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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 ---------------------------- . 0 _________ j : = ~o,.:-~~AJ7-------~ I -~:=~-I I ---------, 0 0 I ----~-------~~~~:~--~-------------------J ' "' ' ' I § I 0 . ~ I lOT 6 i lO-7 ~ ~--I : -~~ ~ ,s "' ~ 0: 'I" --n>' ~·I <t? o~%·1 ' \.. 8 .,. ..... ~ 0 ! C~J I N89'46' "'E 70.rxt 0 . I : I ,W+liDa-i i l . . . . I . I 0 0 -' ~i 0 i . . I • 0 • LOT 51 LOT 4 i LOT J i LOT Zi LOT 1 • 0 ! i -~ 0>0 "' ~ I 0 0 I "' I ! ~ ' I o I ' z • i I > I z . . I . L __ _ -----~---__ _j DONNER ROAD .. .,_~ -L ~IIASIDCN..ar~LN: w:HC: tC)RlH OO'JI'~ ... 'CST..., POt orf'OAL tK.JXIIIDS~ 17172..,N:.£. J1llf& NE ~T PU!UC III[<:OIIti)S V OUVN. COMT"t'. ,_._ l. liOi"CC TtG 'V.T, IN ~ atAP.tiC rc1b1. lSi nt[ CID'IIt'WOh t:l '"H( SJetriCJQ) LA*I)S ~ ioODf »D 'IU. .. tt:) ~1[1Ufiii'V,JI':E:I • .A&ntCJIIIrlY n .IA'f 0~ CRAPttC Cfl CG'tAt. f"'RW OF KOUL 1.a4DitlM'(I[~~ tMA.T 1M. .atltUXlR::£) 01 ms ,._..., 'lV.l W'f~'l).M)IN K"~~t:l -"""""· ._KOIX:IIiDII.AU~~Jil£H Jl.A.I). ,_, Do\'Uf mlAIC) IT aos fUll USioC ~ ~ !JIOOf » U/U [~T J.IC !Dial WIS ~ 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_-..,_ 1b< ,....,~U"" Wop..S<ii"'"'P'Si>-.:;ru.Nl!nS ~~AA;ps.riH;wir>t:N:k<J...t~ .. pr. cl IIJIS ~>Z~ Ftin ~ .... ~ -ol .., --..,_ ondll» 16:tolfl>e """"1M Iva ol fl>e?lwt<ho6cco:roi. H ~ w~e s ---C::=:::::::JMiles 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 "· r ! CHRISTENSON DALE ~ddtess 33 6THSTW ~!LANTIC BEACH 32233 ·"'·~~. · ... ··~ .... 01;1< _;. 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 ~~:ua6on ~~~e Civ CPAC ~p ~:n NIAI 1<A ONEB ~::~nlng ~ iNA ~~HH one fayport AGENDA ITEM# 3B AUGUST 8, 2016 Clv l'f~hoo ~:guns Civ ~~tice ~chao ~~!:e Reg Reg one Horilonta ~utface iNA ~ ~ NA NA s~e;./ 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. ..... ? 1..-0 I J ::;,? gt.PC, COUl-l£) f2.'iRa,.J r'P'''E t..IS.I0-!8 ----;::/:, LOT .<f 13/-0CI< .55 -f '&,/.,,,.; C.J!VK l""e:;.lc£ 'TV./0 =->l"bt<'-( 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) fof6J 1.1 (!1·0)) (!'f.'?) ·ui.G) ·-s. pd;. ~A pt-() P"o ~ \) ~ .~ ' ~ ~ .. a ~ ~ \ li I --·--(1'1·0) fll·(p) ut.A) /45.~~· J ---,£--- ~ t!?J9'W9 ~ ·;w.-!fi"t::J.CJO, ((MP)T.C· (//.46) T.C· (/f.S.f)r.c. (/1./S')~C. (//. ffR) ft. C· (11-~q)p. C· . :~·~·:: ·.'.! ·.·.::: ··. ,.: :··;: .... ·: .·.• .• :.:. ' :: ·: •. ,_. , ..... ! ··~···.:v.:·.··.· .· .. ·::· ~ I 1~~Z:./.t :r ul· -ll\· ~T~.t:er (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. Page I of2 Ordinance 95-10-101 AGENDA ITEM #SA AUGUST 8, 2016 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 Page 2 o f 2 Ordinance 95-10-101 AGENDA ITEM# 8A AUGUST 8, 2016 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 AUGUST 8, 2016 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 2 AGENDA ITEM# 8A AUGUST 8, 2016 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 3 AGENDA ITEM #SA AUGUST 8, 2016 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 4 AGENDA ITEM# SA AUGUST 8, 2016 EXHIBIT A to Ordinance 95-10-101 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. 5 AGENDA ITEM #SA AUGUST 8, 2016 EXHIBIT A to Ordinance 95-10-101 (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 6 AGENDA ITEM# SA AUGUST 8, 2016 EXHIBIT A to Ordinance 95-10-101 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 7 AGENDA ITEM# SA AUGUST 8, 2016 EXHIBIT A to Ordinance 95-10-101 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 8 AGENDA ITEM# SA AUGUST 8, 2016 EXHIBIT A to Ordinance 95-JU-101 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. 9 AGENDA ITEM # 8A AUGUST 8, 2016 EXHIBIT A lo Ordinan ce 95-10-101 (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