8-24-15 Amended Agenda Packet #2CITY 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 1 0, 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
**A. RESOLUTION NO. 15-09
A RESOLUTION 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.
7. Action on Ordinances
**None.
1
A. Use-by-exception to permit on premises consumption of alcoholic beverages within the
C':Pmmercial 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.
**Amended on 8/20/15 to delete Ordinance No. 95-15-110 and to add Resolution No. 15-09.
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on tl>..e
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 5:00PM, Friday, August 21, 2015.
2
IN ATTENDANCE:
Mayor Carolyn Woods
MINUTES
REGULAR CITY COMMISSION MEETING
August 10, 2015
CITY HALL, 800 SEMINOLE ROAD
City Manager Nelson Van Liere
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. Bartle
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 ifthere were any conections to the above minutes. There were no conections, 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.
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 property 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 started 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
Page2
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 refening 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 support of the 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 10 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 stmied the pennitting
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 conespondence 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 property. She stated the City still does not know what Gate is going to
propose and won't kriow 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 Daugherty 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 Attomey 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 property owner they shouldn't be making
these behind the scenes maneuvers. Discussion ensued.
Commissioner Mark stated she did have discussions with the City Attomey about the legality of those
opinions that have been written and was told that they are all considered informal opinions until Gate actually
submits something that is a formal application or begins the permitting process. She stated what she is asking
for is the confi1mation that those are or have been infmmation 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 pmties have that understanding
and believes it needs to be in writing.
Commissioner Hill stated his concern is that the City Attomey made it more than clear to him that there is
still attorney on attomey negotiation, which is the nmmal 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. Fmther discussion ensued.
City Attomey 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 fmmal request for pennit, there is nothing to analyze on our
part as to what applicable code would govem that site plan.
Commissioner Daugherty 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 Petrolemn, however, that
contract never was implemented.
Commissioner Mark stated she is not talking about what Gate is proposing, her concem is that she wants it
clear that whatever conespondence 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 Page4
financial gain if you have some kind of relationship with one of the parties, 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 pmticular case she
will certainly 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 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.
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 Van Liere 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 Repmi 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. VanLiere 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, fmiher 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 concerns, 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 Report.
• 90-Day Calendar (August through October 2015)
Mr. VanLiere reported 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 repmi 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 comi 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
e Will not be here for the August 24 Commission meeting.
August 10, 2015 REGULAR COMMISSION MEETING
Commissioner Daugherty
AGENDA ITEM #lA
AUGUST 24, 2015
Page7
e Rep01ied 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
e Will be in Orlando this Thursday, Friday, and Saturday for the Florida League of Cities Annual
Conference.
City Attorney Komando
e 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.
e 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 dete1mination 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
e Stated they are issuing a lot of variances for circular driveways and believes they should revisit the
code related to that.
e Suggested that they consider striping Main Street for bicycles and pedestrians so there is a clear
delineation for the traffic pattems.
• 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
adjoumed at 8:03 p.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor/Presiding Officer
CITY OF ATLANTIC BEACH
CITY COMMISS ION MEETING
STAFF REPORT
AGENDA ITEM: Request for a waiver from City Code Section 19-7 Driveway
Limitations to A ll ow a Circu lar Driveway at 800 Sherry Drive
SUBMITTED BY: Doug las E. Layton, PE, PWLF
Public Works Director
DATE: 7/13/15
AGE NDA ITEM #JA
AUGUST 24,2015
BACKGROUND: Applicant has requested a new driveway at 800 Sherry Drive with a
circu lar driveway. The lot frontage is 75 feet. All other sections of
the code appear to have b~en met by the appl ication .
BUD GET:
City Code Section 19-7: Construction of driveways in rights-of way
contains the fo ll owing requirement:
(f)" ... , and circu lar drives sh all only be permitted on lots having at
least one hundred-foot frontage."
No budget consideration
RECOMMENDATION: Consider approva l of requested waiver to C ity Code Section
19-7 req uirements for thi s location.
ATTACHMENTS: 1.. Waiver Application for 800 Sherry Drive
2. Letter Terry Brown to CoAB dated 6/4/15
3. C ity Code sec ion19-7 .
4 . Permit drawing T-1-14056, dated 1/21/15
REVIEWED BY: --h ·Va-~
Nelson Van Liere, City Manager
-~[,' I•
. ~~ IUL 0 2
AGEN DA ITEM #.3A
AUGUST 24, 2015
l .y 5-1.0 -
APPLICATION FOR LAND DEVELOPMENT R • GULATiQNS WAIVER
City of Atlantic Beach · 800 Sem in ole Road ·Atlantic Beach, Florid a 32233
P hone: (904) 247-5826 · FAX (904) 247-5845 · hU(l://www .coab.us
File No. /S-,.2~ -/...!"97 Receipt _________ _
Sectio n 24-46 (d) pcm1its the C ity Co mmi ssion to authorize limited W}livers, on a casc-hy-c~t sc b<t s is, from n
spec ifi c provision(s) of these La nd Developm e nt Regulations when it is demonstrated that co mpliance with
s uch provisio n(s) would be unreaso na bl e, in contlict with the public in te•·est, or a pmctica l impossibili ty. A
W~tivca· f•·om these Lund Deve lopment Regulations may be aflprovcd only upon s howing of good cause, and
upon evi de nce that an a lternativ e to a specific provision(s) of this Chapter s h a ll be pr·ov ided , whi c h confo nns to
the ge nera l intent and s pil'it of these Land Development Regulations. In co nsi de ring a ny request fo•· a W<liver
from t hese La nd Development Reg ul ations, the City Com mi ssion ma y require co ndition s as a p(ll"opl"intc to
e ns ure that the intent of these La nd Development Regulations is enforce d. A Waivc1· s hall not modify any
requirement or term custom a rily considered as a Va.-iance ot· any t•e quireme nt o•· te rm prohibited as a
Variance, and s ha ll be co nsid er ed only in cases wh ere alternative :1d mini stn1tiv e JH·occduJ'cs nre not se t for the
within the C ity Co de of Ordinances.
4. Property Ap pr·a isc r's Real Estate Number -------------------------
5. Curren t Zoning C ht ssilicn tion -------6. Comp rclu:nsive Plan Future Land Usc designation ___ _
7. Requested provision(s) fr om which waiver is so ugh t: Ct .itt: v~ ~.L .:dJLt ,;.e. ,tvA r P~ L 4.SS
.-Lf·M·....; /Po/ Lor h~A4Ar;C Pi~ /9-7(-I'J
I -"?' ,_-/ • I -11_ 8. Size of Parcel / Oo ¥ ~ _:, 9. Utility Provider _-_·_c:::"'...:.rr __________ _
10. Provide a ll of the following info rm ation:
a. Proof of ow nership (deed or certi l1 cnte by la wyer or nbs trn ct co mp any or title compa ny th at ve rifies record
owner as above). If the applicant is not t he ow ner, a letter of nuthorization from t he ow ner(s) for applican t to
represe nt the owner for nil put·poscs r e la tecl 1o t his app li ca ti on mu s t be provided.
b. Survey and legal d esc ripti on of property.
c. Required numb er of copies (2)
d. Application Fcc ($250.00)
I H EREBY CERTIFY THAT ALL INFORMATION PROV IDED WITH T HI S AP PLIC ATION IS C ORRECT:
AGENDA ITEM #3A
AUGUST 24,2015
IH. Stutcment of facts and any special reasons for the requested Waiver, which demonstrates complluncc wUh
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and s peciOcully
dcscl'lhlug how the reuuest complies with the Conditions necessary for tlte Citv CommiHslon to upproyc thl11
rcuuest. Plcnsc nttnch aclditionnl pngcs if needed.
June 4, 2015
City of Atlantic Beach
Building Department at City Hall
800 Seminole Road
Atlantic Beach, FL 32233
To Whom It May Concern:
AGENDA ITEM #3A
AUGUST 24, 2015
My wife and I have purchased and are remodeling a home at 800
Sherry Drive in Atlantic Beach. For safety purposes, we would like to
construct a new circular driveway on our property.
The current driveway is approximately 250 feet from the five-way
intersection of Sherry, Plaza and Seminole. It is also directly across the
street from 8th Street. With the heavy volume of traffic along Sherry
and the steady stream of traffic coming through the five-way
intersection, it creates a safety hazard to back out of our driveway
directly into this high traffic volume. It also requires us to monitor
traffic from three directions, which further complicates access to and
from our driveway.
I would appreciate your consideration to allow 1' _, to construct a new
circular driveway on our property. If you have my further questions,
please do not hesitate to contact me at (501} ,20-7117, or our
contractor, Terry Gause, at (904) 838-5925.
Sincerely,
Terry D. Brown
Telephone: (904) 861-5122
Ciity of A tla:ntic .!Beach
Re: 800 Sherry Drive
To Whom It May Concern:
TIMOTHY J. ANDERSON, E~quire
824 Sherry Drive
Atlantic Beach, FL 32233
AGENDA ITEM #3A
AUGUST 24, 2015
Email: tanderson @bC1ttandcrson.<:'nm
July 12, 2015
I have been advised that you will be taking up a permitting request for a circular driveway at gnn
Sherry Drive the evening of July lJ, 2015. As the owner/occupant of 82-1 Sherry Drive. I 1-nlly
understand the desire for such a driveway. Backing out onto Sherry at all limes of the rl:w i~
downright dangerous. I believe having a circular drive may very well help alleviate this pwbkm for
our new neighbors.
