8-8-16 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
August 8, 2016-6:30 PM
AGENDA
Invocation and pledge to the flag
Call to order
1. A. Approve the minutes of the Commission Meeting of July 25,2016.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. Public Hearing-16-SFPA-125-Request for plat approval as required by Chapter 24,
Article 4 of the Code of Ordinances at RE# 172147-0000 and 172150-0000 (previously
known as 115 and 125 Donner Road).
B. Public Hearing-16-UBEX-129-Request for a use-by-exception as permitted by Section
24-111(c)(8), to allow a woodworking shop at 33 W 6th Street.
4. Consent Agenda
ALL MATIERS 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 RECOM-
MENDATIONS HAVE BEEN PREVIOUSLY SUBMITIED TO THE CITY
COMMISSION ON THESE ITEMS.
A. Extend the contract with Moline Electric Motor & Machine, Inc. for Repair of Electrical
Motors & Pumps (Bid No. 1112-08) for one year at the current prices, term being August
27, 2016 to August 26, 2017.
5. Committee Reports
None.
6. Action on Resolutions
A. Resolution No. 16-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME
COURT OPINION IN THE CASE OF REED V. TOWN OF GILBERT, ARIZ, -US. -, 135
S. Ct. 2218, 2221, 192 L. Ed 2d 236 (2015) AND SUSPENDING ENFORCEMENT OF
ALL REGULATIONS GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS
THOSE REGULATIONS RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN
EFFECTIVE DATE.
7. Action on Ordinances
A. Ordinance No. 90-16-225, Public Hearing and First Reading
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC
BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO
THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF
1
BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE
SERVICE-MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND
CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS
OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"),
COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING
("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROHIBITION AND
SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL WITH
EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT
AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS
SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
8. Miscellaneous Business (Discussion only)
A. Discussion on a Tree/Beautification Committee (Mayor Reeves)
9. City Manager
A. 90-Day Calendar (August 2016 through October 2016)
10. Reports and/or requests from City Commissioners and City Attorney
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
5:00PM, Friday, August 5, 2016.
2
MINUTES
REGULAR CITY COMMISSION MEETING
July 25, 2016
IN ATTENDANCE:
Mayor Mitchell E. Reeves
Mayor Pro Tern Jimmy Hill
Commissioner Harding
Commissioner John Stinson
Commissioner M. Blythe Waters
CITY HALL, 800 SEMINOLE ROAD
City Attorney Brenna Durden
City Manager Nelson VanLiere
City Clerk Donna L. Bartle
Invocation and pledge to the flag
AGENDA ITEM #lA
AUGUST 8, 2016
Commissioner Harding gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to Order:
Mayor Reeves called the meeting to order at 6:32 p.m. City Clerk Bartle called the roll and Mayor
Reeves noted that a quorum was present.
1. A.
B.
c.
Approve the minutes of the Commission Meeting of July 11, 2016.
Approve the minutes of the Commission Workshop of June 27, 2016.
Approve the minutes of the Town Hall Meeting of May 7, 2016.
Mayor Reeves asked if there were any conections to the above minutes. There were no conections, so
Mayor Reeves stated the minutes stand as submitted.
Mayor Reeves explained there are two presentations to be given before Courtesy of the Floor.
Mayor Reeves introduced Mr. Jay Handline and Ms. Stevan Brown from Beaches Town Center Agency
and they explained Web.com.
(Commissioner Waters anived at 6:35P.M.)
Discussion ensued with Mr. Handline and Ms. Brown answering questions from the Commission.
Mr. Travis Stratmann, Volunteer Park President, spoke about the Atlantic Beach Athletic Association at
Jack Russell Parle He repmied the 12U baseball team will be attending the Cal Ripken World Series and
thanked the City for the efforts put into the program.
City Manager Nelson Van Liere reported the linlc for the Go Fund used for making a contribution to the
baseball team has been put on the City's website. He also repmied the Cultural A1is and Recreation
Advisory Committee will talk about coming up with a donation at their meeting tomonow.
2. Courtesy of the Floor to Visitors
Mayor Reeves explained the process for public comments and opened the Courtesy of the Floor to
Visitors. City Clerk Bartle called each speaker to the podium.
July 25, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
AUGUST 8, 2016
Page2
E.K. Cottrell 1656 Park Terrace East, spoke in reference to the Safe Routes to School project.
Expressed concern about the tree canopy and feels the solutions are acceptable. Mentioned strong
feedback about suppmi for the path.
Chris Jorgensen, 92 W. 3rd St., mentioned the new time clock and thinks it is nice. Thanked Chief Deal
for the drug bust in his neighborhood. Spoke in reference to the recent earthquake. Would like to see a
test chamber built. Spoke about sonic booms. Feels as if some fine tuning needs to be done when a
complaint is made fi:om a resident about a City employee and he would like to see the individual who
filed a complaint to be infmmed of the status. He is delighted to hear about the accomplishments of the
baseball team.
No one else from the audience spoke. Mayor Reeves closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. Public Hearing-16-UBEX-101-Request for a use-by-exception as permitted by
Section 24-111(c)(3 and 5), to allow on-premises consumption of alcoholic beverages
in accordance with Chapter 3 of the code and limited wholesale operations at 725
Atlantic Boulevard Unit 3 and 15.
City Planner Derek Reeves presented a slide show as he explained the request for a use-by-exception,
the Community Development Board's recommendation to approve with conditions, and his proposed
condition based on comments fi:om the last Commission meeting.
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
Motion: Approve Use-by-Exception 16-UBEX-101 with conditions that; 1) The hours of operation be
limited to 11 PM Sunday through Thursday and midnight Friday and Saturday; 2) Customers be
prohibited fi·om standing in the hallway connecting the two units; 3) That all employees must park in the
rear parking lot; 4) All spent grains and other similar waste from the brewing process be stored inside
the building; and 5) That the occupancy of Unit 15 be limited to 75 people or the number of people as
set by the Fire Marshal, whichever is less.
Moved by Stinson, Seconded by Harding
Planner Reeves answered questions from the Commission. Mayor Reeves read each condition and
confi1med that the applicant agreed to the 5 conditions.
Roll Call Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
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
July 25, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
AUGUST 8, 2016
Page3
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Recreation Programs/Special Events Repmi and
Monthly Financial Report for June 2016.
B. Approve the purchase of Three (3) Gmman-Rupp Pumps in the amount of $61,933 from
Hudson Pump & Equipment Associates, Inc. as they are the City's sole source distributor
of Gorman-Rupp pumps.
C. Accept the Ocean Gate Infrastructure for Ownership and Maintenance.
City Clerk Bmile read the consent agenda.
Mayor Reeves asked if any Commissioner wanted to pull an item from the Consent Agenda for
discussion. Commissioner Hill pulled Item C and Mayor Reeves pulled Item A from the Consent
Agenda.
Mayor Reeves asked Mr. Caffey to explain why Project No. 1407 is listed under more than one area of
the Project Activity-CulTent Year Activity Only page. Mr. Caffey explained the schedule aligns with
the funding sources and this project has two different funding sources.
Commissioner Hill asked staff to give a brief report on exactly what it is we are taking ownership of.
Mr. Kayle Moore gave a status of the development and explained the City is receiving water lines and
services up to the meters, the gravity sewer for sanitary sewer, and the stmm water system. Mr. Moore
answered questions from the Commission.
Motion: Approve the Consent Agenda Item A as read.
Moved by Reeves, No second requested
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Motion: Approve the Consent Agenda Item B as read.
Moved by Reeves, No second requested
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
Motion: Approve the Consent Agenda Item C as read.
Moved by Reeves, No second requested
Votes:
Aye: 5 -Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
5. Committee Reports
AGENDA ITEM #lA
AUGUST 8, 2016
July 25, 2016
None.
6. Action on Resolutions
None.
7. Action on Ordinances
REGULAR COMMISSION MEETING
A. ORDINANCE NO. 20-16-139, 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 APPROPRIATING FUNDS
ASSOCIATED WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
GRANT, AND PROVIDING AN EFFECTIVE DATE.
City Clerk Bartle read the Ordinance by title. City Manager VanLiere explained the Ordinance.
Page 4
Mayor Reeves opened the public hearing. No one in the audience spoke. Mayor Reeves closed the
public hearing.
Motion: Approve Ordinance No. 20-16-139 as read.
Moved by Harding, Seconded by Hill
Votes:
Aye: 5-Harding, Hill, Stinson, Waters, Reeves
Nay: 0
MOTION CARRIED
8. Miscellaneous Business (Discussion only)
A. 16-SFPA-125-Request for plat approval as required by Chapter 24, Article 4 of
the Code of Ordinances at RE# 172147-0000 and 172150-0000 (previously
known as 115 and 125 Donner Road).
Planner Derek Reeves presented a slide show as he explained the request and the Community
Development Board's recommendation to approve with the condition that the drainage and associated
deed restriction be finalized to the satisfaction of staff prior to final approval by City Commission.
Applicant Chris Lambertson, 355 11th Street, stated he is available tonight to answer questions.
Planner Reeves answered questions from the Commission regarding density and whether they are
building across the easement on Ardella Road. City Attorney Durden explained she has been working
with legal counsel for the prope1iy owner regarding the topic of easement and she read information from
the 1989 deed. She indicated that we have the Nmih 30ft. for road and street purposes and we also have
the Northern 1Oft. of that 30ft. which includes a sanitary sewer line noting that it is unlmown when the
30-foot easement came into existence, but everything from 1989 going forward refers to it. She believes
the roadway has been maintained by the City, but has not received written confirmation from Public
Works. She explained that Mr. Lambe1ison does own the property, but it has an easement going through
it and a portion of that actually provides the driveways to the parcels that lie nmih of the area. She
indicated she is still working on the deed restrictions and may need to make changes to it. She repmied
that as far as the density and the development of the seven parcels themselves, they do comply with the
land development regulations for the City.
July 25, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #lA
AUGUST 8, 2016
Page 5
Commissioner Waters spoke about calculating density and asked Planner Reeves how much pe1meable
surface remains if you calculate the roadway into the impermeable surface. Planner Reeves answered the
ones that are affected by the easement has already been constructed so they have been permitted and
reviewed by staff and believes both were in the upper 48% for impervious surface that would calculate
anything in that easement. Commissioner Waters asked why was this platting application not done
before construction. Planner Reeves gave a history of the development explaining how it was originally
developed as multi-family and built with the intention of one day splitting into townhouse-style
developments in order to be sold .as individual units. Ms. Durden rep01ted on her research on
dete1mining what the appropriate side yard setback would be for the triplex on the southern portion of
the property. She stated the question was that if it is considered a townhouse, then the Code allows it to
be a 7 Yz ft. setback; if it is considered a multi-family, it allows 15 ft. and the only real distinction
between the two, based on the definition in the Code, is that in order to be a townhouse, it has to comply
and go through the subdivision platting process. She added, basically, if they wanted to utilize the 7 Yz
ft., they also have to comply with the subdivision requirements.
Mayor Reeves confitmed with the applicant that this property is next to Ms. Joyce Freeman and asked if
everything has been worked out with Ms. Freeman. Mr. Lambertson explained that he has met with Ms.
Freeman several times about the adjoining property line and they are actually going to build a retaining
wall to keep any grade differential and any water flow completely off her property as they did with the
other side of the other property. Mr. Lambertson also explained why he believes his project improves
the neighborhood. Commissioner Stinson asked Mr. Lambertson to explain his plans to sell them and
Mr. Lambertson explained that he plans to sell them for his retirement in about ten years. Further
discussion ensued. Commissioner Hill expressed concern about the liability of owning the easement and
asked the City Attorney to have a conversation with the property owner to see if he has any interest in it.
The consensus was to move this item forward to a public hearing on August 8, 2016.
B. 16-UBEX-129-Request for a use-by-exception as permitted by Section 24-111(c)(8),
to allow a woodworking shop at 33 W 6th Street.
Planner Derek Reeves presented a slide show as he explained the request to allow a woodworking shop
at 33 West 61h Street and the Community Development Board's recommendation to approve.
Commissioner Waters spoke in support of the request stating she believes it is in keeping with the use in
that area. Commissioner Harding expressed concern about the request having to come before the
Community Development Board and the Commission for approval. He stated it is exactly the type of
business that we want in the City and is consistent with the type of building this business is in.
Commissioner Stinson asked what it would take to bring the structure into a conf01ming structure.
Planner Reeves explained it would probably require at least a pmtial tear down. Commissioner Stinson
confitmed that the business falls inside the area of the Technical Advisory Committee (TAC) and asked
how this business fits into what the Community Redevelopment Agency (CRA) has done thus far.
Planner Reeves explained that since the results from the surveys are still being compiled, he does not
have clear direction but hopes to have the final results to the Commission next month. Commissioner
Stinson also asked if the TAC for the CRA has discussed things like facade standards and landscaping
standards and would it meet their goals as is. Planner Reeves believes the TAC would likely be okay
with this business and would be in support of some fas:ade improvements and maybe some landscaping
where possible.
July 25, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
AUGUST 8, 2016
Page 6
Commissioner Hill also expressed concern about the tenant having to come before the Community
Development Board and the Commission for approval to open a simple business or to move it inside the
same general area. He suggested making changes to the Comp Plan such as doing sound enforcement
with a quantifiable meter and make it based on the amount of sound the businesses put out; not the
number of hours they work. Mayor Reeves spoke in support ofthe request.
The consensus was to move this item forward to a public hearing on August 8, 2016.
C. 2016 Annual Evaluations for the Three Appointed Positions
Human Resource Director Cathy Berry explained the information in her staff report and asked the
Commission to pay attention to the August 29 1h deadline so that she can have full pmiicipation and have
them back in time to put a staff report together for the agenda packet the next day. She indicated that she
would email the pdf fill-in form tomonow and send reminders. Ms. Berry spoke about the evaluations
being public record. She explained how she plans to compile the results into a summary and asked that
once the process is over, let her know if you want to make any changes to the tool. She further explained
the goal is for each Commissioner to sit down with each of the three individuals at the beginning of the
evaluation period and go through your expectations. She believes it is not fair to evaluate someone if
they are not sure what it is you are looking for.
Mayor Reeves recommended that each Commissioner sit down with each individual to discuss the
evaluation prior to submitting it to Ms. Beny.
Commissioner Hill explained the evaluation process for these individuals is new; last year was the first
year an evaluation mechanism was utilized for these appointed positions. He believes the Commission
needs to develop it and make it better as they go and use extreme care and caution until the process is
worked out.
Commissioner Stinson explained why he believes evaluations are critical and the importance in having
the person being evaluated do a self-evaluation. He stated reasons why he does not agree with items left
blank being scored as a 3. He suggested having measurable goals.
Commissioner Waters explained why she likes the idea of sitting down with the individuals one on one
and believes some summary of the evaluation being made public is appropriate. She believes that in
order for the evaluation to be productive, it has to be constructive.
Commissioner Harding pointed out that factors to consider have to be consistent, thorough, fair and
honest in order to have an effective evaluation process. Ms. Berry emphasized the importance of setting
expectations and giving feedback on an ongoing basis.
Commissioner Hill expressed concerns and cautioned the Commission that evaluations can be used as a
political weapon. He reiterated that the process is new and can be improved.
Commissioner Stinson asked what other cities do and how many evaluate these positions. Ms. Berry
replied that based on her limited research it is 50/50. Commissioner Stinson expressed his willingness
to have depmiment heads and the three appointed officials evaluate him and for that to be public record.
Commissioner Hill explained that a tremendous amount of work, conversation and review when into the
evaluation product and he believes everyone is happy with it and does not want to get rid of it. He stated
July 25, 2016 REGULAR COMMISSION MEETING
AGENDA ITEM #1A
AUGUST 8, 2016
Page 7
he is looking forward to the evaluations. Discussion ensued about the process and Ms. Beny answered
questions.
D. Sign Code-Suspension of Temporary Non-Commercial Sign Enforcement
City Attorney Durden explained the importance of the proposed resolution and recommended that it be
brought back to the Commission for a fmmal vote at the next meeting. She answered questions about the
tirneline for adopting new sign codes. Commissioner Hill suggested waiting for other cities to revise
their sign codes and use their language.
The consensus was to move this item forward to August 8, 2016 for action.
E. Draft Ordinance regarding a temporary moratorium for "automobile service
stations". (City Attorney)
City Attorney Durden explained the proposed ordinance. Commissioner Stinson explained his reasons
for wanting to move forward. Commissioner Hill asked Ms. Durden whether two parcels that were
previously zoned fueling service stations would be included in the moratorium. Ms. Durden believes that
if it is not an existing business, or Gate Petroleum, there would not be a claim that their prope1ty should
fall within the exemptions of the moratorium; however, if the Commission would like to include them in
the exempt they could. Discussion ensued and it was determined that there is no issue with either parcel.
The consensus was to move this item forward to August 8, 2016 for action.
F. Proposal to eliminate electedofficials@coab.us as a method of communicating.
Commissioner Harding stated his reasons for his proposal to eliminate the group email address
explaining it should help eliminate the possibility of sunshine issues and believes it has caused
confusion about who should respond to ernails. He stated that the Commission should decide whether to
eliminate it or clarify the responsibilities and who should respond to ernails corning in. During
discussion, Mayor Reeves and Commissioner Stinson explained why they were in favor of the proposal.
