10-23-23 Draft AgendaCity of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, October 23, 2023 - 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 Special Called Meeting held on August 22, 2023.
8-22-23 Special Called Meeting of the City Commission Draft Minutes
5 - 7
2.COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3.CITY MANAGER REPORTS
3.A.Accept the 90-Day Calendar (Nov. 2023 - Jan. 2024)
90-Day Calendar (Nov. 2023 - Jan. 2024)
9 - 12
4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4.A.Charter Officer Performance Reviews (Mayor Ford)
Charter Officer Performance Evaluation Form
13 - 14
5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6.CONSENT AGENDA
7.COMMITTEE REPORTS
8.ACTION ON RESOLUTIONS
8.A.RESOLUTION NO. 23-46
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY
MANAGER TO SIGN A NEW MAINTENANCE AGREEMENT BETWEEN THE CITY OF
ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
Resolution No. 23-46
15 - 30
8.B.RESOLUTION NO. 23-48
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO
31 - 46
Page 1 of 106
Regular City Commission - 23 Oct 2023
SIGN THE STATE OF FLORIDA MUTUAL AID AGREEMENT 2023
Resolution No. 23-48
9.ACTION ON ORDINANCES
9.A.ORDINANCE NO. 31-23-16, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF 2030 OF MAP USE THE FUTURE THE AMENDING FLORIDA, LAND
LANDS THOSE OF DESIGNATION CHANGE TO PLAN COMPREHENSIVE THE
DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM)
TO PROVIDING FOR CONFLICT; COMMERCIAL PROVIDING (CM); FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 31-23-16
47 - 76
9.B.ORDINANCE NO. 90-23-251, 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); AND RECORDATION; FACT; REQUIRING FINDINGS PROVIDING OF
PROVIDING AN EFFECTIVE DATE.
Ordinance No. 90-23-251
77 - 106
10.MISCELLANEOUS BUSINESS
11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13.ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
Page 2 of 106
Regular City Commission - 23 Oct 2023
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 at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233.
Page 3 of 106
Page 4 of 106
Special Called Meeting of the City Commission
August 22, 2023
MINUTES
Special Called Meeting of the City Commission
Tuesday, August 22, 2023 - 5:30 PM
Commission Chamber
INVOCATION AND PLEDGE TO THE FLAG
DCC Nichols called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Absent: Bruce Bole, Commissioner - Seat 2 (District 1308)
Also Present: Joe Gerrity, Interim City Manager (CM)
Jason Gabriel, City Attorney (CA)
Ladayija Nichols, Deputy City Clerk (DCC)
Kevin Hogencamp, Deputy City Manager (DCM)
1. CALL TO ORDER AND ROLL CALL
Mayor Ford called the meeting to order at 5:31 PM.
2. PUBLIC COMMENT
DCC Nichols called each speaker to the podium.
Amy Rose spoke in support of Mr. Killingsworth.
3. ACTION ON RESOLUTIONS
A. Resolution No. 23-34
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPOINTING BILL KILLINGSWORTH AS CITY MANAGER AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER ____, 2023;
AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS
NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT
AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF BILL
KILLINGSWORTH TO SERVE AS CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
Page 1 of 3
Agenda Item #1.A.23 Oct 2023
Page 5 of 106
Special Called Meeting of the City Commission
August 22, 2023
The start date for Mr. Killingsworth will be September 26, 2023.
8-22-23 Attachment A
MOTION: Approve Resolution No. 23-34.
Motion: Michael Waters
Second: Candace Kelly
Commissioner Ring thanked the Mayor, Cathy Varian, HR Director (HRD) and CM Gerrity for
their work with the contract.
Commissioner Waters expressed gratitude for the process.
CM Gerrity read a statement from Commissioner Bole (which is attached hereto and made a
part of this Official Record as Attachment A).
Mayor Ford thanked CM Gerrity and HRD Varian for their work and expressed his gratitude for
the process.
Curtis Ford For
Michael Waters (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 4 to 0.
CA Gabriel mentioned that Mr. Killingsworth would like a signed version of the contract by the
end of the week.
4. ADJOURNMENT
The meeting adjourned at 5:38 p.m.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved:________________
Page 2 of 3
Agenda Item #1.A.23 Oct 2023
Page 6 of 106
Attachment A to 8-22-23 Minutes
Page 3 of 3
Agenda Item #1.A.23 Oct 2023
Page 7 of 106
Page 8 of 106
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:90-Day Calendar for the Mayor and Commission
SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City Manager
TODAY’S DATE:October 12,2023
MEETING DATE:October 23,2023
BACKGROUND: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:N/A
BUDGET:None
RECOMMENDATION:Approve the 90-Day Calendar for November 2023 —January 2024
ATTACHMENT:1)Mayor and Commission 90-Day Calendar (November 2023 —January
2024)
REVIEWED BY CITY MANAGER:
Agenda Item #3.A.23 Oct 2023
Page 9 of 106
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Agenda Item #3.A.23 Oct 2023
Page 12 of 106
REVIEW PERIOD:From:To:DATE OF EVALUATION:
TYPE OF EVALUATION:|:|ANNUAL OTHER
CITY OF ATLANTIC BEACH
Charter Officer Performance Evaluation
The purpose of this appraisal is to evaluate performance,pinpoint strengths and accomplishments,and provide
suggestions for improvement.In conducting performance reviews,these evaluations will provide a history of
performance,development and progress.
CHARTER OFFICER NAME:TITLE:
DATE OF INITIAL/LAST REVIEW:
PERFORMANCE RATINGS
Far Exceeds Requirements:Performance was consistently well beyond requirements
Exceeds Requirements:Performance consistently exceeded responsibilities,standards and objectives
Meets Requirements:Performance consistently met the majority of responsibilities,standards and objectives
Below Requirements:Performance frequently did not meet requirements
Well Below Requirements:Performance consistently fell well below requirements
SECTION 1.PERFORMANCE TASKS/STANDARDS.Please rate the ability of the Charter Officer to complete
the res onsibilities assi ned b the Charter.
Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds
Re uirements Re uirements
SECTION 2.PERSONAL TRAITS/STANDARDS.Please rate the ability of the Charter Officer in demonstrating
the following personal straits and standards:Sincere interest in the job;effectiveness in working with others;
communicatin with others;coo eration;and ?exibili
Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds
Re uirements Re uirements
Comments:
Comments:
Agenda Item #4.A.23 Oct 2023
Page 13 of 106
EP
SECTION 4.ACCOMPLISHMENTS/AREAS OF STRENGTH
Please note signi?cant accomplishments and speci?c areas of strength:
SECTION 3.JUDGMENT AND KNOWLEDGE.Please rate the ability of the Charter Officer in demonstrating
the following skills of judgment and knowledge:Recognition of problems;application of common sense;and logic
and decision-makin rinci les.
Well Below Below Requirements Meets Requirements Exceeds Requirements Far Exceeds
Re uirements Re uirements
SECTION 5.AREAS OF IMPROVEMENT
Please suggest areas in which improvement is needed:
DateCommissioner’s Signature
OVERALL RATING BASED ON
THE SCORES IN SECTIONS 1-3
Well Below Below Meets Exceeds Far Exceeds
Re uirements Re uirements Re uirements Re uirements Re uirements
Comments:
Agenda Item #4.A.23 Oct 2023
Page 14 of 106
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.23-46 approving a new maintenance agreement
between the City of Atlantic Beach,Florida,and the Florida
Department of Transportation.
SUBMITTED BY:Scott Williams,Public Works Director
TODAY’S DATE:October 11,2023
MEETING DATE:October 23,2023
BACKGROUND:Per a longstanding agreement with FDOT,the City maintains
landscaped areas on Atlantic Boulevard and portions of Mayport Road.The City also maintains
certain improvements in the FDOT rights-of-way.
The proposed new Maintenance Agreement term is for three years,from Nov.1,2023 through
Oct.31,2026.Under this new Agreement,the City is compensated $68,000.00 annually for
providing this maintenance.This is an increase of $11,308.24 from the current contract.
RECOMMENDATION:Approve Resolution No.23-46.
ATTACHMENTS:1.Resolution No.23-46
2.Proposed Maintenance Agreement
CITY MANAGER:
'
Agenda Item #8.A.23 Oct 2023
Page 15 of 106
RESOLUTION NO.23-46
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPROVING A NEW
MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH,
FLORIDA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,on May 16,2001,the City executed an agreement with the Florida Department of
Transportation to provide maintenance on certain streets and other areas throughout the city;and
WHEREAS,the City desires to continue to maintain landscaped areas on Atlantic Boulevard
and portions of Mayport Road;and
WHEREAS,areas to be maintained are identi?ed in Exhibit “A”of the New Maintenance
Agreement;and
WHEREAS,the new Maintenance Agreement term is November 1,2023,through October 31,
2026,with the City being compensated $68,000.00 per year for providing this maintenance.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby authorizes a new Maintenance Agreement,which
is attached hereto and made part of this Of?cial Record as Attachment A,with the Florida Department
of Transportation,covering the period of November 1,2023,through October 31,2026.
SECTION 2.The City Commission hereby authorizes the City Manager to execute contracts and
purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 23”’day of October,2023.
ATTEST
Curtis Ford,Mayor
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.A.23 Oct 2023
Page 16 of 106
Attachment A
MAINTENANCEAGREEMENT
THIS MAINTENANCEAGREEMENT("Agreement")is made and entered into by and between the
State of Florida Department of Transportation (“Department”)and Cit of Atlantic Beach,Florida
("Agency”).
-REClTALS-
1 The Department owns and currently maintains those portions ofthe state highway system identi?ed
in Exhibit “A”(“Property");and
2.The Agency desires to construct or install various improvements in order to improve the aesthetic
appearance of the Property,including N/A (collectively
“lmprovements”);and
3.The Agency desires to assume the maintenance responsibilities of the Property and all
Improvements;and
4.The Property is within or adjacent to the corporate limitsof the Agency;and
5.The Department is amenable to the Agency's desires and will compensate the Agency for their
maintenance efforts pursuant to Section 335.055,Florida Statutes,and in accordance with the terms and
conditions of this Agreement;and
6.The Agency will be compensated quarterly at such time as Agency provides a completed copy of the
form identical to attached Exhibit"B”demonstrating completion ofthe quarterly maintenance responsibilities
required by the terms and conditions ofthis Agreement;and
7.The Agency,by Resolution No.dated attached as Exhibit
authorizes its of?cers to enter this Agreement.
NOW THEREFORE,with full knowledge and understanding of the laws governing the subject
matter of this Agreement,and in consideration of the foregoing recitals and the mutual covenants and
conditions contained in this Agreement,the parties,intending to be legally bound,acknowledge and agree
as follows:
1.RECITALS &EXHIBITS
The above recitals and attached exhibits,ifany,are speci?cally incorporated by reference and made part
of this Agreement.
2.EFFECTIVE DATE
The “Effective Date"of this Agreement shall be the date the last of the parties to be charged executes the
Agreement.
3.TERM
The term of this Agreementshall be for a period ofthree (3)consecutive years,unless otherwise terminated
by the Department in writing.The operation,maintenance,and repair duties required by paragraph 6,
below,will actually commence on 11/1/2023.
4.E-VERIFY
The Agency (A)shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibilityof all new employees hired by the Agency during the term ofthe contract;and
(B)shall expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibilityof all new employees hired by the subcontractor during the contract term.
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 1
Agenda Item #8.A.23 Oct 2023
Page 17 of 106
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 2
5.COMPLIANCE
The Agency shall perform this Agreement,in a good and workmanlike manner,with reasonable care,in
accordance with the terms and provisions of this Agreement and all applicable federal,state,local,
administrative,regulatory,safety and environmental laws,codes,rules,regulations,policies,procedures,
guidelines,standards and permits,as the same may be constituted and amended from time to time,
including,without limitation,those of the Department,St.Johns River Water Management District,Florida
Department of Environmental Protection,Environmental Protection Agency,Army Corps of Engineers,
United States Coast Guard,Duval County,Florida and other local governmental entities (“Governmental
Law”).
6.OPERATION MAINTENANCE &REPAIR
A.The Agency shall operate,maintain &repair the Property in a good and workmanlike manner,with
reasonable care,in accordance with the terms and provisions of this Agreement.For purposes of this
Agreement,unless otherwise noted in Exhibit the locations to be maintained by the Agency shall be
maintained pursuant to the maintenance standards as de?ned in the Department's Maintenance Rating
Program (“MRP")Handbook and in accordance with Department Procedure,Roadway and Roadside
Maintenance,Topic No.850-O00-015-I,and all Governmental Law,as defined in Paragraph 5,above.
Should the Department determine that any item of maintenance related to the Property or Improvements
has fallen below the desired maintenance standard,the Agency agrees to immediately bring the deficient
item up to the maintenance standard,at its sole cost and expense.The Agency willnot be held responsible
for a failed MRP rating,so long as such rating is not based on any negligence,intentional or wrongful act,
omission or breach of contract by the Agency.
B.The Agency shall,at a minimum,maintain all turf and landscaped areas within the Property,including,
without limitation,by performing the following:
(1)Routinely mow,cut and trim all grass and turf—(totalgreenscape)a minimum of 1time per
calendar month,as wellas remove grass and turf clippings from the roadway/curb/sidewalk,in accordance
with the State of Florida “Guide for Roadside Vegetation Management”(2012),as the same may be
constituted and amended from time to time,and the local NationalPollutant Discharge EliminationSystem
(NPDES)permit requirements;and
(2)Routinely prune and trim all plants and trees a minimum of 1 time per calendar month,for
aesthetic purposes and for the benefit of the health,safety and welfare of those members of the public
traversing or othenrvise utilizingthe Property;and
(3)Routinely remove dead,diseased,or otherwise deteriorated plants a minimum of 1 time
per calendar month;and
(4)Routinely keep litter removed from the Property a minimum of 1 time per calendar month;
and
(5)Routinely remove and dispose of alltrimmings,roots,litterand other material resulting from
the activities described herein;and
(6)‘Routinely edge and sweep any excess grass from sidewalks,curbs,and gutters a minimum
of 3 times per year on a 4-month cycle,i.e.,March,July,October;and
(7)Routinely sweep roadways,curbs,and gutters,valley gutters,intersections,and barrier
wall gutters a minimum of 1 time per calendar month.
C.The Department and the Agency shall be responsible jointlyfor clean-up,removal and disposal of debris
within the Property following and resulting from natural disasters,including,without limitation,hurricanes
and tornadoes.
Agenda Item #8.A.23 Oct 2023
Page 18 of 106
D.Ifthe Department determines that the Agency is not maintaining the Property in accordance with the
terms and provisions of this Agreement,the Department shall deliver written noti?cation of such to the
Agency.The Agency shall have thirty (30)days from the date of the Department's written notice,or such
other time as the Department and the Agency mutually agree inwriting,to correct the de?ciency and provide
the Department withwritten notice of the same.
E.Ifthe Department determines that the deficiency remains after receipt of the Agency's written notice
indicating that the deficiency was corrected,the Department,within its -discretion,shall:(1)provide the
Agency with written authorization granting such additional time as the Department deems appropriate to
correct the de?ciency;or (2)correct the deficiency at the Agency’s sole cost and expense.Should the
Department elect to correct the de?ciency,the Department shall provide the Agency with an invoice for the
costs incurred by the Department to correct the deficiency and the Agency shall pay the invoice in
accordance with the "Payment”section ofthis Agreement.
F.Ifat any time in the sole determination of the Department.the integrity or safety of the Property requires
immediate maintenance for the benefit of public health,safety or welfare,the Department may perform
such maintenance itdeems appropriate under the circumstances.The Department shall attempt to notify
the Agency priorto action under this section but may take necessary steps to correct emergency situations
prior to such notification in order to prevent eminent danger to public health,safety or welfare.
G.The Parties’representatives and points of contact for the administration of this Agreement shall be
identified in the “Notice"section of this Agreement.
7.MAINTENANCEOF TRAFFIC
A.The Agency shall be responsible for the maintenance of traffic (“MOT")at all times during the
performance of this Agreement.MOT shall be performed inaccordance with applicable Governmental Law
and the most current edition of each of the following,as the same may be constituted and amended from
time to time,all ofwhich are incorporated herein and made part of this Agreement by reference:(1)Section
102 of the Department’s Standard Specifications for Road and Bridge Construction;(2)the Manual on
Uniform Traf?c Control Devices;(3)the Department’s Standard Plans,Index 102-600;and (4)other
applicable Governmental Law.
B.Ifthe Agency fails to perform MOT as required herein,the Department,within its discretion,may elect to
perform MOT at the Agency's sole cost and expense.Should the Department perform MOT,the
Department shall provide the Agency with an invoice for the costs incurred by the Department and the
Agency shall pay the invoice in accordance with the “Payment"section of this Agreement.
8.IMPROVEMENTS &MODIFICATIONS
A.The Department may require the Agency to improve or modify the Property or Improvements if the
Department determines:(1)improvements or modi?cations are required by applicable Governmental Law;
or (2)improvements or modifications willbenefit the Department in the conduct of its business.
B.Required improvements and modi?cations shall be subject to the terms and provisions ofthis Agreement,
specifically including,without limitation,the “Maintenance”section of this Agreement.
C.Improvements and modi?cations shall be constructedand completed by the Agency within sixty (60)
days of the date of the Department’s written notice requiring improvements or modifications.
9.ADDITIONAL LANDSCAPING
The Agency shall not install additional landscaping within the Property without ?rst seeking and obtaining
required approvals and permits from the Department.Such additional landscaping shall be automatically
included within,and subject to,the provisions of this Agreement.
10.PERMISSIVEUSE
This Agreement creates a permissive use only.The Agency shall not acquire any right,title,interest or
estate inthe Property by virtue of the execution,operation,effect or performance of this Agreement.
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 3
Agenda Item #8.A.23 Oct 2023
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11.EMINENTDOMAINAND DAMAGES
Under no circumstances shall the Department’s exercise of any right provided inthis Agreement create any
right,title,interest or estate entitling the Agency to fulland just compensation from the Department either
through inverse condemnation or eminent domain laws or any similar laws regarding the taking of property
for public purposes.The Agency forever waives and relinquishes alllegal rights and monetary claims which
it has,or which may arise in the future,for compensation or damages,including,without limitation,special
damages,severance damages,removal costs,and loss of business pro?ts resulting in any manner from
the Department's exercise of any right provided in this Agreement.This waiver and relinquishment
specifically includes all damages flowing from adjacent properties owned,leased or othenivise controlled
by the Agency,as a result of the Department’s exercise of any right provided in this Agreement.
12.REMOVAL
The Department may require modification,relocation or removal ofthe landscaping,plants,trees,and other
improvements located on or withinthe Property without liabilityto the Agency if:(1)any such improvements
are not maintained in accordance with the terms and provisions of this Agreement;(2)modification,
relocation or removal of any such improvements is required by applicable Governmental Law;or (3)the
Department determines that modi?cation,relocation or removal of any such improvements is necessary or
willbenefit the Department in the conduct of its business.The Agency shall modify,relocate or remove
improvements designated by the Department for modi?cation,relocation or removal and shall restore the
Property to a condition that satisfies the requirements of applicable Governmental Law within thirty (30)
days of the Department’s written notice requiring modi?cation,relocation or removal.The Agency shall
bear all cost and expense of the modification,relocation,removal and restorative work,including,without
limitation,the cost of required permits.
