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05-23-05 v MINUTES REGULAR CITY COMMISSION MEETING May 23, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve minutes of the Regular Commission meeting of April 25, 2005 and minutes of the Regular Commission meeting of May 9, 2005 "'` Mayor Meserve explained that there were two sets of minutes to approve due to the City's computer failure delaying the completion of the minutes from Apri125, 2005. Motion: To approve minutes of the Regular Commission meeting of April 25, 2005 Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Motion: To approve minutes of the Regular Commission meeting of May 9, 2005 Moved by Waters, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED May 23, 2005 REGULAR COMMISSION MEETING Paee 2 Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation of Independent Auditor's Report by Purvis, Gray & Company Ron Whitesides, C.P.A., introduced himself and Steve Pratto, Staff Auditor, as members of the Atlantic Beach audit team. He apologized for the late delivery of the report and explained that the hurricanes of last year presented internal challenges for his company that prevented them from completing the reports by February or March, as normal. Mr. Whitesides proceeded to review the highlighted items in the reports and indicated that the report complied with all federal, state and local accounting requirements. Mr. Whitesides noted that his company audits the financial statements as maintained and presented by the City. He stated that the auditors look for accuracy in the figures, examine the internal controls used, and test for compliancy with governmental standards. Mr. Whitesides stated that, in the opinion of his company, the financial statements audited presented fairly and he proceeded to briefly review the information in the report. He pointed out that the Managements' Discussion and Analysis is a new addition to the audit report and provides a good overview of the City's "'' activities during the audit period. One of the items addressed by Mr. Whitesides was the utility fund, as seen on the income statement in the report. He noted the utility fund is operating at a slight loss and commented that his firm prefers to see municipalities cover their depreciations. He reported that Atlantic Beach is very close to that goal, and encouraged the City to strive for having its utility fund break even in the future. He also discussed the City's Debt Service Coverage ratio and advised that the Commission keep an eye on that figure since it was only slightly higher than the required percentage. He also briefly discussed the history and current status of the assets and projected liabilities of the City's pension plans. In closing, Mr. Whitesides noted that the report is very good and commended the City staff at its job of maintaining the books and complying with the regulatory provisions. There were no questions or comments from the Commission. Mayor Meserve thanked Mr. Whitesides and praised Nelson Van Liere, Finance Director, for keeping the financial records in good order. B. Presentation of Transportation Improvement Program by First Coast Metropolitan Planning Organization Mayor Meserve introduced Wanda Forrest, of the First Coast Metropolitan Planning Organization, to present the Transportation Improvement Program. Ms. Forrest reviewed the plan and noted that it is a five-year Mav 23, 2005 REGULAR COMMISSION MEETING Page 3 program. She read through the projects listed in the supplement given to the Commission and noted the years for construction of each. The supplement plan is attached and made part of this official record as Attachment A. Mayor Meserve pointed out that the construction project for Mayport Road was not included in the report as presented. He also expressed concern that, according to the plan, every arterial road entering the beaches will be under construction simultaneously. Ms. Forrest responded that she would research the issues further and bring back information for the Commission. Commissioner Beaver asked if the new Intracoastal Waterway bridge being constructed at Beach Boulevard will take three years for construction or if the construction costs are being spread out over three years. Ms. Forrest answered that the project is scheduled to be constructed between 2005 and 2008. Commissioner Waters inquired if the improvements planned for the intersection of Atlantic Boulevard and Kernan Boulevard included an overpass. Ms. Forrest responded that currently the project entails studying the location in order to determine what types of improvement would take place. Commissioner Waters asked why the Hodges Boulevard project is labeled as an urban section. Ms. Forrest replied that it is categorized as compared to a rural area. Commissioner Waters asked why the San