS 1 AND 2, SECTION H, AS RECORDED IN PLAT BOOK 18, PAGE 34 OF THE CURRENT RECORDS OF DUVAL COUNTY, FLORIDA. 01843572-1 4 Agenda Item #9.B. 24 Oct 2022 Page 94 of 142 REZONING APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME IanTietjen ADDRESS 51 W 7th Street C(1'Y Atlantic Beach STATE FL Z1P CODE 32233 SITE INFORMATION ADDRESS 51 W 7th Street SUBDIVISION Atlantic Beach Sec H 03119 HE# 170816-0005 LOT/PARCEL SIZE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION 0.238 Commercial use Agenda Item #9.B. 24 Oct 2022 FOR INTERNAL OFFICE USE ONLY FILE# 1 Z 22— OGA © $500.00 Zoning Map Amendment 0 $1,000.00 Text Amendment EMAIL Brldget.Reyes@cablettl.eam PHONE A 9042700070 CELLA 904.916-6699 BLOCK 71 LOT 1,2 ZONING CODE USD3 REQUESTED PROVISIONS FROM WHICH WAIVER IS SOUGHT Change zone from residential to commercial. PROVIDE ALL OF THE FOLLOWING INFORMATION: 1. The names and addresses of all owners of the subject property. 2. The existing and proposed zoning district of the subject property. (Requested Action) 3. A statement of special reasons and justification to support the rezoning as requested. 4. The signature of each owner of the lands sought to be rezoned. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent _ Ian Tletlen 08/22122 TRE OF APPLICANT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me Pn this / day of Ali & U S T I Ati TIMER YES - DI. r, Identification verified; Oath Sworn: des ❑ No. nj 21 by N MARRON ary Signature .a cammirelen HH 206807 4-10 - O. cammiralen I'xplra yCommisslanexpires -Z ON Notary Publla Stste or Florida MM l Ij. 34111. 21 REZONINGAPPLICA170N0926.2019 APfll ib, 2020 _ ,mm•+•f DALE state ofFt- County of DIA A L- Page 95 of 142 FUTURE LAND USE MAP (PLUM) AMENDMENT City of Atlantic Beach ;) Community Development Department 7 BOO Seminole Road Atlantic Reach, FL 32233 (P) 904-247-5800 SITE INFORMATION ADDRESS 51 W 7th Street SUBDIVISION Atlantic Beach Sec H 03119 RE# 170816-0005 PARCEL SIZE CURRENT FLUM DESIGNATION RM PROPOSED FLUM DESIGNATION COMMERCIAL APPLICANT INFORMATION NAME Ian Tletien ADDRESS 51 W 7th Street CITY atlantic beach EMAIL Bridget.Reyes@cabletti.com CITY Atlantic Beach BLOCK # 71 Agenda Item #9.B. 24 Oct 2022 FOR INTERNAL OFFICE USE ONLY FILE # SMALL SCALE DEVELOPMENT STATE FL ZIP CODE 32233 LOT # 1,2 TOTAL ACREAGE 0138 ZONING CODE USd3 FLOOD ZONE PHONE # 904-270-0070 CELL # 904-916.6699 STATE FL ZIP CODE 32233 ® OWNER ❑ LEGAL AUTHORIZED AGENT REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT: Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for Issuance of any permit or Development Order. Use and development lands related to this land use map amendment, If approved, and any zoning change shall be subject to compliance with all applicable local Land Development Regulations, any State and Federal permitting requirements as well as Florida Building Code requirements far Category "C" construction. PROVIDE ALL OF THE FOLLOWING INFORMATION DESCRIPTION OF PROPOSED USE AND PROPOSED DEVELOPMENT ACTIVITY (ALSOINCLUDE ANI7CIPATEDDEVELOPMENT AND ANY PHASING SCHEDULE). This property has a warehouse on It and has since purchasing and is used as a commercial office. NUMBER OF WETLAND ACRES IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. 1 IDENTIFY ALL PUBLIC AND PRIVATE SERVICE PROVIDERS OF WATER, SEWER, ELECTRIC, SOLID WASTE, ETC. PROVIDE ESTIMATES OF WATER, SEWER AND SOLID WASTE DEMAND. IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. 22 FUTURE LAND USE AMENDMENT -SMALL 07.08.20 79 Page 96 of 142 Agenda Item #9.B. 24 Oct 2022 ESTIMATED IMPACT TO ADOPTED LEVEL OF SERVICE STANDARDS AS ESTABLISHED BY THE CAPITAL IMPROVEMENTS ELEMENT OF THE EFFECTIVE COMPREHENSIVE PLAN. APPLICATION PACKAGE CHECKLIST "Additional information may be required, depending upon circumstances unique to Individual applications 1. COVER PAGE: Identifying the project, 2, TABLE OF CONTENTS: Include a list of all exhibits and attachments. 3. STATEMENT: Statement addressing need and Justification for requested amendment. 4. APPLICATION: This form completed In it's entirety. 5, LIST OF ADJACENT PROPERTY OWNERS AND ENVELOPES: A list of adjacent property owners within 300 feet of the property including name, mailing address and their real estate number (located at the Property Appraiser's recent certified tax rolls). Include a legal size envelope addressed to each property owner on the list (do not Include a return address), Each envelope must contain proper postage. The order of the envelopeslnust match the order In which the names.eepear on the list. 6. PROOF OF OWNERSHIP: Deed or certificate by lawyer or abstract or title company that verifies record owner as above. 7. LETTER OF AUTHORIZATION: If the applicant is not the owner provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 8. SURVEY AND LEGAL DESCRIPTION: Current survey and legal description of property sought to be rezoned. 9. LOCATION MAP: General location map with property subject to application clearly identified. 10. SITE PLAN: Site plan containing the following if applicable to the proposed project (account for all land included). • Number and types of dwelling units • Type and square feet of commercial or industrial uses • Any existing structures and proposed use • Any open space, buffers and recreational areas • Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive Lands • Most recent aerial phonograph of site and surrounding lands • Drainage and storm water facilities and other infrastructure, Including ingress and egress, interna( access and roadways 11. REQUIRED NUMBER OF COPIES:One (1) digital copy - additional paper copy Is optional 12. APPLICATION FEE: $550.00 1 HEREBYCERTIFYTHAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent re IanTietJen 8/24/22 GNATURE OF APPLICANT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME DATE Signed and sworn before me on this Q`I day of V6 -I;15 VAL by . 