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03-01-875 > .~ CITY OF Harsh 5, 1987 MEMORANDUM To: City Manager From: Director of Public Services Subj :. JOHN TSAI-RLBISCUS ST. Project Clearances~'_ ]160CEAN BOULEVARD P. O. BOXm ATLANTIC BEACH, PLOBmA 13337 TELEPHONE 19d11~47a% I have reviewed my files on the Tsai/Hibiscus St. project and have discussed it wish Kenneth Rhone, Distribution Chief. I personnaly conducted most of the On-Site inspections and have copies of formal tests made by commercial testing firms. There were sixteen (16) duplex units listed in the Utility Service Agreement and 16 ERCS sere permitted by DER. The actual number of units constructed is not recorded at Public Works but should be available at [he Building Coordinator's office. The following items considered pertinent are on file in the Public Works offices and/or a[ City Hall. 1. A copy of the Utility Contractor's Lien Release Y. Connelly 6 Wicker's Engineering certification to DER for Sewer acceptance 3. Television Inspection logs dated 11/11/86 4. HRS water bacteriological clearance dated 12/9/66 5. System Pressure Tesc dated 10/28/86 6. As-Guilts and reproducible my lays. Hydraulic shares for this project were listed in [he Utility Service Agreement as a percentage of costs that have not been presented to the city by David Baker, Lnc. Res~pectfu ly, /(~J/IC. A'. B aid s. `` ~! -r 1 ,•,`~it ~ ; ~ ,, ~ .~ dY ~ ~ kal.i . } ~i!, a.._cYC~i ~ ~i.;.:. .. {v.~~~~. i,:' i :-_. . psCA ~= - L ~G ~ 39 sfii/FS /w RFfJ•Q yr~,r/ire/F %. ------- Cep- ~ f • _ i e i .`! i JCn7CD /SCnrHX IN(riJ L(c(175 . © }i i.`. ~(~ ~ :n ~. . E. ,i L!l9gy~ .. j 17 Puff(/c /'A,eliyCn S~ACGS AYA/LAA(~ /~ j AF7E.E S:do -- ,~/ _ Ji ~/ - ~,.'' ~ ~j ~ ~~ Lx/57/NG/ ~A9CF5 ~ ~'~ a ~ £XVANS/a+I / /~qGT/ME Rcs7. ~ ~ ~ ; ~' ~ ,,~/, /~;/ ,:~ v ,; ~'; ~ ` _# ~59ACf5 ,~ •~~ CS F1Vf~/(/7/~iC[ /1I7~~ SOU KS s~n~rr- PvP(/c~ uc~•~F~ 1 ~i57~NG~ ~ ' 1 1= ! ~. I i. ^ .: ~1r~rrrs ~x7siv:G - _... ,, ~~ /'/ ' . i ~`tt1 ~~ ,~~ ~_ Arica r 1' ~' t luv s~i o ~„ o ~~' - ') l ., ,. ~: , r.;~ . + ~ z® . .. sinn5 ~ iN for t rrr~Kr STf ` ftT r , . /3 5J'fi 1 ~ ~'' 1 1 J 1 I ~ 1~ ! ' 1 I I t A' s 271 f I I f s 'q I ! r• r ~ I 1 .~1Y~ t ~ =1 1 (~~ ~ 1 ~ 1 I ~ ~ t ~ • '1 1141 7 ~(~ j ~ { ITT R f i II >; l/. ~ 1 ~l4 { ~ `' " ` ' i • 1 r 111 ~ ` I t l r ' ,~ t ~ ' •~ t~ i , i~. r 3r~~c I:a II, t: FH ~ t~, i ,. S , i ~F: i ~ 1 I `~ ( ~ ~~ .~ } S• 1S° N + . .r -. t i lr' 'r. ~: 1 . k ~ . 1 . 1 , ~.~ , i ., t .. ... , J .. i•1Y, R' f F. We ehculd consider in this third 'use by exception' request from Ragtime the precedent St might set. Ragtime Se quite candid in their application (see their letter 1-2-E6(B71) They vent to add 50 seats to qualify for a liquor license rithout having to meet the off street parking requirements. In Sec. 24-49 (page 1422) (1) 3. 'Granting the variance requested rill not confer an the applicant any special privilege that Se denied by this chapter to other lends, buildings, or structures in the same zoning district;' Sec. 24- 161 (page 1457) specifically addressee parking requirements that similar businesses have been required to meet. I feel this matter should go back to the Community Development Board for further revier before the Commission takes action. for the comnieeion to 'put any restrlcticns or contlitione on the application to try to prevent the problem of parking in a public acceee.• Again in 1983, Monahan Beaches Jerelry Center requested w variance of the Board of Adjustment (see Board of Adjustment minutes 1-20-83) for some structural variances and parking variances. The Board approved the variance subject to a 10 year lease agreement to provide six spaces to meet the variance (rhich, incidentally, ras only 2 parking spaces short of the code. > In 1985, Ragtime came before the Board of Adjustment for two variances (see Board of Adjustment minutes 4-18-85) (1) Expansion that rould vary rear setback from 20 fee; to B 1/2 feet end a parking variance, ae the expansion roultl not conEOr^ to the parking requirements. The Board alloyed the variance subject to their using the rear lot parking-lighting it-directing traEf is to it-and the easterly parking spaces to be marked for parallel-rather than angle parking. In 1986, the Club Atlantia (nor Champions) came before the Advisory Planning Board (see minutes 1-21-86) to comply rith the ner zoning ordinance (changing from CI to CG> and formally request 'use by exception• for their on premise consthetBcard f liquor, beer, or vine. As they rare •GrandEathered•, recommended approval-but included En the request vac an expansion which the Board recommended Denial to the Commission. The Commission took action ae recommended by The Board. The 1985 request for parking variance never Iccannoteaeeerhere Commission, and ae I have mentioned earlier, arkin the Board had then, or bee nor, the authority to vary p g requirements. According tc the code (page 1426) 24-63 Ose by Exception (4)h. cif street parking and loading areas requested to be varied from take the form of Uee by Exception end the Board reviere, holds public hearings (thlw is not required by code?7> and passes the request rlth the recommendation to the Commission for a public hear ing -any conditionsro riaterandiinsthe bestlintereetnof the Comwisefon may deep app p city ers placed upon the request, end the Commission-not The Board, grants or denies the request. D. The Community Development Board serves a vital function and I certainly have no intentionw of creating en adversarial position betreen then and the Commission-goodness knors re need one another'e help but, I da feel strongly about the division of porers as the code seta forth. E. In the deliberation on Ragtime's request, re need to first clear up their appearance before the Board ne to the proper handling of the •variance.' weandeattemdttto benconsietentioin taken since 1983 in this zone, P our treatment of applicants. CITY OF ~Zfaatlc b"eacls - ~faxida ]I60CEAN 90ULEVAAD P. O. BO%R6 ATLANTIC BEACH. FlgEIDA3Yt3J TELEPHONE 19011292986 March 5, 1987 Memorandum To: Mr. Richard Fellors, City Managers From: Cammiseloner John M. Morrie, Jr. Dear Dick, Concerning the verlanee end/ar use by exception for Ragtime Tavern's expansion, I feel that the Community Development Board does not have the authority to alloy a variance to the parking ordinance for the (alloying reasons: A. (page 1419) 24-17 •a variants may be authorized only for height, area, size of structure or size of yards and open spaces.' (open spaces, page 1419, Ss differentiated from parking-on this same page.! B. (page 1922) 24-49 <1)b. •to authorize upon appeal Sn specific cases such variances from the terms of this chapter ae viii not be contrary to the public interest rhere, oring to special conditions, a literal enforcement of the provisions of this chapter rill result in unnecessary hardship. In order to authorize any variance from the terms of this chapter, the board must find that:' (1)- (2) 'the special conditions and circumstances do not result Eros the actions of the applicant' (It appears that they're requesting the expansion because they ere successful, rhich ie a direct action of the applicant.) (3) 'Granting the variance rill not confer on the applicant any special privilege that ie denied by this chapter to other lands, buildings, or structures in the same zoning district.' C. (some history on the area, and actions taken:) In 1983 Ragtime made their first request-use by exception-to serve beer end rf ne in their restaurant-parking vas discussed, end they demonstrated that adequate parking existed. (See Advisory Planning Bcerd minutes of 2-B-B3> Th1e request roe follored by several requests for 'use by exceptions' for beer end rine- Benjo's, Rite Spot and Coffee Garden. Ben,{o'a and Rite Spot shored they could provide off street perking, but Coffee Garden's request from the Planning Board roe ~;,. The above scope of cork is Eased on the City providing prints of all record (ea-Euilt) drawings of the existing eater treatment plants, including supply wells; and furnishing existing demand and future floe projections to 6e used in the evaluation. Project Schedule CWI is prepared to proceed with the scope of cork outlined above ui thin 15 days, after approval of this proposal. We anticipate completion of the preliminary evaluation within 45 days nfter commencing work on the study. Final copies of the study will be submitted within 15 days after the review meeting. This schedule is based upon expeditious receipt of record drawings, demnnd data and flow projections from the City. Compensation Compensation for the above scope of work shall be a lump sum fee of five ti.ousand nine hundred and fifty dollars (85950.00). Invoices will be submitted monthly based upon the percent cork complete at that time. Payment will be due upon receipt of invoices. If payment is not received within 30 dnys from the date of Ll.e invoice, interest will be charged at n rate of 1-1/2 percent per month on the unpaid balance retroactive to the invoice date. This proposal will remain in effect for a period of 60 days from the date of this letter. Acceptance after that period is subject to a review of the conditions stated herein, and possible revision by Connelly & Wicker Inc. in response to changed conditions. It this proposal meets with your approval, please execute on the space provided and return one copy for our files. Very tr y yours, ~/ ' J mes H. Miller, P.F. 'xcuulivc Vicc I'residm,L Accepted by the City of Atlnntic Beach, Florida Richard C. Fellows Date City Mannger 2 ~~y Connelly & Wicker, Inc. Consulting Engineers Mr. Richard Fellows City Manager City of Atlantic Beach Post Office Box 25 Atlantic Beach, Florida 32233 Re: Proposal for Engineering Services Water Treatment Plant Nos. 1 & 2 Evaluation and Study Phase Dear Richard: aP~b NOYEI S. EI10plS. P.E.. ELS. ppEFAT p. CONNELLY. P.f. N. PIMFA INIMYp. P.E JEYfE N. YLL£P. A. ~ f. WIIVM L WKIIEII. P.E. February 25, 1987 Based on our discussions on Tuesday, Connelly & Wicker Inc. (CWI) is pleased to furnish you with a proposal for the services referenced above. Scope of Work . The following tnahs will Art prtrfnrmrd by ('WT In providrt nn evnluation and recommendutions for the City of Atlantic Bench's Water Treatment Plant Nos. 1 & 2. ^ CWI will review record drawings of the existing facilities and conduct field inspections to determine the physical conditions of the mechanical equipment, electrical equipment, and structures. ^ CWI will review existing supply and treatment capacities and determine their adequacy to meet current and future demands. ^ CWI will evaluate the feasibility of upgrading both facilities versus abandoning WTP No. 1 and expanding WTP No. 2, based on demand requirements and the physical review of the Cncilities. ^ Upon completion of our preliminary- evaluation, CWI will meet with the City Manager, Director of Public Services, and other interested City of Ficials or staff, to review our findings prior to assembling the final study. ^ Based on comments received of the above review meeting, CWI will prepare, assemble, and submit ten 110) copies of the final evaluation and study complete with recommendations, exhibits and cost estimates. V.O. BOX 513!3 • JACKSONVILLE BEACH, FLORIDA 3a~0-7113 • YW/SIi79iS DESTRI, FLORIDA • CASHIERS, NORTH CAROLINA R`~ ~. ~ ~' ~ ~ ""- ~Q~ lL7i~n Februar}• 4, 1987 Mr. Richard Fellows, City Manager City of Atlantic Beach City Hall 716 Ocean Blvd. Atlantic Beach, Florida 32233 Dear Mr. Fellows: On behalf of the North Duval Beaches Association and on behalf of many concerned citizens of the Seminole Beach area, I respectEUlly request that you place the following item on the agenda for the next meeting of the City Commission to be held on Monday, February 9, 1987. It is hereby requested that the City of Atlantic Beach rezone the belov described area previously Y.nown as Seminole Beach and presently knovn as Atlantic Beach from RG2 to R52. All of the land lying betveen the Easterly boundary of Seminole Road and the Atlantic Ocean and lying between the Southerly boundary of Sixteenth Street and the Northerly boundary of the development knovn a5 "Ocean Village One Condominiums." Exceptions to this request to rezone will include all of the existing dwellings and any future dvellings with plans already approved by the City of Atlantic Beach or by the City of Jacksonville prior to the annexation date of January 1, 1987. In the event of any destruction, whether in total or in part, to the physical existence of these structures which are exceptions, a dwelling of identical family density ur less may be rebuilt, i'f so desired. Petitions in support of this request for rezoning vill be presented to the Mayor and to the City Commissioners at the appropriate time. Sincerely yours, ~.,..~ m.t`c~Ca+~~ Donald M. WolESOn POST OFFICE BO% X0368 J~C%SOrvviLl E. FLORiDn 32247-0368 • t904~ X31-9140 ~._ NOTICE OF PUBLIC HEARINGS CLTY OF ATLANTIC BEACH NOTICE IS HEREBY Cll'EN that the Ci[y Commission of [he Ci[y of Atlantic Beach, Florida ([he "City") has adopted its Resolution No. 87-4 which acts a public hearing of [he Ci[y Commission a[ 7:15 p. m., on Plar<h 9, 1987, at the City Commission Meeting Room, Ci[y Ra 11, 716 Ocean Drive, CSty of A[lan[ic Beach, Florida, for the purposes described below: PROPOSED SPECIAL ASSEBSMENT PROJECTS Tl~e City Commission has by Aesolucfon No. 87-2, as amended, proposed imptovementa described as Public Improvemen[e Pro ect to include atree[e, d rainaee, water and sewer in [he area bounded by Mavoort Road on [he east, The City has proposed [o defray a portion of the costs of such improve- ments by the levy of special assessments upon [he lots and lands co be spe- ', <ial bcnef i[[ed. All persons Snte rested are hereby advised [hat the descrip [ion of each property [o be assessed and the amount to be assessed co each piece or paccel of property may be ascertained a[ the office of [he Ci[y Clerk. At Uie public hearing the Ci [y Commission will provide an opportunity for interested persons to be heard as to the propriety and advisabil i[y of making such improvements, as to the cos[ [hereof, as [o the manner of payment therefor and as to [he amount thereof [o be assessed against each property so improved. The Ci[y Conunission will meet as an equalizing board [o hear and consider any and all complaints as [o [he special assessments and shall then or [hereafter adjust and equalize the assessments on a basis of justice and right. PROPOSED AD VALOREM TA% COLLECTION METHOD The City proposes to utilize the ad valorem tax collection method for collection of [I~e special assessments. If your property is assessed, failure [o pay such assessments may result in [he loss of title [o your property if the Ci[y Commission determines that assessments will be collected in the same manner as ad valorem Gaxes. If you wish to object [o [he proposed special assessment projects and/or collection method, you may do so by appearing personally or by filing written notice with [he City Commission prior [o [he time of the scheduled hearing. A person wishing [o appeal any decision of the Ci[y Commission with respect Go any matter considered will need a record and may wish Co ensure [hat a verbatim record is made. CITY COMMISSION CITY OF ATLANTIC BEACH, FLORIDA Published: Beaches Leader 2/18/87 and 2/25/87 1'he Times-Cnion 2!20;87 and 2/27/87 Posted: City I1a 11 Post Of flce ..., ORDINANCE N0. 90-87-118 AN ORDINANCE AlfENDINC THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENOINC CNAPTER 24 ARTICLE III, DIVISION 3, SECTION 24-63, SUBPARAGRAPH (3) TO PROVIDE FOR A PUBLIC HEARING BEFORE THE PLANNING AGENCY (COtR1UNITY DEVELOPMENT BOARD) ON APPLICATIONS FOR EXCEPTIONS; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY TiIE CITY GDMMISSIDN of the Ci[y of Atlantic Beach, Florida: Section 1. Chapter 24, Article III, Division 3, Section 24-63 subparagraph (3) is hereby amended to read as follows: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS ARTICLE III. ZONING REGULATIONS DIMSICN 3. APPLICATION PROCEDURES Section 24-63. Use by Exception (3) After the administrative offlc ial has received [I~e request, Che request will be placed on [he agenda of [he next meeting of [he planning agency (Community Development Board) which will meet [he time l imi[ required by the planning agency. The planning agency shall study each request for use by exception, conduce a public hearing alter due public no[ite, and make a written recommendation Co [he CI[y Coamission. The written report and recommendation shall state specific reasons and findings of fact, upon which its te<o®endation is based. Section 2. This Ordinance shall take effect upon Sts adoption. f * * * * 4 k rt * k * f Passed by the City Commission on firs[ reading Passed by [he City Commission on second 6 final reading Nilliam S. Howell, Mayor, Presiding Officer Approved as to form and correctness: Claude L. Mullis, Ci[y Accorney A[tes L' Adelaide R. Tucker, City Clerk ~. CITY OF ~ S"ear(s - ~loxCda March 5, 1987 MEMORANDUM To: City Manager From: Director of Public Services c160CEAN BODLEVARD P. O. BOX ]6 '. ATLANTIC BEACH. FLORmAaRSJD Subj :`]OHH TSAI_-HIBISCUS ST.. Project Clearance'B_~'.~ I have reviewed my files on the Tsai/Hibiscus S[. project and have discussed it with Kenneth Rhone, Distribution Chief. I personnaly conducted mosC of the On-Site inspections and have copies of formal tests made by commercial testing firms. There were sixteen (16) duplex units listed in [he Ucili[y Service Agreement and 16 ERCs were permitted by DER. The actual number of units constructed is not recorded at Public Works but should be available at the Building Coordinator's office. The following items considered pert inen[ are on file in [he Public Works offices end/or at City Hall. 1. A copy of [he Utility Contractor's Lien Release 2. Connelly b Kicker's Engineering certification to DER for Sewer acceptance 3. Television Inspection logs dated 11/H/86 4. NRS water bacteriological clearance dated 12/9/86 5. System Pressure Test dated 10/28/86 6. As-Buil[s and reproducible mylars. Hydraulic shares for Ch1s project were listed in the Utility Service Agreement as a percentage of costs that have not been presented to the city by David Baker, Inc. Res~ec tfu ly, K:ll'. a aid F. Me should consider Sn this third •uee by exceptlon• request from Rsgtime the precedent it might eat. Rsgtime ie quite candid in their application fees their letter 1-2-66(871/ They rant to add 50 seats to qualify for a liquor license rlthout having to meet the off street perking requirements. In Sec. 24-49 (page 1422) ll) 3. "Granting the variance requested rill not confer on the applicant any special privilege that le denied by this chapter to other lends, buildings, or etrueturee in the came zoning dletrlet;• Sec. 24- 161 (page 1957] epeclf ice lly addressee perking requirements lhst similar businesses have been required to meet. I feel this matter should go back to the Community Development Board for further revier before the Commission takes action. for the commieelon to 'put any restrictions or conditions on the application to try to prevent the problem of parking in a public access.' Again in 1983, Monahan Beaches Jerelry Center requested a variance of the Board of Adjustment lees Board of Adjustment minutes 1-20-83) for some structural variances and parking variances. The Board approved the variance subject to a 10 year lease agreement to provide six apecee to meet the variance (rhich, incidentally, roe only 2 perking spaces short of the code. 1 In 1965, Ragtime came before the Board of Adjustment for two variances <aee Board of Adjustment minutes 4-18-851 (1) Expansion that rould vary rear setback from 20 feet to B 1/2 feet and a parking variance, ae the expansion rould not conform to the parking r¢quire men u. The Board alloyed the variance subject to their using the rear lot parking-lighting St-directing traffic to it-and the easterly parking spaces to be marked for parallel-rather than angle parking. In 1986, the Club Atlantle (nor Champlone> came before the • Advisory Planning Board (see minutes 1-21-86) to comply rith the ner zoning ordinance (changing from CI to CG> and formally request 'use by exception' far their on premise consumption of liquor, Neer, or vine. Ae they were 'Grandfathered •, the Board recommended approval-but included in the request vas an expansion rhich the Board recommended Denial to the Commissien. The I Commission took action as recommended by The Board. i The 1985 request for perking variance never came before the Commission, and ae I have mentioned earlier, I cannot see where j the Board had then, or bee nor, the authority to vary parking requfremente. According to the cods (page 14261 24-63 Use by Exception (4)b. off street parking and loading areas requested to be varied frow take the form of Uae by Exception end the Board reviere, holds public hearinge (this ie not required by code77) end passes the request rlth the recommendation to the Commission for a public hearing-any conditions, restrictions ar limltetione the Commission may deem appropriate and in the best interest of the city are placed upon the request, end the Commission-not The Board, grants or denies the request. D. The Community Development Board serves a vital function and Z j certminly have na intentions of creating an adverearfal position 3 betreen them and the Commieaion-goodneee knows re need one another'e help-but, I do feel etrangly about the division of ~ porere ae the code seta forth. i E. In the deliberation on Ragtime's request, re need to first clear up their appearance before the Beard es to the proper handling of the 'variance.' Me then need to consider actions taken since 1983 in this zone, and attempt to be coneletent in our treatment of applicant e. CITY OF /flla.rta S'eacls - ~faxua!ct ]I60CEAN BOULEVARD P. O. BOX 26 ATLANTIC BEACH. PLORB1A 32266 TELEPIIONE 1900 2~32J% March 5, 1987 Hemorendum To: Mr. Richard Fellore, City Managers From: Commissioner John M. Morris, Jr. Deer Dick, Concerning the variance end/ar uee by exception for Ragtime Tavern's expansion, I feel that the Community Development Board dose not have the authority to allot a variance to the perking ordinance for the falloring reasons: A. (page 1419) 24-17 'a variance may be authorized only Eor height, area, size of structure or size of yards and open spaces.' (open spaces, page 1414, ie differentiated from parking-on this same page.) B. (page 1422) 24-49 (1)b. •to authorize upon appeal in specific cases such variances from the terms of this chapter as rill not be contrary to the public Sntereet there, oring to special conditions, a literal enforcement of the provisions of this chapter rill result in unneceeaery hardship. In order to authorize any variance from the terms of this chapter, the board moat find that:" fl>- (2) •ihe special conditions and circumstances do not result from the actions of the applicant' (It appears that they're requesting the expansion because they are successful, rhich Se a direct eetlon of the applicant.) f3) 'Granting the variance rill not confer on the applicant any special privilege that Se denied by this chapter to other lands, buildings, or structures in the same zoning district.' C. (some history on the area, and actions taken:) In 1983 Ragtime made their first request-use by exception-to serve beer end tine Sn their restaurant-perking res discussed, end they demonstrated that adequate parking existed. (See Advisory Planning Board minutes of 2-8-83I Th1a request tae follo>ed by several requests for 'uee by exceptlans• Eor beer and rine- Benjo'e, Rite Spot and Coffee Garden. Banjo's and Rlte Spot shored they could provide off street parking, but Coffee Garden's request Erom the Planning Board tae ~.=,P.. . 4. The dollar amount of each special assessment due to be paid in the applicable year shall be included on the tax notice issued pursuant to Section 197.072, Florida Statutes, for each affected parcel of property. 5. This resolution has been adopted after consideration at a public hearing. Prior to the public hearing, each affected property owner was notified by first class mail of both the potential for loss of his title which exist with use of the collectior. method herein authorized and the time and place of the public hearing. 6. Certified copies of this Resolution shall be forwarded to the Property Appraiser and to the Duval County Tax Collector. 7. This resolution shall he effective upon its adoption this the day of 1986. CITY OF ATLANTIC BEACH I Y P e id~ng icer ATTEST• City Clerk Approved as to form and corzectness: City Atto ney The foregoing provisions of the above Resolution are hereby accepted this day of 1986. Property Appraiser ~. 2 - RESOLUTION No. 87-7 N1IE REAS, pursuant to the provisions of Section 197.0126, Florida Statutes (1985), a governmental entity which levies special assessments authorized by general or special law or the State Constitution may provide for such special assessments to be collected in the same manner as ad valorem taxes; and WHERF.A S, the Commission has held a public hearing to consider the advisability of proceeding with a special assessment program, and has adopted a resolution indicating that it has determined to proceed with such program pursuant to the authority of Chapter 170, Florida Statutes, as amended; and WHEREAS, the Commission desires to provide for the collection of such special assessments in the same manner as ad valorem taxes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OP ATLANTIC BFACFi, that: 1. Pursuant to the authority of Section 197.0126, Florida Statutes (1985), City of Atlantic Beach, a political subdivision of the State of Florida (the "City") hereby authorizes utilization of the method of collection set forth in Chapter 197, Florida Statutes, for the collection of the special assessment liens to be levied against specially benefited properties in connection with the construction of the capital improvements approved by Resolution No. adopted by the City on the day of 1986. 2. The City has entered an agreement with the Property Appraiser of Duval County (the "Property Appraiser") setting forth the obligations of both parties pursuant to the requirements of paragraph (a) of subsection 1 of Section 197. 0126, Florida Statutes (1985). Pursuant to such agreement, the Property Appraiser has covenanted to perform those duties, among others, set out herein on his part to be performed. 