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09-25-72 v 4110 CITY OF ATLANTIC BEACH AGENDA September 25, 1972 1. Call to order 2. Invocation 3. Approval of minutes of the regular meeting of September 11th. , 1972 4. Recognition of visitors 5. Correspondence 6-A Replat to acreage - P.U.D. Royal Palms Unit 2 - Mr. Fox (B) Commission consideration: Final Plan for P.U.D. Fox Garden. 7. Ordinance - First reading: To place all unzoned acreage in P.U .D. 8. Ordinance - Second Reading - Public hearing, amending 1410 Ordinance #20-71-23, Budget. 9. Bid Award - Drainage pipe 10. City Clerk 11. Chief of Police 12 . Public Works Superintendent 13 . City Manager 14. Commissioners 15 . Mayor 16. Adjourn ei • • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, SEPTEMBER 25, 1972 AT 8:00 P. M. Present William S. Howell, Mayor-Commissioner R. R. Rosborough L. W. Minton, Jr. D. W. Speed, Commissioners and R. C. Vogel, City Manager Oliver Ball, City Attorney Adele S. Grage, City Clerk Absent: F. W. Fogg, Commissioner The meeting was called to order by the Mayor-Commissioner, Mr. Howell. The Invocation was given by Commissioner Minton, followed by the pledge to the flag. Upon motion of Mr. Minton, seconded by Mr. Speed and carried, the minutes of the meeting of September 11, 1972 were approved as written. Mayor Howell recognized visitors present and called for any business from the floor not on the Agenda. There was none. Mr. Rex Frye and Mr. Paul Fox were present and presented a plat replatting certain lots in Blocks 19 through 23, Royal Palms Unit #2 (approximately 25 acres) , to acreage in order for it to go under PUD. We have previously given tentative approval to the Fox Apartment project, but they could not go ahead until the land was put back into acreage and then it could go under PUD. Mr. Minton moved approval of plat returning said land to acreage under PUD, seconded by Mr. Rosborough. Mr. Howell raised the question as to drainage ditch, but it is not a part of this acreage but lies to the east of it, and is a part of Royal Palms. Following further discussion as to the ditches the question was put and the vote was: Aye: Minton, Rosborough, Howell Nay: Speed Whereupon the Mayor declared the motion carried. The plans were then presented for Phase I only of the Fox Apartment complex. Mr. Rosborough moved the plans be referred to the Advisory Planning Board and that the Commission meet in special session to consider the Board' s recommendation, seconded by Mr. Minton, and following discussion the motion carried. An Ordinance was presented in full in writing for passage on first reading by title only, said Ordinance to put certain acreage under PUD as requested by Mr. George Bull. The acreage includes their land lying north of Saturiba Drive, the old Army site lying west of the lagoon, and Saltair acres Section 1 and 2. Mr. Minton moved that the rules be waived and the Ordinance passed • Minutes 9/25/72 - Page #2 on first reading by title only, seconded by Mr. Howell. Mr. Rosborough stated he has talked to several people and it appears to him we are including in PUD a zone and he doesn' t feel that it was the intention of the PUD Ordinance that it be used as a zoning criteria such as Residence AA or Business, but primarily and solely for the purpose of the developer or builder coming in to amend a variance. He would like to see this referred to the Advisory Planning Board and see what their recommendation is, such as putting under an existing classification that we have or providing another classification that would apply to unzoned land rather than under this Planned Unit Development Ordinance. Mr. Wardrep, Chairman of the Planning Board, has considered the putting of all unzoned acreage under PUD as we would still have control under Planned Unit Development. There was considerable discussion during which Mr. Howell stated that for planning to gc under PUD it has to go through two boards, the Advisory Planning Board and the Commission. After further discussion of zoning and rezoning during which Mr. Wardrep advised that the Planning Board understood Mr. Bull has a comprehensive plan for this area which was good, and in his years in Atlantic Beach he had never known the Bulls to do anything to hurt Atlantic Beach nor go back on their word. Mr. George Bull advised Atlantic Beach has no comprehensive zoning plan which is the problem, covering plan for this acreage. A report by Wilbur Smith was handed in 18 months ago. They have urged the City for years to adopt a PUD Ordinance so they would have control over use of land. He stated the City has no control under zoning but it does have under PUD. He also stated that if the City is going tc consider anything other than the PUD applica- tion to this land north of the present Selva Marina Subdivision and Country Club, they can withdraw his request that land be considered for zoning in line with plan, and he dared that it be zoned anything else in the face of it for be will take it to Court. He has had a plan before the City for almost two years and if zoned anything contrary to that plan he will take it to Court. Mayor Howell stated that we could place that particular land under, say Residence AA, which means a building contractor could design 75 ' x 100' lots up there and build 1400 square foot homes over which we have no control, but under Planned Unit Development anything that is built up there must first go before the Planning Board (and there was a hew and cry around the City to get the Planning Board into action so there could not be any more indiscretion by the City Commission) , having been passed or rejected by the Planning Board, whichever the case may be, it would then come before the City Commission for approval or denial. Under PUD there are two bodies that everything has to go through regardless of what it is, also a Public Hearing. There was further discussion following which the question was put and the vote was: Aye: Minton, Howell Nay: Rosborough, Speed Minutes 9/25/72 - Page #3 Whereupon the Mayor declared a tie vote and the motion failed. Ordinance #20-72-24 transferring funds in 1972 Budget, was presented for passage on second and final reading. Mayor HO ell read the Ordinance in full, then declared the meeting in session for Public Hearing on said Ordinance. Notice of Public Hearing was posted in line with Charter requirements. As nu one appeared either for or against the Ordinance, Mayor Howell declared the Public Hearing closed. Mr. Speed moved passage cf Ordinance #20-72-24 on second and final reading, seconded by Mr. Rosborcugh and carried. Mr. George Bull asked to be excused as he is going out of the City on October 4th and will be hospitalized until after November 1st. The bid on bituminized drainage pipe was next considered. Mr. Speed moved the bid be awarded to Sonoco Products Company in the amount of $3,271.18, seconded by Mr. Rosborough and carried. Mr. Hilliard advised Pic N' Save have started work at the back of their store, but the front of the store is not being kept up. Mr. Vogel is going to get in touch with them again. Mr. Vogel advised that Savage and Brandt cannot complete their contract on the Sewer Plant and the project has been turned over to their Bonding Company to handle completion. Mr. Howell attended the hearing on Occupational License fees and reported that the case is going forward. We did. nc.t get the injunction, but the Beaches and Baldwin are amply represented. There being no further business, the Mayor de a ?ed the meeting adjourned. -;/' Ad Vii. +11 r.�: :`:e11 Mayor-Commissioner Attest: (j'Adi„ik Adele S. Grage City Clerk