14n - la4' rx! Identification verified: n- u� Oath Sworn: "Yes 17 No µ/w SHANNON MARE OH Notary Public -State o1 Florida jj '#•� Comrnte Ion 1 HH 208907 My Commission Expires .12 FUTURE LAND USE AMEN v Li. 07.08.21,001 10, 2026 ery Signature My Commission expires 41t.ei _- State of PL County of htlYQli 1 Page 97 of 142 Danielle Leigh Thompson RE# 170753-0000 49 W 7th Street Atlantic Beach FL 32233 Travis Ligon RE# 170818-0000 66 W 7th Street Atlantic Beach FL 32233 Christina Shafer RE #170818-0010 68 W 7th Street Atlantic Beach FL 32233 Agenda Item #9.B. 24 Oct 2022 Page 98 of 142 This kT lneanty Deed Made this lett day of November A.D. 2001 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, INC. whose post office address is: 51 W. 7th. Street Atlantic Beach, Florida 32233 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: Seller agrees to sell and Purchaser agrees to purchase the following 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 2. PURCHASE PRICE AND METHOD OF PAYMENT: The purchase price is $125,000.00, payable to Seller as follows: a) $20,000.00 deposit paid upon execution of this Agreement by Purchaser. This deposit shall be non-refundable unless Seller is not able to 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 in the manner herein specified, to make, execute, and deliver to Purchaser a good and sufficient Warranty Deed to the premises, free and clear of all liens and encumbrances. 4. CLOSING: Closing shall be held at the office 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 furnish 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: Seller will pay for a fee title insurance policy, stamps on the deed and the Closing Attorney fee. Purchaser shall pay all other closing costs. 6. DOCUMENTS: Within twenty (20) days after execution of this Agreement by Purchaser, Seller will furnish to Purchaser copies of all relevant materials affecting the property, including, but not limited to, site plans, surveys, title reports, zoning information, soil reports, environmental studies, agreements/requirements with, among and between governmental authorities concerning the property which Seller has in his possession. These documents shall become the property of Purchaser at closing. Agenda Item #9.B. 24 Oct 2022 Page 99 of 142 MAP SHOWING BOUNDARY SURVEY LOT /F f BLOCK . 7/ AS SHOWN ON MAP OF LTTt4MT/c D. 4cH 5 cr7O/v A5 RECORDED IN PLAT BOOK /B PAGE 94 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY FLORIDA- LoT •00 3o dcecsil 70 Ler / !00.00. [or D • • • FPM. • dao.!-ro_ • /- 5rr. Masa/✓,Qr BV/[O/NO N /00. 00/ LU/sT 5FV1,./7-,'-1 Sr. rtiliirower L ilb 16mMD�VYb LOM DrNED IrrnsotrrOSS D 1 wan WE 61 Y00.7 mtz SO •AID LIED L.D. BRADLEY LAND SURVEYOR. 5274 RAMONA BOULEVARD, JACKS0VVILLE FLORIDA 32205 AS SCALED FROM COMMUNITY PANEL N1 � ' eoo l D THIS SITE LIES IN FLOOD ZONE •• • . `K 1 HEREBY CERTIFY THAT THE SURVEY SHOWN HEREIN WAS MADE R1 ACCORDANCE W1TH THE ' MINIMUM TECHNICAL. STANDARDS " FOE LAND SURTING IN 7HSTATE .F FLORIDA. 7a IIH 6, F.A,!:• L.D. BRADLEY A DSR E • • DATE: 6.28.9/ FLORIDA REGISTRATION N 1380 SCALE: /".: 20• O.R. M 14604 7-91 ■ COAL DRw DAA. PTY. Reit. 07 r 06 9D Dr e. e.00•eo.. i o.4• LEGEND r ONO IOC 1110M AR{ K T Irr IRON Mt roUMD LDWO1411 111911lILWI 1 4.l ) LOMLDLTL DDM Or WAY N KDA• DESTRLTIOD til[ STORY D Llbtl1LE M MD1Dl Baum L DAT w 1001 �.8. PAGE AVE. AVENUE DA. OMK -x— rl'MFr... Agenda Item #9.B. 24 Oct 2022 Page 100 of 142 711413 0 N MAP SHOWING BOUNDARY SURVEY LOT /f 2 BLOCK 7/ AS SHOWN ON MAP OF Q71gn/T/C DE4CW r/oiv L1 AS RECORDED IN PLAT BOOK /B PAGE .34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY FLORIDA By: O ROBN-' Pie 0 • 0 moo. 00 [or 2 BcecK 100. 00 70 Ler / cor z Lor / La • ; fem.. o • is; 4 'r'e', 4 .e /• 57-r: Bureor.vG /00. 00' We -sr .EvEAvrN 577 NOTED TO M NOIlIS T PUSS 0/DSSED wr M ANED WITHOUT TIE &MEM TE MSIYETWMit O ZEAL AID WINED L.D. BRADLEY LAND SURVEYOR 5274 RAMONA BOULEVARD, JACKSONVILLE FLORIDA 32205 AS SCALED FROM COMMUNITY PANEL 0 __11"o15 eeei a THIS SITE LIES IN FLOOD ZONE • *t 1 HERESY CERTIFY THAT THE SURVEY SHOWN HEREIN WAS WIDEN ACCORDANCE WITH THE ' MINIMUM TECHNICAL STANDARDS " FOR LAND SURVIRG IN THE STATE FLORIDA. ahF01 6. F,A.C. L.D. BRADLEY LQ D SUR E DATE: 6• ?B•9/ FLORIDA REGISTRATION N 1380 SCALE; /"4-20' O.R. 1114604 7-91 •0O 9a D. I' 'vo•pe oa.. ✓. ! .5G'R-w' .0 0 ■ CONC. Pre CTT. REIL ST. •K. LEGEND Fa1RD 111- ROM PIPE EET IT ROM ME raw CONCRETE II MAIM (4.4 ) COMM, OHM OF NAT 505.050 REMTRICTIOM IAN STOAT REEOENOE ETROET AVENUE OR ORM —T— FTNC[ PAGE M OWN $ SOUTH 0 MT 44 MST Agenda Item #9.B. 24 Oct 2022 Page 101 of 142 91 HaLlAuronle pl I L91a rr 4 w Nsv rrh Ameotions Tra.11 P.rklrg yj Pnar,md 9 4'144 cae. as Re. ([11 cm11@'a *44 9 T ATMs fj Mofo Elecirlc th4 Vehir1F04.51e60H166 ppd Lrn ee4t a1: 70 SI,A1aTIC Ye§rh.FL77i88 i • -14 f1 Adrevege Flo15,.? 9 QMaryod C&C rleh,rl66 iII.NL+IrI 1` P41% fifrch PCea[.nry rld�lla for rwrna`uliolncr 4444414 41%412w Pr ❑E ee'..ap acs L �er�aCr N Agenda Item #9.B. 24 Oct 2022 rFRU GW II.. 1DOT 4 Page 102 of 142 Agenda Item #9.B. 24 Oct 2022 rmp Ilah41311W T Page 103 of 142 REZONING APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Ian Tletjen ADDRESS 51 W 7th Street CITY Atlantic Beach STATE FL SITE INFORMATION ADDRFS5 51 W 7th Street SUBDIVISION Atlantic Beach See H 03119 RE# 17081b-0005 ZIP CODE 32233 Agenda Item #9.B. 24 Oct 2022 FOR INTERNAL OFFICE USE ONLY FILE# 1Z4ZN ZZ— o161 5S00.00 Zonrng Map Amendment ❑ S1,000.00 Text Amendment EMAIL Bridget,Reyes@eabletti.com PHONE # 9042700070 CELL # 904-916.6699 BLOCK 71 LOT 1,2 LOT/PARCEL SIZE 1238 ZONING CODE USD3 COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Commercial use REQUESTED PROVISIONS FROM WHICH WAIVER IS SOUGHT Change zone from residential to commercial. PROVIDE ALL OF THE FOLLOWING INFORMATION: 1. The names and addresses of all owners of the subject property. 2. The existing and proposed zoning district of the subject property. (Requested Action) 3. A statement of special reasons and justification to support the rezoning as requested. 4. The signature of each owner of the lands sought to be rezoned. 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent Ian Tietjen 0R/22/22 ttGNATURE OF APPLICANT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this 1641 T1 CT3M Identification verified; 4 E S - day of L AU6UST 7042 - Oath Sworn: Il Yes ❑ No SHAgNON 141ARI4ON r/ w NoterY Puhlia•State or Florida $.