8-24-15 Amended Agenda Packet 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
August 24, 2015 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Commission Meeting of August 10, 2015.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. Public Hearing- Request for a waiver from City Code Section 19-7 Driveway Limitations
to Allow a Circular Driveway at 800 Sherry.
B. Public Hearing- Use-by-exception 15-UBEX-1043 to permit a veterinary clinic within the
Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1.
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 Building Department Monthly Activity Report and Monthly
Financial Report for July 2015.
B. Extend the contract for one year at the current prices, term being August 27, 2015 to
August 26, 2016, to Moline Electric Motor & Machine, Inc. for City Bid No. 1112-08
Repair of Electrical Motors & Pumps.
C. Approve the 4th Amendment to the PCS agreement and authorize the City Manager to
execute the amendment.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 95-15-110, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDED INTERLOCAL COOPERATION AGREEMENT
WITH THE CITY OF JACKSONVILLE RELATING TO COMMUNITY DEVELOPMENT
BLOCK GRANTS (CDBG) AND THE HOME INVESTMENT PARTNERSHIP (HOME),
CLARIFYING RESTRICTIONS FOR THE TRANSFER OF CDBG AND HOME FUNDS;
PROVIDING AN EFFECTIVE DATE.
2
8. Miscellaneous Business (Discussion only)
A. Use-by-exception to permit on premises consumption of alcoholic beverages within the
Commercial General (CG) Zoning District at 28 Sherry Drive (15-UBEX 1042).
B. Request for a Height Waiver at 1089 Atlantic Boulevard.
*C. Discussion on purchase of Bennett Property at 280 Camelia Street. (Woods)
9. City Manager
A. 90-Day Calendar (September through November 2015).
10. Reports and/or requests from City Commissioners and City Attorney
Adjourn
* Amended on 8/18/15 to add Item 8C.
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 participate in this meeting should contact the City Clerk by 5:00 PM, Friday, August 21, 2015.
IN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
August 10,2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson VanLiere
AGENDA ITEM #lA
AUGUST 24, 2015
Mayor Pro Tern Mark Beckenbach
Commissioner Jonathan Daugherty
Commissioner Jimmy Hill
Commissioner Maria Mark
City Attorney Richard Komando
Call to Order/Pledge:
City Clerk Donna L. Bmile
Recording Secretary Nancy E. Bailey
Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave 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 27, 2015.
B. Approve the Minutes of the Town Hall Meeting of July 20, 2015.
Mayor Woods asked if there were any coiTections to the above minutes. There were no colTections, so Mayor
Woods stated the minutes will stand as submitted.
2. Courtesy of Floor to Visitors
Mayor Woods opened the Comiesy of the Floor to Visitors. She welcomed the audience and explained the
process for public comments.
Chris Jorgensen, 92 W. 3rd St., addressed the EPA stating they just poisoned a major river; stated he views
the City as a profit-making business; and addressed the grants and eligibility.
T.R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, stated he was here with Drew Frick,
Vice President and General Counsel for Gate. He stated Gate is not proposing to shut down Beach Diner. He
stated Gate bought the propetiy subject to a lease which they intend to honor. He stated there is a question
regarding the parking spaces required to be provided to Beach Diner, which they tried to resolve with Mr.
Adeeb but were unable to so they have asked a court to answer that question. He stated Gate stmied working
with the City of Atlantic Beach staff in January 2014 and were told in emails early last year that their
proposed use is a permitted use in the CG zoning district. He stated in September, Gate told City staff that
they needed a zoning confirmation letter in anticipation of its closing on the purchase of the property which
they received on October 2. He stated it was consistent with what staff had told Gate all along, that its
proposed use is permitted in the CG zoning district. Relying on those communications and specifically and
explicitly in reliance on the zoning confirmation letter provided by the City of Atlantic Beach, Gate has spent
more than $2 million toward the purchase and redevelopment of the property. He stated Gate's proposed use
is a permitted use under the CG district; Gate's use consists of a retail outlet for the sale of food and other
items and an automobile service station. He stated they are well aware of the Atlantic Beach Code's
definition of a service station and the Gate station will include the sale of automotive fuel, oil and accessories
and minor routine automotive servicing. He stated Gate cannot finalize its site plan until the question of the
Beach Diner parking is resolved. He stated once that question is resolved, Gate will submit its site plan and
August 10, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
AUGUST 24, 2015
Page 2
the details of its proposed use to City staff. He stated the proposed use will continue to comply with the CG
district and all other provisions of the Code.
Paul Eakin, 599 Atlantic Blvd., stated after hearing Mr. Hainline, he is glad that Gate is going to be
providing minor automotive service, but that does not make them an automotive service station here in
Atlantic Beach. He stated an automotive service station in Atlantic Beach, according to our codes, has to
provide minor automotive repair. He stated an automotive service station has to provide both service and
repair according to our code. He stated the minor automotive service is a defined term in our code and the
minor automotive repair is not. He stated what might encompass minor repair is the City of Jacksonville's
code. He stated since the City's Director of Zoning enjoys referring to the City of Jacksonville's Code he
brought it with him and read the definition from that code. He stated what is being proposed by Gate is no
more than a convenience store with the retail sale of fuel, which is clearly defined by our code in Atlantic
Beach as a use-by-exception; it is not an automotive service station and it is not a permitted use.
Sara Bess, 257 Belvedere St., stated she had a lease in the plaza they are going to tear down and she was
given a 30-day notice to leave. She stated she was not given her security deposit back and in having to leave
so fast she lost many customers; she is a hairdresser, and this has hurt her a lot.
Stan Jordan, 501 Atlantic Blvd., stated he admires and applauds the Commission's public service. He
stated in his opinion the City's existing ordinance stands and he doesn't believe they need to change anything.
He suggested they define the ordinance to City staff and if it is as is, he would hope that they would solicit
questions from them if there are any ambiguities as far as implementation. He stated as a policy body, it is
the Commission's responsibility to pass the policy; it is administration's responsibility to carry out the policy.
He stated it may need defining by the Commission or it may be in need of refining for clarification or better
definition. He stated this is a critical decision for their future. He stated the decision they make here will be
determined on judgment factors, which is why they are elected officials. He stated the Beach Diner needs
practical parking; you can't just carve out little cubicles and think it is adequate. He asked the audience here
in suppmt ofthe Beach Diner's position to stand.
Jessie Patel, 715 Atlantic Blvd., representing the Mobil Station, stated when they built in 2002 they were
told that would be the last station that would be permitted in Atlantic Beach. He stated if Gate comes in that
will be three gas stations within a 1!4 mile radius. He stated Atlantic Beach already has 1 0 stations; he doesn't
believe they need any more stations. He stated they are killing so many businesses that are in that strip, just
to bring one guy out.
Denise Rubin, 229 Pine Street, expressed concerns about the Gate station, including that it may be a 24-hour
station selling alcohol and cigarettes and that will increase crime. She further stated she wanted it to blend in
with the community instead of the bright red and white building.
No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors.
Item 8D was taken out of sequence and acted on at this time.
8D. Discussion of proposed development at 535 Atlantic Blvd.
Commissioner Mark stated she was concerned about the opinions that Gate has been given by our City staff
and it is her understanding that any opinions given to date from our City staff to Gate are really informal
opinions. She stated since Gate has not submitted any formal development plan or stmted the permitting
process that would involve, that any discussions whether email or oral would be an informal opinion. She
August 10, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
AUGUST 24,2015
Page3
stated whatever actions Gate has taken in trying to move this development forward is really on their own
desire. She stated she believes, based on Mr. Hainline's comments tonight, that it would be incumbent for the
City to provide something in writing stating that any of the correspondence or opinions given to date are
considered informal opinions. She stated until Gate actually submits a formal site plan or begins the process,
the City has not rendered any kind of formal opinion that Gate could rely on for whatever actions they have
taken in the past regarding this prope1iy. She stated the City still does not know what Gate is going to
propose and won't know until they actually do that.
Commissioner Hill called for a point of order about Commissioner Mark's request. He stated he would like
Commissioner Mark to state her relationship with a primary negotiator for Gate Petroleum for the public
record. Mayor Woods stated she doesn't know how that is a point of order. She stated if someone else on the
Commission wants to take his side, they can vote on whether it is a valid point of order. She stated it is not
debatable though. Commissioner Daughe1iy stated he believes, in a situation like this, they should disclose
any prior business they have had with anyone. Mayor Woods stated that may be something that needs to
happen but she doesn't believe it is a point of order. She asked for a vote on whether it is a point of order or
not. Commissioner Hill voted aye; all other Commissioners voted nay.
Commissioner Hill stated it appears that they are negotiating from the dais an issue that is not inside of their
scope yet, because no application has been given. He stated he believe the City Attorney was clear that until
an application is given they shouldn't be negotiating from the dais. He stated they aren't acting as
Commissioners yet and until a request has been made from the prope1iy owner they shouldn't be making
these behind the scenes maneuvers. Discussion ensued.
