8-10-15 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
August 10,2015-6:30PM
AGENDA
Call to order
Invocation and pledge to the flag
1. A.
B.
Approve the minutes of the Commission Meeting of July 27, 2015.
Approve the Minutes of the Town Hall Meeting of July 20, 2015.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
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 Public Works Monthly Project Report for July 2015.
B. Approve the use of Line and Grade Contracting, LLC for Miscellaneous Concrete Repair
for Atlantic Beach, piggy-backing off Jacksonville Beach's Contract 08-1314.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 15-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING A ZIP
CODE BOUNDARY REVIEW BY THE UNITED STATES POSTAL SERVICE TO CHANGE
THE LAST LINE OF THE ADDRESS FROM ATLANTIC BEACH TO JACKSONVILLE FOR
PROPERTIES WHICH ARE NOT WITHIN THE CITY OF ATLANTIC BEACH
7. Action on Ordinances
A. Ordinance No. 70-15-18, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 20, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH, BY AMENDING SECTION 20-82 ADDITIONAL HOMESTEAD EXEMPTION
AUTHORIZED AND ADDING SECTION 20-82(b) TO AUTHORIZE AN ADDITIONAL
EXEMPTION, AMENDING SECTION 20-83, ANNUAL ADJUSTMENT TO HOUSEHOLD
INCOME; DIRECTING THE CITY CLERK TO PROVIDE A COPY TO THE DUVAL
COUNTY PROPERTY APPRAISER'S OFFICE; REQUIRING A MAJORITY PLUS ONE
VOTE OF ALL MEMBERS OF THE GOVERNING BODY TO BE EFFECTIVE, PROVIDING
FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
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8. Miscellaneous Business (Discussion only)
A. Grant Status Repmi by Langton Associates.
B. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a
Circular Driveway at 800 Sheny.
C. Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the Commercial
General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1.
D. Discussion of proposed development at 535 Atlantic Blvd. (Commissioner Mark)
9. City Manager
A. 90-Day Calendar (August through October 2015)
10. Reports and/or requests from City Commissioners and City Attorney
Adjourn
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City's website at www.coab.us.
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 pmticipate in this meeting should contact the City Clerk by 5:00PM, Friday, August 21,2015.
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IN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
July 27, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson VanLiere
AGENDA ITEM #lA
AUGUST 10, 2015
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Attorney Richard Komando
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge:
Mayor Woods called the meeting to order at 6:30p.m. Mayor Woods asked for a moment of silence to honor
the four marines who were killed by terrorist acts in Chattanooga, Tennessee. Commissioner Daugherty led
the Lord's Prayer as the Invocation, followed by the Pledge of Allegiance to the Flag.
1. Approval of Minutes
A. Approve the minutes of the Commission Meeting of July 13, 2015.
B. Approve the minutes of the Town Hall Meeting of April18, 2015.
Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments. She introduced Representative Stan Jordan, and former Mayors Suzanne
Shaughnessy and Mike Borno who were in the audience.
Paul Eakin, 599 Atlantic Blvd., spoke as the adjacent landowner to the Gate development. He distributed a
handout (which is attached and made part of this Official Record as Attachment A) to those on the dais,
including a letter of October 7, 2014 from the Building and Zoning Director Jeremy Hubsch to Brad Davis
with Prosser, Inc., which is the development group for the Gate Corporation. He stated the letter confirms
that the proposed gas station at 535 Atlantic Blvd. is allowed by right as an "automobile service station" in
the Commercial General Zoning District, which Mr. Hubsch states has been reviewed by both . the City
Attorney and him. Mr. Eakin stated that letter references automobile service station, which by Code is
defined as a permitted use in the Commercial General District, and defines an automobile service station with
minor automotive repair and accessory car wash. He stated this proposed development does not do any minor
automotive repair and has no accessory car wash, so it is not an automobile service station. He stated,
therefore, it is not properly zoned as such, where it sits. He pointed out that Mr. Hubsch's initial opinion of
this development, given on January 7, 2014, was referring to a section in the Code that incorporates as
permitted uses in the Commercial General Districts the uses-by-exception in the Commercial Limited
Districts and he references six fueling pumps. Mr. Eakin stated in the Commercial Limited Zoning Districts,
which is included in the handout, there are convenience food stores with retail sale of gasoline limited to six
fueling positions, which is what Mr. Hubsch is making a reference to. He asked how does Mr. Hubsch go
from his initial opinion to his later opinion. He stated in his email of April 25, 2014, Mr. Hubsch explains
"As for the pump question. Your client can build 8 fueling stations (16 dispensers). Our CG district does not
define an exact number. It only states that what is allowed in CL as a use-by-exception is allowed by right in
July 27, 2015 REGULAR COMMISSION MEETING
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CG. Since our CG district does not define the exact number above what is allowed in CL, I checked COJ's
CCG-1 district, which is most similar to our CG. It does not put a cap on maximum fueling stations. So I can
use that to allow the 8 fueling stations." Mr. Eakin stated our Zoning Director referred to the City of
Jacksonville's Zoning Code to interpret what our Code meant, completely forgetting that automotive service
stations and minor automotive repair are defmed in our Code. He stated what Gate is building there is not
those things; it is a convenience store and is limited to six fueling positions.
Barry Adeeb, 501 Atlantic Blvd., owner of Beach Diner, thanked the people who banded together, his
staff, his loyal customers, his friends and supporters who pulled this together in the last few days to support
his diner. He stated on October 2014 when Gate Petroleum purchased the property, at that point they were
getting no parking. He stated they have been there for 18 years with 12 years remaining on their lease. He
stated they have no squawk with wanting a gas station in areas that need gas stations but at the end of the day
there is a time and place for everything. He stated the Code Mr. Eakin referenced allows for three islands and
six pumping stations, which they can co-exist with and make it work. He stated for whatever reason that
never happened and now the proposed development that is on the books basically squeezes his customers and
loses their parking. He stated if we don't stand up for what we believe in, who is going to, which is why they
are here today. He stated he stands for his customers and his staff. He stated for his people to have to park in
an area that is not sufficient to keep the economy of their business where it is viable does not make sense. He
stated the neighborhoods behind them have a safety issue, a traffic issue, a crime issue, and a noise issue if
this development goes through. He showed a prototype of the proposed station, which has seven islands and
fourteen pumping stations. He stated they have nothing against a mega gas station but it doesn't belong here
in this neighborhood; it is too big, too onerous and there is too much lighting and noise. He stated it doesn't
make sense in this neighborhood and he doesn't believe it is good for Atlantic Beach.
Stan Jordan, 501 Atlantic Blvd., introduced one ofthe employees ofthe diner, stating she had just become a
citizen of the United States last month from the Ukraine. He stated they have limited their number of speakers
to one community member and asked that she be allowed to speak after him. He stated they believe that the
Ordinance the City has on the books is sufficient and ask that the Commission enforce it. He stated the
zoning is limited based on the current definition but they also have another part which is permitting and
requires the wisdom of this assembly to examine all the components that impact the community and
determine what is the best use of this property. He asked what they want this community to be, because if
this project goes through when they submit it they will have it forever. He stated the Atlantic Beach Diner
will not back up, give up, or shut up, but they will stand up. He asked the audience here in support of their
position to stand rather than speak. He stated they are a small business and don't have deep pockets. He
stated this is a David and Goliath struggle; we are small and they are big; but remember who won that one.
Nancy DeCandis, 515 Sturdivant St., asked that the Commission give consideration to the remarks made by
the three gentlemen who came before her because those remarks represent a great number of people, many of
whom could not make it tonight. She asked that they picture their homes and their neighborhoods and then
look across a two lane street and see the construction of a Gate gas station across the street from their house
and their neighborhood. She asked if that is how they want their community to be represented.
Mike Borno, 223 Ocean Forest Dr. N., stated they talk about small business and supporting their
businesses and it is very vital to our City because we utilize them and patronize them. He stated he believes
that is the crux of this and believes there is a reasonable boundary that needs to be worked out and he believes
the lawyers are the only ones getting rich in this battle back and forth. He also stated there was an article in
the Florida Times Union about the voting at the July 13 meeting and he wanted to publicly clarify that he
never, in all his time in office, had a situation like the one referred to in the article and he never voted twice
on an Issue.
July 27,2015 REGULAR COMMISSION MEETING
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Travis Stratmann, 12225 High Laurel Drive, newly elected President of the Atlantic Beach Baseball Park,
addressed the letter sent to the Commission regarding an issue that occurred at the ballpark. He stated just
last week they elected a new board at the ballpark and he will do his best to make sure that these issues do not
persist.
Chris Jorgensen, 92 W. 3rd St., addressed the Commission stating he is opposed to the Sea Committee and
although some of the concepts are nice, as a committee he doesn't view it as beneficial.
T.R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, stated he was here with Becky
Hamilton of Gate Petroleum and they just learned of this presentation today so he doesn't have anything
prepared to address some of the things that have been said. He stated Gate has worked for over a year with
City staff to make sure its proposed use complies with all laws and regulations and has every intent to make
sure its proposed use will comply with all laws and regulations. He stated only when they were certain of
that and had received confirmation did Gate Petroleum close on its purchase of the property. He stated there
has been a lot of speculation here tonight about what the station will look like regarding its design and
configuration. He stated the fact is that the design and configuration of this station is not final so anything
you have seen or heard is not a fact. He stated what will determine, in part, the design and configuration of
this station is a private dispute regarding parking between Gate Petroleum and Mr. Adeeb. He stated they
have tried to reach settlement; that has not been productive or successful and they were unable to. He stated
they are asking the court to tell them how much parking Mr. Adeeb is permitted. He stated that decision of
the court will, in part, determine the design and configuration of the station. He stated they don't have any
presentation tonight to respond to Mr. Eakin's comments regarding some of the technical issues he raised.
He stated they were not aware of his objection and didn't have enough time to put together any item by item
response to it. He stated they have nothing bad or negative to say about Mr. Adeeb, Mr. Jordan, or any of the
other speakers, but they do disagree with some of the things that have been said about Gate Petroleum. He
stated Gate looks to local government for fairness and due process and they have seen that kind of
professionalism from the City's staff. He stated Gate is prepared to be professional, courteous and responsive
in its dealings with the City and with Mr. Adeeb and any neighbor.
Mitch Reeves, 1663 Sea Oats Drive, addressed the last Commission meeting, stating he is totally against the
Seaside Council. He stated he is not interested in our City being a surrogate mother of a grant, which is
exactly what it is. He stated as Commissioner Hill stated a grant does cost the City money. He stated we
have other issues in Atlantic Beach that we should be focusing on. He stated this was not a legal vote; there
was a mistake made. He stated he had asked for a point of order and was told he was not a Commissioner,
that he did not have the right to do that and that is incorrect. He stated any citizen who sees an error has been
made has the right to ask the Chair for point of order. He stated with all respect to the Chair, the Chair also
has the right to recognize that person or not recognize. He stated the Chair chose not to recognize me. He
stated if the Chair had recognized him that night, they wouldn't be back in here again discussing this because
it would have failed. He stated if this comes back up for a vote tonight, he can tell them that citizens are not
interested in having this.
Tom Hindle, 381 9th St., addressed the parking problem at Town Center. He stated Atlantic Beach has 49
parking spots while Neptune Beach has 108 and by 9:00 a.m. all those 49 parking spots are filled by the
beachgoers, construction workers, One Ocean employees and lifeguards before the local businessman can
even open. He stated this is unfair to the business owners and the residents and believes a solution would be
to put in restricted hours on those City streets during the day. He stated there are currently 16 spots that say 2
hours parking from 7:00 a.m. -6:00pm but it is never enforced. He stated his recommendation is to put
July 27,2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
AUGUST 10,2015
Page4
those same restrictions on every one of the 49 spots on the street and it would be advantageous to the
residents and business people.
Joan McCloud, 176 Magnolia St., addressed the drainage project in the Salt Air subdivision stating her
property is being devalued, she may lose a tree in her front yard because of all the roots that were taken out,
and the mosquitoes are a problem because they do have some standing water now. She doesn't believe any of
the Commissioners would have voted for this in their front yard, after seeing the end result. She asked if
there is anything they can do to reinvestigate what is being done in the area for the streets that still have to do
it.
John Stinson, 150 12th Street, addressed the Seaside Community Council stating he is against the Council.
He stated at the last Commission meeting there was a mistake made in the application of Roberts Rules of
Order and, although he is not implying it was intentional, it had the perception of being intentional. He stated
there needs to be some clarification from this group about how and why it happened and what we are going to
do to fix it. He stated the rule that was misapplied was that we had one member of the Commission who got
to vote two times on one issue and, as Mr. Reeves said, he spoke up. Mr. Stinson stated he was just
flabbergasted and could not believe what he had just seen. He stated not five minutes before that ruling
Commissioner Daugherty had questioned the intent of the motion to defer, stating he believed it would end in
a 2-2 tie and that would die as would the motion to create the Seaside Council. He stated then five minutes
later we have a 2-2 tie and the vote goes the other way, which was the misapplied rule. He asked, how did
that happen? He stated that is not the first tie vote we have seen in Atlantic Beach. He stated we all make
mistakes, but it is how you own your mistakes and what you do to correct them and he believes the way this
Commission needs to correct that mistake is all of them need to vote against that, go back to square one. He
stated if they go back, educate the citizens on what they want to do with this thing, they might get the support
of the people instead of all the opposition. He challenged the Commission to own their mistake, correct it
and go back to the drawing board and start again.
Kelly Tuttle, 1860 Sea Oats Drive, spoke against the development of Gate at the proposed location, but
stated she believes there can be a co-existence. She asked that they take the right steps to make sure that the
proposals meet what Atlantic Beach wants to grown into. She stated a behemoth like Gate makes $1.4
billion/year and it truly is David and Goliath. She stated they have a very difficult job ahead and she looks
forward to seeing what the design proposals are going to be.
Pamela Shelly, 156 Poinsettia St., stated she has worked for Gate Petroleum in the past and believes they
are a fair company and will try to live cohesively with us. She stated she hopes the Commission makes Gate
adhere to strict guidelines as far as being their neighbor and also pleads to Gate to be considerate to those
who will be living behind them and do their best to buffer them from Atlantic Blvd. and their traffic and
make it as aesthetically adjustable to them as possible. She stated she believes a resolution can be made.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
Mayor Woods adjoumed the meeting at 7:19pm. She reconvened the meeting at 7:24pm.
