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03-23-87 v AGENDA CITY OF ATLANTIC BEACH March 23, 1987 Call to order Invocation and pledge to the flag 1. Approval of the Minutes of the Regular Meeting of March 9, 1987 and Special Meeting of March 16, 1987 2. Recognition of visitors 3. Appearances: A. George Bull, Jr. to discuss possible uses of ocean front property at the corner of Beach Avenue and Eleventh Street B. Jerry Eckert, of Bessent, Hammack and Ruckman, to discuss corrections and equalizations made in the Special Assessment project for public improvements in Section H as the result of the public hearing held on March 9, 1987, and further recom- mendations relative to the manner of assessing odd-shaped parcels and large tracts of undeveloped land north of Levy Road 4. Action by the City Commission to authorize the expenditure of $3,100.00 to Connelly and Wicker, Inc. for preparation of plans and specifications for parking facilities in Russell Park 5. Action by the City Commission to accept for maintenance the public improvements in the Snug Harbor subdivision in Section H. 6. City Commission action authorizing payment to Barcorp Corporation for intersection improvements at Mayport Road and Plaza 7. Action on Ordinances: A. Ordinance No. 90-87-116 Receipt of recommendations from the Community Development Board along with concept presentation on the Planned Unit Development known as Selva Linkside, and introduction of the Ordinance rezoning the area from OR and RS2 to PUD, and setting of a public hearing for April 13, 1987 (Community Development Board recommends approval) B. Ordinance No. 90-87-118 Public hearing and final reading of an Ordinance amending the Zoning Ordinance to provide that applications for exceptions before the Community Development Board must go through the procedure of a public hearing C. Ordinance No. 25-87-20 Public hearing and final reading of an Ordinance rewriting Chapter 8 of the Code of the City of Atlantic Beach, Florida, to provide new regulations relative to the Federal Flood Insurance Program 8. Miscellaneous Adjournment 14 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON MARCH 23,1987 AT 7:15 P.M. V V O O PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D William I. Gulliford, Jr. John W. Morris, Jr. , Commissioners M S AND: Richard C. Fellows, City Manager O E T C Claude L. Mullis, City Attorney I O Y Maureen King, Acting City Clerk NAME OF ONEN ABSENT: Adelaide R. Tucker, City Clerk, Out of town COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the Regular Meeting of March 9,1987 and Special Meeting of March 16, 1987 Motion: Minutes of the Regular Meeting of March 9, 1987 be approved Cook x as written. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * * * * * * * * * * * * .. * * * * * * * * Howell x Motion: Minutes of the Special Called Meeting of March 16,1987 be Cook x x approved as written. Edwards x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * * * * * * * ;: * * Howell x 2. Recognition of visitors - None 3. Appearances: A. George Bull, Jr. to discuss possible uses of ocean front property at the corner of Beach Avenue and Eleventh Street Mr. George Bull, Jr. presented, for consideration, two (2) proposed land use analyses for his property at the corner of Beach Avenue and Eleventh St. (lots 1 and 2, Block 42) . He advised the Commission he had also submitted copies of same to all his immediate neighbors for their review and comments. He asked the Commission to hear comments from his neighbors even though it was not a Public Hearing, as the only comments he had received were from Mr. & Mrs. Tucker, 42 11th St. who were in agreement with his request for site #2. Site analysis #1 offered land use permissible under present RS-2 zoning: two principal dwellings and two secondary dwellings. Land area 24,000 sq.ft. ; building coverage, 11,000 sq.ft. ,and buildings to land - 46% coverage. Site analysis #2, requested by Mr. Bull, was to allow the property to be subdivided into four lots so that he could construct 4 single family structures on individual lots.Total land area-24,000 Ki.ft. ; building coverage, 8,775 sq.ft. , and buildings to land- 37% iuverage. Building density to land would be 9% less in site #2 which would give more open space. He would also have the opportunity to sell the four lots as single family permanent residences, where as site #1 would be sold as two family residences with garage apartments as rentals. PAGE TWO V V MINUTES NAME OF MARCH 23, 1987 COMMRS. MSYN Appearances - continued Mr. Maxwell Dickinson, 1199 Beach Avenue presented a petition signed by residents opposing the change in land use from 2 single family lots to 4 single family lots. The petition stated reasons of density, traffic congestion at handicap beach access, parking for home occupation-George Bull Architect, fire & emergency access to N.E.lot, precedent for other oceanfront lots, and property was only 200' deep per plat and warranty deed, not 241. 