Commissioner Mark stated she did have discussions with the City Attorney about the legality of those
opinions that have been written and was told that they are all considered infmmal opinions until Gate actually
submits something that is a formal application or begins the pe1mitting process. She stated what she is asking
for is the confirmation that those are or have been information opinions so it protects the City as this proposed
development goes forward. She stated she doesn't believe it is fair to Gate for them to continue on under
misinformation as well. She stated she just wants that agreement that both pmiies have that understanding
and believes it needs to be in writing.
Commissioner Hill stated his concern is that the City Attorney made it more than clear to him that there is
still attorney on attorney negotiation, which is the normal mechanism for this and both sides are still talking
and we are not in it yet. He stated there is a process and tying our hands at this point in the process is
probably not good for our citizens and our taxpayers. Fmiher discussion ensued.
City Attorney Komando stated he is not aware of any legal authority that would allow a staff opinion to trump
what is in our Code. He stated he has expressed that to Mr. Eakin and to Mr. Hainline and Mr. Frick. He
stated until we receive a fmmal application and a formal request for permit, there is nothing to analyze on our
pmi as to what applicable code would govern that site plan.
Commissioner Daughe1iy agreed this is premature because we haven't received anything. He disclosed that
five years ago he worked for a company that negotiated a contract with Gate Petroleum, however, that
contract never was implemented.
Commissioner Mark stated she is not talking about what Gate is proposing, her concern is that she wants it
clear that whatever correspondence that has been exchanged between our City staff and Gate's representative
regarding anything to do with that property is all considered informal opinion. She stated as far as disclosure,
she believes the disclosure is if you have a conflict where you could possibly have some kind of personal or
AGENDA ITEM #lA
AUGUST 24, 2015
August 10,2015 REGULAR COMMISSION MEETING Page 4
financial gain if you have some kind of relationship with one of the pmiies, which is something that would be
disclosed at the time of a vote, or prior to a vote. She stated if that does apply to her in this particular case she
will ce1iainly be the first to make any disclosure.
Commissioner Hill stated the reason it bothers him is that it is so early and he is not sure why they are trying
to do all this maneuvering now. He stated they don't have an application in front of them. He stated they
have their opinions on what is best for the community and believes they all have similar beliefs on what they
would like to see in the community but that isn't the issue.
Mayor Woods recessed the meeting at 7: 12 pm. Mayor Woods reconvened the meeting at 7: 16 pm.
3. Unfinished Business from Previous Meetings
None.
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION
AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Public Works Monthly Project Repmi 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.
Mayor Woods read the Consent Agenda.
Motion: Approve Consent Agenda Items A and B as read.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
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.
August 10, 2015 REGULAR COMMISSION MEETING
Mayor Woods read the Resolution by title.
Mr. VanLiere explained the reasons for the Resolution.
Motion: Approve Resolution No. 15-07.
Moved by Mark, Seconded by Daugherty
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
7. Action on Ordinances
A. Ordinance No. 70-15-18, Public Hearing and Final Reading
AGENDA ITEM #lA
AUGUST 24, 2015
Page 5
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. She opened the Public Hearing. No one from the
audience spoke so she closed the Public Hearing.
Motion: Approve Ordinance No. 70-15-18 as read.
Moved by Mark, Seconded by Hill
City Manager VanLiere gave an overview of the Ordinance.
Votes:
Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. Grant Status Report by Langton Associates.
Michael Langton, President of Langton Associates, reported on the grant submittals in 2015, stating two are
still pending, as well as projects and grant programs they have identified to apply for later in 2015 and 2016.
He and Mr. Van Liere answered questions from the Commission. Discussion ensued. Commissioner Hill
brought up grants for Low Speed Vehicles and Mr. Langton stated he would like to meet with him on that.
B. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular
Driveway at 800 Sherry.
AGENDA ITEM #lA
AUGUST 24, 2015
August 10, 2015 REGULAR COMMISSION MEETING Page 6
Building and Zoning Director Jeremy Hubsch stated he was presenting this item for Doug Layton. He
summarized the waiver request stating Mr. Layton stated he had no reservations about the waiver.
Terry Brown, 800 Sherry Drive, applicant, explained the reasons for his request stating they believe getting
in and out of the driveway is a safety issue. He answered questions from the Commission.
Terry Gause, THG General Contractors, the contractor for the project, further explained the project.
It was the consensus of the Commission to move this forward to the next agenda for action.
Mr. Hubsch answered additional questions from the Commission.
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.
Mr. Hubsch summarized the use-by-exception, showing slides of the proposed site, the proposed plan, the
need for a use-by-exception, the concems, the Community Development Board's recommended conditions,
and the actions to be taken. He stated Dr. Green, the applicant, was available for questions.
Dr. John Green, 519 Atlantic Blvd., further explained his request and answered questions from the
Commission.
It was the consensus of the Commission to move this forward to the next agenda for action.
D. Discussion of proposed development at 535 Atlantic Blvd.
This item was taken out of sequence and acted on earlier in the meeting.
9. City Manager
A. City Manager's Rep mi.
• 90-Day Calendar (August through October 2015)
Mr. VanLiere repmied the first budget workshop is this Wednesday at 5:00 in the Chamber.
He repmied the Police Union negotiation meeting was held today and he will need to get with each of the
Commissioners to discuss what they came up with to see if they are agreeable to it.
He distributed a report that Chief Deal prepared on pedestrian and bicycle accidents/fatalities since 2009.
Stated the Florida Recreation Development Assistance Program grant Mr. Langton referred to that he wants
to send out this Friday is for the basketball court lights, sod and inigation. He stated it has no City match.
He asked for consensus that it is okay for Mr. Langton to file this. It was a unanimous consensus to move
forward with filing the application for the grant.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Beckenbach
• Will not be here for the August 24 Commission meeting.
August I 0, 2015 REGULAR COMMISSION MEETING
Commissioner Daugherty
AGENDA ITEM #lA
AUGUST 24, 2015
Page 7
• Reported that Rose Park and the Dog Park are getting a lot of use and he would like to have the grassy
area that is used for parking paved.
Commissioner Mark
• Will be in Orlando this Thursday, Friday, and Saturday for the Florida League of Cities Annual
Conference.
City Attorney Komando
• Distributed a Community Development Block Grant (CDBG) Interlocal Cooperation Agreement
between the City of Jacksonville and the City of Atlantic Beach to the Commissioners before the
meeting, stating it is a strike through and underlined amendment that is required to be updated by the
US HUD. He stated they just provided a notice that requires all local governments to update their
agreements. He stated the modification to this agreement is a restriction that disallows local
governments from taking that CDBG and disbursing it among other municipalities and governments.
He stated the City of Jacksonville is under a tight deadline that they have to comply with for Federal
regulations and he asked that it be put on the next meeting as an Ordinance for first reading.
• He stated Commissioner Mark provided him with a copy of an email from Ms. Gay related to the
dangerous dog issue. He stated Ms. Gay filed an appeal of her dangerous dog determination hearing
which was unusual because she won the hearing. He stated he has been working with our special
magistrate who is preparing the written document that will be filed in court in response to the appeal
and will keep the Commission updated.
Mayor Woods stated we do receive some CDBG money from Jacksonville and asked if this affects that
agreement/relationship. Mr. Komando stated it doesn't affect the money we receive but it would restrict us
from giving the money away. It was the unanimous consensus to put the Ordinance on the next meeting for
first reading.
Mayor Woods
• Stated they are issuing a lot of variances for circular driveways and believes they should revisit the
code related to that.
• Suggested that they consider striping Main Street for bicycles and pedestrians so there is a clear
delineation for the traffic patterns.
• Related to the Salt Air subdivision's project, she suggested a Phase 2 to pipe in the ditches.
Adjournment
There being no further business to come before the Commission, Mayor Woods declared the meeting
adjourned at 8:03 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for a waiver from City Code Section 19-7 Driveway
Limita t ion s to A ll ow a Circular Driveway at 800 Sherry Drive
SUBMITTED BY: Douglas E . Layton, PE, PWLF
Public Works Director
DATE: 7 /13/15
AGENDA I TEM #3A
AUGUST 24,2015
BACKGROUND: Applicant has requested a new driveway at 800 Sherry Drive with a
circular driveway. The lot frontage is 75 feet. All other sections of
the code appear to ha ve been met by the application .
BUDGET:
City Code Section 19-7: Construction of driveways in rights-of way
contains the following requirement:
(f)" ... , and circular drives sha ll only be perm itted on lots having at
least one hundred-foot frontage."
No budget consideration
RECOMMENDATION: Consider approval of requested waiver to City Code Section
19-7 requirements for this location .
ATTACHMENTS: 1. Waiver Application for 800 Sherry Drive
2. Lette r 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: --7?-va.-. ~
Nel son VanLiere, City Manager
Telephone: (904) 861-5122
City of Atlantic Beach
Re: 800 Sherry Drive
To Whom It May Concern:
TIMOTHY J. ANDERSON, Esquire
824 Sherry Drive
Atlantic Beach, FL 32233
AGENDA ITEM #3A
AUGUST 24, 2015
Email: !anderson @bottanderson.com
July 12, 2015
I have been advised that you will be taking up a permitting request for a circular driveway at 800
Sherry Drive the evening of July 13, 2015. As the owner/occupant of 824 Sherry Drive, I fully
understand the desire for such a driveway. Backing out onto Sherry at all times of the day is
downright dangerous. I believe having a circular drive may very well help alleviate this problem for
our new neighbors.