Commissioner Stinson expressed concern about staff members getting automatic copies of Commission
ernails. Commissioner Hill suggested directing staff to do an evaluation of other small cities as to how
they deal with this, find out what is being done, get direction from Commission and come back with a
recommendation to clarify. Discussion ensued. IT Director Keith Randich answered questions from the
Commission and explained how the ernails are being distributed. He suggested that, if the Commission
decides to eliminate the email group, it be removed from the website and temporarily utilize an out of
office reply that would explain to senders to direct ernails to individual email addresses and not forward
to all Commissioners. Commissioner Waters spoke in suppmt of eliminating it and suggested having
something on the "undeliverable" message asking that they email Commissioners individually because
of the sunshine law. Mayor Reeves suppmted Commissioner Waters' suggestion. Commissioner
Stinson expressed concern that it may make it more difficult for the citizens to communicate with the
Commission and believes that restricting communication between the Commission would be a much
simpler process. The Commission discussed blocking the email address from each of their ernails.
Mayor Reeves explained several options and asked for consensus. The consensus was to direct staff to
come back with some comparative analysis of what other cities do.
July 25, 2016 REGULAR COMMISSION MEETING
9. City Manager
A. City Manager's Report.
90-Day Calendar (July 2016 through September 2016).
AGENDA ITEM #IA
AUGUST 8, 2016
Page 8
• Reported on upcoming items on the calendar: Safe Routes to School Town Hall meeting
on August 27, 2016; Town Hall meeting on October 1, 2016; and Budget Workshops on
Monday, August 15,2016 and Wednesday, August 24,2016.
• Gave an update on TrakiT. Read fi:om a repmi by Finance Director Russell Caffey who
has been designated as the head of TrakiT Implementation. Mayor Reeves questioned
Mr. Caffey's involvement in the project noting he thought the IT Depmiment was in
charge of it. Mr. Van Liere explained that Finance is involved in all of the applications
because they all kind of talk to it and repmied that Mr. Randich is the backup.
• Repmied that the Jacksonville Sheriffs Office has made Atlantic Beach live and is
available to us for the Report Management System.
• Repmied that Jacksonville sponsored the 2016 Hurr-icane Seasonal Regional Table Top
Exercise and he leamed a lot. He observed that several agencies are looking out for the
beaches and have our back should we have a hunicane.
• Advised that the Business Tax Receipts are now alive and well in the Finance
Depmiment and doing just fine.
• Repmied Overlay District for the Town Center is cunently being discussed.
• Repmied he gave out a draft cmi-friendly neighborhood ordinance and is looking for
feedback.
10. Reports and/or requests from City Commissioners and City Attorney
Commissioner Waters
• Repmied she and her husband adopted a baby girl, Sybil. She thanked everyone for the
calls and support.
Commissioner Hill
• Thanked Sheri Law hun for putting out the almm regarding the parks artesian-fed
waterway drying out and the concem for the wildlife. Thanked Mr. Van Liere and his
staff for getting water there for the fish and tmiles so they did not all die.
• Recommended discussing Hunicane Preparedness at a Town Hall meeting to address
citizens' concems.
• Will meet with the City Manager to work on an agenda item for the cmi-friendly topic.
Commissioner Stinson
• Congratulated Commissioner Waters.
• Repmied fems heard from citizens about the sidewalk for Safe Routes to School on the
Northem pmi of Seminole Road possibly having something to do with opening the gate
to Hanna Park and believes the comments should be addressed.
• Congratulated Chief Deal and his crew for having a great police force.
• Expressed the need to try to respond to phone calls and emails within twenty-four hours.
• Suggested using more social media to get information out to citizens and looking into
using a firm that specializes in it.
• Complimented the City for taking the lead in doing something at Howell Park and Mr.
Van Liere for his quick reaction to the concems.
AGENDA ITEM #lA
AUGUST 8, 2016
July 25, 2016 REGULAR COMMISSION MEETING Page 9
• Repmted he attended Acoustic Nights and heard some of the best music. He
recommended the event to others.
City Clerk Bartle
• Congratulated Commissioner Waters.
Commissioner Harding
• Attended the regional Hunicane Table Top Exercise and expressed it was very
informative.
• Glad to hear of the meeting with the Aquatic Drive residents and expressed his desire to
be invited to those meetings in the future.
• Repmted he has not been given a response back to the concerns brought forth by citizens
regarding what preplans and safeguards were used to preserve wildlife there before
clearing the land.
• Congratulated the Atlantic Beach Athletic Association and the baseball team ..
• Asked for volunteers for the Atlantic Beach kickball team that he has volunteered to head
and explained if anyone is interested, get with him within the next two weeks and he will
provide additional information.
City Attorney Durden
• Advised that she will not be at the next meeting on August 8, 2016. Wayne Flowers will
be there in her place.
• Mentioned that she did a memorandum on the TriBridge project as requested and it has
been given to the Commission.
• Reported, in regards to the Gate Station litigation, a Motion for Temporary Injunction
was filed today by Mr. Adeeb asking to prohibit the demolition. The anticipated date for
the hearing is August 8, 2016.
• Advised that, regarding The Cloister, on July 12, 2016, the Code Enforcement Board did
unde1take the hearing to consider their request for a rehearing and the request was denied.
In regards to the insurance coverage, the City is still awaiting final decision from the
insurance company regarding that litigation. However, they have assigned a law firm to
the cases and she has been working with that law firm.
Mayor Reeves
• Reminded everyone of the upcoming Town Hall Meeting by Mayor Cuny and
Councilman Gulliford being held on July 27, 2016 at 7:00 pm at Fletcher High School
and put on by Beaches Watch.
• Congratulated Officer Harding for 30 years of service with Atlantic Beach.
• Repmted he has been working closely with web.com, City Staff, and Community
Leaders.
• Advised he has had several meetings with JT A and one of the topics is about trying to
keep the Beaches Trolley.
• Attended a Chain of Command for the Coast Guard Cutter.
• Represented Atlantic Beach at a reception on one of three Japanese ships in town.
• Advised that on August 5, 2016 we are losing Captain McCall from Maypmt as he is
being transfened.
July 25, 2016 REGULAR COMMISSION MEETING
• Congratulated Commissioner Waters.
• Expressed how proud he is of the baseball team.
AGENDA ITEM #lA
AUGUST 8, 2016
Page 10
• Stated he is supportive of the Golf Cart program, but expressed it is important we get the
suppmi from the other three cities on this before bringing it back, if possible. Mr. Van
Liere indicated he wants to make sure that what he hands the Commission is what the
Commission expected it to be. He explained that the legislation is about setting down the
guidelines to go forward with it and doing it safely.
• Expressed that the Police Depmiment is moving along. He thanked them for sharing with
the citizens on Facebook.
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjoumed at 9:50p.m.
ATTEST:
Donna L. Bmile, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
ST AF.F REPORT
AGENDA ITEM #3A
AUGUST 8, 2016
AGENDA IT .E M: 16-SFPA-125 Public Hen ring
Req uest for pla t approva l ns req uired by Chap ter 24, Article 4 of the
Cod e of O rdinances at RE# 172 147-0000 and 172 150-0000 (previously
known as I 15 and 125 Donn er Roa d).
SUBMITTED BY: Derek W. Ree ves, Planner /~
DATE: July 22, 2 01 6
STRATEGIC PLAN LINK: N one
BACKGROUND : The a pplica nt is Chris Lambertson, t he owner of 125 Donner CDL LL C a nd Donne r
COL LLC, who owns the properties previ ously known as 115 a nd 125 Donner Road. The app li ca nt is
req u estin g to have the two prope rties plat t e d into seven townhome lots co n s is t e nt with the seven
unit multi-fa mily project und e r co nstru c ti o n.
The prope rty itsel f is a s li gh t "L'' s h ap e with a pproxima t e ly 0 .658 acres of total la nd. See the plat
document in th e application p acke t for more d e t a il on lo t layout. The w est e rn portio n of the
property is a lready d eve loped with two 2-unit styl e townhomes with two facing Donner Road a nd
the other two fa cing Ard e ll a Road. Another 3-unit townhome building is unde r co nstruction o n the
east sid e of the p ro p e rty.
The pro p e rty is within the Residentia l Multi -Family (RG-M) zoning di s tri ct, whi ch do es allow multi -
fami ly d e ve lopme nt on a s ingl e p arce l as seen in the curre nt condition. Th e prope rty is w ithin the
Reside ntia l High (RH) future l and use designation, which a llows up to 20 r eside ntia l dwelling units
p e r acre as estab li s h ed by Table A-:J of th e Comprehensive Pla n. ln thi s case th e property is allowed
up to 1 3 units, but t he applica nt is on ly buildin g 7 uni ts as indica t e d in th e plat. As a result, e very
individua l l ot exceeds the minimum r e quirement of 2 ,175 squ a r e feet found in Section 24-88(a) by
more tha n 50 percent.
Th e existing a nd under co ns truc ti on units were built to townhouse s ta nda rds meaning t h a t t h ey a r e
able to b e s ubdivid e d and sold individually as required by the definition of "t o wnhouse" in Section
24-17.
The plat was heard b y th e Community De ve lopment Board on j u ly 19ll•, 2 016 w he re the board
vote d una nimously to recommend approva l with t h e co nditi o n tha t the drainage and associa ted
d eed r estrictio n be finaliz e d to th e satis fa c tion of s t aff prior to fi nal a pprova l by City Commission.
BUDGET: No ne.
RECOMMENDATION: (From the COB) T o approv e the plat 16 -SFPA-125 .
ATTACHMENTS: C OB stafft·epol't; 16-SFPA -125 app li cation; Zo nin g, FLUM Map s .
~
REVIEWED BY C ITY MANACER: -~~-f...£.2~-:-~=w=G-J:...~.-&.o:::..•;1r_-=~=:::..:;c.._----------
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.A
16-SFPA-125
AGENDA lTEM #3A
AUGUST 8, 2016
Request for plat appro val as required by Chapter 24, Article 4 of the Code of
Ordinances at RE# 172 147-0000 and 1 72150-0000 (previou sly known as 11 5
and 1 2 5 Donner Road).
125 DONNER ROAD
CHRIS LAMBERTSON, 125 DONNER CDL LLC AND DONN.ER CDL LLC
July 8, 2016
DEREKW. REEVES, PLANNER
The a ppUca nt is Chri s Lambertson, th e owne r o f 125 Donne r CDL LLC a nd Donner COL LLC , who owns the
prope rti es pre viously known as 115 a n d 125 Donner Ro a d. The a pplicant is reques ting to have the two
properties pl a tte d into seven townhom e lo ts co ns is t e nt with the seve n unit multi-fa mily proj ect und e r
construction.
Th e property i tself is a s li ght "L" s h ape w ith a pprox im ately 0 .658 acres of total la nd. There a r e 120 .52 feet of
s treet frontage on Donner Ro a d and SO feet of street fro nta ge on Ardell a Road. The full depth of th e property
is 316 feet on the west s id e. The northe rn 3 0 feet is part of an ex is ting easement for Arde lla Road. Th e east
side of the property i s 186.32 fee t d eep a t the sou th e nd b e fore joggi ng west 7 0 feet a nd continuing the
r emaining 140 feet north. See the p la t document in the a ppli ca tion packet for more d e t a il. Th e western
portion of th e property is a lready d eveloped with two 2-unit style town homes with two fac ing Do nn er Road
a nd the o th e r two fa cing Ardella Ro ad. Anoth e r 3-unit t o wnhome building is unde r co n s truction on th e eas t
s id e of the prope rty.
The prop erty is within the Residentia l Mu l ti -Fa mily (RG-M) zo ning district, wh ich does a llow multi-family
d evelopm e nt on a s ingl e parcel as seen in the cur r e nt co ndition. The prope rty is within the Residenti a l Hi gh
(RH) futu re la n d use d esignation, whi ch all ows up to 20 residential dwelling units per acr e as es t a bli shed by
Ta bl e A-1 of the Compreh e n s iv e Pla n . In th is case th e p rop erty i s a llo wed up to 1 3 units, but the a ppli ca nt is
o nly building 7 u nits as indi cated in t he pl a t. As a result, eve ry individua l lot exceeds the minimum
r e quire ment of2,175 s quare fee t found in Sec ti o n 24-88(a) by more than SO p ercent.
Th e existin g a nd unde r co ns truct ion uni ts were built to townhouse standards meani ng that t h ey a r e a ble to
b e s ubdivid e d a nd sold in di v idua lly as requ ired by the defin iti on of''townhouse" in Sec tion 24-17.
Th e plat doc um e nts were s till unde r r evi ew by City s taff a t the t im e this r epo r t was wri tten so a dditional
information may b e m a d e ava il abl e prior to or during th e meeting.
AGENDA ITEM #3A
AUGUST 8, 2016
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the
City Commission of the requested plat (File No. 16-SFPA-12 5) as required by Chapter 24, Article
4 ofthe Code of Ordinances within the Residential Multi-Family (RG-M) Zoning District at RE#
172147-0000 and 172150-0000 provided:
1. Approval of this plat is consistent with the intent of the Comprehensive Plan.
2. Approval of this plat is in compliance with the requirements of Chapter 24, Article 4 of the
Code of Ordinances.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested plat (File No. 16-SFPA-12 5) as required by Chapter 24, Article 4 of
the Code of Ordinances within the Residential Multi-Family (RG-M) Zoning District at RE#
172147-0000 and 172150-0000 provided:
1. Approval of this plat is not consistent with the intent of the Comprehensive Plan.
2. Approval of this plat is not in compliance with the requirements of Chapter 24, Article 4 of
the Code of Ordinances.
Page 2 of 2
i tb --s F ·PA -I z..s r--------------------------------------------------------
APPLICATION FOR REVIEW OF
SUBDIVISION CONCEPT PLAN
AGENDA JTEM #3A
AUGUST 8, 2016
City of Atlantic Bench · 800 Seminole Road · Atlantic Bench, Flm·idn 32233-5445
Phone: (904) 247-5800 · FAX (904) 247-5805 · llttp://www.conb.us
Date --"""6--'-~.!..-1 ,::...-...L../_;_1 ..:;:..& __ _ FileNo •. ________ _
1. Applicant's Name IJ.5 '11.ww. CD L LLL 1-U.,.v.u<r CfJL LLC.
2. Appllcnnt'sAddr ess Cb ci> /...w~;J ,35!2 II~ !Shuwt' AtfAAJn ·c,. fu¥1.., PI-3JJ33
3. Propet·ty Location \.7-( D"'.vJcl{1 II(" t )11 \P..v#llf r 90 A-J-q ~ {} ~
4. PropertyAppt·aiser'sReni EstateNumber 1/J.-141 ~ OoQQ 1 11J,I)"OO
5. Curren I· Zonlng C la ssification 6. Compnhensivc Plan Future Land Osc designation ___ _
7. Size of Parcel 5o 'f ?.l l 0 t ?o 'f 1 ~0
Application fee of $150.00, as establisl•ed by Section 24-69(7)c, must be included
with this application.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or a uthorized person if owner's authm·izotion foa ·m is attnclted:
Printed or typed naroe(s): ~72.,..,
Signature(s): --c.~..,...,..: ..... ::L~...:<~~::;.,.,.,.;...~___::=-------------------
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING TBlS AI'PLICATlON
Name: Llo·-, ~/w-t)mv
MailingAddress: .._:f.55 ;;"",it HAMiz e: hd!. rL 32-?33
Phone: fof 3L/'!-zgo) FAX: Cjof -rJ~/-'77t/8 E-mail: t'X~t'v~~ir!A~>fe..}.{'/c:a--l;
AR.lJELLA PLA CE
A PART OF LOT 15, DONNER'S SUBD IVI SION AS RECORDED
IN P LAT BOOK 8 , ?AGE L OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA AND BEING IN
SECTION 17, TOWNS HIP 2 SOUTH, RANG E 29 EAST, CITY OF
ATLANTIC 8~CH, DUVAL COUNTY, FLORIDA
JACKSON ROAD ----------------------------
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PLAT BOOK PAGE
SHEET ...1... OF .L
ARIJELLA PLACE
A PART OF LOT 15, DONNER'S SUBD-IVISION AS RECORDED
IN PLAT BOOK 8, PAGE 4 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA AND BEING IN
SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF
ATLANTIC BEACH, DUVAL COUNTY, FLORIDA
CAPTION
A PART OF LOT 15, DONNER'S SUBDIVlSION ACCORDING TO A PLAT
THEREOF RECORDED IN PLAT BOOK B, PAGE 4 OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA AND MORE PART1CULARLY
DESCRIBED AS FOLLOWS:
FOR A POINT OF BEGINNING, COMMENCE AT THE IN1ERSECTION OF WEST
LINE OF SAID LOT 15, AND THE NORTH RIGHT OF WAY LINE OF DONNERS
ROAD AS SHOWN ON PLAT RECORDED IN PLAT BOOK 19, PAGE 16, OF
SAID PUBLIC RECORDS; THENCE NORTH 00'38'45" WEST, ALONG THE
WEST LINE OF SAID LOT 15, A DISTANCE OF 316.00 FEET; THENCE NORTH
89'46'30" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00'38'45"
EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 15, A DISTANCE OF
140.00 FEET TO THE SOUTH LINE OF THOSE LANDS DESCRIBED IN
OFFICIAL RECORDS VOLUME 9601, PAGE 1777 OF SAID PUBLIC RECORDS;
THENCE NORTH 89'46'30" EAST, ALONG THE SOUTH LINE QF LAST SAID
LANDS, A DISTANCE OF 70,00 FEET; THENCE SOUTH 00'38'45" EAST,
PARALLEL WITH THE WEST LINE OF SAID LOT 15, A DISTANCE OF 186,32
FEET TO THE AFOREMENTlONED NORTH RIGHT OF WAY LINE OF DONNERS
ROAD; THENCE NORTH 85'18'40" WEST, ALONG SAID NORTH RIGHT OF
WAY LINE, A DISTANCE OF 120.52 FEET TO THE POINT OF BEGINNING.