Mayor Woods stated they had some issues at the last meeting conceming procedures so due to all of the
confusion she prepared a slide presentation on Commission Meeting Procedures and Rules (which is attached
and made part of this Official Record as Attachment B) to help everyone better understand the Commission
meeting rules, which she explained. She stated the main error at the last meeting was the omission of
addressing Agenda Item 7 (Ordinance creating the Seaside Community Council). She stated she did not vote
twice; what she said was that the Mayor's vote breaks the tie, which was incorrect. She stated since that item
July 27, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
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PageS
was not addressed, it remains unfinished business. She stated she has the right as the proposer to withdraw
this item from consideration and as Mayor she has the right to appoint committees without the need of
Commission approval. She stated at this point she is taking into consideration all of the comments and
suggestions people have made and will now withdraw Item 8B (Discussion on the process for the Seaside
Community Council) from consideration at this time.
Commissioner Hill asked the City Attorney if a gallery member calls for a point of order, does the Mayor
have the right to acknowledge it if she chooses to. Mr. Komando stated he should be able to give him an
answer by the end of the meeting.
3. Unfinished Business from Previous Meetings
A. Mayport Corridor CRA Contract.
Building and Zoning Director Jeremy Hubsch stated they were awarded a grant from the Florida Department
of Economic Opportunity for $25,000 to help fund the study. He stated he is looking for the Commission's
approval to get the CRA contract going.
Motion: Authorize the City Manager to execute contract with VHB.
Moved by Mark, Seconded by Beckenbach
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, 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 Monthly Building and Financial Reports for June 2015.
B. Approve the award of Bid No. 1415-06, Russell Park Multipurpose Path, to G&H
Underground Construction Inc. in the amount of$91,149.37 including 10% contingency.
C. Approve the award of Bid No. 1415-07, Russell Park Concession Stand Sidewalk Replacement
to Core Construction Company in the amount of$52,154.85.
Mayor Woods read the Consent Agenda.
City Manager Van Liere pulled Item B.
Motion: Approve Consent Agenda Items A and C as read.
Moved by Daugherty, Seconded by Mark
July 27, 2015 REGULAR COMMISSION MEETING
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM #lA
AUGUST 10,2015
Page6
City Manager Van Liere pointed out that this project was not specifically discussed. He stated the idea of
doing renovations to Russell Park included many that they wanted to do in the park. He stated this idea carne
up since last year's budget time, so they bid it out to see what the price carne back at. He stated they have the
budget to cover it. Discussion ensued.
Motion: Approve Consent Agenda Item B as read.
Moved by Mark, Seconded by Hill
Further discussion ensued.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 20-15-131, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING
SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 20-15-131 by title. She opened the Public Hearing. No one from the
audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 20-15-131 as read.
Moved by Mark, Seconded by Daugherty
Mr. VanLiere stated this is the funding for the CRA contract just approved.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
AGENDA ITEM #1A
AUGUST 10, 2015
July 27, 2015 REGULAR COMMISSION MEETING Page7
B. Ordinance No. 70-15-18, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
20, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, BY
AMENDING SECTION 20-82 ADDITIONAL HOMESTEAD EXEMPTION AUTHORIZED AND
ADDING SECTION 20-82(b) TO AUTHORIZE AN ADDITIONAL EXEMPTION, AMENDING
SECTION 20-83, ANNUAL ADJUSTMENT TO HOUSEHOLD INCOME; DIRECTING THE
CITY CLERK TO PROVIDE A COPY TO THE DUVAL COUNTY PROPERTY APPRAISER'S
OFFICE; REQUIRING A MAJORITY PLUS ONE VOTE OF ALL MEMBERS OF THE
GOVERNING BODY TO BE EFFECTIVE, PROVIDING FOR SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Woods read Ordinance No. 70-15-18 by title.
Mr. VanLiere explained the Ordinance.
Motion: Approve Ordinance No. 70-15-18 as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Discussion regarding postal service issues and potential adoption of a resolution requesting the
United States Postal Service to change the last line of the addresses from Atlantic Beach to
Jacksonville for those properties which are not within the City limits of Atlantic Beach.
City Manager Van Liere stated this is to try to solve some ongoing problems related to calls for service for
public safety, confusion in the building department with permits that aren't in Atlantic Beach, etc. He stated
the postal service can now sort the mail even if it is within the same zip code but has a different city name.
He stated we would write a resolution to request that they review this zip code area and they will survey the
people affected and, based on that survey, they change these addresses to be accepted.
Discussion ensued.
Commissioner Beckenbach asked where we are with the annexation. Mr. VanLiere explained the status. Mr.
Komando further explained there is an Interlocal Services Boundary Agreement which is an agreement
between the City of Jacksonville and the City of Atlantic Beach in order to allow the provision of services.
He stated the formal annexation takes place after a petition is filed by the landowners. He stated just before
this meeting, counsel for the country club sent an email with a copy of 166 out of 178 signatures to move that
process forward. Mayor Woods stated it now formally has to go to the State and be finalized.
It was the consensus of the Commission to move this forward to the next agenda for action.
B. Discussion on the process for the Seaside Community Council.
Mayor Woods withdrew this item earlier in the meeting.
July 27, 2015 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
• 90-Day Calendar (August through October 2015)
AGENDA ITEM #1A
AUGUST 10, 2015
PageS
Mr. Van Liere reported they received a letter from Jacksonville's Planning and Development that the
Community Development Block Grant (CDBG) was approved through their program and now has to go
through the Mayor's office.
Stated we have 90% drawings for the Seminole Road project. Mayor Woods stated a copy will be at Public
Works, 1200 Sandpiper Lane, and if anyone wants to look at these plans they can call Public Works Director
Doug Layton, 247-5834.
Stated FDOT has a design consultant that gave us a proposal for the Safe Routes to Schools that would
include community input meetings. Mr. Layton stated he and the Mayor met with DOT and JTA and they
agreed to have a 30% complete meeting with the public, then with the Commission, followed by a
preconstruction meeting just before it starts, which will cost an additional $6,300. Discussion ensued.
10. Reports and/or requests from City Commissioners and City Attorney
City Clerk Bartle
• Asked if they can firm up the date of the next Town Hall Meeting on October 17 at 10:00 in the
Chamber. Mayor Woods stated she may not be here. Commissioner Daugherty stated he was getting
married on the 11th so he might not be here. After discussion the Commission tentatively moved the
meeting to October 3, 2015.
Commissioner Mark
• Regarding Gate, she stated there seems to be some change in what Mr. Hubsch stated the zoning
would be. She stated she has requested a placeholder for this subject for the next Commission
meeting and asked that the City Attorney rescind the letters referring to the CG zoning and let Gate's
representatives know they should be using the CL designation which is a use-by-exception for a
convenience store with a gas station of no more than 6 fueling positions. She stated she believes there
is also an issue with the variance that Gate believes they are asking for under our Code. She stated
she believes these lots are double frontage lots, which Mr. Hubsch would have to confirm. She stated
the City needs to make sure the information they are giving is correct.
• An email was sent to the Commission regarding our Dangerous Dog Ordinance stating there may have
some insufficiencies and asked that the City Attorney look into this.
• Stated she is very concerned about the Salt Air Project and asked that Mr. Layton give a detailed
report on this project including the status, what are some of these issues and why the neighbors are up
in arms about it.
Commissioner Becken bach
• Stated Beaches Watch will hold a candidates forum on August 6 and asked that it be videotaped and
put on the City's website for our citizens . Discussion ensued. It was the consensus of the
Commission to have the City Clerk check with Sandy Golding to see if it is videotaped and if it is to
provide a link to the Beaches Watch videotape on our website.
July 27,2015 REGULAR COMMISSION MEETING
Commissioner Hill
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Page9
• Stated a citizen asked about warranty work on the project north of East Coast and Atlantic. He stated
he knew the warranty deadline expired last week and asked if we had successful negotiations and if
there was a fix planned. Mr. Layton stated they had a warranty inspection prior to the end of the
warranty period with the contractor. He stated they have asked the contractor to hold off on some of
the crack repairs until after summer since they would shut down the intersection for up to 10 days so
they don't want to do that during the summer. The contractor was willing to do that although he
didn't agree to everything. Commissioner Beckenbach asked Mr. Layton to report on the effects of
the rainstorm on the Magnolia and Poinsettia area. Mr. Layton gave an update. Discussion ensued.
• Stated they either didn't communicate with the group prior to the work in that area or they are not
delivering. Requested that staff give a formal update with the neighborhood by whatever mechanism
best suits staff, including a correction of a problem if they created one.
• Asked if there is any communication with FDOT on pedestrian safety on Mayport Road for an
emergency improvement, not connected to the CRA.
• Thanked the community for the turnout in support of Beaches Diner. He stated there is a process in
place and a lot of citizen may wonder why the Commission didn't do anything tonight. He stated it
isn't their turn yet; if the system plays out they will play a role in this, but that wasn't for this evening.
He stated he has great faith that the two sides will work it out. He didn't want the citizens to think
they were ignoring this and again thanked them for coming out tonight.
City Attorney Komando
• Stated without a site plan or a request for approval it is premature to talk about setbacks and variances.
He stated when they receive that actual application it will have to be reviewed in the context of our
land development regulations and then we can have a decision.
Mayor Woods
• Stated the Poinsettia drainage is not turning out like she expected. She agrees that these are ditches
and not swales. She stated, for the record, she had encouraged curbs and gutters but when it was
presented to the people they were just told it would be a $20,000 assessment and she believes the City
should have come out with a better payment situation for that.
• Stated related to Animal Control, they had a citizen ask about dogs being tied up in yards. She stated
they need to look into that.
• Related to the bicycle safety, asked Chief to give an accident report for Mayport Road or for the City
in general. She stated they need to get something scheduled with FDOT to see how they are willing to
help us.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:29p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
From: Hubsch, Jeremy [mailto:jhubsch@coap.usJ
Sent: Tuesday, January 07, 2014 4:30PM
To: Duncan Ross
Subject: RE: 535 Atantic Blvd
Duncan,
I found the answer right after we got off the phone. If you look at Section 24.111.b.15, it says,
//Those uses listed as permitted uses and uses-by-exception in the commercial limited (CL), and
commercial, professional, and ottice (CPO) LOning districts" are allowed in CG. So the retail sale of
gasoline is allowed in CG and a use-by-exception isn't necessary. If your clients Wish to go beyond
the 6 fueling pumps allowed, we will have to check with our city attorney to see if that is possible.
Just let me know and I can look into it.
Cheers,
Jeremy Hubsch
Redevelopment and Zoning Coordinator
City of Atlantic Beach -
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5817
jhubsch@coab.us
AGENDA ITEM #lA
AUGUST 10, 2015
Atlantic-Beach, FL Code of Ordinances
Sec. 24-11 0.-Commercial li mited district (CL).
Page 1 of6
AGENDA I TEM li l A
AUGUST 101 201 5
(a) In tent. Th e CL zon ing district is intended for low inte nsity b u siness and co m me r cia l uses, which are
su itable w ith in close proximity to res identia l uses, and wh ich are intended primari ly to serve the
im mediate ly su rrounding ne ighborhood. Su bject to review as a use-by-exception, and dependent
upon compatibil ity w i th existing surround ing residentia l uses, certa in more intense commercial
uses may a lso be appro p r iate. Permitted uses in t h e CL zoning districts sha ll not include large-
sca le discount su per-centers o r "big-box" retailer s or sim il ar commer ci al uses intended to serve a
regi ona l market. Uses shall also not include establishments for live entertainment, or adult
entertainment estab lishments, outdoor entertainment such as putt-putt golf and drivi ng ranges,
skateboard facilities, firing ranges, amusement centers, comp uter game centers o r v ideo game
arcades and any type of token or co i n-ope r ated video or arcade games, movie t heaters, tattoo or
body artists or studios, pawn shops, bi lliard and pool halls.
(b) Permitted use s. The uses permitted w i thi n the CL zoning districts sha ll be as follows:
(1) Servi ce estab lishments such as barber or beauty shops, shoe r~pair, laundry or dry clean ing
p ick-up, ta il ors or dressmakers; low in tens i ty retai l sales of items such as wearing appare l,
toys, sundries and notions, books and stationery, l uggage and jewe l ry and similar uses; but
not sa le of lumber, hardware o r bu ilding materials or similar products.
(2) Art ga ll eri es, librar ies, museums and cu ltura l centers.
(3) Med i ca l an d dental offices, but not clin ics or h ospita ls.
(4) Professiona l offices such as accountants, architects, attorneys, engineers, optometrists and
sim il ar uses.
(5) Bus iness offices suc h as rea l estate broker, insurance agents, manufacturing age n ts and
si m il ar uses.
(6) Banks and financial instit utions w i thout drive-through faci lities.
(7) Convenience food stores w it hout f u el sa l es, but n ot sup ermarkets.
(8) Restaurants w i t ho ut drive-through faci li t ies.
(9) Drug stores and pharmacies.
(1 0) Government uses, bui ld ings and faci lities.
(11) Chi ld care ce nters in accordance with sectio n 24-152
(12) Res i dentia l use n ot to exceed th e med iu m de nsity category as estab li shed by the
comprehensive p lan.
(13) Mixed use project s combining the above perm i tted uses and those approved as a use-by-
exception pu r suant to su bsection (c) bel ow.
(c) Uses-by-excepti on. Within t h e CL zo ning d i strict, the following uses may be approved as a use-by-
exception .
(1) Medica l or denta l cli nics.
(2) Churches and commun ity centers.
(3) Banks and fina n cia l insti tutions w ith drive-through faci lit i es.
(4) Conven i en ce food stores with reta il sale of gasol ine limited to six (6) fueling positions.
(5) Printing shops.
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Atlantic Beach, FL Code of Ordinances Page 2 of6
AGENDA ITEM #l A
AUGUST 10,201 5
(6) Spas, gyms, h ealth clubs and sc h ools for the f in e o r performing arts or martial arrs.
(d) Minimum l ot size. The minimum size for l ots within the CL zoning district sha ll be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width : Fifty (50) f eet.
(3) Lot depth: One hundred (1 00) feet.
(e) Minimum yard requi rements. Th e minimum yard requ i rements f or the CL zon i ng district shall be:
(1 ). _Front yard: Twenty (20) feet.
(21 Re a r ya rd : TWenty (,2U). feet._
(3) Slcfe yard: Ten (1 0) f eet.
