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3-11-13 Agenda PacketCITY OF ATLANTIC BEACH March 1 1y PM :k, M-1m Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of February 25, 2013. B. Approve the minutes of the Commission Workshop of February 25, 2013. C. Approve the minutes of the Commission Briefing of February 21, 2013. D. Approve the minutes of the Special Called (Shade) Meeting of February 21, 2013. 2. Courtesy of Floor to Visitors A. Proclamation declaring April 17, 2013 as Military Family and Community Covenant Day. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for January 2013 and List of New Businesses for February 2013. B. Award a contract for Bid No. 1213 -3 for the Interior Repair and Painting of only Elevated Tank at Water Plant #1 and Ground Storage Tanks at Water Plant #3 in the amount of $87,000 plus a 10% contingency of $8,700 to Crom Coatings, A Division of The Crom Corporation and authorize the City Manager to sign the contract. S. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13-03 (Commissioners Mary and Woods) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, URGING CITIZENS AND PRIVATE BUSINESSES TO SUPPORT "EARTH HOUR 2013" BY TURNING OFF THEIR LIGHTS FOR ONE HOUR, FROM 8:30 PM UNTIL 9:30 PM ON SAT U AY, MARCH 23, 2013. B. RESOLUTION NO. 13-04 ATTACHMENT E-6, RESOLUTION -0. a 3 -0A� R A SSISTC '£1 AA R [m ,T e mr�sa �ti z £vm arC FLORIDA INLAND NAVIGATION DISTMC € ed � 41R 1V A r', ASS1 S _ AN E P RRek)G ir°�rvi 7. Action on Ordinances A. ORDINANCE NO. 5-13-58, Public Dearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 20-13-121, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. g. Miscellaneous Business A. Marsh Master Plan 2013 Grant Applications Approval. (City Manager) B. Request to approve proposed project(s) for FY 2013 -2014 Community Development Block Grant (CDBG) funds. (City Manager) C. Appointment to the Board Member Review Committee (Mayor) D. Review of Resolution No. 12 -04 imposing a moratorium on the sale of used automobiles within the Commercial General Zoning Districts. (City Manager) E. Proposed Floodplain Management ordinance revisions. (City Manager) F. Review of City Code, Chapter 17- Signs regarding flags. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such propose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, March 8, 2013. 2 To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Refrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know MINUTES REGULAR CITY COMMISSION MEETING February 25, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order /Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of February 11, 2013. B. Approve the minutes of the Special Called (Shade) Meeting of February 11, 2013. C. Approve the minutes of the Commission Briefing of February 7, 2013. Mayor Borno asked if there were any corrections to the above minutes and there being none, he stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Bill Mayhew, 1870 N. Sherry Drive, read from a handout he prepared related to the City's current pension plan (a copy of which he distributed to the Commission), stating he believes the existing plans are too rich and should be frozen and reasonable defined contribution plans implemented or the benefit levels of the existing plans should be lowered to sustainable levels. Bert de Alejo, 5118 N. 56th St., Tampa, representing Avesta Homes, stated they purchased the old Atlantic Arms apartment complex and explained how they have renovated and cleaned it up. He explained his company purchases operationally or financially distressed apartment complexes and fixes them up. He stated they have renamed this complex Avesta Seaside. He answered several questions from the Commission. Mitch Reeves, 1663 Sea Oats Drive, clarified that he was filming the last Commission meeting to see what he could see from a single lens camera on an iPad. He stated he supports videotaping the meetings but cannot support spending $33,000. He stated it concerns him when he hears Commissioners say they have checked and we have the extra money. He stated there is a difference between a budget and an expense account and we have a budget. He would prefer someone looking at ways to reduce that budget so they all benefit from that down the road, rather than have them say we have extra money, let's spend it. He stated he would like to see them go ahead with the one camera to see how many people watch it. He also addressed Ordinance No. 5 -13 -58 related to the workshops, stating he is in support of that because he believes it would help the citizens and if it doesn't work they could change it back. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. February 25, 2013 REGULAR COMMISSION MEETING Page 2 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for December 2012, the Building Department Monthly Activity Report and the Utility Sales Report for January 2013, and the Public Works and Utility Departments Project Status Report as of February 12, 2013. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 5-13-58, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5 -13 -58 by title. Motion: Approve Ordinance No. 5 -13 -58 as read. Moved by Woods, Seconded by Mark Mayor Borno explained the Ordinance. February 25 2013 REGULAR COMMISSION MEETING Page 3 City Manager Hanson pointed out that they have advertised a final decision on the River Branch property for the meeting on March 25, so they have two alternatives. He stated if they adopt this for a first reading tonight and a second reading at the first meeting in March and the effective date is immediate then there would be no second regular meeting in March. He stated they can either change the effective date of this Ordinance to make it effective at the end of March, allowing for a regular meeting at the end of March where they can handle that item, or they will have to call for a special meeting as part of the workshop. Discussion ensued. Mayor Borno asked the City Attorney if they need to amend the Ordinance at this reading or can they do it at the second reading. City Attorney Jensen stated, either way, today or at the second reading. Mr. Hanson stated if the Commission would prefer to call a special meeting either he or the Mayor can do that so no action is necessary to amend this if that is the way they want to go. Mayor Borno asked that they consider for the final reading taking the workshop out of the third Monday of the month in December and move it to the second because he believes it affects people's plans for the holidays being that late in the month. Discussion ensued. Roll Call Votes: Aye: 4 — Daugherty, Mark, Woods, Beckenbach Nay: 1 - Borno MOTION CARRIED B. ORDINANCE NO. 20-13-121, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -13 -121 by title. Motion: Approve Ordinance No. 20 -13 -121 as read. Moved by Woods, Seconded by Beckenbach Mr. Hanson asked that they amend both the revenues and expenses for the acquisition of the River Branch property to increase both to $103,243. He explained they received an update from the River Branch Foundation that we expect to receive a check in that amount and then pay that amount for the final purchase of the property. He stated on the same note, the question came up at the workshop about the $5,000 deposit. He stated the Foundation expects that that deposit amount will be refunded to the River Branch Foundation, therefore, the total amount would wind up being paid both to the City and then out of our coffers to purchase the property. Amended Motion: Change Item 2 to $103,243 on expense and revenue sides. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the amended motion. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED February 25 2013 REGULAR COMMISSION MEETING Page 4 8. Miscellaneous Business A. Request from Dutton Island Gardeners (DIG) asking for a waiver to serve alcohol in a City park. Genevieve Fletcher, 121 9th Avenue N., Jacksonville Beach, thanked the Commission for their support of DIG Local since its beginnings in 2011 as a community garden on Dutton Island Road. She further explained DIG Local's latest projects and explained their proposed brunch fund- raising event at Dutton Island Preserve on April 14. She stated they are hoping to include the serving of mimosas as a before brunch open mingle and requested approval of a waiver for the controlled use and consumption of alcohol in the designated campsite areas at Dutton Island on April 14. Motion: Approve waiver for DIG to serve mimosas at their event on April 14th with the following conditions: (1) Hire an off -duty Police Officer; (2) Alcohol shall remain at the event site, which will be the west campground; (3) Have the event in one seating at 11:30; (4) All participants will park off site at Donner Park and be shuttled to the event. Moved by Daugherty, Seconded by Beckenbach Commissioner Daugherty stated their event warrants this because it provides a service to our community and the funds raised go to support programs in our community. He stated he hopes they can support them and approve this waiver. Mayor Borno asked that it be clarified where the alcohol can be served. Ms. Fletcher explained they are requesting alcohol be served at the west and east campgrounds, stating the brunch will be at the east campground and right across is the west campground which is where the silent auction and open mingle will be. Amendment to Motion: Remove the west campground in the original motion and state alcohol shall remain at the event site. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Discussion ensued about shuttling and Ms. Fletcher stated they will make that happen. City Attorney Jensen stated they need to consider what precedent they may be establishing and what is to distinguish this group from any other 501(c)(3) charitable corporation wanting to have a private function in a public park and serve alcohol. He stated there are no specific provisions in our ordinances to waive that provision in Chapter 3. He stated the Commission has the authority to waive it but he stated he wants to make sure if they are going to do that they come up with a lot of distinguishing characteristics about this particular event that would separate it from any other that might apply to do something similar. Commissioner Woods stated the reason they are, as a Commission, approving this is that DIG is a local charity and the proceeds and their work directly benefits the Atlantic Beach community on many levels. She stated their projects are integrated in the Atlantic Beach community and they service Atlantic Beach, which she believes was the overwhelming factor considered. Mr. Hanson added staff has no objection because this is not a park where you have a lot of kids running around. He stated if they wanted to serve alcohol in Russell or Bull Parks it would be different. He February 25 2013 REGULAR COMMISSION MEETING Page 5 stated for the principle of keeping alcohol away from young kids this is probably one of the best parks we have to do this in. Commissioner Woods asked the City Attorney if that needs to be in the motion. Mr. Jensen stated they just need to put in the record what their distinguishing characteristics are. Mayor Borno added that DIG was established with the Commission's approval and they are supporting one of our local Atlantic Beach charitable organizations and it is for the benefit of the Atlantic Beach citizens. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approval of Police Union contract for October 1, 2012 thru September 30, 2015. Mr. Hanson stated the Police Union has voted to approve the proposals presented by the City through the negotiating process. He stated the contract has numerous changes to employee benefits as summarized in the staff report. He further explained the major changes to the Police Union contract. He also pointed out and explained an error related to the early retirement provision, stating they need to continue to offer an early retirement option for officers, which is a minimum standard set by the State. He stated, therefore, they will need to strike the line on the last page of the staff report that says, for members hired after 1 -1 -13 there shall be no early retirement provision. He also pointed out that the State Legislature is considering amendments to the law that may affect what they can do for the lower Defined Benefit plan benefits for new members. He recommended the Commission approve the contract. Motion: Approve the Police Union contract for October 1, 2012 thru September 30, 2015, striking the sentence "For members hired on or after January 1, 2013, there shall be no early retirement option" and authorize the Mayor to sign on behalf of the City. Moved by Borno, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Animal Control Office. Due to the absence of Chief Mike Classey, Mr. Hanson summarized the staff report looking at the possibility of adding an animal control office at the kennel. He explained preliminary estimates are that it would exceed $40,000, it would need to be designed by an architect, we would have to have an office and bathroom built, HVAC and plumbing systems put in, IT wiring, etc. to turn it into a workable office. He stated this is a rough estimate and they could discuss this at budget time. 9. City Manager A. City Manager's Report. City Manager Hanson reported the evenings of March 12, 13, 14 are the tentative dates for strategic planning. He also reported they received the Special Magistrate's recommendation on the impasse with the Blue Collar Union late this afternoon, he has reviewed it quickly and it is very favorable to the City. He stated he will try to get it out to the Commission tomorrow, stating by State law he has to formally get it out with a February 25, 2013 REGULAR COMMISSION MEETING Page 6 recommendation, but given that it is favorable, he knows what the recommendation is going to be. He stated it is probably best not to discuss it publicly at this point in order to let the Union get it out to their employees so they can have some input also. 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion on going paperless with agenda packets. Commissioner Daugherty stated as discussed at the workshop they will defer this until strategic planning. Commissioner Woods Stated they have been contacted about participating in Earth Hour on March 23 and would like them to consider it as a city. She explained people all around the world are going to shut off as much electricity as they can for an hour at 8:30 p.m. She stated it is sponsored by the World Wildlife Fund, explaining it is to acknowledge the increasing extreme weather and related power outages that are going on throughout the world. She encouraged everyone to participate and would like the City to do what we can. Mayor Borno asked if they want to put a Resolution through to designate this event. Commissioner Woods stated that would be good. Stated she wants everyone to consider that they go ahead with design competition to give them some options for the police building and maybe include the Animal Control facility as well. Mayor Borno • Represented the TPO and the City with a voice at the Society for Marketing Professional Services E- week Transportation Summit on February 20 at UNF. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:3 8 p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON FEBRUARY 25, 2013 AT 4:30 PM City Commission Members present: Mike Borno, Mayor Maria Mark, Mayor Pro Tern Mark Beckenbach, Commissioner Jonathan Daugherty, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Michael Griffin, Building & Zoning Director Tiffany Layson, Commander — Police Department Vic Gualillo, Commander — Police Department (arrived at 5:25) Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Also present: Melody Bishop, Akel Logan Shafer The meeting, which was held for the purpose of discussing the police building project and to review the plans with Melody Bishop, was called to order at 4:33 p.m. by Mayor Borno. Melody Bishop, Akel Logan Shafer, 704 Rosselle St., Jacksonville, stated she was here to gather the Commission's input and discuss the alternatives for the building with the idea of collaboration to get it down to one or two options and determine how to move forward from there. Mayor Borno clarified they are not talking about designing anything but rather determining the feasibility of using this site or not using this site. She gave a slide presentation of the current site using overlays to show the various renovation options and reviewed the plans with the Commission. Discussion ensued regarding the flood plains, with Building and Zoning Director Mike Griffin further explaining the 500 -year and 100 -year flood plains, pointing out where they fall on the overlays in the slides Ms. Bishop presented. Mayor Borno reiterated they need to concentrate on whether the current site is feasible or not feasible. Ms. Bishop asked each Commissioner to choose from a selection of options she presented for the existing site as well as Mayport Road one option they prefer and one option they are opposed to. She explained this is just intended to be a straw poll right now. Commissioner Woods stated they also need to decide what services the community wants the Police Department to provide. Commissioner Mark stated they need to determine the size of the building and the budget. Mayor Borno stated you don't design a police station based on emotions, etc., you design it on what the police department that provides your services currently needs to operate. He stated they are hamstrung right now with a facility that does not function. Minutes — City Commission Workshop February 25, 2013 Page 2 Commissioner Daugherty stated what the Police Department needs is office space, dispatch, storage, holding cells and a sally port area. Discussion ensued. Ms. Bishop stated they need to determine if a building on this site can physically work. Discussion ensued related to the cost of buying a site on Mayport Road and Commissioner Beckenbach stated he has seen 1 -acre sites on Mayport Road for $375,000. After further discussion, it was the consensus of the Commission that they are willing to look at sites other than the existing site, i.e. Mayport Road. Mayor Bomo stated he will put on the next agenda to hire an architect to do an analysis on an offsite piece of property and work with the Police Department. He stated when they get that back that will become their next decision point. Ms. Bishop stated once they have determined a site that will work, it will be easy to do a design/build bid package or have teams come in and present what they would do on the site. She suggested the Commission give themselves a timeframe for the steps of what they want to do. Discussion ensued. Commissioner Woods asked how they make a proposal to get multiple options. Ms. Bishop stated they could make it a competition. They would be getting a group of architects presenting various versions of what it could look like. Commissioner Woods stated she would like different groups to make proposals to us. Ms. Bishop stated she believes they need to get a handle on what they need before they send it out or they will get such differing concepts that they will be back to square one. Commissioner Woods stated if they make it a design competition they should give them enough parameters so they know what we are looking for and they will use their design capabilities, giving us different options. Commissioner Beckenbach stated he understands from the Committee that design/build is the most reasonable of all the ways to look at a design. Ms. Bishop stated if they were to do something like this, they should also say they want to see three or four different characteristics. There being no further discussion by the City Commission, Mayor Bomo declared the meeting adjourned at 6:09 p.m. Mike Bomo Mayor Donna L. Bartle, CMC City Clerk Minutes of Commission Briefing February 21, 2013 Present: Mayor Mike Borno, Mayor Pro Tem Maria Mark, Commissioners Mark Beckenbach, Jonathan Daugherty and Carolyn Woods, City Manager Jim Hanson, Sue Danhauser, Human Resource Director, City Clerk Donna Bartle, Beaches Leader Reporter Alexi Strong and 4 citizens. Mayor Borno called the meeting to order in the Commission Chamber at 3:00 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on February 25, 2013, as follows, with Mr. Hanson reporting on each item: Commission Meeting February 25, 2013 • Workshop on Police Department Building to be held at 4:30 prior to the Commission Meeting on February 25, 2013. City Manager Hanson reminded everyone about the workshop and noted the need to finish by 6:00 pm in order to set up for the regular meeting at 6:30 pm. • 7A — Ordinance to change Commission meeting dates (Commissioner Beckenbach). Mr. Hanson explained this ordinance was initiated by Commissioner Beckenbach. Commissioner Beckenbach reported it has been simplified from the previous version and City Attorney Jensen has no charter issues with it. • 7B — Ordinance to amend budget. Mr. Hanson explained the three items in the budget amendment. • 8A — Waiver to serve alcohol on Dutton Island (Commissioner Daugherty). Mr. Hanson explained that since he did not have authority to approve the request, Commissioner Daugherty agreed to put it on the agenda. He explained the request and made suggestions to consider while deciding whether or not to approve. Discussion ensued. • 8B — Police Union contract approval. Mr. Hanson explained the Police Union voted last Friday to approve the proposed contract and he reminded everyone about the Shade meeting immediately following this briefing. Human Resource Director Sue Danhauser gave an overview of the contract changes including leave accrual level, payout, accrual, and sell back, pay increases, pension contributions, longevity pay, and pension changes which will require ordinance changes. Discussion ensued. Commissioner Beckenbach requested a software program be made available at shade meetings to calculate costs and savings while discussing changes to benefits such as pension. 