3. When the Special Improvement assessment Roll in connection with the capital improvements mentioned in Section 1 of this Resolution has been prepared and finally approved pursuant to the provisions of Chapter 170, Florida Statutes, as amended, such Roll shall be forwarded to the Property Appraiser. The Property Appraiser shall list on the County property assessment roll the special assessment for all affected parcels, and shall include the dollar amount of each special assessment due to be paid in the applicable year in the Notice of Proposed Property Taxes prepared pursuant to the provisions of Section 200.069, Florida Statutes. „~--- _ NOTICE OF PUBLIC IIEARINGS CITY OF ATLANTIC BEACFI NOTICE IS HEREBY GIVEN that [he City Commission of [he Cify of Atlantic Beach, Florida ([he "City") has adapted its Resolution No. 87-4 which sets a public hearing of [he City Commission a[ 7:15 p.m„ on March 9, 1987, a[ [he City Commission Tleetirg Room, Ci[y Ball, 716 Ocean Drive, CS[y of Atlantic Beach, Florida, for [he purposes described below: PROPOSED SPECIAL ASSESSMENT PROJECTS The Ci[y Commission bas by Resolution No. 87-2, as amended, proposed improvements desc Abed as Public Improvements Proj ec[ to Snc hide streets, The CS[y has proposed [o defray a portion of [he costs of such £mprove- roen[s by [he levy of special assessments upon [he lots and lands [o be spe- elal benef i[[ed. All persons interested are hereby advised that the description of each property [o be assessed and [I~e amo un[ to be assessed [o eacl, piece or par<et of property may be ascertained at the office of the City Clerk. A[ [he public bearing [he Ci[y Commission will provide an opportunity for interested persons [o be heard as to the propriety and advisability of making sucl~ improvements, as [o the cos[ [hereof, as [o [he manner of payment therefor and as [o the amount [hereof to be assessed against each property so improved. The CI[y Commission will meet as an equalizing board Co hear and consider any and all complaints as to [he special assessments and shall [hen or [hereafter adjust and equalize the assessments on a basis of justice and rigii[. PROPOSED 1D VALORElI TAX COLLECTION METHOD The City proposes [o utilize [he ad valorem [ax tollec[ien method for collection of [he special assessments. If your property is assessed, failure [o pay such assessments may result in the loss of tide [o your property if the Ci[y Commission determines that assessments will be collected in the same manner as ad valorem taxes. IF you wish to object [o the proposed special assessment projects and/or collection method, you may do 9o by appearing personally or by filing written notice vi [I~ tl~e City CommlSSion prior [o the time of the scheduled hearing. A person wishing [o appeal any decision of [he CS[y Commission with respect to any matter considered will need a record and may wish to ensure [hat a ve rbaCim record Ss made. C LTY COMMISSION CITY OF ATLANTIC BEACH, FLORIDA Published: Beaches Leader 2/18/87 and 2/25/87 The limes-Union 2/20/87 and 2/27/87 Posted: City i1a 11 Post Office emergency stand-by and storage. In chic regard we asked for quotaf.ions from a couple of engineers to gee some idea of the costs involved and find the proposal of Connelly and Wicker is below the threshold requirements of the Consultants Competitive Negotiation Act. If [he Commission wishes, therefore, they may authorize [he City [o enter into a contract with Connelly and Wicker in the amount of $5,950.00 [o do the study which would be comple [ed in approximately sixty days. This will be an item for discussion on Tuesday night. o Tvo meetings ago the City Commission accepted an offer from [he Department of Community Affairs for $4,200.00 in reserve funds to prepare an element in [tie update of our comprehensive plan. Before the contract can become effective and [he Ci[y receive its money, the Commission needs to authorize [he City Manager to sign on behalf of the City. o There will be a public hearing on Monday nigh[ on an application for exception from Ragtime for the serving of beer, vine and liquor in a proposed new addition. In this regard I received a memorandum today from Commissioner i[orris and I am including a copy of it for your information. o The only Ordinance ve have up for public hearing Monday night is an Ordinance making some changes to the zoning and subdivision regulations [o eliminate references [o [he Advisoxy Planning Board and [he Board of Adj us[menc and substituting in place thereof the Community Development Board. When the City Attorney and I firs[ looked at the existing powers and duties of [he Board of Adjus[senc, we felt they simply repeated [he powers and duties and responsibilities outlined in the Community Devel- opment Board Ordinance, but [hat is not [hu case and ve therefore, wish to amend Section 24-47 during the public hearing so as to keep in force sections (I)a. through (1)e. inserting Covmiunity Development Board in place of Board of Adjustment wherever i[ occurs. We also wish to keep subparagraph 3 on the third page of the Ordinance, changing Board of Adj ustmen[ wherever i[ appears m Co®uni[y Development Board and court or court of record [o City Commission. This will glue us a good solid Ordinance backing up the recently adopted Community Development Board Ordinance. A copy of [he reworked Ordinance is enclosed so you can compare iC with [he old one. CITY OF rQtt'aKta beae! - ~Caatda ]I6 OCEAN BOULEVARD P. O. BO%26 ATLANTIC BEACH, FLORD)A a2Raa TELEPHONE ~901t R~9-2]% March 6, 1987 To: The Honorahle Mayor and Ci[y Commiss t(o~ners From: Richard C. Fellows, City Manager ~} Subject: STATUS REPORT o As usual, we enclose [tie minutes of the regular meeting of February 23, 1987, along with miscellaneous correspondence and other items for your interest. o The first itea on [he agenda Monday night will be [be Section M public hearing. The purpose of [he hearing is [o give those 1n Sec[Son H who will be assessed under the program, an oppor[eni[y of voicing their views relative to the desirability of making HIe proposed improvements and discussion with [Ile City Commission their thoughts in regards [o Che assessment charges. o I am including a letter from Don Wolfson, who will be on the agenda. Ne is asking for the City to rezone those areas in Seminole Beach now RC2 [o R52. o Bids are being advertised beginning on Sunday for construction of the new Public Safety Building. Since [his will be a large contract and a large number of items to call out, I discussed vi [h [he Mayor the desirability of opening bids at a time other than a City Commission meeting and he has agreed [o this. With this in mind, ve plan to open bids on April 7, 1967, at 2:00 PM, turn them over to the archi [ect and have them reviewed, evaluated and [abuia[ed to present [o [he City Commission at their regular meeting of April 13. There will be no City Commission meeting to open the bids, but any members of the City Commis- sion who wish to attend will be welcome. In addition to the City Hanager, the Architect, Finance Director, and the Police Chief and Fire Chief will attend the bid opening. o Ne have budgeted over $100,000 for water plan[ improvements [his year but felt before expending these funds, a professional study should be undertaken relative to our present water system capacity and our projected future needs. It vas felt we might wan[ to re-evaluate major investment in water plan[ No. 1 on Eleventh Street, and ins [ead, concen- trate all of our efforts in making wafer plant Mo. 2 our main supply area for water for Hie entire City and utilize water plan[ No. I as ,~n.__.,- __ __ 8. Action by [he City Commission _o accept for maintenance public fac ili[ies improvements in Che following projects: A. John Tsai water and sewer improvements on Hibiscus Scree[, ' subject to receipt o£ warranty bond B. Lakes of Maypor[ water and sever improvements including , easement and bill of sale 9. Action on Resolutions: a. Resolution No. 87-9 Introduction and adoption of a Resolution authorizing noC to exceed $3,800,000.00 Special Assessment Bonds L0. Miscellaneous Adjournment i i ~' ~_- AGF.NUA CTTY OF ATLANTTC RFAC11 March 9, 1987 Call co order Invocation and pledge [o [he flag 1. Approval of [he minutes of [he regular meeting of February 23, 1987 2. Recognition of visitors 3. Public hearing on proposed special assessment project for public improvements in section H for the purpose of receiving input as [o the prop[ie[y and advisability of undertaking such project, dis- cussions of [he cost [hereof, and manner of payment therefor, and on [he amount thereof [o be assessed against each property so improved. 4. Appearances: A. Mr. Donald Wolfson [o present a proposal in connection with rezoning in the north Seminole Beach area 5. Action by the Ci[y Cov®ission on a proposal for engineering ser- vices in connection with evaluation and study of eater treatment plants No. 1 and No. 2 in an amcun[ of $5,950.00 6. Ac[lon on Exceptions: A. Public hearing on an application for exception by William and Thomas Morton, owners of Ragtime Restaurant for the purpose of upgrading the lr currently held beer and vine beverage use to alloy the sale of distilled spirits and to approve expansion [o an additional fifty seats 7. Action on Ordinances: A. Ordinance No. 90-87-118 Introduction and first reading of an Ordinance amending Chapter 24, Article III. Division 3, Section 24-63 to provide [hat applications for exceptions presented m [he Community Development board vtll require a public hearing, and setting a public heating for March 23, 1987 B. Ordinance No. 25-87-20 Introduction and firs[ reading of an Ordinance amending Chapter 8 co proof de amendments required by [he Federal Flood Insurance Program and se[tl ng a public hearing for March 23, 1987 C. Ordinance No. 90-87-I15 Public hearing and final reading of an Ordinance amending Chapter 4, Zoning and Subdivision Regulations [o remove references [o Advisory Planning Board and Roard of Adjustment and insert in [heir place Community Development Board CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .... it--~- ii ii ~L__JI ~~~i- AGENDA CTTY OF ATI.ANTTC r,Cncu March 9, 1987 Call to order Invocation and pledge [o [he flag 1. Approval of Che minutes of [he regular meeting of February 23, 1987 2. Recognition of visitors 3. Public hearing on proposed special assessment project for public ~. improvements in Section N for the purpose of receiving input as to [he prop rlety and advisability of undertaking such project, dis- cussions of the cost [hereof, and manner of payment therefor, and on [he amount thereof [o be assessed against each property so improved. ' 4. Appearances: A, Mr. Donald Nolfson Co present a proposal in connection with ' rezoning in the north Seminole Beach area S. Action by [he City Commission on a proposal for engineering ser- vices in connection with evaluation and study of water treatment plants No. 1 and No. 2 in an amount of $5,950.00 ', 6. Ac[Son on Exceptions: A. Public hearing on an application for exception by Filliam and Thomas Horton, owners of Ragtime Restaurant for [he purpose of upgrading their currently held beer and wine beverage use to allow [he sale of distilled spirits and [o anorove expansion to an additional fifty seats 7, Ac[lon on Ordinances: A. Ordinance No. 90-87-I18 Introduction and firs[ reading of an Ordinance amending Chapter 24, Article III, Division 3, Section 24-63 to provide chat appl icac ions for exceptions presented to the Community Development Board will require a public hearing, and setting a public hearing for March 23, 1987 B. Ordinance No. 25-87-20 Introduction and first reading of an Ordinance amending Chapter 8 to provide amendments required by the Federal Flood Insurance Program and setting a public hearing for March 23, 1987 C. Ordinance No. 90-87-1I5 ~ Public hearing and Einal reading of an Ordinance amending Chapter 4, Zoning and Subdivision Regu lotions [o remove references [o Advisory Planning Board and Board of Adjustment and insert in [heir place Community Development Board Section 2. This Ordinance shall take effect upon its adoption. Passed by [he Ci[y Commission on firs[ Passed by the Ci[y Commission on sewnd b final William S. Rowell, Mayor, Presiding Officer Approved as to Eo[m and correctness: Claude L. Mullis, City A[[orney (SEAL) ATTEST: Adelaide R. 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open-wppee}--eM-iw-can€org€Er-+.iEh-~rev#s#eas-o4--Eh#s d#v#s#en ;-±eversr-err-~E€Tee--~.err'r.=br-peitiy;-~-~Y eed#€y-rhe-xder~ ceeret-,-dea~i4iu+rbr-deEere#netsen be#ng-eppee}ed ;-er~t o-Eheb-end-she}}-have-Ehe-peters-Ee d}reef-the-#ssnenee-e€-Ehe-neeessery-pets#Es }'.'+. Section 24-48. Planning Agency The Adv}sexy-Pdenn}eg-~uerd Communi[v Development B d, as estab- lished b)• the City Commission Hader-Ehe-6#Ey-6herEer, shall serve as [he planning agency and shall have the following duties and responsibil- ities: (l) To review [hose matters referred to [he planning agency and to hold regularly scheduled meetings for the purpose of reviewing such documents; (2) To review site plans for all proposed subdivision development redevelopment, including planned unit developments, in [iie C icy; (3) To [ran smi[ to [he proper governmental bodies, agencies or departments [he written recommenda[ipn of the planning agency, where the recommendations are called for by [his chapter; (4) To provide for internal procedures, with Che assls[ance of [he administrative official, required [o carry out Che intent of this article. Such procedures shall include deadlines for filing applications prior eo regularly scheduled meetings ro allow time for adequate review and the preparation of a written repot[ and recoma:enda[ion of each application. ~ec[ion 24-49. Board-e€-AdjnsEeertE Community Development Board. The Beard-a€-AdjnsEmenE Community Development Board, as-esEeb}}shed by-{}te-{,#{y.--6herrer, shall be appointed by [he City Commission. The organization and procedures under which [his board operates, its ar- rangement of meetings, adoption of rules and its method of handling appeals, variances or other related matters shall be in conformity rich the provisions of Ehe-6harter ChaD[er 14 of this Ordinance Cod . f }~--Peter-or!d--BeE#es:___•}~_ 13•oe{~-a#-~.jw.it~enE-9ha}i-itevr-Ehe €e}}ar}ng-dnE#es-end-pererse er___€e-fixer-~r~1.it :~.:r-eppeaEs-where-i{-~y~}~_EMere-#s en-attar--rr-any-order-.--re9niteaenE.--doe{s#en-or-deEer- m#neE}en--made--bY--Ehe-odui.r #~ir.nE'.~c_o{f~.-.~_i.r-EMe en€areestenE-a€-Eh}s-chapter; bs___{e-av[i,.,rzrc,-~Pert-epPee } _;~yQeCY{-ir+_~eses,--sneit-veri- enees--#coat-Ehe-_reran-of--Eh#s-thepeer-es-Sri}}_oe~ _be cent rery-ta-Ehe•-peb} #e-#rtteres{_rherr,_.e.~}rtg_re-spec#e} eend#t#erte ;-g-}#E.era}-~nfx<eeenE_is€_Ehe-prov#y#ons--e€ Eh4s-tiytepler-rSii--rex}E-i~r-nnneeessery-fiardslHpr__in order-{o-ontir r#ec.¢n•,--vnr#enee-{tq~_Ehe_{e{ins_q¢-Eh}s ehepEer;-lhe-Bee[d-ef-AdjnsEmenE-~ensf-##nd-thaEr #.---Epee#e}-eend#E#arts-end-a}rennsrenees-ex}sE-rh#eh-ere peen}#er-Ee-Ehe-}end;-atrneEare-er-bn#}d}ng-#nve}ved z- F' ORDINANCE N0, y0-87-117 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, SECTION 24-17, TO RE-DEFINE PLANNING AGENCY" AND VARIANCE TO ELIMINATE REFERENCE TO THE ADVISORY PLANNING BOARD AND BOARD OF ADJUSTMENT; AMENDING SECTION 24-47, SUBPARAGRAPH 6 AND 10 TO REPLACE THE BOARD OF ADJUSTMENT WITH THE COM.UNITY DEVELOPMENT BOARD; AMENDING SECTION 24-48 TO PROVIDE THE COMMU- NITY DEVELOPMENT BOARD AS THE LOCAL PLANS INC AGENCY; AMENDING SECTION 24-49 TO REPEAL THE PROVISIONS HAVING TO DO WITH THE BOAP17 OF ADJUSTMENT AND SETTING FORTH THE POWERS AND DUTIES OF THE COMMUNITY DEVELOPMENT BOARD AS PROVIDED FOR IN CHAPTER 14 OF THE CODE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED by the Ci[y Comaission of the Ci[y of Atlantic Beach, Florida, as follows: Section 1. Chapter 24, Sections 24-17, 24-47, 24-48 and 24-49 are hereby amended [o read as follows: CHAPTER 24 ZONING eV:D SUBDIVISION REGULATIONS Section 24-27. Definitions Planning Agency shall mean the Adr#seay-~d~tnri~-Beard Community Development Board, or an~• other agency designated by [he City, [h rough Ordinance, to prepare and monitor the comprehensive plan and implement- ing Ordinances. Variance. Any modification of the zoning Ordinance regulations must be authorized by [he Beerd--oe--Adje»finertf Community Development Board and must meet the criteria as stated in this chapter. A variance may be authorized only for height, area, size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall no[ be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in [he zoning dis- trict or in adjoining district. Section 24-47. The Administrative Official (b) To conduct necessary field inspections required to adequately advise the planning agency, the City Covm~ission and the Beard e€-AdjnsEmenE Community Development Board on zoning matters; (10) To mail notices of zoninK requests [o be considered at Che regularly scheduled meetings of the planning agency of [he Beard-e€-sMjvst~ent Community Development Board to respective members at leas[ seven (7) days prior co the meecing dace to alloy members ample time co review the requests; 2 s ~; BUDC•LT ADJ USI tIh:NI R/A NU`18ER:.86-09 FUND: General Fund - OI USE SEPARATE FORKS FOR EACIi FUND Mf0UNT5 NUST BE IN WHOLE DOLLARS Date: September B,_ 1986 INITIATED BY Richard C. Fel loos DATE: September B, 1986 COIRII SSION ACC ION REQU lRED: Yes _ DATE RECEIVED: September 6, 1986 E7IPLANATION• To budge[ funds necessary for payment of legal services associated vi[h the Florida Nun is ipal Loan rere ived by the City _ ~- S RESOLUTION N0. 86-i8 A RESOLUTION TRANSFERRING CERTAIN MONIES BETNEEN FUNDS WHEREAS, [he City Charter of [he CI[y of Atlantic Beach requires [ha[ [he City Commission approve all budgetary increases and transfers from one fund [o anoNier, and N}iEREAS, [he nature of budgetary systems and [hose day to day decisions affecting such budgetary systems requite adj us[ment from time [o time, NON, TNEREFORE, BE IT RESOLVGD by tl~e City Coa®ission of the City of A[lan[it Beach, that the attached Budge[ Adjustment No 86-09 be approved for [he 1985-1966 budget. Adopted by the City Commission, September 8, 1986 * • * k k * f i 1 William S. klovell, Mayor, Presiding Officer Approved as to Form~aynd~Correctness: de L. Mullis, City A~TIIrney ATTEST: ~ /~ Adelaide R. Tucker, City Clerk Passed by [he Ci[y Commission on Eirs[ reading Passed by the Cicy Commission on second b final reading William S. Howell, Mayor, Presiding Officer Approved as co form and correctness: Claude L. Mullis, City Attorney ATTEST: Adelaide R. Tucker, Ci[y Clerk Section 8-7 Requirements applicable to HFN and CFN districts. (6) Use f p 1 gs i enclosures below a structure's lowest floor. Section 2. This Ordinance shall Cake effect as Azov ided by law. • ~ • • • ~ it • t ~ ORDINANCE No. 25-87-20 AN ORDINANCE AMENDING THE ORIIIN MtENDINCE OCtIAPTER IBY OF ATLANTIC BEACN, FLORIDA; SECTION 8-1, DEFINITIONS; TO ADD A DEFINITION FOR LOWEST FLOOR; MEAN SEA LEVEL; START OF CONSTRUCTION; VIOLATIONS; AND WATEK SURFACE ELEVATION; AMENDING SECTION 8-7 TO ADU SUBPARAGRAPH 6 TO PROVIDE USE OF OPENINGS IN ENCLOSURES BELOW A STRUCTURE'S LOWEST FLOOR; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION of the Ci[y of A[lan[ic Beach, Florida, as Eollovs: Section 1. Chapter 8, Sec[LOn B-1 and 8-7 are hereby amended [o include amendments to Che federal flood regulations of the Federal Emergency Management Agency and said amendments shall read as Eollovs: CNAP'fER 8 FL000 HAZARD DISTRICTS Section E-1. Definitions: er-by-a-ew:tE~€-reeefd-en after appl is a[lonp-en-eroC#ee to the off Ster from whom the appeal is taken and on due cause shown. b. Hearings of Appeals. The Beerd-of--Adjvste'en[ Commun t[y Development Board shall fix a reasonable time for [he hearing of [he appeal, give public notice [hereof, as woll nv Juc uotlcc to the pn rt lcs In Lricrest, :uul Jec1Jc the same within a reasonable [Sme. Upon the hearing, any party may appear in person, by agent or by attorney. 3. Appeals of Decisions of [he Beerd-~sF-AdjesEmertf Comoun i~ Uevelopmen[ Board. Any person or persons, jointly or several- ly, aggrieved by any derision of the Beard--a€-~jusEment Community Development Board or any taxpayer, or any officer, department, board or bureau of the City Commission, may present to e-eeurE-of--recwrd the Clty Commission a petition, duly verified, setting forth that such-decision is illegal, in whole or in part, spec Sfying [he grounds of [he illegality. The petition shall be presented to the eanrE Commission within thirty (30) days after the filing of the decision in [he office of the board. 4. In exercising Che powers granted by this ehepEer section, the Beerd--a€--AdjnsEmenE Commun i[y Development Board, by [he concurring vote of [he majority of members, may reverse or affirm, wholly or partly, or modify [he order, r_quf rement, decision or de [erminat ion appealed from, and may make such order, requirement, decision or det ermina[ion as st:ould be made, and to that end shall have all the power of the official from whom [he appeal is taken. Rulings and dedsions of the Beerd-of--A&jusEeertt Comounity Development Board shall become effective [en (10) days after the date of such ruling or decision. Section 2. This Ordinance shall take effect upon its adoption. * * :i * * * * * * * * k Approved by the City Commission on firs[ reading February 23, 1987 Approved by [he Ci[y Commission on second b f nal reading March 9,'1987 Wi am Howell, Mayor, P eliding Officer Approved as to form and correctness: and i. Mullis, Ci y A co ey ~~~~~~~ Adelaide R. rIucker, City Clerk ~':. ~ I•~.. ... ... ~. ~ .. . _ r ~ ,:; _ ,:_a a :. ~ ;! Yf ,~.L.7mLC Ge.o., F._: J.. ]9~ i ~~/ -~~~ ~~~ Cih(Clerk -_~: _.. In granting any variance, the Begird-e€-AdjnsEmenE Commu- nity Development Board may prescribe appropriate Con- ditions and safeguards in conformity with [his division and any ordinance enacted under its authority. Violation of the conditions and safeguards, when made a par[ of [be Germs under which the variance is granted, shall 6e deemed a viola[Lon of Chis chapter. Under no circumstances, except as perm it ced above, shall [he Beerd-e€-AdjnsEmenE Community Development eoard gran[ a variance [o permit a use no[ generally permitted or permitted by exception in the zoning district iovolved or any use expressly or by impl ica[ion prohibited by the terms of this chapter in [he zoning district. No noncon- firming use of neighborhood lands, structures or build- ings in [he same zoning district and no permitted use of lands, structures or buildings in ocher zoning districts shall be considered grounds for authorization of a variance. e. In exercising its powers, the Bsgird-e€-AdjnsEmenE Commu- nity Development Board may, upon appeal and in conformity with provisions of [his division, reverse or affirm, wholly or partly, or may modify the order, requirement, Bevis ion or determination being appealed, and to [hat end shall have the powers co direct the issuance of the necessary pe rmi [. 2. Appeals of Administrative Actions. Appeals to the Beerd-# AdjnsEmenE Community Development Board may be taken by any person aggrieved or by any officer, board or department of [he city affected by any decision of Che adminis [ra[ive official under this article. Such appeal shall be taken wihSn thirty (30) days of ter rendition of the order, requirement, decision or determination appealed from by filing with the officer from whom the appeal is taken and with the Beerd-of--Adjsstment Community Development Board a notice of appeal specifying [he grounds thereof. The appeal shall 6e in the form prescribed 6y [he rules of the board. The administrative official shall, upon notification of [he filing of the appeal, transmit [o the Beard--a€-Adjustment Community Development Bcard, all [he documents, plans, papers or ocher materials constituting .[he record upon whicl~ the action appealed from vas taken. Slay of work. An appeal to the Beerd-vE-AdjnsEment Community Development Board stays all work on the prem- ises and all proceedings in furtherance of the ac[Lon appealed from, unless the adminis[rat ive official shall certify [o [he Beerd-ef-#djust~en[ Community Developmeny Board [ha[, by reason of facts stated in the certifi- cate, a stay would cause imminent peril [o life or property. In such case, proceedings or work shall no[ be stayed except by a restraining order, which may be granted by the Begird-e€-AdjnsEnenE Community Development Hoard Section 24-48. Planning Agency 'f he Adv#sery-P}enn#ng-Beard Community Development Board, as estab- lished by the Ci[y Commission nndet-Ehe-6#Ey-6hetEet, shall se[ve as the planning agency and shall have [he following duties and respons16i1- lties: (1) To review those matters referred [o [he planning agency and to hold regularly scheduled meetings for the purpose of reviewing such documents; (2) To review site plans for all proposed subdivision development redevelopment, including planned unit developments, in the City; (3) To transmit to the proper governmental bodies, agencies or departments the vri tten recommendation of the planning agency, where [he recommendations are called for by [his chapter; (4) To provide for internal procedures, ri[h [he assistance of the administ ra[ive official, required [o carry out [he intent of [his article. Such procedures shall include deadlines for filing applications prior to regularly scheduled meetings [o alloy time for adequate review end the preparation of a written report and recommendation of each application. Section 24-49. Beetd-a€-AdjrsEmenE Community Development Board The Beetd-a€-AdjnstmenE Common i[y Deve lopmen[ Board, es-esEeb}}shed by-t}ee-f€Ey-6herte~t; shall be appointed by the CS[y Commission. The organization and procedures under which [his board operates, its ar- rangement of meetings, adoption of rules and 1[s method of handling appeals, variances or other related matters sball be in conformity with the provisions of €be-6het€et Chapter 14 of [his Ordinance Code. (1) Power and Duties. ~Me--BOetd--a€--A4jvsEmenE--s1re}~-pave--twee €e}}er}ng-deHies-at,dporets: The Coawuni[y Development Board may: a. Fe Near and decide appeals where it is alleged [here is an error in any order, requirement, decision or deter- mination made by [he administrative official in ~[he enforcement of [his chapter; b. 'fe Au[tiorize, upon appeal in specific cases, and upon findings of fact, such minor variances from the terms of this chapter as will no[ be cor.[rary to [he public interest where, owing Co special conditions, a literal enforc amen[ of the provisions of this chapter will result in unnecessary lie rdship. In order [o authorize any variance from Che terms of [his chapter, the Beetd-of AdjnsEmene Community Development Board must find that: I. Special conditions and circumstances exist vh ith are peculiar [o [he land, s[rvctu re or building involved and which are not applicable [o other lands, struc- tures or buildings in chat same district. Ei ORUINANCE NO. 90-87-117 AN ORDINANCE AMENDING THE ORDINANCE CODE OF TNF. CITY OF ATLANTIC HEACH, FLORIDA; AMENDING CHAPTER 24, SECTION 24-17, TO RE-DEFINE PLANNING AGENCY AND VARIANCE TO ELIMItUTE REFERENCE TO THE AllVISORY PLANNING BOARD ANU BOARD OF ADJUSTMENT; AMENDI NC SECTION 24-47, SUBPARAGRAPH 6 AND 10 TO REPLACE THE HOARD OF ADJUSTMENT KITH THE COMMUNITY DEVELOPMENT BOARD; AMENDING SECTION 24-48 TO PROVIDE THE COl4R1- NITY DEVELOPMENT BOARD AS THE LOCAL PLANNING AGENCY; td1ENDINC SECTION 24-49 TO REPEAL THE PROVISIONS HAV INC TO DO NI71{ THE BOARD OF ADJUSTMENT AND S-cTTING FORTN THE POKERS AND DUTIES OF THE COMMUNITY DEVELOPMENT BOARD AS PROVIDED FOR IN CHAPTER 14 OF THE CODE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED b} the City Commission of the Ci[y of Atlantic Beach, Florida, as follows: Section 1. Chapter 24, Sec [ions 24-17, 24-47, 2r-48 and 24-49 are hereby amended [o read as follows: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS Section 24-17. Def ini[IOns Planning Agency shall mean [he Adv€sety-;Y-enrt#ng-gestd Can®unity Development Board, or any other agency designated by [he Ci[y, through Ordinance, [o prepare and monitor Che comprehensive plan and implement- ing Ordinances. Variance. Any modification of the zoning Ordinance regulations must be authorized by [he Baetd-of--AdjestereeE Conwuni[y Development Board and must meet [he criteria as stated in [his chapter. A variance may be authorized only for height, area, size of structure or size of yards and open spaces. Establishment or expansion of a use oche rvise prohibl[ed shall not be allowed by a variance, nor shall a variance be granted because of [he presence of nonconformi[ies fn [he zoning dis- trict or in adjoining district. Section 24-47. The Administrative Official (b) To conduct necessary field inspections required to adequately advise Ehe-gleenietg-agency, [he Ci[y Coowfssion and [he Beard e€-AdjeetmenE Can®unity Development Board on zoning matters; (10) To mail notices of zoning requests to be considered at the regularly scheduled meetings of [he P}enn€n6-~itey-et__~ Beetd-af-i~dj.rst~ennt Communt[y Development Board [o respec [ive members a[ least seven (7) days prior to the meeting dace [o allow members ample Cime [o review [he requests; ,~~v..-> N, ~ -" Passed by the Ci[y Commission on firs[ readine December 8 1986 __ Passed by the Ci[y Commission on second and final reading January 26, 1987 p,~~~ William S. Mowell, Mayor, Presiding Officer Approved as Co Form and Correctness: lau a L.