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11-9-15 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING November 9, 2015-6:30PM AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes ofthe Commission Meeting of October 26,2015. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Use-by-exception 15-UBEX-1066 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 1 011 Atlantic Boulevard. B. Use-by-exception 15-UBEX-1067 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 9. 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. Approve all employee insurances listed on the staff report effective January 1, 2016 through December 31, 2016 and authorize the City Manager to sign related insurance renewal documents. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 15-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE 42 INCH DIAMETER LIVE OAK TREE AT 381 3rd STREET AS A HERITAGE TREE. 7. Action on Ordinances A. ORDINANCE NO. 95-15-111, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 1 B. ORDINANCE NO. 20-15-133, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURCHASE OF 280 CAMELIA STREET, AND PROVIDING AN EFFECTIVE DATE. PLEASE NOTE: ORDINANCE NO. 95-15-112-Did not pass on First Reading-10-26-15. 8. Miscellaneous Business (Discussion only) A. Sign Waiver (715 Atlantic Boulevard). 9. City Manager A. 90-Day Calendar (November 2015 through January 2016). 10. Reports and/or requests from City Commissioners and City Attorney Recess of Retiring Commission Oath of Office for New Commission A. John M. Stinson-Commissioner Seat 2 B. M. Blythe Waters-Commissioner Seat 3 C. Mitchell E. Reeves -Mayor-Commissioner Seat 1 Call to Order of New Commission 11. Courtesy of the Floor to Visitors/Citizens 12. Recognition of Outgoing Commissioners A. Resolution No. 15-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR CAROLYN WOODS FOR HER DISTINGUISHED PUBLIC SERVICE. B. Resolution No. 15-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING COMMISSIONER MARK BECKENBACH FOR HIS DISTINGUISHED PUBLIC SERVICE. C. Resolution No. 15-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING COMMISSIONER MARIA MARK FOR HER DISTINGUISHED PUBLIC SERVICE. 13. Miscellaneous Items for Action A. Mayor Pro-Tem Appointment (Mayor Reeves) B. Appoint Commissioner to Chair the Board Member Review Committee (Mayor Reeves) 14. Miscellaneous Business (Discussion Only) A. Sec. 2-19 Rules of Conduct and Procedure at meetings (Mayor Reeves) B. COAB Community Redevelopment Area -Technical Advisory Committee (Mayor Reeves) 15. Announcement/Comments Adjournment 2 Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab located on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, fmms 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, November 6, 2015. 3 WELCOME To the Atlantic Beach City Commission Meeting We will conduct meetings of the City Commission with a level of civility and respect that the democratic process deserves. This allows for better public input and supports making the best decisions for the citizens who we are here to serve. We ask that everyone in the meeting practice the following principles of Respect for each other. RESPECT Retrain from putdowns, criticism and personal attacks Encourage others to state their views Support each other, even if you don't agree Practice active listening Express yourself assertively, not aggressively, not submissively Collaborate, do not compete or collude Trust each other, unless and until such trust is violated The New Managers Toolkit: 21 Things You Need to Know IN ATTENDANCE: Mayor Carolyn Woods MINUTES REGULAR CITY COMMISSION MEETING October 26, 2015 CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere City Attorney Richard Komando AGENDA ITEM #lA NOVEMBER 9, 2015 Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Woods called the meeting to order at 6:31 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Woods welcomed former Representative Stan Jordan and former Mayor Mike Borno who were in the audience. 1. Approval of Minutes A. Approve the minutes ofthe Commission Meeting of October 12,2015. B. Approve the minutes of the Town Hall Meeting of October 3, 2015. Mayor Woods asked if there 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. Mike Borno, 223 Ocean Forest Dr. N., addressed Ordinance 95-15-111 asking if the modifications were made excluding the property fronting Atlantic Blvd. and West 1st St. Mayor Woods stated that was conect and specific language has been included. Mr. Borno stated he appreciates what they did for West 151 Street because that had a high impact for a lot of people over there. He asked, for these other frontage lots, that they consider that a lot of these businesses get truck deliveries and a lot of these lots do not have the capability to turn large semis around in them. He stated they need to treat all of their businesses the same. Chris Jorgensen, 92 W. 3"d St., stated it is pretty much the last full meeting for some of the Commission which is the result of intended consequences. He stated they voted the way they did because they wanted those that would pursue more fact-based decisions rather than emotional-based decisions. He also addressed the effects of the El Nifio and La Nina atmospheric systems. Ross Weeks, 380 8th Street, acknowledged the Pancreatic Cancer Day stating his sister-in-law died from that. He addressed the Gate station expressing concern about criminal elements coming in related to a 24- hour business and stated he doesn't want to see the Beach Diner go away. He wants to see a business that is community involved and community friendly. John November, 271 East Coast Drive, gave an update on the short sale process for 280 Camelia St. He also reported Marsh Fest will be held November 7. October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page2 T .R. Hainline, 1301 Riverplace Blvd., representing Gate Petroleum, addressed Ordinance 95-15-111, stating they object to the access provision but do not object to the landscaping or lighting provisions in the ordinance. He stated this ordinance takes away access for approximately 30 non-residential properties in Atlantic Beach. He stated these properties are owned or operated as through lots with access on the front and rear streets and the ordinance takes away all new curb cuts and new building entries at the rear street. He stated the loss of access and uncertainty created by the ordinance absolutely results in a loss of value for these properties and, on these grounds, Gate objects to this ordinance. He stated voting for this ordinance exposes the City to takings and Burt Harris claims and potential liability. He stated when a through lot loses half its access, that is a substantial loss of access and under Florida case law that is a compensable taking. He also stated when a through lot loses half its access that is an inordinate burden on a vested right and, under Burt Harris Act, that gives a right to a claim under that act. He stated now that the ordinance exempts some properties they believe it should be re-noticed to affected land owners by mail or a map published with the notice to show the affected areas. He stated once you have exempted a piece of property from it, it doesn't apply Citywide anymore, so people should know when it applies to their property and they should get the appropriate notice for that. He stated they urge the Commission to vote against this ordinance or delete the access provision because it exposes the City to potential liability, there are unanswered questions regarding its application, and it should be re-noticed to let affected owners know they are affected by this Ordinance. Dick Hilliard, 338 11th St., addressed the Salt Air drainage project, stating all they needed to do was clean the swales but instead Public Works came up with a $270,000 stormwater drainage project. He also addressed the Seminole Road project stating they don't need a water main and you don't use curbs when you have open drainage. He stated they should just clean the swales up, make it look pretty, put up some good street lights, improve the sidewalks and put up some no parking signs so people won't park in the swale. Glenn Shuck, 104 Sylvan Dr., stated he is part of the Salt Air neighborhood group and ABC. He stated for the record he wants to clearly state their position--no gas station period. He stated it is not wanted or needed and has zero upside to the community. He stated they need to evaluate the impact this project has on safety for all involved as well as the impact on crime, the light pollution aspects, the increased traffic, the aesthetics, the environmental issues, as well as the impact on our local businesses, etc. He believes all correspondence between our City planners and Gate should be made public, if they aren't already. He suggested that Gate find a better use for this property that serves better the 80% of this community who are opposed to a mega gas station. He stated if they are truly neighborhood friendly as they claim, it would be nice if they built a sharp looking office building that fit our Atlantic Beach look. He stated he hopes once Gate realizes they can't build what they originally wanted here they can move on to more constructive conversations and planning that better suits all agendas. Paul Eakin, 599 Atlantic Blvd., stated he has heard that Gate has submitted development plans to the City for development of their convenience store next door to him. He stated they were drawn in such a way in hopes of depriving all of us of a public hearing. He stated these plans do not seek a variance or exception. He stated this is a project so large and controversial to our City that it cries out for a public hearing. He asked how can they stand by and allow this to happen and allow staff to decide this issue. He asked how can they not allow a public forum where everyone's voice is heard, not at a courtesy call before a City Commission hearing where there is no agenda item concerning this project before them, but a real hearing where the public is heard. He stated the Community Development Board (CDB) should take this matter up. He stated they have the duty, responsibility and authority to exercise supervisory control over planning and land use within the City. He asked the Commission to instruct staff to send these development plans on to the CDB after dealing with them for public comment and public treatment by the CDB. He stated the community needs to be heard. October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page3 Barry Adeeb, 501 Atlantic Blvd., addressed the site plan of the Gate Petroleum station. He stated it represents 19 parking places allocated for the Beach Diner. He stated the site plan of Atlantic Palms Plaza shopping center, where they were a tenant, had 90 parking places. He stated when Gate Petroleum purchased the property they received a special warranty deed which has an encumbrance for the Beach Diner lease. He stated the City of Atlantic Beach can't reverse what they did 18 years ago and they can't accept the notion and ignore the permit they issued, the lease that is intact that they receive money on, or the encumbrance that has been in place for one year since Gate bought that property, He stated he urges the Commission to deny their site plan and let them come back with 90 parking places as the encumbrance and the lease of 18 years, which has 12 years remaining, dictates. Lorraine Smith, 112 Poinsettia St., expressed concern about the proposed plan for the Gate Petroleum Corporation to build a mega gas station and convenience store in her neighborhood. She stated she believes this proposed plan would be detrimental to the safety and best interest of the Atlantic Beach corpmunity and especially will be negative for the ones who live directly behind or within that area. She stated she agrees that there should be a public hearing. Stan Jordan, 501 Atlantic Blvd., expressed concern about adequate parking and the mega gas station. He stated even if they resolve the parking there will be considerable backlash against a mega station of any configuration. He stated the Commission's leadership is needed. He stated as his partner, Mr. Adeeb, pointed out they have a lease for 12 years and because of that Gate got a significant discount on buying the property. He stated they have a permit issued by this body and the question he asks is can they issue a permit on top of another permit without that party agreeing. He stated the title to this property reflects clearly that Gate received consideration and it has an encumbrance. He stated there is a packet that will be passed out tonight from Mr. Adeeb that clearly shows the information they used in their presentation. He challenged them to verify that for accuracy. He asked them to look at the language of the existing ordinance to see if the proposed plan is making a mockery of the ordinance. He asked that they look at it and see how they have manipulated so they don't have to vary from their original intent. He asked that they get some community input. He stated the Commission can delegate authority to the staff but cannot delegate responsibility. He stated if they want to have a hearing they should consider having a large auditorium such as Atlantic Beach Elementary School. He stated he has 1100 emails from people who want to participate. He stated the plan before them will destroy the Beach Diner, which is a community treasure known by all. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Mayor Woods recessed the meeting at 7:21p.m. She reconvened at 7:23p.m. A. Proclamation Declaring November 13, 2015 "World Pancreatic Cancer Day" in the City of Atlantic Beach. Mayor Woods read the proclamation in its entirety and declared November 13, 2015 as World Pancreatic Cancer Day. She presented the proclamation to Alison Strother, volunteer with the Pancreatic Cancer Action Network. Commissioner Hill asked that the City post something on our website about the symptoms and literature regarding Pancreatic Cancer for the entire month ofNovember. 3. Unfinished Business from Previous Meetings October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page 4 A. Public Hearing-Deferred Item 15-CGTA-1060 and 15-CGTA-1061 amending the text ofthe Comprehensive Plan and Future Land Use Map related to Atlantic Beach Country Club Annexation. Building and Zoning Director Jeremy Hubsch gave a slide presentation on the Atlantic Beach Country Club Annexation and the amended future land use map showing the recreation/open space. He explained the action to be taken and stated he is recommending they vote to transmit both items to the Florida Department of Economic Opportunity for their review. Mayor Woods opened the Public Hearing. No one in the audience spoke so she closed the Public Hearing. Motion: Approve transmittal of 15-CGTA-1060, amendments to the text of the Comprehensive Plan, and 15-CGTA-1061, a revision of the Future Land Use Map, to the Florida Department of Economic Opportunity for review. Moved by Mark, Seconded by Beckenbach Mr. Hubsch answered questions from the Commission. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for August 2015. B. Approve a salary increase of3% for the City Clerk retroactive to 10/1115. C. Approve a salary increase of3% for the City Manager retroactive to 1011/15. Mayor Woods read the Consent Agenda. Commissioner Hill pulled Items B and C. Motion: Approve Consent Agenda Items A, as read. Moved by Daugherty, Seconded by Hill Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 PageS Commissioner Hill stated before they give any wage increases, he wanted to publicly acknowledge why they would do it. He stated he believes they have received extremely good performance and performance reviews and believes they both have done an excellent job. Mayor Woods stated the raise is in line with the raises the employees Citywide received. Motion: Approve Consent Agenda Items B and C, as read. Moved by Hill, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports A. Recommendations for Appointments to the Code Enforcement Board. Commissioner Hill explained they had a committee meeting and reviewed the candidates and have made the recommendations. City Clerk Bartle reported on the recommendations, stating the Board Member Review Committee would like to recommend appointing Richard Lombardi as a regular member of the Code Enforcement Board (for the unexpired term ending 9/30/2016); reappointing Benjamin de Luna to serve an additional term as a regular member on the Code Enforcement Board for the term ending 9/30/2018; appointing Kirk Hansen to serve as a regular member on the Code Enforcement Board for the unexpired term ending 9/30/2017; appointing Lindsay Norman to serve as a regular member on the Code Enforcement Board for the unexpired term ending 9/30/2017; and appointing Don Sasser as a regular member for the te1m ending 9/30/2018. Motion: Approve the recommendations for appointments to the Code Enforcement Board as read by the City Clerk. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods thanked the members for giving their time and serving on the Committee. 6. Action on Resolutions A. RESOLUTION NO. 15-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN MODIFICATION OF MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Resolution by title. October 26, 2015 REGULAR COMMISSION MEETING Motion: Approve Resolution No. 15-11. Moved by Mark, Seconded by Hill AGENDA ITEM #lA NOVEMBER 9, 2015 Page 6 Mr. VanLiere explained this is an amendment to the agreement that was passed last year where the DOT made an error in their spreadsheet which led to the amount of$53,315 that they would be paying us to help maintain some of their facilities. He stated this will be a $4,000 reduction due to their etTor. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 95-15-111, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF- STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-15-111 by title. Mr. Hubsch summarized the ordinance showing slides of the areas involved, the current perimeter landscape provision, examples of landscaping at McDonalds, lighting standards, and double frontage lots. Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Discussion ensued. Mr. Hubsch answered questions from the Commission. Mayor Woods stated she wanted to change the language (Sec. 24-84(d)) to read, "no increase in the number of curb cuts, however the locations may change with approval", instead of how it currently reads, "There shall be no new building entryways or new curb cuts ... ". Mr. Hubsch answered additional questions, stating the Community Development Board (CDB) workshopped this in July and August. He stated they have not seen the addition of the no new building entryways or new curb cuts, which it sounds like will be amended anyway. He stated they will run it by the CDB in ordinance format tomorrow so by November 9, they will have their official vote on the ordinance. He stated if they make a proposal tonight he will give them that as an option as well. Further discussion ensued. Commissioner Mark asked the City Attorney if this issue with the curb cuts could rise to the level of a takings claim. City Attorney Komando explained if they do limit curb cuts that is what the claim of a taking will be. He stated any zoning change that restricts a property owner's use can have the potential to result in a Burt Harris claim. Commissioner Mark stated, if this could expose the City, why would they include language like this when they are changing the ordinance. She stated if there is a mechanism for them to oven-ide this through the variance process, then what's the point in even having this. Mr. Komando stated the option to apply for a variance is not a defense to a Burt Harris claim. October 26, 2015 REGULAR COMMISSION MEETING AGENDA ITEM #lA NOVEMBER 9, 2015 Page 7 Motion: Approve Ordinance No. 95-15-111 with an amendment deleting any language related to curb cuts or entryways. Moved by Daugherty, Seconded by Beckenbach Mr. Hubsch answered questions from the Commission. Commissioner Beckenbach asked Mr. Hubsch to provide a report indicating the relationship of the number of curb cuts to the size of a lot. Discussion ensued. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED B. ORDINANCE NO. 95-15-112, Public Hearing and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE IV OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-233, MAINTENANCE SECURITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 95-15-112 by title. Mr. Hubsch explained the ordinance, stating this is just for residential subdivisions which requires a 100% maintenance bond for the cost of improvements. He stated it has come to their attention this is burdensome on developers and not in line with what other cities charge. He stated staff believes 15% is sufficient to protect the City from any construction issues; the CDB also reviewed this and recommended a reduction to 15%. Mayor Woods opened the Public Hearing. Mike Borno, 223 Ocean Forest Dr. N., stated his recollection is that they have been burned because they didn't have high enough bonds and that is why they instituted the 100%. No one from the audience spoke so she closed the Public Hearing. Motion: Do not Approve Ordinance No. 95-15-112 as read. Moved by Daugherty, Seconded by Hill Discussion ensued. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 20-15-133, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURCHASE OF 280 CAMELIA STREET, AND PROVIDING AN EFFECTIVE DATE. October 26, 2015 REGULAR COMMISSION MEETING Mayor Woods read Ordinance No. 20-15-133 by title. Motion: Approve Ordinance No. 20-15-133 as read. Moved by Daugherty, Seconded by Beckenbach AGENDA ITEM #lA NOVEMBER 9, 2015 PageS Mayor Woods opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Votes: Aye: 4-Beckenbach, Daugherty, Mark, Woods Nay: 1-Hill MOTION CARRIED D. ORDINANCE NO. 40-15-22, Introduction and First Reading AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. Mayor Woods read Ordinance No. 40-15-22 by title. Public Works Director Doug Layton explained the ordinance, stating per the Commission's request they have added maps of existing lines. He answered questions from the Commission and will get back to the Commission regarding policy amounts for liability, annual inspections, etc. Motion: Defer until next meeting. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) Item C was taken out of sequence and acted on at this time. C. Approval of Coastal Partnership Initiative Grant submittal. Mr. VanLiere explained the application for the grant does not have enough time to wait for another meeting. He stated it is for $30,000 toward the purchase price, if approved, but they need to get the paperwork in immediately. He stated there is no match other than the City purchasing the property. Motion: Approve the City Manager to execute the attached grant submittal as discussed. Moved by Mark, Seconded by Daugherty October 26,2015 REGULAR COMMISSION MEETING Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED AGENDA ITEM #lA NOVEMBER 9, 2015 Page 9 A. Use-by-exception 15-UBEX-1066 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 1011 Atlantic Boulevard. Mr. Hubsch explained the use-by-exception, showing a slide of the site. Discussion ensued. Mr. Komando explained growlers had been illegal until this last legislative session. He stated there had been a limit to how much these local craft breweries were able to sell that could be transported off the premises. He stated they just became legal and they are all now selling growlers; it is an emerging trend that they will see. Brian Slucker, 103 Quail Cove, Ponte Vedra Beach, applicant, explained his operation and answered questions from the Commission. It was the consensus of the Commission to move this forward to the next agenda for action. B. Use-by-exception 15-UBEX-1067 to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the Code within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 9. Mr. Hubsch explained the use-by-exception, showing a slide of the site. It was the consensus of the Commission to move this forward to the next agenda for action. C. Approval of Coastal Partnership Initiative Grant submittal. 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 (November 2015 through January 2016) Mr. VanLiere reported the only new item is a tentative Town Hall meeting on January 9. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • He stated on the insurance liability amounts, he believes $5million/$1 Omillion are better numbers but will let Mr. Layton decide on that. • Stated he really enjoyed working with all of the departing Commissioners. Commissioner Beckenbach • Thanked staff for moving very quickly forward with the recreational easement and feels comfortable with what they are doing. He stated he believes this is for the people of the future of Atlantic Beach. October 26, 2015 REGULAR COMMISSION MEETING Commissioner Hill AGENDA ITEM #lA NOVEMBER 9, 2015 Page 10 • Stated there was a very restrictive and uninviting appeal to the VIP area at the Air Show, which didn't sit well with the general public who bought all those jets. He stated there were a substantial number of posts about this on the internet and a lot of unhappy people who couldn't access the premiere vtewmg area. • Asked that the City Attorney and the Commissioners look further into the issue with Gate. He stated the idea of letting the citizens have a big forum is a fantastic idea except there may not legally be a mechanism for that other than a rally and anyone can rally at any time. He stated he, personally, will be doing everything he can to make sure that the quality of life stays the way it is, but they are restricted legally. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:41p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 15-UBEX-1066 iJ(}j Jeremy Hubsch, Lilding and Zoning Director October 9, 2015 None AGENDA ITEM #3A NOVEMBER 9, 2015 BACKGROUND: The applicant is requesting to open a store for the retail sale of craft beer at 1011 Atlantic Boulevard. The store will feature 40 taps where customers can come in and sample up to six one-ounce samples and then have a container (growler) filled for the customer to take home. The growlers range in size from 32 ounces to 128 ounces. The applicant is required to obtain a Use-By- Exception per Section 24-111 ( c )(3 ), which states one is needed for, "on-premises consumption of alcoholic beverages" within the Commercial General zoning district. In this case, the retail sale of beer would be allowed by right, but the drinking of samples in the store results in on-premises consumption. The proposed store is located within the LA Fitness shopping center, which includes a few restaurants that currently serve beer, wine, and liquor. The closest residential properties are townhomes located in the rear of the shopping center along Cavalla Road. The shopping center cuiTently has more than enough parking per city standards. There will be no changes to ingress or egress. The outside of the unit is maintained by property management, including trash. The applicant has stated their hours of operation would be approximately 11 AM to 11 PM. Section 3-2(a) of the city code prohibits the sale of alcohol between 2 AM and 7 AM. The Community Development Board will review this request at their October 27th meeting. CDB recommendations will be presented to the Commission at the November 9th Commission meeting. BUDGET: None. RECOMMENDATION: Approve UBEX-15-1066 ATTACHMENTS: CDB Staff Report and Application ' REVIEWED BY CITY MANAGER: _·_-;L_,_J_.tz-"-< __,~_,10<.4="'-'-?'-----VC),__,UL-t=· · ~4---------- AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.C 15-UBEX-1066 AGI~NOA ITEM #3A NOVEMBim 9, 20 15 R equest f or use-by-exception as p ermitte e/ by Sectio n 24-111 (c)(3), t o a llow on - pre mises co ns umption of a lco holic be ve rages in acco rdance wit h Cha pter 3 of t he code within the Comm ercial Gen era l (CG) Zo ning Dis trict a t 1011 At lantic Bou le vard. 1011 ATLANTIC BOULEVARD B rewz LLC October 7, 2015 DEREK W REEVES, PLANNER Th e appli ca n t is Bri an Slucker, a partner in Growler LLC . Th e ap pli cant is requ estin g to op en a s tore fm· the reta il sale of cra ft bee r at 1011 Atla nti c Boul eva rd. Th e s tore wi ll fea ture 40 taps wh e re custom e rs ca n com e in and sampl e up to 6 one oun ce sa mp les a nd th en have a container filled and sealed fo r th e cus to me r to ta ke hom e. The conta in ers range in s iz e from 32 oun ces t o 128 oun ces . Hours of oper a ti on woul d be ap proxima t ely 11 AM t o 11 PM . Th e a pp li cant is required to obtai n a Use-By -Exce ption p er Sec tion 24-111(c)(3), whi ch s ta tes one is need e d for, "on-premises co ns umpt io n of a lcoh oli c beverages" wi t hin t he Comm ercial Ge neral zo ning di s b·ict. In thi s case, th e r eta il sa le of beer w ould be a ll owed by r ight, but th e dri nkin g of sa mpl es in th e s tore re s ults in on -pre mi ses con s umption . Th e s ite is lo ca t ed wi thin at1 exis t ing co mm er cial s hoppin g ce n ter wi t hin the Commercia l Gene r al zo nin g dist rict. Within th e s hopp ing center is a mi x of r etail s tores, res ta ur ants and services includin g a gym a nd den ta l offi ce. A coup le of th e restau ra nt s a lr ea dy se rv e bee r, win e a nd liquor in the s hoppi ng ce nter. Th e clo ses t res id enti al is s om e to wnhom es loca ted in the r ear of th e shoppin g ce nte r. Impac ts to th em would lik ely be limited to d eliveri es, th ou gh th ey already ex pe r ie nce deli veri es fr om all of t he oth er bu s in esses in th e s ho pping ce nter and oth e r uses allowed by ri gh t in thi s un it would have deli ve ries t oo. Sha red pa r kin g is provi ded by t he shop ping cente r . Th ere will be no ch anges to in gr ess or egress. Th e outs id e of the unit is ma in ta in ed by properly manag em e nt includin g tras h. Th e app lic a nt has s ta te d t heir hours of op eration wou ld be a pp r oximate ly 11 AM t o 11 PM . Sec ti on 3-2 (a) of th e ci ty cod e proh ibits th e sa le of alc oho l betwee n 2 AM a nd 7 AM. SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEM #3A NOVEMBER 9, 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-1066) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 1011 Atlantic Boulevard 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 denial to the City Commission of a requested Use-by-Exception (File No. 15-UBEX-1066) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 1011 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 2 of2 APPLICATION FOR A USE-BY-EXCEPTION City of Atlnntic Bench · 800 Seminole R on cl · Atlnntic Bench, l?Jo l'idn 32233-5445 PJ10n c: (904) 247-5826 · Fnx: (904) 247-5845 · Website: www .coab.us AGENDA ITEM #3A NOVEMBER 9, 201 5 Ontc _ia..::f~'Z-~:....:I:.