10A — Going paperless with agenda packets (Commissioner Daugherty). Commissioner Daugherty stated he is proposing to request staff to research the options available to go paperless. The Commission discussed whether it would be more appropriate to have it as a topic for Strategic Planning in order to give it the time it needs. Commissioner Daugherty agreed to hold off until Strategic Planning since the sessions are being scheduled soon and there will be other IT topics to discuss. 2. Agenda Briefing Workshop, Thursday, March 7 at 3:00 p.m.? Mr. Hanson asked if the Commission wants to have an Agenda Briefing on March 7th. The Commission agreed to have it, but Commissioner Beckenbach stated he will not be in town so he requested that he be Skyped in, if possible. The City Manager agreed to look into it. 3. See recordings of one - camera and three - camera recordings of meetings from other cities (Commissioner Beckenbach). Mr. Hanson asked the Commission if the recordings could be shown at another time since this meeting was to be over by 3:30 pm and time has run out. City Clerk Bartle suggested that they have the links provided to them so they can view the recordings on their own. The Commission agreed. 4. Adjourn to Shade Meeting on Union Negotiations. The Mayor adjourned the meeting to the Shade Meeting at 3:34 p.m. Mike Borno, Mayor MINUTES OF SPECIAL CALLED (SHADE) MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON FEBRUARY 21, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Sue Danhauser, HR Director The Mayor called the meeting to order at 3:38 p.m. in the City Hall North Conference Room for the purpose of discussing matters related to negotiations for the Blue Collar Union Contract. The meeting was adjourned at 4:01 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MARCH 11, 2013 OWCCQN�LQ.tiow City of Atlantic Beach, Florida Proclaims April 17, 2013 as Military Family and Community Covenant Day WHEREAS, for more than 230 years, individuals from all walks of life have taken up arms and sworn an oath to support and defend the principles upon which our country was founded; and WHEREAS, whether serving at home or abroad, Florida's active duty reserve and National Guard military and civil servants, protect our homeland, respond to national disasters, assist humanitarian emergencies and protect against all threats foreign and domestic; and WHEREAS, created in 2008, the United States Army Community Covenant Program was designed to foster and sustain effective state and community partnerships with all of the armed services, improving the quality of life for service men and women and their families; and WHEREAS, the State of Florida has conducted a state -wide community covenant signing ceremony; and WHEREAS, community support is essential to the readiness of the military and contributes to strengthening the resilience of U.S. military personnel; and WHEREAS, Americans recognize that military personnel and their families make considerable sacrifices as they defend the Nation, as multiple long deployments, frequent moves, and visible /invisible wounds of war are a few of the unique stresses military families face; and WHEREAS, today, Floridians support service members, veterans, and their families by stepping forward to help mitigate stresses associated with military life while also striving to inspire their fellow Americans to continue to recognize and support military and veteran families in their communities. NOW, THEREFORE, BE IT RESOLVED that the City of Atlantic Beach hereby proclaims April 17, 2013 as MILITARY FAMILYAND COMMUNITY COVENANT DAY and hereby express their unwavering support and admiration to all current and former military personnel for their true and faithful service and further recognize the tremendous sacrifices of their families. BE IT FURTHER RESOLVED that the City of Atlantic Beach, through the Florida Military Family and Community Covenant and Operation Strong Families, accepts the call to action to support and honor all service members, veterans and their families, past and present. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this II x' day of March, 2013. Mike Born o, MAYOR Total $18,703,921 $19,147,685 $443,764 2.37% Total Restricted Cash $7,953,764 Total Unrestricted Cash $11,193,920 Cash and Investments Annual Prior Current Dollar Percent Account Yield 12/31/12 01/31/13 Change Change Bank of America - Depository Columbia US Government MTG A Eaton Vance Government Obligations A Loomis Investment Grade Bond A Loomis Sayles Limited Gov an Agency Lord Abbett Income A Delaware Diversified Income Fund Lord Abbett Short Duration Fund Invesco Corporate Bond A Pioneer Strategic Income A Legg Mason WA Cash Reserve Fund Nuveen Total Return Bond Fund A MSSB Money Market/Cash SBA - Florida Prime Cash on Hand Police Pension Investments General Pension Investments * Denotes the 30 day SEC Yield Anualized 0.25% City of Atlantic Beach FINANCIAL REPORT January 2013 $3,324,908 AGENDA ITEM # 4A MARCH 11, 2013 - 31.88% Cash Balances 997,525 1,000,223 2,698 0.27% Prior Current Dollar Percent Fund(s) 12/31/12 01/31/13 Change Change General $7,991,395 $8,074,639 $83,244 1.04% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 52,752 45,947 (6,805) - 12.90% Local Option Gas Tax 128,150 150,447 22,296 17.40% Better Jax 1/2 Cent Sales Tax 176,438 201,548 25,110 14.23% Police Training, Forfeiture, Grants, etc. 162,351 153,147 (9,204) -5.67% Community Development Block & ARRA Grants 43,352 24,398 (18,954) - 43.72% Debt Service 22,595 28,509 5,914 26.17% Capital Projects 2,779,886 2,779,578 (307) -0.01% Utility 5,076,295 5,292,407 216,112 4.26% Sanitation 669,664 696,171 26,508 3.96% Building Code Enforcement 84,364 89,416 5,051 5.99% Storm Water 1,335,577 1,394,928 59,351 4.44% Pension - Police 16,315 13,034 (3,281) -20.11% Pension - General 158,294 197,023 38,729 24.47% Total $18,703,921 $19,147,685 $443,764 2.37% Total Restricted Cash $7,953,764 Total Unrestricted Cash $11,193,920 Cash and Investments Annual Prior Current Dollar Percent Account Yield 12/31/12 01/31/13 Change Change Bank of America - Depository Columbia US Government MTG A Eaton Vance Government Obligations A Loomis Investment Grade Bond A Loomis Sayles Limited Gov an Agency Lord Abbett Income A Delaware Diversified Income Fund Lord Abbett Short Duration Fund Invesco Corporate Bond A Pioneer Strategic Income A Legg Mason WA Cash Reserve Fund Nuveen Total Return Bond Fund A MSSB Money Market/Cash SBA - Florida Prime Cash on Hand Police Pension Investments General Pension Investments * Denotes the 30 day SEC Yield Anualized 0.25% $4,881,084 $3,324,908 ($1,556,177) - 31.88% 1.75% * 997,525 1,000,223 2,698 0.27% 1.63% * 1,319,930 1,313,273 (6,656) -0.50% 2.39% * 1,520,810 1,529,246 8,436 0.55% 1.37% * 997,731 995,973 (1,758) -0.18% 3.60% * 1,511,636 1,512,583 947 0.06% 2.12% * 1,692,810 1,686,613 (6,197) -0.37% 2.42% * 1,008,489 1,011,965 3,476 0.34% 2.34% * 1,883,332 1,872,942 (10,390) -0.55% 3.74% * 1,883,332 1,904,700 21,368 1.13% 0.01% * 1,001,069 1,001,180 111 0.01% 3.84% 0 1,987,910 1,987,910 N/A 0.00% 2,691 2,691 0 N/A 0.25% 330 328 (2) -0.53% 0.00% 3,150 3,150 0 0.00% Subtotal 18,703,921 19,147,685 443,764 2.37% 7,141,666 7,201,786 60,120 0.84% 12,818,102 12,992,068 173,966 1.36% Subtotal 19,959,768 20,193,854 234,086 1.17% Total $38,663,689 $39,341,540 $677,850 1.75% I City of Atlantic Beach / FINANCIAL REPORT January 2013 Revenues AGENDA ITEM # 4A MARCH 11, 2013 Fund / (Footnote) Annual Estimate YTD - 33% of Estimate YTD Actual Dollar Variance Percent Variance General (1) $10,994,301 $3,664,767 $5,827,764 $2,162,997 59.02% Convention Development Tax 70,000 23,333 23,246 (87) -0.37% Local Option Gas Tax 433,655 144,552 142,481 (2,071) -1.43% Better Jax 1/2 Ct Sales Tax 657,738 219,246 212,201 (7,045) -3.21% Police Training, Forfeiture & Grants, etc. 109,860 36,620 34,722 (1,898) -5.18% Grants - (3) 108,866 36,289 68,960 32,672 90.03% Debt Service 71,900 23,967 23,667 (300) -1.25% Capital Projects 5,000 1,667 713 (954) - 57.22% Utility - (4) 8,610,929 2,870,310 2,719,011 (151,299) -5.27% Sanitation 1,814,950 604,983 610,781 5,798 0.96% Building Code Enforcement - (5) 282,600 94,200 103,369 9,169 9.73% Storm Water 1,097,430 365,810 369,525 3,715 1.02% Pension - Police (2) 1,233,745 411,248 256,702 (154,546) - 37.58% Pension - General (2) 2,174,392 724,797 660,060 64,737 -8.93% Total $27,665,366 $9,221,789 $11,053,202 $1,831,414 19.86% Analysis of Major Variances (1) The positive variance in the General Fund is mostly a result of having received property taxes. Those taxes began to arriving in November. The bulk of the receipts came in December. (2) The $154,546 negative variance in the Police Employee Pension Fund & the $64,737 negative variance in the General Employee Pension Fund resulted from changes in market values of the investments of less than the assumed amount.. (3) Grant revenues are higher than the budget because C.D.B.G. grant proceeds related to last year's grant expenditures were received this year. (4) Utility sales were slightly under budget for Year to Date through January for both Water and Sewer. (5) Building Permit activity is running above projected revenues. Department / (Footnote) Governing Body City Administration General Government (2) Planning and Building Public Safety (1) Recreation and Special Events Public Works (3) Public Utilities (4) Pension - Police Pension - General Total City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT MARCH 11, 2013 January 2013 Annual Estimate YTD - 33% of Estimate YTD Actual Dollar Variance Percent Variance $42,645 $14,215 $13,327 $888 6.25% 2,376,735 792,245 783,580 8,665 1.09% 811,922 270,641 527,971 (257,330) - 95.08% 443,666 147,889 141,031 6,858 4.64% 5,589,489 1,863,163 1,586,970 276,193 14.82% 397,376 132,459 138,799 (6,340) -4.79% 6,053,366 2,017,789 1,577,746 440,043 21.81% 9,351,075 3,117,025 3,621,679 (504,654) - 16.19% 653,056 217,685 222,139 (4,454) -2.05% 789,485 263,162 298,133 (34,971) - 13.29% $26,508,815 $8,836,272 $8,911,375 ($75,103) Annual YTD - 33% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personnel Services (5) $9,549,191 $3,183,064 $2,882,636 $300,428 9.44% Operating Expenses (2) 10,130,872 3,376,957 2,888,523 488,434 14.46% Capital Outlay (1) & (2) 2,985,082 995,027 925,084 69,943 7.03% Debt Service (4) 2,519,412 839,804 1,773,714 (933,910) -111.21% Transfers 1,324,258 441,419 441,418 1 0.00% Total $26,508,815 $8,836,272 $8,911,375 ($75,103) Analysis of Major Variances (1) The positive variance in the Public Safety divisions is primarily due to not having paid for the second quarter of the fire services contract with Jacksonville. This is about 249,000. Also the deferral of the budgeted expenditures on the Police Building adds to that variance - see Project Activity Schedule. (2) The negative variance in General Government results from the purchase of land in November for $225,422. (3) The variance in the Public Works Department is due to project activity budgeted that has not been completed. - see Project Activity Schedule. (4) The negative variance in the Public Utilities divisions results from paying the majority of the annual debt service payments on October 1, 2012. (5) The positive variance in the Personnel Services resulted from vacant positions that have not been filled. The City budgets full employment, so any vacancy contributes to a positive variance. The Lifeguards are typically seasonal employees working May through September. City of Atlantic Beach FINANCIAL REPORT January 2013 Project Activity - Current Year Activity Only AGENDA ITEM # 4A MARCH 11, 2013 Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety Police Building Renovation /Design /Construction PS0504 60,000 0 60,000 $ 60,000 $ - $ 60,000 Public Utilities: PM1301 38,700 38,700 TMDL - Lift Station /Main Transfer Flow PU0906 9,282 1,716 7,566 TMDL Upgrade /Construction - WWTP #1 PU1106 147,862 63,200 84,662 TMDL Sludge /Odor Improvements PU1110 144,606 15,261 129,345 Water Main -12th Street at Ocean Blvd /Beach Ave PU1204 36,962 16,673 20,288 Water Main -14th & 15th Street at Ocean Boulevard PU1205 201,657 96,364 105,292 Rehab of Interior of Tank #1 PU1301 45,000 44,999 Rehab of Ground Storage Tank #2 PU1302 20,000 19,999 Recoat Both Ground Storage Tanks WP #3 PU1303 40,000 39,999 Replace the Water Main on Pine Street PU1304 90,000 2,648 87,351 Replace 4" Water ?Main at Wonderwood and Finegan PU1305 180,000 5,304 174,695 PT Repair at Lift Station C PU1306 40,000 39,999 PT Repair at West 6th and Stock PU1307 55,000 54,999 Repair 24" Effluent Force Main PU1308 86,000 85,999 Repair 12" Force Main PU1309 56,000 55,999 Replace Yard Pump PU1310 18,435 18,434 Sewer Rehabilitation 2013 PU1311 202,300 202,299 Subtotal $ 1,373,104 $ 201,168 $ 1,171,926 Public Works: Marsh Master Plan Signs PM1301 38,700 38,700 Marsh Master Plan Project Design PM1303 34,000 6,800 27,200 Rose Park Development PM1302 225,000 5,888 219,112 Dutton Island Road Sidewalks PW1301 79,064 79,064 Sidewalk and Curb Replacements PW1302 25,000 457 24,543 City Hall Parking Lot Lights PW1303 32,000 32,000 Irregation Improvements Atlantic Blvd. PW1304 4,600 4,600 Sidewalk on West 9th Street PW1305 33,000 33,000 East Coast Drive Drainage Improvements PW1306 360,000 360,000 Subtotal $ 831,364 $ 13,145 $ 818,219 Status Key A - Bid Advertised B - Bid Awarded C - Project Completed D - Design Completed DE - Deferred Total $2,264,468 $214,312 $2,050,146 E - Design Phase I - Project In- progress N - Complete /Non - Capital R - Re- budget Next Fiscal Year X - Project Cancelled c c AGENDA ITEM # 4A MARCH 11, 2013 PREPARED 3/04/13, 8:36:05 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR YEAR: 2013 BETWEEN: 02/01/13 TO 02/28/13 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS BUS PHONE # ----------------------------------------------- - - - - -- 7 ------------------------------ - - - - -- - - -- 13- 00007657 ALANIA BOYLES PARKER 2/19/13 NEW MASSAGE THERAPIST 751 ATLANTIC BLVD 755, 904 - 874 -0299 ATLANTIC BEACH FL 32233 13- 00007659 A1A WOODWORKS 605 PLAZA ATLANTIC BEACH FL 32233 13- 00007658 LA FITNESS 1021 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007660 MRHARDING ENTERPRISES INC. 635 JASMINE ST ATLANTIC BEACH FL 32233 13- 00007653 RICHARDS FURNITURE 1079 ATLANTIC BLVD 4 ATLANTIC BEACH FL 32233 13- 00007661 US ONE MM ONE INC. 317 2ND ST ATLANTIC BEACH FL 32233 13- 00007649 VINTAGE BARBER SHOP LLC 1021 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007654 VINTAGE BARBER SHOP LLC 1021 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007655 VINTAGE BARBER SHOP LLC 1021 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007656 VINTAGE BARBER SHOP LLC 1021 ATLANTIC BLVD ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES ------- - - - - -- AC: 10 PP: 0 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 10 2/19/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 904 - 382 -8321 2/19/13 NEW HEALTH SPA /GYM 904 - 853 -2210 2/19/13 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 904 - 352 -6064 2/19/13 NEW FURNITURE SALES 2/26/13 NEW INTERNET SALES 2/19/13 NEW BARBER SHOP 904 - 249 -3541 L•III6►TG�CIIIY�:IC? 904 - 303 -5864 2/19/13 NEW BARBER 904 - 303 -5864 2/19/13 NEW BARBER 2/19/13 NEW COSMETOLOGIST 904 -303 -5864 904 - 303 -5864 ACENnn 11•LM # 4B MARCi 1 11.2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Interior repair and Painting of Elevated Storage Tank at Water Plant 1 and [wound Storage Tanks at Water Plants 2 and 3 Bid No. 121.3 -03 SUBMITTED BY: Donna Kaluzniak, Utility Directo�r` DATE: March 4, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: As part of the City's maintenance program, the ground and elevated storage tanks at the City's water plants are inspected, rehabilitated and coated can a regular basis. The City advertised for bids for repairs and coating for the interior of the 100,000 gallon elevated tank at Water Plant ##1, the 500,000 gallon ground storage tank. at Water Plant #2 and the two 150,000 ground storage tanks at Water Plant #3, Seven contractors attended the mandatory pre -bid meeting and four contractors submitted bids: Contractor Southern Road Tank Rehab The Crom Worth Bridge, LLC Corporation Contracting, Ine. Subtotal, Base $269,000.00 $203,000.00 $179,000.00 $116,780.00 Bid Items 10% $26,900.00 ... $20,300.00 $17,900.00 $11,678.00 Contin ency - Total $295,900.00 $223,300.00 $1 96,900.00 $128,458.00 After the bid, Worth Contracting, Inc. submitted a letter stating that a substantial and honest mathematical and clerical error was made in their bid submission and requested to withdraw their bid. Therefore, the responsive law bidder was Crom Coatings, A Division of The Crom Corporation in the amount of $196,900.00 including contingency. BUDGET: A total of $105,000 was budgeted for the tank work at the three treatment plants. Due to the size and design of the ground storage tank at Water Plant ##2 it experiences less deterioration and recoating of this tank can be deferred until next fiscal year. The total amount for the work at Water Plant Nos. 1 and 3 will be $95,700 including contingency. AGENDA ITEM # 4B MARCH 11, 2013 RECOMMENDATION: Award a contract for Bid No. 1213 -3 for the Interior Repair and Painting of only Elevated Tank at Water Plant #1 and Ground Storage Tanks at Water Plant #3 in the amount of $87,000 plus a 10% contingency of $8,700 to Crom Coatings, A Division of The Crom Corporation and authorize the City Manager to sign the contract. ATTACHMENTS: 1. Bid Analysis 2. Bid Tabulation 3. Letter from Worth Contracting, Inc. requesting bid withdrawal REVIEWED BY CITY Interior Repair and Fainting of Elevated Storage Tank at Water Plant 41 and Ground Storage Tanis at Water Plants 2 and 3 Bid 127303 February 27, 2013 ,***DUE TO IN ERROR 1N THE WRITTEN RHl SUBMITTED. 1'VORTH CON7RACT[NG HAS 'WITHDRAWN THEIR Hill•• w c � Southern Road. & Bridge, Tank Rehab The Crone Corporation Worth Contracting, Inc. LLC Repair & recoat interior of 100,000 gallon elevated storage $50,000.00 $33,000.00 $37,000.00 $30,960.00 tank at Water Plant 91 (469 11th St Repair & recoat interior of the 504,000 gallan ground storage 3428,000.00 $105,000.00 $92,400.00 $59,678.00 tank at Water Plant 02 (2341 May port Rd;) Repair & recoat interior of two 150,0100 gallon ground storage tank $91,000.00 $65,000.40 $501OW -00 $34,142.00 at Water Plant #3 (90:2. assist Lit) SUBTOTAL (r-FEMS 1 - 3) $269,000.00 $203,000.00 $179,000.00 $115,780.00 TEN PERCENT (10 %) $26,M.00 $211,300.00 $17,9M.00 $12,678.00 CONTLNGEN+CV OF SUBTOTAL TOTAL BASE BID (MMS 1-3) $Z95,90a00 $223,300.00 $196,900.00 $128,458.00 PLUS 10% COhTTTItiGENCY ,***DUE TO IN ERROR 1N THE WRITTEN RHl SUBMITTED. 