12-11-95 v •
CITY OF ATLANTIC BEACH
December 11, 1995
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Special Called Meeting of November 20 and Regular Meeting
of November 27, 1995
2. Recognition of Visitors:
ALL MAT MRS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
3. Unfinished Business:
A. Authorize execution of contract between the City and Atlantic Beach
Experimental Theater (ABET) (Timmy Johnson)
B. Authorize execution of contract between the city and YMCA(Timmy Johnson)
C. Ratify contract between the City of Atlantic Beach and Professional Fire
Fighters of Jacksonville Beach, Local 2622 (Jim Jarboe)
D. Action on proposal from Gee & Jenson Engineers-Architects-Planners, Inc., for
professional services in connection with Public Safety Building Remodeling and
Addition (Chief Thompson)
E. Appointments to Cultural Arts Board (2) and Tree Conservation Board (1)
4. Consent Agenda:
A. Acknowledge receipt of Public Works Status Report (Bob Kosoy)
B. Acknowledge receipt of Parks and Recreation Facilities Usage Report for November,
1995 (Timmy Johnson)
C. Acknowledge Receipt of Building Department report for November 1995 (Don Ford)
D. Acknowledge receipt of Code Enforcement report for November 1995 (Karl
Grunewald)
5. Action on Resolutions:
A. Authorize purchase of 1996 Ford Mustang pursuant to the specifications of Bid No.
9596-1, from Mike Davidson Ford at a cost of$16,350.55, and approve adoption of
Resolution No. 95-45 authorizing budget adjustment to provide funding for the
purchase of such vehicle
B. Adoption of Resolution No. 95-46 approving the lease purchase of certain equipment
and accepting the bid of Barnett Bank of Jacksonville, N.A., for such lease purchase
6. Action on Ordinances:
A. Public hearing and final reading of Ordinance No. 95-95-64 amending Chapter 23,
Vegetation, Amending Article II, Tree Protection
B. Public hearing and final reading of Ordinance No. 95-95-65, amending Chapter 24,
Zoning and Subdivision Regulations, establishing landscape requirements
C. Introduction and first reading of Ordinance No. 5-95-26, providing for the
appointment of a Director of Public Safety
7. New Business:
A. Action on a request for a Use-by-Exception filed by Robert J. Schulte to operate a
light auto and truck repair business at 18 Donner Road
8. City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City
Clerk
Adjournment
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 Chambers.
•
V V
Minutes, Page 2 NAME OF
COMMAS. MS Y N
DecembPr_11,1995
Potter's concerns.
3. Unfinished Business:
A. Authorize execution of contract between the City and
Atlantic Beach Experimental Theater(ABET)
Timmy Johnson, Recreation Director, explained in the past the City had
given ABET authorization to use the Adele Grage Community Center
auditorium and two offices located within the Community Center on a one
year contractual basis, and that it was time to renew the contract.
MESERVE X
Motion: Renew the contract between the City and ABET REED X X
ROSENB
from October 1, 1995 to September 30, 1996 FLETCHLOOM X X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
B. Authorize execution of contract between the city and
YMCA
Timmy Johnson, Recreation Director, explained in recent years the City had
given the YMCA authorization to use the City facility located in Russell
Park, on a contractual one year basis, and that it was time to renew the
contract.
MESERVE X X
Motion: Renew the contract between the City and REED X X
YMCA from October 1, 1995 to September 30, 1996 ROSENBLOOM X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
C. Ratify the contract between the City of Atlantic Beach
and Professional Fire Fighters of Jacksonville Beach,
Local 2622
It was agreed action relative to this matter should be deferred until the
meeting of January 8, 1995
MESERVE X X
Motion: Defer action on ratification of the contract REED X X
between the City of Atlantic Beach and Professional Fire ROSENBLOOM X
Fighters of Jacksonville Beach, Local 2622 until January FLETCHER X
8, 1995
No discussion before the vote. The motion carried unanimously.
v v
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH 0 0
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, T T
AT 7:15 PM ON MONDAY, DECEMBER 11, 1995 E E
D D
PRESENT: Lyman T. Fletcher, Mayor
John Meserve I M S
Tim Reed 0 E
Steve Rosenbloom T C
I O Y
*Suzanne Shaughnessy, Commissioners NAME OF ON EN
COMMRS. N D S 0
AND: Jim Jarboe, Acting City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
*Commissioner Shaughnessy attended the meeting for a brief time but was
not able to stay due to illness.