�! •e commlastonIIHH209507 0 1�7n4✓fn i}, . My commission Expires Commission expires 4_1 .$ Aprlt JO, 2029 21 REZONING APPLICATION 09.26.2019 ary Signature DATE by State of FL County of DU IAL Page 104 of 142 AGENDA ITEM CASE NO. LOCATION APPLICANT DATE STAFF Agenda Item #9.B. 24 Oct 2022 CITY OF ATLAN'T'IC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.E COMP22-000I AND RCZN22-0002 Request for a Future Land Use Map (FLUM) amendment to change the_ Mare kind use designation from Residential Medium Density (RM) to Commercial (CM) and a zoning leap amendment to change the zoning, from Residential, General, Two -Family (RG) to Commercial, General (CG). 51 West 7111 Street (Lots 1,2 Blk 71 Section H) Ian Tietjen September 13, 2022 Brian Broedell, Principal Planner STAFF COMMENTS REQUEST; The applicant is requesting to change the future land use map and zoning map designation of 51 West 71 Street from residential to commercial. Currently, the property's future land use is designated as Residential Medium Density (RM) and it is zoned Residential, General, Two -Family (RG). The request is to change the future land use designation to Commercial (CM) and the zoning to Commercial, General (CG). HISTORY: The property was developed around 1982 as an automotive repair garage. At that time, the property was zoned "Business B" which permitted automotive repair. In 1985, this property was rezoned to residential as part of a mass rezoning of the area. A use by exception was granted by the City Commission in 1986 to allow the continuation of the automotive repair garage (only as auto repair). It remained as an auto repair garage until the mid-1990s when Tietjen Technologies began operating 1982 1985 1986 4) ) t Auto repair garage Iuift Rezoned to Commission approval to (Zoned "Business 8") residential continue auto repair Zoning Districts lin RG Residerrrial, General, Two -Family ilir CPO Commercial, Professional Office CL Commercial, Limited Commercial, General CG Property Location from this property and has continued to do so. TIMELINE Mid-1990s ZI&tion Technologies operates From property 2022 Page 105 of 142 Agenda Item #9.B. 24 Oct 2022 CURRENT CONDITIONS: The property is owned by Tietjen Technologies, Inc. According to their website, they perform structured cabling, fiber optics, CCTV, and building automation. The property is adjacent to commercial uses on the 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 while the western half is used for parking. Parking occurs on unpaved areas of the lot as well as within the city right-of-way, neither of which meets current parking lot standards. Similarly, the site does not meet current landscaping and buffer requirements. r. - Residential Use Commercial Use Commercial Use Residential Use Page 2 of S Page 106 of 142 Agenda Item #9.B. 24 Oct 2022 ANALYSIS & REVIEW View looking east Per Section 24-62(c)(2) of the Land Development Code, the Community Development Board shall "indicate the relationship of the proposed rezoning to the Comprehensive Plan for the City and provide a, finding that the requested change in zoning is consistent with the Comprehensive Plan". Relevant and applicable language from the City's Comprehensive Plan is listed below. Page3of5 Page 107 of 142 Agenda Item #9.B. 24 Oct 2022 Policy A.1,5.6 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 infiII 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 he in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. Policy 4.1.10.5 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 he 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 specifically 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 hanks and professional services, grocery and convenience stores, restaurants, aecredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensify commercial activities 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 ofoperation. Residential uses, 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. Further, in considering a FLUM amendment application, Policy 4.1,3.1 of the Comprehensive Plan states that the City shall find that each of the following conditions are demonstrated by the applicant seeking said amendment. a) There are adequate public facilities available to the proposed development. b) The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of the City and shall not impair or degrade scenic natural views, c) There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally, Policy A.1,13.4 states that applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: Page 4 of5 Page 108 of 142 Agenda Item #9.B. 24 Oct 2022 (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 aesthetic quality of the City, (e) The potential to 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 recommendation for 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 24th and November 14th 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 application for 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 Page 109 of 142 Present: MINUTES Community Development Board (CDB) Meeting Tuesday, September 20, 2022 - 6:00 PM �Trr Commission Chamber Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Jeff Haynie, Member Ellen Galotnhek, Member Absent: Linda Lanier, Member Sylvia Simmons, Member Also Present: Agenda Item #9.B. 24 Oct 2022 Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the August 16, 21122 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business, 4, NEW BUSINESS A. 1858 Beachside Court ZVAR22.0012 (Jeffrey Ritter) Request for a variance to reduce the minimum rear yard setback to build a motorized pergola at 1858 Beuchside Court. STAFF REPORT: Planner Genesi presented the information as explained in the staff report. She explained that the applicant received a variance several months ago but is seeking a different footprint, therefore, a new variance request is required. She also provided a PowerPoint presentation, APPLICANT REPORT: Suzanne Ritter explained that they were previously going to do an awning style of pergola and now she found this product that is motorized. She said it will allow them to shut the louvers when it rains and open them for light. Community Development [Hard (CDB) September 