(f) Building restrictions. The building restrictions w ithi n the CL zoning d istricts sha ll be:
(1) Maximum impervious surface: Seve nty (70) percent-Whe r e existing impervious surface area
exree-<fs-se ve n ty (70) percent o n p revfotJs lycfeveiOped sites, n ew devel opment sh all n ot
exceed t h e pre-constructi on i mpervi ous surface area, and req uired landscaping sh a ll be
p r ovided in acco r dance w ith d iv isio n 8 of this ch apter. Sto rmwater management requirem ents
sh a ll apply to i nfill deve lo pment and to redeve l opment projects involving exterior site
ch a nges.
(2 ) Maximum bui ld ing h eight: Thirty-five (35) feet.
(Ord . No. 90-1 0-212, § 2(Exh. A), 3-8-10)
Sec. 24-111. · Commercia l general d istricts (CG).
(a) Intent. Within the City of Atlantic Beach, the CG zo ning d istrict is intended for uses, which provide
ge n era l reta il sa l es and services for the City of Atlant ic Beach and the closely surrounding
neighborhood s. New d eve lo pmen t and new uses w ithi n these districts should have direct acces~
to arterial or co ll ector street s, and sites should be designed so t h at in crease d traffic t hro u gh
adj acent re si denti al n eig hborhoods is avo id e d . Th e City of Atlantic Beach is a predominantly
residential commun ity, and it is a stated goa l within t h e compre h ensive plan that the res i dentia l
ch ar acter of the ci ty should b e reta ined. As such, the appropriate l eve l of intensity for ge n eral
commercial u ses may be less than oth er communities with l arge commercia l zo nes or a more
diverse m ixture of u ses In cl ose prox i m ity.
(b) Permitted uses. It is not possib l e to list a ll potentia l permitted or prohibited genera l com mercial
u ses w ithin this sect ion, but typica l uses p ermitted with i n the CG zoning district shall inc lude
neighborhood se rving uses, whi ch sha ll m ean low inten sity commer cial u ses i ntended to serve the
d ai ly needs of residents of t h e surrounding n eighborhoods. Su ch u ses shall not incl ude
manufactur ing, warehousing, storage or high intensity commercial activities, or commercial uses
of a regiona l nature, or such u ses that h ave the potential for negative impacts to surrounding
n eighborhoods and properties due to excessive traffic, noise, light or extrem ely late hours of
ope ra t ion or other factors that may adverse ly affec~ existing co mme rci a l u ses o r any nea r by
reside ntial uses.
Permitted u ses shall also not includ e ad u lt en terta inment esta blishments, indoor or o u tdoor firing
ran ges, in door or o u td oor f l ea m a rk ets, vendor s on public rights-of-way, amuseme nt or game cent ers,
tattoo or body artist s, pawn s hops, bingo ha ll s, bi lliard or poo l ha lls, ga m e ar cades, gami ng, video
poker establi shments, com puter ga m e centers, o r games played on in d ividua l m achines o r compute r s,
including any type of card, token or coin-operated vid eo or simu la ted games or similar activi t i es or
mach in es which are played for any type of compen sation o r r eward .
7 /1?/?01"\
Atlantic Beach, FL Code of Ordinances P::~oP ~ n f' h
AGF.N DA 11'EM #l A
AUGUST 10,201 5
Wh er e a pro posed u se is n ot spe cifica lly li ste d in th i s sec tion, the p ermi ss ibility of the u se w ill be
det ermin ed ba se d up o n its sim il arity t o list ed us es and th e co mpatibility an d pote nt ia l for ad ve r se
impac t s to exi stin g n earby uses . Th e uses pe r m itted in th e CG zoning district shall includ e t h e fo llowi ng
subjec t t o the limitations as se t fort~ w ithin f ollowing subsec t i o n (d). Un less otherwise and specifically
provided for herein, a ll bu sin ess activi ties, p rod u cts for sa l e an d services must be located within an
enclose d building properly li censed for such use.
(1) Retai l outlets fo r the sa l e of foo d and drugs, wearing apparel, toys, books an d statio nery,
l uggage , jew elry, a rt, f l o r ists, photographi c supplies, sporting goods, hobby shops and pet
shops (not an imal kenne l o r veteri naria n), bakery (but not wholesale bakery), home
f u rni shings and app liances, offic e eq uipm ent and furniture, hardware, lumber and building
materia ls, au t o, boat and marine re lated parts, a nd similar re t ail uses.
(2 ) Service estab li shmen ts such as barbe r or bea uty shop, shoe repair, r estaura nts with indoor or
outdoor seating areas b ut w itho ut dr ive-th roug h faci liti es, h ealth clu bs and gyms, laundry or
dry cl eane r, funera l home, p r in t ing, rad i o and t elevision and electron ics repair, lawn care
servi ce, p est contr o l co mpan i es, surf board repa i r in associat ion with surf shops, but not t h e
producti o n of surfboards, an d similar servi ce uses.
(3) Banks w ith or without drive-through faci li ti es, loan compan ies, mortgage brokers,
stockbrokers, an d similar fi nancial service in sti tutions.
(4) Ch ild care centers in accordance with section 24-152
(5) Business an d profess i onal offices.
(6) Retai l p l an t nursery, landscape and garde n supplies. Li ve p lants and nu rsery stock may be
located outsi de of t h e adjace nt building licensed for such bu siness, provided no obstruction
to walkways, parking and internal driving aisl es is created.
(7) Retail sa l e of beer and wine on ly fo r off-premises consu mption.
(8) On-premises co nsumption of beer and wine only in conjunct ion with a ful l service restaurant,
which is a f ood servi ce u se whe r e unpa ckage d ready-to-consume food is prepared o nsite and
served to th e customer whi l e seate d at t ab l es or co unters located in a seating area within or
immed iate ly adj acent to the b uilding.
(9) Automobil e service stati on w it h minor autom otive re pair a nd with ac cess o ry car was h.
(Note: Heavy auto motive repai r not permitted per Ord inance [Number] 90-06-197, adopt ed 12-
11 -06).
(1 0) Th ea t er s, but not a multi-sc r een (excee din g two (2) scree ns) or r eg iona l cineplex.
(1 1) Hotel, motel, m otor lodge, resort renta l or tourist court and short-te rm rentals as defined
within section 24-17
(12) In st itu tio nal and gove rnm ent uses, build ings and faciliti es.
(13 ) Ch urches in accordance with secti o n 24-153
(14) A si ngle dwelling unit, where such dwell i ng i s an accessory use to the p rinc ipal u se and
located with in the same bu il din g as the p rincipa l use. Such dwelling unit is inten ded to be
occupied by the owner or an employee of t h e principa l use.
(15) Th ose uses listed as permi tted u ses and uses -by-exce pti on in t he comme r cial limited and
co mmercia l, professio nal and office zon ing d istricts .
(16)
~hnnt ·h l :mk 7/1? /?.0 1 '\
Atlantic Beach, FL Code of Ordinances Page 4 of6
AGENDA ITEM #l A
AUGUST 10,2015
Residential use, consistent with the comprehensive plan, which permits residential uses not
exceeding the medium density category when in conjuncti on with, or adjacent to commercial
deve l opment and redeve l opment, provided that such residential deve lopment sha ll not be
permitted within the coasta l high haza rd area. Policy A.1.11.1 (b).
Single-family residential uses wi thin the CG zoning districts existing as of the initial effective
date of these land development regu lations sha ll be considered as vested deve lopment.
(17) Mixed u se projects co m bining the above uses and those approved as a use-by-exception
pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CG zoning distric t, t h e following uses m ay be approved as a use-by-
excep tion where suc h proposed u ses are found to be cons istent with the uses permitted in the CG
zo ning districts with respect to intensity of use, traffic impacts and compatibi lity with ex isting
commercial uses and any nearby residential uses:
(1) Pet ke nnel and facilit ies for the board i ng of animals.
(2) Veterinary clinic.
(3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this Code.
(4) Restaurants with drive-through service where t he site co ntains lanes dedicated so lely to drive-
t hrough business (this sha ll not be construed to prohibit restaurants with carry-out service,
which are a permitted u se).
(5) Limited wholesale operations, not Invo lving industrial products or processes or the
manufacturi ng of produ cts of a ny kind.
(6) Contractors, not requiring outside storage, provided t hat no manufacture, construction, heavy
assembly involvi ng hoists or lifts, or equipment that makes excessive noise or fumes sha ll be
permitted. Not more than one (1) contractor related vehicle sha ll be parked outdoors on a
continuous basis.
(7) Produce and fresh markets with outdoor sa le and disp lay of garden produce only.
(8) Cabinet shops, woodworking shops and surfboard production.
(9) ~o spita ls.
(1 0) Sale of n ew and used automobiles, motorcycles and boats, and automotive lea sing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(11) Bus i nesses offering live entertainment, not including adu lt entertainment estab lishments as
defined by Section 847.001 (2), Fl orida Statutes.
(d) Limitation s on certain uses. Permitted uses within the CG zo n ing di st rict shall not include large-sca le
retail establishments, which for t he purposes of this chapter shall be defined by their size and as
fol lows:
Large-sca le retail establishments sha ll include those businesses, whether in a sta nd-alone
building or In a mult i-tena nt bui lding, wh ich occupy a f loor area exceeding sixty thousand
(60,000) square feet including any interior courtyards, all a reas under roof and also any other
d i splay, sa les or storage area s partially or fu lly enclosed by any mean s inc luding walls, tarps,
gates or fencing. Large-sca le retail estab lishments are commonly referred to as "big-box''
retailers, discount department stores, super-centers, warehouse clubs or by similar terms.
Such establishments may offer a similar type of products such as el ectronics or appliances or
office products, but more typica lly offer a wide variety of genera l m erchandise and
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Atlantic B each , F L C ode of Ordinances P aP"e .c:; o f t-l
AG E NDA IT EM IH A
A UGUST 10,20 15
d epa rtments, which may i n cl ude hom e im proveme nt, hou se-wa r es and h om e turnishings,
sportin g good s, a ppar el, pharm acy, hea lt h and b ea uty p r oducts , automot ive pa rts and
se rvices and m ay al so in clud e groce ry ite m s. This d efinit i o n shall n ot be co n stru ed to limit t he
overa ll si ze of shoppi ng ce nters as t hese a re def i n ed wit h in section 24-17, bu t shall ap p ly to
any bu ilding wh ere bu sin esses w ith se parate loca l bu sin ess t ax r ece ipts may sha r e th e same
interio r space of a bui ld ing w hi ch is n ot se pa rated into ind iv idual u n its by structu ra l fire ra t ed
w alls o r th at d o n ot co ntai n sepa rate and d is tinct exteri o r entran ces .
Intent. Th e intent ofthis limitatio n is to ens u re t h at the ci ty's lim it ed co mmerci al areas ar e
d ev elo ped o r r ed eve lo pe d with u ses th at ar e com pa t ib le w ith t he r es id en tial ch a racte r ofth e
city an d furth er, to implem ent r e lated goa l s, o bj ect ives, a nd poli cies of t h e 2015
Co mpreh en siv e Pla n, res t ate d in p art as fo ll ow s.
Co mmer cial a nd li gh t industrial deve lop ment sha ll be locate d and d esig ned so as to minimize
ad verse effec t s on res id ent i al a re as, traffic fa cili t i es and t he aes t heti c ch arac t er of the city
(P o ll ey A.1.5 .7).
(1) The city shall provide for land use, develo p ment and r ed evelo p me nt i n an efficient m a nner,
which suppor t s t he l and use des igna ti o ns as set forth within the 2015 Fu t u re La nd U se Ma p;
which enforces the residen t ial densities and the limitations up on th e type and intens ity of
u ses , a nd wh i ch res ults in deve lopm ent ap propriate to the se nsi t ive coastal lo ca tion of th e
city, particul-a rly w ith res pec t to the predominantly r es idential character and sm a ll -town sca le
of the city (Obj ec tive A.1.11-Appropriate la nd u se patterns).
(2) Th e city shall encourage f ut u r e deve lop ment and redevelopm ent, wh i ch re t ains t h e
excepti on ally h ig h quality of li f e and t h e p redom inantly res id ential chara cter of the City of
Atl antic Beac h (Obj ective A.1 .3-Ma in tai ning res i d ent ial char acter).
(e) Minimum lot size. Th e minim um size for lots w it h i n th e com m ercial ge nera l zoning d istri ct sh all be:
(1) Lo t or site ar ea: Fi ve thousa nd (5,0 00) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot dept h: On e h u nd re d (1 00) fee t.
(f) Minimum y ar d r equirem ents. Th e minimum ya rd re q u i r em ents w i t hin t he commercial ge n e r al
zo ning dist ric t sha ll b e:
(1) Fr o nt...y,a rd· I w en ty (20.).Je..et, exce pt t h at t h e fro nt yard may be redu ce d to t en (1 0) f eet w here
r equ i red off-street parki ng is lo ca t ed at t h e rea r or sid e of th e building si te, and th e prim ary
busin ess ent ranc e is designed t o f ace th e st r ee t.
(2) Rear yard :... Ten (1 0) f ee t.
(3) Sid e yard: Ten (1 0) f eet wher e adj acen t t o exi sting r es identia l use. Oth erwise, a com b i n ed
f ifteen (1 5) tota l feet w it h a fiv e (5) feet mi nimum on eit her sid e.
(g) Building res trictions. The bu ilding r es trict ion s in t h e commer cia l ge nera l zon ing di stri ct shall be as
foll ow s:
(1) M aximum imp ervi ous surface: Seve nty (7 0) per ce nt. Wher e ex isting impervi ous surface area
excee d s sev enty (7 0) perce nt o n p r evi ously d eveloped sites , n ew d evel o pmen t sha ll n ot
excee d t h e pre-construc ti o n impe rvi ous surface area , and r equ i r ed land sca p ing sha ll b e
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Atlantic Beach, FL Code of Ordinances Page 6 of()
AGENDA ITEM #1A
AUGUST 10,2015
provided in accordance with division 8 of this chapter. Stormwater managemem requirements
shall apply to infill development and to redevelopment projects involving exterior site
changes.
(2) Maximum building height: Thirty-five (35) feet.
(3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter.
Where existing uses, which do not provide the required number of off-street parking spaces
as set forth within subsection 24-161 (g) are replaced with similar uses (such as a restaurant
replacing a restaurant), with no expansion in size or increase in number of seats, additional
parking shall not be required. Any increase in floor area or expansion in building size,
including the addition of seats shall require provision of additional parking for such increase
or expansion.
