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Amended Agenda Packet 8-12-13 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING August 12, 2013 - 6:30 PM AMENDED AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of July 8, 2013. B. Approve the minutes of the Special Called Commission Meeting of June 24, 2013. C. Approve the minutes of the Commission Workshop of June 24, 2013. D. Approve the minutes of the Town Hall Meeting of July 13, 2013. 2. Courtesy of Floor to Visitors 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, Building Department Monthly Activity Report, List of New Business Taxes and Utility Sales Report for June. B. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NUMBER 90-13-218, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; 1 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 65-13-38, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. C. ORDINANCE NO. 80-13-83, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. (Rule 62-610 of the Florida Administrative Code is provided in the electronic agenda packet.) D. ORDINANCE NO. 20-13-124, 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. E. ORDINANCE NUMBER 90-13-219,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY-SIX(26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY-FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Public Hearing for UBEX-13-00100056. Request for a use-by-exception to allow on premises consumption of alcoholic beverages including beer, wine and liquor by Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district. (City Manager) B. Public Hearing for UBEX-13-00100059. Request for use-by-exception to allow for the sale of electric vehicles in a new building within the Commercial General (CG) Zoning District (58 10th Street West). (City Manager) C. Public Hearing for ZVAR-13-00100058. Request for variance from Section 24- 161(h), to allow a reduction in required parking from 19 spaces to 11 spaces (58 10th Street West). (City Manager) 2 D. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage. (149 Oceanwalk Dr. S.) (City Manager) E. Staff recommendations on addition to Chapter 21 parking on right-of-way. (City Manager) *F. Construction Services for Rose Park Improvements. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and/or requests from City Commissioners and City Attorney A. Discussion and Recommendations for the Process and Procedure of Commission Evaluation of City Manager/City Clerk/City Attorney. (Commissioner Beckenbach) B. Discussion of City Code pertaining to parking restrictions for boats and trailers. (Commissioner Daugherty) 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 purpose, 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,August 9,2013. *Amended attachments since the Workshop on July 22, 2013: • Item 3A- Added to the written Follow-up Report • Item 8F- Updated staff report and attachments 3 WELCOME 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 July 8, 2013 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Jonathan Daugherty Call to Order/Pledge: Mayor Borno called the meeting to order at 6:32 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of June 10, 2013. B. Approve the minutes of the Special Called Commission Meeting of May 28, 2013. C. Approve the minutes of the Commission Workshop of May 28, 2013. D. Approve the minutes of the ICMA University Web Conference of June 6, 2013. E. Approve the minutes of the Candidate Workshop of June 6, 2013. Mayor Borno asked if there were any other corrections to the above minutes. He stated the changes to the ICMA Web Conference minutes requested at the workshop have been made and were included in the amended agenda. There were no other changes and 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. Mayor Borno welcomed the audience and explained the process for public comments. Ralph Marcello, President of Beaches Habitat, introduced Lynn Hileman, their property appraiser. He stated he spoke to him about the sale price of Habitat's homes versus the appraised value. He explained Habitat affiliates sell their homes at actual cost to build and their current cost is about $120,000. He stated if Mr. Hileman appraises the home at$130,000 they place a silent second mortgage on the house so a new home owner cannot take advantage between the difference of the actual cost and the appraised value of the home. He distributed a picture of an example of the homes they are building, which was located on Penman Rd. in Jacksonville Beach, stating they have upgraded the quality of the homes they produce. He asked Mr. Hileman to discuss the appraisals. Lynn L. Hileman, Hileman Appraisal Group, 1713 Penman Road, Jacksonville Beach, explained the difference in using a Beaches Habitat price and an actual appraisal value. He stated what the tax assessor does has no bearing on the value because they are not looking at the sale prices. He stated, as a real estate appraiser, from a mortgage standpoint, he would never use a Beaches Habitat sale because it does not reflect an arm's length transaction. He stated they are selling their homes at cost to people who have proven the need for sub-priced housing not market-priced housing. He stated there is no danger in the City dragging down the value of the neighborhood by cooperating with Beaches Habitat and showing goodwill. July 8,2013 REGULAR COMMISSION MEETING Page 2 Marc Hudson, Land Protection Director for North Florida Land Trust, explained his background and spoke on the difference between conservation easements and deed restrictions. He stated conservation easements are perpetual while deed restrictions can be long-lived but are predicated on renewals. He further explained conservation easements are foundational in the Constitution of Florida and deed restrictions operate under common law. He explained on deed restrictions there are restrictions on alienability, which is anything that would actually cause the property to be harmed in a sale in the future; i.e. if the golf course were running into financial troubles they could argue before a court for removal or adaptation of the deed restrictions. He stated in some certain situations conservation easements, because they have a public benefit statement, get a heavier consideration in court because the judge actually has to take into consideration the public benefit to the City of Atlantic Beach, which is not necessarily the same in deed restriction. T.R. Hainline, 1301 Riverplace Blvd., stated he was representing Atlantic Beach Partners on the SPA rezoning. He updated the Commission on issues related to the Selva development, explaining this is a down zoning in intensity and density. He stated they have been working with staff on annexation, and they have prepared and obtained the City of Jacksonville's approval of an Interlocal agreement stating both Atlantic Beach Partners and the Club are committed to supporting annexation, the City of Jacksonville has agreed to consider annexation and regulatory powers over both portions of the property are turned over to the City of Atlantic Beach. He further stated they have prepared and submitted to Atlantic Beach staff a draft annexation agreement and are committed and ready to take that to the City of Jacksonville. He stated on the issue of reuse, they have prepared and submitted to and discussed with City staff a draft reuse agreement and anticipate finalizing that agreement this month. He further stated the draft reuse agreement they submitted requires them to record a conservation easement. He explained they have agreed to the concept of an easement but hesitates to call it simply a conservation easement because unlike many of the things that are used for public trust documents this will have an active recreational use on it, a golf course and everything that goes with a golf course. He stated therefore they are referring to it as a recreation and conservation easement but it would be in perpetuity and they are happy to continue to work with staff and get any input from Mr. Hudson on this document. He stated they sent a letter on all three issues on July 3 to the City Manager committing to use City of Atlantic Beach reuse water, to support annexation, and to record the recreation and conservation easement after the closing of the sale to Atlantic Beach Partners but before the City commencement of construction on the reuse facility. He summarized they have done everything asked of them and are now asking for approval of the rezoning so they can move forward with the redevelopment of the golf course and club, with the annexation, with pushing forward the reuse, and with the recordation of the recreation and conservation easement. Dave Estes, 1275 Linkside Drive, stated he wants two small conditions added to the plan; (1) that the Club shall maintain their backyard areas that members do not see but neighbors of the perimeter of the club do see, by mowing/trimming grass and weeds, including the banks of ponds and waterways and not dumping landscape debris and (2) that the Club shall take into consideration how their actions will affect the neighbors' views of the golf course when they are planning landscaping, hedges, nets, fences, etc. He stated he was told this afternoon that was being discussed between the developers and the new owners of the club. He stated he doesn't know what the answer was to it but would love to hear an answer from somebody. Michael Hoffmann, 176 Camelia Street, expressed his appreciation to the Police for their prompt and helpful assistance to a problem they had recently on his street. He further stated, as secretary to the Fleet Reserve Association 290 Fountain Project Committee, they have submitted a proposal to the City for a fountain and lights in the retention pond on Mayport Road adjacent to the Fleet Reserve. He stated Rick Carper put them in touch with Bluewater Company who came up with a proposal that would cost $7,500 to install, $1,000/year for electricity, and $500/year for quarterly maintenance. He stated the Fleet Reserve July 8,2013 REGULAR COMMISSION MEETING Page 3 project committee has agreed to offer $2,500 toward the cost. He left a copy of a prospectus from Bluewater with the City Clerk and will attend the budget hearings to discuss this with the Commission. Veda Harless, 680 Sailfish Drive E., addressed Item 7K. She stated she is currently the Chair of the Code Enforcement Board and it works very well. She explained her reasons for not moving to a magistrate. She stated she would like to continue to serve the residents and believes it serves them well by having their peers and neighbors be the ones listening to why they may or may not be in violation. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report. City Manager Hanson reported, as discussed by Mr. Hainline, the Interlocal agreement with Jacksonville on the permitting of the Country Club Development was approved by the City of Jacksonville. He stated they have received the letter from the Country Club dealing with the three conditions the Commission set at the May 13 meeting, which was within the 60 day time limit. He distributed a copy to the Commission (which is attached and made part of this Official Record as Attachment A) He further stated they have scheduled a workshop for the Commission to hear the presentation of the results of the pay plan as well as a Budget 101 workshop for Monday, July 22 at 5:00 p.m. He stated he intends to get a budget out to the Commission by the end of this week. Item 7A and Item 8D were taken out of sequence and acted on at this time. 7A. ORDINANCE NO. 90-13-216,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-216 by title. Motion: Approve Ordinance No. 90-13-216. Moved by Woods, Seconded by Mark Mayor Borno explained this Ordinance is related to rezoning the Country Club property to permit construction of a 180-unit subdivision. 8D. Discussion of options in regard to Second Reading of Ordinance No. 90-13-216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. Commissioner Beckenbach asked to make a motion to amend the Ordinance. Motion: Amend Ordinance No. 90-13-216 to add a second special condition to Sec. 3 of said Ordinance, to read as follows: Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice July 8,2013 REGULAR COMMISSION MEETING Page 4 facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity. Moved by Beckenbach, Seconded by Woods Votes: Aye: 4—Borno, Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court West, stated he supports the movement forward on preserving such a wonderful asset and the amendment. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods thank everyone for working together for the betterment of the community. Commissioner Beckenbach thank City Attorney Alan Jensen for helping him on this Ordinance and the amended motion. Mayor Borno called for a vote on the Ordinance as amended. Votes: Aye: 4—Borno, Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED Item 8A was taken out of sequence and acted on at this time. 8A. Approval of Interlocal Agreement w/COJ for Country Club development. Mr. Hanson summarized the agreement stating this allows the City of Atlantic Beach to handle the permitting for this entire project, both for what is in our City limits presently and the rest of the golf course property outside the City limits. He stated with the anticipation of annexation, it makes it more seamless for everyone to be regulated through one agency rather than multiple agencies during this transition. He stated staff recommends approval. Motion: Approve the Interlocal Agreement with the City of Jacksonville for the Country Club development. Moved by Woods, Seconded by Mark Commissioner Beckenbach asked who will determine which trees will stay and which will go. Mr. Hanson stated Atlantic Beach will be doing all of the tree permitting as described in the zoning they just approved. He stated he understands Jacksonville approved equal zoning for their portion of this property. Further discussion ensued. July 8,2013 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4—Borno,Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED 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 April, Building Department Monthly Activity Report,the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of$12,083 of forfeiture funds for equipment purchases and $3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A,B and C as read. Moved by Woods, Seconded by Beckenbach Votes: Aye: 4—Borno,Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 13-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 13-09 by title. Motion: Approve Resolution No. 13-09 as read. Moved by Mark, Seconded by Woods July 8,2013 REGULAR COMMISSION MEETING Pace 6 Mayor Borno summarized the Resolution stating this is continuing our agreement with FDOT for maintenance of ROWs, drainage ditches and ponds along the State highways within Atlantic Beach. Votes: Aye: 4—Borno, Beckenbach,Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 90-13-216,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 90-13-217,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY (RS-1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-217 by title. Motion: Approve Ordinance No. 90-13-217 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is for rezoning the property to the south of the Country Club back to single family residential since the property is no longer part of the prior Country Club PUD. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-13-122,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. Mayor Borno read Ordinance No. 20-13-122 by title. July 8,2013 REGULAR COMMISSION MEETING Page 7 Motion: Approve Ordinance No. 20-13-122 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is to approve funding to install a single-camera video system in the Commission Chamber. Mayor Borno opened the Public Hearing. Sally Clemens, 1638 Park Terrace West, addressed the Commission asking that they please speak into their microphones. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 3—Beckenbach, Mark,Woods Nay: 1 —Borno MOTION CARRIED D. ORDINANCE NO. 95-13-106, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95-13-106 by title. Motion: Approve Ordinance No. 95-13-106 as read. Moved by Woods, Seconded by Mark Mayor Borno summarized the Ordinance stating it amends the Animal Control Ordinance as related mostly to dangerous dogs. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 5-13-59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5-13-59 by title. July 8,2013 REGULAR COMMISSION MEETING Page 8 Motion: Approve Ordinance No. 5-13-59 as read. Moved by Beckenbach, Seconded by Mark Mayor Borno explained this changes the Code so that dangerous dog cases will be heard by a Special Magistrate rather than the Code Board. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Mr. Hanson stated if this is approved they will need to get a Special Magistrate, explaining the process to do so. Votes: Aye: 4—Borno, Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED F. ORDINANCE NO. 75-13-18,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 75-13-18 by title. Motion: Approve Ordinance No. 75-13-18 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this adds provisions in the Code dealing with taxi cabs which we have not previously had. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 4—Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED G. ORDINANCE NUMBER 90-13-218,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; July 8,2013 REGULAR COMMISSION MEETING Page 9 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90-13-218 by title. Motion: Approve Ordinance No. 90-13-218 as read. Moved by Woods, Seconded by Mark Mayor Borno explained this is extending the PUD limits for Fleet Landing to include additional property for a maintenance facility they want to build. Votes: Aye: 4—Borno,Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED H. ORDINANCE NO. 95-13-107, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95-13-107 by title. Motion: Approve Ordinance No. 95-13-107 as read. Moved by Woods, Seconded by Mark Mayor Borno stated this authorizes the sale of a city-owned house at 765 Sabalo Dr. Commissioner Woods stated in addition to Mr. Marcello and Mr. Hileman speaking tonight, she also contacted an appraiser and asked how this was handled and he had pretty much the same answer. He stated appraisers use the market value and not the sale value, especially when it is non-profit involved. She stated she hopes the City avoids this type situation in the future but since they are here now she believes it is the appropriate thing to do. Mayor Borno asked if she supports the possibility of considering Habitat. Commissioner Beckenbach stated the Ordinance doesn't specify how to sell it just that they can sell it and they can discuss how at the next workshop. Mr. Hanson stated there is a Special Meeting at the next workshop to approve this ordinance and all it says is the City is authorized to sell it. He stated once they get to the second reading and approve it, he believes it is appropriate for the Commission to direct the staff as to which way they want to go. He reiterated this Ordinance does not stipulate how to sell it; it just declares it as surplus and says it can be sold. Discussion ensued. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED July 8,2013 REGULAR COMMISSION MEETING Page 10 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 65-13-38 by title. Motion: Approve Ordinance No. 65-13-38 as read. Moved by Beckenbach, Seconded by Mark He explained this is authorizing the closure of a part of Orchid St. to allow for expansion of Rose Park. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80-13-83 by title. Motion: Approve Ordinance No. 80-13-83 as read. Moved by Woods, Seconded by Beckenbach He explained this Ordinance is creating provisions in the Code for a reuse water system that the City is planning to build. Commissioner Beckenbach asked how much other townships are billing for reuse water. Mr. Hanson explained Donna Kaluzniak got the rates for both JEA and Clay County and they made some projections based on the 180 houses and will bring it to the Commission before they start to be occupied. He stated the St. Johns Water Management District is considering our grant application tomorrow and staff is hopeful we will get funding for $440,000 towards the cost of this. Commissioner Woods stated she doesn't recall that this talks about the type of landscaping that will be put in and would suggest staff talk to the developers about their landscaping requirements before they come up with their projections and assumptions. Mr. Hanson stated they have had long discussions with the developers about the golf course property and about how many gallons they would use. He stated their projections of the volume of reuse water to be used are based on the 20 irrigation meters they have in the Linkside area. He stated they are relatively small lots and they thought they would be pretty much consistent with the size and July 8,2013 REGULAR COMMISSION MEETING Page 11 amount of landscaping he would expect to be put in on these new lots. He stated they will have a discussion with the Commission in a few months and they will need to adopt a rate ordinance just like they do with water and sewer rates. Votes: Aye: 4—Borno,Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED K. ORDINANCE NO. 5-13-60, Introduction and First Reading AN ORDINANCE OF THE CITY 0 F ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 5-13-60 by title. Motion: Approve Ordinance No. 5-13-60 as read. Moved by Beckenbach, Seconded by Borno Mayor Borno summarized the Ordinance stating this is eliminating the Code Board and authorizing the use of a Special Magistrate to hear cases. He stated this was his recommendation and since they are going to Special Magistrate for the dangerous dogs he believes it is the optimum time to transition all of our Code Enforcement Board duties to a Special Magistrate. He stated it takes the weight off neighbors making decisions for neighbors which can become emotional. He stated by using a Special Magistrate we follow what the law says. Commissioner Beckenbach asked the City Attorney if the Magistrate would be the same one at every Code Enforcement meeting who would make the decision according to the codes as he/she reads them. Mr. Jensen stated yes. Commissioner Beckenbach asked how has he found others to be throughout the area and stated he knows Neptune has this. Mr. Jensen stated Neptune Beach recently went to this and Jacksonville Beach has had it for 6-7 years, but he has not had any experience with them. Commissioner Beckenbach stated he has spoken to a number of different places who seem to be really happy with their magistrate. Discussion ensued. Commissioner Woods stated after hearing what the Chair of the Code Enforcement Board said she believes what you do with your home and what the City's response is to that is emotional and personal and she is not sure, as a community, we are quite ready to give that up and make it as impersonal as a magistrate would perceive to make it. She stated she believes our citizen committees are a good thing and work well and we have a community of citizens who like being involved and who take it seriously and look at the issues as they are. She stated she is not sure she is in favor of this part of it. She believes it is very important for the dangerous dog because that really becomes litigious. Commissioner Mark concurred with Commissioner Woods, stating she is not completely convinced that to dissolve the Code Enforcement Board for other violations is prudent at this time. She stated maybe they could think about this a little more. Mayor Borno stated he did not make this recommendation because of any feelings he has that the Code Enforcement Board has not done their duty; it is an efficient method to do it. He July 8,2013 REGULAR COMMISSION MEETING Page 12 believes this is a prudent move and it will help streamline. He stated although it does eliminate some volunteer positions, there are other boards that they can be involved in. Commissioner Beckenbach asked if the people coming before the Code Board are becoming more litigious and if they are then he believes they should lean more toward the magistrate. Mr. Jensen stated he believes the only time people come in with lawyers is for a dangerous dog case, very rarely do lawyers come in representing people on anything else. Discussion ensued and Commissioner Beckenbach asked that this be deferred so he could do more research. Commissioner Beckenbach withdrew his motion and Mayor Borno withdrew his second. Mr. Jensen stated they could either defer it to a time certain or defer indefinitely and someone would have to bring it back. Motion: Defer indefinitely. Moved by Beckenbach, Seconded by Woods Mayor Borno encouraged the Commissioners to discuss with the Building Official and Code Enforcement people and get a feel for their side of this. Commissioner Mark encouraged them to come to the Workshop to give the Commission feedback on how they feel about this or they could send an email to the Commissioners. Mr. Jensen stated everyone here is free to attend the Code Enforcement Board meetings and see how they operate. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED L. ORDINANCE NO. 20-13-124, 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. 20-13-124 by title. Motion: Approve Ordinance No.20-13-124 as read. Moved by Mark, Seconded by Beckenbach Mayor Borno explained this is to add grant revenues and expenses for the first phase of the construction of the pedestrian path at Tideviews Park. Votes: Aye: 4—Borno,Beckenbach,Mark,Woods Nay: 0 MOTION CARRIED July 8,2013 REGULAR COMMISSION MEETING Page 13 8. Miscellaneous Business A. Approval of Interlocal Agreement w/COJ for Country Club development. This item was taken out of sequence and acted on earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15-17. Motion: Designate Mayor Mike Borno as the voting delegate for the Florida League of Cities Annual Conference in Orlando. Moved by Mark, Seconded by Woods Votes: Aye: 4—Borno,Beckenbach, Mark,Woods Nay: 0 MOTION CARRIED C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and greenspace in the Selva Marina Development. Mayor Borno stated this does not include writing, it is just reviewing. Mr. Hanson stated the Country Club thought it appropriate for them to write so that would put our consultant in the role of reviewing it and making recommendations. Commissioner Beckenbach stated he would like to make a motion. Motion: Use the North Florida Land Trust as the City's consultant to review the Recreation and Conservation Easement being prepared by Atlantic Beach Partners, LLC & Selva Marina Country Club, Inc., per Ord. 90-13-216, and for North Florida Land Trust to make any recommendations on said Easement to the City. Moved by Beckenbach, Seconded by Woods Commissioner Beckenbach thanked Marc Hudson for coming and representing North Florida Land Trust. He stated this is very important to the future and when he is 90 years old he wants to make sure there is still greenspace over there. He stated he believes the North Florida Land Trust will be beneficial to us and worth the small amount of money they are talking about to bring them in to review this. He stated after their review they can give us the information that we need in order to make the proper decisions, along with Alan Jensen. Votes: Aye: 4—Borno, Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED D. Discussion of options in regard to Second Reading of Ordinance No. 90-13-216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining greenspace. This item was taken out of sequence and acted on earlier in the meeting. July 8,2013 REGULAR COMMISSION MEETING Page 14 9. City Manager A. City Manager's Report. City Manager Hanson reported on a proposed Cultural Arts and Recreation Committee event. It will be an exercise session for children to be taught by Jeff Wight on July 15, 17 and 19. He stated this will be taught at the Atlantic Beach Elementary School track and will cost $10.00, which will be donated to Atlantic Beach Elementary. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Woods • Believes this new process is working well and has slowed things down enough for everybody to give it due consideration. • Stated she sent out an email about the dirt parking lot at town center stating they had to rescue someone who was stuck in the mud there. She stated she spoke to Mike Griffin about this who spoke to the property owner and they said they would be happy to come to our next workshop and discuss the options with us. She stated she would like to see if the City could work with the property owner to put in some fill dirt to help dissipate the water and keep people from getting trapped in there. She stated she knows the City is not in the habit of improving private property but believes the public is getting a benefit from this parking lot and they should at least look at it. • Reminded everyone there is a Town Hall meeting this Saturday from 10 to noon at Donner. • Spoke with Representative Janet Adkins about improvements on Mayport Road and Atlantic Blvd. and they will be meeting with the City Manager and representatives from Neptune Beach to talk about programs DOT has and what they can do for those corridors. Mayor Borno • The 4th Fleet anniversary is this week. • Looks forward to the next workshop. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:57 p.m. Mike Borno ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk *A Workshop was held on June 24, 2013 for the purpose of discussing these items. Please refer to the Workshop Minutes for the previous discussion. ATTACHMENT A T.R.HATNLINE,JR, 1301 Riveiplace Boulevard•Suite 1500 GERS 'IT OW t RS-1 Jacksonville,Florida 37107 904.398.3911 Main A T T O R N E Y S A T L A W 904.346.5531 904.396.0663 Fax THainline @rdaw.com wwwrdawcom July 1, 2013 Revised July 3,2013 Mr. Jim Hanson City Manager, Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 RE: Atlantic Beach Country Club SPA; Ord.No. 9043-216 Dear Jim: Atlantic Beach Partners, LLC ("ABP"), and Selva Marina Country Club, Inc. (the "Club") will agree to the following condition in the pending Special Planned Area: "Prior to the commencement of development under this Special Planned Area, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein (excluding the practice facilities to be located south of the internal roadway), and the Recreation and Conservation Easement will limit the uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area, in perpetuity." Regarding the issues of re-use, annexation, and the Recreation and Conservation Easement: 1. ABP and the Club will agree to utilize re-use water as the primary source of irrigation water for the proposed uses, provided that availability is satisfactory for the proposed uses and that applicable water quality standards are met. On June 19, we submitted to you a draft agreement on this issue, and on June 28 we had a productive meeting with you to discuss revisions to the draft. We look forward to concluding those discussions and executing the agreement soon. 2. ABP and the Club support annexation of the City of Jacksonville portions of the Property into the City of Atlantic Beach. On June 25, the Jacksonville City Council approved an interlocal agreement advocated by ABP and the Club which, among other items: recites ABP's and the Club's support for annexation; states that ABP and the Club will initiate a proposal for annexation; and provides that the City of Jacksonville and City of Atlantic Beach will consider the proposal. 3. As part of the agreement described in Paragraph #1 above, ABP and the Club will agree to record a Recreation and Conservation Easement on the golf course portion of the property (excluding the practice facilities to be located south of the internal roadway) limiting • Mr. Jim Hanson July 3, 2013 Page 2 the uses on that portion of the property to recreational uses and conservation/greenspace, including the golf course and related uses. The agreement will provide that the Recreation and Conservation Easement will be recorded after the closing of the sale of the property to ABP and prior to commencement of the City's construction of the reuse system. We trust that the proposed Special Planned Area condition and other points addressed above are responsive to the questions posed on these issues. Please contact me if you need any additional information. Sincerel , T.R. ainline, Jr. TRH:sql cc: Rick Wood (via electronic mail) Leed Silverfield (via electronic mail) Mike Carlin (via electronic mail) John Meserve (via electronic mail) Alan Jensen,Esq. (via electronic mail) • • JAX\1782623_2 -2- MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON JUNE 24, 2013 PRESENT: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods ALSO: Jim Hanson, City Manager Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The Mayor called the meeting to order at 6:33 p.m. in the Commission Chamber. He explained the special meeting was called to approve the Resolution in support of not doing away with the Public Library at the beach. 1. RESOLUTION NO. 13-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING THE BENEFITS OF PUBLIC LIBRARIES, ENCOURAGING THE CITY OF JACKSONVILLE TO KEEP THE BEACHES LIBRARY IN NEPTUNE BEACH OPEN FOR THE PUBLIC AND REMINDING THE CITY OF JACKSONVILLE OF ITS REQUIREMENTS UNDER THE INTERLOCAL AGREEMENTS TO PROVIDE LIBRARY SERVICES TO ATLANTIC BEACH. Motion: Approve Resolution No. 13-10. Moved by Mark, Seconded by Daugherty Mayor Borno read Resolution No. 13-10 by title. Votes: Aye: 5—Borno,Beckenbach,Daugherty,Mark,Woods Nay: 0 MOTION CARRIED The meeting was adjourned at 6:35 p.m. Mike Borno Mayor/Presiding Officer ATTEST Donna L. Bartle, CMC City Clerk MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON JUNE 24,2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Rick Carper, Public Works Director Mike Classey, Police Chief Donna Kaluzniak, Public Utilities Director Erika Hall, Principal Planner Jeremy Hubsch,Redevelopment and Zoning Coordinator Donna Bartle, City Clerk Nancy Bailey, Recording Secretary The meeting, which was held for the purpose of discussing the agenda items for the Commission Meeting of July 8, 2013, was called to order at 6:35 p.m. by Mayor Borno. Workshop-only items: 1. Presentation by Gary L. Anderson—Coastal Ecosystems. Mayor Borno introduced Mr. Anderson who gave a PowerPoint presentation, entitled Florida Coastal Adventures, related to our natural resources and ecosystem. He stated the slides, taken mostly in Atlantic Beach, show some of the things that make up the character of this particular region and make it special. 2. Jeremy Hubsch, Redevelopment and Zoning Coordinator — Mayport Road Redevelopment. Mayor Borno introduced Jeremy Hubsch who explained what he has done so far as the Redevelopment and Zoning Coordinator and what his plans are for the future related to the Mayport Road corridor, including forming a Mayport Advisory Group. He stated he is encouraged by what he has seen and believes they will get things turned around. He answered questions from the Commission. *Discussion of Agenda Items on July 8, 2013 Commission Meeting: Item 7A was taken out of sequence and discussed at this time. A. ORDINANCE NO. 90-13-216,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING Minutes—City Commission Workshop June 24,2013 Page 2 FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance 90-13-216 by title. Commissioner Beckenbach discussed his concerns related to the conservation easement stating after discussing these with the City Attorney, he has proposed something that will give the citizens all of the legal language that is required for this conservation easement. City Attorney Jensen explained the language they propose to add to the ordinance for the July 8th meeting. He stated he does not believe this is a substantial change to the Ordinance because the changes are not substantive and do not affect the zoning but it is more of a procedural type change, but that is for the Commission to determine. He further stated the commitment to the conservation easement is also contained in the master agreement whereby they are committing to do that in perpetuity as well. Discussion ensued and Mr. Jensen answered several questions from the Commission. Item 7G was taken out of sequence and discussed at this time. G. ORDINANCE NUMBER 90-13-218, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Principal Planner Erika Hall summarized her staff report explaining the purpose is to move the existing maintenance facilities from the northwest corner down to the new parcel. She stated where the maintenance facilities currently are the skilled nursing care facility will be renovated with a memory care center for Alzheimer's patients next to it. She answered questions from the Commission. 1. Minutes of the Regular Commission Meeting of June 10, 2013, the Special Called Commission Meeting of May 28, 2013, the Commission Workshop of May 28, 2013, the ICMA University Web Conference of June 6, 2013, and the Candidate Workshop of June 6, 2013. Commissioner Beckenbach commented on the minutes of the Web Conference asking that "it is important to avoid the perception of having a closed government and the key is to keep the citizens, the Commission and the newspaper well informed and put it out in a timely manner" be added. Mr. Hanson asked that he send him that wording in an email. It was the consensus of the Commission to add that wording to the minutes. Minutes—City Commission Workshop June 24,2013 Page 3 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report. Mr. Hanson stated the first Town Hall meeting will be held on July 13 at 10:00 a.m. at the Donner Center. Discussion ensued. Mr. Hanson reported on the cost of indexing the videotaped meetings as requested at the last meeting. He stated there are two options. He stated the cost to pay someone outside would be $120/meeting; to have staff do this in-house, using the worst case scenario of paying overtime for a staff member to watch the meetings, it would be $52/meeting. He answered questions from the Commission. Discussion ensued. Mr. Hanson further reported that the Commission asked that they set a meeting before the budget workshop to help the Commission better understand the complexities of the City's budget documents. He stated he would like to expand that to include the report on the pay study. He stated he will have staff call them to check their schedules to set this workshop at the end of July. Discussion ensued. 4. Consent Agenda A. Acknowledge receipt of the Financial Report for April, Building Department Monthly Activity Report, the List of New Business Taxes and the Utility Sales Report for May. B. Approve the expenditure of$12,083 of forfeiture funds for equipment purchases and$3,500 from the General Fund budget beginning in the second year. C. Authorize the Mayor to sign the related paperwork for the applications and the subsequent paperwork related to the JAG grant. In addition, authorize Michael D. Classey to submit the applications on line and have the authorization to electronically sign the on-line applications on behalf of the Mayor and the City. Commissioner Daugherty asked why the $3,500 is being subsidized from the General Fund in Item 4B. Chief Classey explained that is an annual maintenance cost and once they purchase the equipment that $3,500 becomes a normal operating expense, which forfeiture fund expenditures cannot be used for. Chief Classey also explained the JAG grant. Item 8A was taken out of sequence and discussed at this time. 8A. Approval of Interlocal Agreement w/COJ for Country Club development. Mr. Hanson explained the Interlocal Agreement stating the agreement stipulates that Atlantic Beach will receive all of the fees for permitting and inspection. He stated he recommends the Minutes—City Commission Workshop June 24,2013 Page 4 Commission approve the agreement. He answered several questions from the Commission. Discussion ensued related to annexation. 5. Committee Reports None. 6. Resolutions A. RESOLUTION NO. 13-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Resolution by title. Rick Carper summarized the maintenance agreement, stating this is the same agreement we have had every year since the early 1990s. He stated it puts the ponds along Mayport Road and Atlantic Blvd under our maintenance for which DOT pays us $51,000/year. He stated this does not include the Atlantic Blvd. or Mayport Rd. medians, which were put in at our request and are fully funded by Atlantic Beach. He answered questions from the Commission. Discussion ensued. 7. Ordinances A. ORDINANCE NO. 90-13-216,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. B. ORDINANCE NO. 90-13-217,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY (RS-1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion. C. ORDINANCE NO. 20-13-122,Public Hearing and Final Reading Minutes—City Commission Workshop June 24,2013 Page 5 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 the Ordinance by title. Discussion ensued related to a multi-camera system. Commissioner Mark suggested reviewing this at the budget workshop instead of approving this for a single camera system for just one meeting. Commissioner Woods disagreed stating she believes they need to keep moving ahead because you never know what is going to happen in the budget process. D. ORDINANCE NO. 95-13-106, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF DUTIES, TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY, TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND PENALTIES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. There was no discussion. E. ORDINANCE NO. 5-13-59, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Commissioner Beckenbach stated he called Neptune Beach pertaining to how well this was working for them and they said it was phenomenal. Discussion ensued. F. ORDINANCE NO. 75-13-18, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF ADVERTISING, PRINTED MATTER ON A VEHICLE, INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS, METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS, RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND PENALTIES PROVIDED,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno stated this Ordinance is about taxi cabs. There was no discussion on this Ordinance. Minutes—City Commission Workshop June 24,2013 Page 6 G. ORDINANCE NUMBER 90-13-218,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. This item was taken out of sequence and discussed earlier in the meeting. H. ORDINANCE NO. 95-13-107,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 765 SABALO DRIVE, ATLANTIC BEACH, FLORIDA 32233,AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Mr. Hanson explained the background of the property stating there is an Ordinance required by Florida Statute before a city sells any property. He stated all this Ordinance says is that we don't need the property and are able to sell it; it doesn't specify how to sell the property. He further stated Beaches Habitat has looked at the property and has expressed an interest in buying it and remodeling it so they can put a homeowner in it. Discussion ensued on how to sell the house. Mr. Jensen further addressed the issue stating this house went before the Code Enforcement Board because it wasn't properly maintained and they were given a certain time by the Code Enforcement Board to bring the property up to meet the standards required by the Board. He stated they didn't meet that and started accruing a fine of $100/day and when that reached $25,000 that was when they got permission to file the foreclosure suit. He stated this is an unusual case and is different from other City-owned property in that we got it through the Code Enforcement procedure. He stated this becomes a question of what the Commission wants to do with Code Enforcement Board property. He stated he doesn't believe it is the intent of Chapter 162 of the Statutes or our Code Enforcement Board ordinances for the City to make money on this property. He stated the intent is for the property to be improved and for somebody to be in there taking care of it. He stated, for example, if Beaches Habitat said they want to do this and they can get a responsible owner in there and the City can recover its cost, then the City is accomplishing what the goals of the Code Enforcement Board are, i.e. getting it brought up to standards and getting somebody in there to take care of the property and properly maintaining it. He stated the number of houses they are going to get title to as a result of the Code Enforcement Board is very small. Further discussion ensued. Mayor Borno suggested the Commissioners put their ideas for the sale of the house on the agenda as an action item and they could be voted on at the next meeting. Mr. Hanson pointed out that the sooner they can get an answer the better because the City is paying to maintain the house now. He stated this item may make sense to have as a special meeting at the next workshop. Mr. Jensen stated they can propose an amendment to the Ordinance at the first reading. Minutes—City Commission Workshop June 24, 2013 Page 7 I. ORDINANCE NO. 65-13-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18, PAGE 34, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. Public Works Director Rick Carper summarized the Ordinance showing a slide of the street closure. He answered questions from the Commission. Discussion ensued. J. ORDINANCE NO. 80-13-83, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES, AND PROVIDING AN EFFECTIVE DATE. Public Utilities Director Donna Kaluzniak summarized the Ordinance, explaining all cities that have reuse systems have reuse ordinances and it is in our consumptive use permit that once we begin design of a reuse system, we have to adopt an ordinance within 90 days. She answered several questions from the Commission. Discussion ensued. K. ORDINANCE NO. 5-13-60,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, TO REPEAL DIVISION 2 IN ITS ENTIRETY, DISSOLVE THE CODE ENFORCEMENT BOARD, AND ESTABLISH THE CODE ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, WHICH AUTHORIZES THE CREATION OF ONE OR MORE CODE ENFORCEMENT SPECIAL MAGISTRATES, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read the Ordinance by title. He stated he has been working with the City Attorney on this and explained his reason for wanting this change is that society and things have changed so much in relation to Code Enforcement Boards, with more people tending to bring their lawyers. He stated as they have voted to go with a special magistrate for dog cases he believes they should really consider going with a special magistrate for Code Enforcement. Discussion ensued. L. ORDINANCE NO. 20-13-124,Introduction and First Reading Minutes—City Commission Workshop June 24, 2013 Page 8 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 the Ordinance by title. Rick Carper summarized the staff report stating the purpose of this budget amendment is to provide construction funding for Phase 1A of the Preserves multi-purpose path. He explained we will be getting $17,500 of this money back after we have completed the construction. He showed a slide of the trail area. He answered questions from the Commission. 8. Miscellaneous Business A. Approval of Interlocal Agreement w/COJ for Country Club development. This item was taken out of sequence and discussed earlier in the meeting. B. Designation of voting delegate to FLC Convention Orlando August 15-17. City Manager Hanson stated at the next Commission meeting they will need to designate someone to vote, on the City's behalf, at the Florida League of Cities Convention on their policies and platform for the upcoming legislative year. He stated the only two elected officials who have signed up to go to the Convention are Commissioner Mark and the Mayor. Commissioner Woods stated she would nominate the Mayor because of all of his involvement over the years. C. Discuss using The North Florida Land Trust as our consulting entity and utilizing their Land Protection Director, Marc Hudson as COAB's consultant during our negotiations, writing and reviewing the conservation easement over the golf course and green space in the Selva Marina Development. Commissioner Beckenbach stated he believes the City should consider using a consultant related to the conservation easement to work with Alan Jensen, explaining Mr. Hudson's background. Discussion ensued. Commissioner Daugherty asked Mr. Jensen if there is a need for this and is there a fee for this consultant. Commissioner Beckenbach stated there would be a fee that depends upon how much we ask them to do. Mr. Hanson explained there is the drafting of the easement itself, which he believes would cost $2,500-$3,500, and once that is done there is a baseline documentation report which is an assessment of the property as it exists as of the date of the conservation easement, which becomes an historic document. He stated that would be another $3,000 to get that document. He stated, perhaps, they could get the country club or developer to pay for that part of it. Leed Silverfield, representative of the developer, stated he will discuss this with his partners and the club but he believes a deed restriction and a conservation easement seem to accomplish the exact same things. He stated for a deed restriction the City's lawyer could craft out a work with their counsel and, in his opinion, they would not need a consultant. He stated he does not believe the developer has a preference either way but needs to double check to make sure there is no negative impact. Answering Commissioner Daugherty's question, Mr. Jensen stated without seeing the conservation Minutes—City Commission Workshop June 24, 2013 Page 9 easement he cannot tell them whether they need a consultant. He stated if it is an in-depth conservation easement, he doesn't have a lot of experience with that, but if it is a fairly simple straightforward deed restriction which accomplishes what this Commission wants, then that would be acceptable. Mr. Jensen stated they reference in their contract a green space preservation agreement but he believes whatever they use they can make it so it is permanent. D. Discussion of options in regard to Second Reading of Ordinance No. 90-13-216 pertaining to Selva Marina Country Club to ensure conservation easement is placed on the golf course and remaining green space. This item was taken out of sequence and discussed earlier in the meeting. 9. City Manager's Report. City Manager Hanson has nothing further to report. Mayor Borno reported that Councilman Gulliford's installation as President is at 4:00 p.m. on Friday. 10. Courtesy of Floor to Visitors Mayor Borno opened the Courtesy of the Floor to Visitors. Sally Clemens, 1638 Park Terrace W., addressed Item 7K, stating she agrees that is a good idea. She asked if the Code Enforcement Special Magistrate is a lawyer, who hires that person and how much is the pay. Mayor Borno stated it is a lawyer, the Commission hires them and the pay is determined when they write a contract. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. There being no further discussion by the City Commission, Mayor Borno declared the meeting adjourned at 8:34 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk *Formal action(if needed)will be taken at the Commission Meeting of July 8,2013. Minutes of Town Hall Meeting Saturday,July 13,2013 Present: Mayor Pro Tern Maria Mark Commissioner Carolyn Woods Commissioner Jonathan Daugherty City Manager Jim Hanson Approximately 15 citizens attended(sign-in sheets available) Mayor Pro Tem Mark called the meeting to order in the Donner Community Center at 10 am. She welcomed the citizens and invited their comments about any city related subject. Comments and discussions are summarized as follows: • Crime along the Mayport Corridor was the first concern. One resident was concerned about drunks, people sleeping at the location of the old Fred Saloon, gangs of young men roaming around in the lam to 2 am timeframe and people looking in their windows at night if they did not keep their curtains closed. • Mr. Selby was opposed to the landscape medians on Mayport Road as well as the Mayport Flyover. He stated it was hard to turn around and that the project had"killed"businesses. He wanted the City to take down the flyover. •Jimmy Hill was also opposed to the Mayport medians. He wanted"holes cut at key streets". There was a general discussion about the value of the Mayport medians as well as the involvement in design and construction by the FDOT. •Mr.Reeves suggested a meeting be held with the FDOT concerning the medians. He also stated that the Commission was acting like a"homeowners association"and"against everything", but not taking ownership of problems. He stated that the police station was one example. • Mrs. Brown indicated that she favored videotaping of public meetings,which was also supported by Jimmy Hill. •Mr. Hill said that the City's action in establishing certain parks had contributed to the crime problem because some of the more remote parks acted as crime magnets. He specifically said that prostitutes had used them and suggested that the City use the park rangers for more supervision. He supported putting a house on the largest remote park(Dutton Island)for a City employee to live in. He went on to say that he favored community parks like Donner which were active,but not parks like Tideviews which had more crime problems. • Steve Fouraker stated he was happy with the City's plan to install a single-camera system for videotaping of the commission meetings. •Michael Hoffman was concerned about pedestrian bicycle safety. He wanted to lower the speed limit on Mayport Road as well as lower the speed limits for all other streets in the City to 20 MPH. • Commissioner Daugherty said he favored speed bumps on city streets. However,there was a following discussion with several members in the audience who were opposed to speed bumps and preferred other options like rumble strips that would not damage cars that went over them. • Ray Brown said he was concerned about the City's finances. Specifically,he wanted the City to put more of the charges into taxes as opposed to fees. •Jimmy Hill said that he thought that the City representatives at the meeting did not have open minds. He stated that there had been too much money spent on studies and public planning. He favored letting the staff make the decisions without using consultants. • One citizen indicated a frustration with the lack of progress on the proposed project to install a fountain in the pond between 4th and 5th Street on Mayport Road. Michael Hoffman,who is involved in the project, explained the current status to him. • Steve Fouraker indicated in response to the numerous issues raised that"government is not easy"and that plans for the police station had not yet been finalized because there had not yet been a good enough plan put forth. • Jimmy Hill stated that he thought the City was often in a defensive mode when people are listening to citizen complaints. • Mike Hampton, who lives on Begonia Street had several complaints. The first was about his yard flooding during rain storms. Second,he received a citation for parking his boat in the front yard and third, that there is a"habitat home"that was not far from his house that had tall grass and weeds in the front yard. He wanted the City to change the Code to allow for boats in the front yard. Last he complained that there were two boats in City ditches on the side of the Dagley junk yard that were blocking the drainage. • There was a general discussion among the group about the proposed wastewater reuse system and the Selva Marina Golf Course project. Commissioners explained why the City was involved in the project. • Sally Clemens talked about plans for a possible roundabout at the five points intersection,the speed limits on her street and boats in the front yard. •Jimmy Hill wanted to be able to have public input from the citizens at commission meetings at the time that each subject was discussed. He said that he understood that, if elected as a city commissioner,the meetings would"last much longer". Mr.Hill said he also favored letting all registered trailers be parked in front yards. • Steve Fouraker was concerned about people blocking City streets with parking on both sides. He was advised to call the police department when this happens. Meeting was adjourned at 12:00 pm. Jim Hanson City Manager AGENDA ITEM#3A AUGUST 12,2013 July 11,2013 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM Jim Hans.