The meeting was called to order. The invocation was followed by the pledge
to the flag.
1. Approval of the minutes of the Special Called Meeting of
November 20 and Regular Commission Meeting of November
27. 1995 MESERVE X X
REED X X
Motion: Approve minutes of the special meeting of ROSENBLO M X
November 20, 1995 FLETCHER X
No discussion before the vote. The motion carried unanimously.
MESERVE X X
Motion: Approve minutes of the regular meeting of November REED X
27, 1995 ROSENBLOOM X X
FLETCHER X
The question was called and the motion carried unanimously.
2. Recognition of Visitors:
Alan Potter, 374 Second Street, referred to the costs related to the bond
issue and felt this information should be made available to the public. He
referred to an article that appeared in the Times Union of December 3, 1995
relative to bonds and in particular comments that were made by
Commissioner Rosenbloom and asked that the article be made part of the
public record (copy of article attached hereto and made a part hereof-
Exhibit A).
Mayor Fletcher asked Jim Jarboe, Acting City Manager, to respond to Mr.
_ l
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December 11, 1995
D. Action on proposal from Gee & Jensen Engineers-
Architects-Planners, Inc., for professional services in
connection with Public Safety Building Remodeling and
Addition
David Thompson, Chief of Police, explained that for the 1995-96 budget,
$237,000 was identified to make the necessary improvements for Police and
Fire operations. The Commission at a previous meeting authorized staff to
negotiate with Gee and Jenson to determine fees for their services which,
together with the estimate cost of construction, totaled $282,190. This
exceeded the budgeted figure by a significant amount, Chief Thompson
explained.
Chief Thompson recommended another option available to the City that had
the potential to reduce costs and accomplish the proposed building
construction. He explained this was generally referred to as a
"Design/Build" concept, which was the combination of
architectural/engineering services with the contracting work. The City
would bid the project to include the design work as well as the construction,
and the necessity for contracting separately with an architect would be
eliminated. It was explained at the present time there was no signed contract
with Gee and Jenson. MESERVE x X
REED X X
Motion: Defer action and authorize staff to develop and ROSENBLOOM X
advertise bids for the design and construction of the FLETCHER X
Public Safety Building Improvements and Expansion
It was suggested that the Building Official have someone to assist with
inspection of the work so that construction could be monitored closely.
Commissioner Meserve cautioned staff to craft language of the contract very
carefully so that the contractor would know his exact responsibilities.
Following discussion, the question was called and the motion carried
unanimously.
Mayor Fletcher asked Commissioner Meserve to assist staff regarding the
language of the contract.
E. Appointments to Cultural Arts Board (2) and Tree
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Minutes, Page 4 NAME OF
COMMAS. MS Y N
December 11, 1995
Conservation Board (1)
Mayor Fletcher nominated Cecile Purcell to serve on the Cultural Arts
Board.
MESERVE X X
Motion: Appoint Cecile Purcell to serve on the Cultural REED X
Arts Board ROSENBLOOM X
FLETCHER X X
No discussion before the vote. The motion carried unanimously.
Mayor Fletcher nominated Dan McKinnon to serve on the Cultural Arts
Board.
MESERVE X
Motion: Appoint Dan McKinnon to serve on the Cultural REED X
Arts Board ROSENBLOOM X X
FLETCHER X X
No discussion before the vote. The motion carried unanimously.
Mayor Fletcher nominated Judy Jacobson to serve on the Tree Board.
MESERVE X X
Motion: Appoint Judy Jacobson to serve on the Tree REED X
Board ROSENBLOOM X
FLETCHER X X
No discussion before the vote. The motion carried unanimously.