(Ord. No. 90-10-212, § 2(Exh. A),3-8-10)
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Atlantic Beach, FL Code of Ordinances Parre 2 of20
AGENDA ITEM #lA
AUGUST 10,2015
Alley shall mean a public or private way, which affords only a secondary means of access to
property abutting thereto, which is not otherwise designated as a t horoughfare for general traffic.
Alteration shall mean any change in the arrangement of a building; any work affecting the
structural parts of a building; or any change in electrica l, p lumbing, heating or air conditioning systems.
Animal hospital. See "Veterinary clin i c" or "Hospital."
Apartment house. See ''Dwe ll ing, multifamily."
Applicant shall mean the title owner of record, or h i s authorized representative, of lands that are
the subject of a request for a change in zoning cla ssification, a use-by-exception, a variance, an appea l
or any deve lopment permit.
Appraised value shall mean the va l ue to an improvement or property as determined by a certified
appraiser. For the purpose of determining the appraised va lue, the certi fied appraisal shall have been
performed w ithin the previous twelve (12) months.
Arbor shall mean a landscape element designed sole ly to support vines, branches or landscape
el ements, and which does not contain any type of solid r9of.
Assessed value shal l mean the va lue to an improvement or property as determined by the Duva l
County Property Appraiser in the manner prov.ided by Florida l aw.
Automotive service, minor shall mean the limited, minor or routine servicing of motor veh icl es or
parts, but sha ll not includ e heavy automotive repair. Faci l ities conta ining more than two {2) work bays,
and performing any type of automotive service or repair shal l be defined as heavy automotive repa i r.
Au (omotive repair, heavy sha ll mean the repair, rebu ild ing or reconditioning of motor veh icles or
parts thereof, including coll isi on service, painting and steam cleaning of vehicles.
Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinki ng of
alcoholic beverages.
Base flood elevation (BFE) [shal l mean] the elevation shown on the FEMA flood insurance rate map
for zones AE, AH, A 1-A30, AR, AR/ A, AR/ AE, AR/ A 1-A30, AR/ AO, V1-V30, and VE that indicates the
water surface elevati on res ul ting for a flood that has a on e-percent ch ance of equa li ng or exceeding
that l eve l in any g iven year.
Best management practice (BMP) sha ll mean the methods that have been determi ned to be the
most effective, practical and sound means to achieve an objective re l ated tQ water supp ly, storm water,
vegetative, conservation or envi ronmenta l resource management.
Block sha ll mean an arrangement or combination of lots, the perimeter of which abuts street
rights-of-way or other publi cly-owned lands. Th i s may be construed to include approved subdivision
plans with l ot arrangements or combinations where only a portion of the perimeter abuts a street
right-of-way or publicly-owned l and.
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Trave l tra iler shall mean a veh icu lar, p ortable structu re bu il t on a chass is and towe d; design ed
to be used as a tem p orary dwe lling for travel, recreation an d vacat ion uses ; perma n ently
i dentified as a trave l t r ailer by t h e man ufactu re r of the tra iler; and whe n factory eq uipped for
the road, having a body wid t h n ot exceed i ng eight (8) feet and a body le ngth not exceed ing
th i rty-two (32) feet.
(b) Pickup coach shall mean a structu re d esigned to be mounted on a truck chassis with sufficient
eq u ipment to r ender It sui t able for use as a temporary dwel ling for travel, recreation an d
vacation uses.
(c) Camp ing trailer shall mean a co llapsibl e, temp orary Dwe l ling covered wi th a water-r epell ent
fa b ric, mo~nted on wheels and designed for travel, recreation and vacation uses.
(d) Auto camper shall mean a lightweight, co ll aps ib l e unit that fits on top of an automobile and
into the t ru nk w i t h t he cover removed, and is designed for t r avel, recreation and vacation
uses.
(e) Vans or sim il ar en cl osed veh icles specia lly equipped for ca m p ing.
Restaurant sha ll mean any establishment w h ere food is prepared or served for consu m pti o n on or
off the premises or w ithin an enclosed b usi ness or bu il ding.
Right-of-way sha ll mean the area of a hig hway, road, street, way, pa r kway, sidewalk, or o th er such
stri p of land reserved for a publi c u se, w h eth er established by prescripti on, ease ment, d edication, gi ft,
purchase, em inent doma in or oth er lawfu l m eans .
Salv age ya rd shall m ean a p lace where d iscard ed or sa lvaged m aterials, a re bought, sold,
exchanged, stored, ba led, packed, d isassemb led o r ha n d l ed. Salvage yards shall include automobile
wrecking, h ouse wrecking and structu ra l stee l materi a l s and equipment yards, but sha ll not include
p laces fo r the p u rchase or storage of used f u rn it ure and househo l d eq u ipment, used cars in operable
co ndition, or u sed or salvaged materials from ma nufactu ri ng operations or for any type of automotive
repair.
Scree ning sha ll mea n the requ ired t r eatm ent of land para llel to adjacent lot lines, conta ini ng either:
Densely p lanted trees and shrubs at least four (4) feet in heigh t at t he t ime of installation an d of an
everg r ee n variety t hat shall form a year round v isua l barrier an d sha ll reach a m in imum height of six
(6 ) f eet at m atu r ity; or an opaque wood , masonry, brick or similar ly constructed fence , wa ll or barri er.
Where a fen ce, wa ll or simi lar type ba r rier i s used, const ru cti on mate ri als, fin ish and co l ors sha ll be of
unifo r m appeara nce. All scree nin g sha ll be m a i nta ined in goo d co n dit i on. Where app r opriate, a
landsca ped berm may be used in p lace of a fence, wa ll or trees.
Seat sha ll m ea n, for the purpose of d eterm i ning t h e number of required off-street parking spaces,
t he number of cha irs. In the case of benches or pew s, each linear twenty-four (24) inches of seating
shall cou nt as o n e (1 ) seat. For areas without f ixed seating suc h as standing areas, dance floors or ba rs,
eac h seve n (7) sq uare feet of f loor space sh all constit u te a req u ir ed seat.
Se rvice sta tio n, automotive shal l m ea n a ny bui l d ing, st r u ctu re or la nd use d for the dispe n si ng, sale
or offer in g for sa le at r etai l of any automobil e fuel, o il s or accesso r ies, an d in con nection with which is
perform ed m in or autom o tjve se rvice, but not heavy autom otive repai r .
about:b lank 7/13/2015
From:
To:
Subject:
Date:
Jeremy
Duncan Ross
Hubsch. Jeremy
CG Atlantic Blvd Enquiry
Wednesday, January 08, 2014 12:46:55 PM
Thanks again for the follow-up. I have several urgent enquiries from the Client for us to discuss.
Please call me at your convenience. They include the following items:
a) Number of Fueling Stations: The Client needs a minimum of 8 fueling dispensers (which
equates to 16 fueling positions) for a project
AGENDA ITEM #lA
AUGUST 10, 2015
a. How does this "fit" with the City's allowance/definition of "6 fueling stations." For
example, would our request be considered 2 over or 10 over the requirement?
b) Plan Approval: What is the process for attaining Site Plan Approval (i.e., Staff and /or Public
with City Council) and what other LDR requirements are necessary to address for the subject
property?
c) Concurrency: We need to determine if there will be a deficit in concurrency between the
current uses and the proposed use and how the City determines this?
Thanks and looking forward to speaking with you.
Regards,
Duncan
Prosser HaUock
Duncan L. Ross, AICP
Senior Planner
13901 Sutton Park Drive South, Suite 200
Jacksonville, Florida 32224
dross@prosserhallock.com
p I 904.739.3655 x183
c I 904.859.3580
f I 904.730.3413
_ www.orosserhallock.com _
From: Hubsch, Jeremy [mailto:jhubsch@coab.us]
Sent: Friday, April 25, 2014 10:32 AM
To: Duncan Ross
Subject: RE: 535 Atlantic Blvd
Duncan,
Sounds good about the mobile workshop.
As for the pump question. Your client can build 8 fueling stations (16 dispensers). Our CG district
does not define an exact number. It only states that what is allowed in CL as a use-by-exception is
allowed by right in CG. Since our CG district does not define the exact number above what is
allowed in CL, I checked COJ's CCG-1 district, which is most similar to our CG. It does not put a cap
on maximum fueling stations. So I can use that to allow the 8 fueling stations.
Is the above description sufficient for you and your clients?
Jeremy Hubsch
I
Redevelopment and Zoning Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5817
ihllhs::r.h®coab.us
AGENDA ITEM #1A
AUGUST 10, 2015
From: Hubschr Jeremy [mailto:jhubsch@coab.us]
Sent: Friday 1 April 25 1 2014 10:51 AM
To: Duncan Ross
Subject: RE: 535 Atlantic Blvd
I don't necessarily have a strong opinion either way about 10. I can check the pulse of our city
manager and city attorney about the possibility of up to 10 if your client wants to move in that
direction.lf/when you let me know you are heading that way, I will run it by them.
Jeremy Hubsch
Redevelopment and Zoning Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5817
jhubsch@coab.us
··-~------------···--.. ---------·--~----·· .. -r·-----·------·-· ··----. ·-------.. ----............ -·· .. --. ~ ···-..
From: Duncan Ross [mailto:DRoss@prosserinc.com]
Sent: Friday 1 April 25 1 2014 10:48 AM
To: Hubsch 1 Jeremy
Subject: RE: 535 Atlantic Blvd
Jeremy
AGENDA ITEM #1A
AUGUST 10, 2015
I just sent an email that you can ignore and I received your subsequent follow-up email. As an FYI, 8
fueling stations is our Client's minimum requirement. I understand that there preference is for 10
fueling stations, if the site permits an acceptable layout and design. We can talk about the 8 or 10 if
this project goes forward in the near future. For now, I will pass along to the Client that 8 fueling
station is acceptable to the City. However, if you have a strong opinion on the possibility of 10
fueling station, please let me know. Thanks.
Thanks again and have a great rest of the day.
Regards,
Duncan
·ssER ..
Duncan Ross, AICP
Senior Planner
Prosser, Inc.
13901 Sutton Park Drive South, Suite 200
Jacksonville, FL 32224
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Commiss ion Meeting
Procedure s and Rules
City of Atlantic Beach Code of Ordinances Sect 2-19.
Rules of Conduct and Procedures at Meetings
Opp ortun ity
• To Refresh our memories
Learn about our rules
• To improve the efficiency of our meetings
Rule 22
• Rule 22. In all cases involving points of
parliamentary law, "Robert's Rules of Order." shall
be the book of reference, and its rules, so far as
they are applicable and not in conflict with the
provisions of the city's Charter, this Code or other
city ordinances, shall be the rules of the city . . commission.
Rul e 1
• Rule 1. The mayor-commission shall preside at all
meetings of the city commission, ···He shall have
general control of the chamber and in case of
disturbance or disorderly conduct therein, he may
cause the same to be cleared. The mayor shall
preserve decorum and order,
Robert 's Rules
on Decorum
• 43. Decorum in Debate . In debate a member must
confine himself to the question before the
assembly, and avoid personalities. ··· It is not
allowable to arraign the motives of a member, ···If
at any time the chairman rises to state a point of
order, or give information, or otherwise speak,
within his privilege, the member speaking must
take his seat till the chairman has been heard first.
• If his remarks are decided to be improper, he
cannot proceed.
Rule 1 conti nued
The mayor shall preserve decorum and order may
speak to points of order in preference to other
members, and shall decide all questions relating to
the priority of business or of order, without debate,
subject to appeal to the city commission by any
member as a matter of course, and on the appeal,
it shall require a majority vote of the members to
sustain the appeal.
Meeting Effici ency
• Rule 4. No member shall speak at any meeting
more than twice on the same question, or more
than five (5) minutes at any one time.
• 7. Debate. ···De bate must be limited to the merits
of the immediately pending question ···Speakers
must ···be courteous in their language and
deportment, and avoid all personalities, never
alluding to the officers ···nor to the motives of
members
Appointme nt of Co mmittees
• Rule 8. The mayor-commissioner may appoint,
from time to time, such special or select
committees as in his discretion he deems desirable,
or as may be desired by the city commission, to
expedite the handling of the business and affairs of
the city.
Withdrawal of Agenda
Items
• Rule 17. Any proposed motion, resolution,
ordinance or suggested amendment thereto may be
withdrawn by the mover or the proposer at any
time before amendment or putting it to a vote.
• Rule 21. Any rule, except Rules 16 and 17, may be
temporarily suspended for special reasons by a
vote of the majority of the members of the city
commission present.
In attendance:
Atlantic Beach Town Hall Meeting
Monday, July 20, 2015
Jordan Park Community Center
6:00 pm to 8:00 pm
Mayor Carolyn Woods
Commissioner Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
Also in attendance:
City Attorney Rich Komando
Approximately 15 Citizens were in attendance.
The meeting was called to order at 6:00 p.m. by Mayor Woods.
Topics of General Discussion:
AGENDA ITEM #lB
AUGUST 10, 2015
Development ideas for the Mayport Business Corridor ranged from encouraging IT
companies to creating a pier and restaurant on Johnston Island.
Referendum changes for the City Charter were discussed at length.
Pros and cons of having district representatives voted on by only those in their district was
the main topic of discussion.
Pros included more direct representation by those who live in that district, eliminating
voter dilution, and citizens being better able to know their representatives.
Cons included the feeling that low voter turnout would be even lower, that representatives
needed to be familiar with all parts of town, and that they needed to represent the entire
city equally.
Explanation of 3 other major changes:
Requiring a unanimous vote of the Commission before parks could be used for other than
recreational uses.
Lowering the percentage of voter signatures required on a citizen petition, to force a
referendum or change of an ordinance by the Commission, from 25% to 16%.
Setting a regular schedule for automatic Charter reviews.
Atlantic Beach Town Hall Meeting
Monday, July 20,2015
AGENDA ITEM #JB
AUGUST 10, 2015
Page2
General discussion of the possibility of a large Gate Gas Station being built adjacent to the
Saltair subdivision and the negative effects that could result if strict buffer codes were not
enacted and enforced.
Clarification was given about the types and sizes of trees to be planted within the Ocean
Gate development at Atlantic Blvd. and Mayport Rd.
How to reduce crime with community-oriented policing programs and more personal
police presence.
Kudos were given to the Atlantic Beach Citizen Police Academy.
Adjournment:
The meeting was adjourned at 8:00 p.m.