20, 2022 Page 1 of 6 Page 110 of 142 Agenda Item #9.B. 24 Oct 2022 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 special consideration). Motion: Second: Jeff Haynie Jennifer Lagner Jennifer Lagner (Seconded By) Kirk Hansen James Moyer Jeff Haynie (Moved By) Ellen Golombek For For For For For Motion passed S 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 explained in the staff report. She explained that a stop work order was issued for an unpermitted shed. The applicant submitted a second building permit that 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 application which 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 he didn't realize he needed a permit until he was was issued the stop work order. He said that he had a contractor move it 5 feet from the property line, put hurricane ties in and anchor it on lower blocks. Mr. Havens said the contractor told him it was under the 12 feet height. Community Development Board (CDB) September 20, 2022 Page 2 of 6 Page 111 of 142 Agenda Item #9.B. 24 Oct 2022 Mr. Moyer asked if the contractor mentioned getting 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 opened the 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 Second: James Moyer Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Jeff Haynie For Ellen Golombek (Moved By) For Motion passed S 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. Ms. Golombek asked what would the homeowner lose if the variance wasn't approved. Mr. West said he would lose the porch and the mudroom. Chair Hansen said that the Board has encountered similar requests. He explained that 10-15 years ago the City Commission wanted to change the BRL from 25 feet to 20 feet but deemed it too difficult to do so. Chair Hansen said he doesn't see any difference with this request than what has previously been approved. Ms. Golombek asked if this BRL could be permanently change electronically. Ms. Durden said that it would have all the property owners (500+) signatures and any mortgage holders signatures. She explained that this was looked into Community Development Board (CDB) September 20, 2022 Page 3 of 6 Page 112 of 142 Agenda Item #9.B. 24 Oct 2022 a couple years 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 improvement upon the property). Motion: Jennifer Lagner Second: Ellen Golombek Jennifer Lagner (Moved By) For Kirk Hansen For James Moyer For Jeff Haynie For Ellen Golombek (Seconded By) For Motion passed S to 0. D. 60 Ocean Boulevard UBEX22-0007 (Salumeria 104) Request for a use -by -exception to allow on -premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district at 60 Ocean Boulevard. STAFF REPORT: Director Askew presented the 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 soon. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: There was no further discussion. Community Development Board (CDB) September 20, 2022 Page 4 of 6 Page 113 of 142 Agenda Item #9.B. 24 Oct 2022 MOTION: To APPROVE UBEX22-0007 to allow on -premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district. Motion: James Moyer Second: Jeff Haynie Janes Moyer (Moved By) For Jeff Haynie (Seconded By) For Jennifer Lagner 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) TO 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) TO Commercial (CM). STAFF REPORT: Director Askew presented the information as explained in 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 provided a PowerPoint presentation. APPLICANT REPORT: The applicant explained that they have been at the location since around 2003. He said they do all of their work off-site and the business is an office, storage of materials and vehicles. The applicant said they don't plan to make any changes. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. 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 Comprehensive Plan and understood that 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 explained that 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 possible to add conditions to a rezoning approval. She said the applicant can voluntarily agree to conditions. MOTION: Recommend to the City Commission to DENY REZN22-0002 and COMP22- 0001. The motion is based on not meeting all of the required elements. Motion: Jeff Haynie Second: Ellen Golombek Community Development Board (CDB) September 20, 2022 Page 5 of 6 Page 114 of 142 Agenda Item #9.B. 24 Oct 2022 Jennifer Lagner Against Kirk Hansen Against James Moyer For Jeff Haynie (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, 2022 Pagc 6 of 6 Page 115 of 142 Page 116 of 142 AGENDA ITEM: SUBMITTED BY: TODAY'S DATE: MEETING DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Ordinance No. 90-22-249 (REZN22-0002 for 51 West 7`1' Street). Request to rezone from Residential. General, Two -Family (RG) to Commercial, General (CG) Amanda Askew, A1CP, Director of Planning & Comm. Dev, Oct. 12, 2022 Oct. 24, 2022 BACKGROUND: The applicant is requesting to rezone 51 West Street from Residential, General, Two -Family (RG) to Commercial, General (CG). This property is also related to the Future Land Use Map change (COMP22-0001). The property is adjacent to commercial uses on the 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 while the western half is used for parking. Parking occurs on unpaved areas of the lot as well as within the city right-of-way, neither of which meets current parking lot standards. Similarly, the site does not meet current landscaping and buffer requirements. Zoni nq Districts Agenda Item #9.C. 24 Oct 2022 RG Residential, General, Two-Famillir y iii CPD Commercial, Professional Office CL Commercial, Limited 4_11/ 111 CG Commercial, General Property Location As indicated in the staff report for the associated the Future Land Use Map (FLUM) amendment (Comp22-0001) this property has been used as various commercial uses since 1982. Shortly, the city initiated a large rezoning and change this property from a commercial zoning district to a residential zoning district. One year later Commission granted and use by exception for the continuation of the commercial use (automotive repair garage). The properties to the north and east