4. Consent Agenda:
A. Acknowledge receipt of Public Works Status Report
B. Acknowledge receipt of Parks and Recreation Facilities
Usage Report for November, 1995
C. Acknowledge receipt of Building Department report for
November 1995
D. Acknowledge receipt of Code Enforcement report for
November, 1995
The Commission accepted and approved the items on the Consent Agenda.
5. Action on Resolutions:
A. Resolution No. - 95-45 - A RESOLUTION
TRANSFERRING CERTAIN MONIES BETWEEN
FUNDS
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Minutes, Page 5 NAME OF
COMMRS. MS Y N
December 11, 1995
Mayor Fletcher presented in full, in writing, Resolution No. 95-45.
Jim Jarboe, Deputy City Manager, explained the Detective Division of the
Police Department had a detective position which was specifically dedicated
to narcotics enforcement, and it was the desire of staff to purchase a new car
for the detective position. Funds in the amount of$8,500 were set aside in
the 1995/96 budget for the purchase of a used vehicle and, with additional
funding utilized from contraband forfeiture money it would be possible to
purchase a new vehicle pursuant to the specifications of bid No. 9596-1. It
was recommended that the City approve a resolution utilizing contraband
forfeiture money to make up the difference in the budgeted funding and the
actual price of the purchase of the new car.
MESERVE X X
Motion: Approve passage of Resolution 95-45 REED X
ROSENBLOOM X X
FLETCHER X
Following a brief discussion the question was called and the motion carried
unanimously.
B. Resolution No. 95-45 - A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, APPROVING THE LEASE
PURCHASE OF CERTAIN EQUIPMENT BY THE
CITY AND ACCEPTING THE BID OF BARNETT
BANK OF JACKSONVILLE, N. A., FOR SUCH
LEASE PURCHASE; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO TAKE THE
NECESSARY ACTION TO ACCOMPLISH THE
LEASE PURCHASE FOR SUCH EQUIPMENT;
DESIGNATING THE LEASE/PURCHASE A
"QUALIFIED TAX EXEMPTION OBLIGATION"
PURSUANT TO THE INTERNAL REVENUE CODE
OF 1986, AS AMENDED; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Resolution No. 95-46.
Jim Jarboe summarized the equipment that the city would be leasing.
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December 11, 1995
Motion: Approve passage of Resolution 95-46 MESERVE X X
REED X
ROSENBLOOM X X
Following a brief discussion the question was called and the motion carried FLETCHER X
unanimously.
6. Action on Ordinances:
A. Ordinance No. 95-95-64 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE II,
TREE PROTECTION; DELETING CERTAIN LANGUAGE AND
INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-64, said
ordinance having been posted in accordance with Charter requirements.
The Mayor opened the floor for a public hearing and invited comments from
the audience.
Jim Lucas, Chairman of the Tree Ordinance Committee, explained prior
attempts to revise and change the existing Tree Ordinance had been
unsuccessful. Some time ago the Commission appointed volunteers to
examine the existing ordinance, define the problems, determine what needed
to be clarified, and, if it was determined something was missing from the
ordinance, to clarify and expand the language. He further explained the
intent of the proposed ordinance was to clarify the intent of the ordinance
that was already in effect. He explained homeowners who desired to remove
a tree from their lot and who did not require a building permit would be
exempt from the requirements of the ordinance, but homeowners who
required a building permit over $10,000 would not be exempt.
Mike Borno, 223 Ocean Forest Drive North., indicated he had prepared a
lengthy document containing suggestions and modifications to the proposed
ordinance. He suggested that a workshop be held to refine the language.
Kelly Elmore, 1160 Beach Avenue, explained he was a landscape architect
and that he had assisted the City of Jacksonville in the preparation of its tree
ordinance. He indicated the Atlantic Beach ordinance was modeled after the
City of Jacksonville ordinance, and he commended the Committee for its
work. He recommended that specific shade trees be identified that were salt
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Minutes, Page 7 NAME OF
COMMRS. MS Y N
Dcccmbcr 11, 1995
tolerant and that would be good choices for landscaping.