With regards and best wishes, I remain
Sincerely,
---------,~--=--------~
Tim Anderson
AGENDA ITE M #3A
AUGUST 24, 20 15
• Sec. 19-7.-C o nstruction or drivcwnys in r ig hts-of-way.
T he co ns tru cti on o f n new dri vew ay in th e ci ty's ri ght -of-wny, nr the modi li cat io n o f an ex ist ing
drivewa y in u right-of'-wuy. s hu II require a co nstr uct io n penni! wi thin cit y right s-of-way a nd casement s. Said
permit shull be i ss u~.:d su~j cc t to th e fo ll ow ing requ irements :
(a)
(h)
(c)
(d)
(c)
(I)
(g)
(h )
T he proposed dri vew :t y s ha ll ntll creat e more tha n lilly (5 0) pe rcent imp erv ious <Jrcu wi thin the right -or.
way.
1\ny pcnu it is~ucd sha ll ben revo~:ablc encronc hmcnl permit if'Hn y non sta ndard d rivew ay mat erial~
(i.e .. pavers) arc in sta ll ed in the rig h t -ol~wny. If th e city is rcquin.:d to do an y uti lit y or oth c• work
or rc puirs in a right -o l'-w uy whit:h duma ges s uc h no ns tun ch1rd material s. the ho meow ner s ha ll he
res ponsib le lor repair s nc cessn ry to tlu.: matcrinl s.
1\ny co nstru ction within the c it y's rig hl s-of-wny s hull notud vc rscl y nffect or restrict puhl ic rarkin g in
the rig ltts-of-wn y.
No park ing aprons shall he allowed in the city's ri g hts-ol'-wny a lo ng a rt erial (t hrough) s treets li s ted in
c it y Code subsection 'I I (h).
An y improve ment s in th e c it y's ri gh ts-of-wa y tha t arc 11 ut parl o l' a dri veway m s id ewa lk sha ll be
cons tru cted or turf' bl ock ()f o ther pervious matcrin l.
Ma x imum driveway wid th at the pro perl y line a nd th rough the right-of'-wuy shu II he tw e nt y (20 ) tl:ct.
Maxi mum tlrivewa y wid th for c irc ulnr drives s hall be twelve ( 12) l'cct, and ci rculnr dri ves s hnll
only be pcnnittcd on lot s havin g at le as t one hundred-loo t fronta ge.
Maxi mum driveway width nt th e propert y line and thro~•gh the nght-o f-wny fo r duplexes 0 11 n lifi y-l'oot
lot s hall bc a co m bi ned width for both dri veways o f twe nt y-four (24) feet
Driv~ways that c ro!>s s itk:wa lks. C ity s idewa lk s ma y not be rep laced wi th vther rnntc ri nl s, hut mu s t be
replaced with smoo th conc ret e lcf1natural in co lor so that it ma tc hes th e existing and :1d.ioinin g
s idewalks.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF IillPORT
AGENDA ITEM 1138
AUGUST 24, 20 l 5
AGENDA ITEM: Public Hearing on request fo r usc by excep tion ( 15-U BEX·I 043 t o
permit a veterin ary c linic w ithin th e Commercia l General (CG) Zoning
Distric t a t 725 Atl antic B oul eva rd , Unit I .
SUBMITTED BY: Derek W. Reeve s /A: 4'91
Planner r
DATE: July 24 ,2015
STRATEGIC PLAN LrNK: None
BACKGROUND: The applicant i s Dr. John Gr een, the owner a nd operator of an existin g veterinary
c l inic at 5 19 Atlantic Boulevard in At ll'l nlie Beach. Serv ices cover a ll thin gs hea l thca re fo r ho use ho ld
pets, but do no t o ffer over night or lo ng te rm boa rding of an imal s. T he applicant i s req uired to obtain a
Use-By-Excep t ion per Sec tion 24-lll (c)(2), w hich sta tes one is ne eded for, "veterin::try c linics" within
the Comm erci al Gene ral zoning d i strict. A U se-B y -Exception is r equired for these ty pes of uses beca use
th ey ca n potentially produce noises or odors that affect nearby prop erties.
The site is loca ted at the end of a n existing commercial strip ce nter within the Commerci a l Gener a l
zoning d i strict. Within the strip center t here is a nail and spa place to the west and war eho use uses to th e
north. The south sid e is the st or e fro nt for the c linic and the east wall i s th e ext erior of th e bu ilding.
lmmediate nei ghb o rs to the strip center are other commercia l uses lo the so uth , ca st and west. T o th e
north and north east is some multi-family r es idential and bey o nd that is so me s ing l e family residenti al
w ithin 300 feet. Ample parking i s provided f o r th e entire shopping center. Construction o n the property
would be limited l oan interio r build out and new sig nagc. T he i nteri or bui ld o ut will aLtcmp t to limit
no i se by strategica lly l oca ting cages, using insulated slid ing g la ss door s and n oor to cei l ing so und
pro ofin g i n th e wall s. The app l iuH nt, in conjuncti on w ith the propei'ly owner, has Rg ree d to p la ce was te
ba gs and ba skets o utsi de the unit fo r c usto 1n c rs usu. T he app lica nt w ill maintain t he w ast e ba skets w hile
a lso hos ing o ff sidewa lks as necessary.
At the July 2 1st Community D evel opment 13 oa rd mcctir\g, approva l w as r ecommend ed to th e C ity
Commiss ion by a vote of 6-0 with co ndi ti ons that 1.) The app l icant en sures sa nita1y cond itio ns outside
their un i t by installing and m aintaining p et waste stati ons in adjacent landscape area s and installing an
exterior hose to c lea n ha rd surfaces; and 2.) T he appl ica nt install s sound p roo ling in w alls adjoining
nei ghboring uni ts.
BUDGET: None.
RECOMMENDATION: Approve the U se-By-Exception 15-U B EX-1043 w ith conditions th at; 1.)
The applicant ensure sa nitary co nd itio ns o utside their un it by in:o tall ing Hnclmainta ining pe t waste st ation s
in acljace nt landsc ap e areas and installing an exterior hose to clea n hard smf:1 ccs; and 2.) The app l i cant
installs so und proofing in wal ls adj o ining neig hboring units.
ATTACHMENTS: Copy o f Community Devel opm ent Bo ard st a ff repo rt ; co py o f 15-
UBEX-1 04 3 application.
REVIEWED BY C lTY MANAGER: __ --?_,Jt:-. • ...::.0.-:.£t:-.t-=-....,.:......~~_....,-==ce:::::..'A..;::,-=~~---------
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM #3B
AUGUST 24, 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.
Page2of2
BUILDING DEPT. MONTHLY ACTIVITY REPORT
1-----------------~---·-···----------·--·--------------~---·----------------------
COMPARISON REPORT
--~---------------·--··-··--------.. ----------~--------------·-
REPORT FOR THE MONTH JULY 2015
-----------------·-------cc=-=o=-=M-=-=P=-=A=-=R=Is=-=o~N-:-2=-=0--:-14-:----2=-=0--:-15=------------------~-------------
PERMIT TYPE --____ ,NUMBEROFPERMITS L I ·-------------------~
TOTAL INSPECTIONS
YTD 2014 YTD 2015 YTD 2014 YTD 2015 YTD 2014 YTD 2015
1411 62 'I -------·-··1 $$_ . -----5,397,~41 I $$ _12,209,575 I
-7 81,900 '
-23_!_·--~----~: ; $ -~ 3,573,858 , $ . --2,45o,o79 1
-11--.5873]_01 ~-·~-92~ I I~ !:~~~:~~~ t m1-'-.;-=-=~=-=-~---=:~-=-~o-=-5+--~------------
~ 1,1~!l_____ , $ 15,9~2_!~_~_1t$ 17,043,299 It-' -----::2-=,9-=-42=-~l-_-___ -___ -__ -::-3,-=-46::-:o,...-l
-f----~------
--
1-------1
SINGLE FAMILY l
1-D_U_P--:-LE_X_c-------c~-c--------L
REMODEL/ADDITIONS I
COMMERCIAL NEW I
OTHER
__________ "fofP.d
PERMITS ISSUED FOR THE MONTH OF JULY 2015
------------· -·-·
NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
~-=:-=--=-~-=-=~=-=-g=~-:~~LFn=~-=~:F ~:\:~~N~::-cs-c-C:H~~~~~----------c~=-__ -------i-1 :c-------·~1-c:.~5--_~~6!9 __ --_--_l-~-r_·_-__ -____ -----+-l :=--. ---~ 4.~m~t ~~~~~~;~AL ~-_---=3:6=-=-~~~-----~~
~~~~~~~~'L~~T!RA"fiONS. 1
20
1 _________
1
._ ~$ I
1
~ __ ___ 111,0~7----.~~~ANICAL , ___ --~~-----
~g~~~:~::t:_~ __ T __ ~E-~_h __ ~ __ o_ ~~~Ns I ---3,3~0 I $ --71 ooo L .I
PERMITS MISC -I 1°3 I~ 1,025•1 II 11:2~l?-TOTAL, --658
~'E~~~T;,:-._ GAS ~ I i 6 ·~~ -1! 1,~01 ---I -..