__Z_0_1_5' ____ J?il e No . _________ Receipt ________ _ 1. Applicnnt's Nnmc ~r '"-II\ S\_,c..k...Y 2 . Appli ctmt's Addrcss (0-1 !"'o..L(QIIL-~(! 32 0~2.... . J!JL 3. PropcrlyLocntion ~~~ Af-l~bs. l!_'-'t{ JJf'/iif' IA1\,.J. ' J'- 4. Prope r ty Apprniscr's R cn l Estn lc N umber t11,02.-00~0 Bl oclt No. _____ Lot No.,___;t:;:;;__ __ _ S. C urre nt Zoning C ln ss iri cnt ion _&o{_5,__ ____ 6. ~ompreh en s i ve P lnn Future Lnnd Use designAti on ___ _ 7. R equested Use-by-Exception (up z. z.q-'" G 3 8. Sb:e of J>nr cc l ( ut( C. -'i tr 9. Utility Provider 10. Stntement of fncts nnd sp ec inl r ensous for the req u es ted Use-by-Exception, whi ch d ern onstrntes co mpli nn cc with Sect ion ;2 4-63 of the C ity of Atln n tic Bench Co de of Ordiunnccs, Zoning nnrl Subdivision R eg ulnti ons. Attnch ns J•:x hibit A. (The Htl:l ched guide mny be used if des ired. Plen se address enc h item, ns npJl roprintc to thi s reques t.) ll. Provide nil of th e foll ow in g inform nt ion . (All informntion mus t be provid ed b efor e nu npplicntion Is schedu led for nny publi c hen ring.) a. Site Plan s howin g th e locn!lon of nil s tructures, tempornry nnd pennnnent, in cludin g se lbnd<s, building h eight, number of s tories nml squnre foo ht ge, imper viou s s urfncc nren, nnd ex is tin g nnd/or p ro posed drivcwnys. Identify nny existin g sh·uctm·es nnd uses . b. Proof of own er ship (deed or certifi cn tc by lnwy er or nbstrn ct compnny Ol ' titl e co mpnny th nt ve rifi es r eco i'CI owner ns nbove). If the nppli cn ut is not the owu cr, n letter of nut horizntl on from th e own er (s) for npplicau t t o r epresent th e owner for nil purp oses r ein ted to this npplicntion must be provided. c. S urv ey nnd l cgn l description of property so ught to be rezo ned . (Attnch as Ex hi bit B .) d. Required numb er of copies. (Two (2) co pies of nil d oc una cuts thAt nrc not Jnrgc r th nn JJ x 17 in ches in size. If plnns OJ' photog r nphs, ot· co lor 11ttnchmcn'ts nrc s ubm it ted, plcnsc provide eigh t (8) cop ies of th ese.) c. Applicn ti on Fcc ($350.00) l HERI.WY CERTIFY THAT ALL JNFORMATION J'ROVIDE D WIT H TliiS AP I'LJCA TION I S C ORRECT: Sign nture of ow uer(s) or nutho ri zcd perso n if ownct·'s nuth ol'i zn tion form is nttn ched: P dn"d ... typed"'"''('~ ~ ( vda(' Signnturc(s): ~ ADDRESS AND CONTACT INFORMATION OF I'EnSON TO llliCEIVE ALL c ommSP ONDENCE REGARDING ·nus APPLICATION Nnm e: flr-,!1\(/\ 'lvdU~ MnilingAddrcss: Co] ~.J"" ( c)\1(... ea~.k Jtfl.r~ t!w<" FJor.c.(e._ ~"2D«a'l... Phone: (g,'l)"Z.{l ... 'J~"fjAX: (113} ( '4 ~ tll S E-mail : Shrc..kt..-b(p 1&.~00 • co~ EXHIBIT A AGENDA ITEM IIJA NOVEM8Eil9, 2015 T he r eview of an application for a Use-by-Exception sha ll consider the followin g items. Please address each of the following as applicable to your specific apJ>lication. 2. Parkin g and Loadi ng Spaces, where required, with parlicul ~ attention to tho items in (I) above. -Pt'optd: '1 Ml"""1Lirif4-l: b2 7t"(!. "'t (~ .. ~ J lA d.JScJ( ~1'+ '<~· 4. Refuse, tra sh co llection an d serv ice areas, with particular reference to it ems (I) and (2) above; P ·ttP.I)Sfl£ b·1 pro~d· '1 """h~cJ=!.W.wt" 5. Utilities, with reference to loca ti ons, avai lab ility and co mp atibility; __:U '''*" sE-on. hokl- 6. If adj acent uses are differe nt types of uses, describ e typ e of screen ing and bu fferi ng !hat will be provided betwee n your use an d !he adjacen t use. {ell I h•io' rs I" p/g)!. 4 ' 1/1( f,J{ I I rcsrM.c f.. ~ tt k111q "'h. '" Mot I' 7. Signs, if any, and proposed exterior li ghti ng, with refe rence to gla re , traffic safety, economic effects and compatibility nd harmony with properti es in the Distri ct; (S ee Sig ns and Advert is in g, Chapte r 17 .) ,. ~-·~ '-~0 tA) • ~ 0 ., 8. Requ ired Ya rds and other Open Space. Show buildin g setb acks and areas of open space on site plan. 9. General compa tibility with adjacent properties and ot her property in th o su rro undin g Zon ing District as we ll as co nsisten cy w ith applicab le pr ov isions of th e Co mprehe nsiv e Plan. ...,t "'~~"'W O'tl ae i 1-1 blc.. ""'•t-h cdl b-JqN.(.$<.1 ak\ plrc'2A• 1}u"t. 1$. t, y4r' lOa. c\Jtr .. VtH? IM Hi lMilft · \JI./4. v-' 1 t h I "f' ~ ~r -'v-I r ~r ""' ],. ooz o-, I r f. foJ" ~M.. ( 0'\ c "~/-to"l. Tfo• 'S of-btx~h<>"-....,r lr ~ppN)(.. ~ II .. If ~WI AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LINK: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 15-UBEX-1067 f''11 Jeremy Hubsch, Building and Zoning Director October 9, 2015 None AGENDA ITEM #3B NOVEMBER 9, 2015 BACKGROUND: The applicant is Cantina Louie, a full service family style Mexican restaurant to be opened at 725 Atlantic Boulevard, The Atlantic Theater Shopping Center. This will be the second location for the restaurant, with the other located in St. Augustine. As part of a full service restaurant, they will serve beer, wine and liquor in addition to a full menu of prepared food. The applicant is required to obtain a Use-By-Exception per Section 24-111(c) which states a full service restaurant with beer and wine sales only would be allowed by right at this location, but sale of liquor requires a Use-By-Exception. The site is located within an existing commercial shopping center within the Commercial General zoning district. Within the shopping center are two other restaurants, The Fish Company and North Beach Bistro, as well as a recently approved veterinary clinic and a mix of retail uses. The previous use within the unit was the restaurant, Pucket Cafe. There are no residential uses immediately adjacent to the unit. Shared parking is provided by the shopping center. There will be no changes to ingress and egress. The area outside of the unit is maintained by property management including trash. They are open daily from 11 AM to 9:30 PM. Section 3-2(a) of the city code prohibits the sale of alcohol between 2 AM and 7 AM. The Community Development Board will review this request at their October 2i11 meeting. CDB recommendations will be presented to the Commission at the November 9th Commission meeting. BUDGET: None. RECOMMENDATION: Approve UBEX-15-1 067 ATTACHMENTS: CDB StaffReport REVIEWED BY CITY MANAGER: _~'~J._/v;:..L-',:_____:_u-=-~-'---'--'----"dl""'-----'-'';=!'-1.../~--------- "GENDAITEM CASE NO LO CATION APPLICANT DATE STAFF STAFF COMMENTS CITY OF ATLANTIC BEACH COMMUNITY DEVEL OPMENT BOARD STAFF REPORT 4.0 15-UBEX-1067 AGENDA ITEM 1138 OVEMBE il 9, 20 15 Requ est for IISe-!Jy-excepLion as permitted by Section 24-111 (c}{3}, to all ow on- premises co nsumption of alcoholic beverages in accordance with Chapter 3 of th e code within the Commercia l Genera l (CG) Zo ning District at 725 Atlantic Boulevard, Unit 9. 725 ATLANTIC BOULEVARD, UNIT 9 Cantina Louie Oc tober 7, 2015 D EREK W REEV ES , PLANNER The appl icant is Ben Porte r with Ca ntina Lou ie, a fu ll serv ice fam il y style Mexican restaurant to be opened at 725 Atlantic Bo ul evard, Unit 9. Thi s will be the second locat ion for the restau r ant w ith the othe r locate d in St. Augustine. As pa rt of a full servi ce restaurant, they will serv e beer, wine a nd li quor in addition to a full menu of prepared food. The appli cant is required to obta in a Use -By-ExcepUon per Section 24-111(c)(3), w hich states o ne is needed f01 ·, "on-premises consumption of a lcoho lic beverages" withi n t he Co mm ercial Genera l zo ning di strict. To clarify, a full ser vice restaurant with beer and w ine sales on ly would be allowed by right at this location. It is the sa le of liquor that requires a Usc-By-Exception. Th e sil'e is located within an existi ng commercia l s hoppi ng ce nte r withi n the Commerc ia l Genera l zon ing di s tri ct. Wit hin the s hopping ce nle r a r e two other fu ll service resta urants, Th e ri s h Comp a ny an d Nor t h Beach Bis tro, as well as Lh e r ece ntly approved vete rinary cl inic a nd a mix of r e tai l uses. The previ o us use within th e unit was the r es taura nt, Pucket Cafe. Th er e a rc no res id entia l uses imm edi ately ad jace nt to the Llnit. Sha red parking is provided by the s hopp in g cente r. The re will be no changes to ingress and eg ress. Th e area ou tsi d e of Lh e unit is ma inta in ed by pro perly management includin g tra s h. The applicant has prov id ed a recen t sa les report from Lhcir St. Augustine location which s hows food sales above 77 percent. Liquo r sa les were about 12 percent. They a re ope n daily from 11 AM to 9:30 PM. Sectio n 3- 2(a) of t he ci ty code prohibits the sa le of a lcoho l between 2 AM and 7 AM. SUGGESTED ACTION TO RECOMMEND APPROVAL AGENDA ITEM #3B NOVEMBER 9, 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-1067) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Unit 9 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 denial to the City Commission of a requested Use-by-Exception (File No. 15-UBEX-1067) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Unit 9 provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. Page 2 of 2 APPLICATION FORA USE-BY-EXCEPTION City of Atlnntic Ben ch · 800 Seminole Rond · Atlnntic Bench, Florid n 32233-5445 Ph one: (904) 247-5826 · Fnx: (90·1) 247-5845 · Wchsile : WII'W.co!l b.us AGENDA ITEM # 30 NOVEM BER 9, 201 5 Dntc -----------Fil e No .. ___________ Receipt __________ _ 3. I~I'Ofle•·t y Locntlon 4. P•·o perty Apprnise•·'s Renl Estnlc Number /7/36'3 -OOOQ Ol oc l< No . _____ Lot No. ____ _ 5. C nr r cnt Zo nin g C ln ss lficntion ACG 6. Comp•·c hens h•e J'l all Future Land Usc dc ~i g n nt i o n ---- 7. Req ues ted Usc-by-Exce ptio n ~OP -SR't-Ltc£N,......, __________________ _ 8. Size of Pnrccr _fu.6u.5u-5w0"'-3l--______ _ 9. l ltility Provider J fA,. COAB 1 ]fca 10. Stntement of fn cts nnd SJleeinl rcn so us fo•· the requested llse-by·Excer>tion, which dcmon strntes compllnn cc with Sec tion 24-63 of the C il y of Atlnntlc llcnc h Co de of Ot·dinnnccs, Zoning nnd S ubd iv ision Rcg ul nt ions. Altnch ns Exhibit A. (The nttnchcd guide mny be used If d esi r ed. l'len se nddrcss e nch item, ns nppropl'inte to this request .) II. Provide nil of the follo win g lnformntion. (AIIinfot·mnt ion must b e prov ided befo•·e nn npr>ll cn tion is sc hed uled fo •· nny public hearin g.) u. S it e l,lan s howin g th e locn tl on of nil s u·ucturcs, temp ornry 11nd pcrm nncnt, including sc tbarl<s, buildin g height, numbCI ' of s tories nnd s qunrc footn gc, Imperviou s s ul'fn ce nrcn, nnd existing nnd/o 1· proposed dl'lvcwnys. Identify nny ex istin g stru ct ures and us es. b. P•·oof of ow nership (deed or ce rtificat e by lnwy c t• or nbstrncl company Ol' titl e compnny thnt verifies 1·econl owner ns nbovc). If the nppllcnnt is not the owner, n lett er of nuthorh:ntion from the owner(s) for npplicnnt to represent the ownet• for nil ptll'poscs rein ted to this npplicntlon mu s t be provided. c. S urvey :md lcgn l de sc ription of property so ught to b e rez oned. (A ttnc h ns Ex hibit B.) d . Required num be r of cop ies. (Two (2} co pies of:1ll d oc um ent s tl1:11n re not larger thnn II x 17 in ch es In size. If plnn s o1· photog mphs, o•· colo•· nttnchmcnl s nt•e s ubruittcd,lllen sc provide eight (8) copies o f these.) c. Applicntinn lice ($350.00) I HEREBY CEil't'lliY THAT ALL I NFORMATION flROVIDEO Wl'HI THIS APPLIC ATION IS CO RRECT: ADlllU~SS ,\ 'll ('Oi'\TACT II FORMATI ON OF l'lo:R SON TO IU ~CE I\'1-: 1\J ,t. COIUU~SI'ON OENCE HEGA IWI I\'G TillS AI'I'I.ICI\'J'JON Nnme: UbiVfl/A LowE #a~ /..6(. Arw : flahJAM/N ,), emR Mniling Address: Ll/;2,/~ $I 1\1 dACk'$0AJY{U f 8FACI-11 [L 3Jl .. oJ.'O"'----------- Jlhou c: 70'-1· om . 73 17 FAX: Cfalf . 2~6 . ~LIM E-mnil : Bw .ggrr((@ PMG. ci A)< I CW\ EXHIBI T A AGENDA I T EM #38 NOVEMBER 9, 201 5 The t•evjew of l\11 a pp li ca ti on fo r a Usc -by-Exception s hall co ns id er th e foll ow in g items . Pl c<t sc a ddress cuc h o f the foll owin g as a pplic1tblc to yout· s p ec ifi c a ppli cation. I. Ing ress and eg ress to property and pro posed S tru ctures thereo n with partic ular re ference to vehicu la r and pedes tria n snfot y a nd co nve nience, trn l'li c now and cont rol and access in case of fire o r catastrop he. 3. 6. If adja cent ltses arc d irl e rent be twee n your usc und th e in (I ) above. • 1 rt ics gcnern ll y in the nren res ult ing hamc tcris ti cs o f the l so-by-Excep tion pro '< ex teri o r I ight in g , wi th re fe rence to glare , tra ffi c sa te ty, eco nomic eff ec ts and w ny wi th pro pert ies in th e Di stri ct; (Sec Signs nnd Ad ve rti s ing, Chapter 17.) 8. Show bu ild ing se tba cks a nd nr·ens o f o pen space on s it e plan. 9. Ge ne ral co mp at ibility with adja ce nt pror ert ies and oth er prop erty in th e Sli i'I'Oundin g Zonin g Dis tri ct us we ll as co nsistency with appli cable prov is ions of th e Com prehens ive Plan . ----------- O ther information you may wish to prov ide: ---------------------- Ca ntin a Loui e #02, LLC . 4 1 2 1s t St. N. AG ENDA I 'I'EM #38 NOVEMBER 9, 201 5 Jackso nvil le Be ac h, FL 322 50 09/30/20 15 To Who m It M ay Co nce rn : This l ett er Is t o serve as all necessa ry info rmat ion that is r equeste d upon sub m ittal of t he "Ap pli cation fo r a Use-By -Exceptio n" Exhibit A. This appli catio n Is fo r the zon in g app roval for a 4COP -S RX li ce n se . The prop ose d loca t ion Is t o occupy the spa ce fo rm ally h eld by ano t he r f ull -ser vi ce res t aurant (Pucket Ca fe). The space Is loca t e d w ithin the No rth Beac h st r ip ce nter o n At lantic Bl vd bet ween two ad dit iona l full-servi ce re~t a u ra n ts (No rth Beac h Bi stro an d Th e Fish Co.). The p roposed loca ti on wi ll be the 2nd loca ti on fo r Ca nt in a Louie. 1. In g r ess and egress w ill no t b e alter ed In any way from t he p revi o us t enant. 2 . Pa r ki ng and load ing spaces will not b e altered In a ny w ay. 3. Adjoini ng spaces w ill not be af fec ted as they h ave had prev iou s full -service restau rants bes ide the m in t he pas t. Th e r e wil l be n o excess ive noi se as we d o not provide any li ve entert ai nme nt, DJ s, etc. 4. Tras h co ll ec ti on is m ai n ta in ed by the ce nte r a t the r ear o f the b ui lding. 