Hope Van Nortwick, 826 Ocean Boulevard, explained she served on the
Tree Committee and was also on the Tree Conservation Board. She
explained the mitigation requirement, and she indicated the ordinance was
not too restrictive.
Other residents who spoke were as follows: Peter Sapia, 1655 Selva Manna
Drive, Cindy Corey, 394 Eighth Street, Dorothy Kerber, 365 First Street,
Joe Cruise, 315 Garden Lane, and Curtis Sanders, 2320 Barefoot Trace.
Some comments were as follows:
. .that the ordinance contained several ambiguities and that the city did not
need more rules and regulations
...that the ordinance might make it too expensive for a new homeowner to
develop land.
...that the ordinance was too restrictive and that staff should be able to
control the situation via the issuance of permits.
...that trees were being needlessly cut down and that the city needed stronger
protection to maintain the character of the community.
Since no one wished to speak further the Mayor closed the Public Hearing. MESERVE X
REED
Motion: Approve passage of Ordinance No. 95-95-64 on ROSENBLOOM X
Final Reading FLETCHER
Following discussion among the Commissioners, it was felt that a workshop
should be held to discuss the ordinance further with the end result being a
clear, concise ordinance. MESERVE X X
REED X
Substitute motion: Defer action on Ordinance No. 95-95- ROSENBLOOM X X
64 until January 22, 1995 FLETCHER X
The question was called and the vote resulted in all ayes. The motion
carried.
It was suggested that Kelly Elmore attend the workshop, to which Mr.
Elmore agreed.
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NAME OF
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Dcccmb l 1, 1995
B. Ordinance No. 95-95-65 - Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING CHAPTER 24, ZONING AND
SUBDIVISION REGULATIONS, ARTICLE III, ESTABLISHING
LANDSCAPE REQUIREMENTS; DELETING CERTAIN
LANGUAGE AND INSERTING ADDITIONAL LANGUAGE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-65, said
ordinance having been posted in accordance with Charter requirements.
He opened the floor for a public hearing and invited comments from the
audience.
Jim Lucas indicated the present ordinance did not address landscaping, and
it was felt the proposed ordinance would result in more attractive future
commercial developments. He explained the ordinance only applied to
commercial and industrial development. It was explained existing businesses
were only subject to the law if the business was renovated or expanded at a
cost of more than 50 percent of the value of the existing building. It was
explained the ordinance left some leeway for existing businesses that were
situated on oddly shaped lots which might lose some parking area if the law
was strictly enforced
Peter Sapia felt the ordinance might inhibit future commercial development.
Hope Van Nortwick indicated the proposed ordinance was patterned after
the City of Jacksonville ordinance.
Since no one wished to speak further the Mayor closed the public hearing. MESERVE x X
REED X
Motion: Approve passage of Ordinance No. 95-95-65 on ROSENBLOOM X X
final reading FLETCHER X
Following a brief discussion the question was called and the motion carried
unanimously.
At this time Mayor Fletcher called for a recess of five minutes.
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NAME OF
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December 11, 19%
C. Ordinance No. 5-95-26 - First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE IV, DEPARTMENTS, DIVISION 1, GENERALLY, SEC. 2-
41, DIRECTOR OF PUBLIC SAFETY, BY PROVIDING FOR THE
APPOINTMENT OF A DIRECTOR OF PUBLIC SAFETY, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing, Ordinance No. 5-95-26.
MESERVE X X
REED X X
Motion: Approve passage of Ordinance No. 5-95-26 on ROSENBLOOM X
first reading and set public hearing for January 8, 1995 FLETCHER x
Following a brief discussion the question was called and the motion carried
unanimously.