~Mullls ~ty Atto (SEAL) ` ; ATTEST: - ~ /~ /J / ~? ~oi /( ,L -r~tO~c Adelaide R. Tucker, Cicy Clerk -~~- . _ ~` ' Any person or persons, jointly or separately, aggrieved by any decis Lon of the City Commission rendered as a result of an appeal filed in accordance with [he provis tens of Section 14-24 herein may present to a court of record a petition, duly verified, setting forth [hat such decision 1s illegal in whole or in part, and specifying [he grounds of the illegality. Such petition shall be presented to the court within thirty (JO) days after [he filing of the decision of the Ci[y Commission. Section 14-26 Cos[ Costs shall no[ be allowed against the CS[y Commission unless L[ shall appear [o the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. Section 14-27 Enforcement of Ordinance or regulatlgns; Penalties for violation. - The Ci[y Commission may provide by Ordinance for Che enforcement of this chapter and of any Ordinance and regulation made thereunder, and may provide for tl~e pun ishmen[ of any vio lotion therein by fine or imprisonment or both, and also may provide civil penalties for said violation. Section 14-28 Legal Proceedings ' ~~ Legal proceedings may be instituted in addition [o other remedies provided for violation of this chapter. In case any building or structure if erected, constructed, teron- s[ruc[ed, altered, repaired, converted, or main[a ired, or any building, structure, land, or water is used in violation of this chapter or of any Ordinance or other regulation made under authority conferred herein, the proper local authorities of [he Ci[y Commission, in addition [o other xemed ies, may institute appropriate action or proceedings [o prevent such unlawful erectign, construction, retons[ruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, [o prevent the occupancy of said building, structure, land or water, or [o prevent any illegal act, conduct, business, or use Sn or about ea di Premiscx. Section 7. '[his Ordinance shall cake effect February 1, 1987. • • • + x :e ~ ~ • a • • x ~. Section 14-21. Certif ica[ion of Board Actions [o [he Ci[y Manager All plans or recommendations of the Community Development Board, in order to be accorded official cognizance by [he City Commission, must be certified to [he City Commission through [Le office of the City !tanager by the chairman of the Community Development Board as the official ac[ of the board, duly passed by a majority vote of [he hoard as distin- guished from [he personal views or desires of any single member or group of members of the board. Such certification shall be attested to by [he appropriate administrative official. This provision is no[ intended as prohibiting the board from submitting al[e rna[e plans or recommendations or of submitting minority plans or recommendations in certain cases when so approved by a majority voce of the board to be also certified [o the City Commission for consideration. Section t4-22. Local Planning Agency. The Communi [y Development Board is hereby -designated as [he Local Planning Agency and [he Local Land Development Regulation Con¢oission as set forth in Part 2 of Chapter 163.3164, Florida Statutes as from [ime~ [o time amended. Section 14-23. Proceedings of [he Board Four (4) members of the Community Development Board shall consti- tute a quorum but a less number may adjourn from Cime Co time until a quorum is present. The board shall adopt rules as may be required for [he proper conduct of its business. Meetings of [iie board shall be held a[ [he tall of [he chairman and a[ such times as [he board may de[e rmine. Such chairman, or in his absence, [he acting chairman, may administer oaths and compel [he attendance of witnesses. All meetings of the board shall be open Co the public. The board shall keep minutes of [he proceedings, shoving [he vote of each member upon each question, or, Sf absent oz failing [o vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in [tie office of the hoard and s1~a 11 become a public record. Section 14-24. Appeals Appeals from decisions of [he Community Development Board may be taken by any person or persons, jointly or separately, or any [ax-payer or any officer of the City. Such appeals shall be taken within thirty (30) days after [lie decision of the board on which [tie appeal is based. The appeal shall be filed with the Community Development Director on behalf of [he Community Devel opmen[ Board and with [he City Manager for forward ing to [he City Commission. The appeal shall state the grounds [hereof and relief sough[. Section 14-25. Petition may be presented [o court of record within thirty (30) days after filing of decision of Ci[y Commission, setting forth illegality. C t- G ". i tom' 6. Submit annually [o the City Manager, no[ less tben one hundred and twenty (120) days prior to [he beginning of [he budget year, a list of recommended capital improvements which £n Che opinion of [he board, are necessary or desirable to be con- structed. The list shall be arranged in order of preference, with recoamenda[ions as Co which project shall be constructed in which year, and shall include sources of revenue; Promote public interest in and understanding of [he planning, zoning and beautification of the Ci[y; 8. Meet on a regularly scheduled day each month, and periodically on call, and keep a public record of all its meetings, resolu- tions, findings and determinations; 9. Require information from other departments of ChG City govern- ment in relation to its work, which information shall be furnished to [hem within a reasonable time; I0. Request additional assistance For special survey work of the C icy Manager, who may, at his discretion, assign to the board members of the staff of any adman istrative department or direct such department to make a special study requested by [he board; 11. Recommend to the Ci[y Commission plans for [he planning replanning, improvement or redevelopment of the City; l2. Recoomiend [o the Ci[y Commission plans for [he replanning, reconstruction, or redevelopment of any area or district wbich may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or other disaster; 13. Request the Ci[y Manager to provide for [he employment of sufficient personnel co enable [he board to carry out its powers, duties, and responsibilities; 14. To act as a zoning board and [o make recommends [ions to [he City Commission on zoning applications and applications foi exceptions filed in accordance with the land development regulations of [he Comprehensive Zoning Cade of the Ci[y of Atlantic Beach, Florida; I5. To ac[ as an appeals board or board of adj ust..en[ to authorize upon findings of Fact minor variances from the terms of Chapter 24, the Comprehensive Zoning Ordinance of the City of Atlantic Beach, as will not be contrary [o the public interest and, where owing [o special conditions, no[ self imposed or self created, literal enforcement of the provisions of said Chapter 24 would result in unnecessary hardship. s Section 14-17. Composition: Qualifications of members; Officers L The Community Ueve lop men[ Board shall consist of seven (7) members appointed by Che City Commission, none of whom shall hold any other public office or position in [he City, all of whom shall be bonaf lde residents of the City, and where practical, each shall possess some special skill or knowledge which would assist [hem in [he discharge of [heir responsibilities under Chis Ordinance. The Commun i[y Development Board shall elect its chairman and vice cbairman from among the appoint- ed members. The Community Development Director shall ac[ as secretazy [o [he board under the direction of the City rianager. Section 14-18. Terms of office of members; FS M ing of vacancies Initial appointments to the Community Development Board shall be as fol lows: Two members for one year, two members for mo years, two members for three years, and one member for four years. Fallowing [he initial appointments, [he term of the appointed members of [he Community Development Board shall be for four (4) years; except, [ha[ the first members appointed shall serve staggered terms as provided. All terms- shall expire on December 31 of tl~e proper year. Any vacancy during the unexpired [e rm of an appointed member shall be filled by [he Ci[y Commission for [he remainder of the term. Section 14-19. P.emoval of members Any member oC the Gommunlty Uevelopmen[ Board may be removed for - cause by N-~e Ci[y Commission upon written charges and after public hearing. Section 14-20. Powers and duties The Community Development Board shall have the power, duty, respon- sibility, and authority to: 1. Plake recommendations to the City Commission for the physical, fiscal, and esthetic development of the City; 2. Exercise supervisory control over planning and land use within the C£[y, following the standards established by the City Commission pert ain ing Co such planning oz land use regulation as contained in the Ordinance Code of the City of Atlantic Beach, Florida. 3. Recommend to the Ciry Commission proposed changes in [he land use regulation map of [he City; 1 4. Recommend [o the City Commission proposed changes in [he land use regulations of the Code; 1 5. Submit to the Ci[y Coom,ission [heir recoaonenda[fons covering all applications for d~anges in [he provisf ons of the land use ~`.• regulations of the Ci[y referred [o [hem by the Ci[y Coomis- sion; i 3 ORDINANCE NU. 47-86-3 AN ORDINANCE AMEND INC THE ORDINANCE CODE OF THE CITY OF ATLANTIC §~CH, FLORIDA; REPEALING IN ITS ENTIRE- TY ARTICLE 'R~ SECTIONS 132 THROUGH SECTION 147; REPEALING IN ITS ENTIRETY CHAPTER 14, SECTIONS 14-1 TfIRDDGH 14-22; CREATING A NEW CfIAPTER l4 TO BE TITLED PLANNING/ZONING/APPEALS; PROVIDING RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE '. 8E IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida: Section 1. Article %V, and Chapter 14 of [he Code of Ordinances of [he CSty of Atlantic Beach, Florida aze hereby tepee led in their entirety. Section 2. A nev Chapter 14 is hereby created and said Chnp[er 14 shn 11 rcaJ as LolloWS: CHAPTER 14 PLANNING/ZONING/APPEALS ARTICLE I. PLANNING -~ Section 14-1. Comprehensive Plan. (a) The Comprehensive plan of the City of Atlantic Beach, entitled "City of Atlantic Beach Comprehensive Plan", Ss incorporated tie rein by reference, including [he Comprehensive Plan Land Use Element Map, Which is an integral part of the plan, is hereby adopted for the area of jurisdic [ion of the Ci[y pursuant to the Lotal Government Comprehensive Planning Act of 1975, and the Crov[h Hanagemen[ Ac[ of 1986. (b) Not less Chan one (1) copy of the Comprehensive Plan, and any subsequent amendments [hereto, shall 6e maintained for public inspection in [he office of the Ci[y Clerk, and not less than one (1) additional copy each and any subsequent amendments j thereto, shall be maintained for public inspection in the ' office of the CS[y Manager and [he office of [he Community Development Director. Section 14-2 to 14-15. Reserved. AP.TICLE II. COMMUNITY DEVELOPNENT BOARD Section 14-16. Created ihere is i~ereby created a Commun i[y Development Board. ~_ __. _ January 2E, 1587 lPU, the undersiynod people, would like the council of Atlantic Leach to know that we are conrerned with the current par;:iny shortage in the Atlantic Beach area known as Ii I'LA171'1C ! \t]D SNG. 1!a~;timc, as stated by llill :aorton, Mould like to e::pand to Bent !. 5'? ;^•_•cnlc to meet the State Rcquirencut for a liyuer license. ':o orpm+l to 150 seats o:ould require 75 parlijng spaces to be ded.ics fed to ti,a establishment. The Atlantic Landing si;cppiny area has only 9II spaces for all the merchants. Bill hac stated (-iiey I+av^ arpro:timately 36 spaces, which is 13 s;:ort c.` ii;cir currcr.~ need. To allow another parkiny variance ~so!•1C c. _. __ a '1 ~_ __ .,•:~staye +d+ich will effect everyone in Ci:c. i+~`__. _-_ :,....ctin; ~.=a, :pc-r~.ll), the customers. ,. ~/ ,`. ~. -_; I' /il .~.~ .j` P IJ: J -; ::,,~-.. Gz,~.s~9o ,~ cr ~ ~'~ f f r _~~ ~f !r/ ~~J(..--~ any special privilege [hat is denied by [his ci~apter [o other lands, buildi.-.gs or structures in [he same zoning district." A. The applicant is requesting expansion as a direct result of his action - they're successful and need more space. B. To grant [he variance will give the appllc an[ a special privilege - valuer of parking requirements for restaurants and bars in CG zoning. 4. In 1985 [he Boatd of Adjustments granted a variance [o Ragtime for expansion - varying [he setback of their building from 20 feet to 8!1 fee[ in the rear which alloved [he expansion. They also varied the parking requirements to accommodate the expansion subjett to certain conditions (see Board of Adjustment Minuces 4-IS-BS)(I) Sufficient lighting in the rear, (2) Eaeterly parking spaces [o be marked for parallel parking rather than angle parking, (3) Mr. Morton guide his customers to the off-scree[ parking (4) the Police Department be consulted to determine the proper parking in [hat area. According to 24-49(1)c. "h granting any variance [Le Board of Adjust- ment may prescribe appropriate conditions and safeguards in conformity with Ch1s dlVlsion and an}• Ordinance enacted under iCa authority. Violation of [ire conditions and safeguards, vl~en made a par[ of the terms under which Che variance is granted, shall be deemed a violation of this chapter." While I do not recognize [he power of [he board [o gran[ parking vari- ances, I do recognize the fact [bat Ragtime i~as teen "alloved" [o operate and expand under these variances - but I submit, they have not met [he condi[i ons of (i) and (3) above (I don'[ have information on (4)), and therefore are in "violation" as stated in 24-49(1)c. As [o the recommendation for approval w alloy Ragtime Tavern [o expand [heir current beer and wine license [o include on premise consumption of liquor, the request becomes moo[ subject [o the outcome of [his appeal. In any event, I feel the board has noc properly considered the guide- lines for such a request and would hope they reconsider this request in light of [he Ordinances governing the request and actions taken since 1983 on similar requests. Respec tfull}• .' ,~) ~-~~ ~ 1,6~b ,~,< John Morris r... - P E T I T I O N Dale: March 13, 1987 To: The CS[y Commission City of Atlantic Beach, Florida From: John Morris, Commissioner Subject: PETITION TO APPEAL DECISION OF THE COPARINITY DEVELOPMENT BOARD SEEKING REVERSAL OF THE VARIANCE GRANTED F'OR OFF-STREET PARKING The Honorable Members of [he Ci[y Commission: Pursuant [o Chapter 24, Section 24-49 as amended in Ord lnante No. 90-87-117, I formally petition [he Commission [o appeal the decision of Che Community Development Board in an action taken February 17, 1987, which "approved an application for variance of the parking requirements at Ragtime Tavern a[ Atlantic and Ocean Boulevards which would permit expansion into the adjacent unit and an additional 50 seats." (See 2-18-87 memorandum from the Community Development Board Co [he Commis- sion) . This pe[Lt ion to appeal is based in par[ on [he grounds [ha[ [he deci- sion is illegal for the following reasons: 1. Section 24-I7 Variance "A variance may be authorized only for height, area, size of structure nr size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be alloyed by variance nor shall a variance be granted because of the p[esence of nonconformit ies in [he zoning district or in adj ooning district." A. Action taken for variance of arkin is no[ alloyed under [he definition of variance (See definitions Section 24-17). B. Expansion of a use ottiervise prohibited shall not be alloyed by variance. Parking requirements (for restaurants) are in Section 24-161(15). 2. Section 24-49 b. "Authorize, upon approval in specific cases,~and upon findings of fact, suct~ minor variances from the terms of this chapter as will not be contrary to [he public interest... ... etc." .~ A. A minor variance is hardly a 33x increase in sealing. A minor variance for parking Ss hardly a 41 space shortage when the I50 seat requirement is for 75 parking spaces. 3. Section 24-49 b. ... ...In order [o authorize any variance from i [he terms of this'chapter, the Community Development Board must find [hat: (Section 24-49 6.2.) "the special conditions and circum- stances do net result from [he actions o£ the applican [," (Section 24-49 6.3) "Granting [he variance will no[ confer on the applicant any special privilege that is denied by this chapter [o other lands, buildings or structures in [he same zoning district." A. The applicant is requesting expansion as a direct result of ids action - they're successful and need more space. B. To gran[ the variance will give the applicant a special privilege - waiver of parking requirements for restaurants and bars in CC zoning. 4. In 1985 the Board of Adjustments granted a variance to Ragtime for expansion - varying tine setback of [heir building from 20 feet to 8'~ feet in [he rear which allowed the expansion. They also varied [he parking requirements Co accommodate [he expansion subject [o certain conditions (see Board of Adjustment Minutes 4-1R-BS)(1) Sufficient lighting in [he rear, (2) Easterly parking spaces [o be marked for parallel parking rather Chan angle packing, (3) Mr. Morton guide his customers to [he off-street parking (4) [he Police Department be consulted [o determine [he proper parking in [hat area. According to 24-49(1)c. "In granting any variance [he Board of Adjust- ment may prescribe appropriate conditions and safeguards in conformity with this division and any Ordinance enacted under its authority. Violation of [he conditions and safe rds, when made a par[ of the [e nns under vh ich [he variance is gran [ed, shall be deemed a violation of [his chxp[er." While I do no[ recognize the power of the board [o grant parking vari- ances, I do recognize [he fact [ha[ Ragtime has been "allowed" [o operate and expand under Urese variances - but I submit, [Ley have no[ met [he conditions of (1) and (3) above (I don'[ have information on (4)), and therefore are in "violation" as stated in 24-49(1)c. As co [he recommendation for approval to alloy Ragtime Tavern to expand their current beer and vine license [o include on premise consumption of liquor, [he request becrnoes moo[ subject to [he outcome of [his appeal. In any event, I feel the board has not properly considered the guide- lines for such a request and would trope [hey reconsider this request in light of [he Ordinances governing the request and actions taken since 1983 on similar requests. Respectfully John Morris g. P E T I T I O N Dace: March l3, 1987 To: The Ci[y Commission City of Atlantic Beach, Florida From: John Morris, Commissioner Subject: PETITION TO APPEAL DECISION OF THE COMMUNITY DEVELOPlIENT BOARD SEEKING REVERSAL OF THE VARIANCE GRANTED FOR OFF-STREET PARKING The Honorable Hembers of [he Ci[y Commission: Pursuant [o Chapter 24, Section 24-49 as amended in Ordinance No. 90-87-117, 1 formally petition the Commission [o appeal [he decision of the Community Development Board in an action taken February 11, 1987, which "approved an application for variance of [he parking requirements at Ragtime Tavern at Atlantic and Ocean Boulevards which would permit expansion into [he adjacent unit and an adds [tonal 50 seats." (See 2-18-87 memorandum from the Community Oevelopmen[ Board to the Commis- sion). This petition to appeal is based in part on [he grounds [ha[ the deci- sion is illegal for [he following reasons: Section 24-17 Variance "A variance may be authorized only for height, area, size of s[ruc cure or size of yards and open spaces. Establishment or expansion of a use otherwise prohib iced shall not be allowed by variance nor shall a variance be granted because of Che presence of nonconfotmi[ies in the zoning district or in adjoining district." A. Action taken for variance of parking is not allowed under the definition of variance (See definitions Sec [f on 24-17). B. Expansion of a use otherwise Droliibited shall not be allowed by variance. Parking requirements (for restaurants) are in Section 24-161(15). 2. Section 24-49 b. "Authorize, upon approval in specific cases,~and upon findings of fact, sucl~ minor variances from the terms of this chapter as will not be contrary [o the public interest... ... etc." A. A minor variance is hardly a 337. increase in seating. A minor variance for parking is hardly a 41 space shortage when the I50 sea[ requirement is for 75 parking spaces. 3. Section 24-49 b. ... ...In order to authorize any variance from the terms of [his chapter, [he Community Development Board must find that: (Section 24-49 b.2.) "the special conditions and circum- stances do no[ result from [he actions of [he applicant," f5ection 24-49 6.3) "Granting the variance will not confer on the applicant ~~ ~,,.. t._ AGENDA CITY OF ATLANTIC BEACH SPECIAL HEFTING MARCH 16, 1967 Call to Order 1. Further consideration of an application for exception filed by fiilliam and Thomas Morton, owners of Ragtime Restaurant, for the purpose of upgrading Cheir currently held beer and vine beverage use [o allay the sale of distilled spirits. 2. Any other business Adjournment ~r . -- ., We have signed below to indicate our opposition to the - ~~ proposed parking variance for Ragtime Restaurant. When ~ , the first variance was granted for their expansion a - - shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service -~ bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely ~ ~~ limited. Local merchants, residents, and shoppers have ~- been significantly inconvenienced be lack of ava ileble - ~~' spaces. The owners of Ragtime are requesting a variance ~ - ~~ that would make the problem even worse. The expansion of the .. restaurant will also change the "Mix" of the establishments ~~ in Atlantic Landing, by eliminating at least one exsisting - _. retail store and one available retail space. For these ~ - ~- reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special - nature of Atlantic Landing shopping area. NAME .-' i~___r~~L .1. ~pNn XCt,t~A.c,.. ~u+r•ue ~G+~~- /~ ADDRESS i ' ,~~ _ l_ _. ~l/ 3o~ih.1. S. 3a~sa r (;,, [~ i -u,1~-.,~ ~.., ~v (v00 ~ ",~ ~. ~/lyp~fk~L/fL/322 33 • 353 'ayc+(~ Po..Qii.. Di- ~'~Q~f;c~ch 3zz3>; 35`1 15T ST.~ (~7t.. 0~d.~ F~ 3zz.} i.~ we have signed below to indicate our oyposition to the ~ -~ - - proposed parking variance for Ragtime Restaurant. when the first variance was granted 'for their expansion a shortage of thirteen parking spaces was created. If Ragtime ~ _ expands again to a 150 seat restaurant with a full service - bar, they will be 41 spaces short of what they need to ~ -~~ ~~~ accomodate their clientele. Parking is already extremely - limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available ~ ~ '. ~ . spaces. The owners of Ragtime are requesting a varience - ~- ~• that would make the problem even worse. The expansion of the ~ !~ restaurant will also change the "Mix" of the establishments ~~ in Atlantic landing, by eliminating at least one ezsisting .. retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADOFESS ~~ ~ ~ ~.= ~. ~~~:~ ~ G~1//- -\ l li D ` hTj~- ,~ o~~ . - - ~-_ -~~. << -, • ,;> 3G~ 7T'L SI rT. `', g --, ; 31zJy ~~,~C J~~ /(J • 1.•..1~~.,,. ;~ We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When - -the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodato their clientele. Parking is already extremely " limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail Store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parkiny, and maintain the special nature of Atlantic Landing e~hopping area. NAME ADDRESS //1(/u. Conne/~ ~'~u ~y ~. C ~~fi ~~ ~~~~~~ ~~ r~YKa~gS~~/,1~~~~3c1pp1. Ss~j)2FiJH (- ~ PTE [/~APq C.t.r~ $7~e ~ ~~ ;~o~- ~~i ~a~~ ~~~ ~a ~~.~~ ~~ ~~a~ ~_.~ ~~~ .- _~ ~a~ ~' M l 4~ ~~ ~~ ~~~~ do3o ~~/3ar AoF YGv~F~~vs~ S~~a 1 S~ 1'~r'' RAE P1' flP i U ~~ zoo a~,~. ~ #3 a,~.o~. 64•~ Ao~S. S~F 3~. Fv~. \ Tc 6~c,xrr i°'•~ ~ ~l70 \ /!TL rhr/T ~SCE'd c` We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. when the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. parking is already extremely limited. Local r•~.erchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of tite establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parki:ig, and maintain the special nature of Atlantic Landing shopping area. i NAME ll a ~ 1 ~.CC~t~ ~~ ;) ham` j ~ ~ l; ;Y-_ ;~ . -.,: ~ I~, ~ ,: ,t • i' ;~. ,. ~, - _~_ / 1'%'~;;~ ~~ j ) ., ~` ~ ~ ~ ~, !i ~• L/ ,. ~~ L ~/ '% ~ ,._ _~. /~t• ~~ ' j ~ . 1 ~ ~-.,~,- / t .~ ' ~i_ l~i.~7~- C~'~ ~~ ~l~ `~ { i ' ADDRESS z• -,- ~ li~J ~ ~ ; ~: Via. 3 . , ~• .. • -,~ > z •,. L - r . i_~, ~. ~(~ c% ~ , i . ,,, Jt ~ ~ . _ • ~ ~-`-~ is ~ , ~ ~~ ~~ cC~.~• ,,; 7 7 ~ ~LJ~,, ~~--, l 1. , ' ~..`. ~ ` -~-~ ,- We have signed below to ind.ca to our opposition to the ~~- proposed parking variance for Ragtime Restaurant. -When -~ the firsi variance was granted for their expansion a~-~~ ~ ~ ~~~ ---- shortage of thirteen parking spaces was crea ted :.~~.If Ragtime ~ ~ ~ , - expands again to a 150 seat restaurant with a fv1Y service ~ ' bar, they will be 41 spaces short of what they 'need to _"~ '- _ accomodate their clientele. Parking is already ~ex treinely " ~-- limited. Local merchants, residents, and shoppers have - been significantly inconvenienced be lack of available ~ ~ - spaces. The owners of Ragtime are requesting a~varience-'. - that would make the problem even worse. The expansion of the - - restaurant will also change the "Mix" of the establishments - in Atlantic Landing, by eliminating at least one exsisting ~ ' retail store and one available retail space. Forthese reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. - C7AME ADDRESS ^b~Gz- ~/~P Of~u;rt d`N"" ~~~ ~~ V~1 ,~~~`-aL"`` i~~`~ 9iY b~~veAi ~ny~•-~-< /off ~~;«s ~. 1~,*I+.~v,e,~h• ~I //1yeA SF. 1„l~*~4~He ~,( , ~g `hides t-Sf ~F~i,....e ~c~ ~~ We hava signed below to indicate our opposition ~to the - proposed parking variance for Ragtime Restaurant.. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created.-~If Ragtime expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they heed to- accomodate their clientele. Parking is already extremely limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the prcblem even worse. The expansion 'of th restaurant will also change the "Mix" of the establishmentsi in Atlantic landing, by eliminating at least one exsisting retail stOTe and one available retail Space. For these . reasons we strongly urge you to vote NO on the requisted .: variance for Ragtime parking, and maintain the special ' nature of Atlantic landing shopping area. ~~~ alu~~~~ ~--~. C~9--~:~ ~`~~~ rU 9~,.. ~~ ~~ ~ ~ L1 G NA•C/~.+ ADDRESS ~~~ -~. ,i .. .~ i~ .' . e ~3~y3 ~~~r« ~~ .J~~~ ~ 3zzS7j s~ ~r~ ~ ~~~~- ~~~,~ s ~2.~y 8*A~E S. /~9,i~,~~J~ ~ /Sbo ~~I~h D?5«~1 ~fa~ ~.,kp}h ~ ~~ 33 ~-- ~,.~ 3zz~3 ___ We have signed below to indicate our opposition-to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created.'"If Ragtimd expands again to a 150 seat restaurant with a full service ~" bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already ax tr emely - ~ -~ limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available - spaces. The owners of Ragtime are requesting a varience ~- ... that would make the problem even worse. The expansion of the .~~ restaurant will also change the "Mix" of the establishments ". in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these " reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS ~mz /1~~`-'' J'7 p'~`~ /~ ~ /OZl S~' ~9 S i JAY~'r~ / 2v~f- ~« ~~ r2o~~ ;~/L,ie~ ~;,dd.vr~ 1059 N-Air'noaG ~,~ ~~~ ~ y f.nfic%l C•. f,~r` ~~~ "- -~ /vkvtc~'~~nba.~~ X31 ~ Sl-_ ~`~~ t~nxP.- `7G,oonuS~ ~~zo May~'d" ~~. Qom. Bch. I ~f~uro ~c~~ ~?S ~~uJ~o ~~ N.~' We have signed below to indicate our opposition to the proposed, parking variance for Ragtime Restaurant.. When .._ .. _ . the first variance was granted for their expansion ~a ~•r shortage of thirteen parking spaces was created:- If Ragtime ~: - .- expands again to A 150 seat restaurant with a full service- n~. ~,~ bar, they will be 91 spaces short of what they !need rto~ !~ accomodate their clientele. Parking is already extremely ~'~I•!, ~~t; .,: limited. Local merchants, residents, and shoppers have ~ . been Significantly inconvenienced be lack of available ~..~n: `~~ spaces. The owners of Ragtime are requesting a-varience '~~- ~ • that would make the problem even worse. The expansion'of"the' Li.~~ :,. restaurant will also change the "Mix" of the establishments ~'. al in Atlantic Landing, by eliminatiny at least ohe exsisting -. _ retail store and one available retail space. For these ~~-~ ~ ~- reasons we strongly urge you to vote NO en the .requisted variance for Ragtime parking, and maintain the special ~~ - - nature of Atlantic Landing shopping area. - - .. NAME ~rw,,.t. -rr~,~,,~ ~~,~~ __ -~~~ r~~~~~~ ,,,~yI J~ l,r~~< /~~w;rt~(Jiw. 7 ~~. Za L~--~ (~ ADDRESS 3a /o~Are A/ , J4f LQauS ~JASOT iy~~ s~ S~ ~~~ ~~~~L~o~r~. Q V. S18 /3arb+r~ L~ii~ 1~ 3~a33 ~435,~ ~t~c..,r 2~. c~ (3cR i 5~ ~°,~~-~~0 ~ .!~-I~~ ~9oi N.ISi-x~ibot ~a~c~d, ~(. Aso I b 32 5T ~~ ~Oe i~ ~ JqX. F,jeN~ 1=tn ~ W - 321.Sr yo2 L ~z a,J-C S . ~ We have signed below to indicate ovr opposition to the " proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime.- expands again to a 150 shat restaurant with a full service-~ o~• bar, they will be 91 spaces short of what they need to ~ h. accomodate their clientele. Parking is already extremely" limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available . spaces. The owners of Ragtime are requesting a varience ~ ~ ~" that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one eksisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the regvisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME . ~ ~ .M s v~~~ ~ ~~ j~~rGna ~Q ~~ ~' ~~ ~~C~ ~~~ ~~ J~QtJ ~ n ~-rc~~h C~ ADDRESS 370 Cede., Lbnc, Afln,nl;a ~c~ 32o zo+-~ S.{ - tc~Paw-~~ {. 3 ~a ~ 0.A ~..-. ~~ ~~ ~~~i~ - ab ~ SST 3~ ~ 5+~' S~{' ~_ t._e, ........ . We have signed below to indicate our opposition to the - - proposed parking variance for Ragtime Restaurant. when the first variance was granted for their expansion a ~ -. ~+ _ shortage of thirteen parking spaces was created. If Ragtime° expands again to a 150 seat restaurant with a full service - ~ ~- ~, bar, they will be 41 spaces short of what they need to ~~ accomodate their clientele. Parking is already extremely ~' ~ ~ ~~ -~ ~ limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available ~ .. spaces. The owners of Ragtime are requesting a varience .. ~ ~- - that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Ia nding, by eliminating at least one exsisting . retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS Cs,cc) ~ / ~lx7.cG~e/l~ 1 ~-~ n „~ JYL~~ fa~_l ~`io J~ ~~~ ~ /~ ,l, ~' '(7 S 1LJYff-s IN1Utr $TD(t~. ~ -- ~ v~_- Z:IS M~TiJ4 r p.+l-tpM~L Ol14cH C~*Y HA+.~ - Mo~wM^/ ISM We have signed below to indicate our opposition to the ~~ ".~ proposed parking variance for Ragtime Restaurant. When ~ - the first variance was granted for their expansion a shortage of thirteen parkiny spaces was created. If Ragtime expands again to a 150 scs~et restaurant with a full service bar, they will be 91 spaces short of what they need to accomodate their clientele. Parking is already extremely _ ~ - limited. Local merchants, -esidents, and shoppers have - - ,.- been significantly inconvenienced bqy lack of available - ~ - - spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the - restaurant will also change the "Mix" of the establishments -~ .~ ~. in Atlantic Landing, by eliminating at least one exEisting ~~ ... retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted .~ variance for Ragtime parking, and maintain the special _ nature of Atlantic Landing shopping area. NANE ADDRESS ~~~ C/;~ ~' ~i~ ~lOd ~ ^G. ~ ~t~ ~ ~ ~~ L~~~~!/+~' ~~:/rte 337 /sT ~T<. /3cy ,~~v33 ~ z ~ Of`.