Carolyn Woods
Mayor /Presiding Officer
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Miscellaneous Concrete Repair Contract
SUBMITTED BY: Douglas E. Layton, PE
Public Works Director
DATE: July 14, 2015
AGENDA ITEM 1140
AUGUST 10,2015
BACKGROUND: The existing miscellaneous concrete City Bid No . 1011-02 expires
on January 10, 2016. While there is a renewal available the current
Contractor Gruhn May has declined to extend the contract another year.
This contract has been problematic for the City of Atlantic Beach. The
current Contractor is the third and final contractor that has decided not to
perform this work for us under the terms of the bid.
We contacted Jacksonville Beach and found they are satisfied with their
current Contractor, Line and Grade Contracting , LLC that they se lected by
competitive bids on April 4 , 2014.
A comparison found that the Jacksonvillle Beach Contract unit pricing is
lower than the current Atlantic Beach contract. The Contractor has
expressed an interest in performing this work for Atlantic Beach , excluding
the unit prices for 4" & 5" thicknesses. As the contract unit prices for 6 "
concrete thicknesses is lower than our existing pricing for 4 & 5"
thicknesses , the Jacksonville Beach contract remains financially
advantageous .
BUDGET: Approximately $75,000 is normally allocated in the City budget for this
purpose each year. This money is predominately used for repairs to curbs , driveways
and sidewalks caused by repair of buried pipelines . The actual cost will be based on
the need for repairs and funds annually budgeted by the City.
RECOMMENDATION: Approve the use of Line and Grade Contracting, LLC for
this service to Atlantic Beach, piggy-backing off Jacksonville
Beach's contract 08-1314.
ATTACHMENTS: Jacksonville Beach Proposal No . 08-1314
Jacksonville Beach Contract No . 08-1314
Existing Atlantic Beach Contract Pricing
REVIEWED BY: =P! (/ a...-z ;;;?~
Nelson Van Liere, City Manager
AGENOA ITEM t/48
AUGUST 10, 2015
AGENDA ITEM #48
AUGUST 10,20 15
City of Jncksonv/lle Beach, Public Wol'l's Dell lll'tm ent Rfi'f' 08 -1314
Stt·cets Division Removal, Rcplncement, ln stnllnllon of Concrete Ex is tin g &New Sldewnll ts, Hnndi cnp RfllnJ IS1 Driv e-
U!)d ntcd:3/19/2 014 wnys, Ctll'bin g, Srllhvnys, Slnbs nnd Other Slln llnr Type Worll -Co ntinu ous Se rvi ces fo•· 5 Ycnrs
FORM 1: UNIT PRICE PROPOSAL TENDER FORM (Page 2 of 5)
Pay I Dcsea·iJ>fion Unit I)J'i ce
Item (ll_CI' S F)
Removal/Disposal of Existing Conct·ete Handicap Access
$ I .13 )I'-2 Ramp/Sidcwnll' wi th Di sposa l at on aut hor ized location out sid e the city
limit s nnd not on citv or ooerty
3
Removni/Disposnl of Ex isting (6" Thiel') Concrete
wit h Dl sposn l nt an nuthorized lo ca tio n out sid e the ci ty li mits and not on $__j_j_g ~~
ci ty property
Rcmoval/Replacemenf/Dispo sal of Ex isting Co ncrete Driveways
4 nnd/o•· Sld ew nll' and Re plA ce with 3000-PSJ C oncrete (6" $ 5.ttll ~ Thick) with Fll>e•·mesl• (per CITY Standard Detai l) with Di sposa l at
Annu thorl ze d location out side th e city limits nnd not on city l>roperly
Rcmovni/Replncement/Disposal of Exis ting Conca·e tc C urbing
5 (All Types) and Replace with 3000-PSI Conc rete with Flb e •·m es h $ 1~ '/u l,,-wit h Disposa l nt nn mathol'lzed loca tion outside the city limit s and not on
cltv l>roue a·tv
Rcmovnl/Disposnl of Ex is tin g Asphnlt Pavement & Base
~.tJ O"J : 6 Mntc•·lnl in anns, wh or e required, to in sta ll new concreto $ Clll'blng &/m· hnndicnp rnmps/new sid cwn llc s with Di sposal at nn
aut horized locati on ou tside th e ci ty Jimil s and not on city prope rly
7
Removai/DiSJlOSa l of Ex isti ng Co ncre te C m·bing (A ll Types) wi th
Dl spoRnlut on nut hol'i zed locn tio n outside th e cily limits Rnd not on ci ty $ s. ()f'> (}
orooerty
8 Removal/DisposAl of Existing (6" Thiel<) Concl'etc $ [, LD .
wi th Only Co nc•·cto Dl spos nl on Ci ty Pro perty Jr
Rcmovai/Rcplucement/Disposa l ofExisti ng Concrete Sidewa ll<
9 nnd Rcplnce with 3000-PSI Conc1·et e (4" T hiele) with Fibea·-me sh $ · ~Jo ~r (pet· C ITY S tnndnrd Dctnil) with Only Concrete Dls posnl on City
Prouerty
10 Removnl/Disposnl of Ex is ting C oncr ete Handicnp Access $l3u :S.l Ramp/Sid ew nllc wi th Only Concrete Dl suosnl on City Propei'!Y_
Removni/Replncement/Disposal of Existin g Concrete Drivewnys
$ '),J 0 ~ (. II nnd/or S id cwn lll a nd Rcplncc with 300 0-PSJ Concrete (6"
T hiel<) with Fibcrmesh (lleJ' CITY S tandnrd Detail) with Only
Co nct·ete Dlsr>osnl on CitY Prop_erty
12 Romovnl/Disposnl of Existing Concr et e C urbing (All Types) with $ 'l,~.r;t { F Only Concrete Dl sr>osnl on City Prooertv
Instnllntlon of New 3000-PS I Concrete Handicnp Access Ramp/
S idewall' meetin g C ua ·•·ent FOOT ADA S tandsmJs (4" T hl clt)
13 with F iber-mes h (p er CITY S tandard Detail), includ ing $ !tf. 1,(\ .n:-insta ll a ti on of Detectable Wn•·nings on Wnlldug S urfaces meet in g
Cu n·ent FOOT ADA Stand a rd s & (per cu rrent FOOT Des ign
Sta nd ard De ta il)
14
Jn stnllalion of New 3000~PS I C or•c•·ete Sidcwa llt (4" T hiel') with
$ ).~5' ~i fiber-mes h (p er CITY Stn ndni'CI Detail)
Pnge 15 of 59 GENERAL PR OVIS ION S
AGENDA ITEM 1148
AUGUST 10,2015
City of Jac/(tJ'OIIvllfe Beacft, Public Worl1s Dcpnrtrnent RFJ> 08-1314
Streets Division Removal, Replnccm eut, fn slll ll llfion ofConc•·ete Existing &New Sl dcwnllc s, llnndlcnp Rnrnps, Drivc-
Updnted:3/19/2014 wnys, Cu•·blng, Splllwnys, S lnbs nud Olllcl' Slm llm· Tvpc Worlt -Co ntinuou s Service s fo•· 5 Ycnrs
FORM 1: UNIT PRICE PROPOSAL TENDER FORM (Page 3 of5l
UNIT PRICE PROPOSAL TENDER FORM, Proposal Number J314-05 (continued)
l)ny ltc111 Description Unit l'l'icc
(tlCI' Sfi)
Installation of New 3000-PSI Concrete Sidewall' (4" Thiel<) with
$ -j,').N) Lf 15 Flbc•·-mesh with 6" tumdown a long the edge of pavement (per
CITY Standard Detail)
16 lnslallntion of New 3000-PSf Concrete Sid ewall' (6" Thick) with $ '='-s·o )t Fibe1·-mesh (Il ea· CITY Standurd Detail)
17 lnstnllntlon of New 3000-PSl Concrete StmuJnrd City Curbing with $L6 .(;[ 'r Fiber-mesh (pel' CITY Stnndn rd Dctnll)
18 lnslnllneion of New 3000-PSI Concrete Mlnmi Curbing $ /,) (( (F with Fiber-mesh (per CITY Stnnclnrd Detnll)
19 h1stn llntlon of New 3000-PSr Conc1·ete Ribbon Cu rbin g $/rJ CC({ with Fiber-mes h (per CITY Stnnd11rd Detnll)
20 Installation of New 3000-PSI Concrete Hende1· C111·blng $ [.1. Of) l (-with Fiber-mesh (pe r CITY Stnndnrd Detail)_
21 Jnstnllntlon of New 3000-PSI Conct·ete Va ll ey Guttc•· Cm·blng with $ }/$., t)f LF Fiber -mesh (per CITY Standard Dctnil)
22 Instnllntion of New 3000-PSI Conc•·ete Slnb (6" T hi ele) with Fiber-$ '[J,t_{l ')\ mesh (pe1· CITY Stnudn rd Detail)
23 lnstnllntion of New 3000-PSI Concrete Slnb (8" Thie le) with Fiber-$ ~. )( )1
mesh (per CITY Sta ndard Dctnll)
24 lnstnllntlon of New 3000-PSI Concrete Driveway Apro n (6" Thiele) $ l/,!:. {'I ~; f with Fiber-mesh (pet· CITY Stnndnrcl Detnil)
25 Instnllntion of New 3000-PSI Co ncrete Spill way with Fibe r-mesh $ {q ,t/,5 S I (per CITY Standnrd Detnll)
26 Regrading/Sod lnstnllntion in Arens Not Dh·cct ly Affected Dy $ l L c Sl
Concrete Worl'
lnstallntion of Detcctnble Wnl'llin gs on Wnlldng Stu·faces, meeting
$J9.()c 27 cu rrent FOOT ADA Standards (Section 527) & per current FOOT ~(
Design Standard Detail
Grand Total Price for
all Proposal Items $ ,J o1'J~ '] q Numerals
Combined: (Pay Items I
Thru27) A "t,._~ a \\ \'H\r\ < P \ h '~ '" ~ q Sr '\Jc--n Q(\(~ <:;( \H t-.\ '-1 ~ttt'(Writtcn)
If selcctedt it is undcJ"stood that compensation shall be bnsed on set'vice ol'del's and actual
measua·ements of service wo t·Jc accomplished and accepted by the CITY. The CITY reserves the
sole prerogative whethel' or not t o ord er I contract for any and a ll Pay Items li s ted in this proposal, to
determ ine the Qunntity to be ordered, and when the work is to be don e, a ll in the best interests of the
C ITY. The respondent agrees that thi s proposal sha ll be good a nd may not be withdrawn for a period of
90 days aftel' the opening of proposals.
Page 16 of 59 GENERAL J'ROVI SIONS
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
O~WCONTRACTORCONTRACTAGREEMENT
AGENDA ITEM# 4B
AUGUST 10, 2015
TillS AGREEMENT made and entered into this 22 day of April, 2014, by and between the
CITY OF JACKSONVILLE BEACH, FLORIDA, a municipality organized and existing under
the laws of the State of Florida, hereinafter called the OWNER or CITY, and, Line & Grade
Contracting, LLC hereinafter called CONTRACTOR:
WITNESSETH:
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1: Scope of Work
CONTRACTOR shall complete all work as specified or indicated in the Contract
Documents. The WORK is generally described as follows:
Concrete Removal, Replacement, Installation of Existing and New Sidewalks, Handicap
Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work-Continuous
Services for 60 Months
All WORK shall be performed in accordance with the Specifications prepared by the City of
Jacksonville Beach, Public Works Department. Services shall be for all materials, equipment
and services, including labor to perform the services, of which the requirements and scope of
services is detailed in Exhibit "A", RFP No. 08-1314 "Concrete Removal, Replacement,
Installation of Existing and New Sidewalks, Handicap Ramps, Driveways, Curbing, Spillways,
Slabs and Other Similar Type Work-Continuous Services for 60 Months. "
Article 2: Owner's Responsibility
Access to Work Area: The OWNER shall provide the CONTRACTOR access to all
areas in which services are to be performed. ·
Article 3: Times for Rendering Services
The specific periods of time for providing services shall be on a yearly basis. Scheduling
of services will be coordinated with the Public Work Street Division Supervisor.
Article 4: Term of Agreement
4.1 Effective Contract Term Start Date: This Agreement shall be effective from the
date of award by the CITY, April22, 2014, and will continue in effect for five (5)
calendar years.
Page 1 of12
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
4.2 Article 5: Payment To Contractor
AGENDA ITEM# 4B
AUGUST 10, 2015
The CON1RACTOR agrees to provide services as described in the Contract Documents
and comply with the terms therein.
5.1 For Basic Services: OWNER shall pay CONTRACTOR for Contractual Services
performed or furnished under the Exhibit "A", RFP No. 08-1314 "Concrete
Removal, Replacement, Installation of Existing and New Sidewalks, Handicap
Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work -
Continuous Services for 60 Months. " as set forth in the CONTRACTOR's
submitted Exhibit "B", RFP No. 08-1314 "UNIF PRICE BID TENDER FORM".
5.2 Invoices.
5.2.1 Preparation of Invoices: fu:voices will be prepared in accordance with
CONTRACTOR's standard invoicing practices and will be submitted to
OWNER by CONTRACTOR, unless otherwise agreed. The amount billed
in each invoice will be calculated as set forth herein. fuvoices are to be
issued by the 1Oth of the month for services rendered in the previous
period, which is to be no less than one month in length since the previous
invoice.
5.2.2 Disputed Invoices: ill the event of a disputed or contested invoice, only
that portion so contested may be withheld from payment, and the
undisputed portion will be paid.
Article 6: Standards of Performance
CONTRACTOR and OWNER shall comply with applicable Laws, Regulations, and
OWNER-mandated standards. This Agreement is based on these requirements as of its
Effective Date and includes the attached Exhibit "A", RFP No. 08-1314 "Concrete
Removal, Replacement, Installation of Existing and New Sidewalks, Handicap Ramps,
Driveways, Curbing, Spillways, Slabs and Other Similar Type Work -Continuous
Services for 60 Months. " Changes to these requirements after the Effective Date may be
the basis for modifications to CONTRACTOR's scope of work, times of performance, or
compensation.
Article 7: Contractor as Independent Contractor
It is expressly agreed and understood that the CONTRACTOR is in all respects, an
independent contractor as to the WORK and is in no respect an agent, servant, or
employee of the OWNER. This Agreement specifies the WORK to be done by the
CONTRACTOR, but the method to be employed to accomplish the WORK shall be the
Page 2 of12
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
responsibility of the CONTRACTOR.
Article 8: Subcontracting
AGENDA ITEM# 48
AUGUST 10,2015
CONTRACTOR may subcontract services to be performed hereunder with prior approval
of the OWNER. No such approval will be construed as making the OWNER a party of or
to such subcontract, or subjecting the OWNER to liability of any kind to any subcontract.