With regards and best wishes, I remain
Tim Anderson
AGENDA ITEM #3A
AUGUST 24, 2015
• Sec. 19-7.-C onstruction of drivewa ys in rights-ot:.w ay.
T he construc tion of a new driveway in th e city's right-of-way, or th e modification of nn exist ing
dri veway in a rig ht -of-way, s hall require u co ns truction penni I within c it y ri ghts-of-way ;md casement s. Said
pcnnit shall be issued su bject to the l'ollowing requ ireme nt s:
(u)
(b)
(c)
(cl)
(c)
(I)
(g)
{h)
The propo sed drivt.:way s hall no t create more th an filly (50) percent imperv ious area within tJ1e ri g hl -of'-
wny.
Any penn it iss ued s hall be a revocab le cnc rouc hm enl permit if any nonstanunrcl dri veway mntc ri als
(i.e., pavers) are in sta lled in the right-of-way. If the c it y is requi red to do any utilit y or other work
o r repai rs in a right-of-wny whi ch dnmngcs such n onst ~a ndord mate ri als, the ho meowne r s hall be
respons ibl e for repa ir s ne cessa ry to th e mate ria ls.
Any co nstruc tio n within the c ity's ri ghts-of-way shall not ndvcrscly affect OJ' re strict pu bli c po rk ing in
th e ri g ht s-of-wny.
No parking np ron s shnll be allowed in I he city's ri gh ts-of-wny nlong art erial (th roug h) streets listed in
cit y Code sub sectio n 2 1-1-(h ).
Any improvements in the cit y's righ ts-of-way thnt arc no t part of n driveway or sidewalk shall be
cons tTuct ed of l urf block or other perviou s material.
Mnximum dri veway width at the propert y line and throu g h th e ri gh t-of-way sha ll be l wc nty (20) reel .
Maximum driveway width for ci rcu lar drives s hu II be twel ve ( 12) feel, and circular drive s shu II
only be pcm1itted on lots having at least one hundred-foot frontage.
Maximum driveway wid th at the property lin e and through the right-of-way for duplexes ou a fifty-fo o t
lo t sha ll be a combined width for both driveways of twenty-four (24) fee t.
Driveways th at cross sidewa lks. City s idewa lks may not be rep lace d with other material s, but mu s t be
replaced wit h smoo th concrete len natural in color so tha t it ma tc hes the exi s ting a nd adj oin ing
s id ewa lk s.
REMODELING AND ADDITION
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ATLANTIC BEACH, FLORIDA
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CITY OF ATLANTIC BEACH
C lTY COMMI SSION MI~ETING
STAFJ? REPORT
AGENDA ll'EM 1~3B
AUGUST 24,20 15
AGENDA ITJCM: Public Hearing on requ es t for use by exccptiou ( 15-UBEX-1 043 to
permit a vete rin a ry clini c within the Co mmer c ial Gene ra l (CG) Zo nin g
Di s tri ct at 725 Atlantic Boul eva rd , Un it I.
SUJlMITTED llY: De o~k W. Reeves /,1(_ /J'<91
Planne r r ·
DATE: J ul y 24,201 5
STRATEGIC ]>LAN LINK: None
BACKGROUND: The appli c<int is Dr. John Green, the ow ne r and operator of an ex istin g ve terin a ry
c lini c at 5 19 At lanti c Bo ul eva rd in Atl antic Beach. Servi ces cover a ll thin gs hca lth ca re [or ho usehold
pets, but do not a lTe r over ni g ht or long term board in g o f anima ls. Th e appli ca nt is required to o btain a
Use-By-Exception per Sec tion 2tl-1 II (c)(2), which states one is needed for, "veterinary c lini cs" within
th e Commerc ial Ge ne ra l zo nin g di stri c t. A Usc-By -Exception is required for th ese types o f uses becau se
th ey can potentially prod uce noises or odo rs th at affect nea rby prop e rtie s.
The site is loca ted at the end of an ex is tin g commercial strip ce nter within the Co mm e rc ial Gene ra l
zo ning di s tri ct. Within the strip ce nt e r there is a nail and spa place to th o we st and wareh ouse uses to the
nOJ·Ut. T he so utlt s id e is th e s torefr ont for th e c lini c and th e east wa ll is th o exter ior of th e buildin g.
Imm ed iate ne ighb ors to tl1e s trip center are other co mm erc ial uses to th e so uth , east and west. T o th e
nor th and north eas t is so me multi-family res id entia l and beyo nd that is so me s in g le fami ly re si dential
within 300 fe et. Ample parking is prov ided fo r the entire shop ping ce nte r. Co ns tru ction o n th e propetty
wou ld be limited to an interi or bui ld out and new signa gc. Th e interior build out will a ttempt to limit
noise by strateg ica lly locating cages, us in g in sulated s lidin g g lass doo rs and floor to ce i lin g sound
proofi ng in th e walls. T he app lic a nt, in co nj un c ti on with th e prope1ty ow ne r, ha s agreed to place wa ste
bags and bas kets outside tho uni t fo r c ustomers use. The applica nt wi ll maint a in th e wa s te baskets whil e
a lso ho si ng off s id ewa lks as necessa ry.
At the Jul y 2 1st Co mmunity Develop me nt Board mee tin g, app rova l was reco mm end ed to th e C ity
Co mmi ss ion by a vo te of 6-0 w ith co nditi ons that l.) The app li ca nt c ns ut·es sa ni tary con diti ons outs id e
their unit by in s ta llin g and maintainin g pet waste s tations in adj ace nt landscape areas and in sta llin g an
ex teri or hose to c lea n hard s ur face s; and 2.) The appli cant install s so und pmofing in wa ll s adj oinin g
ne ighb orin g unit s .
BUDGET: No ne.
R ECOMMENDATION: Approve th e Usc-By-Excep ti on 15-U BEX-1 043 with co ndition s th at; 1.)
Th e applica nt ens ure sanitary co ndition s out sid e th ei r unit by in stall in g and ma intaining pet waste sta tion s
in adjacent la nd sca pe are as and in sta lliH g an exte ri or hose to c lea n ha rd surfaces; and 2.) The ~pp li cant
in sta ll s so uJJ d proofin g in walls adjoining He ighb orin g units.
ATTACHMENTS: Co py o f Com munity Devel o pment Board staff repor t; copy of L 5-
UBEX-1 043 appli ca ti on.
REVIEWED BY CJTY MANAGER: __ :??___.._· ~~-A.._:;'rl-.-:.-.c.cl"--""Ce-(JL,~='----------
AG ENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAF F
STAFF COMMENTS
ll7J
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4 .B
15-UBEX-10 43
AGI•~NDA ITEM #38
AUGUST 24, 20 15
Request for use-by-exception as permitted hy Section 24-111 (c}{2), to permit a
veterina1y clinic withi11 the Commercial General (CG) Zoning District at 725 Atlan tic
Boulevard, Unit 1.
725 ATLANTIC BOULEVARD, UNIT 1
John Green DVM
July 9, 2015
DEREK W REEVES, PLANNER
The applica nt is Dr. john Green, th e owner and operator of an existing veterinary clinic at 519 Atlantic
Boulevard in Atlantic Beach. Services cover a ll things h ea lthcare for household pets, but do not offer ove r night
or long term boarding of a nim als . Th e app li cant is r equ ired to obtain a Use-By-Exception per Section 21-
111(c)(2), which states one is neede d for, "veter in ary clinics" within the Commercia l General zoning district.
The s ite is located at the end of a n existin g comme rci a l strip cen ter within the Commercial General zoning
district. Within the strip center there is a nail anti spa place to the west and warehouse uses to the north. The
south side is the storefron t for the clinic and Lhe east wa ll is the exterior of the building. Immediate neighbors
to the strip center are other com mercial uses to the so uth, east and west. To the north and north east is some
multi-family residential a nd beyond that is some si ngle fam ily residentia l within 300 feet. Amp le parking is
provided for the enti re shopping ce nter. Constructi on on the prop erty would be limi ted to a n interior build out
a nd new s ign age. The Interior build out wil l atte mpt to limit noise by strateg ica lly locating cages, using
insulated sl idin g glass doors and noor to ceil ing sou nd proofing in the wa ll s. Th e app licant, in conjunction w ith
th e property owner, has agreed to place waste bags and baskets outside the unit for customers use. The
app licant will maintain the waste baskets whil e a lso hosing off sidewalks as necessary.
Based on the location re lative to residentia l and the Jack of overnight boarding of anima ls, staff expects little lo
no negativ e impacts as a result of this business. Due to the close proximity to public right-of-ways a nd the
shared na ture of the s h opping cente r, It is recom me nd ed to add a r eq u ire me nt for waste bags an d baskets as a
con diti on of a pproval. It is also recommended to ad d a requirement for sound p roofin g to be installed between
this unit of the shopping center and its immediate ne ighbors as a condition of approva l. While these solutio ns
are offe re d by the app li cant th ey would not be required unless a dd ed as a cond it ion.