Pablo intersection was going to be only three lanes and, thus, mainly turn lanes. Ms. Forrest referred to the fact that it is part of the DOT Work Plan and the Better Jacksonville Plan's projects. C. Courtesy of Floor to Visitors Stephen Kuti, 1132 Linkside Drive, discussed an article in the May 18`i' local newspaper which quoted a member of the Tree Conservation Board as stating that a tree in a resident's yard belongs to everybody. Mr. Kuti stated that a tree on private property belongs to the owner alone. He suggested preserving trees on private property by educating the public of the importance of trees. He advised the Commission to consult the City Attorney before changing the Tree Ordinance. Patricia Hairston, 13560 Picarsa Drive, Jacksonville FL, identified herself as President of the Pablo Point Civic Association. She stated her opposition to the Comprehensive Plan Application 2005A-018, Resolution 05-616. She advised the Commission that the application, submitted for an 81-acre multi-parcel change of the 2010 FLUM at the intracoastal waterway, would adversely affect Pablo Point, the coastal area, and complicate the evacuation of the City. She asked the Commission to review the maps she provided and asked that they not support the project. Ms. Hairston discussed the project's threats to the environment affected, as well May 23, 2005 REGULAR COMMISSION MEETING Paee 4 ~* as to the marsh front property that would have condominiums built in front of their homes, if the plan were approved. Mary Billotti, Pablo, 469 Pablo Point Drive, Jacksonville FL, discussed her opposition to the proposed Comprehensive Plan Amendment. Ms. Billotti stated that she has lived on the Intracoastal waterway for 23 years and does not want a condominium in her backyard. She indicated that Atlantic Beach's evacuation plan would suffer if the project were approved. She discussed current problems with hurricane evacuation in her area and commented that the proposal would add more complications. She advised the Commission to look into all the information regarding the proposed development. She identified herself as a National Wildlife Federation Backyard Wildlife Habitat owner who does not want condominiums interfering with her view of wildlife. She distributed a copy of the information presented and her certification. J.P. Marchioli, 414 Sherry Drive, discussed the plans for the Five Point Intersection and noted that its rendering is not drawn to scale. He believed that Seminole Road traffic would back up without aright-turn lane being included. He expressed concern that no traffic count was done for the access roads leading to the intersection. Mr. Marchioli indicated that if the City wants to claim rights over trees on private property, it must then assume responsibility for any damages caused by those trees. He also commented on the following issues: 1) lack of funds for the Tree Board; 2) chemicals affecting roots in sewers and resulting in loss of foliage; 3) arborists should be provided by the City to consult with property owners regarding tree situations; 4) lack of eyeglasses service in Atlantic Beach; 5) suggestion for street numbering situation; 6) never received invitation for skate park opening; 7) yield signs should be place at crosswalks. Valerie Britt, 378 Tilefish Court, Jacksonville FL, provided anine-page letter giving an overview of her concerns regarding the proposed Jacksonville Comp Plan amendment and also a map showing the area of most concern to her and other residents. She also distributed the latest transportation plan review and noted that if the amendment were adopted, the level of service on the Atlantic Boulevard evacuation route would not be maintained. Ms. Britt presented her reasons for addressing this issue even though it is out of the Atlantic Beach jurisdiction. She stated that the neighboring municipalities have the opportunity to comment on the amendment if they so chose. She discussed the plan's effect on the hurricane evacuation routes and on the sensitive conservation areas involved. She addressed the concerns of preserving the existing established rights versus creating new development rights and higher density in the coastal high hazard area. She asked the Commission to review her comments. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting Mav 23, 2005 REGULAR COMMISSION MEETING Paee 5 A. City Manager's Follow-up Report City Manager Hanson discussed a request at the last meeting to put in a right-turn lane on Seminole Road at the Five Points Intersection. He referenced a letter from Laura Phillips, Project Engineer for HDR Engineering, addressing the suggested turn lane. The letter is attached and made part of this official record as, Attachment B. City Manager Hanson quoted portions of the letter that stated the company did not recommend the addition of the proposed turn lane at this time. Specifically, I-IDR Engineering indicated that the addition of the turn lane could result in greater confusion and adversely impact the safety at the intersection and would negatively impact the property owner at that location. City Manager Hanson gave afollow-up report on the new skate park. He reported that, since its opening, the City has processed 269 waiver forms from parents allowing their children to use the park and he gave the breakdown of the numbers by area cities. Commissioner Waters commended the City on Russell Park, in general, and the amount of community activity that takes place there. l Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Building Department Monthly Report for April 2005 (City Manager) B. Authorize the Mayor to sign the Application for Revenue Sharing 2005-2006 (City Manager) Motion: To annrove Consent Agenda Items as aresented Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None Action on Resolutions 6. Action on Resolutions None Action on Ordinances 7. Action on Ordinances A. Ordinance No. 58-05-31, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, AMENDING DIVISION IV, POLICE OFFICER'S RETIREMENT SYSTEM, SECTION 2- May 23, 2005 REGULAR COMMISSION MEETING Page 6 310.27 MEMBER CONTRIBUTIONS TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. He explained that this ordinance primarily addresses a 1% raise in the police employee pension contribution rate and has already been discussed during union negotiations. Motion: To approve Ordinance No. 58-05-31 on first reading Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Property Exchange at Wastewater Plant No. 2 (City Manager) Motion: To authorize staff to proceed with investigating and preparing the necessary documents for the property exchange. City Manager Hanson resented the back round of the ro ert and showed P g P p Y pictures of the area being discussed. He stated that the property owner and the City would both find it advantageous to exchange properties and discussed the reasons for the proposal. He noted that the City would need to acquire an appraisal of each parcel and, according to the City Attorney, would need to pass an ordinance in order to accomplish the property swap. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Approval of Police union contract for the period October 1, 2004 through September 30, 2007 (City Manager) No discussion Motion: To approve the FOP Union contract for the period October 1, 2.004 through September 30, 2007. Mav 23, 2005 REGULAR COMMISSION MEETING Paee 7 Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Request by Prosser Hallock Planners and Engineers, on behalf of Bridge Tenders, LLC, to waive the 365-.day time period to permit the City Commission to take action prior to November 8, 2005, following denial of the previously requested change in Zoning District Classification for Johnston Island (City Manager) Sonya Doerr, Director of Planning and Zoning, reported that staff did not find substantial changes in the new proposal as compared to the original application. Ms. Doerr's staff report is attached and made part of this official record as Attachment C. She indicated that the 365-day time limit could not be waived without changing the ordinance and staff did not recommend changing the ordinance for this specific application alone. City Attorney Alan Jensen referred to Section 24-62 of the Atlantic Beach ""' Code of Ordinances that states if someone applies for basically the same proposal on the same property, the City cannot take any action unti1365 days from the previous denial. He advised that the City can make the determination of whether or not the new application is substantially different from the previous one. Motion: To denv the reauest by Prosser Hallock Planners and Engineers for the Commission to take action on the new proposal from Bridge Tenders Developers, L.L.C. prior to the 365-day time limit. Commissioner Waters indicated that when the plan is brought back before the Commission, he would like to see more details on the proposed size of units and proportion of land being used before voting on the plan. Mayor Meserve noted that, based on advice from the City Attorney, it was the consensus of the Commission not to change the City ordinance for an individual situation. Thus, the Mayor directed the discussion back to the question of whether the Commission finds substantial changes in the new application that validate taking action on the proposal. Paul Harden, the attorney representing Bridge Tenders, L.L.C., clarified his client's request asking the Commission to consider the new plan as substantially different from the original application. He described the settlement attained with the three citizen petitioners and briefly itemized the substantial changes being proposed as a result of that settlement. He discussed the Future Land Use Management amendment change and its inconsistency with the current zoning of the area being discussed. Mav 23, 2005 REGULAR COMMISSION MEETING Paee 8 Commissioner Beaver indicated that the proposed development's 21-unit and 35-foot height limits are the same terms as presented in the original plan, and thus do not reflect any substantial changes. He also pointed out that the petitioners who settled with the developer were not litigating on behalf of the City of Atlantic Beach. The Mayor called for a roll call vote. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED The Mayor noted that the request was denied and that the developer can bring the proposal back before the Commission again in November. D. Justice Assistance Grant II (City Manager) This item was acted on in conjunction with Item E. E. Federal Equity Sharing Agreement (City Manager) This item was acted on in conjunction with Item D. Motion: To authorize the Mavor to sign the related paperwork for the application and the paperwork related to the .TAG II and to authorize the Mavor to Bien the Federal Equity Sharing Agreement on behalf of the City of Atlantic Beach. Mayor Meserve commended Chief David Thompson, Public Safety Director, on his work at successfully finding grants for the City for a number of years. He noted that this has resulted in improving the equipment and training in the Police Department, thus increasing the safety of the City. City Manager asked Chief Thompson to explain the two Justice Assistance Grants awarded to the City of Atlantic Beach. Chief Thompson informed the Commission that the first grant awarded $72,000 towards the Crime Suppression Unit and the second grant provided $65,000 towards purchasing and implementing a Computer Aided Dispatch (CAD) system. He noted that his department is pursuing and anticipating a number of additional grants resulting in the Public Safety Department acquiring a total of over $300,000 in funds to be added to the budget. He thanked his staff for their assistance with these projects. May 23, 2005 REGULAR COMMISSION MEETING Paee 9 Mayor Meserve clarified that Items D and E were combined in the one motion, authorizing him to sign paperwork for the Justice Assistance Grant and for the Federal Equity Sharing Agreement. Chief Thompson explained the Federal Equity Sharing agreement. He noted that it allows the City to share the assets of federal forfeiture funds from seized property as a result of federal investigations. Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Hanson reported that the Beach Renourishment project is about to begin and asked Rick Carper, Director of Public Works, to present information regarding this topic. Mr. Carper indicated that Kevin Bodge, of Olsen and Associates, will give an overview and status of the project at the next Commission meeting. Rick Carper gave a brief history of the issue and pointed out that it has been ten years since Atlantic Beach had its beaches renourished. He showed a map indicating the areas involved with the project and noted that the borrowed sand will be acquired nine miles offshore. He also presented a graph showing the distribution of the sand in areas being renourished. Mr. Carper reported that over 400,000 cubic yards of sand will be used in Atlantic Beach and that the project will be funded by federal, state, and local resources. He reviewed the project's schedule, noting that the contract should be awarded in late May. Mr. Carper indicated that the beach renourishment should begin in late June or early July and they expect it to be completed in 40-60 days. He emphasized that the operations for the project will be on a continuous basis, 24 hours, 7 days a week, at a rate of 300 feet of beach per day. He advised the Commission that the project will be noisy and will involve closing the beach accesses. Commissioner Beaver recommended placing an article in the Tideviews newsletter, in order to inform the public on the process involved. Mr. Carper indicated that information would also be distributed with the City utility bills. Commissioner Simmons inquired where the sand will be placed on the beach and whether there will be a valley between the old dune and the new Mav 23, 2005 REGULAR COMMISSION MEETING Paee 10 ~* sand. Mr. Carper responded that Mr. Bodge will show across-section of ~" the project during his presentation at the next meeting. Commissioner Simmons discussed the issue of planting sea oats. Mr. Carper noted that they plan on including some type of stabilization planting in the project area. Commissioner Parsons asked if the Army Corps of Engineers agreed upon the volume of sand and asked if anyone discussed the idea of acquiring sand from the Nassau County area. Mr. Carper responded that there are numerous environmental issues associated with using sand from that area. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Asked if a decision was made to eliminate the turn-lane from the Five Point Intersection improvements. The City Manager clarified that the northbound turn lane from Seminole to Sherry would still be included in the plans. '' • Expressed appreciation for a letter received from a resident, complimenting the performance of the City's Police Department while handling an incident in their neighborhood. • Reported that his wife's recovery is progressing very well and thanked everyone for their thoughts and prayers. Commissioner Simmons • Announced that the time and date for the public meeting regarding Community Character of the City has been set for Tuesday, June 14, 7:00-9:OOpm at Atlantic Beach Elementary school. She indicated that it would be a citizen start-up workshop and stressed its importance to the City's process of educating and sharing information with its citizens. • Questioned the placement of the oak trees in the Five Points Intersection plans. She expressed concern with the new turn lane being placed north of the oaks. Rick Carper, Director of Public Works, explained that the turn lane is located just barely north of the existing trees. • Commissioner Beaver expressed concern with the project cutting through the oak tree roots and asked that the City ensure the procedure is done properly. May 23, 2005 REGULAR COMMISSION MEETING Paee 11 Commissioner Parsons • Asked if the City of Atlantic Beach has ever given any money to Dial-A-Ride and suggested researching what other cities have contributed. • Commented on the location of the Celestial Moon-A-Tee location and noted that the kids using the park enjoy having the statue there. Commissioner Waters • Commented on the auditor's report that the utility fund was losing revenue and inquired if the septic tank conversions will increase revenues in utilities. City Manager Hanson confirmed that information and reported that the City expects 163 residents to eventually convert to City sewer. • Expressed the need for the Commission to discuss the concerns of the Pablo Point residents and the effects of the proposed development across the waterway from the City. Asked for the City to acquire more information on the situation and its affect on the City. Mayor Meserve recommended following the situation as it progresses and then reviewing the results and impacts it might bring to the City. • Discussed a complaint he received regarding skateboarders in Bull Park. • Inquired about a news report regarding a murder in Atlantic Beach. Chief David Thompson presented the basic information on the homicide that occurred on Francis Avenue early that morning. Adjournment There being no further discussion, t~~,~Vlaxor declared the meeting was adjourned at 8:50 p.m. I ~I ~ John ATT ST: ~Q Donna L. 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W .a N O : O : to , O , `C ~ ~ ~CAf:N N W N INO OWD N: ~: ~ : :tOD:N N i00 N N N N: +~: .O. ~ •.-- : N : O. O. A' O' W. O. O ~ V ~ ~ --. ; .a; O- O- .+. O- O. O- O. O • --. ; O : O O O O O O O ~ V ~ ~ .N: N :~: N : ~~~ ~ : C : ~• ' m ~.M N N N NCO: _ :~:N N O N N N N~O~ :i: m ~~'~' 'O O j 0 0 0 O'OD: m ~+:0 O~ O O O O:CO' N N A N N N N~O• Z :O: OI `~• Z :pOD: :OOD: ~ ~ 'iy7~;0 O {y11 O O O P:t00:0 ~ ._.. ;0:0 0 0 0 0 0 0:100 ~~:~ NO N N N N H• C .m ~N:N N N N N N N:=a:_ m ,~N ~ : O; O O O O O O O; O__: Z O : O: O O O N N N N; O: Z : O; O N N N N N N: +' : y N .. .. .. .. .. .. .... .. .~.~.~.~ ... .~.~.~.~.~.~:O:Z m o y o o n G •1'0~ w wN.. ,~:~' p •A rn ~~•y ~N~ N .O:vCi 'Q AA tlf b ID ~A:N N 171 N t0 O fR:r•0 :O:N N O N N N N: r.O :t0: tQ N ;r;0 ;t0;0 0 0 o A tJ~ o' 'N ;O.O 0 0 0 0 0 O' '` W,O o w o 0 o O' 'y AGENDA ITEM #2B MAY 23, 2005 1, zo ~ :rte.. z : %~ z % :~ I~ w~'D Om' ~ Dl4t.O Om' ~ DI3~0 '~ A :D ZC ?Z ZC: ~ 'K.z ............ ; D ~ Z ............. ... 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O-O-O:O;Z O :O:O O O O O O O: O_ ;Z •N N N N N N N N•.a. .~ ... ...'O ~ .;O ~ ..._ ~ :~°; o s ,D,Z O :!N: _oNO ~ ~ N ;DZ p :~; ~ ~ N N :~'D ~ :00D~N N OwO N o N N~r:O :1071:N N a°'1 ul w o N: r'0 :oAi:N N v p a o N r:p ;171;0 O C/1 O O o O' 'N ;A'O O /D O Cll O o' 'y ;tG'O o w QI o O O, 'y <`ll r AGENDA ITEM #2B MAY 23, 2005 -1 r N : O -~ r N : O ~ r- : C) m lx d m : ~ m ~O ~ ~-r~ : ~o m -n : x x I N :v w :v Z z ~ :~ .. . . . ~v; ;r ~ m N : ~ y : ~ ^' Di : v n v a fA . : ~ r' D ..~ .~ n • c ~ ~ ~ E-z+ ~ ~ ~~ ya E ~~ ~ ~ :~ ~ m g~ ~ ~ ~ cs o ~, °°~ a o c ° ° _ E ~ -n ~ z O ~ ~ ~ O ;~ a ~ r 3 i y z r .z :N i t1 3 ~ :z o ~ ~ ;z ~ cn o ~ ~ m ~ w O ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ' <z ~ p ~ ~ a 7v a ~ :D O i '~ ~ m x' N v m ~,,, :S rn n ~ ~ 'D z N ~ y: gym ~ n ~ ~~ Z ;O a ~z :o ~ :z ' To D 6-zi lJ i N O O wm~ n ~ ~ o~ o a n x w z -i < ~ ~ o: -D+ Z v c: 5 3 is ~ ~ i _ ~ O m < m 3 --Z-......