is zoned commercial and properties to the west and south are zoned RG. The land uses reflect the associated zoning districts except for this property. The FLUM designations reflect the existing land uses and zoning districts except for this property. The associated FLUM amendment must be changed in order to grant the rezoning. Page 117 of 142 Agenda Item #9.C. 24 Oct 2022 Residential � Use Commercial Use Residential Use Page 118 of 142 Agenda Item #9.C. 24 Oct 2022 The Community Development Board heard this request along with the FLUM at their September 20th meeting and did not recommend approval of the amendment the FLUM and rezoning based on "not meeting all of the required elements". RECOMMENDATION: The City Commission review and vote on Ordinance No. 90-22- 249 for REZN22-0002 to amendment the FLUM from RM to CM. ATTACHMENTS: Ordinance No. 90-22-249 Application CDB staff report CDB meeting minutes BUDGET: None REVIEWED BY CITY MANAGER: Page 119 of 142 Agenda Item #9.C. 24 Oct 2022 10/18/2022 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; PROVIDING FOR CONTINGENCY; PROVIDING FOR DISCLAIMER; AND PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the change in zoning classification 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 classification were largely developed prior to significant changes to the Land Development Regulations and the Official Zoning Map; 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 support of this Ordinance, and the City Commission finds as follows: a. This change in zoning district classification 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 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 Use Map designation and the goals, policies and objectives of the City's adopted Comprehensive Plan. c. All development within lands subject to this rezoning to Commercial, General (CG) and any future development shall be consistent with the zoning, subdivision, Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing construction or site alteration. d. The zoning district classification of Commercial, General (CG) is consistent and compatible with the surrounding development and zoning districts. Page 120 of 142 10/18/2022 SECTION 2. Affected Properties. Pursuant to this change in zoning district designation procedure, the zoning district classification 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 reclassified as Commercial, General (CG) from Residential, General, Two-family (RG). This reclassification does not grant authority for any specific 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 official Zoning Map of the City of Atlantic Beach to reflect the change in zoning classification for those properties described in Exhibit A from Residential, General, Two-family (RG) to Commercial, General (CG). SECTION 4. Contingency. This rezoning shall not become effective until thirty-one (31) days after adoption unless timely challenged under Florida law; and further provided that if the companion Small -Scale Amendment (Ordinance 90-22-248) is timely challenged under Florida law, this rezoning shall not become effective until the state land planning agency or the Administration Commission issues a final order determining the companion Small -Scale Amendment is in compliance with Chapter 163, Florida Statutes. SECTION 5. Disclaimer. The rezoning granted herein shall not be construed as an exemption from any other applicable local, state or federal laws, regulations, requirements, permits or approvals. All other applicable local, state or federal permits or approvals shall be obtained before commencement of the development or use, and issuance of this rezoning is based upon acknowledgement, representation and confirmation made by the applicant(s), owner(s), developer(s) and/or any authorized agent(s) or designee(s) that the subject business, development and/or use will be operated in strict compliance with all laws. Issuance of this rezoning does not approve, promote or condone any practice or act that is prohibited or restricted by any federal, state or local laws. SECTION 6. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 7. Severability. If a Court of competent jurisdiction at any time finds 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. 2 Agenda Item #9.C. 24 Oct 2022 Page 121 of 142 10/18/2022 SECTION 8. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this _ day of , 2022. PASSED by the City Commission on second and final reading this day of 2022. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 3 CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Agenda Item #9.C. 24 Oct 2022 Page 122 of 142 10/18/2022 EXHIBIT A The lands subject to this Ordinance No. 90-22-249 changing their zoning district designation from Residential, General, Two-family (RG) to Commercial, General (CG) shall be those described below. Address 51 West 7th Street RE Number Legal Description 170816-0005 LOTS 1 AND 2, SECTION H, AS RECORDEL IN PLAT BOOK 18, PAGE 34 OF THF CURRENT RECORDS OF DUVAL COUNTY 4 Agenda Item #9.C. 24 Oct 2022 Page 123 of 142 FUTURE LAND USE MAP (FLUM) AMENDMENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 SITE INFORMATION ADDRESS 51 W 7th Street SUBDIVISION Atlantic Beach Sec H 03119 RE# 176816.0005 PARCEL SIZE CURRENT FLUM DESIGNATION RM PROPOSED FLUM DESIGNATION COMMERCIAL APPLICANT INFORMATION NAME IanTietien ADDRESS 51 W 7th Street CITY atlantic beach EMAIL Brldaet,Reyes@cablettl.com CITY Atlantic Beach BLOCK N 71 Agenda Item #9.C. 24 Oct 2022 FOR INTERNAL OFFICE USE ONLY FILE # SMALL SCALE DEVELOPMENT STATE FL ZIP CODE 32233 LOT fl 1,2 TOTAL ACREAGE 0.238 ZONING CODE U5D3 FLOOD ZONE PHONE # 904-270.4070 CELL# 944-916.6699 STATE FL ZIP CODE 32233 ® OWNER ❑ LEGAL AUTHORIZED AGENT REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT: Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for Issuance of any permit or Development Order. Use and development lands related w this land use map amendment, if approved, and any zoning change shall be subject to compliance with all applicable local Land Development Regulations, any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C" construction, PROVIDE ALL OF THE FOLLOWING INFORMATION DESCRIPTION OF PROPOSED USE AND PROPOSED DEVELOPMENTACT3VITY(ALSOINCLt1DEANTICIPATED DEVELOPMENT AND ANY PHASING SCHEDULE). This property has a warehouse on It and has since purchasing and Is used as a comrnercialofflee. NUMBER OF WETLAND ACRES IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS. ANY LISTED OR ENDANGERED SPECIES OR HABITATS. IDENTIFY ALL PUBLIC AND PRIVATE SERVICE PROVIDERS OF WATER, 5EWER, ELECTRIC, SOLID WASTE, ETC. PROVIDE ESTIMATES OF WATER, SEWER AND SOLID WASTE DEMAND. IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. 