=i City Manager SUBJECT: Follow-up ' eport Grant for Reuse Construction; The City has received notice that the St. Johns Water Management District has approved a grant in the amount of$442,000 for construction of the equipment and pipes needed to provide reuse wastewater for irrigation to the new Selva Marina Golf Course and subdivision. This is a 40%grant for a total estimated construction price of $1,105,000.00. The design for the reuse facilities is currently being prepared with construction estimated to begin later this Fall and reuse water available beginning early in 2014. Donna Kaluzniak and John Collins worked together in preparing this grant application for a review by the Water Management Board. Atlantic Beach's project was ranked 14th out of 42 projects submitted by entities in the St. Johns River Water Management region. AGENDA ITEM#3A AUGUST 12,2013 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Report on Regulations for Parking Boats and Trailers in the Front Yards and Other Commission Input for Possible Referral to the Community Development Board SUBMITTED BY Jim Han 11 I.� ► ` DATE: August 6, 2013 STRATEGIC PLAN LINK: This report references strategic plan item No. 11 —Possible Tree Ordinance Modifications BACKGROUND: The City Commission asked for a report of items to be referred to the Community Development Board along with other cities regulations relating to parking boats and trailers in front yards.Atlantic Beach currently requires that boats and trailers be set back at least 15 feet from the property line in residential areas. Some residents have recently been notified by the City's Code Enforcement Officer that they were violating this provision and asked that the City Commission consider changing the Code. When the item was discussed at the workshop on July 22'1,there was a discussion about referring this to the Community Development Board for their recommendation and Commissioners were asked to provide their input to the City Manager for a report before the regular meeting on August 12`x. Commissioners had input on three items as follows; 1) Boats and trailers in the front yard;A request was made to consider eliminating the 15 foot setback requirement and instead just having a requirement that boats be parked on private property but no closer than 15 feet from the paved surface of any street. 2) Zoning for businesses;Another request was made to consider ways to encourage through zoning the establishment of"specialty"new vehicle businesses along Mayport Road. Specifically,this was referring to the customization of new vehicles for resale. The electric vehicle business proposed for W. 10`h Street would be an example of this type of business. Most of Mayport Rd. is currently zoned for CG zoning, which allows for minor automotive repair.This would include installing accessories to a customer vehicle.However, heavy automotive, which would include installing engines,transmissions and any body repair, would not be allowed in CG zoning. The purpose of the CG zoning is to permit low intensity commercial uses. Selling and storing vehicles outdoors/indoors, including test driving vehicles requires a Use By Exception from the Community Development Board and City Commission. AGENDA ITEM#3A AUGUST 12,2013 3) Tree Ordinance; Possible amendments to the tree ordinance are included in the Strategic Plan. This goal centered around strengthening the City's tree ordinance to discourage the elimination of the tree canopy and to implement new rules dealing with the removal of boundary trees that straddle property lines.A commissioner asked that this goal be assigned to the CD Board. Regulations for trailers,boats and camper parking for Jacksonville, St. Augustine,Neptune Beach, St.Johns County and Jacksonville Beach are summarized in the attached memo from Mike Griffin dated July 23, 2013. BUDGET: There are no expenditures estimated for this project. RECOMMENDATION: The City Commission should provide direction as to which items, if any, should be referred to the Community Development Board for review and recommendation. ATTACHMENTS: 1)Memo from Mike Griffin dated July 23,2013. AGENDA ITEM#3A AUGUST 12,2013 i----,ti1;4,i, City of Atlantic Beach Building Department - , 800 Seminole Road `• ,,5 Atlantic Beach, Florida 32233 1.5 ,: Telephone(904)247-5800 Fax 0904)247-5805 '= rV9 , www.coab.us Memorandum To: Jim Hanson, City Manager From: Michael Griffin, CBE, CFM Building and Zoning Director 4 4 Date: July 23, 2013 Re: Surrounding Jurisdiction Requirements for Trailers, Boats and Campers As requested, this is to relate the zoning requirements of surrounding jurisdictions for trailers, boats and campers within the front yard. Jacksonville- Not allowed in required front yard setback (generally 20 ft.) also must be 5 ft. from side or rear yards. St. Augustine- Not allowed in required front yard setback (generally 20 ft.) also must be 5 ft. from side or rear yards. Neptune Beach- Not allowed in required front yard setback (generally 20 ft.) also must be 3 ft. from side or rear yards. St. Johns County- Not allowed in required front yard setback (generally 20 ft.)and no side or rear yard requirement. Jacksonville Beach- Not allowed in front yard setback(generally 20 ft.). Boats less than 20 ft. may be located in required front yard and no side yard requirement. Atlantic Beach- Must be located at least 15 from front property line- No side yard requirement. Please note that all the above jurisdictions have subdivisions with lots that are 50 ft. wide and have 20 ft. front yard setbacks. City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT AUGUST 12,2013 June 2013 Cash Balances Prior Current Dollar Percent Fund(s) 05/31/13 06/30/13 Change Change General $7,042,393 $6,908,012 ($134,380) -1.91% Tree Replacement 6,493 6,493 0 0.00% Convention Development Tax 74,105 64,287 (9,817) -13.25% Local Option Gas Tax 227,789 246,695 18,906 8.30% Better Jax 1/2 Cent Sales Tax 292,832 313,112 20,280 6.93% Police Training, Forfeiture, Grants,etc. 160,508 151,569 (8,939) -5.57% Community Development Block&ARRA Grants 190,275 190,275 0 0.00% Debt Service 50,702 55,482 4,780 9.43% Capital Projects 2,783,038 2,727,353 (55,685) -2.00% Utility 4,918,672 5,092,158 173,486 3.53% Sanitation 716,855 701,924 (14,931) -2.08% Building Code Enforcement 98,393 99,598 1,205 1.22% Storm Water 1,560,168 1,566,469 6,302 0.40% Pension-Police 877 (6,998) (7,875) -897.63% Pension-General 381,663 405,550 23,887 6.26% Total $18,504,762 $18,521,980 $17,218 0.09% Total Restricted Cash $8,142,259 Total Unrestricted Cash $10,379,721 Cash and Investments Annual Prior Current Dollar Percent Account Yield 05/31/13 06/30/13 Change Change Bank of America-Depository N/A $2,633,068 $3,022,076 $389,009 14.77% Guggenheim Floating Rate A 5.21% * 1,001,230 993,861 (7,369) -0.74% Invesco floating Rate A 4.06% * 989,520 981,927 (7,593) -0.77% Loomis Investment Grade Bond A 3.08% * 1,534,978 1,486,397 (48,581) -3.16% Lord Abbett Income A 3.53% * 1,521,270 1,475,630 (45,640) -3.00% Delaware Diversified Income Fund 2.31% * 1,684,266 1,636,586 (47,680) -2.83% Lord Abbett Short Duration Fund 2.17% * 1,017,614 1,007,395 (10,219) -1.00% Invesco Corporate Bond A 2.40% * 1,883,521 1,826,368 (57,153) -3.03% Pioneer Strategic Income A 3.37% * 1,925,319 1,875,753 (49,566) -2.57% Legg Mason WA Cash Reserve Fund N/A 1,001,554 1,001,616 62 0.01% Nuveen Total Return Bond Fund A 3.88% * 1,997,230 1,934,784 (62,446) -3.13% MFS Bond Fund A 1.36% * 1,309,496 1,273,888 (35,608) -2.72% MSSB Money Market/Cash 0.00% 2,206 2,206 0 0.00% SBA-Florida Prime 0.00% * 341 341 0 0.00% Cash on Hand 0.00% 3,150 3,150 0 0.00% Subtotal 18,504,762 18,521,980 17,218 0.09% Police Pension Investments 7,430,786 7,333,784 (97,002) -1.31% General Pension Investments 13,173,805 13,009,016 (164,790) -1.25% Subtotal 20,604,591 20,342,799 (261,792) -1.27% Total $39,109,353 $38,864,779 ($244,574) -0.63% * Denotes the 30 day SEC Yield Anualized City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT AUGUST 12,2013 June 2013 Revenues Annual YTD -75% YTD Dollar Percent Fund / (Footnote) Estimate of Estimate Actual Variance Variance General(1) $11,102,740 $8,327,055 $9,097,469 $770,414 9.25% Convention Development Tax 70,000 52,500 60,876 8,376 15.96% Local Option Gas Tax 433,655 325,241 308,061 (17,180) -5.28% Better Jax 1/2 Ct Sales Tax 657,738 493,304 498,653 5,350 1.08% Police Training, Forfeiture& Grants, etc. 112,645 84,484 85,342 858 1.02% Grants-(3) 108,866 81,650 240,556 158,907 194.62% Debt Service 71,900 53,925 52,159 (1,766) -3.27% Capital Projects 5,000 3,750 (51,513) (55,263) -1473.68% Utility-(4) 8,610,929 6,458,197 6,103,434 (354,763) -5.49% Sanitation 1,814,950 1,361,213 1,335,516 (25,696) -1.89% Building Code Enforcement-(5) 282,600 211,950 221,276 9,326 4.40% Storm Water 1,097,430 823,073 799,889 (23,183) -2.82% Pension- Police(2) 1,233,745 925,309 631,633 (293,676) -31.74% Pension- General (2) 2,174,392 1,630,794 1,287,409 (343,385) -21.06% Total $27,776,590 $20,832,443 $20,670,762 ($161,681) -0.78% Analysis of Major Variances In general, the major variances are the same as reported in the previous month. Throughout all funds, the variances include a reversal of recent gains in investment earnings year to date due to the sharp decrease in the fixed income bond market. Most other revenue categories are near budget estimates. (1)The positive variance in the General Fund is again mostly a result of having received property taxes early in the year. The bulk of the receipts came in December as expected. Also contributing to the large variance is the receipt of the donation for the land purchase. (2) The $293,676 negative variance in the Police Employee Pension Fund & the $343,385 negative variance in the General Employee Pension Fund resulted from reductions in market values of the investments instead of the assumed increase amount. (3) Grant revenues are higher than the budget because C.D.B.G. and F.E.M.A. Wind retro-fit grant proceeds related to last year's grant expenditures were received this year. (4) Utility sales were well under budget for Year to Date through June for both Water and Sewer. Base charges are below budget by about 7% and 2% and volume sales are below projections by about 14% in water and 7% in sewer. These are partially off-set by the receipt of a rebate from electric energy savings from JEA of $142,066. Water and sewer volume sales should increase over the summer months. (5) Building Permit fee revenues continue to run about 6% above projections. City of Atlantic Beach AGENDA ITEM#4A FINANCIAL REPORT AUGUST 12,2013 June 2013 Expenses Annual YTD -75% YTD Dollar Percent Department/(Footnote) Estimate of Estimate Actual Variance Variance Governing Body $42,645 $31,984 $30,877 $1,107 3.46% City Administration(2) 2,470,544 1,852,908 1,734,268 118,640 6.40% General Government(2) 918,977 689,233 807,162 (117,929) -17.11% Planning and Building 448,160 336,120 301,838 34,282 10.20% Public Safety(1,5 ) 5,641,550 4,231,163 3,692,258 538,904 12.74% Recreation and Special Events 406,151 304,613 294,452 10,161 3.34% Public Works(3) 6,175,507 4,631,630 3,362,615 1,269,015 27.40% Public Utilities(4) 9,285,889 6,964,417 6,778,008 186,409 2.68% Pension-Police 653,056 489,792 521,806 (32,014) -6.54% Pension-General 789,485 592,114 639,306 (47,192) -7.97% Total $26,831,964 $20,123,973 $18,162,590 $1,961,383 Annual YTD -75% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personnel Services(5) $9,666,784 $7,250,088 $6,761,282 $488,806 6.74% Operating Expenses(2) 10,227,299 7,670,474 6,508,316 1,162,158 15.15% Capital Outlay(1)&(2) 3,089,015 2,316,761 1,446,740 870,021 37.55% Debt Service(4) 2,519,412 1,889,559 2,447,863 (558,304) -29.55% Transfers 1,329,454 997,091 998,389 (1,298) -0.13% Total $26,831,964 $20,123,973 $18,162,590 $1,961,383 Analysis of Major Variances In general, the major variances are the same as the previous month. They are as follows: (1)The positive variance in the Public Safety divisions is partly due to paying for the fire contract services quarterly to Jacksonville. This is about $249,000 per quarter. The Lifeguard expenses have just begun and the deferral of the budgeted expenditures on the Police Building add to that variance—see Project Activity Schedule. (2)The positive variance in City Administration results from various small amounts in Finance, City Clerk and IT for items not yet spent. The negative variance in General Government results from the purchase of land in November and in March totaling $328,665. Another part of this variance is the prepayment of Insurance at the beginning of the year. (3)The variance in the Public Works Department is due to various contracted service items not fully underway such as street paving and project activity budgeted that has not been completed. The department has spent about 15% of its project budget — see Project Activity Schedule. (4)The positive variance in Public Utilities results from paying the majority of the annual debt service payments and insurance early in the year creating a negative variance that by this report has been overcome by savings in personnel and operating expenses. Also lower than budgeted capital expenditures year to date has contributed to the positive variance. The department has spent approximately 43% of its project budget. (5)The positive variance in the Personnel Services results 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 June through September. These seasonal expenses are just now affecting the expenses to date numbers. City of Atlantic Beach FINANCIAL REPORT AGENDA ITEM#4A June 2013 AUGUST 12,2013 Project Activity - Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety Police Building Renovation/Design/Construction PS0504 60,000 177 59,823 DE $ 60,000 $ 177 $ 59,823 Public Utilities: TMDL-Lift Station/Main Transfer Flow PU0906 9,282 7,173 2,109 C TMDL Upgrade/Construction-WWTP#1 PU1106 88,762 84,280 4,482 C TMDL Sludge/Odor Improvements PU1110 15,591 15,591 0 C Water Main- 12th Street at Ocean Blvd/Beach Ave PU1204 36,962 34,121 2,841 C Water Main- 14th& 15th Street at Ocean Boulevard PU1205 201,657 190,620 11,037 C Reclaim Water Plant PU0805 188,115 8,140 179,975 Rehab of Interior of Tank#1 PU1301 41,500 41,500 I Recoat Both Ground Storage Tanks WP#3 PU1303 55,000 55,000 I Replace the Water Main on Pine Street PU1304 90,000 8,148 81,852 I Replace 4"Water?Main at Wonderwood and Finegan PU1305 180,000 16,321 163,679 I PT Repair at Lift Station C PU1306 40,000 40,000 I PT Repair at West 6th and Stock PU1307 55,000 19,891 35,109 C Repair 24" Effluent Force Main PU1308 86,000 86,000 I Repair 12"Force Main PU1309 56,000 56,000 I Replace Yard Pump PU1310 18,435 18,435 0 I Sewer Rehabilitation 2013 PU1311 202,300 189,669 12,631 C Subtotal $ 1,364,604 $ 592,389 $ 772,215 Public Works: Marsh Master Plan Signs PM1301 38,700 6,618 32,082 I Marsh Master Plan Project Design PM1303 34,000 26,090 7,910 E Rose Park Development PM1302 225,000 18,500 206,500 E Dutton Island Road Sidewalks PW 1301 79,064 79,064 E Sidewalk and Curb Replacements PW1302 10,000 6,041 3,959 I City Hall Parking Lot Lights PW1303 32,000 24,896 7,104 B Irregation Improvements Atlantic Blvd. PW 1304 4,600 4,600 0 C Sidewalk on West 9th Street PW 1305 33,000 25,669 7,331 C East Coast Drive Drainage Improvements PW 1306 360,000 6,527 353,473 E Subtotal $ 816,364 $ 118,941 $ 697,423 Total $2,240,968 $ 711,507 $1,529,462 Status Key A- Bid Advertised E - Design Phase B - Bid Awarded I - Project In-progress C- Project Completed N -Complete/Non-Capital D - Design Completed R- Re-budget Next Fiscal Year OR Re-Evaluated DE - Deferred X-Project Cancelled BUILDING DEPT. MONTHLY ACTIVITY REPORT COMPARISON REPORT REPORT FOR THE MONTH JUNE 2013 I _ COMPARISION 2012 - 2013 PERMIT TYPE NUMBER OF PERMITS TOTAL INSPECTIONS YTD 2012 YTD 2013 YTD 2012 YTD 2013 YTD 2012 YTD 2013 SINGLE FAMILY 12 8 $ 3,682,970.00 $1,269,300.00 DUPLEX 0 _ 0 $ - $0.00 REMODEL/ADDITIONS 146 147 $ 2,989,413.00 $1,845,798.00 COMMERCIAL NEW 0 0 $ - $ - OTHER 975 1134 $ 6,501,450.00 $ 4,584,764.00 TOTAL 1133 1289 $ 13,173,833.00 $7,699,862.00 2101 2561 PERMITS ISSUED FOR THE MONTH OF JUNE 2013 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED SINGLE FAMILY 2 $ 1,190.00 I $ 559,750.00 BUILDING 169 NEW DUPLEX MULTI FAM 0 $ - I $ - ELECTRICAL 80 RESIDENTIAL ADDITIONS j 14 $ 1,145.00 $ 73,878.00 PLUMBING 64 COMMERCIAL NEW 0 $ - $ - MECHANICAL 85 COMERCIAL ADDITIONS 0 $ - $ - MISC. 17 _ COMMERCIAL ALTERATIONS 2 $ 130.00 $ 5,300.00 PERMITS MISC 6 $ 680.00 $ - TOTAL 415 ELECTRICAL 31 $ 2,604.00 $ - MECHANICAL GAS 4 $ 375.00 $ - MECHANICAL HVAC 43 $ 4,391.00 $ - PLUMBING 25 $ 1,977.00 $ p __ ROOFING 14 $ 1,375.00 $ - WINDOW/DOOR 12 $ 840.00 $ - DEMOLITION 2 $ 200.00 $ - REINSPECTION FEES j 1 $ 55.00 $ - j PERMIT RENEWALS 0 $ - ; $ - OCCUPANCY INSPECTIONS 9 $ 900.00 $ - PENALTY FEES 1 I $ 130.00 $ - SIGNS 6 $ 440.00 $ - FENCES 10 $ 350.00 $ ! a DRIVEWAYS 7 $ 245.00 $ > c) WELL 3 $ 233.00 $ - c) z SIDING 6 $ 425.00 $ >. POOL 2 $ 400.00 $ - N - TOTAL 200 $ 18,085.00 j $ 638,928.00 , wa a AGENDA ITEM#4A AUGUST 12,2013 PREPARED 7/11/13, 15:02:44 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR ALL. YEARS BETWEEN: 06/01/13 TO 06/30/13 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION 13-00007691 ADESSA DESIGNERS 6/14/13 NEW COSMETOLOGY SALON 13-00007692 ADESSA DESIGNERS 6/14/13 NEW COSMETOLOGIST 13-00007693 ADESSA DESIGNERS 6/14/13 NEW COSMETOLOGIST 13-00007694 ADESSA DESIGNERS 6/14/13 NEW COSMETOLOGIST 13-00007695 ADESSA DESIGNERS 6/14/13 NEW COSMETOLOGIST 13-00007707 AMERICAN WELL & IRRIGATION,INC 6/06/13 NEW MISCELLANEOUS SALES, OTHER THAN LIST 13-00007710 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007711 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007712 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007713 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007714 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007715 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007716 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007717 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007719 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007720 ARM SECURITY, INC. 6/07/13 NEW SOLICITATION, DOOR TO DOOR 13-00007734 CUSTOM ADDICTION HYDROGRAPHICS 6/17/13 NEW SCREEN PRINTING 13-00007722 SALON PS FLORIDA LLC 6/10/13 NEW COSMETOLOGY SALON 13-00007723 SALON PS FLORIDA LLC 6/10/13 NEW COSMETOLOGY SALON 13-00007665 SCRUBS RESIDENTIAL AND COMMERC 6/06/13 NEW CLEANING/JANITORIAL/MAID SERVICE GRAND TOTALS NEW LICENSES AC: 17 PP: 3 IN: 0 • VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 20 AGENDA ITEM#4A AUGUST 12,2013 City of tlantic Beach, Fl. Utility Sales Report N4-44444445-N404444-444-PP244,P4P44444444N4NNNNP:44-4PNPwPp"r4444w-4-Pppwpp"---4-444pp4444-pp4NN444PN4-NPNPNNPP4PNPNPP-,NP4444-NNNNNPNNNNP44-"N-4PD I June 2013 U June 2012 r y am,5...�-; fr A....,. , „//"'"M„ a: ,' :W' " --_' .mow? 72 ... 33,� . -ri._-.,z..,- ..,::. r,k,,.- a Gallons Actual Revenue ' Gallons Actual Revenue Water Sales Accounts 0000 Revenue Per 1,000 gl Accounts 0000 Revenue Per 1,000 gi ' Atlantic Beach 1 5,627 39,124 $146,186 $3.74 5,630 44,237 $162,564 $3.671 Buccaneer • 2,473 16,148 $84,059 $5.21, 2,446 19,261 $98,866 $5.131 Total Water Sales 8,100 55,272 $230,245 $4.17 8,076 63,498 $261,430 $4.12 ...».. rw. ,.,-a.i.�„?", =°..` � , m:.�'-". %•.�"'.:.. ,.�..o... ,:.r°, .'r�� a,:-�- ✓�r,.��- .�-w,=�__-��~.�r,=r�s v-mom...._-..c--, Gallons Gallons I Water Plant Production 0000 0000 Atlantic Beach 59,267 48,316 Buccaneer 6,289 18,879 Total Production 65,556 67,195 I Total Water Billed 55,272 63,498 Water Loss for month: 1 10,284 'I 3,697 Az ra Percentage Loss 11 15.69% 5.50% 1 Total 12 mo.Avg. Loss 11.68% 15.89% .. - ti' ' _-f r -,z^' .r- . -- '-' ,. 9 mow... ,_:,.,:w.. ,_,.._._., • ,,..-,� 1 Gallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts 0000 Revenue Per 1,000 gl Accounts 0000 Revenue Per 1,000 gl II A Atlantic Beach 1 5,213 32,198 $242,820 $7.541 5,207 34,323 $251,594 $7.33 1 Buccaneer 2,364 18,118 $173,829 $9.591 2,344 21,321 $194,471 $912 Total Sewer Sales 7,577 50,316 $416,649 $8.28 7,551 55,644 $446,065 $8.02 4 1 4--AAA IIA ".:'AA AA '" '_e s=%.A=-rc,�. ,...... IA ,.,ter:AAAI,:AI °'� ._.r ...,a%.% ,.,_ r, .A 1 Gallons Actual Revenue Gallons Actual Revenue 0 Sewer Treatment 0000 Revenue Per 1,000 gl 0000 Revenue Per 1,000 gl r Atlantic Beach 54.576 $416,649 $7.63, 51.418 $251,594 $4.89 1 17.953 $194,471 $10.83 I Total Sewer Treated A 54.576 $416,649 $7.63 69.371 $446,065 $6 43 ot, NI AGENDA ITEM#4B AUGUST 12.2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: List of property to be declared surplus SUBMITTED BY: Nelson Van Liere, Finance Director c1 DATE: July 16, 2013 BACKGROUND Over time, the City accumulates various properties that lose their usefulness due to deterioration or obsolescence. Only items deemed truly of no use to the City are on this list. These assets were either not operational, have been deemed no longer cost-effective to repair, or were received through forfeiture. The vehicles will be sold via on-line auction. BUDGET: There is no budget for this action RECOMMENDATION: Declare this list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. ATTACHMENTS: List of property to be declared surplus REVIEWED BY CITY MANAGER: AGENDA ITEM#4B CITY OF ATLANTIC BEACH AUGUST 12,2013 SURPLUS PROPERTY LIST AS OF JULY 16, 2013 DEPARTMENT DESCRIPTION OF ITEM SERIALNIN # General Government 2001 Dodge Van 250 2B7JB21 YX1 K517577 Public Safety 2005 Chevy Impala 2G1 WF55K959251010 Public Safety 2006 Ford Crown Victoria 2FAFP71 W76X134974 Public Safety 2009 Husqvarna Motorcycle ZKHLBEHK79V402380 Public Works 1997 Chevy Van 1GNDM19W5VB168366 Public Works 2001 Menzi Muck A-51 Mobile Walking Excavator 5110004683 Public Works 1993 Case K580 Backhoe/Tractor/Loader JJG0174665 Public Works Scotchlite Heat Lamp Applicator N/A Public Utilities Roll on Roll off Container- 22 CY Info Technology Sevin C4540 Copier L9066820388 Info Technology Dell PowerVault 745 H18X261 Info Technology Gateway Solo Laptop 0015299166 Info Technology HP IPAQ H3850 1 AGENDA ITEM#7A AUGUST 12,2013 ORDINANCE NUMBER 90-13-218 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.06 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM COMMERCIAL GENERAL (CG) TO PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN FACILITIES THEREIN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the Fleet Landing Planned Unit Development modification enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land; protect and conserve the value of property; prevent the overcrowding of land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and serve to establish consistency with the Comprehensive Plan, and WHEREAS, after required notice was published, a public hearing was held by the Community Development Board on the 21st day of May 2013 at 6:00 p.m. Introduction and first reading of the proposed Ordinance by the City Commission was held on the 8th day of July 2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on the 12th day of August 2013 at 6:30 p.m. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1. That, as requested by Foley & Lardner, LLP, as authorized by Naval Continuing Care Retirement Foundation Inc, the title owner of record as identified in the application (File Number REZ-13-00100052) along with supporting documents for the Planned Unit Development modification for inclusion of an additional 2.06 acres and Ordinance No. 90-13-218/Page 1 of 4 AGENDA ITEM#7A AUGUST 12,2013 the zoning change of said 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for relocation of certain facilities therein, submitted to the City of Atlantic Beach, Florida on April 15, 2013 hereinafter known as the Fleet Landing Planned Unit Development (PUD) modification application, which is attached to and made part of this Ordinance, the zoning classification of lands as described by legal description within Exhibit A is hereby changed to Planned Unit Development. SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the Fleet Landing Planned Unit Development modification application and exhibits, as attached to this Ordinance, first filed April 15, 2013, and other supporting documents, which are a part of File Number REZ-13-00100052, and incorporated by reference into and made part of this Ordinance. In case of conflict between the application, the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 3. Special Condition: Development within this Planned Unit Development shall be similar to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within the Planned Unit Development modification application,which are made part of this Planned Unit Development Ordinance. SECTION 4. Findings of Fact: The need and justification for approval of the Fleet Landing PUD modification have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision and Land Development Regulations and, whereby it is found that: 1. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for the relocation of certain facilities therein, has been fully considered following a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. 2. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for the relocation of certain facilities therein, is consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands as described within this application as Residential, Medium Density and Commercial. 3. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Ordinance No. 90-13-218/Page 2 of 4 AGENDA ITEM#7A AUGUST 12,2013 Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for relocation of certain facilities therein, is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this Planned Unit Development modification has consisted of previous uses defined by the Land Development Regulations as residential and commercial, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. 4. This Planned Unit Development modification does not adversely affect the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within the Comprehensive Plan. 5. This request for Planned Unit Development modification for inclusion of an additional 2.06 acres and zoning change of said additional 2.06 acres from Commercial General (CG) to Planned Unit Development (PUD), and modification of the approved site development plan for relocation of certain facilities therein, is consistent with the Land Development Regulations, specifically Article III, Division 6, establishing standards for modifications to previously approved Planned Unit Developments. The revised site development plan submitted depicts the same or fewer total number of dwelling units; the open space is in the same general location and in the same general amount; and the roads and drives follow approximately the same course. 6. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth within this Planned Unit Development modification, are consistent and compatible with surrounding development, and the proposed Planned Unit Development modification will not adversely affect the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. SECTION 5. To the extent they do not conflict with the unique specific provisions of this Planned Unit Development, all provisions of the Land Development Regulations, as such may be amended from time to time, shall be applicable to this development; except that modifications to this Planned Unit Development by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any provision of this Ordinance, no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 6. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the Ordinance No. 90-13-218/Page 3 of 4 AGENDA ITEM#7A AUGUST 12,2013 City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading by the City Commission of the City of Atlantic Beach this 8th day of July 2013. Passed and enacted, upon final reading and public hearing and adoption this 12th day of August 2013. Mike Borno Mayor/Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Effective Date: Ordinance No. 90-13-218/Page 4 of 4 AGENDA ITEM#7A AUGUST I2,2013 ORDINANCE 90-13-218 EXHIBT "A" LEGAL DESCRIPTION PART OF LOT 1, DIVISION 3 AND LOT 1, DIVISION 4, ANDREW DEWEES GRANT, SECTION 37, AS RECORDED IN DEED BOOK "AG", PAGES 212 AND 213 OF THE FORMER PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, TOGETHER WITH A PART OF SECTION 5, TOGETHER WITH A PART OF GOVERNMENT LOTS 1, 2, 7, AND 8, SECTION 8, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, ALSO BEING A PART OF SATURIBA DRIVE (A 100 FOOT RIGHT-OF-WAY, AS PER OFFICIAL RECORDS VOLUME 1, PAGE 338) CLOSED AND ABANDONED BY THE CITY OF JACKSONVILLE ORDINANCE NO. 72-221-92, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERNCE, COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS, AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID CORNER ALSO LYING ON THE EAST RIGHT-OF-WAY LINE OF MAYPORT ROAD (ALSO KNOWN AS STATE ROAD NO. A-1-A AND NO. 101, A 100 FOOT RIGHT-OF-WAY AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY MAP, SECTION NO. 72230-(2901)2503, DATED MARCH 7, 1986); THENCE NORTH 01°42'10" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 806.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01°42'10" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 182.00 FEET; THENCE NORTH 88°17'50" EAST, DEPARTING SAID EAST RIGHT- OF-WAY LINE, A DISTANCE OF 250.00 FEET; THENCE SOUTH 01°42'10" EAST, A DISTANCE OF 8.00 FEET; THENCE NORTH 88°17'50" EAST, A DISTANCE OF 220.67 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING DRAINAGE CANAL; THENCE NORTH 23°09'59" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 619.26 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF- WAY LINE OF FLEET LANDING BOULEVARD (FORMERLY KNOWN AS ASSISI LANE, A 60 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED); THENCE NORTH 88°17'50" EAST, DEPARTING SAID CENTERLINE AND ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 63.29 FEEL; THENCE NORTH 01°42'10" WEST, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ORDINANCE NO.90-13-218—EXHIBIT A Page 1 of 3 AGENDA ITEM#7A AUGUST 12,2013 SAID FLEET LANDING BOULEVARD; THENCE SOUTH 88°17'50" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 93.62 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EXISTING DRAINAGE DITCH; THENCE ALONG SAID EXISTING DRAINAGE DITCH THE FOLLOWING THREE (3) COURSES AND DISTANCES: COURSE NO. 1: NORTH 06°43'02" WEST, A DISTANCE OF 186.24 FEET; COURSE NO. 2: NORTH 14°00'17" WEST, A DISTANCE OF 150.06 FEET; COURSE NO. 3: NORTH 12°23'20" WEST, A DISTANCE OF 140.33 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 8; THENCE SOUTH 89°23'12" WEST, DEPARTING SAID CENTERLINE AND ALONG THE NORTH LINE OF SAID SECTION 8,A DISTANCE OF 90 FEET MORE OR LESS, TO AN INTERSECTION WITH THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF MAYPORT ROAD, SAID POINT LYING IN A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 5679.58 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 179.79 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY LINE OF THE CITY OF ATLANTIC BEACH; THENCE SOUTH 85°26'41" EAST, DEPARTING SAID EAST RIGHT-OF-WAY LINE AND ALONG THE NORTH LINE OF SAID CITY OF ATLANTIC BEACH, A DISTANCE OF 1089.51 FEET; THENCE SOUTH 09°53'10" WEST, DEPARTING SAID NORTH LINE OF THE CITY OF ATLANTIC BEACH, A DISTANCE OF 81.49 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED NORTH LINE OF SECTION 8; THENCE NORTH 89°22'24" EAST, ALONG SAID NORTH LINE OF SAID SECTION 8,A DISTANCE OF 182.48 FEET; THENCE SOUTH 01°08'25" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 114.58 FEET; THENCE NORTH 85°53'39" EAST, A DISTANCE OF 753.58 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SELVA MARINA DRIVE (ALSO KNOWN AS COUNTY ROAD NO. 551 AND FORMERLY KNOWN AS OLD SHERRY DRIVE, A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE SOUTH 03°59'29" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 890.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2914.79 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WEST RIGHT-OF- WAY LINE, AN ARC DISTANCE OF 640.60 FEET AND A CHORD BEARING OF SOUTH 10°20'32" EAST, A DISTANCE OF 639.31 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 16°58'17" EAST, A DISTANCE OF 126.67 FEET TO THE NORTHEAST CORNER OF SEVILLA GARDENS UNIT ONE, AS RECORDED IN PLAT BOOK 45, PAGES 6 AND 6A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH 89°42'26" WEST, ALONG THE NORTH LINE OF SAID SEVILLA GARDENS UNIT ONE AND ALSO ALONG THE NORTH LINE OF SEVILLA GARDENS UNIT TWO, AS RECORDED IN PLAT BOOK ORDINANCE NO.90-13-218—EXHIBIT A Page 2 of 3 AGENDA ITEM#7A AUGUST 12,2013 45, PAGES 7 AND 7A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 1038.61 FEET; THENCE SOUTH 51°26'02" WEST, ALONG THE NORTHWEST LINE OF SAID SEVILLA GARDENS UNIT TWO AND THE SOUTHWESTERLY PROLONGATION THEREOF, A DISTANCE OF 555 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE CENTERLINE OF THE AFOREMENTIONED EXISTING DRAINAGE CANAL; THENCE NORTH 17°02'15" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 279.68 FEET; THENCE NORTH 17°50'31" WEST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 527.15 FEET; THENCE SOUTH 88°17'50" WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 538.96 FEET TO THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF MAYPORT ROAD AND THE POINT OF BEGINNING. ORDINANCE NO. 90-13-218—EXHIBIT A Page 3 of 3 AGENDA ITEM#7A AUGUST 12,2013 i y APPLICATION FOR 7APNINC MAP AMENDMENT for SPECIAL PLANNED AREA - or—PLANNED UNIT DEVELOPMENT City of Atlantic Beach • 800 Seminole Road •Atlantic Reach,Florida 32233-5445 Phone: (904)247-5800 • FAX (904)247-5805 • Ititp://www.cuab.us Date April 11, 2013 hilc No. Application No. 1. Applicant's Name Naval Continuing Care retirement Foundation Inc. (Fleet Landing) 2. Applicant's Address One Fleet Landing Boulevard, Atlantic Beach, Florida 32233 3. Property Location Intersection Mayport Road& Fleet Landing Blvd. 4. Property Appraiser's Real Estate Number 169397-0200& 169398-0100 5. Current Zoning Classification NB & CG 4. Comprehensive Plan i�uture Land Use Designation UM &CM 7. Requested Action PU® Modification to add additional acreage for relocation of maintenance facility, and development of a 24 bed memory care facility, (The Nancy House) 8, Size of Parcel 73 Acres 9. Utility Provider City of Atlantic Beach 10, Provide a textual narrative and a composite site plan,which demonstrates compliance with Article III, Division 6 or the City of Atlantic Beach Zoning,Subdivision and Land Development Regulations. The narrative,and any required attachments, should concisely address each of the provisions and requirements of Section 24-120 and should be provided in on order and format consistent with this Section. Please provide a cover page and a table of contents identifying each attachment to the application. 11. The following items must be submitted with the application: a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each properly owner on the list. Do not include a return address, Each envelope nest contain proper postage. The order of he covet!)ws must match the order in which the names a>>ear on the list. b. Proof ofownei hip(copy of deed or certificate by lawyer or abstract company or title company that verifies record owner as above). if the applicant is not the owner,a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must he provided, c. Required number of copies:five(5) Please submit ten(10)copies of any plans or attachments that are larger than 11 x 17 inches in size,or any other items that cannot he easily reproduced. d. Application Fee.(S500.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed name(s): Kam' Corbett and Foley & Lardner, LLP �•,i n •mot I.I=..ii`�,�f a'•,•b I,:Mr:yr Signature(s): ` ``� ADDRESS AND CONTACT INFORMATION Ole PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TillS APPLICATION Name: Komi Corbett mailing Address: 100 N.Tampa Street,Suite 2700,Tampa, FL 33602 Phoute: 613 225-4121 FAX; 813.221-4210 1.-nail:KCorbett@Foley.com AGENDA ITEM#7A AUGUST 12,2013 _ , ,_ _ _- OWNER'S AUTHORIZATION FOR AGENT � /� E-7y7- AND /wcE:y q LiiaDA4',e--_,L4TP is hereby authorized to act on behalf or 4/4 vitL ��14,L,4- (Are. deer/AO-WAIT§C.,,C144-M.,,,,'�1%42 the owner(s) or those lands described wiUhin \huuUuohuduyy|icu<iuo, ond8udoxcrihod |uihouttxu|uddcudo,oUhe,xuohp000fn[o\voomhipuumoy be required, in applying to the City or Atlantic Beach, Florida, for an application related to a Development l'crniit or othcr action pursuant to: Zoning Variance Iii Comprehensive Plan Amendment E Use-by-Oxucp||mn ID Zoning Map Amendment Ell Building Permit n Ph(, Repial or Lot Division Sign Permit n Tree Permit | | Other,___ BY: �-_� � � -_' —~_ Print yam /4 / �`°-v-^,/ --- - 7 � ^ )ic/ L/ _-- Print Name ` PC-ie. �4' Telephone Number State or y';c(«-/o'4 _~__~ . 7� C`��yn[_//emw+�� o&^� Signed and sworn kn�mm000 this�* /'v"v�day of;2O0 i/ ( 0 ]. BY ,1/�sCiIro \cXr�" 1��y: _ Identification verified: {` �t-"S=*+udj~/6 u'u4 0xUmmm' _ _er Yes No ed_,,,,,i2V.--)frOe___V- My C Commission#0V867O30 [ My Commission expires: Assn,i ^»X�xr ��w/m , AGENDA ITEM#7A AUGUST 12,2013 7FIA lat:dting PUD: 90-88-135 Minor Modification Dated April 12, 2013 REV: May 16, 2013 Naval Continuing care Retirement Foundation Inc. AGENDA ITEM#7A AUGUST 12,2013 Table of Contents a Written Description ® Exhibit A: Location Map ® Exhibit B: Land Use &Zoning Map ® Exhibit C: Master Development Modification Plan ® Exhibit D: Maintenance Development Plan ® Exhibit E: "The Nancy House" Development Plan AGENDA ITEM#7A AUGUST 12,2013 Written Description for Minor Modification PUD: 90-88-135 Dated June 17, 1988 as revised and adopted January 11, 1989 Amended Feb 26, 1990 Ord. 90-90-152 Project Location: See Exhibit A Description of Project: Fleet Landing is a full service continuing care facility providing variety independent living residential housing, assisted living care and skilled nursing care.The facility opened in 1990 and has been owned and operated by the Naval Continuing Care Retirement Foundation Inc. since that time. The facilities' land use designation is medium density and is zoned Planned Unit Development Ord. 90-88-135,See Exhibit B.The PUD ordinance 90-88-135 approved the 71 plus acre site for 324 residential units and 88 beds with a density of 4.6 units per acre. The facilities' as-built condition included 320 residential units and 80 beds; leaving an approved unit-bed surplus of 4 residential units and 8 beds. Description of Proposed Modification:The applicant request to modify the PUD to add addition acreage, relocate the maintenance facility, reduce the skilled nursing beds by 16 beds and construct a new 24 bed memory care facility (Alzheimer's Ward)for an increase of 8 beds, for a total of 88 beds.The proposed modification, Exhibit C, includes the following items: 1. Additional of 2.06 Acres, RE# 169398-0100,to be utilized for the relocation of the Maintenance Facility and future expansion or office space. See Exhibit D 2. Reduction of the Existing Health Center (Skilled Nursing) by 16 beds to accommodate remodeling to increase nursing bedroom sizes. 3. Construction of New 24 bed Memory Care Facility,to be known as "The Nancy House",to be located in place of the existing maintenance facility site. See Exhibit E The chart provided below depicts the approved PUD units and beds, as-built units and beds, and proposed modification units and beds. Units in COAB Area & Density n 1 1z) - � PUD AS-Built PUD MOD PUD Residential Units I Area 71.06 Live.Apts 164 164 „ Density 4.52 Ind. Live. Patio Homes 134 126 Ind. Live.SFD Homes 26 30 ( PUD MOD Add 2.06 AC Sub Total 324 ,`:320 - Area 73.12 Beds 88 80 Density 4.37 t NANCY HOUSE � � N �� .� -� Total (Comparison) 412 400' , =r AGENDA ITEM#7A AUGUST 12,2013 The proposed modification will not increase the quantity of approved PUD residential units, beds, density, or modify the open space. Development Standards:The development standards for the modification, including building setbacks, building heights, parking, buffers and impervious coverage shall be per section 24-111 of the Atlantic Beach Code of Ordinances, with the following modifications: 1. Property uses are restricted to those shown on the Site Development Plans (Exhibits C & D) 2. Maintenance facility will include exterior storage of Fleet landing maintenance vehicles and community golf carts that are not considered commercial outdoor storage. Development Schedule:The development is proposed to be completed within 10 years and may be completed in phases. Successors&Assignments:The owners agree to bind their successors in title to those condition contained within the amended PUD. Maintenance: Operation and maintenance of the facilities will be the responsibility of the owner. List of Exhibits: 1. Exhibit A: Location Maps 2. Exhibit B: Land Use &Zoning Maps 3. Exhibit C: Master Development Plan Modification 4. Exhibit D: Site Development Plan: Maintenance Facility 5. Exhibit E: Site Development Plan:The Nancy House End Written Description AGENDA ITEM#7A AUGUST 12,2013 Fleet in Location Map PUD Modification Exhibit A . r.,.. a - (4c4-,v,i' 1,4!1:17,!:'!11 it,: titan Gcor9lo Nn,nnu Flo da 8 ;- 295'" sue+ /�!R �4,,; ,, ..'' 95 . City of Jacksonville s ;,, a is -11 CDtip L • Fort. `I ,;; r �( t Yi9 �ar - �rio 95 eill f VV. 11 CRyofOaldwln �� Property Location 9A 95' 10% ;9;1'4555 St.InMa F1nePA• Vicinity Map Y ', 7 t 1 r s Appioxirnatc Boundary -ii-„„...,. /.tA l i S `,'ti(la`y } f 4rr_xptLll�iT _ �� 121 wr , ,,,, .:,. - `i, �1 l ,. R c Jackyonvill t J i E 4tEaNMAIy i A lantic Beach Si } 791xA'1fi'FI AF.. n =Y 1 9 j ` -=Rf n aa. h 14 11 II lfifi:iilC—. - Fleet G g 1 R _ -4 r �� 3 t rptK 1 4�' '1 Landing , a . ; ; ,? ; i � . 7' �, inn,i.-... -�-- ,-' � {� I . o I a �, ' � = '��, _ it Property,Addition , t° i - ;_f €. 7141.1 MAY>m ... { <�.f i 2 , _ 1srH��rt r ! f n•�fa- 2 G ' a i �+ M R a 3 _ E Y i i1 Area Map Prepared By: Naval Continuing Care Retirement Foundation Inc Aril 12, 2013 AGENDA ITEM#7A AUGUST 12,2013 Fleet Landing Land Use & Zoning PUD Modification Exhibit B } v LAND USE DESIGNATIONS F iOe L ; � _ 't --1.2."\, RESIDENTIAL DEVELOPMENT AREAS i J � _ —i Residential Low Density(RL) Landing , .. ,� )� C 7 lip to sh(e)dwelling peracre. { -,--7, _ f Realdent)al Medium Denetty(RM) 7' 1 � . it , ,.I ' Seven(7)to fourteen(14)dwethng ants per acre. , =- G eatde tta High D nstty(RH) `• .•' �p � R n l e 'f''-.� FHleen((5)to hvenly(20 dHelin units per acre. t_7t {�� y � - 14 _ NON-RESIDENTIAL DEVELOPMENT AREAS R f-_ J Commerdal(CM) ( � l P2 Central Business District(CBD) � �•_. - ' ;"' Light industrial(LA) ., < v . ) Publld3erru-Public(P/S ) 4, ft f• �% P Recreation/Open Space(R/0) Property s�� i:: l Eli ii Conservarien(CON) r ti�F . r_ Ill all Mill ddition f i ''...t:, J t 7. e-1-t- i l ,q Coastal Construction Control Line(CCCL)•-PISP n %tRL - . i ..e" �.<L5 yi" , ., t 1- 11111 1- girl II vim } =` .RM Li U �.P ,rV- I— i C Existing Land Use • L t Zoning Districts ff l, Fleet 1 ,ii ` �'' - E PA CBD Central Business District Y n��n CO Coinrnercial,General La n d I n g - :r I- CL Cornrnerdnl,Limited `- , CPO C i •ci Professional f e' . c) }-- SPD Special Purpose0�ce Li Dt _s LIW LigAtfndustriat&Nraehotrsing `_"_. ,r- ^-- PUD Planned Unit Development - SPA Special PlaniedAreo 111 — y - i._ CO-� � �; � CON Conservation Mi RS-L Residential,Single-PpnNty,Large Lots RS-1 Residentlal,Single-Family Property y 5 RS-2 Residential,Sigle-Family Addition ERG Resideirtiai,General,Tlvo•Pdtndy 1 i I =' RG-M Residential,Genernl,Multi-Family sot Existing Zoning Prepared By: Naval Continuing Care Retirement Foundation Inc. Aril 12,2013 AGENDA ITEM#7A AUGUST 12,2013 Fleet Landing Master Development Plan Modifications PU Modification Exhibit C 1 �g a , d ::,...1:::;:::::: I Mu.I'I''n'�ull 1t�1«,:u°'ul °"4r� 1 r I F ' ,rid `' Iji':�In ;� 1 '« 1 a ili Ia 11119 u i„ul gllu'N y IA a 1:, r1 F F l H n 11. I al`'� >u� � ....�� �� � �1��'�� �kI I r l rf udr FIti 1„ Nl �II yy m al 11ry�aI� a{I I �a I N yAI �r F°n 1R` II:F rry'll °"rh ky IL' ', ��..1 `� II�'11 ..... J ai I i 1 1,� io-... w° w a g e dl P.',,,�. 'Y,,' ILE Mothfi ti ` ! a I r :.::" 91 l le �"a t I 111 N 11 I I I I a lul: I I I , t II r al r F 1 y#�, r Ark �' ,la% ..::I I " 1 FE:�I1 9p1 , $ . :' 1 aU l y1W 1 a) Y a 1� :!� od�i t�o- m j .� .h'.'1: G : Y b III �� �k tro e6 � 1:� Care tt h a k ( :, I lu iu� � I I li d �I I1�M M� 1 q �� :.!. a A E�� �.�� �rl I IR ! I I I I( 1111��1 � �. 6 11 F' ...a Ir I 'yaa.,il AN �I �i�, � e � '� Y. �'Gh�6 r d � IGr hI.h I' G� �'h � r � s ... 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II �1Iy114r�i a 1......_!r uC..-.al 1 a 1 I 1� I 1 11 :f: .�:il .fm ...0 a� ! F r��� hw(� : �.::' �� Ih r � ��Fm ........�..ppI II1 h..::Wn�1�.. I.........�. r � ........�I N roY ale: r ,1.1•I �9 Y I� .. Proposed 2013 P u—.. Modif cati ,i u • Add 2.06 Acres to PUD • Construct New Maintenance Facility (see Exhibit D) Prepared By: Naval Continuing Care Retirement Foundation Inc. April 12, 2013 AGENDA ITEM#7A AUGUST 12,2013 Fleet Landing Maintenance Facility Development Plan PUD Modification Exhibit D Adjacent Property ■\ g Existin Commercial Fleet Landing Land Use&Zoning \ 100'Mayport Road Line Commercial Corridor °� a I 11 I f" (Ord.24471) o�..rrre;aF!� �s o \ \ \ , Property Line "�, o�r11° \ \ r' RE:16939&0100 1� ® 1 I ` \ J L turf$17 207.' I \ \ \(MdaIAea0e) Vi WNW -- r 10 slaesemack �/ ` c, Existing _ j. , -r —1Qater�aTSiora,ityyf \ ,. /� i tag ,-o .- Fleet Landing•— \\ z \'Aii Residential Uses) Q I€ y Maintenance Expansion 's[l-.. c Y z 11: I Retention \1� U'' }'2r .:o n1 i �� Pond Q \ \ Q a o \\ V 7 ¢' . III_�� andscapelslands _ _. i� its __"�--'\r \ - -- `- 10•Side Setback - _ a r _ Drainage E 'dment qa 17'50^`,,u 538...s' -----,- •. \ 10 Truck Delivery Maintenance Facility Building \ with Open Golf Cart Storage \ ®G Adjacent Property � � Commercial NORTH Land Use&Zoning 0 25 50 SCALE:1° Prepared By:Naval Continuing Care Retirement Foundation Inc. April 12,2013 AGENDA ITEM#7A AUGUST 12,2013 Fleet Landing The Nancy House Development Plan PUD Modification (24 Bed-Memory Care Facility) Exhibit is 1 1 \ \ Reconfigured Parking Area Existing Storm Pond t - ' Sidewalks r 1 Eidsting \ '. u e Fleet Landing ' I `• t Facilities (Grey Color) < \. ,® -r—s_s-L- ` 3 i Modified Health Center Drop Off Existing Utility L---� H ' The Health Center rN \`/ / (Existing Skilled Nursing) The Nancy House I Adjacent Property tt m (24$eds, ax Ht 35) \Y^, Commercial , < �� Land Use&Zoning .w 4 < t e la r r (Building Separation;12') r' - i The Nancy House&Annex Drop Off ti Cross Walks J- 1 r .1II. o i 1 Existing Service Area Property Line ' . Annex (Minimum Side Setback 10') •,L;.110 ,., �(ExisOng Ciubhouse)1 U P V • a (5 ii Pedestrian Circulation. \ pAt• NORTH t 0 25 50 SCALE:1'=50' Prepared By:Naval Continuing Care Retirement Foundation Inc. April 12,2013 AGENDA ITEM#7B AUGUST 12,2013 ORDINANCE NO. 65-13-38 AN ORDINANCE OF T CITY OF ATLANTIC BEACH, FLORIDA, FOR PARTIAL ROAD CLOSURE OF ORCHID STREET, A PLATTED STREET WITHIN THE CITY OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 18,PAGE 34,AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain improvements are being made to Rose Park, which is located in the City of Atlantic Beach, and portions of Rose Park are located on both sides of Orchid Street, and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents and in the interest of the general public welfare to close that portion of Orchid Street as shown on Exhibit"A" attached hereto, and WHEREAS, that portion of Orchid Street to be closed should be incorporated in and become a part of Rose Park, and WHEREAS, the closing of this portion of Orchid Street does not invade or violate any individual property rights and does not interfere with access to anyone's property, and WHEREAS, the City is not vacating or abandoning any portion of the Orchid Street right of way, but only closing that portion of Orchid Street shown on Exhibit"A" attached hereto so that it can be incorporated into Rose Park, and WHEREAS, the City has the authority to close a portion of Orchid Street under the municipal home rule powers granted to it by Chapter 166, Florida Statutes, and pursuant to Sections 4 and 9 of the Atlantic Beach Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1: That a portion of Orchid Street, as shown on Exhibit"A" attached hereto, be permanently closed to through traffic. The portion of Orchid Street being closed is more particularly described as follows: "That portion of Orchid Street north of West Plaza Drive contained within the following: From the point of beginning at the southwest corner of Lot 6, Block 59, Section H, Plat Book 18, page 34, proceeding north along the eastern right of way line of Orchid Street to the northwest corner of Lot 6, Block 59; thence southwest to the southeast corner of Lot 6, Block 235; thence south along the western right of way line of Orchid Street to the edge of pavement of West Plaza Drive; thence along the West Plaza Drive edge of pavement to the eastern right of way line of Orchid Street as extended to the West Plaza Drive edge of pavement; thence along the eastern right of way line of Orchid Street to the point of beginning" AGENDA ITEM#7B AUGUST 12,2013 SECTION 2: The closed portion of Orchid Street described in Section 1 above shall be incorporated in and become a part of Rose Park. SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 8th day of July 2013. PASSED by the City Commission on second and final reading this day of , 2013. ATTEST: DONNA L. BARTLE LOUIS BORNO,JR. City Clerk Mayor,Presiding Officer Approved as to form and correctness: ALAN C.JENSEN,ESQUIRE City Attorney — AUGUST 11127',M2 013 CON 1 STONY FRAME /k. q ./' e a •' a sue' ti x h{�3 J ; /' 4y .7)./ .s.r LLQ0. RESIDENCE #1305 " BLOCK 235 f ! _ /t* �4F•�6i " R r 1/ :-,,:v ii LOT fi 1 f }° # AT 1� �Ci ! / 1 r✓ B f .� f a ON`s q� 5" OAK _°: b S x` k. I k ' , 1 1gy✓ DEL;Yf * >1J�� .- ---=; SRE. ... f '' '. * _ x" J /if-/...,,,,i : ' + .*'r F T T T 4 , . 