~c.r~~~~~AL HVAC _
1
_ _6,081 I r . __ . ~~~;~~DOOR c . ~~ u li _______ t!;~~ J _ 168,5;8 SURCHARGE COL~ECTED: _ --=
MMOLITION -f-----0 j $~----l~ -20~L1,480.62 j-----=~-
~f~~~:!~~~~%~~~~TIONS
1
~ . $ _ :-l-$ ~--r~-~E REMOVALS:
1
-=
SIGNS --t·----__ __ _ _____ -__ -
8
1 __ -_u [ $ 79
1
-I~ 9,482, ~.~Inches Removed: j-79
~~;~AYS/ROW ---~ r! !:~ r : -~ ~~:: :~~==~= 1 ~= SIDI~~ ,_ ----=----r------____ --'--:c----~---==---__ --:_~-=-Q~-=-f=---_ ... -r-$ 28,ooo jlnches Planted: 1 1 o ~ ~
£'()Q_L________ _ 0 ----------t-f------__ _____ _ _____ $ -_Paid in Mitigation----~ $1,4~~.00 _ C':l@
TOTAL: ---2f5-_
1
L___ 10~_ _ rl___ _5271l,7_~9 ! --==~ ~---====-~ i
S=~~:
Ul.j:o
>
AGENDA ITEM# 4A
City of Atlantic Beach AUGUST 24, 2015
FINANCIAL REPORT
July 2015
Cash Balances
Prior Current Dollar Percent
Fund(s) 06/30/15 07/31/15 Change Change
General $ 8,101,080 $ 7,967,494 $ (133,586) -1.65%
Tree Replacement 18,606 19,001 396 2.13%
Convention Development Tax 77,141 95,643 18,502 23.98%
Local Option Gas Tax 94,383 118,586 24,203 25.64%
Better Jax 1/2 Cent Sales Tax 641,396 646,049 4,653 0.73%
Police Training, Forfeiture, Grants, etc. 142,131 135,829 (6,302) -4.43%
Capital Projects 3,058,407 3,042,939 (15,469) -0.51%
Utility 5,316,563 5,661,761 345,197 6.49%
Sanitation 412,293 391,306 (20,987) -5.09%
Building Code Enforcement 373,171 395,106 21,935 5.88%
Storm Water 1,780,115 1,782,024 1,908 0.11%
Pension -Police 6,646 4,730 (1 ,916) 0.00%
Pension -General 73,991 73,857 (134} -0.18%
Total $ 20,095,924 $ 20,334,323 $ 238,399 1.19%
Total Restricted Cash 7,064,556
Total Unrestricted Cash $13,269,767
Cash and Investments
Annual Prior Current Dollar Percent
Account Yield 06/30/15 07/31/15 Change Change
Bank of America-Depository $ 4,219,080 $ 4,416,740 $ 197,660 4.68%
Alliance Limited Duration High Income A 2.94% 1,213,712 1,213,884 171 0.01%
Delaware Diversified Inc. 2.79% 2,490,326 2,500,365 10,039 0.00%
Guggenheim Floating Rate Strategies Fund 4.06% 4,199,316 4,203,200 3,884 100.00%
lnvesco Floating Rate A 4.35% 747,417 746,351 (1,066) -0.14%
Voya Floating Rate 4.01% 3,023,124 4,206,066 1,182,942 0.00%
Hartford Floating Rate Bond A 4.17% 4,198,050 (4, 198,050) -100.00%
Lord Abbett St Duration Inc A 2.50% 3,019,298 3,019,298 #DIV/0!
MSSB Money MarkeUCash 2,462 2,462 0.00%
SBA-Florida Prime 334 22,808 22,473 6723.76%
Cash on Hand 3,150 3,150 0.00%
Subtotal $ 20,096,971 $ 20,334,323 $ 237,351 1.18%
Police Pension Investments $ 8,971,154 $ 9,135,163 $ 164,009 1.83%
General Pension Investments 16,110,222 16,398,657 288,434 1.79%
Subtotal $ 25,081,376 $ 25,533,820 $ 452,443 1.80%
Total $ 45,178,347 $ 45,868,142 $ 689,795 1.53%
* Denotes the 30 day SEC Yield Anualized
City of Atlantic Beach
FINANCIAL REPORT
July 2015
AGENDA ITEM# 4A
AUGUST 24, 2015
Revenues
Annual YTD YTD Dollar
Fund I (Footnote) Estimate Estimate Actual Variance
General $ 11,335,175 $ 9,444,685 $ 10,075,082 $ 630,397
Convention Development Tax 88,300 73,570 107,841 34,271
Local Option Gas Tax 435,909 363,250 371,402 8,152
Better Jax 1/2 Ct Sales Tax 714,864 595,710 633,856 38,146
Police Training, Forfeiture & Grants 99,954 82,945 67,337 (15,608)
Grants 91,386 76,150 -(76, 150)
Capital Projects 230,000 191,650 139,383 (52,267)
Utility 8,303,752 6,919,710 7,202,792 283,082
Sanitation 2,123,709 1,742,844 1 ,853,141 110,297
Building Code Enforcement 446,000 371,640 382,531 10,891
Storm Water 1 '135,500 946,240 943,882 (2,358)
Pension -Police 1,440,505 1,200,400 1,396,696 196,296
Pension -General 2,127,619 1,773,000 2,457,153 684,153
Total $ 28,572,673 $ 23,781,794 $ 25,631,096 $ 1,849,302
Analysis of Major Variances
In general, the major variances are created when the actual funds received-to-date are
different from the percentage of the budget elapsed-to-date. Highlighted variance explanations
follow:
General Fund has a positive variance of $630,397. Most of the variance is due to the
timing of receipt of ad valorem taxes, the majority of which are received in late November
and December.
Utility Fund has a positive variance of $283,082. The positive variance is a result of
receiving grant reimbursement in current year for prior year expenditures.
Pension Funds reflect significant, year to date positive variances due to the increased
value of investments, $196,296 for Police Officers and $684,153 for General Employees.
Percent
Variance
6.67%
46.58%
2.24%
6.40%
-18.82%
-100.00%
-27.27%
4.09%
6.33%
2.93%
-0.25%
16.35%
38.59%
7.78%
AGENDA ITEM # 4A
City of Atlantic Beach AUGUST 24, 2015
FINANCIAL REPORT
July 2015
Expenses
Annual YTD YTD Dollar
Department Estimate Estimate Actual Variance
Governing Body $ 41,665 $ 34,680 $ 32,630 $ 2,050
City Administration 2,691,488 2,242,520 1,893,117 349,403
General Government 965,031 777,164 474,848 302,316
Planning and Building 493,820 411,340 380,361 30,979
Public Safety 8,440,668 7,033,005 4,458,676 2,574,329
Recreation and Special Events 364,353 303,519 285,931 17,588
Public Works 8,328,143 6,946,589 5,105,652 1,840,937
Public Utilities 9,263,936 8,042,602 6,640,848 1,401,754
Pension -Police 753,119 627,540 516,419 111,121
Pension -General 957,880 798,200 903,947 (105,747}
Total $ 32,300,103 27,217,159 20,692,429 $6,524,730
Annual YTD YTD Dollar
Resource Allocation Estimate Estimate Actual Variance
Personnel Services $ 9,714,030 $ 8,108,903 $ 7,481,682 $ 627,221
Operating Expenses 11,681,491 9,661,381 8,558,292 1,103,089
Capital Outlay 7,364,734 6,139,288 1,442,087 4,697,201
Debt Service 2,152,818 2,151,893 2,050,465 101,428
Grants and Aids 38,820 32,224 36,395 (4,171)
Transfers 1,348,210 1,123,470 1 '123,508 (38}
Total $ 32,300,103 $ 27,217,159 $ 20,692,429 $ 6,524,730
Analysis of Major Variances
In general, the major variances are a result of timing differences created between the percentage of budget
elapsed-to-date and actual expenditures. Highlighted variance explanations follow:
Public Safety reflected a $2,574,329 positive variance due primarily to the timing of capital expenditures
related to the new Public Safety building.
Public Works had a positive variance of $1,840,937. Most of the variance is the result of project activity
budgeted that has not been started/completed-see Project Activity Schedule.
Public Utilities had a positive variance of $1,401,754. Most of the variance is the result of project activity
budgeted that has not been started/completed-see Project Activity Schedule.
Capital Outlay had a positive variance of $4,697,201. Most of the capital and project expenditures occur
in the middle to latter part of the fiscal year.