1'VORTH CON7RACT[NG HAS 'WITHDRAWN THEIR Hill•• w c � City of Atlantic Beach Interior Repair and Painting of Elevated Storage Tank at Water Plant fl and Ground Storage Tanks at Water Plants 2 and 3 February 27, 2013 BID 1213 -03 3:00 PM "'D UE TO 111,4' ERROR IN "T H1 '1 UT —FEN 1311D S Bar MED. WORTH CONTR CTINIG ii_1,S'% i1THDR- -4WN THEIR HID" Award of Bid based on Department Analysis and Commission Approval >Z r; Southern Road & Bridge yank Rehab The Crom Corporation Worth Contracting, Inc. LLC Required Documents X x X X SubmissiDp in Tri lieate - All Documents X x X X Sid Bond - Five Percent (511/o.) of Bid Insurance Certificate X X X X References -Three (3) X X X X License - Genera l Contractor X X X X W -9 Farm X X X X Signed Document Requirements Checklist Proof of Experience provided Proof of Experience provided X X Proof of ExpeAeen ce -Ten (10) Years from 2010 and forward from 2007 and forward X X X X Drug Free Workplace X X X X Public Entity Crimes Statement hVA NIA NIA NIA Documentation of Any Addenda: Total Base Bid Plus _10 %_ContinctencY - Lump Sum Bid for All Tanks Specified Within the Bid Specifications (one 100,000 gallon elevated tank, one 500,000 gallon $2,959,000.00 $223,300.00 $196,900.00 $138,468,00 ground storage tank, and two 150,000 gation ground storage: tanks) "'D UE TO 111,4' ERROR IN "T H1 '1 UT —FEN 1311D S Bar MED. WORTH CONTR CTINIG ii_1,S'% i1THDR- -4WN THEIR HID" Award of Bid based on Department Analysis and Commission Approval >Z r; Cc =� TtzA,+ IN( INC. General Contractor — CG 0056635 Certified — DBE, HBE, WBE 2112 Jernigan Road Jacksonville, EL 32207~6608 February 28, 2013 Tim Townsend Special Projects Manager City Hall - Public Utilities Dept. 800 Seminole Road Atlantic Peach, FL 32233 U'Liwilael -. Subject: CITY BID NUMBER 1213 -03 CITY OF ATLANTIC BEACH REPAIR AND PAINTING OF STORAGE TALKS Bear Mr. Townsend: AGENDA IT'I ?M # C3 MARLII 11, 2013 Phone: (304) 396 -6363 Fax: (904) 396 -1888 Worth Contracting, Inc., hereby informs you that there has been a Honest mathematical error and substantial clerical error that was made in our hid submission on February 27, 2013 in preparation of our bid tabulation For Bid 1213 -03. We are requesting our bid be withdrawn due to the mathematical error made by Mrs. Lawrence. If you have any questions please call me at (904) 396 -6363 Ext 26. Sincerely, t 7 ., -e, Katherine Garces Worth Presideait AGENDA ITEM # 6A MARCH 11, 2013 RESOLUTION NO. 13 -03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, URGING CITIZENS AND PRIVATE BUSINESSES TO SUPPORT "EARTH HOUR 2013" BY TURNING OFF NON - ESSENTIAL LIGHTS FOR ONE HOUR, FROM 8:30 PM UNTIL 9:30 PM ON SATURDAY, MARCH 23, 2013. WHEREAS, March 23, 2013, from 8:30 pm to 9:30 pm has been designated as "Earth Hour" by the World Wildlife Fund as a reminder that, by working together, people can make a positive impact in the fight against climate change; and WHERE, AS, `Barth Hour" is a global environmental initiative which involves something quite simple - turning off non - essential lights for one hour. The movement symbolizes that by working together, each of us can make a positive impact in this fight, protecting our future and that of future generations; and WHERE AS, since its inception in 2007, the World Wildlife Fund's annual campaign to raise awareness of environmental challenges has become a global phenomenon; and WHEREAS, World Wildlife Fund is one of the world's largest and most respected independent conservation organizations whose mission is to stop the degradation of the earth's natural environment and to build a future in which humans live in harmony with nature, by conserving the world's biological diversity, ensuring that the use of renewable natural resources is sustainable; and WHEREAS, on March 23, 2013, cities and states across the country and around the world will be joining Atlantic Beach to raise awareness and demonstrate commitment to addressing climate change. NOW THEREFORE, BE IT RESOLVED that the City Commission of Atlantic Beach designates March 23, 2013 from 8:30 pm to 9:30 pm as "Earth Hour" in Atlantic Beach and calls upon all citizens and business owners to join in supporting the aims and goals of this effort. ADOPTED by the City Commission of Atlantic Beach, Florida, this 11th day of March, 2013. MIKE BORNO Mayor ATTEST: DONNA L. BARTLE, CMC City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM N 6H MARCI [ 11, 2413 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Resolution for Florida Inland Navigation District Grant Applications BU13MITTED BY: Rick Carper, P.E., Public Works DirectorA - DATE: March 16, 2013 STRATEGIC PLAN LINK: Goal 12 Marsh Master Flan Improvements — directly related to goal of increasing access and usage of City Marsh Preserves. BACKGROUND- Proposed Grant Projects: Marsh Preserves Launch, Fishing & Public Access Improvements, Phase 2 — Construction — Estimated Total Costs - $250,000 City Match: $125,000 Marsh Preserves Pedestrian Path, Phase 1 — Design, Engineering and Permitting — Total Costs: $150,000 (est.) City Match: $75,000 The Preserve Parks, encompassing more than 400 acres of wetlands and marshes located on or adjacent to the Intracoastal Waterway (ICW), currently have observation platforms, a fishing pier, floating decks, restrooms, and education kiosks and pavilions. These parks are part of a paddling trail system for canoes and kayaks, and also have foot trails for nature observation and studies. The purpose of these projects is to expand public access to recreational and educational areas. The proposed kayak /canoe launch will provide additional ADA access directly to the ICW and its adjoining waterways north of Dutton Island. The viewing /fishing piers provide the opportunity to view and access the associated ICW marshes for environmental education, nature observation and fishing for residents and users that have not had access in the past. The Marsh Preserves Pedestrian Path will provide a handicap accessible, walking or hiking path from Tideviews Preserve to Dutton Island Road with direct access to AB and COJ's Dutton Island) Preserves. It will provide more access to and from the City's facilities, and will enhance the interrelationship between the Atlantic Beach Marsh Preserves, COTS Dutton ii and the Florida Circum navigational Saltwater Paddling Trail, The Pedestrian Path project will be accomplished over multiple years with planning, engineering, permitting as phase 1 (FY 2013/14), and construction as Phase 2 (may have multiple phases of construction as budget permits). As a result, the City will budget the match funding over the course of several years. The Florida Inland Navigation District (FIND) chant process provides for reimbursement of the Phase 1 funds after a contract for construction has been let. "Bed Tax" money is an acceptable source to match the grant funding, and staff recommends utilizing "Bed Tax" funding for this purpose. However, if the "Bed Tax" funding is not sufficient to cover the full match, then the General Fund will serve as a fallback source.. AGENDA ITEM # 6B MARCH 11, 2013 The Florida Inland Navigation District requires a resolution (see attachment) to be submitted with the application for funding, and the application is required to be submitted by April 2, 2013. BUDGET: This resolution states that the City is committed to providing $125,000 to match a FIND Grant to construct a canoe / kayak launch at the north end of Dutton Island Preserve and two marsh overlooks. The City is also committing to provide $75,000 to plan, design and permit the Marsh Pedestrian Path. Funds will be requested in the 2013 -2014 budget to be approved later this year. RECOMMENDATIONS: Approve the attached resolution and authorize the City Manager to sign the applications for the Florida Inland Navigation Districts Waterways Assistance Program grants. ATTACHMENTS: Resolution 13 -04 REVIEWED BY CITY MANAGER: AGENDA ITEM # 613 ATTACHMENT E -6 MARCH 11, 2013 111011301 ' al 1j'a WAII ii I 1 WHEREAS, THE City of Atlantic Beach is interested in carrying out the following described projects for the enjoyment of the citizenry of Atlantic Beach and the State of Florida: Project Title Marsh Preserves Launch, Fishing & Public Access Improvements, Phase 2 Total Estimated Cost $ 250,000 Brief Description of Project: Phase 2 is the construction of the Marsh Preserves Launch Fishing & Public Access Improvements (Phase 1, previously approved by FIND included design, engineering and permitting). The improvements will include a new accessible non - motorized boat launch on the northern tip of Dutton Island with associated walkways and boardwalks; a new viewin fishing pier that is ADA accessible near the existing Dutton Island entrance; and a new viewin fishing pier on the east side of River Branch Preserve to provide direct access to the Marsh Preserves from the surrounding residential area. AND, Project Title Marsh Preserves Pedestrian Path Phase 1 Total Estimated Cost - Phase I - $150,000 is for the design, engineering and permitting; Phase II has a total construction estimate of $1.5M. Phase II funding will be requested by the City of Atlantic Beach during FIND'S 2014 funding cycle. Brief Description of Project: Phase I is the design, engineering _and permitting g_ f the Marsh Preserves Pedestrian Path connecting Tideviews Preserve with Dutton Island Road and allowing direct acces to both Atlantic Beach and City of Jacksonville's Dutton Island Preserves. The ADA accessible Dath will travel on or near the marsh front along the eastern edge of the River Branch Preserve. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Atlantic Beach that the project described above be authorized, AND, be it further resolved that said City of Atlantic Beach make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project in behalf of said City of Atlantic Beach, AND, be it further resolved by the City of Atlantic Beach that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out Form No. 90 -21 (Effective date 12- 17 -90, Rev. 10- 14 -92) AGENDA ITEM # 6B MARCH 11, 2013 the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Atlantic Beach for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88 -352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Atlantic Beach City Commission at a legal meeting held on this 111h day of March 2013. Attest Title Signature Title (2) Form No. 90 -21 (Effective date 12- 17 -90, Rev. 10- 14 -92) AGENDA ITEM # 7A MARCH 11, 2013 ORDINANCE NO. 5 -13 -58 AN ORDINANCE OFT CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2 -16, TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR ONE (1) REGULAR MEETING AND ONE (1) SCHEDULED WORKSHOP PER MONTH, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: Sec. 2 -16 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows" "Sec. 2 -16. Time and place of regular meetings and scheduled workshops. (a) The regular meetings of the city commission shall be held on the second Monday of each month. (b) Scheduled workshops of the city commission shall be held as follows: (1) In the months of January through November, on the fourth Monday of the month. (2) In the month of December, on the third Monday of the month. (c) All regular meetings and scheduled workshops of the city commission shall be held in city hall at 6:30 p.m. (d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall be held on Tuesday immediately following the holiday." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 25th day of February 2013. PASSED by the City Commission on second and final reading this day of LOUIS BORNO, JR. Mayor, Presiding Officer ATTEST: DONNA L. BARTLE City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney 2013. AGENDA ITEM # 713 MARCH 11, 2013 .1 1=1 111VAIISIMUI AN ORDINANCE FOR THE CITY OF ATLANTIC BEACH, FLORIDA 1 s. FISCAL YEAR BEGINNING OCTOBER I 1 ENDING is I. 2013, . AND PROVIDING DATE. EFFECTIVE WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the City is proposing to upgrade its Laserfiche Software for the purpose of providing better search capability for public access to city records. This ordinance includes $15,000 to purchase the software and an additional $2,000 for the related annual support, and WHEREAS, the City proposes to accept donated funds restricted for the purchase of wetlands just south of Dutton Island Road from the River Branch Preserve Foundation. This ordinance creates a budget for both the donation and the land purchase of $103,243, and WHEREAS, the City budgeted a match of $9,934 for the Wind Retrofit Grant last year and those funds were moved to a Special Revenue Fund specifically for that purpose. The project is now complete, but only a portion of the match was required. This ordinance moves the remaining funds back to the General Fund. 1 11 IYAW, TITE Expenses: City Administration Information Technology Capital Outlay - Software $15,000 Maintenance Contract 2,000 General Government Non - Departmental Capital Outlay — Land $103,243 Total Expenses: Fund Balance Expenses: Transfers to General Fund Fund Balance 2. This ordinance shall take effect immediately upon its adoption. AGENDA ITEM # 713 MARCH 11, 2013 —1120,243 Passed by the City Commission on first reading this 25th day of February 2013. $59196 < -5 1 6�> Passed by the City Commission on second and final reading this day of March 2013. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna L. Bartle, CMC City Clerk Ordinance No. 20 -13 -121 Page 2 of 2 AGENDA ITEM # 8A MARCH 11, 2013 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Marsh Master Plan 2013 Grant Applications Approval SUBMITTED BY: Ricky L. Carper, P.E., Public Works Director DATE: February 27, 2013 STRATEGIC PLAN LINK: Goal 12 Marsh Master Plan Improvements — directly related to goal of increasing access and usage of City Marsh Preserves. BACKGROUND: The City's Marsh Master Plan includes many projects that are anticipated to need grant funding assistance for construction. The Commission earlier approved contracting with HHI Design for grant research and writing assistance for the Marsh Preserves Pedestrian Path, extending from Tideviews Preserve to Dutton Island Road along or near the marsh front at the western edge of Atlantic Beach. HHI has recommended several grants to pursue with the Florida Inland Navigation District's (FIND) Waterways Assistance Program and FDEP's Office of Greenways and Trails (OGT) Recreational Trails Program grants having near term application deadlines. The FIND grant has been previously discussed with the Commission and is addressed by a separate Staff Report. The OGT grant provides up to $200,000 for non - motorized trails with match requirement varying (50/50, 60/40, 80/20) with maximum points awarded for 50% match. Application deadline for the OGT grant is March 29, 2013. BUDGET: Funds for design and permitting of the Preserves Path are included in the Preserves Capital Improvement Plan for Fiscal Year 14 -15 and will be included in the Public Works Budget Request for discussion at the budget workshops this summer. RECOMMENDATIONS: Approve Staff applying for the FIND and OGT grants and authorize the City Manager to sign the applications and subsequent grant related paperwork when completed. ATTACHMENTS: Marsh Master Plan slide showing proposed Marsh Preserves Pedestrian Path. REVIEWED BY CITY - MANAGER: _ i ad ul "IN ANU I-III—WL ROM& C I IY OF JAC I' !,(JV I I I I 1)[11 [ON 1SLAND ITF'�[ RVI ................... "UN UITY AGENDA ITEM # SA MARCH 11, 2013 C0P1tJLCtIJ'J TODGINHER' "-jWW95 agTRAIL 7HRUMH FAV LL Z. P WAMOW 'A RIVER pAMOLL BRANCH i 53 RRESERVE MEW GVERWOK 110AMWALK OVER MARIN fOCIMNLCTNEW (1 t*LnY1U TRAIL M- TI'Dr Vit—IIIERERVE (ICINU 11—THY000MRIEUTO LITIO"ISLANDPRENCHIM nCHam LAUZ. oAnCEL IILNW� [I— 14 NT ::I PFtEBERVE CMIN"': ntrfl VETFRMIS hIEF"ONIA L NEW AMEN"WEI LEGEND "I LAISUA9 NOW 0031`01WK f..N,g A�.... PAW dty ftop.rly 110tAdIfy Folenil.1 Paik EXPbAJIM cammunllvc....&Ry NMI-CIty QW11" PA(M NiimpTralls K—O-M-k 01—YT,AWL00P# A.— EflWOU MOILft SJUP9G. 1-11— ry-CH-1.111Y 0 UmMarlh5linage1�40ns pur", Nwdfid 12 ExI.drig junh paid H—bawrosp9nOW I't LYPA-MION .4 N— P, ... — 71.11 M.— Wpr--h h—fd Overall Master Plan City of Atlantic Beach Marsh Preserves Launch, Fishing & Public Access Improvements, Phase I it P L A ko ,x- 7 '7 "-jWW95 agTRAIL 7HRUMH FAV LL Z. P WAMOW 'A RIVER pAMOLL BRANCH i 53 RRESERVE MEW GVERWOK 110AMWALK OVER MARIN fOCIMNLCTNEW (1 t*LnY1U TRAIL M- TI'Dr Vit—IIIERERVE (ICINU 11—THY000MRIEUTO LITIO"ISLANDPRENCHIM nCHam LAUZ. oAnCEL IILNW� [I— 14 NT ::I PFtEBERVE CMIN"': ntrfl VETFRMIS hIEF"ONIA L NEW AMEN"WEI LEGEND "I LAISUA9 NOW 0031`01WK f..N,g A�.... PAW dty ftop.rly 110tAdIfy Folenil.1 Paik EXPbAJIM cammunllvc....&Ry NMI-CIty QW11" PA(M NiimpTralls K—O-M-k 01—YT,AWL00P# A.— EflWOU MOILft SJUP9G. 1-11— ry-CH-1.111Y 0 UmMarlh5linage1�40ns pur", Nwdfid 12 ExI.drig junh paid H—bawrosp9nOW I't LYPA-MION .4 N— P, ... — 71.11 M.