CONTAINING 28,739 SQUARE FEET, OR 0.66 ACRE, MORE OR LESS.
CITY OF ATLANTIC BEACH APPROVAL
THIS IS TO CERTlFY THAT THIS PLAT HAS BEEN EXAMINED, ACCEPTED AND
APPROVED BY THE CITY COMMISION OF ATLANTlC BEACH, FLORIDA.
MAYOR MITCHELL E. REEV'ES___ CITY CLERK DONNA L. BARTLE
DATE:----------DATE_ -------
APPROVED FOR THE RECORD
THIS IS TO CERTIFY THAT THIS PLAT HAS BEEN EXAMINED, ACCEPTED AND
APPROVED BY THE CITY OF ATLANTlC BEACH, DUVAL COUNTY, FLORIDA,
PURSUANT TO CHAPTER 24, ARTlCLE IV, ORDINANCE CODE.
DONALD D. JACOBOVlTZ, P.E.
DIRECTOR OF PUBLIC WORKS
DATE: ----------
ADOPTION AND DEDICATION
THIS IS TO CERTIFY THAT DONNER COL, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, AND 125 DONNER COL, LLC, A FLORIDA LIMI1ED LIABILITY COMPANY, ARE
THE LAWFUL OWNERS OF THE LANDS DESCRIBED IN THE CAPTION HEREON KNOWN
AS ARDELLA PLACE, HAVING CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED.
THIS PLAT BEING MADE IN ACCORDANCE WITH SAID SURVEY IS HEREBY ADOPTED
AS A TRUE AND CORRECT PLAT OF THOSE LANDS. NO PART OF THE LANDS ARE
DEDICATED TO THE CITY OF ATLANTIC BEACH OR THE COUNTY OF DUVAL.
IN WITNESS THEREOF, CHRIS LAMBERTSON, PRESIDENT OF DONNER COL, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE SIGNED
THIS ________ DAY OF _______ , A.D., 2016.
WITNESS' --------
PRINT NAME:
BY: -----------
WITNESS: --------
PRINT NAME'-------
STATE OF FLORIDA, COUNTY OF DUVAL
CHRIS LAMBERTSON
PRESIDENT
DONNER COL, LLC
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
----------DAY OF , A.D., 2016,
BY CHRIS LAMBERTSON, WHO IS PERSONALLY KNOWN TO ME OR WHO HAS
PRODUCED---------AS IDENTIFICATION AND WHO DID (DID
NOT) TAKE AN OATH,
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
PRINT NAME: _________ _
COMMISSION NO.:
MY COMMISION EXPIRES:
IN WITNESS THEREOF, CHRIS LAMBERTSON, PRESIDENT OF 125 DONNER COL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE
SIGNED THIS DAY OF____ , A.D.,
2016.
WITNESS: --------
PRINT NAME:--------
"'TNESS' -------
PRINT NAME:
BY' ~C~H=RI~S~L~AM~B~E~RT~S~O~N
PRESIDENT
125 DONNER COL LLC
STATE OF FLORIDA, COUNTY OF DUVAL
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
--------DAY OF , A.D., 2016,
BY CHRIS LAMBERTSON, WHO IS PERSONALLY KNOWN TO ME OR WHO HAS
PRODUCED--------AS IDENT1FICAT10N AND WHO DID (DID
NOT) TAKE AN OATH.
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
PRINT NAME:
COMMISSION NO.: -------------
MY COMMISION EXPIRES:
PLAT BOOK PAGE
SHEET ..1_ OF ...1...
CLERKS CERTIFlCA TE
THIS IS TO CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND APPROVED,
AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS OF CHAPTER
177, FLORIDA, STATUTES, AND SUBMITTED TO ME FOR RECORDING, AND IS
RECORDED IN PLAT BOOK ---------PAGES
------OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
SIGNED THIS ------DAY OF , A.D., 2016.
RONNIE FUSSELL DEPUTYCLERK -----
CLERK OF THE CIRCUIT COURT
PLAT CONFORMITY REVIEW
THIS PLAT HAS BEEN REVIEWED AND FOUND IN COMPLIANCE WITH PART 1,
CHAPTER 177, FLORIDA STATUTES, THIS---------DAY OF
---------A.D., 2016.
KATHY L WADE, P.S.M.
PROFESSIONAL SURVEYOR and MAPPER
FLA. LICENSE No. LS 6164
SURVEYORS CERTIFICATE
THIS IS TO CERTIFY THAT THE ABOVE PLAT IS A TRUE AND CORRECT
REPRESENTATION OF THE LANDS SURVEYED, PLATIED AND DESCRIBED IN THE
CAPTlON, THAT THE SURVEY WAS PREPARED UNDER MY DIRECTlON AND
SUPERVISION, AND THAT THIS PLAT COMPLIES WITH ALL OF THE SURVEY
REQUIREMENTS OF CHAPTER 177, PART I, PLATIING; THAT THE PERMANENT
REFERENCE MONUMENTS HAVE BEEN PLACED ACCORDING TO THE LAWS OF THE
STATE OF FLORIDA AND THE CITY OF JACKSONVILLE BEACH, FLORIDA. SIGNED
AND SEALED THIS -------DAY OF A.D.,
2016.
DONN W. BOATWRIGHT, P.S.M
PROFESSIONAL SURVEYOR and MAPPER
STATE OF FLORIDA LICENSE No. LS 3295
BOATWRIGHT LAND SURVEYORS, INC,
150D ROBERTS DRIVE
JACKSONVlLLE BEACH, FLORIDA 32250
LICENSED BUSINESS Na. LB3672
PREPARED 8'1':
DONN W. BOATWRIGHT, P.S.M.
FLA. REGISTRATION NQ, 3295
BOATWRIGHT LAND SURVE'I'ORS, !NC.
1500 ROBERTS DR!VE
JACKSONVIW: BEACH, FLORIDA
{904) 241-8550
rd Zonn1g Districts
~CBD -CG -a.
0 CPO
SP •uw
-PUD
0 SPA
Cenzro/Business District
Commerdal. ~nero/
Commercial. Umiced
Commercial. Profossiona/ Office
Sp«ial Pllrpose
Ught Industrial & Warehousing
Planned Unit Development
Special Pfanned ~a
-OON Conservation
c:J RS-l Residential. Single-Family. LDrye !Drs
D RS-1 R~dential. Singi~Family
c::J RS-2 Residenriat Single· Family
c::J RG Residentiat General, Two -Family
D RG-M Residential Genernl. Multi-Family
Ci ty of At/.antjc Bea.ch
Official Zoning Map
Depicrinz Ameocfmems ~
Ordi=xeNumber ~1Q..212
,.
0 3(10 1.000 2.000 3,.DIXI "'®· ·--==--==~--FMt ,
LAND USE OESJG NATIONS
RESIDENTIAL. DEVELOPMENT AREAS
Residential Low Density {RL)
Up ro six (6) dwellng un~ per acre.
Residential Medium Density (RM)
Se\'en {7J to burtem (14) dWd"ng units per acre.
• Residential High Density (RH}
Fifteen ( 15} 10 ~ (20) dweling ~mils per acre.
NON-RESIDENTIAL D EVELOPMENT AREAS
• Commercial (CM}
~Central Business District !CBOI
• Ught Industrial (lJl)
• PubliciSemi..Public (PISP)
• Recreation!Open Space (RIO)
-.-Conser~ation (CON}
--Coastal Construction Control Line (CCCL)
ArN:~~c.:.r--~; C.act-*>bo>_by_-..,_
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0 025 0.5
Atlantic Beach, flo rida
Geographical Information System
Community Devetopmen.t Department
CITY OF ATLANTIC BEACH
C ITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #JB
AUGUST 8,2016
AGENDA ITEM: 16-UB EX -1 29 Public Heariug
Requ es t for a use·by-exce pti on as pe rm itted by Section 2 4-Jll(c)(8), to
a ll ow a woodworking shop at 33 W 6111 Street .
SUBMITTED BY: Derek W. Reeve s, Plannc:,/L
DATE: July 22, 201 6
STRATEGIC PLAN LINK: No ne
BACKGROUND: T he app l icant is Adam Rowley, CEO and Pres ide nt of AlA Wood works, LLC, who is
requ estin g to ope n a woo dwo rkin g shop in an ex istin g building at 33 Wes t 6'11 Stre e t. Th e bu s iness focuses
on th e repa it· and J·eslora tio n of s ta ndal one wood f1 1rn iture fo r individual cli ents. A use-by-excepti o n is
required by Sect io n 24-lll (c)(8) to a ll ow a woodworking sho p.
The property is located within the Comm e rc ial Gene ra l (CO) zo ning di s trict wes t of Mayporl Road on 6'11
Stree t. The surroundin g prop erties on all s id es are also CG. T he nearest res id e ntial property is a s in gle
family ho me in th e Re si denti a l Ge ne ra l (RG) zo nin g di strict I 50 feet to the we st. T he propert y con s ists
o ne bu il ding wi th pav ed pat·kin g in front and fenced in s id e and rea r yat·d s. The bllildin g it se lf is 1500
square feet with two roll up doo rs in th e fro nt a nd a standard door in betwee n. The in s id e of th e building
is finished with a ir co nd itioning.
T he bu s ine ss will have a s in gle trail e r used to move c li ents' furniture to and from the shop tha t will be
stored behind th e fence . Typica l operation w ill have cli ent s make appoi ntments to visit the s hop so the
numbe r cli e nts in th e s hop at any give n tim e wi ll be minimal , redu c in g the demand for parkin g. The
bu s in ess is currently ope n between J 0 AM lind 6 PM Tues day tltro ug h Saturday. The wo rk itse lf wi ll be
d one ind oors where a du st co ll ecti on sys tem will take Cflt·e of sa w dust. The saw dus t and other woo d
material waste are donated and sta nd ard tra sh wi ll be ha ndl ed by C ity's waste co ll ecti o n se rvices.
T he Co mprehe nsiv e Plan addresses commercia l de ve lo pm e nt within t he May port Road corrid or in a
co upl e of area s. Po li cy A .l .l 0.4 is co ncerned about redeve lo pm ent be in g co nst ant w ith co de
r equ irements. Po li cy A. I. 10.5 co ncerned with elimination of lig ht indus tri al uses a nd promoting
neighb orh oo d se rv ing bu siness es.
Th e pla t was h eard by t h e Co mmunity Develop m ent Board on july 19lh, 2 01 6 where th e board
voted una nimou s ly to recommend a pprova l to the City Commission.
BUDGET: No ne.
RECOMMENJ>ATJON: (From th e C OB) To approve the Usc-By-Excepti on 16-UBEX-129.
ATTACHMENTS: CD B Staff Re po rt; I 6-UBEX-129 applica ti on; Zon ing, F LUM Map s;
Public Notices .
REVIEWED BY C ITY MANAGER: -~___:___.,.4,-~..<(/c~~::;..;:~_,,t..:::;?~-tt:::;.A-t.;:; . .!----------
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.B
16-UBEX-129
AGENDA I TEM #38
AUGUST 8, 2016
Reques t for a use-by-exce ption as permitted by Section 24-111 (c)(BJ to allow a
woodworking shop at 33 West 6th Street.
33 WEST 6Tt1 STREET
AlA WOODWORKS
Ju l y 8, 2016
DEREK W. REEVES, PLANNER
Th e app li cant is Adam Rowl ey, CEO and Pres ident of AlA Woodworks, LLC, who is requesting to open a
woodworking shop in a n existing building at 33 West 6 1h Street. The busin ess fo c uses on the repa ir and
restoration of s ta nda lone wood furnitllre for individual c lients. This includes repairing or replacing pi eces as
well as s m all scale c ustom builds. A use-by-exception is required by Section 24-111(c)(8) to a llow a
woodworking s h op.
The property is located within the Commercial Ge n e ral (CG) zoning di s trict west of Mayport Road on 6th
Street. The s urround in g properties on a ll s ides are also CG. The nearest r esidential prope rty is a s ingl e family
home in the Re s idential General (RG) zoning di s tri ct 150 feet to the w est. The r e is also anoth er comm e rcial
bu s iness between t hi s property and the residential property. The property co n s ists one building with paved
parking in front and fen ced in s ide and rea r yards. The b uilding itself i s 1500 s qua re feet with two r oll up
doors in the front and a ~tanda 1·d door in betwee n. The inside of the building is finished w ith air conditioning.
The bus iness will hav e a s in gle traile r used to move clients' furniture to and fr o m the s hop that wHI be s tored
behind the fen ce. Typica l operation will h ave cli e nts m ake appointments to visit the s h op so the number
c li ents in the shop at any gi,ven t im e will b e minima l, reducing the d e mand for parking. Current operations of
the bus iness are a s ingle employee working betwee n 10 AM and 6 PM Tuesday through Saturday, though
the re they would like to add staff. The work itself will b e done indoors where a dust collection system will
take car e of saw dust. The saw dus t and other wood material was te are don ated and sta ndard trash w ill b e
ha nd led by City's was te collection services. Planne d s ignage w ill b e m inimal and consistent w i th code
requirements.
The Comprehensive Plan add r esses commercial developme nt within the Mayport Ro a d corridor in a couple
of areas. Pol icy A.1.10.4 states;
"The City sha ll actively support the appropriate red evelopment and inji/1 development of the Mayport
Road corridor. Retail and service uses that susta in neighborhoods, and encourage a more aesthetically
pleasing and pedestrian friendly environment shall be enco urag ed. New developm ent along Mayport
Road shall be in co mpliance with the Commercia l Corridor Development Standards as set forth within
the Land Deve lopment Regulation s."
AGENDA ITEM #3B
AUGUST 8, 2016
While this property is not subject to the Commercial Corridor Development Standards, the existing built
conditions are not consistent with other codes and specifically parking and landscaping. However, the
property is fairly small and a full redevelopment may be unlikely.
Policy A.1.10.5 also addresses commercial development within the Mayport Road corridor and states;
"Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive
sales and repair businesses and other more intensive commercial business activities shall be discouraged
in favor of those businesses and uses that provide neighborhood serving retail products and services that
generate daily activity and interaction between residents of the surrounding neighborhoods such as
banks, drugstores, restaurants, churches, child care centers, grocery stores and similar businesses and
uses."
When looking at the Standard Industrial Classification (SIC) system, aspects of the business are consistent
with service uses allowed by right in the CG zoning district, but other aspects of the business are similar to
manufacturing uses found in light industrial areas. In the case of this business, they do provide a service to
the neighborhood and surrounding neighborhood, though perhaps not as much daily activity as retail or
other services.
Staff recommends that a couple of conditions be considered be considered. First would be to set allowable
hours of operation that are agreeable to the applicant. This would provide added protections for nearby
residential properties. Second would be to limit the number of commercial vehicles, including trailers, parked
outside on a continuous basis to one. This would be consistent with the restrictions placed on contractors
within the CG zoning district.
Page 2 of 3
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM# 3B
AUGUST 8, 2016
The Community Development Board may consider a motion to recommend approval to the
City Commission of a requested Use-by-Exception (File No. 16-UBEX-129) to allow a
woodworking shop within the Commercial General (CG) Zoning District and located at 33
West 6th Street provided:
1. Approval of this Use-by-Exception is consistentwith the intent ofthe 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.16-UBEX-129) to allow a woodworking
shop within the Commercial General (CG) Zoning District and located at 33 West 6th Street
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 3 of 3
APPLICATION FOR A USE-BY -EXCEPTION
Ci ty of Atlantic Be ach · 800 Seminole Ro ad ·Atlantic Be nc h, Flol'lda 32233-5445
Phone: (904) 247 -5826 · FAX (904) 247-5845 · http://www.coftb.us
AGEN DA ITEM# 36
AUGUST 8, 2016
Date ___ 6_J:..cu:...;.n.;..;e;_2;;:.0"-1_6=-------File No. ___________ Receipt __________ _
1. Applicant's No me A1A Woodworks LLC
2. App li cant's Address 111 Le vy Rd, 32233. --33 W 6th St. 32233
3. Property Location 33 W. 6th St. Atlanic Beach, FL 32233
4. Prope•·ty Appraise r 's Real Esta te Number 170746-0050, Sec H Blocl< No . 34 Lot No .. _4 ___ _
S. C urre nt Zoning Classifica tion CG 6. Co mprehensive Plan Future Land Usc designation _C_G __
7. Req ues ted Use-by-Exce p tion 24 -1 11 (8)
8. Size of Parcel __ 0::.:·...:.1 ....:..1 ....:..A..;.;c~r.:::.es=----------9. Utility Provider JEA
10. Statement of facts and special rea so ns for the •·equ es tcd Use-by-Exception , which demonstrates complinnce with
Section 24-63 of th ~ City of Atlantic Bench Code of O rdinances, Zoning And Subd iv is ion Reg ulntions. · Attach as
Ex hibit A. (The nttached guide may be use d if d es ired. Pl ease address each It em, as app r opriate to this request .)
II . Provide all of the followin g informntio n. (All informntion mus t be provid ed before an app li ca tion is schedu led for a ny
pub lic hea r·in g.)
a. Site Plan showin g the lo ca tion of nil s tructures, temporary nnd p e r·ma nent, including setbacl1s, building hei ght,
numbe r of s to ries and s qua r e footage, imper viou s s u r face area, and ex istin g a nd/or p roposed driveways.