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Aga /���yh , J r I`•°`5 47 P 1 SAO AREA OA- r ,� /arf SECTION 'H' ATLANTIC IC BEACH W/ PL YGROUNC TR y BOOK 18 PAGE 4 UIPMENT AA,\ �,. A AGENDA ITEM#7C AUGUST 12,2013 ORDINANCE NO. 80-13-83 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,AMENDING CHAPTER 22 UTILITIES, TO ADD ARTICLE V, RECLAIMED WATER SYSTEM, TO INCLUDE DEFINITIONS, PURPOSE, PUBLIC POLICY, AND BENEFITS, RELATIONSHIP TO OTHER LAWS, CONNECTION REQUIRED, DESIGN, CONSTRUCTION AND OWNERSHIP OF NEW RECLAIMED WATER FACILITIES, USE OF RECLAIMED WATER, CROSS CONNECTION CONTROL, UNAUTHORIZED WORK ON RECLAIMED WATER FACILITIES, INSPECTIONS, RESTRICTIONS ON USE OF WELLS, DISCONTINUANCE OF SERVICE, CITY'S RIGHT TO REFUSE SERVICE, CITY NOT LIABLE FOR INTERRUPTIONS IN SERVICE, BILLING AND COLLECTION OF FEES,AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended by adding a new article to Chapter 22, which article shall read as follows: "ARTICLE V. RECLAIMED WATER SYSTEM Sec. 22-350. Definitions. Whenever used in this article, the following words and terms shall have the following meanings: Applicant shall mean a potential customer or developer or an authorized agent of a potential customer or developer. Backflow prevention device means a device designed to prevent contamination of the potable water system from any other piping system such as the reclaimed water system, as described in Section 22-43. Cross-connection means any physical connection or arrangement which would allow the transfer of fluids, including waters, between the city's potable water supply and distribution system, the reclaimed water supply and distribution system or any other nonpotable water source, as detailed in Section 22-42. Customer means the actual user of the reclaimed water. Director of public utilities (also referred to as the director) means the individual responsible for the technical and operational activities of the public utilities department of the city. Discontinuation of service means cessation of a service or an appropriate method to ensure that no service can be received. AGENDA ITEM#7C AUGUST 12,2013 District means St. Johns River Water Management District. Dual distribution system means a two-component water distribution system designed to serve an area. One component delivers potable water for drinking, cooking, bathing and other uses requiring potable water. The other component delivers reclaimed water for irrigation and other uses not requiring potable water. While these two systems may parallel one another and both may serve a property,there is no interconnection and their separation is strictly defined and carefully monitored. FAC means Florida Administrative Code. FDEP means the Florida Department of Environmental Protection, or its successor in function. Irrigation system means the customer's in-ground piped system which delivers water to spray or drip-type irrigation devices located throughout the property. Reclaimed water means effluent from city-owned and operated wastewater treatment plants, which effluent has been treated to standards in compliance with the requirements of the FDEP. Reclaimed water charges means all other charges relating to providing or discontinuing reclaimed water service. Reclaimed water rates means the monthly charges for reclaimed water service, which have been established by and may be changed by ordinance of the City Commission. Reclaimed water reuse system means those reclaimed water distribution mains, lines, fittings, valves, and appurtenances installed in public right-of-way or utility easements, which are owned by the city. Reuse means the deliberate application of reclaimed water, in compliance with FDEP and District rules, for a beneficial purpose. Service line means that conduit for reclaimed water from the distribution main to the customers' meters. Sec. 22-351. Purpose, Public Policy and Benefits. The purpose of this article is to create a reclaimed water reuse program for the city's water and sewer service area; to encourage the use of reclaimed water in lieu of potable water, groundwater or surface waters in suitable applications; to curtail the discharge of treated effluent from the wastewater treatment plant to surface waters; and to protect the health and safety of the community and users of the potable water system by promoting proper use and operation of a reclaimed water system. The Commission declares as a matter of public policy that encouraging and promoting water conservation and the reuse of reclaimed water are local objectives and are considered to be in the public interest. Ordinance No. 80-13-83 Page 2 of 7 AGENDA ITEM#7C AUGUST 12,2013 The benefits to be derived from the success of this program are several, and include conservation of the potable water supply, reuse of a valuable water resource, reduction in nutrient discharge to surface waters, and utilization of an environmentally safe and sensible method to reuse reclaimed water. Sec. 22-352. Relationship to other laws. Rule 62-610 of the Florida Administrative Code, titled "Reuse of Reclaimed Water and Land Application," is hereby adopted by reference in this article. In case of a conflict between any provision of chapter [rule] 62-610 and the city's reclaimed water policies and regulations, the more stringent provision shall prevail. No part of this Chapter shall be construed in a manner that conflicts with the exclusive authority of the Florida Department of Environmental Protection and the St. Johns River Water Management District to regulate the consumptive use of water under F.S. Ch. 373, Pt. II. Sec. 22-353. Connection required. (a) Where available, for new construction and where an irrigation system will be installed, the owner of every lot or parcel of land within the city's water and sewer service area developed for residential, public, commercial, office, industrial, warehousing, or multifamily use shall connect or cause to be connected with the reclaimed water distribution system. All connections shall be made in accordance with regulations of the city and FDEP and approved by the director. This provision shall not be construed to entitle any person to cross the property of another to make such connection. Existing water customers shall have the option to connect to the reclaimed water system. (b) The reclaimed water distribution system is deemed available to the owner, tenant or occupant of each lot or parcel of land that abuts upon a street, lot or other public way or place containing such system; and, where the distance from the reclaimed water distribution system and the property line is less than or equal to the distances set out in Table 1, below. Reclaimed water demand for a development shall be calculated based on a minimum irrigation rate of one inch per week for the irrigable area of the property. The irrigation rate equals 3,900 gallons per day per acre of irrigable area. Table 1. Irrigation Demand Max. Distance from the Development Property Line to Development the Reclaimed Water Facility (gallons per day) (feet) I<25,000 100 '25,000-50,000 1300 50,100-100,000 (6-00 >100,000 J1,350 Ordinance No. 80-13-83 Page 3 of 7 AGENDA ITEM#7C AUGUST 12,2013 (c) Single-family home developments approved for construction, shall include reclaimed water distribution mains and shall connect to the system when reclaimed water service becomes available. Such reclaimed water lines (or dry lines in the event reclaimed water service is not then presently available at the time of the issuance of a certificate of occupancy or completion) shall be installed in such a manner as to provide service to the entire property of the development. These lines shall be installed during the initial placement of other required infrastructure items and prior to issuance of a certificate of occupancy for the specific site or development. The cost of installing this system shall be borne by the developer. (d) All connections to the reclaimed water system shall be metered. Sec. 22-354. Design, construction and ownership of new reclaimed water facilities. (a) All reclaimed water facilities shall be designed and constructed according to applicable state and local policies, standards and specifications. (b) The applicant shall design, permit and construct, at the applicant's expense, the off-site reclaimed water mains, valves and accessories necessary to extend the provider's reclaimed water service to the development according to the criteria in Table 1. (c) The applicant shall design,permit and construct at the applicant's expense, the reclaimed water distribution system to provide reclaimed water service to individual customers within the development. (d) All reclaimed water distribution systems and facilities constructed by an applicant in public easements or rights-of-way shall be conveyed to the City for operations and maintenance according to existing City policies for acceptance of water and wastewater facilities. Sec. 22-355. Use of reclaimed water. (a) All uses of reclaimed water shall be in accordance with applicable rules of the Florida Department of Environmental Protection and other regulatory agencies having jurisdiction. (b) Each customer shall be solely responsible for maintaining the customer's reclaimed water system in good working condition. (d) The City shall monitor reclaimed water connections on its system so as not to exceed the capacity of the system. While it is the intent of the Commission that the City shall maximize the reuse of reclaimed water,the Commission recognizes that, at times, it may be necessary to limit a customer's use of reclaimed water. Notwithstanding any provision of this article,the City makes no representation about the continuing availability or implementation of reclaimed water service. Ordinance No. 80-13-83 Page 4 of 7 AGENDA ITEM#7C AUGUST 12,2013 Sec. 22-356. Cross Connection Control (a) Cross connections between reclaimed water facilities and potable water facilities are prohibited. The presence of a cross connection on a customer's property shall constitute a violation of this article and shall be grounds for immediate discontinuance of either the potable or reclaimed water service to the customer's premises. (b) On all premises where reclaimed water service or another source of nonpotable water exists, the public potable water supply shall be protected by an approved backflow prevention device installed on the customer's side of the City potable water service. On all premises where there is a reclaimed water supply or other auxiliary water supply, there shall be no cross connection between such supply and the consumer's City supplied potable water system. All backflow prevention devices and materials installed for cross connection protection shall be subject to the approval of the city manager or his designee and shall be installed at the customer's expense. (c) Where a cross connection is found to exist it shall be disconnected by the customer. If the customer fails to disconnect immediately, the city shall immediately discontinue potable water and reclaimed water service at the point of supply. Before reconnection of service is granted,the public water system shall be reinspected to verify that cross connection has been eliminated, that it has been protected against the possibility of future illegal cross connections, and that a proper backflow prevention device has been installed, tested and accepted to the city manager or his designee. Additional backflow prevention devices may be required as specified by the city manager or his designee and installed at the customer's expense. Sec. 22-357. Unauthorized work on reclaimed water facilities. Unless expressly authorized in writing by the City, no individual or organization shall tamper with, work on, or in any way alter or damage a reclaimed water facility. Tampering with or working on a reclaimed water facility includes, but shall not be limited to, opening or closing of valves, or causing any water to flow from the system. No unauthorized person shall cut into or make any connection to the system. In addition to any penalties, the offending person shall be liable for the cost of all charges attributable to correcting such tampering, including attorney's fees. Sec. 22-358. Inspections. To ascertain and ensure compliance with the provisions of this article and related regulations, the City may inspect, secure and/or disconnect any and all devices wherever located that connect to or control any discharge from reclaimed water facilities. Inspections may be made by authorized personnel at such times and with such frequency deemed necessary. Ordinance No. 80-13-83 Page 5 of 7 AGENDA ITEM#7C AUGUST 12,2013 Sec. 22-359. Restrictions on Use of Wells (a) Dual or temporary connections of wells to irrigation systems served by reclaimed water are not permitted. Existing private irrigation systems which connect to the reclaimed water system and are presently served by an on-site well or other water source shall disconnect the well or other water source permanently. (b) No potable water wells shall be permitted within 75 feet of any areas irrigated by reclaimed water. In addition, no potable water wells shall be allowed within 75 feet of any reclaimed water lines, valves or pumps. Sec. 22-360. Discontinuance of service The City may discontinue reclaimed water service to any customer due to an infraction of the procedures and regulations set out in this article,nonpayment of bills,for tampering with any service, for plumbing cross connections with another water source, or for other reasons that are detrimental to the system. The city has the right to cease service until the condition is corrected and all costs due the city are paid. These costs may include delinquent billings, connection charges, and payment for any damage caused to the system. Should a discontinued service be turned on without authorization, then the utility may remove the service and make an additional charge as established by current city ordinances or fee resolutions. Section 22-361. City's right to refuse service. (a) No connection shall be made to the reclaimed water system unless specifically approved by the city manager or his/her designee. (b) No payment of any costs, submittal of any application or any other act to receive reclaimed water reuse service shall guarantee such service. The city shall have the right, at all times, to refuse to extend services on the basis that a use is detrimental to the system; or there is an inadequate supply of reclaimed water; or lack of payment of required service charges; or for any other reason which, in the judgment of the city manager, will cause the extension not to be in the best interests of the city. Section 22-363. City not liable for interruptions in service; right of City to restrict use of water. The city shall not be liable for any damage resulting from bursting of any main, service pipe or cock, or by shutting off of reclaimed water for repairs, extensions or connections, or from the accidental failure of the reclaimed water supply from any cause whatsoever. In cases of emergency, the city shall have the right to restrict the use of reclaimed water in any reasonable manner for the protection of the city and its reclaimed water supply. Ordinance No. 80-13-83 Page 6 of 7 AGENDA ITEM#7C AUGUST 12,2013 Section 22-364. Billing and collection of fees. (a) The reclaimed water fees and charges shall be billed and collected with the monthly utility bill for those properties utilizing City utilities. The reclaimed water fees and charges shall be billed and collected separately for those developed lots or parcels and owners thereof not utilizing other City utilities. (b) All bills for reclaimed water fees and charges shall be rendered monthly and shall be payable at the same time and in the same manner and subject to the same penalties as utility bills of the City under the terms and conditions of the Code of the City. Sections 22-365 to 22-425. Reserved. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 8th1 day of July 2013. PASSED by the City Commission on second reading this day of 2013. ATTEST: Donna L. Bartle, City Clerk Mike Borno, Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Ordinance No. 80-13-83 Page 7 of 7 AGENDA ITEM#7D AUGUST 12,2013 ORDINANCE NO. 20-13-124 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. 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 amending the budget to add funds for construction of Phase 1 A of the Marsh Preserves Multipurpose Path,which will provided a fully ADA accessible path from the Tideviews Preserve Parking Lot to the boardwalk leading to Sunset Pier, and" NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2012/2013 Budget to be amended as follows: CONVENTION DEVELOPMENT TAX FUND Revenues: Grant Proceeds $17,500 Expenses: Parks and Recreation Capital Outlay - $35,000 Total Expenses: $35,000 Fund Balance <$17,500> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 8th day of July 2013. Passed by the City Commission on second and final reading this 12th day of August 2013. Mike Borno Mayor/Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen,Esquire Donna L. Bartle, CMC City Attorney City Clerk AGENDA ITEM#7E AUGUST 12,2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing/lsr Reading for Ordinance No.90-13-219 (REZ-13-00100057,Atlantic Beach Country Club SPA Amendment) SUBMITTED BY: Michael Griffin,CBO,CFM Building&Zoning Director Erika Hall Principal Planner elV DATE; July 22, 2013 STRATEGIC PLAN LINK: 2. Golf Course: This goal is to work with the Country Club Board to best accomplish the City's objective to maintain green space and minimize adverse impacts to adjoining neighborhoods. BACKGROUND; Request to amend the Atlantic Beach Country Club Special Planned Area, as approved by Ordinance No. 90-13-216, to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four (174) residential dwelling units are proposed on adjacent lands within the City of Jacksonville. A parallel PUT] Amendment requesting approval of the same master development plan has been filed with the City of Jacksonville_ The Community Development Board will have considered this request, along with comments from staff, the applicant and community residents in attendance at the July 1611' meeting. However, because the applicant has requested expedited review of this application, and the public hearing schedule has been compressed, this staff report is prepared in advance of the Community Development Board meeting. Staff anticipates availability of draft minutes from the July 1681 meeting within forty-.eight (48) hours of the meeting,and these will be made available to the City Clerk for dispersal as soon as possible. BUDGET: None. RECOMMENDATION: Approval,recommended by the Community Development Board. ATTACHMENTS: Ordinance No. 90-13-219; Copy of Community Development Board staff report; Copy of REZ-13-00100057 application, incl ing revised traffic study. REVIEWED BY CITY MANAGER: AGENDA ITEM#7E AUGUST 12,2013 • J 'k''- '.:_:CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. CASE NO REZ-13-00100057 Request to amend the Atlantic Beach Country Club Special Planned Area (Ordinance No. 9013-216), to increase the total number of residential dwelling units permitted from one hundred eighty (160) to two hundred (200), with a maximum of twenty-six allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four (174) residential dwelling units are proposed on adjacent lands located within the City of Jacksonville, A parallel PUD Amendment requesting approval of the same master development plan has been filed with the City offacksonville. LOCATION 1600 SELVA MARINA DRIVE (SELVA MARINA COUNTRY CLUB) APPLICANT ATLANTIC BEACH PARTNERS, LLC REPRESENTED BY T R HAINLINE,JR DATE JULY 16, 2013 STAFF ERIKA HALL, PRINCIPAL PLANNER STAFF COMMENTS n1.1.... Atlantic Beach Partners, LLC has submitted a a,h �* request to amend the Atlantic Beach Country °° el Club Special Planned Area (SPA) approved by W..,4 ,,,^ .„. if Ordinance No. 90-13-216.1 -4,-. ' .,. The current application seeks to increase the °"'""'°"� ""J 'J Wel number of total residential dwelling units from W"4 one hundred eighty (180) to two hundred . ' '"" "'' 0,,.,. (200), with one hundred seventy-four (174) '".. oTM eAl "° located within the City of Jacksonville and 1tl} a � � ���° $ "" twenty-six (26) located within the City of CO Of ...E.* au.nue W.� Atlantic Beach. This proposed increase in ,,_,, I 1 F]∎c„ '4 41■17 density is detailed in the amended narrative ,�„� °t„∎r J, and shown on the revised master i �.1 development plan, and the traffic study has „•,4 �, , k been updated also to account for the Ali ry ..� ∎�∎wv, increased density. '%4 tI '..4l.,,,,, ∎4,:. r, 5 5 F ,, a1:� n:s °u4,.a 1 The Atlantic each Country Club Special Planned Area(SPA)is scheduled for second and final reading and public hearing before the Atlantic Beach City Commission on July 8,2013,and therefore is expected to be approved before this meeting. AGENDA ITEM/'7E i AUGUST 12,2013 Table 1-Site Summary Comparison =shows the land use allocation of the approved Atlantic Beach Country Club Special Planned Area versus the proposed amendment. Staff has noted a discrepancy between the total acreage provided in the approved SPA and that reported in this proposed amendment, and has requested that the applicant address this issue with either a revised SPA narrative or an explanation of how the approved SPA is in error, However, neither had been received at the time of publication of this staff report. TABLE 1. -------. ORD NO 90-1.3-216(APPROVED) REZ-13-00100057(PROPOSED) SITE SUMMARY COMPARISON CoAB Co.! TOTAL CoAB CoJ TOTAL RESIDENTIAL _ _ Acreage 0.08 34.36 34.44 5,00 34.49 39.49 Units 11 1691 1802 26 174 200 RECREATION&OPEN SPACE _ Golf Course 26.14 91.25 117.39 19.94 91.67 111.61 Clubhouse,Amenities 6.74 0.00 6.74 6.74 0.00 6.74 INFRASTRUCTURE _ VehlcularAccess _ 1.37 9,08 10. 45 2.45 9.43 11.88 TOTAL 34.33 134.69 169.02 34.13 135.59 169.72 1 The approved ABCC SPA conceptual site pion depicts one hundred sixty-nine (169) residential dwelling units, with one(1)partially located within the City of Atlantic Beach, 2 The approved ABCC SPA narrative provides for a maximum of one hundred eighty (180)residential dwelling units, although only one hundred sixty-nine(169)are depicted on the conceptual site plan. Table 2 - Estimated Traffic Impacts on Level of Service -shows the allocation of PM peak-hour trips onto surrounding roadways. Notes provided below compare estimated traffic impacts resulting from the proposed two hundred (200) dwellings versus the previously approved one hundred eighty(180)dwellings.' 'ESTIMATED TRAFFIc IMPACTS TAKE 1. YEAR YEAR YEAR YEAR SERVICE VOLUME/ 2007 2013 2016 2016 LEVEL OF SERVICE a WITHOUT WITH (LOS) DEVELOPMENT DEVELOPMENT2,912 2,351 �2,628 2,649/C1 4,200/C Road • 3,023 2,674 2,755 2.813/C2 4,200/C Road -LANE)elva Marina 618 618 637 765/C3 870/C DR(2-LANE) 161 161 161 223/B4 500/C 1 This Is on increase of three (3) trips over the previous traffic study adopted as supporting documentation to Ordinance No.90-13-216. 2 This is an Increase of five (5) trips over the previous traffic study adopted as supporting documentation to Ordinance No.90-13-216. 3 This is an increase of seventy (70) trips over the previous traffic study adopted as supporting documentation to Ordinance No.90.13-216. 4 This is an increase of twelve (22) trips over the previous traffic study adopted as supporting documentation to Ordinance No.90-13-216. Page 2 of 3 AGENDA ITEM#7E AUGUST 12,2013 Staff realizes a great deal of concern has been previously expressed by the citizenry, members of this Board and elected officials alike, regarding the potential ABCC residential traffic impact, particularly to Seminole Road and the "Five Way" intersection. As noted above, the additional twenty (20) dwelling units proposed are estimated to increase PM peak-hour traffic on Seminole Road, south of Selva Marina Drive by seventy (70) trips by the year 2016. This is one hundred forty-seven (147) more trips than current year traffic and one hundred twenty-eight(128) more trips than estimated for year 2016 without development, and it brings the segment capacity to within one hundred five (105) trips of the established level of service cap of eight hundred seventy(870)trips. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Atlantic Beach Country Club SPA Amendment (Application REZ-13-00100057)to the City Commission, a request to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) of those units allocated to lands within the City of Atlantic Beach, approving the site development plan and adopting the application and supporting documents, and all terms and conditions as set forth therein, subject to conditions enumerated and providing the following or similar findings of fact: (1) The request for amendment has been fully considered after public hearing with legal notice duly published as required by law. (2) The proposed amendment is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density. (3) The proposed amendment is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas. (4) The proposed amendment and the site development plan are consistent with the stated definition, intent and purpose of Special Planned Areas. The Community Development Board may consider a motion to recommend denial of the Atlantic Beach Country Club SPA Amendment (Application REZ-13-00100057) to the City Commission, a request to increase the total number of residential dwelling units permitted from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) of those units allocated to lands within the City of Atlantic Beach, provided the following or similar findings of fact: (1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the Future Land Use Designation of Residential Low Density because (2) The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas because ATTACHMENTS None. Page 3 of 3 AGENDA ITEM#7E AUGUST 12,2013 ORDINANCE NUMBER 90-13-219 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL PLANNED AREA (SPA) KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB SPA, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED FROM ONE HUNDRED EIGHTY (180) TO TWO HUNDRED (200), WITH A MAXIMUM OF TWENTY-SIX (26) TO BE ALLOCATED TO LANDS WITHIN THE CITY OF ATLANTIC BEACH, AND THE REMAINING ONE HUNDRED SEVENTY-FOUR (174) TO BE LOCATED ON ADJACENT LANDS WITHIN THE CITY OF JACKSONVILLE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the Atlantic Beach Country Club Special Planned Area amendment enacted by this Ordinance shall provide for orderly growth; encourage the appropriate use of land; protect and conserve the value of property; prevent the overcrowding of land; promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and serve to establish consistency with the Comprehensive Plan, and WHEREAS, after required notice was published, a public hearing was held by the Community Development Board on the 16th day of July 2013 at 6:00 p.m. Introduction and first reading of the proposed Ordinance by the City Commission was held on the 12th day of August 2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on the 26th day of August 2013 at 6:30 p.m. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That, as requested by Rogers Towers, P.A., on behalf of Atlantic Beach Partners, LLC, as authorized by Selva Marina Country Club, Inc,the title owner of Ordinance No. 90-13-219/Page 1 of 4 AGENDA ITEM#7E AUGUST 12,2013 record as identified in the application (File Number REZ-13-00100057) along with supporting documents for the SPA amendment submitted to the City of Atlantic Beach, Florida on May 23, 2013 hereinafter known as the Atlantic Beach Country Club Special Planned Area (SPA) Amendment application, which is attached to and made part of this Ordinance, the total number of residential dwelling units permitted is hereby increased from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy-four (174) allocated to lands within the City of Jacksonville. SECTION 2. That development of the lands within this Special Planned Area Planned Unit Development shall proceed in accordance with the Atlantic Beach Country Club Special Planned Area Amendment, first filed May 23, 2013, and other supporting documents, which are a part of File Number REZ-13-00100057, and incorporated by reference into and made part of this Ordinance. In case of conflict between the application, the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 3. Special Conditions: 1. Development within this Special Planned Area Amendment shall be similar to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within the Special Planned Area Amendment application, which are made part of this Special Planned Area Amendment Ordinance. 2. Prior to the commencement of development under this Special Planned Area Amendment, the Applicant shall record a Recreation and Conservation Easement encumbering the portion of the Property which will be subject to Golf Course uses as described herein, and the Recreation and Conservation Easement will limit uses on such portion of the Property to recreational uses and conservation/greenspace, including the Golf Course uses described in this Special Planned Area Amendment, in perpetuity. SECTION 4. Findings of Fact: The need and justification for approval of the Atlantic Beach Country Club Special Planned Area Amendment have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision and Land Development Regulations and, whereby it is found that: 1. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy-four (174) allocated to lands within the City of Jacksonville, has been fully considered following a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. Ordinance No. 90-13-219/Page 2 of 4 AGENDA ITEM#7E AUGUST 12,2013 2. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy-four (174) allocated to lands within the City of Jacksonville, is consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands as described within this application as Residential, Low Density. 3. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy-four (174) allocated to lands within the City of Jacksonville, is consistent with the Land Development Regulations in that the specific land to be redeveloped pursuant to this Special Planned Area amendment has consisted of previous uses defined by the Land Development Regulations as residential and recreational, and said lands to be redeveloped are not composed of open land, water, marsh and wetland areas. 4. This Special Planned Area amendment does not adversely affect the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within the Comprehensive Plan. 5. This request for Special Planned Area amendment for increase of total residential dwelling units from one hundred eighty (180) to two hundred (200), with a maximum of twenty-six (26) allocated to lands within the City of Atlantic Beach and the remaining one hundred seventy-four (174) allocated to lands within the City of Jacksonville, is consistent with the Land Development Regulations, specifically Article III, Division 6, establishing standards for modifications to previously approved Special Planned Areas. 6. The zoning district designation of Special Planned Area, and the specific uses and special conditions as set forth within this Special Planned Area amendment, are consistent and compatible with surrounding development, and the proposed Special Planned Area amendment will not adversely affect the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. SECTION 5. To the extent they do not conflict with the unique specific provisions of this Special Planned Area amendment, all provisions of the Land Development Regulations, as such may be amended from time to time, shall be applicable to this development; except that further modifications to this Special Planned Area by variance or special use shall be prohibited except as allowed by the Land Development Regulations, and except to the degree that the development may qualify for vested rights in accordance with applicable ordinances and laws. Notwithstanding any Ordinance No. 90-/3-2/9/Page 3 of 4 AGENDA ITEM#7E AUGUST 12,2013 provision of this Ordinance, no portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land Development Regulations shall be deemed waived or varied by any provision herein. SECTION 6. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading by the City Commission of the City of Atlantic Beach this 12th day of August 2013. Passed and enacted, upon final reading and public hearing and adoption this 26th day of August 2013. Mike Borno Mayor/Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Effective Date: Ordinance No. 90-13-219/Page 4 of 4 ACi1:N1)A 1°I1iM It 71; A11GUSr 12.200 Draft Minutes of he July 16,2013 regular tneeliag grille Community Development Board ' '.I ::; _11116 .S1. r 1+1. r c Ji Y� MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD July 16,2013 1. CALL TO ORDER,-6:05PM1+I Vice Chair Kirk Hansen verified the presence of a quorum with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Harley Parkes, Patrick Stratton and Sylvia Simmons. The meeting was called to order at 6:05pm. Also present were Navy Liaison and Ex- Officio Board member Matt Schellhorn, Principal Planner Erika Hall, and Building and Zoning Director Michael Griffin. Board member Brea Paul was absent. 2. ADOPTION OF MEETING MINUTES-JUNE 10, 2013. Mr. Hansen called for a motion to approve the minutes of the June 18, 2013 regular meeting. Mr. Burgess moved that minutes be approved as written. Mr. Parkes seconded the motion and it carried by a vote of 6-0. 3. OLD BUSINESS.None. 4. NEW BUSINESS. A. REZ-13-O0100057, 1600 Selva Marina Drive(Atlantic Beach Partners LLC) Public Hearing-Request to amend the Atlantic Beach Country Club Special Planned Area (Ordinance No, 90-13-216), to increase the total number of residential dwelling units permitted from one hundred eighty(180) to two hundred(200), with a maximum of twenty-six allocated to lands within the City of Atlantic Beach. Up to one hundred seventy-four(174) residential dwelling units are proposed on adjacent lands located within the City of Jacksonville. A parallel P110 Amendment requesting approval of the same master site development plan has been filed with the City of Jacksonville. Staff Ms. Hall reported that Ordinance No. 90-13-216 adopting the Report Atlantic Beach Country Club Special Planned Area (ABCC SPA) had been approved by the City Commission at their last meeting on July 8, 2013. As approved, a maximum of one hundred eighty (180) residential dwelling units are permitted, though only one hundred sixty-nine (169) lots were shown on the accompanying Master Site Development Plan (MSDP). Of those, all but one lot were completely located within the City of Jacksonville. The current application is an amendment to the approved ABCC SPA, to increase the maximum number of dwelling units to two hundred (200). The additional twenty (20) dwelling units, along with another six (6) not shown on the original MSDP, are proposed to be Page I ors AGENDA ITEM#7E AUGUST 12,2013 Draft Minutes of the July 16, 2013 regular meeting of the Community Development Board located within the City of Atlantic Beach. The remaining one hundred seventy-four (174) will be located within the City of Jacksonville. Applicant T R Hainline, Rogers Towers, PA, authorized agent for the applicant. Comment explained that the additional twenty (20) units were being sought by the Country Club to offer to the developer as collateral to secure financing for the renovation of the Club facilities. He reminded the Board that even with twenty-six (26) units located within the Atlantic Beach portion of the project this development would be considerably less intensive than what had been approved previously as the Selva Marina Residential Planned Unit Development. He noted that the applicant had met all procedural requirements, including submittal of a revised narrative, conceptual site plan and updated traffic study. Public Dave Estes (1275 Linkside Drive) stated that he had sent an email Comment to members of the City Commission as well as this Board with recommendations for language he wished to see included in either the SPA narrative or the adopting ordinance. He said he had received positive response in support of this language, with one Commissioner saying that it was "good neighbor, common sense": 1. "The Club shall maintain their backyard (areas that members do not usually see, but neighbors on the perimeter of the club do see) by mowing/trimming grass and weeds, including the banks of ponds/waterways, and not piling up or dumping landscaping debris." 2. "The Club shall take into consideration how their actions will affect the neighbor's view of the golf course when planning landscaping, hedges, nets, fences, etc." Mr. Estes also asked for clarification regarding the additional units being sought with the current amendment. He asked if these units were built, was there anything in the plan binding them to the location shown on the submitted site plan. Board Mr. Hansen disclosed that he is a member of the Selva Marina Discussion Country Club Board, and that he is a participant in the LLC providing bridge financing to the Club. However, he has no personal financial interest that would be affected by action of this Board. Therefore, he declared he had no conflict of interest and stated he would not recuse himself from debate and vote on the Page 2 of 5 AGENDA ITEM#7E Draft Minutes of the July 16,2013 regular meeting of the Community Development Board AUGUST 12,2013 matter. Mr. Elmore disclosed that he is the landscape architect of record for this project, and having a financial interest, he stated he would recuse himself from debate and vote on this matter. However, he said he would answer any questions the Board might have. In response to Mr. Estes' inquiry, Mr. Elmore said the average cost of each golf course hole is between $50,000 and $100,000. Once the golf course design has been set, it severely limits the areas where houses can be constructed, so it is highly unlikely that, if constructed, these additional units would be located anywhere other than as depicted on the MSDP. Mr. Hainline added ` that any changes to the Master Site Development Plan would necessitate an amendment that would require review by this Board and approval by the City Commission. Motion Mr. Parkes moved that the Community Development Board recommend approval of the Atlantic Beach Country Club Special Planned Area Amendment (Application REZ-13-00100057) to the City Commission, being an amendment to a previously approved Special Planned: Area (SPA) described within said application, approving the Master Site Development Plan and adopting the application and supporting documents, and all terms and conditions set forth therein, subject to conditions enumerated, and provided the following, findings of fact: (1) The request for amendment has been fully considered after public hearing with legal notice duly published as required by law; (2) The proposed amendment to the approved Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) The proposed amendment to the approved Special Planned Area is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Areas and Section 24-124, establishing procedures for modifications to previously approved Special Planned Areas and Master Site Development Plans; (4) The proposed amendment, including the Master Site Development Plan, is consistent with the stated definition, intent and purpose of Special Planned Areas; (5) The zoning district classification of Special Planned Area, and the specific uses and special conditions as set forth herein, are consistent and compatible with surrounding development. Mr. Burgess seconded the motion and it passed unanimously, 5-0, with Mr. Elmore abstaining due to his previously stated conflict of interest. Page 3 of 5 AGENDA I'T'EM 1I 7E AUGUST 12,2013 r 1, `, 4) i ill y 2, APPLICATION FOR ZONING MAP AMENDMENT for SPECIAL PLANNED AREA-or—PLANNED UNIT DEVELOPMENT City of Atlantic peach • 860 Seminole Road •Atlantic Reach,Ptot'ida 32233-5445 1 Moor (904)247.51100 • PAX (904)247-5805 • Ilttp:llwww,cwwb.rrs Date /20 i-S Fite No, Application Na. '13E7` fa° 1 7 I. Applicant's Nance Atlantic Bettci Partners,LLC 2. Applienut's Address 414 Old Hard Road#502,Fleming island,lei, 32003 - -- 3. property Loeati0ti Selva Marina Country Club 4. Properly Appraiser's Rohl Estate Nu See Exhibit D _ S. Current Zoning Classification I'!13),RS-�' 6, Cantlirelteusive Pli n Vutare Land><lse I>esignatiort RL 7, Requested Action Rezone to SPA '_ A Anev wieitAH r \{ ti)-( e oik 8. Size of Parcel 169.62 acres {).Utility Provider 17.A 10. Provide a textual narrative and it composite site plan,which demonstrates compliance with Article III, Division 6 of the City of Atlantic Blench 7,oiring,Subdivision and Load Development Regulations. The unrrative,and any required attachments, should concisely address each of the provisions null i•etluirernonte or Section 24-120 and should be provided Iii an order and format consistent with this Section. Please provide :t cover page and n table of cntitenls Identifying each tittaclimcrtt to the application. II. The following Items must be submitted with tiw application: a. List of adjacent property owners within JO lee# of the property Including name, milling address and Property Aptnruiscr's Real Estate auanber Item most recently certified ia:t rolls, Andress two (2) lewd size envelopes to each property nwiier on the list. Do not Include a retorts address. Each envelope must contain proper postage. The order or c , core. e `de-1 s Iunames .rn he list. I). Proof of ownen►rhip(copy ordinal or certificate by lawyer ar nbstmet cowpony or[file company Clint verilics record owincr as above). If die applicant is not the metier,n leiter et nntliarieaiiori front the uwuiei(s) for applicant to represent the owner fur ail promo ranted la fills aippllcaICGlr must he provltled, c. RCtliiircti mummy of crlpic:lr rive(.5) Piense submit tan(10)copies of any plans oi'dtinelnntrire that are larger titan I I X 17 inches in size,or any other Items that cannot he easily reproduced. eh Application Fee.(S5110.I1O) I HEREBY CIIWCIFY THAT ALL INFORMATION PROV1DEB WITH THIS APPLICATION IS CORRECT: Signature of owners)or authorized person If owner's authorization form Is attached: Printed or typed nape e)e tin S l ADDRESS AM)C et TA- INCORMATI0,` s PERSON 10 RECEIVE ALL CORRESPONDENCE REGARDIINIC THIS APPLICA'T'ION Name: I•!t.hlnittline molting Address: 1.301 itiverplace Blvd.,Suite 1500,Jacksonville,FL 32207 - Photo: (904)346.553! - FAX: (904)396-0663 _E-mni1:THainlino @RTLaw.corf AGENDA ITEM#7E AUGUST 12,2013 ATLANTIC BEACH COUNTRY CLUB PLANNED DEVELOPMENT(PUD)/ SPECIAL PLANNED AREA (SPA) EXHIBIT LIST Exhibit "A" Legal Description Exhibit "B" Surveys Exhibit"C" Conceptual Site Plan Exhibit "D" Written Narrative Exhibit"E" Deeds Exhibit"F" Authorizations and Binding Letters Exhibit"G" List of Adjacent Property Owners Exhibit"H" Traffic Study • 3 AGENDA ITEM#7E AUGUST 12,2013 ATLANTIC BEACH COUNTRY CLUB PLANNED DEVELOPMENT(PUD)/ SPECIAL PLANNED AREA(SPA) EXHIBIT"A" LEGAL DESCRIPTION THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION. OF GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8; A PORTION OF GOVERNMENT LOT 6 OF SECTION 9, A PORTION OF GOVERNMENT LOT 2 OF SECTION 16, AND A PORTION OF GOVERNMENT LOTS 1 & 2 OF SECTION 17, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND ALL THE LOT 5, BLOCK 1, DONNER'S REPLAT AS RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF TILE FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 06°45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8 AND 17 FOR A POINT OF BEGINNING; THENCE SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 106.50 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 2 OF SAID SECTION 17; THENCE SOUTH 00°00'30"WEST, ALONG TILE EASTERLY BOUNDARY OF SAID GOVERNMENT LOT 2,75.00 FEET; THENCE SOUTH 89°28'50"WEST,AND PARALLEL TO SAID SECTION LINE,469.26 FEET TO THE EASTERLY BOUNDARY OF BLOCK 1 OF SAID DONNER'S REPLAT; THENCE NORTH 00°11'34" WEST, ALONG THE EASTERLY BOUNDARY OF SAID BLOCK 1, 4.00 FEET TO THE SOUTH EAST CORNER OF SAID LOT 5, BLOCK 1; THENCE SOUTH 89°28'50" WEST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 5, 176.00 FEET TO THE EASTERLY RIGHT OF WAY OF FRANCIS AVENUE AND THE WESTERLY BOUNDARY OF SAID LOT 5; THENCE NORTH 00°11'34" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID FRANCIS AVENUE, 71.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SITUATED IN SAID SECTION LINE; THENCE SOUTH 89°28'50" WEST ALONG SAID SECTION LINE, 12.27 FEET TO THE SOUTHWEST CORNER OF THE EAST (112) OF GOVERNMENT LOT 15 OF SAID SECTION 8; THENCE NORTH 00°31'10" WEST, ALONG THE WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY 01? GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89°03'10" WEST, 355,77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS; THENCE NORTH 01°23'15" WEST, ALONG THE EASTERLY LINE OF SAID FAIRWAY VILLA, 1875.00 FEET THENCE NORTH 88°36'45" EAST, 470.00 FEET; THENCE NORTH 51°45'15" EAST, 404.23 FEET TO THE MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS RECORDED IN .. PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY PROLONGATION THEREOF,ALONG THE ARC OF A CURVE THAT IS CONCAVE TO THE'NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A AGENDA ITEM#7E AUGUST 12,2013 CHORD BEARING SOUTH 47°06'35" EAST; THENCE NORTH 59°36'55" EAST, 90.85 FEET;ET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,A DISTANCE OF 118.00 FEET, AS MEASURED ALONG A CHORD BEARING SOUTH 58°35'55" EAST; THENCE SOUTH 12°22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL, 2026.00 FEET MORE OR LESS TO A POINT WHICH IS 15.00 FEET EASTERLY OF A POINT THAT IS SOUTH 12°22'05" EAST, 2071.75 FEET, FROM THE END OF THE LAST DESCRIBED CURVED LINE COURSE, SAID POINT BEING ON A WESTERLY PROLONGATION OF TILE SOUTH LINE OF LOT 1, BLOCK 9, SELVA MARINA UNIT 5,AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF SAD) PUBLIC RECORDS; THENCE NORTH 78°03'10" EAST ALONG SAID WESTERLY PROLONGATION AND ALONG THE SOUTH LINE OF LOT 1, 332.00 FEET MORE OR LESS TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE (A 100 FOOT RIGHT OF WAY), SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 11°56'50" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA DRIVE, 750.00 FEET; THENCE SOUTH 78°03'10" WEST, 450.00 FEET TO THE NORTHEASTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 1270,PAGE 559; THENCE SOUTH 11°56'S0"EAST,270,00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LANDS SO DESCRIBED; THENCE SOUTH 78°03'10" WEST, 250.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS 1300K 1270, PAGE 559; THENCE SOUTH 11°56'50" EAST, AND PARALLEL TO THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA DRIVE, 684.44 FEET; THENCE SOUTH 83°42'10" WEST, 669.45 FEET; THENCE NORTH 06°45'00" WEST, 1322,13 FEET TO AN INTERSECTION WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE SOUTH 89°28'5O" WEST, ALONG SAID SECTION LINE, 30138 FEET TO THE POINT OF BEGINNING. 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Na W tt tlf1W �� °1.v L}an C.isn. r 1.01)1 I. Y!1lp:Y aiHY�J, ; ppp���ttt LAitr rata NO!11].11 tW YVKi Mt IJ°R�it HLL NtAq EEiY iI>--'ilgd f�W R t\\l 1II aa''AA w F N(yA,�xviul�"!i 7r pii1�,„ t ',1 tt ^nSftt AV A t ,it t] ,:f lei Pf.N 1 iiiH tCMll[:u tWA11,ii � %M'4[mprl;:Htt \ 11 s :_v41.OJdsa A clN- it ....Nitl Cp —.r 1,'f n. q biE ,.:O i{`.`_ tCRIIIA ll NI}l.1AYc['H'a Ys.45CiJ gams DR .att1{M.',I.1,SN ECcfia\ 'JUNI .WET 3,.01,.1., I*`1Q#Iirh"..M { -:-...-.... .. --_ ._. _y.... - _ lu AGENDA ITEM#7E AUGUST 12,2013 t •• •. . fir. , s 411, MAP SLOWING SURVEY OF r " • }t •. • ./..or /,`'r3'OC' 9,, :;''P[ VA, /1i4 /,/ r. /'/r . M . ,, ,: •, AccorwING TO MAP RECORUEP IN PLAT BOOK_- PAGE —S+A ��`• • OF THE CURRENT PUBLIC REDO 12 OF DUVAL COUNTY,FLORIRA • , SCAL,E 1”-..........4_0_, FOR,4D 'A' >sdf4. ,csa;GJ3E'.r2.r. f .Z...?.:-.7; ' , ON PITH OOENOTE9 CONCRETE MD1111NeIT „7,157.,4r*. , oOftN6YES iq ,_x.,®% X-'4EfcTE9 r@NC``E tia c; T/JJ�'f'' • .,� r { ': � li-,,s"..,',.= :. f!.N� •' .ri+h fi 4 y \ 4‘.'47,..-1•;t:',;,.;:=!.,4.'.::Y .•_ rt t.. , ti`sI Y Irk 1'x'..:11. ' i�''`4f; ;,''4' I 1tz, a ��$ ct I: -, .'+ .x�1.SIN �. ., t 1,� ,�T�dA , r a, 5 t 3 41 N a') . '41 •_\\1, 0 jt r/Qa 14"`.44 A IL .,.. .,4 . r '„ t 1 eJ" • _ f„ • y' ...4;t71 t 1 r 141 { �• ;:•,..,/,:‘,‘.:.;:;;,,p,:::::' • .. ¢( ;- t Lk0y V„ I to rl.,lu+' . • x•k'f'fJCyL. 11 1,• {# qq,• 0A 4. Ih :i;,.!7 :.,/:/1, =tfl ' +i .1. (.lis 17 c ,. , 3N i , (z�, ,,{ tr t' �k :..,..,..,:w..„-;,;, •° •" f � r wh fff � t: ,?Y qq ,t'••I S'? rt_ : . ,,.• I. L` i .1 I I y ,t 'i;,r SI • 't vR C 1 '17r)i4n4r.#'d,rctii. YsfsjlMa L s • •'. 1-✓, .YI/rf/1Le/d_1`oM1•'r J4., • .r3.4.f^ Nt,: R. tiii.,: REG:SURVEYOR CERT, NO is 3-e' •1. ±; ..� Jt: 72s FISK•sTREET - .lAPIl Q,1ni 1If1 1 C Cl.^�alP�.I , 1 AGENDA ITEM#7E AUGUST 12,2013 . _ _ :.wa'�`i.m.�-.awti�•aoe..x ar.: - —'-� ill— 0.0 a,wrsv 111 I r ---- RI U00 ipAil�NillU�ry hnl-roil k.7[+f+�m ....~ ri 4. e r.P] 1# 0 w 511111 k i 11 a 'y U ,- ... U' "'f ` a r s r 1, i s ) II— -) \ '4' o 1 .:* tir 0 r. i.„. I .:\ \11J I A � m as I i ▪ . a.. . ,., .. , z-)Ni\-'6' -i. , . _,..__ , , :: e ,.,___ ..-. -.\ 6,L \-\-2:\.4,_,...„ , .\---»- k '''. 1 -- ..-- ,\i-c ,., --6lIttict • \\ 11.17.-,F.T......-1-71 1 it,,..4%,,,' — r..1 :::ic\l,,,,\.._..., ,__ ..f.T-- — (11.. ., ',"'"),,... ,.....-,----; ' -. , .. 1 _ ‘p ,.—., .. ,..:\ , _ ..se-__. i „ ,". 1 . , L ....._)-1,,..45.1,0%,„, 11 c+), , ‘ \, \ roll y} l! ®+,211® ,:: --- a ll ---°. . ...,.' A 6 ,.. \ L - rsi.....,•1••. ..............•,. , lic, , -.. ......._ i. _T:.....,......... .5 , \ \ F 1 Ili 1 \ ., all\l'ji ,- i i , --1. -1::-A /„.,.//7/ \ 10 I\ --i ,-......:„------- I , f 1 . \ , AGENDA ITEM#7E AUGUST 12,2013 — — GII$ ,y Snxuadal Ini111w�1yd .e 5 + r ` s 1 IME1�.-f _ _ — Qhj 14111 ..�I.4ww O..n L J 1 le^tt°�°47 a}woo alae�sst voy+iluAG 4'1tiAi �� ,I t I 1 0 011) j 121 tA7 I p a1 h 4 1:°:t 4 G I p e 69 1 • 1 S r'i,(M ,F ; mil ;r i A. s. rr., ti.�� a 1.' V k L p c1. 1 t] ,\ i� r R ill it\ , k ,'.•`,S , I \ . 1'Y, 'ti., .4 °o ,-u r u: I \ . t ': 1 r 6 4 y I 1ff_.._.... ) , 2 ..k:-.A.67.1 k, " t. , , , , . \ Si t Y i 1.-I ' 1k '', Omi1.�4I1k.s.em tl... " I 1 L Q qq '13 N ..fl 1 kl U 1k Rj -(0-',:i i.) - v l -\--',‘,1 �•i Y r 'a, ; - ci P:4,',1, \ .-c' 4 i 1 • 1 1 ,__ ` . 1 t ar'' , lM1 4 f 1 ei iy '1 I 1 ', 1 1 1. .. w.„ 1 Iiii I li ti I I AGENDA ITEM#7E AUGUST 12,2013 Exhibit"U" Atlantic Beach Country Club Planned Unit Development (PUD)/Special Planned !Oren (SPA) Written Narrative of Plan of Development Date:April-1-60 2013 Current Land Use Designation:LDR(City of Jacksonville);l[ (City of Atlantic Beach) Current Zoning District: RR and PUD(City of Jacksonville); PUD(City of Atlantic Beach) Requested Zoning District: PUD(City of Jacksonville);SPA(City of Atlantic Beach) RUIN: 169399-0000; 169399.0010; 172000-0000; 172024-0000; 172027.0010; 172027-0030; 172029-0000; 172036-0000; 172157-0000 NOTE.. The development described in this Written Narrative includes property within the City of Jacksonville ("Cal Property") and property within the City of Atlantic Beach ("COAB Property')(collectively, the "Property'). This is intended to serve as a Written narrative both for rr Planned Unit Development (PUD) on the COST Property and for a Special Planned Area (SPA) on the COAB Property. The development described in this Written Narrative is a single family residential development, golf course, cannily club, recreational amenities, and associated roadways, access, stormwater, maintenance, and related facilities and infrastructure. All uses are part of a unified plan which will be consistent with the comprehensive plans far both the City of Jacksonville (COI) and the City of Atlantic ,Brach (COAB) and will meet the intent of' the land development regulations in both jurisdictions as well. As its permitted under the COI regulations for a PAID and under the COAB regulations for an SPA, tins Written Narrative will allow for flexibility from the application of these regulations where it is necessary for a ratified and internally consistent development. OVERVIEW OF THE DEVELOPMENT Sclva Marina Country Club, Inc. (the Applicant) was incorporated in 1956 as a for-profit corporation. The sole asset of the corporation is the Selva Marina Country Club ("Country Club"),which consists of a private eighteen-hole golf course, clubhouse,tennis courts, and other recreational amenities, Membership in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course, including the construction of new single family homes, a new clubhouse, and other associated facilities and infrastructure. EXHIBIT on File Page _.of AGENDA ITEM#71: AUGUST 12.2013 t. I,AND USE ZONING Alen USES: I'ROPTIRTie Al i) SLJltltt)f11Ni)l ( PROPERTIES, A. The COJ Property lies within the LDR land use category of the COJ Comprehensive Plan and is zoned RR and PUD. The COAB property lies within the RL land use category of the COAB Comprehensive Plan and is zoned PUD and RS-L. B. For all hut the southwest corner of the Property,the Property is surrounded by single family,multifamily,public use, and vacant properties which lie within the COAB. These properties are within the RL, RM,RI-I,and PISP land use categories of the COAB Comprehensive Plan and are within the RS.-I., RS-2,RG-M,PUD,and CO zoning districts of the COAB Laud Development Regulations. At the southwest corner of the Property,the Property adjoins commercial and residential properties which lie within the COJ. These properties are within the CGC,RPI,and MDR land use categories of the COJ Comprehensive Plan and are within the CCG-2,CCG-1,CRO,and RMD-A zoning districts of the City of Jacksonville Zoning Code. 11. GENERAL PLAN FOR THE DEVELOPMENT. A. The development described in this Written Narrative is a single family residential development,golf course,clubhouse,recreational amenities,and associated roadways,access, stormwater,maintenance, and related facilities and infrastructure, B. The Property is approximately 169.02 acres. The COJ Property is npproximutely 135,12 acres. The COAB Property is approximately 33.90 acres, C. Consistent with the variety of residential densities and lot sizes which surround the Property and which are typical of the COAB,the development will include a varied ntix of lot sizes and single family residential types. The Conceptual Site Plan filed with this application shows a mix of lot sizes and types. The total number of residential units shall not exceed 1-80200 units, 1-Iowevcr,subject to the minimums and maximums shown on the Conceptual PUD Site Plan,the location and number of each of the varying lots sizes and types shown on the Conceptual Site Plan is conceptual only and may be subject to change,due to site engineering or other factors, without amendment or modification of the PUD/SPA. The single family residential uses will comprise approximately.4 443.E49 acres,including approximately 34.363.444?acres within CO3 and approximately 0-.0$5,O0 acres within COA13. D, As shown on the Conceptual Site Plan,a golf course, related structures (bathrooms,shelters/stops,bathrooms, food,drink,etc.),maintenance facilities,cart barn, parking,and similar uses will he located around and among the single family residential uses. The golf course and related uses will comprise approximately-14-74911 1.61 acres, including approximately 94,2521Z acres within COJ and approximately 2644112,24,acres within COAB. E. Within the"Club Site"parcel as shown on the Conceptual Site Plan will be located a clubhouse and recreational amenities,which may include pool,cabana/clubhouse,pro shop(s),henith/exercise facility,offices,tennis courts, other recreational court(s)and/or field(s), JA}C\1/3391 91739028_S 1 .2- AGENDA ITEM#7E AUGUST 12,2013 parking,storage, and similar facilities. The clubhouse and recreational amenities will comprise approximately 634 acres,including approximately 0.00 acres within COJ and approximately 6,74 acres within COAB. 1?. The"Club Site"parcel as shown on the Conceptual Site Plan includes a parcel of 1.1.2 acres(RE# 172000-0000)which is located in COAB,currently zoned RS-L, and used for single family residential use. That parcel either will be incorporated into the clubhouse and recreational amenities use or will continue to be used for single family residential use consistent with the RS-1,zoning district in the COAB Zoning Regulations. C. As shown on the Conceptual Site Plan and as described further below,structures for vehicular access(secured gate and/or gatehouse)may be located at the entrance to the development at Dutton island Road last, Strictures for golf cart access (such as bridges or shelters)also may be located throughout the development. The development also will include roadways,stormwater facilities,and other related facilities and infrastructure. The roadways and other supporting facilities and infrastructure will comprise approximately-10.4-5,11.88 acres, including approximately 9:089.43 acres within COJ and approximately 17-34Z.0 acres within COAB, III, PERMITTED USES: DEVELt7IMENT CRITERIA. This section of the Written Narrative addresses the following items: Permitted Uses and Structures,Permitted Accessory Uses and Structures,Minimum Lot Requirements (width/density/area),Maximum Lot Coverage by all Buildings and Structures,Minimum and/or Maximum Yard Requirements,and Maximum Freight of Structures. A, Single Family Residential. 1. Permitted rises and structures. a. Single family detached dwellings. b. Essential services,including water,sewer,gas,telephone,cable, radio and electric, c. I-Tome occupations subject to the conditions in Section lll,0. S below. ci. Courtyard Lots described below which are adjacent to the golf Course,permitted uses may include units for daily/overnight rental; provided,however, (1) That the maximum number of Courtyard Lot units which may be used for daily/overnight rental is four(4)units located within the same courtyard lot configuration, (2) All such units shall he owned by the same entity,which shall be the owner/operator of a hospitality business,such JAX417.11419175901$ Kl ..3_ AGENDA ITEM a 7E AUGUST 12,2013 us hotel(s)or resort(s), and shall be managed by an entity with office(s)in Duval County.. (3) All such units shall he subject to the restrictive covenants described below. 