7. New Business:
A. Action on a request for a Use-by-exception filed by
Robert J. Schulte to operate a light auto and truck repair
business at 18 Donner Road
George Worley, City Planner, indicted Robert J. Schulte proposed to
operate a repair business for light trucks and automobiles at 18 Donner
Road. The property was zoned CL, Commercial Limited, a district which
permitted such repair business by Exception. It was explained the location
had vehicle repair businesses at several times in the past. Mr. Worley
indicated the Community Development Board unanimously recommended
approval of the requested Use-by-Exception subject to the conditions
indicated in the staff report dated
December 4, 1995 (attached hereto and made a part hereof-Exhibit B). In
addition, Mr. Worley recommended the exception be granted to Mr. Schulte,
only, and that if in the future another applicant wished to have a repair
business it would be necessary for that individual to apply for a use-by-
exception.
MESERVE X
Motion: Grant Use-by-Exception to Robert J. Schulte to REED X X
operate a repair business for light trucks and automobiles ROSENBLOOM x X
at 18 Donner Road subject to the conditions indicated in FLETCHER X
the attached staff report dated December 4, 1995 (Exhibit
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NAME OF
Minutes, Page 10 COMMRS. MS Y N
Dccsmber 11, 1995
B), with the additional stipulation that the exception be
granted to Mr. Schulte, only, and that if in the future
another applicant wished to have a repair business it
would be necessary to apply for a use-by-exception.
Following brief discussion the question was called and the motion carried
unanimously.
B. Authorize City Manager to award bid pursuant to Bid No. 9596-
4, for the purchase of vehicles for Code Enforcement and
Building Departments from the low bidder, provided the low bid
is within the approved budget amount.
Jim Jarboe requested authorization to purchase vehicles for the Code
Enforcement and Building Departments from the low bidder, provided the
low bid pursuant to bid No. 9596-4 to be opened December 14, 1995, was
within the approved budget amount. He explained the Internal Revenue
Service required that 10 percent of the funds being borrowed for the
lease/purchase of vehicles and equipment, be spent before the end of the
year.
It was explained Commissioner Meserve would attend the bid opening.
MESERVE X
Motion: Authorize City Manager to award bid pursuant REED X
to Bid No. 9596-4, for the purchase of vehicles for Code ROSENBLOOM X X
Enforcement and Building Departments from the low FLETCHER X X
bidder, provided the low bid is within the approved
budget amount.
Following a brief discussion the question was asked and the motion carried
unanimously.
8. City Manager Reports and/or Correspondence:
Jim Jarboe reported staff had met with the Gays relative to the 16th Street
Crossover, and a letter of confirmation had been accepted.
Mr. Jarboe commended Don Ford and the Building Department concerning
their ISO rating of"three" which was an excellent rating.
Commissioner Meserve asked Alan Jensen to clarify the reason the City went
to court to have the bond issue validated, to which Mr. Jensen advised this
was a normal legal procedure that was followed and the court determined
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NAME OF
Minutes, Page 11 COMMRS. MS Y N
December 1-1, 1995
whether the Commission had acted legally.
Commissioner Reed referred to newspaper articles regarding an upcoming
Spring jam scheduled to take place in Jacksonville. Chief Thompson
indicated promoters had not contacted any of the cities, and he was asked to
keep the Commission apprised of the event.
Commissioner Rosenbloom:
...responded to the article in the Times Union that was commented on by
Alan Potter. Commissioner Rosenbloom felt the city was prudent
concerning the bond issue.
...commended Timmy Johnson on his handling of the tree lighting in Jack
Russell Park.
...thanked Gene Nordan for providing music and entertainment at the tree
lighting.
...made reference to plans to have a Beaches Historical Society Slide Show
and asked that $500.00 be allocated from the Commission Contingency Fund
so that reproductions could be made and preserved of any historical pictures
regarding the City.
ME SERVE X X
Motion: Allocate $500.00 Commission Contingency Fund REED X
for make reproductions of slides for the City ROSENBLOOM X X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
There being no further business the Mayor adjourned the meeting at
9:30 p. m .