— Wpr--h h—fd Overall Master Plan City of Atlantic Beach Marsh Preserves Launch, Fishing & Public Access Improvements, Phase I AGENDA ITEM # 813 MARCH 11, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request to approve proposed projects for fiscal year 2013/2014 Community Development Block Grant (CDBG) funds. SUBMITTED BY: Rick Carper, P. E., Public Works Director DATE: March 4, 2013 STRATEGIC PLAN LINK: Related to Goal 4. Atlantic Beach West Integration, Goal 5. Encroachment on and Expansion of City Parks. and Goal 12 Marsh Master Plan Improvements BACKGROUND: In accordance with the Interlocal Agreement with the City of Jacksonville (COJ) the City of Atlantic Beach (COAB) annually receives CDBG funds allocated on a per capita basis. These funds may be used for several categories of activities including certain public infrastructure improvements. Any activity undertaken must serve low and moderate - income residents within the City's designated CDBG neighborhoods. Grant funding such as CDBG Grants are supposed to supplement local government spending not to "supplant" or replace it. This has become known in Atlantic Beach as the "But for..." criteria, whereby "If not for CDBG funding, these projects would probably not be done." COAB has not yet been notified as to the funding amount for the 2013/2014 fiscal year, but we anticipate receiving between $70,000- $75,000. Applications are now due to be submitted to COJ. Staff meets yearly to identify and discuss potential projects with priority given to projects needed to serve community needs for which other sources of funding are not available with an emphasis on Strategic Plan objectives. Staff reviewed and ranked project options for next year's funds. Project summaries are included in attachment 1. Project ranking for the upcoming 2012/2013 fiscal year: 1) Donner Park Baseball Field Upgrades — Fence, Batting Cage, Bull Pen and Bleachers 2) West 9`h Street Sidewalk — Orchid St to Mayport Road (Camelia to Orchid completed) 3) Marsh Overlooks — as discussed in the Marsh Master Plan 4) Rose Park Water Feature — would require at least two years of funds 5) Roberts Street Ditch Upgrades Each activity meets objectives used by the City in allocating these funds over past years. Project 5 would require the City to take ownership of FDOT's Drainage Right of Way and is not supported by the residents adjacent to the project area. BUDGET: $75,000 (or amount allocated) to CDBG Fund 110 - 5506 - 535.83 -00 for fiscal year 2013/2014. Funds will be budgeted in appropriate expenditure account during regular budget process. RECOMMENDATION: Approve one or more projects as described herein and authorize the City Manager to submit the request to the City of Jacksonville and sign documents as necessary to execute the contract. ATTACHMENTS: 1. Project Summary Sheet REVIEWED BY CITY Possible 2013 -2014 CDBG Projects Estimated Cost Comments Donner Park Upgrades Includes ball field upgrades - move / replace fence, construct batting cages and Bull $70,000.00 Pens, resod outfield, electrical upgrades. Complete West 9th St Sidewalk $50,000.00 W. 9th St - Mayport Rd to Orchid St (Camelia to Orchid completed) Marsh overlooks at street ends (per Overlooks are proposed for the W. 3`d, w. 6th W 9' and W. 14th Street rights of Marsh master plan) way. W. 6th under design using FIND Grant. Cost estimate assumes construction of overlook and 100 LF of boardwalk (based on COJ costs to construct overlook $100,000.00 and boardwalk at Castaway island Preserve). Rose Park Water Feature (Commissioner Daugherty's proposal) $160,000.00 Robert Street Ditch upgrade Cost is for bank restoration to 1972 template and stabilization using Geogrid. Bas e on unit costs in 2012 SWMPU. Cost to install sheet pile bulkheads with concrete cap and fencing for FDOT portion estimated at $420K - $580K. Cost to pipe the ditch was estimated at $600K - $750K. Southern 2 blocks of ditch are FDOT, $100,000.00 northern block is private property. Y �a x �-j N O � w x W AGENOA ITEM # RC MARC'I I 11, 2013 CITY QE ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Appointment to the Board Member Review Committee (BMRC) SUBMITTED BY: Donna L. Bartle, CMG A8 City Clerk DATE: March 1, 2013 BACKGROUND: The Beard Member Review Committee (BMRC) has a total of six members (five voting members and one non- voting member). The membership consists of a Commissioner as Chair, three citizen members, the chairperson of the related board or committee being addressed, and the City Cleric. The City Clerk is not a voting member. On March 27, 2013, citizen member Mitch Reeves' terra will expire. The Commission will need to make an appointment to fill the upcoming vacancy. The applicants to be considered are as follows: 1. Mitch Reeves (for reappointment) 2. Solomon Brotman Both applicants have been contacted and are interested in serving on the BMRC. BUDGET: No budget issues. RECOMMENDATION: Review and consider the applicants listed above and reappoint or appoint one to serve on the Board Member Review Committee for a 2-year term effective March 28, 2013. ATTACHMENTS: 1) Board Member Review Committee membership listing 2) Two applications Reviewed by City Mana er: March 4, 2013 AGENDA ITEM # 8C CITY OF ATLANTIC BEACH MARCH 11, 2013 Board Member Review Committee C) Created by Resolution No. 05-04 on April 11, 2005; Amended by Resolution No. 06 -03 on Feb. 13, 2006; Amended by Resolution No. 12 -08 Total of Six Members (5 voting members & 1 non - voting member): Commissioner member- 1 year term- no term limit; Three Citizen Members- 2 year term- 2 term limit; Chairman of the board or committee for which vacancy is currently being considered; City Clerk- non voting member. NAME & ADDRESS POSITION/ BUSINESS HOME / CELL / EXP. DATE EMAIL Jonathan Daugherty CHAIR (904) 859 -2469 830 Hibiscus Street Commission Member Atlantic Beach, FL 32233 Regular Voting Member 1st Term exp. 12/1/12 Mitchell Reeves Citizen Member (904) 626 -4318 1663 Sea Oats Drive Regular Voting Member (904) 212 -1137 fax Atlantic Beach, FL. 32233 1st Term exp. 3/27/13 Mereeves1663 @comcast.net Rita Pierce Citizen Member (904) 241 -1974 483 Aquatic Drive Regular Voting Member ritapiercel @hotmail.com Atlantic Beach, FL 32233 1st Term exp. 3/27/14 Jerry Johnson Citizen Member (904) 372 -7064 2322 Beachcomber Trail Regular Voting Member (904) 923 -7033 Atlantic Beach, FL 32233 1st Term exp. 5/14/14 Jhnsnjrry1654 @bellsouth.net Chairperson of Related Board Board /Committee Chair Varies Varies or Committee being addressed Voting Member No expiration Staff Liaison for Related Attends meeting to provide Varies Varies Board or Committee being information to applicants being addressed interviewed and to the BMRC members No expiration Donna Bartle City Clerk/Recording Secretary (904) 247 -5809 dbartle @coab.us (904) 247 -5846 Fax All Official Correspondence Should Be Mailed to: 800 Seminole Road Atlantic Beach, FL 32233 Email: dbartle @coab.us AGENDA ITEM # 8C CITY OF ATLANTIC BEACH MARCH 11, 20I3 BOARD/COMMITTEE E BE APPLICATION FORM Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. (A summary of each board/committee is available on page 2 of this form.) Code Enforcement Board _ Community Development Board Pension Board of Trustees X Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: March, 4, 2013 APPLICANT'S NAME: Mitchell "Mitch" Reeves ADDRESS: 1663 Sea Oats Drive, Atlantic Beach, FL 32233 DAYTIME PHONE: 904 - 626 -4318 EVENING PHONE: Same E -MAIL ADDRESS: mereeves1663keomcast.net FAX: N/A Please explain any employment experience, board/committee experience, and /or community volunteer experience relative to the board/committee applying for. Atlantic Beach Board Review Committee Member 2011 to Present St. Johns Ferry 'Task Force Member 2011 to Present (Event Chair & 'Task Force Chair Beaches Exchange Club Current Vice President Elect COAB Police Building Ad Hoe Committee 2012 Co -Chair Beaches Watch Member Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. The past experience I have gained being involved in State and Local Government, and the ability to work with non - government people is my strongest point. I feel that an "A Ivey Community Partnership" results in a strong community. When I made Atlantic Beach my home, it was not just the house it was the city itself. Being Re- Appointed would provide me the vehicle to give back for what I enjoy in Atlantic Beach. Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest" is provided on page two of this application. This application will expire two (2) years after date of submittal. AGENDA ITEM # 8C MARCH 11, 2013 BEACH CITY OF ATLANTIC BOARD / COMMITTEE MEMBER APPLICATION FORM Please check (4) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. (A summary of each board /committee is available on page 2 of this form.) Code Enforcement Board '2 Community Development Board _ Pension Board of Trustees 3 Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: 2. / I / 13 APPLICANT'S NAME: I.10111CI SoLC>rn 0 J L) G, 07-fn ACJ zc:�4� Bg -ii,(�W 32233 DAYTIME PHONE: 3 4 `� C ct I EVENING PHONE: 2-4'1 - 2-c,,4 I E -MAIL ADDRESS: SC�3�o rr„�:� t�RoD1G4.n►s r FAX: 3ab. goq I Please explain any employment experience, board /committee experience, and /or community volunteer experience relative to the board /committee applying for. 5NAI.L 1)US1r,)F.S.S C7WMER. 2E 'ICAIZS FOR.rg4R C(kPO(;n�L Cf ;(D )NVOt.v�� W;TN bOWO Tnwr) BALTim01ZZ RfiD�Vg'LOPA10JT Iry ;Ian t48()'( i�AST CNFs1R �IdAI�A 10A2J OF 1)cr.j7jS —,pV 1, IaAjt ,e (D,, ]�+� (77N�•�AX J`GWtSIJ FArn�L�( (Jp(YIYtUty��i S4PVtClS .�ACICSoNV�� L�CO�SS� Cwt, rnl�,ia� 1df�t �U [rnv__N�IJi o•J Corrl,*� l�oAO�� 5�. �I1fittiCi4:a 'l 1,4A13£.rrSIJ1Q �ACkS�tJV��L4 �iv €E C7AR�£� (�oc.'O�rJrZ CornF�'�� oAR�, J.gceS�,�v�t,L� Wvmnlyl rV�GN�s (�oM^��SSro-� CE-�'�'£P- SOP- GoP`I�oR/3�f ` hAM�� IIEA2't�.l Oo.o2�j Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board /committee. 2� Y C.A!- PU. 110 f J7- oc AT LAn1TIc '8C_AC44 C}lA1Rf i) CoChr<`�iT�4 T1JA i [vRni CuAPTE¢.S 0(- cuRP Ji .�/lCiC5on/Vtli4 p��r.�R�JGES _ COrJSIJITA Nt Ib LOP 1TJ� �� O� (�EAI ��1 IiEC�F "�21�1�G VIQLA-- I"Jn-s aF C'Loa IDA $TgiVT'�,S i �LO2IDA �M�r115T(ZA �\v�. Cv7� G1aA1fLti� '' RI�Ju�ICAT�� WvtJ��£l�S 0E 1ZIQ(.S UrVbirl S 64APTV2 12b Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE: Members of the Code Enforcement Board, Community Development Board and Pension Board of Trustees are required to file Statement of Financial Interest Forms. Also, information regarding "Conflict of Interest" is provided on page two of this application. This application will expire two (2) years after date of submittal. AGENDA ITEM SUBMITTED BY DATE: STRATEGIC PLAN LINK: BACKGROUND: AGENDA ITEM # 8D MARCH 11, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Review of Resolution No. 12 -04 imposing a moratorium on the sale of used automobiles within the commercial general zoning districts Michael Griffin, CBO, CFM Director of Building and Zoning Erika Hall, Principal Planner February 27, 2013 Mayport Corridor Revitalization On March 12, 2012 the City Commission approved Resolution No. 12 -04 (attached) providing an opportunity for staff to investigate possible changes to the zoning code to limit or otherwise restrict the uses by exception for used car lots within commercial general districts, and return a recommendation. In response, staff recommends the current development review /permitting /enforcement process be engaged so that site appearance and function related to a new business are improved whenever a use -by- exception is approved by the Community Development Board (CDB) and City Commission. Specifically, all use -by- exceptions, should be approved based upon requirements relating to Section 24 -63, ingress /egress, off - street parking, adverse impacts to adjoining properties, refuse services areas, screening and buffering, and compatibility with adjacent properties. Additionally, those properties located within the areas delineated as the commercial corridor must also comply with the provisions of Section 24 -171, Commercial development standards. At the February 19, 2013 CDB meeting it was recommended by a 5 -0 vote that no revisions be made to the current list of permitted uses or uses -by exception at this time, but that staff be allowed to implement improved administrative procedures which utilize a more thorough site plan and compliance monitoring process. BUDGET: No budget impact RECOMMENDATION: Endorse the February 19, 2012 CDB recommendation to set administrative standards for use -by- exception reviews. ATTACHMENTS: Resolution 12 -04, CDB February minutes, Sec. 24- 63 Use -by- exception, Sec. 24 -111 Commercial General (CG), Sec. 24 -171 Commercial corridor development standards REVIEWED BY CITY MANAGER: o _n.. ._ AGENDA ITEM # 8D MARCH 11, 2013 RESOLUTION NO. 12-04 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IWOSING A MORATORIUM ON USES BY EXCEPTION FOR USED CAR LOTS IN COMMERCIAL GENERAL DISTRICTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there currently exists a procedure in Chapter 24 of the Atlantic Beach Code of Ordinances for granting within the commercial general zoning districts a use by exception for the sale of used automobiles, and WHEREAS, the City of Atlantic Beach is a predominantly residential community, and it is a stated goal within the comprehensive plan that the residential character of the City should be retained, and WHEREAS, as such, the appropriate level of intensity for commercial general uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity, and WHEREAS, there has been considerable effort made by the City to improve the Mayport Road corridor which currently has four (4) used car lots in the City of Atlantic Beach and another three (3) in Jacksonville's portion of Mayport Road, and WHEREAS, the City Commission has directed City staff to investigate possible changes to the zoning code to limit or otherwise restrict uses by exception for used car lots in commercial general districts, and WHEREAS, until a final determination can be made regarding any changes to existing zoning classifications and granting of uses by exception therein, it is in the best interests of the City of Atlantic Beach and its residents and property owners to temporarily halt granting uses by exception for any used car lots in commercial general districts, which the City Commission determines to be for the public health, safety and welfare of all residents of the City. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. A moratorium is hereby imposed on the granting of uses by exception for used car lots in commercial general districts of the City of Atlantic Beach. SECTION 2. This moratorium shall continue in effect until new legislation is passed which addresses the granting of uses by exception for used car lots in commercial general districts, or until the expiration of twelve (12) months from the effective date hereof, or until rescinded by the City Commission upon a determination that the public need for such moratorium no longer exists. SECTION 3. The City shall take whatever further action may be necessary in order to implement the terms hereof. AGENDA ITEM # 8D MARCH 11, 2013 SECTION 4. This moratorium shall not apply to any applications for uses by exception for used car lots in the commercial general districts which have been requested in writing on the appropriate City forms and submitted to the City prior to the effective date of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its final passage and adoption. +h PASSED by the City Commission this 12 day of M 4'c 2012. ATTEST: ' Amniv Donna L. Bartle, City Clerk Louis "Mike" Borno, Jr., Mayor as to form and correctness: Jensen, Esquire Resolution No. 12 -04 Page 2 of 2 Draft A��inutes of the February 19, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8D MARCH 11, 2013 r v 1 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT 13, D February 19, 2012 1. CALL TO ORDER. - 6:00pm . . . .... Acting Chair Kirk Hansen verified the presence, I ) of..%,'a'quo-ru'm.,.with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, B I and Patri atton. The meeting was called to order at 6:00pm. Also presppWc"A" ere NS Mayport Oftn and ex-officio board member Matt Schellhorn, Principal P-l". "finer Erika Hall, Build R ;-.,,rand Zoning Director Michael Griffin, and City Attorney Alan 1'ensen. City.;` ,*:Commissiorfb Maria Mark was a member of the audience. M& Hall report6d".1b ber Sylvia Simmons was absent due to a vacation schedulea;p'r"i�"Q'.r.�.,,,.to her app 6 . i h 11 f ent to the board, and that member Harley Parkes was absent cluei A. 2013 ELECTIO•DF OFFICERS',ii:, Mr. Hansen..;.n q min'a""'ed Brea Pa as Chal[g,"and M r Burgess s econced the nomination. Mr. Elmo nominated Kirk r k H a— d , nomina e n 5 -P, n being no second and no 'ed for a vof The Board voted unanimously, additional" nations*-Mr HanseH.","" fl"" 5-0, to elect" Paul-..$ftPir of th' Community Development Board for calendar 2013SCHEDV Hall provid'iWOoard" Rmbers with a copy of the 2013 schedule of meetings, M d ion sub i a I an � pu , g..,hea ring notice deadlines. There was no discussion. 2. ADOPT16N.OF MEETING.:MINUTES - SEPTEMBER 18, 2012. Ms. Paul callfecfor a motion to approve the minutes of the September 18, 2012 regular meeting. Mr: ",`H that minutes be approved as written. Mr. Stratton . .. .. . . . ......... seconded the mo-66KR it carried by a vote of 5-0. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. ZVAR-13-00100043,698 BEACH AVENUE (EmlyPurcelt owner) (a) Request for a variance from provisions of Section 24-157(b)(1), reducing the required front setback (east, adjacent to Beach Avenue) from 20.00' to 13.80'. to replace an existing chain link fence with a 6'-high shadowbox privacy fence. Page I of 7 Draft l fhtutes of the February 19, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8D MARCH 11, 2013 (b) Request for a variance from provisions of Section 24- 157(c)(1), reducing the required street side setback (north, adjacent to 7rh Street from 10.00' to 0.00; to construct a new 6' -high shadowbox privacy fence. Staff Ms. Hall presented a brief history of the property and an overview of Report current redevelopment activities, as also detailed in her staff report. She stated that the applicant has requested to construct a six (6) foot high shadowbox privacy fence around the entire property, and she explained that, due to the suggested locationa `:o;f, two segments of the proposed fence, the applicant requires var,;iance'from two provisions of Section 24- 157. ...:,.. Segment "A" is pro approximately 13.8 Section 24- 157(b, #.. maximum height"ic variance of 6.2' is r location.:.:.. Ms. Hall-`,`,',' btWthat previous lo'eation'ofa:, removed, was,'conside location requirements yard` was previously c renovations included;. non -co forming hous;; fro nts'onto_8each Aver L6 %e locate:d<;within the required front yard, `the property'li;f';e, This segment is subject to ch states "with i'n;'required front yards, the fence shall be four`(4). feet ". Therefore a ry to install the 6'- high?fence in the proposed the proposed location of Segment "A" was the 4' -high chain"".. fence. That chain link fence, now red to be in compliance with both the height and with Sect)on 24 157 because the Beach Avenue of s1. ed the street side yard. However, current `re- orientation, and re- addressing of the existing e which was constructed in 1926, such that it now it "B" is`ro °o ed to be located direct) on the northern property p l3 ..;.:. Y p p Y t..;, Ijacent to 7 °Street. This segment is subject to Section 24- Ljhich states "for corner lots located on rights -of -way that are )) fee't: ?br less in width, no fence, wall or landscaping exceeding feet in"'. height shall be allowed within ten (10) feet of any lot line buts a street ". Therefore a variance of 10' is necessary to install igh fence in the proposed location. I noted the presence of a substantial topographic depression in r yard of the subject property as the primary rationale for this variance request, explaining if the fence were constructed in accordance with Section 24- 157(c)(1), it would have an effective height of 5' or less, thus compromising the property owners' privacy in their pool and outdoor living area. She added that the sidewalk located within the southern shoulder of the 7th Street right -of -way is a high -use path to the public beach access at the eastern terminus of the street, just a block away. Applicant Todd Bosco, Bosco Building Contractors, spoke on behalf of property Cornmeat owner Emly Purcell. He stated that privacy in the rear yard was the most Page 2 of 7 AGENDA ITEM # 8D Draft M�nutes ofthe February 19, 2013 regular meeting ofthe Community Development Board MARCH 11, 2013 pressing concern, and that the depression would serve as on -site retention. Public Murray Benz (675 Beach Avenue) said she lived directly across Beach Comment Avenue from the subject property and greatly appreciated the improvements being made. She added that she understood the property owners' concern over privacy due to the inordinate amount of foot traffic along the 7th Street path during season. Board [The Board addressed part (b) of ance request out of order]. Discussion :..: _.._. Mr. Hansen expressed toner- ti":.`th"'Ot'approval of this variance would set a precedent, to which Mr. EI•rnore'responcled that the nature of the subject property — the shape;aild:topography� 'ofahe parcel, the age and non- conformity of the structure, the proximity'-, :t he street — resulted in a unique set of circumstances unlikely to be matched by future applicants. Because the variantesa-re reviewed, on a case -by,-,',',case basis, he did not feel this was precedent - setting. Mr. Strattgln #aaid, he believed t(e, property satisfied the conditions for a variance, as it met the first condition under grounds for approval (exceptional.' graphic conditions) M.r. Hansen agreed. ;. th Mr: Elmore notedthat the intersection of Ocean Boulevard and 7 Street is a high traffic area;,;he,wouId encourage landscaping outside the fence to soften the stark'jess of the proposed 6' -high privacy fence. Mr. Strattgr •,'.agreed he W66I•d like to see plantings to soften impact of the fence;, b.ut,IVIs-3;Pau) reminded that if the fence were located directly on the property line, arty landscaping would occur within the public right -of- way :::;;She caution at such landscaping could easily interfere with passage' "along the sidewalk in the adjacent right -of -way. Bo "O members discussed possible approval of a lesser variance - nine (9) feetnstead of the requested ten (10) feet — noting offset could be used to,=a'ccommodate landscaping. Mr. Elmore asked if that would be ar:e' able to the property owner. Ms. Purcell approached the podium an'd' "explained to the Board that she had spent over two million dollars improving the property, and it should be evident that the fence would be nicely done. Mr. Burgess asked Ms. Purcell if a reduced variance of nine (9) feet would be amenable, to which she replied she would prefer ten (10) feet, but it was entirely the Board's decision. Mr. Stratton then inquired as to the steepness of the slope and how close it was to the property line. Ms. Hall responded that the depression was at least one (1) foot and possibly more, and that there was a rapid drop - off to the south of the property line. Mr. Bosco reiterated the existing topographic depression was to be utilized to meet storm water Page 3 of 7 AGENDA ITEM # 8D 'Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board MARCH 11, 20I3 detention /retention facility requirements, and therefore could not be filled. Motion Mr. Hansen moved that the Community Development Board approve ZVAR- 13- 00100043(b), request for a variance from Section 24- 157(c)(1), reducing the required street side setback (north, adjacent to 7th Street) from 10.00' to 0.00', to construct a new 6' -high shadowbox privacy fence, finding that the subject property, which is a corner lot surrounded by streets on three sides, is impacted b�r.aytopographic variation that lessens the property owners' ability toscreen and maintain privacy in accordance with Section 24- 157:'`Wlthin the rear and side yards adjacent to 7th Street. Mr. Strat�on3 %s0c.Oftded the motion and it passed unanimously, 5 -0. Board [The Board next add� essed part (a) of the variance request.] Discussion Mr. Elmore stated 'thgt.