Identify any existing s tructures a nd uses.
b. Proof of ownership (de ed or ce rtlfi cn te by lnwye r or abs tract co mpany o •· title co mpany thnt verifies reco rd
own er as above). If the a pplica nt Is not the ow ne r, a letter of a uthorization from t he ow ner(s) for npp ll cant to
represe nt th e ow ner for· a ll purposes r elated to this application must be p rov ided.
c. Survey and lega l description o f property so ught to be rezo ned. (Attach as Exhibit B.)
d. Req uired number of copies. (Two (2) co pies of nil documents th at are not hu·ger th nn II x 17 inch es in size. Jf
plnns o r ph otog ra phs, or colo•· a ttachments arc s ubmJtted, please provide eight (8) c:opies of these.)
e. Appli catio n Fee ~~ . .0~ ($350 .00)
I HEREBY CERTIFY THAT ALL INFORMATI ON PROV IDED WITH THIS APPLICATION IS CORR ECT:
Signature of ow ner(s) o r· nu thorized pers on if ow ner's nuthol'iz ntion form is nttached:
Printed or typed name(s): Adam Rowl ey
Slgnnture(s): --------------------------------
AOL)RESS AND CONTACT INFORMATIO N OF PEllSON TO RECE IVE ALL CORRES PO NDENCE REGAR DI NG THIS
APPL ICATION Name: _;.A..;.;d;;.;a:.:..m~R:.::o_.:.:w:.:..l e~y~---------------------
Ma iling Address: 111 Le vy Rd. 32233 --33 W. 6th St, 3 2233
Ph one: (904) 382 • 8321 FAX: E-ma il: a1awoo dwork s@g mail.com ----------------------
EXHIBIT A
AGENDA ITEM# 3B
AUGUST 8, 2016
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
I. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
Ingress and Egress will remain unchanged for existing building on property, which will allow free and easy access fo
traffic flow and control, as well as emergency services' access in case of fire or catastrophe.
2. Parking and Loading Spaces, where required, with particular attention to the items in (I) above.
Parking and loading will occur in the concrete drive area located in front of the building on the parcel, and not in the
public roadway of W 6th St. See Map showing boundry survey--Exhibit 81
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception
being requested.
The potential for adverse impacts on adjoining properties ' general area is zero percent. Any and all
materials, work, processess etc will be stored I conducted inside the building, which is sealed with climate
control, dust collection, and air filtration devices.
4. Refuse, trash collection and service areas, with particular reference to items (I) and (2) above;
All large wood scraps are donated to variaJJS members of the p11blic for firewood, smoker cooking, etc
Sawdust is also donated to the public, including the local girl scouts troop. Any remaining waste is bagged
and disposed of through city-provided, waste management services.
5. Utilities, with reference to locations, availability and compatibility;
JEA is Utility provider. and is completely compatible with any/all energy needs.
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use.
As mentioned previously. all work will be conducted indoors with proper collection techniques. Therefore, no costs
and/or impacts will be exteralized upon adjacent properties.
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.)
As per section 17-2, and 17-26 of the co a b municipal code, a "fascia," sign no bigger than three square feet would e
mounted on the main door of the building. For an example, see exhibit C, page 2.
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
See Exhibits 81, 82, and 83.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
General compatibility with surrounding area is excellent. A 1 A Woodworks is a perfect fit for the building at this
location, as well as complenting the existing and surrounding businesses very well.
Other information you may wish to provide: __ _.:::..C..::co.:.:nt.:.:.in:..:.u::ce::..:d::.....::.o:..:.n...!:p""a""g..::cec.::2=-=-of'-E=-x:.:.:h..:..:i_b'-'-it_A ______ _
Exhibit A Cont'd
A GENDA lTEM # 38
AUGUS'I' 8,2016
I 0. The closest border of the prope rty is loca ted appro ximat ely 145 feet from th e Mayport Rd corrido r/rig ht of way.
II. There n total of fiv e wo odwo rking firm s-including AlA Wo od work s ·-located in the city of At lanti c Beach. The
othe r four fo cus spec ifi call y on cabi nt!try and/o r bui lt -i n furni shings . A I A Wo od work s is difTe rent, as its primary foc us
is stand-a lone furnilure. After making co ntac t with all fou r of th e ot her Atlan tic Beach ba sed woodwork ing firm s, A I A
Woodworks has successfull y referr ed bu si ne ss to them according to their respecti ve specia lti es. And converse ly.
th ey've each referre d bu siness to A I A Wood wo rks. The fo cus of A I A Wood works' bu sin ess not on ly se pa rates it
from the othe r woodworki ng firms here in Atl anti c Beac li. but it 11 lso se pnmtcs A I A Woodwork s from oth er fi rm s
throughout I he greate r ei ty of Jacksonvi ll e.
Genera l Description of AlA Woodwo l'k S, LLC
Fou nded in 201 3, A I A Woodworks has thu s far been operated solel y by me, Adam Rowl ey , hore in
Atl antic Beach. It is a specia lty woodworking firm focu sing on a ll th ings related to free stand in g, wood furniture . Jn
A I A Woodworks ' few years of ex istence, its rep utation for qua lity work and serv ice has drawn customers from all
over th e beaches , th e greater Jacksonv ill e area, and ev en throughou t the Southeast region of th e US to our beaut iful
ci ty of At lanti c Beach. Addi tionally, my firm has also success fully completed mu lt ip le projects for the US Navy and
US Coast Guard . Sin ce th e begin nin g, Atlantic Beach ha s been a wonderful home to th e compa ny and me, and I
hope to co ntinu e growing A I A Woodworks at thi s ne w location in our ci ty.
In te rm s of daily busin ess, AlA Woodworks' hours of operation are Tuesday -Sa lurd ay, 10 am -6 pm .
Projec ts tak en on at thi s shop are very small sca le in na ture. Typ ical proj ects inc lude repa ir ing I rep lac ing broken
piec es and parts to furniture such chair or tab le legs , etc .; cus tom-b uild s on small sca le for piece s th at are typ ica ll y
too sma ll for oth er larger comp an ies; furniture modifi ca tion s a nd restoration s; and , any of the other odd or ecce ntri c
cus tom woodworking ne eds of publi c. All the work is don e in sid e the shop. Mate rial s and products are tra nsported
via trail er, and by me perso na lly, to and from everywhere th ey may trave l. Th e tra il er is store d beh ind th e fenc e on
the s ide of th e bu il d in g-see Ex hib it C, page 2 of 3, and 3 of 3.
In its three short yea rs, A I A Woodwo rks has had j ust as many location s. How ever, 33 W 61 ~ ST is location
large e nough for company to grow in to . Plenty of pa rkin g, ease of access to th e public, friendly nei ghb ori ng
busines ses, and per haps, the ab il ity to grow to a poi nt where jobs will be crea ted right here in Atlantic Beach.
Ultim ate ly, it is my hop e that you wi ll see A 1 A Wood work s as an asset to th e com munity . For re feren ce , I
as k that you vi s it my website, wwii'.Ct / awoodworks. com , or read so me of my customers' reviews on Goog le. That's
whe re you can really get a feel for what kind of com pany A I A Wo od works is. Cha nces are you know so meo ne who
I have helped here in town and I'm con fi dent th ey wou ld ha ve goo d th ings to say about th e service s I pr ov id ed them.
In my tim e here in At lantic Beac h, I have fo und a wo nd erful home and community to provid e my se rvic e
to. In any ca se, I know th at A I A Wo odworks will con tinue to thri ve no matter the locatio n. However, it is my
sin ce re hope th at you will all ow me to co ntinu e doing so ri gh t here at th is locat io n in our bea ut ifu l city.
Adam Ro wley
CEO & Pres id ent, A I A Wo od works, LL C
OWNER'S AUTHORIZATION FOR AGENT
AGENDA ITEM# 3B
AUGUST 8, 2016
A 1 A Woodworks LLC -Adam Rowley i~,,hereby authorized to act
on b.ehalf of Thfe...-Cb tt-t s-retJ S>o rJ , the owuer(s) of those lands described · ........ , . .
within the attached application, and as described in the attached deed or other such proof of
ovmership as may be required~ in applying to the City of Atlantic Beach, Florida, for an
application related to a Development Permit or other action pursuant to a:
0 Zoning Variance D
[8] Use~by-Exception D
Comprehensive Plan amendment
Fence or Pool Permit
D Rezonh1g 0 Sign Permit
D Plat, Replat or Lot division 0 Waiver from Sign regulations
D Waiver from Land Development Regulations
0 Other ·
BY:~~~Z~. ~---........_~::::=.:..._
Si ·· ofOwner ~. ~ Ch rl~ sf&-fl.so~..r
PrmtName · .. ·.
Signatme of Owner
Print Name
q·rJ'f lf( L 7'/?.(e__ ~~.@, S<.A.V'-!-sou rce.-_J'jf.r
Telephone Number e-mail address . .
. ·-"--·--· ___ ,_ ..... _,_. ___________ ,;:.___ _________ _
This Warranty Deed
dny or September A.D,IO !12 Mudo this 16th
~y .
l
.J ll'erry MoOue, a marrie4 mAn
horolnnrlcr callclllhG IIIPnlor, lo
Dale Christenson, a pinqlo man
200 WAlnut sts:eot
neptune s'eac_h, Jl'lori4a 3226&
Orllntees' SSNI • • horolnnOcr Clllhllllho urnntcc: I'
AGENDA ITEM# 3B
AUGUST 8, 2016
• < /J . . .
OL 7 ~21 PG22·4 5. . : ·
OFFIOIA~ RECORDS
·}
(Whanovar "'ca harcln tha l•mt ·~mntPr" nn~ 'HFIInt•o•ln~l"~" Alllha pM11ca to~~~ ln11111mcnr And tho
,_ .... ·1-·-----H--.-............. _ .. _MII!r.l~a'li.!'IPto~~niR!IY~Hnq ~IKfll.!!!.!mLI\jl!~flL~.~~~-~-~~~~-~0.!' ~~a _~~al~ o_J co~miiQOI) .
WUnessoth, thntthc srnmar, for And In ~rnhlonll!on or tho s~m or$ 10 ;oo. . .... . .
Wllol
11/01
nnd nlhor vnl11uhl11 tllnnl~crntlons, rocalpl wl.toroof Ia huroby n~knowlcdgod, hereby srnnlo1 llPrl!lllnfi, fiolla, ulhms, rcml~a~, .
rolcniDH 1 convll)'ll und conlirms urtln lhG srnqlco 1 nil tlml cilrtnln lnncl nll"nlo In DUVAl
Co"nly, fllorldn, vlu
.~a_t 41 BlccJt· 34 1 Section H, A'l'LI\liTXC BElMH, aaaar4ing to plat
recar4u4 in Plat Back 18, page 34 1 ot the current pu~lia· recor4P
of DI.Wal oa"ntJ, ll'lo:r:iaa. · ,
SUDJECil' TO aavenanta, reatriationa, easement~ of rec~r4 an4 taxes
t)le ou:ra:ant f&lu:. ··
Sd4 p:r:opea:ty iD nat tbe bomostoa4 ot. the arantor;o(ll) un4er tba. lllWii ··
an4 constitution of tho stat:o of Floriaa in that. noith~r arant:oi(g) or
any 1111~&1'11 of tho houfiebollt of arantor(fJ) roai4o therecm. . ·:
,-,
Puael IdentiUctftion lf\unl3Drl 1'10'1U .. OOSO . :
TageUtcrwllh nlllh~ lcnomoniR, hcro411nmcnlann41lJIJIIIrlonnncoR lhcrcta bolon11ins nr In nny,vha llpparlnl"(ng, : .
. To.Hnve ond to Hot4 1·1ho R"nill In fco almplo flircvcr, '· · · ·
~nil I lui urqnJQr·hcrcby cnvonnnla with nul !I lll'Anlco lhRIIha arnnlor Ia lnwfully "cl~d nf ani~ Inn~ lil-fcc
l!l'Anlor hn•11and right nod lnwful nplhnrlty Ia 61111 un~ convey an14 lnnd;lhnl!ho ·11rnn1or horo~y-fiiiiY
1!1 a~l~ lana nn4 will dofona tho "nma agnlnallho Jnwful clnlma af nl! pcranna whnmanavar; M~ thn~ li'n lrl·lnJ>d·ll
All oncnm~rAnC98 oxupt IIIXOa nccrP.Ing anbacquonltn December 31 1 10 91 .
In ·wuness Whoreof1 tho anld urnnlPr hna aluncd nnd aan)ad thcao prOiianta lho dny nn4 yaRr Orai A~~v.o-,
.~IPn. ··
Sf11ad, S(Iafad (JIId dallvared ()Ur pre.fonce:
.,
Slnto or Florida
Connty of DUVAl
Tho farosolns lnalrumont wns ncknowlcdsod bornrc mo this U tb ~ny nf Septembar by .
Werry Haoue, a marrio4 man
who Is pcrfinnnlly known to me nr who hnfi prnuuccd 4rivers license
nn4 WJm 4:1.4 lti~O 110 nnth,
iRBPARiD DYI Jra4 ~. ~horn, Jr.
Bu•ahman, Ahtrn i »•r•on•
aaiS n, 3td &treat, #101
Jaok•onv:l.llt Deaah, r~ 32250
Jilt HOI U .. 780
I lP !Ia ,
I
ilR l~cntln~:~~tlon
AGENDA ITEM# 3B
AUGUST 8, 2016
·i~·-t.
CHRISTENSON DALE l~..J
52 W3RDST
Primary Site Address
33 W6THST
Official Record Book/Page
07421-02245
Tile#
9417
ATLANTIC BEACH, FL 32233-3306 Atlantic Beach FL 32233
33W6THST
f=~=~P=!=rtv===De=t=a=il=======--·~-,-1_7_a-_7_4_6_-ooJo---=--·-_-_-_-_--=_------~-----=~-=-
; Tax District USD3 ~======-------~~~-----------------------! Property Use 1700 Office 1-2 Story
~-#of Building_s ______ +-1--
i-------=-------+----·---------------------i Legal Desc For full legal description see
i ' land & legal section below r SubdiVJ--s-io_n ________ OJ_11_9 ATlANTI-C--BEA-CH SEC_H ____________ _
..
: Total Area 4889 ~-----------------~---------------------------------~
The sale of this property may result in higher property taxes. For more infonnation go
to Save Our Homes and our Property Tax Estimator. 'In Progress' property values,
exemptions and other supporting infonnation on this page are part of the worldng tax
roll and are subject to change. Certified values listed in the Value Summary are those
certified in October, but may indude any offidal changes made after certification Learn
)low the Property Appraiser's Office values property.
VI a ue s ummary
2015 Certified 2016 In Prooress
Value Method Income Income 1------------Total Building Value $0.00 $0.00
Extra Feature Value $0.00 $0.00
Land Value (Market) $28,050.00 $28,050.00
L!!nd Value {Agric.} $0.00 $0.00
r----Just (Market) Value $153,100.00 $153,100.00
Assessed Value $153,100.00 $153,100.00
Cap DiffiPortability Amt
Exemptions --~ -----
1-$O.oo I $o.oo $0.00 I $0.00
~ 1~:~~------.J~:~~~------L ________ Tax_able Value I $153,100.00 l See below
Taxable Values and Exemptions-In Progress
If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value
summary box.
County/Municipal Taxable Value
No applicable exemptions
SJRWMD/FIND Taxable Value
No applicable exemptions
School Taxable Value
No applicable exemptions
.;.·-'<
Sales History '.: .. ..:i
~lL-~
Extra Features L__j
j LN I Feature Code , ____ ,. -·r--··~~,=--~· -·· ~-! 1 PVCC1 I . ' "-. . -.
"' ~·vl<~~~~~!,.~,~-~-~~~~t.j~-~ .. < ~-'"·'
P~'Jin~ ~nc~ete_ .
.... 1~~1 .. U..er, ·· .
$1,310.00
i 2 FWDC1
f 3_~-. . . f:~c! :·
7
Buildings
Building 1
Building 1 Site Address
33 W6TH ST
Atlantic Beach FL 32233
Fence Wood
Fence Chain Barbed
: Building Type ~7o1 :ama1:2STY----·
;-Year Built 1993
~ .... --------------............. ----~· .~---~-·---l Buil'!!_n~~':.. l $101,769.00
r~~~,-~~· ~"~~~ .. J~~r:· ·l
/ Canopy . . 6 0 2 .. I
f -i-~i~( ... 1506 15oo 15o2
$530.00
$198.00
Legal
l.l~'"'J!~~~,O.~~.~~P.~,~~-~,, ... , .. ··-.
! Element
f ~::;;~:jj'""' .
l ~oofi~~ Cover_
Interior Wall
. . ~· '
lnt Flooring
Int Flooring
Heating Fuel
I
. Heating Type
Ceilin9. _Wall Finish
Air Cond
~~-:i .. ~~~:{c.
Element
11 18-34 38-2S·29E 0.117
I 2 ATIANTIC BEACH SEC H !j LOT 4 BLK 34
l
--~~-~~----L~:>_e_t~'! ..... , .. _ .... __ _
25 . 125 Mo~u'.ar ~eta I
9 9 Rigid FriBar J__ I
12 112 _f.1odula~_Metal__ _ .I
5 5 Drywall I
14 14 Carr_:t .,
3 Concrete Fin _ j 3
4
4
5
3
1
5
Code
4 Electric I
4 Forced-Ducted ... _1
1 5 s Cell Wall Fin ··-·-:~;:"'' I _ .Is S~S.t.e~l __
l
""x. ~· •''''' ., , .-•-c -·· <· . .-N»n.'" ··•· ,-~-. __ ,,., ... ._., ...