Percent
Variance
5.91%
15.58%
38.90%
7.53%
36.60%
5.79%
26.50%
17.43%
17.71%
-13.25%
23.97%
Percent
Variance
7.73%
11.42%
76.51%
4.71%
-12.94%
0.00%
23.97%
AGENDA ITEM# 4A
City of Atlantic Beach AUGUST 24, 2015
FINANCIAL REPORT
July 2015
Project Activity-Current Year Activity Only
Project YTD YTD
Project Name Number Budget Actual Encumbrances Balance Status
Public Safety:
Design & Construct New Police Building PS1501 2,600,000 38,318 155,637 2.406,045 E
$ 2,600,000 $ 38,318 $ 155,637 $ 2.406,045
Public Utilities:
Reclaim Water Facility PU0805 135,399 133,686 1,713 c
PT Repair at Lift Station C PU1306 6,500 6,500 c
lnline Valve Installation PU1404 36,515 19,651 16,355 509 I
Effluent Outfall Replacement PU1408 11,625 11,624 1 I
Effluent Pump at WWTP PU1409 14,478 14.478 0 I
Connect A 1 A at Mallard Cove PU1410 126,662 6,024 86,331 34,306 I
Well Logging -6 Wells PU1501 s
Update Models PU1502 48,000 11,838 35,191 971 E
Replace WM on Seminole Rd 5-Way to Atlantic Blvd PU1503 700,000 700,000 E
Replace Effluent Outfall Line -Sherman Point (Cost Share) PU1504 320,000 320,000 I
Lining of We !well at Mimosa Cove Lift Station PU1505 19,505 5,550 13,954 1 c
Lining of Wetwell at Fairway Villas Lift Station PU1506 20,341 6,200 14,141 0 c
Clean and Televise Effluent Gravity Outfall to ICW PU1507 15,218 15,218 I
Fence/Wall at WWTP PU1508 80,000 80,000 s
Replace Irrigation System With Reuse System PU1509 20,000 7,023 1,540 11,437 s
Subtotal $ 1,554,243 $ 210,950 $ 194,355 $ 1,148,938
Parks Maintenance:
Rose Park Development PM1302 5,276 5,293 (17) c
Russell Park Tennis Courts 1-2 PM1401 98,136 98,136 0 c
Electric Gate at Dutton Island Park PM1404 4,466 4,272 194 c
Russell Park Renovation PM1501 250,000 5,442 59,092 185,466 A
Howell Park Parking Lot Improve mens PM1502 15,000 15,000 s
Donner Park Playground Lights PM1503 10,000 10,000 s
Bull Park Playground Equipment & Swing PM1504 75,000 74,300 649 51 c
Dutton Island Road Improvements PM1505 23,500 23,500 s
Marsh Project Pedestrian Path PW1408 97,220 40,716 56,504 0 E
March Overlook & Kayak Launch PW1409 311,500 152,826 (121,621) 280,295 B
Subtotal $ 890,098 $ 380,986 $ (5,377) $ 514,489
Public Works:
Robert Street Ditch PW1404 14,213 14,213 c
Salt Air/Sturdivant Drainage and Sidewalk lmprovmts PW1406 132,700 44,753 87,947 N
Seminole Streetscape PW1407 316,660 39,685 26,973 250,002 E
Saltair Drainage Improvements PW1411 250,000 86,066 163,934 I
South End of Seminole Road Drainage CIP PW1412 650,000 650,000 E
Batting Cage Mat I Russell Park PW1416 10,966 10,966 c
Bike Racks & Street Lights PW1501 16,252 2,740 6,789 6,723 B
Francis Avenue Drainage Improvements (CDBG) PW1502 94,200 83,685 11,014 (499) I
Begonia Street W 6th toW 9th-Design Only PW1503 30,000 30,000 c
City Hall Parking Lot Lighting -Last Section PW1504 10,000 9,554 446 B
Subtotal $ 1,524,991 $ 267,895 $ 306,212 $ 950,884
Total $ 6,569,332 $ 898,149 $ 650,826 $ 5,020,357
Status Key
A-Bid/RFP Advertised I -Project In-progress
B -Bid Awarded N-Complete/Non-Capital
C -Project Completed R-Re-budget Next Fiscal Year OR Re-Evaluated
D-Design Completed S-Staff Researching
DE -Deferred X-Project Cancelled
E -Design Phase
AGENDA ITEM:
SU BMITTE D BY:
C I TY OF ATLANTIC BEACH
C ITY COMMISS ION MEETING
STAFF REPORT
Extens ion of Annual Contract tor C ity Bid No . II 1 2~08:
Repair of Electrical Motors & Pumps
Dou glas E. Layton , P.E.
Director of Public Work s
AG~NOA IT EM 11413
AUGUST 24,2015
DATE: Augus t 5, 20 15
BACKGROUND: T he Cit y of Atl antic Beach req uires the services of quali lied
tec hni cia ns to tro ubleshoot, rep air and insta ll electrica l motors,
pumps or other equipment. T he current contract tor th ese serv ices
und er Bid No. I 11 2~08 ex pires August 26, 20 15. Th e contractor,
Moline Electric Motor & Mac hin e, In c. has agreed to re new the
co ntract tbr the tirst of tw o possible rene wa ls at the current pri ces.
RECOMMENDATION: Extend the co ntra ct for one yea r at the current pri ces, tcnn bein g
August 27, 20 15 to A ug us t 26, 20 16.
BUDGET: A total of$75,000 was budgeted in FY1415 in th e water and sewer
funds under account numb ers:
ATTACHMENTS:
400-5502-533-3400 ($15,000)
4 10-5506-535-3400 ($40,000)
4 I 0-SSOR -535-3400 ($2 0,000)
Letter fro m Mo line Electric Motor & Machine, In c. agreeing to the
ex t ension of the contract.
...
A PPROVED BY C ITY MANAGER: ..._ a ~ .. o<2"" r1'
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 4C
AUGUST24,201S
AGENDA ITEM: Water Tower Communications Veri zon Contract Amendment 4
SUBMITTED BY: Douglas E. Layton, PE /c dlV\ f ~) /:?.~ t--
Public Works Director 4-Y L) v;-£.
DATE: 8/7/15
BACKGROUND: The City leases space on the elevated water tower at WTP #1
located at 469 11th Street to Verizon Wireless ( PCS ). This lease has
been in effect since 1995 and thru previous amendments remains current.
The City receives compensation for this lease with a 3% annual increase.
PCS is requesting permission to add additional equipment to the tower
under the terms of the lease.
BUDGET: The City currently receives approximately $30,000 per year from this
lease. Execution of this amendment will increase the yearly amount of the
lease by $4,800.
RECOMMENDATION: Approve the 4 1
h amendment to the PCS agreement and
authorize the City Manager to execute the amendment.
ATTACHED: Proposed amendment 4
REVIEWED BY: ~ ?/'a-, ;?'U:t...e
Site Name: Mayport Road
Site ID: I 00402
FOURTH AMENDMENT TO PCS SITE LEASE
AGENDA ITEM # 4C
AUGUST 24, 2015
This Fourth Amendment to PCS Site Lease (the "Amendment") is made this __ day of
_____ , 20I5, between City of Atlantic Beach (the "OWNER"), and Verizon Wireless Personal
Communications LP, a Delaware limited partnership d/b/a Verizon Wireless ("LESSEE").
WHEREAS, OWNER and LESSEE's predecessor-in-interest, PCS PrimeCo, L.P., a Delaware limited
partnership entered into a PCS Site Lease, dated November 9, 1995, as amended by that certain First Amendment to
PCS Site Lease dated February 24, 20Il, as amended by that certain Second Amendment to PCS Site Lease dated
August 31, 2012, as further amended by that certain Third Amendment to PCS Site Lease dated April I8, 20I4
(collectively the "Lease") for the lease of a portion of certain real property and a communications facility (the
"Site"), located at 469 ll 1h Street, Atlantic Beach, Duval County, Florida;
WHEREAS, OWNER and LESSEE desire to modify the Lease as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto stipulate and
agree as follows:
I. All capitalized terms in this Amendment, not otherwise defined herein, shall have the meaning
ascribed to them in the Lease.
2. In accordance with Attachment C of the Lease, LESSEE has sought and OWNER has given
written approval for the modification of LESSEE's equipment and frequencies at the Site.
3. In consideration of the OWNER's approval of LESSEE's modifications to its equipment and
frequencies, the current annual rent shall be increased by Four Thousand Eight Hundred and N0/100 Dollars
($4,800.00), partial years to be prorated, which increase shall commence based upon the date LESSEE commences
construction on the premises. In the event the date LESSEE commences construction on the leased premises falls
between the I 51 and 15u' of the month, the rent increase shall commence on the I 51 of that month and if the date
construction commences falls between the 16th and 31st of the month, then the rent increase shall commence on the
I '1 day of the following month (either the "Commencement Date"). OWNER and LESSEE agree that they shall
acknowledge in writing the Commencement Date.
Within thirty (30) days after a written acknowledgement confirming the Commencement Date has been
received by LESSEE, LESSEE will pay OWNER the rent increase for the remainder of the current lease year. By
way of illustration of the preceding sentence, if the Commencement Date is January I and the written
acknowledgement continuing the Commencement Date is dated January 14, LESSEE shall send to the OWNER the
rent increase payment by February 13.