2. Moximton total rruonber of residential units: ao72,011, 3. Lot r equir•erents. As shown on the Conceptual Site Plaid,lot requirements within the development will vary. The lot requirements are set forth below, 4. Membership in club; All owners of residential lots within the development shall be members of the club, 5, Single Funfily--80'(89')Lots:Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum ycivd requirements, and Maxirrurrrr height of sf,ruceu e far each Single Family use. a. Minimum lot requirement(width and area), The minimum lot requirement(width and area)for single family uses is: (1) Width—Eighty($0) feet. (2) Ares-8,000 square feet. b, Maximum impervious,girt face. Sixty-five(65)percent. c. Rlinirnnm yard requirements, The minimum yard requirements for all uses and structures(as measured from the wall of the s tructurc)are: (l) Front—Twenty (20)feet from face of garage to back of right-of-way and fifteen(15)feet from building face or porch to back of right-of-way; except corner/double- frontage lots,for which the non-address fi'antlside minimum yard shall be ten(10)feet from garage or building face to back of right-of-way. (2) Side—Five(5)feet,provided that the combined side yards shall not be less than ten(ID)feet. (3) Real-Ten(10)feet. d. Maximum height of structure, Thirty-five(35)feet. F, Sinide Family—my-79')Lotx Minimum lot requirement(width and area), Lot coverage by all buildings, Minimum yard r'equir'ements, and JAX4i 13011 J753?a2' ,81. -4- AGENDA ITEM k 7E AUGUST 12,2013 Maximum height n,f'str•uctrrr•e for each Single Family use. a. Minimum lot reglrir wuent(width and area), The minimum lot requirement(width and area)for single family uses is: (1) Width—Seventy(70)feet. (2) Arcs 7,000 square feet. b. Maximum Impervious.sw,face. Sixty-five(65)percent. c. Minimum;wet reriuiremwnls. The tttia►imuar► yard requlremenis for all uses and structures(as measured from the wall of the,structure) are: (1) Front—Twenty(20)feet from face of garage to back of right-of-way and fifteen(15)feet from building face or porch to back of right-of-way; except corner/double- frontage lots,for which the non-address front{side minimum yard shall be ten(10)feet from garage or building face to back of right-of-way, (2) Sick'°- Five (5)feet,provided that the combined side yards shall not be less than ton(10)feet, (3) Rear—Ten(10)feet, d. Maximum height of structure, Thirty-five(35)feet. 7. Single Famllv--60Y-69 1 Lots: Minimum lot requirement(width and are), Lot coverage by all buildings, Minimum yard requirements; and 114aximuin height of,slrrtcttrre foi each Single Family use, at. 114lnimtmi lot requirement(width and area), The minimum lot requirement(width and area)for single family uses is: (1) Width—Sixty(60)feet. (2) Area-6,000 square feet. b. Maximum impervious=face.face. Sixty-live(65)percent. c. Minimum yard requirements, The minimum yatd requirements for all uses and structures(as measured from the wall of the structure) arc: (I) Front Twenty(20)feet from face of garage to back of right-of-way and fifteen(15) feet from building face or porch to back of right-of-way;except corner/double- JAM IWV19i759DRUI -5- AGENDA ITEM#7E AUGUST 12,2013 frontage lots, for which the non-address front/side minimum yard shall be ten(10)feet from garage or building face to back of right-of-way. (2) Side—Five(5)feet,provided that the combined side yards shall not be loss than ten(10)foot. (3) Rear—Ten(10)feet, d. Maximum height ofstr•rtclure. Thirty-five(35)feet. S. Single Familp--55'(-59' Lois. 1�firrirrrrrm lot requirement (width and area), Lot coverage by all buildings, Minimum yard requirements, and Mnxlmnrnr height of structure ucture for each Single Family use, a. Minimum lot requirement (width and area). The minimum lot requirement(width and arca) for single family uses (1) Width—Fifty(55)feet. (2) Area-5,500 square feet. b. Maximum impervioussurface. Sixty-five(65)percent. a. Minimum yard requirements. The minimum yard requirements for all uses and structures(as measured from the wall of the structure) are: (1) Front—Twenty(20)feet from face of garage to back of right-of-way and fifteen(15) feet from building face or porch to back of right-of-way;except corner/double- frontage lots, for which the non-address frontlside minimum yard shall be ten(10)feet from garage or building face to back of right-of-way, (2) Side Five(5)feet,provided that the combined side yards shall not be less than ten(10)feet. (3) Rear—Ten(10)feet. cl. Maximum height ofstr•curie. Thirty-five(35)feet. 9. rt nrr1,5"irr le Family Lois:Mtntrrtuwn lot requirement(width and area), Lot coverage by all buildings, Minimum yard requirements, and Maximum height of strttet ure for each Single!Family use. a. Minimum lot requirement(width and area), The minimum lot requirement(width and area for single family uses is: DOCti 33919175�i028 A,i -6- AGENDA ITEM# 7E AUGUST t2,2013 (1) Width—Fifty(50)feet. (2) Area-4,000 square feet. b, Maximum lrtrperviotrsstrrfrce, Sixty-five(65)percent, c. Minimum yard r°eeruirements. The minimum yard requirements for all uses and structures (as measured foam the wall of the structure) are: (1) Front—Twenty(20)feet from centerline of private access driveway,ten(10)feet from public street right-of-way, and ten(10)feet from building face or porch to lot boundary. (2) Side—Five.(5)feet, (3) Reap---Ten(10) feet, d. Maximum height of structure, Thtrlyfi►'e (35)feet. e. Thematic plan. Attached as Exhibit_is a thematic plan depicting a potential lot layout for the Courtyard Lots, Lot and access configuration may vary from the thematic plan. 10, Patio%. Patios, including screened patios(without a structural roof), outdoor dining,terraces, courtyards,or similar exterior structures shall be permitted for each unit and may be located within side or rear yards but shall not be located within five(5)feet of any property boundary, 11. Mr,xi warp Heights. Maximum heights shall be subject to Article XIV, Section 59,of the Charter of the City of Atlantic Beach and the definition of"height"as provided in the CD1tB Zoning Regulations. 12, /ivy c,vJnus snrltr_ce de inition. As used in this PUDISPA Written Narrative,"impervious surface means: those surfaces that prevent the entry of water into the soil. Common impervious surfaces include,but are not limited to,rooftops,sidewalks,patio areas,driveways,parking lots, and other surfaces made of concrete,asphalt, brick,plastic,or any surfacing material with a base or lining of an impervious material. Wood decking elevated two(2)or more inches above(he ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious.Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that sturinwatcr shall not be considered impervious areas. Swimming pools shall not be considered as impervious surfaces because of their ability to retain additional rainwater, however,decking around a pool may be considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving JA".4t1711W14,1'j±9112N. K] .' - AGENDA ITEM H 7E AUGUST 12,2013 systems shall be calculated as fifty(50)percent impervious surface, provided that no barrier to natural percolation of water shall be installed beneath such material.Open grid pavers must be installed on a sand base, without liner, in order to be considered fifty(50)percent impervious. Solid surface pavers(e.g.,brick or brick appearing privets as opposed to open grid pavers)do not qualify for any reduction in impervious area, regardless of type abase material used 13, RS it--COAB Pared of 1.12 acres(R.L#172000- 0001 As described above,as an alternative to the Clubhouse/Recreational Amenities use described below,a COAB parcel of 1.12 acres(REP I72000-00O0)may continue to be used for single family residential use consistent with the RS-I,zoning district as described in the COAB Zoning Regulations. IL Clubhouse/Recreational Attenities% 1. Penntlfed uses and str°uclures, aa, Clubhouse(mesimum of30,000 sq. ft.)and recreational amenities, which may include pool,cabanalclubhouse,spa,saunas,pro shop(s),health/exercise facility, offices,tennis courts and associated lighting and fencing,other recreational court(s)ondlor field(s)and associated lighting and fencing,storage,and similar facilities. la. Outdoor social events,including parties,weddings,and holiday events,with associated uses including outdoor service of food and beverage,including alcoholic beverages, outdoor music,fireworks,and similar activities, c, Sale and service of food and beverage,Including alcoholic beverages. d, Retail sales of recreation-related items at pro shop(s). o. Golf earl maintenance and/or storage. f Gssential services,including water,sewer,gas,telephone,cable, radio and electric, 2, Itifininium lot r.eguiremcni. Four(4)acres 3. Maximum impervious swim, eighty-five percent(85%), 4, Minimum yard r equlr mends.'i'he minimum yard requirements for all uses and structures(as measured from the wall or the structure)are: (I) Front—Twenty(20)feet, (2) Side—Ten(I O)feet,or five(5)feet with buffer as provided below, rnxrm 3acnom xi -8- AGENDA ITEM#7E AUGUST 12,2013 (3) Rear—Ten(10)feel, or five(5)feet with buffer as provided below. 5. Maximum height of'structrrre. Maximum heights shall be subject to Article XIV,Section 59,of the Charter of the City of Atlantic Beach and the definition of"height"as provided in the COAB Zoning Regulations. 6. itecreational use buff rs and lighting. The tennis courts,pool/cabana,and other outdoor recreational court(s)or fields)shall be buffered with a minimum 5-foot wide landscaped buffer from the Property boundary. This buffer shall he planted and maintained with shrubs or trees that provide an opaque vegetative buffer. Buffers as required above may include fences or walls,provided that no solid fence or wall within any such buff r shall exceed eight feet in height. This height limit shall not apply to the types of fencing customarily used to enclose tennis courts. Lighting in any location shall be directed away from residential dwellings, and no tennis courts in any location shall be lighted later than 10:00p,m. C. Gall Course. 1. Permitted uses and structures, a, Golf course,practice facilities and associated lighting and fencing, related structures(bathrooms,food,drink,etc.),"starter"or"half way"houses orshclters/stops,maintenance facilities,and similar uses. h, Golf cart maintenance rnd/or storage. c. Sale and service of food and beverage,including alcoholic beverages,at"starter"or"halfway"houses or shelters/stops or from service carts. d. Essential services,including water,sewer,re-use,gas,telephone, cable,radio and electric, 2. Minimum tot requirement 'width and area). None. 3. Mrrxr'rin1r111 lot coverage by rill but/dim, None. 4. Minimum yard requirements. None, 5, Maximum height of structure. None, D. Accessory Uses and Structures. JAX'.a3 QI917.91u10t -9- AGENDA ITEM#7E AUGUST 12,2013 Accessory uses and structures ate permitted if those uses and structures are of the nature customarily incidental and clearly subordinate to a permitted principal use or structure and those uses and structures are located on the same lot(or contiguous lot in the same ownership) as the principal use. Whether attached or detached to a building or structure containing the principal use, the accessory structure shall be considered as a part of the principal building, Accessory rises shall not involve operations or structures not in keeping with character of the district where incated and shall be subject to the following: 1. Accessary uses shall not be located in required front or side yards except as follows: a. Detached accessory structures such as carports,covered parking,or garages for vehicles or golf carts which are separated from the main structure may be located in a required side or rear yard but not less than five(5)feet from a lot line. If bonus rooms pre located above such en accessory structure,then such structure also shall be not less than five(5)feet from a lot line, The total number of buildings on any lot zoned for single-family use shall not exceed three(3)including the principal use structure,detached carports/perking/garage,and any other detached building. b. Air conditioning compressors or other equipment designed to serve be main structure may be located in a required side or rear yard and may be located not less than three(3)feet to the property line. c. Swimming pools and associated screened enclosures(without a slructutal roof)may be located in a required roar or side yard but may not be located less than five(5)feet from the property line or top of the bank of a pond„whichever is applicable. 2. Accessory uses and structures in a residential district shall include noncommercial greenhouses and plant nurseries,servants'quarters and guesthouses,private garages and private boathouses or shelters,toolhouses and garden sheds,garden work centers,children's play areas and play equipment,private ball courts,private barbecue pits,outdoor fireplaces, ornamental pools, gazebos,and swimming pools,facilities for security guards and caretakers and similar uses or structures which are of a nature not likely to attract visitors in larger number than would normally be expected in a residential neighborhood. Any structure under a common roof and meeting all required yards is a principal structure. The maximum height of an accessory structure shall not exceed twenty-five(25)feet. 3. Land clearing and processing of land clearing debris shall be accessory uses;provided,however, land clearing debris may be processed only in conformity with applicable fire codes and other chapters of the applicable code to the extent those chapters are applicable. JAXIII7349«17. l2LKr -1 tt- AGENDA ITEM#7E AUGUST 12,2013 4. Essential services(utility systems)shall be allowed as a permitted use subject to the following conditions: a. Central water systems,sewerage systems,re-use systems,utility lines, and easements shall be provided underground and in accordance with the appropriate sections of the code, 5, Home occupations shall be allowed subject to the following conditions: a. The use of the premises for the home occupation shall be incidental and subordinate to its use for residential purposes by its occupants and shall,under no circumstances,change the residential character thereof. b, There shall be no change In the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, c. There shall be no equipment or process used in the borne occupation which creates excessive noise,vibration,glare,fumes odors or electrical interference detectable to normal senses off the let. d. In the case of electrical interference,no equipment shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises. E. Access, l, Access will be provided as shown on the Conceptual site Plan via Selva Marina Drive and Dutton Island Road East, 2. Golf cart access may be provided to adjoining properties pursuant to private access agreements. 3, The location and design of the access at Selva Marina Drive shall be subject to the review and approval of the WAi Planning and Zoning Department and Public Works Department. A. The location and design of the access at Dutton Island Road past shall be subject to the review end approval of COAB. Within the existing right-of- way,Dutton Island Road East shall be improved to a minimum pavement width of twenty feet(20')to the specifications directed by COAB Planning and Zoning Department and Public Works Department. Pedestrian and vehicular access nt Dutton Island Road east shall be secured inside the Property to limit access to residents of the development within the PUD/SPA,eonunercial traffic to and from the JAX117.01)11115?}i11N_�Sm -11- AGENDA ITEM t,7EE, AUGUST 12,2013 ClubhoriseiReereational Amenities uses and Golf Course uses,and construction traffic for development within the Pun/SPA. Structures for vehicular access[secured gate(s)and/or gatehouse,mail kiosk,community bulletin board,etc.]may be located at the access inside the Property.. 5. All internal roads will be dedicated public streets,designed to COJ specifications,and dedicated to the Calf or COAB except(i)the portion of the internal roadway system connecting the system to Dutton Island Road East and (ii)internal driveways into Courtyard Lots as described above, which may be art approved private road with access easements for permanent access to the residential units. 6. The eonfIguration and design of the internal road system,including roads, any traffic circles,and intersections,shall be subject to the review and approval of the COAB Planning and Zoning Department and Public Works Department. Features which will be permitted include: Miami- type curbing on landscape islands and other appropriate locations;sixteen foot(16')pavement width at appropriate locations for traffic calming; and brick pavers,stamped concrete, or stamped asphalt al appropriate locations, The internal roadway system shown on the Conceptual Site plan is schematic only and may be subject to realignment prior to development,due to site engineering or other factors,without amendment or modification of the PUD/SPA, F. Signage. 1. Community identification monument signs will be permitted within the Property at the access points to the PUD/SPA at Selva Marina Drive and at the terminus of Dutton Island Road East. These signs shall not exceed eight(8)feet in height and thirty-two(32)square feet in nice(each side) excluding border and columns,may be two sided and externally illuminated, and may identify the club,golf course,and residential uses. Alternatively, these signs may be designed us entry towers, 1,2,3 or 4 sided(or cylindrical),an a maximum of thirty-two(32)square feet per side excluding border,base or foundation,and lower cap,a maximum of twenty-four(24)feet in height, The entry towers would be architecturally consistent with the clubhouse and chili facilities. 2, Existing signagc for the club at the intersection of Solve Marina Drive and Seminole Drive may be redesigned and updated for the club,golf course, and residential uses,and continues to be maintained by the Country Club. The sign may be externally illuminated. 3, At the Clubhcusefltccrcational Amenities and the Golf Course,wall signs are permitted and shall not exceed ten(10)percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights-of-way. In addition to wall signs,awning signs are permitted JAX11 73341117591128- i -12- AGENDA ITEM 1,7L AUGUST 12,2013 and shall not exceed ten(10) percent of the square footage of the occupancy frontage or respective sides of the building facing the public rights-of--way;provided, any square footage utilized for an awning sign shall be subtracted from the allowable square footage that can be utilized for wall signs, Under canopy signs also are permitted. One(1)under the canopy sign per occupancy is permitted not exceeding a maximum of twenty(20)square feet in area per side;provided,any square footage utilized for an under the canopy sign shall be subtracted from the allowable square footage that can be utilized for wall signs. 4. Directional sign:indicating activities,buildings,common areas,and other features within the Clubhouse/Amenities and Golf Course uses will be permitted. The design of these signs should reflect the character of the use identity signs and may include the project logo and name. For predominantly vehicle directional signage,such signs shall be a maximum of four(4)square feet in area per sign face. For pedestrian directional signage,such as privately maintained"informational side walk kiosks", 1, 2,3 or 4 sided or cylindrical),such signs shalt be a maximum of twenty (20)square feet per side and a maximum of twelve(12)feet in height. All Vehicular Control Signs shall meet the requirements of the Manual on Uniform'1'raffic Control Devices;privately maintained street signage with with decorative post(s)and finials are permitted. 5. Real estate and construction and temporary signs are permitted. Signs of a maximum of thirty-two(32)square feet in area and eight(8)feet in height for model homes also shall be permitted. 6. Because all identity and directional signs are architectural features intended to be compatible with and complimentary of the buildings in the PUD,they may be located in structures or frames that are part of the architecture of the project. Accordingly,sign area for all such signs as well as wall,awning,and under the canopy signs,shall be computed on the basis of the smallest regular getrrnetric shape encompassing the outermost individual letters,words,or numbers on the sign 7. Banner signs may be permitted pursuant to Section 17.33 of the COAB Ordinance Code. 11. Signs required by environmental permitting to be posted in common areas such rrs stormwater facilities shall be permitted. G. Constrrstion offices/model hemes/renl estate sales. 1. On-site,temporary construction offices/model homes/sales offices/club" membership marketing will be permitted until build-out. Real estate sales activities and club membership marketing am permitted within model homes. Associated parking for sales activities is permitted adjacent to JAX1t731919!1t' r2L J -13- AGENDA ITEM#7E AUGUST 12,2013 model)tomes, Upon the approval of construction plans for the infrastructure improvements for residential development within the PUD/SPA,the Applicant may seek and obtain building permits for the construction of up to twenty percent(20%)or the residential units prior to the recordation of the subdivision plat(s) for the residential lots. 1I. Landscaping and Tree Protection. For the Single Family Residential and Golf Course uses,tree protection during development will be governed by Section 656.1204 et seq. of the COI Zoning Code, Landscaping will be governed by the design standards in Section 24-176 et seq.of the COAB Ordinance Code. In tree protection efforts and lundscrrping design,maintenance of existing trees or re-planting of trees on site shall be preferred to mitigation. For the Clubhouse/Recreational Amenities use,landscaping and tree protection will be provided in accordance with Section 24-176,et seq. (landscaping)and Part 11, Chapter 23 (tree protection),COAB Ordinance Code. 1l. X'rrrlcinn. Por the Clubhouse/Recreational Amenities and Golf Course uses,parking shall be provided in accordance with Sections 24-161 and 24-162, COAB Ordinance Code. J. Sddewivalks/Pecicsstrian Circulation. For the Single Family Residential and Golf Course uses,sidewalks and pedestrian circulation will be provided in accordance with the COI Comprehensive Plan and Code of Subdivision Regulations. In particular locations,sidewalks may accommodate golf carts. As provided in Section I I.i .4 above,pedestrian access to Dutton Island Road Bast may be secured. For Clubhouse/Recreational Amenities uses, sidewalks and pedestrian circulation will be provided hi accordnnce with Part II,Chapter 19,COAB Ordinance Code. K. Restrictive Cants. Restrictive covenants will be recorded prior to the sale of Single Family Residential lots to provide for thematic consistency and for the review of individual building plans by an architectural review hoard. L. ()w_ners'Association An owners' association will be established to maintain common areas. M. Golf Cart Usage and Circulation, anx�� �� t7 st -14- AGENDA ITEM#7E AUGUST 12,2013 Notwithstanding any COd or COAB Ordinance Code provisions to the contrary, golf carts may be used on all internal roadways and sidewalks within the PUT]/SPA. Unless otherwise lawfully permitted,no golf cart shall be used on Selva Marina Drive. N. Nurplemeirtary Reaulatioris. For the Single Family Residential and Golf Course cases, to the extent not otherwise addressed herein,any matters addressed in Part 4,Subpart l3 "Miseeilaneous Regulations"of the C©l Zoning Cock shall be governed by such provisions. For the Clubhouse/Recitations! Amenities use,to the extent not otherwise addressed herein,any matters addressed in the Part II,Chapter 24,Article III, Division 7 "Supplementary Regulations"COAB Ordinance Code, shall he governed by such provisions.. 0. 1(e Develapnijett flat Total acreage 169.02 Auras Allowable uses,by acreage: Single Family Residential - Max, Acres •1-8020{1 ?444 units 39A') CCU-- 4,4`J COAR- Number and Type of Dwelling 80' ruin, Mfn. Max, Units by Each Typo width 15 units 50 it ta• 70' min. Min. Max. width 10►Inilti 45 units 60' min, Min, Max. width 25 units ' 4o units 55' min. Min. Max. width 25 units 641 Hni Courtyard Min. Me 0 milts 65$.Q units rnx><r• + ut -15- AGENDA ITEM#7f; AUGUST 12,2013 Max 30 units SAM 339ln1.7_3902$.al -16- AGENDA ITEM#7E AUGUST 12,2013 Clubhouse/Recreational Max. Acres Amenities 6.74 02) CCU-- Sq ft. 0.00 COA13- Galf Course Acres 1 1 Cc7-- COAB- 26.14,, 9.94 ['otal amount of active recreation 4-24,-1-3,118,35 saes Total amount of passive open space 0.0 acres Amount of public and private right-of-way or.45ilsi acres Maximum impervious surface Single Family Residential 65% Clubhouse/Recreational Amenities 85% IV. ADDITIONAL SECTIONS REQUIRED BY CITY OF JACKSONVILLE A. Pre-application conference, A pre-applicutton confercnee was held regarding this application on March 7, 2013. II, .Justification for the 1PUD Rezoning. As described above,Selva Marina Country Club, Inc.was incorporated in 1956 as a for-profit corporation. The sole asset of the corporation is the Country Club, which consists of a private eighteen-hole golf course,clubhouse,tennis courts, and other recreational amenities. Membership in the Country Club has declined significantly over recent years,and the Applicant desires to undertake an extensive redevelopment of the golf course,including the construction of new single family homes,a new clubhouse,and other associated facilities and infrastructure. This redevelopment is essential to ensure the continued viability of the Country Club and, further,is consistent with the surrounding zoning and existing uses, anxu-7•491-91 ta2LP2b- 81 -17- AGENDA ITEM 1/7E AUGUST 12,2013 C. ITQ/Difference fi•orn Usual Application of tine Zoning Code The PUD differs from the usual application of the Zoning Code in the following respects: it binds the Applicant and successors to this Written Narrative and the Conceptual Site Plan;it provides for a mix of uses which are thematically consistent and compatible with each other;it provides for a single regulatory system which crosses two local government jurisdictions; it requires specific and unique yard and patio requirements;it provides for a unique Courtyard Single Family Homes concept;as to the Clubhouse/Recreational Amenities use,it provides specific and unique buffer requirements;for the Clubhouse/Recreational Amenities and Golf Course uses,it also specifically lists numerous permitted uses commonly associated with these uses but not otherwise listed in the Code;it provides for unique and site-specific access requirements;it provides for unique and site-specific signuge requirements;it contains unique and specific provisions regarding construction offices and model homes;it contains unique,cross- jurisdictional provisions regarding landscaping,parking,and sidewalks; and it contains unique provisions regarding restrictive covenants and golf cart usage. D. Permissible Uses b Excentionn. There are no permissible uses by exception. E. Continued Operation of Common Areas. Regarding the intent for the continued operation and maintenance of those areas and functions and facilities which are not to be provided,operated, or maintained by the City of Jacksonville or other public entity: it is the Applicant's intent for the Applicant or successor developer to operate and maintain these matters initially and,ultimately,for an owners'association to operate and maintain these matters in perpetuity. F. Approximate Dates of Phases Regarding phasing,construction of the horizontal improvements for the Single Family Residential and improvements for the Golf Course uses shall be initiated in approximately 21113-14 and be completed approximately hi 2014-15. Construction of single family residential units will be initiated when the market dictates and will be completed as the market dictates. Construction of the ClubhauseRecreational Amenities will be initiated when needed and feasible and will be completed within a reasonable time thereafter. 0, J'ain esaf Development Team Developer: Atlantic Beach Partners,LLC Planners and Engineers: Taylor&While,Inc. Architects: None at this time. JAM[7Waci7;9t!2 $l -18- AGENDA ITEM#7E AUGUST 12,2013 El. Laud Use Tfible A Land Use Table is attached hereto es exhibit"E®" Lorkt of pozi al -19- AGENDA ITEM#7E AUGUST 12,2013 Document comparison done by Workshare L)eltaView on Wednesday, May 22, 2013 3:48:56 PM input: - Document 1 InterwovenSIte:l/RTLAW-IMAN..CMS/JAX/1733919/8 Document 2 interwovenSite:11RTLAW-IMAN-CM5/J,AX/1759028/'l Rendering set standard Legend: Ins 4 MOVed ROD 1 _- - Moved to Style change Forma chsnc — Inserted cell Deleted cell Moved cell S lit/Mer ed cell — Padding cell Statistics: - _ Count s Insertions _ 29 Deletions 28 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 57 AGENDA ITEM#7E AUGUST 12,2013 TRAFFIC STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB f PREPARED BY: TRANSPORTATION PLANNERS ENTERPRISE, INC. JACKSONVILLE, FLORIDA • TPE JOB N0. 13-2654 DATE: MAY 20, 2013 • TRAFFIC STUDY FOR PLANNED • ATLANTIC BEACH COUNTRY CLUB Introduction The existing Selva Marina Country Club is planned to.be redeveloped into 200-single-family residential dwelling units and a complete redesign of the 18-hole golf course and clubhouse. Figure 1 shows the general location of the development. Figure.2 and 2A show aerial views of the area. ' • Figure 3 shows conceptual site plan. Traffic impact'is always a major concern with relatively large developments. Hence, this traffic study focuses on: • 1) the AM and PM peak hour traffic at: a)Selva Marina Drive and Seminole Beach'Road, b)Seminole Beach Road at the five-way road intersection with Plaza Drive and Sherry Road, • c)Selva Marina Drive at the main entrance to- the Country Club Golf Course,and d)Mayport Road at East Dutton. Island Road' which leads to the planned main gated entrance for the Atlantic Beach Country Club residential'development). • Transportation Planners Enterprise; Inc., .'1PE)' was retained to: 1) estimate the AM and PM peak hour traffic generation, 2) estimate the average trip distribution to adjacent roads during these peak hours and 3) determine-if any traffic safety and intersection improvements will be ,needed due to the development's traffic impact. • • • .2013 Ate and PM Peak Hour Traffic, TPE's initial major work effort was to conduct peak period traffic surveys at the above four mentioned intersections. •AM counts were made during 7:00-8:45 while PM counts were made from 4:00-5:45. The count at the present main entrance to the Selva Marina Country Club and Golf Course was made during 3:15-5:45 PM. . No AM surveys were made at the Country Club or at Mayport Road and Dutton Island Road. 1 • On March 13, 2013, TPE conducted 4:00-6:00 PM traffic counts at two key residential streets on Mayport Road at Dutton Island Rd. and at Levy Road/Donner Road. In addition, a traffic count survey was also completed at the Selva Marina Drive and Seminole Road intersection. It should be noted that traffic to and from the Chevron gas station and the Hardees restaurant at the corner of Levy Road is not included in the traffic results. Figure 4 shows the 2013 PM peak hour traffic data. A summary of the left and right—turns to and from Mayport Road for the combined two residential streets is given below: PM Peak Hour Inbound Traffic Outbound Traffic Traffic From North From South To North To South (4:30-5:30) volume 86 236 82 133 % of total Inbound traffic 26.7% 73.3% 38.1% 61.9% The PM peak hour during the two hour survey was- 4:30 - 5:30. A total of 322 inbound and 215 outbound vehicle trips to and from;:the two primarily residential streets represent an estimated 500-600 homes. These trip distribution results were used for the Atlantic Beach Country Club residential development traffic estimated to use Mayport Road. • Figure 5 shows the AM peak hour traffic at Selva Marina Drive and Seminole Beach Road. Traffic on Selva Marina Drive is relatively low with a total of 129 vehicles (93 southbound and 36 northbound). The level of service (LOS) is "B" or better. Seminole Beach Road traffic is much higher (610). However, the L.O.S. is satisfactory at "C." Figure 6 shows the PM peak hour traffic at Selva Marina Drive and Seminole Beach Road. The traffic count made on March• 13, 2013(see Figure 4) appeared low compared with TPE's traffic counts at the Country Club entrance 2 • • • . and at 'the Seminole Beach Road five-way•intersection at Plaza Drive and Sherry Road. Hence, TPE's 2007 PM peak period traffic count is •shown. This is. more• consistent with the above referenced 2013 counts. PM peak hour traffic on'Selva.Ma± na Drive totaled 161 (L.O.S. "B") • while Seminole Seach Road traffic totaled.'618 south of Selva Marina • (L.O.S."C").)..(See, TPE's count on Apr31.16.,. 2013 in Appendix-Figure 6A), • Figure 7 provides the.AAiril 10, 2013 7:30-8:30 AM peak hour traffic • • entering and exiting the five-way intersection of Seminole Beach Road, ; Plaza Drive and Sherry Road. '818'vehicles entered the intersection during • the AM peak hour. The primary movements were to and from Seminole Beath :Road and to and from North Seminole Beach Road and Sherry Road. % e TPE's. observation revealed very efficient traffic flow. (note - less • • ' delay time' than if a traffic signal was in operation.) Figure 8 shows the 4:30-5:30 PM peak hour traffic movements at the • five-way intersection. 847 vehicles entered and exited during the peak hour. Again the traffic safety•and flow•was very good. The highest vehicle back-up was 8-10 vehicles on Seminole Beach Road: southbound.' The end vehicle took about 45-50 seconds to enter the intersection. The estimated average "for all 847 vehicles was 12-20 seconds. • • • • ' Figure 9 shows the 4:30-5:30 PM peak hour traffic•'survey at the existing Selva Marina Country Club main entrance. During the 3:15-5:45 PM survey there were 33 inbound trip's-and 38 outbound vehicle trips. During the PM peak hour, as shown, there were 14 inbound and 26 'outbound vehicle trips. The expected • PM peak•hour•traffic generated by the' Planned Atlantic Beach Country Club clubhouse and golf course is expected to have slightly more trips than the existing Selva Marina Country Club. It is significant to note that nearly 20Z of the present outbound traffic uses Country Club Lane. • 3 • Estimated PM Peak Hour•Traffic Generated by Planned Atlantic Beach Country Club Development TPE used the Institute of'Transpottation'Engineers (ITE) trip generation manual to estimate the average weekday PM peak hour traffic expected by the development. The 200•single-family homes will average127 inbound and 75 outbound vehicle trips during, the PM peak hour according to ITE Code 210 (single-family detached housing) . During the AM peak hour, the residential units will average 38 inbound and1I2 outbound vehicle trips. The Country Club will be private and is expected to average 22 inbound and 28 outbound vehicle trips during the PM peak hour. Many of these trips are, expected to be made within the development (20%) . Hence, 18 inbound and 22 outbound vehicle trips • ' ' will leave or enter the golf course during.the PM peak hour. TPE assumes that only one-third of these trips will be "new" trips. (See Figure 14) . • These golf trips are expected to use the Selva Marina Drive access. This is the case at present. Figures 10 and 11 show TPE's trip distribution on'Mayport Road of the expected AM and PM peak hour traffic generated by.the development at build-out, • assumed by.Year 2016. In order.to b'e conservative', TPE assumed that 33% of • the residential development traffic. to and 'from the site. will use.Selva Marina • Drive. TPE'believes that it will be much lass' (e.g. 25%). The estimated PM peak hour residential development traffic (46 outbound and 79 inbound - see Fig. 11) is based on. TPE's traffic counts on Mayport 'Road, as mentioned' earlier. 26.5% of the total inbound trips or 21 will come from Mayport Road north and 73,5% or 58 will be from the south. The estimated outbound trips during the PM peak hour are 18 rights north onto Mayport Road and 28 lefts south onto Mayport Road. The- existing. traffic signal will be able to accommodate these'movements. ' Figure 12 shows the estimated new traffic along Selva Marina Drive at the. main entrance for the Country Club to Seminole Beach. Road. As mentioned above • • 4 • • most the existing Country Club golf traffic generated by Selva Marina will be included in the Atlantic Beach Country Club - golf traffic. However, TPE assumes there will be 6 inbound and 7 outbound "new" trips related to the new Country Club. As shown, an estimated 42 inbound and 25 outbound vehicle trips are estimated to be generated by the new residential development. Figures 13 & 14 show the. expected 2016 total traffic at the Selvn Marina Drive and Seminole Beach Road intersection. The Year 2013 traffic plus the estimated new traffic generated by the planned Atlantic Beach Country Club is shown. . Year 2007 (previous TPE study), Year 2013 and estimated 2016 traffic 1 . is shown below with and without the Atlantic Beach Country Club PM peak hour traffic. • ;t1 A summary of the estimated 2016 PM peak hour traffic compared to Year 2013 is given below: . Year 2016(1) Service Volume/', Year Year Without With Road 2007 2013(4) Development' Development L.O.S. . 1)Mayport ltd.(4-lane) (2) a)north of Dutton Island Rd. 2,912 2351 2628 2,649/C 4200/C b).south of Dutton Island Rd. 3,023 2674 2755 2,813/C 4200/C 2)Seminole Beach Rd.{2) a)south of Salve Marina Dr. ' 618 618 637 765/C 870/C 3)Selva Marina Dr.(2) 161 161 161 235/B 500/C Even with the development traffic, the above roads will not have traffic over • the capacity of the roadway. (1) assume 1% annual growth rate from 2013 to 2016 for non-development traffic (2) PM peak hour 4:30-5:30 5 Figures 15 & 16 show the 2013 AM and PM peak hour traffic and th• e estimated Atlantic Beach Country Club new traffic traveling through the five-way intersection at Seminole Beach Road and Plaza Drive. The •existing traffic distribution to and from North Seminole Beach Road from and to the other four roadways was used to estimate the development's traffic. During the AM peak hour the development will add 59 new vehicle trips • through the intersection or'an 'increase of 7.21%. The development's 71 new vehicle trips will add 8.38%to the existing 847 entering traffic during the PM peak hour. The increase in traffic will average about one vehicle per minute. Hence, the traffic impact will be very minor and is not expected to significantly increase the average delay time per all vehicles, [ Recommended Road Improvements for Planned Atlantic Beach Country Club Develgment�-__-__ • • The following road improvements are f-or the new residential development. ' (1) Construction of a 2-lane east-west roadway from the development westerly • to Mayport Road with a direct connection at the Dutton Tsland'Road traffic signal,. • A left-turn lane and thru-right lane at Mayport Rd. will be provided along with appropriate traffic signal modificationsh(e.g. cluster head, loops, retiming operation, etc.) Design and permit application will be submitted to the Florida Department of Transpprtation as well as the City of Atlantic Beach for review and approval. • • • 6 • 2) Construction of the development 2-lane connection to Selva Marina Drive using the southern main entrance at the present Selva Marina Country Club. For Selva Marina Drive; traffic safety control devices (e.g.- signs, pavement markings, speed limit signs, etc.) will be determined as needed for convenient and safe traffic . An improved northbound left-turn lane for access into the new clubhouse will be made. 3). The outbound right-turn radius on Selva Marina Drive will be improved and pavement striping may be provided to better separate inbound and outbound traffic. • Conclusion The planned• Atl.antic Beach Country Club development should be approved by the City of Atlantic Beach and other agencies as required for design plan approvals and permits. The expected traffic impact on.Mayport Road, Selva Marina Drive, Seminole Beach Road and at the Seminole Beach Rd. - Plaza Drive - Sherry intersection will 'be minor. • ovka ■ Ward Koutnik, President 7 Wayne L. Oehlman, P.B. FL 21434 • • 38 s o t Katherine,(Obey ,,, ,,o ffan:- f ark' :gsnisr; a ?P O\04Q�OR°vA LT • i , • ��RVTm� QR'IONEEfqD•: BR " 9St Ip Q Srp ST ��p. 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FIGURE 4 • • { q.3 "3 100 (t\- e-) „_ 0/, • it Cal • r 36 93 • • PEA K d T1 .?0nrv\ & (6--a.d C 3 i-153 t 57 TRANSPORTATION • .PLANNERS ENTERPRISE;, INC, i 2013 AM PEAK HOUR TRAFFIC 1'097q 6i109EWIQks ROAD JA0K60NVILI ,'FLORIDA 02266. FIGURE 5 (904)296-1704 • . . . . . „ •.... . , • I F.; \ . , . 511 40 14‘4 1 1:39; • ^ 4 4 it/ 1 t), „., . . . 2( ....'. tip .../. •. ...,.. • / ' , ( . -lb • . . , . . • • . t . . . „ 14 DAS' • '313 • _ . 55°0 PA,_ 1.- -3----0-7 • 4 Trm : 0 AtE • E . . • . TRANSPORTATION • 2013 PM PEAK HOUR TRAFFIC ( PLANNERS ENTERPRISEi, INC, 4 _ i • 1.0715f aROi$W10 •ROAD - JAOKEIONV1LLE, FLORIDA 02266. /04 (904) 296-1 FIGURE 6 . • . f, , s(----- -E-::,- z . , _ ,:...„4„ . . , , • t 3y a3 I I$ , . 4 6 ) \,,,?6 '..__, je . i W 7 (-1-1 7 , Lig (V r O �� �rVI9 t5+ 3 0 C i itiG--- 6.14,4--Tz —41 - 404 _--r. qo 11 as ----hi. I9 8 5l— . P f. 0 Ii u ti7a nct ° li.) . is -1 . .. ,,. i g cw .b,) . • ME 1 TRANSPORTATION 2013 AM i gp $'30.A m : y.._,1 6.,13 CANNERS ENTERPRISE;, INC, PEAK HOUR TRAFFIC �� cons!ORO65WIORS Raab JAOK90NVILL6, FLORIDA 32266, (904) 296-1704 FIGURE 7 r s . . . ._. . • . ,_ . .2 ct . . • . s. I, , . . t •• ty, . ilt st. . .. . f y • / , . ......, . , . . , ). . ,_,,i't • • .a.% .11 015 Au `1. o 444--------:'115 0‘.....1):„...„...,211)I, . X56 °II; pZ '"--- --jr. so y 4 ba 1 ,� \ t.:43 .. z w- • t6-a '4'.034 P f. • L • 1 • `1 • ' ti; . • . . Cte.p,J• ' * TRANSPORTATION 2013 PM '9 3d s o p iA �1-!6-» 'LANNERS ENTERPRISE;, INC, T 7077q 6pQ sWtoks AaAto PEAK HOUR TRAFFIC TIM MTE JAOKRONVILLE FLORIDA 022,66, t !T (904) 296-1794 FIGURE 8 • r . . edo V W YI 1 ct7'ugttr"" , ..., . Gey4 62rtv\O, . • it ' IG 5a ANIS a6 G o • ( G '•=- tetcttomittulo * d4.I C' f CtIV4'N'tea *5G ro .ext . Rat► ab�'+53 1aG+bT 3 . . ir"---"----1 'F-6 L . Qt{ 400_' 3 1: p• A a a 1' 13 . . TPE , . ( TRANSPORTATION , 13 Ma t46'&41.11 .PLANNERS ENTERPRISE;, INC, t 1'©n$6FloSew10}ts pgAb 4St . V ' . JAOHBONVILL6, FLORIDA 02256 FIGURE 9 It— (904) 296-110 • MAYPORT RD. . . - 37..E : • , i ., • i TO SELVA MARINA DRIVE FROM SELVA MARINA DRIVE . 4.. la • - DUTTON ISLAND RD.. ti • (7) . • a ) . • • Am PEAK HOUR TRAFFIC • IN " 38 OUT II .. • • y • • • • • TRANSPQRTATbN 2016 AM PEAK HOUR 'TRAFFIC .(: ) . • ..,_ . . . . 'PLANNERS ENTERPRISE• INC, ATLANTIC BEACH COUNTY CLUB • • JACKSONVILLE, FLORIDA 022b6 : • (904) 296-1164 FIGURE 10 • MAYPORT RD. . - • ` '�:---;..- . ::..•-" TO SELVA MARINA DRIVE • • FROM SELVA MARINA DRIVE . ., 4- la _ ry• • - DUTTON ISLAND RD... - : • (aa) • . . . .440.: • - • • • f i7 . . Vo.... . ' (5'3) (a6) • • .. IQ ) AM Pia HOUR TRAP- RAFFIC • • • IN • 38 'OUT I I a,. . I • • J . f. g . T ►N�PQRTATION • '2016 AM, PEAK HOUR TRAFFIC • • .PLANK,ct NS ENTERPRISE; INC, ATLANTIC BEACH COUNTIY CLUB. • • io;r7a(itori wloks Road •OKBONVILLI,FLORIDA 82286 JA FIGURE 10 (904)296-1784 MAYPORT RD. • • { ' ' TO SELVA MARINA DRIVE • ' FROM SELVA MARINA• DRI . , r1-{ • • CouN1-I y . • DUTTON ISLAND RD.. .11;A8/GbLE" •. (al) (6) .�- ,...I•:.ill),Illlipr. • . . . . . agA . ' ile. ' ' . . , (Ll6) (as) - *°01►(79.) •• PM PEAK HOUR TRAFFIC IN 1.47 • • • OUT • • • • • • Mr' eipil• r : , . (-1/4 )- . : i 2016 PM PEAK HOUR TRAFFIC • TRANSPORTATION PLANNlRRS ENTERPRIS,E;, INC, ATLANTIC. BEACH COUNTRY CLUB 1077if 601,ij6Wi0k8'ROAD •' • JAOKBONVILIA FLORIDA 022,66 z FTGU&E 11 • (904)296-1/04 ATL9NTIC BRACH s couNTR•Y• CLDBC raj --tea I � x .x.„„ , • 4../ • .t...,..,. .... • . ... . . . ,14 ,,,,, . 4-,_ . .. . „., . . • 0'4,44.4 . o 4 4 .,... ,.. ... :- .J .. . . . . . • . . 1 , . .,,.. .N ' . . . . . • . ok, e.�. 1 PJJ L.e.GEt-i D , • r. , • • • . . . (_(:)) 6.44T: . , . . dui(4.444 ,u4 • •% . . • , . . r .o. TRANSPORTATION ' ^TANNERS ENTERPRISE; INCA 201'6 PM PEAR HOUR TRAFFIC _ ,or2r, OIIQO WIOka MAD kATLANTIC BEACH COUNTRY CLUB d4OKEIONVILLE, FLORIDA D2266 FIGURE 12 (904) 296-1704 -° . . • • i ts-, *( ..) • q3 ;ri-\... - • , 14(4,...0) . .4,‘N • , r • . • / i.nt IDA ' 14 , . • • 37`*+(a lLEGEND 6 • 2013 PEAK HOUR TRAFFIC - � . NW REIDENTIAL TRAFFIC (A) COUNTRY CLUB -- GOLF TRAFFIC . ' TP ION l`it it . ,. . :PLANNED ENTERPRISE; INC, i twit"611914W1003 ROAD . dAaKSONV1LLE, FLORIDA OR2.56 4153 i 5 (i►O�t) St96-1Xb4 .. i-.3.74-'4.(3.) 1-is 4(e1) • ESTIMATED TOTAL. 2016 • FIGURE 13 AM PEAR HOUR TRAFFIC . • ATLANTIC BEACH COUNTRY CLUB TRAFFIC -------------- _ ,,,„__. . • * ....... • . . I . -t-lat:6) ..,• ,fs• • 1 .. . , .. ,„ . ,••• • ,51 +14. .-141) x . . , .. • • ' 6:f . . re,;„•, 'a*._4-(0 ' '• ' . • / . • . • • . . • • 1Y ZtO • • . • . • . / y.. ',(11:) • . . • .( . '394 • ' —76 4t4o LEGEND +.(4) 13 2013 PEAK HOUR TRAFFIC , 40* ' NEW RESIDENTIAL TRAFFIC . . . (q) COUNTRY CLUB -. GOLF TRAFFIC • . . , . . . , . . . . . . . , * / X • aq5 ' '.. .313•+,140 1. +0 • ..1- .3*4-61 , . • . ..t .... . • ,• - TRANSPoR TpTATION ESTIMATED TOTAL 2016 . . . • ' .. 41,LANNR, E.N/ERPRISEi 1Nc, I. PM PEAK HOUR TRAFFIC .. FIGURE 14•• Jltp rukmmtaks wcuit, JAiNISONVILL4 FLORIDA 3456. •(91)40 14-1/04 • .. .,. __.... • . . . . T .. . • .(----, .:, .... , •,. z ,., • . _ \ . , . . -0.... • . F 3W aZ I i$+Cb . ) il\,..„,, ,, ,,........- /1 + co.) • ..., ,: o d.I., 7 ii:( ( ® . '' AO Lis 6 ' • x19Jr(a°) IV !° �.. +(la} b� '„---- $+ (/ ..„.... ...............____---- ""--... -7.1b3 li."1)'"'"'" • ' , . 46")"<11V-1\41<.e k.(S CO -''--� tog +(►g) • s V.__ .2 • P f . TOTAL TRAFFIC IIVTERTN6 INTERSECTION S^;' II • 818 Ali FEAR HOUR (a013) V' . NEW TRAFFIC ADDED •BX "1 ATLNTa BEACH CUTR CLUB t10 1`l9 +(5) a 4 1 5 . 9 (+7.al;Z) '' �) , • 4 • • . . .._. . . at., . . . . . . . . l ,IANSPORTATION ESTIMATED TOTAL 2016 PLANNERS ENTERPRISE& INC. 4 ' • loni. Cggnsmoks t QAD '' AM PEAK HOUR TRAFFIC FIGURE 15 JACK8OkV1LLE, FLORIDA 982,56• (904)296-1704 . , •. •• ---------------.. ., •• . ,.._ • . , . • _... . ‹....i.----.. g • • . ct .. . . 2 . . . , . . . .• % . . . . . . .. IF , • t •• . 03 , • (11 5% . , . - . c.../ 0 • rt.a..1 40) ,• • -114.0.,) . . • W.• I at •11 A4-6 / , , I _ .....* ' \ • e g.`16° . l . „ , IlliDI:":1) • .k .( ”.. a..ot #0.1) • tzg...,........... .,_-4 . 2,......c_........_77......44•400 , • ii.5,5____,:„. , se...61\4:14e g•tti444t.'" . ilitcm.'g' ...„--ir• . I'd: p 47+ ' Ira ‘ 51)4 4t40). . . 45° teaf04-kild• . . . ite.Vithl • . • ,...„0 • . • • ,. 1 P ite: 1 loA15 P +( a .a: LI. 9/ • • Isi • !OTAL it AFFIel*TERING INT (el •ERSECTION ' . 847 PM PEAK HOUR 0,01.3) i • - 1.11 .4 ' ii....•fEW TRAFFIC ADDED ,BY . • • . • 0 =Aram BEACH COUNTRY am v: .. 1 1 (4,8,S1?z) • . . . .,,. . i . . . .• . .:g. . • . . . . . 1 ( RANSPORTATION ESTIMATED TOTAL 2016 - PLANNERS ENTERPRISE,. !NO, . :', .--4- . • FIGURE 16 -,------7--:-----,#.+7..„ VA o PEA HOUR TRAFFIC • fnt 091115WICA•03 lielAb. ' "'7.-• K dicixsoNvitte,-FLORIDA 0246, • (.904-.) 296-11II4 • • . • - . '. 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Q '1 Hill t ' M�.1 � � @ - . i 11 tti4 114) 0 I* Is 1 IN OW 114,1 tN9 WTI-0141 t1'4'1 1 N itil t %,30,74(Igo L4_16-13 TIME LATE T S LI RU��ro R TABLE 4 Generalized Peak Hour Two -Way Volumes for Florida's Urbanized Areas 10/4/10 • STATE SIGNALIZED ARTERIALS FREEWAYS Class I(>0.00 to 1.99 signalized intersections per mile) Lanes B C D E Lanes Median B C D E 4 4,000 5,500• . 6,770 7,300 2 Undivided 930 1,500 1,600 *** 6 6,000 8,320 10,150 11,290 4 Divided 2,840 3,440 3,560 *** 8 8,000 11,050 13,480 15,270 6 Divided 4,370 5,200 5,360 *** 10 10,000 13,960 16,930 19,250 8 Divided 5,900 6,970 7,160 *** 12 13,730 18,600 21,950 23,230 • Freeway Adjustments Class II(2.00 to 4.50 signalized intersections per mile) Auxiliary Ramp Lanes Median B C D E Lanes Metering 2 Undivided ** 1,020 1,480 1,570 +1,800 +5% 4 Divided ** 2,420 3,220 3,400 -_-. --• ------.___.. ..._-- ---_-___-- _.-- --._._._ 6 , Divided ** 3,790 4,880 5,150 UNINTERRUPTED FLOW HIGHWAYS 8 Divided ** 5,150 6,530 6,880 Lanes Median B C D E Class LIT/IY(more than 4.50 signalized intersections per mile) 2 Undivided 730 1,460 2,080 2,620 Lanes Median B C D E 4 Divided 3,220 4,660 6,040 6,840 2 Undivided ** 500 1,150 1,440 6 Divided 4,840 6,990 • 9,060 10,280 4 Divided ** 1,220 2,730 3,100 - Uninterrupted Flow Highway Adjustments 6 Divided 1,910 4,240 4,680 Lanes Median Exclusive left lanes Adjustment factors 8 Divided ** 2,620 5,770 6,280 2 Divided Yes +5% Multi Undivided Yes -5% Multi Undivided No -25% Non-State Signalized Roadway Adjustments BICYCLE MODE2 (Alter corresponding state volumes by the indicated percent.) (Multiply motorized vehicle volumes shown below by number of directional . roadway lanes to determine two-way maximum service volumes.) - Major City/County Roadways -10% Paved Shoulder/Bicycle Lane Other Signalized Roadways -35% Coverage B C D E 0-49% ** 310 1,180 >1,180 State&NMI-State Signalized Roadway Adjustments 50-84% 240 360 >360 *** (Alter corresponding state volumes by the indicated percent,) 85-100% 620 >620 *** *** Divided/Undivided&Turn Lane Adjustments PEDESTRIAN MODE2 Exclusive Exclusive Adjustment Lanes Median Left Lanes Right Lanes Factors (Multiply motorized vehicle volumes shown below by number of directional 2 Divided Ycs No +5% roadway lanes to determine two-way maximum service volumes.) 2 Undivided No No -20% Sidewalk Coverage B C D E Multi Undivided Yes No -5% 0-49% ** *4 480 1,390 Multi Undivided No • No ' -25% 50-84% ** ** 1,100 1,820 - - - Yes +5% 85-100% ** 1,100 1,820 >1,820 One-Way Facility Adjustment BUS MODE(Scheduled Fixed Route)3 (Buses in peak hour in peak direction) Multiply the corresponding two-directional volumes in this table by 0,6, Sidewalk Coverage B C D E 0-84% >5 >4 >3 >2 85-100% >4 >3 >2 >1 I Values shown are presented as hourly two-way volumes for levels of service and are for the automobile/track modes unless specifically stated.Although presented as peak hour two- way volumes,they actually represent peak hour peak direction conditions with an applicable D factor applied.This table does not constitute a standard and should be used only for general planning applications.The computer models from which this table is derived should be used for more specific planning applications.The table and deriving computer models should not 6e used for corridor or intersection design,where more refined techniques exist.Calculations are based on planning applications of the T3igliway Capacity Manual,Bicycle LOS Model,Pedestrian LOS Model and Transit Capacity and Quality of Service Manna],respectively for the antomobile/truck,bicycle,pedestrian and bus modes. a Level of service for the bicycle and pedestrian modes In this table is based on number of motorized vehicles,not number of bicyclists or pedestrians using the facility. 'Buses per hour shown are only for-the peak hour in the single direction of the higher traffic flow. Source: *+Cannot be achieved using table input value defaults. Florida Department of Transportation *'*Not applicable for that level of service letter grade.For the automobile mode,volumes greater than level of service 0 Systems Planning Office become F because intersection capacities have been reached,For the bicycle mode,the level of service tenor grade(including 605 Suwannee Street,MS 19 - F)is not achievable because there is no maximum vehicle volume threshold using table input value defaults. 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DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for UBEX-13-00100056 SUBMITTED BY: Michael Griffin, CBO,CFM ligeo Building&Zoning Director Erika Hall Principal Planner DATE: July 22, 2013 STRATEGIC PLAN LINK: None. BACKGROUND: Request for a use-by-exception to allow on premises consumption of alcoholic beverages including beer, wine and liquor by Javier U Perez on behalf of Cantina Maya Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG)zoning district. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 18th meeting, and the Board unanimously recommended approval, finding the request is consistent with Section 24-111(c)(3) and Chapter 3 of the Municipal Code, and in accordance with the requirements for a 4-COP SRX alcoholic beverage license, as issued by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. Further,this use is a continuation of that of the former tenant (Mimi's Sports Grill), and thus is found to be compatible with surrounding properties. BUDGET: None. RECOMMENDATION: Approval,recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the June 18, 2013 Community Development Board meeting; copy of Community Development Board staff report;copy of UBEX-13-00100056 application. REVIEWED ED BY CITY MANAGER: AGENDA ITEM#8A Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board AUGUST 12,2013 3��Y " oi MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 18, 2013 1. CALL TO ORDER.-6:02pm Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess, Kirk Hansen, Harley Parkes, Brea Paul, and Sylvia Simmons. The meeting was called to order at 6:02pm. Also present were Principal Planner Erika Hall, Redevelopment and Zoning Coordinator Jeremy Hubsch, and Building and Zoning Director Michael Griffin. Board members Kelly Elmore and Patrick Stratton were absent. 2. ADOPTION OF MEETING MINUTES-MAY 21,2013. Ms. Paul called for a motion to approve the minutes of the May 21, 2013 regular meeting. Mr. Hansen moved that minutes be approved as written. Mr. Burgess seconded the motion and it carried by a vote of 5-0. 