13.PAYMENTS TO AGENCY
A.The Department shall compensate the Agency for the performance of this Agreement inthe amount of
17 000.00 er uarter for a total sum of 68 000.00 er ear.Payments shall commence at the
conclusion of the first three-month period following the Effective Date of this Agreement,upon the
Department's written acceptance of the Agency's completion of the quarterly maintenance responsibilities
by the Department.The Department shall suspend payment of any sums due hereunder without penalty
or interest ifthe Agency is in breach of any term or provision of this Agreement at the time payment is due.
In the event this Agreement is terminated,payment shall be prorated for the quarter inwhich termination
occurs.
B.Prior to each quarterly payment,the Agency shall provide a completed copy of the form identical to
attached Exhibit "B”demonstrating completion of the quarterly maintenance responsibilities in detail
suf?cient for a proper pre-audit and post-audit,based on the quanti?able,measurable,and verifiable
deliverables of the maintenance responsibilities established in Paragraph 6(B)(1-7),above,as required by
the terms and conditions of this Agreement.
14.PAYMENTS TO DEPARTMENT
AllDepartment invoices submitted to the Agency for payment pursuant to the terms and provisions of this
Agreement are due and payable within thirty (30)days ofthe date of the invoice (“Due Date”).Any portion
of an invoice not received by the Department by the Due Date shall immediately thereafter begin accruing
interest at a rate of interest established pursuant to §55.03,Fla.Stat.,until paid infull.
15.INDEMNIFICATION
A.The Agency shall promptly defend,indemnify,hold the Department harmless from and pay all demands,
claims,judgments,liabilities,damages,fines,fees,taxes,assessments,costs,losses,penalties,
construction delay costs /penalties,expenses,attorneys’fees and suits of any nature or kind whatsoever
caused by,arising out of or related to the Agency's performance,or breach,of this Agreement (“Liabilities”)
.The term “Liabilities”shall also specifically include allciviland criminalenvironmental liabilityarising,directly
or indirectly under any Governmental Law,including,without limitation,liability under the Resource
Conservation and Recovery Act (“RCRA”),the Comprehensive Environmental Response,Compensation
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 4
Agenda Item #8.A.23 Oct 2023
Page 20 of 106
and LiabilityAct ("CERCLA”),the Clean AirAct ("CAA”)and the Clean Water Act (“CWA”).The Agency’s
duty to defend,indemnify and hold the Department harmless specifically does not encompass indemnifying
the Department for its negligence,intentional or wrongful acts,omissions or breach of contract.
B.The Agency shall notify the Department inwriting immediately upon becoming aware of any Liabilities.
The Agency’s obligation to defend,indemnify and hold the Department harmless from any Liabilities,or at
the Department's option to participate and associate with the Department in the defense and trial of any
Liabilities,including any related settlement negotiations,shall be triggered by the Department's written
notice of claimfor indemnification to the Agency.The Agency's inabilityto evaluate liability,or its evaluation
of liability,shall not excuse performance of the provisions of this paragraph.
16.SOVEREIGN IMMUNITY&LIMITATIONOF LIABILITY
Nothing inthis Agreement shall be deemed or otherwise interpreted as waiving the Department’s sovereign
immunity protections,or as increasing the limitsof liabilityset forth in §768.28,Florida Statutes,as the
same may be amended from time to time.Nothing in this Agreement shall be deemed or otherwise
interpreted as waiving the Department’s limitsof liabilityset forth insections 376.305 and 337.27(4),Florida
Statutes,as the same may be amended from time to time.The Department's liabilityfor breach of this
Agreement is specifically:(1)limited to actual damages incurred by the Agency as a direct result of the
Department's breach;and (2)further limited in amount and shall not,under any circumstances,exceed the
limitations of liabilityfortort actions set forth in §768.28(5),Florida Statutes,as the same may be amended
from times to time.
17.NOTICE
Allnotices,communications and determinations between the parties hereto and those required by this
Agreement,including,without limitation,changes to the notification addresses set forth below,shall be in
writing and shall be sufficient ifmailed by regular United States Mail,postage prepaid,to the parties at the
following addresses:
Department:Florida Department of Transportation
Attn.:Maintenance Manager/Contracts
2198 Edison Avenue
Jacksonville,Florida 32204
Agency:City of Atlantic Beach
800 Seminole Road
Atlantic Beach,Florida 32233
18.GOVERNINGLAW
This Agreement shall be governed in all respect by the laws of the State of Florida.
19.INITIALDETERMINATION OF DISPUTES
VTheDepartment's DistrictTwo Secretary ("District Secretary”)shall act as the initialarbiter of all questions,
difficulties,and disputes concerning the interpretation,validity,performance or breach ofthis Agreement.
20.VENUEAND JURISDICTION
A.Venue for any and all actions arising out of or in any way related to the interpretation,validity,
performance or breach of this Agreement that are not resolved to the mutual satisfaction of the parties by
the Department’s District Secretary shall lie exclusively in a state court of appropriate jurisdiction in Leon
County,Florida.
B.The Agency and all persons and entities accepting an assignment of this Agreement,in whole orin part,
shall be deemed as having consented to personal jurisdiction inthe State of Florida and as having forever
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Agenda Item #8.A.23 Oct 2023
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waived and relinquished all personal jurisdiction defenses with respect to any proceeding related to the
interpretation,validity,performance or breach of this Agreement.
21.JURY TRIAL
The parties hereby waive the right to trial by jury of any dispute concerning the interpretation,validity,
performance or breach of this Agreement,including,without limitation,damages allegedly flowing there
from.
22.ASSIGNMENT
The Agency may not assign,pledge or transfer any of the rights,duties and obligations provided in this
Agreement without the priorwritten consent of the Department’s District Secretary or his/her designee.The
Department has the sole discretion and authority to grant or deny proposed assignments,with or without
cause.Nothing herein shall prevent the Agency from delegating its duties hereunder,but such delegation
shall not release the Agency from its obligation to perform this Agreement.
23.THIRDPARTY BENEFICIARIES
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.Nothing in this Agreement is intended to confer any rights,privileges,bene?ts,
obligations or remedies upon any other person or entity except as expressly provided for herein.
24.VOLUNTARY EXECUTION OF AGREEMENT
Each party warrants and represents to the other:(i)that it understands all of the rights and obligations set
forth in this Agreement and the Agreement accurately re?ects the desires of said party;(ii)each provision
of this Agreement has been negotiated fairly at arm's length;(iii)itfully understands the advantages and
disadvantages of this Agreement and executes this Agreement freely and voluntarilyof its own accord and
not as a result of any duress,coercion,or undue in?uence;and (iv)it had the opportunity to have
independent legal advice by counsel of its own choosing inthe negotiation and execution of this Agreement.
25.ENTIREAGREEMENT
This instrument,together withthe attached exhibits and documents made part hereof by reference,contains
the entire agreement of the parties and no representations or promises have been made except those that
are speci?cally set out in this Agreement.All prior and contemporaneous conversations,negotiations,
possible and alleged agreements and representations,covenants,and warranties with respect to the
subject matter of this Agreement,and any part hereof,are waived,merged herein and superseded hereby.
26.SUFFICIENCY OF CONSIDERATION
By their signature below,the parties hereby acknowledge the receipt,adequacy and sufficiency of
consideration provided inthis Agreement and forever waive the rightto object to or otherwise challenge the
same.
27.WAIVER
The failure of either party to insist on the strict performance or compliance with any term or provision of this
Agreement on one or more occasions shall not constitute a waiver or relinquishment thereof and all such
terms and provisions shall remain infullforce and effect unless waived or relinquished in writing.
28.INTERPRETATION
No term or provision of this Agreement shall be interpreted for or against any party because that party or
that party‘s legal representative drafted the provision.
29.CAPTIONS
Paragraph title or captions contained herein are inserted as a matter of convenience and reference and in
no way define,limit,extend or describe the scope of this Agreement or any provision hereof.
30.SEVERANCE
Ifany section,paragraph,clause or provision ofthis Agreement is adjudged by a court,agency or authority
of competent jurisdiction to be invalid,illegal or othenivise unenforceable,all remaining parts of this
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 6
Agenda Item #8.A.23 Oct 2023
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Agreement shall remain in fullforce and effect and the parties shall be bound thereby so long as principle
purposes of this Agreement remain enforceable.
31.COMPUTATIONOF TIME
Incomputing any period of time prescribed inthis Agreement,the day ofthe act,event or default from which
the designated period of time begins to run,shall not be included.The last day of the period shall be
included unless it is a Saturday,Sunday or legal holiday,in which event the period shall run until the end
ofthe next day which is not a Saturday,Sunday or legal holiday.
32.MODIFICATIONOF AGREEMENT
A modi?cation or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing
and executed with the same formality as this Agreement.
33.VENDOR OMBUDSMAN
A Vendor Ombudsman has been established with the Department of Banking and Finance.The duties of
the Vendor Ombudsman include acting as an advocate for contractors/vendors who may be experiencing
problems in obtaining timely payment(s)from a state agency.The Vendor Ombudsman may be contacted
by calling the State Comptroller's Hotline at 1-800-848-3792.
34.ANNUALAPPROPRIATION I FUNDING
Pursuant to §339.135(6)(a),Florida Statutes,the Department’s obligation to fund this Agreement is
contingent upon annual appropriation by the Florida Legislature.This Agreement may be terminated by
the Department without liabilityto the Agency if sufficient funds are not appropriated to the Department.
The provisions of §339.135(6)(a),Florida Statutes,are set forth herein verbatim and made part of this
Agreement,to wit:
“The department,during any ?scal year,shall not expend money,incur any liability,or enter into any
contract which,by its terms,involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year.Any contract,verbal or written,made in violation of this
subsection is null and void,and no money may be paid on such contract.The department shall require a
statement from the comptroller of the department that funds are available prior to entering into any such
contract or other binding commitment of funds.Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year,but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding ?scal years;and this paragraph shall be
incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year.”
35.PUBLIC RECORDS
Agency shall comply with Chapter 119,Florida Statutes.Speci?cally,the Agency shall:
A.Keep and maintain public records that ordinarily and necessarily would be required by the Department
to perform this Agreement.
B.Upon request from the Department's custodian of public records,provide the Department with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119,Florida Statutes,or as othenivise provided by law.
C.Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration ofthis Agreement and following
completion of the Agreement ifAgency does not transfer the records to the Department.
D.Upon completion of this Agreement,transfer,at no cost,to the Department all public records in
possession of Applicant or keep and maintain public records required by the Department to perform this
Agreement.IfAgency transfers all public records to the public Agency upon completion of this Agreement,
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 7
Agenda Item #8.A.23 Oct 2023
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Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.If Agency keep and maintain public records upon completion of this
Agreement,Agency shall meet all applicable requirements for retaining public records.All records stored
electronically must be provided to the Department,upon request from the Department’s custodian of public
records,ina format that is compatible with the information technology systems of the Department.
Failure byAgency toact in accordance with Chapter 119 and the foregoing shall be grounds for immediate
unilateral cancellationofthis Agreement by the Department.Agency shall promptly provide the Department
with a copy of any request to inspect or copy public records in possession of Agency and shall promptly
provide the Department a copy of Applicant's response to each such request.
IF THE CONSULTANT/CONTRACTORNENDORHAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA
STATUTES,TO THE CONSULTANT'S/
CONTRACTOR’SNENDOR’SDUTYTOPROVIDEPUBLICRECORDSRELATING TO THIS
AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
District 2
386-758-3727
D2prcustodian@ dot.State.FL.us
Florida Department of Transportation
District 2 -Office of General Counsel
1109 South Marion Avenue,MS 2009
Lake City,FL 32025
INWITNESS WHEREOF,intending to be legally bound hereby,the parties execute this
Agreement consisting of nine (9)pages,exclusive of exhibits.
Florida Department of Transportation Attest:
Date:
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 8
Date:
Legal Review:
By:
Office of the General Counsel
Florida Department of Transportation
Printed Name:Gre Evans Printed Name:Elizabeth En Ie
Title:DistrictSecreta Title:Executive Secreta
Agenda Item #8.A.23 Oct 2023
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INTENTIONALLY LEFTBLANK
SIGNATURES ON FOLLOWING PAGE
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 9
Agenda Item #8.A.23 Oct 2023
Page 25 of 106
Attest:Agency
Title:
Date:
Title:
Date:
By‘
Legal Counsel for Agency
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 10
Printed Name:Printed Name:
Legal Review:
Agenda Item #8.A.23 Oct 2023
Page 26 of 106
INTENTIONALLYLEFT BLANK
MAwith Agency FINAL(Lega|Approval 03/15/2023)Page 11
Agenda Item #8.A.23 Oct 2023
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vn
4.80
9.36
3.50
2.75
545
9.09
12.68
EXHIBIT“A”
(City of Atlantic Beach)
MAINTENANCE LOCATIONS
Quarterly 17000.00Amount5'
Quarterly Totals 47.88 2312
Unit Cost $12.42 $72.80 $103.50 $201.25 $43.58 $489.00
Tota|CoslPerVear $2,378,68 $524.16 $9,696.92 $3,123.40 $8,838.02 $2,045.09 $9,457.14 $31,936.59
Overall
Yearly Cost $68'°°o'oD
State
Road
No.
10
101
101
101
101
Street Name
AtlanticBlvd.
Mavport Rd.
Mayport Rd.
Mayport Rd.
4th Bi5th St.
@ Begonia
Mayport Rd.
off Mayport Rd.
From To
East oflntraciziastal3rd St-Waterwa End e
AtlanticBlvd.AssisiRd.
Ditch@ Saratoga Cir.50.
Ditch@ FleetLanding
Blvd.
Retention Pond"B“off
Ma ort Rd.
Retention Pond"C"off
Atlantic Blvd.
Pond it3@Hess Station
Robert St.Dudley St.
Totals
CyclesPer Year
Total Qty's.PerYear
Litter
Removal
laere)
541
6.83
4.59
1.07
0.63
1.30
0.67
0.60
0.27
15.96
191.52
.‘SmallIntermediate
Machine Math?”
Mowing (acre)Muwmg
(acre)
484 485
4.91
3.82
0.50
0.30
0.78
0.56
0.34
0.80 10.41
9 9
7.20 53.69
Slope
Mowing
(acre)
482
0.78
2.00
0.30
0.30
0.26
0.24
3.88
15.52
Mechanical Tree,Storm Water
_TrimmingSweeping(mile)Management
(mile)(acre)
543 492 498
10.20
6.70 0.50
16.90 1.00 20.41
12 1 4
202.80
Curb/
SidewalkEdging(mile)
21.77
65.31
MAwith Agency FINAL (Legal Approval 03/15/2023)Page 12
16.33
JV1
Repnrt MH
0.50
Agenda Item #8.A.23 Oct 2023
Page 28 of 106
EXHIBIT“B”
(MAINTENANCEACTIVITIESCHART)
Activity Activity Title
Number
482 Slope Mowing
484 Intermediate Machine
Mowin
485 Small Machine Mowing
492 Tree Trimming
498 Storm Water
Management
541 Roadside Litter
Removal
543 Road Sweeping -
Mechanical
545 Ed in and Swee in
Agreement #:
Work Unit of
Activity Measure
Number
482 Acres
484 Acres
485 Acres
Units Completed
Activity Description
Grass,brush and weed cutting along slopes too steep t safely mow or are inaccessiblefor
conventional mowing tractors.
The intermediate machine mowing of areas (using mowers greater than (40”)and lessthan (7')
too difficult to mow with larger mowers and not practical for small mowers.
Mowing the roadside with small hand or riding mowers having a cutting width of 40 inches or
less.
The trimming of the height and sides of trees and removal of undesirable trees (over 4 inches in
diameter or trimming that cannot be done under activity 487).To includethe chipping and/or
removal of alldebris from worksite.
Allefforts required to maintain Surface/StormWater Management Systems functioning as
designed and permitted.Efforts include but are not limited to mowing,litter removal,chemical
or manual weed control,etc.Generally,work willbeconfined to the permitted
retention/detentionareas however,other systems may be included.
Cleaning roadways and roadsides of debris,such as cans,bottles,paper,trash and Adopt—A-
Highway litter.Includes the hauling and disposal of litter.Does not includewayside parks,rest
areas and service plaza barrels.
Machine sweeping of roadway to protect the facility from excessive accumulation of debris.
Removal of vegetation and debris from the curb,gutter and sidewalk.
Quarterly Billing Period:
Completion Date Completion Date Completion Date
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 13
498 Acres
541 Acres
543 Curb Mile
545 Miles
492 Mi|eIManhours
Agenda Item #8.A.23 Oct 2023
Page 29 of 106
EXHIBIT“C”
(RESOLUTION)
MAwith Agency FINAL(Legal Approval 03/15/2023)Page 14
Agenda Item #8.A.23 Oct 2023
Page 30 of 106
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
BUDGET:N/A
ATTACHMENTS:1.Resolution No.23-48
2.Statewide Mutual Aid Agreement 2023
AGENDA ITEM:Resolution No.23-48 authorizingCOAB Participationin the State
of Florida Mutual Aid Agreement 2023
SUBMITTED BY:Victor Gualillo,Chief of Police
TODAY’S DATE:October 10,2023
MEETING DATE:October 23,2023
BACKGROUND:The State of Florida’s Division of Emergency Management has
historically executed Mutual Aid Agreements with county governments within the state to facilitate
sharing of resources during responses to emergencies and disasters.When those counties have
coordinated resources from other jurisdictions to respond as part of a county or regional Emergency
Management Team,all jurisdictions operate under a Mutual Aid Agreement signed only by that
County.The State of Florida now wishes to obtain Mutual Aid Agreements for all jurisdictions who
agree to participate in cooperation with each other and the State during response to disasters.
Signing this agreement clari?es the rights and responsibilities of the COAB when requesting or
providing assistance during a disaster or emergency.
RECOMMENDATION:Approve Resolution No.23-48
CITY MANAGER:
Agenda Item #8.B.23 Oct 2023
Page 31 of 106
RESOLUTION NO.23-48
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR
TO SIGN THE STATE OF FLORIDA MUTUAL AID AGREEMENT 2023
WHEREAS,The State of Florida is vulnerable to a wide range of emergencies and disasters that are
likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver
those services;and
WHEREAS,such emergencies and disasters often exceed the emergency response and recovery
capabilities of anyone county or local government;and
WHEREAS,such incidents may also give rise to unusual and unanticipated physical and technical
needs which a local government cannot meet with existing resources,but that other local governments within
the State of Florida may be able to provide;and
WHEREAS,The Emergency Management Act,Chapter 252,Florida Statutes,provides each local
government of the state the authority to develop and enter into mutual aid agreements within the state for
reciprocal emergency aid in case of emergencies too extensive to be dealt with unassisted,and through such
agreements ensure the timely reimbursement of costs incurred by the local governments which render such
assistance;and
WHEREAS,Pursuant to Chapter 252.32,Florida Statutes,the Florida Division of Emergency
Management renders mutual aid among the political subdivisions of the state to carry out emergency
management functions and responsibilities;and
WHEREAS,Pursuant to Chapter 252,Florida Statutes,the Florida Division of Emergency
Management has the authority to coordinate and direct emergency management assistance between local
governments and concentrate available resources where needed;and
WHEREAS,The City of Atlantic Beach ?nds it valuable and essential to participate in mutual
cooperation with other jurisdictions and the State of Flo1ida’s Division of Emergency Management during
times of disaster;
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The Mayor is hereby authorized to execute the Statewide Mutual Aid Agreement
2023 with the Florida Department of Emergency Management;and
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption and will
continue in effect for one (1)year from its date of execution.and it shall automatically renew each year after
its execution,unless within sixty (60)calendar days before the renewal date the Participating Party noti?es
the Division,in writing,of its intent to withdraw from the Agreement.