No subcontract shall, under any circumstances, relieve the CONTRACTOR ofits liability
and obligation under this Agreement; and despite any such subcontracting, the OWNER
shall deal through the CONTRACTOR, and subcontractors will be dealt with as workers
and representatives ofthe CONTRACTOR.
Article 9: Authorized Project Representatives
Upon the execution of this Agreement, CONTRACTOR and OWNER shall designate
specific individuals to act as representatives with respect to the services to be performed
or furnished by CONTRACTOR and responsibilities of OWNER under this Agreement.
Such individuals shall have authority to transmit instructions, receive information, and
render decisions relative to the WORK on behalf of each respective party.
Article 10: Inspection of Work
The CONTRACTOR shall furnish the OWNER or the OWNER's representative with
every reasonable opportunity for determining whether or not the WORK is performed in
accordance with the requirements of this Agreement. The OWNER may appoint persons
to inspect the CONTRACTOR's operations, equipment, and performance, and the
CONTRACTOR shall permit these persons to make such inspections.
Article 11: Right To Require Performance
The failure of either OWNER or CONTRACTOR at any time to require performance by
the other party of any provisions hereof shall in no way affect the right of the performing
party thereafter to enforce the same. Nor shall waiver by such party of any breach of any
provision hereof be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
Article 12: Extraordinary Occurrences
It is agreed that in no event shall OWNER or CONTRACTOR be liable or responsible to
each other or to other persons for damages resulting from deficiencies or delays in the
work herein provided for, where such deficiencies or delays result from Acts of God, fire,
natural disaster, or any other cause not within reasonable control of the OWNER or the
CONTRACTOR. The CONTRACTOR recognizes the essential nature ofthe services to
Page3 of12
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
AGENDA ITEM # 4B
AUGUST 10,2015
be performed hereunder and will use its best efforts to discharge its functions despite
such extraordinary occurrences.
Article 13: INSURANCE.
GENERAL PROVISIONS
Hold Harmless: The CITY shall be held harmless against all claims for bodily injury,
siclmess, disease, death or personal injury or damage to property or loss of use resulting
therefrom, arising out of the agreement, contract or lease unless such claims are a result
of the CITY's sole negligence.
Payment on Behalf of Organization: The CONTRACTOR agrees to pay on behalf of
the CITY, and to pay the cost of the CITY's legal defense, as may be selected by the
CITY, for all claims described in the Hold Harmless paragraph.
Such payment on behalf of the CITY shall be in addition to any and all other legal
remedies available to the CITY's exclusive remedy.
Loss ControJ/Safety: Precautions shall be exercised at all times by the CONTRACTOR
for the protection of all persons, including employees and property. The Other Party
shall be expected to comply with all laws, regulations or ordinances related to safety and
health, shall make special effort to detect hazardous conditions and shall take prompt
action where loss control/safety measures should reasonably be expected.
The CITY may order work to be stopped if conditions exist that present immediate
danger to persons or property. The CONTRACTOR acknowledges that such stoppage
will not shift responsibility for any damages from the CONTRACTOR to the CITY.
PROOF OF CARRIAGE OF INSURANCE & NAMING CITY AS ADDITIONAL
INSURED
CONTRACTOR shall furnish the CITY with satisfactory proof of carriage .of insurance
required herein. The successful CONTRACTOR shall name the City of Jacksonville
Beach as additional insured on the CONTRACTOR's and any subconsultant's or
subcontractor's Public Liability, Property Damage and Comprehensive Automobile
Liability Insurance policies. The additional insured shall be provided the same coverage
as the primary insured. The proof of carriage and a copy of all policies shall be required
prior to commencement of any work on this project.
Page4 ofl2
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
INSURANCE REQUIREIWENTS:
AGENDA ITEM #48
AUGUST 10,2015
Insurance-Basic Coverage's Required: The CONTRACTOR shall procure and
maintain the following described insurance, except for coverage's specifically waived by
the CITY, on policies and with insurers acceptable to the CITY.
These insurance requirements shall not limit the liability of the CONTRACTOR. The
CITY does not represent these types or amounts of insurance to be sufficient or adequate
to protect the CONTRACTOR's interests or liabilities but are merely minimums.
Except for worker's compensation and professional liability, the CONTRACTOR's
insurance policies shall be endorsed to name the CITY as -additional insured to the extent
of the CITY's interests arising from this agreement, contract or lease. In no case,
however, shall coverage for the CITY as additional insured be any less than that for the
CONTRACTOR to the extent of the CITY's interest arising from this agreement,
contract or lease.
Worker's Compensation Coverage: .x_Required _Waived
The CONTRACTOR shall purchase and maintain worker's compensation ihsurance for
all worker's compensation obligations imposed by state law and employers liability limits
of at least $100,000.00 each accident, $100,000.00 each employee and $500,000.00
policy limit for disease.
The CONTRACTOR shall also purchase any other coverage's required by law for the
benefit of employees.
General Liability Coverage: .lL_Required _Waived
Conunercial General Liability-Occurrence Form required.
H Commercial General Liability coverage is provided:
Coverage A shall include premises, operations, products and completed operations,
independent contractors, contractual liability covering this agreement, contract or lease
and broad form property damage coverage's.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Page 5 of 12
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
COMPREHENSIVE GENERAL LIABILITY:
If Comprehensive General Liability coverage is provided it shall include at least:
AGENDA ITEM #4B
AUGUST 10, 2015
Bodily injury and property damage liability for premises/operations, products/completed
operations, independent contractors and property damage resulting from explosion,
collapse or underground (x, c, u) exposures.
Broad Form Comprehensive General Liability coverage, or its equivalent, with at least
broad form contractual liability covering this agreement, contract or lease, personal injury
liability, and broad form property damage liability.
Amounts:
Bodily Injury
Property Damage:
$1.000,000
$1,000,000
$1,000,000
$1,000,000
Each Occurrence
Aggregate
Each Occurrence
Aggregate
Products/Completed Operations: .JLRequired _Waived
The CONTRACTOR is required to continue to purchase products and completed
operations coverage, at least to satisfY this agreement, contract or lease, for a minimum of
three years beyond the Organizations' acceptance of renovation or construction projects.
Amounts: $1,000,000 Aggregate
Business Auto Liability Coverage: _x_Required _Waived
Business Auto Liability Coverage is to include bodily injury and property damage arising
out of ownership, maintenance or use of any auto, includ:ing owned, non owned and hired
automobiles and employee non ownership use.
Amounts: -~x=-__ Same as General Liability
Professional Liability: JL..Required _Waived
Amounts: --=x-=--__ Same as General Liability
Page 6 ofl2
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4~22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
EXCESS OR UMBRELLA LIABILITY COVERAGE:
AGENDA ITEM #4B
AUGUST 10, 2015
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be
allowed. Whichever type of coverage is provided, it shall not be more restrictive than the
underlying insurance policy coverage's.
CERTIFICATES OF INSURANCE:
ReqUired insurance shall be documented in Certificates of Insurance, which provide that
the CITY shall be notified at least 30 days in advance of cancellation, nonrenewal or
adverse change.
New Certificates of Insurance are to be provided to the CITY at least 15 days prior to
coverage renewals.
If requested by the CITY, the CONTRACTOR shall furnish complete copies ofthe
CONTRACTOR's insurance policies, fonns and endorsements.
For Commercial General Liability coverage the CONTRACTOR shall at the option of the
CITY, provide an indication of the amount of claims payments or reserves chargeable to
the aggregate amount of liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of
policies by the CITY, or by any of its representatives, which indicate less coverage than
required does not constitute a waiver of the CONTRACTOR's obligation to fulfill the
insurance requirements herein.
Article 14: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold
hannless OWNER, OWNER's officers, directors, partners, and employees from and
against any and all costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys and other professionals, and all court or
arbitration or other dispute resolution costs) caused by negligent acts or omissions of
CONTRACTOR or CONTRACTOR's officers, directors, partners, employees, or
subcontractors, in the perfonnance and furnishing of CONTRACTOR's services under
this Agreement.
Page 7 ofl2
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
Article 15: Termination
The obligation to provide further services under this Agreement may be terminated:
AGENDA ITEM #4B
AUGUST 10,2015
15.1 For cause: By either OWNER or CONTRACTOR upon 30 days written notice in
the event of substantial failure by the other party to perform in accordance with
the terms hereof through no fault of the terminating party.
15.2 For convenience: By OWNER, effective upon the receipt of notice by
CONTRACTOR. The OWNER's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the City Council.
Article 16: Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate
party at its address on the signature page and given personally, or by registered or
certified mail postage prepaid, or by a commercial courier service. All notices shall be
effective upon date of receipt or ten (1 0) days after mailing, whichever occurs first.
Article 17: Survival
All express representations, indemnifications, or limitations of liability included in this
Agreement will survive its completion or termination for any reason.
Article 18: Severability
Any provision or part of the Agreement held to be void or unenforceable under any Laws
or Regulations shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Agreement
shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
Article 19: Waiver
Non-enforcement of any provision by either party shall not constitute a waiver of that
provision, nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
Article 20: Headings
The headings used in this Agreement are for general reference only and do not have
special significance.
Page 8 of 12
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
Article 21: Contract Documents
AGENDA ITEM# 4B
AUGUST 10, 2015
The Contract Documents, which comprise the entire Agreement between the OWNER
and CONTRACTOR, consist of the following, which are made a part thereof:
21.1 Owner/Contractor Contract Agreement (pages I to 12, inclusive).
21.2 Exhibit "A," RFP Invitation Package entitled: RFP No. 08-1314 "Concrete
Removal, Replacement, Installation of Existing and New Sidewalks, Handicap
Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work -
Continuous Services for 60 Months. "
21.3 Addendum numbers .lthrough .linclusive to RFP No. 08-1314.
21.4 Exhibit "B," RFP No. 08-1314 "UNJF PRICE BID TENDER FORM" submitted
by Line & Grade Contracting, LLC.
21.5 Exhibit"C," RFP No. 08-1314"CouncilApprovedMemo"
21.6 Change Orders, Field Orders or Written Amendments duly delivered after
execution of Agreement.
21.7 All applicable provisions of State and Federal Law and any modification, thereof,
and State of Florida Contract Provisions.
There are no Contract Documents other than those listed above. The Contract
Documents may only be altered, amended, or repealed in accordance with the Terms and
Conditions.
Article 22: Defmitions
Wherever used in this Agreement (including the exhibits hereto) and printed with initial
or all capital letters, the terms listed below have the meaning indicated, which are
applicable to both the singular and plural thereof:
22.1 Change Order -A document submitted by ENGINEER/ARCHITECT or
OWNER, which is signed by CONTRACTOR and OWNER to authorize an
addition, deletion or revision in the WORK, or an adjustment in the Contract
Price or the Contract Times, issued on or after the Effective Date of the
OWNER/CONTRACTOR CONTRACT AGREEMENT.
22.2 Contract Price -The moneys payable by OWNER to CONTRACTOR for
completion of the Services in accordance with the OWNER/CONTRACTOR
CONTRACT AGREEMENT.
Page 9 ofl2
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
Term: 5 years, (60 Months).
COJB RFP # 08-1314, Concrete Continuous Services.
AGENDA ITEM# 4B
AUGUST 10,2015
22.3 Shop Drawings -All drawings, diagrams, illustrations, schedules, and other data
or information that are specifically prepared or assembled by or for
CONTRACTOR and submitted by the CONTRACTOR to
ENGINEER/ARCHITECT or OWNER to illustrate some portion of the WORK.
22.4 Specifications -That part of the Contract Documents consisting of written
technical descriptions of materials, equipment, systems, standards, and
workmanship as applied to the WORK and certain administrative details
applicable thereto.
22.5 Supplementary Conditions-That part of the Contract Documents, which amends
or supplements the General Conditions.
22.6 Work-The entire completed construction or the various separately identifiable
parts thereof required to be provided under the Contract Documents with respect
to this Project. Work includes and is the result of performing or furnishing labor,
services, and documentation necessary to produce such construction and
furnishing, installing, and incorporating all materials and all equipment into such
construction, all as required by the Contract Documents.
22.7 Work Change Directive -A written directive to CONTRACTOR issued on or
after the Effective Date of the OWNER/CONTRACTOR CONTRACT
AGREEMENT and signed by OWNER upon recommendation of the
ENGINEER/ARCHITECT, ordering an addition, deletion, or revision in the
WORK, or responding to differing or unforeseen subsurface or physical
conditions under which the WORK is to be performed or to emergencies. A Work
Change Directive will not change the Contract Price or the Contract Times but is
evidence that the parties expect that the change directed or documented by a
Work Change Directive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
Article 20: Governing Law
This Agreement shall be governed by the laws of the State of Florida. Both parties agree
that the courts of the State of Florida shall have jurisdiction of any claim arising in connection
with this agreement. In the event of litigation arising out of this Agreement, the prevailing party
shall be entitled to the award of attorney's fees and costs at both trial and appellate level.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Document have been signed or identified by OWNER and CONTRACTOR on their
behalf.
Page 10 ofl2
.... '
·./
AGENDA ITEM# 4B
AUGUST 10, 2015
CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014
LLC.
COJB RFP # 08-1314, Concrete Continuous Services.
OWNER:
Address for Giving Notices:
City of Jacksonville Beach
Department ofPublic Works
1460 Shetter Avenue
Jacksonville Beach, Florida 32250
Designated Representative
(paragraph 9):
Name: William T. Edwards, P: E.
Title: Director ofPublic Works
Phone Number: (904) 247-6219
Facsimile Number: (904) 247-6117
Page 12 of 12
Term: 5 years, (60 Months).
CONTRACTOR:
Address for Giving Notices:
LINE & GRADE CONTRACTING, LLC
3426 Devilwood Street
Middleburg, Florida 32068
-j •
Designated Representative
(paragraph 9):
Name: Karen Napier
Title: President
Phone Number: (904) 200-1632
Facsimile Number
ClTY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #6A
AUGUST 10,201 5
AGENDA ITEM: Di scussion regardin g postal service issues and potential adoption of a resolu tion
requesting the United States Pos tal Service to change the last line of the add resses
from Atlantic Beach to Jacksonville for those properties which are not w ithin the
City limits of Atlantic Beach.
SUBMITTED BY: Nelson VanLiere, Ci ty Managcr c;:.?