3. OLD BUSINESS.None. 4. NEW BUSINESS. A. UBEX-13-00100056, Cantina Maya Sports Bar & Grille (Perez), 1021 Atlantic Boulevard Public Hearing-Request for use-by-exception as permitted by Section 24-111(c)(3), to allow on-premises consumption of akoholic beverages in accordance with Chapter 3 of the Municipal Code and a 4-COP SRX akoholic beverage license issued by the Florida Department of Business and Professional Regulation,Division of Akohol and Tobacco. The applicant is Javier U Perez on behalf of Cantina Maya Sports Bar & Grille,located at 1021 Atlantic Boulevard, within a Commercial General (CG) zoning district. Staff Ms. Hall summarized the request and explained that a 4-COP Report alcoholic beverage license, which allows sales and on-premises consumption of beer, wine and liquor, is permitted as a use-by- exception within the Commercial General zoning districts. The SRX designation, which stands for "special restaurant" means that the license is exempt from quota restrictions set for the county because certain other conditions are met. In particular, the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco (FL DBPR-ABT) requires the following of establishments receiving this designation: (1) a minimum of twenty-five hundred (2,500) square feet of floor space under permanent cover; (2) a minimum of one hundred fifty (150) Page 1 of 8 AGENDA ITEM#8A AUGUST 12,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board permanent seats for patrons; and, (3) a minimum of fifty-one (51) percent of gross revenue generated by the sale of food and non- alcoholic beverages. Though these conditions are monitored by FL DBPR-ABT, Ms. Hall confirmed that the applicant's leased space is approximately three thousand one hundred fifty (3,150) square feet in area, according to the site plan, and the number of permanent seats provided is one hundred fifty-eight, according to the floor plan, both of which are submitted to DBPR-ABT for review. Applicant The applicant declined the opportunity to comment on his request. Comment Public No one from the public came forward to comment on the request. Comment Board Mr. Hansen stated that he saw no issues with this request, as Discussion previous occupants of the location had held the same 4-COP SRX license, and monitoring of :the conditions for the "special restaurant" provision is done by the DBPR-ABT. Motion Mr. Burgess moved that the Community Development Board recommend to the City Commission approval of UBEX-13- 00100056, request by Cantina Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district, for a use-by-exception to allow on-premises consumption of alcoholic beverages, finding that said request is consistent with provisions of Section 24-64, Section 24-111(c)(3), and Chapter 3 of the Municipal Code for the City of Atlantic Beach, and in accordance with the requirements for a 4-COP SRX alcoholic beverage;,license, as regulated by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. Mr. Hansen seconded the motion and it carried by a vote of 5-0. B. UBEX-13-00100059,Moto Electric Vehicles (Jackrel), 58 West 10th Street Public Hearing — Request for use-by-exception as permitted by Section 24- 111(c)(10), to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to as "street legal"golf carts. The applicant is property owner Ted Jackrel and the proposed location is a vacant lot on the south side of West 10th Street having a legal description of Lots 5, 6,and 7,Block 41,Atlantic Beach Section "H"and a physical address of 58 West 10th Street, within a Commercial General(CG)zoning district. Staff Mr. Hubsch summarized the request and explained that per Section Report 24-111(c)(10), a use-by-exception is required for the sale of new and used automobiles. However, he explained this request is unique in that the proposal is to develop a vacant lot, which will be Page 2 of 8 AGENDA ITEM#8A AUGUST 12,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board owner-occupied by an establishment specializing in the sales of low speed electric vehicles commonly referred to as "street legal" golf carts, and that sales are primarily — estimated at ninety (90) percent — internet-driven. He added that due to the nature of the business being primarily internet-driven, the applicant is also requesting a variance for reduction in required off-street parking, which is listed as item 4C on this agenda. Mr. Hubsch continued, describing the two alternative site plans provided by the applicant's architect. The first presents a seven thousand seven hundred thirty-one (7,731) square foot building positioned to the rear of the lot with parking fronting on West 10th Street, while the second presents a seven thousand four hundred sixteen (7,416) square foot building positioned on the eastern side of the lot with parking on the west side of the building. He noted that the second plan offers better visual screening of the parking area from Mayport Road, provides better opportunities to landscape the front of the property and makes the site more pedestrian friendly. Therefore, staff prefers the second plan over the first. Mr. Hubsch described the surrounding uses as follows: to the east is a parcel that fronts on Mayport Road, currently vacant, but previous occupied by used car sales, moving truck leasing and a car detailing business; to the south is Advanced Lens Technologies, a manufacturer of sunglass lenses; to the west is vacant residential property, soon to be developed by Beaches Habitat for Humanity; and to the north, directly across West 10th Street is the First Baptist Church. He added that the final plan submitted for a building permit would have to strictly adhere to provisions of the landscaping, buffering and signage regulations, and that all goods, services and business activities are to be completely enclosed in the proposed building. So it is anticipated that the property would remain clean and free of the crowded and cluttered appearance that is typical of most automotive sales establishments. Applicant Jason Canning introduced himself as the architect for the project Comment and described the parameters of the site and proposed business which had led to the two conceptual plans submitted in support of these applications. Public Mark Hendry (800 Camelia Street) stated that he had come to the Comment meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of Page 3 of 8 AGENDA ITEM#8A AUGUST 12,2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board sales would be internet-based, he said he did not really have much concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and,>only left-turn access to the neighborhood south of Plaza for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test-drive track for the low-speed vehicles. She added that the'vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Board Ms. Paul asked which uses would be permitted by-right on the Discussion subject parcel. Mr. Hubsch responded, reading from the list of permitted uses detailed in Section 24-111(b). Mr. Parkes noted there seems to be many uses listed that would not require a use- by-exception but would generate more traffic and parking needs. Mr. Burgess added that the property would be owner-occupied also, meaning that there would be a vested interest to preserve the property values of,the neighborhood. Ms. Simmons noted that the staff report stated the intended use furthered Comprehensive Plan, particularly Policy A.1.10.5, which provides "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses, and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods". However, she questioned how this business which is both automotive sales — though not as typically seen — and primarily internet-based, could be viewed as "neighborhood serving...that generate daily activity and interaction between residents of surrounding neighborhoods". She continued, saying that she took the neighbors' concerns regarding traffic on 10th Street, and the potential for it to be used as a testing ground for inexperienced drivers to heart. Mr. Parkes asked for verification that these vehicles had a low- Page 4 of 8 AGENDA ITEM#8A AUGUST I2,2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board speed designation, to which Mr. Jackrel replied they did. Ms. Simmons inquired as to the safety of slow-moving vehicles. Mr. Burgess responded that they are typically referred to as "street legal" and are allowed to legally operate on streets with posted speed limits of no greater than thirty-five (35) miles per hour. Ms. Simmons asked if this was a local regulation, to which Mr. Burgess replied it was a state regulation. Mr. Hansen, referring again to Comprehensive Plan Policy A.1.10.5, said in his mind, this proposed use was not an intensive commercial use when compared to the average used car lot where there was typically also heavy automotive repairs done. Referring to the estimate of ninety (90) percent internet-driven sales, he asked if a high inventory would be maintained or if they would receive frequent drop-shipments. Mr. Canning replied that the goal was to lessen travel to and from a warehouse maintained in Gainesville, and that the design of the site plan is being driven by the inventory to be maintained on site. He said the vehicles are customized and fitted with equipment per order and then shipped. Currently, a couple hundred units are sold per year. Ms. Jackrel added that she anticipated much less traffic and fewer disruptions to the neighborhood by this business than their previous business which supplied transit buses. Mr. Hansen asked about the origination and make-up of the other ten (10) percent of business. Mr. Jackrel replied that Fleet Landing was a high-volume local customer. He estimated approximately one to two retail clients visited the bricks-and-mortar store weekly. Other than the showroom, the planned structure would house business offices and a conference room. motion Mr. Hansen moved that the Community Development Board recommend approval to the City Commission of UBEX-13- 00100059, a request for a use-by-exception to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to a "street legal" golf carts within the Commercial General zoning district at 58 West 10th Street, finding that the request advances the goals, objectives and policies of the adopted 2020 Comprehensive Plan as it relates to the redevelopment of the Mayport Road corridor and surrounding residential neighborhoods, and also finding that it is consistent with Section 24-111(c) and in accordance with the provisions of Section 24-63 of the Land Development Regulations. Mr. Burgess seconded the motion and it carried by a vote of 5-0. Page 5 of 8 AGENDA ITEM#8A AUGUST 12,2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board C. ZVAR-13-00100058,Moto Electric Vehicles (Jackrel), 58 West 10th Street Public Hearing - Request for variance from the provisions of Section 24-161(h)(3), to reduce the required number of off-street parking spaces for a proposed retail automotive sales establishment,from nineteen (19) to eleven (11). The applicant is property owner Ted Jackrel, and the proposed location is a vacant lot on the south side of West 10th Street having a legal description of Lots 5, 6, and 7,Block 41,Atlantic Beach Section "H"and a physical address of 58 West 10th Street, within a Commercial General(CG)zoning district. Staff Mr. Hubsch summarized the information provided in support of the Report previous item (UBEX-13-00100059) and reiterated that the nature of the business was Internet sales, with only about ten (10) percent of sales resulting from°customer visits to the showroom. He emphasized that the proposed automotive sales use is not the typical new or used car lot with which most people are familiar. Rather, the Jackrels are proposing an establishment specializing in highly desirable alternative transportation well suited for our community. However, because there is no guarantee that there will not be a shift in allocation of on-site sales versus internet sales, he proposed as a condition to approval of the parking variance that the property owners provide an executed shared parking agreement with the First Baptist Church, located directly to the north, across West 10th Street. Applicant Property owner Debra Jackrel addressed the Board, and Comment summarized the nature of her business and how she has maintained her property over the last fifteen (15) years, and asked for clarification regarding the need for a shared parking agreement. Jason Canning,architect and representative of the property owners Ted and Debra Jackrel, expressed concern over staff's recommendation that the variance be conditioned upon the Jackrels securing a shared parking agreement with the First Baptist Church when they already own four platted lots directly to the southeast of the subject property, two of which front on Mayport Road and two of which front on West 9th Street. Mr. Canning said the Jackrels would likely be parking their personal vehicles on the adjacent parcels, and their employees could do the same. Public Mark Hendry (800 Camelia Street) stated that he had come to the Comment meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of sales would be internet-based, he said he did not really have much Page 6 of 8 AGENDA ITEM#8A AUGUST 12,2013 Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left-turn access to the neighborhood for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test-drive track for the low- speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Board Ms. Paul asked,if such a variance would be tied to the property if Discussion the business ceased to operate or the property was sold. Ms. Hall responded that generally dimensional variances — being those that affect yard setbacks — are tied to the property and do transfer. However, parking is calculated based upon use, so any new occupant would be reassessed and required to provide off-street parking consistent with the use. She added that this variance request is specifically associated with the use-by-exception request just heard by the Board, and while the Board may move to approve this variance, it is conditioned upon the approval of the use-by- exception by the City Commission. If the Commission were to deny the,use-by-exception, this variance would become null and void. Motion Mr, Burgess moved that the Community Development Board approve ZVAR-13-00100058, request for a variance from the provisions of Section 24-161(h)(3), to reduce the number of off- street parking spaces for a proposed retail automotive sales establishment from nineteen (19) to eleven, for a property located within the Commercial General (CG) zoning district at 58 West 10th Street, conditioned upon the procurement of an executed shared parking agreement with the First Baptist Church, also located within the Commercial General (CG) zoning district at 1050 Mayport Road, finding that the request is consistent with the provisions of Section 24-161(b)(6) regarding variance from standard parking calculations and in accordance with the provisions of Section 24-64(d) regarding the granting of a variance. Further, the shared parking agreement would be consistent with the provisions of Section 24-161(f)(2). Ms. Simmons seconded the Page 7 of 8 AGENDA ITEM#8A Draft Minutes of the June 18, 2013 regular meeting of the Community Development Board AUGUST I2,2013 motion and it carried by a vote of 4-1, with Mr. Parkes dissenting. Mr. Parkes then explained his opposition to the motion solely on the requirement of the shared parking agreement, stating the applicants' inability to secure such a shared parking agreement could result in the failure to obtain the necessary use-by-exception since the two applications are bound together. Mr. Hansen said he understood Mr. Parkes' dissent and thought it was a good point, but he was unsure as to how t(could) be justified. Mr. Parkes replied that [per Section 24-64(b)(1)] each application for a variance shall be considered on a case-by-case basis, and the grounds for approval of this particular case are due to the nature of the business, being primarily internet-driven. Mr. Hansen, as a member of the prevailing vote moved to reconsider the vote ;approving ZVAR-13-00100058, to strike the requirement to procure the shared parking agreement with the First Baptist Church, !finding that there exists exceptional circumstances particular to the proposed use and that absolute conformance with the required off-street parking provisions of Section 24-161(h)(3) would prevent the reasonable use of the property as compared to other properties in the area. Mr. Parkes seconded the motion and it carried by a vote of 4-1, with Mr. Burgess dissenting. 5. REPORTS. None. 6. ADJOURNMENT-6:50 PM Brea Paul, Chair Attest Page 8 of 8 AGENDA ITEM#SA AUGUST 12,2013 ,-;1 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. CASE NO UBEX-13-00100056 Request for use-by-exception as permitted by Section 24-111(c), to allow on-premises consumption of alcoholic beverages (liquor) in accordance with Chapter 3 of the Municipal Code and a 4COP SRX alcoholic beverage license issued by the Florida Department of Business and Professional Regulation,Division of Alcohol and Tobacco. LOCATION 1021 ATLANTIC BOULEVARD (UNIT 1017) APPLICANT CANTINA MAYA SPORTS BAR&GRILLE (JAVIER U PEREZ) DATE JUNE 18, 2013 STAFF ERIKA HALL, PRINCIPAL PLANNER STAFF COMMENTS Background Cantina Maya Sports Bar & Grille is located in the Atlantic Village Shopping Center, in a space formerly occupied by Mimi's Sports Grill. The subject property has a Commercial (CM) Future Land Use Designation and is located within a Commercial General (CG) Zoning District at 1021 Atlantic Boulevard (Unit 1017). A local business tax receipt was obtained from the City of Atlantic Beach on May 7, 2013 and operations commenced with a Series 2COP (Beer and Wine/Package and Consumption) Alcoholic Beverage License shortly thereafter. The applicant now wishes to upgrade to a Series 4COP-SRX (Beer, Wine, and Spirits/Package and Consumption)Special Restaurant Alcoholic Beverage License. The Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (DBPR-ABT) issues Series 4COP-SRX licenses to a "bona fide restaurant" meeting the following conditions: (1) 2,500 square feet of floor space under permanent cover; (2) Seating for 150 patrons; and, (3) Minimum 51%gross revenue from the sale of food and non-alcoholic beverages. As part of the application process, the local zoning authority is required to certify to DBPR-ABT that the location of the business establishment complies with zoning requirements for the sale of alcoholic beverages pursuant to the license being sought. Within Atlantic Beach, on-premises consumption of beer and wine only in accordance with a Series 2COP license is permitted-by-right in conjunction with a full service restaurant located within a commercial zoning district, while on-premises consumption of liquor requires an approved use-by-exception. AGENDA ITEM#8A AUGUST 12,2013 Analysis Section 24-111(c) states that on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the Municipal Code may be approved as a use-by-exception where found to be consistent with the uses found in the Commercial General Zoning Districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. Former tenant Mimi's Sports Grill held a 4COP-SRX license, so this request is not intensification, but continuation of a prior use. However, uses-by-exception do not convey with change or transfer of lease or ownership, and each individual business owner must apply for a UBEX specific to his or her business. As such, the proposed use has previously been deemed compatible with adjacent and surrounding properties, and it was not found to be contrary to public interest or detrimental to the health, safety and welfare of the general public. The subject unit is on the southern corner of the western wing of the shopping center, and is separated from residential uses to the north by less intense retail and service uses. Directly to the west is Aquatic Drive and a vacant wooded lot and a dog park. The applicant has submitted both a floor plan indicating number and arrangement of seating in compliance with the DBPR-ABT requirements and a site plan demonstrating sufficient parking spaces to meet the minimum number required—thirty-eight(38), or one (1) parking space per four(4)seats. It should be noted that at the time previous tenant Mimi's obtained a 4COP SRX, the Atlantic Village parking lot contained a total of five hundred forty-four(544) parking spaces,with eleven (11)of those being ADA-compliant. Recent parking lot reconfiguration in association with the build-out of the LAI Fitness resulted in an additional forty- two (42) parking spaces,for a total of five hundred eighty-six(586), of which twelve (12) are ADA-compliant. At the time of review, it was determined that the parking lot has more than 100 surplus parking spaces. REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of the Cantina Maya Sports Bar& Grille Use-by-Exception (Application UBEX-13-00100056)to the City Commission, to permit on- premises consumption of alcoholic beverages in association with a full-service restaurant to be located within the Commercial General Zoning District at 1021 Atlantic Boulevard (Unit 1017), provided the following, or similar findings of fact: (1) Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24-111 defining the Commercial General Zoning District. (2) The request is not contrary to public interest and is not detrimental to the health,safety and welfare of the general public. (3) The proposed use is compatible with adjacent properties and other properties in the surrounding area. The Community Development Board may consider a motion to recommend denial of the Cantina Maya Sports Bar & Grille Use-by-Exception (Application UBEX-13-00100056) to the City Commission, to permit on-premises consumption of alcoholic beverages in association with a full-service restaurant to be located within the Commercial General Zoning District at 1021 Atlantic Boulevard (Unit 1017), provided the following, or similar findings of fact: (1) The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because (2) The proposed use is not compatible with adjacent properties and other properties within the surrounding area because ATTACHMENTS None. Page 2 of 2 AGENDA ITEM#8A M }I AUGUST 12,2013 /3 f -WOW' 41. t/,/ ( / APPLICATION FOR A USE-BY-EXCEPTION-EXCE' PTION City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445 Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us <�, j J r /4/ 7 Date , �- ',i31 ),ry.' File No. /(3-OP/® Receipt C.X", \ 1. Applicant's Name Ca��■�\Ck O %t_/C( 5 -6'( , I, �.C G\"i 1 �^C %C-0._6�C i C10 L� 2. Applicant's Address ,,ca` L 1(--)- \cx_\-`A t C 6 U e - _.. � 1- 1, 1':.cAN__F .3.9- 33 3. Property Location V7-1)-( `( +k v'&'-%c il V c() U_At ■-4- -' - Ai 17,._X .. 1---‘ J 33 4. Property Appraiser's Real Estate Number Block No. Lot No. 5. Current Zoning Classification 6. Comprehensive Plan Future .o Land Use designation 7. Requested Use-by-Exception y t.5�!6,9 - �ppi - ���.rs1F - e (1'\''C F - \bcw \-� -04P a A' ' 4 Q 11164 1-4,-111(0)(5) 8. Size of Parcel 9.Utility Provider 10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item,as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures,temporary and permanent,including setbacks,building height, ( number of stories and square footage, impervious surface area, and existing and/or proposed driveways. ( Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies.(Two (2)copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs,or color attachments are submitted,please provide eight(8)copies of these.) e. Application Fee($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed name(s): ■J i��.`C L� t� 1 e Signature(s): r - ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS � ` '� APPLICATION Name: S t L `C Lk_ \i----t-?,,\1�-'"1 - E Mailing Address: L L I Cti'Cc' '_ t Ck_ ---Sc \ \ 1` Or-3 (--" ' (J.= 3 Phone: X-\ 7 -- �� FAX: E-mail: o cCIY-8&1- j3 : C°_. Go+- vii ,c6o--, 0, 69m00.5-6 AGENDA ITEM#8A AUGUST 12,2013 EXHIBIT A The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Dress 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. p 1 Nj 2. Parking and Loading Spaces, where required, with,�particular attention to the items in (1) above. _ / FI \ \N c--(') \-�:x i 4 Li 1 � ��,�c�� ,�=-616 J 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,trash collection and service areas. with particular reference to items(1)and(2)above: Ekt td c' C«S ± 5�c"c�\ \C: CA\iLc-fC. 5. Utilities, with reference to location ,avVabilit nd compatibility: 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. 1,,S"\- c G„`r,v o,tN7 t-',U4e 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District: (See Signs and Advertising, Chapter 17.) Seze } 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of theompre4iensive Plan.. Other information you may wish to Rrovide: 12)C( S+, `N. �a ��� ����� �� L ■rel U V 13-01e bb Caeil-)11\9t MAy el AGENDA ITEM#8A AUGUST 12,2013 Sw. lC la:: 10' I = Kcg re•ri8crai-or d,+cps rdi°r d- 51nk `Ge',er 3 'Toile+- Li Pre() -ably A--..� � �1°g� ,S- Refs 5eraar Fire 0. v 1 ,°.3 lal Exhn9vayAer l 4' I 7°Ovon 5 3 �iecrnicol` -7; SdVe Q a Disbwashe�' �� Sri I a i® 10-7.S Go►nf � rivd- a. -5 A.10006 0 5i�k 0 MN. 0 yet d ® l l - 1�e l�o cr o a orjn o a a ®_ X! 1 0 it p �� a IQ 0 ."—D 110 Ja 0[75:1J 0[110 110 InD 0.1 [ili 1 D CI El 00 4 - 0 El r D (1.1 a 0c1C1131j13 0 I o O to II Q ■ l ( Pour I p p a'ii D 0®c')® 1 El b El Of (IIn 1 Wono 0 IAD 10 0 0 ._ ,...."„tia I:10 13 0 5ideavAlk parkivi1 AGENDA ITEM#8A AUGUST 12,2013 .. . . .. . . ... .. ... ...,.... . .. . . N • S r----L-FL—_ . . • -- . ,. • •., . ,,,_•--- . • sany, :, . •.. LAIFITNESS. 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DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for UBEX-13-00100059 SUBMITTED BY: Michael Griffin,CBO,CFM Building&Zoning Director Jeremy Hubsch 4 Redevelopment and Zoning Coordinatoy DATE: July 22,2013 STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor.This goal is to build, encourage,and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: Request for a use-by-exception to allow for the sale of electric vehicles at a vacant site on le Street West within a Commercial General (CG) zoning district. The applicant owns an electric vehicle sales business that is currently located along Mayport Road in Jacksonville. The applicant claims to do about 90% of sales online and serves a customer base that is primarily outside of North Florida. Additionally,there will be no sales or display of products outside of the building.Therefore,staff is of the opinion that this proposed use is not similar or comparable to the typical automotive sales business along Mayport Road. The applicant is proposing a new building for the site and has presented two development scenarios. Staff believes that if the use-by-exception is approved,option 2 is more favorable.This option visually screens the parking areas from Mayport Road,makes the site more pedestrian friendly, and also provides better opportunities to landscape the front of the property. If the use-by-exception is approved,the applicants will still have to submit commercial plans to staff that comply with the Land Development Regulations. Details of the regulations specific to the site are listed in the attached CDB staff report. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 186 meeting, and the Board recommended approval by a vote of 5-0, finding the request is consistent with the Comprehensive Plan as well as Section 24-63 and Section 24-111(c)of the Land Development Regulations. BUDGET: None. RECOMMENDATION: Approval, recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the June 18, 2013. Community Development Board meeting; copy of Community Development Board staff report;copy of UBEX-13-00100059 application. REVIEWED BY CITY MANAt' � AGENDA 1TEM#8B _ AUGUST 12,2013 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM CASE NO UBEX-13-00100059 Request for use-by-exception to allow for the sale of electric vehicles in a new building within the Commercial General(CG)Zoning District. LOCATION 58 10TH STREET WEST APPLICANT TED JACKREL DATE JUNE 18,2013 STAFF JEREMY HUBSCH,REDEVELOPMENT AND ZONING COORDINATOR STAFF COMMENTS This Use-by-Exception is requested to allow for the sale of electric vehicles at a vacant site on 10th Street West,one block west of Mayport Road.The applicant currently operates an electric vehicle sales business called Moto Electric Vehicles at 2426 Mayport Road in Jacksonville,and would like to move to a location in Atlantic Beach. The applicant is proposing a new metal building for the site,and has presented two development scenarios.The first is a 7,731 square foot building with parking fronting 10th Street West.The second is a 7,416 square foot building with parking on the west side of the building. If this Use-by Exception is approved,staff is of the opinion that option 2 is more desirable.This option visually screens the parking areas from Mayport Road, makes the site more pedestrian friendly,and also provides better opportunities to landscape the front of the property. The applicant stated in the application package that the activities on site will be contained to the inside of the building and that a large majority of sales come from online business.This differs from the majority of automotive sales in the area which typically have inventory on display outside. Additionally,the products that the applicant sells appear to be of a higher quality and cost than the typical used car business along Mayport Road.Therefore, this proposed use does not appear to be comparable or similar to other automotive sales businesses along the Mayport Road corridor. If this proposed use was more similar to the existing used car dealers along Mayport Road,staff would emphatically recommend denial.However,given the uniqueness of the proposed business and the fact that there will be no outdoor sales;staff believes the proposed use is worth consideration. AGENDA ITEM#8B AUGUST 12,2013 Comprehensive Plan Policy A.1.10.5 of the Comprehensive Plan states, "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses,automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods". The proposed business sells products that can be highly desirable to residents of Atlantic Beach. In a relatively densely populated area, with a wide geographic range of community assets such as Beaches Town Center, the marsh, and the beach; an electric golf cart or low speed electric vehicle may be preferable to biking or the automobile. Staff believes this is particularly likely for the elderly residents of Fleet Landing, the golf club residents of Selva Marina, or residents of the many beachside or marshside communities throughout Atlantic Beach. Policy A.1.14.1 of the Comprehensive Plan states, "The city shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile". Electric vehicles are energy efficient and better for the environment than those that use gas. Low speed electric vehicles and electric golf carts are also commonly used as alternative forms of transportation in an array of communities across the nation.One noteworthy example is The Villages in central Florida,where golf carts are the preferred method of transportation throughout the community and its commercial centers. Policy A.1.10.4 of the Comprehensive Plan states that, "retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged".As previously stated, the proposed use promotes a more pedestrian friendly environment that is less reliant on the automobile. Additionally, the applicants are proposing a pedestrian friendly building design that locates the building close to the street,has perimeter landscaping,and visually screens the parking area from Mayport Road. Development Standards If the use-by exception is approved,the proposed site plan will undergo an additional review from staff in regards to compliance with the Atlantic Beach Land Development Regulations.The proposed site is located more than 100 feet from the right-of-way of Mayport Road, therefore the site is not required to meet the commercial corridor development standards outlined in LDR section 24-171. Below are development standards that will need to be met by the applicants: • Maximum building height of 35' • Impervious Surface Ratio (ISR) of 70% • Front setback of 20'or 10'if parking is on the side or rear of building • Rear setback of 10' • Side yard setback of 10'where adjacent to residential.Otherwise a combined 15 total feet with five feet minimum on either side. • Per 24-161.b.4,no sales or business activity can occur within parking areas. • Per 24-161.k2,all new development requires bicycle parking. • Per 24.177.e,there shall be a 10'buffer strip between the project and residential zoning along the western property line.The buffer shall be a solid masonry wall,wood fence,shrubbery or landscaping...Such buffer shall be a minimum of 5 feet in height,except within required front yards it shall be 4 feet". • A sign permit will be required.The site is allowed 1 square foot of display area for each linear foot of frontage,provided no such sign shall exceed 96 square feet or 8 feet in height,and 12 feet in width. 1 free standing sign for every 100'of frontage,up to 3 total signs. • A landscape plan is required. 10%of vehicular use area shall be landscaped; if storing vehicles for sale,at least 5% must be landscaped; a landscape area of not less than 10 square feet for each linear foot of street frontage, 50%of which shall be at least a five foot wide strip abutting the street right of way(except driveways),the remaining area shall be within 25'of the right of way; a durable opaque landscape screen along at least 75%of the street frontage,excluding driveways,must be 3'high for shrubs. Page 2 of 5 AGENDA ITEM#88 AUGUST 12,2013 Subject Site and Surrounding Properties i w x' `1`J . Map , , g r- i t� F *° Traffic , r . t 4 - '' . .1. :::7:1411 , f- t_ _... . „.„..., ___, . , -.,..1 -77 -..`; r A �� / Pip if a^ I# / AV r or lb . ,i" / i 7-/ ;11. } / 1'! !t ...L. . // / / Figure 1.58 10th Street West and surrounding properties(Google Maps) ' 011P .• !T ` 4 "` h "'mow a,l- foul n+ 11 .7 " } ..s� . o ' :,! '' '-`: `fib' . ! . .- . ,empipp,'. _ -- ' 1001111111.4: -- -,. - . -. - Figure 2.5810`h Street West looking east Figure 3.5810`h Street West looking west Page 3 of 5 , AGENDA ITEM#8B AUGUST I2,2013 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No.UBEX 13-00100059)to allow for the sale of electric vehicles for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning,Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111(c) in that the proposed use is 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. 4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor. If the Community Development Board does agree to recommend approval, staff suggests that the following conditions be placed on the approval: 1. No outside sales or outside placement of merchandise shall be allowed. 2. The applicants shall construct a building similar to what is presented in "option 2", with parking on the west side of the building and landscaping between the front of the building and West 10th Street. 3. All of the development standards listed in this staff report and in the Land Development Regulations shall be incorporated into the design at construction plan approval. Page 4 of 5 AGENDA ITEM#8B AUGUST 12,2013 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception to allow for the sale of electric vehicles for property within the Commercial General(CG)Zoning District and located at 58 West 10th Street provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent 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. 4. The requested use is inconsistent with the intended redevelopment of the Mayport Road corridor. Page 5 of 5 AGENDA 1'1"1rM fJ 811 AU0051` 12;2013 Drct Minutes of the.lime 18.2013 regular meeting of the Community Development Hoard - i1 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 18,2013 1. CALL TO ORDER.-6:02pm Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess, Kirk Hansen, Harley Parkes, Brea Paul, and Sylvia Simmons. The meeting was called to order at 6:02pm. Also present were Principal Planner Erika Hall, Redevelopment and Zoning Coordinator Jeremy Hubsch, and Building and Zoning Director Michael Griffin. Board members Kelly Elmore and Patrick Stratton were absent. 2. ADOPTION OF MEETING MINUTES-MAY 21,2013. Ms. Paul called for a motion to approve the minutes of the May 21, 2013 regular meeting. Mr. Hansen moved that minutes be approved as written. Mr. Burgess seconded the motion and it carried by a vote of 5-0. 3. OLD BUSINESS.None. 4. NEW BUSINESS. A. UBEX-13.00100056, Cantina Maya Sports Bar & Grille (Perez), 1021 Atlantic Boulevard Public Hearing-Request for use-by-exception as permitted by Section 24-111(c)(3), to allow on-premises consumption of alcoholic beverages in accordance with chapter 3 of the Municipal Code and a 4-COP SRX alcoholic beverage license issued by the Florida Department of Business and Professional Regulation, Division of Akohol and Tobacco. The applicant is Javier U Perez on behalf of Cantina Maya Sports Bar& Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district. Staff Ms. Hall summarized the request and explained that a 4-COP Report alcoholic beverage license, which allows sales and on-premises consumption of beer, wine and liquor, is permitted as a use-by- exception within the Commercial General zoning districts. The SRX designation, which stands for "special restaurant" means that the license is exempt from quota restrictions set for the county because certain other conditions are met. In particular, the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco (FL DBPR-ABT) requires the following of establishments receiving this designation: (1) a minimum of twenty-five hundred (2,500) square feet of floor space under permanent cover; (2) a minimum of one hundred fifty (150) Page I of AGENDA ITEM#8B AUGUST 12,20I3 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board permanent seats for patrons; and, (3) a minimum of fifty-one (51) percent of gross revenue generated by the sale of food and non- alcoholic beverages. Though these conditions are monitored by FL DBPR-ABT, Ms. Hall confirmed that the applicant's leased space is approximately three thousand one hundred fifty (3,150) square feet in area, according to the site plan, and the number of permanent seats provided is one hundred fifty-eight, according to the floor plan, both of which are submitted to DBPR-ABT for review. Applicant The applicant declined the opportunity to comment on his request. Comment Public No one from the public came forward to comment on the request. Comment Board Mr. Hansen stated that he saw no issues with this request, as Discussion previous occupants of the location had held the same 4-COP SRX license, and monitoring of the conditions for the "special restaurant" provision is done by the DBPR-ABT. Motion Mr. Burgess moved that the Community Development Board recommend to the City Commission approval of UBEX-13- 00100056, request by Cantina Sports Bar & Grille, located at 1021 Atlantic Boulevard within a Commercial General (CG) zoning district, for a use-by-exception to allow on-premises consumption of alcoholic beverages, finding that said request is consistent with provisions of Section 24-64, Section 24-111(c)(3), and Chapter 3 of the Municipal Code for the City of Atlantic Beach, and in accordance with the requirements for a 4-COP SRX alcoholic beverage license, as regulated by the Florida Department of Business and Professional Regulation, Division of Alcohol and Tobacco. Mr. Hansen seconded the motion and it carried by a vote of 5-0. B. UBEX-13-00100059,Moto Electric Vehicles(Jackrel), 58 West 10th Street Public Hearing - Request for use-by-exception as permitted by Section 24- 111(c)(10), to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to as "street legal"golf carts. The applicant is property owner Ted Jackrel and the proposed location is a vacant lot on the south side of West 10th Street having a legal description of Lots 5, 6,and 7,Block 41,Atlantic Beach Section "H"and a physical address of 58 West 10th Street, within a Commercial General(CG)zoning district. Staff Mr. Hubsch summarized the request and explained that per Section Report 24-111(c)(10), a use-by-exception is required for the sale of new and used automobiles. However, he explained this request is unique in that the proposal is to develop a vacant lot,which will be Page 2 of 8 AGENDA ITEM#8B AUGUST I2,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board owner-occupied by an establishment specializing in the sales of low speed electric vehicles commonly referred to as "street legal" golf carts, and that sales are primarily — estimated at ninety (90) percent—internet-driven. He added that due to the nature of the business being primarily internet-driven, the applicant is also requesting a variance for reduction in required off-street parking, which is listed as item 4C on this agenda. Mr. Hubsch continued, describing the two alternative site plans provided by the applicant's architect. The first presents a seven thousand seven hundred thirty-one (7,731) square foot building positioned to the rear of the lot with parking fronting on West 10th Street, while the second presents a seven thousand four hundred sixteen (7,416) square foot building positioned on the eastern side of the lot with parking on the west side of the building. He noted that the second plan offers better visual screening of the parking area from Mayport Road, provides better opportunities to landscape the front of the property and makes the site more pedestrian friendly. Therefore, staff prefers the second plan over the first. Mr. Hubsch described the surrounding uses as follows: to the east is a parcel that fronts on Mayport Road, currently vacant, but previous occupied by used car sales, moving truck leasing and a car detailing business; to the south is Advanced Lens Technologies, a manufacturer of sunglass lenses; to the west is vacant residential property, soon to be developed by Beaches Habitat for Humanity; and to the north, directly across West 10th Street is the First Baptist Church. He added that the final plan submitted for a building permit would have to strictly adhere to provisions of the landscaping, buffering and signage regulations, and that all goods, services and business activities are to be completely enclosed in the proposed building. So it is anticipated that the property would remain clean and free of the crowded and cluttered appearance that is typical of most automotive sales establishments. Applicant Jason Canning introduced himself as the architect for the project Comment and described the parameters of the site and proposed business which had led to the two conceptual plans submitted in support of these applications. Public Mark Hendry (800 Camelia Street) stated that he had come to the Comment meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of Page 3 of 8 AGENDA ITEM if 8B AUGUST I2,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board sales would be internet-based, he said he did not really have much concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left-turn access to the neighborhood south of Plaza for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test-drive track for the low-speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Board Ms. Paul asked which uses would be permitted by-right on the Discussion subject parcel. Mr. Hubsch responded, reading from the list of permitted uses detailed in Section 24-111(b). Mr. Parkes noted there seems to be many uses listed that would not require a use- by-exception but would generate more traffic and parking needs. Mr. Burgess added that the property would be owner-occupied also, meaning that there would be a vested interest to preserve the property values of the neighborhood. Ms. Simmons noted that the staff report stated the intended use furthered Comprehensive Plan, particularly Policy A.1.10.5, which provides "Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses, and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residents of the surrounding neighborhoods". However, she questioned how this business which is both automotive sales — though not as typically seen — and primarily internet-based, could be viewed as "neighborhood serving...that generate daily activity and interaction between residents of surrounding neighborhoods". She continued, saying that she took the neighbors' concerns regarding traffic on 10th Street, and the potential for it to be used as a testing ground for inexperienced drivers to heart. Mr. Parkes asked for verification that these vehicles had a low- Page 4 of 8 AGENDA ITEM#8B AUGUST 12,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board speed designation, to which Mr. Jackrel replied they did. Ms. Simmons inquired as to the safety of slow-moving vehicles. Mr. Burgess responded that they are typically referred to as "street legal" and are allowed to legally operate on streets with posted speed limits of no greater than thirty-five (35) miles per hour. Ms. Simmons asked if this was a local regulation, to which Mr. Burgess replied it was a state regulation. Mr. Hansen, referring again to Comprehensive Plan Policy A.1.10.5, said in his mind, this proposed use was not an intensive commercial use when compared to the average used car lot where there was typically also heavy automotive repairs done. Referring to the estimate of ninety (90) percent internet-driven sales, he asked if a high inventory would be maintained or if they would receive frequent drop-shipments. Mr. Canning replied that the goal was to lessen travel to and from a warehouse maintained in Gainesville, and that the design of the site plan is being driven by the inventory to be maintained on site. He said the vehicles are customized and fitted with equipment per order and then shipped. Currently, a couple hundred units are sold per year. Ms. Jackrel added that she anticipated much less traffic and fewer disruptions to the neighborhood by this business than their previous business which supplied transit buses. Mr. Hansen asked about the origination and make-up of the other ten (10) percent of business. Mr. Jackrel replied that Fleet Landing was a high-volume local customer. He estimated approximately one to two retail clients visited the bricks-and-mortar store weekly. Other than the showroom, the planned structure would house business offices and a conference room. Motion Mr. Hansen moved that the Community Development Board recommend approval to the City Commission of UBEX-13- 00100059, a request for a use-by-exception to allow the sale of new and used automobiles, specifically low speed electric vehicles commonly referred to a "street legal" golf carts within the Commercial General zoning district at 58 West 10th Street, finding that the request advances the goals, objectives and policies of the adopted 2020 Comprehensive Plan as it relates to the redevelopment of the Mayport Road corridor and surrounding residential neighborhoods, and also finding that it is consistent with Section 24-111(c) and in accordance with the provisions of Section 24-63 of the Land Development Regulations. Mr. Burgess seconded the motion and it carried by a vote of 5-0. Page 5 of 8 AGENDA ITEM It 8B AUGUST 12,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board C. ZVAR-13-00100058,Moto Electric Vehicles(Jackrel),58 West 10th Street Public Hearing -Request for variance from the provisions of Section 24-161(h)(3), to reduce the required number of off-street parking spaces for a proposed retail automotive sales establishment,from nineteen (19) to eleven (11). The applicant is property owner Ted JackreI. and the proposed location is a vacant lot on the south side of West 1Oth Street having a legal description of Lots 5, 6,and 7,Block 41,Atlantic Beach Section "H"and a physical address of 58 West 10th Street,within a Commercial General(CG)zoning district. Staff Mr. Hubsch summarized the information provided in support of the Report previous item (UBEX-13-00100059) and reiterated that the nature of the business was Internet sales, with only about ten (10) percent of sales resulting from customer visits to the showroom. He emphasized that the proposed automotive sales use is not the typical new or used car lot with which most people are familiar. Rather, the Jackrels are proposing an establishment specializing in highly desirable alternative transportation well suited for our community. However, because there is no guarantee that there will not be a shift in allocation of on-site sales versus internet sales, he proposed as a condition to approval of the parking variance that the property owners provide an executed shared parking agreement with the First Baptist Church, located directly to the north,across West 10th Street. Applicant Property owner Debra Jackrel addressed the Board, and Comment summarized the nature of her business and how she has maintained her property over the last fifteen (15) years, and asked for clarification regarding the need for a shared parking agreement. Jason Canning, architect and representative of the property owners Ted and Debra Jackrel, expressed concern over staff's recommendation that the variance be conditioned upon the Jackrels securing a shared parking agreement with the First Baptist Church when they already own four platted lots directly to the southeast of the subject property, two of which front on Mayport Road and two of which front on West 9th Street. Mr. Canning said the Jackrels would likely be parking their personal vehicles on the adjacent parcels,and their employees could do the same. Public Mark Hendry (800 Camelia Street) stated that he had come to the Comment meeting to gain clarification on the use, as he envisioned a typical car lot. With a better understanding of the proposed use and the site plan, including knowledge that there would be no outside display or sales area and that approximately ninety (90) percent of sales would be internet-based, he said he did not really have much Page 6 of 8 AGENDA ITEM#8B AUGUST 12,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board concern over the parking issue. Instead, he expressed more concern over the potential traffic increase that would be introduced into the neighborhood, referring to the substantial traffic increase West 10th Street had already experienced with the construction of the Mayport Road medians. Ana Rivera (77 West 9th Street) reminded the Board that West 10th Street is now the first and only left-turn access to the neighborhood for northbound traffic on Mayport Road. Since the construction of the medians, traffic on West 10th Street has increased significantly. She said she and many other homeowners in the neighborhood are fighting to recover their property values and she is concerned that besides additional traffic, the neighborhood streets may become a test-drive track for the low- speed vehicles. She added that the vacant lots to the west of the subject property are soon to be developed by Beaches Habitat for Humanity. Board Ms. Paul asked if such a variance would be tied to the property if Discussion the business ceased to operate or the property was sold. Ms. Hall responded that generally dimensional variances— being those that affect yard setbacks — are tied to the property and do transfer. However, parking is calculated based upon use, so any new occupant would be reassessed and required to provide off-street parking consistent with the use. She added that this variance request is specifically associated with the use-by-exception request just heard by the Board, and while the Board may move to approve this variance, it is conditioned upon the approval of the use-by- exception by the City Commission. If the Commission were to deny the use-by-exception,this variance would become null and void. Motion Mr. Burgess moved that the Community Development Board approve ZVAR-13-00100058, request for a variance from the provisions of Section 24-161(h)(3), to reduce the number of off- street parking spaces for a proposed retail automotive sales establishment from nineteen (19) to eleven, for a property located within the Commercial General (CG) zoning district at 58 West 10th Street, conditioned upon the procurement of an executed shared parking agreement with the First Baptist Church, also located within the Commercial General (CG) zoning district at 1050 Mayport Road, finding that the request is consistent with the provisions of Section 24-161(b)(6) regarding variance from standard parking calculations and in accordance with the provisions of Section 24-64(d) regarding the granting of a variance. Further, the shared parking agreement would be consistent with the provisions of Section 24-161(f)(2). Ms. Simmons seconded the Page 7 of 8 AGENDA ITEM#8B AUGUST 12,2013 Draft Minutes of the June 18,2013 regular meeting of the Community Development Board motion and it carried by a vote of 4-1,with Mr. Parkes dissenting. Mr. Parkes then explained his opposition to the motion solely on the requirement of the shared parking agreement, stating the applicants' inability to secure such a shared parking agreement could result in the failure to obtain the necessary use-by-exception since the two applications are bound together. Mr. Hansen said he understood Mr. Parkes' dissent and thought it was a good point, but he was unsure as to how it could be justified. Mr. Parkes replied that [per Section 24-64(b)(1)] each application for a variance shall be considered on a case-by-case basis, and the grounds for approval of this particular case are due to the nature of the business, being primarily internet-driven. Mr. Hansen, as a member of the prevailing vote moved to reconsider the vote approving ZVAR-13-00100058, to strike the requirement to procure the shared parking agreement with the First Baptist Church, finding that there exists exceptional circumstances particular to the proposed use and that absolute conformance with the required off-street parking provisions of Section 24-161(h)(3) would prevent the reasonable use of the property as compared to other properties in the area. Mr. Parkes seconded the motion and it carried by a vote of 4-1, with Mr. Burgess dissenting. 5. REPORTS. None. 6. ADJOURNMENT—6:50 PM Brea Paul, Chair Attest Page 8 of 8 05/2212013 10:53 13042212705 JAOKRELS TRANS PLS AGENDA ITEM 4 813 AUGUST 12,2013 05/22/2013 10:33 9942472229 GATTO UV PAGE 01/02 F1_n F n i7 � lg..Tr MAY 2 4 2013 Y - Pte' APPLICATION FOR A USE-BY-EXCEPTION' city If Adis&Keith • !MI llteaslade Rand •Miner$sods,Florida 32333.3445 Move: ORO 247-5826 • FAX 0,4)7474 045 ° http:tlwww.o ab.ur Dice 07/2.0.3 MN,. g I 0035q Receipt 1. Applegate None �. Appltnle Marne 426, KAY' ,,+ •°x.....� -r: ��se -3�� 3. ProvemP UMW. 4. Properly Appraiser's leek titan lseber -70 7_" ). y2 I4o.1 1f_Lot No, 5 5. Cermet 2ttaise ids" s . . �, Coleprtenutre lei Future Laud Ute detlg anon 7. Relegeted U.t-byz 4v2] t r vc S. RN of!Patti 22_1 i'4 0 I 01-5 9.Udilty Provider 10- SMtieisetS i it dine mad "W el Meese for die reganrtod i rt•br-Eeeeplioa, which daarusbrresi mioptiurlct with Stoop. 241 eI ibc Clip Of Adam& leach Code of O disc , Zoning and Subdivi:iau Rsgulitlooi. Attie]) Ili I6ihlh t A. (The Mlicb id lie esay be vied if sl re& ?Imo ciddreu tell Raw ii spproprietr,to this myna) 11_ Provide eli of the fseeiw*inferbtatios, (Aii ldermadon mot in provided before au ipplkitlon Is scheduled for tiny ptiibbt Nees} •- Ski Vim Ofewits tie Iucitlen of al itrset nee,teroporny d peareaennel,Ieoliediag,otbtttltr,bullttitta height, MOW ♦Z Shales sad *Mire rowing Iteiview widen arm and sibling *idiot piw.ed driveway,. I4eali try tftlteif■d sineter.s mad ww* b. rive of libweenAlie(deed Or certifieatc by lawyer or ttlbittocl GDi ps.y yr der cowepaery thee verifies record tweet iii Air* HOE eppileast b iet die Meer,a letter of aatberrt tion fracas the.wncr(s)for applicant to rqwelail deem/sew for 4 purposes Mated totW 'ma provided, G. Bergey ad of prey a . -) d• 1*turod member of tapirs.(Ewo(1)copies of all tdacvineua Oat rue nor Wier tom t r 17 Omani in sloe, If pins or p1rMagiphi,,or color its are neraitted,pewit provids sit(8)dies of thsse,) ▪ Applialtdoe Pee(225,46) ift\O x HEBRIfir T TRAT ALl..momvivrioN!ItOVJDPfl WITH TM APPLICATION IS CORRECT: Matter.of egrue r(e)or istiirhid perms If a 'e aithtilz dbnr fern It attached: twisted w typed■ e(o)- C rz e [- — e001 '' illasatur ADS ANp CONTACT AST JIIt ►!,A1lI r -MORON TOI4SCOVE ALL CORRESPONDIENCt REGARDING T.J118 APPLICATION Na 4 �.■4 L 1►•I Metaled A44Pres e 7 t r-Il i r cum c i hose: (.704-)7/-5-55-61 Ird,7e: (OW) 1104 -7' jso+ Ca r .""" AGENDA ITEM t $13 AucitUST 12,2013 EXHIBIT A The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 211,1“ le)W 4O / /ER , �'1 A 4PPL ' . ; A Ai 1AJf . 114ly SLY 1J -RARE-4X 1-4A$ Vfs[ra . (lei or t 5 Its C fti L__I td 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,trash collection and service areas,with particular reference to items(1)and(2)above; MO A V 7 Ir4PX r 3. Utilities,with reference to locations,availability and compatibility; I .. f _ - i 6. If adjacent uses are different types of uses,describe type of screening and buffering that will be provided between your use and the adjacent use. A 10/ ,3', -J !++.` ��2yyC ours 77 a j 4 4 4!�.. r. 214Iat X7111_ 3_ 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising,Chapter 17.) TA PA a t t: t _ ' _ ,, S. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District well as consistency with applicable provisions of the Comprehensive Plan. _ 4- A ,1 1 fi ?P t 3.3 A g Cov1r SAL Other information you may wish to provide: - ;uesuoo pue uolsslwJad 6ululeIgo;siq lnoy;Im Janos;ewA lauuew JO petwOJ Aue ul paldoo in peonpoldal aq o;;ou si;l pue 6uiielp slip o;sly61,ay;sanlasal Aisseldxe Ageiey 6uluue0 uosep F vy F$ C. INOIldO you zs =aTq w °,y65„ =poi$ - NVld31ISOI1VW3HOS v! ilk. 6' gag 11!1 05050. rzrcc vo�aold'H3000OuNs UV °z o z OG -3 � 99 `W-' E oF° 'r g� r ls3^A 13381S N101 we -3� a� u Qa OlOW 2101V0 9029 M a' n ¢ n ' ` OOdONIOlnelVl3 VI N N a o o 0 0 0 j 0 I a / „0-,91 / / „0-,Z01 r. -1 I 0 J O I vi o CI 3 0 O Q c7i W W U d >> Z Z 0 W Z O v U� WU X J Z W I W N co I W W W I- W a a I 0 0 a I I o H W M O O d I i La HQ O N t10 n u_U n? 3 no .