Baths 2.000
Stories 1. 000
Rooms 1 Units 5.000
!
I
'I Avg Story Height
Restrooms . ·-· ... .
AGENDA ITEM# 3B
AUGUST 8, 2016
Taxing District · Assessed Value Exemptions Taxable Value Last Year I Proposed I Rolled-back I
~:~e===~-~ :~r::~:~::·~-·· ~-:r-·-·· · :::mr: · ·--rm:::r·· :::r· · ::E· · ·1
FL Inland Navigation Dist. · i $.153. ,1_o ___ o __ .oo .. · $0.0~ . $153,100.00 _ ,
1
_$ __ 4 .. 82__ _$5.28 $4.9-0 _ I
Atlantic Beach I $153,100.00 $0.00 $153,100.00 $464.66 $509.59 $483.29 I
water Mgmt Dlst. SJRWMD ! $153,1oo.oo · $O.oo $·153,10o:oo • $44:i7 ·· $46.28 $46.28 I
Gen Gov voted I $1S3,ioo.oo-· $O.oo $153,10o.oo $o.oo $0.00 $o.oo I
Schooi_Board Vot:? . j $1~~,l0o:oo $0.00 $153,100.00 $0.00 $0.00 $0.00 I
Urban Service Dist3 $153,100.00 $0.00 $153~1?0.00 $0.00 $0.00 $0.00 I
Totals $2,671.34 $2,898.71 $2,801.18
I Assessed Valu~--------1--=Exei'!!J!!ions -.. 1 Taxable Value
1 $139!6oo.oo ~~------[i09,6oo.~_o ---·---------
! $153,1oo.oo 1 $0:6a 1 $153,1oo.oo Current Year $153,100.00
2015 TRIM Property Record card (PRC)
··--.....
This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes (TRIM Notices)
in August.
Property Record Card (PRC)
The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed.
2015
2014
~ To obtain a historic Property Record Card (PRC) from the Property Appraiser's Office, submit your request here: t"~J
More Information
~ I Parcel Tax Record I GIS Map I Map this property on Google Maps I Oly Fees Record
RIH
170746 0050
I
Name
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!
CHRISTENSON DALE
~ddtess
33
6THSTW
~!LANTIC BEACH
32233
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J;,~nsacUoti nee Acres
17000 .11
JAXGIS Property Information
'~ ...
'!!!~e food ~~~; :Sook-Page ega! Descriptions ~shS/te one
18.-34 36·25· ~olin ~otin 9E 0.117 p742102245 9417 f\TLANTIC BEACH SEC H NA ~~hS~e ~~terprise
OT4 BLK34 ne one
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fayport
AGENDA ITEM# 3B
AUGUST 8, 2016
Clv l'f~hoo ~:guns Civ ~~tice ~chao ~~!:e Reg Reg one
Horilonta ~utface iNA ~ ~ NA NA
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AGENDA ITEM# 3B
AUGUST 8, 2016
MAP s;low/AIC? s~uAit:?.4RY" suRVEY' o,c. ·
LOT 4, BLOCK 34, SECTION "H", ATLANTIC BEACH, AS RECORDEIJ lN PLAT BOOK 18, PAGE 34 OF
THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
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l""e:;.lc£
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ALUMINLlN
(.\! WARE.HOLISE ~ J_ ... 37
---~-----
IEARINGS ARE BASED ON THE NORTHERLY LINE OF
.OT 4 AS BEING S. 69° 48 1 OO"E. BY PLAT
~EVATIONS ARE SHOWN THUS (11.46) AND HASED ON
IATIONAL GEODETIC VERTICAL DATUM
-c. c:>E/"'.:>/.£"5:' ro~Pr c-v~~
t,C. t?d'";VOTI!?S' ;"3t:>TTOHO.P C'.c-"~,1.5
ENCH MARK IS 1\. ~AIL IN THE NORTH FACE OF A
ODD POWER POLE HHIGH IS 48 FEET WESTERLY OF THE
ESTERLY LINE OF LOT 4 AND 5.5 FEET SOUTHERLY OF
HE SOUTHERLY EDGE OF PAVEHENT ELEV. 12.28
J------~-". ·--'-· -·--,_ ............. ,., .--. ~ .. --~-....,.... t-~·hi·h,+ BL DAAL / lrl L
l"=r .::>nVW.LL~~ J.VrUI.:>KlU'n.Lv ;:,ul"I.Vt.Y U.i'"
AGENDA ITEMS# 3B
AUGUST 8, 2016
LOT 4, BLOCK 34, SECTION "H", ATLAL'ITIC BEACH, AS RECORDED IN PLAT BOOK 18, PAGE 34 OF
THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
-----~~----'!."'-----~----~1-/t) (!tj.O)
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. :~·~·:: ·.'.! ·.·.::: ··. ,.: :··;: .... ·: .·.• .• :.:. ' :: ·: •. ,_. , ..... ! ··~···.:v.:·.··.· .· .. ·::· ~
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ul· -ll\·
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(p"')
oBEARINGS ARE BASED ON THE NORTHERLY LINE OF
LOT 4 AS BEING S.69°48'00"E. BY PLAT
"ELEVATIONS ARE SHOWN THUS (11.46) AND BASED ON
NATIONAL GEODETIC VERTICAL DATUM
/.C. C?~/"'t7TE!: T<P/'Pr CVR/>
/J.C. P.tF,VOTt-S: /5<PTTO,;'Vft::>/~ ~v~.,.S
BENCH MARK IS A NAIL IN THE NORTH FACE OF A
WOOD POWER POLE WHICH IS 48 FEET WESTERLY OF THE
WESTERLY LINE OF LOT 4 AND 5.5 FEET SOUTHERLY OF
THE SOUTHERLY EDGE OF PAVEMENT ELEV. 12.28
\\ ~~ ~" ~~ ~ ~ ~ ~·. ~ § ~~
I HEREBY CERTIFY TO: C7.dL.E C#/</:>Ter/S&:>.,V
.;:::x /.1.-i Ktr 12.. 1 1.>t1Ao t~t L
Thi s is what the location will look like when it is closed:
This -is what the location will loo k like during normal business hours:
AGENDA ITEMS# 3B
AUGUST 8, 20 16
I
This shows the proposed signage:
Aerial View Zoomed out
AGENDA ITEM 1138
AUGUST 8, 2016
Aerial View Zoomed in
p ~ 3 l·i-3
AGENDA I TEM # 38
AUGUST 8, 20 16
Zonn1g Districts
~CBD -e.G •a
CJ CPO
-SP •uw
-PUD
c::JSPA
-CON
c:J RS-L
CJ RS-1
CJRS-2
C]RG
D RG-M
Cencrol Business District
Commercial. ~nerol
Commercial, Umited
Commt!rdat Profi!SSional Offici!
Special Purpose
Ught Industrial & Warehousing
Planned Unit Dn~lopment
Sp«ial Planned Area
ConsetVarion
Residential, Single-Family. Lorge Lots
Residential. Single-Family
Residential. Single-Family
Residential, ~nt!ral, T~>c-o-Family
Residmrial. ~neraL MultJ·Family
City of AlJ:mtic Beach
Official Zoning Map
De~Am~rbroc:;b
Ordia:ure Nomber ~1()..212
o•--=500=-•1•,!)00c::===2.000=---3.000• ~
~ ~ .-
--
LAND USE DESIGNATIONS
RESIDENTIAL DEVELOPMENT AREAS
Residential Low Density (Rl)
Up Ill Six (6 ) dwellng Iris P« =e.
Residential Medium Density (RM)
Seven {7) to lo\.f1een ( 14) dVrelng ~rails P« aae.
• Residential High Density (RH)
fifteen (15) ID twenly (20) dVreling un!is per aete.
NON-RESIDENTIAl. DEVELOPMENT AREAS
.Commercial (CM)
~Central Business Disoict (CBD)
• Ught Industrial (ln)
PublidSemi-Public (P/SP)
• ReaeationJOpen Space (RiO}
• .. Conservation (CON}
-· Coastal Construction Control Line (CCCL)
~~ .. ~-_._Cr ... ~
i>bo-.....dby..,.._llai$11W7-
n..-,..., 1/:>o """'-.. -----~ 2111, Conp--. J.l,;p S«iPs .... ~ ondlldoplod ... I'M'
ol2li:s~'l!'Fion-.,,._ol'fY --lillY-'_,. -olrt»Flaft,lMit"ol fi»Plon--
---c::::==~Miles
0 025 0.5
Atlantic Beach, Florida
Geographicallnfonnation System
Community ~lopment Department
-~ .. -AIIaMX-Fl :Inn ~
AGENDA ITEM I# 38
AUGUST 8, 2016
ZONING NOTICE
TO WHOM IT MAY CONCERN
Notice is hereby given to all property owners within 300' of
33 W 6th Street
A public hearing regarding the item(s) below will be held in Commission Chambers
located at BOO Seminole Road by the following governing bodies at the dates and times listed :
GOVERNING BODY DATE TIME
Community Development Board Tuesday, July 191h 2016 6 :00PM
City Commission Monday, August 81h 2016 6 :30PM
•CASE NUMBER 16-UBEX-129 (A1A Woodworks)
Request for a use-by-ex ception as permitted by Section 24 -111 (c){8), to allow a
woodworking shop at 33 W eth Street.
For a dditional informa tion regarding the above item, please contact the City o f Atla ntic Beach Building &
Zonin g Dep artment a t 800 Seminole Road, Atlantic Beach, Florida 32233, or (904) 247-5826.
No tice to persons needing special accommo dations and to all hearing impaired persons: In accordan ce with
the Americans with Disabilities Act, persons n eeding sp ecial accommodatio ns to p articipa te in this
proceeding should contact the C ity of Atlantic Beach , 800 Seminole Road, Atla ntic Beach, Florida 32233, or
(904) 2 47-5826, not l ess than five (5) days prior to th e date of this m eeting.
PUBLIC HEARING NOTICE
The CITY OF ATLANTIC BEACH
Community Development Board will
hold a public hearing to consider and
take action on the following item(s) on
Tuesday, July 19, 2016, at 6:00PM at
800 Seminole Road, Atlantic Beach,
FL 32233 in Commission Chambers:
CASE NO. 16-UBEX-129
33 W 6th Street
(A1A Woodworks)
Request for a use-by--exception as
permitted by Section 24-111 (c)(8) to
allow a woodworking shop.
All information related to the item(s)
above is available for review at the
City of Atlantic Beach Building and
Zoning Department at 800 Seminole
Road, Atlantic Beach, Florida 32.233,
and may be obtained at this office or
by calling (904) 247-5826. Interested
parties may attend the meeting and
make comments regarding the
item(s), or comments may be mailed
to the address above.
In accordance with the Americans
with Disabilities Act and Section
286.26 of the Florida Statutes, per·
sons with disabilities needing special
accommodations to participate in this
meeting should contact the City not
less than three days prior to the meet·
ing at the address or phone number
above,
BL 7f7/16
AGENDA ITEM# 3B
AUGUST 8, 2016
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Extension of Annual Contract for City Bid No. 1112-08:
Repair of Electrical Motors & Pumps
1~~/..j < Donald D. Jacobovitz, P.:E:
Director of Public Works
July 20, 2016
AGENDA ITEM# 4A
AUGUST 8, 2016
The City of Atlantic Beach requires the services of qualified
technicians to troubleshoot, repair and install electrical motors,
pumps or other equipment. The current contract for these services
under Bid No. 1112-08 expires August 26, 2016. The contractor,
Moline Electric Motor & Machine, Inc. has agreed to renew the
contract for the second of two possible renewals at the current
pnces.
RECOMMENDATION: Extend the contract for one year at the current prices, term being
August 27, 2016 to August 26, 2017.
BUDGET: A total of$75,000 was budgeted in FY1516 in the water and sewer
funds under account numbers:
ATTACHMENTS:
400-5502-533-3400 ($30,000)
410-5506-535-3400 ($15,000)
410-5508-535-3400 ($30,000)
Letter from Moline Electric Motor & Machine, Inc. agreeing to the
extension of the contract.
APPROVED BY CITY MANAGER: --~_:____}__!__' ~t1.~??-t=tL'-/lL___~..,,;;{;~L£e:....'2~£""'-----------
July 19, 2016
Mr. Todd Moline
Moline Electric Motor & Machine, Inc.
1420-3 Mayport Road
Atlantic Beach, FL 32233
RE: · Bid No. 1112-08: Repair Electrical Motors & Pumps
Dear Mr. Moline:
AGENDA ITEM# 4A
AUGUST 8, 2016
CITY OF ATLANTIC
DEPARTMENT OF PUBLIC WORKS
I 200 Sandpiper L1nc
Atlantic Beach. FL 32233-43 IS
TELEPHONE: (904) 247-5834
FAX: (904) 247-5843
www.coah.us
The above referenced contract for Bid 1112-08 expires on August 26, 2016. The City would
like to extend the contract for another year, at the cun·ent prices. Per bid specifications, this
will be the second of two possible extensions of this contract, tenn being August 27, 2016
thru August 26, 2017. If acceptable, please sign below and return to my attention at your
earliest convenience.
We look forward to recommending that we continue our contract with your company.
Sincerely,
/'>{~ 911 /41)/}111 fVA-~~~~Showman
Contracts, Pennits and Administrative Coordinator
MOLINE ELECTRIC MOTOR & MACHINE, INC. AGREES TO EXTEND THE CONTRACT
AT THE CURRENT BID PRICES FOR ONE YEAR BEGINNING AUGUST 27,2016 .
. ~
Todd Moline
·-,~c;i'tk #_a . ·7'------·c.
RESOLUTION NO. 16-04
AGENDA ITEM# 6A
AUGUST 8, 2016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME
COURT OPINION IN THE CASE OF REED V. TOWN OF GILBERT, ARIZ.,-U.S. -, 135
S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015) AND SUSPENDING ENFORCEMENT OF ALL
REGULATIONS GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS THOSE
REGULATIONS RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has adopted ordinances governmg ce1iain s1gns
within the City of Atlantic Beach and those ordinances are contained in the city's Code of
Ordinances in Chapter 17, Signs and Adve1iising Structures, together with associated definitions
set fmih in Chapter 6, Building and Building Regulations, and Chapter 24, Land Development
Regulations.
WHEREAS, pursuant to the Supreme Comi opinion in the case of Reed v. Town of
Gilbert, Ariz. (U.S. June 18, 2015), the traditional regulation of temporary noncommercial signs
in municipal codes across the country was impacted in that any sign code provisions which
separately categorized or classified temporary noncommercial signs, such as political signs or for
rent signs, based upon the infmmation conveyed, are now subject to strict scrutiny rather than
intermediate scrutiny by the courts.
WHEREAS, in response to this recent opinion, it is in the best interest of the City to take
action to suspend enforcement of regulations governing temporary noncommercial speech as
those regulations relate to the City's Sign Code and related definitions and will consider
revisions to its Sign Code and related provisions to compmi with the Supreme Comi's guidance
in the Reed case to ensure that its signage regulations will be interpreted as content neutral
except where a compelling government interest requires a content-based distinction.
00681429-1
AGENDA ITEM# 6A
AUGUST 8, 2016
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH,
FLORIDA, THAT:
SECTION 1. Recitals Adopted. The above recitals are confi1med and adopted.
SECTION 2. Compliance with Reed v. Town of Gilbert, Ariz. That the City m
compliance with the recent Supreme Court opinion in Reed v. Tmvn of Gilbert, Ariz. will cease
enforcement of all provisions of its Sign Code that are in conflict with the guidance given by the
Supreme Comi opinion in Reed v. Tmm of Gilbert, Ariz. The City will suspend enforcement of
all regulations governing temporary noncommercial speech as those regulations relate to the
City's Sign Code.
SECTION 3. Statement concerning readoption. That the City Commission affirms
that it will not readopt any provision of its Sign Code that would violate the decision of the U.S.
Supreme Comi in the case of Reed v. Tmvn of Gilbert, Ariz. (U.S. June 18, 2015).
SECTION 4. Implementation. That the City Manager is authorized to take all action
necessary to implement the purposes of this Resolution.
SECTION 5. Effective Date. This Resolution will take effect immediately upon its
passage.
RESOLVED AND DONE this __ day of _____ , 2016, by the City
Commission of the City of Atlantic Beach, Florida.
Mitchell E. Reeves, Mayor
Attest: Approved as to form:
Donna L. Bmile, City Clerk Brenna M. Durden, City Attorney
00681429-1
ORDINANCE NO. 90-16-225
AGENDA ITEM# 7A
AUGUST 8, 2016
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL
AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING
PROIDBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL
WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN
EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO
THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Atiicle VIII, Section 2 of the Florida Constitution provides that municipalities shall
have governmental, corporate and proprietaty powers to enable municipalities to conduct municipal
govemment, perfmm municipal functions and render municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise
any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces
the authority granted under the Florida Constitution and authorizes municipalities to exercise any power
for municipal purposes, except when expressly prohibited by law and to enact ordinances in fmiher
thereof; and
WHEREAS, the City wants to review whether automotive service stations, automotive service-
mmor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales
(hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW
and SPA, and, if so, under what conditions and review standards; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect
individual rights, while at the same time promoting the health, safety and welfare of the people, including
the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve the public
peace and good order and to safeguard the health, safety, morals and welfare of the community and
00682684-1
1
AGENDA ITEM# 7A
AUGUST 8, 2016
citizens thereof, it is necessary and advisable to enact a tempormy moratorium on the permitting
approvals of certain Automobile Service Station facilities in the City; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida finds it necessmy for
the promotion of the public safety and welfare that this Ordinance be enacted; and
WHEREAS, at the City Commission meeting held on July 11, 2016, the Commission discussed a
potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a
draft ordinance and to place it on the July 25, 2016 meeting agenda for discussion purposes; and
WHEREAS, a draft of this Ordinance dated July 14, 2016 was included in the Agenda Packet for
the July 25, 2016 City Commission meeting for discussion purposes; and
WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this
Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first
reading; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens of the City of
Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC
BEACH, FLORIDA, THAT:
SECTION 1. RECITALS. The aforementioned recitations are incorporated herein by
reference.