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
APPLICATION FOR A USE-BY .. EXCEPTION
City of. Atlantic Be~~b • BOO.Sctnhtole Road · Atlantic Beach, ll'loridn 3223'3-5445
Phone: (904) 241-58i6 • FAX (904) 247-58.45 · http://www.coab.us
AGENDA ITEM #-3D
AUGUST 24,2015
Date WtlJ e-J. 3 1 ()17/S -F ile.No. Receipt
I --------------------------------------------
1. Applicant's Name __ ......;;..=....;~~..:....!..~..L.-~,_--:~~r---------------------------------------
2. Applicant's Address __ ..;.__J..~-.::-:-.....;..::=r..L,;,..-=--~'-~"'""-f~--::--.-:=...-----------------------------
3.
4. Lot No.1 -------------------
5. Current Zoning·Ci nssificatlon
7. Requested Use-by-Exception
,,~ 6. Compt·chen~~c Piau Future Land Use dcsiguatlon ______ _
1/Lf&w)J&vif. ,,#5/i b~l
8. Size of Parcel ______________________ _ ~""E: y) 9. UtilityPro:videt· .-.J -n
10. Statement of facts and special reasons for the requested Usc-by-Exception, whicb demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordiuances, Zoning and Subdivision Rcgulntlou s. Attnch ns
Exhibit A. (Tho attached guide may be used if desired. P lease address each item, as appropriate to this r equ est.)
11 . P r ovide a ll of the following iufomtation. (All information must be provided before an applicatlou fs scbeduled for any
public hearing.) .
a . Site Plan showing the l ocation of a ll s tl'llcturcs, tcmpol·at·y and permanent, including setbaclcs, building height,
~ num~er of' stories and square footage, impervious surface a r ea, and existing a nd/or proposed driveways.
rdcutify any existing structures and uses.
b. Proof of ownership (deed or certfficatc by lawyer or abstract company or tlilc corupnny that vcl'ifics record
\) owner a~ above). If the applicant is not the owner, n lette1· .of authorization (rom tbe owncr(s) for applicant to
reprcs~ut the own er for all purposes related to this appli cation must be provided.
:tt; c. Survey aud l ega l description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. Two (2) copies of a ll documents that are not larger tban 11 x 17 inches in size. If
·':.." plans ot· photographs, or color attachments are submitted, pl e_ase provide eight (8) copies of these.)
e. Applicatio n Fee·($350.00) · · · • · · · ·
I ImREBY CERTIFY THAT ALL INFORMATION PROVIDED' WITH THIS APPLICATION IS CORRECT:
ADDRESS AND
APPLICATION Name: --'.::=-'>L.f'u:..:...~~;;.__;r.+,.:_.:.~~-r----.----..,---t--~---.,.,.---
Malling Address: .S/9 ~~~~~~~~~~~~~~~~~~~~~~~~~~~---
Phone: 7 '0 l/-tJt? 5L FAX:
--------------------~
EXHffiiT.A
AGENDA iTEM 1#38
AUGUST 24,201 5
Tho review of an application for a Use-by-Exception shaU~~~Ilsidcr the following items. P lease
address each of the foJlowing a s applicable to your specific application.
1.
2. attenti on to the items in (1) above.
3.
4.
6.
7.
>'
OWNER'S AUTHORIZATION JFOR AGENT
AGENDA ITEM #3B
AUGUST 24,2015
___ __._M:.__;;_:_;It=-.___,.,;fo..._.lfN'-'-"-=-~tr"""'fll'-"'ei=E;.-<lNJ--.'L-_________ is hereby authorized to [tCt
on behalf of .fr[L.Jl:NT ( L.-fENMJ\1J L--L.t , the owner(s) of those lands described
within the attached application, and as described in the attached deed or other such pruof of
ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an
application related to a Development Pe1mit or other action pursuant to a:
D Zoning Variance D Comprehensive Plan amendment M Use-by:-Exception D Fence or Pool Permit
D · Rezoning D Sign Permit
D Plat, Replat or Lot division D Waive1·:from Sign regulations
D Waiver from Land Development Regulations
BY: ~z~
Si nature ofOwnD ~.
faVttv'l ~JRJ 1 MOV' M..bv ·-~·---
PrintNamc
Signature of Owner
Print Name
_ t~o~zq i{:-/t013
Telephone Number
#d11.rA.b i @ qvwai f. to f'Vi
e-mail address ,
State ofF!orida
County of Duval
Signed and sworn before me on this q~
By Ffrrt 1 n ~v It hi
Ji,ute
day of, 20J5.
Identification verified: /Cn'I!W Yl
Oath sworn: ____ Yes ._.,/No
My Commission expires: _____ _
AGENDA ITEM 1138
AUGUST 24,201 5
2014 NOTIC E O F AD VALOREM TAXES & NON-AD VALOREM ASS ESSME NT~
REAL ESTATE TAX NOTICE
Michael Cot'rlgan, Duval County Tax Collector
231 E. Forsyth Street. Suite 130, Jacksonville, FL 32202-3370
Tax Co ll ec tor Inquiries: (90 4) 630-1916 , o·ptio n 4; website: www.coj .neVtc
6 -75265
ATLANTIC-PEN MAN LL C
500 3RDSTS
JACKSONVILLE BEACH FL 32250-6624
AC.eOUNT NUM BER: 171 363·0000
PAYOR CODE/NAME:
LOCATION ADDRESS: 725 ATLANTIC BLVD
32233
,,,,,,,,lll•t•t'l·'' ,,, h IIJIIII"' I I •• ,, ... ,.,. ·'••I''•·•''''"' LEGAL DESCRIPTION:
AD VAlOREM-TAXES
ASSESSED
IA~It:!~ ~!.JTI'·I OR IT~ ~A L!.!!; ~
CITY OF JACKSONVILLE 3531800
ST JOH NS R IVER WTR MGMT DIST 3531800
FL INLAND NAVIGATION 3531800
USD3·ATL BEACH 353 1800
SCHOOLS 3531800
AD VALOREM TOTALS
NON-AD VALOREM ASSESSMENTS
PURPOSE '
NON-AD VALOREM TOTALS
IF PAID BY: NOV 3 0 2014 DEC 31 2014
4% DISC 3% DISC
PLEASE PAY: $ 64879.80 $ 65555.63
.. -
EXEMPT
VALU E~
0
0
0
0
0
AMOUNT$
0.00
31·1 36-2S-29E 3. 95
ROYAL PALMS UNIT 2 A
LOTS 1,2,3(EX PT RECD 5294-36,
5649-1182,PT IN RfiN) BLK 16,
See Tax Roll rar Additional Lega l.
TAXABLE TAXING MILLAGE
VALU!; ~ QI~TRI QI .am
3531800 USD3 8.1 512
3531800 USD3 0.3164
3531800 USD3 0.0345
353 1800 US D3 3.3285
3531800 USD3 7.3050
19.1356
REMARKS:
TAX
t.MQU~IS
28788.41
11 17.46
121 .85
11755.60
25799.80
67583.12
JAN 31 2015 FEB 28 2015 MAR 31 2015
2% DISC 1% DISC GROSSAMT
$ 66231.46 $ 66907.29 $ 67583.12 $
MAKE CHECKS PAYABLE TO MICHAEL CORRIGAN, TAX COLLECTOR
FOR ONLINE BILL PAYMENT USE ACCOUNT NUMBER: 171363·0000
Please de tach and rotum bot/om seclfon with payment. Tllls<becamos a receipt after validation.
'·~
EXEMPTI ONS
APei.I ~D
APR 30 2015
INT & FEES'
69624.61
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AGENDA 11'RM # 38
AUGUST 24,2015
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AG ENOA ITE
AUGUST 24M# 3D '2015
BUILDING DEPT. MONTHLY ACTIVITY REPORT
COMPARISON REPORT
REPORT FOR THE MONTH JULY 2015
COMPARISON 2014-2015
PERMIT TYPE NUMBER OF PERMITS I TOTAL INSPECTIONS
YTD 2014 YTD 2015 YTD 2014 YTD 2015 YTD 2014 YTD 2015
SINGLE FAMILY 14 62 $ 5,397,041 $ 12,209,575
DUPLEX -7 $ -$ 81,900
REMODEL/ADDITIONS 238 165 $ 3,573,858 $ 2,450,079
COMMERCIAL NEW 7 1 $ 2,225,427 $ 950,000
OTHER 1 571 923 $ 4,796,305 $ 1,351,745
TOTAL 1,830 1,158 $ 15,992,631 $ 17,043,299 2,942 3,460
PERMITS ISSUED FOR THE MONTH OF JULY 2015
NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED
SINGLE FAMILY/SF ATTACH 9 $ 52,739 $ 4,273,982 BUILDING 368
NEW DUPLEX MUL Tl FAM 2 $ 13,677 $ 400,000 ELECTRICAL 83
RESIDENTIAL ADDITIONS 3 $ 3,375 $ 286,000 PLUMBING 90
RESIDENTIAL ALTERATIONS 11 $ 1,569 $ 111,087 MECHANICAL 59
COMMERCIAL NEW 0 $ -$ -MISC. 58
COMMERCIAL ADDITIONS 2 $ 3,310 $ 71,000
COMMERCIAL ALTERATIONS 0 $ -$ -TOTAL
PERMITS MISC 13 $ 1,025 $ 11,215 658
ELECTRICAL 64 $ 6,710 $ -
MECHANICAL GAS 10 $ 856 $ 1,400
MECHANICAL HVAC 55 $ 6,081 $ -
PLUMBING 29 $ 4,227 $ -
ROOFING 19 $ 2,078 $ 168,578 SURCHARGE COLLECTED:
WINDOW/DOOR 27 $ 3,664 $ 209,974 ~11480.62
DEMOLITION 0 ;j) -;p -
REINSPECTION FEES 0 $ -$ -TREE REMOVALS:
OCCUPANCY INSPECTIONS 0 $ -$ -
SIGNS 1 $ 79 $ 9,483 Inches Removed: 79
FENCES 8 $ 280 $ -Inches Preserved: 0
DRIVEWAYS/ROW 7 $ 890 $ -Inches Relocated: 0
SIDING 5 $ 903 $ 28,000 Inches Planted: 10 >
POOL I 0 $ -$ -Paid in Mitigation $1,469.00 c
('J
$ -$ -d
r;J
TOTAL 265 $ 101,463 $ 5,570,719 >-3
N
I ~,..