--o as �5 I w: !d w. \`��l x n m J o. 3a I Z x I zm I a - d I- I I w a- 1 I U O 0aa O w.. I - I O' I W O a I ` J I vii M I 1 1 =o r 51= o 0 i J d N I 0 illi / \ � o w 3N11 ,U.213d02Jd EA J U 3 J Z_ co --I Z N X O W H Z W O w W L ct + m AGENDA ITEM#8B AUGUST 12,2013 ;uesuoo pue uolsslwJed 6ululeygo;sJu;noq;ln»anaos;eqM leuuew io;ewio;,Cue ul peldoo_to paonpojdei eq o;;ou sl;l pue 6wroeip el.;o;slg5u eq;samesel Ajssajdxe.(gamy 6wuues uosel z o Gv Q WY :1!!.: ! Z NOI1dO m `4 °Y �§ r °o s - NVld31ISO11tlW3HOS ��"z55 a S U E°g4 1io'a 2s t.-g OG n€Fe:© FIZZf YOMOI'.717tl3B 7illM1V w $ F Eo o° F¢ 1S3N13381S Hint w W� 22 010141801V° a _ e b s . . KU ON TOWS 1V1311M3 N rc o 1'N ❑ I 0 4 m 1 5 / „0-,91 / „0-,ZOI I \ \ 1„ I I o 1 I .., o I 1 I Q 0 I N",5' c0 I wW o o _ I Y O W co I-m Zw I w< o I o F m GII� z I I i lir w o CO I W „0-,Z I. „0-,SL / I I- S I„0-,01 I o 3 I z W O F w \ J W I cc x al oI I o I o I R g N a / t �` ' o a `�. T \ VV - 1n\ 1 H \ U§ 0 1 w W I-W I z W ry o v N N N Q N O N S I O rn n% I Q v I ` _ I Z T. o pp O W I I Ir O I o _-_-- ------- ----4 \ 3Nn ua3dOad 0) c_D N Z w 0 oc W a_ ■ 0 0 ° 0 AGENDA ITEM#8B AUGUST 12,2013 AGENDA ITEM#8C AUGUST 12,2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for ZVAR-13-00100058 SUBMITTED BY: Michael Griffin,CBO,CFM Building&Zoning Director Jeremy Hubsch Redevelopment and Zoning Coordinator DATE: July 22,2013 STRATEGIC PLAN LINK: Goal Number 7,Mayport Corridor.This goal is to build,encourage,and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: Request for a zoning variance from Section 24-161 (h) of the Land Development Regulations to allow a reduction in required parking from 19 spaces to 11 spaces. Section 24-161 (h) states that 1 parking space is required for every 400 square feet of gross floor area. The applicant is proposing a building that is roughly 7,400 square feet,which by code requires 19 spaces. The applicant is seeking relief from the normal parking standards of Atlantic Beach due to operating a business that relies on 90% of its sales from the Internet, and does not generate many in store visitors. It can be presumed that most of the parking on site will be used by staff of the proposed use. According to the website of the business (Moto Electric), there are currently seven employees. In the event that the proposed 11 spaces are not able to handle necessary parking,there is an opportunity for overflow parking at the First Baptist Church across the street. Staff recommends the applicants work out a shared parking agreement with the church, so as to avoid a potential conflict down the road if parking needs increase. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 18t meeting, and the Board recommended approval by a vote of 4-1, fording the request is consistent with Section 24-64 (d) of the Land Development Regulations. BUDGET: None. RECOMMENDATION: Approval,recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the June 18, 2013 Community Development Board meeting; copy of Community Development Board staff report; copy of ZVAR-13-00100058 application. REVIEWED BY CITY MANAGER: AGENDA ITEM SC AUGUST 12,2013 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM CASE NO ZVAR-13-00100058 Request for variance from Section 24-161(h), to allow a reduction in required parking from 19 spaces to 11 spaces. LOCATION 5810T"STREET WEST APPLICANT TED JACKREL DATE JUNE 18, 2013 STAFF JEREMY l-IUBSCH, REDEVELOPMENT AND ZONING COORDINATOR STAFF COMMENTS The applicant is requesting a Zoning Variance to allow a reduction in required parking from 19 spaces to 11 spaces. The applicant is seeking to construct a new building that is roughly 7,500 square feet for an electric vehicle sales business.Section 24-161 (h) of the Land Development Regulations states that 1 parking space will be required for every 400 square feet of gross floor area.The application states that 90%of sales come from online business.Staff has not verified those sales figures, but can confirm that their website is of a high quality and heavily geared towards online sales. The applicant also owns a 4,320 square foot building on 9th Street West, a block south of the proposed site. The applicant states that he will be parking at this building, and that the parking at the 58 West 10th Street site will primarily be used for employees.The applicant may have an internet based business now,but there is a possibility that the proposed use could evolve into more of a retail business driven by customers who visit in person.There is also no guarantee that the applicant will continue to own the nearby building on 9th Street. In fact, the building is currently listed for sale. As such, staff believes it would be prudent to have the applicant sign a shared parking agreement with First Baptist Church of Atlantic Beach in the event that overflow parking is needed. First Baptist Church is located adjacent to the proposed site on 10th Street, has ample parking, and has hours of operation that do not appear to coincide with the proposed business. Section 24-161 (f) (2) states,"Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred (400) feet away, provided that required off street parking shall in no case be separated from the use it serves by arterial streets or major collector streets, or other similar barriers to safe access between parking and the use.A shared parking agreement shall be required where offsite parking is used to meet parking requirements. In such cases,the uses sharing parking must demonstrate different peak hour parking needs."The First Baptist Church appears to meet all the necessary criteria for a shared parking agreement. � ••••■ — _ AGENDA 1TEM ii 8C AUGUST 12,2013 Criteria for a Zoning Variance 1. Exceptional topographic conditions of or near the property. There appear to be none. 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. There appear to be none, 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants operate a business that is largely driven by internet sales. Only an estimated 10%of all customers are from traditional in person visits.Therefore,they may not have the parking needs that typical businesses do. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The property is vacant. 5. irregular shape of the property warranting special consideration. The property is regularly shaped. 6. Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The lot is well above the minimum size of 5,000 square feet for Commercial General (CG). Subject Site and Surrounding Properties Map f s_ /./ ' , =_ f • lb r `�= ii / I / �` i r lw mfradt 7 l 0 i Aill 2 Z riH�i s `. ! Figure 1.5810*Street West and surrounding properties(coogle Maps) Page 2 of 5 - -- - AGENDA 1•I'EM ii 8C AUGUST 12,2013 AI' rr — --- i �• —Mr _ _ 4� # _ ...—•- .,e, is iy . mss,�, 1g Tlh h “',;.i,, ' Allik IF . -. - r7t Figure 2.5814`h Street West looking east Figure 3.58 10th Street West looking west Vk `~ 0 *c .,it r , - b9 x L' I i Na II Ws I III Ili.., • 1a � i r.qit„ _ FF , N..– – .: . ._-- Figure 4.First Baptist Church parking area Figure 5.First Baptist Church parking IPage 3 of 5 AGENDA ITEM#8C AUGUST 12,2013 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Zoning Variance (File No. ZVAR 13-00100059) to allow for a reduction in required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: The proposed variance is consistent with the provisions of Section 24-64(d)of the land development regulations establishing ground for approval of a variance, as follows: (1) There are exceptional topographic variations affecting the subject property. (2) There are surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) There is an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) The subject property has an irregular shape. (6) The subject property is of substandard size. If the Community Development Board does agree to recommend approval,staff suggests that the following condition be placed on the approval: (1) A formal shared parking agreement with First Baptist Church be submitted to the city of Atlantic Beach. Page 4 of 5 AGENDA ITEM#8C AUGUST 12,2013 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Zoning Variance (File No. ZVAR 13-00100059) to allow for a reduction in required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: The proposed variance is inconsistent with the provisions of Section 24-64(d) of the land development regulations establishing ground for approval of a variance, as follows: (1) There are no exceptional topographic variations affecting the subject property. (2) There are no surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) There are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) There is not an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) The subject property does not have an irregular shape. (6) The subject property is of standard size. Page 5 of 5 05/22/21113 10:53 19042212705 JACKRELS TRANS PLC. AGENDA I 'E'M 1! 8c _-.. • AEXILI4'I 12,2013 05/22/2013 10:33 9042472229 G AT M UV PAGE D2/02 r L- 'If ;. MAY 24Za13 U 111P4100-11r 4i4' By APPLICATION FOR A VARIANCE cuy ar',untie/lamb • 111111 Stark*flood Adastit Be'*Part&32233-5445 Ploodct (904)247411*0 • FAX (Pk)24741843 - Ilttiipaterwvr.Sittti os Dote Pie -3 - 1000568 1. Aprome,mom : 2. Appillessra*dorm 2 1,44-tv1, . � ALAN 116-, -� 3. Properilr>t „Bois 1 I 6 ST-. 4, hallway,Aos',ltral Nome Number_2_62 13Lext4i410 Lur f5-16_,:i S. Carrtui bight aliorildatd4$ _ __ b. Comprokonater rim Future Land Cate depi>pttttlflti ... 7. Prod,10,flrau WMeit Variance fla misdated - - �— B Biwa 9. ',At •or ArsiiiitetiraI Review Committee approval moil-A for ic pfd conttiucdan- L t. ONG (i ra,tub taut be admitted r+*Roy application for a Wan Per a dt.) -110. 8tatdertut of bean and+dtt Ip#**rtiotdd to ragtaetdotf Variance,nitkk iers.oNrata corotpiinnor WWI Seeder 24-64 of OK Zang, Sidaltokies and Loodi Drvefiaptaeot Rapladessok copy dr "dada Jo attached to Rah application. 1L Provident of dm latoloottott: ar tills p, ,rNt�)+ that verities • Trott if wp 4 pitied or E by lawyer or rtb,isitt ea pa mord wow'ea above). If the applicant la rat lb.o nw v a lathy of*trtberiz,tion tram tics u.aner(w)for IIPPEtnit*.Perrellei tyre owner for+ purp,at,rowel is Itit application owl be provided. A. Serval wit Uri deaeriptiom orproperty for which Voris to .matt. c. Required womb,' al s ME Fear(4), Applestios Pet(1250.911) 1 I MUM CERTIY7( THAT ALL TION PROVIDED WITH 71118 APPLICATION IS Shutoff of orwarr(it).* oidbo per"'IT ewn r't tutliOriZAlios fonts is ittiehed". (printed or typed itiat(;): e V t\--c' 10-- Amuse AND CONTACT t A'y y TION OF PERSON TO RECk1V ALL CORRESPONDENCE IttGARMOIC T1118 AiLICAUON M*NdIir Andres,: i T 1 Pt) ' 144,4 tar), .$)y 1.1 r1 t 11._1 2 17 », f1'fltrlrr: r l% ff t1,11f4: ,jrxsvrti4*-160rtvt�� firer .cvimt AGENDA ITEM if 8C AUGUST 12 2013 {il Section 2447. Definition of a Variance, A Variance shall mean relief granted from certain terms of this Chapter. The relief granted shall be only to the extent as expressly allowed by this Chapter and may be either an allowable exemption from certain provision(s)or a relaxation of the strict, literal interpretation of certain provision(s), Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this Chapter,and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Sic, 24-64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further,a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1)a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance, (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the owner,or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing, Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent, (e) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board, in its discretion,determines that the granting of the requested Variance shall have a materially adverse impact upon one or more of the following, (1) light and air to adjacent properties. (2) congestion of Streets, (3) public safety,including risk of fire,flood,crime or other threats to public safety. (4) established property values, (5) the aesthetic environment of the community, (6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, Protected Trees,or other significant environmental resources. (7) the general health,welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience,for relief from financial circumstances al for relief from situations created by the property owner. AGENDA ITEM#8C AUGUST 12,2013 The following naratrraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided, (d) Grounds for approval of a Variance. A Variance may be granted,at the discretion of the Community Development Board,for the following reasons. 0 (I) exceptional topographic conditions of or near the property, 0(2) surrounding conditions or circumstances impacting the property disparately from nearby properties. ) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. AL-n-00644 1-11 .- C. 81~ l E,rA l L., ` 't4 zos t t.4 S5 alt l` C s Dc -C2 A E t t& rt-t l- C 1 t~.E_ vl trcoi-ikL coteltfl GTJ\ 0 (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) irregular shape of the property warranting special consideration. El (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. (e) Approval of a Variance. To approve an application for a Variance,the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance, (h) Waiting period for re-submittal. [fan application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six(6)months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six(6)months,beyond which time the Variance shall become null and void. (j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. AGENDA ITEM#8C AUGUST 12,2013 Additional comments: f5E-1 k - c)Ki-L Nt• T g: ., T Q (1) r g- Ev' xy.1 0-r 131)/LP(I& (24.k) tX -15 A51? 1--t ? Ls/mi TRH/ or VA 12-K r t-4.Aki 5 Tt f(e-t 1s tar rt ont , HA5 .ia-r . t4 c .5 CoM e fs-fm E e> - K) •la R`T 13 /41-5C, A. DAFT of YH nU s1 m ,41.17 t rt-r c��•rt _ � tr � PAkt .t H 14 t r L-12r, -th AE' ,4T THE_ AJ c/ (}1 LP l,t-i O rot_ Y UE 7 J 'I' ` ? S LVc4 t �z ALA -rtis Acrrt 8E_ 7Af c ( TAE. 13 U t t{t I L& ,Kl 7 ! k, r tr f-t, v k1 At / -- -rtiE CC t ( 1,-1 f TITS (,/kCeg.. TO 8 cv r -{ A rO /Y LA y, A ... t ct AuY cr ( lTIo Nt -'.irk 7? . • as - ' S ATTA A 7 C 7 t*l AWT C7FT 101,1 g- 63c43t f TrE_ t i c- c (Oki AGENDA ITEM#8D AUGUST 12,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage. SUBMITTED BY: Rick Carper, P.E., Public Works Directors DATE: July 12, 2013 STRATEGIC PLAN LINK: No link BACKGROUND: Applicant proposes to modify their existing driveway at 149 Oceanwalk Drive south to create a circular driveway. The lot frontage is 90 feet. City Code Section 19-7 contains the following requirements for circular driveways (emphasis added): (f) Maximum driveway width at the property line and through the right- of-way shall be 20 feet. Maximum driveway width for circular drives shall be 12 feet, and circular drives shall only be permitted on lots having at least 100 foot frontage. The applicant proposes to replace the existing driveway and add an extension to make a circular drive using pervious pavers (see Attachment 2). Estimated impervious surface coverage of the right of way with the new driveway is less than 30%. Limit per City Code Section 19-7 is 50%. Applicant's initial submittal to the Oceanwalk HOA was rejected because of excessive tree impacts. The proposed driveway had been evaluated by the AB Tree Coordinator (Erika Hall) and meets City requirements with no mitigation requirement. Applicant has expressed intent to appeal HOA ruling at next board meeting (July 15th) and asked that the Waiver application be submitted for Commission approval. BUDGET: No budget issues. RECOMMENDATION: Consider approval of requested waiver to the City Code Section 19-7 requirements. ATTACHMENTS: 1) Waiver Application for 149 Oceanwalk Drive South 2) Proposed Driveway Plan ty Reviewed by City Manager AGENDA ITEM#SD -- —. - AUGUST 12,2013 APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVERS q41 Section 24-4 i(d) permits the City Commission to authorize limited Waivers,on a case-by-case basis,from a specific provision(s)of these Land Development Reg- ulations when it is demonstrated that compliance with such provision(s)would be unreasonable,in conflict with the public interest,or a practical impossibility. City of Atlantic Beach A Waiver from these Land Development Regulations may be approved only upon 800 Seminole Road showing of good cause,and upon evidence that an alternative to a specific pro- Atlantic Beach,FL 32233 vision(s)of this Chapter shall be provided,which conforms to the general intent (P)904.247.5826 (F) 904.247.5845 and spirit of these Land Development Regulations. In considering any request y re�ues www.coab.us for a Waiver from these Land Development Reguiations,the City Commission may require conditions as appropriate to ensure that the in • • - Land Development Regulations is enforced. A Waiver shall not icy u DATE 1 l � ( t ment or term customarily considered as a Variance or any r ,.. irement term FILE prohibited as a Variance,and shall be considered only in c.. I , we llefe iv # kh administrative procedures are not set forth with the City C„•e of Ordinances. RECEIPT By 1.APPLICANT'S NAME Ai ;+fir s t„` 2.APPLICANTS ADDRESS D %pJ f . �� - L 3.PROPERTY LOCATION 1 INVALt 4.PROPERTY APPRAISER'S REAL ESTATE NUMBER / 94 - D(160 5.CURRENT ZONING CLASSIFICATION 6.FUTURE LAND USE DESIGNATION 7.LDR provision(s)from which waiver is sought ff `/ 8,SIZE OF PARCEL: —7 / PARCEL FRONTAGE /r f 7 PARCEL DEPTH / 3 7, PARCEL AREA 4 4q1 , 9.UTILITY PROVIDER 10.Statement of facts and any special reasons for the requested Waiver,which demonstrates compliance with Section 24-46(d)of the Zoning and Subdivision and Land Development Regulations,and specifically describing how the renuest comsxwith thethe Conditions n nary far the_City commissIon to aoorove this request, Please use second page if additional space Is necessary. ,/g/C- £c 5/ -7v f Osi 4tf lye' 'Ar e1D [Ji` C" .l ad' ter L) page 1 of 2 Version 2.28.20017 AGENDA ITEM#8D - — AUGUST 12,2013 APPLICATION FOR WAIVER FROM A PROVISION j+ , rl�t1 . ' --err OF THE LAND DEVELOPMENT REGULATIONS -Pi 11. Provide the following information. Applications will not be considered complete and will not processed until all items have been received: a. Proof of ownership(deed or certificate by lawyer or abstract company or title company that verifies record owner as above), if the applicant is not the owner,a letter of authorization from the owner(s)for the applicant to represent the owner for all purposes City of Atlantic Beach related to this application must be provided. BOO Seminole Road b. Survey and legal description of property. Atlantic Beach,FL 32233 c. Required number of copies(2). (P)904.247.5826 d. Application Fee($150.00). (F) 904.2475845 www.coab.us I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. Signature of owner(s)or authorized person if owner's letter of authorization Is attached: PRINTED OR TYPED NAME(S) 4L, cStkdiPs, SIGNATURE(S) • CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME C.66 ADDRESS f b ' Ai me[ rf PHONE I ' i_2 /- 32_0 FAX q04-,241- o 21 _ CELL qD4Y 3--0?0-4 E-MAIL `-`I •� � ADDITIONAL SPACE FOR QUESTION 10: page 2 of 2 Version 2.28.2007 AGENDA ITEM#8D AUGUST 12,2013 tvo11376 P009116 , ,! ;, • • OFFICIAL RECORDS ;',,:',;'..,;,t,',,,/,'I.... (ii:N►.°:h!1.�5'Alit?AICLY_.!Ilit,I) r,>,,( i . �- 1'U12 0t:iih, made Lilts _j ., day of .111!} , lal);:, helween •IAMii•S N. NCGANVI:Y AND EV1LYN S. NCGAIIVEY, husoan,.i and wire' ht'rein'II.r referred to ay (' 1 :' •GI'llIIIIII•+". ttntl :il'l:VEN A. SWAM AND '10111 SliW,UM. Ia:•sealid and WIto, t•,lu::l,, l '` 1 RI moat ui i ice lui,it'craa In .err rinrut!rut V ,_, %opi ar • H,' rn. I arila 32211 , y,-J hereinafter reforred lc as "trnatee'. • • 3 H t 'I' ir' f. ,. '' I . di rho. Grantors, for and in consideration or tile auto of ,en and a/IOU F� Pullers ($111.4)0) ,rnd nihnr gnnn and I'uinahi:• ennitll;er:,t Ian is 111018 void h) i he' sold to anLoe. the t'. 1 , t ;r tii, Q velpl end serrivinney of which IA ! ere y \ ti neknowlodged, have granted, bargained and scald to thr. ;:ale (Uautve. 1 1 ,` Grnntul:e s holes, 'uece:ssnr' fait! a rt.tiluz I CIreVI'r, trail I I I II fl land, ! ,>;'. U111U1te Ii':ti) and heillt( I!I '.11( (:ut1111.:• of Duvet . Stale ei rlor hilt and alert, 1,' •'; pnrtic•elarly described hs: {+� d f )tot 13H, Ouuanwnik Unit. Olio, untordtng to plat thereof 1•euordc0 in Plat 4 Bonk i?, pages I through IF, of lilt, Nul(Iio Rar.orda of Ihlvai County. ! Iiorida. Tt! !UVi•. A\1: fe.1 401b the saint 111 It smote, sr11.jeet to laxt!a and •'� assessments for the your di' e:onvcyanrl:, ail mailers shown on the afoensatd , , PIUI. of Ihu'nntvnik. and the (1em!ural sun of t'ovrluutl.:> and I :strlc:t(nnH for ,."' (teenitwa l k recorded in Official Mtsenrtis Volume 0141 a► pale 541.). a;l amended by Amem,lmtant and NM:luion of the Declaration of :•nt,emtnts and ReatrioIi..Ins for Oceiti ctii; recorded In Official Seeords Volume 0100 el page 400• and by Souna(1 Amendment and Extension of the nec taral ion of Covenants and Restrictions for OCOanWltlk reeordott in Official Recnrda nonk t($FS et. page 328. all of the ihlbiin Unt.'fit'ds Of Ouvul ('nnaty, Florida, Grantor heroby fully warrants the Lille of said land, and will dufund the HUMP. against Ih/' 1)1WI'll1 claims of all persona whommoevar. IN WITNESS WHEREOF.. the maid 0ritn1i rs have hereunto Hot thou hnndm and acutia on the day anri year fire' above written, 4i11,1„.. N.;N $1good sealed and delivered gut iTlGd :9C-F , in our oresoncel es wiLntanus: e&.___--- _ .;,. p 6— foes N. Mr.sGurvt:Y x ona Q CO il t vn Lill .* IO W �< 'H N. Arch rvcy. Jr. '`_ pa ore , / •' , ArSt�.��I -- !,*,\..1. 1........ - CD3 �' ANC fV Patriela II, Fell'3333y o !•'v�'Ivn S. hcarvu .. ' "--'_ ! S'l'A'I'li OF PI0011)A e COUNTY OF DCVAI. ' R N IlitiVOi(h Miti. the undersigned Iw1hu1'11y, s.h1a lily In'r1..nail) app(t1I1' JAML•'S• N. MoGA(tVl(Y and EVEL.YN S. McGAR1'l?Y, huaband and wife, purmuatl l r�l known to me, who ne;nnuledt ittl let.mid before me. under oath, !.alit, I. , '. _ executed the forel;.)tn0 instrument roe the purpose:t !herein alaicd, .c,"4 � WI'T'NESS my hand and official aea) In1s „,t,3., day of ,vary, 111;1•).' ^ ` 3 a ;, 1 ,, Nunn.: Palr11:la II hi'IIr.Ry • Noltery 1hibI:c• 'tali f•:' ('1orida Prepared usy: • t�to-W Patricia H Y61igy , ' �• r STATE OF I'nlrie1t1 H. tilde)• t'obua Cq,pnE / 94 & ric So. 'lilted Street • ..•.. , BONDED . , . 4,117'.e'•i:s• I )t. Iie....h i'1 :1: :'d; }. CIIAtI IA:Y .,I'• 5!4 )P' X1 ' 1..11.1 c5)1t41,1•. l I ;t '•Ie • 333. OD , . " . AGENDA ITEM#8D MAP SNOWING SURVEY OF AUGUST 12,2013 LOT 88, OCEANWALK UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGES I THROUGH IF (INCLUSIVE) OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. Nil°124011E 9O.IO' 0 :o'OAK 0 Ir PALM D•PALM I RIGINAL °N•P4LM IMPERVIOUS 0 o°•"AG"OLIA coma PAVER POOL DECK CALCULATION coma i'MAGNOLIA Q SUMMING POOL L BP rNAME r AT RE A LS, .Ti 3SS a .�:r .aiu=d en1)tta.aaaillOrd tea rC T PROPOSED L ° IMPERVIOUS v s' .''�- b.r *\ ar \b'PALM CALCULATION 0 2.0' 26.4' 4 (I��II IB'PALM 11 T,ThT.f k wris,n;amain- 'I r=;N r nl 3r e4rr.115.1um/1 it 027.6' 0 D.O. Now i)taF»r11COMrie Q b'OAK 9'PALM ONE 4 TWO STORY Li,— t' l0 FRAME WI STUCCO E CONC.g. RESIDENCE e149 14 A/C i CONC. POOL (p 6.0• PUMP e N 6.6' 18' 0 e.e' t. I. b.0' 1{ W E/C,CONC. b 11.2. ° hl DRIVE . COY. z ENTRY ( I O Ir PALM 20.1' ow P 74 J• 0 Ir PALM UT 013'PALM N- I'M M i INSTALL 8EDIMENTMID PERVIOUS... ow PALM •, P INSTALL SEDIMENT AND EROSION CONTROL FENCE PAVER¢ O'•• ....,6, K• 0 b'PALM EROSION CONTROL FENCE .PAUI O"-•............Q4li. . .. h 0 I4'PALM .... '! 0 •le OAK O 014'PALM S'OAK O]A'PALM b•PALM OD•PALMdI'PALM OII'PALM Kb' O OD'PALM Oid•0 _ E.A.WIT. le PALM f' 1 OAK PPEARVIVA dl.PALM Ole °b'PALM •b'PALM M'PALM 1 1 .....one 11 LONG.WALK INSTALL SEDIMENTMD NTR01.F73yCE _ EROSION CA 1F11!!P'!ms OCEANWALK DRIVE SOUTH 1R/W VARIES/ PLLAATSOR MAP ro FOR SIGNATURE KORMATIONAL PURPOSES OLY,OAND{B NOT vAUD,FLORIDA LIGe+i®SURVEYOR AND MAPPER.THIS DRAWING.eKEraC CN=28.251 NOTES LEGEND GATE 12/6/12 L Bertng*n b...d on th.Record P . SCALE 1•,20'7.tM•.•eowdey Story a 0 d R 1 PS NO A Elevation.shorn NN.(ISO)Mee to North Amplest~led DNp aTrM�.R fwa•...WC. JOB NO. 2012-460 of Hie,MAW i8/. MOTO ROM PP.rmtp a By Cooled plotting Dolly,the Ropy Owen hereon II..eithln Lore,•14• r..., F.B. • ea wn.n on the redeem Emergency Mrepeswd agency(REM./.)NatIoM Flood Wormed • t>fNOTO....N/.e Fatten:. Page ®) Corp, Map Fe I2-460.duq ee Rm.My FLR.MM1 CoNSaelyPrri Nodes.4200314,0004 D Rivad d°e n A.ny X coon*NOR ocaW E UNwo othrebei noted,arc portion or the psul that ray be deemed so Wetland. N—• DBWTB3181C6 �J CAM by Bute or Goverment*Ronal..,heo rot been determined ed eny liability resulting th.rerree i.rot .e.po emmty a the edee.iBrrd RICHARD A. MILLER 4 ASSOCIATES,INC, S.There Wy be Re Wicliors R Ea.nen!a of Record evidenced by two...moues that PROFESSIONAL LAND SURVEYORS hove got been goo meson. ICS NATURE WALK PARKWAY,UNIT 104 Pam(EOA1 ISF5156 ABBREVIATIONS THAT MAY BE USA M NIS SURVEY ST.AUGUSTNE.FLORIOA 87052 Tele.(504)TIMM ABBREVIATION DEFINITION ABBREVIATION DENNISON P.C.P. Personae Control Point LB. Lleersed Botrota P.R.M. Permanent Reference Moue$ R.L.B. R.d Meted Led Swope not I TO ier.W IM Ms T Nr r A NW n IN AC ITOTN M AN TM P.C.Z. Point of 1IM Je earivvllle Electric author) IO /TION,.lace teoa MT IA MIL o.srO A soOAM AT T T N 1M MI romp rnpOMJL loNAL LAW ou aI rwo TAO bar WA AT m®N Mgt P.T. POOO of Tergrcy A)G AV Uonr moaeo w w•°e°NwAL PLOW.w.mom en ow..a,N pstroa Mgt nw.To GN./lar.ANNA PLOW.TO aor.n.wsrr2 eeOR eUOeWMr To P.R.C..1. Point or Ravens Oxymora. C.A.T.V. Lyle of Linea senoM deem nacwos Nutwea. P.I. Point of NMNeetl.n t7HL Ovpteed Lire. Rid R o . Voro RM./ Reid Mgweed V 115 MIN.0+44 D.a. Deed Stook Lo Aro Loth BALL d+Ida a ntng ReNVIallen Lire 6- Delta C or C.MrrI Angle lsquall WILLIAM J.MELROBE,STATE OP FLORCIA,REGISTERED LP.wW. CorceM LAND SURVEYOR,CERTIFICATE N.M43 • AGENDA ITEM#8E AUGUST 12,2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Parking in the right-of-way DATE: July 12, 2013 SUBMITTED BY: Michael D. Classey, Chief of Police SRATEGIC PLAN LINK: N/A BACKGROUND: Over the past several years the City has received numerous complaints about parking in the right-of-away, particularly on the through streets such as Seminole Road. Currently there are two city ordinances that address this subject. Ordinance 24-161 Off street parking and loading (1) (c) states the following: Parking for residential uses shall be located within paved or stabilized driveways,private garages or carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or landscaped portions of public rights-of-way adjacent to the lot. Chapter 24 pertains to Land Development Regulations and Zoning. In the past, Code Enforcement has attempted to control this through the issuance of warnings and putting the property owner on notice that it is a violation. That resulted in some improvement, but usually only in the short term. After a couple months,the violations usually return to the previous levels. Section 24-161 does not have a penalty component to it so the only enforcement mechanism is through City Code 1-11 which states the following: ... where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the city or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. The instrument used to charge the offense would be a Notice to Appear(NTA) issued by a police officer. This concept is problematic at best for a number of reasons. First of all, it would require a mandatory court appearance even if the person wanted to just pay the fine. Second the ordinance provides a penalty of up to $500 which the judge could apply on a first offense. Third, issuing an NTA requires personal service to the violator which require multiple attempts especially if someone is trying to avoid service. AGENDA ITEM#SE AUGUST 12,2013 In the parking ordinance Section 21-23 "Parking more than seventy-two hours prohibited"states: No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-Iwo (72) hours. Regular parking citations can be written for violations of Chapter 21. However,the difficulty in enforcing that section is that in most instances the vehicles are not parked there continuously for 72 hours. However,they may be parked in the right-of-way virtually every night, which is not aesthetically pleasing and causes damage to the landscaping. Further, parking in the right-of-way creates a public safety hazard by limiting the sight visibility from vehicle entering form side streets or other driveways. As staff understands it,the intent is to allow limited short term parking for guests and visitors, but not to convert it to regular parking for residents. If the Commission desires to have the ability to have enforcement action taken, staff recommends changing the title of that section,removing the current language and replacing with the below. Sec 21-23 Parking in the right-of-way. Parking in the right of way_on very occasional or infrequent basis for periods generally short in duration is permissible. Parking in the right-of-wad is not intended to be a solution for limited driveway and/or garage parking: No arson shall routine/ ark in the ri ht-of-wa where routinel is defined as 3 or more occasions in any 7 day period; The amount of staff time to investigate these violations would be substantially greater than that of any other parking infraction given that multiple occurrences are required before it constitutes a violation. Therefore, the Commission may wish to consider setting a fine amount greater than the general $50 penalty. Staff recommends the fine for a first offense be set at$100. Further,the likelihood of repeat offense would be greater than with other parking violations. As such, staff recommends an inflating scale for subsequent offenses of$150 for the second within any 24 month period and $250 for third and subsequent offense with the 24 month period. Finally, for fourth and subsequent offense with any 24 month period the fine would be $500. BUDGET: None RECOMMENDATIONS: To provide the Commission with information and options for addressing the concerns over parking in the right-of-way and to seek their direction for staff. ATTACHMENTS: Draft of ordinances revisions. REVIEWED BY CITY MANAGER:[1;: AGENDA ITEM#8E AUGUST 12,20I3 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE II.-STOPPING,STANDING AND PARKING DIVISION 2. - ENFORCEMENT DIVISION 2. 4 ENFORCEMENT Sec. 21-36. - Issuance of citations. Sec. 21-37. - Form of citations. Sec. 21-38. - Schedule of fines. Sec. 21-39. - Payment of parking fines. Sec. 21-40. - Disposition of money collected as fines. Sec. 21-41. - Presumption of motor vehicle ownership. Secs. 21-42-21-49. - Reserved. Sec. 21-36. - Issuance of citations. The director of public safety shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work, with the records division of the public safety department. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-37. - Form of citations. Citations for violation of parking ordinances shall: (a) Be in writing and in the name of the city; (b) Set forth substantially the nature of the offense and the number of the ordinance being violated; (c) State the date and time delivered; (d) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic Beach, finance department the applicable fine as established by section 21-38; and (f) Shall be signed by the person issuing them. (Ord. No. 75-04-65, § 1, 9-13-04) Atlantic Beach, Florida, Code of Ordinances Page 1 AGENDA ITEM#8E AUGUST I2,2013 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE II. -STOPPING,STANDING AND PARKING DIVISION 2.- ENFORCEMENT Sec. 2145. -Schedule of fines. There is hereby established the following schedule of fines to be assessed in cases of parking violations occurring within the city: (a) Parking in prohibited areas $50.00 (b) Parking within fifteen (15) feet of fire hydrant $50.00 (c) Parking double $50.00 (d) Obstructing traffic $50.00 (e) Obstructing driveway $50.00 (f) Parking over time limit $50.00 (g) Other improper parking $50.00 (h) Illegal parking in designated ADA Accessibility parking spaces $250.00 (i) Parking in the right-of-way First offense within ally 24 month period.... $100 Second offense within any 24 month period.... $150 Third offense within any 24 month period.....$ 250 Fourth or subsequent offense within any 24 month period.... $500 (Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04) Sec. 21-39. - Payment of parking fines. (a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00). (c) The director of public safety shall have the discretion of relieving the person named in the citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented by the director of public safety. (d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed pursuant to the conditions set forth within this chapter. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-40. - Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the director of finance in a manner as prescribed by the director of finance. (Ord. No. 75-04-16, § 1, 9-13-04) Atlantic Beach, Florida, Code of Ordinances Page 2 AGENDA ITEM#8E AUGUST 12,2013 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE II.-STOPPING,STANDING AND PARKING DIVISION 2.-ENFORCEMENT Sec. 21-41. - Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Ord. No. 75-04-16, § 1, 9-13-04) Secs. 21-42-21-49. - Reserved. Atlantic Beach, Florida, Code of Ordinances Page 3 AGENDA ITEM#8E AUGUST 12,2013 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE II.-STOPPING,STANDING AND PARKING DIVISION 1.-GENERALLY DIVISION 1. - GENERALLY Sec. 21-16. - Manner of parking. Sec. 21-17. - Prohibited in specific areas. Sec. 21-18. -Obstructing traffic. Sec. 21-19. -Compliance with signs prohibiting parking required. Sec. 21-20. - Parking limitations. Sec. 21-21. - Parking for certain purposes prohibited. Sec. 21-22. -Commercial, recreational, etc., vehicles; weight requirements. Sec. 21-23. - Parking more than seventy-two hours prohibited. Sec. 21-24. -Abandoned, wrecked,junked or inoperative property, etc.—Declared unlawful; exception; nuisance declared. Sec. 21-25. - Removing and impounding. Sec. 21-26. -Same—Towage and storage charges. Sec. 21-16. - Manner of parking. (a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided in the following paragraphs: (1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or sign. (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads. (b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed in any location on public or private property, which interferes with the safe, clear and unobstructed sight distance of any rights-of-way intended or designated for use by pedestrians, bicycles, and vehicles. Such obstruction shall be immediately removed by order of the police department, and if required, charges for towing and storage, as set forth herein shall apply. (Ord. No. 75-04-16, § 1, 9-13-04) State law reference—Similar provisions,F.S. § 316.195. Atlantic Beach, Florida, Code of Ordinances Page 1 AGENDA ITEM#8E AUGUST 12,2013 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE II.-STOPPING,STANDING AND PARKING DIVISION 1.-GENERALLY Sec. 21-17. - Prohibited hi specific areas. No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the following provisions, except when necessary to avoid conflict with other traffic, or when complying with the directions of a police officer or an official traffic-control device. (a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon corn plaint; (c) Within twenty(20) feet of an intersection; (d) Within fifteen (15)feet of a fire hydrant; (e) On a crosswalk; (f) Within twenty(20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or devices established in the area; (g) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. (1) A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person, and no penalty shall be imposed upon the driver for this monetary parking. (2) A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00). (h) Parking shall be prohibited on the following streets and roadways at all times: (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (South). (4) Seminole Road. (5) Plaza Drive (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive. (8) Levy Road. (9) Dutton Island Road. (10) Donner Road. (i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as authorized by the city, shall be parked overnight in any public park or public open space, on any property occupied by a government use, or in any other location posted by the city to prohibit overnight parking. (Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04) Atlantic Beach, Florida, Code of Ordinances Page 2 AGENDA ITEM#8E AUGUST 12,2013 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE H. -STOPPING,STANDING AND PARKING DIVISION 1.-GENERALLY State law reference— Similar provisions,F.S. § 316.1945. Sec. 21-10. -Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-19. -Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a vehicle in such a designated place. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 2140. - Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 2141. - Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (a) Displaying it for sale: or (b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-22. - Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. Atlantic Beach, Florida,Code of Ordinances Page 3 AGENDA ITEM#8E AUGUST 12,2013 PART II-CODE OF ORDINANCES Chapter 21-TRAFFIC AND MOTOR VEHICLES ARTICLE II.-STOPPING,STANDING AND PARKING DIVISION 1.-GENERALLY (c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-23. -Part _ , ,• 7 s}. r ° a .Parking in the right-t�f®way. Ne-persen-&I-., > • . --• e-e- - e- a period-of fis B ess-of seventy ,o (72) hour- Parking in the right of way on a very occasional basis for periods short in duration is permissible. Parking in the right-of-way is not intended to be a solution for limited driveway and/or garage parking. No person shall routinely park in the right-of-way where as routinely is defined as 3 or more occasions in any seven (7) day period. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-24. -Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful; exception; nuisance declared. Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-25. a Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (a) When a vehicle is left unattended: (1) On a sidewalk; (2) Within seven (7) feet of a public or private driveway upon complaint; (3) Within fifteen (15) feet of a fire hydrant; (4) Within an intersection; (5) On a crosswalk; or (6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (b) When any vehicle is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer than seventy-two (72) hours. (d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal. Atlantic Beach, Florida, Code of Ordinances Page 4 AGENDA ITEM#8E AUGUST 12,2013 PART II-CODE OF ORDINANCES Chapter 21 -TRAFFIC AND MOTOR VEHICLES ARTICLE II.-STOPPING,STANDING AND PARKING DIVISION 1.-GENERALLY (e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-04-16, § 1, 9-13-04) State law reference—Establishment of rotating wrecker call list, § 21-50. Sec. 21-26. -Same—Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. Ord. No. 75-04-16, § 1, 9--13-04) State law reference—Charges for towing and storage, § 21-51. Atlantic Beach, Florida, Code of Ordinances Page 5 AGENDA ITEM#8F AUGUST 12,2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Construction Services for Rose Park Improvements (Revised) SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: July 12, 2013 July 23, 2013 STRATEGIC PLAN LINK: No link (was added to the FY 2011/12 Strategic Plan, not specifically included in 12/13 or 13/14 plans. BACKGROUND: Bids were opened for the Rose Park Improvements (PM1302) on Wednesday July 10th. There were eight bids, all of which exceeded the authorized budget. The low bid was from C. C. Borden Construction for$283,666.62 (base bid without contingency). The remaining bids ranged from $295,566.45 to $395,443.02. After separate consultations with the project sponsor, Commissioner Daugherty, and with the low bidder, Staff determined that it is feasible to reach the budgeted amount by removing selected items from the bid, including the paved parking area, the new well for irrigation, fencing and the water/sewer services to the future restroom/proposed water feature. The dog park and pavilion have been restored as high priority items for the park re-construction. See attached table for a summary of proposed deletions /modifications. This will require authorization to complete negotiations with the low bidder on the terms of the bid award. Summarizing project outcome under the proposed revised bid: Orchid Street will be closed and a T-turnaround constructed, all clearing & grubbing, earthwork, and grading to level the park will be accomplished; the sidewalks, multi-purpose (soccer)field, all landscaping and the dog park area to the south will be completed; and the proposed playground area will be prepared for equipment installation by others. A wooden picket fence similar to that now existing around the southern playground area will be installed along West Plaza Drive and at the Orchid Street Entrance to the park. C.C. Borden's revised bid price with the adjustments proposed is $190,316.30, leaving $14,933.70 for contingency, well upgrades and the dog park access system acquisition. This project will still require an additional $40,000 for playground and play surface, recommended to be added to the new fiscal year budget, which will allow time for installation with completion of the park physical construction. Staff prepared the project bid documents with intent to award the playground area separately by working directly with the four major playground suppliers in NE Florida. These providers were instructed to prepare proposed designs for a 5 -12 year old playground for presentation to Staff. Presentations were scheduled for July 17t nand 18th with Staff selection pending at Staff report submission deadline. AGENDA ITEM#8F AUGUST 12,2013 The FY 2014 Budget request includes $50,000 for study to produce a Parks System Master Plan. The purposes for conducting this study include developing an inventory of existing parks facilities and /equipment, along with estimated costs to maintain what we now have; and evaluating, with significant public input, what additional parks services and amenities are needed or desired by the Atlantic Beach community and how to pay for these added amenities. BUDGET: A total of$225,000 was budgeted for Rose Park Construction in the FY 2013 1/2 Cent Sales Tax Fund (account 131-6020-572-6300— Project PM 1302). Cost for engineering design and survey services was $19,750, leaving an unencumbered project balance of$205,250. RECOMMENDATION: The Commission direct staff to negotiate with C.C. Borden to bring cost within budget as discussed above and authorize the City Manager to execute the construction contract and necessary change orders for construction up to the authorized budget. Alternatively, the Commission may reject all bids and defer this project pending completion of the Parks System Master Plan. ATTACHMENTS: 1. Bid Tab 2. Proposed Project Modifications 3. Project Sketch REVIEWED BY CITY MANAGE AGENDA 11 FM 11 81? AUGUST 12,2013 u a g <..,s 5 5 v 5 c r Frl x # % K M K K X K K X M K X K M M c� q e� N �p V, M M .s V N N N E 1 t, M X X X X X X .14 X X X X x X X X X r 3 r3 i 3 s w p, x ,i 1 I , Is $ 8 � 1 t * K M M X X M M M M X M M M M M X M p w W p ea yp P P, a 'XLii1 '{YFSIr ig 1 14 Pi m 5 6 Q � X X X X x X X X X X X K X X X % % a: Ei, $ 4' X I; a P. a B R N w v Li W U 1 a 4 3 5 w -5 X M X K X M X M M X X X M M M M M , . , R .1 it '' 3 N w i; W l' u g I S A ea , ❑ Al i g7 1 °LL t y }J xxxn 4 = 4 ut ..: 9 6 .Ti 8 4- IM X X X M M M X X X x X X x X X 2 , F n 7, j h 4C+ p q 1 N pmt 1M1 N X a I7 1❑i. gip Id a - C J V a 4Y p f 1 V J , q 6` X X X K K i[ K X M X K M X X M X K ,6 � � V � e W 4 I� N 1.i LL p u 1• N� 2 - O h d = d V ij 6. W3 p . moo_, u LL m LL Ito W❑ �t 4 g 4}� R44+ 44 IIO [1 pN. K IL i (6 K x X M M K M M M M M M M M M X M � F{ � _ � fB w . w w LL °" N ' 5 oy ° O ;-.7 ,_ 4 i•-• 4 x 1 K r F4- E 4 ;; _ 2 ' Lg 0 7 ; n E a 2 i i n 1 5 ▪ a ., E ■ a �r i t . n n �.- 4 - 8 x m vN� qga 5 E , o RI g _ ._ v o g 7 R 3 'm � � 4 n n °' �6 • �' ❑ µ O i i C 3 ra I ,, Ri iv id 'p' E c� 1-, ;• A i i4 C r 1 Fi i .€ € illihi7=3 § - iiiill'' .1 .1 i a a I s f 1 f AGENDA ITEM#8F AUGUST 12,2013 Attachment 2 Line Items removed Bid Cost Alternative Comments /altered from Bid Installation Schedule Water& Sewer $19,645 Install if restrooms and water Services feature added as future phase Parking Area $17,600 Upgrade Existing $29,929 Est. cost $5,000; by others. Irrigation Well Wood Fencing $11,173 N/A City Forces to repair existing 8' fence along north side of park Metal Fencing / $29,337 Substitute Leave existing wood fence Access System around dog park, construct same fence along W. Plaza. / Orchid St entrance. (Cost $13,131). Bid Total as 190,316.30 Revised bid from CC Borden Modified Proposed Additions to Project Playground with ADA $40,000 Fall 2013 Proposed addition to FY13-14 play surface Budget Dog Park Access $6,000 Fail 2013 Procure separately to ensure System (est). compatibility with existing Dog Park system. Paved parking $20,000 Defer, construct if water feature authorized in future phase. Potential Additions to Project Water Feature $160,000 Restroom required to $210,000 Pervious Parking at $10,000 Turfblock between curb and Dog Park fence along Orchid St. AGENDA ITEM I, SF e .' /1:- / AUGUST 12 ,2013 1 ....„ / P.._ '0+. '. +.7114• / , . - / / if------- .. , -, ■ , / - .. ,.....,._,_,_ ----- -. . . ..,_,. t ■ ---__ I - - ----- I - , --, ---- .r.„ if r 1 P., ' / 1111111 1111111111°Y ' .: r , .... , ---,. --- .----. -,..„....., ---,... ./. 1.... i ,. . 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Cr . /,__ , - -_= --: ,... ,....',...,ovo,..a....rvra7,..•:•4w-si.r.,40,404'41"40:0...i.$00;1".: e— . ;1 .14 o:....R....li,t1P264).„6.1.t,„0...,4 1%10.406:r e, ..:1814.: n0.0C.I.' _ s -i, . ..,,,,...., .-6,,,,,o-.•os,d,grtit..11,_41,Mr.-4..7411....lbuu..Y.416 6. 6...6...u.: \1\ 11 0 . , ...r. 7 h I \ . CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Construction Services for Rose Park Improvements (Revised) SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: July 12, 2013 July 23, 2013 STRATEGIC PLAN LINK: No link (was added to the FY 2011/12 Strategic Plan, not specifically included in 12/13 or 13/14 plans. BACKGROUND: Bids were opened for the Rose Park Improvements (PM1302) on Wednesday July 10th. There were eight bids, all of which exceeded the authorized budget. The low bid was from C. C. Borden Construction for $283,666.62 (base bid without contingency). The remaining bids ranged from $295,566.45 to $395,443.02. After separate consultations with the project sponsor, Commissioner Daugherty, and with the low bidder, Staff determined that it is feasible to reach the budgeted amount by removing selected items from the bid, including the paved parking area, the new well for irrigation, fencing and the water/sewer services to the future restroom/proposed water feature. The dog park and pavilion have been restored as high priority items for the park re-construction. See attached table for a summary of proposed deletions/modifications. This will require authorization to complete negotiations with the low bidder on the terms of the bid award. Summarizing project outcome under the proposed revised bid: Orchid Street will be closed and a T-turnaround constructed, all clearing & grubbing, earthwork, and grading to level the park will be accomplished; the sidewalks, multi-purpose (soccer) field, all landscaping and the dog park area to the south will be completed; and the proposed playground area will be prepared for equipment installation by others. A wooden picket fence similar to that now existing around the southern playground area will be installed along West Plaza Drive and at the Orchid Street Entrance to the park. C.C. Borden's revised bid price with the adjustments proposed is $190,316.30, leaving $14,933.70 for contingency, well upgrades and the dog park access system acquisition. This project will still require an additional $40,000 for playground and play surface, recommended to be added to the new fiscal year budget, which will allow time for installation with completion of the park physical construction. Staff prepared the project bid documents with intent to award the playground area separately by working directly with the four major playground suppliers in NE Florida. These providers were instructed to prepare proposed designs for a 5-12 year old playground for presentation to Staff. Presentations were scheduled for July 17t and 18th with Staff selection pending at Staff report submission deadline. The FY 2014 Budget request includes $50,000 for study to produce a Parks System Master Plan. The purposes for conducting this study include developing an inventory of existing parks facilities and /equipment, along with estimated costs to maintain what we now have; and evaluating, with significant public input, what additional parks services and amenities are needed or desired by the Atlantic Beach community and how to pay for these added amenities. BUDGET: A total of$225,000 was budgeted for Rose Park Construction in the FY 2013 %Cent Sales Tax Fund (account 131-6020-572-6300— Project PM 1302). Cost for engineering design and survey services was $19,750, leaving an unencumbered project balance of$205,250. RECOMMENDATION: The Commission direct staff to negotiate with C.C. Borden to bring cost within budget as discussed above and authorize the City Manager to execute the construction contract and necessary change orders for construction up to the authorized budget. Alternatively, the Commission may reject all bids and defer this project pending completion of the Parks System Master Plan. ATTACHMENTS: 1. Bid Tab 2. Proposed Project Modifications 3. Project Sketch REVIEWED BY CITY MANAGE V G d o r m m vi ii Kx K X x X X x H x x x H X r e 2 N N w c 21 N a 2 H 2 Y V 2 N A 4 U i K x x X X x X K X X X X X X X b 5 n a 2 H r yi 1lGjq Eb d H H H H H x H H H H H x H x x H H @ e rz- rr{ 21, - . . , . , 1 it I 0 tt X H X H K H H H X X K H K X K X K N a 2 $ 9 w r v O o t e+t S. ' r 1 g r93 M 4 LL E - r a R H H H H H H H H H H H H X X H RR 9 alz i X31 a b gg 212 e q i4- U. 5 LI a N 9t k I I l O X X H H H H X H H H H X H K X X .- - M1 R n # h ••-, H } e ill a C H H H X. X H X H H H H H X H H X H G n 86 A. O 4 m 5 w n a 41 I y w N w a a o 5 g q - O p w 9 0 P H 4 q u!,idl i 2 ,42 22 X H K X H H x H H x H H H KM X X o 6t s �! Z •- A +J '� M ui n w .2 ,$' n 0 a h Y2 n R. rJ 2 a F 4 t a s F. 5 N p , M F 3 e i2 A g !• ; ; C :: I ,, 2 2 . T 5 i 1 gd :L i 'r':li i : ;1 ;9,7, # ; U r i g g g q ' g g j « u Eti a M f g o , F . i Ti i E F g F% E m 8 ei to 9 w i g ,� � g g Ili Attachment 2 Line Items removed Bid Cost Alternative Comments /altered from Bid Installation Schedule Water& Sewer $19,645 Install if restrooms and water Services feature added as future phase Parking Area $17,600 Upgrade Existing $29,929 Est. cost $5,000; by others. Irrigation Well Wood Fencing $11,173 N/A City Forces to repair existing 8' fence along north side of park Metal Fencing / $29,337 Substitute Leave existing wood fence Access System around dog park, construct same fence along W. Plaza. / Orchid St entrance. (Cost $13,131). Bid Total as 190,316.30 Revised bid from CC Borden Modified Proposed Additions to Project Playground with ADA $40,000 Fall 2013 Proposed addition to FY13-14 play surface Budget Dog Park Access $6,000 Fall 2013 Procure separately to ensure System (est). compatibility with existing Dog Park system. Paved parking $20,000 Defer, construct if water feature authorized in future phase. Potential Additions to Project Water Feature $160,000 Restroom required to $210,000 Pervious Parking at $10,000 Turfblock between curb and Dog Park fence along Orchid St. / / • i -.... '`Q):, / 1 r-- ■1 e, 11. / r--._ . . I - _ . .,. .. . / -..._ ,.?' ILs' _ ''''4.•-'. . i'' 1' (j ' .'L.1k. 1.?- I / fi- -....„___. .f.t.... . i - - _ / -.„...,._.._ f.-- ITI / -5 / r 1".--.,. 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L ,:-;) E 4 i• 1 . , _„„,' 1 ..,.. .. --- • i• . --G , L..„../..,....Lai _ ,, >---- -1- ---• ..-... .,- .1 4,1,41W,111.,111,0",1WrIFICVIE,41P110 .-"""""'"4“9.-":"."-...... qii;;t114.14:4F.:%011r1014:41C110.10%4%04114111.11"Iiii.:4EDE:PV4.96 —— .- - 7. , „....„....„.....,,,h,..n.,..,,,..,.,,,,,,,,,,,,,„.,...„,.,hdt.g.„-,...t....,, \ •_. ,_, ,.i ....,. g 0 0 / / LI t , \ , , ' \ \ , AGENDA ITEM#9A AUGUST 12,2013 July 11,2013 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanson 41.6 SUBJECT: City Manage °' Report Tentative Schedule for Budget Workshop Presentations;A tentative schedule for presentations in the Budget Workshops is attached. The actual presentation of items may vary based upon how quickly each subject can be covered and the number of questions asked. We hope to leave enough time at the end of the third workshop on August 131 for the Commission to discuss the changes to the proposed budget that you would like to make. If more time is needed to complete that process,a fourth workshop is scheduled for Thursday,August 22nd. Alcohol Deployment;The Atlantic Beach Police Department checked 17 restaurants and stores in Atlantic Beach on June 28th to determine if any of the employees would sell alcohol to minors. The underage informant was unable to purchase alcohol at any of those locations. This is a continuation of a project started by the Police Department several years ago when underage informants could routinely purchase alcohol in Atlantic Beach's businesses from 30 to 50%of the time. Fuel Efficiency of Police Vehicles;The City Commission has supported buying more fuel efficient vehicles for the Police Department over several years. These have included not only more efficient gas powered vehicles,but also several hybrids and one all-electric vehicle. The fuel efficiency of the fleet has improved dramatically. See the following yearly statistics for details; 2007 13.37 MPG 2008 13.10 2009 14.72 2010 14.38 2011 14.60 2012 17.22 2013 18.64(year to date through June) Revised Mutual Aid Agreement;City Commission authorized execution of a Police Mutual Aid Agreement with adjacent police jurisdictions on May 23,2011. That agreement was to remain in effect until 2015. However,a recent judicial ruling arising out of a DUI case indicated that this mutual aid agreement was invalid because it was too broadly based. Essentially,Atlantic Beach police officers(as well as those from other jurisdictions)had authority to exercise police powers anywhere in Duval County at any time. Attorneys working for several of the jurisdictions have determined that the way to solve this has been to more narrowly define the areas in which the officers have extra jurisdictional authority as well as the conditions under which they would use that authority. A revised agreement has been prepared and signed by the various jurisdictions. AGENDA ITEM#9A AUGUST 12,2013 This is to report to the City Commission that I have signed this as City Manager under the authority granted in 2011 because it amounts to a clarification of a previously approved contract and because our police officers need the ability to exercise their police powers in areas adjacent to our City. This new agreement has a five-year term,as did the last one,although this new term will extend until 2018. If the City Commission has any concern over the new term of this agreement,it can be canceled through written notice at any time and we can ask for a new contract in 2015. As a practical matter,the Police Mutual Aid Agreement has been renewed by Atlantic Beach several times over the last 20 years. We do not know of any reason that it should not be renewed in the foreseeable future. AGENDA ITEM#9A AUGUST 12,2013 Budget Workshop Schedule July 11. 