~=~-G ,dl. QzQ~3a z33 ~ Gi~~~~'az~3 ~ ~~ 3~~ ,~; ~~ 309 9N` Sh ~' ~`'~ ~L ~ ~Ll ~ oin~ ~ 711-1 ~-~1 ,~/~~oU-E~ 3LL3 ~ January 2E, 19G7 D:c, the undersigned Feople, would like the council of Atlantic teach to know that we are concerned witl: the current par;:iny shor tags in the Atlantic Beach area known as i:'I'LP.iiTIC f e1.i 11Itw. ?;aytimc, as stated by till hforton, :~:ou ld like to expand to s•x+t !59 ;ccnlo to o.e:a the State liequirer.,cnt for a liquor iicens^. 'in c::pand to L`0 scats r;ould rcyui rc 75 par!:i i~g spaces to ie c'eciica.tad to the estat>lis}:ment. TI.e Atlantic Landing shonpiny area has only 90 spaces for all the merchants. Bill has stated they have approximately 36 spices, which is 13 s art o' their curie*:~ need. 'lo a11oc~: anoth=r parl:iny variance ::ou1C cr_r.te a "1 s, __ si:crtaye ~~:hich :vill effect everyone in Cne ,.~_-_..___ ..~nainy area, _.^,recially the custoaers. /i I./ ~J/~ /r ~ ~ / , ~~, •, ~~.~ ;~ ~~~ti:~ cf-' ~- ~:~•~ ~.~~u.cC ~~ ~_~,:~~ :~ -prf ;'~~ . .l~ ~ J. LF ~c7y-" Cxt r~i. ~, __> , _ 'z~ f .-~_ i I ~f:~-- ~„~ .~ , C~~~./ cvCj --z~2~ti ~~ 490 Sherry Drive Atlantic Beach, FL March 16, 1987 Mayor William S. Howell City Commissioners City Hall Atlantic Beach, PL 32233 Gentlemen: It has come to my attention that a special meeting is being held tonight to pass a variance allowing Ragtime Tavern to expand from the 80 seats it now has to 150 seats without the appropriate parking. Although I am not against Ragtime, it is a respectable and popular restaurant, I feel that the long term effects of that large a restaurant would not be beneficial to the residents of Atlantic Beach. The larger restaurant would enable them to serve liquor from 11:30 AM to 2:00 AM daily. Friday and Saturday nights would be complete havok. I can't see the benefit to the city this atmosphere would create. The larger 'Shocker's type" environment belongs to the more commercial areas such as Jacksonville Beach. Sincerely, ~~R~-~rLC-v1 OS. ~Ga.~v>.~ Margaret L. Morton ,~ ~! pceNOA '~ CITY OF ATLANTIC BEACH sFECIAL MEETING MARCH l6, 1987 Call co Order Further consideration of an application for exception filed by 1.'illiam and Thomas Horton, owners of Ragtime Restaurant, for [he purpose of upgrading their currently held beer and wine beverage use [a allow [he sale of distilled spirits. 2. Any other business Adj ournmen[ ,~ AFFIDAVIT STATE OF FLORIDA COUNTY OF DU VAL Before me, the undersigned, a Notary Public in and for the State of Florida, personally appeared J. W. Jacguot who being by me first duly sworn, deposes and says: 1. That he is an officer of The Development Group, Inc., a '~, Florida corpn ration serving as a general partner of Maypo rt Asso- '~~, ciates, Ltd. (the "Partnership"); I 2. That the Partnership is the owner and in possession of the i i property described on Exhibit A attached hereto and by this refer- ence incorporated herein (the "Property'); 3. That for more than ninety days prior to the date hereof no { material or labor has been furnished in connection with improve- ? ments located on the Property for which any unpaid bills exist, that there are no unpaid mechanics' or materialmen's liens affect- ing the Property, and that the improvements made on the Property have been fully paid for. 4. This affidavit is made for the purpose of evidencing to the City of Atlantic Beach, Florida that there are no unpaid i mechanics' or materialmen's liens affecting the Property. Sworn to and subscribed before me this Sul dray of February, 1987: /~G2CfCCa'R ~~~~'N"r/ Notacy Pubic; tat an County aforesaid. My Commission Expires: NOTABY Pp BLIC. STALE Of iLnN'04 V C4M NISSIOa L'. Plleq'.'. ,L:.: s. I ~a 1. BILL OP SALE KNOW ALL MEN BY THESE PRESENTS, that Mayport Associates, Ltd., a Florida limited partnership (the "Seller"), for and in consideration of the sum of Ten Dollars and other valuable con- sid eration to it in hand paid by the City of Atlantic Beach, Florida (the "Purchaser"), the receipt and sufficiency of which are hereby acknowledged, hereby sells, assigns, transfers and conveys to Purchaser all of Seller's right, title and interest in and to all equipment, materials, pipes, components and other types of personal property comprising the water and sewer system installed by Seller in that certain apartment complex known as "Lakes of Mayport" and located in the City of Atlantic Beach, Florida. Seller covenants and warrants that Seller has good right and lawful authority to sell said property. Seller agrees to indemnify and hold Purchaser harmless from any action, cause of action, claim or demand made within one (1) year from the date hereof and arising from a defect or malfunc- tion in the water and sewer system sold hereunder. Seller hereby warrants title to the property hereby conveyed and will defend the same against the lawful claims of all persons whomsoever. WITNESS our hands and seals, the a E~ day of February, 1987. Signed, sealed and delivered in the presence of: ./ ;.., !, a. MAYPORT ASSOCIATES, LTD. By: The Development Group, Inc. ey: (SEAL) Tit e / P d'S•~'' N __,~_. ^~~ EXHIBIT A ru • portlm o[ Iota 1 end 7, Dlrai loo t, MOnu Der•ea Grant, /•cuon fq tovNir rlU • portlm o! bct bn S, all Mln9 In tounanlb 2 bu U, Range ]f tut, Duval fountYY, 9lorldi. Mln9 not• part lcuLrly dfurlAW a tollwu C01DI[LC[ it [Ae buthwK vorn•r o[ uld iaeclon SI tMnca Yo[cA 01.33'31' Si af, •Tonv N• Yoe lln• o[ iwtlon S, a dLC•nw of 1)6.52 loot to tM butA ilM o! U• Mdnr Dawn crane, o[ uld tecclon )]~ Uanei touN t3•li•31• pat, •lm9 luc uld lln•, 1]]Jl b•t to Na 6ouUrut eorna[ et uid tot 1, Dlrl aim t, Mdtir Dasee Grano U•nw eontlnw iouU t5•]l'S1• iuc al nq Ni iouN line o[ uld Loc 1, a dLtanca o[ [25.0] bitl eMnw brU 11.05.00' wit, tSLU I••tI tMne• bucn n•S 1.Of• Wet, 30.10 bet ! to Ne Wet llw o! Bald tut 1, D1rL1m t, of CM~Mdnr Mwu D[inti tAUlee ^ortA 01.06'33• wet, almq lut uld line ind eM vaat llni of idd Lot 2, ~ Ohldm t, o[ tM Mdrw MwM Gunt, 311. J3 t•tt to N anvle pelOt 1s tLa ~ Wit llOe OI uld Lot 71 theoca go[tA 03.19'33• Wat, wntlndnq aloOgNe Wit llni. e[ siLd Let 7, DirLlm t, • diatinci et ))O.t3 [eetl tLenM LorU 00•]6.35' Wet, •lmq Ni Wet 11M of Lot ), Dlrl don { el tAaMdrw l1wM• Orint, 50.0 !Mp tLanee LOrN 05.1!'51• Wac, dmv Ni Wit 11M of i uid tut ], Dt41.lm t, • dlitiaw of SO ). )S bat to CM buUwiterly right o! rq ilne s[ irate Wad iv. L-1-L tacwrdlnv to L.R.D. Itignt O[ qry Wp tees loQ Yo. JI]1-]01, dazed S/t/S)lr Uenw buN 1]•22'75' tilt, dmt• uld buUwab fly rlyyAt o[ rq 1lru, 16]0.0 bee eo [ne rOIMT Dr D[G]LNINDI Nanca emclnw buN 1)•2]•13• tut, and Am9 Bald c19nt o va-[ y I n1~77T5 bKl Ueme butA @•11.75• Wit, ]U.U lute CMnw buN 02.77'75• Lut, J5~0 LMt[ CMOM bueA 67.72'73• iut, 63].27 Leett eMnw .buN 1Y 731 U• tut, na. 11 beta tMeae buN Tltl2•U• ~IeK. 9e[.TY lute Nonce gorN 15.75 tS7• ~ Wet. •,~.91 tNb IMme ROrN NrM ]4• Wat, DOO--Ib [Mel [Loom totN 7Y 51.50' tut, 750.70 bet b Ne -OZtlT O9 /LOIND IRO. i Cour~iuuq Lfi,1[O JdtfltG fob[ oR M_ee arCi .n+E of LG 19. i i r. STATE OF FLORIDA COUNTY OF DUVAL The fore oing instrument was acknowl d99ed be Eofe me, this //day of 'LLIC 1987, byi~C~a,QL~ii ./ 1d c/~ew~-tp~- of the City Of Altantic Beac , Plorid a, a mun icipa-` 1 ~orPoration, on beha'_f of the corporation. ~~~~/ State o F orr a NOTARY PUBLIC, at Large ....,._~ ~....~:. a~,.~~ of ~.... _. My Commission expires: ~.:, ..;,-an~:~. ~.;~~~, ia.,~. +~, iso (Notarial Seal) 3. Maintenance of the Easement Premises. Grantee shall maintain at the expense of Grantee any facilities, lines, equip- ment, and pipes presently located or hereafter installed in the Easement Premises. Following the performance of such maintenance or installation work by Grantee, Grantee shall promptly restore the surface of the affected portions of the Easement Premises to its pre-existing condition. 1 4. Running of Benefits and Burdens. The provisions of this Easement, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the successors and assigns, of the parties hereto. IN WITNESS WHEREOF, Grantor and Grantee have caused their duly authorized representatives to execute this Easement as of the date first written above. Signed, sealed and delivered in the presence of: %~~~ Ca d. MAYPORT ASSOCIATES, LTD. By: The D velopment Group, Inc. gy: I c Tit e n for R , "G NTOR" CITY OP ATLANTI BEACH, FLORIDA Title: "GRANTEE" STATE OF FLORIDA COUNTY OP DUVAL The foregoing instrument was acknowledged before me, this 26th day of February 1987, by J. W. Jacauot the President of The~opment Group, Inc., a Florida cor- poration, serving as General Partner of Mayport Associates, Ltd., a Florida limited partnership, on behalf of the corporation. / I%//~C4 ~ /C. l ~/l i NOTARY PUBLIC,'State~~of PlOCida at Large r:m ac. ruouc. 4ra,la ru.,.n.I NI CVNAI U51'Jti RJIi i4 t[^ :5 1'.:L "cnuaa nuw vo...n ..v eu: u_.: ..au.. .. My Commission expires: (Notarial Seal) ~- r± , n r WATER AND SEWER EASEMENT ~~ - ,J.J/ Cucbin ix llickinsOn DATE: February ~, 1987 Attorneys at Law GRANTORS: MAYPORT ASSOCIATES, LTD. c/o The Development Group, Inc. 9000 Cypress Green Drive Jacksonville, Florida GRANTEE: CITY OF ATLANTIC BEACH, FLORIDA Preliminary Statement Grantor wishes to grant and Grantee wishes to receive a water and sewer easement the across parcel of Land more particularly described on Exhibit A hereto (the "Easement Premises"). AGREEMENT Therefore, in consideration of the matters set forth in the Preliminary Statement, and for Ten Dollars and other valuable consideration, the receipt and sufficiency of which is acknowl- edged, the following agreements are made: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a nonexclusive perpetual easement for the purpose of installation, use, maintenance, repair, replacement and renovation of sewer and water lines, equipment, facilities and pipes under the Easement Premises. 2. Use of Easement Premises. Grantor [e serves the right to use the Easement Premises for any purposes that do not unreason- ably interfere with the use and enjoyment of the rights herein granted. Grantor shall have the right from time to time to relo- cate all or portions of the Easement Premises upon thirty days prior written notice to Grantee, provided that in the event of any such relocation Grantor shall at its expense provide subsurface f sc ilities of equal or greater capacity. Grantor shall provide Grantee with recordable instruments evidencing any such relocated easement premises as requested by Grantee. Any such relocation shall not unreasonably interfere with the use and enjoyment of the rights herein granted. Grantee's use of the easements herein granted shall not unreasonably interfere with Grantor's use of the Easement. Premises. _"fir,±.. ':' nI~CID A. OARln[R 1M~l~I w w l:>S. JR. Iw[O[R~CM RR`ww DC.l Hwt E. S:ROn •lCl ~~C wS J. OOn.1.0 COIC GARTNER AND PHILLIPS uIORnE15 AnD EO~nSEUORS 6u~1[ X00 :at6 S>R w>wC0 wOU>[v>RD . o eo> ~Deo J •Ce50RVREC, r[OR~DA ]222-0691 February 26, 1987 Claude Mullis, Esquire Corbin 6 Dickinson 731 May Street Jacksonville, FL 32204 su ~'u Cori+in 8 Dyyicpkpi~~n~~~son AIIDtoo~~aCd~b6l6 •Ca V.'GART PMI: Se]15 RE: LakcS G. RaypGrt f.25E:^.~E ~t tG the Cl .y Gf i4tidGtlC Beach, Florida Dear Mr. Mullis: 'ne a: ~.- ,._.: _in.% o: icinal noc.1,.-- _ _,.____..: Ka' '._ fissociates in regard'to the referenced. easement tovthe City of Atlantic 6e ach. Please have these locum<ots approaed and pace the Water and 5e wer Easement ezecoted by the City of A*_iantic Beach. I` you desir_ iG F.a:e the Ea s.°a..e^t rec ord c.' in .".e p_t'..- .__crd=_, please return the original document to cur office. Pleaselret urn copies of the Bill of Sale and the Owner's Affidavit to us. If you ha•:e any question ce.^,cernino t.._se der.re^is, r'_easF do ...._ .'.e sitate to .. or.tac_ Gar o`.. ... ..]t:~Ve r:, ou ten /_~~kc%-'~'~.1 eg61 A.=_sistant to Alex J. Rick=_ 'j a•: s - ~-- . CLAUDE L MULCTS 731 Mnr Srn[er JnersONVnLC. fLO0.1DA 32204 O. tourvsei rv (NOd) 356-60]J Lrv[ugn[ ~irv ~ TOR. PA ]01 Fx Sru.[r ,L.crsorvviuE. Fiouon 32204 Couirv ~ Dicunsorv March 4, 1987 Posr a°K`e°"diss6 Jwcrsorvviuc Finuow 32203 Mr. Richard Fellows Citv Manager Citv of Atlantic Reach Post Dffice Rox 25 Atlantic Aeach, Florida 32233 Re: Lakes of Mayport documents Dear Dick: Enclosed are original documents executed by Mayport Associates KrantLnR easement and transf erinR by Bill of Sale to Atlantic Aeach certain equipment for water and sewer services. Please have City Clerk present to City Commission documents for approval and execution after which comply with the requests setforth in letter from Gartner S Phillips, attorneys for Mayport Associates. ?'hank you for your attention to this matter. Very truly yours, Claude L. Mullis CLM/slc Enclosure ce: Alex J. Ricks ~i (~~\~ ,~- k`- 0 l1' L ~. ~ C_~ V ~ \ ^-, Page 1 of 2 Date Filed: VARIANCE REQUEST Please Print or Tyye TO REQUEST A VARIANCE Fli0C1 TIfE RECULAT IONS INDICATED HEREIN, BECAUSE THERE ARE PRAC'1'I CAL DIFFICULT IES OR UNNECESSARY IIARDSIIIPS IN CARRYING OUT THE STRICT LETTER OF THE CODE OR ORDINANCE. THE UNDERSIGNED HEREBY APPLIES FOR A VARIANCE AS FOLLOWS: 1. Variance is sought from [he provisions of the: - ( ) Building Code (X) Zoning Ordinance ~ . ( ) Plumbing Code ( ) Electrical Code - 2. Location of the Building or Structure: On south Side of 659 nwa6ez Ocean Boulevard street 3. Legal description of property: Lot 5 (except easterly 75' thereof), NOTE: Attach Survey or plot Daniel S Ilacke tt Replat of Block 16, diagram indicating setbacks and proposed construction, Atlantic Beach, Plat Book 9, pg. 35. along with the deed. NACtE AND ADDRESS OF AYPLICANT REQUESTING VARIANCE: Note: If the applicant is other than all the owners of the particular property, written consent signed.by all the owners of the particular real property shall be attached. ~ - L. Peter Johnson (purchaser pursuant flush A. Carithers, Jr. 1747 Seminole Road to Purct~a se Agree- 1599 Beach Avenue men Atlantic Beach, FL 32233 Atlantic Beach, F1 32233 Phone: Ilome 241-4090 Phone: liome 249-4112 - Work 247-0047 Work 356-1533 DESCRIBE VARIANCE REQUES'1'EU: Reduce side yard for 3 carport posts and roof to 1'8" on south property line. ~ - S//ECITION O/F CODE FROM WIIICII VARIANCE IS SOUGHT: Sec. 24-151 CbJ ~.3 ~T. °/10 DO/'~~ • . S~ia//hP r~Parei •~~io .. 5 ~~a onJ SidC ~/~i'd THE REASON VARIANCE IS BEING SOUGHT: In order to construct open carport to protect one automobile from elements. SUPPORTING DATA WIIICII SHOULD BE CONSIDERED BY TtiE BOARD: Carport design rill be consistent with design of house and tastefully ~ - done. Open design of carport rill not create croxded Eeeling between houses. ARE THERE ANY CONSTRUCTION PLAIDS INCLUDED WiTfi THIS APPLICATION? eve rrndrrina atharhrd, _ Wf1AT IS TIIE APPLICANT'S INTEREST IN THIS VARIANCE? Purchaser (Johnson) is buying property from Ovner (Carithers) contingent upon obtaining variance for carport. k'lease Pr utC or Type Wage L of 2 - VARLANCE P.EQUES'1' i Date Filed: 2-24-87 ~ TO REQUEST A VARIANCE FROP1 1'IIE RGCULA'f ZONS INDICA'fEU IIE RE III, BECAUSE T{IERE 1 STRICTALETTER OFFTIIEUCODESORRORUI[7ANCEnRY'fk GRUNDERSI GIIEUAIIFif?E8Y APPLIES ~ FOR A VARIANCE AS FOLLOWS: r 1. Variance is sought from the provision//s of the: ( ) Building Code (y) Zoning Ordinance ~' ( ) Plumbing Code ( ) Electrical Code i 2. Location of the Building or Structure: On the nar ih Side of W n Street. street 3. Legal description of property: iot 6 Block 38 Section H. Plat 18 page. 34_ NOTF,: Attach survey or plot diagram indicating setbacks and proposed construction, along with the deed. NAME A[JD ADDRESS OF APPLICANT P,EQUESTING VARIANCE: Clo te: If the applicant is other than all the owners of the particular property, written consent signed by all the owners of the particular real property shall be attached. 11 1309 NepWne Crove Dr. W. ep une eac t, ~~~- Phone: home ~ c_si 3g Work 246 X690 Phone: DESCRIBE VARIANCE REQUESTED: placement of the buildin seven and one half feet from the propertyline on the west sitle of the lot.(as shown ona ac ~e this would follow the exrs utg .rne o ie u uun a con. SE SECTION OF CODE FROM WIIICII VARIANCE IS SOUCIIT: 07 - ~ ~ ~ ~ C6 T}IE REASOC VARIANCE IS BEING SOUG}iT: The placem existing foundation will allow enough room to pull tru ~«~ I t.,~n;,.,. inn ~~~t nani n~ is critical in the design of the SUPPORTING DATA 47IIIC}I SFIOULD BE CONSlUERED BY TIIE BOARD: All plans for demolition of the old and construction of the new building are for 7~ feet. Lot 5 frve on the East side has on y ree ee or a se ac .N@~ar~-€eetta=_ _ .r.,f 1 as well as the tax base. e requr re va Hance o ee on ie es sr a wr a ow ee on to eas sr e ARE TIIERE ANY CONS1'RUC'1'LOIJ PLAIlS INCLUDED WITH TIIIS APPLICATIONI Yes WHAT IS TIIL•' APPLICANT' S INTEREST III 'fIlIS VARIANCE? Owrer and operator. ~^Page 1 of 2 Please 1'ris,C or 'type VARIAt1C1: REQUEST Date Filed: a-a7-91 TO REQUBS'f A VARIANCE FROC1 1R6 RGGULATIONS I[IUICA'1'EU IlERE1N, BECAUSE THERE ARE PRACTICAL DIFFICULTIES OR UNNGCESSARY HAP.DSIIIPS IN CARRYING OUT TIIE STRICT LE'1"fER OF 1'l16 CODE OR ORDINANCE. '1'1!E UPIDERSIG[1GU IIEI?EBY APPLIES FOR A VARIANCE AS FOLLOWS: 1. Variance is souGht from the provisions of the: (/) Building Code ( ) "Coning Ordinance ( ) Plwnbing Cede ( ) Electrical Code 2. Location of the Building or SCructure: On Side of number /J, Ocean{ore:l- Dr, A-flo-n4+~ ~~a<.(.. street 3. Legal description of property: 1- 1- 37 (~ '~- '~ (7ceanwo-lK_ T101'F.: Attac!t survey or plot '] diagram indicating setbacks and proposed construction, along with the deed. NAME A[JU ADDRESS OF APYLICAii'f REQUESTING VARIANCE: Note: If the applicant is other than all the owners of the particular property, written consent signed by all the owners of the particular real property shall be attached. (,. o..wre.V.c ~ ~. 4 I,~~~(iP T ~wer5 1l3 3 fiarv.lc} C}. Phone: home / 34l- <l-576 Work {ntr.) 355-of 35 Phone: home DESCRIBE VARIANCE ItEQUESI'EU: -(n a5K fH~ our ~;e- sha.pe.( /o~ /u>_vC~ Ho 1`C«r [of I•nL (Altt~c(„ f vi rPS 0.- ~-o] S¢'~ b"~-r bu f- rr,s lc...Q ~ e, a. s ~e ! t !: Kes ,i O '/4.ti(- rca r SECTION OF CODE FR-OI1 WFIICII VARIANCE IS SOUGII'f: c~~{-- ~U~ ~ ~~-~ ~ THE RL•AS(~J VARIANCE IS BEINC SOUGII'f: GI([er< we booah~ ~Fh e. h we. wu-t --a a5 ~ Iw ye. pr~vu- We d-d n F Know AIl0 r1 [iC_ /'i.acA 's code. was d;Ef<.e. -{rv SsclCse..v-Iles. /)- s----1e, ~1- l~ o_(•-Cad be Se.>~ -x a.. ofA.er - 1 [oE in 0cen vwalK. SUPPORTING UA'1'A WIIICiI SIiUULll BE COCISIDEREU BY 1'llE BOARD: We, close.( s... n. la*sl r}' 1 [s/ y~/8~ wli'rI, is based e.. /l..s des ran . Dc en,,, wn.[C w%[I xof - - -- ._ r. ._~ r.re. w-,II ha-vC, }o .y~ce_ o++otSyr c(o s+,..,~ ¢ our Clo[: ,,h (_.lt L, r-~e,.~e' over fr '] o0o ti t`f~frG ., ARE THERE ANY COiIS'fRUCTION YLAi15 I[ICLUDEU WI1'll THIS AFPLICA'f 1011?des WHAT IS 'f11E APPLICACI'1''S IIi'IERES'f Ii! 1'IIIS VAP.IAiiCE? Durne.r of `srlua-'le re•s~deKCe. Ylcase Print or Type ,Page 1 of 2 VARIACCE I2EQUL'ST Date Filed:~~~~~{$'( TO REQUES'C A VARIANCE. FROM TILE RIiCULATIONS LNUICA'1'EU HERE Iii, 6ECAUSE THERE ARE PRACI'ICAI. DIFF ICUL'1'IES OR UNNECESSARY IIARUSIILYS IU CARRYICIC OUT TI1E STRIC'P LE'1"1'ER OF 1'l1E CUUE OK ORll1NANCE. 1'1lL•' UNDERSIGNED IiEP.EBY APPLIES FORA VARIANCE AS FOLLOWS: 1. Variance is sought from the provisions of the: ( ) BuildinIl Code (/) Zoning Ordinance ( ) Plumbing Code ( ) Electrical Code 2. Location of the Building or Structure: On NnRrlt Side of G,{h sr, '-n"umTi e r~ 13cn1 („µ` STKFET) street 3. Legal description of property: Lor 2/ ~ nNt trAST rs~ ~F L T 2A. NOTE: Attach survey or plot o-' diagram indicating setbacks L1l.ocrc PLRT n)n.ll Sr Apwrv d A~~ and proposed construction, ir- r c Ix=ACll~s ae ~ o N purr FJrct along with the deed. sr pv,4fl of 1974 rdPxi< Preens eF Uw4t co, C7AC1E AI7D ADDRESS OF API'LICACIT REQUE51'IC1G VARIANCE: Floe: If the applicant is other than all Che owners of the particular property, written censent signed by all the owners of the particular real property shall be attached. " _ Roi3ERr F_, Iy.I~~E'1 ATLgnIT IC P,FncNr FL 32233 Phone: Ileme a.49- 43to~ Work 1 3q_ Zooo .TULIn f.1 r.1F T. KILtE`~ 1`~ ADD2E55~ Phone: home 241-43rd Work 24b- lo48i~ DESCP,IBE VARIANCE REQUESTED: To coo si RULT RJ Aoprn oel To E4KTWG- t{oJrF Jn N 1 rprLD qF L r FKOrrI TNF Lar LW~ hIJ THE KRST SIDE r VIAI(_ h ToTaL GF 13 '}~ GL n2 SECTION. OFCOUE FROt1 4tHICIi VARIANCE IS SOUCIiT: aLF-~L15(,QS'IX) ~- 5/ef~ yard- /6 ~'a -/'a/ fe_e ~'.' __ The most reasonable and pracli cal means of adrli ng to the referenced home is to THE REASON VAPIANCE IS BEING SOUGiIT: e;aend the liresent e:aeri qr lines of the garage and front of the house as shown on the submi tteU plans. Uue to otfsetti ng factors, thn overall cost of Die addition wqul!1 probably not 6e decreased 6y ipgpi ng the addition inward by 1'-8" to comply strictly with the cede. Thus strict adherence mould result in a loss of arounU 4Q sy ft or E20iKj, of home value which r~rould ptherwi se be attained. Also, in the opi non of the Owner, the home mould have a better es teri or appearance if the present_ garage line mere e:a onded ~trai^ht rather than jogyi nq in the new pgrti on. SUYYURTING DATA WHICIi SiIOULU BE CONS IllEREU BY TiiE BOARD: The addition as: -~ proposed has received the consent of our nei ghbor to the east (addition si del. May I add that my wife and I have livid in this house since 1978. Incl uding this addition, we will have made three major additions to this house. By completion of t.iris propose_rl atldi ti on wr. wiil have nearly doubl eU the size of the on ginal house and greatly improved its appearance. This results in increasing the value. of our rnon home and that of the home, surrounding us. We al=.o bel ei ve that this addi Lion will have no ne~ati ve beari ny on any of our neighbors. ARE THERE AtIY CONST'AUCTIOH PLANS It1CLUDL•U 47I1'II T'IIIS APPLICATION? `(ES f,RIAT IS TIIE APPLICANT'S INTEREST IN THIS VARIANCEI RppLlcquT. 7S 44amEo,.uti1ER V OF TI{E PQoPERTY IrJ L~JFSf10A1 ~t{IJD pc:c JPI11ST~ t•- The Community Development Board recommends concept approval of the Selves Linkelde Planned Unit Development. The Board expressed concern over the prepoaed easements through city-orned property the size end location of the recreation areal buffering of the rseterates treatment plant end public rorke yards and the amount of sdditional traffic that rould be generated. The hoard heard presentations by repreaentetlvee of Gee 6 Jenson, Melody Linger and Janice Fleet, concerning the role of the Community Development Board in the up-dating of the Comprehensive Plan. They plan to attend the monthly meetings of the Community Development Board to update the members on their progress and to soarer questions. Respec fully Submitted, ens' Angers, S cretary ' Community Dev pment Board b:. CITY OF ~tlasctce b'eaels - ~ldaida MEMORANDUM To: The Honorable Mayor and City Commission From: The Community Development Hoard 9160CEAN BOULEVARD P. O. BO%26 ATLANTIC BEACH, FLOP.IDA 92219 TELEPHONE 19011294TJ96 Subjeeti Board Actions of March 17, 1967 with Recommendations Your Community Development Board, at it's regular meeting, March 17, 1987 considered four applications for variance and one application for concept approval of a Planned Unit Development. In considering the Findings of Fact ae established by the code, the Hoard approved the following variances: Rear setback variance on a pie-shaped lot; Lot 37, Oceanvalk Unit IVi by Larrence R. Borers. The rear yard could range from 15' at the closest point to approximately 45' at the farthest point. The house had been designed according to City of Jacksonville zoning regulations rhich could permit construction rithin 7. 5' of the property line on pie-shaped and corner lots. Side setback variance in a Commercial General zoning district; Lot 6, Block 38, Section Y.7 by Michael Pennell. A dilapiteted mingle family drelling had been demolished, leaving a concrete mlmb 7. 3' from the rest side property line and 14.4' from the east aide property line. The variance rill enable Kr. Pennell to construct a ner commercial building on the existing ela b. - Side setback vwriance in en RS-2 zoning district; Lot 26 and the East IS' of Lot 28, Block 8, Subdivision A; by Robert Kiliey. The variance rill permit the addition of a dining room/kitchen in line rith the existing east roll of the house. Total aide yards provided could be 13.4' rather then the required 15'. The Community Development Board denied a aide yard setback variance requested by Peter Johnsen and Hugh Carithere, Jr. The request roe to construct m detached carport 1. 8' from the south aide property line at 659 Ocean Boulevard. Tha board determined that the carport could conform to the zoning requirements by moving it closer to the house. Therefore, no hardship existed. March 19, 1987 CITY OF JQtIQ[Ztie rj~ ' " ~~ t160CEAN BOULEVARD e. o. Box % ATLANTIC BEACH, FLORIDA 1??St ~~ TELEPHONE I9a1 r~&21% March 4, 1987 CITY OF ATLANTIC BEACH IhNITATION TO BID NOTICE Ss hereby given that the City of Atlantic Eeach, Florida, will receive sealed bids, submitted in triplicate, for [he construction of [he Public Safety Building, Atlantic Beach, Florida, at the Office of [he City Clerk until 2:00 PM Loral Time, April 7, 1987, a[ which time the said bids will be publicly opened and read aloud. SCOPE OF WORK: Provide all labor, mac erials roximatel t 7400 sSPFrv a dnall construct new Public Safety Building of app Y associated mechanical and electrical work, and co include site work for approximately one (1) acre. All bids must be Wade on the appropriate proposal forms, properly executed and placed in an envelope endorsed "Bid No. 8687-2 - Public Safety Building, To 8e Opened 2:00 PM Local Time, April 7, 1987." The Contract Documents may be examined at the following locations: CS[y Nall, 716 Ocean Boulevard, A[lan[ic Beath, Florida, and Gee b Jenson, Engi- neers-Architects-Planners, Inc., 101 Century 21 Drive, Suite 215, Jacksonville, Florida. Copies of [he Contract Documents may be obtained at the office of Gee b Jenson upon pa}Trent of anon-refundable charge of $47.00 for each set. Only complete sets of plans and specifications will be dis- tributed. All bidders must furnish a bid bond in the amount of SZ of the bid and bid prices must remain valid for sixty (60) days after the public opening. The bidder selected by the Ci[y Commission for the contract will be required to furnish the following: references testifying io the quality of their work; a performance and payment bond in the amount of one hundred percent (1001) of the contract amount which said bond shall remain in effect until the date of final inspection and acceptance by the owner; certificates of insurance indicating coverage for Workers' Compensation, public and private liability and property damage insurance is adequate amounts during the life of [he contract. The City of Atlantic Eeach reserves [he right to reject any or all bids, naive informalities in any bid, make award in part or whole with or without cause, and to cake the award in chat is deemed to be in the best interest of the Ci[y of Atlantic Beach. Richard C. Fellows City Manager t R * k # # * * • • * * * * # FLORIDA 7INES-llNION: Plezse publish one time Sunday, March BM.au98en Kin Subai[ted for Joan La4ake (246-2766) by B NOTICE OF PUBLIC HEARINGS CITY OF ATLANTIC BEACH Nocice is hereby given [he Ci[y Commission of the City of Allan tlc Beach will hold PUBLIC BEARINGS on March 23, 1987 at 7:15 p.m. a[ City Hall, 716 Ocean B1Vd. for the purpose of hearing and considering [he Views of the public concerning [he fo lloving proposed Ordinances: ORUINANCE No. 90-B7-118, AN ORDINANCE Al1ENDINC THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AID:NDING CHAPTER 24, ARTICLE III, DIVISION 3, SECTION 24-63, SUBPARAGRAPH (3) TO PROVIDE FORA PUBLIC HEARING BEFORE THE PLANNING AGENCY (COIDB/NITY DEVELOPMENT BOARD) ON APPLICATIONS FOR EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 25-87-20, AN ORDINANCE AMENDING THE ORDINANCE CODB OF THE CITY OF ATLANTIC BEACH, FLORIDA; REPEALING THE CURRENT CHAPTER 8 1N ITS ENTIRETY AND SUBSTITUTING A NEW CHAPTER B RECULAT INC DEVELOPMENT WITHIN DESIGNATED FLOOD INZAIU)S WIT'i11N 7'IlE C12Y; PROVIDING AN EFFECTIVE UA'IE. All persons interested are no tSfied to be present a[ said time and place and [hey shall be heard. Copies of the Ordinances are on file Sn [he City Clerk's office at CI[y Hall. If a person decides to appeal any decision made by [he City Commission with respect to any matter considered aC any meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure [ha[ a verbatim record of [he proceedings is made, which record includes [he testimony and evidence upon which appeal is [o be based. Published: Beaches Leader 3/11/87 - Purchase Order 01656 Posted: City Hall Post Office ., .. .=,r - v ~ ~. ~J r-G __-___~ o - --- --------- ~ --'- A~tl~ - - _- f~: _ __ ~!.,~ C/ f~r~ - ---- ~ - --- .~S Arr~.r~ @ LolrEf .. _ Li _.~/OE. 2 - 9 ~ / , / _ _ ` _ Aira. 297x1 _ r _ _ _ -- .y..- Dw ~ iFa~• _ . _ - - _ - - - ru G~azs acres e.-_.. - - - - - - -r~ r n - 12 - - --- --_ _ Araa 1 _ r _ -_ . ~ ._. - r. 12 _ _ I - ~ op~e a~ 7 . II I .I ~ ~ ~- ~ ~ T _ _ u " rs -- ----- ... - - ~ r --r - c `'''''' _ _ _ i T _ I _ u - / -.A°fd~te I _ s~ T ~ 2 ._ _ _ n I ~ /~F ie ~ o y t p . ~ - - = r - _ 22 TOTnL l~NrT .. _ 22 - 2~ ---_ .._ _ idccES~._sT~~rr. ~ 1 a ~ ~ r. .y x _ ~ ~ n - Ou/6~/r/i7~AC. ~ //. ~ r I / / r - ~ --- /ilrFO/1/YIATiv./~- 2S! ZOYa S = r -~ p ~ l fYi~lL y r ri'LD qy- .Nrrri ffA>s LoT u/r o.-s Sv " 7-s' ~P~~ /ov' /00" 5000 'rSOa ~ M~a A/!&s /ymn p~PnY FOR yz S-R~f: ~.5. ¢ 7 ~y . ~y~u.An~ f / 2So '/ /875 J7Eivti7 Pe7R~mL ~ /.?b ¢./eQ. _ ~ _, `: I, ` '. ~j~lY6 N16 G!