PASSED AND ADOPTED by the City of Atlantic Beach,this 23“day of October,2023
ATTEST Curtis Ford,Mayor
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.B.23 Oct 2023
Page 32 of 106
STAYE LOGISHCS RESPONSE CENTER
STATEOFFLORIDA
D I V I S I 0 N H E A D Q U A R T E R S Te|eph0ne:850-815-4000
2555 Shumard Oak Boulevard wwwF|gridaDi§g§1§r,org
Tallahassee,FL 32399-2100
RonDesantis,Governor KevinGuthrie,ExecutiveDirecto
r
STATEWIDE MUTUALAID AGREEMENT -2023
This Agreement is an acknowledgment of receipt by the Florida Division of Emergency
Management ("the Division”)and the local government (“Participating Party”)signing this
Agreement.Execution of this agreement replaces all previous iterations and is active untila new
agreement is drafted and requested by The Division.
This Agreement is based on the existence of the following conditions:
A.The State of Florida is vulnerable to a wide range of emergencies and disasters that
are likely to cause the disruption of essential services and the destruction of the
infrastructure needed to deliverthose services.
B.Such emergencies and disasters often exceed the emergency response and recovery
capabilities of any one county or local government.
C.Such incidents may also give rise to unusual and unanticipated physical and technical
needs which a local government cannot meetwith existing resources,but that other local
governments withinthe State of Floridamay be able to provide.
D.The Emergency Management Act,chapter 252,Florida Statutes,provides each local
government of the state the authority to develop and enter into mutual aid agreements
within the state for reciprocal emergency aid incase ofemergencies too extensive to be
dealt with unassisted,and through such agreements ensure the timely reimbursement
of costs incurred by the local governments which render such assistance.
E.Pursuant to chapter 252.32,Florida Statutes,the Division renders mutual aid among
the political subdivisions of the state to carry out emergency management functions
and responsibilities.
F.Pursuant to chapter 252,Florida Statutes,the Division has the authority to coordinate
and direct emergency management assistance between local governments and
concentrate available resources where needed.
Based on the existence of the foregoing conditions,the Parties agree to the following articles:
ARTICLE I:DEFINITIONS
As used in this Agreement,the following expressions shall have the following meanings:
A.The “Agreement”is this Agreement,which shall be referred to as the Statewide Mutual
Aid Agreement (“SMAA").
2702 Directors Row
Orlando,FL 32809-5631
Agenda Item #8.B.23 Oct 2023
Page 33 of 106
DIVISION HEADQIJARTER STITE LOGISTICS RESPONSE CENTER
STATEOFFLORIDA
DIVISIONOFEMERGENCYMANAGEME
S Telephone:850-815-
40002555ShumardOakBoulevardwww.FloridaDisaster.
orgTallahassee,FL 32399-2100
RonDesantis,Governor KevinGuthrie,ExecutiveDirecto
r
B.The “Division”is the FloridaDivisionof Emergency Management.
C.A "Requesting Party"to this Agreement is a Participating Party who requests assistance
under this agreement.
D.An “Assisting Party”to this Agreement is a Participating Party who provides assistance
to a Requesting Party under this agreement.
E.The “Period of Assistance”is the time during which an Assisting Party renders
assistance to a Requesting Party under this agreement and includes the time
necessary for the resources and personnel of the Assisting Party to travel to the
place speci?ed by the Requesting Party and the time necessaryto return to their place
of origin.
F.A “Mission”is a documented emergency response activity performed during a Period of
Assistance,usually in reference to one operational function or activity.
G.A “local government”is any educational district,special district,or any entity that is a
“local governmental entity”within the meaning of section 11.45(1)(g),Florida Statutes.
H.An “educational district”is any school district within the meaning of section 1001.30,
Florida Statutes,and any Florida College System Institution or State University within
the meaning of section 1000.21,Florida Statutes.
I.A “special district”is any local or regional governmental entity which is an
independent special district within the meaning of section 189.012(3),Florida Statutes,
established by local,special,or general act,or by rule,ordinance,resolution,or interlocal
agreement.
J.A “tribal council”is the respective governing bodies of the Seminole Tribe of Florida and
Miccosukee Tribe of Indians recognized as special improvement district by section
285.1 8(1),Florida Statutes.
K.An “interlocal agreement”is any agreement between local governments within the
meaning of section 163.01 (3)(a),Florida Statutes.
L.A “Resource Support Agreement”as used in this Agreement refers to a supplemental
agreement of support between a Requesting Party and an Assisting Party.
M.“Proof of work”as used in this Agreement refers to original and authentic documentation
of a single individual or group of individuals’emergency response activity at a tactical
level.
2702 Directors Row
Orlando,FL 32809-5631
Agenda Item #8.B.23 Oct 2023
Page 34 of 106
STATEOFFLORIDA
KevinGuthrie,ExecutiveDirectoRonDesantis,Governo
D ISION HEAD U RTERS Telephone:850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando,FL 32309-5631
N."Proof of payment”as used in this Agreement refers to original and authentic
documentation of an emergency response expenditure made by an Assisting Party.
0.A “Reimbursement Package”as used in this Agreement refers to a fullaccount of mission
response documentation supported by proof of work and proof of payment.
P.Any expressions not assigned de?nitions elsewhere in this Agreement shall have the
de?nitions assigned them by the Emergency Management Act,Chapter 252,Florida
Statutes.
ARTICLE II:APPLICABILITY OF THE AGREEMENT
Any Participating Party,including the Division,may request assistance under this Agreement for
a “major disaster”or “catastrophic disaster”as de?ned in section 252.34,Florida Statutes,minor
disasters,and other such emergencies as lawfullydetermined by a Participating Party.
ARTICLE III:INVOCATION OF THEAGREEMENT
In the event of an emergency or anticipated emergency,a Participating Party may request
assistance under this Agreement from any other Participating Party or the Division if,in the
judgement of the Requesting Party,its own resources are inadequate to meet the needs of the
emergency or disaster.
A.Any request for assistance under this Agreement may be oral,but within ?ve (5)
calendar days must be confirmed in writing by the Requesting Party.All requests for
assistance under this Agreement shall be transmitted by the Requesting Party to
another Participating Party or the Division.Ifthe Requesting Party transmits its request
for Assistance directly to a Participating Party other than the Division,the Requesting
Party and Assisting Party shall keep the Division advised of their activities.
B.The Division shall relay any requests for assistance underthis Agreement to such other
Participating Parties as it may deem appropriate and coordinate the activities of the
Assisting Parties to ensure timely assistance to the Requesting Party.Allsuch activities
shall be carried out in accordance with the State’s Comprehensive Emergency
Management Plan.
ARTICLE IV:RESPONSIBILITIES OF REQUESTING PARTIES
To the extent practicable,all Requesting Parties shall provide the following information to their
respective county emergency management agency,the Division,and the intended Assisting Party
or Parties.In providing such information,Requesting Parties should utilize Section I of the
Agenda Item #8.B.23 Oct 2023
Page 35 of 106
E CENTER
STATEOF FLORIDA
RonDesantis,Governor KevinGuthrie,ExecutiveDirecto
r
Resource Support Agreement (RSA)Form,available via the
1
A.A description of the Mission to be performed by the Assisting Party;
B.A description of the resources and capabilities needed to complete the Mission
successfully;
C.The location,date,and time personnel and resources from the Assisting Party should
arrive at the incident site,staging area,facility,or other location designated by the
Requesting Party;
D.A description of the health,safety,and working conditions expected for deploying
personnel;
E.Lodging and meal availability;
F.Any logistical requirements;
G.A description of any location or facility outside the territorial jurisdiction of the
Requesting Party needed to stage incoming resources and personnel;
H.The location date,and time for personnel of the Requesting Party to meet and receive
the personnel and equipment of the Assisting Party;and
l.A technical description of any communications equipment needed to ensure effective
information sharing between the Requesting Party,any Assisting Parties,and all
relevant responding entities.
ARTICLE V:RESPONSIBILITIES OF ASSISTING PARTIES
Each Party shall render assistance under this Agreement to any Requesting Party to the extent
practicable that its personnel,equipment,resources,and capabilities can render assistance.If
upon receiving a request for assistance under this Agreement a Party determines that it has the
capacity to render some or all of such assistance,it shall provide the following information without
delay to the Requesting Party,the Division,and the Assisting Party's County emergency
management agency.in providing such information,the Assisting Party should utilize the Section
II of the Resource Support Agreement (RSA)Form,available via the
‘FDEMapproved documents such as activity logs and mutual aid forms can be found at:
https://portal.?oridadisaster.org/projects/FROC/FROC_Documents/Forrns/Allltems.aspx?View=%7B6F3C F7BD%2DCOA4%2D4B E2%2DB809%2DCBD09D7DO6B
6%7D
ISION HEADQUARTERS Te|ephone:85U-815-4000 STATE LOGISTICS RESPONS
2555 Shumard Oak Boulevard www.FloridaDisaster.or 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando,FL 32809-5631
Division a roved
documents SharePoint site
Division a roved documents
SharePoint site
Agenda Item #8.B.23 Oct 2023
Page 36 of 106
STATE LOGISTICS RESPONSE CENTER
STATEOF FLORIDA
KevinGuthrie,ExecutiveDirectoRonDesantis,Governo
A.A description of the personnel,equipment,supplies,services and capabilities it has
available,together with a description of the qualifications of any skilled personnel;
B.An estimate of the time such personnel,equipment,supplies,and services willcontinue
to be available;
C.An estimate of the time it will take to deliver such personnel,equipment,supplies,and
services to the location(s)speci?ed by the Requesting Party;
D.A technical description of any communications and telecommunications equipment
available for timely communications with the Requesting Party and other Assisting
E.The names and contact information of all personnel whom the Assisting Party has
designated as team leaders or supervisors;and
F.An estimated cost for the provision of assistance.
ARTICLE VI:RENDITION OF ASSISTANCE
The Requesting Party shall afford the emergency response personnel of all Assisting Parties,
while operating within the jurisdictional boundaries of the Requesting Party,the same powers,
duties,rights,and privileges,except that of arrest unless speci?cally authorized by the Requesting
Party,as are afforded the equivalent emergency response personnel of the Requesting
Party.Emergency response personnel of the Assisting Party willremain under the command and
control of the Assisting Party,but during the Period of Assistance,the resources and responding
personnel of the Assisting Party willperform response activities under the operational and tactical
control of the Requesting Party.
A.Unless othen/vise agreed upon between the Requesting and Assisting Party,the
Requesting Party shall be responsible for providing food,water,and shelter to the
personnel of the Assisting Party.For Missions performed in areas where there are
insufficient resources to support responding personnel and equipment throughout the
Period of Assistance,the Assisting Party shall,to the fullest extent practicable,provide
their emergency response personnel with the equipment,fuel,supplies,and technical
resources necessary to make them self-sufficient throughout the Period of Assistance.
When requesting assistance,the Requesting Party may specify that Assisting Parties
send only self-sufficient personnel and resources but must specify the length of time
self-sufficiency should be maintained.
DIVISION HEADQUARTERS Te|ephone:850-B15-4000
2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando.FL 32809-5631
Parties;
Agenda Item #8.B.23 Oct 2023
Page 37 of 106
STATE LOGISTICS RESPONSE CENTER
FDE
STATEOFFLORIDA
DIVISION HEADQUARTERS Te|
ephone:850-815-40002555ShumardOakBoulevardwww.FloridaDisaster.
orTallahassee,FL 32399-2100
RonDesantis,Governor KevinGuthrie,ExecutiveDirecto
r
B.Unless the Requesting Party has specified the contrary,it shall,to the fullest extent
practicable,coordinate all communications between its personnel and the responding
personnel of the Assisting Parties,and shall determine and share the frequencies and
other technical speci?cations of all communications equipment to be used,as
appropriate,with the deployed personnel of the Assisting Parties.
C Personnel of the Assisting Party who render assistance under this Agreement shall
receive the usual wages,salaries,and other compensation as are normally afforded to
personnel for emergency response activities within their home jurisdiction,and shall
have all the immunities,rights,interests,and privileges applicable to their normal
employment.If personnel of the Assisting Party hold local licenses or certi?cations
limited to the jurisdiction of issue,then the Requesting Party shall recognize and honor
those licenses or certi?cations for the duration of the Period of Assistance.
ARTICLE VII:REIMBURSEMENT
After the Period of Assistance has ended,the Assisting Party shall have 45 days to develop a full
reimbursement package for services rendered and resources supplied during the Period of
Assistance.All expenses claimed to the Requesting Party must have been incurred in direct
response to the emergency as requested by the Requesting Party and must be supported by proof
of work and proof of payment.
To guide the proper documentation and accountability of expenses,the Assisting Party should
utilize the Claim Summary Form,available via the
as a guide and summary of expense to collect information to then be formally submitted for review
by the Requesting Party.
To receive reimbursement for assistance provided under this agreement,the Assisting Party shall
provide,at a minimum,the following supporting documentation to the Requesting Party unless
otherwise agreed upon between the Requesting and Assisting Parties:
A.A complete and authentic description of expenses incurred by the Assisting Party during
the Period of Assistance;
B.Copy ofa current and valid Internal Revenue Service W-9 Form;
C.Copies of all relevant payment and travel policies in effect during the Period of
Assistance;
D.Daily personnel activity logs demonstrating emergency response activities performed
for all time claimed (for FDEM reimbursement Division approved activity logs will be
required for personnel activity claims);
2702 Directors Row
Orlando,FL 32809-5631
Division a roved documents SharePoint site
Agenda Item #8.B.23 Oct 2023
Page 38 of 106
Ro
STATEOFFLORIDA
KevinGuthrie,ExecutiveDirectoDesantis,Governo
and travel reimbursement records for all claimed personnel expenses;
F.Neat and comprehensive fringe benefit calculations for each position class or category
of claimed personnel;
G.Written justification for all additional expenses/purchases incurred during the Period of
Assistance;
H.Proof of payment for additional/miscellaneous expenses incurred during the Period of
Assistance
I.activity logs demonstrating equipment use and operation in support of
emergency response activities for all time claimed (for FDEM reimbursement Division
approved forms will be required for equipment activity claims);
J.Proof of reimbursement to all employees who incurred emergency response expenses
with personal money;
K.Justification for equipment repair expenses;and
L.applicable supporting agreements or contracts with justification.
Ifa dispute or disagreement regarding the eligibilityof any expense arises,the Requesting Party,
Assisting Party,or the Division may elect binding arbitration.lf binding arbitration is elected,the
Parties must select as an arbitrator any elected of?cial of another‘ParticipatingParty,or any other
of?cial of another Participating Party whose normal duties include emergency management,and
the other Participating Party shall also select such an of?cial as anarbitrator,and the arbitrators
thus chosen shall select another such of?cial as a third arbitrator.-
The three (3)arbitrators shall convene by teleconference or videoconference within thirty (30)
calendar days to consider any documents and any statements or arguments by the Division,the
Requesting Party,or the Assisting Party concerning the protest,and shall render a decision in
writing not later than ten (10)business days after the close of the hearing.The decision of a
majority of the arbitrators shall bind the parties and shall be ?nal.
lfthe Participating Parties do not elect binding arbitration,this agreement and any disputes arising
thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon
County,Florida.Nothing in this Agreement shall be construed to create an emp|oyer—employee
relationship or a partnership or joint venture between the participating parties.Furthermore,
nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the
provisions of section 768.28,Florida Statutes.Nothing herein shall be construed as consent by
either Party to be sued by third parties.
DIVISION HEADQUARTERS Te|ephone:850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www,F|oridaDisasterorg 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando,FL 32809-5631
Copies of any
E.Officialpayroll
Equipment
Agenda Item #8.B.23 Oct 2023
Page 39 of 106
E CENTER
STATEOFFLORIDA
RonDesantis,Governo KevinGuthrie,ExecutiveDirecto
r
The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed
to make the Assisting Party whole to the fullest extent practicable.
A.Employees of the Assisting Party who render assistance under this Agreement shall be
entitled to receive from the Assisting Party all their usual wages,salaries,and any and
all other compensation for mobilization,hours worked,and demobilization.Such
compensation shall include any and all contributions for insurance and retirement,and
such employees shall continue to accumulate seniority at the usual rate.As between the
employees and the Assisting Party,the employees shall have all the duties,
responsibilities,immunities,rights,interests,and privileges incident to their usual
employment.The Requesting Party shall reimburse the Assisting Party for these costs
of employment.
B.The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental
rate established in FEMA’s Schedule of Equipment,or at any other rental rate agreed
to by the Requesting Party.In order to be eligible for reimbursement,equipment must
be in actual operation performing eligible work.The labor costs of the operator are not
included in the rates and should be approved separately from equipment costs.The
Assisting Party shall pay for fuels,other consumable supplies,and repairs to its
equipment as needed to keep the equipment in a state of operational readiness.Rent
for the equipment shall be deemed to include the cost of fuel and other consumable
supplies,maintenance,service,repairs,and ordinary wear and tear.With the consent of
the Assisting Party,the Requesting Party may provide fuels,consumable supplies,
maintenance,and repair services for such equipment at the site.In that event,the
Requesting Party may deduct the actual costs of such fuels,consumable supplies,
maintenance,and services from the total costs othenivise payable to the Assisting Party.
ifthe equipment is damaged while in use under this Agreement and the Assisting Party
receives payment for such damage under any contract of insurance,the Requesting
Party may deduct such payment from any item or items billed by the Assisting Party for
any of the costs for such damage that may otherwise be payable.
C.The Requesting Party shall pay the total costs for the use and consumption of any and
all consumable supplies delivered by the Assisting Party for the Requesting Party under
this Agreement.In the case of perishable supplies,consumption shall be deemed to
include normal deterioration,spoilage,and damage notwithstanding the exercise of
reasonable care in its storage and use.Supplies remaining unused shall be returned to
the Assisting Party in usable condition upon the close of the Period of Assistance,and
the Requesting Party may deduct the cost of such returned supplies from the total costs
billed by the Assisting Party for such supplies.If the Assisting Party agrees,the
Requesting Party may also replace any and all used consumable supplies with like
D VISION HEADQUARTERS Te|eph0ne:850-815-4000 STATE LOGISTICS RESPONS
2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando,FL 32809-5631
ARTICLE VIII:COST ELIGIBLE FOR REIMBURSEMENT
Agenda Item #8.B.23 Oct 2023
Page 40 of 106
STATE LDGISYICS RESPONSE CENTER
Ron
STATEOF FLORIDA
KevinGuthrie,ExecutiveDirectoDesantis,Governor
D I V I S I 0 N H E A E R S Telephone:850-815-
40002555ShumardOakBoulevardwww.F|
oridaDisas1erorgTallahassee,F 32399-2100
supplies in usable condition and of like grade,quality and quantity within the time allowed
for reimbursement under this Agreement.