N
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 Market/Cash 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 '1 03,089
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 A1A 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 Wetwell 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:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENJ>A ITEM# 4fl
AUGUST 24,2015
Exte nsio n of Annua l Contract for C ity Bid No. II 12-08:
Repa ir of Electri cal Motors & Pump s
Do ug las E. Layto n, P.E.
Director of Pub li c Works
DATE: Au!:,rust 5, 20 IS
BACKGROUND: The City of Atlantic Beach requires the services of qualified ·
tec hni.c ian s to troubleshoot, repair and insta ll electrical motor s,
pumps or other equipment. The current co ntract for these services
und er Bid No. 111 2-08 expires August 26, 20 15. The contractor,
Moli ne Electric Motor & Machine, In c. has agreed to renew the
contract for the tirst of two poss ib le renewal s at th e cun·ent prices.
RECOMMENDATION : Exte nd the con tract for one year at th e cu rrent prices, term bein g
August 27, 20 15 to Aug ust 26, 20 16.
BUDGET: A total of $75,000 was budgeted in FY 1415 in the water a nd sewer
funds und er acco unt numbers:
ATTACHMENTS:
400-5502-533 -3400 ($15,000)
4 10-5506-535-3400 ($40,000)
4 10-5508 -535-3400 ($20,000)
Letter from Moline Elechic Motor & Machine, J11c. agreeing to the
extension of the contract.
'
APPROVED BY CITY MANAGER : ~ 1/A.,_.,;:?UA.I'
July JO. :!0 15
Mr. T od d Moline
Moline 1..-:l~clrk iVh.ltor & Machine. Inc.
14~11 -3 MHypor t Road
All:tnl it: Beach . FL 32233
RF: 13id No. 11 12-0 8: Rcpni r E l ec trica l Motors & Pumps
Dear fvir. Moline:
AG!l:NDA ITEM# 4U
AUGUST 24, 20 15
Cl"l Y OF A 'J J./\N I'I C
I II.I'JI IU lvlliN I Ill· 1'11111.11 1\•l)lll,:-.
I 1()11 S:to rdpip,•r I.1111U
!lll:tllll<' lk:r~h . 1'1 . .1~.~ II 1.1 I:;
II·I.I ·.I'IIII NI· 1''0·1) 2·17·'1l.1·1
Jill)\ ('11 11 J J·I 7 .~S ·I 3
WW\\' coah u~
l'h ~ above r~li:!r~n ccd co 11L rm:l lor Bid I J 12-0R expires on /\ugusr 26. 201 :'. T il e ( 'i t y wo ul d
like w t.:.'\l t:nd th e co n! met for rmo th cr year. at the curr ent pri ccs. f>c::r bid s p l~ci li t:nti\lll :-.. tlli ~
wi ll he the lir~t of' Lwo possibk ex tens ion s l>l 'tbi s conlracl, term b~:in g /\ug u :-~1 '27. /.0 IS
thru 1\ llgt tsl 2n . 20 I o. I I' ncccptnb lc, please sign he low fi nd return lo m y attention ul yuur
1.'111'1 i e:c·il' co ll vcnic ncc.
W~ look forward l\> recommending 1h<H we conl inu e our co ntruc r wit h yo lll' company.
Si ncerely.
~.:::-
Cont ract ~. Permits and Ad mini s trat ive Coordinator
MnJ.I NE 8 LJ K.TRIC MOTOR & fvfAC HI NE, INC . ;\GREES T O EXTEND THl : t 'ONTH/\C I
1\'1' I'IIE ('l IH RI ~:N T IJID PRI CES FOR ONE YEAR BEGINNI NG AtiGUST 26.20 15.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGE NDA ITEM II 4C
A UGUST 24,2015
AGENDA ITEM: Water Tower Communications Verizon Contract Amendment 4
SUBMITTED BY: Douglas E. Layton , PE /c ~\ f ~ ~)--· t--
Public Works Director £...Y
0
DATE: 8/7/15
BACKGROUND: The City leases space on the elevated water tower at WTP #1
located at 469 11 1h Street to Verizon Wireless (PCS). This lease has
been in effect since 1995 and thru previous amendments remains cu rrent.
The City receives compensation for this lease with a 3% annual Increa se.
PCS is requesting permission to add additional equipment to the tower
under the terms of the lease.
BUDGET: The City currently receives app roximately $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 41h amendment to the PCS agreement and
authorize the City Manager to execute the amendment.
ATTACHED: Proposed amendment 4
REVIEWED BY: '-J'Z ?/a-, ;7u-u_.
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
______ , 2015, 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, 2011, 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 18, 20 14
(collectively the "Lease") for the lease of a portion of certain real property and a communications facility (the
"Site"), located at 469 11th 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:
1. All capitalized tem1s in this Amendment, not otl1erwise 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 NOll 00 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 1 '1 and 15th of the month, the rent increase shall commence on the 1 '1 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
1'1 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 1 and the written
acknowledgement confirming 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 Khllljekar
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
AGENDA ITEM# 4C
AUGUST 24, 2015
Tx 1950-1965 Rx 1870-1885 MHz
Tx 698-798 Rx 698-798 MHz
Tx 2110-2130 Rx 1710-1730MHz
Number of Antennas: Ten (10) Total: (6) AXP19-60-2; (3) CSS X?-FR0-660-4;
(1) CSS X?CQAP-665-VRO-IPB
3
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Resolution NO. 15-09
A RESOLUTION 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 Van Liere, City Manager c::z;;:>.._. -----
DATE: August 20,2015
AGENDA ITEM #6A
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 RESOLUTION NO. 15-09 amending the Interlocal
Agreement for CDBG Funds
ATTACHMENTS: RESOLUTION NO. 15-09
Exhibit A -Community Development Block Grant Internal Cooperation
Agreement between the City of Jacksonville and the City of Atlantic
Beach
RESOLUTION NO. 15-09
A RESOLUTION 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 #6A
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 resolution is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT RESOLVED 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 resolution.
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 #6A
AUGUST 24, 2015
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
DULY ADOPTED AND PASSED during a regular meeting by the Atlantic Beach City
Commission this 24th day of August, 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
COMMUNITY DEVELOPMENT BLOCK GRANT
INTERLOCAL COOPERATION AGREEMENT
AGENDA ITEM 116A
AUGUST 24,2015
BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH
THIS AGREEMENT is made and en tered into the __ day of _____ _
~~ by and between the CITY OF ATLAN'fi G BBACHJACKSONVILLE, a EJ.osiQa
municipal corporation irLD_I.l.'@LC.o untv (hereinafter referred to as "JACKSONVI_LLE:],and t®
CITY OF ATLANTIC BEACH "), and t:Re-eensolidated City/County ofJaei(SOA'Iille, a singl e body
~elitie and corporate, Bfld a pelilioal subdi•.·isien of the State o f~ Florida...m.unipipal corooratioo
iJJ...Q UYal.CJLunty (hereinafter referred to as "JACKSGNVILLEATLANIJC BEACH ").
WITNESSETH
WHEREAS, the Housing and Community Development Act of 1974, as amended, and
the Urban Rural Re covery Act of 1983 make provisions whereby urban co unties may enter into
cooperation agreements with certain units of local government to undertake or assist in
undertaking essential activities pursuant to Community De ve lopment Block Grants ; and
WHEREAS , the Department of Veterans Affairs and Housing and Urban Development,
and Ind ependent Agenci es Appropriation Act, 2001 was enacted on October 27, 2000, of which
Section 217 of the Act provides for authority for the conso lidated city/county government of
JACKSONVILLE to qualify as an urban county under the Community Deve lopment Block Grant
(CDBG) program; and
WHEREAS, this Agreement covers both th e Community Developmen t Block Grant
("CDBG") and the HOME In vestment Partnership ("HOME ") Program s; and
BXH JBI TA
1
AGENDA ITEM 116A
AUGUST24,20 15
WHEREAS , it is th e desire of th e parti es to thi s Agreement that JACKSONVILL E
undert ake activities to plan and ca rry out the CD BG and the HOM E Programs for the be nefit of
the res idents of Duva l Cou nty; and
WHEREAS , interloca l agree ments of this type are specifi cally authorized by Part 1,
Chapter 163, Florid a Statutes, as well as other app licable la w .