~..........~ ............... . C...._..............~~................ ~ --_......._.......-•-•~--•----••-•-•- ~ z m Ono ;°c o z ~ m ooh ;°c o n c m_ n~~ Eo 3 '~ 1 'fl z a o Ea o ~ ~tnpx v ;r z a c~ ~a o R ~tnvS ~ ;r ~: ~+, o z a~ ~ ~ tnox 'v ~r p ~. p ~ z ~ ~ '~ ~ :A o o ~ z ~ C ~ m :n Z p ~ ~ ~ :i v :n ~ r~vy :o ~ -imv~v={• v v -~maiv=~-onvv~ :o <_; v -imaiv~onvN :o v i ~ ~ y c ~ m ~ ~ 3 - m ~ m3_ ~ ~ ~ u' c ~z ~ : i ~ D ~ ~ ~ m D m 3 ~ ~ v' r~~z~m„~z-vC ~ ~--zicyiz~~z~ v ~`•' r"~cyiz '~Z~ w :~: :~: a : 'O: : i~c r- : : NN' % ' N N N ' A N A 'On; ~ T N N N N N N N N ;O;O 0 0 0 0 0 07 ~; N N N N N M N N±O~ ;O;O 0 0 0 0 0 0 ' of ~ C Z ~ •N N N 0 0 0 N: ~; • o ~ ~ ~ Q ~ ~ ~ ~ • o `Y' .....;. ........................ ..: ... ..-.................--- ..: ~...; ...; -•-- • • - - • • om D W /! t ~~~ T •[ ~ Z . 9•N: N N ~ N :o' ~N~N N N N N N N:~~ :o;0 0 0 0 0 0 0;~ 'o: :NNN N N N N N N: ~~ ;o;0 0 0 0 0 0 0;~ p ~ m ;m; o- ~u ; ; :O:N N O O •0' ;o;0 0 0 0 0 0 0~0~ O O N -.-• : .0.~ ~: w: W :tO: :O~ ,y~ y • :V: : : 0 •~• 0 cc G ; x y. N y ;00; W A ;O; ;~' N 0 ~~~ N N t0 N N N N 'N;O O N O 0 0 O:OD: D 0 N N 0 0 N :N:O O N 0 0 0 0:000; m ~tNa;N N y y N N N.O~ . ~ ~ ; ; N N N N N N N N N: O~ ~ ! : N~ N N N N N N 0 ~: v Z ~ p : ~ O, N N N N : m: N N N • O ~ t0 N O -•. ' ~' ~. ~. ~. ~. ~.:~. ~ • ~' v ~ .... : O: O. O O_ O O O- 'D - : O O O O _o_o o: m;0 . .. . ~ ~~ {5 m T~ S o :~:y : : ~~ :m:y N v •O•.'0 .0`.(p N N N N N N N N : :O;O 0 0 0 0 0 O; O:Z ,.,_ .. .. .. .. . :N N N N N N N N:--. ;O:O O O O O O O;O;Z .... .. .. .. .. v •N.N N N N N N N•y. :O;O 0 0 0 0 0 O;O;Z ~ ; ~; :o .... . .. .. ..:o ~ c n ~~: ~ ;D:Z 'y: y ;D:Z ~: y O V W ~ D:Z N ~` ;w; w •tO.N N 00 N N N N~r:~ :00D:N N 00D N N N N: r:~ ; : .v :N:N N~~ O O N:r :N;O O N 0 0 0 O; :„Nr :N;O O N 0 0 0 O; .y y ;N;O O N 0 0 0 O; AGENDA ITEM #2B MAY 23, 2005 o, o :~ ~A ° % ~ ~' ~ m ~ 3 •O ~;a ~ N :v ................... .. .... . ;m . v ~ .~ m ~ ~ :~ : m T ~ ~ ~ ~~ y ~ o m :o :~ Z Z ~ ~~ y ~ a ~ :y ~ i ;~ m :z 0 ..0.......~......A..~ ............... 3 0 ~ o OD~vz,v= ~ cn c o ~ c ~ m c -~m~~i,c~~Oy ~ ~ ~ r m ~ y r -Zj A Z y D Z< o: ~~ S'N• N •~~ : N:N N N N 07 N NCO :+;0 0 0 0 + o a,y; ~: A: A ' ~' •O•N {~ N N O N N: ~: : ;O;O b O O O O O: r; o; ' m; a. ~ :.~: :N:N N N N N N N:O: ; N;O O O O N O 0;07; :~: :QD; :N:N N N N N N N: O: ~s .a:~ :N:N N N N N N N: ~:y ;o;0 0 0 0 0 0 0.0;2 .... .. .. .. .. ...;- . 2 : :O :N. N :~:D : N;N u+ N u- N v- tn: r'O :O~:O O O O 0~ O O' '~ ~o ~ ~ w ~ ~ D ~ Oy N ih :D ..... ,.. :m ....... .. ......... .. .. ...... .. - ~ ° y ~ ~ z ~ • 3 o ~+ n ~ '~ . m -1 ~ ~ m : ~y ~~ z ~ '~ v ~~ a o :o :z _ m 2 O d! x ..~.......~....-•A--~~--•-••---..... a o° ~ a a m z ~i o E y c~v~vx ~ ;r ~ ~z~c~ m ;n m o o N~~, im~ :c ~' N z~omac~o ~ '< Z -< ~1 C1 Z y ~: :N:N N N N N N N O : ;~~ :N:N N N N N N M: ~: ;o : : M: N N N N N N N: O: ; O ; O_ O O O_ O_ O' O ; QD ; a: _: ~ ~: ~N: N ~ M. N; IV 'O: :A:N N O N N N N:O: .~;r DD t ' o: 70 y :N:N N N N N N N:.+: _a;o 0 0 0 0 0 o;o:Z .~.. :O :N' N : A:N N N N N N M• 0 ~ y ~a> o o ai o 0 0 0: : z; O ; m : C1 ~ to ~ ~ o z z D r m ~ D ~ ~ c~ 0 '-i :„ :r o m ~ t7O-D N~3D 91c w :O ;m ..~ . ~ 3 ~ :rn m Eo a ~~ i ~~ ~ :s c :o ~ ~° n~ :c ~ 0 t~ii C~yG= ~ rD" o ~z~ic~ m :~ c -am~n~~m~n :c n o~; i ~ ~ N ~ c ~ H aZCnOma~v r ~ Z ~ -~ C1 z y ~'. :~: O;N• N :O: _• O: O N N N N N N N~ : :+:aaaa+aa:~; ~: : :N:N N N N N N N: ~. a: ; ~ _: ~. ~ : •N.N N w N N N N: O: ... ;tO;O O t0 O_O_O 0;07: ~ ; : :N:N N N N N N N: O: .._ ; o; o_ o_ o, o_ o_ o, o; m; ~ :~~ •o;~ y :N:N N N N N N N: ~;~ ;o; o o 0 0 0 0 o;o:Z ... . _ ._ .. ; _ : :O : '-I:C ~N: N :O:y ;N: + N :D;Z : ~:N N LO11 N O N N: r•0 ;O;O o i0 O + O O; :y a N O O N N O O 01 x C N O 0 N O O v pt C3 0 AGENDA ITEM #2B MAY 23, 2005 J ly w ~ ~ D ~ ~I#;a '~ c m ............ ~ a...~..... .Nl _ ~ C1 v ~+ ~ : m om ~ :z ~'~ ~ m :~ ~ c z ~ ~ '-~ z o a v :~ a o m = ~ a w :~ ~o Z m y ' ~ m = m O d~ O C ... ..o.......~......A..~~ ................ o 3~ZDVD~ :< N C~ N b S ~ ;~ c ~ m n p3y[)r~N~ cC u, ~~cyizmDZ'c°~ ql :~: ~O: ~N~N N N N N N N:N: O' 0 0 0 0 0 0 O' ~' :~: : ~ ;N:N N N N M N N:~: : :O,O O O O O O O:O: .... ....................... V . _~ ~: :N~ N :O: W:N N W N N N N:O: OD: O O_ m. O O_ O O: CD: :~: :COD : ~N~N N N N N N N:O: :0:0_0.0 O. O_O_O~M~rO ~~:y : :O: y N: N N N N N N N: ~: - ' : O: O O O O O O O: O: Z .... ........................ . 