"an T. Fletcher
Mayor/Presiding Officer
ATTEST:
Mau een King
City Clerk
EXHIBIT A •
. _r „, 4,- • MINUTES; DECEMBER 11 , 1995 -Li
! k 4 i : f '''' - - h
I , : , , ,, ,_____
• , , , ; , . 17
.r a ? i ; % i' 7 ? 7 •
y '__ � 1 Sunday, December 3, 1995
The Times-Union
J
Your loss is probably the up-
il s front price you paid to buy the
Bobonds. When you buy or sell
stocks, you typically pay a bro-
kerage commission. That's not
aua the case with bonds, notes Steve
Rosenbloom, chief investment
officer of Florida Physicians
confusing are Insurance Co: Insurance
ancee compa-
niesg buyers.
When you buy bonds, the com-
I bought some mortgage mission is never shown. It's
.bonds recently. The first buried in the difference between
sta ement I received showed a the bid(price a buyer is willing
loss. I'd like to know why there to pay) and ask (amount a seller
was a large loss at the time of is willing to accept).
purchase. Also, what makes That sales commission, which
bonds fluctuate up and down? is usually at least 3 percent,
A . If you're confused about gets factored into calculating
.bonds,join the crowd. For your return on the investment,
the average investor, bonds are according to Rosenbloom. Say a
probably the most misunder- bond you bought yields 7 per-
stood and confusing of all cent in its first year. If you
investments. But for those who decide to sell in the first year,
know what they're doing, bonds you subtract the 3-percent corn-
can offer excellent investment mission to give a yield of just 4
opportunities. Example: U.S. percent.
Treasury bonds have yielded a Why do bonds fluctuate? In
35-percent return over the past two words: interest rates. Or the
year. expectation about which direc-
tion they may be heading. '
If investors think interest
rates are going to fall, as they
do now, then the price of bonds
goes up. That's because existing
bonds are paying a higher rate.
Conversely, if rates are expected
to rise, then the price of existing
bonds falls.
EXHIBIT B
• MINUTES; DECEMBER 11 , 1995
STAFF REPORT
AGENDA ITEM: Use-by-Exception for auto repair business
SUBMITTED BY: George Worley, Community Development Director
DATE: December 4, 1995
BACKGROUND:
The applicant proposes to operate a repair business for light trucks and
automobiles at 18 Donner Road. The property is zoned CL, Commercial Limited, a
district which permits such repair businesses by Exception. Because the applicant is
employed full time elsewhere, he proposes to operate this business on an intermittent
basis, dependent upon his available time. The location has had vehicle repair businesses
at several times in the past.
RECOMMENDATION:
The Community Development Board heard this request and unanimously
recommends approval of the requested Use-by-Exception subject to the following
conditions?:
1) No inoperable or disassembled vehicle shall be stored outside of the
building.
2) No noise producing equipment shall be used after 9:00 PM.
3) No transmission repairs are permitted and no large trucks may be repaired.
4) This Variance may be revoked upon conviction of the applicant by
the Code Enforcement Board for any nuisance violation at this
location.
ATTACHMENTS.
1) Application for Use-by-Exception
2) Minutes of the Community Development Board ► eeting
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO. 7/1
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FINDIMOS OF FACT
1. Inpresa and
atruoIngre is &prima to property and
atru adequate. Particular referenceeied
to automotive YES HO
Convenience, traffic and Pedestrian safety
in cane of catastrophe;
flor and control and
and access
2. Ott-street parking and loading is ad
Particular attention is paid to the
ave and the equate.
above
economic, noire, items in 1•
of thendepeoial exception glare and odor
properties s gen n ll adjoining
districts properties, generally in
the
3. Locations of
3. Locations
reuse and eervios areas
compatible
a with aurroundjM PoPertiearem
Y ooeasible. sad are
•
4. Locations; availability and compatibility of
utilities are adequate.
3. Type, dimensions and character of screening -and buffering are adequate.
•
6. Signs and proposed exteriorM ---
reference to glare and traffic safetyng, with
harmony and are ooapatible with other p' are in
in the district. properties
7. Required yards and other open spaces are ---
adequate.
B. The use is generally compatible with
jacent
properties and other property in the district.