The Assisting Party shall keep records to document all assistance rendered under this
Agreement.Such records shall present information sufficient to meet the audit
requirements speci?ed in the regulations of FEMA and any applicable circulars issued
by the State of Florida.Upon reasonable notice,the Assisting Party shall make its
records available the Requesting Party for inspection or duplication between 8:00 a.m.
and 5:00 p.m.on all weekdays,except for of?cial holidays.
ARTICLE IX:INSURANCE
Each Participating Party shall determine for itself what insurance to procure,if any.With the
exceptions in this Article,nothing inthis Agreement shall be construed to require any Participating
Party to procure insurance.
A.Each Participating Party shall procure employers’insurance meeting the requirements
of the Workers’Compensation Act,as amended,affording coveragefor any of its
employees who may be injured while performing any activities underthe authority of this
Agreement,and shall be provided to each Participating Party.
.Any Participating Party that elects additional insurance affording liability coverage for
any be provided to each Participating Party.activities that may be performed under the
authority of this Agreement shall
.Subject to the limits of such liability insurance as any ParticipatingParty may elect to
procure,nothing in this Agreement shall be construed to waive,‘inwhole or in part,any
immunity any Participating Party may have in anyjudicial or quasi—judicia|proceeding.
.Each Participating Party which renders assistance under thisAgreement shall be
deemed to stand in the relation of an independent contractor to all other Participating
Parties and shall not be deemed to be the agent of any other Participating Party.
Nothing inthis Agreement shall be construed to relieve any Participating Party of liability
for its own conduct and that of its employees.
Nothing in this Agreement shall be construed to obligate any Participating Party to
indemnify any other Participating Party from liabilityto third parties.
QUART
2702 Directors Row
Orlando,FL 32809-5631
Agenda Item #8.B.23 Oct 2023
Page 41 of 106
STATEOFFLORIDA
RonDesantis,Governo KevinGuthrie,ExecutiveDirector
ARTICLE X:GENERAL REQUIREMENTS
Notwithstanding anything to the contrary elsewhere in this Agreement,all Parties
shall be subject to the following requirements in the performance of this Agreement:
All Participating Parties shall allow public access to all documents,papers,letters,or
other materials subject to the requirements of the Public Records Act,as amended,and
made or received by any Participating Party in conjunction with this Agreement.
B.No Participating Party may hire employees in violation of the employment restrictions in
the Immigration and Nationality Act,as amended.
No costs reimbursed under this Agreement may be used directly or indirectly to influence
legislation or any other official action by the Legislature of the State of Florida or any of
its agencies.
D.Any communication to the Division under this Agreement shall be sent via either email,
the Division of Emergency Managements Enterprise System (DEMES),or mail to the
Response Bureau,Florida Division of Emergency Management,2555 Shumard Oak
Boulevard,Tallahassee,Florida 32399-2100.
E.Any communication to a Participating Party shall be sent to the official or officials
specified by that Participating Party.For the purpose of this any such
communication may be sent by the U.S.Mail,e—mai|,or other electronic platforms.
ARTICLE XI:EFFECTS OF AGREEMENT
Upon its execution by a Participating Party,this Agreement shall have
respect to that Participating Party:
The execution of this Agreement by any Participating Party which is a signatory to the
Statewide Mutual Aid Agreement of 1994 shall terminate the rights,interests,duties,
responsibilities,and obligations of that Participating Party under the Statewide Mutual
Aid Agreement of 1994,but such termination shall not affect the liability of the
Participating Party for the reimbursement of any costs due under the Statewide Mutual
Aid Agreement of 1994,regardless of whether such costs are billed or unbilled.
B.The execution of this Agreement by any Participating Party which is a signatory to the
Public Works Mutual Aid Agreement shall terminate the rights,interests,duties,
responsibilities and obligations of that Participating Party under the Public Works Mutual
Aid Agreement,but such termination shall not affect the liabilityof the Participating Party
for the reimbursement of any costs due under the Public Works Mutual Aid Agreement,
5 0 ARTERS Te|ephone:B50-815-4000 STATE LOGISTICS RESPONSE
2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando,FL 32809-5631
the following effect with
sec?on,
Participating
Agenda Item #8.B.23 Oct 2023
Page 42 of 106
STATE LOGISTICS RESPONSE CENTER
Ron
FOE;
STATEOF FLORIDA
DIVISIONOF EMERGENCYMANAGEME
KevinGuthrie,ExecutiveDirectoDesantis,Governo
The
regardless of whether such costs are billed or unbilled.
.Upon the activation of this Agreement by the Requesting Party,this Agreement shall
supersede any other existing agreement between it and any Assisting Party to the extent
that the former may be inconsistent with the latter.
Upon its execution by any Participating Party,this Agreement will continue in effect for
one (1)year from its date of execution by that Participating Party,and it shall
automatically renew each year after its execution,unless within sixty (60)calendar days
before the renewal date the Participating Party notifies the Division,inwriting,of its intent
to withdraw from the Agreement.
.The Division shall transmit any amendment to this Agreement by sending the
amendment to all Participating Parties not later than five (5)business days after its
execution by the Division.Such amendment shall take effect not later than sixty (60)
calendar days after the date of its execution by the Division and shall then be binding on
all Participating Parties.Notwithstanding the preceding sentence,any Participating Party
who objects to the amendment may withdraw from the Agreement by notifying the
Division in writing of its intent to do so within that time in accordance with section E of
this Article.
Party may rescind this Agreement at,wil|after providing the other
Participating Party a written SMAA withdrawal notice.Such notice shall be provided at
least 30 days prior to the date of withdrawal.This 30-day withdrawal notice must be:
written,signed by an appropriate authority,duly authorized on the official letterhead of
the Participating Party,and must be sent via email,the Division of Emergency
Enterprise System (DEMES),or certi?ed mail.
OF AGREEMENT
application of this Agreement shall be governed by the following conditions:
DIVISION HEADQUARTERS Te|
ephone:850-815-40002555ShumardOakBoulevardwww.FloridaDisaster.or
Tallahassee,FL 32399-2100
interpretation and
The obligations and conditions resting upon
Agreement are not independent,but dependent.
Time shall be of the essence of this Agreement,and of the performance of all conditions,
obligations,duties,responsibilities,and promises under it.
C.This Agreement states all the conditions,obligations,duties,responsibilities,and
promises of the Participating Parties with respect to the subject of this Agreement,and
there are no conditions,obligations,duties,responsibilities,or promises otherthan those
expressed in this Agreement.
the Participating Parties under this
2702 Directors Row
Orlando,FL 32809-5631
XII:INTERPRETATION AND APPLICATIONARTICLE
Managements
A Participating
Agenda Item #8.B.23 Oct 2023
Page 43 of 106
STATE LOGISTICS RESPONSE CENTER
FDE
STATEOFFLORIDA
KevinGuthrieRonDesantis,
below‘
Governor ExecutiveDirecto
r
D.Ifany sentence,clause,phrase,or other portion of this Agreement is ruled unenforceable
or invalid,every other sentence,clause,phrase,or other portion of the Agreement shall
remain in fullforce and effect,it being the intent ofthe Division and the other Participating
Parties that every portion of the Agreement shall be severable from every other portion
to the fullest extent practicable.The Division reserves the right,at its sole and absolute
discretion,to change,modify,add,or remove portions of any sentence,clause,phrase,
or other portion of this Agreement that conflicts with state law,regulation,or policy.Ifthe
change is minor,the Division will notify the Participating Party of the change and such
changes will become effective immediately;therefore,please check these terms
periodically for changes.If the change is substantive,the Participating Parties may be
required to execute the Agreement with the adopted changes.Any continued or
subsequent use of this Agreement following the posting of minor changes to this
Agreement shall signify implied acceptance of such changes.
E.The waiver of any obligation or condition in this Agreement by a Participating Party shall
not be construed as a waiver of any other obligation or condition in this Agreement.
NOTE:This iteration of the State of Florida Statewide Mutual Aid Agreement will replace
all previous versions.
The Division shall provide reimbursement to Assisting Parties in accordance with the terms and
conditions set forth in this Article for missions performed at the direct request of the Division.
Division reimbursement eligible expenses must be in direct response to the emergency as
requested by the State of Florida.All required cost estimations and claims must be executed
through the DEMES MutualAid Portal and assisting agencies must use all required
for documentation and cost verification.Ifa Requesting Party has not fon/varded a request through
the Division,or ifan Assisting Party has rendered assistance without being requested to do so by
the Division,the Division shall not be liable for the costs of any such assistance.
FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct
response to the incident for which asset was requested.
IN WITNESS WHEREOF,the Parties have duly executed this Agreement on the date speci?ed
S I 0 N H E A D Q U A R T E R 3 Telephone:850-815-4000
2555 Shumard Oak Boulevard www,F|grid§Disa§ter.org
Tallahassee,FL 32399-2100
2702 Directors Row
Orlando,32809-5631F
forms
Agenda Item #8.B.23 Oct 2023
Page 44 of 106
Ron
STATEOFFLORIDA
FOE
Kevin Guthrie,Executive Director or
Ian Guidicelli,Authorized Designee
STATE OF FLORIDA
DIVISIONOF EMERGENCY MANAGEMENT
KevinGuthrie,ExecutiveDirectoDesantis,Governo
ATTEST:
CITY CLERK
DIVISION HEADQUARTERS Te|eph0ne:850~815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.F|oridaDisaster.or 2702 Directors Row
Tallahassee,FL 32399-2100 Orlando,FL 32809-5631
Approved as to Form:
County Attorney
CITY OF
STATE OF FLORIDA
Date:
Title:Title
FOR ADOPTION BY A CITY
Date.
Agenda Item #8.B.23 Oct 2023
Page 45 of 106
STATE LOGISTICS RESPONSE CENTER
STATEOFFLORIDA
DIVISIONOF EMERGENCYMANAGEME
KevinGuthrie,ExecutiveDirectoRonDesantis,Governo
RESOLUTION NO.
WHEREAS,the State of Florida Emergency Management Act,Chapter 252,authorizes
the State and its political subdivisions to provide emergency aid and assistance in the event of
disaster or emergency;and
WHEREAS the statutes also authorize the State to coordinate the provision of any
equipment,services,or facilities owned or organized by the State or it political subdivisions for
use in the affected area upon the request of the duly constituted authority of the area;and
WHEREAS this Resolution authorizes the request,provision,and receipt of
interjurisdictional mutual assistance in accordance with the Emergency Management Act,
Chapter 252,among political subdivisions within the State;and
NOW,THEREFORE,be it resolved by
that in order to
maximize the prompt,fulland effective use of resources of all participating governments in the
event of an emergency or disaster we hereby adopt the Statewide Mutual AidAgreement which
is attached hereto and incorporated by reference.
ADOPTED BY:
on
DIVISION HEADQUARTERS Te|
epnone:850-815-40002555ShumardOakBoulevardwww.FloridaDisaster.
orTallahassee,FL 32399-2100
BY:
TITLE:
DATE:
I certify that the foregoing is an accurate copy of the Resolution adopted by
2702 Directors Row
Orlando,FL 32809-5631
SAMPLE AUTHORIZING RESOLUTION FOR ADOPTION OF
STATEWIDE MUTUALAIDAGREEMENT
Agenda Item #8.B.23 Oct 2023
Page 46 of 106
’«.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance No.31-23-16 (COMP23-0002)and Ordinance No.90-23-
251 (REZN23-0002).Request for a Future Land Use Map (FLUM)
amendment to change the future land use map from Residential Medium
Density (RM)to Commercial (CM)and a zoning map amendment to
change the zoning map from Residential,General,Two-Family (RG)to
Commercial General (CG)for 0 West 2"“Street (RE #170834 0000)
SUBMITTED BY:Amanda Askew,Director of Planning and Community Development
TODAY’S DATE:October 11,2023
MEETING DATE:October 23,2023
BACKGROUND:Request for a
Future Land Use Map (FLUM)amendment
to change the future land use map from
Residential Medium Density (RM)to
Commercial (CM)and a zoning map
amendment to change the zoning map from
Residential,General,Two-Family (RG)to
Commercial General (CG)for 0 West 2nd
Street (RE #170834 0000).
The subject property,0 W 2“dStreet,is a
Vacant lot and is adjacent to Oceanside
Collision (61 W 2”“St),which is an auto-
repair shop.Oceanside Collision also owns
and operates out of 41 and 61 W 2"‘!St.
Both 41 and 61 W 2"“Street are zoned
Commercial,General (CG)and are
designated on the FLUM as Commercial
(CM).
The applicant is requesting to rezone the property from Residential,General,Two-Family
Commercial and amend the future land use map (FLUM)from Residential Medium density to
Commercial.
The vacant residentially zoned lot is being used by Oceanside Collision as part of their business to
store vehicles that are being worked on.Non-residential uses are go_tpermitted within the RG zoning
district.Earlier this year,the property owner installed a fence and pavement without a permit which
Agenda Item #9.A.23 Oct 2023
Page 47 of 106
(Oceans!-"2
Collision).
I 41 W2”5!
V
(Oceanside
Calllslon)
brought the automotive use to the
attention of staff.Staff advised the
property owner that this property is
zoned residential and not zoned for
the storage of vehicles and
automotiveservice.
Section 24-112 of the Code of
Ordinance the CG zoning district
permits minor automotive.In
section 24-17,minor automotive
service is de?ned as “....any facility
that performs the limited,minor or
routine servicing of motor vehicles
or parts,but shall not include major
automotive repair,and which
contains no more than two (2)work
bays.”The current buildings (41 and 61 W 2”“Street)meet the de?nition of “Automotive repair,
major shall mean any facility that performs any type of automotive service or repair with more than
two (2)work bays,or any facility that performs the rebuilding or reconditioning of motor vehicles or
parts thereof,including collision service,painting and steam cleaning of vehicles,regardless of the
number of work bays.”This type of use is only permitted in light industrial and warehousing district
(LIW).
Residential Zoning
Commercial Zoning
Residential Zoning
Commercial Zoning
Change Zoning and FLUMfrom
Residential to Commercial
Property
Location
(0 w2"‘St)
61 W2”"S1
focoansl
Collision)
41 W2 Sn
(omanslde
collision)
Agenda Item #9.A.23 Oct 2023
Page 48 of 106
HISTORY:
Oceanside Collision acquired 0,41 and 61 W 2”‘Street in July 2021.
0 W 2”’Street has never been developed and remained “unused”until about 1993 when aerial
photography shows the site being used to store vehicles.
61 W 2”“Street was developed in 1986 as a warehouse building.In 1987,City Commission
approved a use-by-exception to allow an automotive service garage at this location with the
condition that there be no outside stora e or work.The property has changed ownership a few
times since then but has continuously been operated as an automotive service garage.
Non-conforming uses (24-84 (c)are “...Uses of land which were lawfully created at the time such
uses were established,but which would not be permitted by the restrictions imposed by these land
development regulations or by restrictions imposed by the comprehensiveplan,may be continued
so long as thev remain otherwise lawful and in compliance with the orovisions of this section.
(2)Relocation or expansion ofnonconforming uses.A nonconforming use shall not be moved in
whole or in part to any other portion of the lot or parcel on which such nonconforming use is
located,nor shall a nonconforming use be expanded or enlarged.”
Agenda Item #9.A.23 Oct 2023
Page 49 of 106
.Property is being Property isbeing
Pro e rprty:5 vacon usedto store vehicles usedto store vehicle
OW 2'‘Street OW 2"Street
1.“-33A-rm?
DW '2'S3!-at
ANALYSIS &REVIEW
In considering a FLUM amendment application,Policy A.1.3.1 of the Comprehensive Plan states
that the City shall ?nd 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.l.l3.4 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 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
enviromnent or the aesthetic quality of the City,
(e)The potential to cause de?ciencies in adopted levels of service or to adversely impact
available water supplies,public facilities,infrastructure and services.
61W2"SI
{Gnomide
(omslon)61 W2"‘$lIWI”$l
Agenda Item #9.A.23 Oct 2023
Page 50 of 106
Per Section 24-62(c)(2)of the Land Development Regulations,the Community Development
Board shall “indicate the relationshi 0 the ro osed rezonin to the Com rehensive Plan or
the Ci and rovide a mdin that the re uested chan e in zonin is consistent with the
Com rehensive Plan ”.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,traf?c facilities and the aesthetic character of the
City.
Policy A.1.10.4 The City shall actively support the appropriate redevelopment and in?ll
development of the Mayport Road corridor.Retail and service uses that sustain neighborhoods,
and encourage a more aesthetically pleasing and pedestrian ?iendly 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.1.1l.1 (b)Commercial —The Commercial land use category is intended to provide
appropriate locations for neighborhood and community businesses providing services and retail
sales for the City and the closely surrounding communities.Government,civic,religious,cultural
and institutional uses,may also be located within this category.Permitted uses within the
Commercial category,along with uses that may be allowed by special exception,shall be limited
to the following and as more speci?cally described within the Land Development Regulations
and when located within the respective Zoning District classi?cations,which are intended to
provide a decreasing level of use intensity due to proximity to residential uses.
General Commercial.These areas shall include those businesses that provide retail goods and
services,which serve the routine and daily needs of residents,including banks and
professional services,grocery and convenience stores,restaurants,accredited public and
private schools and child care,but not including manufacturing,warehousing,storage or high
intensity 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.
ANALYSIS &REVIEW
In considering a rezoning evaluations of the request may be based on following:
(1)Consistency with the Comprehensive Plan
(2)Consistency with the intent of the land development regulations;
Agenda Item #9.A.23 Oct 2023
Page 51 of 106
(3)Consistency with other professional planning principles,standards,information and more
detailed plans and studies considered relevant
(4)Whether the proposed amendment and development permittedthereunder is premature or
otherwise creates or contributes to an urban sprawl pattern of development
(5)Whether the proposed amendment will constitute “spot zoning,”that is an isolated zoning
district unrelated to adjacent and nearby district
(6)Whether the uses permitted under the proposed rezoning will be consistent or compatible
with the existing and proposed land uses and zoning of adjacent and nearby properties or
the general area;or will deviate from an established or developing logical and orderly
development pattern;
(7)Whether the uses permitted under the proposed rezoning will deviate from an established
or developing development pattern that is logical and orderly;
(8)Whether the proposed rezoning and development permitted thereunder will result in
significant adverse impacts upon property values of adjacent or nearby properties or in the
general area more than the types of uses currently permitted;and '
(9)Whether the proposed rezoning and development permitted thereunder will detract from
the character and quality of life in the general area or neighborhood by creating excessive
traf?c,noise,lights,vibration,fumes,odors,dust,physical activities or other detrimental
effects or nuisances.