5 . Utili t ie s h ave alrea dy bee n se t -up with JEA, Tec o Gas, and t he Ci t y of Atlanti c Beach. 6. Th e adjace nt spaces are se p ara t ed with a fi re w all t hat w as n o t altered In any way. 7. Ex t erio r slgn age w ill co nform to all loca l b uil ding r eg ulat ion s and has bee n contrac t ed by a loca l l ice nse d sign company. No t e mpora ry sign age has been In st all e d. 8. See site plan. All yar d m ai n te nance I!> ma inta ine d by t h e building owner . 9 . Ge nera l compati bilit y sha ll be the sam e as the p r evio us res t aura nt an d their r elationshi p w i th surrounding areas . AGENOA ITEM# 38 NOVEMBER 9, 2015 Cantina Lo uie is a fam ily es t ablis hm ent that opens from 11:00a m -9:30pm dally. I have Incl uded In this package ou r sa les report from the St. Augustine location which shows food sales abo ve 77%. We strongly f ee l w e wil l be a great fit for the Atlantic Beach community and can't wait t o serve you i n t he ne ar future. Thank you, Benj, In J. P rt r PMG Jackso nville, In c. Office-904.246.6454 Mobile -704.560.7317 Be n.Por ter@PMG·Jax.com ... Jo:XllllliT "B" NOH.Tll HI~ACH ( 'Jt:NTRR COMMf·:t~CJAL LEASE Sl'fl~ PLAN OF SHOJ•PJN(; CENTim ·.i 0 ·~ 0' ,, t a.• ,,I ... ~~ ·, \ 1. ~,I " ,·J, '1 I \· i ..•.. -t ···--·· ...... p ... 30 . ". ~· I I I~ !! A GENDA ITEM # 38 N OVEMBER 9, 201 5 ... ~ .. , AKI'ICLE 1 HASIC Lfi:ASJI: PftOVIS IONS, I)JI:FINITIONS ANI) JI>I~NTIFJCATION OJ~' EXHlHJTS 1.1 BASIC U CASE PllOVISIONS A. SllO PPI NG CENTER ANIJ ADDRESS: NORTH BEACH CENTER 725 At l on tic 13o ul cvard 1\l iRntic fk uch, fl orida 32233 •' H. L AN D LORD AND ADDRESS /\NO TFLEP I JON I ~ NUMBEI~S: ATLANTI C-PENMAN, LJ.C 500 Sou th 3"1 Stree t Ju cksonvil ll.: Bcm.:h . F lorid a 322)0 'J 'c lc phonc n l llll bcr: (904) 260-3080 Fax num b~.:r: (904) 24 1-110 I C . T I ·:N/\N'J' AND CURRl ·:N T /\D D R I ~SS AND 'I Et.J·:J>IJ ONE Nl JM IHmS: C:~!ll lin a l .o uk: #2 , I .l .C _i!).J_s' Strcct . ....:N~l=ll..:.:·ll..:....l ----- )ucksonvi ll c Beach, FL 32250 D: DATE OF LEASE: .l uly 29, 20 15 E. TENANT'S B US I NESS: Mcxi cun Rcsw um nt F. TENANT'S TRADE NAME: Cu nti nn Lo uie AGEN DA I TEM # JB NOVEM B ER 9, 20 15 G. DEM I SED PI WM ISES: T ho se p remises erected o r h ~rcHfkr to be cnx:tc d i n t he Shoppinp Cen ter consisti ng ~·f u s to~·c h aving u .OoM t~rca of 11 'PJ:oximntc ly 3.000 S((LIIII'C feet , a nd k nown us [)puce, Sto re, or I J111t N umber 09 umts 09 & 10 arc com bin ed us onl: uni tl . I I. l .I ~ASE T I ~RM: §2 nwn1hs aud 15 dr.y s. I. COMMENC I ~MEN'J' DATE: Aug u ~t 1, 2 0 15 J. J\NTIC IPJ\'I'ED DELIVE RY DATE: A ug ust I , 2015 K. /\CTlJ/\1. DELI VERY DATE: The date the D emised Premises nrc uclun lly dc livcrt·tl by La nd l ord to Tena nt us pro v ided i u Arti cle R be l ow. 1.. TEHM INAT ION DATE: The cxpimt inn da te of th e Lcusc Term , which is exactl y 6:2 mon th s & 15 c.J ays mo nt hs fo il ow1 ng th e Commence ment IJ utc. tvl. MONT II LY B/\SE REN'I /\N D RHNT ESCALATI ON: Sec Atldcnduu l N . PR I!>PA(() R I ~NT: Four 'J'ho usuncl Nine I Jundrccl Forty-cigh l nnd 75/1 OOt hs Dollars ($4,CJ4H.75), w h ich wi ll he upplied to the Is' Mon th 's Rent. (b use+CAM+tnx) 0 . SECURITY D EP OS IT: N in e T ho usand T w<> llundrc d Fitly und 00/IO Oth s Dollars ($9.250 .00). (hase ·l CAM) P. BROKERS AND ADDRESSES: Stra teg ic Si lt:s & 11ct rll Manag<:mcnt 2 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Employee Benefits -Insurance AGENDA ITEM# 4A NOVEMBER 9, 2015 SUBMITTED BY: Catherine Berry, Esq., Human Resources Director eft DATE: BACKGROUND: BUDGET: October 22, 2015 For the 2015 renewal (last year), our insurance broker, Harden, contacted the major providers of medical, dental, vision, life & voluntary life and short-term & long-term disability insurance serving Northeast Florida. The City currently pays a substantial portion of the premiums for medical insurance and the total premiums for basic life insurance, which includes a free Employee Assistance Program. The Commission last year approved a switch to United Healthcare for our health insurance provider, which represented a $160,000 savings over the then-current Florida Blue provider and approved staying with Standard as our life insurance carrier. In addition, the Commission approved the following voluntary benefit providers, which are paid 1 00% by the employee: Dental: United Healthcare Vision: Remained with Humana Supplemental Life: Remained with Standard Short Term and Long Term Disability: Remained with Lincoln Supplemental plans: AFLAC Our current health insurance provider, United Healthcare, proposed a 14.2% increase in premiums, but our broker, Harden, was able to negotiate them down to 9%, which is within the market trend. I recommend that we remain with our existing carriers and offer the same plans as we offer currently, as described in the attached Executive Summary. Ifthese recommendations are approved, the total cost to the City for premiums paid for health insurance, over those paid this year, is $66,891, which is under the amount budgeted. The cost to the City for basic life premiums over those paid this year will remain the same. RECOMMENDATIONS: 1. Approve all employee insurances listed below effective January 1, 2016 through December 31, 2016. 2. Authorize City Manager to sign related insurance renewal documents: City Sponsored: Medical -United Healthcare 1 Life & Supplement Life (EAP is included) -Standard Voluntary Products: Dental -United HealthCare Vision-Humana Supplemental Life-Standard Short and long term disability-Lincoln Supplemental Plans -AFLAC ATTACHMENTS: Executive Summary REVIEWEDBYCITYMANAGER:~1 U~ c?~ 2 AGENDA ITEM# 4A NOVEMBER 9, 2015 CITY OF ATLANTIC BEACH Executive Summary October 22, 2015 Medical Cur rent United Healthcare Plan Renewal United Hea lthcare Plan (9% increase ) Employee contributi o n = $183,329 or ,.,.,.,.,.,,,,...,,.t .. 1" 23 % Life I AD&D Current Standard lifei AD&D Ren ewa l Standard LifeiAD&D (no change ) EAP Recommend EAP with life-Standard ($.35/EE) (no change) Dental Current Unite d HealthCare Pl ans Recommended United Hea lthCare Pla ns (2.3% Increase) Supplemental Life I AD&D Package Current & Recommended Standard Vol. LlfeiAD&D VIsion Current Hum ana Recomm ended Hum ana (no change} Voluntary Short and long Term Disability-Lincoln Supp l emental Insurance Pl ans (Cancer, Accident, Hospitalization, Critical Illness ) -AFLAC 3 $500 $24,249 $24,808 Rat es Vary by Age $6,22 0 $6,220 Rates Vary by Age Rate s Vary by Age A GENOA ITEM # 4A NOVEMBER 9, 201 5 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution 15-12 Heritage Tree Designation (381 3rd Street) Jeremy Hubsch Building and Zoning Director October 23, 2015 AGENDA ITEM# 6A NOVEMBER 9, 2015 The owner of 3 81 3rd Street is seeking to nominate an oak tree on their property as a Heritage Tree. They have a Live Oak that is approximately 42 inches in diameter in their back yard. The owner estimates that the tree is approximately 100 years old (see letter, exhibit 1). According to Section 23-41 (a) "The City Commission may by resolution designate individual heritage trees." A Heritage Tree designation does not prevent a tree from ever being removed, but it does make it more difficult and costly to remove. Protected trees have to be mitigated at a rate of one inch for every two inches removed. A Heritage Tree has to be mitigated at a rate of one inch for every inch removed. According to the Atlantic Beach Tree Code definitions, Heritage Trees are "any tree determined by the City Commission to be of unique or intrinsic value due to its age, size, species, and/or cultural, ecological or historical significance or some other contribution to the city's character, specifically including all Cypress, Live Oak, and Magnolia trees with diameter 30 inches or greater". However, that is specifically for trees on city owned property (right-of-way and parks). "On private property, Heritage Trees are voluntarily nominated by the property owner." This is the second tree on private property to be nominated as a Heritage Tree in Atlantic Beach. BUDGET: None. RECOMMENDATION: Approve Resolution 15-12 to designate the 42 inch diameter Live Oak tree at 3 81 3rd Street as Heritage Tree. ATTACHMENTS: nomination; Resolution 15-12 Written request from property owner; photos of the Live Oak tree up for REVIEWED BY CITY MANAGER: RESOLUTION NO. 15-12 AGENDA ITEM # 6A NOVEMBER 9, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE 42 INCH DIAMETER LIVE OAK TREE AT 381 3rd STREET AS A HERITAGE TREE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida wishes to be a good steward of its tree canopy, and in particular specimens of physical and historical significance; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida has the ability to designate individual trees as Heritage Trees according to Section 23-41 (a) of the Atlantic Beach Code of Ordinances; and WHEREAS, the Live Oak tree at 381 3rd Street located in the rear yard and nominated by the property owner is 42 inches in diameter and approximately 100 years old; and WHEREAS, Heritage Tree designation runs with the property and strengthens the mitigation ratio if the tree is ever removed. The current mitigation ratio for Heritage Trees is 1:1 on private property compared to 1 :2 for protected trees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA THAT: The 42 inch Live Oak tree at 381 3rd Street is hereby designated as a "Heritage Tree". This Resolution shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED this ___ day of ____ , 2015. Approved as to form and correctness: Rich Komando City Attorney ATTEST: Donna Bartle, CMC City Clerk Carolyn Woods Mayor HERITAGE TREE I ' AGENDA ITEM# 6A NOVEMBE R 9, 2015 lAW Chapter 23 of the Municipal Code of Ordinances for the city of Atlantic Beach, ( Protection of Trees and Native vegetation), I am submitting this letter to have the City Commission pass a resolution to approve my live oak tree as a Heritage tree. The Tree is very healthy and approximately 100 years old. It has a DBH of 42 inches and is located in my back yard at 3813rd ST, Atlantic Beach, Fl. 3 photos enclosed. Thank You very much, David F Bew Jr 3813rd ST Atlantic Beach, Fl. 32233 246-2944/312-2772 AGENDA ITE M # 6A NOVE MBE R 9, 201 5 Live Oak Tree on 381 3 rd ST, Atlantic Beach, Fl. AGENDA ITEM# 6A NOVEMBER 9, 2015 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance 95-15-111 SUBMITTED BY: Jeremy Hubsch, Building and Zoning Dircc~ DATE: October 28, 2015 STRATEGIC PLAN LINK: None AGENDA ITEM# 7 A NOVEMBER 9, 2015 BACKGROUND: The City Commission has asked staff to look into strengthening buffers and negative development impacts between incompatible uses in the City's Land Development Regulations. The cunent buffer regulations in Section 24-177 (e) apply only to properties that directly border each other. They do not include properties that have an intervening street between them. The city has several areas where commercial or industrial zoning districts are adjacent to residential zoning districts, but have a road between them. This occurs along West 14 1h Street, Sturdivant A venue, and Ahern Street. Staff came up with possible code changes and presented those to the Community Development Board for recommendations. There are three proposed code changes related to buffers and limiting negative development impacts in proposed Ordinance 95-15-111. 1. Clarifying that through lots have to provide front yard on commercial through lots (same as residential through lots) 2. Requiring a lighting plan that shows minimal lighting is at the property line when a new commercial or industrial development is adjacent to residential. 3. Requiring vehicle use areas (parking lots) of new projects to have a tree every 25 feet as opposed to every 50 feet as the code cmTently reads. The Community Development Board recommended approval of Ordinance 95-15-111 by a vote of 6-0 at the October 27th meeting. BUDGET: RECOMMENDATION: ATTACHMENTS: None. Approve Ordinance 9 5-15-111 Ordinance 95-15-111 Copy of legal notice ' REVIEWED BY CITY MANAGER: __ ------'A,__,/'t'----'. ·~0_~w~"7____,;;{7"--"'u~~~--------- ORDINANCE NO. 95-15-111 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7A NOVEMBER 9, 2015 WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to strengthen buffers and minimize negative impacts between residential and commercial areas, the City finds that it is necessary to amend Chapter 24, Article II of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 24, Article II of the Code of Ordinances, specifically the Land Development Regulations, Sections 24-84, 24-161, 24-177 of the City of Atlantic Beach, Florida, are hereby amended to read as follows: Sec. 24-84. Double frontage lots (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88. (b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach A venue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. (d) Special treatment of through lots zoned Commercial, Professional Office (CPO), Commercial Limited (CL), Commercial General (CG), Central Business District (CBD), and Light Industrial ORDINANCE NO. 95-15-111 Page 1 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 and Warehousing (LIW). For double frontage lots that are commercially or industrially zoned and have residentially zoned property across an intervening street, the required front yard shall be provided on each street. Properties along Atlantic Boulevard west of Mayport Road shall be exempt from this requirement due to the Mayport flyover ramp. Sec. 24-161. -Off-street parking and loading (a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the uses listed in this section. Parking areas shall be arranged for convenient access and the safety of pedestrians and vehicles; shall provide barriers when located at the perimeter of a lot to prevent encroachment on to adjacent properties; and when lighted, lights shall be directed away from adjacent properties. Parking areas and driveways shall not obstruct stormwater facilities, drainage swales or clear vehicular sight distance. Excess surface parking is discouraged, and in no case shall the number of extra surface parking spaces exceed ten (10) spaces or ten (1 0) percent, whichever is greater. Parking calculations demonstrating provision of required parking shall be provided with all building permit applications submitted for review. Required parking shall be maintained for the duration of the use it serves. (b) General requirements and limitations for parking areas. (1) Adequate drainage shall be provided, and parking areas shall be maintained in a dustproof condition kept free oflitter and debris. (2) All parking areas shall be paved unless an alternative surface is approved by the director of public works. Any such alternative surface shall be maintained as installed, and shall be converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic impacts. (3) Parking for residential uses shall be located within paved or stabilized driveways, private garages or carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or landscaped portions of public rights-of-way adjacent to the lot. ( 4) There shall be no sales, service or business activity of any kind within any parking area. (5) Mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. (6) Applications to vary from the requirements of this section shall follow the procedures set forth in subsections 24-64(a) and (b). The community development board may approve such application only upon finding that the intent of this section as set forth in preceding subsection (a) is met. ORDINANCE NO. 95-15-111 Page 2 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 (c) Plans required. A composite site plan depicting the arrangement and dimensions of required parking and loading spaces, access aisles and driveways in relationship to the buildings or uses to be served shall be included on all plans submitted for review. (d) Measurement. Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sum of the horizontal area of every floor of the building. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet of floor area where no seating is provided, shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half (V2) shall require a full space. (e) Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the use most similar to the one (1) sought, it being the intent of this section to require all uses to provide adequate off-street parking and loading. (f) Location of required off-street parking spaces. (1) Parking spaces for residential uses shall be located on the same property with principal building(s) to be served. (2) Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred ( 400) feet away, provided that required off-street parking shall in no case be separated from the use it serves by arterial streets or major collector streets, or other similar barriers to safe access between parking and the use. A shared parking agreement shall be required where offsite parking is used to meet parking requirements. In such cases, the uses sharing parking must demonstrate different peak- hour parking needs. (3) Off-street parking for all uses other than single and two-family residential shall be designed and constructed such that vehicles are not required to back into public rights- of-way. Parking spaces shall not extend across rights-of-way including any public or private sidewalk or other pedestrian thoroughfare. (4) Off-street parking spaces for any use shall not be located where, in the determination of the director of public safety, an obstruction to safe and clear vehicular sight distance would be created when vehicles are parked in such spaces. (g) Design requirements. (1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except that smaller dimensions may be provided for single-family residential lots, provided that adequate onsite parking is provided to accommodate two (2) vehicles. (2) Accessible parking spaces shall comply with the accessibility guidelines for buildings and facilities (ADAAG), and shall have a minimum width of twelve (12) feet. (3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12) feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet. ORDINANCE NO. 95-15-111 Page 3 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 (4) Parking lots containing more than five (5) rows of parking in any configuration shall provide a row identification system to assist patrons with the location of vehicles, and internal circulation shall be designed to minimize potential for conflicts between vehicles and pedestrians. (h) Parking space requirements. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within this paragraph are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. (1) Auditoriums, theaters or other places of assembly: One (1) space for every four ( 4) seats or seating places. (2) Bowling alleys: Four (4) spaces for each alley. (3) Business, commercial, retail, or service uses not otherwise specified: One (1) space for each four hundred ( 400) square feet of gross floor area. (4) Churches, temples or places ofworship: One (1) space for each four (4) seats or seating places. (5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater. (6) Residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and similar institutional uses: One and one-half (1 Yz) spaces for each hospital bed. (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20) sleeping units or portion thereof. (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area. (1 0) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises. (11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross floor area. (12)Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees. (13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees. (14) Professional office uses: One (1) space for each four hundred ( 400) square feet of gross floor area. ORDINANCE NO. 95-15-111 Page 4 of13 AGENDA ITEM# 7A NOVEMBER 9, 2015 (15) Restaurants, bars, nightclubs: One (1) space for each four ( 4) seats. Any outdoor seating where service occurs shall be included. (16) Rooming and boardinghouses: One (1) space for each guest bedroom. (17) Schools and educational uses. a. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen. b. Senior high schools: Six ( 6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area. (19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop- off and pick up area. (20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area. (21) Assisted living, senior care and similar housing for the elderly where residents do not routinely drive or maintain vehicles on the property: One (1) space for each four ( 4) occupant accommodations. (i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking, pedestrian activity and daily business operations is avoided. Where possible, loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right-of-way. (j) Additional requirements for multi-family residential uses. New multi-family residential development shall provide adequate area designated for parking of routine service vehicles such as used by repair, contractor and lawn service companies. For new multi-family development located east of Seminole Road, three (3) spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach-going visitors. (k) Bicycle parking. All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas, except for single-and two-family residential uses, shall provide bicycle parking facilities on the same site, and such facilities shall be located as close to the building entrance as possible, in accordance with the following: (1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or other such barrier so to protect parked bicycles from damage by cars. (2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or components shall be provided. Bicycle parking shall be located in areas of high visibility that are well-lighted. (1) Parking areas and tree protection. Where protected trees exist within a proposed parking area, and where more than ten (1 0) spaces are required, the city manager may reduce the ORDINANCE NO. 95-15-111 Page 5 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 number of required spaces solely for the purpose of preserving such protected trees. An acceptable tree protection plan shall be provided to and approved by the city manager. (m) 24-161 (m) Illumination values at the property line of a new commercial or industrial development or redevelopment shall not be more than 0.2 fc at any point when a project is located next to any residential use or residentially zoned property. The illumination values at the property line of a project adjacent to any other use shall not be more than 1.0 fc. Compliance with these criteria shall not be required between two adjacent non-residential properties of like zoning or use classification provided that the properties are under the same ownership, or have common parking areas or driveways. At canopied areas, such as those found at drive-through facilities, service stations, convenience centers, and car-washes, lighting under the canopy, awning, porte cochere, or similar structure shall be either recessed or cut-off fixtures. The City may require a lighting plan in order to determine compliance with this section. Sec. 24-177.-Applicability; requirements; buffer design standards; maintenance; protection and visibility. (a) Applicability. The provisions of this section shall apply to all new nonresidential development and multi-family development, including property in governrnent use. The provisions of this section shall also apply when the total cost of alteration, expansion or renovation of existing such development is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent as well as when any cumulative expansions total more than twenty-five (25) percent. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the Standard Building Code Council International. (b) Landscape plan required. (1) Prior to the issuance of any development permit for nonresidential development and multi-family development, a landscape plan shall be approved by the community development director. For development sites greater than two (2) acres in size, a landscape plan shall be submitted with preliminary site plans as required by subsection 24-167(c). The landscape plan shall be prepared by either the owner or a licensed, registered Landscape architect, bearing his seal, or shall be otherwise prepared by persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II, Florida Statutes (landscape architecture). (2) The required landscape plan shall be drawn to scale, including dimensions and distances, and shall: a. Delineate the vehicular use areas, access aisles, driveways, and similar features; ORDINANCE NO. 95-15-111 Page 6 of13 AGENDA ITEM# 7A NOVEMBER 9, 2015 b. Indicate the location of sprinklers or water outlets and back flow prevention devices; c. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this part. The use of xeriscape landscape materials and methods is strongly encouraged; d. Identify and describe the location and characteristics of all other landscape materials to be used; e. Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed buildings and other improvements upon the site, if any; f. Include a tabulation clearly displaying the relevant statistical information necessary for the director to evaluate compliance with the provisions of this part. This includes gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the director may require; and g. Indicate all overhead and underground utilities located on the property and in the right-of-way adjacent to the property to which the landscape plan applies. This shall include overhead and underground electric service lines to all proposed buildings. (c) Vehicular use area interior landscaping requirements. (1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs) used for off-street parking, employee parking, auto service stations, service drives, and access drives within property located within commercial and industrial zoning districts shall be landscaped. (2) Specialized vehicular use areas closed to the public. Five (5) percent ofVUAs used for storage areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and other transportation, warehousing and truck operations not generally open to the public shall be landscaped. (3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as to provide visual relief from broad expanses of pavement and at strategic points to channel and define vehicular and pedestrian circulation. Landscape areas shall contain the following: a. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing. b. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA. ( 4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double row ofparking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six- ORDINANCE NO. 95-15-111 Page 7 of13 AGENDA ITEM# 7A NOVEMBER 9, 2015 inch high curb of concrete or other appropriate permanent material. The use of depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the landscaped area. (5) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the property, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA. (d) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA that are not entirely screened by an intervening building from any abutting dedicated public street or approved private street, to the extent such areas are not so screened, shall contain the following: a. A landscape area of not less than ten (1 0) square feet for each linear foot of VU A street frontage, fifty (50) percent of which shall be at least a five-foot-wide strip abutting the street right-of-way except for driveways. The remaining required landscape area shall be located within twenty-five (25) feet of the street right-of- way. b. A durable opaque landscape screen along at least seventy-five (75) percent of the street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing under-story vegetation, or combination thereof, may be used so long as the screen is no less than three (3) feet high measured from the property line grade. Walls or fences shall be no more than four (4) feet in height and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped with shrubs or vines. c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of- way, for each fifty (50) twenty-five (25) linear feet, or fraction thereof, of VUA street frontage. The trees may be clustered, but shall be no more than se:venty five ~ fifty (50) feet apart. If an overhead power line abuts the street frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line. d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass, or mulch. e. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements; however, the gross area of the perimeter landscaping which exceeds the minimum requirements may be used to satisfy the interior landscape requirements. f. If a utility right-of-way separates the VUA from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply. ORDINANCE NO. 95-15-111 Page 8 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 (2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely screened by an intervening building from an abutting property, to the extent such areas are not screened, shall contain the following: a. A continuous landscape area at least five (5) feet wide between the VUAs and the abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass. b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart. c. A buffer wall between incompatible land uses as required by subsection (g), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. (3) Existing landscape screen. If an existing landscape screen has been established on abutting property, then it may be used to satisfy the requirements of this section, so long as the existing landscape screen is abutting the common lot line, and it meets all applicable standards ofthis section. ( 4) Driveways to streets. The maximum width of any driveway not containing a landscaped island through the perimeter landscape area shall be thirty-six (36) feet. The maximum width of any driveway containing a landscaped island through the perimeter landscape area shall be forty-eight ( 48) feet and the driveway shall contain a landscaped island which measures not less than eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other alternative approved by the director. In no event shall more than fifty (50) percent of any street frontage be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to less than twenty-four (24) feet. (5) Driveways to adjoining lots. Driveways may be permitted by the community development director to adjoining lots of compatible use. (6) If a joint driveway easement is provided between adjacent property, then the required perimeter landscaping for each property shall be provided between the drive and any other vehicular use areas. (7) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area. (e) Buffers required between incompatible or different use classifications. (1) Where incompatible or different Use classifications are adjacent, without an intervening street, a buffer strip shall be required between such uses. Such buffer strip shall be at least ten (1 0) feet in width the entire length of all such common lot lines and shall be required in the following circumstances: ORDINANCE NO. 95-15-111 Page 9 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 a. Multiple-family dwelling use or zoning districts, three (3) or more attached units when adjacent to single-family dwelling(s) or lands zoned for single-family dwelling. b. Office use or zoning districts, when adjacent to single-family or multiple-family dwellings, mobile home parks or subdivisions or lands zoned for single-family or multiple-family dwellings, mobile home parks or subdivisions. c. Mobile home park use or zoning districts, when adjacent to single-family dwellings, multiple-family dwellings and office uses, or lands zoned for single- family dwellings, multiple-family dwellings or offices. d. Commercial and institutional uses or zoning districts, when adjacent to single- family dwellings, multi-family dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multi-family dwellings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. (2) Required buffers shall at a minimum contain the following landscape materials: a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof. b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip. c. Visual screen. A visual screen running the entire length of common boiundaries shall be installed within the buffer strip, except at permitted access ways. The visual screen may be a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1 ). If a visual screen which satisfies all applicable standards exists on adjacent property abutting the property line or exists between the proposed development on the site and the common property line, then it may be used to satisfy the visual screen requirements. d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping requirements and buffer strip requirements of the article, the latter requirements shall prevail. e. Hardship. If the community development director determines that the construction of a landscape buffer area required by this section shall create an unreasonable hardship, the director may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets the visual screening requirements of this section. (3) The required buffer strip shall not be used for principal or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, or storage. (f) Landscape design standards. ORDINANCE NO. 95-15-111 Page 10 of 13 (1) Minimum tree requirements shall comply with subsection 23-17(c). (2) A minimum of fifty (50) percent of all required trees shall be shade trees. AGENDA ITEM# 7A NOVEMBER 9, 2015 (3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (4) Standards for landscape materials. a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17(e)(2)a. b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (1 0) feet overall height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-of-way line, as measured from center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or right-of- way line, as measured from center of trunk. c. Palms may be substituted for the required trees at the ratio of two (2) palms for each required tree or four ( 4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight (8) feet, measured from the ground level to the base of the palm. d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an opaque screen shall be no less than a three-gallon container [of] grown material or equivalent balled and burlap material. e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used on grass areas within street rights-of-way disturbed by construction, in swales, on slopes of four ( 4) to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved. f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare preserved natural areas. g. General cleanup. At the completion of work, construction trash and debris shall be removed and disturbed areas shall be fine-graded and landscaped with shrubs, ground cover, grass or two (2) inches of mulch. (g) Maintenance and protection of landscaping. (1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to maintain required landscape areas or to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or fails to meet the standards of this section, shall be deemed a violation of these land development regulations and subject to code enforcement procedures. ORDINANCE NO. 95-15-111 Page 11 of 13 AGENDA ITEM# 7A NOVEMBER 9, 2015 (2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation systems shall include moisture or rain sensors. (3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased and insect-infested limbs, and branches which rub other branches. (h) Intersection visibility. Where an access way intersects with another access way within a vehicular use area, or where an access way is located within a vehicular use area, or where an access way intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. ORDINANCE NO. 95-15-111 Page 12 of 13 AGENDA ITEM filA NOVEMBER 9, 2015 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govern. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 26th day of October 2015. PASSED by the City Commission on second and final reading this 9th day of November 2015. ATTEST: DONNA L. BARTLE City Clerk CAROLYN WOODS Mayor, Presiding Officer Approved as to form and correctness: RICHARD KOMANDO City Attorney ORDINANCE NO. 95-15-111 Page 13 of 13 NOTICE OF ZONING CODE (LAND DEVELOPMENT REGULATIONS) TEXT CHANGE The City of Atlantic Beach proposes to adopt Ordinances: ORDINANCE No. 90-15-111 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE LOTS; AMENDING SECTION 24-161, OFF-STREET PARKING AND LOADING; AMENDING SECTION 24-177 BUFFER DESIGN STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE No. 90-15-112 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE IV OF THE CODE OF ORDINANCES, LAND DEVELOPMENT CODE, TO AMEND SECTION 24-233, MAINTENANCE SECURITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Public hearings will be held by the City Commission on: October 26th and November 9th 2015 at 6:30PM and Community Development Board on: October 27th 2015 at 6:00PM in Commission Chambers at 800 Seminole Rd. Atlantic Beach FL. 32233 The public may inspect the proposed ordinances at City Hall and may be heard at the public hearings. AGENDA ITEM# 7A NOVEMBER 9, 2015 AGENDA ITEM : SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ORDINANCE NO. 20-15-133 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURCHASE OF 280 CAMELIA STREET, AND PROVIDING AN EFFECTIVE DATE. Ru sse ll Caffey ~.)" Director of Finance October 14, 20 15 AGENDA ITEM# 78 NOVEMDER9,2015 At the September 14111 City Commission Meeting, Commissioners voted to authorize the City Manager and City Attorney to proceed the the purchase of 280 Camelia Street. The total cost of the project is $200,5 15 . The City is in t he process of applying for the Coastal Partnership Ini tiat ive Grant from the Department of Enviro nm ental Protection to potentially help fund the purchase. The amount applied fo r is $30,000., which wou ld fund 15 % of the purchase. Start· is requesting a mid-year budget modification of$200,5 15 to fund the purc hase. BUDGET: Mid-year budget mod ill cation of$200,515 RECOMMENDATION: Approve Ordinance 20-15 -133 ATTACHMENTS: 1. Ordinance20-15-133 2. U.S. Department of Hou si ng and Urban Deve lopmen t Settlement Statement (DRAFT) REVIEWED BY CITY MANAGER: ORDINANCE NO. 20-15-133 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 FOR THE PURCHASE OF 280 CAMELIA STREET, AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7B NOVEMBER 9, 2015 WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting such budgetary systems require adjustments from time-to-time, and WHEREAS, the City is amending the operating budget to add net funds totaling $200,515 for the increase in the Parks and Recreation Division of the General Fund for capital purchase of the property located at 280 Camelia Street. WHEREAS, the City of Atlantic Beach did not include the funding of this purchase in the adoption of the original Fiscal Year 2016 Annual Operating Budget and therefore must amend the budget to have sufficient amounts within the Parks and Recreation General Fund in order to fund the purchase. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 201512016 Budget to be amended as follows: Expenses: Parks and Recreation Parks and Recreation I Land Total Expenses: Fund Balance ~GENERAL FUND~ 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 26th day of October 2015. $200,515 $200.515 <$200.515> Passed by the City Commission on second and final reading this 9th day of November 2015. Approved as to form and correctness: RICHARD KOMANDO, ESQUIRE City Attorney CAROLYN WOODS Mayor I Presiding Officer ATTEST: DONNA L. BARTLE, CMC City Clerk A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN AGENDA ITEM# 7B NOVEMBER 9, 2015 US Patriot Title, LLC l. D FHA 2. D FMHA 3. D CONV. ut':JNS. 120 Airport Road Suite 2A 4. OvA 5. OcoNV.JNS. Palm Coast, Florida 32164 (386)-693-4919 fax: (386) 693-4918 6.Fil~Number: 7. Loan Number: DB I 5-5! 8. MongJge Ins. Case No.: C. NOTE: This form is furnished to give you a statemem of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked (poe) were paid outside the closing. Thev are shown here (or informational purposes and are not included in the totals. The City of Atlantic Beach, Florida D. Bon·ower: 800 Seminole Road Atlantic Beach Florida 32233 E. Seller: Sara E. Bennett, Widow and Surviving Spouse ofF. Reuben Bennett, Deceased F. Lender: CASH G. Property: 280 Camelia Street Atlantic Beach, Duval County, Florida 32233 H. Settlement Agent: US Patriot Title, LLC Place of Settlement: 120 Airport Road, Suite 2A, Palm Coast, Florida 32164 Flagler County I Settlement Date· December 31 20 15 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller: 101. Contract Sales Price 199 750.00 401. Contract Sales Price 199 750.00 102. Personal Prooertv 402. Personal Property 103. Settlement Charges to Borrower (line 1400) 764.50 403. Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance: 106. Citv I Town Taxes 406. Citv I Town Taxes 107. County I Parish Taxes 407. County I Parish Taxes 108. Assessments 408. Assessments 109. Non Ad Valorem Assessments 409. Non Ad Valorem Assessments 120. Gross Amount Due from Borrower: 200,514.50 420. Gross Amount Due to Seller: 199 750.00 200. Amounts Paid by or in Behalf of Borrower: 500. Reductions in Amount Due to Seller: 201. Deoosit I Earnest Money 501. Excess Deposit (see instructions) 202. Princioal Amount of New Loan I 000.00 502. Settlement Charges to Seller (Line 1400) 6 625.88 203. Existing Loan( s) 503. Existing Loan( s) 204. 504. Payoff of First Mortgage 142 770.70 205. 505. Pavoff of Second Mortgage 206. 506. Purchase Money Mortgage I 000.00 207. 507. Federal Tax Lien Release to IRS 46764.17 Adjustments for Items Unpaid by Seller: Adjustments for Items Unpaid by Seller: 210. Citv I Town Taxes 510. Citv I Town Taxes 211. County I Parish Taxes Jan I, 2015 thru Dec 2,589.25 511. County I Parish Taxes Jan I, 2015 thm Dec 2,589.25 30 2015 30 2015 212. Assessments 512. Assessments 213. 513. 214. 514. 220. Total Paid by I for Borrower: 3,589.25 520. Total Reductions in Amount Due 199,750.00 Seller: 300. Cash at Settlement from I to Borrower: 600. Cash at Settlement to I from Seller: 301. Gross Amount due from Borrower (line 120) 200 514.50 601. Gross Amount due to Seller (line 420) 199 750.00 302. Less Amount Paid by/for Borrower (line 3,589.25 602. Less Reductions Amount due Seller (line 199,750.00 220) 520) 303. Cash From Borrower: $196,925.25 603. Cash From Seller: $0.00 HUD-1 May 2007 Settlement Date:December 31,2015 AGENDA ITEM #7B NOVEMBER 9, 2015 L. Settlement Charges 700. Total Sales I Broker's Commission: Based on Price $199,750.00 is $500.00 Division of Commission as follows 701. 500.00 toRe/Max Watermarke 702. 703. Commission Paid at Settlement 704. Additional Broker Compensation 705. Additional Broker Compensation 706. Referral Fee 800. Items Payable in Connection with Loan: 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee 804. Credit Report 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee 807. Assumption Fee 900. Items Required by Lender to be Paid in Advance: 901. Daily interest charge from Dec 31 20 15 902. Mortgage Insurance Premium 903. Hazard Insurance Premium 904. Flood Insurance Premium 1000. Reserves Deposited with Lender: 1001. Hazard Insurance 1002. Mortgage Insurance 1003. City Property Taxes 1004. County Property Taxes 1005. Annual Assessments 1100. Title Charges: 1101. Settlement or Closing Fee to US Patriot Title LLC 1102. Abstract or Title Search to First American Title Insurance Company 1103. Title Examination 1104. Title Insurance Binder 1105. Document Preparation 1106. Notary Fees 1107. Attorney Fees to November Law (includes above item numbers: 1108. Title Insurance to US Patriot Title, LLC (includes above item numbers: 1109. Lender's 1,000.00 Coverage 1110. Owner's 199,750.00 Risk Rate Premium: $1,074.00 Coverage 1111. Statutory Surcharge to First American Title Insurance Company 1200. Government Recording and Transfer Char2es: 1201. Recording Fees: Deed 14.50 Mortgage 0.00 Releases 0.00 1202. City/County Tax/Stamps: Deed 0.00 Mortgage 0.00 1203. State Tax/Stamps: Deed I 398.60 Mortgage 0.00 1204. Intangible Tax to Clerk of the Circuit Court 1205. 