NOW, THEREFORE, th e partie s hereto do mutu all y agree as follows:
SECTION 1. RECITALS
The above recitals are tru e and co rrect and form a ma te ri al part of this Agreement upon
wh ich the parties have re lied.
SECTION 2. COUNTY ADMINISTRATION
JACKSONVILLE ag rees to provide , at no cost to ATLANTIC BEACH, the staff,
resources , and other services necessary to plan and adm in ister CD BG and HOME Programs
upon the request of A TLANTIC BEACH .
SECTION 3. MUTUAL COOPERATION
JACKSONVILLE a nd ATLANTIC BEACH agree to cooperate to undertake, or assist in
undertaking , com munity renewal and lower income ho using assistance activities , specifically
urban re newa l an d publicly assisted housin g .
SECTION 4. PROJECTS FUNDED
(a) JACKSO NV ILL E ag rees to facilitate , encourage and allow mun ic ipal offici al s and
the citizens of ATLANTIC BEACH to have th e fu ll an d open opportunity to submi t and implement
:bXHIBIT A
AGENDA ITEM #6A
AUGUST24, 20 15
eligible projects which are in compliance with the CDBG activiti es 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 HOME
Programs under the Co nso lid ated Plan and for annuall y filing the Consolidated Action Plan with
HUD .
SECTION 5. MUNICI PALITY OBLIGATIONS
(a) ATLANTIC BEACH and JACKSONVILLE agree that, purs uant to the provisions
of Title 24, Code of Federal Regulations, including , but not limited to Section 570 .501 (b),
ATLANTIC BEACH is subject to the same requirements applicable to
~eipieAts_aut>.;[f!Qipieots includin g, but not limited to, th e req uirement for a written agreement
set forth in Title 24, Code of Federal Regu lations , Section 570 .503 .
(b) ATLANTIC BEACH may not apply for grants under the Small Cities or State
CDBG Programs from appropriations for fisca l years during the period in which it is participating
in the urban county prog ram.
(c) ATLANTI C 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
participatin g in the urban county prog ram, ATLANT IC BEACH will also be participat ing in
JACKSO NV IL LE's HOME Program; however, this wi ll not preclud e ATLANT IC BEACH from
applying for funding under the State of Florida's HOME Program .
(d) AILANI.I.C BEACH may not sell. trade. or oth..e.rwis..e transfer aJLQr JIDY..-ROrtioo...2.f
S..I.!Ch funds to another such metropolilan city. urb a.o_couotx.....unit of g,e.ne.rallo.cal cwv.erorrl.ent...QI
Indian tribe. oL.ins.u!ar area that dire£11Y__or_!ndjrecfuu;.ece.ives CDBG_f,ynds in exchange fgr aP.Y
EXHIBIT A
3
AGENDA ITEM ti6A
AUGUST 24,20 15
otbedunds .. crg.dlts qr no q-FederaLcons id,e.ra.tiQns:h ut mus.l.us_e sucbJunds fouctivjtias,.eJiqible
under lilleJ_Qf t®Aqt.
SECTION 6. GRANT OF AUTHORITY AND TERM OF AGREEMENT
(a ) This Agreement covers CDBG and HOME appropriations for f iscal years ~
~2.915-2016. 2016-2QjL and ~~2017-2018 , starting October 1, ~~ through
September 30 , ~20.J_~ This Agreement remains in effect until the CDBG and HOME funds
and program income received with respect to funding for fiscal years 200 1, 20~20 15-201.6,.
2..0._1,__6-20 1 L and ~2017 -2Q18... and successive three ;:year qua lification periods , are
expended and the funded activities co mp leted . JACKSONVILLE and ATLANT IC BEACH may
not terminate or withdraw from the Agreement wh il e the Agreement remains in effect.
(b) This Agreement will automatically be renewed for participation in successive
three-year qua lification periods, unless JACKSONVILLE or ATLANTIC BEACH provides written
notice it e lects not to participate in a new qualification period . JACKSONVILLE will notify
ATLANTIC BEAC H in writing of its right to make such election by the date specified in th e next
urban co unty qualification notice .
(c) Failure by eithe r party to adopt an amendment to the Agreement incorpo ra ti ng a ll
changes necessary to meet the requirements for cooperation agreemen ts set forth in the urban
county qualification notice applicab le for a subsequent three-year urban qualification period , and
to submit the amendment to HU D as provided in the urban county qualification notice, w ill void
the automatic renewa l of such qualification period .
SECTION 7. PERFORMANC E OF SERVICES/CONTRACTS
EXHIBIT A
4
AGENDA ITEM #61\
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 wi ll 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 ATLANT IC BEACH to undertake all necessary actions to carry out the CDBG and
HOME Programs and the Consolidated Plan, where applicable, within a specified time frame
and in accordance with the requirements of Title I of the Housing and Developmen t Act of 1974,
as amended , and any and all other applicable laws and implementing regu lations .
(c) ATLANTIC BEACH agrees to undertake and accomplish all necessary action to
carry out the CDBG and the HOME Programs, as provided for in the Consolidated Plan, and for
th e purposes of complying with the law.
SECTION 8. APPLICABLE LAWS/COMPLIANCE
(a) ATLANTIC BEACH and JACKSONVILLE agree to take a ll required actions to
comply 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 Civi l Rights Act of 1964, the Fair Housing A ct , Section 109 of Title I of the Housing and
Community Development Act of 197 4, The Americans with Disabilities Act of 1990 and all other
applicab le laws, ru les and regulations. ATLANT IC BEACH agrees to comply with all a uditing
requirements imposed by federal , state and local laws , rules , regulations .
(b) ATLANTIC BEACH acknowledges and understands that noncomp liance by
ATLANT IC BEACH with all applicable provision of laws, ru les or regu lations may constitute
BXlHBITA
5
AGENDA ITEM #61\
AUGUST 24, lO IS
noncompliance by the entire urban county program , and JACKSONVILLE as the grantee, and
ATLANTIC BEACH assumes responsibility therefore.
SECTION 9. FAIR HOUS ING
ATLANTIC BEACH acknowledges that JACKSONVILLE will prohibit urban county
funding for activities in or in support of ATLANT IC 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
ATLANT IC BEACH has adopted and is enforcing a pol icy proh ibiting the use of ex cessive force
by law enforcement agencies within its j urisdiction against any individuals engaged in non-violent
civil rights demonstrations. Furthermore , ATLANTIC BEACH has adopted and is enforcing a
policy of enforcing applicable state and local laws against physically barring entrance to or ex it
from a facility or location which is the subject of such non-vio lent civi l rights demonstration s
with in its jurisdiction. In furtherance of this provision , specifically, and a ll other provisions of this
Agreement, generally, ATLANT IC BEACH agrees to indemnify and hold JACKSONVILLE
harmless to the fullest extent provided by law.
SECTION 11. STATU S OF MUNI C IPALI TY
Pursuant to 24 CFR 570.50(b), as well as other applicable law, ATLANTIC BEACH
agrees that it is, at a minimum, subject to the same requirements applicable to grantee
s~:~breeipients sub;rec i pie gt§ per CPD-00-07 Section VI II.B .
EXHIBIT A
SECTION 12. REAL PROPERTY
AGENDA ITEM I/6A
AUGUST 24,2015
ATLANTIC BEACH and JACKSONVILLE ag ree with the foll owin g standards regarding
real property acquired or improved, in w hole or in part, using th e CDBG funds :
(a) ATLANTIC BEACH shall notify JACKSONVILLE, in a timely manner, of any
modification or cha nge in the use of real property from that intended at the time of the acqu isition
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 sha ll include such activities in an
appropriate subreoipientsJ.Lb..:r.ecipient agreement.
SECTION 13. PRIOR INTERLOCAL AGREEMENT
Nothing herein shall be interpreted as increas in g or decreasing the disbursement of CDBG
f und s to ATLANTIC BEACH as provid ed for in the existing 1996 Amend ment to the 1982
lnteriocal Agreement.
SECTION 14. EFFECTIVE DATE
T his Agreement sha ll take effect upon the execution of the Agreement by the parties .
SECTION 15. COUNTERPARTS
This Agreement may be executed in counterparts each of which sha ll be deemed an
original.
EXIIIBITA
z
AGENOA IH:M 116A
AUGUST 24,2015
f!he remainder of this page was left blank intentionally by the parties. Slgnatu.te_paqe
immediately follows this page.]
EXHIBIT A.
8
AGENDA ITEM #6A
AUGUST 24,2015
IN WITNESS WHEREOF, ATLANTIC BEACH and JACKSONVILLE do h ereby
authorize and have executed this Agreement as of the date first written above .
\VIT~1B8S
ATTEST
Neill \V. MeArtktJr, Jr.
CorporatioR Seeretary
ATTEST:
B ·
Print Name:
!Ltle:
CITY OF ATLA~lTIC BBACH
By Its:
CITY OF JACKS<»JVILLE
Joha A. Delaney, Mayor
CITY OF ATLANTIC BEACH. a FlorjdCL
MuoLcipal co rp_Q[atio n
EloLi.da
EXIUBITA
s·
J..Qmes R. McC.ain._Jr.