The Community Development Board (CDB)heard this agenda item at the September regular meeting
and voted 4 to 3 £9 recommend approval of the rezoning and comprehensive plan.However,some
CDB members expressed concerns that the proposed changes to the future land use map and rezoning
do not meet the vision of Mayport Road and the goals and policies in the Comprehensive Plan.
BUDGET:None
RECOMMENDATION:Commission review and vote on Ordinance No.31-23-16 (COMP23—
0002)and Ordinance No.90-23-251 (REZN23-0002)
ATTACHMENT(S):Ordinance No.31-23-16
Ordinance No.90-23-251
Draft CDB minutes
Application from applicant
REVIEWED BY CITY MANAGER:
Agenda Item #9.A.23 Oct 2023
Page 52 of 106
ORDINANCE NO.31-23-16
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
CONFLICT;PROVIDING FOR SEVERABILITY;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby finds that
the change in Future Land Use Map designation enactedby 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 Map designation were
developedinthe 1940sthrough the l 970s and includedcommercialuses priorto the City's adoptionofthe
?rst Comprehensive Plan and associated Future Land Use Map;and
WHEREAS,the Community Development Board held a duly noticed public hearing on
September 19,2023,to consider this Ordinance,and found the request to be consistent with the
City's Comprehensive Plan and voted to recommend that the City Commission approve this
Ordinance;and
WHEREAS,the City Commission considered this Ordinance after proper public notice and
comments from staff and the public.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance,and the City Commission ?nds as follows:
a.This change in future land use map designation has been fully considered after public
hearings with legal notice duly published as required by law and has met the procedural
requirementsas set forth in Sections 24-51,24-62 and the Land Development Regulations.
b.The proposed Future Land Use Map amendment to Commercial (CM)is consistent the
goals,policies and objectives of the City's adopted Comprehensive Plan.
c.All development within lands subject to this change in future land use map designation to
Commercial (CM)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 map designation of Commercial (CM)is consistent and compatible
Agenda Item #9.A.23 Oct 2023
Page 53 of 106
Q a sad.
with the surrounding development and future land use map designation in that the adjoining
properties to the east are already designated Commercial (CM)and allow commercial uses.
SECTION 2.Affected Pro erties.Pursuant to this change in Future Land Use Map designation
procedure,the Future Land Use Map 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 reclassi?ed ?'om Residential Medium (RM)to Commercial (CM).
SECTION 3.Future Land Use Ma R vi The Director of Planning and Community
Development is hereby directed to revise the of?cial Future Land Use Map of the City of Atlantic
Beach to re?ect the change in Future Land Use designation for those properties described in Exhibit
A from Residential Medium (RM)to Commercial (CM)and to submit documentation to the Florida
Department of Economic Opportunity as required by Section 163.3187,Florida Statutes.
SECTION 4.Con?ict.All ordinances,resolutions,of?cial detenninations or parts thereof
previously adopted or enteredby the City or any of its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this 23”‘day of October,2023
PASSED by the City Commission on second and ?nal reading this day of ,2023.
CITY OF ATLANTIC BEACH
as to form and correctness:
Jason Gabriel,City Attorney
Curtis Ford,Mayor
Donna L.Bartle,City Clerk Approved
Attest
Agenda Item #9.A.23 Oct 2023
Page 54 of 106
Exhibit A
The lands subject to this Ordinance No.31-23-16 changing their Future Land Use designation form
Residential Medium (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
0 West 2“Street 170834-0000
Agenda Item #9.A.23 Oct 2023
Page 55 of 106
ORDINANCE NO.90-23-251
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,
REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL,
GENERAL,TWO-FAMILY (RG),TO COMMERCIAL
GENERAL (CG);PROVIDING FINDINGS OF FACT;
REQUIRING RECORDATION;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that
the change in zoning classi?cation enacted by this Ordinance shall provide for orderly growth;
encourage the appropriate use of land;protect and conserve the value of property;prevent the
overcrowding of land;promote,protect and improve the health,safety,comfort,good order,
appearance,convenience,and general welfare of the public;andimplementthe goals and objectives
of the Comprehensive Plan;and
WHEREAS,the lands subject to this change in zoning classi?cation were largely developed
in 1975 prior to signi?cant changes to the Land Development Regulations and the Of?cial Zoning
Map;and
WHEREAS,the Community Development Board held a duly noticed public hearing on
September 19,2023,to consider this Ordinance,and found it to be consistent with the City’s
Comprehensive Plan and voted to recommend that the City Commission approve 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.Findin s of Fact.The above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance,and the City Commission ?nds as follows:
a This change in zoning district classi?cation has been fully considered after publichearings
with legal notice duly published as required by law and has met the procedural requirements
as set forth in Sections 24-51,24-62 and the Land Development Regulations.
b.The proposedrezoning to Commercial,General (CG)is consistent withthe Future Land Use
Map Commercial (CM)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 applicableprovisions of the Atlantic Beach Code of Ordinances prior
to issuance of local permits authorizing constructionor site alteration.
Agenda Item #9.A.23 Oct 2023
Page 56 of 106
d The zoning district classi?cation of Commercial,General (CG)is consistent and compatible
with the surrounding development and zoning districts in that the adjoining properties to the
east are Commercial,General (CG).
SECTION 2.Affected Pro erties.Pursuant to this change in zoning district designation procedure,
the zoning district classi?cation of those certain lands within the City of Atlantic Beach,as more
particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed
as Commercial,General (CG)from Residential,General,Two-Family (RG).This reclassi?cation
does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall
be reviewed and approved in accordance with the provisions of Chapter 24,Land Development
Regulations.
SECTION 3.Zonin Ma Revised.The Director of Planning and Community Development is
hereby directed to revise the of?cial Zoning Map of the City of Atlantic Beach to re?ect the change
in zoning classi?cation for those properties described in Exhibit A from Residential,General,Two-
Family (RG),to Commercial,General (CG).
SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or anyof its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this 23”’day of October,2023.
PASSED by the City Commission on second and ?nal reading this day of
,2023.
CITY OF ATLANTIC BEACH
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
Jason Garbiel,City Attorney
Agenda Item #9.A.23 Oct 2023
Page 57 of 106
Exhibit A
The lands subject to this Ordinance No.90-23-251 changing their zoning district designation from
Residential,General,Two-Fami1y(RG)to Commercial,General (CG)shall be those described on
the attached survey.
Address RE Number
0 West 2“Street 170834-0000
Agenda Item #9.A.23 Oct 2023
Page 58 of 106
MINUTES
Community Development Board (CDB)Meeting
Tuesday,September 19,2023 -6:00 PM
Commission Chamber
Present:Jennifer Lagner,Member
Angela Farford,Member
Kirk Hansen,Chair
Harold Gear,Member
Ellen Golombek,Member
Jeff Haynie,Member
Richard Arthur,Alternate Member
Absent:Sylvia Simmons,Member
Also Present:Amanda Askew,Planning &Community Development Director (PCDD)
Valerie Jones,Recording’Clerk
Abrielle Genest,Planner
Brian Broedell,Principal Planner
1.CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m.by Chair Hansen.
2.APPROVAL OF MINUTES
A.Approve minutes of the August 14,2023 regular meeting of the Community
Development Board.
The minutes were approved.
3.OLD BUSINESS
There was no old business.
Request is for a Future Land Use Map (FLUM)amendment to change the future land
use map designation of 0 West 2nd Street (RE#170834-0000)FROM Residential
Medium Density (RM)TO Commercial (CM).Also,a request for a rezoningof 0 West
2nd Street (RE#170834-0000)FROM Residential,General,Two-Family (RG)TO
Commercial,General (CG).
STAFF REPORT:Director Askew presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Ms.Lagner asked what is located
behind this property.Director Askew said it is existing mini-storage.Mr.Haynie asked
Community Development Board (CDB)
September 19,2023
Page 1 of 7
0 West 2nd Street REZN23-0002 (Ordinance No.90-23-251)and COMP23-0002
(Ordinance No.31-23-16)-Deferred from August 15"‘
Agenda Item #9.A.23 Oct 2023
Page 59 of 106
about the zoning on the mini-storage.Director Askew said it was zoned Residential and
is a non-conforming use.Mr.Arthur asked what the date was for policies that were
referenced in the staff report.Director Askew said the 2030 Comp Plan was updated in
2019 so some of the policies were existing and some were added.
APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He
explained that a previous Planning Director and Code Enforcement Of?cer told him
years ago that the cars couldn't be visible and that he had to put up a fence which he did
and is now being told he has to remove the new fence that he just installed.Mr.Rooks
said he has been at that location for 9 years and bought the property in 2021.He
explained that the previous business left vehicles everywhere and he puts them behind
the fence to keep things cleaned up.Mr.Haynie asked who his clientele consisted of.
Mr.Rooks said he works on the vehicles for several cities including Atlantic Beach,
police departmentsand a lot of local residents.Mr.Arthur asked about the asphalt and
whether itwas new.Mr.Rooks explainedthat the asphaltwas existing but had some pot
holes that he ?lled in.He said he thought the property was commercial since there was
an automotive shop there for over 25 years.Mr.Rooks found out itwas residential when
he purchased the property.
PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were
no public comments.
BOARD DISCUSSION:Chair Hansen told the Board that this case would go to the
City Commission no matter which way they vote.Mr.Gear was in favor of approval
due to the history of how long it has been operating as commercial as an automotive
business.Ms.Lagner and Ms.Golombek agreed.Mr.Arthur he had dif?culty witch
rezoning it since it conflicts with the Comp Plan in its attempt to change the Mayport
Corridor.Chair Hansen said he agreed that this rezoning would be totally inconsistent
with the Comp Plan but at the same time it has been a successful business for over 25
years.He said he wants to support the Comp Plan and was concerned about deviating
from the Mayport Vision Plan.Mr.Gear said that maybe the existing zoning is wrong
since the business behind Mr.Rooks is commercial and is also in a Residential zone.
Ms.Golombek said that maybe the Comp Plan has a desired direction but on the other
hand this business derives about 80%of its support from local businesses and residents.
Mr.Arthur said he would be okay with it existing as a non-conforming use but to support
a zoning change was hard for him to agree on.Ms.Farford said she was sympathetic to
a business that has operatedfor so long but also didn't ?nd itcompatiblewith surrounding
uses and she would have to deny it.Mr.Haynie spoke about the elements that the Board
is supposed to consider for a FLUM amendment.He said that he felt like the Comp Plan
goals were for what would be seen on Mayport Road but since this property isn't on
Mayport Road it wouldn't affect that goal.Mr.Haynie said there is reason to support
this request.
Motion:Je?’Haynie
Second:Ellen Golombek
Community Development Board (CDB)
September 19,2023
Page 2 of 7
MOTION:APPROVAL of COMP23-0002 and REZN23-0002 on the
grounds that it could be consistent \\ith the Comp Plan.
To recommend
Agenda Item #9.A.23 Oct 2023
Page 60 of 106
JenniferLagner
Angela F atford
Kirk Hansen
Harold Gear
Ellen Golombek (Seconded By)
JeffHaynie (Moved By)
Richard Arthur
For
Against
Against
For
For
For
Against
B.0 West 2nd Street ZVAR23-0023 (Harold J.Rooks)-Deferred from August 15th
meeting
Request for a variance to exceed the maximum fence height at 0 West 2nd Street.
STAFF REPORT:Director Askew presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Mr.Arthur askedhow far the fence
was off of the nronertv line.Director Askew said it is 2 feet off of the nronertv line.She
said that a front yard fence is limited to 4 feet.Mr.Haynie said he felt like some of this
would be contingent on the FLUM and the rezoning request.Director Askew said the
Board could make a motion to approve upon successful rezoning and the FLUM
amendment.Ms.Golombek asked if the sight lines were blocked.DirectorAskew said
it doesn't block any sight lines.Mr.Arthur asked if the applicant could remove several
of the panels to the fence going back to where he could then have a 6 foot fence.Director
Askew said that could be done.
APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He said
a fence has been there for over 25 years.
PUBLIC COMMENT:Chair Hansen openedthe floor to public comment.There were
no public comments.
BOARD DISCUSSION:Chair Hansen said he would like to see the varianceapproved
contingent on the FLUM amendment and rezoning approval.Mr.Haynie agreed and
added that he thought it could be approved siting condition #3 of the grounds for
decision.
MOTION:To APPROVE ZVAR23-0025 only if the City Commission approves the FLUM
amendment and the Rezoning change.
Motion:Je?"Haynie
Second:JenniferLagner
JenniferLagner (Seconded By)For
Angela Farford For
Hansen For
Community Development Board (CDB)
September 19,2023
Page 3 of 7
Motion passed 4 to 3.
Agenda Item #9.A.23 Oct 2023
Page 61 of 106
For
For
For
Against
Harold Gear
Ellen Golombek
Je_?’Haynie (Moved By)
Richard Arthur
Motion passed 6 to 1.
NEW BUSINESS
A.2093 Beach Avenue ZVAR23-0025 (Michael and Dorothy Turner)
Request for a variance to reduce the minimum 5-foot setback for mechanical equipment
at 2093 Beach Avenue.
Chair Hansen said the applicant is out of town and would like to defer the request to the
October meeting.
MOTION:To DEFER ZVAR23-0025 until 17th meeting.
Motion:Harold Gear
Second:Ellen Golombek
JenniferLagner For
Angela Farford For
Kirk Hansen For
Harold Gear (Moved By)For
Ellen Golombek (Seconded By)For
JejfHaynie For
Richard Arthur For
Motion passed 7to
B.338 11th Street ZVAR23-0026 (Chiara Figallo)
Request for a variance from Section 24-253 to allow a circular driveway on a property
with less than 100 feet of street frontage at 338 11th Street.
STAFF REPORT:Planner Genest presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Ms.Golombek asked if the
applicant would have to go to a tree committee for tree removal.Planner Genest said
they would have to get a tree removal permit.Ms.Golombek asked if the applicant
would then have to get the impervious ratio approved.Planner Genest said that would
happen in the process of having their building permit reviewed.Mr.Haynie asked if the
applicant got their permit approved and then decided to request a variance to do the
circular driveway.Ms.Farford asked what the reasoning was behind the 100 foot lot
width requirement for a circular driveway.Planner Genest said she thought it was to
limit driveway accesses and prevent potential for pedestrian and vehicle accidents.Mr.
Community Development Board (CDB)
September 19,2023
Page 4 of 7
the October
Agenda Item #9.A.23 Oct 2023
Page 62 of 106
MOTION:
Arthur asked when this restriction was added to the code.Planner Genest said she
thought it was 2001 but wasn't completely sure,adding that it has been in the code for
some time.Ms.Farford asked what the impervious surface ratio was.Planner Genest
saidthat the permit was reviewed by public works and approved so it must be under the
requirement.
APPLICANT REPORT:Ms.Figallo introduced herself as the applicant.She said that
they wanted a circular driveway because it would feel safer than backing out since the
driveway was extremely long.Ms.Figallo said they have a living space above the garage
which is at the end of the long driveway.She said that there are several lots on her street
that are the same width as hers and they have circular driveways.Mr.Haynie asked
about the original permit.Ms.Figallo said that the original permit was for a circular
driveway and it was denied so they went back and did a redesign to just have a backup
area to turn around in.She said she then realized that she could ask for a variance and
decided to do that and ask for the circular driveway.Mr.Figallo added that they would
not be removing any trees and were going to use permeable materials for the driveway.
PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were
no public comments.
BOARD DISCUSSION:Mr.Arthur understood why the applicant would want a
circular driveway due to the long existing driveway and the fact that the neighbor has a
circular driveway.Ms.Farford said that due to safety issues with backing out she could
see where #4 of the grounds for decision could apply to this request.Chair Hansen said
he couldn't support this request since the code is clear and a turn around area would allow
the applicant to pull straight out into the street.
To APPROVE ZVAR 23-0026 based on grounds #4 which sites onerous effect
of regulations enacted after platting or after development of the property or after construction of
improvement upon the property.
Motion:Angela Farford
Second:Richard Arthur
JenniferLagner Against
Angela Farford(Moved By)For
Kirk Hansen Against
Harold Gear Against
Ellen Golombek Against
Je?”Haynie Against
Richard Arthur (Seconded By)For
Motion failed2 to 5.
C.981 Sail?sh Drive ZVAR23-0027 (Spring?eld Builders,LLC)
Request for a variance from Section 24—68(b)(l)at 981 Sail?sh Drive.
Community Development Board (CDB)
September 19,2023
Page 5 of 7
Agenda Item #9.A.23 Oct 2023
Page 63 of 106
STAFF REPORT:Planner Broedell presented the information as explained in the staff
report.He also provided a PowerPoint presentation.Ms.Golombek asked if the
retention was solely based on the value and whether the impervious was less than the
45%.Planner Broedell said that it was based on the property valuation and the
imperviouswould be around 36%.
APPLICANT REPORT:Bucky Davis with Spring?eld Builders introduced himself as
the applicant.He said that he saw a previous request that was approved due to oak trees
on the property.Mr.Davis said that they saved 5 live oak trees totaling 117 inches by
?ipping the ?oor plan.He said that to provide water storage he said they would end up
ripping out the roots of all of those trees causing them to die.Mr.Davis said the required
storage would be 2,500 cubic feet or a swale 10 feet wide by 25 feet long.He said they
are stuck between 2 ordinances,a strong tree ordinance and the storrnwater storage
ordinance.
PUBLIC COMMENT:Chair Hansen openedthe ?oor to public comment.Therewere
no public comments.
BOARD DISCUSSION:There was no discussion.
MOTION:To APPROVE ZVAR23-0027 based on grounds for decision #3 citing
exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area and grounds #4 citing onerous effect of regulations enacted after platting
or after development of the property or after construction of improvement upon the property.
Motion:Angela Fatford
Second:Harold Gear
JenniferLagner
Angela Fatford(Moved By)
Kirk Hansen
Harold Gear (Seconded By)
Ellen Golombek
JeffHaynie
Richard Arthur
Motion passed 7 to 0.
REPORTS
There were no reports.
PUBLIC COMMENT
There was no public comment.
ADJOURNMENT
There being no further discussion,Chair Hansen declared the meeting adjourned at 7:13 p.m.
Community Development Board (CDB)
September 19,2023
Page 6 of 7
For
For
For
For
For
For
For
Agenda Item #9.A.23 Oct 2023
Page 64 of 106
Attest:
Amanda Askew Kirk Hansen,Chair
Community Development Board (CDB)
September 19,2023
Page 7 of 7
Agenda Item #9.A.23 Oct 2023
Page 65 of 106
ADDRE
o.r0U32 IKJOLS hm-(‘Jrc'ai<53v‘/5é’Mm.»:/,com
9]w in ;/m wt;3 71 0447
W/an/.0K5/\/'/Z.7})3}90¢]I6 :1 0 7AL
1,,/<Qn;/I//cw;
STATE ZIPCODE CELL#
FOR INTERNALOFFICE USE ONLY
City of Atlantic Beach pERMn#([§E2;12,2'@«¢
Community Development Department
800 SeminoleRoad AtlanticBeach.FL32233 E]$55o_oo Zoning Map Amendment
(P)904447-5800 C]$1,000.00 Text Amendment
APPLICANTINFORMATION
EMAK
PHONE#
PROVIDEALLOF THEFOLLOWINGINFORMATION:
1.The names and addresses ofallowners ofthe subject property.