2013 Workshop # 1; Thursday, August 1, 2013 5-9 p.m. • Budget Overview • Public Works Marsh Master Plan Projects ➢ Stormwater Fund ➢ Sanitation Fund ➢ Gas Tax Fund ➢ Convention Development Fund ➢ Discretionary projects • Additional subjects as time allows Workshop #2; Tuesday, August 6, 2013 5-9 p.m. • Utilities • General Fund revenues/ balance • IT/ Enterprise Software Upgrade • Additional subjects as time allows Workshop #3; Tuesday, August 13, 2013 5-9 p.m. • Police • Half Cent Sales Tax • Supplementary list of projects • Employee pay and benefits • Final subjects not covered in previous workshops • Discussion/amendments to draft budget by Mayor and Commissioners Workshop #4; Thursday, August 22, 2013 5- complete • Discussion/amendments to draft budget by Mayor and Commissioners AGENDA ITEM# 10A AUGUST 12,2013 July 22, 2013 A Request for the City of Atlantic Beach Commission to: 1. Perform an official annual performance evaluation for employees who report directly to the City Commission: City Manager; City Attorney; City Clerk. 2. Set annual goals and objectives for these positions based on the performance review. 3. Review and update job description and contracts no less than every three years. Rationale: Employees of the City of Atlantic Beach are reviewed annually by their supervisor and City Manager. The City Manager, City Attorney, and City Clerk do not have the same formal annual review and therefore do not have the same opportunity to have their performance evaluated to identify opportunities for their personal development. Evaluations are a "best practice"that confirms the need for annual reviews of these positions for the following reasons: ® Evaluations are an essential tool for promotion of effective decision-making throughout the City organization • Clarifies roles and responsibilities of the positions ® Clarifies expectations and assumptions concerning performance • Improves communication between Commission and employees • Acknowledges strengths and points to areas in need of improvement ® Provides feedback to City employees from various reviewers ® Contributes to the accountability of governance ® Commissioners align for direction of the city and define how the employees can support that direction through planning. ® Core values,vision, and goals of the City are integrated into the management of the city. *Note - Information and examples are provided with all the Administrative Staff in mind but referencing the City Manager position. Recommendations: A) City Commission performs an evaluation of the City Manager with input from multiple-raters (citizens, employees, peers, etc.) within the next 3 to 6 months. B) Included in the evaluation are specific dimensions for appraisal.The following are recommendations cited by the International City/County Management Association (ICMA): AGENDA ITEM# 10A AUGUST 12,2013 1) Individual Characteristics 2) Professional Skills and Status 3) Relations with Elected Members 4) Reporting/Communication 5) Policy Execution 6) Citizen Relations 7) Employee Relations / Staffing 8) Supervision and Organizational Culture 9) Fiscal Management 10) Community and Intergovernmental Affairs 11) Narrative Evaluation *Note-Additional sample evaluations are included in the appendices. C) Following the evaluation,the City Commission set annual goals and objectives for the City Manager,reflecting the vision, mission and strategic aims for the coming year. *Note- Evaluations for City Attorney and City Clerk follow similar format. For a starting point,valuable information is included in the attached Appendices to show the need for and the relevance of an open evaluation. Submitted for consideration by: Mark E. Beckenbach City of Atlantic Beach Commissioner- Seat 3 *Note-My thanks to Retired - City of Atlantic Beach Employee- Karen Kempf and Atlantic Beach Citizen- Bill Mayhew for their involvement in the organization of the materials presented, and for their continued involvement in the betterment of the governance of the City of Atlantic Beach. AGENDA ITEM# 10A AUGUST 12,2013 Appendices Handbook for Evaluating the City Manager; City of Dover, New Hampshire Includes: • ICMA Recognized Practices for Effective Local Government Management (International City/County Management Association) • "How are we Doing?" - Evaluating the Performance of the Chief Administrator • Sample Evaluation PUMA Best Practice Guidelines for Evaluation About 360 Performance Assessment (MG Management Assessments, LLC) ICMA form - City Manager Performance Evaluation Sample form - City Manager Evaluation with Future City of Atlantic Beach Employee Evaluation City of Atlantic Beach Employee Self-assessment AGI'sN]]A 1TI M i! WA AUGUST 12,2013 A HANDBOOK FOR EVALUATING THE CITY MANAGER f• • t o 41* tirstrD City of Dover, NH AGENDA ITEM# I0A AUGUST 12,2013 CONTENTS Introduction 1 Purpose 1 Context for Performance Evaluation 2 Council and Manager Roles and Responsibilities 2 Council Goals and Priorities 2 Right to Know Law 2 The Performance Evaluation Process 4 Step 1: Defining clearly why you want to evaluate the performance of your employee 5 Step 2 :Developing a time line and assigning responsibilities 5 Step 3: Developing criteria 5 Step 4: Refining criteria 6 Step 5: Selecting procedures to evaluate performance 7 Step 6: Performing the evaluation 8 Step 7: Discussing results with your employee and allowing for feedback 9 Step 8: Agree on follow-up steps 10 Step 9: Evaluating the process 10 Next Steps 11 Appendices ICMA Recognized Practices for Effective Local Government Management 12 Article-"How are We Doing"—Evaluating the Performance of the Chief Administrator 16 Sample Evaluation Form 22 AGENDA ITEM#10A AUGUST 12,2013 Introduction This Handbook has been developed for use by Dover's City Council to help establish and conduct an evaluation process for the City's chief executive officer and the Council's sole employee, the City Manager. An annual examination of the City Manager's performance is not only required by the City Manager's employment agreement but also because it is important and healthy for an effective council-manager relationship. Ultimately, the City Manager's performance evaluation is an essential tool for promoting more effective decision-making throughout the City organization. This Handbook first discusses the purpose for completing an evaluation of the Manager's performance, and defines the context within which a performance evaluation takes place. It then outlines a series of steps for an effective performance evaluation process and concludes with other reference materials and a generic evaluation form. The information presented has been adapted from materials developed by the Oregon League of Cities and includes related resource materials assembled from various publications. Purpose Performance evaluation need not be painful for either the Council or it's most important and only employee, the City Manager. It should be constructive, providing not only an examination of past performance but guidance for future efforts by the City Manager. The needs of any city often change over time and priorities are likely to shift with each Council election. As with any employer/employee relationship, an employer has a responsibility to clearly communicate to its employee exactly what it expects and wants.As the employer, each new Council has an obligation to relate to their employee,the Manager, their desire for him or her to focus on particular community needs, projects or priorities. If conducted properly, a performance evaluation process will be positive and useful for both the Council and Manager. It will: allow Council members to become better acquainted with each other and the Manager; improve communication between the Council and Manager; provide important feedback to the Manager; acknowledge strengths and point out weaknesses for the Manager; bring problems into focus and reduce future misunderstanding and conflict; and Help clarify roles and responsibilities of both the Council and Manager. There is another purpose for completing the City Manager performance evaluation process. An effective evaluation process can help the Council examine and improve upon its own performance. A Council's success in achieving its goals is tied to the performance of its City 1 AGENDA ITEM# 10A AUGUST 12,2013 Manager. The City Manager can provide useful feedback and observations to the council about such things as: is the Council providing clear direction about its needs, goals, and priorities? is the Council fulfilling its role as a policy-making body? is the Council becoming too involved in day-to-day administration? There are numerous methods and techniques that a city council may choose to follow in evaluating their city manager. The process outlined in this Handbook is general in nature and can be adapted to accommodate various needs or circumstances that may arise from time to time.Although there is no"right"way to conduct an evaluation, there is a right way to approach performance evaluations. The City Council's evaluation of the City Manager must be approached as part of an on-going process which strives to allow for a more thoughtful and effective decision-making body and more effective city management. Context for Performance Evaluation Council and Manager Roles and Responsibilities. A council and its manager depend on each other. . . the council depends on its manager for a considerable amount of information, and the manager depends on the council to make the best decisions it can after receiving and evaluating that information. Given this dependency,the importance of respect, forthrightness and confidence in the Council-Manager relationship can not be overemphasized. The original concept behind the council-manager form of government was to separate the policy-making functions,the domain of the elected council, from the administrative functions to be directed by the manager. In reality, the separation of administrative and policy-making functions is not so clear cut. Defining the difference between policy and administration may be the greatest source of confusion and conflict between city councils and a manager. Before any performance evaluation takes place, a council and its manager should define their respective roles and reach agreement about them. Without a clear understanding of functions and roles, performance evaluation is of little value. The areas of responsibility of the City Council and City Manager are outlined in the City's Charter,Administrative Code and ordinances. These documents should be consulted and provide the basis for further discussions to clarify"what falls where." Council Goals and Priorities. Goals are a necessary ingredient for success in an organization. To be effective, any organization must have a clear picture of its purpose and what it hopes to achieve, an understanding of what it must do to achieve its purpose, specific goals, and objectives, and a valid method for evaluating its effectiveness in reaching them. Setting goals has a direct relationship to the Manager's performance. Goals set clear direction and let the Manager know what issues are important to pursue. The council goals, themselves, should not be a part of appraising the Manager's performance. However, the City Manager's professional capacity to take policy direction from the Council and implement the goals is an important ingredient of evaluating the Manager's performance. Right to Know Law. In New Hampshire, an evaluation completed by the City Council must occur within the guidelines of the state's Right to Know law, RSA 91-A. The Council and Manager 2 AGENDA ITEM# 10A AUGUST 12,2013 should review the law and decide whether or not to conduct the process in a public or a non- public session. The general intent of the Right to Know Law is to provide a statutory right of public access to meetings conducted by a public decision-making body and records maintained by public agencies. There are some specific exceptions when the public may be excluded from attending a meeting involving the body or having access to certain records. One of the specific exemptions relates to personnel related matters involving a public employee. Regardless of whether the evaluation is conducted in a non-public or open session, the Right to Know Law will dictate certain procedures for meeting notification, recording of minutes and disclosure of decisions made. These procedures should be reviewed by the Council and Manager and followed throughout the evaluation process. 3 AGENDA ITEM# 10A AUGUST 12,2013 The Performance Evaluation Process A. Defining B. Council& —± Setting Manager roles Council & Goals responsiblities ✓ C,... Performance Appraise i Step 1 Step 2 Step 9 Define why you want Develop a timeline Evaluate your ._t, to evaluate your AI. and assign Process empl owee's responsibilities performance Page 19 Page 7 Page 7 I Step 8 Take final action Step 3 and Develop announce action Criteria Page 18 Page 8 Step 7 Discuss results Step 4 and allow Refine for feedback Criteria Page 17 Page 13 ` Step 6 4--- Step 5 Perform the Select procedures to evaluation evaluate performance Page 16 Page 13 4 AGENDA ITEM# 10A AUGUST 12,2013 STEP 1: DEFINE CLEARLY WHY YOU WANT TO EVALUATE THE PERFORMANCE OF YOUR EMPLOYEE There are many reasons for a Council to evaluate the performance of its Manager. Frequently, the Council wants to measure performance and determine salary, or define or improve,the working relationship between the Manager and the Council. Whatever the particular reasons, they should be honest, clear, and understood by the Council, the employee, and the public before launching a performance evaluation process. Following are examples of objectives that can be established prior to completing the appraisal process: To establish and maintain effective Council and City Manager relationships; To allow the City Manager and Council to identify and understand their respective roles, relationships, expectations of, and responsibilities,to each other; and to allow the discussion of the City Manager's strengths and weaknesses as demonstrated by past performance, away from the decision-making table, and the methods where performance may be improved and crisis confrontations avoided. STEP 2: DEVELOP A TIME LINE AND ASSIGN RESPONSIBILITIES A Council which is committed to a good evaluation process will also commit the time necessary to perform each task involved in the process. The entire council should be involved in every step. The Council as a body employs the City Manager and is needed to provide guidance to the City Manager. A Council may decide to use the services of an outside facilitator to assist in, some or all, phases of the process. Using an outside facilitator has advantages. For example,the facilitator has not been involved in the council-manager relationship or the individual personalities which would likely influence the process. It is also easier for an outside person to keep the process moving along during periods when the Council can otherwise get bogged down. If you choose not to use an outside facilitator, you should select a leader who will take responsibility for facilitating the evaluation process. This leader could be the Mayor or a designated Council member. STEP 3: DEVELOP CRITERIA Once the Council and Manager are comfortable with your respective roles and responsibilities, have adopted goals which are supported by the Council, and are clear about why you're conducting an evaluation, you're ready to move to the next step—selecting the criteria to measure against. Criteria are like yard sticks—they establish standard dimensions by which we can measure progress. Without these yardsticks, evaluations can turn into unfair, unproductive free-for-alls. Nowadays, employers of all types commonly identify the specific professional competencies and skills employee's need to succeed in any given position. These competencies and skills are used as the criteria for employment related evaluations beginning with an employee's initial recruitment, ongoing training, and subsequent performance evaluations. Examples of competencies that can be incorporated into an evaluation of the City Manager may be found in the 18 practice areas recognized by International City/County Management 5 AGENDA ITEM# 10A AUGUST 12,2013 Association as essential for every local government manager. The professional competencies for effective local government management are listed in Appendix A. Aside from selecting criteria based on professional competencies, do not overlook the Manager's ability to achieve Council goals. If a goal is purely a Council goal, such as Council members being more visible in the community, it would not be fair to add that to the list since it is not something the Manager can implement. However, the Council can look at whether or not the Manager has the professional capacity to help the Council implement its goals. In developing the criteria to be used for evaluating the City Manager's performance, both the Council and Manager should discuss and agree upon the competencies, skills and expected outcomes necessary for being an effective City Manager. The evaluation process will be enhanced if both the entire Council and the Manager are involved from the start in developing the criteria and agreeing on them. This is an important area where a facilitator may add value to the evaluation process. A facilitator should be able to assist with identifying and developing evaluation criteria that are specific to the circumstances found in this community. STEP 4: REFINE CRITERIA You are now ready to refine the criteria and develop specific questions you want to ask and have answered during the evaluation. It is important to be specific about what you really mean in each category. Again, it is best to refine the criteria with the entire Council and the Manager to ensure categories are not misinterpreted or new performance goals inadvertently added which were not previously defined. After developing evaluation criteria, refining and expanding upon each is one of the most critical steps in an effective performance appraisal system, and one of the most involved. For each competency and/or responsibility you list, you must be able to answer two questions: First, "What is the purpose, effect, or desired outcome of this competency/responsibility?" Second, "How will I know, if and when, this purpose, effect, or desired outcome is being achieved?' Answers to these questions achieve two important goals: (1)a clear statement of purpose helps assure that individual Council members understand one another's values, ideas, and concerns about the role and functions of the City Manager in city government; and (2) knowing the data and performances that tell you that responsibility is, in fact, being achieved requires that you look for tangible criteria to use in judging managerial performance. Example: CRITERIA: Policy Facilitation What is the purpose, effect, or desired outcome of this responsibility? To allow the council to function as efficiently and effectively as possible in its interaction with administrative staff members, departments, and the overall guidance of city affairs. To minimize delays, confusion, and conflict generated by incomplete staff work, favoritism, 6 AGENDA ITEM# 10A AUGUST 12,2013 lobbying, and unprofessional managerial performance. To assist the council in acting as a single body . . . etc. How will I know, if and when,this purpose, effect, or desired outcome is being achieved? Availability and timeliness of information requested or needed by the council. Preparedness for council meetings. Accuracy and thoroughness of information and reports. Keeping councilors appraised of day-to-day events and information necessary for them to carry out their functions. Impartial and professional interaction with each councilor, regardless of opinions and recommendations . . . etc. Ultimately, performance appraisal addresses the actions taken by the City Manager to meet the expectations of the Council and the requirements of the position. Performance is action. Appraisal focuses on the effects of that action. Focusing each criterion by addressing the two questions above will help you in objectively identifying the actions and effects of the City Manager's performance while avoiding the traps of trying to assess subjective characteristics that may not truly be bona fide job requirements. STEP 5: SELECT PROCEDURES TO EVALUATE PERFORMANCE After you have specific criteria by which you will evaluate your employee, review them until both the Council and Manager are satisfied with the results. The next step is deciding how you're going to perform the evaluation. The criteria you've developed may help determine the best way to do it. There are three general approaches to consider: written evaluations, oral evaluations, or a combination of both. Written Evaluations. This technique allows each person to make all comments in writing. There are several methods used for written evaluations. A combined essay and rating scale is perhaps the most commonly used. Essays.An essay is a written statement describing the employee's performance. It is most effective when each answer responds to a specific question, topic or criterion. It is least effective when each answer is generally stated and when its relation to criteria is vague and unspecific. Rating Scales. A rating scale consists of a set of statements about job performance. A scale, either using numbers or adjectives, is used by evaluators to make their judgments. Combination Essay and Rating Scales. A simple and effective way to perform the evaluation is to develop a rating scale and leave room for additional comments under each criterion. This allows for individuals to use specific examples of what the employee has done. It also helps the Manager understand what the Council thinks more specifically about his or her performance. Oral Evaluation. Openly discussing the appraisal with the Manager is another technique.As with written evaluations, conversation should center on the criteria you developed and should be conducted by the Council as a group. An advantage of verbal evaluation is that it presents 7 AGENDA ITEM# 10A AUGUST 12,2013 an opportunity to clear up any misunderstanding about performance in face-to-face settings. However, unlike written evaluations, verbal evaluations do not leave a written record and sometimes lead to confusion at a later time about what was said. Combination of Written and Oral.A combined written and oral evaluation is probably the most effective method of performing the evaluation. This method allows each individual Council member to evaluate the performance of the Manager in writing and follow up with face-to-face discussion individually and/or preferably collectively as a group. Whatever technique chosen, it is important to stick to the developed criteria. You are evaluating the performance of an individual in a position. The evaluation is not a free-for-all gripe session, nor is it an awards ceremony; it is important to express legitimate concerns and recognize good performance as well as communicate future expectations. STEP 6: PERFORM THE EVALUATION The system for performing the evaluation you have just designed is now in place and ready to use. Make sure you have a definitive schedule set up and a target date for completing the evaluation. If you have chosen to use a written evaluation technique, the forms should be distributed to individual Council members, requesting that the forms be completed and returned according to the established schedule. Collecting accurate information according to the criteria you have developed is more difficult for a Council than in an ordinary supervisor-subordinate situation because Council members are not always in a position to observe the employee on a day-to-day basis. It is certainly not appropriate for Council members to follow the Manager around for a week with a pencil and pad in their hands. But there are several things Council-members can and should do to help ensure that they have accurate information to perform a meaningful evaluation. The most important thing is to allow enough time to collect information about the Manager's performance. An extended information-collection period will make the entire process a little longer; however, it is well worth spending the additional time to have an effective and productive evaluation. Council members cannot base their judgments on the employee's performance in only 2 or 3 months. Allowing six months after you have developed the criteria may be more appropriate. Looking over minutes of past meetings may bring to mind projects that the Manager has been responsible for and the outcome of those projects. Individual Council members may want to make appointments with the Manager to discuss his or her performance. This meeting is not intended to make judgments about his or her performance. Its purpose is to seek information. Remember, the primary responsibility for Councilors during this phase of the evaluation cycle is to be alert and responsive to data about the Manager's performance. One of the most common errors found in formal employee evaluation systems is, as one manager explained, that they often reflect only the performance just prior to the evaluation session. To avoid this, it 8 AGENDA ITEM# 10A AUGUST 12,2013 is important for Councilors to document incidents and information throughout the performance cycle that reflect the performances of the City Manager. Note: It is as important to document outstanding performances as it is to document performances that don't meet with your expectations. It will be extremely helpful to both the Manager and the Council to use specific examples of performance in the evaluation. Vague generalizations will not help the Manager understand how he or she can improve performance. Specific examples help to illustrate positive and negative comments and put everyone on the same wavelength. In preparing for discussion of the evaluation results with the Manager, the facilitator of the review session should compile the information from each Council member into one document which reflects all the input. The facilitator should then share the results with the entire Council before it is presented to the Manager. The purpose of sharing the results of the evaluation with the Council is to provide each member with an understanding of the total results. The Council should strive to reach consensus on the report so that each person can feel a part of the result and be comfortable with it. This does not mean that any individual should try to push others into changing their minds about how they filled out the evaluation. But this group discussion will allow each council member to understand how the others feel and what differences need to be resolved. There may be differences in the perceptions of individuals which need further discussion and clarification. Having one document from the whole council is very important. The entire performance evaluation process has been a group process. It is not appropriate for each Council member to independently pass judgment on the Manager without consensus of the entire Council.The Council has authority and the Manager receives direction only when the Council acts as a body. STEP 7: DISCUSS RESULTS WITH EMPLOYEE AND ALLOW FOR FEEDBACK Before you make a final decision about any action as a result of the evaluation, or make any final statement as a Council about the Manager's performance, it is important to discuss the results of the evaluation with the Manager first. Several things should happen during this discussion. First,you may wish to let the Manager evaluate him or herself. You can give the same rating form or set of questions to the Manager and ask him or her to fill it out according to their own perception of how he or she has performed in the position. Discuss the areas where there are differences between the Manager and the Council about strengths and weaknesses. There may be misunderstanding among Council members about the Manager's actual performance. Likewise, the Manager may not have understood or may have misinterpreted the Council directives. Try to reach agreement on the areas that need improvement and what types of changes the Council would find acceptable. A Council that is serious about evaluation should understand that its performance often affects the Manager's performance. The Council should ask the Manager about how the Council's performance has enhanced or hindered the Manager's performance. 9 AGENDA ITEM#10A AUGUST 12,2013 STEP 8: AGREE ON FOLLOW-UP STEPS One of the most important reasons for evaluating the performance of an employee is to acknowledge the employee's strengths and point out areas that need to be improved. Any recommendations or actions the Council takes should be tied to this reason and any others the Council listed in Step 1 of this process. Nobody is perfect—even the best evaluation will likely show a few things that need improvement and attention. Also, change may be necessary on the part of the Council as well as the Manager. Remember that the evaluation process is intended to bring out positive change. Focus on future improvement, not on past performance. Agree on the areas that need improvement and the best course of action. The facilitator, if you are using one, may be able to suggest ways to improve performance. Set up a work program and schedule for workshops or any other methods which will help the Manager and Council improve the identified areas. Stick to the schedule. Effective performance should be acknowledged. Everyone needs positive reinforcement for good work. The Council should decide how they would like to acknowledge strong performance. But, at the very least, a public statement by the Council should be made supporting and acknowledging the Manager's performance. STEP 9: EVALUATING YOUR PROCESS No process is ever complete without an evaluation of what it is you have done. Whether you develop a questionnaire to evaluate the process or have a debriefing session, every individual involved in the process should participate and make recommendations for future use. Here are some questions to get you started: What were the positive outcomes? What were the negative outcomes? Could negative outcomes have been avoided? How could you improve the process next time? What areas of the process do you and the Manager need to work on? Were the criteria fair and objective? What have you learned about yourself as an elected or appointed official? How did the general public react? Involve the Manager in this review. He or she may have some valuable insights for the next time. As a group,try to develop a list of ways you could improve what you have done. 10 AGENDA ITEM# 10A AUGUST 12,2013 Your Next Steps Once you have completed this process, you will have done more than evaluate the performance of your employee. You will have defined your roles and responsibilities, set goals, opened up lines of communication, and made significant strides toward increasing your own effectiveness as an elected body. But don't stop here! Go back and refine your roles; you may have accomplished some of your goals and need to set new ones. If you haven't accomplished them, set deadlines for their accomplishment. It may be time to put another appraisal process together. There may be some Council training and team development sessions needed as a result of reviewing the Council's and Manager's accomplishments. Don't be discouraged if you felt a little uncomfortable or if the process wasn't perfect the first time. This process takes practice and refinement, but it is worth it! Continue the good work that you have started and watch how positive change can happen. 11 AGENDA ITEM# 10A AUGUST I2,2013 Appendices ICMA Recognized Practices for Effective Local Government Management 1. Staff Effectiveness: Promoting the development and performance of staff and employees throughout the organization (requires knowledge of interpersonal relations; skill in motivation techniques; ability to identify others' strengths and weaknesses). Practices that contribute to this core content area are: COACHING/MENTORING Providing direction, support, and feedback to enable others to meet their full potential (requires knowledge of feedback techniques; ability to assess performance and identify others' developmental needs) TEAM LEADERSHIP Facilitating teamwork (requires knowledge of team relations; ability to direct and coordinate group efforts; skill in leadership techniques) EMPOWERMENT Creating a work environment that encourages responsibility and decision making at all organizational levels (requires skill in sharing authority and removing barriers to creativity) DELEGATING Assigning responsibility to others (requires skill in defining expectations, providing direction and support, and evaluating results) 2. Policy Facilitation: Helping elected officials and other community actors identify,work toward, and achieve common goals and objectives (requires knowledge of group dynamics and political behavior; skill in communication, facilitation, and consensus-building techniques; ability to engage others in identifying issues and outcomes). Practices that contribute to this core content area are: FACILITATIVE LEADERSHIP Building cooperation and consensus among and within diverse groups, helping them identify common goals and act effectively to achieve them; recognizing interdependent relationships and multiple causes of community issues and anticipating the consequences of policy decisions (requires knowledge of community actors and their interrelationships) FACILITATING COUNCIL EFFECTIVENESS Helping elected officials develop a policy agenda that can be implemented effectively and that serves the best interests of the community (requires knowledge of role/authority relationships between elected and appointed officials; skill in responsibly following the lead of others when appropriate; ability to communicate sound information and recommendations) MEDIATION/NEGOTIATION Acting as a neutral party in the resolution of policy disputes (requires knowledge of mediation/negotiation principles; skill in mediation/negotiation techniques) 3. Functional and Operational Expertise and Planning (a component of Service Delivery Management): Practices that contribute to this core content area are: FUNCTIONAL/OPERATIONAL EXPERTISE Understanding the basic principles of service delivery in functional areas--e.g., public safety, community and economic development, human and social services, administrative services, public works (requires knowledge of service areas and delivery options) 12 AGENDA ITEM# 10A AUGUST 12,2013 OPERATIONAL PLANNING Anticipating future needs, organizing work operations, and establishing timetables for work units or projects (requires knowledge of technological advances and changing standards; skill in identifying and understanding trends; skill in predicting the impact of service delivery decisions) 4. Citizen Service(a component of Service Delivery Management): Determining citizen needs and providing responsive, equitable services to the community(requires skill in assessing community needs and allocating resources; knowledge of information gathering techniques) 5. Quality Assurance(a component of Service Delivery Management): Maintaining a consistently high level of quality in staff work, operational procedures, and service delivery (requires knowledge of organizational processes; ability to facilitate organizational improvements; ability to set performance/productivity standards and objectives and measure results) 6. Initiative, Risk Taking,Vision, Creativity, and Innovation (a component of Strategic Leadership): Setting an example that urges the organization and the community toward experimentation, change, creative problem solving, and prompt action (requires knowledge of personal leadership style; skill in visioning, shifting perspectives, and identifying options; ability to create an environment that encourages initiative and innovation). Practices that contribute to this core content area are: INITIATIVE AND RISK TAKING Demonstrating a personal orientation toward action and accepting responsibility for the results; resisting the status quo and removing stumbling blocks that delay progress toward goals and objectives VISION Conceptualizing an ideal future state and communicating it to the organization and the community CREATIVITY AND INNOVATION Developing new ideas or practices; applying existing ideas and practices to new situations 7. Technological Literacy (a component of Strategic Leadership): Demonstrating an understanding of information technology and ensuring that it is incorporated appropriately in plans to improve service delivery, information sharing, organizational communication, and citizen access (requires knowledge of technological options and their application) 8. Democratic Advocacy and Citizen Participation: Demonstrating a commitment to democratic principles by respecting elected officials, community interest groups, and the decision making process; educating citizens about local government; and acquiring knowledge of the social, economic, and political history of the community (requires knowledge of democratic principles, political processes, and local government law; skill in group dynamics, communication, and facilitation; ability to appreciate and work with diverse individuals and groups and to follow the community's lead in the democratic process). Practices that contribute to this core content area are: DEMOCRATIC ADVOCACY Fostering the values and integrity of representative government and local democracy through action and example; ensuring the effective participation of local government in the intergovernmental system (requires knowledge and skill in intergovernmental relations) 13 AGENDA ITEM# IOA AUGUST I2,20I3 CITIZEN PARTICIPATION Recognizing the right of citizens to influence local decisions and promoting active citizen involvement in local governance 9. Diversity: Understanding and valuing the differences among individuals and fostering these values throughout the organization and the community 10. Budgeting: Preparing and administering the budget(requires knowledge of budgeting principles and practices, revenue sources, projection techniques, and financial control systems; skill in communicating financial information) 11. Financial Analysis: Interpreting financial information to assess the short-term and long-term fiscal condition of the community, determine the cost-effectiveness of programs, and compare alternative strategies (requires knowledge of analytical techniques and skill in applying them) 12. Human Resources Management: Ensuring that the policies and procedures for employee hiring, promotion, performance appraisal, and discipline are equitable, legal, and current; ensuring that human resources are adequate to accomplish programmatic objectives(requires knowledge of personnel practices and employee relations law; ability to project workforce needs) 13. Strategic Planning: Positioning the organization and the community for events and circumstances that are anticipated in the future(requires knowledge of long-range and strategic planning techniques; skill in identifying trends that will affect the community; ability to analyze and facilitate policy choices that will benefit the community in the long run) 14. Advocacy and Interpersonal Communication: Facilitating the flow of ideas, information, and understanding between and among individuals; advocating effectively in the community interest (requires knowledge of interpersonal and group communication principles; skill in listening, speaking, and writing; ability to persuade without diminishing the views of others). Practices that contribute to this core content area are: ADVOCACY Communicating personal support for policies, programs, or ideals that serve the best interests of the community INTERPERSONAL COMMUNICATION Exchanging verbal and nonverbal messages with others in a way that demonstrates respect for the individual and furthers organizational and community objectives (requires ability to receive verbal and nonverbal cues; skill in selecting the most effective communication method for each interchange) 15. Presentation Skills: Conveying ideas or information effectively to others (requires knowledge of presentation techniques and options; ability to match presentation to audience) 16. Media Relations: Communicating information to the media in a way that increases public understanding of local government issues and activities and builds a positive relationship with the press(requires knowledge of media operations and objectives) 17. Integrity: Demonstrating fairness, honesty, and ethical and legal awareness in personal and professional relationships and activities(requires knowledge of business and personal ethics; 14 AGENDA ITEM 41 10A AUGUST 12,2013 ability to understand issues of ethics and integrity in specific situations). Practices that contribute to this core content area are: PERSONAL INTEGRITY Demonstrating accountability for personal actions; conducting personal relationships and activities fairly and honestly PROFESSIONAL INTEGRITY Conducting professional relationships and activities fairly, honestly, legally, and in conformance with the ICMA Code of Ethics(requires knowledge of administrative ethics and specifically the ICMA Code of Ethics) ORGANIZATIONAL INTEGRITY Fostering ethical behavior throughout the organization through personal example, management practices, and training (requires knowledge of administrative ethics; ability to instill accountability into operations; and ability to communicate ethical standards and guidelines to others) 18. Personal Development: Demonstrating a commitment to a balanced life through ongoing self-renewal and development in order to increase personal capacity (includes maintaining personal health, living by core values; continuous learning and improvement; and creating interdependent relationships and respect for differences). 15 AGENDA ITEM# 10A AUGUST 12,2013 500104 "How Are We DoIng?" Evaluating the Performance of the Chief Administrator Margaret S . Carlson icture a governing board meeting at a hectic . time of year Perhaps it is budget season and difficult funding decisions loom. Or the mem- bers are still recovering from stinging criticism over a hot community issue. Suddenly, someone says, "Hey, didn't we say last year that we were going to evaluate the manager around this time?" Other members groan in- wardly as they envision yet another series of meetings and potential conflict with other board members. One member says,"Everything seems to be going OK.Let's just go ahead and decide on a salary increase now Is an evaluation really that important?" Avoid the Yes. Pitfalls by Evaluating the performance of the chief administrative officer—whether the title is Using a local government manager or health director Systematic or school superintendent or social services director—is critically important. Evaluation In recent years, jurisdictions increasingly Process have recognized the importance of a useful performance evaluation system to the overall effectiveness of their organizations.They have taken steps to improve their methods of evaluating line workers, supervi- 6 MARCH 1997 AGENDA ITEM# 10A AUGUST 12,2013 sors, and department heads. But one lating specific performance expectations • The board evaluates only the man- important individual is frequently over- for the first time,or that the board is fo- ager's interactions with and behavior looked at performance evaluation time: cused on the manager's conduct in the toward the board,even though mem- the person who reports to the governing most recent crisis,rather than his or her bers recognize that this may represent board.Governing boards have a respon- overall performance. a relatively small portion of the man- sibility to get on with that job.This anti- Here are some common problems ager's responsibilities. cle is designed to show how to evaluate a that boards and managers encounter • The board borrows an evaluation chief administrative officer who reports when they plan for and conduct perfor- form from another jurisdiction or to a governing board, for simplicity mance evaluations: from a consultant without assuring called here the"manager?' that the form matches the needs of its Ironically,the reasons that a manager • The board evaluates the manager own board and manager. may not receive a regular performance only when there are serious perfor- evaluation are the very reasons that an mance problems,or when all or some Most of these pitfalls can be avoided evaluation can be helpful: of the board members already have by planning and conducting a system- decided that they want to fire the atic process for evaluating the manager's • This individual is in a unique posi- manager. performance. A thorough evaluation tion in the organization. • The board realizes it is time to deter- process, like the one suggested below, • He or she serves at the pleasure of the mine the manager's salary for the up- contains several essential components board. coming year, and it schedules a per- (see Figure 1). • He or she may frequently receive con- formance evaluation for the next flitting messages about priorities and meeting without discussing the for- A Suggested Evaluation direction from board members. mat or process of the evaluation. Process • The discussion during the evalua- It is vital for managers to get regular, tion is unfocused,with board mem- Planning the Evaluation. accurate feedback about whether they bers disagreeing about what the 1. Agree on the purpose(s) of the evalua- are meeting the expectations of the manager was expected to accom- tion. Typically, boards identify one or board,but it is unlikely that the organi- plish as well as whether the manager more of the following goals when de- zation will have a useful process in place met expectations. scribing the purpose of an evaluation: for administrators to get that informa- m The board excludes the manager tion in the absence of a well-conceived from the evaluation discussion. • To give the manager feedback on his performance evaluation system. Conducting an effective evaluation is hard work, but it doesn't have to be a Figure 1. Steps in Planning and Conducting an bad experience for the board or the Evaluation Process manager.With planning and a commit- ment to open lines of communication, Planning the Evaluation. chances are good that the experience 1. Agree on the purpose(s)of the evaluation. will result in a new level of cooperation 2. Agree on what the board expects of the manager. and understanding between manager 3. Agree on the frequency and timing of the evaluation. and board and,ultimately,a more effec- 4. Agree on who will be involved. tive working relationship. 5. Agree on an evaluation form to be used. Common Pitfalls Conducting the Evaluation. 1. Have individual board members complete the evaluation form before the Both the board and the manager may ap- evaluation session. proach an evaluation with reluctance. 2. Have the manager do a self-assessment. Board members will be required to talk 3. Agree on a setting for the evaluation discussion. openly and honestly about the positive 4. Have the manager present during the evaluation. and negative aspects of a person's perfor- 5. Consider using a facilitator. mance—a difficult task for many people. 6. Allow sufficient time. The manager must be able to receive this 7. Include a portion during which the board evaluates its own performance. feedback in a nondefensive manner,even 8. Decide on the next steps,and critique the process. when it appears that the board is articu- PUBLIC MANAGEMENT 7 AGENDA ITEM# 10A AUGUST 12,2013 or her performance and to identify may design a process that"protects"the the manager achieves these objectives;it areas in which improvement may be manager from hearing any negative expects the manager to have certain needed. feedback.Although the board's motives knowledge and to exhibit certain skills ▪ To clarify and strengthen the rela- may be good, such a design may not while performing his or her duties. Ex- tionship between the manager and meet the manager's needs if the manager pectations about the manager's knowl- the board. actually wants to be part of the discus- edge and skills also should be articulated ▪ To make a decision about the man- sion,negative comments and all.Spend- by the board.The board may expect the ager's salary for the upcoming year. ing some time talking about the purpose manager, for example, to have oral and of an evaluation at the beginning of the written presentation skills that enable These goals are not incompatible, process will reduce the possibility of him or her to present ideas clearly and and it is possible to accomplish all of misunderstandings and conflicting pri- concisely to diverse groups. It also may these tasks at once.However,it is essen- orities later on. expect the manager to be able to allocate tial that board members and the man- resources in a way that ensures equitable ager discuss and reach agreement on the 2.Agree on what the board expects of the service delivery to citizens and to be able purpose of the evaluation before decid- manager.A job is essentially a set of ex- to delegate work effectively and evaluate ing what the rest of the process will be. pectations. It is possible to assess the performance of his or her staff. For example, a board member who whether or not an individual holding A board's expectations for the man- thinks the main reason for doing an that job has met expectations. But an ager often represent a mix of general evaluation is to make a decision about evaluation can be useful only if an earlier areas of knowledge and skills every man- compensation may think that a brief discussion has taken place in which the ager should possess, as well as specific consultation among board members— board and manager have outlined expec- expectations based on the board's corn- minus the manager—is sufficient to en- tations for the manager's performance.A position, the organization's history, or sure that no members have any major board and manager may discuss expecta- special features-of the city or region. concerns about the manager's perfor- tions in conjunction with setting organi- Therefore, it may be helpful for the mance. This member also may ask for zational goals for the upcoming year, board to use an existing list of manage- input from a personnel specialist who perhaps as part of an annual retreat. rial expectations as input for its discus- can provide information about man- After setting goals, the board may sion, then to customize these expecta- agers' salaries in comparable jurisdic- specify objectives for the manager that tions to fit the needs of the jurisdiction. tions. By contrast, a board member define his or her role in meeting these Many professional organizations—like whose main interest is improving corn- goals. These objectives, then, are the ICMA—can supply such a list; or the munication between the board and the board's expectations concerning the board and manager may contact other manager may suggest a process that in- manager. For example, a city council communities in their area. Remember cludes a conversation between the board may set a goal of working with agencies that a list of expectations for the man- and the manager, with the manager and community groups to reduce drug- ager that comes from a source outside present throughout the evaluation. related crimes in the city. The council the board is intended to begin a discus- A board might question whether the may list one or more objectives for the sion of the board's expectations for the manager should be involved in planning manager related to this goal:identifying manager,not to replace this discussion. the evaluation process,as the evaluation groups and agencies that already are may be seen as the board's responsibil- working to reduce drug-related crime, 3. Agree on the frequency and timing of ity,with the manager as the recipient of forming a partnership that includes the evaluation. The board and manager the evaluation.Yet most boards want to members of all relevant groups, or ex- should agree on how often evaluations conduct an evaluation that is helpful to plaining new programs to the local should be conducted (perhaps once a the manager and provides guidance for media. If the manager needs clarifica- year) and adhere to that schedule. The his or her future actions.Because it can tion of the objectives or has some con- timing of the evaluation also should be be difficult for the board to anticipate cerns about his or her ability to meet the considered.For instance,the board may fully what the manager would—or board's expectations, these issues are wish to have the evaluation cycle and would not—find useful in an evalua- best discussed at the time these objec- budget cycle coincide and to make deci- tion,it is wise to consult with the man- tives are set, rather than a year later, sions about the manager's compensation ager early in the planning process. when the board wants to know why its at such a time.Or,it may choose to con- For instance,the board may feel that expectations have not been met. duct the evaluation before the budget the manager would be uncomfortable In addition to identifying what the process gets under way if it feels that it hearing board members talk about his board wants the manager to achieve, a would not be able to give its full atten- or her performance at first hand and so board typically has an interest in how tion to the evaluation during the 8 MARCH 1997 AGENDA ITEM# 10A AUGUST 12,2013 months leading up to the adoption of edge that many people may have relevant management"may look like Figure 2. the budget. information about the manager's perfor- Following each criterion on the evalu- The board should avoid scheduling mance and that the board should not be ation form is a scale ranging from"does the evaluation just before or after an expected to know everything about the not meet expectations" to "exceeds ex- election. If the evaluation is held too manager's work If the board and man- pectations," with an option of marking soon after an election, new members ager choose not to incorporate other "unable to rate'A board may choose to may not have had the time they need to sources of information in the evaluation, assign numbers to this scale (say, 1 gather information about and form a the board may want to consider omitting through 5, with 1 corresponding to judgment of the manager's perfor- performance criteria that it feels unable "does not meet expectations"and 5 cor- mance.Likewise,it is not a good idea to to judge(such as the coaching and men- responding to "exceeds expectations"). schedule an evaluation just before an toring of subordinates). But a numerical rating system is less use- election if a change in the composition ful in an evaluation of the manager than of the board is expected. 