4. Attachment "D" to the Lease is hereby deleted in its entirety and is replaced with Attachment "D-
1" attached hereto and incorporated herein. In the event of any inconsistency or discrepancy between the Lease and
Attachment "D-1 ",Attachment "D-1" attached hereto shall control.
5. All other terms of the Lease remain in full force and effect.
<Signature Page to Follow>
AGENDA ITEM# 4C
AUGUST 24,2015
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed pursuant to due
authority as of the day and year first written above.
ATTEST:
City Clerk
WITNESSES:
Print Name: _______ _
Print Name: _______ _
OWNER:
City of Atlantic Beach
By: _________ ---,-___ _
__________ ,City Manager
LESSEE:
Verizon Wireless Personal Communications LP,
a Delaware limited partnership d/b/a Verizon Wireless
By:
Name: Aparna Khuljekar
Title: Area Vice President Network
Date:
2
Number of Transmission Lines:
Diameter of Transmission Lines:
Location of Antenna(s) on Tower:
Frequencies:
ATTACHMENT "D-1"
Equipment List
Twenty-two (22) lines
1 5/8" diameter
119' RAD Center
AGENbA ITEM# 4C
AUGUST 24, 2015
Tx 1950-1965 Rx 1870-1885 MHz
Tx 698-798 Rx 698-798 MHz
Tx2110-2130 Rx 1710-1730MHz
Number of Antennas: Ten (10) Total: (6) AXP19-60-2; (3) CSS X7-FR0-660-4;
(1) CSS X7CQAP-665-VRO-IPB
3
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 95-15-110
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDED INTERLOCAL
COOPERATION AGREEMENT WITH THE CITY
OF JACKSONVILLE RELATING TO COMMUNITY
DEVELOPMENT BLOCK GRANTS (CDBG) AND
THE HOME INVESTMENT PARTNERSHIP
(HOME), CLARIFYING RESTRICTIONS FOR THE
TRANSFER OF CDBG AND HOME FUNDS;
PROVIDING AN EFFECTIVE DATE.
SUBMITTED BY: Nelson VanLiere, City Manager ~
DATE: August 11, 2015
AGENDA ITEM# 7A
AUGUST 24,2015
BACKGROUND: The City of Atlantic Beach has an interlocal agreement with the City of
Jacksonville for distribution of Community Development Block Grant
(CDBG) funds. Atlantic Beach receives a pro-rata share of the federal
grant money distributed to Duval County. The federal government
recently revised its CDBG guidelines, which requires an amendment to the
interlocal agreement. The primary change to the agreement is a stipulation
which prevents Atlantic Beach from selling, trading, or transferring its
CDBG funds to another entity. The City has not historically sold, traded,
or transferred its CDBG funds to another entity, and has no current plans
to do so. At this time, City staff has no objections to revising the interlocal
agreement.
BUDGET: None.
RECOMMENDATION: Approve ORDINANCE NO. 95-15-110 amending the Interlocal
Agreement for CDBG Funds
ATTACHMENTS: ORDINANCE NO. 95-15-110
Exhibit A -Community Development Block Grant Internal Cooperation
Agreement between the City of Jacksonville and the City of Atlantic
Beach
ORDINANCE NO. 95-15-110
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDED INTERLOCAL COOPERATION
AGREEMENT WITH THE CITY OF JACKSONVILLE
RELATING TO COMMUNITY DEVELOPMENT BLOCK
GRANTS (CDBG) AND THE HOME INVESTMENT
PARTNERSHIP (HOME), CLARIFYING RESTRICTIONS
FOR THE TRANSFER OF CDBG AND HOME FUNDS;
PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM# 7A
AUGUST 24, 2015
WHEREAS, on November 301h, 2000, the City of Jacksonville and the City of Atlantic
Beach entered into an Interlocal Cooperation Agreement relating to activities pursuant to
Community Development Block Grants (CDBG) and HOME Investment Partnership (HOME);
and
WHEREAS, due to revised regulations under the United States Housing and Urban
Development (HUD) CPD Notice 15-04, the City of Atlantic Beach and the City of Jacksonville
are required to review, update and amend the current Interlocal Cooperation Agreement to ensure
compliance with federal regulations; and
WHEREAS, it is the desire of the City of Atlantic Beach to continue an Interlocal
Cooperation Agreement with the City of Jacksonville, as amended, relating to CDBG and
HOME; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the
adoption of this ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Adoption and Incorporation of Recitals. The City Commission of the City
of Atlantic Beach, Florida adopts the recitals outlined above and incorporates them herein as a
part of this ordinance.
SECTION 2. Authorization. The Mayor is authorized to execute an Interlocal
Cooperation Agreement with the City of Jacksonville providing for activities relating to CDBG
and HOME, in substantially the form as contained in Exhibit A, attached hereto and incorporated
by reference.
AGENDA ITEM# 7A
AUGUST 24, 2015
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this 24th day of August, 2015.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commissioner this 14th day of September, 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to form and correctness:
RICHARD KOMANDO,
City Attorney
CAROLYN WOODS,
Mayor, Presiding Officer
COMMUNITY DEVELOPMENT BLOCK GRANT
INTERLOCAL COOPERATION AGREEMENT
AGENDA IT ~M # 7A
AUGUST 24,2015
BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH
THIS AGREEMENT is made and entered into the __ day of _____ _
~~ by and between the CITY OF ATLANTIC BnAGIIJACKSQN.'llLLE, a ~a
mun icipal corporation in.__Ou_val County (hereinafter referred to as "JACKSONVILLE"). and tile
CJIY OF ATLANTIC BEACH"), and the eonsolidated City/County ofJackson•,rille, a single body
politie ana eorporate, end a politieal subdivision of the State of~ Florida mugicig,g! .QQI:PO!ation
iO. Dwal.CQ.uolY (hereinafter referred to as "JACKSONV!LLEAUANIIC BEACH").
WITNESSETH
WHEREAS , the Housing and Community Development Act of 1974, as amended, and
the Urban Rural Recovery Act of 1983 make provisions whe reby urban counties may enter into
cooperation agreements with certa in units of local government to undertake or assist in
undertaking essential activities pursuant to Community Development Block Grants; and
WHEREAS, the Department of Veterans Affairs and Hou sing and Urban Development,
and Independ ent Agencies Appropriation Act, 2001 was enacted on October 27, 2000, of which
Secti on 217 of the Act provides for authority for the consolidated city/county government of
JACKSONVILLE to qualify as an urban co unty under the Community Deve lopment Block Grant
(CDBG) program; and
WHEREAS, this Agreement covers both the Community Development Block Grant
("CDBG") and the HOME Investment Partnership ("HOME") Programs; and
EXIIIBITA
AGENDA ITEM H 7A
AUGUST 24,2015
WHEREAS, it is the desire of the parties to this Agreement that JACKSONVILLE
undertake activities to plan and carry out the CDBG and the HOME Programs for the benefit of
the residents of Duval County; and
WHEREAS, interlocal agreements of this type are specifically authorized by Part 1,
Chapter 163, Flo rida Statutes, as well as other app licable law.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. RECITALS
The above recitals are true and correct and form a material part of this Agreement upon
which the parties have relied .
SECTION 2. COUNTY ADMINISTRATION
JACKSONVILLE agrees to provide, at no cost to ATLANTIC BEACH , the staff,
resources , and other services necessary to plan and administer CDBG and HOME Programs
upon the request of ATLANTIC BEACH.
SECTION 3. MUTUAL COOPERATION
JACKSONVILLE and ATLANTIC BEACH agree to cooperate to undertake 1 or assist in
undertaking, community renewal and lower income housing assistance activities , specifically
urban renewal and publicly assisted housing .
SECTION 4. PROJECTS FUNDED
(a) JACKSONVILLE agrees to faci litate, encourage and allow municipal officials and
the citizens of ATLANTIC BEACH to have the full and open opportunity to submit and implement
EXH JBITA
A GENOA I TEM# 7A
AUGUST 24, 2015
eligible projects which are in comp liance with the CDBG activities provided for in the
Consolidated Plan.
(b) ATLANTIC BEACH understands and agrees that JACKSONVILLE will have final
and ultimate responsibility for accepting activities to be funded through the CDBG and HOM E
Programs under the Consoli dated Plan a nd for ann ually filing the Consolidated Action P lan with
HUD .
SECTION 5. MUNIC IPALITY OBLIGATIONS
(a) ATLANTIC BEACH and JACKSONVILLE agree that, pursuant to the provision s
of Title 24, Code of Federa l Regulations , in cluding , but not limited to Section 570.501 (b),
ATLANTIC BEACH is subject to the same requirements applicable to
subreeipieAtS?ub-[e..cJpient§ including, but not limited to , the requi rement for a written agreement
set forth in Title 24, Code of Federal Regulations, Section 570.503.