As ComQiation Se_crem
(Co rpyati O.Il,_S e a I)
B·
Lenny Currv as Ma~or
AGENDA ITEM 116A
AUGUST 24,20 15
The te rms and provi sion s of this Agreement ar e fully authorized under State~te and
loca l law. This Agree ment pro vid es full lega l authority for the eoflsolidated City of
Ja ckso nvill e to undertake, or assist in undertakin g, essen ti al co mmunity development
a nd hou sin g assistan ce activities, specifica lly urban re newal a nd publicly-assisted
housing .
Loree L. Frenoh
Sapdra Stockwell
Offi ce of General Counsel
Cjty of Jackson y!Ue
G:lFioallca..&...C.om llanca\LegallMise1Joterlocal.Agreement-.AUaJ1li.c...6eachv 1 "dgc
eXH IBIT A
1Q
AGENDA ITEM #GA
AUGUST24, 20 15
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AGENDA ITEM:
SUBMlTTED BY:
OATE:
STRATEGIC PLAN LINK:
C ITY Olf ATLANTIC JmACll
ClT Y COMMISSION MEETiNG
STAFF REPORT
AGENDA ITEM# SA
AUGUST 24,20 15
Usc-by-excep tion to permit on premi ses cons umpti o n o f alco ho lic
bevera ges within the Co mm erc ial General (CG) Zo ning Di strict <'It 28
Sherry Driv e (15-UBRX 1042)
Jeremy Hubsch, Bui ldin g and Zonin g Dio~ctor ?Jf
Au gust 6, 20 15
None
BACKGROUND: The a pplicants have r ece ntly acq uir ed the Pa lm s I late) a t 28 Sherry Driv e. Th e
property i s zo ned Co mm er cia l Ge ne r al (CG) whi ch al lows hotels . They inte nd to make r e nov atio ns
and co n vert it to a boutique hote l. One component of th eir renovation pl a ns is to improve the
inte ri or co urtya rd a rea a nd conve rt it into an outdoo r lounge, w he r e they plan to serv e bee r and
wine to gues ts. Th e cu rre nt co urtya rd h as tables a nd is an area where guests can con ce ivably drink
beer and wine th ey purchase d off s ite. The applica nts wo uld lik e to be a bl e to serv e beer and win e
as a se rvi ce to guests. He nderings of th eir pro po sed design ca n be found in the age nd a package.
Th e app li cants a r e r e quired to get a us e-by-exce ption for alcoho l sa les accord in g to Sec ti ons 3-5
a nd 24-111 (c) (3). Sect ion 3-5 stat es, "Th e ::;a le of any al co holi c beverages for on-premise
co ns umpt ion, includin g beer, wine a nd liquor s h a ll be prop e1·Jy lic e nsed by th e City of Atlantic
Beac h, a nd s hall be limite d only to r estaura nts, ca fes, bars and private clul.J s within co mm e rcia l
ge n era l zon in g di stricts or th e ce ntra l bu s in ess di s tri ct in compli ~m ce with cha pter 24 of th e city
code and s ubj ec t to approval of a use-by -exce ption in acco rd a nce w ith section 24-63." '!'he City
Code has severa l reg ulations specific to alcoho l sa les. Sec ti on 3-2 state s tha t no sales o r servi ce s hall
occur b etween the hours of 2:00a.m. and 7:00a.m. Sec ti on 3-7 states that bu s in esses tha t s e ll
alcoho l s hall main lain s uffici e nt li gh ting for safe ty purposes. Sec ti o n 3-8 states that a lcoho l
con s ump tion can on ly occur in s id e a building, wi t hin a recreation a re a, or within a n outdoor seatin g
or dining area .
The Com muni ty De ve lopmen t Bo ard r ecomm ended a pprova l of th e use-by-exce ption by a vote of S-
O at the July 2tsr mee ting, with th e co nditions that: l.llours of sale be stopp ed a t 10PM Su nday-
Thurs d ay a nd 11PM Fri day and Sa turday. 2. Th e maximum number of pe opl e in the lo unge area b e
limited to thirty-nvc. 3. That sa les b e limited to bee r a nd wine only.
BUDGET: None .
RECOMMENDA'I'lON : Appwve th e Use-By-Exce pti on 15-U BBX -1 042 with co nditi ons that: 1.
Hours of sale be s lopp ed a t lOPM Sunday-Thursday a nd llPM Frid ay a nd Saturday. 2. The
maximum number of peo pl e in the lounge a r ea be lim ited to 35. 3. That sales be limited to bee r a nd
w in e only.
ATTACHMENTS: Copy of Co mmunity De ve lo pm ent 13 onrd staff report ; copy of 15-
UDEX-J 042 appli cAt ion.
REVIEWED BY CITY MANAGER: ~~~_,~'"'"------------
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.A
15-UBEX-1042
AGENDA ITE M #SA
AUGUST 24, 2015
Request for use-by-exception as permitted by Sectio n 24-111 (c){3), to permit on·
premises co nsumption of alcoholic beverages within the Commercial General [CG)
Zo ning District at 28 She n y Drive.
28 SHERRY DRIVE
The Color Black LLC dba 28 Sherry
July9, 2015
JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
The applicants h ave recently ac quired the Palms Hote l at 28 Sherry Dr ive. Th e property is zoned Co mm ercia l
General (CG) which allows hote ls. Th ey intend to make renovations and convert it to a boutiqu e hote l. One
co mpon ent of their r enovat ion plans is t o improv e th e interior co urty a rd ar ea and co nve rt it into an outdoor
lounge, where they plan to serve beer and wine to gues ts. The curre nt co urtyard h as tab les and is an area
where gues ts ca n conceivab ly drink beer a nd wine they purchase d off si t e. Th e app li ca nts wo uld li ke to be a ble
to serve bee r a nd wine as a servi ce to gues ts. Ren d erings of th e ir proposed design ca n be found in th e age nd a
pac kage.
The app lic a nts are r equired to get a use-by-exception for alco hol sales accordin g t o Sections 3-5 a nd 24-111 (c)
(3). Sec ti on 3-5 s ta t es, "T he sa le of any alcoholic beverages for on-p r emise consumpti on, including beer, wine
and liquor s hall be prope rl y li ce nsed by th e City of Atlantic Beach, and s ha ll be limited only to restaurants,
cafes, bars and privat e clubs within co mm ercia l genera l an d commercial limited zo nin g districts or the ce ntral
business district in compliance with chap t er 24 of th e city co d e and s ubj ec t to app rov a l of a use-by-exception in
accord ance with section 24-63."_ The City Code h as severa l regu lations s pe cifi c to alco h ol sa les. Sec ti on 3-2
states th at no sa les or service s ha ll occ ur between the hours of 2:00 a.m. and 7:00a.m. Sec t ion 3-7 s tates that
bu s in esses th at sell a lcoh ol s ha ll ma inta in suffi cien t lighting for safety purposes. Sec tion 3-8 states that alcohol
co ns ump t ion ca n only occur in s id e a building, within a recreation area, or within an outdoor seati ng or dining
area.
Th e hotel is curre ntly limited in the amount of p arkin g spaces it can provide on -site. Acco rding to th e
app li cants, th ere are overflow parking a r ra nge me nts with the adjacent Be rks hir e Hathaway a nd the
Presbyterian Church. The parking provided on s ite is ge n era lly sufficient for hote l guest s, but not for potential
visitors of the proposed loun ge. At this tim e the applicants have not indicated a desire to serve outside visitors.
However, s taff reco mm ends a con dition that a formal s hared parking agreeme nt be submitted to th e city if the
app li cants inte nd to serve alco h ol to visitors that are not s taying at the hotel. Section 24-161 (f) (2) a llows a
AGENDA ITEM #8A
AUGUST 24, 2015
s ha r ed p a rking agreement so long as the pa rking is within 400 fee t, which both Berkshire Hathaway a nd the
Presbyteria n Church are a bl e to m eet.
Additionally, due to t he proxi mity to residential neighborhoods and a c hurch, the city may co nsider placing
conditions o n hours of alco hol sa les a nd noise leve ls. Th e r e is one code provision which limits n oise in
proximity to churches. Sectio n 11.2 (g) states, "no person, w hole on public or private grou nds adjacent t o a ny
building in w hi ch a schoo l, ch urch, o r me di ca l fac ility is in session or use, sha ll willfully make o r ass ist in the
maki ng of a ny noise which disturbs the peace or good order of s uch ac tivity occ urring within the building."
Th is section provid es t h e ability for the city to r eg ul ate a ny potential noi se issues with the adjace nt church.
Fi gure 1. Current Pa lms Hot el. Vi ew lookin g west from Sherry Driv e.
Page 2 of 4
AG~NDA ITEM # SA
AUGUST 24,2015
Figure 2. 28 Sherry aerial photo
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 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-Exceptio n is co nsisten t with t he inten t of the Compre hensive Plan.
2. Approv al of thi s Use-by-E xception is in compliance with the re quireme nts o f Section 24-63 ,
Zoning, Subdivision an d Lan d Deve lopment Reg ul a tions.
3. Th e r e qu ested use is consistent with Sec tion 24-lll(c) in that the prop osed use is fo und to be
co nsiste nt with the uses permitted in the CG zoning di stri ct with respec t to inte n sity of use,
traffic impacts a nd compatib ility with exist in g indu stri a l uses, com merc ia l uses and any nearby
residential uses.