1' deep. Mayor Howell pointed out Mr. Bull could build, under the present zoning, without coming to the City Commission, two primary dwellings and two secondary dwellings on each lot which would give him four separate single family units. The secondary dwelling could be combined with a private garage with a capacity of not more than two motor vehicles. Primary dwellings were not restricted as to vehicles. Mrs. Ann Rodgers, 1163 Beach, Mr. Bull's next door neighbor, said Mr. Bull was in violation of four of the codes in site #1. Atlantic Beach Code provides the legal description of the property is the front lot line. She said Mr. Bull's proposed dwellings had to come back 20 feet off the ocean front. His property did not run to the seawall, that was backfill and Mr. Bull had no title to that land. Mr. Bull assured Mrs. .odgers his property ran to the seawall. The legal description of Mr. �,ull's property will be researched for depth. Mr. Doug Miller, 1098 Beach and Mr. Robert Warren, 191 12th St. also spoke against the request to subdivide the property into four lots. Mr. Bull commented he offered to all his neighbors what he thought was the best use for the neighborhood, and he would like to build that way, but if he had to build two primary and two secondary dwellings, he would and sell off the two secondary dwellings. He emphasized that was not the best use for the land, the best use was to set farther back from the street, have more green area and divide the land into four lots. Mr. Bull was asked if he had listed his property for sale, and he said yes, with no success, as the the land value was so high and the structure was so old that repair costs were too great. During discussion, the question arose if Mr. Bull was requesting a waiver. The agenda did not reflect such a request. In response to the request by Commissioner Gulliford for a ruling from the City Attorney, Mr. Mullis advised Mr. Bull was asking for a waiver due to the terminology of his request in a letter to the Commission dated March 18,1987: "I am request- ing that the City Commission consider allowing my property to be subdivided as per site analysis #2 so that I may construct 4 single family structures on individual lots". Cook x Motion: Move to deny the request for waiver. Edwards x x Gulliford x x During discussion before the vote, it was pointed out Mr. Bull could Morris x come back at any time. The question was called and motion carried . Howell x unanimously. * * * * * * * * * * * * * * * * * * .. * * * * .. * * * PAGE THREE V V MINUTES NAME OF MARCH 23, 1987 COMMRS. M S Y N 3. Appearances - continued B. Jerry Eckert, of Bessent, Hammack and Ruckman, to discuss corrections and equalizations made in the Special Assessment project for public improvements in Section H as the result of the public hearing held on March 9, 1987, and further recommendations relative to the manner of assessing odd-shaped parcels and large tracts of undeveloped land north of Levy Road. Mayor Howell advised the Engineers were not prepared to make a final report at that time. The item was passed over until the meeting of April 13, 1987. 4. Action by the City Commission to authorize the expenditure of $3,100 to Connelly and Wicker, Inc. for preparation of plans and specifications for parking facilities in Russell Park. Mr. Fellows advised the Public Safety Building contract bids were due in by April 7th and would be presented to the Commission on April 13,1987. When construction started, it would require all present parking behind the public safety building to move over to the Russell Park parking area. He recommended the Commission authorize the engineers to prepare plans nd specifications to turn the dirt road into a hard top area to serve Joth the public safety dept and the recreational department uses. Motion: Authorize the expenditure of $3, 100.00 to Connelly and Cook x Wicker, Inc. for preparation of plans and specifications Edwards x for parking facilities in Russell Park. Gulliford x x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :: 5. Action by the City Commission to accept for maintenance the public improvements in the Snug Harbor subdivision in Section H. Mr. Fellows reported all necessary documentation had been received. He had received a report that indicated there might be some problems out of the cul-de-sac. Some grass was coming up through the pavement. Mr. Braid inspected the area and advised the paving was in good condition and recommended the city accept the improvements for maintenance. Motion: Accept for maintenance the public improvements in the Snug Cook x x Harbor subdivision located in Section H. Edwards x Gulliford x During discussion before the vote, Mr. Fellows advised the city had Morris x x received a one (1) year maintenance bond on the improvements. The Howell x question was called and the motion carried unanimously. 