DATE: July 15 ,2015
BACKGROUND: Since the 1960s, when Zip Codes were first used, citizens have been pleading with
the government to align municipal boundaries with the postal codes. The United
States Postal Service (USP S) has over the years resisted these changes for any
reason because the mailing address is tbr the delivery of mail and the Zip Codes are
the comerstone of that system. C i tizens frequently turned to members of Congress
for their respective jutisdictions trying to get changes to Zip Code boundaries.
More recently, the USPS has developed a "Zip Code Boundary Review Process"
that promises "every reasonable effort" to consider and, if possible, modify the last
lines of an acceptable ad dress or modify Zip Code Boundaries. T he process places
the responsibility on the District Managers rather than local postmasters, to review
requests for boundary adj ustments . If a District Manager rejects a reques t, the
process provides for an appeal to the Manager of Delivery at USPS Headquarters.
This boundary review process enhances the possibility of accommodating
communities s uch as Atlantic Beach that des ire a modification. The so luti on that
seems feasible would be to a ll ow the use of more than one City name on the last
line of the address w hile retaining the Zip Code number of the delivery post office.
It is possible now for the USPS to change the n ame of the City and keep the Zip
Code the sa me due to the modem postal equipment sorting functions. There are
places nearby suc h as Nocatee and Ponte Vedra th at are already doing thi s.
The City of Atlantic Beach shares the Zip Code 32233 with the portion of
Jacksonville north of Atlantic Beach a ll the way to Mayport. This has been a
source of frustration for many yea rs. This has caused confusion wiUJ Jacksonville
residents seeking services such as police, utility, code enforcement, an im a l control ,
bu s iness taxes and building permits from Atlantic Beach when they should be
contacting the City of Jacksonville.
Many property owners assume that they live in the City des ignated by their m a iling
address and are confused and sometimes shocked or even angry when they tea m
the truth. We are asked many times to fill o ut fonns with a mailing address and a
physical address. Most people in this situation do not know th ere is a diffe rence.
One aspect of this request that makes it unusual is that the City of Atlantic Beach is
proposing that Jacksonville residents change their address to match their
juris diction. The USPS has indicated that this is very easy to do because
Jacksonville is the default address for those locations anyway, but that it is
BUDGET:
AGENDA ITEM #6A
AUGUST 10, 2015
overwritten with Atlantic Beach. The postal service indicated we would need a
resolution from our governing body showing support to initiate this review process.
The process may entail a survey of affected residences and it is possible they may
not want this.
No budget impact
RECOMMENDATION: Direct staff to finalize a resolution to be forwarded with a letter to the
District Manager of the United States Postal Service requesting that the
"City Name" portion of the addresses for those properties within Zip Code
32233, but not located within the City limits of Atlantic Beach be changed
to Jacksonville.
ATTACHED: (1) Resolution No. 15-07
(2) Example of a letter to citizens from the postal service as a result of a similar request.
RESOLUTION NO. 15-07
AGENDA ITEM #6A
AUGUST 10, 2015
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING A
ZIP CODE BOUNDARY REVIEW BY THE UNITED STATES POSTAL SERVICE TO
CHANGE THE LAST LINE OF THE ADDRESS FROM ATLANTIC BEACH TO
JACKSONVILLE FOR PROPERTIES WHICH ARE NOT WITHIN THE CITY OF
ATLANTIC BEACH
WHEREAS, the Zip Code system for identifying address locations was created in the 1960s and is often
found to be misaligned with municipal boundaries; and
WHEREAS, Zip Codes are based on the location of delivery post offices and often do not correspond to
municipal jurisdiction boundaries. Currently, some citizens in Jacksonville, Florida receive their mail from a post
office in Atlantic Beach, and their mailing address reflects the name and Zip Code of this post office rather than the
jurisdiction where they actually live; and
WHEREAS, municipalities sharing a Zip Code has created some unique problems and a great deal of
confusion and frustration for citizens, vendors and businesses; and
WHEREAS, citizens become frustrated when they contact the City of Atlantic Beach to request police
services in a time of crisis only to find out they are calling the wrong City. There is also confusion when citizens
try to report code enforcement violations within their neighborhoods and are told that they are not in Atlantic
Beach's jurisdiction and must contact the City of Jacksonville to file a complaint; and
WHEREAS, it is often very difficult for Atlantic Beach staff members to explain to contractors submitting
applications for building permits that although the property has an Atlantic Beach address and Zip Code, the
approval authority is the City of Jacksonville; and
WHEREAS, municipalities using the same Zip Code for non-postal purposes has exacerbated problems for
citizens who have a mailing address that does not match their actual City of residence.
NOW THEREFORE, BE IT RESOLVED that the City Commission of the City of Atlantic Beach,
Florida hereby supports and requests a Zip Code Boundary Review by the United States Postal Service to change
the last line of the address from Atlantic Beach to Jacksonville for properties which are not within the City limits of
Atlantic Beach.
PASS ED AND ADOPTED by the City Commission of Atlantic Beach, Florida, this ___ day of August
2015.
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
RICHARD KOMANDO, ESQUIRE
City Attorney
CAROLYN WOODS
Mayor
STAFF REPORT
City of AtJantic Beach
C ommission Meeting
AGENDA I TEM: ORDINANCE NO . 70-15-18
AGENDA ITE.M ff 7A
AUGUST 10 , 20 15
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 20, TAXATION, OF THE CODE OF
ORDINANCES OF THE C ITY OF ATLANTIC BEACH, BY AMENDING
SECTION 2 0-82 ADDITIONAL HOMESTEAD EXEMPTION
AUTHORIZED AND A DDING SECTION 20-82(b) TO AUTHORIZE AN
ADDITIONAL EXEMPTION, AMENDI NG SECTION 2 0-83, ANNUAL
A DJU STMENT TO HOUSEHOLD INCOME; DIRECTlNG THE CITY
CLER K TO PROVIDE A COPY TO THE DUVAL COUNTY PROPERTY
A PPRAISER'S OFFICE; REQUIRING A MAJORITY PLUS ONE VOTE
O F ALL MEMBERS OF THE GOVERNING BODY TO BE EFFECTIVE,
PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE
DATE.
DA TE: July 15, 2015
SU BMITTED BY: Nels on Van L icre, C ity Ma nager c;?C"
BACKGROUND: On May 28, 20 13, th e City of J ackso nvi ll e passed an ordinance to al low for
an additional ho mes tead exempti on from taxes paid to th e co unt y for th ose propert ies a nd
indi vid ual s that meet certa in criteria as the result of a consti tutional amendment effective Jul y I ,
20 13.
T he ame ndment provides fo r an additiona l homestead exempti o n equal to the assessed va lu e of
th e homesteaded property if th e property ha s a just va lu e le ss than $250 ,000 to an owne r who ha s
maintained permanent residency on the property for no t less than 25 years, who has atta ined th e
age of 65, and whose household in come does not exceed low income as defined by ge nera l law.
This ordi nance sha ll be delivered to the Du va l Co unty Property Ap praiser no later than
Decemb er I, 20 15 to be effective in the 20 16 ta x year. The ordinance is s imilar to that passed by
th e City of Jackso nvill e.
BU DGET: The bud get impa ct will be rea lized in th e subsequent year as a redu ct io n to ad
va lorem tax revenues. The doll ar amount of th e imp act depend s on the numb er o f qua li ticd
propetiy owne rs that make appl ica ti on fo r the exempti o n and is expected to h ave an in s ignifica nt
impact on the total tax assess ment. At the present tim e, th e est im ated imp act is a reduction of tax
revenue of$375. This was derived fro m th e current market va lu e of six prope11ies that meet the
cr iteria . The total exempted va lu e for th ese six propert ies is $118 ,739.
RECOMMENDATION: ApproveOrdinanceNO. 70-15-18
ATTACHMENTS: ORDINANCE NO. 70-15-18
F lorida Statutes C hapter 196.075 for a·cference
ORDINANCE NO. 70-15-18
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 20, TAXATION, OF
THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, BY AMENDING SECTION 20-82
ADDITIONAL HOMESTEAD EXEMPTION AUTHORIZED
AND ADDING SECTION 20-82(b) TO AUTHORIZE AN
ADDITIONAL EXEMPTION, AMENDING SECTION 20-83,
ANNUAL ADJUSTMENT TO HOUSEHOLD INCOME;
DIRECTING THE CITY CLERK TO PROVIDE A COPY
TO THE DUVAL COUNTY PROPERTY APPRAISER'S
OFFICE; REQUIRING A MAJORITY PLUS ONE VOTE OF
ALL MEMBERS OF THE GOVERNING BODY TO BE
EFFECTIVE, PROVIDING FOR SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM# 7A
AUGUST 10,2015
WHEREAS, Article VII, §6(f), Florida Constitution, authorizes the state legislature to enact a
general law allowing municipalities, for the purpose of their respective tax levies, to grant an
additional homestead exemption, and
WHEREAS, said constitutional Amendment provides that the additional homestead exemption
equal to the assessed value of homesteaded prope1iy if the property has a just value less than
$250,000 to an owner who has maintained permanent residency on the prope1iy for not less than
25 years, who has attained the age of 65, and whose household income does not exceed low
income as defined by general law; and
WHEREAS, the State Legislature enacted Chapter 12-57, Laws of Florida, creating F.S.
§196.075, implementing A1iicle VII, § 6(d), Florida Constitution, effective July 1, 2013, and
WHEREAS, the City Commission of the City of Atlantic Beach desires to provide for an
additional homestead exemption within the provisions and limitations of Aliicle VII, §6(d),
Florida Constitution, Chapter 12-57, Laws of Florida, and F.S. §196.075, and
WHEREAS, the additional homestead exemption should be in the fmm of an ordinance and
should be delivered to the Duval County Property Appraiser no later than December 1, 2015 to
be effective in the 2016 tax year, and
NOW, THEREFORE, 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
to add an additional homestead exemption and change the household income determination and
shall read as follows:
Ordinance No. 70-15-18 Page 1 of3
• Sec. 2 0-82 . -Addition a l homestea d exemption~ authorized .
AGENDA ITEM# 7A
AUGUST 10,201 5
.(li_Co mm cnc in g Ja nu ary I, 2001, and annu ally thereafter, pursuant to Art ic le VII,
§6(f), Flo rid a Co ns titution , a nd F.S. § 196.075, a n additi ona l homestead
exempt ion of t wen ty-live thou sa nd doll ars ($25,000 .00) is hereby autho ri zed fo r
any person who has th e lega l o r equitable title to rea l estate and maintai ns thereon
the permanent res id ence of the owne r, who has attained the age o f sixty-five (65)
and whose househo ld in co me does not exceed twenty th ousa nd do ll ars
($20,000.00), aEij~;~sted by the eost of living iRdeK for the year ~(:}00 . Low income
as defined by F.S . §196.075 .
(b) Commencing Jan uary I, 2015 and annually thereafter, pursuant to At1 ic le VII.
§6Cd), Florida Constituti on and F.S. § 196.075, an add iti ona l homestead
exemption is authorized equal to the as sessed value of the property to any person
who has the legal or equi tab le title to real estate with a just va lu e less than two
hundred and fifty thousand dollars and who has maintained th ereon the permane nt
residence of the owner for not les s th an twenty-five years and who has attained
age sixty-five and whose household income does not exceed th e income limitat ion
prescribed in F.S. §196 .075 .
• Se c. 20-83.-Annual adjustment to hou sehold income.
_ CoRlmeneiRg :ltumary l , ~001 , the het:isehold ineome limitation shall be adjusted annually,
on January 1, by the pereentage change in the a•,•erage eost of li•,ring index in the J:>eriod January
1 through Deeember 31 of: the it:nmediate prior year eompared wi th the same period fer the ~ear
~o that. The iAdeJE is the average of the monthly eons~;~ mel' priee index figures for the stated
12 month period , relative to the United States as a whole, issued by the URited States
t>epartment of Labor.
The household income limitation shal l be adjusted annua ll y. on January 1, in accordance
with F.S . § 196.075.
SECTION 2. The C ity C lerk is he reby directed to deli ve r a certifi ed co py o f thi s ordin ance to
the Duva l Co unt y Property App raise r's Office up on approval.
SECTION 3. Severability. If any sec tion , sentence, clause or phrase of thi s ordinance is held to
be inva lid or uncon s titu tiona l by any court of compete nt jurisd icti on, then sa id holdin g sha ll in
no way affec t t he validity of th e remai nin g portions of th is ordinance.
SECTION 4. Effec ti ve Date . T hi s o rdinance s hall take effect imm edi ate ly upo n its fi na l
passage and adopti on.
Ordinance No. 70-1 5-18 Page 2 of3
AGENDA ITEM# 7A
AUGUST 10,2015
Passed by the City Commission on first reading this __ day of ____ _
2015.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commission this __ day of , 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to form and conectness:
RICHARD KOMANDO,
City Attomey
Ordinance No. 70-15-18
CAROLYN WOODS,
Mayor, Presiding Officer
Page 3 of3
ACENDA ITEM I# 7A
AUCUST 10,2015
Bel ow is section 196.075, the add i tiona l se nior exempti o n, copied from the State's webs ite
for s tatute s .
Title XIV
TAXATION AND FINAN CE
Cha p ter 196 View Entire Ch apter
EXE MPTION
196.075 Additional homestead exemption for perso ns 65 and older.-
(1) As used in this section, th e t erm :
(a) "Household" means a person or group of pers ons living together in a
room or group of rooms as a housi ng unit, bu t t he t erm do es not include
persons boarding in or r enting a portion of the dwellin g.
(b) "Household income" means the adjusted gross inco me, as defined ins.
62 of the Uni t ed Sta t es Intern al Reve nue Code, of all members of a househol d.
(2) In accord ance with s. 6(d), Art. VII o f the State Constit ution, the board
of coun ty co mmi ss ioners of any county or the governing authority of any
mun i cipality may adopt an ordina nce to allow ei the r o r both of t he fol lowing
additional homestead exemptions:
(a) Up to $50,000 for any person who has the l egal or equitable title to real
estate and maintains thereon the perman ent residen ce of th e owner, who has
attained age 65, and whose house hold income does not exceed $20,000 ; or
(b ) Th e amount of the assessed value of the property f or any pe rso n who
has the lega l or equitabl e title to real e state with a just value l ess t han
$250,000 and has maintained thereon the permanent res i denc e of the owner
for at l east 25 yea r s, who has attained ag e 65, and who se household i ncome
does not exceed t he i ncome limitation presc ribed in parag raph (a), as
ca lculated in subsection (3).