Possible Conditions:
• Requiring a n amended use -by -exceptio n if the app li ca nts eve r seek to a ll ow outside visitors
to use th e outdoor loun ge.
• Consideration of conditions related to hours of sa les a nd noi se leve ls.
Page 3 of 4
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 consistentwith the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is notin 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
APPLICATION FOR A USE-BY-EXCEPTION
City of Atlnntic Beach · 800 Seminole Road · Atlnntic Beach, F lorida 32233-5445
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.u s
AGENDA ITEM #SA
AUGUST 24,20 15
Dntc -----------File No .. ___________ Receipt __________ _
1. Applicnnt's Nnmc The Color Blacl< LLC dba 28 Sherry
2. Applicant's Address 28 Sherry Drive Atlanti c Beach, Fl 3 2233
3. Property Locntion 28 Sherry Drive Atlantic Beach, Fl 32233
4. Property Appt·aiset·'s Real Estate Number ---------Bloclc No ._3 ____ Lot No. 851,852,853,854
5. Current Zoning ciasHificntion _C_G ______ 6. Comp•·ehensive Plan Futm·e Lnnd Usc des ignation _C_G __ _
7, Requested Usc-by-Exception Es ta bli s h an outdoor loung e , e nabling the hotel to se ll and serve beer a nd wine to hotel gue sts.
8. Size of p 111·cel 0.23 acres 9. Utility Provider JEA/COAB/Sawyer Gas/Comcast
10. Statement of facts and special rensons fo t• t he requested Use-by-Exception, which demons trates compliance with
Section 24-63 of the City of A tlantic Beach Code of Ordinances, Zoning und Subdivision Regu lntioos. Attnch as
Exhi bJt A. (The attached guide mny be used if desired. Plcnse ndd t·css each item, as appropriate to this request.)
11. Provide all of the fo llowing in fo r mation. (All inform ation must be provid ed before an npplictltion is schedu led for any
public benrlng.)
a. Site P lnn s h owing the location of all s tructures, tempornry and permanent, including sctbncl<S, b u ilding height,
nu mber of stot'ies and square foohtgc, impervious s urface nrc:~, nnd existing and/m· proposed driveways.
Identify any existing structu res nnd uses.
b. Proof of ownershi p (deed or certificate by lawyer Ot' abstract compnny or title company that verifies record
owner us above). If the applicant is not t h e owner, n letter of authorization from the owne r(s) for applicant to
rept·escnt the owner fo r all put·poses relnted to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attnch as Exhibit B.)
d . Required num ber of copies. (Two (2) copies of :111 documents that nrc not larger t hanll x 17 inches in size. If
plans or p b otogmphs, or color attachments are su bmitted, p lease provide eig h t (8) co rPft . n m rc: ~
'· Applk•tloo F" ($250.00) D m: u -~-.[!; ~
I HEREBY CERTIFY THAT ALL JNFORMATfON PROVIDED WITEI THIS APPL nd~Js C g RRECT
Signatur e of owner(s) or authorized person if owner's authorization fol'm is attached: l:B~y==dt=="/=====1
Printed or typed r1ame(s): G..,;.r~egr--S_c_h_w_a_rt_ze_n_b_e_r.;;,.ge_r __________________ _
Siguotu"(')' {C:. ~
ADDRESS AND CONT ACTIWoRMATION OF .PERSON TO RECE I VE ALL CORRESPONDENCE REGARD LNG THJS
APPLICATION NAme: Greg Schwartzenberger
Mniling Address: 28 Sherry Drive Atlantic Beach , Fl 32233
P ho ne: 904-588-6397 FAX: NA E-mnil: gre gs chwa rtz e nb e rg e r@gmall.com ---------------------
EXHIBIT A
AGENDA ITEM #SA
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 flre 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 easVwest 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 (I) 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 slate 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 wilt
provide additional revenue for the business.
MA, SHOWING A SUR \It'( OF
LOTS 851, 852, 853 AND 854, PLAT OF SECllON N0.3 SAL TAIR AS RECORDED IN PLAT
BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
I I
STURDIVANT AVENUE
(~0' RIGHT-OF-WAY)(PAVED) ~
LOT
850
BUILDING
NOTES:
LOT
837
l)lHIS IS A BOUNDARY SURVEY.
2)ANGLES AS PER FIELD SURVEY.
J)NO BUILDING RESTRICTION UNE PER PLAT.
4)NORTH PROTRACTED FROM PLAi. .
99. 74'(FIELD)
100.00'
THE PROPERTY SHOWN HEREON APPEARS
TO LIE IN FLOOD ZONE "X" AS WELL AS
CAN BE DETERMINED FROM THE FLOOD
INSURANCE RATE MAP COMMUNITY PANEL
NUMBER 120075 0001 D, REVISED APRIL 17,
1989 FOR THE CITY OF ALTANTIC BEACH,
DUVAL COUNTY, FLORIDA.
'NOr YAUD MlHOUf !HI: SIGNAllJRE AND ll<t
ORICIN'-1. RAIS<tl SEM. OF A flORIDA UC£NSEO
SUIIVEYOR AND I.I~R.'
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ATLANTIC BOULEVARD
(105' RIGHT-OF-WAY)
(STATE ROAD A-1-A)
THIS SURVEY WAS MADE FOR THE BENEFIT OF
28 SHERRY DR.,INC.
FIRST AMERICAN TlllLE INSURANCE COMPANY
RICHARD G. HATHAWAY, P.A.
PONTE VERA T:TLE, LLC
OCEANSIDE BANK
il1...~--./~--
DONN W. BOA1WRIGHT, P.S.M.
FLA. UC. SURVEYOR AND MAPPER No. LS J295
FLA. UC. SURVE'tlNG & MAPPING BUSINESS No. LB 3672
CHECKED BY: ----
DRAWN BY: ~C~R:uT-:-==---
BOATWRIGHT LAND SURVEYORS, INC. DA1E: MAY-12-2006
1500 ROBERTS DRIVE
FILE If: 2006-489 JACKSONVILLE BEACH, FLORIDA '241-8550 SHEET._l_OF L_
AGENDA ITEM #SA
AUGUST 24, 2015
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AGENDA ITEM :
SUJ3 MlTTTID BY:
DATE :
CJTY OF ATLAN TI C BEACil
CITY COMM ISS tON MEETING
STAFF REPORT
I 089 Atla nt ic Bou leva rd He ight Wa iver
Jeremy Hub sch ~
Building an d Zo nin g D irector l-(-'f
At 1gust 6, 2 015
AGENDA ITEM # 8R
AUGUST 24, 2015
BACKGROUND: T he applican ts, Ashland Invest ment s in tend to redeve lop their existing s torage fac ility
at 1089 Atla ntic Boulevard. The redeve lopment includes the removal of thre e storage buildings on th e
eastern porti on or th e proper ty and the co nstrn ction of a new three story sto rage faci li ty. T he applicants
have s ubmitt ed plan s to the City whi ch show two sma ll areas of the prop ose d stru ctme th at exceed th e
City 's 35 foot height limit (see attached renderin gs). These areas house e levator sh afts and elevnlor
equip me nt.
Sect io n 24-17 of the Land Developme nt Code states, "he ig ht of bu ild in g sha ll mcnn the vertica l di sta nce
fr om the applicab le beginning point o f meas urement to the highest po in t of a building's ro of stru c ture or
parapet, and any attachments th ereto, exclus1ve of ch imn eys". Accordin g to th at defi nit ion lhe on ly
portion of a stru cture that staff ca n app rove over 35 feel tall is a chimney. [ loweve r, the code and Ci ty
Charter all ows fo r a wa iver to tho height req uir eme nt s. Secti on 59 of th e City Charter states, "the City
com mi ssio n may ap prove, pu rs uant to 1hc app li cab le sec ti o n of th e City's l ~md development regul ation s,
reque sts to exceed th e max imum building height of thirty -fi ve (35) fee t for exterio r archite ct ural design
e leme nts, exterior de cks or porc hes within nonre s idential land use categorie s as de s ignated by the futur e
land use map of the adopted comp re hens ive pl~n. fo r nonre s id e ntial development." Section 24-156 states
excep ti ons Lo the 35 foot height limit , "sl1 a ll exclude signage, storage space or habitabl e space as defi ned
by th e Flo ridn l311i lding Co de." The C ity 's Buildin g O ffi cia l co ns id ers th e req uested except ions of the
he ig ht limit to be mec ha ni ca l in nature a nd not s ig nage, storage, or hnbitable s pace.
BUDGE T: None.