~4a6 I (,OAF GnWP'>E ,I \ I r / ~ // ~ ` a j a t I ,,I o e b I, ~ELVQ LINIG~IDE ~ ~ a1`f ~+' 1 Prr.Pet•if ~ .I ... 1 ' wTe I '~ ' , . r `, Ink '' i ~, ~ i l 1\ , -' 1~ p OEIVA LPCEb • / ~ ~ ~fal.J.-I Hn wA E~7 ~~ i~ I~ II I0 1d7P.>=j. 6D J 22"00_ I u ~ r ~ % o s1 ~ A ' `~ J J L I~ ~clr-f PseC J ~;:/~ i„ , W++'' I ~l It II < I ~IJ III 11 P~ -- I I Tu ~: 7: ~ .TO cc E6H U ~ W _ Ic TAI ~o ~, 1---.._-__ . PL62 S 1 ~8rasf~ _- ~ruaT. I tl '1' li N 1' _ It is the SinceCe hope of the owners and developers of these lands horde- ring the 7 U, and Dth fairways and wrappinC around the boundaries of the prac tlce fairway of the :Selves Idarlna Corm Cry Club, that they may gain approval for a propose) single family Residest~il }'LANfIEU UII I'1' UI?VELOPMENT for the following reasonsr 1. Somewhat smaller lots designed to accomoda to "ZERO LOT LINE" patio homes ~ a. Designed and restricted to provide h1Ax 17AUM use of PRIVATE out- door living areas for the fullest comfort and enjoymm[t of the owners. b. An inrreased number of sites oriented to taY.e advantage of very - desirable golf course and lake views. c. Encourage the design of innovative floor plans to fully utilize the capability of encouraging the delightful enjoynu[et of WALLIiD C AIIUEN-UECK LIVING. - ' 2. The possibility to offer somewhat smaller anJ LESS ERPENSIVE new_ homes in our area to be more hopefully affordable by some oC our ,- ovh[ second and third generation residents of Atlantic Uc ach. i - ). Ths theme of the land use would closely parallel similar neighbor- I hoods in LINKSIU~DAYMIiAUOWS, h1AR SIl CREEK/PT CAROL IfIE & DRIVERS I'f Y, and GARUL•'N IIOM1tiS .,AWCRASS GOLI' COURSE. ~_ '~ 4. It is the intention of the Developers to construct a solid deco- r restive fence of approximately 6 feet in height along the westerly i ! and southerly boundaries of the development, for a sound and sight I barrier particularly where the development adjoins the public works property of the city. S. It is anticipated that most of the homes in the area will range in size from Ij00 to 1600 square feet of heated area, however, it is intended that certain lots will be designated by covenants and restrictions to be used for homes with heated areas of no less than 1200 ..^.<}ante Ccc t. rage two A Planned Unit Uevelopment/Se lva Linkside PCUCS'fRIAff CIRCUhA'PI OfI It is felt that the limited access to the dead end street will reduce autombile traffic to a minimum and make the street safe for pedes trains, as are most of the neighborhood streets in the city. Iti NC I NC It is proposed to fence all of the westerly and southerly boundaries of the developme:rt. 'fhe fencing shall be decorative masonry and wood and shall be a maximum of six feet in height. A detail sketch is attached. Construction of an earthen berm of approzimate ly 3 feet in height by 9 feet in width from a retaining wall along the we to rly line is also being CUIIjI UL•'ItCU for further approval by ttre city. PROPOSL•'D SKETCtI PLAtI 'fhe final plot plan may include a system of lakes for surface drainage retention ponds. It is the intention and coimni tnicnt of all wrdcrsignod owners to coovenant the maintenance of said lakes and fences to the indi- vidual future owners and the Property Owners Association of the Planned Unit Development (to be formed). 'fhc undersigned ovmer do further agree to bind all successorsin title to the property to the cond lions stated herein, and to the stipulations imposed by the City Commission of the City of Atlantic Deach in the approval of the Planned Unit Uevelopment. Development as per sketch plan and Planned Unit Development description shall occur in tvro phases. All Streets, right of ways, easements and undergro+rnd water lines will be dedicated and transferred to the City of Atlantic Deach. Pending the availability of vra Cer and ewer service, the project should be completed no later than the end of 19U6. DVIDCIJCL OP UNIPIBU COf11'R OL This is to certi i'y that SELVA LIf1i<SIUC, Partnership, is the current record holder of title of 26 acres of lands ].e Bally described herein. :;P: LVyA/-~J1.1111(:, Uli, Par tnc rship Dy r ~-CLG~s ~t'Lr~7t~j Louis D, h!ac Uonell, General Partner SI?LVn 1.1f71;S lUl: A 1'l enured Uuit UevelopmouL ~ hebruary 2, 1907 OACKCg0UNi1 T1te land to Ue used for Cluj proposed 1'lauued Unit Ueve opwent is currently Srt an undeveloped sCa to siuco its former use a.^, "llul 1. nirpor t" come twenty odd years ago. There is a to tat of 29. J? acre, comprised of approximately 4.211 acres south of the Jth fairway of Selva tdariua Golf Course and west of the nor Lh part of the ci. ty puLlic work laud (presently zoned It52, prev- -. iousl,y zoned 1150 and U-1)1 and 1y.9 acres ahutCing the east line of the city yard and Che west side of the IILh fairway and practice ranee of Selva Marina Golf Course, further hounded by Che golf course cot the north and 11th St. on the south tieing currently zoned Oit. n 21.~C acre portion (consisting of the old "Ilull Airport") r:as previously ::cored PUU in Lhe early I9y0's. E14- The topography of the property range:; Groin eLrv nLiun 1$' Lo eLeva Lion I1• (see attached Copo on Len La Li ve pLut wnp). ?hu dove low~•euL would be entered from the wc~:t end of lllh '; Lreet off of .`;ewinole Road, or from Ylaza via Sandpiper bane. 1'eofosl:u usvehorrm;n'r Pt.nl+ Since the previous zoning of a portion of Lhese proper tic:: would have pe rmit Led '1'I7AILGII 1'ARICS &/ar '1'Ow U110U31`S and ocher attached housing at much higher dousi Cy of dwellei ng units per acre, and since this de vclopment will buffer the It S-t zoning districts to the east ~lTOm more couunercial-like activity of Lhe city yard, we feel that the best interests of the adjoining single family ovnters will he pro Lec Led as follows: The 1'lanuud UniC llevelopumnt of Single tanily Ue Cached Patio Ilonies on individual to CS rri 6h a density oC $.J4 amts per acre vri th al.l tots having 5000 square feet or more of imul area (cyual to or better than R S-2 Single Family requirement) would be a better use 1'or the greater benefit to the most residcn Cs. Po1'1'IO !IOLSh:S Minimum lot and yawl requiremen LS shall he as follov+s: hiinimwn square footage 5000 sq.ft. " ].ot width i~ bldg. line q0' " yard setbacks - Pt•ont 20' ercepC s e Lback may be reduced Lo 10' where a garage entry is para- llel to Uie street Side 9 I't. and 1 f t. hear lU ft. t~iaximum lot coverage 33 %, - hlaxirnum height of hldg. J5 t. Minimum street frontage JO ft. Siting of writs will he designated by lleveloper as indicated on the at- tached sketch plan. RECRFATIQI nRtil ~ .. ~ ~ . Suitable recreational areas eiill be provided as sLo..n on Lhe concept plan, property of [he J.E.A. Any common areas no[ includ- ed in the above, including fhe drainage and re- tention ponds, shall be maintained and tared for by [he Property Owners' Association of [he Planned Uni[ Deeelopmen[. The entire development Ss to be constructed in two phases and should be completed within two years from commencement. t. To bind any successors in Ci[le [o any commitments made in this application. SELVA LINKSIDE, A PARTNERSHIP ~1~~~ Ry: ~_ E~ ~+- ~t-~-1- ~C ~ 7 ~ 9 ~7 Dat-~~ SELVA LINKS IDE A PLANNED UNIT DEVELOPMENT APPLICATION POR REZONING (a) Information required. In accordance with Chapter 24, Article III, Division 6, the owners of subj ecc property provide I~erewlth required information as follows: (1) Description of [he Area Within [he Planned Ur it Development: The land [o be used for [he proposed Planned Unit Development is currently in an undeveloped state slnte its former use of "Bull Airport" some twenty odd years ago. There is a total of 29.37 acres lying south and vest of the seventh and eigt~[h fairways and practice range of Selva Marina golf course. Further, [he property is hounded on Che west by [he City of Atlantic Beach wastewater treatment plan[ and Public Works yard and on [he south by [he Selva Lakes Planned Uni[ Develop- ment as yell as [he City of Atlantic Beach drinking wacer plan[. (2) Name and Address of Owner. The owner of [he proposed Selva Li nkside development is Belva Linkside Partnership, 241 Atlantic Boulevard, Nep[ure Beach, Florida 32233. (3) Evidence of Unified Control: Selva Linkside, Pa r[nership, Lewis B. MacDonell, General. Partner, 241 Atlantic Boulevard, Neptune Beach, Florida 32233, is the current record holder of tide of 26 acres of lands legally described herein. (4) Agreement of Owners and CommitmenL• a. To proceed vi tt~ the proposed development in accordance vi [1~ captioned Planned Uni[ Development Ordinances and [he conditions and safeguards as may be set by the City Commission. b. Commence construction of said improvements within ninety (90) days of approval of zoning and all plans, exhibits, plans, dedications etc., or within ninety (90) day, of approval of water and sever service for said lots by [he Environmental Pro- tec[Son Agency, the Department of Environmental Regulation and/or permitting by the Corps of Engi- neers and/or the St. John River Water Management District, which ever shall be later, provided all actions have taken place. The owners herein intend to dedicate and transfer all right and title [o streets, easements and underground utility lines [o [he City of Atlantic Beach except for elec [ric conduits and transformers which shall become the Page 3 of 3 CIIAlJCE IN 20NINC CLASSIFICATION RL•'QUES'1' PAYCIENI' OF '1'lIG OFFICIAL FILING Fl[E AS SET DY 'f'lIG CITY COCV-iISS IOtJ: Dale Pail .S '1'IIE SICMA'1'URG OP EACH ANU EVERY OtJCJER OP '1'IIE LANUS: SELJA LIN/~,OSIDE~ 2TNEriSN17 J ~~riy. ADVISORY PLANNING ROARD!S 2EPORT ANU RGCOMt1ENUA'fIONS: DATE RL•'VIEWIiU: runJ.IC ur•.nr.tnc nrcrE: ~g-__ Page 1 Of 3 CIIANGE IN 7.ONItJG CLASSIPICT,'1'ION REOUG'~'/~~y `v' GtJU~ ~, Ui~ FE8 2. 198 ~~ Date Filed: ,J ,J - NNIES AtJU AUUItESSES OF ALL OWtJERS OF '1'lIE SUDJEC'i' PItOPElf1'Y: Rullding aOU ZUmnQ SvLVA G/N SK /L~ PAQT4(EI(SN/p Z SL/ A7LfLVT/C BL/D. Ne~r/J,~+E ,3E7icf/ FL. 32133_ Phone: Ilome 2SGy-7SLlo/ work L.535 -TEL //) AJgq/Hq DQ.. ATL.A.VT/C P~>•K-N FL . 31 z ~ 3 Phone: Q[~/p-2Q~L Ilome 2.~,L~7- 7/1-L/ work TIIE LEGAL UESCI2I P'1'I ON, INCLUU/ING '1'lIR LO'P ANU DLOCK NUMDEIiS, Ol' '1'lIE PROPERTY 1'O OE REZONED: L6A/6Tf/ % ~ (ATTAINED PRESENT ZONING OP PROPEtIf1'Y POR WNICII CIINIGE OC ZONING CLASSIl'ICA'1'ION IS REQUESTED: R,5_2 E Q~ PROPOSED ZONING CLASSIFICA'1'IUIJ: P. 1J. D. A S'I'ATh:hll<N'I' OI' 'I'Illi 1'1:'1'1'1'1 (1NIiR':: IN'1'I:IIIiG'I' I^ '1'111: I'IIUI'P:ICI'Y 'I'U 1:1{ Iai%UIJIiU, INCLUDING A CUPY OP 'TIIE LAST ItECOIiUL•'U YlA RftAN1'Y DEIiD; ANU: if joinC and several ownership, a written consent, to the rezoning petition, by all owners of record; or if a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or if an auChorized agent, a copy of the ayency ayreement or written consent of the prin- cipal owner; or if a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corpora Lion or other business entity, or in lieu thereof, written proof that the person is, in fact, an officer of the corporation; or if a group of continyuous property owners, the owners of at least fifty (50) percenC of the property described in the petition must provide written consent. CITY OF tQlla«tie 'S'eatli - ~laxidcs nsoceAN BOUtEVAaD e. o. Box u ATLANTIC BEACH. FLOIIIDA a221.t TELEPHONE X90/1 R~41396 To: Commun Sty Development Board From: Richard C. Fellows, CL[y Manager, and ~~ i._~.)i~ Ran e' Angers, Community Development Director Subject: CONCEPT REVIEV SELVA LINRSIDE This is to certify the developers of the subj etc project have furnished to the administrative official the minimum data and information required to provide a broad brush administrative review of the proposal. A number of items have occurred to [he administrative staff rhich rill be addressed by the City Commission prior to authorizing implementation of [he Planned Dnit Development. These include: I. Questions regarding [he proposed retaining ponds, or lagoons as they are called, which indicate portions extending into the Selva Marina golf course area. 2. Right-of-ray roads bisecting City-owned property in [he northwest corner of [he property vhf ch rould render approxl- macely one acre of City property unusable. 3. Concern relative to the rear st ruc[ure location rithin [en fee[ of a fairly large drainage retention area rich the possibilities of erosion affecting [he stability of the structure. The unquestioned impact of an additional 200 - 280 vehicles aloeg rith the associated public service vehicles entering and leaving the location on a daily basis. 4. The need for additional buffering adjacent io the City's rasterater treatment plant and Public Horks yard on the rest of the project. Possible relocation and enhancement of the indicate-! recreation area. 5. The need to ascertain whether an on-site sewage lift station will be required to serve the development. In order [o precisely address these questions and others, the developers rill be required to prepare detailed engineering plans and specifica- tions and studies and reports in support of their proposal. However, these engineering plans and specifications and studies and reports should not be required of the developer until such time as they have some assurance [heir conceptual plan in going [o receive the approval of [he necessary officials. Please contact us if you require any additional information. y. !(arch 17, 1987 CERTIFICATE OF SUBSTANTIAL COlfl'LETION PROJECT: PWza Rd. 8 Mayport Nd. Intr. L~rov. PROJECT N0. 0620-2 CONTRACTOR: ~earcorp Inc. ~ _ DATE OF ISSUANCE: 3-10-87 DESIGNATED AAEA SNALL INCLUDE: Intersection Widening on Plaza Foad at rtayport Road The Nork performed under Chia contract hse been inepeeted 6y auchocized repreeencatives m[ the Ounnr, Cantrsctor and Engineer, and eha pro~eet (or deeignsted area of the Pro~eet, sa indicated above) is hnreby declared subatantlelly`complete. T.ie Sub etantial Completion Data Eor the deeignsted area Se 3-10-87 , which is also the dace of commencement of varrantiee and guarantees for the designated area as required by the Concratt Document. The Contractor has complied with ell [he requiremen[• of Suba[antial . Completion, as su tad 1n cha GENERAL CONDITIONS of the epeei[ieationa for this prof set. Connelly 8 Wicker Inc. ~i C ~ 3-10-87 ENGINEER gY DATE The Contractor aceepte this Certificate of Subetantiel Completion and agrees co complete or Correct the Nork on the lYse of,_itema eppendeG hereto within calendar days from the Date .of Subatantlal Completion, by ~~A DATE ~ ,-,~.J~/n I' airmrE: inc. ~~ V)'IA R..lO 19F1 CONTRACTOR \' DATE Tha Over accepu [ha Project or deeignsted portion CheraoE u aubatantially eompletn and will aeeume poaaeesien thereo[ on , 19 The prof set or designs tad portion [hereof has been or is expected to be in operation since ~ 19 Qr1tII~I1" BY ~ OATE decermine0endrreviev ineuranteo requirementen andneovarage.) uneel should ATTACIDlBiT3 (Dead N%A: rwi-Cmn ^ ,~ CITY OF r~lfaKtie $'eacls - ~fozlda t160CEAN BOULEVARD ~_ ___-.-._____ P. O. BO%Z6 ATLANTIC BEACH. FLORIDA ]Y2ai ~ ~ TELEPHONE 19W I R~4YJ96 riarcn 12, 19BI r>EnoRANDUrI To: City rLTnager ~. From: Director of Public Services Subj: Plaza a[ nayport Rd. Intersection improvements ' Both the Public Works Division Chief and I have inspected the referenced '. project for compliance with spec if ita[ions and quality o£ workmanship. A11 work appears [o be in accordance with plans prepared by Connelly 6 Wicker, -. Inc. and Che re are no obvious defects in the construction of the add l[ional turn lane area. Painting of stripes was no[ in the speciE ications, however the contractor has scriped [he area with temporary markings which should ~. last until [he planned re-surface o£ Che remainder of Plaza has been accomplished. I recommend [hat all funds due and payable [o the contractor and the engineer be released. Respectfully, '. ~~~ Connelly & Wicker, Inc. Consulting Engineers Mr. Robert Braid City of Atlantic Heech 716 Ocean Boulevard Atlantic Beach, Florida 32233 Re: Snug Harbor Subdivision, Section H, Atlantic Beach, Florida -- -- Dear Mr. 6reid: OE F,CFM' YICIY EL E. Y1gOR E. I.f, 0.l t. POfEni O. CONNELL i, /.E. N. /.LM Fn NOW.L11p, f.E J1Yf5 M. Y4LFn, A., /.f. YMV W 1. MCFFA, / f. February 16, 1987 On Fridny, February 13, 1987, you, I and Mr. Jack T¢llon of Usina Contracting lnc. conducted a Cinal inspection of the referenced project. At that time, Lre agreed that the project appeared to be complete. Accordingly, I kfereby certify complete, and substan tially Specificntions. S i n{c)~e-re l/y/~,J~ Z~~jI - Michael R. Boyer / Project Manager that the referenced project is in accordance with Plans and MRB/mao cc: Jack Tallon Eugene Johnson G.O. BOX 51343 • JACKSONVILLE BEACH, FLORIDA 32200.1343 • 901/209-7995 DESTIN, FLORIDA • CASNIEgS, NORTH CAgOLINA ~__ CITY OF ,fltea«tie a~ - ~e '1I60CEAN BOULEYAAD ~___. __.._--___ P. O. BO%Ib ATLANTIC BEACH, FIARB)A 3]iV ,~~ TELEPIIONE 19011 U91a% [iEMORAt:DUI'1 Ata rch 6, 1967 To: City Manager From: Direc COr of Public Services Subj: SNUC HARBOR Proj ec[ U[ili[y C'_earances I have reviewed my files concerning the referenced project and have discussed i[ vi[h [he Water Uis[ribuGion Ch ie £. All necessary On-site and Off-s L[e tests anJ luapec [loos arc cmnp leLeJ. There were twenty-six single units listed in Che Utility Service Agreement and 26 ERCs were permitted by DER. The actual number of un i[5 cons[[ uc ted [o dace is None. hR%RR~.td;F11RXRRR%d7LAAiRF.fAA16fTUkRR• The EolLowing items considered pertinent are on file in Che Public Works offices and/or located a[ City Ilall. 1. A copy of Che Utility Contractor's Lien Kelease 2. The Gesign Engineer's cer[if ica[ion [o DER for Sewer . Acceptance ' 3. The Design Engineer's cert if icaGion [o IIP,S for Water Acceptance 4. Television logs dated 11/11/86 (Same as d01U: TSAf Proj ec [) 5. HRS Bacteriological Clearance dated 12(12/86 6. As-Builts and/or reproducible mylars Hydraulic Shares for this project were computed in the Utility Service Agreement ' as a percentage of costs for [he David Baker Homes. t:o invoices have been received Co date. Res c [ f ul/~pl'~y/J,~ COMPENSATION IC is proposed the payment for our services be on the basis of our current hourly rates set forth below plus any required reimbursable expenses for reproduction, travel, long distance telephone calls, etc. invoiced at our actual cost. Category Hourly Billin¢ Rates Senior Engineer S 60.00 Engineer/Designer S 45.00 Technician S 30.00 Drafter 4 22.00 Clerical E 20.00 PROJECT BUDCBT Based on our understanding of the work to be performed, we recommend that you budget 53,100.00 for our services through the permitting, bidding and construction phases. SCHEDULE FOR PAYMENT Invoices will be submitted monthly based upon the work complete at that time. Payment will be due upon receipt of invoices and interest will be charged at the rate of 1-1/2 percent per month on unpaid amounts beginning on the 31st day following the date of each invoice. If this proposal meets with your approvals please execute both copies and return one copy for our files. We look forward to the opportunity to work with you on this project. Very truly yours, William P. Spellings Project Manager WP3/jlw Approved and Authorized for the City of Atlantic Beach mr: Approv d-a Authorized for Connelly h Wicker Inc. ~~ ~" D to 2 x- ~~..1.1 Connelly & Wicker, Inc. Conaulting Englnaera Mr. Richard Fellows City Manager City of Atlantic Beach 716 Ocean Boulevard Post Office Box 25 Atlantic Beach, Florida 32233 Re: Engineering Services Dear Mr. Fellows: OiFICFNI: W11[L Z. MOORf, RE. EL0. ROIEP! U. COMELLI, EE N. ruse„ NOI,PIO, r.e J1Y51 N. YLLF,,, JIL, r.E •..r. L...au r.c Pla rch 5, 1987 Connelly & Nicker Inc. is pleased to submit an engineering fee proposal for the Russell Park parking lot. This proposal will remain in effect for a period of 60 days from the date of this letter. Acceptance after that period is subject to a review of the conditions stated herein, and possible revision by Connelly & Nicker Inc. in response to changed conditions. SCOPE OF WORN This prnpoan] contrm pl.n tea Connelly A Wicker Inc. prrpnring construction plans, specifications, bid documents and St. Johns River Water Management District (SJRWMD) permit application. This proposal includes survey cost and SJRWMD permit fee. In addition, ue will assist you during the bidding phase of the project to advertise, review and negotiate for proposals to construct the cork. During the construction phase, we will act ea your representative for the project, make periodic visits to the site to observe that the cork is being constructed in general accordance with the plans and specifics lions, review and approve shop drawings, review contractor's application for payment, conduct a final inspection to determine that Lhe project is substantially complete, and prepare any required changes to the contract documents. P.O. BO% 5133 • JACKSONVILLE BEACH, FLORIDA 322~0.13A3 •90//2147995 DESTIN, FLORIDA • CASHIERS, NORTH CAROLINA 1 . i - i ~ b . ; j ~~~ ~ pz ~~; i $ 3 ~ ~(' ,~ ~ P ~ !~ i p ~ __ __---... !G • `_. (n qt ~, J t . 3'., Oyu g ~ Q ~ >: i}(d ~! ~ Nr ~ ._ .v ~r ~EAGh AV~h~f E Si "E A~:A_~~r_S . ~~ ~ ~~ ~„ : 30;---- Lor 1 tint c bLOG~ 4~ A~ '_Ah ~ i c ° EP.~ n ~5 .'. ~ ~'.: ~ r:.G Lst.n~v P.~Fp. 24 000 4o Fr buiLDirGS .o Latin -"b"1°/~ c~.E~/.~E i i a r a-.~~ -~ I s..s~ se.~.,~.:. , __-_- --- f~ ` _-__ , ~- ,. ~ C ! _ W ~ ~ i aFn m 1~r.L fn ~ ~ 0r~ ro J r~ - I _ 1 °; ~_D t i ~ ~ ~_ J •N ~_~~ _. _ , . ..~_ ~__ __ " i ' W7~ i t A -- t. • _ .i wo Z~0 : ~ I ~ ~ i 3 _ C ~~ -+ . _. T •U Y ~ . - --- ; , - ~ - , b ~ 4i~~ ' Pvt. $ ~ a~ T. W ~ ZC` ~i I K~ ,u - ~' , ~ C' j ~ ~ i. . - --- t n~ -~-------- -'---.'-, 0 c~ R (n pi _~ C 1 1 ,~ 1 1 iy d ~ - ; ~ ------- • - a m .. ___ . ~ ~ V- `~ ~ ~ ? . = d ,' ~~~ ~ i., °ro ~,~ 1: o•r ' '' ~ ~ ; ~- , , A b~~..~ ~ r 4.y ,ti,' J _. ~~ rP`. Iv ` ~ G~ ;° c-. ~ - . ~~ O v ? p. ~.. i ~ ~ I I i I ~ I _ --- - --- I I - c. _? -__ _-- ~~ a_ T _~ -~~ii0~ ~: ~.*'`~i' 'tom ~. __ ! wh,d /~ ? ? i ~ ~>Ct O ~. o c ~e ~ ~ ~ j , i~a T ~/ ~ ~ : `" i ~ . , W~. `~ i~~. t._~ ~ ~ t~ y,-~ a T-_~u z r I :_~- r ~` ~ aF ~ ,i~ O' S DU' .' 'S y ; CU`tA~b64 ~ 6~',~mai • ~ / i I / /• ~ ~ - ` / ~ ' ~ ~ I 1 u U .~~~ G _ Ir O f 1 _ ~. ~,~ NC11a ~' i w I r i I ~ N~t~ ' P t TW / ~~~H :. i ~ 1 I_ f 7 C / { ~ .:z ~ it ' S ~ ~ ~~~~~"l ~ Y~ >~ U,-, ~ ~^ ~ (~ fy . j w r 1 ~I~ Vii'' ~ ~ /: i,:-., ii-~ ~;i -- C. _ - - 111 t' ;n t_ .l T- J, ~1\ n~ -1 I w lU ~ °- X11 ~l~ r 1 a Q v ' ° i n;% ,,,p~G` i`, F"-1.° i C Y ~I~,ay,,, ~ ~ ~. .. ~ y'~ci~g 9 ~ o ~~ r' I~ ~ ~i~Y~ . a ~O~~h ~ "°,. I~ f ,~ u ; O ~ '~?' G 5T e ,.vry i° ~ '4' r 2 ~`Y 9. i,'~'Q ~ ~~_ c-__ _~ I .t C ~ L~~ ~5s~ ~.%y4 ..t _..-5.. Ill l}' =~ ^VI d 9 _ A 5v'.' --.. .. - J - _ ,: f3G~A C,y >a ~EivUE cax-- _._ __ _ _- -4'.- ... NC79m~G.N7.z<-Sj YZ.c~-]n~~_.r~ .. ._ . ]:.~/$ K v ~<rr 5//t it r' ~ 3 W C (`i L.W l t t 1~ "1 { `\ 7 ~\ I~ V I ////~ Z t~Y C~tTIFI THAT TNI9 SURVEY NEE1S TFQ; FIIIRMM TECKKICAL STANDARD3 AS SET ?DRTH RY ItSE YfDRIDA BOARD OP LAN[J SURVEYORS PURSUANT TO SECTION 4T2.% FLORIDA STATUTES. / H. A. DU~DEN %- bASSOCIATES IN(: --~°~~~~1f~~? uwD { NrD[ocleA~Nlc 'eO^'^e° •~••••^• •• -,• ~- su~v[roRs .wr orncE foa uoe ~ 31GNED uJw/C B I f 82 ucasowvlu[ [swc N. •u. »». fCAI[ ~_- ~~ TNIf fURVA NOT VALID UNLEff TMI{ •IIINT IS [Mf06S[D WITH TMC PEAL OF 1NE AfOVE fIGNCD ~rM~ ~1V1r ~~~V WR~G^ Vr 1018 1 {/ID 2r 1LOC[ lr2 ATLAN!'IC NLCN 16 NECGNDm 17 PLA! BDOE Sr tAOE 6A 0! 'lflE CONBEIIt llNntC NE~tDN Ot OLAA~ OJINRI RORIDA{ NNINO !Ni 'JAIfE AS LOlS 1 AND 2r BIOGt 42r AS 9NOMN CQ! NO! INQA~ Dt tLA! 900E ~r PAS 1 Ot tR COAIIDI! Pi1BI3C NEOD1iD9 0! DOtAL OOORIr ~~ t d0DS1ND<IS~Lffi4 Ot SAID ID'!b 1 AND 2 !D N~ llfaMllC OCEM. C Cfa/~ .~/L4/~T %c.. _= -° „r ~~~~ ...i.r r,.sr ...r« _, 1I ~~ 4. i ~ I O yl ~ C4c~~. 9.Y~ .~d.~o ~ F=ry W._T . ' ~. ~. ~ Y'}^/~/ ~ WoOJ /~~ _~_ ~/ PR 9 0~ a~7 i f~~~y ~~ l . ~ y~ V .1=1111 I ~. 1 .~~~3~ , 4Y,lY ~ ~~ ' ~ i l ~ N ` \ \_ Gib ~ i .z-r .~o~, h y is ~;-~c ~. ' ) ,~ ' ' ~ I ~r--~ <_, c~ r~ i ~~: ~ @ .7 al r u tti t~ w s. i ! c D ~ j i .- ja,. i, .pr~c. ~- ra . '~r~r i j: N~ ~ 2G 49 rE'I"•.~-A ~ .. I~ ,n~ '` ', `\~ c . ~. + \~ ~J1 [~~~ 1 /3fA Cf / .a ~Ei~/UE CHAPTER 24 'CONING AND SUBDIVISION REGULATIONS ARTICLE III. ZONING AECULATIONS DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Sec[SOn 24-84. Yards; Obstructions; double froncage lots. (b) Double fron [age lots. On double froncage lots, [he required front yard shall be provided on ea<h street, except [he required front Section 24-86. Secondary Dwellings Pawed by the City Commission on First reading April 28. 1986. Passed by [he City Commission eco d nal ea ng July 14, 1986. ~ ~ ~~. ovell, Hayor, Presiding Officer i Ap ed as [o Porm and Correctness: S ~`~~ ~ C aude L. Mullis, i[ torney E~, - (ATTES ), - rr~.. ~~ 2 Adelaide R.Tucker, City Clerk ~ .. Section 3. This Ordinance shall take effect as provided by law. • • • • R k f ! • < • f R ~.. Pwge 2 I aw also submitting copies of this letter and enclosed materiwl to ^11 of wy immediate neighbors far their review and cammente. I wculd anticipate perCicipation Pram them at the meeting and woulO ewk that you receive their comments even though this request will not 6e in the form of a Public Nearing. Thank you, V tr Geor Bull, Jr. GEOgGE BULL, JR. A R C M 1 T E C T 47 ELEVENTH STREET ATLANTIC EGM., FLA. 3>?.133 ! 0 4 i ! 4 6 4 4 6 9 18 Mnrch 1987 Tc: Mayor City Cimmieaion City Of Atlantic Beach City Hall Atlantic Beach, Florida Re: Proposed Lend Use Analysis Lat 1 end Lot 2, Block 42 Atlantic Beech, Florida Gentlemen, Please find enclosed the following information for your review and consideration. 1. Survey of captioned property 2. ^rawing of Site Analysis #1 indicating the land use permitted under existing RS-2 Zoning and Chapter 24, Double Frontage Lot Regulations 3. Drawing of Site Analysis tl2 indicating requested land use I am requesting that the City Commission consider allowing my property to bn subdivided as per Site Analysis tl2 so that I may construct 4 single family structures an individual lots. By allowing me to accomplish Shis land use, the following advantages can be realized by the City as a whole and thn immediate neighborhood specifically. 1. Percentage of building coverage to land 9X less with greater open Spaces. 2. 20 Feet street (Beach Avenue) setback maintained in lieu of 5 foot es under Chapter 24. 3. 4D Foot distance between structures in lieu of 20 foot as under Chapter 24. 4. Permanent residents more probable. Secondary structures will pro- bably be used For rental purposes. 5. Lot size greater than RS-2 requirnments. 