2.The existing and proposed zoning district of the subject property.(Requested Action)
3.Astatement ofspecial reasons and justi?cation to support the rezoning as requested.
4.The signature of each owner ofthe lands sought to be rezoned.
IHEREBYCERTIFYTHATALLINFORMATIONPROVIDEDISCORRECT:Signature of Property Owner(s)orAuthorizedAgent
SITEINFORMATION
ADDRESS
SUBDNISION fr *BLOCK
RE#7 '393"0 9 LOT/PARCELSIZE ,7,'L 0.5 ZONINGCOD
E
COMPREHENSNEPLANFUTURELANDUSEDESIGNATION
REQUESTEDPROVISIONSFROMWHICHWANERISSOUGHT
DPRINTORTYPENAM
DAT
f 5:414;37x.71/2}
Notary Signature
MyCommission expires
Identi?cation veri?ed:
Oath Sworn:Yes
State of
Cou,of
./1
SIGN TU OFAPPLIC
\.J
IGNATUEOFAPPLICANT(2)
Signed and sworn before me on this day of
OR
21 REZONINGAPPLICATION02.28.2023
..__TONIGINDLESPERGER
MYCOMMISSION#GG353178.EXPIRES:October6,2023
BingedThruNotaryPublicUnderwrit
LO
CIT
Agenda Item #9.A.23 Oct 2023
Page 66 of 106
—9/W .2,./_n’}l‘-?ilé‘M /c
BLOCK#1 LOT#I 1_
TOTALACREAGE .1
ZONINGCODE
FLOODZONE
FUTURE LAND USE MAP (FLUM)AMENDMENT FOR]_'r5RNALopnc5u5goNLy
City of Atlantic Beach FILE#3,6~,@:'\_
Community Development Department
800 SeminoleRoad AtlanticBeach,FL32233
5,‘;(P)904.247.5300 SMALLSCALEDEVELOPMEN
T
SITEINFORMATION
ADDRESS CITY STATE ZIPCODE
SUBDIVISION 5.;“
RE#I70 3 »p
CURRENTFLUMDESIGNATION
PROPOSEDFLUMDESIGNATION
APPLIC NTINFORMATION
PHONE#
CELL#ADDRE
g LJ 6337 "“
415.4
So an 5 /<5?“H 4'16‘‘M5 anof"“’
card”3/[cold
’
70‘{-37.2-M67
4/W azna"I/to!70‘!ft!07.1.
7.4%82/»ft 3.1133CITY'STATE ZIPCODE
EMAIL 1]OWNER 1:]LEGALAUTHORIZEDAGENT
REQUESTFORFUTURELANDUSEMAP(FLUM)AMENDMENT:Applicants are advised that approval of an amendment to the Future
LandUse Map does not constitute approval for issuance of any pennit or Development Order.Useand development landsrelated to
this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Lan
dDevelopmentRegulations,any State and Federalpermitting requirements as wellas FloridaBuildingCode requirements for Category
"C"construction.
PROVIDEALLOFTHEFOLLOWINGINFORMATION
DESCRIPTIONOFPROPOSEDUSEANDPROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENTANDANY
PHASINGSCHEDULE).
IDENTIFYALLPUBLICANDPRNATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESO
FWATER,SEWERANDSOLIDWASTEDEMAND.
NUMBEROFWETLANDACRES
IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDORENDANGEREDSPECIESORHABITAT
IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDORENDANGEREDSPECIESOR HAB|'|'ATS.
22FUTURELANDUSEAMENDMENT-SMALL02.28.
V
NAM
PARCELSIZ
Agenda Item #9.A.23 Oct 2023
Page 67 of 106
""“".-3
ESTIMATEDIMPACTTOADOPTEDLEVELOFSERVICESTANDARDSASESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOFTH
EFFECT;VECOMPREHENSIVEPLAN.
74)dl<
.U1&l«MI\J—|
8.
9.
1
1
APPLICATIONPACKAGE CHECKLIST
*Additionalinformationmay be required,depending upon circumstances unique to individualapplications
.COVERPAGE:Identifyingthe project.
TABLEOFCONTENTS:Includea listof allexhibits and attachments.
STATEMENT:Statement addressing need andjustification for requested amendment
APPLICATION:Thisfomncompleted in it's entirety.
LISTOFADJACENT PROPERTY OWNERS ANDENVELOPES:Alistof adjacent property owners within 300 feet of the property
includingname,mailing address and their realestate number (located at the Property Appraiser's recent certi?ed tax rolls).
Includea legal sizeenvelope addressed to each property owner on the list(do not includea return address).Eachenvelope
must contain proper postage.Theorder of the enve o u atch the order in which the names a a on i t.
PROOFOF OWNERSHIP:Deed or certi?cate by lawyeror abstract or titlecompany that veri?es record owner-as above..LETTEROF AUTHORIZATION:Ifthe applicant isnot the owner provide a letterofauthorizationfrom the owner(s)forapplicant
to represent the owner(s)for allpurposes related to this application.
SURVEYAND LEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned.
LOCATIONMAP:General locationmap with property subject to application clearlyidenti?ed.
0.SITEPLAN:Site plan containing the following ifapplicable to the proposed project (account for allland included).
Numberand types ofdwelling units
Type and square feet ofcommercial or industrialuses
Anyexisting structures and proposed use
Anyopen space,buffers and recreational areas
Wetlands,streams,creeks,lakesor any other water bodies or Environmentally Sensitive Lands
Most recent aerial photograph of site and surrounding lands
Drainage and storm water facilitiesand other infrastructure,including ingress and egress,internal access and roadways
1.REQUIREDNUMBEROF COPIES:One (1)digitalcopy-additional paper copy isoptional
12.APPLICATIONFEE:$250.00
I HEREBYCERTIFYTHATALLINFORMATIONPROVIDEDISCORRECT:Signature of Property Owneris)or AuthorizedAgent
GNATURLOFAPPLICA
J
PRINTORTYPENAME DA
DAT
/5!
Notary Signature
MyCommission expires
TONIGINDLESPERG
ERMYCOMM15S1ON#GG353178
22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023
Identi?cationveri?ed
:
Oath Sworn:|_-_]Yes
by State of
SIGNATUREOFAPPLICANT(2)PRINTORTYPENAM
E
Signed and sworn before me on this day of
County of
Agenda Item #9.A.23 Oct 2023
Page 68 of 106
Prepared By:I Record 8.Return To:
Attorneys Title Services,LLC
12428 San Jose Blvd,Suite 1
Jacksonville,FL 32223
File No.:FL-210581
SPECIAL WARRANTYDEED
THISSPECIAL WARRANTY DEED,is made this 21“gdayofJuly,2021,by 41 WEST 2ND ST LLC,a
Florida limited liability company and APC JAX,LLC,a Florida limited liability company,and CLC
JAX,LLC,a Florida limited liability company,whose post office address is:36 W 6th Street,Atlantic
Beach,FL32233 (collectively the "Grantors“),to Oceanside Collision LLCwhose post of?ce address is:
41 W 2ND ST,AtlanticBeach,FL32233 (Grantee).
WITNESSETH:
That the Grantors,for and in consideration of the sum of Ten Dollars ($10.00)and other good and
valuableconsideration,the receipt and suf?ciency of which are hereby acknowledged,does hereby grant,
bargain,sell,alien,remise,release,convey and con?nn unto the Grantee all that certain land lyingand
being in Duval County,Florida,and more particularlydescribed herein below (the "Property"):
Parcel 1:
Lots 4 and 5,and the East 1i2 of Lot 6,Block 26,Section "H"Atlantic Beach,a subdivision
according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval
county,Florida.
Parcel 2:
The West 112 of Lot 6 and all of Lot 7,Block 26,Section "H"Atlantic Beach,a subdivision
according to the plat thereof recorded at Plat Book 18,Page 34,inlthe Public Records of Duvai
County,Florida.
Parcel 3:
Lots 1 and 2,Block 81,Section "H"Atlantic Beach,a subdivision according to the plat thereof
recorded at Plat Book 18,Page 34,in the Public Records ofDuvai County,Florida.
Parcel identification No.:170732-0000,170834—D000and 170733-0000
TOGETHER WITH all the easements,tenements,hereditaments,and appurtenances thereunto
belonging or in anywise appertaining.
TO HAVE ANDTO HOLD,the same in fee simple forever
Doc #2021196990,OR BK 19841 Page 562,Number Pages:3,
Recorded 08/02/2021 10:15 AM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $27.00 DEED DOC ST $7700.00
Agenda Item #9.A.23 Oct 2023
Page 69 of 106
ANDthe Grantors hereby covenants withGrantee that,except as noted above,at the time of delivery of
this Special Warranty Deed said Property was free from all encumbrances made by Grantors and that
Grantors shall and willWARRANTANDDEFENDthe same against the lawful claims and demands of all
persons claiming by,through or under Grantors but against none others.
INWITNESS WHEREOF,the Grantors have caused this Special Warranty Deed to be executed by its
duly authorized of?cer on the day and year first above written.
Signed sealed,and delivered
in the presence of:
41 WEST 2ND ST LLC,a Florida limited
liabilitycompany
Print Name?,,31.z,.g5-3_,‘/,_,,,L1
BY:
P’am M:‘5.‘3w ~°'AtillioP.Cerquei
M leg;,3if
A
/
BY:
Catherine L.Cerqueira
Manager
APC JAX,LLC,a Florida limitedliability
company
Cfhafg‘/f I./:9‘aw/4
/’/BY;
Print ame:“"~~l—-1 .€'5..»k..r AtillioP.Cerqu ra
Manager
/
_
..-:.»'""?/7f::’%?;“"’“"'"'"“”""”"'CLC JAX,LLC.a Florida limited
-:“PrintName:(419 fig»;ax/'-Ir of liabilitycompany
.r-.._,3 _{7,_,[.,_,BY:'LC-*6/3-L"’m""—
'Catherine L.Cerqueira ‘;
Manager \/
Pri
rintName:
OR BK 19841 PAGE 563
Agenda Item #9.A.23 Oct 2023
Page 70 of 106
STATE OF FLORIDA
COUNTYOF DUVAL
The foregoing special warranty deed was acknowledged before me by means of/>_<_:physical presence
or oniine notarization this Q'3l“3'day of July,2021,by AtillioP.Cerqueira,as Manager of 41
WEST 2ND ST LLC,a Florida limited liabilitycompany,and as Manager of APC JAX,LLC.a Florid
alimitedliabilitycompany,who produced a valid Floridadrivers‘license as identi?cation.
£«r1f:‘_fl_«@(,OCHARLESR.WOOD otary Public
*
''
*Commission#GG970899c% wExpiresMarch11,2024
to,‘L04 Bonded‘Elm:Bmlgatuolarysorvloes
-.r'/‘.0 5-L/
t-‘r?cg
"T/:i,.a,2o29
/I
n Kfoj‘V
\//'J"C
/
"‘v-.."*5L}
STATE OF FLORiDA
COUNTYOF DUVAL
The foregoing special warranty deed was acknowledged before me by means of X physical presence
or online notarization this 2.:2"3'dayof July,2021,by Catherine L.Cerqueira.as Manager of 41
WEST 2ND ST LLC.a Florida limited liabilitycompany,and as Manager of CLC JAX,LLC,a Florida
limitedliabilitycompany,who produced a valid Florida drivers‘license as identi?cation.
NotaryPublic
Notary Printedor Typed Name
MyCommission Expires:
CHARLESR.WOOD
Gommisslnn?GG970899
ExpiresMatch11.2024
Blrrld-adminBudqnl??tlrysarvltez
N .Otary Printed or Typed Name
MyCommissionExpirés:
xf-7’
,«_.
OR BK 19841 PAGE 564
Agenda Item #9.A.23 Oct 2023
Page 71 of 106
I:
\
\\\\M\\\\\\\
Dn.'Is2or~.-or-'CORPORATION
Detail by Entity Name
Florida LimitedLiabilityCompany
OCEANSIDECOLLISION,LLC
?m9
Document Number L14000O64727
FEIIEINNumber 46-5435805
Date Filed 04/21/2014
Effective Date 04/21/2014
State FL
Status ACTIVE
Ed??
41 W.2NDST
ATLANTICBEACH,FL32233
MaiJin9.Ads!r_e2s
41 W2NDST
ATLANTICBEACH,FL 32233
ROCKS,HAROLDJ
41 W2NDST
ATLANTICBEACH,FL 32233
smm
Name 8:Address
TitleMANAGERMEMBER
ROOKS,HAROLDJ
41 W.2NDST
ATLANTICBEACH,FL32233
Annualjienem
Report Year Filed Date
2021 01/05/2021
2022 01/05/2022
2023 01/03/2023
https:/Isearch.sunbiz.orgl|nquirylcorpnrationsearchISearchResultDetail?inquirytype=EntityName8-directionType=lnitia|1/2
9§
m I .Qi2?§i9n9f_Q9.weA?_c>_r.-st I m I §§aIszb.bsLEnmy.Nam.rzI
,/9:37AM Detailby EntityName
Agenda Item #9.A.23 Oct 2023
Page 72 of 106
.........E.._.,._,_.._.;_.=._._,_._.L_................gNN..AL 3...Q5,9 9 El ?DIl\A I IIlITl=l'\I IARII ITV PGIIDAMVA
DOCUMENT#L14000064727
Entity Name:OCEANSIDECOLLISION,LLC
Current Principal Place of Business:
41 W.2NDST
ATLANTICBEACH.FL 32233
Current Mailing Address:
41 W 2ND ST
ATLANTICBEACH,FL 32233
FEI Number:465435805
Name and Address of current Registered Agent:
ROOKS.HAROLDJ
41 W2NDST
ATLANTICBB\CH.FL 32233 US
SIGNATURE:
ElectronicSlgnature of Registered Agent
Authorized Person(s)Detail :
Title MANAGERMEMBER
Name ROOKS,HAROLDJ
Address 41 w.2ND s'r
City-State-Zip:ATLAN'l1CBEACH FL 32233
FILED
Jan 03,2023
Secretary of State
212965260206
Certi?cate of Status Deslred:No
Ihelabyoer?ly??aubelmuma?anlrrdlcatadan?ztsrspartnvsupplamentalraponlstruaandaacuratearvdmatmyelectrurtfcsignaunashailhanm?losamelegala?bctaslfmadeundar
oaih.-Ihauamamanmthgmomberormanagerortnenmftadllahl?lyazmpanyarthe racefwrnrlms?ua empawamdtoaxamsa Ihisrapodasrequbedby Chaptar605.FicridaSuztutasm
nd?mmynan1enppearsabwe.armana?adzmen!wi?1a?o0Ier?kaen1povvemd.
SIGNATURE:HAROLDROOKS OWNERI PRESIDENT 01/03/2023
Electronic Signature of Slgnlng AuthorizedPerson(s)Detail Data
The above named entity submitsthisstatement forthepurpose ofchanging itsragistanado?ice ornagistered agent.orbath,inthe State ofFlorida
Date
Agenda Item #9.A.23 Oct 2023
Page 73 of 106
N L5‘W.$‘J_\“.\-Hay]_,__'"l..\_IQ
5
'a.s‘\a
Agenda Item #9.A.23 Oct 2023Page 74 of 106
Agenda Item #9.A.23 Oct 2023Page 75 of 106
—-n—-.—.-ua-.-.—-.-—.-.-11”-—a———Agenda Item #9.A.23 Oct 2023Page 76 of 106
’«.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance No.31-23-16 (COMP23-0002)and Ordinance No.90-23-
251 (REZN23-0002).Request for a Future Land Use Map (FLUM)
amendment to change the future land use map from Residential Medium
Density (RM)to Commercial (CM)and a zoning map amendment to
change the zoning map from Residential,General,Two-Family (RG)to
Commercial General (CG)for 0 West 2"“Street (RE #170834 0000)
SUBMITTED BY:Amanda Askew,Director of Planning and Community Development
TODAY’S DATE:October 11,2023
MEETING DATE:October 23,2023
BACKGROUND:Request for a
Future Land Use Map (FLUM)amendment
to change the future land use map from
Residential Medium Density (RM)to
Commercial (CM)and a zoning map
amendment to change the zoning map from
Residential,General,Two-Family (RG)to
Commercial General (CG)for 0 West 2nd
Street (RE #170834 0000).
The subject property,0 W 2“dStreet,is a
Vacant lot and is adjacent to Oceanside
Collision (61 W 2”“St),which is an auto-
repair shop.Oceanside Collision also owns
and operates out of 41 and 61 W 2"‘!St.
Both 41 and 61 W 2"“Street are zoned
Commercial,General (CG)and are
designated on the FLUM as Commercial
(CM).
The applicant is requesting to rezone the property from Residential,General,Two-Family
Commercial and amend the future land use map (FLUM)from Residential Medium density to
Commercial.
The vacant residentially zoned lot is being used by Oceanside Collision as part of their business to
store vehicles that are being worked on.Non-residential uses are go_tpermitted within the RG zoning
district.Earlier this year,the property owner installed a fence and pavement without a permit which
Agenda Item #9.B.23 Oct 2023
Page 77 of 106
(Oceans!-"2
Collision).
I 41 W2”5!
V
(Oceanside
Calllslon)
brought the automotive use to the
attention of staff.Staff advised the
property owner that this property is
zoned residential and not zoned for
the storage of vehicles and
automotiveservice.
Section 24-112 of the Code of
Ordinance the CG zoning district
permits minor automotive.In
section 24-17,minor automotive
service is de?ned as “....any facility
that performs the limited,minor or
routine servicing of motor vehicles
or parts,but shall not include major
automotive repair,and which
contains no more than two (2)work
bays.”The current buildings (41 and 61 W 2”“Street)meet the de?nition of “Automotive repair,
major shall mean any facility that performs any type of automotive service or repair with more than
two (2)work bays,or any facility that performs the rebuilding or reconditioning of motor vehicles or
parts thereof,including collision service,painting and steam cleaning of vehicles,regardless of the
number of work bays.”This type of use is only permitted in light industrial and warehousing district
(LIW).
Residential Zoning
Commercial Zoning
Residential Zoning
Commercial Zoning
Change Zoning and FLUMfrom
Residential to Commercial
Property
Location
(0 w2"‘St)
61 W2”"S1
focoansl
Collision)
41 W2 Sn
(omanslde
collision)
Agenda Item #9.B.23 Oct 2023
Page 78 of 106
HISTORY:
Oceanside Collision acquired 0,41 and 61 W 2”‘Street in July 2021.
0 W 2”’Street has never been developed and remained “unused”until about 1993 when aerial
photography shows the site being used to store vehicles.
61 W 2”“Street was developed in 1986 as a warehouse building.In 1987,City Commission
approved a use-by-exception to allow an automotive service garage at this location with the
condition that there be no outside stora e or work.The property has changed ownership a few
times since then but has continuously been operated as an automotive service garage.
Non-conforming uses (24-84 (c)are “...Uses of land which were lawfully created at the time such
uses were established,but which would not be permitted by the restrictions imposed by these land
development regulations or by restrictions imposed by the comprehensiveplan,may be continued
so long as thev remain otherwise lawful and in compliance with the orovisions of this section.