1300. Additional Settlement Char2es: 1301. Survey 1302. Pest Inspection 1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) File Number: DB15-51 Paid from Paid from Borrower's Seller's Funds at Funds at Settlement Settlement 500.00 750.00 I 750.00 100.00 1,800.00 1,074.00 3.28 14.50 I 398.60 $764.50 $6,625.88 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-l Settlement Statement. The City of Atlantic Beach, Florida Borrower: Nelson Van Licrc, City Manager Address Seller: Sara E. Bennett, Widow and Surviving Spouse ofF. Reuben Bennett, Deceased Address The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Settlement Agent: Date: December 31, 20 15 JS Triplett \YARNING: It is a crime to knowingly make false statements to the United States on this or any other similar fonn. Penalties upon conviction can include a fine and imprisonment. For details see Title 18 U.S. Code Section lOOt and Section 1010. HUD-1 May 2007 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Sign Waiver (715 Atlantic Boulevard) Jeremy Hubsch ~ Building and Zoning Director (___ /t'"# October 15,2015 AGENDA ITEM #8A NOVEMBER 9, 2015 The existing gas station at 715 Atlantic Boulevard was formerly branded as BP, but is now being converted to Mobil. The rebranding requires converting the existing BP sign to a Mobil sign. The existing sign is considered a legal non-conforming sign. It is non-conforming because it is taller and has a larger sign face area than allowed by current code. Section 17-51 (3) (d) states that non-conforming signs shall be made conforming when "Any change, which alters the material used for the display area or face area by more than twenty-five (25) percent". The proposed conversion to the Mobil sign would constitute a greater than 25% change to the display area and require the sign to meet current code. The current sign code has a maximum height of eight feet and maximum sign display area of 96 square feet. The applicant is seeking a waiver from the requirement to reduce the sign to eight feet in height. They are proposing to reduce the existing sign from 23 feet to 18 feet and the sign display area from 126 square feet to 91 square feet. This will bring the display area into compliance with the new code. However, the sign will still be ten feet taller than allowed by code. According to Section 17-52, requests to waive provisions of the Atlantic Beach Sign Code can be made upon application to the City Commission. "The applicant requesting such waiver shall have the burden of demonstrating the need for the requested waiver, and that the waiver is not in conflict with the intent of this Chapter". The applicant intends to present its case at the November 9111 City Commission meeting. BUDGET: RECOMMENDATION: ATTACHMENTS: materials None. None 715 Atlantic Boulevard Sign Waiver Application and supporting REVIEWED BY CITY MANAGER: ...., ·2ft~~ APPLICATION FOR WAIVER FROM CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES C ity of Atlnntic Bench · 800 Se min ole Road · Atlnnti c Bench, Flo rida 32233-5445 Phone; (904) 247-5800 · FAX (9 04) 247-5805 · http://www.conb.us AGENDA ITEM 118A NOVEMBE R 9, 201 5 Applicat ions requesting th at certa in prov isions of th e s ign regulations be wa ived may be made to the City Commission in accorda nce wi th the following section of th e Code of Ordinances for the Cit y of Atlantic Beach. •''1.• Sec. 17-52 . Req ues ts to waive ce rtain terms of thi s C hapter. Req ues ts to waive term s of thi s Chap ter may be made up on spec ifi c applicat ion to th e City Commission, wit h prope r public notice required , prov ided th at no wa iver shall be requested that wo uld allow a Proh ibited Sign, or any otherw ise unlawful Sign. T he appli cant requesting such waiver sha ll have the burden of demo nstrat ing th e need for the req ues ted waive r, and that th e wa iver is not in con fli ct with the In tent of thi s Chapter. The te rms of any waiver to the prov isio ns of th is Chapter sha ll be established by order of the City Comm iss ion . DATE._-""Q..._,&-.._\+-\........,0~)--!..J_£..._ __ _ PROPERTY LOCATION 715" {.j\"l_ANJ\C (1<..-..J~. APPLicANT f\T JL PerJ/id ZON I NG DI STRICT ____ _ TYPE OF SIGN AND M ETHOD OF CONSTR UCTION (P r ov id e requested height, dim ens ion s, siz e, mate rial s, il umin a tion , And any other informati on need ed to full y desc ribe th e type of s i n(s) proposed. \..s, • '-K... f ' $o c:;.·\r<" LUj\\ ~ ~~£1 )(.~ (t.J-.,a:\ v.n )AI'».J! NXil '' .._, ")1-,......._~~~+7....:...• _____ _ Applicant is advised that any Jf..~val authorizing a waiver from the'C fty' dr A;J~~Bcach s ig n r egul ations do cs not co nstitute approval fo1 · the issuance of a Building P ermit. A Building Permit for S ig n(s), demo nstra tin g com pli Ance with Se ction 3108, Florida Building Co d e, along with r equired fees is required. PLEASE PROVIDE ONE SIG NED O RI GINAL OF THIS APPLICATION ALON G WITH THE FOLLOWING REQUIR E D INFORMATION. IF COLOR MATE RIALS OR DRAWINGS LARG E R THAN 11 BY 17 IN CH ES ARE SU BMI'ITED WITH THIS REQUEST, PLEASE SUBM IT EIGHT (8) COPIES OF THESE A IT ACHMENTS. 1. For a ll F1 ·ee stnndin g Sig ns, includ e Slll 'Vey or site plan sh owi ng lo cation of propos ed s ig n(s), nnd 1111 cJ imen sions includin g he ight nnd distnn cc fr om prop erly lin es o1 · ri ght-of-w~tys. For Wnll , Fnsc in nnd other types of Signs, includ e elevation drawing showin g loc ation in r elatio n to ndjncent signs, mountin g detnilnnd type of lllumin ntion , if any. 2. Prov id e lin cn r fr onta ge of offi ce, bu s ine ss o1· storefront, or entire buildin g, ns nppropriatc. 3. Stnt ern ent demonst mting th e neecJ for th e reques ted wAiver, nu d that the wn ivc r is not in co nflict with t he In te nt of the City's sign r eg ulntion s. 4. Provide completed ow ne r 's autho1·iz ntion form if applicant is other thnn prope1·ty own er. rORMATION PRO VID ED WITH THIS APPLICATION IS CORRECT. SIGNATURE __ __J;:::~~;:6......:::::~~---PRINT NAME ---'A.......:.....-.~..:h:..JL..w:..:lf1u.fn..!.~f\...::.'v\...-...< ----- ADDRE SS AND CONTACT INFORM ATION OF PERSON TO RECEI VE ALL CORR ESPONDENCE REGA RDI NG T JJJS APPLICATlON (PLEASE PRINT) NAME vL D 8 G'. MAILrNG ADDRESS ]S to$"' C..§.K)]"QR-\0 N \\c.\t.J'i , S.onQ. PHON E '10 4 Cj «z~ ~\ !2..~ FAX c:p4 ~92._ 9~<\3, >" .9-0L, , 'SP..C..\<~Ot\)\1 \ \..\.e. L 3-:L~£ E-~A IL AfiJ,) &,4-e\Q \C.I,j)"l-'ry ~; \ · C.<i'V<'I \ ·-I lETTER Of AU'fiHIOIR~ZA f~ON Affidavit To Whom It May Concem: AGENDA ITEM fi8A NOVEMBER 9, 20 15 This letter authorizes Taylor Sign & Design, ln~r thejr Agents or Subcontractors) to act as Agent, to secure permits or variances required by the loc'~t governing body, and to perform sign or awning installations, rem<:>vals, or maintenance at the property located at: Company Name : B~tA ~CoD f~, \tJ<:... Phone Number: '10'-1 '1 ~3 S'" \ Q.. 0 ( Name:·. AroL fA-r,£L Title: Pf"2/?..6t Dr")'\)'). STATE OF F/oc;do... COUNTYOF~b~u~v~~=( ______ __ Sworn to and subscribed before me this IS" ft.. day of __ m_~.;...;~c..t __ , 20 15 . Signature of Notary State of Print or Type Commissioned Name of Notary Public Personally Known (~OR Produced Identification ( ) Type of Identification Produced: -------Commission Expires 3 /:so /I j (Notary Stamp or Seal Required) --~~~~~~~:',,, KATH E Rt N E FORO f'l~~.\ <;.ommt~ston t~ Ff 2 I 519 1 -------------------i~'*'•r-'Mv-eommmlo·n·~>tplres:-1-r--------- '-,';J•.,,..-::,,~ ·March 30 2 019 1il11Ui \\\ . ' MOBIL_ 715 ATLANTIC BLVD 11 EXISTING PYLON SIGN TAYLOR. ~ign ~ l>e:iign. lnc.. COMMERCIAL SIGN TECIINOLOGIES $111U Catifoc~ IESJ111t1Dl l 7 www.TaylorSignCo.com 4162 St. Augustine Rd. Jacksonville, FL32207 Phone: 904/396-4652 • Fax 904/396-3777 COMPANY CONTACT Andy Patel andypatel@l<wiklripoil.oom ADDRESS 715ATLANTIC BLVD ATLANTIC BEACH, FL 32233 DATE 9/17/2015 REVISION N/A 21 PROPOSED NEW CABINETS SAl£5 PERSON Ken May DRAWING NAME Mob ii 715Atiantic Blvd.CDR DRAWING BY Richard Smith APPROVED BY ~ ·' ~ Th is sign meets or exceeds ~ · 132 mph wind zone • requirements as per 2014 Florida Building Code. This artworl< protected under copyright law and is the original property of Taylor Sign & ~ign. Inc. and is not to be reproduced, duplicated, or distributed Vlithout written permission or a payment of $1250.00. Cl 2012 Taylor Sign & Design, Inc. DATE -.. ..•. . ·.~-:;:.:' ~:;•'· .\ .. .· .. .• ~... . . •·: •.. ·:<:~·.; -~ '', '•.~ I ., ::· ::. ;:· : .· .,-0 0 - -~·· .· .. · .. ' -~ (1). o. ... ~W,(./). :·~ ..... ... ~:c ~ •. ~ .:Q .. :·' / .. ~ ..... ·.-. b ·.CJ ·· . ...,.,_ /V • ··.· .. 0 0 r"M ...... , . ' •• •• ~ • •• 'J: .. • . .. ... . · .. ... ' . ·. ·.· • .... • • , 0 .. · . . , . (/) 0 -!· ~ DROP INLET 0 ... !-" o_ No. 1 ·10 FiNISHED FLOOR = 14.90 103.3' !\ ,, ~ . ~ 1, \ . . . . «":. • : \' • / /i . . . t"~ ~~· 9 R£C"'-"' ""' '"" PAA NG ''""' \/ '~ ~~ 5 ~ ~c ·:z . 0 . : \ ~. t;.. -(') ·o*".· -1,; 0{-. . ~ .\ g ~ , ·?; ·?; I \) z i~ 0~4-.. / J;>.\~ ~ ·~i .OR ~ 0~ 0 :x> ~ -~ .~· p \ l ~ C . . ~ '{... .\ ;t . . \I . ~ r.. I' :::::: ::: -r ,_ --_.~-__. ---_::t_ ------~ --.- • \ 0~~ • I ~ • -~ -.. ''\ ~ . ----COVERED PuMP -i SLAt:JD .£-REA . _ ---"" .... -·-..... 0 6 ·~· C.-~~.--·. "f)i,)~p"· ..... .. -.. ~ -:-:PUtcP.:---.....:.:" ·. ·.:-----;.-~u.;; .. . ,PU . . . C ·. • (\ISlAND '· (\ISW.'D -><-~' (}:'-ISLAND 'ISL . I \Y . 'Y..----}-~·. . o 0 •. . ---.· 0 · • o .. --.• .. 0 l_ 1 · .. "'-irEEL ~Aro5 ·--:-' . : . . . ---2] . ,,. ·: . -POSt' {TYPICAL) · .·. • --: .:_ . . ·, 'k-::::..-:...:._--'--~--=-o-u e59; ;_-_;_-m>---c :. ~~. • • • • • 0 • • • -:?; . ~4-.. G' ·<?"' G' ·'1-~1-:r;:..<?~. ~ Lo 'f(4-.' • 0 0 • 0 • •A' ·t-·A' ,·(.'~.If ... t-·t-....-0 •• 20' FRONT BUILDING ·RESTRICTION . LINE · ·f:- : DROP INLETD CONCRETE CURB . . . ·· CO~C~El .150.00 · · ( i 50.02' · FIELD ) CONCRETE POWER POLE -. ·. · · · · .. · · .. ~·N ·s g ·13~.58~: E ~ .... . ~· · .. ~: ... .. : e. 0 N C 'R E T E : "\. ~· W .A L K. I I • 0 • • .-·· .. A· T 8vounds~n · L-·:A. N · .. T ··.1 .. c· ... ·B ·o ·.u L .: STATE 'ROAD ···No~: 10 · &· :A-·t.:..A . 100'' RIGHT _bF WAY . .:PAVED 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 NOVEMBER 9, 2015 Yvonne Calverley, Executive Assistant to the City Manager !C- October 19,2015 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 from City staff and the Commission and will be included in each agenda for consideration. Special notes: • Town Hall Meeting is tentatively scheduled for Saturday, January 9th at the Jordan Park Community Center from 10 am to noon. None Approve the 90-Day Calendar for November 2015 through January 2016 1) Mayor and Commission 90-Day Calendar (November 2015 through January 2016) MAYOR AND COMMISSION November 2015 ~U~D.\Y .\IO~D .\ Y 'l'L'E~D .\ Y \\'ED"E::'D.\ Y TIILJRSD.\ Y FR!D,\ Y S.\TURD.\ Y 1 2 3 4 5 6 7 8 9 10 11 12 13 1~ Photos-4:45 pm Veterans Day Commission Mtg 6:30pm Swearing-In Ceremony City Offices (Jnvoe-Woods) Closed Videotaped 15 16 17 18 19 20 21 Due Date for 12114 Agenda Items 22 23 24 25 26 27 28 Commission Mtg 6:30pm City Offices City Offices (lnvoc-Reeves) Closed Closed Videotaped 29 30 MAYOR AND COMMISSION December 2015 ~L':-..:D .\Y ~10:-..:D .\Y TU ·:~D .\Y \\'J ~D~J:SD .\ Y TIIL'R~D .\ Y FRID.\Y ~.\Tl 'RD .\ Y 1 2 3 4 5 6 7 8 9 10 11 12 Newsletter Due (Mayor) 13 14 15 16 17 18 19 Commission Mtg 6:30pm (lnvoc-Hill) Videotaped 20 21 22 23 24 25 26 Due Date for 1/11/16 City Offices City Offices Agenda Items Closed Closed ?~ _, 28 29 30 31 MAYOR AND CO:MlvflSSION January 2016 ~U~D .\Y :\1( l:-.;D.\Y TL'I ~SD .\Y \\U):-\E~D .\ Y TIIL'RSD .\ Y I ;RID.\Y S.\Tl'RD.\Y 1 2 New Year's Day City Offices Closed 3 4-5 6 7 8 Newsletter Due 9 TO\\n Hall (Mayor) Meetin g lOam Due Date for J o rdan Park 1/25/16 (Tentative) Agenda Items 10 11 12 13 14 15 16 Commission Mtg 6:30pm (lnvoc-Reeves) Videotaped 1~ 18 19 20 21 22 23 MLKDay Due Date for City Offices 2/8/16 Closed Agenda Items 24 25 26 27 28 29 30 Commission Mtg 6:30pm (lnvoc-Stinson) Videotaped 31 November 9, 2015 OATH A NOVEMBER 9, 2015 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Commissioner-Seat 2. John M. Stinson Commissioner-Seat 2 November 9, 2015 OATHB NOVEMBER 9, 2015 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Commissioner-Seat 3. M. Blythe Waters Commissioner-Seat 3 November 9, 2015 OATHC NOVEMBER 9, 2015 I solemnly swear that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office ofMayor. Mitchell E. Reeves Mayor -Seat 1 RESOLUTION NO. 15-13 AGENDA ITEM #12A NOVEMBER 9, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING MAYOR CAROLYN WOODS FOR HER DISTINGUISHED PUBLIC SERVICE WHEREAS, Carolyn Woods has served the citizens of Atlantic Beach as an elected official for a total of eight years, which she served with distinction accomplishing many strategic priorities; and WHEREAS, Carolyn Woods represented the citizens of Atlantic Beach in a forthright and objective manner; and WHEREAS, Carolyn Woods willingly served on numerous boards and committees including the Beautification Committee, Chaiiman of the Tree Conservation Board, and two terms as a member of the Community Development Board, all of which proved of great benefit to the citizens of this community; and WHEREAS, the City Commission recognizes what a valuable and important contribution Carolyn Woods has made as a member of the City Commission and as a citizen of Atlantic Beach. With her help and guidance, the citizens of Atlantic Beach have benefited greatly from the numerous projects and list of accomplishments that were completed during her tenure. These include; renovation and expansion of Rose Park, passage of the Human Rights Ordinance, update of the City's Tree Ordinance, completion of the Chmier Review, videotaping of City Commission meetings, expansion of the River Branch Preserve, completion of the 61h Street Marsh Overlook, construction of a new water reuse facility, annexation of the Atlantic Beach Country Club, settlement of tipping fees with the City of Jacksonville, and numerous drainage improvement projects; and WHEREAS, Carolyn Woods gave most generously of her time, talents, and energy to preserve the character and quality of life in Atlantic Beach for the benefit of all the citizens and the influence that she had upon the development in this City and the gracious residential atmosphere its citizens enjoy is apparent to all. NOW THEREFORE BE IT RESOLVED, the City Commission of the City of Atlantic Beach, Florida, hereby expresses its deep appreciation for the dedicated service and contributions of Carolyn Woods and on behalf of the citizens of Atlantic Beach extend hemifelt gratitude and best wishes for continued success and happiness in the future. ADOPTED by the City Commission of Atlantic Beach, Florida, this 9th day ofNovember 2015. Mitchell E. Reeves, Mayor Jimmy Hill, Commissioner Jonathan Daugheiiy, Commissioner John M. Stinson, Commissioner M. Blythe Waters, Commissioner RESOLUTION NO§ 15-14 AGENDA ITEM #12B NOVEMBER 9, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING COMMISSIONER MARK BECKENBACH FOR IDS DISTINGUISHED PUBLIC SERVICE WHEREAS, on November 14, 2011, Mark Beckenbach was elected to the City Commission and has served the citizens of Atlantic Beach with distinction accomplishing many strategic priorities; and WHEREAS, Mark Beckenbach represented the citizens of Atlantic Beach in a forthright, honest and objective manner; aoo WHEREAS, the City Commission recognizes what a valuable and impm1ant contribution Mark Beckenbach has made as a member of the City Commission and as a citizen of Atlantic Beach; and