SECTION 2. TITLE
This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium
Ordinance".
SECTION 3. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined as follows:
(a) "automotive service stations" has the same meaning as "service station-automotive" set
fo1th in Section 24-17 of the City's Land Development Regulations.
(b) "automotive service -minor" and "automotive repair -heavy" have the same meanings
as set f01th in Section 24-17 of the City's Land Development Regulations.
00682684-1
2
AGENDA ITEM# 7A
AUGUST 8, 2016
(c) "car wash" has the same meaning as set fmth m Section 24-17 of the City's Land
Development Regulations.
(d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of
products such as dai1y, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery,
health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other
automotive goods and related services. The tenn does not include supermarkets. Generally these stores
are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas.
(e) Taken together, the terms "automotive service station," "automotive service-minor,"
"automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be
refe1Ted to collectively herein as "Automobile Service Stations."
SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM
This Ordinance shall be applicable to all prope11ies zoned as Commercial Limited ("CL"),
Commercial General ("CG"), Light Industrial and Warehousing ("LIW") or Special Planned Areas
("SPA"), located within the boundaries of the City of Atlantic Beach.
SECTION 5. INTENT
The intent of the City Commission acting as the goveming body of the City of Atlantic Beach,
Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of
Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within
the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessmy,
amend the regulations relating to the permitting and approval of Automobile Service Stations.
SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS
A tempormy moratorium is hereby established to prohibit filing and/or application for zoning or
permitting of Automobile Service Stations and suspending the process of any zoning or permitting for
Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This tempormy moratorium
shall not apply to and the following are expressly exempt from this temporary moratorium: Gate
Petroleum, Inc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations
which are established and conducting business as of the effective date of this Ordinance. This temporary
00682684-1
3
AGENDA ITEM# 7A
AUGUST 8, 2016
moratorium shall be in place from the effective date of this Ordinance through August 22, 2017. The City
Commission may rescind this moratorium or extend this moratorium for periods of up to six months.
SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF
The City's code enforcement officer, law enforcement or any other person authorized to enforce
ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement
action or legal remedy available under controlling state law, including but not limited to, prosecution as a
misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a tenn
not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing
contained herein shall prevent the City from taking such other lawful action in law and equity as may be
necessmy to remedy any violation of, or refusal to comply with, any part of this Ordinm1ce, including but
not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a comt of competent jurisdiction;
(c) Initiating an action to recover any and all damages that may result from a violation of, or
a refusal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by law.
SECTION 8. REPEAL OF LAWS IN CONFLICT
All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such
conflict.
SECTION 9. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such pmtion shall be
deemed a separate, distinct and independent provision and such holding shall not be constmed to render
the remaining provisions of this Ordinance invalid or unconstitutional.
00682684-1
4
SECTION 10. EFFECTIVE DATE
AGENDA ITEM# 7A
AUGUST 8, 2016
The effective date of this Ordinance shall be July 25, 2016, the day the Commission first took
action towards adoption of the moratorium, in accordance with Smith v. Clearwater, 3 83 s·o. 2d 681 (Fla.
2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this __ day of ______ , 2016,
PASSED by the City Commission on second and final reading this_ day of __ , 2016.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Battle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
00682684-1
5
CITY OF ATLANTIC BEACH
AGENDA ITEM# SA
AUGUST 8, 2016
PUBLIC MEETING BETWEEN MAYOR REEVES AND COMMISSIONER WATERS
JANUARY 7, 2016 at 7:00AM
IN ATIENDANCE:
Mayor Mitch Reeves Commissioner Blythe Waters
Also in attendance:
Resident Chris Jorgensen
Mayor Reeves called the meeting to order at 7:00 a.m. in the North Conference
Room of City Hall.
Topic: Atlantic Beach Tree Canopy
1. Discussion between Mayor Reeves and Commissioner Waters was held on the
pros and cons of creating a short-term Atlantic Beach Tree Canopy Committee to
improve and simplify the current Tree Ordinance. Mayor Reeves explained he
would like the Committee to work with City Staff to create a Tree Management and
Planning Program. He stated the program would provide the City with a roadmap
for new tree planning and maintenance of trees in City-owned rights-of-way and
parks. He further stated the Committee would help in getting input from the City's
residents and tree advocates and would promote tree education to builders. He
stated the question is, would this be like the old Tree Board Committee and the
simple answer is, no. He explained what he is proposing is for this to be only a
short-term Committee charged with creating a solid Tree Management and Planning
Program for Atlantic Beach.
Mayor Reeves asked if Commissioner Waters would Chair the Committee of
residents and experts appointed by the Commission. Commissioner Waters shared
a great deal of tree knowledge and offered to give a reply later. Both Mayor Reeves
and Commissioner Waters agreed to move forward and add this to a Commission
meeting agenda for discussion only. They agree this discussion should come at a
later date, once the Commission makes it through some other key pending Atlantic
Beach issues.
The meeting was adjourned at 7:43 a.m. by Mayor Reeves.
A~~~
Donna L. Bartle, CMC
City Clerk
Minutes prepared by Mayor Mitchell E. Reeves.
Mitchell E. Reeves
Mayor
ORDINANCE NUMBER 95-10-101
AGENDA ITEM# SA
AUGUST 8, 2016
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ARTICLE III, WITHIN
CHAPTER 23 OF THE CODE OF ORDINANCES, SAID CHAPTER
ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" AND
REPLACING IT WITH THE AMENDED ARTICLE III AS SET FORTH
WITIDN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF
TIDS ORDINANCE; SAID AMENDMENTS REVISING PROCEDURAL
REQIDREMENTS FOR THE ISSUANCE OF A TREE REMOVAL PERMIT,
ALSO PROVIDING LEGISLATIVE FINDINGS AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
RECITALS
WHEREAS, Chapter 23 ofthe City Code, "Protection of Trees and Native Vegetation" was
substantively re-written and re-adopted on January 12, 2009 by Ordinance 95-09-98, and the
Legislative Findings as stated within said Ordinance are re-affirmed and adopted by reference as part
of this Ordinance, and
WHEREAS, it is in the public interest of property owners and permit applicants within the
City of Atlantic Beach to be provided with the most efficient and timely process possible to obtain a
Tree Removal Permit, which confirms compliance with the provisions of this Ordinance, and
WHEREAS, revisions and procedures set forth within Article III of Ordinance 95-09-98,
and implemented during the previous year have provided concise standards a clear administrative
process for reviewing most applications for and issuance of a Tree Removal Permit, which does not
require review at a public hearing by the Tree Conservation Board in order for qualified professional
staffwith specific expertise and education to determine compliance with these regulations, and
WHEREAS, it is also in the best economic interest of the City to expedite issuance of all
Tree Removal permit where it is demonstrated that the application for such permit is in full
compliance with the provisions and requirements of this Ordinance, and
WHEREAS, dissolution of the Tree Conservation Board is appropriate at this time
recognizing the service this Board has provided to the City, with future issuance of all Tree Removal
Permits to be administered as set forth herein, and
WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for
the City of Atlantic Beach on February 22, 2010.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Recitals as set forth above are hereby adopted as legislative findings in
support of this Ordinance.
SECTION 2. The provisions as set forth within attached EXHIBIT A shall be incorporated
into the Code of Ordinances for the City of Atlantic Beach, Florida as Article III of Chapter 23
entitled "Tree and Vegetation Regulations." Exhibit A shall replace in its entirety previously
adopted Article III of Chapter 23.
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SECTION 3. Severability. In th e case that any section, sente nce, phrase. word o r p o rtio n of
this Ordinance is d e te rmined to be inva lid, unl awful o r unco ns titutiona l, said de termina ti o n s ha ll no t
be he ld to i nvalida te or impair the validity, force or effect of any other section, sentence, phrase,
word o r portion of this Ordinance not otherwise d e te rmined to be inva lid, unl awful or
un con stitutional .
SECTION 4. In any case where a prov ision of this Ordinance is found to be in conflict with
a provision of any other code or ordinance of thi s C ity or the State, the provision which establishes
the higher s tandards for the;; promotion and pro tecti o n of th e health , safety and welfare of residents
s hall preva il.
SECTION 5. This Ordinance shall take effect immediately upon its final passage and
a do ption and shall be record ed in a book kept and m a inta ined by the C lerk of the C ity of Atlantic
Beach, Florida, in accordance with Section 125 .68, Florida S tatutes.
Pa ssed on first reading by the City C ommi ss ion of the City of Atlantic Beach the 8th day of
February, 2010. Passed on final reading and public hearing the 22nd day of February, 2010.
Approved as to form and correctness:
LOUIS "MIKE" BORNO, JR .
Mayor/Presiding Officer
Attest:
4~~
DONNA L. BARTLE, C M C
C ity C lerk
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EXHIBIT A to Ordinance 95-10-101
ARTICLE III. TREE AND VEGETATION REGULATIONS
DIVISION 1. IN GENERAL.
Sec. 23-11. Scope. The provisions of this Chapter shall be administered as set forth within this Chapter.
Administrative procedures, authorities and responsibilities of the City Commission and the Administrator
are set forth herein.
DIVISION 2. ADMINISTRATION.
Sec. 23-12. City Commission. The City Commission shall have the following authorities and
responsibi I ities:
(a) To establish fees and fines related to the administrative costs of carrying out the requirements of
this Chapter.
(b) To establish a Tree Conservation Trust Fund to collect and disburse monies for the purpose of
growing and maintaining the City's Community Forest.
(c) To amend this Chapter as may be needed to accomplish the stated Purpose and Intent of this
Chapter.
(d) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision
made by the Administrator in the implementation of this Chapter.
Sec. 23-13. Administrator. The Administrator shall have the following authorities and responsibilities:
(a) To accomplish all administrative actions required by this Chapter, including issuance of proper
notices; receipt and review of applications; issuance of tree and vegetation removal permits; receipt
and processing of appeals and any stop work orders.
(b) To maintain all records relating to this Chapter and its administration.
(c) To provide written instructions to applicants related to the required process for applications as
required by this Chapter.
(d) To receive, process and make administrative determinations on all applications for tree and
vegetation removal permits as set forth in Section 23-23.
(e) To refer applications for tree and vegetation removal to other departments and agencies for
comment, as set forth in Section 23-23, as may be needed.
(f) To conduct field inspections as needed to make determinations related to tree and vegetation
protection or removal.
(g) To review preliminary development plans, applications for certain building permits, including site
and lot plans with appropriate City staff, to determine whether proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this Chapter.
(h) To recommend to the City Commission projects consistent with the purpose and intent of this
Chapter, with a written statement outlining the costs and benefits of such projects.
(i) To recommend to the City Commission amendments consistent with the implementation of the
purpose and intent of this Chapter, with a written statement outlining the need for such changes.
Sec. 23-14. Tree Conservation Trust Fund.
AGENDA ITEM #SA
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EXHIBIT A to Ordinance 95-10-101
(a) Establishment of Trust Fund. The City Commission hereby recognizes and reaffirms the prior
establishment of the Tree Conservation Trust Fund ("Tree Fund") for the purposes of accepting and
disbursing monies paid to the City as part of tree mitigation and any other funds deposited with the
City for the purpose of tree and vegetation conservation and protection. This fund shall be used
solely for the planting of trees, the protection and conservation of existing trees where appropriate,
or the re-establishment of vegetative resources in the City and any other ancillary costs associated
with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the
cost of the particular project.
(b) Terms of existence. The Tree Fund shall be self-perpetuating from year to year unless specifically
terminated by the City Commission.
(c) Tree Fund assets. All funds received shall be placed in trust for and inure to the public use and
environmental benefit of the City. Said funds shall be used and distributed as designated by the
City Commission.
(d) Tree Fund administration.
(I) Trust funds shall be used only for the purposes designated by the City in accordance with the
intent of this Chapter and the applicable Goals, Objectives and Policies as set forth within the
Comprehensive Plan.
(2) All mitigation funds collected pursuant to this Chapter shall be deposited in the Tree Fund,
which shall be a separate account established and maintained apart from the general revenue
fund of the City.
(e) Disbursal of Tree Conservation Trust Fund assets.
( 1) Expenditures for projects funded by the Tree Conservation Trust Fund shall be made in
accordance with the established purchasing procedures of the City.
(2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation
along public right-of-ways or on properties and lands in public use that will provide needed
shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and
along public roadways.
Secondarily, funds may be used for purchase of landscape materials or equipment necessary
and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems
on any public land in the City, or for the funding of community educational programs which
promote, enhance or implement the goals and objectives established in this Chapter.
Sec. 23-15 through 23-20. Reserved.
DIVISION 3. PERMITS.
Sec. 23-21. Permits required by this Chapter. Unless specifically exempted within following
Section 23-22, permits are required for removal of trees on all lands and in connection with all
development, construction or clearing activities within the City of Atlantic Beach, which shall include the
following:
(a) New development on any previously undeveloped lands, or redevelopment on any vacant land
where structures may have been fully or partially cleared.
(b) Major development on all existing developed sites having any structure or vehicle use areas where
additions, renovations, upgrades or site changes are intended or anticipated within a one year period
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EXHIBIT A to Ordinance 95-10-101
of time when any such activity is valued at ten thousand dollars ($1 0,000.00) or more. Where value
is in question, determination shall be made by the Building Official.
(c) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of
whether any future development is intended or anticipated; it being the intent of the City that no
parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated
vegetation unless mitigation or replacement as required by this Chapter is provided.
Sec. 23-22. Exemptions from the requirement for a permit.
The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation
removal permit, except that none of these exemptions shall be construed to apply to any coastal dune
vegetation seaward of the Coastal Construction Control Line or to heritage trees. Such vegetation and trees
shall be fully subject to the provisions of this Chapter and any State permitting requirements applying to the
coastal zone. All other development activity as described in preceding Section 23-21 involving the
removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The
Administrator may require consultation with or documentation from a Certified Arborist or other qualified
professional to verifY certain conditions.
(a) No development activity or minor development activity on previously developed sites. Minor
development activity involves any new construction, exterior additions, renovations or upgrades
that are valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining
whether this exemption does or does not apply, the Administrator shall consider the cumulative
valuation of all permits issued six (6) months prior and six (6) months subsequent to the tree
removal. If such permits collectively exceed the stated threshold, an after-the-fact permit and
mitigation shall be required.
(b) Emergency situation. The removal of trees destroyed or severely damaged during or immediately
following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature)
shall be granted an exemption when the Administrator determines that permitting requirements will
hamper private or public work to restore order to the City.
(c) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and
general welfare shall be granted an exemption upon inspection and determination by the
Administrator that immediate removal without delay is required.
(d) Diseased or pest-infested Trees. The removal of diseased or pest-infested trees shall be granted
an exemption upon inspection and determination by the Administrator that removal is needed for
the purpose of preventing the spread of disease or pests.
(e) Noxious invasive Trees. The removal of invasive or nuisance trees, as currently listed by the
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other
recognized authority, shall be granted an exemption upon inspection and verification by the
Administrator.
(f) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal, state,
county or City agencies, or engineers or surveyors working under a contract with such utility
companies or agencies, shall be exempt, provided the removal is limited to those areas necessary
for the maintenance of existing lines or facilities or for the construction of new lines or facilities in
furtherance of providing utility service to its customers, and provided further that the activity is
conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not
greater than that specified by the National Electrical Safety Codes as necessary to achieve safe
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EXHIBIT A to Ordinance 95-10-101
electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior
notice to the City before commencing such work.
(g) Surveyors/Engineers. The pruning of trees and/or removal or understory vegetation by a Florida
licensed land surveyor or engineer in order to provide physical access or view necessary to conduct
a survey or site examination for the performance of professional duties related to land surveying,
soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a
swath of ten (I 0) feet or less in width. However, land clearing for surveys shall not authorize the
removal of regulated trees or regulated vegetation.
(h) City crews. The City shall have the right to plant, prune, maintain and remove trees, plants and
shrubs within public right-of-ways, within any utility or drainage easements or within the
illumination areas of street lights, and other public lands as may be necessary, and shall not be
subject to mitigation assessment. The City shall not have the responsibility to maintain, prune or
remove any damaged, dead or diseased trees on any private property within the City.
Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree removal permit shall submit the established fee
along with the application form as created and provided by the City to the designated administrative
department. The application shall contain all required narrative and graphical information
necessary to determine compliance with this Chapter. If the applicant is not the property owner,
proper owner's authorization shall also be required.
(I) Existing lots or parcels. When a tree or vegetation removal permit is required, applications
for tree or vegetation removal shall be made prior to removal and prior to any site disturbance
or grading on a lot or parcel.