22 FUTURE LAND USE AMENOMENT--SMALL 07.00.2079 Page 124 of 142 Agenda Item #9.C. 24 Oct 2022 ESTIMATED IMPACT TO ADOPTED LEVEL OF SERVICE STANDARDS AS ESTABLISHED BY THE CAPITAL IMPROVEMENTS ELEMENT OF THE EFFECTIVE COMPREHENSIVE PLAN. APPLICATION PACKAGE CHECKLIST "Additional informatIon may be required, depending upon circumstances unique to Individual applications 1. COVER PAGE Identifying the protect. 2, TABLE OF CONTENTS: Include a list of all exhibits and attachments. 3. STATEMENT: Statement addressing need and justification for requested amendment. 4. APPLICATION: This form completed in It's entirety. 5. LIST OF ADJACENT PROPERTY OWNERS AND ENVELOPES: A list of adjacent property owners within 300 feet of the property including name, mailing address and their real estate number (located at the Property Appraiser's recent certified tax rolls). Include a legal size envelope addressed to each property owner an the list (do not Include a return address). Each envelope must contain proper postage. The order of the envelopes must match the order In which the nanlgi appear on the list. 6. PROOF OF OWNERSHIP: Deed or certificate by lawyer or abstract or title company that verifies record owner as above. 7. LETTER OF AUTHORIZATION: lithe applicant Is not the owner provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 8. SURVEY AND LEGAL DESCRIPTION: Current survey and legal description of property sought to be rezoned. 9. LOCATION MAP: General location map with property subject to application clearly identified. 10. SITE PLAN: Site plan containing the following if applicable to the proposed project (account for all land included). A Number and types of dwelling units • Type and square feet of commercial or industrial uses • Any existing structures and proposed use • Any open space, buffers and recreational areas • Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive Lands • Most recent aerial photograph of site and surrounding lands • Drainage and storm water facilities and other infrastructure, Including ingress and egress, Internal access and roadways 11. REQUIRED NUMBER OF COPIES:One (1) digital copy - additional paper copy Is optional 12. APPLICATION FEE $550.00 I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED 1S CORRECT: Signature of Property Owner(s) or Authorized Agent Ian Tletjen 8/24/22 " SIGNATURE OF APPLICANT PRINTOR TYPE NAME DATE SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME DATE Signed and sworn before me on this ok4 day of N U6t1 5I apo a an1letjl' Identification verified: YL Pt.__ Oath Sworn: fg'Yes II No VI'+,� SHANNON Ps AAtiON Notary Publlc•Stete of Florida •e Commission a HH 208807 My Commission Expires 22 FUTURE LAND USE AMEN[ ~1 ALL 07.08.2t061110. 202e by State of 1= I _ County of r) t)\I A ary Signature My Commission expires 4ilOtaQ 1n a Page 125 of 142 Danielle Leigh Thompson RE# 170753-0000 49 W 7th Street Atlantic Beach FL 32233 Travis Ligon RE# 170818-0000 66 W 7th Street Atlantic Beach FL 32233 Christina Shafer RE #170818-0010 68 W 7th Street Atlantic Beach FL 32233 Agenda Item #9.C. 24 Oct 2022 Page 126 of 142 This Q' ty Deed Made this 1st day of November A.D. 2001 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, INC. whose post office address is: 51 W. 7th. Street Atlantic Beach, Florida 32233 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: Seller agrees to sell and Purchaser agrees to purchase the following 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 2. PURCHASE PRICE AND METHOD OF PAYMENT: The purchase price is $125,000.00, payable to Seller as follows: a) $20,000.00 deposit paid upon execution of this Agreement by Purchaser. This deposit shall be non-refundable unless Seller is not able to 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 in the manner herein specified, to make, execute, and deliver to Purchaser a good and sufficient Warranty Deed to the premises, free and clear of all liens and encumbrances. 4. CLOSING: Closing shall be held at the office 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 furnish 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: Seller will pay for a fee title insurance policy, stamps on the deed and the Closing Attorney fee. Purchaser shall pay all other closing costs. 6. DOCUMENTS: Within twenty (20) days after execution of this Agreement by Purchaser, Seller will furnish to Purchaser copies of all relevant materials affecting the property, including, but not limited to, site plans, surveys, title reports, zoning information, soil reports, environmental studies, agreements/requirements with, among and between governmental authorities concerning the property which Seller has in his possession. These documents shall become the property of Purchaser at closing. 1 Agenda Item #9.C. 24 Oct 2022 Page 127 of 142 k N MAP SHOWING BOUNDARY SURVEY LOT /€ z BLOCK 11 AS SHOWN ON MAP OF 4r[.4N7 /c D e'dcw o v AS RECORDED IN PLAT BOOK /g PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY FLORIDA ay: �aoeH Lor Ptd. a• 0° X00 '0 dcdcKl 7o loo. oo' 1, m ear / C 9° / U Flom. p . donrYre'+ 4 .o,_. /. 5r r B� eo rNa V /00. oOr JA/�sr SEVE�/rf 1 ST. 110712 1m �o 111)11717 nitWAS uat oe+mr iwinw vanJL NO Swim L.D. BRADLEY LAND SURVEYOR 5274 RAMONA BOULEVARD, JACKSONVILLE FLORIDA 32205 AS SCALED FROM COMMUNITY PANEL N 15 enol D THIS SITE LIES IN FLOOD ZONE x 1 HEREBY CERTory THAT THE SURVEY SHOWN HEREIN WAS MADE IN ACCORDANCE WITH THE " MINIMUM TECHNI;AI. STANDARDS " FOR LAND SUR TING IN jHSTAi��FLORIDA.