2 :~:y ;w: w 0 ;m~o o m o 0 0 o;r:tn 0 S1 i~ n O ATTACHMENT B May 23, 2005 COMMISSION MEETING R'EC E~•'tIEIa May 17, 2005 ,~4 ~,1' i !.i ~ ~ ! ~; . BY: Mr. Rick Carper, P.E. - Director of Public Works City of Atlantic Hcach 1200 Sandpiper Lane Atlantic Beach, PI 32233 Subject: Analysis of Five Points Intersection for an additionaTturn-lane Mr. Rick Carper: This letter is itt response to your regt,test for a recommendation regarding the propoaed addition of a right tum lane to the southbound approach of Seminole Roaci at the intersection of Seminole Road, Ylaza Drive, and Sherry Drive. Consideratio~i leas been given to the issues of intersection safety, turning moving counts, intersection gs;omatrics, among others. It is our assessment that the addition of a single right turn lane to the southbound movement of Seminole road is not warranted at this time. The addition of a right turn lava at this intersection, vi+hile potentially attenuating traffic queues on the approach, will likely result in greater confusion at the intersection, which would adversely impact the safety of the intersection. Specifically, thi: complex geanetrics of this S point intersection tend to lessen the distinction bCtwc~en thn,~and turning rrtovamants from the southbound approach of Seminole Road. The addition of a separate turning lane on this 'approach will furthor blur this distinction. The current configuration of a shared right turn lane offers less potential for this conflict. Additionally, the impact of a dedicated right-turn lane, would negatively impact the property owner at that lactation. 'The proposed bikt larzelpedescrian path would also be negatively impacted, creating a potentially unsafe crossing for pedestrians, In our judgment, any potential increase in traffic flow gained from the proposed right turn lane is offset by the potential decrease in intersection safcKy. ,For the reasons stated above wa do not recommend the addition of the proposed right turn lane to the interseccioti at this time. If continued monitoring of the intersection reveals a significant decline in service level, the proposed addition of the right rum land can be reassessed. Sincerely, Laura S.1?hil tps, .P.E. Project Engineer MONEnpiM~rlnO,lne. z00~vFasyn,5i41r~ Pllunc.190~+t5ya•Ei']lk~ S4i1X ~ F5R. IyO~I °.,48•H.9tsR Ja~;klOMili4.i172Y07+t371 www.Adrinc.anm MAY-17-2005 TuE 02 ~ 53 PPi ,9T: ~. SCE. PL'$! i C ~~,ORKS FAX ATTACHMENT C May 23, 2005 COMMISSION MEETING i CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request by Prosser Hallock Planners and Engineers, on behalf of Bridge Tenders, LLC, to waive the 365-day time period (as set forth in Sec. 24-62 of the Land Development Regulations), to permit the City Commission to take action prior to November 08, 2005, following denial of the previously requested change in Zoning District Classification for Johnston Island. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: May 16, 2005 BACKGROUND: The rezoning application for the proposed Johnston Island PUD was denied by the City Commission on November 08, 2004. (The companion Comprehensive Plan amendment changing the future land use designation of a portion of the property to 3.6 acres of Residential, Low Density and 0.5 acre of Commercial was approved and is now effective.) .. Section 24-62 of the Land Development Regulations (below) prohibits the City Commission from taking action on another substantially similar rezoning application for a time period of 365 days from the date of denial, which would be November 08, 2005. Sec. 24-62. Change in Zoning District Classification. (e) Following the public hearings, the City Commission, by ordinance, may change the Zoning District classification of said petitioners, or it may deny the petition. In the case of denial, the City Commission shall thereafter take no further action on another application for substantially the same proposal, on the same premises, until after 365 days from the date of the denial. The Johnston Island property owners, Bridge Tenders LLC, have requested that the Commission waive this time limit, allowing the PUD application to be formally re-submitted, reviewed, scheduled for the public hearing and consideration by the Community Development Board, then proceed to the City Commission for action in accordance with the public hearing and rezoning procedures set forth in Chapter 24 prior to the 365-day time period. The request presents two issues for the City Commission to consider: 1) whether the proposed application would be substantially different so that it may now be submitted to commence the rezoning application process, and 2) does the City Commission have authority under the current ordinance to waive the 365-day time limit. Planning staff and the City Attorney offer the following comments related to both issues for the Commission's consideration. 1) In order for action to be taken on the rezoning application prior to November 08, 2005, the applicant must provide facts to clearly demonstrate that the new PUD application will be a substantially different proposal than the application that was denied last November. Such AGENDA ITEM #8C MAY 23, 2005 information has not been provided to the City as of this date. (If the new PUD was "''' determined to u substantially different proposal, then a waiver of the 365-day time limit would not be necessary.) 