(2) New or re-platted subdivisions. Applications for tree or vegetation removal that will be part
of a new Subdivision Plat or a Re-plat shall be submitted along with the Preliminary
Subdivision Plat application so that due consideration may be given to the protection of
regulated trees and regulated vegetation during the site planning and subdivision process. Trees
to be protected shall be noted on the Final Subdivision Plat, and subsequent applications for
individual lots or parcels shall be consistent with the approved Final Subdivision Plat, or
application for a new tree removal permit shall be required.
(3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain an
after-the-fact permit, and meet mitigation requirements as assessed.
(b) Sufficiency review of applications. Upon receipt of the application and appropriate fee, the
Administrator shall conduct a preliminary review within five (5) business days to determine that all
required information has been submitted and is sufficient for review purposes. The Administrator
may refer the application to other City departrnent(s) or a qualified professional consultant during
preliminary review. The applicant shall be notified if extended review by other departments and/or
professionals is required. The applicant shall be notified of any deficient items. Upon submittal of
deficient or missing information, the Administrator shall again review the application. If the
requested information has not been provided or is insufficient, the applicant shall be notified in
writing that no further review will be performed until the requested information is provided and
found to be sufficient.
However, an application shall be deemed abandoned thirty (30) days after the date the
Administrator notifies the applicant of any deficiencies contained in the application if the applicant
has failed to submit the deficient or missing information. The Administrator may, upon written
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request and justification by the applicant, grant not more than one thirty (30) day extension. At the
expiration of the extension, the application shall automatically become null and void.
(c) Review by otber agencies. At the discretion of the Administrator, relative to the environmental
sensitivity of the site, appropriate written sign-offs, permits or consents from the agencies listed
below which have jurisdiction may be required prior to regulated tree or regulated vegetation
removal from sites contiguous to or containing environmentally sensitive areas or lands. The
applicant shall obtain this information and submit the agencies' written verification to the City.
(I) Army Corp of Engineers (ACOE)
(2) Saint Johns River Water Management District (SJRWMD)
(3) Florida Department of Environmental Protection (FDEP)
(4) Any other applicable governmental agencies extending jurisdictional controls over the site.
(d) Compliance review and approval of applications. Applications will be reviewed and tree or
vegetation removal permits will be issued in accordance with the following:
(1) Time for review. Once an application has been deemed sufficient, the Administrator shall
conduct a full compliance review of the application and approve, approve with conditions or
deny the application with seven (7) business days.
(2) Standards for review. The Administrator shall consider the following in making a
determination of compliance with the provisions of this Chapter.
i. Necessity to remove trees which pose a safety hazard, as determined by the Director of
Public Works, to pedestrian or vehicular traffic, or threaten to cause disruption to
public services or result in a significant obstacle to accessing and utilizing public
easements and right-of-ways.
11. Necessity to remove trees which pose a threat to buildings and other improvements on
a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and
non-occupied structures that are typically caused by settling and small roots shall not
be considered a safety hazard.
m. Necessity to remove diseased trees or trees weakened by age, storm, fire or other
injury, or trees with severe structural defects that pose a safety hazard to people,
buildings, or other improvements on a lot or parcel of land.
iv. Necessity to remove trees in order to construct approved and permitted improvements
to allow reasonable economic enjoyment of the property.
v. Existence of any adverse site conditions which may affect the implementation of the
provisions of this Chapter.
(e) Expiration of permits. Upon approval of the application by the Administrator, the permit shall be
issued. Work pursuant to the permit shall commence within twelve (months) of the date of
issuance, or the permit shall expire.
(f) Content of permits. The permit shall be issued in such form as may be prescribed by the
Administrator and shall set forth in detail the conditions upon which the permit is granted and
specifically identify which land areas shall be cleared and/or which trees shall be permitted to be
removed. One permit may cover several trees or groups of trees as long as the trees or groups of
trees can be clearly identified thereon; provided, however, no permit may be issued for more than
one lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one
another and considered as one parcel for the purpose of development.
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(g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of
the property by the applicant promptly after issuance. The permit shall remain posted on the
property during all applicable tree and vegetation removal activity and until final inspection by the
City. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all
times.
(h) Amendment of Permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit, and shall require payment of an administrative processing fee.
Additional information submitted with a request for permit amendment shall be adequate to fully
document the nature of the proposed change and the effect it will have on all aspects regulated by
this Chapter. All plans, reports, calculations, and other information affected by the proposed
amendment shall be updated so as to maintain an accurate record of the development activity.
Review time for any changes to plans approved for a permitted site shall be the same as specified
for the review of a new application. An amendment to a permit shall not automatically extend the
expiration date.
Substantial changes, including significant increases in the number of trees to be removed or land to
be cleared, increases in impervious surface area, changes to intended land use, modification of
stormwater management systems, or any other change that constitutes a major modification to a site
plan or subdivision, new phases of development or other additions, shall not be treated as
amendments, but shall require a new permit application and fee.
(i) Revocation of Permits.
(1) By Administrator. The Administrator may revoke any permit issued pursuant to this Chapter,
following notice in writing to the permittee and after providing the permittee opportunity to
respond to the notice, in either of the following circumstances:
1. The Administrator finds that the permittee has continued with any development activity
on a site for which a permit was issued, while the site is under a stop work order which
has not been reversed, canceled or suspended pursuant to this Chapter, except for
specified remedial work required to bring the violation into compliance with the
approved permit, or
n. If the Administrator finds that the approval of the permit was based on incorrect
information furnished by the applicant for the permit. Based upon such finding,
however, the Administrator may make reasonably necessary accommodations to the
conditions of a permit in lieu of revoking it.
(2) Discontinuance of Work. Revocation of a permit may also result in a stop work order in
accordance with Section 23-48.
Sec. 23-24. Inspections and Site Preparation.
(a) Inspections. The following inspections shall be conducted in conjunction with all development
activities subject to the requirement for a tree or vegetation removal permit.
( 1) Initial inspection. The Administrator shall conduct an initial inspection of the site prior to
approval of any application.
(2) Protective barricade inspection. A protective barricade inspection shall ensure proper
installation of measures prior to the initiation of any other development activity where required
as a condition ofthe permit.
(3) Final inspection and notice of completion. A final inspection and notice of completion shall
occur when all development activities permitted for the site have been completed. No
certificate of occupancy shall be issued, nor any building or premises occupied, unless and until
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the Administrator has determined after final inspection that all work, including land clearing,
regulated tree or regulated vegetation removal, tree protection and tree replacement, has been
done in accordance with the approved permit and plan.
(4) Maintenance inspections. The Administrator shall have the authority to conduct on-site
maintenance inspections subsequent to final inspection and notice of completion, and to require
correction of all deficiencies and violations in accordance with this Chapter.
(b) Site Preparation. Prior to requesting initial and/or protective barricade inspection, the applicant
shall prepare the site with proper staking and taping as necessary to allow the Administrator to
locate and identify the lot or parcel to be inspected; to determine the building site; to locate the
proposed buildings or other proposed structures or improvements that will disturb vegetation, and
to ensure clear understanding between the property owner, contractor, Administrator and other
inspectors that may be involved.
(1) The address or legal description of the property shall be displayed in a conspicuous manner.
(2) The property comers shall be marked according to survey with wooden stakes. Each stake shall
be flagged with surveyor's tape or with bright colored paint. Any property crossed by the
Coastal Construction Control Line shall have that line marked on the ground with conspicuous
wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled
"CCCL".
(3) All trees to be preserved during development activities shall be barricaded according to a tree
protection plan consistent with the guidelines in the Tree Protection Guide for Builders and
Developers, published by the Florida Division of Forestry and/or any other reasonable
requirements deemed appropriate by the Administrator to implement this part.
(4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint.
(5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or
green surveyor's tape or paint.
Sec. 23-25. Appeals.
(a) Procedure to file an appeal. Appeals of final actions or decisions by the Administrator made
under the authority of this Chapter may be made by adversely affected person(s) to the City
Commission in accordance with the following provisions.
( 1) Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition
of the decision or final order being appealed.
(2) Appeals shall be heard at a public hearing within a reasonable period oftime with proper public
notice, as well as due notice to interested parties.
(3) It shall be the responsibility of the Appellant to demonstrate that the final action or decision
being appealed was improper or not in accordance with the provisions of this Chapter.
( 4) In the case that the City Commission finds the appeal to have merit, the City Commission shall
have the authority to rescind or modify the original final action or decision, and/or remand the
matter to the Administrator for reconsideration.
(b) Stay of work. Such appeal to the City Commission shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the appropriate designated administrative
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official shall certify to the City Commission that a stay would cause imminent peril to life or
property.
Sec. 23-26. Fees.
(a) Application fees. The City Commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to
the City at any time an application is submitted for approval, amendment, or extension of a permit
required by this Chapter, or when a final action or decision by the Administrator is appealed.
Applications for tree and vegetation removal related requests shall not be considered as complete
applications until such time as required fees have been paid in full.
( 1) Tree and vegetation removal permit application. The tree and vegetation removal permit
application fee shall cover the processing and review of the application as well as one ( 1) initial
inspection, one ( 1) protective barricade inspection, one ( 1) final inspection and one ( 1)
maintenance inspection per year. Any additional inspections required due to inadequate site
preparation or reports of violation of the provisions of this chapter will be charged a re-
inspection fee as provided below.
i. Single or Two-family residential uses (per Jot)
II. Multi-Family residential uses
111. Commercial or Industrial Uses
IV. Institutional and any other uses
(2) Minor Amendments
(3) Extensions
(4) Appeals
(b) Re-inspection fees.
(c) Research or extensive time fees. (per hour)
Sec. 23-27 through 23-29. Reserved.
$ 125.00
$ 250.00
$ 250.00
$ 250.00
$ 50.00
$ 50.00
$ 125.00
$ 50.00
$ 50.00
DIVISION 4. GENERAL PROVISIONS.
Sec. 23-30. Minimum Tree requirements.
These minimum tree requirements shall apply to all property within the City that is subject to the provisions
of this Chapter. Credit will be given for trees on the Atlantic Beach Recommended Species List, but none
will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-177 of this Municipal
Code also provides additional landscaping requirements for non-residential uses.
(a) Residential uses. For each parcel upon which a single-family, two-family or multi-family dwelling
unit, or associated residential accessory unit is proposed, or where the primary activity is residential
in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every two thousand five
hundred (2,500) square feet of development parcel area or portion thereof, excluding
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therefrom preserve areas and water bodies. Of the minimum required trees, one ( l) tree
shall be provided or preserved within the required front yard.
(b) Commercial uses. For each parcel upon which a commercial structure or associated accessory use
is proposed, or where the primary activity is commercial in nature:
One ( l) four-inch caliper tree shall be planted and/or preserved for every eight thousand
(8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
(c) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is
proposed, or where the primary activity is industrial in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every ten thousand
( 1 0,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
(d) Public/semi-public (governmental or institutional) uses. For each parcel upon which a
government structure or associated accessory use is proposed, or where the primary activity is
public/semi-public in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every ten thousand
( l 0,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
Sec. 23-31. General prohibitions.
(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning
techniques on trees intended for shade purposes where such trees are required pursuant to an
approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of
trees that create a clear risk of danger to persons or property during flood, high wind or hurricane
events.
(b) Pruning or removal of City Trees. lt shall be unlawful to trim, prune, or remove any tree which
is within the City's right-of-ways or upon any other City property without the permission of the
City as evidenced by the appropriate permit.
(c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for
the purpose of causing the tree to die or become diseased.
(d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that
may be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper.
Exceptions are protective wires, braces or other devices used to support a tree.
(e) Unauthorized clearing of undeveloped lots. lt shall be unlawful to clear any undeveloped lot,
parcel, or lands such that the land is substantially denuded of regulated trees and regulated
vegetation in any manner or for any purpose unless a proper tree removal permit has been issued.
The extent to which removal constitutes substantial denuding shall be determined by the
Administrator based upon the number, type and condition of existing on-site regulated trees and
regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the
minimum requirements of Section 23-30 shall be met.
(f) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any
developed lot such that the minimum requirements of Section 23-30 are not maintained.
Sec. 23-32. Tree protection during development and construction.
(a) Restrictions during construction.
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(I) Placement of materials, machinery, or temporary soils. It sha ll be unl awful for any
pe rso n(s) to cause or allow the storage of cons tru cti o n materials, the use of heavy eq uipment o r
machinery, o r the temporary sto rage of soil de posit s within the tree protection zone o f any tree
or gro up of trees to be retained .
(2) Disposal of waste materials. It sha ll be unl awful for any pe rson(s) to cause or a ll ow the
di sposal of waste materials such as paint, oi l, so lv e nts, asp halt, conc re te, mortar or any ot her
material harmful to the life of a tree within th e tree protection zo ne of a ny tree or groups of
trees, or where planting be ds are to be situa ted.
(b) Burden of Tree protection on p r operty owner. T he property owner(s) and the ir agent(s) shall
e nsure th at any tree s hown o n t he vegetation inve ntory for whi c h a tree removal permit h as not been
obtai ned is to be protected. T he property owner s ha ll guarantee s urviva l of retai ned trees and
repl acement trees for three (3) years from th e date th e City accepts the trees and lan dscaping as
compl ete, unl es s a greater time period is required by a development order. If a re tai ned or
replacement tree dies during th at time period , th e property owne r s hall replace th e tree in
accordance with a re med ia l action as required by thi s C h apter.
(c) Protective barriers and s ignage required. Protective ba rri ers and s ign age s ha ll be installed
around every tree or gro up of trees to be prese rved pri o r to comme ncement of construc ti o n, in
compliance with the gu id e lines in th e Tree Protection G uide for Builders and Developers,
published by th e F lo rid a Division of Forestry and/or any o th e r reasonable req uirements deem ed
appro pri a te by the Administrator to impl e me nt thi s part .
(I) Temp o rary protective barriers s ha ll be placed at least six (6) fe et from the base of any tree, and
sha ll encompass at least fifty (50) percent of th e area und er th e dripline of any tree o r trees to
be preserved or retained for mitigati o n cred it, unless otherwise a pproved by the Ad minis trator.
(2) Temp orary protective barriers s ha ll be at least three (3) feet hi gh , a nd sha ll consist of either a
wood fence with two-by-four posts placed a max imum of eight (8) feet apart with a two-by-
four minimum top rail, or a mes h fence, or other simi lar ba rri e r w hi c h w ill limit access to th e
protected area, unless otherwise approved by th e Admini strator.
(3) Waterproof, rigid s ign(s) shall be affixed to each individual barricade, s uc h tha t there is o ne (I)
sign every fifteen (I 5) feet a long th e length of the barricade. The s igns s hall contain the
following words, and will be made available by t he C ity a the time of permit issuance :
FIGURE 1. TREE PROTECTION ZONE SIGNAGE.
TREE PROTECTION ZONE (TPZ)
No grade change, s torage of materials, vehicles or equipment is
permitted within this T PZ. This tree protectio n barrier mu st n ot be
removed without the written a uthorizati on o f the C ity of Atlantic
Beach. Por infonna ti o n, call (904) 247-5800.
10
AGENDA ITEM# 8A
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-I0-101
(d) Adjacent properties. The property owner(s) or their agent(s) shall ensure protective barricading of
all trees located on adjacent properties, that have root or branch systems that encroach upon the
subject property, and that may potentially be impacted by development activities.
Sec. 23-33. Mitigation to be assessed.
(a) Mitigation required. Unless mitigation in the form of payment into the Tree Conservation Trust
Fund has been approved in accordance with Section 23-37, mitigation in the form of tree
replacement, relocation or preservation shall be required to offset any impacts resulting from the
removal of regulated trees as a condition of the tree or vegetation removal permit. Replacement or
relocation shall be the preferred methods of mitigation.
(b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the
following table, such that the number of inches required to be replaced, relocated or preserved (first
number) are proportional to the number the inches removed (second number):
TABLE 1. STANDARD MITIGATION ASSESSMENT.
CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE
Interior Exterior Heritage
Private Parcels 1:2 I :2 I: I
Public Parcels 1:1 I: 1 2: I
Public Rights-of-Way, Easements, etc I: I 2:1 3:1
Environmentally Sensitive Areas 2:1 2:1 3: I
Historic Corridor 2:1 2: I 3: I
(c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of
existing trees that would otherwise be removed, or replacement with new trees, and shall occur
within thirty (30) days, or prior to issuance of a Certificate of Occupancy or other final approval,
whichever time is shorter, unless a greater period is provided for good cause by the permit. The
applicant assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing on-site trees that are three (3) inches DBH or greater and which are
neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject
to the other conditions stated in this Section, if preserved on-site.
(e) Tree relocation. Existing trees on-site that are three (3) inches DBH or greater and that would
otherwise be removed from the site because of development may be utilized as credit towards the
assessed mitigation, subject to the other conditions stated in this Section, if relocated on-site.
(f) Tree replacement.
(I) Replacement size. New replacement trees shall be a minimum of "Florida Number One", as
defined in the most current edition of the Grades and Standards for Nursery Plants,
published by the Florida Department of Agriculture and Consumer Services, Division of Plant
Industry.
t. Oaks shall have a minimum four (4) inch caliper and twelve (12) foot height at time of
installation.
11
AGENDA ITEM# SA
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-101
ii. All other new replacement trees shall have a minimum two (2) inch caliper and ten (10)
foot height at time of installation.
m. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation.