(b) ATLANTIC BEACH may no t app ly for grants under the Small Cities or State
CDBG Programs from app ropria ti ons for fisca l years during the period in whi ch it is participating
in the urban county program.
(c) ATLANTIC BEACH may not participate in a HOME consortium except through the
urban county, regardless of whether the urban county receives a HOME formula allocation . By
participating in the urban cou nty program, ATLANT IC BEACH will also be participating in
JACKSONVILLE's HOME Program; however, thi s will not precl ude ATLANT IC BEACH from
applying for funding under the State of Florida's HOME Program .
(dl ATLA~8CJ:lmay_noLse1t trade oLot~lseJransfer all or aiJ.Y.AA,nion of
sucb funds to anotbeuuch metropolitan cilY • ...w:.Qan c~ unit of ge11era l local CLO~r:rLentn-OJ;
lilltian tribe o r insular areaJbat.directly or indirectly recelY_es CQBG funds i n exchange for any
EXHIBIT A
3
AGENDA ITEM 1171\
AUGUST 24, 2015
ottteLfunds. credits_ or oon-Fede_ral considemti.ons..Jw t must use s:UcbJunds for activi tLes. ejjglble
!Jllde.Uitle I of tbe Ac_L
SECTION 6. GRANT OF AUTHORITY AND TERM OF AGREEMENT
(a) This Agreement covers CDBG and HOME appropriations for fiscal years ~
~2015-2016_.2016-2017 . and ~2017-2018, starting October 1, ~2015. through
September 30, ~~ This Agreement remains in effect until the CDBG and HOME funds
and program income received with respect to funding for fiscal years 200 I , 2002 ,2.0J 5;4016..
20 16-2017. and ~2Qj 7-2018... and successive three ;year qualification periods, are
expended and the funded activities comp leted . JACKSONVILLE and ATLANTIC BEACH may
not terminate or withdraw from the Agreement while the Agreement remains in effect.
(b) This Agreement wil l automatically be renewed for participation in successive
three -year qualification periods, unless JACKSONVILLE or ATLANTIC BEACH provides written
notice it e lects not to participate in a new qualification period. JACKSONVILLE will notify
ATLANTIC BEACH in writing of its right to make such election by the date specified in the next
urban county qualification notice.
(c) Failure by either party to adopt an amendment to the Agreement incorporating all
changes necessary to meet the requirements for cooperation agreements set forth In the urban
county qualification notice applicable for a subsequent three-year urban qualification period, and
to submit the amendment to HUD as provided in the urban county qualification notice, will void
the automatic renewa l of such qualification period .
SECTION 7. PERFORMANCE OF SERVICES/CONTRACTS
EXHIBIT A
AGENOA ITEM 117A
AUGUST 24, 2015
(a) As to the use of the CDBG and HOME funds received by JACKSONVILLE,
JACKSONVILLE may either carry out the CDBG and HOME Programs for ATLANTIC BEACH
or, in the event that existing interlocal agreements provide for ATLANTIC BEACH to perform any
services in connection with the CDBG and HOME Programs, JACKSONVILLE will contract with
ATLANT IC BEACH for the performance of such services.
(b) Any contracts entered into pursuant to Section ?(a) above shall contain provisions
which obligate ATLANTIC BEACH to undertake all necessary actions to carry out the CDBG and
HOME Programs and the Consolidated Plan, where applicable, within a specified time f rame
and In accordance with the requ irements of Title I of the Housing and Development Act of 197 4 ,
as amended, and any and all other app li cable laws and implementing regulations .
(c) ATLANTIC BEACH agrees to und ertake and accomplish all necessary action to
carry out the CDBG and the HOME Programs , as provided for in the Consolidated Plan, and for
the purposes of complying with the law .
SECTION 8. APPLICABLE LAWS/COMPLIANCE
(a) ATLANTIC BEACH and JACKSONVILLE agree to take all requ ired actions to
co mply with JACKSONVILLE 's ce rtification required by Section 1 04(b) of Title I of the Housing
and Community Development Act of 1974, as amended , including but not limited to, Title VI of
the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and
Community Development Act of 197 4, The Americans with Disabilitie s Act of 1990 and all other
applicab le laws, rules and regulations . ATLANTIC BEACH agrees to comp ly with all auditing
requirements imposed by federal , state and local laws. rul es, regulations .
(b) ATLANTIC BEACH acknowledges and understands that noncompl ia nce by
ATLANT IC BEACH with all applicable provision of laws , rules or regulations may constitute
EXHIBIT A
AGENDA ITEM# 7A
AUGUST 24,2015
noncompliance by the entire urban county program, and JACKSONVILLE as the grantee, and
ATLANTIC BEACH assumes responsibil ity therefore.
SECTION 9. FAIR HOUSING
ATLANTIC BEACH acknowledges that JACKSONVILLE will prohibit urban county
funding for activities in or in support of ATLANTIC BEACH if ATLANTIC BEACH does not
affirmatively further fair housing within ATLANTIC BEACH 's jurisdiction and/or if ATLANTIC
BEACH impedes JACKSONVILLE's actions to comply with its fair housing certification .
SECTION 10. LAW ENFORCEMENT
ATLANTIC BEACH has adopted and is enforcing a policy prohibiting the use of excessive force
by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent
civil rights demonstrations . Furthermore, ATLANTIC BEACH ha s adopted and is enforcing a
policy of enforcing applicable state and local laws against physically barring entrance to or exit
from a facil ity or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction. In furtherance of this provision , specifically, and all other provisions of this
Agreement, generally, ATLANTIC BEACH agrees to indemnify and hold JACKSONVILLE
harmless to the fullest extent provided by law.
SECTION 11. STATUS OF MUNICIPAL ITY
Pursua nt to 24 CFR 570 .5 0(b), as well as other applicable law, ATLANTIC BEACH
agrees that it is , at a minimum , subject to the same requirements app licable to grantee
S\:lbreeipieAts.sub-recipie nts per CPD-00 -07 Section VIII.B .
EXHIBI T A
SECTION 12. REAL PROPERTY
AGENDA ITEM# 71\
AUGUST 24,2015
ATLANTIC BEACH and JACKSONVILLE agree with the following standards regarding
real property acquired or improved, in whole or in part, using the CDBG funds:
(a) ATLANTIC BEACH shall notify JACKSONVILLE, in a timely manner, of any
mod ification or change in the use of real property from that intended at the time of the acquisition
or improvement including disposition thereof.
(b) ATLANTIC BEACH shall reinvest any and all program income into activities
approved as eligible under the Consolidated Plan and shall include such activities in an
appropriate subreetpieRl ~ciRi!IDt agreement.
SECTION 13. PR IOR INTERLOCAL AGREEMENT
Nothing herein sha ll be interpreted as increasing or decreasing the disbursement of CDBG
funds to ATLANT IC BEACH as provided for in the existing 1998 Amendment to the 1982
lnterlocal Agreeme nt.
SECTION 14. EFFECTIVE DATE
This Agreement shall take effect upon the execution of the Agreement by the parties.
SECTION 15. COUNTERPARTS
This Agreement may be executed in counterparts each of which shall be deemed an
origina l.
EXH IBIT A
1
AGENDA I TEM# 7A
AUGUST 24, 20 15
[The remainder of this page was left blank intenti~nall¥ by the parties. Signature page
immediately follows...tb•s page.J
EXHIBI T A
8
AG ENDA ITEM# 7A
AUGUST 24,2015
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AGENDA ITEM:
SU 8MITTRD BY:
DATE:
STRATEGI C PLAN L I NK:
C ITY OF ATLANTIC BEACH
C ITY C OMMISSION MEETING
STAFF ImPORT
AGENDA ITEM ff SA
AUGUST 24,20 15
Use-by-exce pti on to permit on premises consu mption o f al coho l ic
beverages within th e Co 111m crc i al General (CG) Zoning D istric t at 28
Sherry Drive ( 15-U BEX I 042)
Jere my Hub sch, Bui l ding aud Zo ning Director tJJf
Aug ust G, 20 I S
No ne
BACKGROUND: Th e a pp lica n ts have recently acq uired the Pal ms Ho te l a t 28 Sh erry Drive . The
pro pe rty is zoned Commercia l Ge n e ral (CG) whi ch a llows hotels . Th ey intend to ma ke r e novation s
and co nv e rt it to a boutiqu e hotel. On e co mpo ne nt ofthei 1· renovation p la ns is to improve th e
inte rior co urtyard area and co nv ert it into an o utd oo r lounge, whe r e th ey pla n to se r ve beer a nd
wine to g ues ts. The curre nt co urtyard has ta bl es a nd is an a r ea where guests can co n ce iva bly drink
beer and wine they purchased off s ite. Th e ap pli ca nts wou ld like to be ab le t o serve beer and wine
as a se1·v ice t o guests. Re nd e rings of th eir proposed d esign ca n be found in the age nd a pac kage.