��s FM 6. F.A.C. 1 L.D. BRADLEY LAND SURVEY9R FLORIDA REGISTRATION N 1380 -' 0.R. M 14604 7-91 DATE: 628.5/ SCALE: so _ _w• LEGEND • roVAe ur MON rt't o OIT ore- MINI rlrt ■ rM CONCR[TE NONURNT 1 4.4 1 CONC. tbNCMTt NW RIM 0r WAV • OUADNr M:ITM61100 LIN $TY. ITORY Mit REItVNCt N NORTH It $TAEET t ROOM AVE. AVINUt E EMT 00. OR,VE w VETT —X— fin, k.8. PAGE Agenda Item #9.C. 24 Oct 2022 Page 128 of 142 311413 MAP SHOWING BOUNDARY SURVEY LOT e BLOCK AS SHOWN ON MAP OF Art 4,5.177C D k"4CW 5c 0,4/17 AS RECORDED IN PLAT BOOK .49 PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY FLORIDA ' I3y a.4,4 2 RV PI • 0 a • o 9 0 at, C E. •Al. 100. 00' To 0 /CO. 00' C / Car / .44M Zap.. /• 5rr: nieleol./RY .5.v/co v Tie -1 S7 NOM DEB mover 1113 ITEPARED WITIOUT THE !INERT Cr A 11TUE NISTRAL T. INS SURVEY IS NOT VAUD UNLESS DIMMED WITH OURVEYONI SEAL NE OWED L.D. BRADLEY LAND SURVEYOR 5274 RAMONA BOULEVARD, JACKSONVILLE FLORIDA 32205 AS SCALED FROM COMMUNITY PANEL H 0.01 D THIS SITE LIES IN FLOOD ZONE 1HEREBY CERTIFY THAT THE SURVEY SHOWN HEREIN WAS MADE M ACCORDANCE WITH THE "MINIMUM TECHNICAL ISTAIOARDS " FoK LAND SUR VINO IN H STATE F FLORIDA. It; HH 6, F,A.C, L.D. BRADL 1, A DS R E DATE: 6. r8„9/ FLORIDA REGISTRATION 0 380 SCALE: /".:- 0.R. # 14604 7-91 9° 00 -5 - • / ' • 3 • 4 CEdetib • rouse Ifril011 o WET 112" NOR Pr! W SOUND CONCRETE NORUENNT (4.4) CONE CONCRETE NM NOW EV WAY P ALL IMAMS 110111 14011411 LIN R70. REIN KNOLINE N NORTH STREET sovni AVE AVENUE 11 IASI OR, Dorn W WEST //RCS PAGE Agenda Item #9.C. 24 Oct 2022 Page 129 of 142 ••.1h� R•st•annts M4 t10•I1 O An.ceUuns 9 5ea^1!S POD o FC,a;' Tramit p Polking gf Phornwolos MAIM* Fog""' L31533 QA y� : ra. ^r ru.r411p,T.^,1., 4N a'.u•'L Contra, wo enol C-!tstl.rilyt 4 way $ Maer,t C8C alfhefloo &swA.: M81t1 EIFCIIiF Yhldes- 8•lea Off mrt.nMa+e c�N With a '°wa•�Te1�.F N Fdultage Flan15,9T ICi�r rylal c4N i'"al+ it 1l 10.41114, krarnnl ftnrgo. rm rlwnaNly nlf Lt 9 bLA s-:e_cy..ot a Na.inuo f'•e k I flan Ma+I r+J Gan J 4 d' Go ,ple 8a �r�V t6b ��G q dua177.le. r Agenda Item #9.C. 24 Oct 2022 a a tw i• '1. Ala IPA Page 130 of 142 Agenda Item #9.C. 24 Oct 2022 Hpedi.^_terirli% Ci4) 1'e�4'I CrI t Page 131 of 142 AGENDA ITEM CASE NO. LOCATION APPLICANT DATE STAFF Agenda Item #9.C. 24 Oct 2022 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.E COMP22-0001 AND REZN22-0002 Request for a Future Land Use Map (FLUM) amendment to change the (inure land use designation frour Residential Medium Density (RM) to Commercial (CM) and a zoning map amendment to change the zoning .from Residential, General, Two -Family (RG) to Commercial, General (CG). 51 West 7th Street (Lots 1,2 Mk 71 Section H) Ian Tietjen September 13, 2022 Brian Broedell, Principal Planner STAFF COMMENTS REOUEST: The applicant is requesting to change the future land use map and zoning map designation of 51 West DI' Street from residential to commercial. Currently, the property's future land use is designated as Residential Medium Density (RM) and it is zoned Residential, General, Two -Family (RG). The request is to change the future land use designation to Commercial (CM) and the zoning to Commercial, General (CG). HISTORY: The property was developed around 1982 as an automotive repair garage. At that time, the property was zoned `Business B" which permitted automotive repair. In 1985, this property was rezoned to residential as part of a mass rezoning of the area. A use by exception was granted by the City Commission in 1986 to allow the continuation of the automotive repair garage (only as auto repair). It remained as an auto repair garage until the mid-1990s when Tietjen Technologies began operating from this property and has continued to do so. Zonin4Districts IWRG Residential, General, Two-Famili MICPO Commercial, Professional Office J - CL Commercial, Lieuk& I. CG Commercial, General [L/t'flr _. Property ,►. , Location li-4/777z2. 1982 1985 1986 Auto repair garage built Rezoned to (Zoned "Business B") residential Commission approVel tO continue auto repair TIMELINE Mid-1990s Tido Technologies operates from property 2022 Page 132 of 142 Agenda Item #9.C. 24 Oct 2022 CURRENT CONDITIONS: The property is owned by Tietjen Technologies, Inc. According to their website, they perform structured cabling, fiber optics, CCTV, and building automation. The property is adjacent to commercial uses on the 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 while the western half is used for parking. Parking occurs on unpaved areas of the lot as well as within the city right-of-way, neither of which meets current parking lot standards. Similarly, the site does not meet current landscaping and buffer requirements. Page 2of5 Page 133 of 142 Agenda Item #9.C. 24 Oct 2022 View looking east ANALYSIS & REVIEW Per Section 24-62(c)(2) of the Land Development Code, the Community Development Board shall "indicate the relationship of the proposed rezoning to the Comprehensive Plan Or the City and provide a finding that the requested change in zoning is consistent with the Comprehensive Plan". Relevant and applicable language from the City's Comprehensive Plan is listed below. Page 3 of 5 Page 134 of 142 Agenda Item #9.C. 24 Oct 2022 Policy A.1.5.6 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 infilI 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.1.10.5 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. Polity A.1.11.1 (b) Commercial —'l'he 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 specifically 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 retai' 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 commercial' activities 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 ofoperation. Residential uses, 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. Further, in considering a FLUM amendment application, Policy A.I.3.1 of the Comprehensive Plan states that the City shall Lind that each of the following conditions are demonstrated by the applicant seeking said amendment. a) There are adequate public facilities available to the proposed development. b) The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of the City and shall not impair or degrade scenic natural views. e) There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally, Policy A.1.13.4 states that applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors; Page 4 of 5 Page 135 of 142 Agenda Item #9.C. 24 Oct 2022 (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 aesthetic quality of the City, (e) The potential to 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 recommendation for 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 24th and November 14tH 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 application for substantially the same proposal, on the same property, until after three hundred sixty-five (365) days from the date of the denial. Page 5 01'5 Page 136 of 142 Present: MINUTES Community Development Board (CDB) Meeting Tuesday, September 20, 2022 - 6:00 PM Commission Chamber Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Jeff Haynie, Member Ellen Ciolombek, Member Absent: Linda Lanier, Member Sylvia Simmons, Member Also Present: Agenda Item #9.C. 24 Oct 2022 Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the August 16, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1858 Beachside Court ZVAR22-0012 (Jeffrey Ritter) Request for a variance to reduce the minimum rear yard setback to build a motorized pergola at 1858 Beachside Court. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She explained that the applicant received a variance several months ago but is seeking a different footprint, therefore, a new variance request is required. She also provided a PowerPoint presentation. APPLICANT REPORT: Suzanne Ritter explained that they were previously going to do an awning style of pergola and now she found this product that is motorized. She said it will allow them to shut the louvers when it rains and open them for light. Community Development Board (CDR) September 20, 2022 Page 1 of G Page 137 of 142 Agenda Item #9.C. 24 Oct 2022 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 special consideration). Motion: Jeff Haynie Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Kirk Hansen For James Moyer For Jeff Haynie (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 explained in the staff report. She explained that a stop work order was issued for an unpermitted shed. The applicant submitted a second building permit that 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 application which 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 he didn't realize he needed a permit until he was was issued the stop work order. He said that he had a contractor move it 5 feet from the property line, put hurricane ties in and anchor it on lower blocks. Mr. Havens said the contractor told him it was under the 12 feet height. Community Development Board (CDB) September 20, 2022 Page 2 of 6 Page 138 of 142 Agenda Item #9.C. 24 Oct 2022 Mr. Moyer asked if the contractor mentioned getting 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 opened the 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 Second: James Moyer Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Jeff Haynie 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. Ms. Golombek asked what would the homeowner lose if the variance wasn't approved. Mr. West said he would lose the porch and the mudroom. Chair Hansen said that the Board has encountered similar requests. He explained that 10-15 years ago the City Commission wanted to change the BRL from 25 feet to 20 feet but deemed it too difficult to do so. Chair Hansen said he doesn't see any difference with this request than what has previously been approved. Ms. Golombek asked if this BRL could be permanently change electronically. Ms. Durden said that it would have all the property owners (500+) signatures and any mortgage holders signatures. She explained that this was looked into Community Development Board (CDB) September 20, 2022 Page 3 of 6 Page 139 of 142 Agenda Item #9.C. 24 Oct 2022 a couple years 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 improvement upon the property). Motion: Jennifer Lagner Second: Ellen Golombek Jennifer Lagner (Moved By) For Kirk Hansen For James Moyer For Jeff Haynie 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 of alcoholic beverages within the Central Business District (CBD) zoning district at 60 Ocean Boulevard. STAFF REPORT: Director Askew presented the 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 soon. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: There was no further discussion. Community Development Board (CDB) September 20, 2022 Page 4 of 6 Page 140 of 142 Agenda Item #9.C. 24 Oct 2022 MOTION: To APPROVE UBEX22-0007 to allow on -premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district. Motion: Janes Moyer Second: Jeff Haynie Janes Moyer (Mored By) For Jeff Haynie (Seconded By) For Jennifer Lagner For Kirk Hansen For Ellen Golontbek 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) TO 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) TO Commercial (CM). STAFF REPORT: Director Askew presented the information as explained in 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 provided a PowerPoint presentation. APPLICANT REPORT: The applicant explained that they have been at the location since around 2003. He said they do all of their work off-site and the business is an office, storage of materials and vehicles. The applicant said they don't plan to make any changes. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. 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 Comprehensive Plan and understood that 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 explained that 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 possible to add conditions to a rezoning approval. She said the applicant can voluntarily agree to conditions. MOTION: Recommend to the City Commission to DENY REZN22-0002 and COMP22- 0001. The motion is based on not meeting all of the required elements. Motion: Jeff Haynie Second: Ellen Golombek Community Development Board (CDB) September 20, 2022 Page 5 of 6 Page 141 of 142 Agenda Item #9.C. 24 Oct 2022 Jennifer Lagner Against Kirk Hansen Against James Moyer For Jeff Haynie (Mored By) For Ellen Golontbek (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, 2022 Page 6 of 6 Page 142 of 142