6. City Commission action authorizing payment to Barcorp Corporation for intersection improvements at Mayport Road and Plaza. PAGE FOUR V V MINUTES NAME OF MARCH 23, 1987 COMMRS. MSYN - 6. Authorizing payment to Barcorp Corporation - continued Mr. Fellows advised receipt of affidavit of Release of Lien, certifi- cation from the Engineers that the improvements had been built in accordance with the plans and specifications, a report from the Public Services Director stating the work appeared to be in accordance with the plans and specifications. Mr. Fellows said if the Commission deemed it appropriate to accept the improvements, he requested it to be con- tingent upon verification by Barcorp that all contractors and sub-con- tractors ubcon- tractors who provided services on that project had been paid. Motion: Authorize payment to Barcorp Corporation for intersection Cook x x improvements at Mayport Road and Plaza, contingent upon Edwards x x verification by Barcorp that all contractors and sub-con- Gulliford x tractors had been paid for their services, and also receive Morris x consent of Surety Company. Howell x No discussion before the vote. Motion carried unanimously. * is * k * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Action on Ordinances: A. Ordinance No. 90-87-116 - First Reading AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED OWNED BY LOUIS MacDONNELL et al FROM RS2 RESIDENTIAL SINGLE FAMILY AND OR OPEN RURAL TO PLANNED UNIT DEVELOPMENT (PUD) AS DEFINED UNDER THE LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-116 on first reading. Motion: Passage of Ordinance No. 90-87-116 on first reading. Cook x Edwards x Commissioner Morris said the application for rezoning stated total acreage of 29.37 acres. The application also showed the current record holder of title had only 26 acres. Mr. MacDonnell explained the acreage described in the original application included acreage for consideration to be exchanged by the city, plus acreage along the lagoon of 3.37 acres. Mr. MacDonnell reminded Commissioner Morris they had filed an amended application for no exchange with the city, no nature park along the lagoon. The acreage along the lagoon was not in the original submission. The revised preliminary plan had been approved for the second time by the Community Development Board and had been submitted that night to the Commission. The new preliminary plat showed 28.5 acres which they owned. Commissioner Morris asked if it included any of the roadway across the city yard on the northwest corner, and Mr. MacDonnell replied in the legative. He explained the request for PUD involved a simultaneous request Ind there was a separate map identifying the two proposed roadway easements. The easements, if granted by the city, would revert to the city when tte development was put on record and platted. Commissioner Morris referred to Section 24. 132 of the Code "the area will not be detrimental to the PAGE FIVE V V MINUTES NAME OF MARCH 23, 1987 COMMRS. M S Y N Action on Ordinances - continued- Ordinance 90-87-116 natural environment or the use or development of the adjacent properties in the general neighborhood." Commissioner Morris expressed concern in the wording of the Ordinance. He asked the Commission by intersecting the city property in two areas, what would they do with the piece in tha middle as far as expanding the city yard. It was his understanding the land was originally planned to be used for a holding station for refuse to save trips to the land fill. That was the same reasoning they were pursuing the purchase of more property. Commissioner Morris expressed the opinion it would have a direct effect on adjacent property as was mentioned in the Code of Ordinances. "I Think we should keep our whole card to do some swapping with". He said he could not vote for the passage based on Section 24.132 of the Code and the fact it had a direct detrimental effect on the use of the development of the adjacent city property. Following discussion, the question was called and the motion for Cook x passage on first reading carried with a four to one vote. Commis- Edwards x sioner Morris voted no. Gulliford x Morris x Mayor Howell set the Public Hearing for April 13, 1987. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * moi. Ordinance No. 90-87-118 - Final Reading and Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 3 SECTION 24-63, SUBPARAGRAPH (3) TO PROVIDE FOR A PUBLIC HEARING BEFORE THE PLANNING AGENCY (COMMUNITY DEVELOPMENT BOARD) ON APPLICATIONS FOR EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-118 on second and final reading. Said Ordinance was posted in line with Charter requirements. He opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 90-87-118 on second and final Cook x reading. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * * * * * * * :; * ;: * * * * * * Howell x C. Ordinance No. 25-87-20 - Final Reading and Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; REPEALING THE CURRENT CHAPTER 8 IN ITS ENTIRETY AND SUBSTITUT- ING A NEW CHAPTER 8 REGULATING DEVELOPMENT WITHIN DESIGNATED FLOOD IAZARDS WITHIN THE CITY; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 25-87-20 on second and final reading. Said Ordinance was posted in line with Charter PAGE SIX V V MINUTES NAME OF MARCH 23, 1987 COMMRS. MSYN Action on Ordinances - continued requirements. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 25-87-20 on second and final Cook x reading. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous Commissioner Gulliford asked the City Manager and Police Chief to watch the corner of Ocean Blvd. and First St. He felt a stop sign would be a must before the summer season arrived. Mr. Fellows reported Mr. Dickson, representing the cemetery in Section H, appeared the Community Development Board on March 17th in accordance with the Resolution adopted declaring a moratorium on the use of septic tanks. The Community Development Board recommended the City approve the request or an exception. The cemetery was more than 1200' from the nearest sewer connection. They have agreed when sewer is available they will hook up, but they plan to build an office building at the present time and need a septic tank. Motion: Approve the request by Beaches Memorial Gardens Cemetery Cook x for a septic tank in Section H. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mr. Fellows advised the Commission that Mr. Dean Russell had requested the City accept for maintenance water and sewer improvements in Sec.H. The City Manager had received the bill of sale, and maintenance agreement but not the as-builts. He suggested if the Commission approved, accept contingent upon the Public Services Director receiving the as-builts during the next week. Following discussion, Mayor Howell suggested the item be passed over until the next meeting when the as-builts had been received. Mr. Fellows reported Waitz & Frye had completed their analysis on the economics of going to 2,000,000 gal waste water treatment plant in the Buccaneer Water & Sewer District immediately, as opposed to building a new 400,000 gal. tank with an additional .55 MGD at a later date. He furnished the Commission with copies of their recommendations. Following liscussion, the Commission agreed to pass the item over until the next Meeting. PAGE SEVEN V V MINUTES NAME OF MARCH 23, 1987 COMMRS. MS Y N Miscellaneous - continued Mr. Fellows advised the Commission bids would be received on Thursday relative to the sewer rehabilitation program. It was incumbent the engineering report and bids be submitted to DER no later than March 31st. They had asked the Commission to hold a short Special Meeting on Monday, March 30th to approve the bids. Mayor Howell set the Special Meeting for March 30, 1987 at 6:00 p.m. to approve the bids; Waitz and Frye proposal for additional sewage treatment facilities on the Buccaneer District; request for acceptance by the City of certain public improvements for maintenance; status of Buccaneer Utilities, and further discussion on Section H. Commissioner Morris invited everyone to the Oceanside Church of Christ's Gospel meetings starting March 29 - April 1, 1987. Evening services would begin at 7:30 p.m. each evening. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:25 p.m. /Allam« Wil iam S. Howell Mayor/Presiding Officer ATTEST: • Maureen King Acting City Clerk By:art • dTrActt n .c;�vf 3/z3/21 PETITION Re Anticipated future development of George Bull `property, 47 11th Street and Oceanfront , Atlantic Beach I" The undersigning surrounding residents oppose the proposed change in land use from two single family lots to four single family lots. Reasons are: 1. Density 2. Traffic 3. Congestion at Handicap Beach Access 4. Parking for Home Occupations - George Bull Architect 5. Fire and Emergency access to northeast lot 6. Precedent for other oceanfront lots 7. Property is only 200 ' deep per plat & warrenty deed NAME _ / ADDRESS Alp .4e_a_Alr7pg'ilt C ' /lyt Itq k0-- - //o, do , 41i-cc:::- : _/(07L-e-eiii-de-t,-‘-,1 /4 5-v- ek/fc2 - f( g9 43aja-4 "--,- L)A-s ci 4_ 0 dock43 II �O �Q _ \ kms,, ,7, / /Z i , /G .(2 /0923 '6 / �u-e_- DTA t (Yips0 -(?�n f�Q ,'L(00 J6t ''2o f 131K tiG - I Isa r�cL A ed //» 44....A.drits .onta 4.,..„, •,, �� /off 7 --hi c -iv' aiw cA /1 r� 1 z-- ; . .�.�...cr.� /Ga /'SS $ oFf ;111,t,0 P- lie r' ', , _ 1 /7 2 / 44 / .2 ' 'wjk c_).)-AA.A. ' y-t.,(/.4, 61----t/L11-1 or / , . ,,,,,,,..„,„. ,,L , ,,,,_ ,,,,,, kfit,.LLn ?0. d:ryl z, . _/. `ZfAe,,_/ l 9/ /A-t'.- page 2. • Petition Res Anticipated Future Development of George Bull property 47 11th Street and Oceanfront , Atlantic Beach 411 The undersigned surrounding residents oppose the proposed change in land use from two single family lots to four single family lots. 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