-in contra supported approval of`"ava.riance differentiated this front ya:rd., iroi existing househas special cond.i..ti street, thole, sarn_econditions are then asked' f:;there Waa :'some spec that location.';...__. Mr. the to the unique,, circumstances that -Segment "B",,., ; f e;.aaw nothing that others in the vicinity. While the s due to age and proximity to the Fident all along Beach Avenue. He need to construct a 6' -high fence in respond,: d;: hat the ma`in`- ,,concern was to address the privacy of yard, wlerethe pool and outdoor living area are located. al-this time:,rio real plans had been developed for this interior ,ess moved'`that'the Community Development Board deny ZVAR- 00.43(a), request for a variance from Section 24- 157(b)(1), tfae:i;required front setback (east, adjacent to Beach Avenue) .00' 't 13.80', to replace an existing chain link fence with a 6'- dowbox privacy fence, finding that the subject property did not y of the specific grounds for approval of a variance as provided in 24- 64(d). Mr. Hansen seconded the motion and it carried )usly, 5 -0. B. REV-2013-01 Review of Chapter 17 provisions regarding flags Staff Mr. Griffin presented the City Commission's request that the Community Report Development Board review Chapter 17 provisions and make a recommendation as to the regulation of flags. He explained it has been staff's interpretation that only US flags are permitted in accordance with Chapter 17 regulations. He then summarized provisions regarding flags from several neighboring and nearby jurisdictions, including the City of Neptune Beach, City of Jacksonville Beach, City of Jacksonville and St Page 4 of 7 AGENDA ITEM # 8D Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board MARCH 11, 2013 Johns County. Board Mr. Stratton asked what was driving the request, to which Mr. Griffin Discussion responded that there had been a code enforcement action against a commercial establishment for flying a non -US flag. Mr. Stratton replied that he felt anyone should be able to fly a national flag. Mr. Elmore agreed, so long as the flag was flown on private property in residential areas; however, in non - residential areas, such a flag could be perceived as advertising. Mr. Stratton repeated and;,;askefor confirmation, that according to current interpretation, the "eo;mmerc a;Vestablishment owner would have been allowed to fly an,'rerican flag and;would not have been cited, but because he flew ,,a'eo'n- American natio'n'al; flag, he was cited for advertising. Mr. Straiton then asked what if thentention of the flag was merely patriotism to,""c' ountry of origin. Mr. Burgessstated that he'was'':sfrongI in favor of anyone being able to fly a nati_dh't flag other than a;;US flag, and Mr. Stratton concurred. Mr. Hansen no,ted'thatnetional flagsa;re often integral to the recognition of an establishment o`rpro .uct. 1VIr.$urgess stated he tbou'ght,`business `owners should be allowed to hav '!, at; least one `add tional flag in addition to a US flag. Ms. Paul agreed;;;::;; but said s,h;e;# ?''would like a maximum size defined. Further discussonjegarding',';the appropriate number and size of flags to be are moved`that:the Community Development Board recommend ify.;Commission revision of Chapter 17 provisions regarding flags, if"o`ne:,(1) flag in addition to the already permitted US flag, with a m size';.'.of twenty -four (24) square feet. Mr. Burgess seconded the and it carried unanimously, 5 -0. and took a two - minute break from 7:12pm to 7:14pm, at the of Mr. Stratton.] C. REV-2013-02 Review of use -by- exception for used car lots in Commercial General zoning districts, particularly within the Mayport Corridor Staff Mr. Griffin reminded the Board that last spring the City Commission had Report placed a moratorium on used car lots in the Commercial General (CG) zoning district in order to give staff time to evaluate the permitted uses, uses -by- exception and application review procedures, in order to make recommendations as to improvements. That moratorium is due to expire on March 12, 2013. Page 5 of 7 Draft ATinutes of the February 19, 2013 regular meeting of the Community Development Board Board Discussion REV 2013'-0,;' Review of pr Ordinance as Building Code. AGENDA ITEM # 8D MARCH 11, 20I3 Mr. Griffin reported that staff has been working to improve administrative procedures to ensure better compliance with zoning regulations as well as specific conditions placed upon granted uses -by- exception. He explained that all such uses shall be monitored to ensure continued compliance with all requirements related to ingress /egress, off - street parking, refuse service areas, screening and buffering, as well as adverse impacts to and compatibility with adjacent properties. Additionally, those properties located within the areas delineated as the commercial corridor must also comply with the commercial corridor development standards. Mr. Griffin asked the Bo Commission as to wheal sufficiently address tf'e;: related uses within:th'.`Co Mr. Elmore stated t I;to= '`rr;ake a recommendation to the City z`or nohpy felt these measures would e of used "6R,-.,;-.,1 lots and other automotive - iercial Generar?'zo;ne along Mayport Road. believes a means to ensure vcompnai develop R ent•; regulations, `a'nc -`, :61 on the a`pprovah,as needed. `He' should reco nmertd ;;complete ci approval by�ft City 'Co mission. e use- by- ex eepton process provides with existing`s`zoping and land s additional conditions to be placed phasized that he believes the Board )I.iance within 90 -120 days of final t lure:;,to comply within the specified time `enforcement action, but a return to the City then act to amend or revoke an approved use- 3nsen movecJ;that tr'e' Community Development Board recommend `;city Commission no revisions be made to the current list of tted:;uses or uses -by- exception at this time, but that staff be �d td''i element improved administrative procedures which utilize thorougifsite plan review and compliance monitoring. Mr. Elmore ded the motion and it carried unanimously, 5 -0. revisions to City Code Chapter 8 Floodplain Management 'by the State of Florida for adoption as part of the 2010 Florida Staff Mr. Griffin explained that floodplain management regulations consistent Report with the National Flood Insurance Program (NFIP) are considered either technical or administrative. The technical provisions were incorporated into the 2010 Florida Building Code (FBC) which was adopted on March 15, 2012, while the administrative provisions must be adopted by local governments and incorporated into municipal codes. The Federal Emergency Management Agency (FEMA) has established June 3, 2013 as the date by which Atlantic Beach must adopt said administrative provisions. That is also the date on which the new flood maps will be Page 6 of 7 AGENDA ITEM # 8D Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board MARCH 11, 2013 5. Q adopted. Mr. Griffin said the proposed ordinance is a boilerplate which has been reviewed and approved by the State of Florida Division of Emergency Management. Further, he has reviewed the draft and modified it for consistency with the Atlantic Beach municipal code. He asked the Board to review the draft and make a recommendation to the City Commission to adopt. Board Mr. Elmore asked if the ordinance:r' any way limited local government's Discussion authority. Mr. Griffin replied that t'did not. He explained that floodplain management is a federal program #interms of oversight; however, states have the authority to desigriate- aclmitnjst.ptive duties. Motion Mr. Elmore moved,; :tl afi ttie Community D'euelopment Board recommend adoption of the proposed revisions to City'`Cgde Chapter 8 Floodplain Management Ordin`a "rige,as required, by the State of. Florida, finding that the provisions are consistent with- ,ANYgoals, objectives a,nd policies of the 2020 Comprehensive Plan; as adopted; the purpose, and intent of Chapter`',,:24?Lan;d Develop' iYe`t. Regulations, of the Atlantic Beach Municipal Code; as- adopted, an:d: the 2010 Florida Building Code, as adopted MrBurgess seconded tfie motion and it carried unanimously, Page 7 of 7 AGENDA ITEM # 8D MARCH 11, 2013 Sec. 24 -63. - Use -by- exception. The following steps shall be required to request a use -by- exception. A use -by- exception may be approved only for those uses and activities, which are expressly identified as a possible use -by- exception within a particular zoning district: (a) All applications shall be filed with the community development director on the proper form, and said application shall only be accepted when filed by the owner of the property or his authorized agent. (b) The application shall include the following information: (1) A legal description of the property. (2) The names and addresses of the property owners. (3) A description of the use -by- exception desired, which shall specifically and particularly describe the type, character and extent of the proposed use -by- exception. (4) The reason for requesting the use -by- exception. (5) The signature of the owner, or the signature of the owner's authorized agent, and written authorization by the owner for the agent to act on the behalf of the property owner. (6) Payment of the official filing fee as set by the city commission. (c) After the community development director has received the request, the request shall be placed on the agenda of the next available meeting of the community development. board. The community development board shall review each request for a use -by- exception, and conduct a public hearing after due public notice. The community development director shall then provide a report to the city commission containing the community development board's, recommendation. The written report and recommendation shall state specific reasons and findings of fact, upon which the recommendation to approve or deny has been based. (d) The review of any application for a use -by- exception shall consider each of the following: (1) Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off - street parking and loading spaces, where required, with particular attention to the items in [subsection] (1) above. (3) The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use -by- exception being requested. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, econornic effects and compatibility and harmony with properties in the district (see "Signs and advertising," chapter 17). AGENDA ITEM # 8D MARCH 11, 2013 (8) Required yards and other open space. (9) General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the comprehensive plan. (10) For those properties within the commercial corridors, consistency with the intent of section 24 -171, commercial corridor development standards. 01) Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one (1) area of the city. (e) The city commission shall conduct a public hearing, after required public notice, to consider the application for use -by- exception and the community development board's report and recommendation thereon, as well as comments of citizens attending such hearing and shall deny, approve, or approve with conditions, the application for use- by- exception. (fl The city commission may, as a condition to the granting of any use -by- exception, impose such conditions, restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the city commission may deem appropriate and in the best interests of the city, taking into consideration matters of health, safety and welfare of the citizens, protection of property values and other considerations material to good land use and planning principles and concepts. (9) Any use -by- exception granted by the city commission shall permit only the specific use or uses described in the application as may be limited or restricted by the terms and provisions of the approval. Any expansion or extension of the use of such premises, beyond the scope of the terms of the approved use -by- exception, shall be unlawful and in violation of this chapter and shall render the use -by- exception subject to suspension or revocation by the city commission. (h) The city commission may suspend or revoke a use -by- exception permit at any time the city commission determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the property. (i) If an application for a use -by- exception is denied, the city commission shall take no further action on another application for substantially the same use on the same property for three hundred sixty -five (365) days from the date of said denial. (i) The nonconforming use of neighboring lands, structures or buildings in the same zoning district, or the permitted use of lands, structures or buildings in other zoning districts shall not be considered as justification for the approval of a use -by- exception. (k) Unless expressly granted by the city commission, the use -by- exception shall be granted to the applicant only and shall not run with the title to the property. (Ord, No. 90 -90- 2'12, § 2(Exh. A), 3- 8-'10) AGENDA ITEM # 8D MARCH 11, 2013 Sec. 24 -111. -Commercial general districts (CG). (a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. New development and new uses within these districts should have direct access to arterial or collector streets, and sites should be designed so that increased traffic through adjacent residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential community, and it is a stated goal within the comprehensive plan that the residential character of the city should be retained. As such, the appropriate level of intensity for general commercial uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity. (b) Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights -of -way, amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin - operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto, boat and marine related parts, and similar retail uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive - through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service uses. (3) Banks with or without drive- through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. AGENDA ITEM # 8D MARCH 11, 2013 (4) Child care centers in accordance with section 24 -152 (5) Business and professional offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off - premises consumption. (8) On- premises consumption of beer and wine only in conjunction with a full service restaurant, which is a food service use where unpackaged ready -to- consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Automobile service station with minor automotive repair and with accessory car wash. (Note: Heavy automotive repair not permitted per Ordinance [Number] 90 -06 -197, adopted 12- 11 -06). (10) Theaters, but not a multi- screen (exceeding two (2) screens) or regional cineplex. (11) Hotel, motel, motor lodge, resort rental or tourist court and short -term rentals as defined within section 24 -17 (12) Institutional and government uses, buildings and facilities. (13) Churches in accordance with section 24 -153 (14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principal use. Such dwelling unit is intended to be occupied by the owner or an employee of the principal use. (15) Those uses listed as permitted uses and uses -by- exception in the commercial limited and commercial, professional and office zoning districts. (16) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area. Policy A.1.11.1(b). Single- family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. (17) Mixed use projects combining the above uses and those approved as a use -by- exception pursuant to subsection (c) below. (c) Uses -by- exception. Within the CG zoning district, the following uses may be approved as a use -by- exception where such proposed uses are found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: (1) Pet kennel and facilities for the boarding of animals. (2) Veterinary clinic. (3) On- premises consumption of alcoholic beverages in accordance with cha tp er 3 of this Code. (4) Restaurants with drive - through service where the site contains lanes dedicated solely to drive - through business (this shall not be construed to prohibit restaurants with carry-out service, which are a permitted use). (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. (6) AGENDA ITEM # 8D MARCH 11, 2013 Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one (1) contractor related vehicle shall be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Cabinet shops, woodworking shops and surfboard production. (9) Hospitals. (10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (11) Businesses offering live entertainment, not including adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. (d) Limitations on certain uses. Permitted uses within the CG zoning district shall not include large -scale retail establishments, which for the purposes of this chapter shall be defined by their size and as follows: Large -scale retail establishments shall include those businesses, whether in a stand- alone building or in a multi- tenant building, which occupy a floor area exceeding sixty thousand (60,000) square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large -scale retail establishments are commonly referred to as "big -box" retailers, discount department stores, super - centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and departments, which may include home improvement, house -wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of shopping centers as these are defined within section 24 -17, but shall apply to any building where businesses with separate local business tax receipts may share the same interior space of a building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. Intent. The intent of this limitation is to ensure that the .city's limited commercial areas are developed or redeveloped with uses that are compatible with the residential character of the city and further, to implement related goals, objectives, and policies of the 2015 Comprehensive Plan, restated in part as follows. Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the city (Policy A.1.5.7). (1) The city shall provide for land use, development and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2015 Future Land Use Map; which enforces the residential densities and the limitations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the city, particularly with respect to the predominantly residential character and small -town scale of the city (Objective A.1.11— Appropriate land use patterns). (2) The city shall encourage future development and redevelopment, which retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach (Objective A.1.3— Maintaining residential character). AGENDA ITEM # 8D MARCH 11, 2013 (e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The minimum yard requirements within the commercial general zoning district shall be: (1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet where required off - street parking is located at the rear or side of the building site, and the primary business entrance is designed to face the street. (2) Rear yard: Ten (10) feet. (3) Side yard: Ten (10) feet where adjacent to existing residential use. Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either side. (g) Building restrictions. The building restrictions in the commercial general zoning district shall be as follows: (1) Maximum impervious surface: Seventy.(70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new development shall not exceed the pre- construction impervious surface area, and required landscaping shall be provided in accordance with division 8 of this chapter. Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (2) Maximum building height: Thirty -five (35) feet. (3) Parking. Off - street parking shall be provided in accordance with section 24 =1G1_ of this chapter. Where existing uses, which do not provide the required number of off - street parking spaces as set forth within subsection 24- 161(g) are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. (Ord. No. 80 -10 -212, § 2(Exh. A), 3 -3 -10) AGENDA ITEM # 8D MARCH 11, 2013 Sec. 24 -171. - Commercial corridor development standards. (a) Intent. The following additional standards and requirements shall apply to those lands within all commercial zoning districts that are located along arterial street corridors within the City of Atlantic Beach. The intent of these additional requirements is to: Enhance the aesthetic and physical appearance of these gateways into the city; enhance and retain property values; promote appropriate redevelopment of blighted areas; and to create an environment that is visually appealing and safe for pedestrians, bicycles and vehicular traffic. (b) Delineation of commercial corridors. Within the City of Atlantic Beach, commercial corridors shall be defined as the lands extending a depth of one hundred (1 00) feet from the outer edges of the rights -of -way along Mayport Road and Atlantic Boulevard, in those zoning districts designated as commercial general (CG), commercial limited (CL) and commercial, professional office (CPO). (c) Building form and finish materials. The following general provisions shall apply to all development in the commercial corridors. (1) Roofs, which give the appearance of a flat roof from any street side of the building, are prohibited. Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid the appearance of a flat roof from the adjoining street. (2) Open bay doors and other similar large doors providing access to work areas and storage areas shall not open towards or face the commercial corridors. (3) The exterior finish of new Buildings, and also exterior finish alterations and additions to the front and any street side, or any side visible from adjoining residential properties, of existing buildings shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish systems (EIFS), architectural or split -faced type block, or other finish materials with similar appearance and texture. Metal clad, corrugated metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall not be permitted as exterior finish materials on the front and any street side of a building. (4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows and architectural detail, shall not be permitted. (5) Burglar bars, steel gates, metal awnings and steel -roll down curtains are prohibited on the exterior and interior of a structure when visible from any public street. Existing structures which already have burglar bars, etc., shall be brought into compliance with these provisions within a reasonable time after any change of ownership of the property, which shall not be more than ninety (90) days. (d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally illuminated monument signs are encouraged. (e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent properties or the sky. (f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be prohibited in any required front yard and in any required yard adjoining a street. (g) Landscaping and required buffers. The requirements of division 8 of this chapter shall apply, except that the following additional requirements shall also apply to new development and to redevelopment that is subject to the requirements of division 8. Required buffers and landscape materials shall be depicted on all plans submitted for review, AGENDA ITEM # 8D MARCH 11, 2013 (1) A ten -foot wide buffer shall be required along the entire parcel frontage of the commercial corridors, except for driveways. This buffer shall consist of trees as required by division 8 and shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a healthy condition. (2) Along the front of the principal building, a six -foot wide area shall be maintained between the building and the parking area or any walkway. This area shall be use for landscaping. (3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic mulch shall be used, and the excessive use of mulch is discouraged. (4) Because of the harsh environment of the commercial corridors, the use of landscape materials that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape materials, including sod and ground covers shall be replaced within thirty (30) days of written notification from the city to the property owner. (5) Stormwater retention or detention facilities may be placed within required buffers, provided that required landscape materials are provided. (Ord. No. 90 -10 -212, § 2(Exh. A), 3 -8 -10) AGENDA ITEM # 8E MARCH 11, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Adoption of floodplain management ordinance SUBMITTED BY: Michael Griffin, CBO, CFM Building and Zoning Director DATE: February 27, 2013 STRATEGIC PLAN LINK: None BACKGROUND: In order to combine the administrative and technical requirements of the City of Atlantic Beach and State of Florida floodplain management regulations the attached floodplain ordinance revisions are recommended for adoption. The 2010 Florida Building Code (FBC) which was adopted on March 15, 2012 now contains technical floodplain management provisions consistent with the National Flood Insurance Program (NFIP). It is necessary to amend City Code Chapter 8 Floodplain Regulations so that our administrative provisions coordinate with the 2010 FBC. Although we recently revised our floodplain management ordinance, the Federal Emergency Management Agency has established June 3, 2013 as the date by which we must amend our current regulations adopting the attached amendments. The proposed ordinance has been reviewed and approved for adoption by the State of Florida Division of Emergency Management. At the February 19, 2013 Community Development Board (CDB) meeting the attached ordinance changes were unanimously recommended for adoption. This adoption satisfies our requirement of the National Flood Insurance Program which regulates flood insurance for properties within the City of Atlantic Beach. BUDGET: No impact RECOMMENDATION: To prepare for first reading the attached Floodplain Management ordinance revisions as recommended by the State of Florida Division of Emergency Management and the Community Development Board. ATTACHMENTS: Draft of proposed floodplain management ordinance, CDB February minutes REVIEWED BY CITY MAC AGENDA ITEM # 8E Draft M =.mutes of the February 19, 2013 regular meeting of the Community Development Board MARCH 11, 20I3 J - r i �f MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 19, 2012 ................. 1. CALL TO ORDER. - 6:00pm Acting Chair Kirk Hansen verified the presence'`ofa quoru ,with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Brea, -Paul and Patrick,Stratton. The meeting was called to order at 6:00pm. Also presenrfflere NS Mayport� -f6son and ex- officio board member Matt Schellhorn, Principal `PIariner Erika Hall, Build n`g ;and Zoning Director Michael Griffin, and City Attorney Alan Jensen. CityCommissioner;Maria Mark was a ;> member of the audience. Ms. Hall reported tfaat..member Sylvia Simmons was absent due to a vacation scheduled p' rorto her appointment to the board, and that member Harley Parkes was absent due to illness A. 2013 ELECTION.OF OFFICERS ;,;: Mr. Hansen;nominated Brea Paul as Chair, and Mr Burgess seconded the nomination. ... :. Mr. Elmore ,nominated. Kirk Hansen, „and with there being no second and no additional nominations, IVIr. Hansen called for a vote. The Board voted unanimously, 5 -0, to elect Ms :.Paula Chair of the Community Development Board for calendar year 2013.:. B „ 2013 SCHEDULE Ms. Hall providdboard members with a copy of the 2013 schedule of meetings, application submittal and public hearing notice deadlines. There was no discussion. 2. ADOPTION::Of MEETING,.', INUTES -SEPTEMBER 18, 2012. Ms. Paul call`ecl for a m6fidn to approve the minutes of the September 18, 2012 regular meeting. Mr =Hansen_,;,moved that minutes be approved as written. Mr. Stratton seconded the mo�torand it carried by a vote of 5 -0. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. ZVAR -13- 00100043, 698 BEACH AVENUE (Emly Purcell, owner) (a) Request for a variance from provisions of Section 24- 157(6)(1), reducing the required front setback (east, adjacent to Beach Avenue) from 20.00' to 13.80; to replace an existing chain link fence with a 6' -high shadowbox privacy fence. Page 1 of 7 AGENDA ITEM # 8E Draft Afhcutes ofthe February 19, 2013 regular meeting ofthe Community Development Board MARCH 11, 2013 (b) Request for a variance from provisions of Section 24- 157(c)(1), reducing the required street side setback (north, adjacent to 7th Street from 10.00' to 0.00, to construct a new 6' -high shadowbox privacy fence. Staff Ms. Hall presented a brief history of the property and an overview of Report current redevelopment activities, as also detailed in her staff report. She stated that the applicant has requested to construct a six (6) foot high shadowbox privacy fence around the entire property, and she explained that, due to the suggested location":.", bf two segments of the proposed fence, the applicant requires varianee`from two provisions of Section 24- 157. Segment "A" is proposed,;.,to`�'6e located; within the required front yard, approximately 13.80';;fr6m`the property ir%e;. This segment is subject to Section 24- 157(b){,1),, which states "within required front yards, the maximum height of any fence shall be four : {4) feet ". Therefore a variance of 6.2' is necessary to install the 6'- higMce in the proposed location..:.. Ms. Hall _n.oted,.that the proposed location of Segment "A" was the previous loca tion of,a 4' -high chaln,tink fence. That chain link fence, now removed, wa's consid'ered'to, be in compliance with both the height and location requirements whh,Sectlon 24 W because the Beach Avenue yard „was previously considered tiie street side yard. However, current renovations included„ re= orientation and re- addressing of the existing non - conforming house-,which was constructed in 1926, such that it now fronts onf Beach Avenue. it "B” is proposed "t "o be located directly on the northern property Ijacent to 7th```Street. This segment is subject to Section 24- L)t:hich states "for corner lots located on rights -of -way that are )) fe18 """ r less in width, no fence, wall or landscaping exceeding feet ir' height shall be allowed within ten (10) feet of any lot line buts a street ". Therefore a variance of 10' is necessary to install igh fence in the proposed location. I noted the presence of a substantial topographic depression in r yard of the subject property as the primary rationale for this variance request, explaining if the fence were constructed in accordance with Section 24- 157(c)(1), it would have an effective height of 5' or less, thus compromising the property owners' privacy in their pool and outdoor living area. She added that the sidewalk located within the southern shoulder of the 7th Street right -of -way is a high -use path to the public beach access at the eastern terminus of the street, just a block away. Applicant Todd Bosco, Bosco Building Contractors, spoke on behalf of property Comment owner Emly Purcell. He stated that privacy in the rear yard was the most Page 2 of 7 AGENDA ITEM # 8E MARCH 11, 2013 , Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board pressing concern, and that the depression would serve as on -site retention. Public Murray Benz (675 Beach Avenue) said she lived directly across Beach Comment Avenue from the subject property and greatly appreciated the improvements being made. She added that she understood the property owners' concern over privacy due to the inordinate amount of foot traffic along the 7th Street path during season. Board [The Board addressed part (b) of the vq "fiance request out of order]. Discussion Mr. Hansen expressed concern:t -h f approval of this variance would set a precedent, to which Mr Elmore responded that the nature of the subject property — the shape and;° topography 6 .. "the parcel, the age and non- conformity of the structure, the proximity.,;to<;the street — resulted in a unique set of circ'u'mstances unlikely to be matched by future applicants. Because the variances are reviewed, on a case by case basis, he did not feel this was precedent seining Mr. Strattonsa;id, he believed tlie., property satisfied the conditions for a variance, as it met the first condition under grounds for approval (exceptional topogra'phic,conditions) Mr. Hansen agreed. Mr Elmore noted that the.iMde ction of Ocean Boulevard and 7th Street is a high traffic area,,;he would encourage landscaping outside the fence to soften the stark;ess of the proposed 6' -high privacy fence. Mr. Stratton;.agreed he woial,d like to see plantings to soften impact of the fence, ;but Paul reminded that if the fence were located directly on the property line, any landscaping would occur within the public right -of- way .,She cautioned;.;tl at such landscaping could easily interfere with passage ?along the sidewalk in the adjacent right -of -way. Board members discussed possible approval of a lesser variance - nine (9) feetinstead of the requested ten (10) feet — noting offset could be used to „'accommodate landscaping. Mr. Elmore asked if that would be amenable to the property owner. Ms. Purcell approached the podium and`'` explained to the Board that she had spent over two million dollars improving the property, and it should be evident that the fence would be nicely done. Mr. Burgess asked Ms. Purcell if a reduced variance of nine (9) feet would be amenable, to which she replied she would prefer ten (10) feet, but it was entirely the Board's decision. Mr. Stratton then inquired as to the steepness of the slope and how close it was to the property line. Ms. Hall responded that the depression was at least one (1) foot and possibly more, and that there was a rapid drop - off to the south of the property line. Mr. Bosco reiterated the existing topographic depression was to be utilized to meet storm water Page 3 of 7 AGENDA ITEM # 8E MARCH 11, 2013 Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board detention /retention facility requirements, and therefore could not be filled. Motion Mr. Hansen moved that the Community Development Board approve ZVAR- 13- 00100043(b), request for a variance from Section 24- 157(c)(1), reducing the required street side setback (north, adjacent to 7th Street) from 10.00' to 0.00', to construct a new 6' -high shadowbox privacy fence, finding that the subject property, which is a corner lot surrounded by streets on three sides, is impacted byatopographic variation that lessens the property owners' ability :t......... ;'. e'reen and maintain privacy in accordance with Section 24-1 'thin the rear and side yards adjacent to 7th Street. Mr. Stratto`i`s`econded the motion and it passed unanimously, 5 -0. Board [The Board next add'r'essed part (a) of the variance request.] Discussion or ... Mr. Elmore stated fha`t;;in cor supported approval of a: va_nan differentiated this front ya'r•d, existing house has special coif street, those. same;;conditions then asked if there vvas kme s that location. L. to the unique,, circumstances that k. Segment "B ",:.he;,saw nothing that others in the vicinity. While the ns due to age and proximity to the `vident all along Beach Avenue. He I need to construct a 6' -high fence in Mr Bosco responded;that the mai concern was to address the privacy of the rear, yard, wfere':``the pool and outdoor living area are located. However,,;at.this time, no real plans had been developed for this interior Motion Mr. Burgess moved that >the Community Development Board deny ZVAR- 13- 00100043(a), request for a variance from Section 24- 157(b)(1), reducing therequired front setback (east, adjacent to Beach Avenue) from: 20.00' 'f 13.80' to replace an existing chain link fence with a 6'- highahadowbox privacy fence, finding that the subject property did not meet any of the specific grounds for approval of a variance as provided in Section 24- 64(d). Mr. Hansen seconded the motion and it carried u'rna`nimously, 5 -0. B. REV - 2013 -01 Review of Chapter 17 provisions regarding flags Staff Mr. Griffin presented the City Commission's request that the Community Report Development Board review Chapter 17 provisions and make a recommendation as to the regulation of flags. He explained it has been staff's interpretation that only US flags are permitted in accordance with Chapter 17 regulations. He then summarized provisions regarding flags from several neighboring and nearby jurisdictions, including the City of Neptune Beach, City of Jacksonville Beach, City of Jacksonville and St Page 4 of 7 AGENDA ITEM # 8E MARCH 11, 2013 Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board Johns County. Board Mr. Stratton asked what was driving the request, to which Mr. Griffin Discussion responded that there had been a code enforcement action against a commercial establishment for flying a non -US flag. Mr. Stratton replied that he felt anyone should be able to fly a national flag. Mr. Elmore agreed, so long as the flag was flown on private property in residential areas; however, in non - residential areas, such a flag could be perceived as advertising. Mr. Stratton repeated and.: as;ked:; for confirmation, that according to current interpretation, the ``co,m`merciafestablishment owner would have been allowed to fly an."rican flag and would not have been cited, but because he flew ; a.;non- American national;., flag, he was cited for advertising. Mr. Stratton then asked what if the intention of the flag was merely patriotism to °`country of origin. Mr. Burgess; stated that he?was strongly in favor of anyone being able to fly a national flag other than a: Draft Minutes ofthe February 19, 2013 regular meeting ofthe Community Development Board AGENDA ITEM # 8E MARCH 11, 2013 Mr. Griffin reported that staff has been working to improve administrative procedures to ensure better compliance with zoning regulations as well as specific conditions placed upon granted uses -by- exception. He explained that all such uses shall be monitored to ensure continued compliance with all requirements related to ingress /egress, off - street parking, refuse service areas, screening and buffering, as well as adverse impacts to and compatibility with adjacent properties. Additionally, those properties located within the areas delineated as the commercial corridor must also comply with the commercial corridor development standards. Mr. Griffin asked the Board; =ke a recommendation to the City Commission as to whether or not they felt these measures would sufficiently address th&.