The appli ca nts a re required to ge t a use-by-e xce ption fo r a lco ho l s a les acco rding to Sectio ns 3-5
a nd 24-111 (c) (3). Sectio n 3-5 s tates, "T he sale of a ny alco ho li c bever ages fo r on-p r emise
con s u mpti o n, including beer1 w in e a nd li CJuor s ha ll be pro perl y li ce nse d by the City of Atl a nti c
Beach, and s hall be limited on ly to resta urants, cafes, b ars and private club s within co mm e r cial
gene ral zo nin g di stricts or t he ce n tral busi n ess di s tri c t in co mplian ce wi th ch apter 2 4 of t h e ci ty
code and s ubj ec t to <!pprova l of a use-by-exceptio n in accordance with section 24-63." Th e City
Co d e has seve ral reg u lation s s peci fi c t o alcohol sa les. Sec ti on 3-2 s tates that no sales or service s hall
occur between t he hours of 2:00a.m. and 7:00a.m. Sec tion 3-7 sta t es that bu s in esses t ha t se ll
a lco ho l s hall mainta in s uffici e nt light ing for safe ly purposes. Secti o n 3-8 states that alcoho l
co ns um ption ca n only occ ur in s id e e:1 bu il ding, within a rec rea tion a rea, or w it·hin an outdoor seatin g
o r d inin g area.
The Community Develop me nt Boa rd r eco mm ended approval of the use-by-except ion by a vo te o f 5·
0 a t the July 2 1 s• meeti ng, with th e co ndi t io ns t h at: 1 . Hours of sale b e stop peel at lOPM Sund ay-
Thurs d ay a nd llPM Fri day and Sa l urday. 2. The ma ximum number of people in t h e lo un ge area be
limited to t hi rty-five. 3. Thal sales be limited to beer a nd w in e only.
BUDGET: No ne.
RECOMMENDATION: Approve th e Usc-By -Exce pti on 15-UBEX-1 042 w ith condi tions that: 1.
Hours of sa le b e s topp ed at lOPM S undt~y -Thursd ay a nd llPM Friday a nd Saturday. 2 . Th e
maximum number of peo pl e in th e lou nge a r ea be limited to 35. 3. Th<~ts a l es be li mited to beer and
w i ne o nly .
ATTACHMENTS: Copy or Community Deve lopm ent Board staff report; co py or 15-
U 13 EX-I 042 app l ica li on.
REVIEWED BY C ITY MANAGER ~~·~~~------------
SUGGESTED ACTION TO RECOMMEND DENIAL
AGENDA ITEM #SA
AUGUST 24, 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-1042) to permit on-premises
consumption of alcoholic beverages within the Commercial General (CG) Zoning District and
located at 28 Sherry Drive 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 4 of 4
EXHIBIT A
AGENDA ITEM #8A
AUGUST 24, 2015
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
The ingress and egress to the property will remain as is. A new entry wall offset further to the west of the property will make parking and hotel entry
safer and more practical. It is proposed that the COAB continue the painted crosswalk in the proximity of our hotel entry/exit so that It continues to cross
Sherry drive and run into the sidewalk running easUwest on Ahern, further defining the pedestrian designated crossing to Sherry Drive vehicular traffic.
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
Parking and loading spaces will remain the same and within compliance. The Palms has parking agreements as well with Berkshire Hathaway and
the Presbyterian church for overflow guest parking and oversized vehicles.
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested.
Little to zero adverse Impacts are expected. Our courtyard at present is a common gathering place for guests and special events. Our lounge
concept essentially provides a covered area for our guests to relax.
4. Refuse, trash collection and service areas, with particular reference to items ( 1) and (2) above;
A new dumpster location on Sturdivant, adjacent to other area business dumpsters, streamlines the process and there is added safety by separating
the trash pick up area from guest parking.
5. Utilities, with reference to locations, availability and compatibility;
Utilities in present state are compatible and available for the lounge space.
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. The screening and buffering will remain the same as what is in place. To the south, there
is and will stay a wooden property fence. The back of our hotel meets the back of the property to the west (adjacent to Salt Air Motel.) To our North
is Sturdivant running East/West. To our East is Sherry Drive running North/South.
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.)
No new signs or advertising will be added to the property.
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
No change to use.
Other information you may wish to provide: This use-by-exception will allow us to offer an additional amenity to our guests and will
provide additional revenue for the business.
AGEN DA IT EM:
SUBM IT TED BY :
DATE :
C IT Y OF AT LAN TI C BEA CH
C ITY CO MMI SS fON MEETING
ST ArF REPO RT
I 089 At lanti c Bo u lev ard !I eig ht Wa iver
Je re my llu bsc h ~
Bu ildin g and Zo nin g Direc tor L-(-f(
Augus t 6, 201 5
AGEN DA ITEM # 8R
AUGUST 24,2015
!3A C KGROUND: The ap pli ca nt s, As hl a nd In ve s tme nt s inte nd to redeve lop th ei r ex istin g s torage facility
nt I 089 Atla nti c Bo ul evard . The red eve lo pm e nt in c lud es th e remo va l of three sto rage bui !din gs on th e
easte rn porti on o f th e pro pe rty and Lh e constructi o n of a new three s tory s to ra ge fac il ity. T he app li ca nt s
have s ubm illcd pl a ns to the C it y whi c h s ho w Lwo s mall areas of the propo sed s tru c ture th at ex ceed th e
C ity's 35 foo t hei g ht limit (sec att ached renderin gs). T hese areas ho use c lcvaLOr s ha lt s t~nd e leva to r
equipm e nt.
Sect ion 24-17 o flhe Land De ve lo pm e nt Co de sta tes , "he ight of buildin g s ha ll mea n th e ve rti cal d isla nce
fro 111 th e a ppli cab le beginnin g po int of meas urement to th e hi g hes t po int o f a buildin g's roo f s tru ctu re o r
pa rap e t, and a ny a tt ac hm e nt s th ere to, exc lu sive o f c himn eys". Accordin g to that de fi nitio n th e o nl y
po rt ion o f a stru c ture tha t staff ca n approve over 35 fe el ta ll is a c himn ey. ll owove r, th e co de and C ity
Ch ~rl c r all ows fo r a waiver to lh e he ig ht require ment s. Sect ion 59 of th e C it y C har te r state s, •'the C ity
co mmi ssion ma y app ro ve, pursuan t to Lh c npp lica blll sect ion of th e C it y's la nd deve lopm e nt regu lation s,
requ ests to exceed th e max imum buildin g hei g ht of thi rty-li ve (35) fee l for ex te ri or arc hitectur a l des ig n
c le ment s, exte ri or decks o r porc hes wi thi n no nre s id e nti al land use catego ri es as des ignated by th e futur e
la nd use mo p o f th e adopted co mpr e he nsive p la n, for nonres id ent ia l deve lo pm e nt." Secti on 24 -1 56 s tat es
exce ptio ns to th e 35 foot height limit , "sha ll exc lud e s ig na ge, storage s pa ce o r habitable space ns cl c li ned
by the f.'lo rida Buildin g Code." T he C it y's Bu il din g O ffi cia l cons id ers th e reque sted excep ti ons of the
he ig ht limit to be mec ha ni ca l in JHiturc a nd not s ignagc , storage , OJ' habitabl e s pace.
13U DG ET: No ne.
RE COMM I!NDAT ION : Co ns id e r ap prova l o f I 089 1\llanti c: Bo ul eva rd Heigh t Wa ive r
ATTA C HM ENTS : 108 9 Atl a nti c Bo ul eva rd Wai ve r App li ca ti o n, in c luding ex hibit s
'
REVI E WED BY C IT Y MANA GE R:~~~~----------
AGENDA ITEM #8B
AUGUST 24,2015
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Name: Randall Whitfield
MailingAddress: 7880 Gate Parkway, Jacksonville FL 32256
Phone: 9 0 4 -9 9 2 -9 0 0 0 Fax: 9 0 4-9 9 2-9 3 8 9 E-mail: randall j ax®yahoo. com --~~~~~~~------
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Lan~ Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please attach additional pages if needed.
We are requesting relief for the following item:
Allowance of an appurtenance which exceeds the maximum thirty-five
(35') height pursuant to LDR Section 24-10 (f) (2).
The building will replace an existing building and will greatly
improve the appearance of that area within Atlantic Beach. We
have made numerous improvements to the property and with this new
building, we will continue to make other improvements. The
proposed building has a maximum thirty-seven (37)' building height.
Article III -Zoning, Subsection 24-156 -Exceptions to height
limitations and Article XIV -Zoning, Section 59 states that the
City Commission may approve, requests to exceed the maximum
building height of thirty-five (35) feet for exterior architectural
design elements, exterior decks or porches within non-residential
land use categories. The subject property has a commercial land
use and a commercial zoning.
The majority of the proposed building meets the City's maximum
height requirement with the exception of two (2) small areas
(south & west sides)that house the elevator shafts and elevator
electrical equipment. "Appurtenances on Buildings", are usually
required to be placed above the roof level of a building and not
intended for human occupancy. These "non-habitable" spaces allow
for maintenance to occur and are located away from the front of
the building and will be difficult to from ground level.
We have worked diligently with the City on the architectural
appearance of the building. We will provide the most recent
approved elevations along with the requested roof plan and line
of sight perspective drawing.