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
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•
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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