6. The improvements will be designed taking into account the existing neighborhootl structures and exterior treatments. Landscaping will be of the highest quality. I will attend the meeting of March 23, X987 and will have Anelysia lit end Analysis A2 presented et larger scale. I will be available to your questions. ~_ Atlantic Beach Commission Special Meeting - March 16, 1987 19 (There is a space that is inaudible on this transcribing machine and tape - ) Commissioner Cook: I have seen Cwo different plans. Evidently, somebody has already made some kind of judgement about one (inaudible) is that correct? Mr. Fellows: Yes, we have met with [he developers on three (3) occasions, but there are some [ethnical questions, Mayor, that I am not competent to answer nor is anyone else in the building department. Mayor 11owe11: Well were [he technical questions raised by Selva Marina residents. In other xords they are competent to raise the questions? Mr. Fellows: The number of ci[zens and people who have inquired into this, yes. Commissioner Gulliford: Well I don't think you can pre-emp[ every question that ' might arise in the future. And, as you have said, it is not something where precedence for Cha[ has been established. That would unique and out of the ordinary, and the exception to everything we have done in [he past, therefore, T agree with you. Or, at least [ha[ is what I think you said. Mayor Novell: Well, so far as I know, I don't know why this one would come under different guidelines. Commissioner Gulliford: Well I agree with [hat. Mayor Howell: We have been up here for two hours arguing who has authority. whether ?.t be a board or the City Commission, and I think it is going to be the City Commission. I think the final decisions will be made by the City Commission, whatever they may be. Commissioner Gulliford: That's right. Mayor Novell declared the meeting adjourned 9:40 P.H. Atlantic Beath Commission Special Meeting - March 16, 1987 18 to put roads through city property, which in effect will make that city property not usable; they are proposing a drainage circulation system where the backs of the houses would ue very near a very large drainage retention area, where some erosion may occur. Now [he ordinance says we may retain consultants to assist in the review. We could like to forward this Co a consultant to get some in-put on this thing; but, these people have invested considerable sums and we are trying to accommodate Chem, Dut there are questions in here that need to be addressed before we go any further. We did not van[ Co Cake this step because it is going [o hold them up another 30-45 days, unless the City Commission agreed with the concept of submitting this thing to the consulting planners and engineers to get same in-put from tf~em; and, of course the costs of that are borne by the applicant. We have not in the pas[ been faced with anything of this magnitude, at least while I have keen here, perhaps the Commission has, but [here have been certain precedents se[ in the pas[ which have not required other developers to go through this process. My inclination is to try [o make a determination with you on this concept in-house but because the development has engendered a great deal of controversy by the people who live in that area, I thought perhaps we should be on safe ground and submit the thing [o consultants to make sure our bases are covered. Mayor Novell: You are absolutely correct in the statement you made that this has never been done before, Again, ve get Lack to this point-all kinds of stones in the road and i[ is a preliminary thing. Certainly this is preliminary. It has been my experience in con- sideration of this PUD stuff, that [he concept of all [his is that it vent to the Planning Board, which is now the Community Development Board, Lasica lly they approved [he concept. That is all we are trying to do at this point. I can well understand that there are some questions about some of the layout and so on and so forth, but if ve are going to make developers spend thousands and thousands of dollars, and come in with these very detailed se[ of engineering plans on [his particular concept that isn't going to get approved, and they have to go back and do this all over again, where in the world are we going Co go? Mr. Fellows: That is my reaction also, Mr. Mayor, hu[ I wanted to run this by the Commission tonight. It is my opinion that [hisconcept procedure is a very broad approach of what they will do, and in no way can you get down [o very precise details un [il it goes through the Community Development Board and they give approval to the concept or [he idea, then, it is going to come before the City Commission, and at some point along [he way they will have to make this investment; but, I see the investment heing made after the Planned Unit Development is re-zoned vi Ch the conditions being to [he satisfaction to [he City Commission. Questions have been brought up by citizens and by others. Some of these questions need [o be answered now before the concept stage. I am not qualified to judge what is a safe entrance and what is not. My reaction at this point is [o say that after this goes to the Community Development Board and the City Commission, we will [hen employ whatever consultants are necessary to make sure that these questions are addressed and resolved to the approval of the City Commission. We don't need to take that step at this particular point as it a broad brush concept. It is an (inaudible). Mayor Novell: We did not take that approach with Selva lakes, vh ich is virtually a twin to this developmer.[ where they were building duplexes, where these are single family homes. There in lies the difference. The density of this proposed subdivision is less than Selva lakes; it has more ingress and egress than Selva Lakes. I don'[ understand why we have to star[ nitpicking at this point, nor why it cannot go through its normal way every other Pt!D has always gone through the city [he way i[ has been handled, and let i.[ come to Che City Commission. A[ that point ve get into it, which ve have done every time. Mr. Fellows: That has been my observation, but I wanted the Commission to know [hat points have been raised by citizens and others, and I ,just wanted to make sure the procedure was approved by von and ve will (nllow in thr rrnrrnlly arrrpt rd prrr Pd Ppt (i mod: hlr?. Atlantic Beach Commission Special Meeting - March 16, 1987 17 Mt. Mullis: You may have cured the situation by inaction. Mayor Howell; Well I wan[ [o ask one further question: It's your opinion the action of that Board was moot, and since that building was constructed prior [0 1983, [hat ve could not enforce the off-street parking portion of the ordinance? Mr, Mullis: Correct. Mayor Hoxell: That is your legal opinion? Ccmmissioner Culliford: Don't stutter, Claude, don't stutter. (other voices inaudible) I tell you what, you have lost one Commissioner, and you ere dadgummed close to losing the second one. Mayor flovell: Okay. That is the opinion. Then, if that's your opinion, then it is my opinion that it does not make any difference which way we go, the City Manager and the Building llepartment, iF they come up here and ask for a permit, [hey are going to have to give it to them. Mr. Mullis: The building permit, [o get to du what [hey are going to do, they won'[ get the permit of certificate of zoning until they get [he h0 seats, plus the 2500 sq. ft. Mayor Howell: Exactly. They can get .... ~ Commissioner Edwards: They can Ret (inaudible) lighting and all that... Mayor Hovel l: Exactly. But it is properly zoned for the restaurant and they can come up here and get --- if weren't concerned... ~~ Mr. Mullis: If they meet the building code and all other codes. I ~ Mayor Hoxell: Absolutely. They are going [o have to do [ha[ and you all understand that. All right there goes my second stand. Any further discussion? All in favor? Commissioner Culliford: Aye Commissioner Edwards: Aye Commissioner Culliford: You got caught. ~ Mayor Howell: You are voting Aye? Co®missioner Edwards: Yes. Mayor flovell: Okay The motion is carried [hat ve are saying that [hey wen[ beyond their bounds, but is a moot question. Any further business? Mr. Fellows: Yes, Mr. Mayor. The ordinance code requires a concept rule of Planned Unit Developments, and ve have before the Community Development Board the Selva Links develop- ment. It is a very complicated procedure as [here are a number of items in there that ~ require a decision that the staff is no[ capable of making on [heir own. For example: Tra~~lt Sa~et)• - the ammmt of Cta~(}t Tj~at is going Co ~e developer,( they are proyosing Atlantic Beach Commission Special Meeting - March 16, 1987 16 commissioner Gulliford: Because of this ...hecause of [his avenue for petition and so forth? Mr. Mullis: Appeals and so forth. MayoY Novell; ~ - I need a point of order here, Claude. Mr. Morris is back in this chamber. Commissioner Morris: Do you van[ me to leave? Mayor Novell: I have got a problem, Jahn. You are in the chamber, you are going to have to vote. Commissioner Morris: Oh, you have not voted? Mayor Novell: No, sir. It is going to take me sometime.(Comm Norris comment inaudible) (Comm. Morris was leaving [he room as he spoke.) Commissioner Gulliford: Mr. Mayor, don't accommodate me ...inaudible... particularly at five after nine in [he evening. Mayor flovell: Well I still want more than anything else some direction For the City Manager and [he Building Department. Mr. Mullis: Well. he has got it right nox. (inaudible) Commissioner Gulliford: I don't see where any action on that motion one way or the other is going to necessarily - give him any direction. Mayor Nowell: Well supposing we passed it? Commissioner Gulliford: Supposing it is deadlocked? Mayor Howell: Well, okay. Commissioner Gulliford: One of your (inaudible) disappeared. Mayor Novell: Well that is the way is goes...I don'[ know. i Commissioner Edwards: Didn't ve condone what the Community Board did? We didn't ~ condone that? Commissioner Gulliford: No. Commissioner Cook: Well ve agreed with [he decision they made. We did no[ agree Chey had the tight to make [he decision. I think Chat is what you are trying to get a[. ~ Commissioner Edxards: Yes. i Commissioner Gulliford: Let's put this Ching to bed. Mr. Mullis: Maybe since the Board is going to meet tomorrow night and since the Yice Chairman is here, maybe they would request [he city attorney to give them a legal opinion as to [heir authority, if you think that would be appropriate? Mayor Hovel l: I think [ita[ would be an excellent suggestion for the future, but I am not - exact7v certain that is n( am~ creel henrfit a[ 9:10 I'.M. trni2ht. Atlantic Beach Commission Special Meeting - March 16, 1987 15 exception for that. The only thing ve did vas grant license. Nov if [hey can't... is Mr. Fellows to interpret the law [hen, so that according to [he ruling of the City Attorney, [hey don't need any action by the i;ity Commission or any Board to issue [he permit...? Commissioner Gulliford: That is what the City Attorney said an hour or so earlier. Commissioner Cook: I am going to withdraw my second. If he declared it a nullity, then we have nothing to say about i[. Mr. Mullis: I would think the better approach, if you express the philosophy of the Commission xould be to make an amendments to the Ordinance Code to make it clear as to what authority the Community Development Board does have and let it go at that. Like you said earlier... Commissioner Cook: It is law, Claude. If the Supreme Court of the United States makes a ruling on a certain situation, does the Congress come along and pass a bill to say that we agree with the Supreme Court? Mr. Mullis: No, [hat's why I say I think ... Couuoi ssioner Cook: We don't lave to do that. Commissioner Gulliford: Did you withdraw your second? Commissioner Cook: Yes, sir. Commissioner Gulliford: Will you stop debating philosophy. Is anybody going to second Che motion for discussion? Pir. Mayor, are you going to recognize a second, or if it doesn't get seconded, does it in Eact, die for lack of a second? Mayor Howell: Well he has withdrawn. Your motion .. I would be very happy to second the motion if you will tell me what happens. That's all I want to know. Commissioner Gulliford: I can't debate a motion until it has been seconded, so I can'[ tell you what happens. Mayor Novell: I'll second the motion. Commissioner Gulliford: I think what Mr. Cook vas alluding to uas maybe a statement of philosophy. I am more concerned about that than the specifics of this situation with Mr. Morton. I just worry about them overstepping what I preceive to be their boundaries. That Super Board which ve have now that combines [he two. Mayor Ilovell: We11, I don'[ vans [o get into [hac, but [he Super Board has less power than the two previous Boards. Their powers have been limited. Commissioner Cook: In what way? Mayor Ilovell: Well prior to passage of this ordinance they were no[ restricted, according to the charter. Mr. Mullis: The Board of Adjustments had moth broader and more powers in making a final decision than the Community Derelopmen[ Board. Atlant it Beach Commission Special Meeting - March 16, 1987 14 Commissim~er Culliford stated he views Chis petition as Commissioner Morris was asking the Commission not recognize the decision of the Community Development Board. Mr. Mullis slated Chat in one place Commissioner Morris stated [he Doard did no[ have jurisdiction. Nezt to the last paragraph. Commissioner Culliford stated he vas not sure whether Commissioner Morris was asking the Commission since they do no[ have jurisdiction, asking [he Commission Co reverse the decision, or no[ recognize their decision. I do not know. You are [he attorney. Which would be more appropriate: no[ recognizing the decision they madei Okay, no[ recognizing the decision. It has not been seconded ye[ any way. Commissioner Cook stated Commissioner Morris asked for a reversal. Commissioner Morris replied that vas exactly right. Thai would be [he same as denying their authority to make the deli Sion. Commissionr Cook said no this would be recognizing their authority• We are saying [he decision [hey made has some validity. Mr. Mullis stated that vas the whole point he was trying to make. Commissioner Cock states that if it is our position Chat they don't have the power [o do that, Chen ve cannot reverse something Chey did not have the power to do. Ne ruled that it is a nullity, which means it had no bearing. Commissioner Morris asked where do they stand as far as off-street parking is concerned? Commissioner Cook stated the Commission is back to square one. Commissioner Gulliford stated the motion since it still has not been seconded is to not recognize their authority in the granting of off-street parking. Mrs. Tucker read Commissioner Culliford's motion: The Commission not recognize the Commissioner Morris asked the Mayor to excuse him a[ this point in the meeting. From this t all t ed i ores are tuned verbatim. Mayor Ilowell: Under discussion. Will you tell me what your motion does? If you don'[ Commissioner Gulliford: I don't see [hat it does any more than his ruling is. I guess it is some type of official act on the part of this body to say that you have over stepped your bounds and we don't like what you did. Mayor Bovell: Let's assume I Chink Mr. Fellovs...l think we are being extremely unfair to Mr. Fellows and the Building Department because T am going to be honest with you, if you are going to sit up here and say you don't recognize i[, what position is Mr. Fellows [o take when they come up here tomorrow or the next day, or whenever i[ is, to get a permit to start knocking out walls and one thing and the other, what is he going to do? The reason I made my comment on this last vote was Cha[ the exception ve were voting on vas to gran[ them license for alcoholic beverages, but in order to get [o meet the requirements, they must expand [heir seating to 150. We did not give them an Atlantic Beach Commission Special Meeting - March 16, 1987 13 Commissioner Gulliford stated he [hough[ that vas the point of their request. Mr. Mullis stated the Commission would be granting that right to engage in the Special Restaurant license authorized by Section 561.20 (Florida Statute), which is the only one applicable to the sale of alcoholic beverages 14% weight or more of a restaurant meeting [hose requirements of a restaurant with seating of 150 or more, and 2500 sq. ft. Commissioner Morris asked about the food service Mr. Mullis stated this vas included in the state statute. Commissioner Gulliford asked if he could call [he question and request a roll call vote. Mayor Hovell stated it would be by roll call. ~ We'll vote by roll call. Asked the Commissioners if they were ready for the question. Commissioner Cook: I once state) that my vole cast although I don't think a vote is needed. I don't Chink we have jurisdiction over [his. I vote - Aye Commissioner Edwards: P.ye Commissioner Gulliford: No Commissioner Morris: I am voting "NO" and am qualifying it hecause I feel the petition to appeal [he decision of the Community Development Board should have been a concern before [his vote vas cast. Mayor Ilowell: I am voting "Aye" on [he Lasis that what the exception ve are voting on is to whether or no[ they can serve alcoholic beverages providing they have met the requirements to expand to 150, and tt~e 2500 sq. ft. That is my opinion as [o what we are voting on. Mayor Hovell: What was [he vote? Three to two. The motion carries. Do we have anything else to ac[ on tonight? Commissioner Morris stated he would one more time like to have some action on this petition. What happens next time? does the Board have the authority to grant variances on parking? Old or nev? According [o the code, they do not. Commissioner Cook stated he did not feel they could not change the law. Whatever is in there will have to be interpreted by some legal body. We can change the law by ordinance, but through due process. As the law is written we cannot yass vi[ha vote and say it say anything. -Mr Fellows state after what he has heard tonight; bowever, [hat ve are going [o have to make a decision if anybody comes [o us with a request for business. or other things relative to parking requirements for buildings [hat were constructed prior to 1983, [he question of off-street parking is misleading. Commissioner Cook stated that would be unless the Commission passes another ordinance Commissioner Morris stated they may find this tested in court. hand act on Commissioner Gulliford moved to recognize Commissioner Morris pet if ion to reverse [he decision of the Community Development Board Chat was granted Co P.agtime for off-street parking variance. Atlantic Beach Commission Special Meeting - March 16, 1987 12 the enforcement of i[ has the right to offer any motion to direct [he administration as they see Fit. Mayor Howell requested the motion of Commissioner Gulliford be read. Mrs. Tucker read the motion as follows lmde by Commissioner Gulliford, with the approved addition from Mr. Mullis, Ci[y Attorney, for Lur [her clarification. >H~•~~~• Commissioner Gulliford moved to grant the request fur use by exception with the provisions that they would open after 5:00 P.M., they would landscape and provide lighting for the back lot and entrance, (hfr. Mullis) added: this license is not to be issued, the zoning not be certified until all provisions were complied with, and a special restaurant license as provided in Chapter 561.20 (Florida Statute). Commissioner Morris asked that a provision be placed in the motion [hat no alcoholic beverage be served over 14$ until after 5 o'clock. Commissioner Gulliford stated he did not think they could do that. Asked the attorney. Commissioner Cook said that theo[etically that will draw cars there while [he other businesses are still open. Commissioner Morris stated i[ vas already 4! spaces short. Commissioner Cook asked why aggravate [he problem? Commissioner Culli Eord, Mrs. Tucker you said "moved to act" and I believe it vas, "moved to grant their , geques[ for use by exception", correct? Mr. Mullis stated it vas correct. Mr. Felloxs asked Mrs. Tucker if she said 'back entrance lighting' or 'back entrance and lighting'? Mrs. Tucker stated she probably said 'back entrance lighting' but meant to say 'back entrance and lighting'. Commissioner Morris asked if the Fire Chief rules on any of [his expansion. Asked Tom Morton what the present seating capacity is. Mr. Morton asked if that was relevant. Coumissioner Morris asked what the allowable occupancy vas at Ragtime now? 100? Further discussion of the fire rating and the necessary inspections by Fire Marshal. Mayor Novell asked Commissioner Gulliford [o explain one thing in his motion. Commnissioner Gulliford stated he would Cry, but after the last hour he did no[ know. Mayor Howell said he understood exactly what he vas saying, but he vas a little confused on one point - you said to grant [he exception. Commissioner Gulliford said [o approve their req ues[ for the use by exception for what they applied for with those conditions. Mayor I:owell staled this is where he is confused. Asked if Conlin. Gulliford vas saying Chat his motion is (1) [o alloy them [o expand, (2) grant them [he exception as required under [hn ordinance for having [n come [o [he City Commission iC [heyvant to sell the Y Atlantic Beach Commission Special Meeting - March ]b, 1987 11 Mr. Morton arose to state that vas no[ a condition of [he lase variance and 'I am resenting it a little bit that someone is trying to make it sound like ve did not comply with it:. Commissioner Morris said he would be glad to read to Mr. hlorton from the minutes of April 18, 1985, with the Roard of Adjustments Members: PlacDonell, 6lanchard, Tassone, Kerber and Hovie. The motion for variance of Ragtime Tavern. Two variances requested. 20' set-back moved to 8~ R, so he could expand. No one spoke against the request. Hovie moved the request be granted, seconded Gy PlacDonell. PlacDonell staled [he older buildings were not built with provisions of parking storage & traffic circulation. I{e felt these tenants vere suffering some hardships in trying [o fit the configuration into the design. Vote carried 4-1, with Plr. Tassone voting against the request. The second request for variance vas for expansion of the facility his parking did not meet the requirements. 71e stated the majority of the business takes place after 5 P.M. when [he other establishments are closed and their parking spaces become available. The only parking is in the rear on FasC Coast Drive and the lot is usually half full. Mrs. Kerber felt the parking at the east side of the building should be changed [o parallel parking [o help eliminate some of the congestion in the area. PlacDonell said [hey should have a directional sign indicating off-street parking vas located at rear. Mr. Morton assured hor there wou]A he lighting at the rear of Chc building. There being no one else speak on [he request Mrs. Kerber motioned the request be approved subject to the parking be marked for parallel parking rather Chan angle parking and thac Mr. Morton guide his customers to the rear of the building [o oft-street parking. fioxie seconded.4-1. Mr. Tassone voted against the motion. There vere some assurances [here would Ge lighting thn_re. Commissioner Cook stated [hat it boils down to what is sufficient lighting. It does no[ say. Commissioner Morris asked Mr. Morton [o tell the Commissioners. Mr. Morton stated there were street lights and stated he has lights up at the back of their building. This is a technicality and he stated he would not deny that tie said that. The intention vas that they xould do things [o improve the building, and I resent the tone that is coming out of the city that ve tried [o trick the city.with our variance. Commissioner Morris stated that he apologized if he gave him that impression. That vas not my intention. All I am saying is that you said you would, but you didn't. Mayor Howell stated they had a motion and a second. Do you want to add anything about the fact that [he zoning is not to be certified [o the state alcohol beverage permit until the requirements hereto are me[. Commissioner Culliford stated he did not van[ [o add anything to it. If somebody else wanted to address [ha[ in another motion. Commissioner Morris stated he wondered about putting tails on the donkey after he is gone doesn't work. Commissioner Culliford chat kind of [ails are we talking about? Commissioner Morris stated that doing goodies after the fact doesn't work. Atlantic Beach Commission Special Meeting - March 16, 1987 lU Mayor Howell slated it says 'it is allowable in that zoning area'. Commissioner Morris stated the Commission vas getting ready to set a precedent. Mayor llovell stated they were not. Commissioner Morris stated [hey were. Mayor Novell said they were not. That was his (Commissioner Morris) opinion, not mine. Commissioner Morris stated [ha[ vas vha. the book says. Mayor Howell stated that wa., Commissioner Morris interpretation. Mr. Mullis stated when you put [I:e conditions on the exception, another alternative you have is to bring proceedings [o rescind those actions if they don't meet the requirements of the exception. Commissioner Piorris stated that is already in [he code. They are already in violation of the code. Mr. Mulli/Irasy the right [o rescind the granting of the exception, but the City cannot just close them down. Commissioner Morris asked vha[ do you have to do to do that? File a petition? Mayor Nowell stated you could revoke [heir license. Mr. Mullis stated you could file a petition with the Commi ssion.On [he granting of an exception you have conditions on the exception that you have Che authority to support [he conditions of [he exception. Commissioner Morris stated he still had a problem with hov he toad sidestep [his petition and take [hat action. I[ is a serious problem. Commissioner Cook asked hov [hey could be sure [he conditions placed on the Ragtime exception would be adhered to [his time? Mr. Mullis stated [hey could instruct the Ci[y Manager to bring it to the attention of [he Board within a certain number of months if you gran[ the exception - to rescind [he action of the Commission by not giving them the exception. Mayor Howell asked how about not certifying to the state that they have now met the zoning until those things are met, as part of the motion. Did you add anything about a surety bond. Mr. Mullis stated Cha[ wtren ysr pass any action with certain conditions you expect [he adminis Cation and others to see the law is complied with. Commissioner Cook stated this is part of what Mr. Morris is concerned about [ha[ they did not comply with the REQUIREMF.NTB AS UU7LINEU NITFi TiIEIR PRIOR EXCEPTION. Commissioner Gulliford stated the surety bond could be addressed when it is finally passed. Atlantic Beach Commission Special Meeting - March 16, 1987 9 o'clock in the evening, that they landscape the parking lot, that they provide lighting in the parking lot, [hat they provide a vi siLle back entrance that is not hidden in order to encourage [he people [o go to that lot and park. Mr. Mullis stated he would suggest that what you are doing does not apply to someone else down the road, it is a special restaurant license exception authorised by Florida Statute Section 561.20, the sale for consumption would not be alloued until after 5:00 P.M., and the license would not be issued until the facility has seating capacity of 150 patrons and 2500 sq. ft. Commissioner Gullifnrd agreed to the addition to his motion of the above addition by Mr. Mullis. Commissioner Cook seconded the motion. Commissioner Morris stated he would like to call to the attention of the Commission that in 1985 Ragtime vas given the opportunity to expand based on certain conditions they did not meet. One was Che lighting of the parking lot and directing the traffic to the lo[ then. What is going to assure us [hey are going to do i[ this time". Mr. Fellows stated they would put up a bond. Commissioner Morris called [he attention of the Commission [o a variety of petitions that have been turned in with people speaking against this because of the traffic and parking. Commissioner Cook asked who vas supposed to see that they adhered to these requirements on the prior expansion? Who from the city is supposed to follouup on this for the city? The Building Department was the answer from several voices. Commissioner Morris stated that according [o the code when they don't meet these variance restrictions they are in violation. Commissioner Cook stated he agreed with Commissioner Morris and they should have lived up [o the requirements. Mayor Howell asked [he attorney, Mr. Mullis, if the city could ask some kind of bond.. Mr. Hullis stated [hat in this particular case that you could not approve the certificate of zoning until the requirements are met as far as applying for the beverage license; or, you could require a surety bond or insist [he restrictions have been met like the con- struction things. Mr. Fellows stated this xould be just like the City requires on construction units, as letter of credit or a bond. Mr. Mullis stated [he letter of credit would be probably easier for them and would be better for [he city, more protection too. Mr. Fellows stated the city can call the letter of credit and have [he necesscry items completed. Commissioner Morris stated that if [his request goes through they xould have established a use [hat would be otherwise prohibited in the city. That is in the code. Hayor Howell stated the use of the property is for a restaurant. Is that correct? Does the zoning code say in [hat zone is a restaurant allowable? Atlantic Beach Commission Special Meeting - March 16, 1987 $ request. That is a recommendation to this body to act. The action they took as a variance does no[ require this Board's action; however, I am appealing that. Commissioner Culliford stated that even if they had not taken that action, as Claude (Mr. Mullis) said they really should not have done, they would have still have come to us for a use by exception, which by that action would have been totally independent of anything they acted upon. Mr. Louis hiacUonell asked, member of the Community Uevelopment Board, if someone else came into Atlantic Reach and wanted to rent that building (Ragtime) for a restaurant and came to City Hall for an occupational license, would the new tenant be granted a license? Mayor Nowell and the City Attorney, Mr. Mullis, and others answered yes. Another general discussion folloxed with Commissioner Morris pointing out again that any business, restaurant or whatever, that expanded would be expecteA to furnish some of the amenities like additional lighting and paved parking areas, etc. Commissioner Cook restated that we all have to operate under the existing law. If ve want to change it, then that can be done: but, until then, we operate under the present. The discussion continued with someone in the audience speaking, but not clearly enough Co be understood. Mayor Howell stated he wanted to get something straight before Commissioner Morris started to leave the meeting. Commissioner Gulliford stated the primary reason for ac[iens by Che Commission is the vellbeirg of our citizens and if there is a conflict where that use is not compatible with the wellbeing of the citizens or situation in the adjacent neighborhood, then I am going [o be voting with the citizens and net with the commercial venture because I feel that is my obligation to do so. That is why I was hitting Claude on the criteria. Then, ve do back to the criteria and the consideration - then consider the parking, the congestion and other things, throughout the area. Commissioner Cook stated he did not see the Commission as sitting there making laws. They are there to vote for the law the way it is written. We cannot make lays just because of a whim that has come along. The law is the law. Commissioner Gulliford stated that they were not making laws, but [hey were alloyed a certain amount of discretion. When the law states [he Commission can rule on a use by exception [hen they are within the guidelines of the law. Otherwise, ve would just say here is the law and you live by i[. Commissioner Cook stated there is no further use since there's so .much congestion now there is no place [o park. If they cannot park they leave. Mayor ilowell stated they would go somewhere else iE there was no place to park. Commissioner Culliford stated he disagreed with that because he lives in that area, and in the summer I see infringement in front of peoples houses down Ocean Blvd. and I know [his is going to happen. Everybody is going to say that is city right-away, and you are right it is city right-away, but some peoples property is infringed on. The people tome in here and complain the visitors are parking in their driveways. Commissioner Gulliford moved that we act on the request for use by exception and stop tbn chi sp nr I,.ha' ..;,i, H„- .