11-9-15 Amended Agenda Packet 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
November 9, 2015 - 6:30 PM
AMENDED AGENDA
Call to order
Invocation and pledge to the flag
1. A. Approve the minutes of the Commission Meeting of 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 1011 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.
*C. Short Purchase and Sale Agreement for 280 Camelia Street, Bennett Property Counter
Offer.
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.
*B. RESOLUTION NO. 15-16
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING POLICE
OFFICERS AND FIREFIGHTERS; REQUESTING LAW ENFORCEMENT AGENCIES TO
INVESTIGATE THE JACKSONVILLE POLICE AND FIRE PENSION FUND’S STABILITY
AND SOLVENCY; PROVIDING FOR DIRECTION TO THE CITY CLERK; AND
PROVIDING FOR AN EFFECTIVE DATE.
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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.
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.
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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
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City
Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing
special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, November 6, 2015.
* The agenda was amended on 11-5-15 to add Items 3C and 6B.
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----------
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
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.../~---------
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
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
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
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
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~~
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.
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