COMMUNITY DtYCLOPMt*T BOARD REPORT AND RECOMMOIDATIONftt
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•
J �
•
ACTIONS RY THE CITY CONMIBIIIONt
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
MEETING DATE November 21, 1995
AGENDA ITEM: # 4.a. Request for time extension of Variance granted to lots
8 and 9, Ocean Grove Unit II filed by Pelkey Builders.
The applicant was granted a Variance to the minimum lot dimension
requirements for the two lots for the purpose of constructing two single-family
homes (see attached minutes). The applicant has completed construction of one
home but requests the extension to allow him to begin construction of the second
home. The construction to-date has been in accordance with the zoning codes
and the stipulations placed on the variance by the Community Development Board.
The applicant has shown a good faith effort to comply with the Variance
granted. Staff recommends that a six month extension be granted to his
Variance.
AGENDA ITEM: # 4.b. Application for Use-by-Exception to operate a light
automobile and truck repair business at 18 Donner
Road.
The applicant desires to operate a repair business for automobiles and
trucks at 18 Donner Road. The location is a commercial building zoned CG,
Commercial General. The location has had vehicle repair business at several
times in the past. The proposed use is for intermittent operation rather than a full
time repair shop.
"Automotive/truck service garage" is a use permitted by Exception in the
CG district, however, given the close proximity of residential properties and the
potential use of noise producing equipment, some conditions may be appropriate.
Staff recommends approval of the requested Use-by-Exception subject to the
following conditions?:
1) No inoperable or disassembled vehicle shall be stored outside of the
building.
2) No noise producing equipment shall be used after 9:00 PM.
3) This Variance may be revoked upon conviction of the applicant by
the Code Enforcement Board for any nuisance violation at this
location.
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DRAFT
COPY
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
Or THE CITY OF ATLANTIC BEACH . FLORIDA
NOVEMBER 21 . 1995
7 : 00 P.M.
CITY HALL
PRESENT Robert Frohwein
Mary Walker
Sharette Simpkins
Pat Fillmore
Buzzy Grunthal
AND Alan Jensen . City Attorney
George Worley . II . CD Director
Pat Harris . Recording Secretary
ABSEMT Don Wolfson
Mark McGowan
Vice Chairman Robert Frohwein called the meeting to order and
asked for approval of the minutes from the meeting of October 17 .
1995 . The minutes failed to list Mrs . Simpkins as present . Upon
motion duly made and seconded the minutes were approved as
corrected .
NEW BUSINESS :
7K7I . Application for Use-by-Exception filed by Robert J .
Schulte to overate a light auto and truck repair business for
property located at 18 Donner Road .
Mr . Schuite introduced himself to the board and stated that
he desired to conduct light repairs and upholstery work on
automobiles and trucks . He stated that he presently works full
time at another job and the business would eventually supplement
his retirement .
Mr . Worley pointed out to the board that the staff report
reflected the property as CG-Commercial General and should reflect
CL-Commercial Limited but the same uses apply to each district .
After discussion . Mr . Grunthal moved to approve the use-by-
exception subject to the three conditions listed in the staff
report . i__. e. . 1 ) No inoperable or disassembled vehicle shall be
stored outside the building : 2 ) No noise producing equipment shall
be used after 9 : OC p .m: and 3 ) that the use-by-exception be revoked
upon conviction of the applicant by the Code Enforcement Board for
anv nuisance violation at the location ; and further that he will
not work on semi-tractor trailer and transmission repairs . Mrs .
Pillmore seconded the motion and it Passed by a unanimous vote .
II . Reauest for extension of time for variance Granted for
Lots 8 and 9 . Ocean Grove Unit II filed by Pelkey Builders . Inc .
Jim Felkev was not present at the meetina .
After discussion . Mrs . Pillmore moved to Grant a six-month
extension on the original variance to Mr . Pelkey retroactive to the
date of termination. Mrs . Simpkins seconded the motion and the
variance extension was unanimously granted.
The board agreed to meet at 6 : 00 o .m. on December 19 . 1995 to
review the zoning code amendments .
There being no further business to come before the board on motion
duly made the meeting was adjourned .
SIGNED:
ATTEST :