IV. New replacement shade trees shall be of a species typically yielding an average mature
crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen
from the Atlantic Beach Recommended Species List, maintained and published by
the City. Upon approval of the Administrator, alternate species not appearing on the
recommended list may be utilized, but in no case shall trees from the Atlantic Beach
Prohibited Species List, also maintained and published by the City, be utilized for
mitigation credit.
12
(2) Selection criteria.
AGENDA ITEM# SA
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-101
1. New oaks shall be used to replace removed oaks. Upon approval of the Administrator,
hardwood species yielding similar canopy may be used to mitigate removed oaks.
11. New palms may be used only to replace removed palms. Upon approval of the
Administrator, a cluster of three (3) palms, subject to the other conditions of this
Section, may be used to meet the requirements of a single shade tree.
(3) Placement criteria.
i. Avoidance of underground utilities. No trees except those with a normal mature
height of less than thirty (30) feet may be planted within five (5) linear feet of the
centerline of any utility easement.
11. Avoidance of aboveground utilities and public facilities. No trees may be planted
closer to any curbs, curb lines, sidewalks or aboveground utilities than the following,
except for plans demonstrating no conflict with existing aboveground utilities or public
facilities, and approved by the Administrator:
a. Small trees or palms with normal mature height of fifteen (15) to thirty (30)
feet shall have a minimum setback of three (3) feet.
b. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall have a minimum setback of six ( 6) feet.
c. Large trees with normal mature height of fifty (50) feet or more shall have a
minimum setback of ten (I 0) feet.
111. Spacing. The following spacing requirements shall serve as general guidelines for the
optimal growth and viability of trees, though trees may be planted closer together upon
approval of the Administrator:
a. Small trees or palms with normal mature height of fifteen ( 15) to thirty (30)
feet shall be spaced at least ten (1 0) feet.
b. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall be spaced at least twenty (20) feet.
c. Large trees with normal mature height of fifty (50) feet or more shall be spaced
at least thirty (30) feet.
d. Spacing of two or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
Sec. 23-34. Maintenance and monitoring requirements. The applicant shall be responsible for
maintaining the health of any replacement or relocation trees for three (3) years from planting.
(a) Determination of success. The applicant shall determine the condition of each tree, three (3) years
after the tree was relocated or planted. This determination shall be submitted to the City for
approval within thirty (30) days of being made.
Should any tree die or be in a state of decline within three (3) years of being planted or relocated,
the applicant shall be required to replace the tree within sixty (60) days of that determination. The
three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that
replacement tree is found not to be viable at the end of the second monitoring period, the applicant
may pay the appropriate amount into the Tree Fund in lieu of planting a third replacement tree. If
the applicant fails to replace the tree or to pay the appropriate amount into the Tree Fund within
sixty (60) days, the applicant shall be in violation of this Chapter.
13
AGENDA ITEM# SA
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-101
(b) Large-scale projects. If a permit includes the relocation of ten (I 0) or more trees, or the planting
of one hundred (100) or more replacement trees, the determination of success for the overall
mitigation effort shall be based upon a percent survival rate. A successful project shall be one in
which ninety (90) percent or more of the newly planted or relocated trees are determined to be
viable after a period of three (3) years. If a large-scale project is determined to be successful on this
basis, additional replacement trees will not be required.
Sec. 23-35. Elimination of undesirable species. The natural vegetative communities existing within
the City shall be protected by the control and elimination of non-native invasive species. To that end, the
following guidelines shall apply:
(a) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for
mitigation credit.
(b) Removal of non-native invasive species from nonresidential properties (excluding jurisdictional
wetlands), shall be completed, whenever practicable, as a requirement for approval of any
development permit issued by the City or the issuance of a Certificate of Occupancy if applicable.
(c) Procedures for the control and elimination of non-native invasive species shall in no way promote
the proliferation of the species through the dispersal of seed or other means.
(d) Procedures for the control and elimination of non-native invasive species shall in no way harm or
cause the decline of desirable species that are to be preserved, planted or relocated.
Sec. 23-36. Elimination of contagious diseased and pest-infested trees. The natural and
cultivated vegetative communities existing within the City shall be protected by the control and elimination
of trees afflicted with rapid-spreading contagious diseases and pests. Upon identification and/or
confirmation of such infection or infestation by a Certified Arborist or other qualified professional, the City
shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from
the permit application requirements, as set forth in Section 23-22. Further, mitigation shall not be required,
provided however, the subject property is in compliance with minimum tree requirements, as set forth in
Section 23-30.
Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this Chapter that all
reasonable methods be used to replace or relocate trees on-site. Payment to the Tree Fund in lieu of
replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved
for cases where the ability to replace or relocate trees on-site is restricted by circumstances related to
Federal, State or Local regulations and requirements including but not limited to conflicts with right-of-
ways, utilities, stormwater facilities, septic fields and Environmentally Sensitive Areas. The value to be
paid into the Tree Fund shall be established and adopted by resolution of the City Commission, and
payments to the Tree Fund may be approved in accordance with the following provisions:
(a) For single and two-family residential uses. If an applicant, at the time of application,
demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation
on-site, the Administrator shall approve the application and issue a permit in accordance with
Section 23-23. The remaining balance of the required mitigation shall be payable to the Tree Fund
within seven (7) days of such determination.
(b) For Commercial, Industrial and all other uses. Applications for tree or vegetation removal
permits for all uses and development, other than single and two-family residential uses, shall
replace or relocate required mitigation on-site, except in cases where the Administrator finds, based
upon the above stated conditions, that on-site mitigation is not possible. Upon approval of a
mitigation plan by the Administrator, a permit shall be issued by the Administrator, and the
remaining balance of the required mitigation shall be payable to the Tree Fund within seven (7)
days of such determination.
14
AGENDA ITEM# SA
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-101
(c) Where payment in lieu of replacement or relocation is approved, as set forth in preceding paragraphs
(a) or (b), the applicant shall pay the equivalent value of the portion not planted or relocated, to the
City's Tree Fund. The approved mitigation payment shall be payable to the Tree Conservation
Trust Fund within seven (7) calendar days of the approved mitigation order. Mitigation payments
not received within the prescribed time period shall result in the filing of a lien on the subject
property.
Sec. 23-38 through 23-39. Reserved.
DIVISION 5. AREAS OF SPECIAL CONCERN.
Sec. 23-40. Applicability. There exist within the City certain areas which contain trees or vegetation of
special value and concern, or areas of such great social, cultural, historical, ecological, environmental or
economic significance that they may warrant added measures of protection.
Sec. 23-41. Historic Corridors and Heritage Trees.
(a) Designation. The City Commission may by Resolution designate historic corridors or individual
heritage trees. In doing so, the City Commission shall specifically identify those streets, or portions
thereof, or trees, which shall be so designated.
(b) Criteria. In considering whether roadways or portions thereof shall be designated as historic
corridors, the City Commission may consider the following criteria:
(1) The presence of historically significant tree coverage or landscaping, as individual plants or in
groupings.
(2) The presence of culturally significant tree coverage or landscaping.
(3) The presence of significant architectural structures with associated tree coverage or
landscaping.
(c) Documentation. The Administrator shall maintain a record of all historic corridors so designated
and their location shall be reflected on City maps as such.
(d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within
designated historic corridors, shall be at a higher rate than removal of non-designated tree(s), as
specified in Section 23-33, as an extra measure to encourage protection of such trees.
Sec. 23-42 through 23-45. Reserved.
DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENAL TIES.
Sec 23-46. Violations. Violations, including failure to make proper application for a tree or vegetation
removal permit as required by these provisions, or failure to implement any requirements or conditions of a
tree or vegetation removal permit, shall be deemed a violation of this Chapter, and shall be subject to Code
Enforcement Procedures as set forth within Chapter 2, Article V, Division 2 of this Municipal Code of
Ordinances and any other remedies available under applicable law.
(a) Development activity. It shall be a violation of this Chapter for any person(s) to engage in
development or other activity, which has the potential to damage, destroy or remove, or cause the
15
AGENDA ITEM# 8A
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-JVJ
destruction or removal of any tree or vegetation as regulated herein, without complying with all
applicable provisions of this Chapter.
(b) Compliance with approved Permit. It shall be a violation of this Chapter for any person who has
obtained a permit from the City pursuant to the requirements of this Chapter to fail to comply with
the requirements of the approved permit and any conditions attached thereto.
(c) Compliance with general conditions of Permit. The following minimum conditions shall apply
to every permit issued pursuant to this Chapter, and violation of or failure to comply with any such
condition(s) shall be a violation of this Chapter:
(I) Permit and plans on-site. Approved permits and plans shall be available on-site at all times
during development activity.
(2) Responsible individual on-site. Whenever site work is ongoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with
the project to ensure work is proceeding according to approved plans. This provision is not
intended to require that a single individual remain on-site during all operations, only that at all
times there shall be a designated person in responsible charge.
(d) Maintenance requirements. It shall be a violation of this Chapter for any person(s) who is
engaged in development activity on property located within the City or in accordance with a permit
issued by the City pursuant to this Chapter, or who has obtained title to property upon which such
activities have taken place, to fail to comply with the minimum standards and maintenance
requirements set forth herein.
Sec. 23-47. Notice of Violation. Whenever the Administrator determines that a violation of this
Chapter has occurred, the Administrator shall immediately issue written notice to the person(s) in violation,
identifYing the nature and location of the violation and specifYing that remedial action is necessary to bring
the violation into compliance. The person(s) in violation shall immediately, conditions permitting,
commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer
time as may be specified in the notice, to complete the remedial actions required to bring the violation into
compliance with this Chapter.
Sec. 23-48. Stop Work Order.
(a) Authority to stop work. The City Manager or designee of the City Manager shall have the
authority to immediately issue a stop work order in any of the following circumstances:
(I) Whenever land is being cleared without an approved permit or in a manner inconsistent with
the approved permit;
(2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take
immediate corrective action when there is an apparent danger to life or property;
(3) Whenever ongoing non-compliant work is not immediately and permanently stopped upon
receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or maintained and danger to
regulated trees or regulated vegetation exists or appears imminent; or
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this
Section is not completed in the time period specified;
(6) Upon failure to post or have the approved permit and plans available on-site.
16
AGENDA ITEM# 8A
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-101
(b) Content and Scope of Stop Work Order. The stop work order shall specifY the circumstances
that have resulted in issuance of the order. It shall also direct that all work be stopped other than
such remedial work as is deemed necessary to bring the violation into compliance, or it may specifY
the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated
vegetation removal, grading, roadway construction, building erection or utility construction. The
order may apply to the entire project or to geographical portions of the project that may be
individually specified.
(c) Failure to comply after notice of violation and Stop Work Order. If the person(s) in violation
fails to complete the required remedial action within the prescribed time, or continues any
development activity in violation of a stop work order, the Administrator may refer such matter to
the Code Enforcement Board or may initiate any other enforcement action or remedies as
authorized by law.
Sec. 23-49. Requirement for Emergency or Immediate Corrective Action. Where it is determined
by the City that failure to maintain stormwater management facilities, erosion, sediment or tree/vegetation
protection controls, or failure to conform to the provisions of this Chapter or permit conditions, is resulting
in danger or damage to life or property, the City may require immediate corrective action. Protection
controls which are breached due to development activity, wind, rain or other factors shall be repaired within
twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified shall
constitute a violation of this Chapter. If immediate corrective measures are not taken by the permittee or
property owner and the conditions of the site are such that there is danger or hardship to the public, the City
may enter upon lands, take corrective actions, and place a lien on the real property of such person(s) to
recover the cost of the corrective measures. In addition, the Administrator may revoke any permit issued
pursuant to this Chapter.
Sec. 23-50. Code Enforcement action. Failure to complete remedial actions required to bring the
violation into compliance with this Chapter shall result in Code Enforcement action pursuant to Chapter 2,
Article V, Division 2 of the Municipal Code of Ordinances as well as other remedies available under
applicable law.
Sec. 23-51. Penalties.
(a) General Provisions. Any person(s) violating a provision of this Chapter shall be punishable
according to the law or in accordance with the findings of the duly appointed Code Enforcement
Board.
(I) Violations of this Chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each regulated tree removed from a site in violation of these regulations shall constitute a
separate offense.
(4) Each acre or traction thereof, ofland cleared in violation of these regulations shall constitute a
separate offense.
(5) Person(s) charged with violations of this Chapter may include:
1. The owner, agent, lessor, Jessee, contractor or any other person(s) using the land,
building or premises where such violation exists.
n. Any person(s) who maintains any land, building or premises upon which a violation
exists.
17
AGENDA ITEM# SA
AUGUST 8, 2016
EXHIBIT A to Ordinance 95-10-101
111. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a required tree or
vegetation removal permit has been issued, or while any violation of this Chapter exists on the
subject site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions
of this Chapter and recover from the violator such damages as he or she may suffer, including but
not limited to damage to property as a result of development or failure to maintain, in violation of
the terms of this Chapter.
(d) Sanctions for failure to obtain a permit.
(I) Regulated trees or regulated vegetation removed in violation of this Chapter shall require an
after-the-fact permit, the fee for which shall be two (2) times the normal established application
fee specified in Section 23-26. In addition, as a condition of the permit, the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all
damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this Chapter shall be assessed at two (2) times the
normal established rate of mitigation specified in Section 23-33.
(3) If a lot, parcel, site or portion thereof, has been cleared such that the Administrator is unable to
determine with reasonable certainty the number and size of regulated trees and/or regulated
vegetation removed in violation of this Chapter, analysis of aerial photography or other such
accepted scientific methodology shall be used to make a determination as to the loss of canopy
and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00)
per square foot of canopy or land cover lost shall be assessed by the Administrator, and shall be
payable to the Tree Fund within seven (7) days of such assessment. No further work or
development shall proceed until the City is in receipt of any such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated violations ofthis Chapter
shall, upon third offense, be reported to the Florida Department of Business and Professional
Regulation, as well as any other authority governing licensing, registration or certification of
individuals or businesses.
Sec. 23-52 through 23-60. Reserved.
18
AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM # 9A
AUGUST 8, 2016
Yvonne Calverley, Executive Assistant to the City Manager/0
July 22, 2016
None
The 90-day calendar is included on the agenda for the purpose of setting
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The rolling 90-day calendar will be revised after receiving input from City
staff and the Commission and will be included in each agenda for
consideration.
Special notes:
"Budget Workshops are scheduled for Monday, August 15th and
Wednesday, August 24th from 5:30 to 9 pm in the Chamber.
• The rescheduled Town Hall Meeting for August will be held on
Saturday, August 27th at 10 am in the Commission Chamber.
• The Annual Board Member Reception is scheduled for Thursday,
September 29th at 6:30pm at the Adele Grage Cultural Center.
• A Town Hall Meeting is tentatively scheduled for 10 am on Saturday,
October 15th at the Jordan Park Center.
BUDGET: None
RECOMMENDATION: Approve the 90-Day Calendar for August through October 2016
ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (August through October
2016)
'
ciTY MANAGER: --;t/1. 1/t.L-tq Auv
MAYOR AND COMMISSION
August 2016
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDt\Y FRIDAY SATURDAY
1 2 3 4 5 6
Due Date for
8/22
Agend a Items
7 8 9 10 11 12 13
Son~niters .
Concert Commission Mtg Newsletter Due
6-8 pm 6:30pm (Stinson)
Adele Grage (lnvoc -Waters)
14 15 16 17 18 19 20
Budget Workshop
5:30 to 9 pm
Chamber
21 22 23 24 25 26 27
D ue Date for To\\n Hall
Commission Mtg Budget Workshop 9/12 -Agenda Items Meet ing
6:30pm 5:30 to 9 pm 10 am -Noon
(Jnvoc-Reeves) Chamber Twilight Movie Chamber
Ru sse ll Pa rk
28 29 30 31
Acoustic Nights
6-8 pm
Bull Park
MAYOR AND COMMISSION
September 2016
SL':--:D .\Y .\lo:--:D.\Y TL'E~D .\Y \\"ED:-.:E:'D.\ Y Tllt'R:'D.\Y FRID.\Y ~.\Tl'RD.\Y
1 2 3
4 I s 6 7 8 9 10
Songwriters· Labor Day
Concert Newsletter Due Due Date for
6-8 pm City Offices (Waters) 9/26
Adele Grage Closed Agenda Items
11 1 12 13 14 15 16 ,-
Commission Mtg
6:30pm
(Invoc-Stinson)
Videotaped
18 19 20 21 22 23 24
Due Date for
10/10
Agenda Items
25 26 27 28 29 30
Acoustic Nights Commission Mtg Board
6 -8 pm 6:30pm Member Reception Twilight Movie
Bull Park (Invoc-Hill) 6:30pm Donner Park
Videotaped Adele Grage
MAYOR AND COMMISSION
October 2016
:'L"\.D .\Y \10\.D .\Y Tl "E~D .\ Y \\ 1-.D\.E:'D \Y Till"!~~ D .\ Y I ·Ril>.\Y :' \Tl 'RD.\Y
I
2 3 4 5 6 7 Newsletter Due 8
(Hill) October Festival
Due Date for 11 am -3 pm
10/24 Donner Park
Agenda Items
9 Son~'Titers 10 11 12 13 14 15
Concert Commission Mtg Town Hall Meeting
6-8 pm 6:30pm lOam
Adele Grage (Jnvoc-Harding) Jordan Park
(Tentathe}
16 17 18 19 20 21 22
Campout Under
the Stars
Russell Park
23 24 25 26 z-28 29
Acoustic ights Commission Mtg Due Date for
6-8 pm 6:30pm ll/14
Bull Park (lnvoc-Waters) Agenda Items
30 3 1