WHEREAS, with Mark Beckenbaclt 's help and guidance, the citizens of Atlantic Beach have benefited greatly from the numerous projects and list of accomplishments that were completed during his tenure. These include; renovation and expansion of Rose Park, passage of the Human Rights Ordinance, update of the City's Tree Ordinance, completion of the Charter Review, videotaping of City Commission meetings, expansion of the River Branch Preserve, completion of the 6th Street Marsh Overlook, construction of a new water reuse facility, annexation of the Atlantic Beach Country Club, settlement of tipping fees with the City of Jacksonville, and numerous drainage improvement projects; and WHEREAS, Mark Beckenbach gave most generously of his time, talents, and energy to preserve the character and quality of life in Atlantic Beach for the benefit of all the citizens and the influence that he had upon the development in this City and the gracious residential atmosphere its citizens enjoy is apparent to all. NOW THEREFORE BE IT RESOLVED, the City Commission of the City of Atlantic Beach, Florida, hereby expresses its deep appreciation for the dedicated service and contributions of Mark Beckenbach and on behalf of the citizens of Atlantic Beach extend heartfelt gratitude and best wishes for continued success and happiness in the future. ADOPTED by the City Commission of Atlantic Beach, Florida, this 9th day of November 2015. Mitchell E. Reeves, Mayor Jimmy Hill, Commissioner Jonathan Daugherty, Commissioner John M. Stinson, Commissioner M. Blythe Waters, Commissioner RESOLUTION NO. 15-15 AGENDA ITEM #12C NOVEMBER 9, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA HONORING COMMISSIONER MARIA MARK FOR HER DISTINGUISHED PUBLIC SERVICE WHEREAS, on November 14, 2011, Maria Mark was elected to the City Commission and has served the citizens of Atlantic Beach with distinction accomplishing many strategic priorities; and WHEREAS, Maria Mark represented the citizens of Atlantic Beach in a forthright, honest and objective manner; and WHEREAS, Maria Mark is a strong community advocate and has served on numerous boards and committees including Chairman of the MarshFest, member of the Leadership Jacksonville Class of 2014, board member of Beaches Watch, and the St. Johns River Feny Task Force, all of which proved of great benefit to the citizens of this community; and WHEREAS, the City Commission recognizes what a valuable and important contribution Maria Mark has made as a member of the City Commission and as a citizen of Atlantic Beach. With her help and guidance, the citizens of Atlantic Beach have benefited greatly from the numerous projects and list of accomplishments that were completed during her tenure. These include; renovation and expansion of Rose Park, passage of the Human Rights Ordinance, update of the City's Tree Ordinance, completion of the Charter Review, videotaping of City Commission meetings, expansion of the River Branch Preserve, completion of the 6111 Street Marsh Overlook, construction of a new water reuse facility, annexation of the Atlantic Beach Country Club, settlement of tipping fees with the City of Jacksonville, and numerous drainage improvement projects; and WHEREAS, Maria Mark gave most generously of her time, talents, and energy to preserve the character and quality of life in Atlantic Beach for the benefit of all the citizens and the influence that she had upon the development in this City and the gracious residential atmosphere its citizens enjoy is apparent to all. NOW THEREFORE BE IT RESOLVED, the City Commission of the City of Atlantic Beach, Florida, hereby expresses its deep appreciation for the dedicated service and contributions of Maria Mark and on behalf of the citizens of Atlantic Beach extend heartfelt gratitude and best wishes for continued success and happiness in the future. ADOPTED by the City Commission of Atlantic Beach, Florida, this 9th day ofNovember 2015. Mitchell E. Reeves, Mayor Jimmy Hill, Commissioner Jonathan Daugherty, Commissioner John M. Stinson, Commissioner M. Blythe Waters, Commissioner ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. Sec. 6. Qualifications and disqualifications. Sec. 7. Salary. Sec. 8. Presiding officer: Mayor. Sec. 9. Powers. Sec. 1 0. Appointment of city manager. Sec. 11. Appointment of deputy city manager or deputy city clerk. Sec. 12. Vacancies in the city commission. Sec. 13. Creation of new departments or offices; change of duties. Sec. 14. Induction of city commission into office; meetings of the city commission. Sec. 15. City commission to be judge of qualifications of its members. Sec. 16. Rules of procedure; journal of minutes. Sec. 17. Ordinances. Sec. 18. Procedure for passage of ordinances and resolutions. Sec. 19. Independent annual audit. Sec. 20. Right of city manager and other officers in city commission. Sec. 8. Presiding officer: Mayor. AGENDA ITEM #13A NOVEMBER 9, 2015 The mayor-commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor-commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance. The mayor-commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select committees as in his discretion he deems desirable or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. In the temporary absence or disability of the mayor-comm1ss1oner, all duties of the mayor-commissioner shall be performed by the mayor pro tempore who shall be appointed by the city commission from its members. (Ord. No. 28-93-3, § 1, 8-23-93) RESOLUTION NO. 12-08 AGENDA ITEM #138 NOVEMBER 9, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, a Board Member Review Committee was created by the Mayor and Commission by Resolution 05-04 adopted on April 11, 2005 and amended by Resolution 06-03 which was approved on February 13, 2006, to review applications and make recommendations for the appointment and reappointment of members to the city's Boards and Committees, and WHEREAS, it is desirable to replace the City Manager as a member on this Committee with another citizen member. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows; SECTION 1. Creation: Resolutions 05-04 and 06-03 of the City of Atlantic Beach creating and amending the BOARD MEMBER REVIEW COMMITTEE shall be further amended as follows. SECTION 2. Purpose: The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the city's boards and committees including requesting applicants to consider other boards or committees than those that they originally applied for, to review and consider available applications when vacancies occur, to consider recommending existing board and committee members to an additional term and to make recommendations to the Mayor as to which applicants to appoint to fill those vacancies. SECTION 3. Membership: There will be a total of six (6) members on this Committee. The t1rst member will be one ofthe sitting City Commissioners, who shall serve as chairman of the Committee, shall serve a one-year term and will be eligible for additional terms. Each one-year term for the Commissioner shall begin on December 1st. This member shall be appointed by the Mayor and be subject to the approval of the commission. The second, third, and fourth members shall be citizens of Atlantic Beach. They will be appointed by the Mayor subject to approval of the commission. The citizen members shall have backgrounds or experience in committee work or human resources. The citizen appointments shall serve two-year te1ms which will be staggered and be eligible to serve a second two-year term. The fifth member will be the chairman of the board or committee for which vacancy or re-appointment is currently being considered. They shall serve only for those meetings where membership on their board or committee is being considered. The City Clerk shall serve as a non-voting member and perform all necessary administrative duties. SECTION 4. Duties and Responsibilities (a) Review available applications for vacancies on city boards and committees and interview applicants as the Committee determines necessary to make informed recommendations. (b) Receive input on the needs of the boards and committees that have vacancies for consideration as to the geographical, professional and philosophical balances needed so that each of those boards and committees can successfully accomplish their intended purposes established by the Mayor and Commission. AGENDA ITEM #13B NOVEMBER 9, 2015 (c) When a reappointment is being considered, solicit and receive input from the Chairman, members or the staff liaison of the board or committee where the vacancy has occurred, or others on the appointee's past record of service including, but not limited to, attendance, preparation and overall contribution to the board or committee. (d) Make recommendation(s) to the Mayor on appointments or reappointments to the city's boards and committees as set forth in the Charter of the City of Atlantic Beach. Recommendations shall be in the form of committee minutes along with copies of any applications of all candidates interviewed. (e) Make additional recommendations for membership if the Mayor does not approve the original recommendation for appointment. SECTION 5. Meetings and Notice: The meetings of this Board Member Review Committee shall be set at regular times and will be open to the public as well as to the other city elected officials although non-members of the Board Member Review Committee shall only observe and not be active participants in the meeting. A notice of meetings shall be provided in accordance with state law. Additionally, copies of the applications for appointment shall be transmitted to the Mayor and Commission prior to any meetings where interviews will be conducted and in the city commission agenda packet. SECTION 6. Effective date: This Resolution shall take effect immediately upon its final passage and adoption. q-M . I PASSED by the City Commission this ____ day of Apr J , 2012. ATTEST: /!)01vYUL, J/};~ DONNA L. BARTLE City Clerk Approved as o fonn and correctness: Resolution No. 12-08 MIKEBORNO Mayor Page 2 of2 Sec. 2-19. Rules of conduct and procedure at meetings. AGENDA ITEM #14A NOVEMBER 9, 2015 The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor-commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor-commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor-commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consent agenda; e. Report of committees; f. Action on resolutions; g. Action on ordinances; h. Miscellaneous business; i. City manager reports; AGENDA ITEM #14A NOVEMBER 9, 2015 j. Reports and/or requests from city commissioners and city attorney. (8) Rule 8. The mayor-commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (1 0) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. ( 11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. ( 15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commission, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor-commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor-commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor-commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. AGENDA ITEM #14A NOVEMBER 9, 2015 (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. ( 18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. ( 19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tern shall exercise the duties and powers of the mayor-commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor-commissioner, and in his absence, the mayor pro tem or other city commissioner, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk or her/his designee, and the record of every meeting shall be signed, when approved, by the city clerk or her/his designee and the mayor-commissioner or the mayor pro tem or other city commissioner who presided thereat. (25) Rule 25 Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26 The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. AGENDA ITEM #14A NOVEMBER 9, 2015 (27) Rule 27 It shall be the duty of a city commissioner who will be absent from any city commission meeting to notify the other commissioners of any such anticipated absence. Said notice shall be given as far in advance as possible, either orally at a meeting prior to the one which the commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice to the other commissioners. If the notice includes a request for an excused absence, it shall state briefly the reasons why the excused absence is being requested, and the other commissioners shall vote on the request at the meeting at which it is orally requested or as an agenda item at a subsequent meeting following notice by e-mail. (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS communications (text messaging), MMS communications (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12) AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT CRA Technical Advis01y Committee Jeremy Ilubsch, Building and Zoning Director~ October 26, 2015 AGENDA ITEM # 14B NOVEMBER 9, 2015 BACKGROUND: The City recently approved a contract with the firm VHB for the creation of a Community Redevelopment Agency (CRA). The contract calls for the creation of a Technical Advisory Committee (TAC) to assist the City and VHB with the CRA Study. Staff would like to suggest a 15 member committee with 10 members appointed by the City Commission. The contract states the T AC's role is to: • Represent the community and guide the establishment of the Atlantic Beach CRA Plan • Provide input and refinement for the identification of redevelopment issues and opportunities • Assist in the evaluation and selection of the CRA boundary • Assist in the development of the goals, objectives, and benchmarks for implementing the CRA Plan • Participate in Community Workshops • Recommend the draft plan to City Commission • Identify issues to be addressed by the CRA Plan Ideally, the 15 members will represent a broad cross-section of technical experts, residents, business owners, and stakeholders. Staff has had discussions with several prospective members of the TAC, and the interest level and enthusiasm has been strong. Staff has five recommendations for members of the TAC; John Bryan (Beaches Chamber), Bob Kosoy (FDOT), Donna Rex (Beaches Habitat), Josh Ashby (Fleet Landing) and Matt Schellhorn (Navy Liaison). The remaining members can be nominated by the City Commission. Staff has a list of possible members of the T AC to be considered by the Commission. However, this is by no means a comprehensive list of possible candidates. Rich Trendel-Petra Management Bishop Percy Golden-Holy Church of the Living God Michael Hoffmann-resident Jim Gilmore-Infinity Global Solutions Brian Burke-Planner and Landscape Architect Wanda Martin-Francis Avenue Resident Atillio Cerqueira-Mayport Corridor Business and Property Owner Chris Rule-resident Chris Lambertson-Residential Home Building Susan Green Fairbairn-Planning Consultant Tim Anderson-Attorney BUDGET: None. RECOMMENDATION: Consider nominees forT AC Committee ATTACHMENTS: None