2) The 365-day time limit to re-apply following the denial of any zoning related application has been in place many years, and to staff's knowledge, this provision has not previously been waived. The applicant is entitled to make this request, however, it is the City Attorney's opinion that this is not a "waive-able "provision, but would rather require an amendment to the current ordinance. (See attached letter from Alan Jensen.) Planning staff and the City Attorney would not advise such a change to the ordinance. BUDGET: No budget issues related to this request. RECOMMENDATION: Based upon information provided as of this date, Planning staff cannot find that the PUD application would be a substantially different proposal than the previous application denied on November 08, 2004. Further, the City Attorney advises that the 365-day time limit for City Commission action cannot be waived. ATTACHMENTS: Legal opinion provided by City Attorney and letter from Prosser Hallock on behalf of Bridge Tenders, LLC. REVIEWED BY CITY MANAGER: _ May 23, 2005 regular meeting 2 AGENDA ITEM #8C MAY 23, 2005 ALAN C. JENSEN Attorney at Law 935 North Third.Street Post Office Box 50457 - Jacksonville Beach, Florida 32240-0457 . Telephone (904) 246-2500 = ~ .. - ' ;; .,_ .' ., ;i: ,~ Facsimile (904) 246-9960 _. . ..... ..' ,1~Mail•; AJensenLaw~aol.com May 16, 2005 VIA FACSIlVIlLE (904) 247-5805 James R. Hanson, City Manager , City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: Johnston Island PUD Rezoning Application Dear Jim: I understand that the owners of Johnston Island have submitted an application for a change in the zoning district classification on their property. The previous request for.; change .of zoning, on this propeily was%denied by the City Commission on November 8, 2004. ~F...:: , , Pursuant to Section 24-62 of the -Atlantic Beach Code of Ordinances,. the City Commission can take no further action on another application for substantially the same proposal (change of zoning) on the same premises until after 365 days from the date of denial. It is therefore my opinion that the City Commission cannot take any action on the new application for a change in zoning until after November 8, 2005. This is assuming that the new application is substantially the same as the prior application. Furthermore, there is no obligation on the City Commission to change the existing ordinance which requires the 365-day waiting period. If the City Commission were to consider changing the ordinance, they would need a valid reason to do so, and would have to consider the affect of any such change on other .ordinances, such as a similar waiting period that exists when a request for variance is denied. Please contact me if I can provide any further information or assistance to you in this regard. "~" ACJ/sky Cc: Sonya B. Doerr Very truly yours, AGENDA ITEM #8C MAY 23, 2005 r ~ ~i'+oS~~T ~c1~4t'~C~{ PLANNCRa St CN6INCCR3 May 13, 2005 Sonya B. Doerr, AICP Community Development Director 1rta jaesimtk 247.S8DS Ciry of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 !<tTr: Johnston Island PUD Prosser HallockYtaf. No. 103043.01 Dear Sonya: C+n behalf of our client, Bridge Tenders, L.L.C., I would like to request the City Commission waive the 365- day time period, as set forth in Soc. 24.62. of the City's Land Development Regulations, thereby allowing Bridge 'l'enders L.L.C. to reapply for a change in Zoning District Classification following denial of the previously requested Change in Zoning District Classification from Conservation (CON) to Planned Unit Development (PUD) for 3ohnston Island. The new PUD rezoning application dated May 18, 2005 is different from the proposal previously considered by the City. This new PUD offers three alternative: forma of redevelopment of yohnston Island: detached single family lots, attached single family townhomes units, or a private yacht club with residential and non- residential amenities. This new proposal reflects many of the concerns expressed by the Community Development Board, City Commission and citizens of Atlantic Beach who shared testimony at the many public hearings this project has been Considered at. It is our hope that the Commission Can see to it that this . new application could be considered in the near future. Should you have any questions or require additional information, please do not hesitate to call. Thank you for your tirr~ and attention. With Lind regards, PROSSETL 1ElALLOCK, lNC. Anthony ~ Robbins, AICP Senior Planner Gopy: Ronald Zajack, Bridge T enders, L.LC. Paul Harden, Eyq. 13401 Sutton Prtk Drire South, Srite 200 latlromihe, floridsr 32224.0229 p • 90A.)39.3dSS f •904,]30.3413 e • info~prossechallock.clxn