~ .~, ~, ;,.~.: tl,.n ~~, n ~~ rv.r „r.n thr , i-~n d,,,l , ..., _,.til Sinn Atlantic Beach Commission 7 Special Meeting - March 16, 1987 Mayor Howell asked what Commissioner Morris vas stating or what he vas asking. Commissioner Morris is petitioning to aPPeal the decision of the Community Development Board seeking a reversal of the variance granted for off-street parking at Ragtime. Mayor Howell stated that Commissioner Morris is Challenging their authority to grant a variance for the number of parking spaces under ordinance no. 24-161. Commissioner Morris stated the answer was no, it was under 24-49, amended by 90-87-117, who stated' he understood what Playor Rowell was trying [o do, but he vas not going to fall into that Crap. Mayor Howell stated that whether Coruoissioner Morris liked the ruling or not of the City Attorney the Commission has noone else [o turn to. The Ci[y Attorney has ruled, if the Mayor's hearing vas correct, that the off-street parking requirements do not apply to existing building, as stated in 24-161. IL vas in existence at the time the zoning law was passed. This building was. If [ha[ is correct their whole action becomes moot, but the next question is this: If they walked up tomorrow to get a building permit, is the building department going [o issue it to [hem or are they going to have to take the matter to court? Commissioner Morris continued with - or is [he Building Department going to tell them how many spaces [hey are going to be required to have? Commissioner Cook restated that [his has been declared irrelevant. Commissioner Edwards stated this was his understanding too. Mayor tlovell stated that whether they like it or not that is what the City Attorney has said, and Commissioner Morris could argue from now until doomsday. Commissioner Morris stated then the Commission should vote on tiie petition, and then be prepared for any business that wants [o oper. in any building to say yell I am not going to need any off-street parking requirements because that is what you are saying. Mayor Howell stated [his vas not what [hey were saying. Did you hear what the City Attorney said - any building in existence? This vas for any building in existence prior to [he passage of the ordinance in 1983, You cannot construe Chat to mean any building in [he city because there have been many of them boil[ in the city after July, 1983. Covmissioner Morris stated there have been several that have been built prior to that Mayor Novell stated that vas correct. There vas a general discussion of the entire matter once more with reference to [he petition presented by Commi ssianer Morris. Commissioner Morris read the action taken by the Community Development Board on Feb.17, 1987. The Board considered and approved an application for variance for [he parking requirements for Ragtime, at the corner of Atlantic Boulevard and Orean Boulevard which would permit expansion into the adjacent unit and [he additional 50 seats. The variance was issued contingent upon hours of the new addition being opened from 5:00 P.M. until legal closing time, [hat a rear entrance be constructed, and [hat the rear parking lot be lighted and landscaped as indicated in [heir plans. Ynu all won't have to do, according to Mr. Mullis, any oC that lighting and landscaping because parking does not count. The Board also considered application Gy Ragtime to expand their current beer and wine license fn inrlndr !iii nn-nr~micrs rnn=nr nrinn n( li~onr. ?'hr Pnn rrl rrrnmmrnds _ ~~."'1 n( the s Atlantic Beach Commission Special Meeting - March 16, 1987 6 Mayor Ilovell asked htr. Mullis how [he Commission could handle the petition. Mr. Mullis stated under the circumstances the Commission could vote it up or down. Commissioner Gull iford vas concerned about Commissioner Morris offering not to vote after he was [he person presenting the petition to the Commission on the authority of the Community Development Board's decision. Commissioner Morris stated he had had Plr. Fellows contact Mr. Mullis regarding the possibility of having Michele's (Mrs. Morris) name placed on the petition, but he elected nut to do Chat simply because it required one action and that was to nullify by recognizing [he Community Development Board's action vas illegal in granting a variance for parking. Mr. Mullis said at one point in time that is correct. There vas a nullity in their ac Ginn. I want it substantiated by a vote of [his Commission. Based on Claude's advice I'll vote, I will or won't. }{is contention vas that you cannot act as judge and jury ... Mr. Mullis interjected, "and prosecutor". Commissioner Morris stated based on that he could not vote on the matter. Mayor Ilovell stated he had something he wanted cleared up before Commissioner Morris left the meeting. Ilis understanding of a public body of the treat State of Florida could not refuse to vole if present. He is here and he cannot refuse to vote. It cannot be a conflict of interest because he has no gain out of it. Mr. Mullis gave his opinion as ro xhether Commissioner Morris would have a problem as to ethics by voting and who would give this ruling. f{e vent on to state that it would be repugnant to an}•one's sense of justice to alloy someone [o sit as a grand juror and bring the charges against someone and have it repealed. !{e related some instances where the Commissioner on Ethics in Tallahassee had to rule on cases in recent weeks ir. the City of St. Augustine. He staled Mr. Morris had [o search his conscious and determine whether he can make a just and fair decision, but as far as telling trim whether he has a conflict of interest, he would have to decide that himself. Commissioner Morris stated he does not have a conflict of interest. t{e did say he could absence himself from the meeting. Commissioner Cook stated he xas Cold several years ago he had [o declare a conflict and he could no[ vote. Then, they changed Che law and said you must vote whether you have a conflict or not. Mr. Mullis said the law bad been changed and that iE you have a conflict you are not supposed to vote and neither are you to participate in the deliberations. If you have a conflict of interest is it a conflict, is what Che}• say... Commissioner Cook asked how could he not express his opinion? Mr. Mullis stated if you have a conflict of interest you cannot try to inf7.uence [he other fellow or the elcted of Cicials or other members of the board. Mayor Howell said he wanted to state where he thought [hey all stood at Chat moment. Mr. Morris is challenging the right of [he Community Uevelopment Board to gran[ a variance [o Ragtime to expand with in Che walls of that existing building, and/or allow a variance in the packing requirements. . .. ~ :x+.. ... Atlantic Beach Commission Special Meeting - March 16, 1987 5 Commissioner Culliford stated he agreedwith Commissioner Morris char this ordinance does need to be amended in order that the future requests will apply to no[ only new construction but also to major renovation of any existing Luilding in order to allow this Commission some options as this city becomes more dense. It was understood the Commission was asked to act on a use by exception at the last meeting, vas tl~is not Correct? What criteria do I use or any other Commissioner use on voting for that exception? It was stated this was not a parking consideration. Nhat is [he criteria for a vote on this consideration? Mr. Mullis stated the Criteria would be whether you would consider an exception that would be compatible with [tie characteristics of the nature in al loving [he sale of alcoholic beverages in a restaurant and lounge of this type that me[ the requirements of state law as being unique and authorized use of their property. As far as the use,when you authorize the use of something in a particular classification in those areas, as long as the property is zoned correctly there is wherein they would be entitled [o a building permit if [hey comply with those things. Now in this particular thing, the exception is solely in [he increase in the capacity of the facility to take care of [he 150 patrons to be seated at the tables and complies with the other special provisions of restaurants. 561.20 Florida Statute for restaurants with sale of alcoholic beverages - this is a special restaurant license under the state law, passed in 1955. Mayor Howell stated that the state licensing o[Cice could call City Hall, ask tlrs. Tucker if this business is properly zoned, io which she replies they are, with an exception. The state will not issue Che license because the city does not allow the exception, and the business peoplego to court. Commissioner Cook brought out the fact the property cu Loth sides of Che street is owned by [ha same people, and they were willing to pave the lot next [o Pixie Cleaners. Commissioner Gul liford vas concerned about the source of this statement. Commissioner Cook asked if [his were not the informs [inn furnished by Mr. Silver, of Silver's drug, Neptune Beath, Co which Mr. Silver replied this vas right. This vas [he information furnished to someone else in [he meeting (voice not known). Commissioner Gul liford stated he wanted to go back to the question asked of Mr. Mullis earlier. The criteria for the vote the use by exception is before the Commission is that the compatibility of this business with adjacent neighborhood. Then, how on God's green earth could parking not be a part of [hat consideration? If you are asking me to establish a criteria as to its compatibility in the neighborhood and the area surrounding it, the firs[ question that comes [o mind is what creates intompati bili[y and what could potentially create incompatibility? Everybody recognizes it is very congested and very dense in Che summer particularly. Zn my mind that is incompatible. Commissioner Cook asked if the Commission was going to have any restrictions in this exception? Mayor Novell stated the Board of Adjustment and the Commun i[y Development Board agreed also that this new expansion could not be open until 5:00 P. M, for use, and [his vas also agreed to by the other business people in that area. Commissioner Morris asked why vas that? Mayor Iiowell asked of the Ci[y Attorney what action should be taken on Mr. "lorris petition? h Atlantic Beach Commission Special Meeting - March 16, 1987 4 Commissioner Cook stated it vas his understanding the building was there and the vay the law reads they are able tc rent [he building or do anything they want to do with it. Mr. Mullis stated as far as the off-street parking was concerned, yes. Commissioner Cook asked if [his vas correct, [o which the attorney answered he was correct. Commissioner Morris asked if this applied to all businesses, to which the attorney stated [his vas true as far as the off-street parking was concerned. If it is demolished, if it is destroyed, then i[ has to conform. Commissioner Culliford asked vhe[her the building existence was being recognized or the business existence being recognized? The points brought up by Commissioner Morris were valid about [his Boar) out [here, not specifically about this specific variance. Be is concerned about the things this Board appears to be empowered to gran[. The liquor license did not concern as much as the powers of the Roard. Mr. Mullis stated under the present zoning code stated the Commission could place certain restrictions on use by exception. Slate statutes will allow certain businesses to have liquor licenses. The Commission could place certain restrictions on the Community Development Board; this board can be made advisory. Commissioner Morris stated [he Commission had only addressed [he "A" portion of his petition. Ile named other businesses [ha[ had been required Co adhere to the provisions of [he code. He was still concerned whether or no[ the Coum:unity Development Board had the authority to sake the action they did on [he particular request. Mr. Mullis stated i[ was a nullity. It was not authorized. Commissioner Morris stated then ve assume [heir action was nullified. Commissioner Edwards-an exception to be considered for [he parking? Mr. Mullis stated they had an exception before them for the liquor license. There vas a general discussion among the Commissioners as to whether or not they were required to vote at all based on the information furnished by the City A[[orney, Mr. Mullis Mayor Ilovoll iutcrvmwJ at this point and stated the business people had requested a vote of [he Commission on their request for expansion of their business space to serve 150 patrons from Che present 100 seating spaces. The question requires a vote for the expansion or against the request for expansion, rather than delay on a nitpicking point. Commissioner Morris stated he though[ a 33R expansion. to serve 150 patrons, with 41 space shortage, 75 spaces required,is noc 3 n3tp1ek3ng matter. Commissioner Cook stated it was understood Mr. Mullis had stated they did not have to hate a vote of the Commission at this point. Another general discussion of requirements a[ this point for the Commission. Atlantic BFach Commission Special Meeting - Plarch 16, 1987 3 grant a variance for off-street parking. There is no way regardless of how many variances you grant that anybody that is in a present structure has zero lot line as you have here, could meet the off-street parking ordinance. Commissioner Morris asked where the attorney (Nr. Mullis) was gathering his definition in the code on area. Mr. Mullis restated the example given earlier regarding the Sea Turtle Restaurant and motel. Stated [he number of spaces required and the present offstreet requirements. Mayor Howell intervened at this point. Commissioner Morris stated he was waiting for a legal opinion on this matter Mayor }lovell stated thae Mr. Mullis stated that there is no requirements for parking on existing buildings. Mr. Mullis stated at Che time of passage of the off-street parking ordinance. Commissioner Morris stacad that does away with 24-161, is Chat what is being said? Mr. Mullis stated no but for structures that were in exi stance at [he time the ordinance vas enacted, It says [hat minimum off-street parking shall be provided at the time of construction of any main building. That contemplates that certain people could no way meet the off-street parking requirements at the time of the passage of the off-street parking ordinance. Commissioner wanted [o know if the tail vas wagging the dog, or [he dog wagging [he tail? Mr. Mullis re-stated the certain property rights every cne has in this country and stated he knew Commissioner Morris recognized [hem. Mayor Movell intervened and asked if Mr. Mullis had said they did not have the authority to grant an exception, and this could be, and [hey granted a variance, and it should be an exception, are you saying that you want [he whole thing to go back to the }bard and have [hem and have it come forward as an exception; or, are you ready to vote tonight on the "exception"? Commissioner Morris stated as it stands now, the Commission has nothing to say about the off-street parking. Commissioner Cook stated [here were two different things being consfdered here. Mayor Noxell said they did have something to say about it. Any Commissi0det coultl JO[a it down for the liquor license. Commissioner Morris stated this would still allow Ctrem to still expand and the 150 seats. What he wes saying vas their action xas illegal. They did not have the Code [o back them up on [ha[ action. Commissioner Cook stated [here is one thing they need Co decide is whether the Board had the right to do what [hey did on this situation or any situation. If [he Ci[y Attorney was understood by all present, the Commission did not have have anything to say about it env vav. Atlantic Beach Commission Special t•Ieeting - March 16, 1987 2 this just so happens to be bars and restaurants. In order far us to consider any appeal action under the old ordinance it had to go to court, nov we at least have the vehicle [hat come before the Commission before these embarrassing things are done like taking i[ [o court of law, and to read you Item 3, under Chapter 24_37 Appeals of the Decision of the Community Development Board: An}• person or jointly or several agreed by any decision of the Community Development Board --- (quoted from Che Atlantic Reach Code). Mr. Mullis stated he shared Commissioner Morris views of the off-street parking. They may not share the same reasons for having those reservations, but the review of this particular variance, if one could be granted by [he Community Development Board, and he had some reservations about that being possible or is necessary to be done. He stated he knew of no building that is in existence nov that could meet Che requirecents that vas in existence in 1982 when the off street parking provision was adopted [hat could meet [he off-street parking provision if they put an addition on the property. A good example would be [he Sea Turtle. You require in the off-street parking reyuirements for a restaurant or lounge that there be one parking space for each [vo seats. A motel or hotel in addition to [hose has to have one parking space for each room, and it would appear to me that it would be unconscionable for a court [o retroactively enforce on existing structures off-street parking requirements at the time of the passage of Che off-street parking requirements because of private property rights [hat you have. Believe [hat you recognize that when you passed the oft-street parking requirements because in 24-161 of the ordinance code, the off-street parking requirements shall be provided at the time of the construction of the main building. Tt would appear there are no legal require- ments to comply with off-street parking requirements. {lad dinner Conigt+t at the Rite Spo[, and just happened to roan[ Che number of chairs in there. The}' would need, if they put on an addition, it does not matter how small, it would reyuire 88 parking spaces. In viewing the Ragtime situation down here, there would be no way they could conform to [he off-street parking requirements. Commissioner Morris stated they would be reyuired to have the 88 parking spaces or request a use by exception to waive it, and in [hat instance i[ would become a use by exception for [he old Planning Board or the Communi t}• Development Board, would be reviewed, recommended and passed on to this body, the Commission for final review, recommendation, change or against. That is [he essence of my appeal. That is a procedural appeal. Mr. Mullis stated perhaps he was not making himself clear. 8e further stated he did no[ believe [hat the law requires a present structure any time an alteration is made that vas in existence at the time the off-street parking requirements were passed that you have any off-street parking requirements. Commissioner Morris stated we need to change our code. Mr. Mullis advised that could be done if you make it retroactive. Coounissioner Morris asked u the Commission vas going to allow the Community Development Board [o grant variances on parking without ever coming before [his Commission, or are ve going [o require Chat variances that take [he form of use by exception and come to this Commission with [heir recommendations for [his Commission Co decide ultimately. That is the essence of the petition. Mr. Mullis stated in that respect whether [he Board of Adjustment or the Conununity Development Board now has jurisd is tinn to grant off-street Parking, the only possible language that you could hang your t+at on would be a variance that would be as [o area. If you have 0-lot line, then you don't have variance [o area so would share your views as [o Board of Adjustment, er now U+e Community Development Roa nl, being authorized [o MINUTES OF TBE SPECIAL CALLED MEE'1'1NC OF TIIE ATLANTIC BEACH CITY COPAII SSION HELD AT CITY HALL ON MONDAY, MARCiI 16, 1987, ar 7:00 P.M. Mayor Howell called the meeting to order a[ 7:00 Y.M. for the purpose of considering the additional questions Commissioner Norris wanted clarified en [he Ragtime Restau- rant request to upgrade their current license to be able [o sen•e distilled spirits. This meeting is not a continuing the Public Ilearing, which was closed, but would receive a report from the City Attorney and further discussion among the other members of [he City Commission. Nayor Nowell recognized Commissioner Morris at this point. Commissioner Morris presented the Commission with a petition he had typed having to do with the decision of the Community Development Board and he was seeking a reversal on the variance granted on the off-street parking. I think it is proper and I would like to make one correction. I[ is the ordinance number that amended section 24-49, it is 90-87-117 and not 90-67-115, as vas in my agenda package for the one meeting I missed. The disuussion continued as to the balance of powers between the boards and the City Commission. The granting of a variance from parking should take the form of use by - exception thereby alloying the Commission, not [he board, to take [he final action on it. That vas not what vas done, so I respectfully submit this petition with the reasons outlined that it is illegal. Mayor Ilowell stated that he believed Commissioner Morris agreed that it was a legal question. Commissioner Morris agreed it was a legal question. Mayor Howell asked the City Attarney (Plr. Mullis) iC he was ready to give a legal Opinion at [his time. Mr. Mullis asked if this vas on the decision of [he Community Development Board on the variance only? Commissioner Morris stated [he matter of the decision on the variance by [he Community Development Board was the question. This is a procedural petition that is offered to the Commission. Mr. Mullis stated this is a little bit unusual for a person who is a member of a political body who is acting on a quasi-judicial policy to hear an appeal on a peti ti o: filed by one of the members who will be voting un that particular petition; and, the second thing that would give me a little concern, of course, is whether or not [he procedure followed is [he one required in order [o give due process of law as far as [he notice requirements are Concerned in taking an appeal from a decision of the Community Development Board to the City Commission, and that is giving everybody notice that i[ is going Co be Dresented; and I don't know, the ordinance, in reviewing it, does no[ seem [o be clear as to when you would act on a petition silting as an appeals board on a decision of the Community Development Board Gu[ for reasons of fair play and justice demanded that you give certain procedural aspects and give notice [o the other people that such is going to be considered. I don't know when you set [he meeting for tonight whether you gave notice [hat such would be considered at this particular meeting, including the people [hat are concerned with it. Those are some observations as to the Ching before Che Commission tonight would be solely the question of the exception. Commissioner Morris stated the concerns he had were the Community Development Board took action as a variance [hat does not require the Commis Hioh approopl. They have done this before, and as mentioned in [he appeal I do not recognize the action they took before. As far as to how it applies to the Offstree[ parking requirements, for whatever reason, 1. Granted a variance Co Lawrence R. and Lillie T. Bowers reducing the rear yard setback due [o hardship caused by the nature of [he land; 2. Granted a variance to William Pennell for a seven and one-half foot side yard instead of [he ten foot side yard on property in Section H on West Eigh [Ii Street; 3. Denied a varfance [o Hugh Carithers, Jr., on properly located a[ 659 Ocean Boulevard as [he hardship appeared [o be self-imposed; 4. Approved a variance to Robert Killey [o construct an addl[ion to an existing house and [o deviace 1.6 feet from the required side yard total of fifteen feet due [o hardship; 5. Approved in concept the Planned Unit Development known as Selva Links ide by a 3 - 2 vote with two members of [he board abscafning due to con Elic[ of interest. The Selva Linkside development will be presented [o [he Ci[y Commission on first reading Honday nigh[. o We have been able [o work out an arrangement with [be company [hat furnishes uniforms for our employees so that we can, if you will pardon Che expression, "color code" [he various activities of the Ci[y by [he color of [heir uniform. Sanitation workers vbo pick up [he garbage etc., will be in brown, Public Works people whn work [tie streets and parks will be in green, and water and sewer people will continue tc wear The blue which they have. We thought you might wan[ robe aware of [his in case you are asked a question about someone seeing a "little man in green". . o AC the equalization hearing Honday two weeks ago, Jerry Eckert vas instructed [o revise the figures for parcels on which questions had been raised and [o come back with a recommendation relative [o how [he '~ engineering fitm planned [o handle odd-shaped lots and larger parcels. He will be prepared [o make his report Honday. There is quite a divergence of opinion on how [he larger parcels should be handled and unless he is able [o develop some acceptable method over [he weekend he probably will ask the CI[y Commission [o delay any further decisions or actions in regards [o the Special Assessment program un [il the first meeting ir. Ap rf 1. o We have [vo Ordinances up for public hearing. One is an Ordinance to provide [ha[ applications for exceptions must be considered during a public hearing before [I~e Community Development Board, and the ocher Ord inante is an Ordinance treating a new Chapter 8 in the City Code Co take Sn[o account the new regulations in regards to national flood insu rante. CITY OF >~aKYie $eac! - ~lacida March 20, 1987 ]I6 UCEAN BOULEVARD P.O. BO%26 ATLANTIC BEACN,FLORB)A a229a TELEPHONE 19011 2~42aes To: The Ronorable Mayor and City Commissioners From: Richard C. Fellows, Ciry Manager ~~ Subj ec[: STATUS REPORT o Johnson Properties, Inc., developers of Snug Marbor, have furnished the City with [he necessary documents to support their request for the CS[y to accept these improvements for Ci[y maintenance. o The intersection improvements at Plaza and Mayport Road have been cumpl ctcJ auJ have Leon Lispected by City personnel. The Engineers, Connelly and Wicker, have certified the proj ec[ substantially complete and have requested the City make final payment. We would ask the City Commission [o accept [he improvements and authorize payment [o [he con[rac for in the amount of $16,200.00 o George Bull, Jr., has asked to appear before the Ci[y Commission on Monday nigh[ to discuss a proposed use of his property on Eleventh Street, and In that zega[d you will find enclosed documentation upon which his presentation will be based. o Bids will be received on the preposed new Public Safety building for [he City of Atlantic Beach on April 7, 1987. The bids will be tabulated, evaluated, and recovmenda[SOns formed to present to [he Cicy Commission at its regular meeting on April 13. When construction gets under way all of the police cars and other vehicles parked behind the current building will have to move into the parking area a[ Russell Park. I[ is our opinion [hat with [his increased parking, tl~e enormous use which the parking lot is now receiving because of the Increased interest in recreation, the lot should be hard surfaced. The water [able is very high in this particular area and consequently, if we leave the lot in its current condition, it will shortly turn into a terrible mud hole. Connelly and Wicker have furnished us with a proposal to prepare [he necessary plans and specifications for the lo[ for a fee of $7,100.00. This will be an agenda item for Honday night. o The Community Development Board met on March 17, 1587 and took the following actions: PAGE ELEVEN MINUTES ._ MARCH 9, 19B7 8. B. - continued f ~ Mo [ion: Accept Lakes of Mayport water and sewer improvements, in- clud ing Basemen[ and bill of sale. No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * R * * * k * * * R 9. Item taken up earlier on the agenda. 