RECOMMENDATION: Con sider approva l of I 089 Atl anti c Bo ul evard Il eight Wa ive r
A'n -ACl lMENTS : I 089 At la nt ic Bouleva rd Waiver Applicat ion, incl uding exhi bits
REV l BWBD BY CITY MANAGER: -~~~-~t12"'""'----==r2f.~~ .... ~J4..._. ----------
Date
AGENDA ITEM #SB
AUGUST 24, 2015
APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER
7-24-15
City of Atlantic Beach · 800 Seminole Road ·Atlantic Beach, Florida 32233
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us
---------------------File No .. __________ Receipt-------------
Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a
specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with
such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of good cause, and
upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to
the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver
from these Land Development Regulations, the City Commission may require conditions as appropriate to
ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any
requirement or term customarily considered as a Variance or any requirement or term prohibited as a
Variance, and shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
1. Applicant's Name __ A_s_h_l_a_n_d_I_n_v_e_s_t_m_e_n_t_s----'-, _I_n_c_. -------------------
2. Applicant's Address _7_8_8_0 __ G_a_t_e_P_a_r_k_w_a__,y'----S_u_i_t_e_3_0_0----'--, _J_a_c_k_s_o __ n_v_i_l_l_e_F_l_3_2_2_5_6 ____ _
3. PropertyLocation 1089 Atlantic Blvd. Atlantic Beach, Fl 32233
4. Property Appraiser's Real Estate Number ___ 1_7_7_6_1_6_-_o_o_o_o _________________ _
5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation CM
7. Requestedprovision(s)fromwhichwaiverissought: Article III -Zoning, Subsection
24-156 -Exceptions to height limitations
8. Size of Parcel ___ 4_._6_5 _________ 9. Utility Provider JEA
10. Provide all ofthe following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2)
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printod "'typod ~~yandall Whitfield .
Slgnotnro(•)• ~ {,.::x..~
AGENDA ITEM #SB
AUGUST 24,2015
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Name: Randall Whitfield
Mailing Address: __ 7_8_8_0_G_a_t_e_P_a_r_k_w_a_y::._:_,_J_a_c_k_s_o_n_v_i_l_l_e __ F_L_3_2_2_5_6 _____ _
Phone: 9 0 4 -9 9 2 -9 0 0 0 Fax: 904-992-9389 E-mail: randallj 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 1 ) 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) 1 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. 11 Appurtenances on Buildings", are usually
required to be placed above the roof level of a building and not
intended for human occupancy. These 11 non-habitable 11 spaces allow
for maintenance to occur and are located away from the front or
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.
-----------·---·---····
OWNER'S AUTHORIZATION FOR AGENT
AGENDA ITEM #8B
AUGUST 24, 2015
_______ R_a_n_d_a_l_l_W_h_i_t_f_i_e_l_d ________ ~--is hereby authorized to act on behalf of
_____ A_s_h_l_a_n_d __ In_v_e_s_t_m_e_n_t_s_, _I_n_c_·----------'' the owner(s) of those lands described
within the attached application, and as described in the attached deed or other such proof of ownership ·as may
be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development
Permit or other action pursuant to:
Print Name
;70 C{-f'f&Z ~ Y COD
Telephone Number
0 Comprehensive Plan Amendment
EJ .. ~ ning Map Amendment
0 :Plat, Replat or Lot Division
0 Tre Permit
State of ,f/
County of )UJt.!a)
.,.
Signed and sworn before me on this :;J, L/ ~
By ~)JU)~
day of, 20L-=>
Identification verified: __ ·-fi~'--------
Oath sworn: ____ Yes -------'No
Notary Signature
,-oRH IITATUTOJW WAIIRAIH· .,a:p
(CORPORATE)
THIS INDENTURE, Made this 27th day of !1arch , A. D. 10 81 BETWEEN
ATLANTIC BEACH l1INI . STORAGE, INC.
a ·corporation org:anh:ed and existing under the laws of the State ot Florida
of the County o! Duval , State of Florida , party of the first part, and
ASHLAND INVEST~1ENTS, INC., a Florida corporation, 629 Atlantic
Boulevard, Atlantic Beach, Florida 32233,
of the County .. of Duval , Stale of Florida , party of the second part,
WITNESSETH: that the .said party of the first put, !or and in consfderatibn of the sum of
TEN and N0/100 -----------------------------------------------Bollars
to it in hand paid by the saJd part y of the second part, the receipt whereof !s hereb;
acknowledged, has granted, bargained and sold to the said part y of the second
part, l. ts successorS X~l:rand assigns forever, the :Col1owlng described lnnd, ~ituate, lying end
being in !he County of Duval , State of Florida, to wit:
·See Exhibit A hereto attached,
This Instrument was prepared by!
HARRY G. KINCAID
(1i!GHT, KINCAID, POUCilER & HARRIS
lO:lO American Herftage Building
Jacksonville, Florida 32202
And the said party of the first part does hereby fully warrant the title to said land, and will defend the
same against the lawiul claims of all .Persons whomsoever.
In W1tness Wheroof, the said party of the first part has caused this inStrurnen t to be executed in its
name by its President and caused l!s Corporate Seal~Ki>:mlX>ilXW~<&Jru0Y.XIo be hereto affixed
the day -and year first above written.
(CORPORATE SEAL)
~
By:
WITNESS my hand and ofiiclal seal !his •• ?-'?.:!:.!! day of _____ M<L'!:£0 __________________ ,,_,, ID.Jl.L.,
0 Jacksonville .
t ----------------------------------• County and~nforeso1d. « ~ .
~~~~;;-;;~d-!or.ih;~~~~;'A!;;~·;;id:
MyiComn'liission expires:
Holtry PuNic. 514\n ol flor..t. •t lu~"
~!:f C.mrRio.:O. h;>i.o» )(or. 16, 1%2
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AGENDA ITEM #8B
AUGUST 24, 2015
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EXHIBIT "A"
A part of the Castro y Ferrer Grant, Section 38, Township 2 South, Range 29
East, Duval County, Florida, more particularly de~cribed as follows:
For a point of reference ~ommence at the intersection of the Southerly
projec.tion of the Easterly right of way line of Hayport Road with the Westerly
projection of 'the Northerly right of way line of Atlantic Boulevard; thence
North. 89°19'35" East, along said Westerly projection of the Northerly right
of way_ of Atlantic Boulevard, and along the Northerly right of way line of
Atlantic Boulevard, a distance of 360,00 feet to the point of beginning;
. thenc.e North o•4o'25" West, a distance of 335.75.feet; thenc.e North 89.19 1
'3511 East, a distance of 382.27 feet; thence South 7'04'25" East, a distance
of 337,86 feet to the aforementioned Northerly right of way line of Atlantic
Boulevard; thence South 89°19 1 35 11 !vest, along said Northerly right of way
line a distance of 420.00 feet to the.Point of Beginning. ·
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AGENDA ITEM #8B
AUGUST 24, 2015
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SOUTI-I ELEVATION
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
BUDGET:
RECOMMENDATION:
ATTACHMENT:
CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM# 9A
AUGUST 24, 2015
Yvonne Calverley, Executive Assistant to the City Manage'IC!---
August 3, 2015
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 :fi:om City
staff and the Commission and will be included in each agenda for
consideration.
Special note:
• Town Hall Meeting scheduled for Saturday, October 3rct at 10 am in
the Commission Chamber.
• Photos ofNewly Elected Commission will be taken on Monday,
November 9th at 4:45 pm in the Commission Chamber.
• Swearing-in Ceremony-Monday, November 9th
None
Approve the 90-Day Calendar for September through November 2015
1) Mayor and Commission 90-Day Calendar (September through
November 2015)
MAYOR AND COMMISSION
September 2015
~L.:\D .\ Y \10:\D.\Y TL.ESD.\Y wlm~ESD.\ \" TIIURSD.\Y FRID.\Y S.\TCRD.\Y
~ .l ..... .&<o..aA---.. _ ... _ ..
1 2 3 4 5
6 7 8 9 10 11 12
Labor Day
Newsletter Due Due Date for
City Offices (Mayor) 9/28
Closed Agenda Items
13 14 15 16 17 18 19
Commiss ion Mtg
6:30pm
(lnvoc-Mark)
Videotaped
20 21 22 23 2~ 25 26
Due Date for
10/12
Agenda Items
27 28 29 30
Commiss ion Mtg
6:30pm
(Invoc-Hill)
V ideotaped
MAYOR AND COMMISSION
October 2015
SC:\D.\ Y ~[0:\D.\ Y TCI~SD.\Y \\;/E D;:\J ·:SD.\Y ~ · '_ -: :nJCJ{SD.\\' --~~~ ......... .-.-::ILI..-___J .....
J·RID.\Y S.\TCRD.\ Y
1 2 3
Town Hall Mtg
lOam
Chamber
4 5 6 7 8 9 10
Due Date for
Newsletter Due 10/26
(Mayor) Agenda Items
11 12 13 14 15 16 17
Commission Mtg
6:30pm
(Invoc-Daugherty)
Videotaped
18 19 20 21 22 23 24
Due Date for
11/9
Agenda Items
25 26 27 28 29 30 31
Commission Mtg
6:30 pro
(lnvoc-Beckenbach)
Videota ped
MAYOR AND COMMISSION
November 2015
SC :\0.\ Y ~[0:\0 .\ y Tl.ESD.\\· \\'E6~r~so ,\ Y--· · THCRSD .-\ Y FRID.\ Y S.\TL:RO.\Y ,._ .. _ .......... ~ ......... ,
-·· • !o,_, -~
1 2 3 4-5 6 Newsletter Due 7
(Mayo r)
Du e Date for
11/23
Agenda Item s
8 9 10 11 12 13 14
Photos-4:45 pm Veterans Day
Commission Mtg
6:30pm City Offices Swearing-In Ceremony
(lnvoc-Woods) Closed
Videotaped
15 16 17 18 19 20 21
Due Date for
12/14
Agenda Items
22 23 24 25 26 27 28
Commission Mtg
6:30pm City Offices City Offices
Videotaped Closed Closed
29 30