5.Agree on an evaluation form to be used. it is in an organization-wide evaluation Frequently, this is the first step that of all employees, where standardized 4. Agree on who will be involved. All boards consider when planning an eval- comparisons may have some value. In members of the board and the manager uation,and they find it to be a difficult fact, a potential problem with using a should participate in the evaluation task However, if the board already has numerical rating system is that it is easy (more about the manager's presence at discussed and agreed on what it expects to focus on the number as the end in it- the evaluation,below).The full board's of the manager(see Step 2),agreeing on self,rather than simply a shorthand way participation is necessary because all an evaluation form becomes much eas- to express the evaluation.Thus,a board members have relevant information ier. It is simply a matter of translating may discuss at length whether a man- about the manager's performance. In expectations into performance criteria, ager's performance on a given dimension addition, during the planning process, making sure that the criteria are clear is a 3 or a 4,and perhaps conclude that it the board and manager should consider and measurable. For example,three ex- is a 3.5, without fully exploring what whether there are other parties who pectations in the area of"knowledge and these numbers represent. have an important perspective on the skills necessary for local government Samples of evaluation forms may be manager's performance. A common problem is for the board to focus en- tirely on the manager's interactions with Figure 2. Portion of Sample Evaluation Form the board, even though the manager Presentation Skills. The ability to understand an audience and to present spends only a fraction of his or her time in direct contact with the board. an idea clearly and concisely,in an engaging way,to a group whose interests,ed- ucation,culture,ethnicity, age,etc.,represent a broad spectrum of community Although both the board and man- ager may feel that the perceptions of interests and needs. staff,citizens,and others are important, 1 2 3 4 5 I I I I they may be concerned about how these Does Not Meets Exceeds Unable perceptions will be collected and shared. Meet Expectations Expectations Expectations to Rate It is not a good idea for board members to go directly to staff and to poll em- Citizen Service.The ability to determine citizen needs,provide equitable ser- ployees on their views of the managers' vice,allocate resources,deliver services or products,and evaluate results. strengths and weaknesses. Such actions 1 2 3 4 5 would put board members in an inap- propriate administrative role and may Does Not Meets Exceeds Unable put staff members—including the man- Meet Expectations Expectations Expectations to Rate ager—in an uncomfortable position.In- stead,the manager might hold"upward Delegating. The ability to assign work, clarify expectations, and define how review sessions" with his or her staff in individual performance will be measured. order to receive feedback from subordi- 1 2 3 4 5 nates and to report general themes that 1 I I i came out of these sessions as part of his Does Not Meets Exceeds Unable or her self assessment. Meet Expectations Expectations Expectations to Rate The goal is not to make the manager feel under attack;rather,it is to acknowl- 9 PUBLIC MANAGEMENT AGENDA ITEM# 10A AUGUST 12,2013 obtained from ICMA(contact Anthony rate the manager as not meeting expecta- to questions from the board, ask ques- Crowell by fax,202/962-3500)and other tions in a given area because a land use tions,and provide relevant information. professional organizations. Again, it is study has not been completed.Upon dis- Frequently, a board's first impulse is essential for boards and managers to tai- cussion with the manager, however, the to exclude the manager from the evalua- tor forms to meet their needs. board might learn that the study has tion session.Some members may be re- been completed but not yet been pre- luctant to share negative feedback in the Conducting the Evaluation. sented to the board. This distinction manager's presence. Other members 1. Have individual board members corn- would be important because it would may fear that the evaluation will turn plete the evaluation form prior to the suggest different areas for improvement. into an analysis of the manager's han- evaluation session. Setting aside some If the manager has not completed the dung of a single incident,with the man- time for individual reflection is impor- study,the discussion might have focused ager defending his or her actions. Still tant preparation for the evaluation ses- on the importance of meeting deadlines. others may want to shield the manager sion.It reinforces the message that this is Instead,the group could develop strate- from what they perceive to be unduly an important task,worthy of the board gies for improving communication so harsh criticism from a few board mem- members' attention. Making individual that board members will receive infor- bers.These are valid concerns. assessments before beginning a group mation in a timely manner. However, many of the problems an- discussion also increases the likelihood ticipated by the board stem from a lack that each member will form his or her 3. Agree on a setting for the evaluation of planning rather than from the man- own opinion without being influenced discussion. The evaluation should be ager's presence at the evaluation;conse- by the judgments or experiences of conducted in a setting that is private and quently,many of these issues can be ad- other members. comfortable, free from interruptions, dressed in earlier phases of the planning This is not meant to imply that board and considered neutral by all parties. process.For example,a good evaluation members cannot change their minds as These are the same characteristics a form will help ensure that the discussion a result of group discussion;on the con- board may look for in a retreat setting focuses on job-related behaviors rather trary, members frequently change their when it meets to develop a long-range than personal traits and will look at the views of a manager's performance as plan,discuss roles and responsibilities of previous year's performance rather than they hear the perspectives of other new board members, and the like. The that of the previous week members and learn information that idea is to set aside a time and place to Some boards choose to exclude the was not available to them when making address a single topic, away from the manager from the evaluation session their individual assessments. pressure of a loaded agenda. and select one member to summarize Boards frequently ask whether the the board's discussion for the manager 2. Have the manager do a self-assess- manager's evaluation is defined as an after the evaluation has been completed. ment. Inviting the manager to assess open meeting.Because the board is con- Appointing a"designated spokesperson" his or her own performance can add a sidering the performance of the man- to communicate the board's evaluation helpful—and unique—perspective to ager—a public employee—during an to the manager is often frustrating for the evaluation process. In most cases, evaluation,such a meeting may be held both parties.It is difficult for one person the manager can simply complete the in executive session. According to the to summarize a complex discussion in same evaluation form being used by North Carolina open-meetings statute, an accurate and balanced way, and the the board. For the manager, the corn- for instance,a public body may hold an spokesperson may end up overempha- parison of the self-assessment with the executive session to"consider the quali- sizing some points and underemphasiz- assessments of others provides an op- fications, competence, performance, ing or eliminating others.To a manager portunity for insight into his or her character,fitness,conditions of appoint- who is seeking feedback and guidance, own overestimation or underestima- ment, or conditions of initial employ- this one-way communication usually tion of performance level as compared ment of a public officer or employee.' does not give a full picture of the board's with the expectations of the board.For perceptions; consequently, the manager the board, hearing how the manager 4. Have the manager present during the may make future decisions that are not rates his or her own performance evaluation.The above example,in which consistent with the board's expectations. (and, more important, how he or she the board learns important information Even with a careful planning process, arrived at that rating) can help mem- from the manager during the evalua- board members still may have concerns bers gain some insight into whether tion,illustrates the benefit of having the about sharing negative feedback with the board and manager are communi- manager in the room, playing an active the manager. As described in the next cating effectively. role in the evaluation. A manager pre- section, a skilled facilitator frequently As an example,board members might sent during the discussion can respond can diminish these concerns by helping 10 MARCH 1997 al AGENDA ITEM# 10A AUGUST 12,2013 the group discuss these issues in a con- criterion,and the entire group then dis- may wish to set a date in the near future structive way. cusses any differences among individu- when it will set expectations and perfor- After the board has concluded its dis- als' ratings, with the goal of reaching mance measures in preparation for the cussion of the manager's performance,it group consensus on the manager's per- next evaluation. may wish to excuse the manager while it formance in this area before progressing An important final step: Before the makes a decision about the manager's to the next performance criterion. Even evaluation is concluded, all members compensation. The manager presum- with a small board that is in general should assess the evaluation process it- ably will receive any feedback and guid- agreement about the manager's perfor- self. This self-critique helps the group ance from the board before the salary mance, this is a time-consuming pro- look at its own process and learn from discussion,so his or her presence is not cess. Therefore, setting aside a full day its experiences in working together. By necessary at this point. However, the for the evaluation session is a good idea. reflecting on the task just completed,the board should keep in mind that the ac- Although this may seem like a lot of group frequently identifies components tual setting of the manager's salary may time to devote to one issue, the conse- of the process that worked well and as- not be covered under a personnel excep- quences of failing to reach agreement on pects that could have been more effec- tion to an open-meetings law, and for' what the board expects of the manager tive. For example, it may decide that it this reason this determination should can ultimately require far more time and did not clearly define the manager's role take place in an open session. energy. The group may wish to divide in reaching board goals before the evalu- the evaluation session into two half- ation and resolve to address this lack by 5. Consider using a facilitator. A perfor- days,if that is more manageable(both in a specified date. mance evaluation is a complex task,par- terms of scheduling and energy levels). ticularly when an entire group is partici- A process, Not an Event pating in the evaluation. Members may 7. Include a portion in which the board have different views of the manager's evaluates its own performance.In theory, As the steps described here illustrate, past performance or different expecta- it is possible for a board to specify ex- the evaluation of a chief administrative tions for the future.Board members also pectations for the manager and then to officer is a process,not an event.Careful may be reluctant to share negative feed- evaluate the degree to which a manager planning and a commitment to com- back, or they may be concerned that has met these expectations. In practice, munication between the board and the their feedback will be misinterpreted. however,meeting expectations is usually manager throughout the year will For all of these reasons, it often is a two-way street, and it is helpful for a greatly facilitate the actual evaluation helpful to use a facilitator when conduct- board to examine its own functioning and increase the likelihood that it will ing the evaluation.A facilitator can help and how it contributes to—or hinders— be a valuable experience for all involved. the group by monitoring the group's the manager's effectiveness.In one case, One last word:Don't let the fear that process, while leaving all members free a board set a number of high-priority your board has not laid the proper to focus on the task of the evaluation.Pa- objectives for the manager to meet,after groundwork prevent you from getting cilitators often suggest that groups use a which individual board members on with the job. You will probably see set of ground rules to help them accom- brought new"high-priority"projects to some things that you would like to plish their work more effectively. the manager throughout the year.In this change after the first evaluation (and The board might look to local busi- case, the board was partly responsible the second, and the third. . . ). That is ness,civic,and academic leaders for rec- for the manager's failure to meet the ex- what the self-critique is for.The impor- ommendations for qualified facilitators; pectations initially set by the board. tant thing is to begin the process. Mak- or it might contact the Institute of Gov- ing the evaluation a regular part of the ernment at the University of North Car- 8. Decide on the next steps, and critique board's work is the best way to ensure olina at Chapel Hill,or the state's associ- the process.The actual evaluation of the its success. ation of county commissioners, league manager's (and the board's) perfor- of municipalities, school board associa- mance may seem like the last step in the Margaret S. Carlson is a faculty member tion,or similar organizations for help in evaluation process, but there still are a of the Institute of Government, The Uni- this area. number of decisions to be made before versity of North Carolina at Chapel Hill, the next evaluation cycle can begin.The Chapel Hill,N.C. 6. Allow sufficient time. A useful tech- board may wish to have a separate ses- nique for the actual evaluation is a sion to make a decision about the man- Reprinted by permission from Popular. Gov- "round robin" format.Each member in ager's compensation.This is also a logi- ernment published by the Institute of Govern- turn expresses his or her judgment of cal time to talk about expectations and ment, The University of North Carolina at the manager's performance on a given goals for the coming year,and the board Chapel Hill. PUBLIC MANAGEMENT 11 AGENDA ITEM# 10A AUGUST 12,2013 City Manager's Performance Evaluation Sample Form Monitoring the performance of the organization and the City Manager are a continual process for the Mayor and Council. This is punctuated by the annual performance appraisal. John Carver states, "Evaluating the CEO is an important board(Mayor and Council)task. It seeks to ensure that board(Mayor and Council)values are truly in place." The following instrument allows each member of the Mayor and Council an opportunity to evaluate the City Manager based on the following Job Dimensions: ✓ Staff Effectiveness ✓ Policy Facilitation ✓ Service Delivery Management ✓ Strategic Leadership ✓ Democratic Responsiveness ✓ Organizational Planning and Management ✓ Communication ✓ Integrity ✓ Interpersonal Characteristics and Skills ✓ Organizational Values ✓ Personal Development ✓ Self-Mastery ✓ Leadership On each job dimension you are provided the opportunity to rate the relative importance of the dimension from your individual perspective, as well as the performance of the City Manager. Narrative comments are welcomed to provide specific examples,or additional feedback to the City Manager. The combined feedback from this multi-rater form and the City Manager's self-evaluation will provide a framework for discussion during the annual performance evaluation meeting. AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Staff Effectiveness: Level of Importance: ❑ High ❑ MediumE Low ❑No Basis for Rating Staff is professional and high quality performers; providing ❑Exceeds Expectations reports and services that are timely and complete and contain ❑Meets Expectations sound recommendations. ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Demonstrates a commitment to deal with non-performers and ❑ Exceeds Expectations hold the organization accountable for results. ❑Meets Expectations ❑ Almost Always Meets Expectations ❑Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Policy Facilitation ILevel of Importance: ❑ High ❑ Medium❑ Low n No Basis for Rating Presents policy-related information completely and ❑ Exceeds Expectations accurately. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Respects the role of elected officials in making policy ❑ Exceeds Expectations decisions ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations �]No Basis for Rating Ensures that policy decisions and initiatives are implemented. ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Service Delivery Management Level of Importance: ❑ High ❑ Medium❑Low ❑No Basis for Rating Ensures prompt, courteous and accurate responses to requests n Exceeds Expectations from citizens either directly or through the Governing Body. ❑Meets Expectations ❑ Almost Always Meets Expectations ❑Does Not Meet Expectations Comments: Job Dimension: Strategic Leadership Level of Importance: ❑ High ❑ Medium❑ Low No Basis for Rating Anticipates and positions the organization to address and ❑Exceeds Expectations respond to anticipated events and circumstances. ❑ Meets Expectations ❑Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Accepts responsibility for undesirable results ❑ Exceeds Expectations ❑Meets Expectations El Almost Always Meets Expectations ❑Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Democratic Responsiveness Level of Importance: ❑High ❑ Medium❑Low ❑No Basis for Rating Demonstrates an appreciation for the unique culture of the ❑ Exceeds Expectations community. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations (1 No Basis for Rating Respects and promotes active citizen participation in local ❑ Exceeds Expectations governance. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST I2,2013 Job Dimension: Organizational Planning and Management Level of Importance: ❑High ❑ Medium❑ Low t z 7,.s ersM _�� e. ,.k,�.,.v�o, SYWCWWtf 1,_ a ,,,},� +-c n s 1—r ,sa.g (F .�?� � ��ie a-:;�'z' x lz '` X99 �s ST t [iti�f�� ! ❑No Basis for Rating Prepares clear, effective,understandable budget. ❑ Exceeds Expectations ❑ Meets Expectations n Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Manages the allocation of financial resources. ❑ Exceeds Expectations C Meets Expectations n Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Provides accurate assessment of the fiscal condition of the Exceeds Expectations community. n Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Communication Level of Importance: ❑ High ❑ Medium❑ Low n No Basis for Rating Demonstrates a capacity for effective written and oral r Exceeds Expectations communication. ❑Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Conveys information effectively and matches presentation ❑ Exceeds Expectations styles to different audiences. ❑ Meets Expectations n Almost Always Meets Expectations n Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Integrity ILevel of Importance: ❑ High ❑ Medium❑ Low x �� "s °1st y`:.-" `.��.. ;.,' R*43 �_. ❑No Basis for Rating Fosters ethical behaviors. [1 Exceeds Expectations ❑Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations E No Basis for Rating Demonstrates integrity in professional relationships. ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating Demonstrates accountability for personal actions. ❑Exceeds Expectations [1 Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM#10A AUGUST 12,2013 Job Dimension: Interpersonal Characteristics and Skills Level of Importance: ❑ High ❑ Medium❑ Low I n i c. r t 1 1 4 1 C O t trsw s ❑No Basis for Rating Demonstrates the ability to work in harmony with others, ❑ Exceeds Expectations minimizing conflict, fostering good will within the n Meets Expectations organization, in external relationships, with the public and E Almost Always Meets other governmental representatives and interest groups.. Expectations ❑ Does Not Meet Expectations Comments: Job Dimension: Organizational Values Level of Importance: ❑ High ❑Medium❑ Low . n No Basis for Rating Demonstrates and models the organizations values, mission ❑ Exceeds Expectations statement, goals and objectives. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations ❑No Basis for Rating S/he"Walks the Talk!" ❑ Exceeds Expectations n Meets Expectations n Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 Job Dimension: Personal Development Level of Importance: ❑ High ❑ Medium❑ Low i,- 10? tVr . .R.,S S ,r G .-,. tO, .,. dl e 14,21.r,.1.e2,-"'£i; d R ❑No Basis for Rating Demonstrates a commitment to ongoing personal n Exceeds Expectations professional development through continued education and n Meets Expectations training. ❑ Almost Always Meets Expectations ❑Does Not Meet Expectations Comments: AGENDA ITEM It 10A AUGUST 12,2013 Job Dimension: Self-Mastery Level of Importance: ❑,Hig ❑IVied Lori ., - ss . _ ... - Rater Self-Mastery No Basis for Rating Demonstrates adaptability and a capability for coping with ❑ Exceeds Expectations stress. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations No Basis for Rating Respects the views of others and accepts feedback. ❑ Exceeds Expectations ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations U No Basis for Rating Is able to control and manage emotions in conflicts and n Exceeds Expectations interactions. ❑ Meets Expectations ❑ Almost Always Meets Expectations ❑ Does Not Meet Expectations Comments: AGENDA ITEM# 10A AUGUST 12,2013 PUMA POLICY BRIEF BEST PRACTICE GUIDELINES FOR EVALUATION A focus on results is a central element in recent public sector reforms in OECD countries. Evaluation is important in a results- oriented environment because it provides feedback on the efficiency, effectiveness and performance of public policies and can be critical to policy improvement and innovation. In essence, it contributes to accountable governance. The objective of evaluation is to improve decision-making at all levels. Yet its actual use has often proved to be limited, especially in relation to key policy decisions and budget reallocations. These guidelines identify key issues and practices that OECD Member countries should consider when seeking to improve the use of evaluations. They focus on management of evaluation activities in government and management of individual evaluations rather than on methodological questions. It is not their role to determine when evaluation is the most appropriate input to the policy making and performance management process. That decision will best be taken by the Member countries themselves. PUMA Policy Brief No. 5 Public Management Service May 1998 OECD AGENDA ITEM# IOA AUGUST 12,2013 THE GUIDELINES The Best Practice Guidelines for Evaluation are presented in three sections: GETTING THE MOST FROM EVALUATIONS This section defines evaluations, their objectives, main actors, and benefits and costs. 1. Definition and Objectives 2. Identify Main Participants 3. Assess Benefits and Costs ORGANISING THE EVALUATION FRAMEWORK This section discusses practices in relation to improving organisation and use of evaluations across the public sector. 4. Foster Evaluation Culture 5. Manage Evaluation Activities Strategically 6. Enhance Credibility BUILDING EFFECTIVE EVALUATIONS This section discusses practices and priorities for managing individual evaluations. 7. Ensure Links with Decision-Making Processes 8. Choose the Right Evaluator 9. Involve Stakeholders and Communicate Findings Openly PUMA Policy Brief - 5 E Best Practice Guidelines for Evaluation AGENDA ITEM# 10A AUGUST 12,2013 Getting the most from evaluations Definition and objectives ➢ Evaluations are analytical assessments addressing results of public policies, organisations or programmes,that emphasise reliability and usefulness of findings. Their role is to improve information and reduce uncertainty; however, even evaluations based on rigorous methods rely significantly on judgement. A distinction can be made between ex-ante evaluations (or policy reviews) and ex-post evaluations. Many practices discussed in these Guidelines apply equally to both, even if their objectives are different. ➢ The main objectives of evaluations are to improve decision-making, resource allocation and accountability. This can be achieved through informing the public, informing key decision-making processes and encouraging ongoing organisational learning. ➢ Evaluations must be part of a wider performance management framework. They can supplement and improve it,but not replace it. Identify main participants ➢ Successful evaluations are based on collaboration between key participants (evaluators, users and stakeholders),under the leadership of a "commissioner". ➢ Commissioners are organisations that commission evaluations. The commissioner plans the evaluation, monitors its progress, receives the evaluation report, and makes decisions about further action. Commissioners may be ministries or central government agencies(e.g.,the Ministry of Finance or independent evaluation and audit organisations). In some cases the commissioner may also be the evaluator. ➢ Evaluators are those organisations or individuals collecting and analysing data and judging the value of the evaluated subject. ➢ Users of evaluation may be policy-makers, the budget office, auditors,policy or programme managers and staff,users of services,etc. ➢ Stakeholders are those individuals or organisations that have an interest in the policy or programme being evaluated and the findings of the evaluation. Stakeholders and users are often the same actors. Assess benefits and costs ➢ Benefits of evaluations should outweigh their costs and limitations. Both costs and benefits can be affected by careful management of evaluations and by choosing the appropriate evaluators and evaluation methods. ➢ The key value of evaluations is that they allow for in-depth study of performance and independent assessment of effectiveness of other performance management instruments. Potential benefits are the greatest for large policies or programmes. ➢ On the other hand, experience shows that evaluations have often been too costly and time-consuming compared to their real use and effect. There is also a risk of evaluations being used to slow the process of decision-making and justify inaction. PUMA Policy Brief - 5 ® Best Practice Guidelines for Evaluation AGENDA ITEM# 10A AUGUST 12,2013 Organising the evaluation framework Foster evaluation culture ➢ Support for evaluations is demonstrated through willingness of politicians, policy managers and central management agencies (e.g., Ministry of Finance), to make effective use of policy advice generated in evaluations. ➢ Demand for evaluation needs to be generated, specified and articulated by internal and external stakeholders. Evaluations without "ownership" by stakeholders are unlikely to have an effect. Institutional barriers to evaluation such as internal resistance can be reduced through consultation, aiming at creating mutual trust. ➢ The government can support an evaluation culture that encourages innovation and adaptation to a changing environment. The basic message should be that to stay relevant, organisations need to continue learning from feedback about results. ➢ Training and professional dialogue, competent evaluators, well-informed commissioners and enlightened and enthusiastic users all contribute to an evaluation culture. Manage evaluation activities strategically ➢ Organisation of evaluation should correspond to needs and priorities in different policy areas. It may be appropriate to systematise and institutionalise evaluations in key policy areas where the costs of collecting data is high and information limited. However, a more flexible approach will often produce better results and prevent evaluations from becoming paperwork exercises. Special attention should be given to evaluation of activities that cut across many organisations. • Central government agencies play an important role in managing the evaluation process; however, the actual evaluations can be decentralised to different actors at all levels of government. • Development of evaluation skills in different organisations ensures the necessary range of evaluation methods and perspectives (e.g., drawing from both internal and external evaluators), and that each evaluation is designed in accordance with its unique set of issues related to objectives, focus, credibility and intended use. • Special funds for financing evaluations can serve as an important incentive for evaluating public policies; however, they may also serve to encourage use of evaluation when other performance management approaches may be more appropriate. Enhance credibility ➢ Lack of credibility undermines the use of evaluation findings. Factors influencing credibility include the competence and credibility of the evaluator, mutual trust between the evaluator and those evaluated,consultation and involvement of stakeholders and processes for communicating findings. ➢ Professional and ethical standards, and methodological quality of evaluation (encompassing issues such as relevant criteria,adequate data and evidence and reliable and clear findings) also have an effect on the credibility of evaluation. Quality assurance and open and frank dialogue can improve credibility by exposing and rectifying potential weaknesses in evaluations. PUMA Policy Brief - 5 Best Practice Guidelines for Evaluation AGENDA ITEM# 1 OA AUGUST 12,2W 3 Building effective evaluations Ensure links with decision-making processes ➢ Evaluation information can be an important factor in policy formulation to improve the quality of policy intervention and in the budget process to support priorities and savings. Relevant evaluations address issues that are significant for political,budgetary,management and other strategic reasons. ➢ Objectives of evaluation determine location, methodology and use of evaluation. The proposed use of evaluation should be clearly defined. Evaluations should be tailored to the characteristics of a policy intervention and evaluation methods should match the objectives of the evaluation, taking constraints such as costs and time into account. Building requirements for evaluations into policies from the start, and defining their objectives clearly,will improve the usefulness of evaluation and facilitate planning. ➢ Planning improves the management and quality of evaluation. The commissioner is responsible for planning evaluations, including defining objectives, criteria, data collection and methods. Timing is important, but the decision-making cycle is often unpredictable and decisions are often taken before evaluations have been finalised. Choose the right evaluator ➢ Self evaluation by an organisation is appropriate when the main objectives are organisational learning and improved implementation. However, the time and skills of staff may be insufficient, the range of issues covered may be limited and the credibility of findings may also be questioned. ➢ Evaluation by central management agencies is appropriate when the objective is improving budget priorities and when it is important that the evaluator has close links with decision-making processes. ➢ Evaluation by external evaluators (e.g., research bodies and management consultants) is appropriate when the objective is to provide new perspectives on public policies or when there is a need for specialised evaluation skills. However, these evaluators may have limited understanding of the substance and the culture of the evaluated policy or organisation and offer theoretical evaluations. ➢ Independent evaluation is appropriate when the objectives are to improve accountability and transparency. However,policy managers, or the administration in general, may be reluctant to accept the findings and recommendations. Performance audits are often similar to evaluations. Their key features include independence of the auditor and a focus on accountability rather than improvement. Involve stakeholders and communicate findings openly ➢ Stakeholders, including staff, can be appointed to evaluation commissions or involved through steering or advisory groups. Participatory evaluation methods can be used to create consensus and ownership for a change process. Dialogue with users and staff improves understanding and responsiveness to their needs and priorities. Participation must be managed due to the costs, time constraints and the risk of capture from such processes. ➢ Presenting evaluation findings openly increases credibility and creates pressure to act upon findings. Public availability of reports and meetings are useful to present and stimulate dialogue on findings. Judgements and recommendations based on clear criteria attract attention and promote subsequent action.Judgements should focus on overcoming problems rather than on assigning blame. PUMA Policy Brief - 5 IM Best Practice Guidelines for Evaluation AGENDA ITEM# 10A AUGUST 12,2013 — About this Policy Brief... As a part of its work on Performance Management, the PUMA Secretariat has studied evaluation in Member countries in order to identify key issues and practices to improve the use of evaluations. These Guidelines draw on experiences from Member countries. They address issues relevant for central agencies responsible for evaluation strategies of government and for those managing individual evaluations. The Guidelines were reviewed and endorsed by both PUMA's Performance Management Network and the Public Management Committee. It must be emphasised that there is no single right way to organise and conduct evaluations. The choice of methods will depend on several factors, including the objectives of evaluations, the role of evaluations in a wider performance management framework, and institutional and political considerations. A background report Improving Evaluation Practices will be available in September 1998. In preparing the report the Secretariat was assisted by a Reference Group of senior officials and experts from Australia, Canada, Sweden, the United States and the European Commission. These Guidelines and the background report, along with other information about PUMA's work in the area of public sector performance management and evaluation, may be found on PUMA's Internet site at: http:www.oecd.org/puma/mgmtres/pac/index.htm For further information about the OECD's work in this area please contact: Sigurdur Helgason - E-Mail: sigurdur.helgason @oecd.org - Fax: (33-1) 45.24.87.96 AGENDA ITEM# I0A AUGUST 12,2013 360 Performance Evaluations Our 360 performance evaluations feedback 360 Performance Management system is a multi-rater feedback process that provides management and lenders with an Systems Dramatically Improves opportunity to receive an accurate evaluation of Leadership Effectiveness their job performance from the people around them--their boss,their peers,and the people whose work they supervise.From this 360 degree jj y performance feedback,managers can compare T r the opinions of others with their own perceptions, positively identify their strengths,and pinpoint the areas of their job performance that could be improved. • atilh • This assessment process is concerned with a manager's job performance in eight skill clusters and IS universal competencies,described as follows: • Communication • Leadership O Listens to others o Instills trust with a Processes information employee o Communicates o Provides direction effectively 0 Delegates responsibility • Adaptability • Relationships o Adjusts to circumstances o Builds personal O Thinks creatively relationships o Facilitates team success • Task Management • Production o Works efficiently o Take action o Works competently c Achieves results ▪ Development of Others • Personal Development o Cultivates individual o Displays commitment talents o Seeks improvement a Motivates successfully AGENDA ITEM# I0A AUGUST 12,2013 City Manager Performance Evaluation City of Evaluation period: to Governing Body Member's Name Each member of the governing body should complete this evaluation form, sign it in the space below, and return it to . The deadline for submitting this performance evaluation is Evaluations will be summarized and included on the agenda for discussion at the work session on Mayor's Signature Date Governing Body Member's Signature Date Submitted Page 1 of 7 AGENDA ITEM# 10A AUGUST 12,2013 INSTRUCTIONS This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the city manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of"3 = Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented by the governing body to the city manager as part of the agenda for the meeting indicated on the cover page. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS Diligent and thorough in the discharge of duties, "self-starter" Exercises good judgment Displays enthusiasm, cooperation, and will to adapt Mental and physical stamina appropriate for the position Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal = 5 = score for this category Page 2 of 7 Initials AGENDA ITEM# 10A AUGUST 12,2013 2. PROFESSIONAL SKILLS AND STATUS Maintains knowledge of current developments affecting the practice of local government management Demonstrates a capacity for innovation and creativity Anticipates and analyzes problems to develop effective approaches for solving them Willing to try new ideas proposed by governing body members and/or staff Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal = 5= score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY Carries out directives of the body as a whole as opposed to those of any one member or minority group Sets meeting agendas that reflect the guidance of the governing body and avoids unnecessary involvement in administrative actions Disseminates complete and accurate information equally to all members in a timely manner Assists by facilitating decision making without usurping authority Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal = 5= score for this category 4. POLICY EXECUTION Implements governing body actions in accordance with the intent of council Supports the actions of the governing body after a decision has been reached, both inside and outside the organization Understands, supports, and enforces local government's laws, policies, and ordinances Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal T 5= score for this category Page 3 of 7 Initials AGENDA ITEM# IOA AUGUST 12,2013 5. REPORTING Provides regular information and reports to the governing body concerning matters of importance to the local government, using the city charter as guide Responds in a timely manner to requests from the governing body for special reports Takes the initiative to provide information, advice, and recommendations to the governing body on matters that are non-routine and not administrative in nature Reports produced by the manager are accurate, comprehensive, concise and written to their intended audience Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny Add the values from above and enter the subtotal + 5= score for this category 6. CITIZEN RELATIONS Responsive to requests from citizens Demonstrates a dedication to service to the community and its citizens Maintains a nonpartisan approach in dealing with the news media Meets with and listens to members of the community to discuss their concerns and strives to understand their interests Gives an appropriate effort to maintain citizen satisfaction with city services Add the values from above and enter the subtotal _ 5= score for this category 7. STAFFING Recruits and retains competent personnel for staff positions Applies an appropriate level of supervision to improve any areas of substandard performance Stays accurately informed and appropriately concerned about employee relations Professionally manages the compensation and benefits plan Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal _ 5 = score for this category Page 4 of 7 Initials AGENDA ITEM# I0A AUGUST 12,2013 8. SUPERVISION Encourages heads of departments to make decisions within their jurisdictions with minimal city manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the city manager's office Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback Encourages teamwork, innovation, and effective problem-solving among the staff members Add the values from above and enter the subtotal e 5 = score for this category 9. FISCAL MANAGEMENT Prepares a balanced budget to provide services at a level directed by council Makes the best possible use of available funds, conscious of the need to operate the local government efficiently and effectively Prepares a budget and budgetary recommendations in an intelligent and accessible format Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability Appropriately monitors and manages fiscal activities of the organization Add the values from above and enter the subtotal = 5 = score for this category Page 5 of 7 Initials AGENDA ITEM# 10A AUGUST 12,2013 10. COMMUNITY Shares responsibility for addressing the difficult issues facing the city Avoids unnecessary controversy Cooperates with neighboring communities and the county Helps the council address future needs and develop adequate plans to address long term trends Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal + 5= score for this category NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? What performance area(s) would you identify as most critical for improvement? Page 6 of 7 Initials AGENDA ITEM# 10A AUGUST 12,2013 What constructive suggestions or assistance can you offer the manager to enhance performance? What other comments do you have for the manager; e.g., priorities, expectations, goals or objectives for the new rating period? Page 7 of 7 Initials AGENDA ITEM#10A AUGUST I2,2013 LEADERSHIP Rate the ability of the city manager to inspire,encourage and facilitate the activities of subordinates and peers to achieve City goals. Consider the degree of ingenuity demonstrated in seeking proactive solutions and assuming responsibility for outcomes as well as creativity,resourcefulness,and communicating in a manner that inspires confidence or builds support. Rating Descriptive Statements NI FME EE NA General Comments Takes a proactive approach to issues Motivates and inspires council,staff, and the public Offers new ideas,processes and procedures to council,staff and the public Provides mentoring and coaching to key staff Understands his staffs strengths and shapes programs around those List notes or comments that support the overall rating on leadership NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell AGENDA ITEM# 10A AUGUST 12,2013 FISCAL MANAGEMENT AND BUDGETING Rate the city manager's ability to prepare an operating and a capital budget,be responsible for(or delegate)purchasing,ensure the collection of revenues,administer the financial affairs of the city,and prepare reports to council to keep members abreast of the city's financial condition,per the city's charter. Rating Descriptive Statements NI FME EE NA General Comments Ensures purchasing policies are followed and informs council when revisions are needed Prepares realistic and understandable budget documents Operates the city's finances in compliance with generally accepted accounting principles Maximizes all efforts to collect taxes and other revenues and seeks new revenue sources Manages the budget within the confines of what the council adopted Makes the best use of available funds, conscious of the need to operate the city efficiently and effectively List notes or comments that support the overall rating on fiscal management and budgeting NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell AGENDA ITEM# 10A AUGUST 12,2013 SERVICE DELIVERY AND ADMINISTRATION Rate the ability of the city manager to supervise the administrative affairs of the city to include staffing,the management of the departments,and the provision of city services. Basically,the ability to run the city. Rating Descriptive Statements NI FME EE NA General Comments Ensures the public receives city services efficiently and effectively Enforces laws and policies adopted by the council and the state Makes sure staff has the resources it needs to do its job Responds appropriately to citizen and employee complaints and/or concerns Performs duties within given time frames List notes or comments that support the overall rating on service delivery and administration NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell AGENDA ITEM# 10A AUGUST 12,2013 CITIZEN AND COMMUNITY RELATIONS Rate the effectiveness of the city manager in dealing with the citizens,the public,intergovernmental agencies,businesses and non- profits. Is fair,responsive,professional,polite,open,skillful with the media,cooperative,and listens. Rating Descriptive Statements NI FME EE NA General Comments Asks for and gives attention to concerns and opinions of all community groups and individuals Uses sensitivity,diplomacy,and empathy when dealing with the public Interacts effectively with federal,state and other local government representatives to achieve potential benefit for the city Demonstrates openness,receptiveness, and approachability in both formal and informal situations Deals effectively with the media List notes or comments that support the overall rating on citizen and community relations NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell AGENDA ITEM#10A AUGUST 12,2013 PERSONAL AND PROFESSIONAL QUALITIES Evaluate the character of the city manager,his integrity,his ethics,his fairness and equity in dealing with employees,the council and the public,his dedication to professional development,time management,problem solving and decision making skills. Rating Descriptive Statements NI FME EE NA General Comments Projects a positive and professional image Has complete personal and professional integrity Demonstrates continuous professional development Adheres to the ICMA code of ethics Works toward gaining and maintaining the respect and support of staff List notes or comments that support the overall rating on personal and professional qualities NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell AGENDA ITEM# 10A AUGUST 12,20I3 CITY COUNCIL RELATIONS Rate the effectiveness of the city manager in dealing with council members including prompt,thorough and complete information provided equally to all council members;the lack of surprises on behalf of council members;availability;tact;responsiveness;and how well he successfully interprets the direction and intent of council. Rating Descriptive Statements NI FME EE NA General Comments Assists by facilitating decision making without usurping authority Disseminates complete and accurate information equally to all members in a timely manner Responds well to requests,advice,and constructive criticism Presents multiple options for council to consider Keeps the council informed of administrative developments List notes or comments that support the overall rating on city council relations NI=Needs Improvement, FME=Fully Meets Expectations, EE=Exceeds Expectations, NA=No observation or too early to tell AGENDA ITEM# 10A AUGUST 12,2013 ADDITIONAL NARRATIVE—LOOKING AHEAD What would you identify as the manager's strength(s),expressed in terms of the principal results achieved during the rating period? What performance area(s)would you identify as most critical for improvement? What constructive suggestions or assistance can you offer the city manager to enhance performance? What other comments do you have for the manager,e.g.priorities,expectations,goals or objectives for the new rating period? Please provide recommendations and comments on a possible change in compensation and a contract extension beyond the current expiration date of August 8,2013. AGENDA ITEM# 10A AUGUST 12,2013 1;301.00111;0$0,11.1'1. CITY OF ATLANTIC BEACH Employee Performance Evaluation The purpose of this employee evaluation is to evaluate performance, take a personal inventory, pinpoint strengths, outline and wee upon a practical program for improvements and establish tasks and goals for the next evaluation period. In conducting performance reviews,these evaluations will provide a history of performance, development and progress. NAME OF EMPLOYEE: JOB TITLE: DEPARTMENT/DIVISION: SUPERVISOR: RATING PERIOD: From: To: DATE OF EVALUATION: TYPE OF EVALUATION: ❑ ANNUAL ❑ OTHER DATE OF INITIAL/LAST REVIEW: DATE OF MID-YEAR REVIEW: PERFORMANCE RATINGS Far Exceeds Requirements: Performance was consistently well beyond requirements Exceeds Requirements: Performance consistently exceeded responsibilities,standards and objectives Meets Requirements: Performance consistently met the majority of responsibilities,standards and objectives Below Requirements: Performance frequently did not meet requirements Well Below Requirements: Performance consistently fell well below requirements SECTION I. PERFORMANCE TASKS/STANDARDS 1. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 2. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: AGENDA ITEM# 10A AUGUST 12,2013 3. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 4. Well Below Below Meets Exceeds Far Exceeds Requirements - Requirements Requirements Requirements Requirements Comments: 5. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 6. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 7. Well Below Below Meets Exceeds Far Exceeds Requirements ` Requirements Requirements Requirements Requirements Comments: AGENDA ITEM# 10A AUGUST 12,2013 SECTION IL °` PERSONAL TRAITS/STANDARDS 1. INTERPERSONAL SKILLS Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements a. Sincere interest in job Comments: b. Effectiveness In working with others c. Communications d. Cooperation e. Flexibility 2. APPEARANCE Well Below Below Meets Exceeds Far Exceeds a. Neatness and appropriateness of Requirements Requirements Requirements Requirements Requirements grooming,dress and characteristics Comments:. b. Projects a positive image c. Appropriate personal hygiene 3. INITIATIVE Well Below Below Meets Exceeds Far Exceeds a. Self motivated Requirements Requirements Requirements Requirements Requirements b. Ability to keep working without Comments: prompting c. Conscientious d. Hardworking/Productivity e. Willingness to pursue challenges • 4. JUDGEMENT/KNOWLEDGE Well Below Below Meets Exceeds Far Exceeds a. Recognition of problems Requirements Requirements Requirements Requirements Requirements b. Application of common sense,logic Comments: and decision-making principles c. Recognition of appropriate responses 5. RELIABILITY/DEPENDABILITY Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements a. Observance of work schedule b. Adheres to instructions and policies Comments: c. Meets deadlines d. Completes tasks e. Attendance f. Safety g. Accepts responsibility AGENDA ITEM# 10A AUGUST 12,2013 SECTION III. GOALS/STANDARDS FOR THE YEAR 1. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 2. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 3. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 4. Well Below Below Meets - Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: 5. Well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Comments: AGENDA ITEM# 10A AUGUST 12,2013 SECTION IV. AREAS OF STRENGTH/OTHER SIGNIFICANT ACCOMPLISHMENTS AND RECOMMENDED AREAS OF IMPROVEMENT . 1.Indicate significant job-related accomplishments since the employee's last review or date of hire. Relate these to any previous established work program or objectives where applicable. Also,indicate those activities or accomplishments that were significant in the employee's career development since your last review or date of hire(e.g.,education courses or degree completion,seminars, etc.) 2. What recommendations(as to further training or behavioral change,etc)do you have that will help to improve this employee's performance? Indicate dates,as applicable,for improvement. This section should also include any changes in standards or tasks. If training is indicated,ensure to provide individual with opportunity to attain it. (Use additional sheets as necessary) Supervisor's Overall Rating well Below Below Meets Exceeds Far Exceeds Requirements Requirements Requirements Requirements Requirements Supervisor's Signature Date SECTION V. EMPLOYEE'S GENERAL COMMENTS EMPLOYEE CERTIFICATION: I certify that this evaluation has been reviewed and discussed with me and a completed copy will be placed in my personal file. I understand that my signature does not necessarily indicate my agreement with the evaluation. Employee's Signature Date SECTION VI. REVIEWER'S RATING AND GENERAL COMMENTS a Concur with ratings of Supervisor Reviewer's Overall Rating u Concur with ratings of Supervisor except as noted by my initials Reviewer's Signature Date AGENDA ITEM# 10A AUGUST 12,2013 ATTACHMENT ;4 PERFORMANCE EVALUATION PREPARATION WORKSHEET Name: Date: Department: Job Title: Instructions: The Performance Evaluation Preparation worksheet should be provided to employees 30 days in advance of their performance appraisal. The form should be turned into the supervisor 15 days in advance of the appraisal date and be used in conducting the appraisal review. All inputs from the employee are optional. 1. In your opinion,what are your major contributions this year? 2. List anything you've done this year that you want management to be aware of such as community activities; teams,committee work/projects;education and/or courses completed,etc. • 3. In your opinion,what are you main strengths? 4. Describe your interpersonal skills. Give examples where you have effectively resolved conflict,effectively communicated on projects or lead our organization. AGENDA ITEM# IQA AUGUST 12,2013 5. List any significant responsibilities you have assumed not yet incorporated into your job descriptions. 6. List any subjects you would like to discuss during your performance appraisal. 7. List below any goals you would like to accomplish in your position in the upcoming year 8. List any items that I,as your supervisor,might do to assist you to improve the performance of your duties. Signature of Employee Date i E I _.