(3) Beg inning Jan uary 1, 2001, the $20,000 in come limi tation sha ll be
adjust ed an nually, on January 1, by the percentage change in the average cost ·
of-living index in the period January 1 t h rough Dece mber 31 of the immediate
prior year co mpared w it h the same period f or the ye ar prior t o that. The index
is the aver age of the monthly consume r -price-i ndex figures for the stated 12-
month period, relative to the United Sta t es as a wh ol e, issued by the United
St ates Department of Labor.
(4) An ordinance granting an addi tional homestead exempt ion as authorized
by this section must meet t he f ollowing r equirements:
(a) It mu st be adopted under the proced ures f or adoption of a
nonemergency ordi nance speci f i ed i n chapter 125 by a board of county
commissioners or chapter 166 by a munici pa l governin g authority, except that
the exe mp tion authorized by paragraph (2)(b) must be authorized by a super
majority (a majority plus one) vote of the members of th e gove rning bo dy of
the co un ty or municipality granting such exem ption .
(b) It must specify tha t the exemp tion applies only to taxes levied by the
unit of government gra ntin g the exemption. Unless otherwi se specified by the
co un t y or municipality, t his exe mption will apply to all tax levies of t he co un ty
or mun i cipality granting the exe mption , i ncluding dependent spec ia l distri cts
and municipa l service ta xing units.
(c) It must speci fy the amount of the exe mption, which may not exceed the
applicable amoun t spec i fied in subsection (2). If t he co unty or muni cipality
specifi es a different exemption amoun t for depe ndent special di stricts or
municipal service taxin g units, the exemption amount must be uniform in all
dependent specia l di stric t s or munici pal service taxing un its wi t hin the county
or muni cipality.
(d ) It mus t r eq uire that a taxpayer clai ming the exe mption an nually submit
to th e prope rty appraiser, not l ater than March 1, a sworn statement of
house hold income on a form p rescri bed by the Departm ent of Reve nue.
(5) The department must re quire by rule that t he filing of the statemen t be
supported by copies of any federal income tax returns for the prior year, any
wage and earn ings statements (W·2 forms), any req ues t for an extension of
t ime to file returns, and any other do cu ments it finds necessary, for each
member of the house hold, to be submitted for i nspection by the property
apprai ser. The tax payer's sworn statement shall attest to t he accuracy of the
docume nts and gra nt p ermi ssion t o allow review of the doc uments i f request ed
by the p rope rty appraiser. Submission of supporting doc um enta tion is not
req uired for the renewa l of an exemption under this section unless the
property appraiser request s such documentation. Once the docume nts hav e
been inspected by t he property appraiser, they shall be r eturned to t he
taxpayer or otherwi se destroyed. The prop erty appraiser i s aut horized to
generate random au dits of th e taxpayers' sworn statements to ensure the
accu ra cy of the household income reported. If so se l ected for aud i t, a taxpayer
shall exec ute In ternal Reve nu e Service Form 8821 or 4506, which authorizes
the Inte rn al Revenue Servi ce to r el ease tax in formation to the pro perty
appra i ser 's office. All reviews conducted in accordance with this sec t ion shall
b e co mpleted on or before Ju ne 1. Th e prop er ty appraiser may not gra nt or
r enew the exemption if the req uired docum en t ation requested is not provi ded.
AGENDA JTEM # 7A
AUG UST 10,20 15
(6) The board of county commission ers or municipal gove rn i ng authority
must deliver a copy of any ordina nce adopted und er t hi s sec tion t o th e
property appraise r no later than Decemb er 1 of t he yea r p rior to t he year th e
exemp t ion will take effect. If the ordin ance is repea l ed , t he boa rd of coun ty
commi ssion er s or municipal governing au t hori t y shall notif y the prop erty
appra i se r no later t han De cember 1 of t he yea r pri or to t he yea r th e ex emp t i on
expires .
(7) Thos e p erson s entitl ed to the homes tead exemption i n s. 196.031 may
apply for and r e ceive an additional hom estea d exe mpti on as provided i n t hi s
section. Receipt of the additional homestead exe mpt i on prov ided for in this
sec tion shall be subject to the provi sion s of ss . 196. 131 an d 196.161 , if
applicabl e .
(8) If tit le is held jointly with right of survivorship, t he pers on res iding on
the property and otherwi se qualifying may recei ve the enti re amoun t of th e
addi tional homestead exemption.
(9) If the property apprai ser det ermin es that f or any year wi t hin t h e
immediately previous 10 years a person wh o wa s not en titl ed to the additiona l
homestead exemption under this section wa s gra nted such an exemption, the
property apprai ser shall se rve upon t he own er a notice of I ntent t o r ec ord In
the public records of the county a notice of tax lien aga i ns t any property
own ed by that person in the county, and t hat prope r t y mu st be Id entif i ed i n
the notice of tax lien. Any property that i s own ed by t he t axpaye r and i s
situated in t hi s state i s subject to the ta xes exe mpted by th e improper
homestead exemption, plus a penalty of 50 pe r cent of t he un pa i d taxes f or
each y ear and Interest at a rate of 15 perce nt p er ann um. Howe ver , if su ch an
exemption is improperly granted as a r esult of a cl eri ca l mi stake or omission by
t he property app raiser, t he person who improp erly recei ved th e exemption
may not be assesse d a penalty and interest. Before any such lien may be filed,
the owner must be given 30 days w ithin wh ic h to pay th e ta xes, penalties, and
int erest. Su ch a li en i s subje ct to the procedure s an d prov i si ons se t f orth in s.
196.161 (3).
AGENDA ITEM# 7A
AUGUST 10,2015
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
A GENOA I TEM # 88
AUGUST 10,201 5
AGENDA ITEM: Request for a waiver from City Code Section 19-7 Driveway
Limitations to Allow a Circular Driveway at 800 Sherry Drive
SUBMITTED BY: Dougla s E. Layton , PE, PWLF
Public Works Director
DATE: 7/13/15
BACKGROUND: Applicant has requested a new driveway at 800 Sherry Drive with a
c ircu lar driveway. The lot frontage is 75 feet. All other sections of
the code appear to have been met by the application.
BUDGET:
City Code Section 19-7: Construction of driveways in rights-of way
contains the following requirement:
(f)" ... , and c ircular drives shall only be permitted on lots having at
least one hundred-foot frontage."
No budget co ns ideration
RECOMMENDATION: Consider approval of requested waiver to City Code Section
19-7 re quirements for this location.
ATTACHMENTS: 1. Waiver Application for 800 Sherry Drive
2 . Letter Terry Brown to CoAB dated 6/4/15
3 . City Code secion19-7.
4 . Permit drawing T-1-14056, dated 1/21/15
REVIEWED BY: ~~V'a-;2:...-t
N elson Van Li e re, City Manager
AGENDA ITEM 118D
AUGUST 10,2015
• Sec:. 19-7. -C nnstrudion of driveways in rig hts-of-way.
T he con s tru ction o f'[l new drivewa y in tla: cit y's ri ght -ol'-wa y. or lh c rnotlili cat io n nrnn ex is tin g
drivcwn y in a ri g ht-of-way. shall requi re u co ns tructio n penni l withi n ci ty ri ght s-o f-w ay a nd ca serncn ls. Said
pennit s ha ll be iss ued s ubjc.:et to the fo ll owin g requirement s:
(a)
(b)
(c )
(d)
(c)
(I)
(g)
(h)
The proposed driveway s ha ll no t create more th a n fi ll y (50) pl.!rcent im pervious area wi th in I he rig ht-o r-
wa y.
An y pen n it iss ued sha ll be a n.:vocnbl c encroa chme nt penn it if a ny non standard dri vewu y rn ntc.:ri a ls
(i.e., pn ve rs) arc in s tull e d in the ri g ht -ol~wa y. If th e city is rcquin.:d to do an y u tilit y or oth er work
o r repui rs in a right -ol'-wn y whic h dn ma ges suc h nons tnndnrd mu te rin ls, th e hom eowner s ha ll he
re s ponsible lor repair s necess ary to the materia ls .
A ny construction wit hi n th e city's rig ht s-of-wny s hnllno tudvcrsc ly affec t or re stri ct publi c pn rk ing in
the ri ght s-ol'-wo y.
No pnrkin g nprnn s slwll be all o wed in the ci ty's rig hts-ol~wa y a long arteria l (throu gh) s treet s li s ted in
cit y 'ocl t: s ub section 1 1-1-(h).
An y improvements in th e cit y's right s-of-way that arc not pu rl o ra driv(.:w:•y or s id e walk s hall be
co nstruc te d or turf bl ock or other p(.:r vio us lllil lcria l.
Ma x imum dri vewa y width nt the propert y li ne und th rou gh the ri g ht-of-wa y shnll hc twc rll y (20 ) li:ct.
Ma ximum driveway wi dth lor c irc ulnr drives s hall be twel ve ( 12) feet, and circular dri ves shall
o nl y be pcnnitt cd on lot s havin g at lea s t one hLUldrcd -loo t lron tn g e.
Ma x imum dri veway width at the propert y lin e and th rou gh the righ t-of-wn y for d upl e xes o nn lill y-limt
lot shnll he a co mb ined wi dth for bo th dri ve wa ys or twenty -four (24) feet.
Driveways that cross s id ewa lks. C ity s id cwu lks m<~y not be n:pla ccd wi th o the r mutcriuls, hut mu s t be
replaced with smooth con c re te len na tural in co lor so th at it ma tches the e."<ist in g and ndjo in iug
s id cwnlk s.
CITY OF ATLANTIC B EACH
CITY COMMISSION M E .:TING
STAFF REPORT
AGENDA ITI':M fiS C
A UGUST 10,20 15
AGENDA ITEM: t>ublic Hearing o n req ues t for use by excepti on ( 15-UB EX-1 043 to
permit a ve terina ry clini c within the Comm erc ial Ge nera l (CG) Zo ning
Di str ic t at 725 At lantic Boul evard , Unit I .
SUBMITI'ED BY: D e1~k W. Reeves /"'-4'9J
Pl ann er f
OATE: Jul y 24, 201 5
STRATEGIC PLAN LJNK: None
BACKGROUND: The app licant is Dr. John Gree n, th e ow ner a nd operator o f a n ex ist in g ve terinary
clinic at 519 Atlantic Bouleva rd in Atl a nti c Beac h. Serv ices cove r a ll thin gs hca lth ca re fot · ho use hold
pets, but do not offer ove r ni ght or long term boa rdin g of anim a ls. T he app li can t is requ ired to ob ta in a
Use-By-Exceptio il pe r Sec tion 24-111 (c)(2), whic h states o ne is nee ded for, "ve terina ry c lini cs" wi th in
th e Com merc ial Ge neral zonin g di stri ct. A Use-By-Exce pti on is required for these types of uses because
I hey can pote ntiall y produce noises or odors that affect nea rb y prope rti es.
Th e s ite is loca ted at th e end o f a n ex istin g co mm ercia l strip center within th e Co mm ercia l Genera l
zon in g di strict. Within t he strip ce nt er th ere is a nail and s pa pl ace to th e west and ware ho use uses to th e
no rth . Th e so uth s id e is th e storefront for th e c lini c and the cast wa ll is th e exteri or of th e b uildin g.
Imm edi ate neighbor s to t he s trip cent er a re oth e r co mm erc ia l uses to the so uth , east a nd wes t. To the
no rth and north eas t is so me multi -fa mily t"es id enti a l and beyond th at is so me s in g le fa mil y re s id enti al
within 3 00 fee t. Ample pa rkin g is provi ded for th e e nt ire sho ppin g cent er. Co nst ru cti on o n the prop erty
wo uld be limit ed to an in te ri or bu ild ou t and new s ignage . The interior build out will attempt to lirn it
noise by strategica ll y locat in g cages, us in g in sulated s lidin g glass doo rs and fl oo r to cei ling so und
proofi ng in th e wa lls . The app li ca nt, in co njun cti o n with th e propc1ty ow ner, has ag reed to place waste
ba gs and ba sket s outside th e unit fo r cu sto mers use. The applican l will mai ntain the waste bas ke ts whil e
a lso hos in g o ff s idewa lks as necessa ry.
At th e Jul y 2 1 sl Co mmunity Development Board meetin g, a pp rova l wa s reco mm end ed to th e C ity
Commi ssio n by a vo te of 6-0 with co nd iti ons th at 1 .) The ap pli ca nt ensures sa nit ary con diti o ns ou ts ide
th eir unit by installing and mai nta inin g pet wa ste stati ons in adjacent landscape areas and in stalling an
exte ri or hose to c lean IHtrd sur face s; an d 2 .) T he app li ca nt in sta ll s so und proofi ng in wa ll s adj oinin g
neig hb o rin g unit s.
BUDGET: None.
RECOMMENDATION; Approve th e Use-By-Exception 15-UI3EX-1043 with co nditi ons th at; 1.)
The app li ca nt e ns ure sa nitary co nditi ons outs id e th e ir unit by i11 stalling and maintaining pet was te stati ons
in adj acent landscape areas and in sta llin g an exterior hose to c lea n hard s urfaces; and 2.) T he applicant
in sta ll s so und proo fin g in wa ll s adj oin ing neighb o rin g unit s.
ATT ACIIMENTS: Co py of Com munity Develop me nt Board staff re po rt ; copy o f 15-
UI3GX-l 043 ap pli cat ion.
RE VIF:WED BY ClTY MANAGER: __ -r_·j3~.....·.....;;~-~--"-t"1~;1.'-=ct?....;'-'L=L=-----------
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM# 8C
AUGUST 10, 2015
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 15-UBEX-1043) to permit a veterinary
clinic within the Commercial General (CG) Zoning District and located at 725 Atlantic
Boulevard, Unit 1 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 district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby
residential uses.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 15-UBEX-1043) to permit a veterinary
clinic within the Commercial General (CG) Zoning District and located at 725 Atlantic
Boulevard, Unit 1 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 industrial uses, commercial uses and any
nearby residential uses.
Page 2 of 2
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~ t
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM# 9A
AUGUST 10, 2015
Yvonne Calverley, Executive Assistant to the City Manager
July 28, 2015~1'--
None
The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special note:
• Budget Workshops are scheduled for Wednesday, August 12th and
Monday, August 17th at 5 pm in the Commission Chamber.
• Town Hall Meeting tentatively scheduled for Saturday, October 3rd at
10 am in the Commission Chamber.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for August through October 2015
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (August through October
2015)
CITY MANAGER: ·--n U~-c:?~