10. Miscellaneous Commissioner Cook asked if i[ would 6e possible [o hold some meetings [o answer questions on Section N and have Mr. Weachers, Mr. Eckert, am [he Ci[y Attorney present He suggested the city send notices to the property owners invi [ing them [o come [o C1 [y hall. Notion: Take the necessary steps to prepare mailing labels and notices, and ask the Ci [y Manager to contact [hose people to set up not one, but possibly two dates in [he immediate future. No discussion before the vo [e. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * R * * * lir. Fellows reported [vo meetings ago the city accepted an offer from [he Department of Community Affairs for $4,200 in reserve planning funds. He reques [ed authority [o execute [he agreement. Tb [ion: Authorize [he Ci [y Manaper to execute the agreement with [he Ucpartmeu[ oC Cmmnunlty A[falrs on behalf of tl~e city in [he amount of $4,200.00. No discussion before [he vote. lfo Lion carried unanimously. * * * * * * x * * * * * * * * * * * * * * * * * * * * * * Mayor Howell advised [ha[ he, Commission Edwards, Mr. Mullis, and [he Mayor of Baldwin appeared before the Duval Delegation to discuss [he anti-annexation bill introduced by Senator Girardeau. The Delega*_fon voted not [o pass the bill. There being no other business [o come before [he Commission, [he Mayor declared [he meeting adjourned at 11:10 p.m. ~: William S. Novell ATTEST: Mayor/Presiding Officer 4delaide R. Tucker City Clerk NAME OF COMMRS. M S V Y I V N'I Cook x Edwards x x Gul liford x x Rowell x I Cook x x Edwards x Culliford x x Howell x Conk x Edwards r. x Gul liford x x Howell x PACE TEN MLNULES FIARCH 9, 1967 7. 8. - continued ' Motion: Passage of Ordinance No. 25-87-20 on firs[ reading. No discussion before [he vote. Mo [ion carried unanimously. *tayor Howell se[ the Public Ilearing for March 23, 1987. * * * * * * * * * * * * * * * * * * * * £ * £ * * * * * * * 7. C. Ordinance No. 90-87-117 - Public I{earlnR and final reading AN ORDINANCE MUiNUING THE ORDINANCE CODE OF THF. CITY OF ATLANTIC BEACN FLORIDA; AMENDING CHAPTER 24, SECTION 24-17, TO RE-DEFINE PLANNI NC AGE, AND VARIANCE TO ELIMINATE REFERENCE TO THE ADVISORY PLANNING BOARD AND BOARD OP ADJUSTMENT; AMENDING SECTION 24-ln 7, SUBPARAGRAPH 6 AND 10 TD REPLACE THE 80ARD OF ADJUSTMENT WLTH THE COFPNN ITY UEVELOP.MENT BOARD; AMENDING SECTION 24-48 TO PROVIDE THE COlRNNITY DEVELOPMENT BOARD AS TI LOCAL PLANNING AGENCY; AMENDING SECTION 24-49 TO REPF.AI. THE PROVISIONS ItAVINC TO UO WITH THE BOARD OF AUJUSI'lHiNT AND SETTING FORTH THE POWERS AND DUTIES OF iNE COMMUNITY llEVELOPMENT BOARD AS PROVIDED FOR IN CI{APTI 14 OF THE CODE; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-1I7 on final reading. Said Ordinance was posted in Line with Charter require- ` cents. The Mayor opened [he floor fora Public I{earing and invited comments from the audience. As no one spoke Eor or against. the Mayor declared the Public Hearing closed. Mo [loo: Passage of Ordinance No. 90-87-117 on Eiral real ing. No discussion before the vote. Motion carried unanimously. * * * * * * £ k * * * * * * * * * * £ * * * * * * * * * * * £ * 8. Action by [he Ci[y Commission [o accept for maintenance public facilities improvemen [s in [he following pro iec[s: A. John Tsai vacer and sever improvements on Ifibiscus St.. sub iec[ [o receipt of warranty bond. 1h'. Fellows reported receipt of all the documentation on [he improve- ments with exception of the maintenance bond. Motion: Accept John Tsai vacer and sewer imp rovemen[s on Hibiscus S[., subject [o receipt of warranty bond. 7o discussion before [he vote. Motion carried unanimously. B. Lakes of Maypor[ water and sewer improvements including easement and Sill of sale. Mr. Fellows reported Lakes of Mayport vas Sn the Buccaneer Dis [rict and were in a deve hper agreement that did no[ require a maintenance bond. He had received all other documentation. NAME OF COMMAS. M S V Y V N Cook x Edwards x x Cu1lf Eord s % Novell x 1 Y I' Cook x x Edwards x Gulliford x x Howell x Cook x Edwards x x Gulliford x x Novell x PAGE NINE ( MINUTES MARCH 9,1987 5. A. - continued Amended Notion: Defer action on llr. Morton's request for an exception until a Special Mee[Lig nett Pbnday night, March 16, 1987, called for [he purpose of discussing the request. No discussion before Che vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell asked [hat item 9A - Action on Resolution 87-9 be moved up. He suggested in as much as they had already advised [he Engineers [o come back a[ the next meeting with [he various adjust- ments brought up [hat nigh[, plus any [ha[ will come up in Che nett few days, [ha[ Resolution N0. 87-9 be passed over. Motion: Defer action on Resolution No. 8J-9 until the next regular meeting on March 23, 1987. No discussion before the vote. Motion carried unanimously. * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Action on Ordinances A. Ordinance No. 90-87-118 - First Reading AN ORDINANCE A1fENDI NG THE ORDINANCE COUE OF T11E CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAP?ER 24 ARTICLE. III, DIVISION 3, SECTION 24-63, SUBPARAGRAPH (3) TO PROVIDE FOR A PUBLIC HF.ARINC BEFORE THE PINNING AGENCY (COMMUNITY DEVELOPMENT BOARD) ON APPLLCATIONS FOR EACEPT IONS; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance No. 90-87-118 in full, in writing, on first reading. Motion: Passage of Ordinance No. 90-87-118 on firs[ reading. No discussion before [he vote. Notion carried unanimously. Pfayor Howell set the Public Hearing for March 23, 1987. * * * * * * * * * * * * * * * * * * * * * * * k * * * * k * * * e. Ordinance No. 25-87-20 - First Reading 4N ORDINANCE AMENDING THE ORUINANCE CODE OF 7HE CITY OF ATLMTIC BEACH ~~ FLORIDA; AMENDING CHAPTER 8, SECTIO!7 8-l, UEFINIT IONS; TO ADD A DEFINI'. FOR LOWEST FLOOR; MEAN SEA LEVEL; START OF CONSTRUCTION; VIOLATIONS; AI HATER SURFACE ELEVATION; AI@NDING SECTIONS 8-7 TO ADD SUBPARAGRAPH 6 TI PROVIDE USE OF OYENINGS IN ENCLOSURES BELOW A STRUCTURE'S LOWEST FLOOR ' PROVIDING AN EFFECTIVE DATE. ~: Mayor Nowell presented in full, in writing Ordinance fio. 25-67-20 on first reading. NAME OF COMMRS. M S V Y V N Cook z x Edwards x CulliCord x x ^owell x Coo'r, x x Edwards x x Cull iford x Nowell x Cook x x Edwards x Gulliford x x ON PACE EICHT - PIINUTES - MARCH 9, 1987 6. A. Public Hearin6 - continued m [he Cocmnunity Deve lopmen[ Board's authority to gran[ [he variance. The variance was Kran[ed on [he face tt~e additional 50 seats could no[ be opened until S:UO p.m. Mr. Mo r[on said that was correct, [here would be a door installed in [he new addition at the left of [he main entrance and would be closed until 5:00 p.m. There was also a provision Mr. Moron would install a rear entrance to the new addition. Comm~issio Cook noted it vas his understand in p, [hey were Aoing ro expand only to [he next unit, but the drawings shoved [hey would expand to [he Bounty. Mayor Howell then opened the floor for a Public Ilearing and invited conmen is from tt,e audience. Mr. Ron Cray, 63 Beach Avenue, spoke for Mr. John Pozanski, North Seminole Beach, and himself. I[ was his under- standing before you could hold a Public Hearing on a zoninK request, there must be 30 days posted notice. Mr. Fellows said if [he request for rezoning was initiated by [he Governing Body, 30 days was required. llr. Cray said [he Community Development Board had no[ been in existence for 70 days. The initial hearing came before the Advisory Planning ed. of which he was a member, and Mr. Morton requested his request be vi[h- drawn a[ Chat time. I[ was deferred until [he Community Development Board met. Mr. Fellows advised Mr. lb [ton had no[ applied for rezoning, just a variance. The 30 day requirement does no[ apply to applications for exceptions and variances, only rezoning. Mr. Gray questioned the . IS day requirement for posting. hit. Fellows reported [he Advisory Planning Board me[ on January 20, 1986 and Mr. Mormn left [he appli- cation pending and appeared Lefore [he Community Development on Feb. 17, 1987. One notice vas posted at the old beauty shop (Mn's Crystal Room) which Nr. Fellows assumed was sufficient. Hr. Gray sta [ed, accord ing [o [he code, Mr. Morton was required m have 75 oarking spaces. A[ [he bes [, he could only come up with 34. There was just not enough parking spaces, and a traffic hazard had been created. Mr. Gray stated he vas all for progress, but felt an exception should be granted for hardships. Ragtime had been very successful, and do a good job. They are also a credit [o [he community, but he did not see any hardship for them being granted the exception. Mr. Norton said [he Me [chants Association met and did no[ object to [he expansion, and he felt they had adeGua[e parking. Mr. Val wllcux vuicud app [oval oL Mr. Mur Wn's request Lor exception. As no one else spoke for or against, 71ayor Howell declared [tie Public Hearing closed. Notion: Defer action on Mr. Mo [ton's request for an exception until [he next meeting. Commissioner Gulli ford Cold [he Commission in light of Che letter Commissioner Norris had written to Mr. Fellows relative to the above, - he felt Commissioner Morris should have [he opportunity [o participate in [he final vote. Commissioner Horris did no[ attend the meeting due to the fact he vas out of [own on an emergency. The Cormiss ion agreed. Following dSSCUSS ion, Commissioner GulliEord moved an amended mo [Son. NAME OF CON.MHS. M S V Y V, ~ N i er Cook x Culliford x rncE seveN v v'' MINUTES NAME OF PIARCH 9, 1987 COMMAS. M S Y N Mayor Howell called for a five minute recess at 9:lOp. m. :he Mayor called the meeting back Co order at 9:15p.m. Mo [ion: Instruct the Engineers to make adjustments, etc. for Cook x equalizing the roll on [hose specific matters [hat Edwards x x have been brought up tonight by various proper [y owners Gulli Eord x x and between now and [t:e next meeting on March 23,1987 Howell x any other properly owners with specific problems should contact City Hall. The Engineers will report back on March 23, 1987 with corrections. I Mr. Mullis Cold the engineer [he specific corrections would be [he typ ~~ graphicsl errors and the unusual and irregular shaped lots. Any other Complaints received by March 20th will be also be corrected. The quest' n ~. was called and [he motion carried unanimously. * * * * * * # * * * R * * * * * * # * * * * * * * * * R * * * 4. Appearances: A. Mr. Donald Wolfson [o resent a ro osal in connection with rezonin in [he north Seminole Beach area Hayor Howell announced he had received a letter from Mr. Wolfson s[ati 3 .lue [o several reasons, he did not believe [hey were prepared to proce with their request to rezone Che area in North Seminole Beach, and [he e- for he wi[hd rew his request [o rezone. 5. Action b the Cit Commission on a ro osal for en ineerin service in connection with evaluation and study of water treatment plants No.l and No. 2 in an amount of $5,950.00 Mayor Nowell told the Commission the proposal was for the city's Syste on Mayport Road. lb tion: Authorize Che expend i[ure of funds for engineering services Cook x relative to evaluation and study of water treatment plants Edwards x x No. 1 and No. 2 in an amount of $5,950.00. Gullifo rd x x Howell x Following discussion, [he question was called and the motion carried unanimously. * * R * * * * * * * * * * # * * * * * ; * * * * * * * * * * * # 6. Public Nearin on an ap lication for exce [ion b Wi Lliam and Thoma Morton owners of Ra time Restaurant for Che uz ose of u rad in thei currentl held beer and wine beve ra a use co allow the sale of dis Gill d spirits Mayor Nowell announced Mr. Morton's request had Seen considered by [he :osmwnity Development Board chu recommended approval. The Co~mnuni[y Development Board gran led Co Che Ra g[ime Restaurant [he authority [o i - crease [he size by 50 additional seals. They were asking [he City Conun s- sion for an exception for [he purpose of applying for COP consumption n premise licecse from the Slate of Florida. A leng[Ly discussion follow d PAGE SIX ~_ MINUTES March 9, L987 NAME OF COMMflS. M S y Y y N Public Nearing continued ~ I .1r. Ralph Floyd asked cl:e amount [o be charged Eor a house on an acre o i land. The Mayor stated the charge would be by the front Coo[. Mr. Douglas Wilson, 1020 Main S[. asked if Che assessment covered hook u charges [o the house. He vas told [he assessment would cover everyUting but his hookup. Mr. Donald Dagley, owner of Blk 122 on Camellia SL , asked iC you could be exempted from assessments as [he end of his land ran into the swamp. Ne asked if [hey planned [o pave Camellia SL Mr. Eckert said [he s[ree vas platted and would have [o be secured in order [o construct [he s[re [ There would be no exemptions if the streets were paved. . Mrs. Ruth Bratcher, 790 llaypo r[ Rd.; owner of property at 1970 Park St ; . Shirley Taylor, 9th and Camellia, and Ha[[ie Plae Aead, 50 Dudley, all complained about [he present roads and the city not cleaning out [he di ches Na t[ie Mae asked fora street light as it was very dark. Mayor Howell t . ld her approximately 27 lights had been ordered [o go in that area. Mr. Leon Beasley, J65 W. 3rd S[. did no[ wan[ the imp rovemen[s. If [hey paved his street it would be a speed [rap. Mr. Val Wilcox, 75U W. 14th asked [he maximum amount [hey vouid be char ed. He was told [he charge could not exceed $39.95 per front Foo[ without another Public Hearing. Mr. Eckert stated he was making every attempt possible to estimate on the high side to make sure tl.ey would no[ have any surprises. Hopefully, the final numbers would be less Chan $39.95. The Pastor of [he Community Baptist Church, 84 Lewis St. asked Eor a sc ee[ light for [heir church. Mz. 6111 Turner,356 Main, commented you were now penalized if you lived a[ Cite beach. He moved here in 1958 acrd paid iris taxes every year with no benefits, and felt Che assessment vas too high. t1r. Mullis said in [he City of Jacksonville [vo years ago [hey had a $30,000,000 bond issue o a special assessment program [hat rolls over every five years. Mr. Larry Williams, owner of Blk 165, built iris ho•_se in rite middle of he block and felt he should noc have to pay Eor six lots as the resc of ti lot9 were only his yard. They vouid no[ be developed. Mayor Howell Col him [he last time they assessed property owners, [hey allowed [he prop [y owner to have only one stub out if he so desired, but the line still h to go across rite entire property. Some owners are sorry now they reques ed only one stub, as [hey are selling some of [heir lots and are paying m. h more for [he stub outs. Mr. Ec ker[ responded co the question of [he duration of the contract tt t he did not know, probably 12 to 18 months. As no one else spoke Eor or against, [he Mayor der lured [he Public Hea i ng closed. PAGF. FIVE MINUTES FL1RCIi 9, 1987 Public Hearing-continued Ln response to Ms.VOtura's question on how they would be assessed, Mr. `2vara told her [hey had a choice Cor payne~cs: Pay [he [o [al a[ once, or pay over a time. Par[ of the meeting [hat nigh[ vas to offer [he ability to collect [he same way as property Cases. If you had a standard firs[ mortgage, i[ probably would be in an escrow type of account with [ht bank. He did no[ think there was a mandatory water hook-up requirement. The structure provided payments could be over eighteen (IS) annual installments. The annual ins cal lmen[s do no[ start until the project is finished, which would probably be two years down [he road. Tha interest rate would be 12 over the bond interest rate [o comply with State Law. Unknown a[ the present time. The day [he bonds are sold, the~cicy could give [he specific interest. The estimated rate for the projection was 7.402, however rates have decreased. ' the question vas asked what you ld happen if the bids came in at $5:.00 ~~ per front foot. Commissioner Culliford responded until [hc bid vas oval ed nothing vas irreversible. Another Public Hearing would be held and I public would have [he right Co voice [heir opinions. The Ci[y could go back [o square one or absolve [he extra cost. Discussion vas held on the possibility of holding a referendum and le[ the people vu [c uu the lss ue. 'They were [old i[ would have to be city vide. No objections. Nr. O.C. McBride, 1285 Camellia St. bought his lot 18 months ago. He w: told at that time he could put a yell down. Ne talked to the man [hat I a water line down the street and he would le[ you hook up. Mr. Mcftride would have [o pay the man his price [o run the line. He wen[ [o the cii and they told him he couldn't do [hat. If the water line vas put in i[ became city property. Everyone told him something different and he ends up putting in a 2" line to serve only himself. Nov he would have to pal more to put in the larger line. The question was asked if [he property owners would have [he option as . which side of their property would be Corn up when they hooked up Co tl aty system. Hr. Eckert said existing conditions would be taken into account. Ne didn't van[ people [o have to cross their paved drlvevays. Ht. Ceorge S[ansell, iiain S[. told [he Commission and audience if [he ~roj ect did no[ go through as planned, the entire subdivision of Sect it ' H would go down rapidly. Carolyn Sigmund, 439 N. 9th, complained [rucks were continually tearin7 up [he streets. The situation needed to be corrected now, no[ nett yeas NAME OF COMMAS. M S V Y V N it 1- ,e n to e n PAGE FOUR MINUTES MAxCH 9, 1987 Public Hearing - continued Mr. Bratcher informed the Commission of [he need fur stop signs 1n th '~ area of Orchid, Main and 10th Scree [s. The CL[y Manager promised [o p ' stop signs on 11th when Mr. Bra [cber opened [he scree[ he had built, but [here were no signs as ye[. The school bus Loads anJ unloads at C end of [he street and i[ was very dangerous. One car turned aver vhiL burning rubber on Orchid. Mr. Bra[c her called [he Police Dep[. but no one came. He cited another example of some Cellovs Cha[ tore up his garden while speeding on Saturday, and he called for help. F9~i le vaiD ing for [he police, he chastised [he young fellows Eor tearing up his garden. When [he policeman arrived i[ was raining and he remained in his car. Ne told Mr. Bratcher to "just shut your mouth, I don'[ Rive a damn". Mayor Howell asked Mr. Bratcher for [he policeman's name, anc he would personally take [he remarks up with the Police Chief the next morning. Mr. Bud Miller, Hisbiscus SL ,owner of Lo [s 229 and 23U advised he hat already pnfd for mul installed a 2" water llnc !or b[s two Lloc ks. Ile asked if Chey bad Co Install a larger line vouLd he have to pay. Mayor Howell advised Mr. Pfiller it he had already paid fora water line, sort adjustment should be made. The city vas aware there were some lines Sn certain areas, but he did not know what type of adjustment would 6e made at [he present Cime. Mr. Fli ller asked if [hey had [o hook up Co :he sever system immediately or could they wait until [I~ey had septic tank problems to hook up. Flayor Howell responded the law s[a [ed when sewer was available you must hook up, but he vas of [he opinion where people had working septic tanks, [he city should no[ force [hem [o hook up. When a septic tank is no longer in working order, they cannot be repaired. Cindy Voutouq 570 Orchid St. diC noc wan[ [o hook up as she had good good water in her well, and did no[ van[ [o pay $17.00 mo.for water she didn't need. Mayor Howell cold her [he city would work with the people in every possible way. Personally, he felt if people had vorkin; wells and septic tanks, he wanted [o let [hem alone until such time as [hey needed it. Everyone would still be assessed even if [hey did no[ hook up when [he lines were available. Ns. Voutour asked a[ what point [he proper[}' owners would be assessed, and Hr. Eiu 11 is responded i[ vou: be payable over a certain number of years. Tire revenues to pay ofF the bonds from [he water and sever system were no[ pledged as security for [hose. That gave [he Commission [he latitude and flexibility when the bids do come in, of Crying [o work out a fair and equitable payment. Mayor Howell added [o Mr. Mullis' comments, all of the gas [ax vas being pledged [o pay [he bonds. -Hr. Hullis pointed out [he purpose of [he meeting [ha[ nigh[ was Co hey input such as [he above mentioned speakers as to [he fairness and equi- table proration of cos[ of improvements, and actual cos[ would be de- 'ermined after bids Eor construct ion cos[ had been received. No one vou - nave an assessment on [heir groper[y until construction vas completed. The city realized some elderly people living on a homestead couldn't pa and they were attempting to work something out with them also. NAME OF COMMRS. M S V Y i V N e u h 1 I i 1 d Pnce Txkee MINUTES MARCH 9, 1987 NAME OF COMMAS. M S v Y I v N 3. Public Hearing - continued :ommissioner Culliford commented at that point, relative [o Fls. Kennedy s i comments. He had never refused co sit dovn and talk to any citizen at ~ home, after a meeting, or at work. The city was only attempting to im- prove an area. There vas no gain for anyone or [he cit}'. Other sections of the comr..unicy had been assessed when [heir improvements were made. The city vas looking a[ [he proposed improvements as a possible solutio [o the problems [hey were having in Section ^. ile asked [he audience Co help solve problems and no[ be adversary about Che propose) project. ltaurice Pelletier, 800 Jasmine, asked when and where the project will star[. He said his wife had been dovn to [he axles on West 9th between Nisbiscus and Stock and also on Main St. a[ Wes[ 6th S[. Fle felt [hey were also suffering from police protection from the bad roads. Mr. Eckert reported they were looking ac probably August or September to take the plans [o bid. They will allow 30-45 days upon notif is a[ion Co [he ton[rac [ors [o call for bids. Sometime in Oc [. or November,'87 [he contract could be awarded. It should take approxinate ly 1 [o U4 years for total construction time. As to what area Ct~ey would start in, he had no idea, par[ of that would be up to the contractor. If there were areas of concern, the Engineers could point tine con[rac [or in certain directions, wi [li gen.ral limits. Mr. Pelletier asked what '_ _ould be done within [he nett few months for the impassable areas. Mayor Howell asked the Ci[y Manager Cu rent ano [her road grader that might give some relief. Mrs. Kennedy suggested the city hire an opera to [o run the grader as the city employee [hat graded [he roads recently only pushed [be smul in [he d[tche.^. and helped to fill Chem up. Mr. George Stansell, 1203 Begonia Sc. cold the Commission he had wri[[e a letter Co Mr. Fellows a month ago asking if the Ci[y would consider bringing Che Smprovemencs one block west of Che proposed lines [o Furnish water and sever to [hem. Mayor Howell [old Mr. Stansell the letter had been given [o the Engineers for consideration. He reminded Mr. Stansell [hat both sides of the street would be assessed. Mrs. Bra [c her, 1425 Main St.,wwner of Blks 244 and 245, lots 1,2, and 3 of each block said her assessment was 300'for a total of $11,984.00. Sh was told the assessment vas correct as she had 140'on Stock S[. and 16 ' on Main, a total of six lots. Mr. Ira Bratcher, 60 hest loth S[., owns both sides of the street and obj ec[ed [o being cbarged for both sides as he could not afford to pay $80.00 per ft. He i~ad developed many subdivtsions fora lot less money. , He said i[ did not cost as much to dig a 3' to 4' ditch as it would a _ 12' to 20' ditch and felt [he entire project cos[ should be divided up for each front Eoo[. If you were on [he shallow end of [he system you Should pay less than a person [hat has [he same frontage but lappened [o be in a location that required a deep di[cL. Mr. Eckert told Mr. Bracher the only equitable way vas to Cake the total cosc and divide i[ by [he [u [al frontage. Everyone was getting [he same service and should pay [he same cos[. PACE TWU MINUTES MARCH 9, 1987 3. Public Hearing continued Mr. Smith also asked if [he homeowner would pay [he same cos[ as Cornier ` property owners. Mayot Howell told Mr. Smith [he value of [he property had nothing [o do with Che assessment, the assessment was strictly on [ front footage. After searching [he rolls, Mr. Eckert advised Mr. Smith the projected assessment for his property could be a typographical erro but he would research. Mr. Smi[It will contact the liiyor for discussion. Mr. Eckert explained [o [he audience some property owners Chat had acre (example - north of Levy Road to Church Road) would be assessed on "equ valen[ frontage (based on square footage)". The cos[ will probably be 1 Chan the projected figures. The actual assessed value would be based on actual construe [ion costs and Chat could no[ be determined the project vas finally constructed. The accuracy of the roll was based on plan she and scaled values. Mgten [hey get into [he field, [here would be field measured values and would vary by a Eoo[ or so. 1n some areas, [here ar water and sewer lines. Therefor [he contract cost would decrease. Mr. Eckert vas asked the question "for someone wbo has 100' on one side of the street and I00' on the other side, would there be any difference in [heir assessments, or would they pay $39.95 per front foot as all others. He responded they would pay the same, $39.95 per Cron[ fool. ` .ir. Alan Nolston, 1225 Hibiscus St. assessment showed $5,995.00 for 100 Mr. Eckert advised that vas a typographical error and should be $1,995. Commissioner Culli(ord noted [here was concern that had m[ been addres relative to the cos[ a[ $39.95 per front foot, but "what if". Fie asked [he Bond A[[orney, Mr. Zvara [u comment. Mr. Zvara announced the purpos of the Hearing vas equalizing and adjusting [he assessments the assess- ments currently on the books. That vas different from [he total project cos[. The total project cos[ could not go up or down vi Utou[ holding a new Public Nearing, or in Che alternative, Clte city would have [o covet the excess cos[ from other financing sources. Vicki Joe Kennedy. 371 lli in S[. complained the city should no[ hove vot [o put liens on [heir grope r[y before they held [he Public Ilearing to see if the people wanted [he improvements. She commenced only one perso Mr. Fellows had been helpful in making her understand what was going on Ms. Kennedy wanted some of the 6S gas tar to go toward paying for the improvements, as there were elderly people [ha[ could not pay, and said the Mayor told her there would be no exceptions. Tlayor Novell noted he had never Calked Co her, and they still did no[ know [he total price of .. [he project, and would no[ until [hey wen[ [o bid. The Ci[y vas Caking _; [he proper steps regulated by State Lav. Ms. Kennedy asked if [he people who pioneered U;e land would be reimbur ed for building [i;eir own roads so [hey could live on their property since the city had Cold [hem they had no money [o build roads a[ [ha[ [ The Mayor responded in [he negative. She complained [ha[ the City of Jacksonville Beach should be responsible for [he damage they caused on Main Street when [he oucfall Tina was installed. 11r. Braid had told her Ma 1n B[. you ld be put back into [he prior condition by the contractor. NAME OF COMMAS. M S V Y V N cal I ;e ~ 60 ss [s ed d ime. r t i MINUTES OF THE RECUTAR MEET INC OF THE ATLANCLC BEACH CITY COlR1LSHION II F.LD AT CITY IIALL ON NARCIi 9, 1987 AT 7:15 P.M. 3 PRESENT: William S. Novell, Afayo r-Commissioner i Roberc B. Cook, Sr. Glenn A. Edwards William I. Cullifo rd, Jz., Commissioners AND: Richard C. Fellows, City Manager Claude L. Mullis, City Attorney Adelaide R. Tucker, City Clerk ABSENT: John W. Morris, Jr., Commissioner, Ou[ of Tovn The meeting vas called to order by Mayor Novell. The invocation,offer~ by Commissioner Cook was followed by [he pledge to the flag. 1. 9pproval of [he minutes of [he regular_.meeting of February 23,1987 Mo [Son: The minutes of Che regular meeting of February 23,1987 be approved as written. No discussion before the vote. Motion carried unanimously. Recognition of visitors 1r. Roosevelt Cooper asked the status of his Church's request for a ` light a[ ifayport Road and 35 Edgar St. ilayor liowell explained Mayport Rd vas a State Road and ve had no control over it. The City of Atlanti Beach had requested [he Department of Transports [ion do a traffic s[uc for a proposed light. He suggested Mr. Cooper ton[act DOT for additior information. Mrs. Kennedy asked about [he stop signs on Main St. she requested on February 12, 1987. She reported Hr. Braid, Di rec [or of Public Works, had advised her the city had decided not [o install [he signs as no one would use [hem. The Police Chief s[a Ced there were several speed bumps there already, but he had recommended some traffic controls be place [here in [he near future. Mr. Carl Smith, i630 Main St. said he was told [he proj ec [ed assessmer was $39.95 per front fool. The assessment roll Droj ec [ed 200 foot totaling $7,990.00, when he actually had only 100 foot frontage on Mai ME OF COMMAS. M O T I O N S E C O N D V O T E D Y E S V O 7 E D N O Cook x x Edva rds -x x Gullifard x fiowcll x 1 Mayor Howell introduced Mr. William Weathers, Fi rancial Advisor from ; Southeastern Bonds; Mr.Jerry Eckert, representing Bessent, Hammack any Rutkman, Engineers on [he project, and Mr. fill Zva ra from Livermore, Klein and Lott, Bond Alto rneys. fle declared the Public Hearing open and invited conmen[s from [he audience comprised of approxima [e ly ISO _~ a[izens. the following property owners commenced: MARCH i ,~ s. bs@..rsa. ~. ~ ~~