(2)Relocation or expansion ofnonconforming uses.A nonconforming use shall not be moved in
whole or in part to any other portion of the lot or parcel on which such nonconforming use is
located,nor shall a nonconforming use be expanded or enlarged.”
Agenda Item #9.B.23 Oct 2023
Page 79 of 106
.Property is being Property isbeing
Pro e rprty:5 vacon usedto store vehicles usedto store vehicle
OW 2'‘Street OW 2"Street
1.“-33A-rm?
DW '2'S3!-at
ANALYSIS &REVIEW
In considering a FLUM amendment application,Policy A.1.3.1 of the Comprehensive Plan states
that the City shall ?nd 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.l.l3.4 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 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
enviromnent or the aesthetic quality of the City,
(e)The potential to cause de?ciencies in adopted levels of service or to adversely impact
available water supplies,public facilities,infrastructure and services.
61W2"SI
{Gnomide
(omslon)61 W2"‘$lIWI”$l
Agenda Item #9.B.23 Oct 2023
Page 80 of 106
Per Section 24-62(c)(2)of the Land Development Regulations,the Community Development
Board shall “indicate the relationshi 0 the ro osed rezonin to the Com rehensive Plan or
the Ci and rovide a mdin that the re uested chan e in zonin is consistent with the
Com rehensive Plan ”.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,traf?c facilities and the aesthetic character of the
City.
Policy A.1.10.4 The City shall actively support the appropriate redevelopment and in?ll
development of the Mayport Road corridor.Retail and service uses that sustain neighborhoods,
and encourage a more aesthetically pleasing and pedestrian ?iendly 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.1.1l.1 (b)Commercial —The Commercial land use category is intended to provide
appropriate locations for neighborhood and community businesses providing services and retail
sales for the City and the closely surrounding communities.Government,civic,religious,cultural
and institutional uses,may also be located within this category.Permitted uses within the
Commercial category,along with uses that may be allowed by special exception,shall be limited
to the following and as more speci?cally described within the Land Development Regulations
and when located within the respective Zoning District classi?cations,which are intended to
provide a decreasing level of use intensity due to proximity to residential uses.
General Commercial.These areas shall include those businesses that provide retail goods and
services,which serve the routine and daily needs of residents,including banks and
professional services,grocery and convenience stores,restaurants,accredited public and
private schools and child care,but not including manufacturing,warehousing,storage or high
intensity 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.
ANALYSIS &REVIEW
In considering a rezoning evaluations of the request may be based on following:
(1)Consistency with the Comprehensive Plan
(2)Consistency with the intent of the land development regulations;
Agenda Item #9.B.23 Oct 2023
Page 81 of 106
(3)Consistency with other professional planning principles,standards,information and more
detailed plans and studies considered relevant
(4)Whether the proposed amendment and development permittedthereunder is premature or
otherwise creates or contributes to an urban sprawl pattern of development
(5)Whether the proposed amendment will constitute “spot zoning,”that is an isolated zoning
district unrelated to adjacent and nearby district
(6)Whether the uses permitted under the proposed rezoning will be consistent or compatible
with the existing and proposed land uses and zoning of adjacent and nearby properties or
the general area;or will deviate from an established or developing logical and orderly
development pattern;
(7)Whether the uses permitted under the proposed rezoning will deviate from an established
or developing development pattern that is logical and orderly;
(8)Whether the proposed rezoning and development permitted thereunder will result in
significant adverse impacts upon property values of adjacent or nearby properties or in the
general area more than the types of uses currently permitted;and '
(9)Whether the proposed rezoning and development permitted thereunder will detract from
the character and quality of life in the general area or neighborhood by creating excessive
traf?c,noise,lights,vibration,fumes,odors,dust,physical activities or other detrimental
effects or nuisances.
The Community Development Board (CDB)heard this agenda item at the September regular meeting
and voted 4 to 3 £9 recommend approval of the rezoning and comprehensive plan.However,some
CDB members expressed concerns that the proposed changes to the future land use map and rezoning
do not meet the vision of Mayport Road and the goals and policies in the Comprehensive Plan.
BUDGET:None
RECOMMENDATION:Commission review and vote on Ordinance No.31-23-16 (COMP23—
0002)and Ordinance No.90-23-251 (REZN23-0002)
ATTACHMENT(S):Ordinance No.31-23-16
Ordinance No.90-23-251
Draft CDB minutes
Application from applicant
REVIEWED BY CITY MANAGER:
Agenda Item #9.B.23 Oct 2023
Page 82 of 106
ORDINANCE NO.31-23-16
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
CONFLICT;PROVIDING FOR SEVERABILITY;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby finds that
the change in Future Land Use Map designation enactedby 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 Map designation were
developedinthe 1940sthrough the l 970s and includedcommercialuses priorto the City's adoptionofthe
?rst Comprehensive Plan and associated Future Land Use Map;and
WHEREAS,the Community Development Board held a duly noticed public hearing on
September 19,2023,to consider this Ordinance,and found the request to be consistent with the
City's Comprehensive Plan and voted to recommend that the City Commission approve this
Ordinance;and
WHEREAS,the City Commission considered this Ordinance after proper public notice and
comments from staff and the public.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Findings of Fact.The above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance,and the City Commission ?nds as follows:
a.This change in future land use map designation has been fully considered after public
hearings with legal notice duly published as required by law and has met the procedural
requirementsas set forth in Sections 24-51,24-62 and the Land Development Regulations.
b.The proposed Future Land Use Map amendment to Commercial (CM)is consistent the
goals,policies and objectives of the City's adopted Comprehensive Plan.
c.All development within lands subject to this change in future land use map designation to
Commercial (CM)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 map designation of Commercial (CM)is consistent and compatible
Agenda Item #9.B.23 Oct 2023
Page 83 of 106
Q a sad.
with the surrounding development and future land use map designation in that the adjoining
properties to the east are already designated Commercial (CM)and allow commercial uses.
SECTION 2.Affected Pro erties.Pursuant to this change in Future Land Use Map designation
procedure,the Future Land Use Map 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 reclassi?ed ?'om Residential Medium (RM)to Commercial (CM).
SECTION 3.Future Land Use Ma R vi The Director of Planning and Community
Development is hereby directed to revise the of?cial Future Land Use Map of the City of Atlantic
Beach to re?ect the change in Future Land Use designation for those properties described in Exhibit
A from Residential Medium (RM)to Commercial (CM)and to submit documentation to the Florida
Department of Economic Opportunity as required by Section 163.3187,Florida Statutes.
SECTION 4.Con?ict.All ordinances,resolutions,of?cial detenninations or parts thereof
previously adopted or enteredby the City or any of its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this 23”‘day of October,2023
PASSED by the City Commission on second and ?nal reading this day of ,2023.
CITY OF ATLANTIC BEACH
as to form and correctness:
Jason Gabriel,City Attorney
Curtis Ford,Mayor
Donna L.Bartle,City Clerk Approved
Attest
Agenda Item #9.B.23 Oct 2023
Page 84 of 106
Exhibit A
The lands subject to this Ordinance No.31-23-16 changing their Future Land Use designation form
Residential Medium (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
0 West 2“Street 170834-0000
Agenda Item #9.B.23 Oct 2023
Page 85 of 106
ORDINANCE NO.90-23-251
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH,COUNTY OF DUVAL,STATE OF FLORIDA,
REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL,
GENERAL,TWO-FAMILY (RG),TO COMMERCIAL
GENERAL (CG);PROVIDING FINDINGS OF FACT;
REQUIRING RECORDATION;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Atlantic Beach,Florida hereby ?nds that
the change in zoning classi?cation enacted by this Ordinance shall provide for orderly growth;
encourage the appropriate use of land;protect and conserve the value of property;prevent the
overcrowding of land;promote,protect and improve the health,safety,comfort,good order,
appearance,convenience,and general welfare of the public;andimplementthe goals and objectives
of the Comprehensive Plan;and
WHEREAS,the lands subject to this change in zoning classi?cation were largely developed
in 1975 prior to signi?cant changes to the Land Development Regulations and the Of?cial Zoning
Map;and
WHEREAS,the Community Development Board held a duly noticed public hearing on
September 19,2023,to consider this Ordinance,and found it to be consistent with the City’s
Comprehensive Plan and voted to recommend that the City Commission approve 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.Findin s of Fact.The above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance,and the City Commission ?nds as follows:
a This change in zoning district classi?cation has been fully considered after publichearings
with legal notice duly published as required by law and has met the procedural requirements
as set forth in Sections 24-51,24-62 and the Land Development Regulations.
b.The proposedrezoning to Commercial,General (CG)is consistent withthe Future Land Use
Map Commercial (CM)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 applicableprovisions of the Atlantic Beach Code of Ordinances prior
to issuance of local permits authorizing constructionor site alteration.
Agenda Item #9.B.23 Oct 2023
Page 86 of 106
d The zoning district classi?cation of Commercial,General (CG)is consistent and compatible
with the surrounding development and zoning districts in that the adjoining properties to the
east are Commercial,General (CG).
SECTION 2.Affected Pro erties.Pursuant to this change in zoning district designation procedure,
the zoning district classi?cation of those certain lands within the City of Atlantic Beach,as more
particularly described in Exhibit A,attached hereto and made a part hereof,are hereby reclassi?ed
as Commercial,General (CG)from Residential,General,Two-Family (RG).This reclassi?cation
does not grant authority for any speci?c uses on said lands.Any proposed use on said lands shall
be reviewed and approved in accordance with the provisions of Chapter 24,Land Development
Regulations.
SECTION 3.Zonin Ma Revised.The Director of Planning and Community Development is
hereby directed to revise the of?cial Zoning Map of the City of Atlantic Beach to re?ect the change
in zoning classi?cation for those properties described in Exhibit A from Residential,General,Two-
Family (RG),to Commercial,General (CG).
SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or anyof its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this 23”’day of October,2023.
PASSED by the City Commission on second and ?nal reading this day of
,2023.
CITY OF ATLANTIC BEACH
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
Jason Garbiel,City Attorney
Agenda Item #9.B.23 Oct 2023
Page 87 of 106
Exhibit A
The lands subject to this Ordinance No.90-23-251 changing their zoning district designation from
Residential,General,Two-Fami1y(RG)to Commercial,General (CG)shall be those described on
the attached survey.
Address RE Number
0 West 2“Street 170834-0000
Agenda Item #9.B.23 Oct 2023
Page 88 of 106
MINUTES
Community Development Board (CDB)Meeting
Tuesday,September 19,2023 -6:00 PM
Commission Chamber
Present:Jennifer Lagner,Member
Angela Farford,Member
Kirk Hansen,Chair
Harold Gear,Member
Ellen Golombek,Member
Jeff Haynie,Member
Richard Arthur,Alternate Member
Absent:Sylvia Simmons,Member
Also Present:Amanda Askew,Planning &Community Development Director (PCDD)
Valerie Jones,Recording’Clerk
Abrielle Genest,Planner
Brian Broedell,Principal Planner
1.CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m.by Chair Hansen.
2.APPROVAL OF MINUTES
A.Approve minutes of the August 14,2023 regular meeting of the Community
Development Board.
The minutes were approved.
3.OLD BUSINESS
There was no old business.
Request is for a Future Land Use Map (FLUM)amendment to change the future land
use map designation of 0 West 2nd Street (RE#170834-0000)FROM Residential
Medium Density (RM)TO Commercial (CM).Also,a request for a rezoningof 0 West
2nd Street (RE#170834-0000)FROM Residential,General,Two-Family (RG)TO
Commercial,General (CG).
STAFF REPORT:Director Askew presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Ms.Lagner asked what is located
behind this property.Director Askew said it is existing mini-storage.Mr.Haynie asked
Community Development Board (CDB)
September 19,2023
Page 1 of 7
0 West 2nd Street REZN23-0002 (Ordinance No.90-23-251)and COMP23-0002
(Ordinance No.31-23-16)-Deferred from August 15"‘
Agenda Item #9.B.23 Oct 2023
Page 89 of 106
about the zoning on the mini-storage.Director Askew said it was zoned Residential and
is a non-conforming use.Mr.Arthur asked what the date was for policies that were
referenced in the staff report.Director Askew said the 2030 Comp Plan was updated in
2019 so some of the policies were existing and some were added.
APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He
explained that a previous Planning Director and Code Enforcement Of?cer told him
years ago that the cars couldn't be visible and that he had to put up a fence which he did
and is now being told he has to remove the new fence that he just installed.Mr.Rooks
said he has been at that location for 9 years and bought the property in 2021.He
explained that the previous business left vehicles everywhere and he puts them behind
the fence to keep things cleaned up.Mr.Haynie asked who his clientele consisted of.
Mr.Rooks said he works on the vehicles for several cities including Atlantic Beach,
police departmentsand a lot of local residents.Mr.Arthur asked about the asphalt and
whether itwas new.Mr.Rooks explainedthat the asphaltwas existing but had some pot
holes that he ?lled in.He said he thought the property was commercial since there was
an automotive shop there for over 25 years.Mr.Rooks found out itwas residential when
he purchased the property.
PUBLIC COMMENT:Chair Hansen opened the floor to public comment.There were
no public comments.
BOARD DISCUSSION:Chair Hansen told the Board that this case would go to the
City Commission no matter which way they vote.Mr.Gear was in favor of approval
due to the history of how long it has been operating as commercial as an automotive
business.Ms.Lagner and Ms.Golombek agreed.Mr.Arthur he had dif?culty witch
rezoning it since it conflicts with the Comp Plan in its attempt to change the Mayport
Corridor.Chair Hansen said he agreed that this rezoning would be totally inconsistent
with the Comp Plan but at the same time it has been a successful business for over 25
years.He said he wants to support the Comp Plan and was concerned about deviating
from the Mayport Vision Plan.Mr.Gear said that maybe the existing zoning is wrong
since the business behind Mr.Rooks is commercial and is also in a Residential zone.
Ms.Golombek said that maybe the Comp Plan has a desired direction but on the other
hand this business derives about 80%of its support from local businesses and residents.
Mr.Arthur said he would be okay with it existing as a non-conforming use but to support
a zoning change was hard for him to agree on.Ms.Farford said she was sympathetic to
a business that has operatedfor so long but also didn't ?nd itcompatiblewith surrounding
uses and she would have to deny it.Mr.Haynie spoke about the elements that the Board
is supposed to consider for a FLUM amendment.He said that he felt like the Comp Plan
goals were for what would be seen on Mayport Road but since this property isn't on
Mayport Road it wouldn't affect that goal.Mr.Haynie said there is reason to support
this request.
Motion:Je?’Haynie
Second:Ellen Golombek
Community Development Board (CDB)
September 19,2023
Page 2 of 7
MOTION:APPROVAL of COMP23-0002 and REZN23-0002 on the
grounds that it could be consistent \\ith the Comp Plan.
To recommend
Agenda Item #9.B.23 Oct 2023
Page 90 of 106
JenniferLagner
Angela F atford
Kirk Hansen
Harold Gear
Ellen Golombek (Seconded By)
JeffHaynie (Moved By)
Richard Arthur
For
Against
Against
For
For
For
Against
B.0 West 2nd Street ZVAR23-0023 (Harold J.Rooks)-Deferred from August 15th
meeting
Request for a variance to exceed the maximum fence height at 0 West 2nd Street.
STAFF REPORT:Director Askew presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Mr.Arthur askedhow far the fence
was off of the nronertv line.Director Askew said it is 2 feet off of the nronertv line.She
said that a front yard fence is limited to 4 feet.Mr.Haynie said he felt like some of this
would be contingent on the FLUM and the rezoning request.Director Askew said the
Board could make a motion to approve upon successful rezoning and the FLUM
amendment.Ms.Golombek asked if the sight lines were blocked.DirectorAskew said
it doesn't block any sight lines.Mr.Arthur asked if the applicant could remove several
of the panels to the fence going back to where he could then have a 6 foot fence.Director
Askew said that could be done.
APPLICANT REPORT:Harold Rooks introduced himself as the applicant.He said
a fence has been there for over 25 years.
PUBLIC COMMENT:Chair Hansen openedthe floor to public comment.There were
no public comments.
BOARD DISCUSSION:Chair Hansen said he would like to see the varianceapproved
contingent on the FLUM amendment and rezoning approval.Mr.Haynie agreed and
added that he thought it could be approved siting condition #3 of the grounds for
decision.
MOTION:To APPROVE ZVAR23-0025 only if the City Commission approves the FLUM
amendment and the Rezoning change.
Motion:Je?"Haynie
Second:JenniferLagner
JenniferLagner (Seconded By)For
Angela Farford For
Hansen For
Community Development Board (CDB)
September 19,2023
Page 3 of 7
Motion passed 4 to 3.
Agenda Item #9.B.23 Oct 2023
Page 91 of 106
For
For
For
Against
Harold Gear
Ellen Golombek
Je_?’Haynie (Moved By)
Richard Arthur
Motion passed 6 to 1.
NEW BUSINESS
A.2093 Beach Avenue ZVAR23-0025 (Michael and Dorothy Turner)
Request for a variance to reduce the minimum 5-foot setback for mechanical equipment
at 2093 Beach Avenue.
Chair Hansen said the applicant is out of town and would like to defer the request to the
October meeting.
MOTION:To DEFER ZVAR23-0025 until 17th meeting.
Motion:Harold Gear
Second:Ellen Golombek
JenniferLagner For
Angela Farford For
Kirk Hansen For
Harold Gear (Moved By)For
Ellen Golombek (Seconded By)For
JejfHaynie For
Richard Arthur For
Motion passed 7to
B.338 11th Street ZVAR23-0026 (Chiara Figallo)
Request for a variance from Section 24-253 to allow a circular driveway on a property
with less than 100 feet of street frontage at 338 11th Street.
STAFF REPORT:Planner Genest presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Ms.Golombek asked if the
applicant would have to go to a tree committee for tree removal.Planner Genest said
they would have to get a tree removal permit.Ms.Golombek asked if the applicant
would then have to get the impervious ratio approved.Planner Genest said that would
happen in the process of having their building permit reviewed.Mr.Haynie asked if the
applicant got their permit approved and then decided to request a variance to do the
circular driveway.Ms.Farford asked what the reasoning was behind the 100 foot lot
width requirement for a circular driveway.Planner Genest said she thought it was to
limit driveway accesses and prevent potential for pedestrian and vehicle accidents.Mr.
Community Development Board (CDB)
September 19,2023
Page 4 of 7
the October
Agenda Item #9.B.23 Oct 2023
Page 92 of 106
MOTION:
Arthur asked when this restriction was added to the code.Planner Genest said she
thought it was 2001 but wasn't completely sure,adding that it has been in the code for
some time.Ms.Farford asked what the impervious surface ratio was.Planner Genest
saidthat the permit was reviewed by public works and approved so it must be under the
requirement.
APPLICANT REPORT:Ms.Figallo introduced herself as the applicant.She said that
they wanted a circular driveway because it would feel safer than backing out since the
driveway was extremely long.Ms.Figallo said they have a living space above the garage
which is at the end of the long driveway.She said that there are several lots on her street
that are the same width as hers and they have circular driveways.Mr.Haynie asked
about the original permit.Ms.Figallo said that the original permit was for a circular
driveway and it was denied so they went back and did a redesign to just have a backup
area to turn around in.She said she then realized that she could ask for a variance and
decided to do that and ask for the circular driveway.Mr.Figallo added that they would
not be removing any trees and were going to use permeable materials for the driveway.
PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were
no public comments.
BOARD DISCUSSION:Mr.Arthur understood why the applicant would want a
circular driveway due to the long existing driveway and the fact that the neighbor has a
circular driveway.Ms.Farford said that due to safety issues with backing out she could
see where #4 of the grounds for decision could apply to this request.Chair Hansen said
he couldn't support this request since the code is clear and a turn around area would allow
the applicant to pull straight out into the street.
To APPROVE ZVAR 23-0026 based on grounds #4 which sites onerous effect
of regulations enacted after platting or after development of the property or after construction of
improvement upon the property.
Motion:Angela Farford
Second:Richard Arthur
JenniferLagner Against
Angela Farford(Moved By)For
Kirk Hansen Against
Harold Gear Against
Ellen Golombek Against
Je?”Haynie Against
Richard Arthur (Seconded By)For
Motion failed2 to 5.
C.981 Sail?sh Drive ZVAR23-0027 (Spring?eld Builders,LLC)
Request for a variance from Section 24—68(b)(l)at 981 Sail?sh Drive.
Community Development Board (CDB)
September 19,2023
Page 5 of 7
Agenda Item #9.B.23 Oct 2023
Page 93 of 106
STAFF REPORT:Planner Broedell presented the information as explained in the staff
report.He also provided a PowerPoint presentation.Ms.Golombek asked if the
retention was solely based on the value and whether the impervious was less than the
45%.Planner Broedell said that it was based on the property valuation and the
imperviouswould be around 36%.
APPLICANT REPORT:Bucky Davis with Spring?eld Builders introduced himself as
the applicant.He said that he saw a previous request that was approved due to oak trees
on the property.Mr.Davis said that they saved 5 live oak trees totaling 117 inches by
?ipping the ?oor plan.He said that to provide water storage he said they would end up
ripping out the roots of all of those trees causing them to die.Mr.Davis said the required
storage would be 2,500 cubic feet or a swale 10 feet wide by 25 feet long.He said they
are stuck between 2 ordinances,a strong tree ordinance and the storrnwater storage
ordinance.
PUBLIC COMMENT:Chair Hansen openedthe ?oor to public comment.Therewere
no public comments.
BOARD DISCUSSION:There was no discussion.
MOTION:To APPROVE ZVAR23-0027 based on grounds for decision #3 citing
exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area and grounds #4 citing onerous effect of regulations enacted after platting
or after development of the property or after construction of improvement upon the property.
Motion:Angela Fatford
Second:Harold Gear
JenniferLagner
Angela Fatford(Moved By)
Kirk Hansen
Harold Gear (Seconded By)
Ellen Golombek
JeffHaynie
Richard Arthur
Motion passed 7 to 0.
REPORTS
There were no reports.
PUBLIC COMMENT
There was no public comment.
ADJOURNMENT
There being no further discussion,Chair Hansen declared the meeting adjourned at 7:13 p.m.
Community Development Board (CDB)
September 19,2023
Page 6 of 7
For
For
For
For
For
For
For
Agenda Item #9.B.23 Oct 2023
Page 94 of 106
Attest:
Amanda Askew Kirk Hansen,Chair
Community Development Board (CDB)
September 19,2023
Page 7 of 7
Agenda Item #9.B.23 Oct 2023
Page 95 of 106
ADDRE
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STATE ZIPCODE CELL#
FOR INTERNALOFFICE USE ONLY
City of Atlantic Beach pERMn#([§E2;12,2'@«¢
Community Development Department
800 SeminoleRoad AtlanticBeach.FL32233 E]$55o_oo Zoning Map Amendment
(P)904447-5800 C]$1,000.00 Text Amendment
APPLICANTINFORMATION
EMAK
PHONE#
PROVIDEALLOF THEFOLLOWINGINFORMATION:
1.The names and addresses ofallowners ofthe subject property.
2.The existing and proposed zoning district of the subject property.(Requested Action)
3.Astatement ofspecial reasons and justi?cation to support the rezoning as requested.
4.The signature of each owner ofthe lands sought to be rezoned.
IHEREBYCERTIFYTHATALLINFORMATIONPROVIDEDISCORRECT:Signature of Property Owner(s)orAuthorizedAgent
SITEINFORMATION
ADDRESS
SUBDNISION fr *BLOCK
RE#7 '393"0 9 LOT/PARCELSIZE ,7,'L 0.5 ZONINGCOD
E
COMPREHENSNEPLANFUTURELANDUSEDESIGNATION
REQUESTEDPROVISIONSFROMWHICHWANERISSOUGHT
DPRINTORTYPENAM
DAT
f 5:414;37x.71/2}
Notary Signature
MyCommission expires
Identi?cation veri?ed:
Oath Sworn:Yes
State of
Cou,of
./1
SIGN TU OFAPPLIC
\.J
IGNATUEOFAPPLICANT(2)
Signed and sworn before me on this day of
OR
21 REZONINGAPPLICATION02.28.2023
..__TONIGINDLESPERGER
MYCOMMISSION#GG353178.EXPIRES:October6,2023
BingedThruNotaryPublicUnderwrit
LO
CIT
Agenda Item #9.B.23 Oct 2023
Page 96 of 106
—9/W .2,./_n’}l‘-?ilé‘M /c
BLOCK#1 LOT#I 1_
TOTALACREAGE .1
ZONINGCODE
FLOODZONE
FUTURE LAND USE MAP (FLUM)AMENDMENT FOR]_'r5RNALopnc5u5goNLy
City of Atlantic Beach FILE#3,6~,@:'\_
Community Development Department
800 SeminoleRoad AtlanticBeach,FL32233
5,‘;(P)904.247.5300 SMALLSCALEDEVELOPMEN
T
SITEINFORMATION
ADDRESS CITY STATE ZIPCODE
SUBDIVISION 5.;“
RE#I70 3 »p
CURRENTFLUMDESIGNATION
PROPOSEDFLUMDESIGNATION
APPLIC NTINFORMATION
PHONE#
CELL#ADDRE
g LJ 6337 "“
415.4
So an 5 /<5?“H 4'16‘‘M5 anof"“’
card”3/[cold
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7.4%82/»ft 3.1133CITY'STATE ZIPCODE
EMAIL 1]OWNER 1:]LEGALAUTHORIZEDAGENT
REQUESTFORFUTURELANDUSEMAP(FLUM)AMENDMENT:Applicants are advised that approval of an amendment to the Future
LandUse Map does not constitute approval for issuance of any pennit or Development Order.Useand development landsrelated to
this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Lan
dDevelopmentRegulations,any State and Federalpermitting requirements as wellas FloridaBuildingCode requirements for Category
"C"construction.
PROVIDEALLOFTHEFOLLOWINGINFORMATION
DESCRIPTIONOFPROPOSEDUSEANDPROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENTANDANY
PHASINGSCHEDULE).
IDENTIFYALLPUBLICANDPRNATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESO
FWATER,SEWERANDSOLIDWASTEDEMAND.
NUMBEROFWETLANDACRES
IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDORENDANGEREDSPECIESORHABITAT
IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDORENDANGEREDSPECIESOR HAB|'|'ATS.
22FUTURELANDUSEAMENDMENT-SMALL02.28.
V
NAM
PARCELSIZ
Agenda Item #9.B.23 Oct 2023
Page 97 of 106
""“".-3
ESTIMATEDIMPACTTOADOPTEDLEVELOFSERVICESTANDARDSASESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOFTH
EFFECT;VECOMPREHENSIVEPLAN.
74)dl<
.U1&l«MI\J—|
8.
9.
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APPLICATIONPACKAGE CHECKLIST
*Additionalinformationmay be required,depending upon circumstances unique to individualapplications
.COVERPAGE:Identifyingthe project.
TABLEOFCONTENTS:Includea listof allexhibits and attachments.
STATEMENT:Statement addressing need andjustification for requested amendment
APPLICATION:Thisfomncompleted in it's entirety.
LISTOFADJACENT PROPERTY OWNERS ANDENVELOPES:Alistof adjacent property owners within 300 feet of the property
includingname,mailing address and their realestate number (located at the Property Appraiser's recent certi?ed tax rolls).
Includea legal sizeenvelope addressed to each property owner on the list(do not includea return address).Eachenvelope
must contain proper postage.Theorder of the enve o u atch the order in which the names a a on i t.
PROOFOF OWNERSHIP:Deed or certi?cate by lawyeror abstract or titlecompany that veri?es record owner-as above..LETTEROF AUTHORIZATION:Ifthe applicant isnot the owner provide a letterofauthorizationfrom the owner(s)forapplicant
to represent the owner(s)for allpurposes related to this application.
SURVEYAND LEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned.
LOCATIONMAP:General locationmap with property subject to application clearlyidenti?ed.
0.SITEPLAN:Site plan containing the following ifapplicable to the proposed project (account for allland included).
Numberand types ofdwelling units
Type and square feet ofcommercial or industrialuses
Anyexisting structures and proposed use
Anyopen space,buffers and recreational areas
Wetlands,streams,creeks,lakesor any other water bodies or Environmentally Sensitive Lands
Most recent aerial photograph of site and surrounding lands
Drainage and storm water facilitiesand other infrastructure,including ingress and egress,internal access and roadways
1.REQUIREDNUMBEROF COPIES:One (1)digitalcopy-additional paper copy isoptional
12.APPLICATIONFEE:$250.00
I HEREBYCERTIFYTHATALLINFORMATIONPROVIDEDISCORRECT:Signature of Property Owneris)or AuthorizedAgent
GNATURLOFAPPLICA
J
PRINTORTYPENAME DA
DAT
/5!
Notary Signature
MyCommission expires
TONIGINDLESPERG
ERMYCOMM15S1ON#GG353178
22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023
Identi?cationveri?ed
:
Oath Sworn:|_-_]Yes
by State of
SIGNATUREOFAPPLICANT(2)PRINTORTYPENAM
E
Signed and sworn before me on this day of
County of
Agenda Item #9.B.23 Oct 2023
Page 98 of 106
Prepared By:I Record 8.Return To:
Attorneys Title Services,LLC
12428 San Jose Blvd,Suite 1
Jacksonville,FL 32223
File No.:FL-210581
SPECIAL WARRANTYDEED
THISSPECIAL WARRANTY DEED,is made this 21“gdayofJuly,2021,by 41 WEST 2ND ST LLC,a
Florida limited liability company and APC JAX,LLC,a Florida limited liability company,and CLC
JAX,LLC,a Florida limited liability company,whose post office address is:36 W 6th Street,Atlantic
Beach,FL32233 (collectively the "Grantors“),to Oceanside Collision LLCwhose post of?ce address is:
41 W 2ND ST,AtlanticBeach,FL32233 (Grantee).
WITNESSETH:
That the Grantors,for and in consideration of the sum of Ten Dollars ($10.00)and other good and
valuableconsideration,the receipt and suf?ciency of which are hereby acknowledged,does hereby grant,
bargain,sell,alien,remise,release,convey and con?nn unto the Grantee all that certain land lyingand
being in Duval County,Florida,and more particularlydescribed herein below (the "Property"):
Parcel 1:
Lots 4 and 5,and the East 1i2 of Lot 6,Block 26,Section "H"Atlantic Beach,a subdivision
according to the plat thereof recorded at Plat Book 18,Page 34,in the Public Records of Duval
county,Florida.
Parcel 2:
The West 112 of Lot 6 and all of Lot 7,Block 26,Section "H"Atlantic Beach,a subdivision
according to the plat thereof recorded at Plat Book 18,Page 34,inlthe Public Records of Duvai
County,Florida.
Parcel 3:
Lots 1 and 2,Block 81,Section "H"Atlantic Beach,a subdivision according to the plat thereof
recorded at Plat Book 18,Page 34,in the Public Records ofDuvai County,Florida.
Parcel identification No.:170732-0000,170834—D000and 170733-0000
TOGETHER WITH all the easements,tenements,hereditaments,and appurtenances thereunto
belonging or in anywise appertaining.
TO HAVE ANDTO HOLD,the same in fee simple forever
Doc #2021196990,OR BK 19841 Page 562,Number Pages:3,
Recorded 08/02/2021 10:15 AM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $27.00 DEED DOC ST $7700.00
Agenda Item #9.B.23 Oct 2023
Page 99 of 106
ANDthe Grantors hereby covenants withGrantee that,except as noted above,at the time of delivery of
this Special Warranty Deed said Property was free from all encumbrances made by Grantors and that
Grantors shall and willWARRANTANDDEFENDthe same against the lawful claims and demands of all
persons claiming by,through or under Grantors but against none others.
INWITNESS WHEREOF,the Grantors have caused this Special Warranty Deed to be executed by its
duly authorized of?cer on the day and year first above written.
Signed sealed,and delivered
in the presence of:
41 WEST 2ND ST LLC,a Florida limited
liabilitycompany
Print Name?,,31.z,.g5-3_,‘/,_,,,L1
BY:
P’am M:‘5.‘3w ~°'AtillioP.Cerquei
M leg;,3if
A
/
BY:
Catherine L.Cerqueira
Manager
APC JAX,LLC,a Florida limitedliability
company
Cfhafg‘/f I./:9‘aw/4
/’/BY;
Print ame:“"~~l—-1 .€'5..»k..r AtillioP.Cerqu ra
Manager
/
_
..-:.»'""?/7f::’%?;“"’“"'"'"“”""”"'CLC JAX,LLC.a Florida limited
-:“PrintName:(419 fig»;ax/'-Ir of liabilitycompany
.r-.._,3 _{7,_,[.,_,BY:'LC-*6/3-L"’m""—
'Catherine L.Cerqueira ‘;
Manager \/
Pri
rintName:
OR BK 19841 PAGE 563
Agenda Item #9.B.23 Oct 2023
Page 100 of 106
STATE OF FLORIDA
COUNTYOF DUVAL
The foregoing special warranty deed was acknowledged before me by means of/>_<_:physical presence
or oniine notarization this Q'3l“3'day of July,2021,by AtillioP.Cerqueira,as Manager of 41
WEST 2ND ST LLC,a Florida limited liabilitycompany,and as Manager of APC JAX,LLC.a Florid
alimitedliabilitycompany,who produced a valid Floridadrivers‘license as identi?cation.
£«r1f:‘_fl_«@(,OCHARLESR.WOOD otary Public
*
''
*Commission#GG970899c% wExpiresMarch11,2024
to,‘L04 Bonded‘Elm:Bmlgatuolarysorvloes
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t-‘r?cg
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STATE OF FLORiDA
COUNTYOF DUVAL
The foregoing special warranty deed was acknowledged before me by means of X physical presence
or online notarization this 2.:2"3'dayof July,2021,by Catherine L.Cerqueira.as Manager of 41
WEST 2ND ST LLC.a Florida limited liabilitycompany,and as Manager of CLC JAX,LLC,a Florida
limitedliabilitycompany,who produced a valid Florida drivers‘license as identi?cation.
NotaryPublic
Notary Printedor Typed Name
MyCommission Expires:
CHARLESR.WOOD
Gommisslnn?GG970899
ExpiresMatch11.2024
Blrrld-adminBudqnl??tlrysarvltez
N .Otary Printed or Typed Name
MyCommissionExpirés:
xf-7’
,«_.
OR BK 19841 PAGE 564
Agenda Item #9.B.23 Oct 2023
Page 101 of 106
I:
\
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Dn.'Is2or~.-or-'CORPORATION
Detail by Entity Name
Florida LimitedLiabilityCompany
OCEANSIDECOLLISION,LLC
?m9
Document Number L14000O64727
FEIIEINNumber 46-5435805
Date Filed 04/21/2014
Effective Date 04/21/2014
State FL
Status ACTIVE
Ed??
41 W.2NDST
ATLANTICBEACH,FL32233
MaiJin9.Ads!r_e2s
41 W2NDST
ATLANTICBEACH,FL 32233
ROCKS,HAROLDJ
41 W2NDST
ATLANTICBEACH,FL 32233
smm
Name 8:Address
TitleMANAGERMEMBER
ROOKS,HAROLDJ
41 W.2NDST
ATLANTICBEACH,FL32233
Annualjienem
Report Year Filed Date
2021 01/05/2021
2022 01/05/2022
2023 01/03/2023
https:/Isearch.sunbiz.orgl|nquirylcorpnrationsearchISearchResultDetail?inquirytype=EntityName8-directionType=lnitia|1/2
9§
m I .Qi2?§i9n9f_Q9.weA?_c>_r.-st I m I §§aIszb.bsLEnmy.Nam.rzI
,/9:37AM Detailby EntityName
Agenda Item #9.B.23 Oct 2023
Page 102 of 106
.........E.._.,._,_.._.;_.=._._,_._.L_................gNN..AL 3...Q5,9 9 El ?DIl\A I IIlITl=l'\I IARII ITV PGIIDAMVA
DOCUMENT#L14000064727
Entity Name:OCEANSIDECOLLISION,LLC
Current Principal Place of Business:
41 W.2NDST
ATLANTICBEACH.FL 32233
Current Mailing Address:
41 W 2ND ST
ATLANTICBEACH,FL 32233
FEI Number:465435805
Name and Address of current Registered Agent:
ROOKS.HAROLDJ
41 W2NDST
ATLANTICBB\CH.FL 32233 US
SIGNATURE:
ElectronicSlgnature of Registered Agent
Authorized Person(s)Detail :
Title MANAGERMEMBER
Name ROOKS,HAROLDJ
Address 41 w.2ND s'r
City-State-Zip:ATLAN'l1CBEACH FL 32233
FILED
Jan 03,2023
Secretary of State
212965260206
Certi?cate of Status Deslred:No
Ihelabyoer?ly??aubelmuma?anlrrdlcatadan?ztsrspartnvsupplamentalraponlstruaandaacuratearvdmatmyelectrurtfcsignaunashailhanm?losamelegala?bctaslfmadeundar
oaih.-Ihauamamanmthgmomberormanagerortnenmftadllahl?lyazmpanyarthe racefwrnrlms?ua empawamdtoaxamsa Ihisrapodasrequbedby Chaptar605.FicridaSuztutasm
nd?mmynan1enppearsabwe.armana?adzmen!wi?1a?o0Ier?kaen1povvemd.
SIGNATURE:HAROLDROOKS OWNERI PRESIDENT 01/03/2023
Electronic Signature of Slgnlng AuthorizedPerson(s)Detail Data
The above named entity submitsthisstatement forthepurpose ofchanging itsragistanado?ice ornagistered agent.orbath,inthe State ofFlorida
Date
Agenda Item #9.B.23 Oct 2023
Page 103 of 106
N L5‘W.$‘J_\“.\-Hay]_,__'"l..\_IQ
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Agenda Item #9.B.23 Oct 2023Page 104 of 106
Agenda Item #9.B.23 Oct 2023Page 105 of 106
—-n—-.—.-ua-.-.—-.-—.-.-11”-—a———Agenda Item #9.B.23 Oct 2023Page 106 of 106