`iJssue of used car;;(ots and other automotive - related uses within;fhe,Commercial General zone along Mayport Road. Board Mr. Elmore stated that he. believes;the use by exception process provides Discussion a means to ensure compliance 'i'with existing 'zoning and land development, regulations, and allows additional conditions to be placed on the a pproval;. :,as needed He;emphasized that he believes the Board should recommend; complete compliance within 90 -120 days of final approval by the, i y Commission. Mr,;:Gnffin responded t,hat::.failure: to comply within the specified time would.:'n,ot result m;:;code enforcement action, but a return to the City Comm" is*" ion, whicfi'co.uld then act to amend or revoke an approved use - by exception. Mr Hansen moved,that the Community Development Board recommend to the,; City Commission no revisions be made to the current list of permitted; ;uses or uses -by- exception at this time, but that staff be allowed to 'implement improved administrative procedures which utilize more thorough"site plan review and compliance monitoring. Mr. Elmore seconded the motion and it carried unanimously, 5 -0. D. REV-2013''03 :.,; Review of proposed` revisions to City Code Chapter 8 Floodplain Management Ordinance as required by the State of Florida for adoption as part of the 2010 Florida Building Code. Staff Mr. Griffin explained that floodplain management regulations consistent Report with the National Flood Insurance Program (NFIP) are considered either technical or administrative. The technical provisions were incorporated into the 2010 Florida Building Code (FBC) which was adopted on March 15, 2012, while the administrative provisions must be adopted by local governments and incorporated into municipal codes. The Federal Emergency Management Agency (FEMA) has established June 3, 2013 as the date by which Atlantic Beach must adopt said administrative provisions. That is also the date on which the new flood maps will be Page 6 of 7 AGENDA ITEM # 8E Draft Minutes of the February 19, 2013 regular meeting ofthe Community Development Board MARCH 11, 2013 5. 31 adopted. Mr. Griffin said the proposed ordinance is a boilerplate which has been reviewed and approved by the State of Florida Division of Emergency Management. Further, he has reviewed the draft and modified it for consistency with the Atlantic Beach municipal code. He asked the Board to review the draft and make a recommendation to the City Commission to adopt. Board Mr. Elmore asked if the ordinance:n' any way limited local government's Discussion authority. Mr. Griffin replied thafi?t;did not. He explained that floodplain management is a federal program`,l•n; terms of oversight; however, states have the authority to designate administrative duties. Motion Mr. Elmore moved that the Community D' Olo.pment Board recommend adoption of the proposed revisions to City Code Chapter 8 Floodplain Management Ordinance,,as required by the State of Florida, finding that the provisions are consistent with 146' "'goals, objectives and policies of the 2020 Comprehensive Plan, as adopted; the purpose and intent of Chapter,,2.4.,.,_Land DeveIopm•er Regulations, of the Atlantic Beach Municipal Code, a'§:,;- adopted; and ;,the 2010 Florida Building Code, as adopted Mr ' Burgess ",5'e conded the motion and it carried unanimously, Page 7 of 7 AGENDA ITEM # 8E MARCH 11, 20I3 ORDINANCE NO. AN ORDINANCE BY THE City Commission AMENDING THE City of Atlantic Beach CODE OF ORDINANCES TO REPEAL Chapter 8 Flood Hazard Areas; TO ADOPT A NEW Chapter 8 Floodplain Management Ordinance; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of City of Atlantic Beach and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Atlantic Beach was accepted for participation in the National Flood Insurance Program on March 15, 1977 and the City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Commission is adopting a requirement to increase the minimum elevation requirement for buildings and structures in flood hazard areas and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Commission of Atlantic Beach that the following floodplain management regulations, and the following local administrative amendments to the 2010 Florida Building Code, are hereby adopted. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 1 AGENDA ITEM # 8E MARCH 11, 2013 SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 8 Flood Hazard Areas the City of Atlantic Beach Code. CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Atlantic Beach, hereinafter referred to as "this ordinance." 101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. 101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption of commerce, access and public service during times of flooding; 2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; 3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and 8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 101.4 Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 2 AGENDA ITEM # 8E MARCH 11, 2013 24 refers to the edition of the standard that is referenced by the Florida Building Code. 101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of the City Commission of the City of Atlantic Beach or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Atlantic Beach, as established in Section 102.3 of this ordinance. 102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for Duval County, Florida and Incorporated areas of the City of Atlantic Beach dated June 3, 2013, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. 102.3.1 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: 1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. 2. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. 102.4 Other laws. The provisions of this ordinance shall not be deemed to nullify any REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) AGENDA ITEM # 8E MARCH 11, 2013 provisions of local, state or federal law. 102.5 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. 102.6 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 103.1 Designation. The Building and Zoning Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 107 of this ordinance. 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: 1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas; 2. Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information; 5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; 6. Review applications to determine whether proposed development will be reasonably safe from flooding; 7. Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) AGENDA ITEM # 8E MARCH 11, 2013 structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and 8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. 103.4 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: 1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre- damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. 103.5 Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 107 of this ordinance. 103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. 103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.4 of this ordinance; REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 5 2. Require that applicants proposing communities and the Florida Division Management Office, and submit copies Management Agency (FEMA); AGENDA ITEM # 8E MARCH 11, 2013 alteration of a watercourse notify adjacent of Emergency Management, State Floodplain of such notifications to the Federal Emergency 3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; 4. Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this ordinance to determine that such certifications and documentations are complete; 5. Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Atlantic Beach are modified; and 6. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." 103.9 Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. SECTION 104 PERMITS 104.1 Permits required. Any owner or owner's authorized agent (hereinafter "applicant ") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. 104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) AGENDA ITEM # 8E MARCH 11, 2013 from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 104.2.1 Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: 1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. 5. Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. 6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. 7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 9. Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 104.3 Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: 1. Identify and describe the development to be covered by the permit or approval. 2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. 3. Indicate the use and occupancy for which the proposed development is intended. 4. Be accompanied by a site plan or construction documents as specified in Section 105 of this ordinance. 5. State the valuation of the proposed work. 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the Floodplain Administrator. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 7 AGENDA ITEM # 8E MARCH 11, 2013 104.4 Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 104.5 Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 104.6 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 104.7 Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: 1. The St. Johns River Water Management District; section 373.036, F.S. 2. Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E -6, F.A.C. 3. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. 4. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. 5. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. 6. Federal permits and approval. SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS 105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 2. Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2 (2) or (3) of this ordinance. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 8 AGENDA ITEM # 8E MARCH 11, 20I3 3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2.1 of this ordinance. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. 105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is four and 'h (4.5) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than four and 'h (4.5) feet. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) AGENDA ITEM # 8E MARCH 11, 2013 4. Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 105.3 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood- carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood- carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 105.4 of this ordinance. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 105.4 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. SECTION 106 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. 106.1.1 Development other than buildings and structures. The Floodplain Administrator REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 10 AGENDA ITEM # 8E MARCH 11, 2013 shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2.1 Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or 2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 106.1.2.2 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this ordinance. 106.1.3 Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. SECTION 107 VARIANCES AND APPEALS 107.1 General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 107.2 Appeals. The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision of the City Commission may appeal such decision to the Circuit Court, as provided by Florida Statutes. 107.3 Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7 REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 11 AGENDA ITEM # 8E MARCH 11, 2013 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 107.3.1 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.3 of this ordinance. 107.4 Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 107.5 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 107.3.1, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 107.6 Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: 1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; 4. The importance of the services provided by the proposed development to the community; 5. The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; 6. The compatibility of the proposed development with existing and anticipated development; 7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; 8. The safety of access to the property in times of flooding for ordinary and emergency vehicles; 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 12 AGENDA ITEM # 8E MARCH 11, 2013 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 107.7 Conditions for issuance of variances. Variances shall be issued only upon: 1. Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; 2. Determination by the City Commission that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief; 3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and 4. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. SECTION 108 VIOLATIONS 108.1 Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 13 AGENDA ITEM # 8E MARCH 11, 2013 directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. 201.2 Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross - sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and /or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1- percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the 1- percent - annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 14 AGENDA ITEM # 8E MARCH 11, 2013 "high hazard areas subject to high velocity wave action" or W Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE, or V. [Note: The FBC,B defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas. "] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. Area with a floodplain subject to a 1- percent or greater chance of flooding in any year; or 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development. Any man -made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before March 15, 1977. [Also defined in FBC, B, Section 1612.2.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before March 15, 1977. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 15 AGENDA ITEM # 8E MARCH 11, 2013 Flood damage - resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. The area within a floodplain subject to a 1- percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential, Florida Building Code, Existing Building; Florida Building Code, Mechanical, Florida Building Code, Plumbing, Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long -term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 16 AGENDA ITEM # 8E MARCH 11, 2013 construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR -F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision ( CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082 -2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off - street or off - highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood- resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non - elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C- 1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 17 AGENDA ITEM # 8E MARCH 11, 2013 into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after March 15, 1977 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after March 15, 1977. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.) 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 18 AGENDA ITEM # 8E MARCH 11, 2013 foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before - damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. CHAPTER 3 FLOOD RESISTANT DEVELOPMENT SECTION 301 BUILDINGS AND STRUCTURES 301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 307 of this ordinance. 301.2 Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: 1. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. 2. Minor structures and non - habitable major structures as defined in section 161.54, F.S., REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 19 AGENDA ITEM # 8E MARCH 11, 20I3 shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. SECTION 302 SUBDIVISIONS 302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: 1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; 2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and 3. Compliance with the site improvement and utilities requirements of Section 303 of this ordinance. SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 303.1 Minimum requirements. All proposed new development shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on -site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E -6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 303.3 Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62- 532.500, REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 20 AGENDA ITEM # 8E MARCH l l , 2013 F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 307.8(3) of this ordinance. SECTION 304 MANUFACTURED HOMES 304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -1, F.A.C. and the requirements of this ordinance. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: 1. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this ordinance. 2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance. 304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over - the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.4.1 or 304.4.2 of this ordinance, as applicable. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 21 AGENDA ITEM # 8E MARCH 11, 2013 304.4.1 General elevation requirement. Unless subject to the requirements of Section 304.4.2 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 304.4.2 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: 1. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or 2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 304.5 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 304.6 Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS 305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes. SECTION 306 TANKS 306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 22 AGENDA ITEM # 8E MARCH 11, 2013 is empty. 306.2 Above - ground tanks, not elevated. Above - ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall: 1. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. 2. Not be permitted in coastal high hazard areas (Zone V). 306.3 Above - ground tanks, elevated. Above - ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank - supporting structures shall meet the foundation requirements of the applicable flood hazard area. 306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and 2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. SECTION 307 OTHER DEVELOPMENT 307.1 General requirements for other development. All development, including man -made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: 1. Be located and constructed to minimize flood damage; 2. Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway; 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 4. Be constructed of flood damage- resistant materials; and 5. Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4 of this ordinance. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4 of this ordinance. REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 23 AGENDA ITEM # 8E MARCH 11, 2013 307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low -water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3 (3) of this ordinance. 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: 1. Structurally independent of the foundation system of the building or structure; 2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and 3. Have a maximum slab thickness of not more than four (4) inches. 307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: 1. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. 2. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. 3. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. 4. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 307.7 Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 24 AGENDA ITEM # 8E MARCH 11, 2013 registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: 1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; 2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and 3. On -site sewage treatment and disposal systems defined in 64E- 6.002, F.A.C., as filled systems or mound systems. 307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas: 1. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. 2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. 3. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. SECTION 3. The Florida Building Code, Building is hereby amended by the following administrative amendments. Sec. 104.10.1, Florida Building Code, Building Add a new Sec. 104.10.1 as follows: 104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. Sec. 107.6.1, Florida Buildinq Code, Building Add a new Sec. 107.6.1 as follows: 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 25 AGENDA ITEM # 8E MARCH 11, 20I3 issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. Sec. 117, Florida Building Code, Building 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 4. The Florida Building Code, Building is hereby amended by the following technical amendments. Add a new Sec. 1612.4.1 as follows: 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 and 1/2 feet, whichever is higher. SECTION 5. The Florida Building Code, Residential is hereby amended by the following technical amendments. Modify Sec. R322.2.1 as follows: R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2 feet or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 and 1/2 feet , or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 2 and' /2 feet, or at least 4 and' /2 feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 2 and '/2 feet or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. Modify Sec. R322.3.2 as follows: REVISED Model FPM Ordinance & Code Amendments: Zones A & V (April 12, 2012b) 26 AGPNDA ITEM #f 6F MARC11 11, 2013 R322.3.2 Elevation requirements. 1. All buildings and structures erected within coastal high- hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is: 1.1 Located at or above the base flood elevation plus 2 and 1/a feet or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or 1.2 Located at the base flood elevation plus 3 and Xz feet , or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections 8322.3.4 and R322.3.5. SECTION 5, FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 7. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Atlantic Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after (insert date). SECTION 8. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 8, f=lood Hazard Areas, City of Atlantic Beach Code. SECTION 9. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Atlantic Beach's Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to R section,° "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 10. SEVERASILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity RLVISLD Model FPM Ordinance & Coale Arnendments; Zones A& V (April 12,2012b) 27 AGENDA rrr:M # f3F: MARC'I1 11, 2013 of the ordinance as a whole, or any part thereof, other than the park so declared, SECTION 11. EFFECTIVE DATE. This ordinance shall take effect on (insert date). PASSED on first reading (insert date). PASSED and ADOPTED in regular session, with a quorum present and voting, by the {governing body), upon second and final reading this {insert elate). (Governing body} Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney REVISED Model FPM Ordinance & Coda Amendments: Zones A & V (April 12, 2012b) 28 AGENDA ITEM # 8F MARCH 11, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Review of Chapter 17 Signs regarding flags SUBMITTED BY: Michael Griffin, CBO, CFM Building and Zoning Director Erika Hall, Principal Planner DATE: February 27, 2013 STRATEGIC PLAN LINK: None BACKGROUND: At the February 19, 2013 (minutes attached) the Community Development Board (CDB) reviewed, as requested by the City Commission, Chapter 17 Signs and Advertising Structures to make a recommendation as to the regulation of flags. The CDB has recommended that Chapter 17 Signs and Advertising Structures be amended to allow for one (1) flag, not to exceed twenty four (24) square feet, as defined in Chapter 17. Below is the current definition of flag: Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of government, religious, charitable, fraternal, or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. This definition of flag shall not include the flag of the United States of America. Currently Chapter 17 is written to include any flag, other than an America flag, to be regarded as a "Pennant" which is defined below: Pennant: A small, single flag -like piece of cloth, plastic or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the insignia of a flag. BUDGET: No impact RECOMMENDATION: Authorize City Attorney to draft language to amend sign code to allow one additional Flag not to exceed twenty -four (24) square feet as recommended by the Community Development Board. ATTACHMENTS: CDB February minutes, Sec. 17-2 Definitions, Sec. 17- 26 Exempt Signs, Sec. 17 -42 Prohibited Signs REVIEWED BY CITY MANAGER: AGENDA ITIM # BF MARCH I L 2013 Sec. 17.2. - Definitions and references, to other chapters within this Code, For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where appropriate, definitions contained within other chapters of this Code, including chJLl! ►r G, building and building regulations, and char 2A, zoning, subdivision and land development regulations, shall also apply to this chapter. Advertising message: The letters and graphics on a sign intended to directly or indirectly promote the sale of a product, service, commodity, entertainment or real or personal property. This definition shall also be deemed to include political copy Intended to directly or indirectly promote a candidate or issue. "Advertising message" shall not include signs or portions of signs that are defined as a public sign. Animated sign: Any sign or part of a sign, including the advertising message, which changes physical position by any means of movement Automatic changeablo message device: Any sign, which through a mechanical, electrical, solar, or other power source is capable of delivering messages, which rotate or appear to rotate, change or move at any time and in any way, including tri- vision or any multi -prism sign faces. Awningsign: (See also Marquee sign.) A sign painted onto or adhered to a marquee or awning type structure constructed of an open frame covered by fabric, vinyl, plastic, metal, or similar material. Awning sign shall include canopy sign. Sannersign: A temporary sign made of lightweight fabric or similar material Intended to promote special seasonal, civic or community events. Bracket sign: Any single or double -faced sign mounted on brackets, poles or beams projecting at angles from the front or side of any building and supported solely by such brackets, poles or beams. Budding sign: Any sign that provides the name or address of a building, as opposed to the name of the occupants or services located within that building. Canopy sign: See awning sign. Devolopment parcel: For the purposes of this chapter, a development parcel shall be a parcel of land, a lot or a combination of lots upon which uses regulated by these sigh provisions are located. This definition may include a single use or business, or a collection of uses or businesses developed in a unified manner. Directional sign: Any sign that solely serves to designate the location of, or provides direction to, any place or area. Signs, Which contain logos, or graphics commonly associated with a service or business shall be included in the signs allowed for that site or business, Double - facet! sign: A sign with two (2) sides that are usually but not necessarily parallel. Exempt signs: Signs as set forth within pert Qn_1L5 of this chapter, which are exempt from certain requirements of this chapter. AGENDA ITEM # 8F MARCH 11, 2013 Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign" includes wall signs, and cabinet and panel type signs, and signs located on the fascia of a roof, or affixed to a roof plane, provided such sign does not extend above the height of the roof. Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. This definition of flag shall not include the flag of the United States of America. Flashing sign: Any sign which uses an external or internal intermittent light source, which results in changing light intensity (including on- off -on), brightness or color, or which is constructed and operated so as to create an appearance of illusion of motion or creates movement by any means. Freestanding sign: Any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign. Ground sign: See Freestanding sign. Height of sign: The vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. Marquee sign: Any sign adhered or attached to a permanent roof -like structure, including awnings and canopies projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall and generally designed and constructed to provide protection against the weather. Marquee signs shall include all signs placed upon any type of marquee, canopy, awning, or similar structure. Monument sign: A type of freestanding sign placed upon the ground independent of support from the face of a building that generally has greater width than height and typically constructed of a solid material such as wood, masonry or high- density urethane. Non - conforming sign: Any sign, which was lawfully erected with properly issued sign permits, but which does not comply with the land use, setback, height, size, spacing, and lighting or other provisions of these regulations or other laws, as may be amended. Obscene sign: Any sign containing statements, words, pictures or symbols of an obscene nature. The word obscene shall be as defined in F.S. 847.001, as may be amended from time to time. Pennants: Any small, single flag -like piece of cloth, plastic or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the insignia of a flag. Personal expression sign: Any sign containing a message of non - commercial opinion or endorsement and not containing a commercial advertising message. Pole sign: See Freestanding sign. Political campaign sign: Any temporary sign, as may be authorized under this chapter, AGENDA ITEM # 8F MARCH 11, 2013 erected or displayed for the purpose of advertising a qualified candidate on any primary, general, or special election ballot within the City of Atlantic Beach. Portable sign: A sign that may be mobile and has no permanent attachment to a building or to the ground by means of a footing, including signs with wheels designed to be pulled or towed on a trailer or similar towing device. Projecting sign: See Bracket sign. Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County, the State of Florida, the United States Government, a public utility, school district, or other duly authorized public agency. Public signs may be placed in locations as determined necessary and appropriate by the public agency and shall include public information signs, public identification signs, public directional signs, banner signs, and street name signs installed by a public agency, traffic control signs, warning signs and similar signs. Pylon sign: See Freestanding sign. Roof sign: Any sign attached to a building or the roof structure of a building by any means, which extends above the height of the roof or roof plane. Sign: Any identification, description, illustration, or device illuminated or non - illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. "Sign" shall also include all outdoor advertising displays as described within Section 3108.1.1, Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. Sign display area: The sign display area shall be defined as the area enclosed within any geometric figure, which would enclose all parts of the advertising message of the sign. The structural supports for a sign, whether they are columns, pylons, or a building or part thereof, shall not be included in the sign display area. Sign face area: The part of the sign, including all frame, trim and background, which contains the sign display area, advertising message or informative contents. Sign permit. A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of Section 3108 of the Florida Building Code and article V of this chapter. Sign structure: Any structure that supports, has supported, or is capable of supporting a sign, including decorative covers and embellishments. Snipe sign: Any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or attached in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be applicable to the present use of the property upon which such sign is located. Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than a AGENDA ITEM # 8F MARCH 11, 2013 registered logo, trademark or service mark that is attached to a motorized vehicle. Vehicle signs shall not include political campaign signs, personal expression signs, bumper stickers, decorative decals and the like, provided these are otherwise in compliance with the provisions of this chapter. Wail sign: See Fascia sign. Width of sign: The horizontal distance measured from one (1) edge of the sign structure extending to the opposite edge of the sign structure, including any frame, embellishment or other type of extension from the sign. Window sign: Any sign placed inside a window of a building, facing the outside and which is intended to be seen from the exterior. Window signs shall be included in the signs allowed for that site, activity or business. (Ord. No. 60- 02 -12. § 2. 9 -9 -02) AGFND A ITEM 4 8F MARL:tt 11, 2013 Ser.. 7 -, - xtr7tticfrr. (a) Within all non- residential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit asset forth within article V of this chapter (t) Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) fettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three (3) inches in height and limited to a maximum area of two (2) square feet. (3) Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. (4) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut Into any masonry surface or when constructed of bronze or other similar noncombustible material. (5) Professional nameplates for physicians, surgeons, dentists, musicians, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person(s), not exceeding one (1) square foot in sign face area, provided such professional has a valid occupational license as may be required for the particular profession to operate on those premises. (5) Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three (3) square feet In sign face area, provided such occupant has a valid occupational license as may be required to operate on those premises. (7) Signs depicting only time and temperature, (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Not more than one (1) real estate sign advertising the sale, rental or lease of only the premises on which the sign is located. Such signs shall not exceed six (G) square feet In area, and five (5) feet in height. Signs advertising the sale, rental or lease of property exceeding this size and height shall not be considered as exempt signs and shall be subject to the provisions of section 17- 22(d). (Z) Signs noting the architect, engineer or contractor for a development project when placed upon work under construction, provided the sign shall be removed within fifteen (15) days of completion of construction, Such signs shall not exceed six (G) square feet in size or eight (8) feet in height. (3) Signs as required by law to display building permits or other similar required public notices, (4) Public signs, banner signs, traffic signs, street name signs, legal notices, danger signs and temporary emergency, informational or non- ,advertising signs, when erected by city, county, state or federal authorities. (b) AGFNDA rri':M a sr MARCH 1 I, 2013 No trespassing and private property signs not exceeding two (2) square feet in area. Such signs shall not be displayed from or attached to trees, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants and the like. (6) Vacancy or no vacancy signs not exceeding two (2) square feet in area. (y) Temporary political campaign signs announcing the candidacy of a qualified candidate for public office not exceeding four (4) square feet In area may be placed wholly within the boundaries of any property, at the discretion or consent of the legal owner and/or occupant of the property, provided such signs conform with all traffic, electrical, maintenance, fire and safety regulations of the city. The placing of political campaign Signs on city property, other public property or on public rights -of -way shall be prohibited. Political campaign signs displayed within motor vehicles conducting routine business activities an city or other public property shall not be prohibited, provided that no such vehicle shall be parked on city property, other public properly or on public rights -of -way for the solo purpose of displaying political campaign signs. Illegally placed political campaign signs shall be removed by the code enforcement officer without notice to the candidate or abutting property owner or occupant. Political campaign signs shall not be placed on property prior to qualification of the candidate to run for office, and all such signs shall be removed within seventy -two (72) hours after the last election. If such signs are not removed within this period of time, the city may rei7love such signs and may charge the candidate the actual cast for such removal. Collected funds shall be deposited into the city general revenue. Failure to remove signs is a violation of this Codes and is enforceable pursuant to F.S. Chapter 162, Code Enforcement. (8) Personal expression signs limited to one (1) per lot or parcel, or In the case of multi- family uses, one (1) per dwelling unit, expressing personal views or opinions not exceeding four (4) square feet In area, providing such signs are otherwise in compliance with applicable local, state and federal laws. (g) Religious symbols. (10) Garage sale signs or open house signs within residential zoning districts, not exceeding four (4) square feet in size, limited to two (2) per site and located only at the location of such event. Such signs may be displayed one (1) day before the garage sale or open house and shall be removed immediately after conclusion of the event. No garage sale sign or open house sign may be erected upon any public right - of -way. (11) Signs placed within interior courtyards, the Inside fence line of recreational fields and on golf courses, provided such signs are visible only to those persons visiting such place and are otherwise in compliance with this chapter. (12) Address and street number signs not exceeding two (2) square feet. (13) Holiday and seasonal decorations shall not be construed as signs, providing that these contain no commercial advertising message. (01cf. No. GO- Q2 - -12. � 2, 9-9 -02) Sac. 17 -27, , General provisions applying to all permitted signs. All signs shall be subject to the following general provisions, (1) No sign shall be Installed, erected or placed prior to issuance of a sign permit as required by article VI of this chapter, except for exempt signs as set forth in see-lion 17 -26. Signs shall be located only on property where the sign serves to provide an AGENDA ITEM # 8F MARCH 11, 2013 advertising message for that property. (2) All signs shall be engineered and constructed as required by these regulations and the Florida Building Code. Signs shall be professionally designed, lettered and constructed. (3) Signs constructed for the purpose of displaying an advertising message shall be constructed of materials suitable to withstand weather related deterioration and shall not be constructed of plywood, cardboard, paper or other such materials, which deteriorate quickly when exposed to normal weather conditions. (4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. (5) No sign shall be attached to or placed against a building in any manner which impedes or blocks ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (6) No sign shall be erected near the intersection of any street in such a manner so as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of any word or words commonly used on traffic - control signs or signals. (7) Where the rear of any sign structure is visible from any street or from any adjoining residential zoning district, all exposed structural and electrical components of any such sign shall be concealed in a manner as approved by the city manager. (6) Fascia or wall signs, shall be mounted directly upon the surface of the building, and shall not be mounted upon exposed raceways, or other type of protrusions from the surface of the building. (Ord. No. 60- 02 -12, § 2, 9 -9 -02; Ord. No. 60- 03 -14, 7- 14 -03)