Agenda Packet 05-24-04 L
CITY OF ATLANTIC BEACH
COMMISSION MEETING MAY 24, 2004
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of May 10, 2004
2. Courtesy of Floor to Visitors
A. Proclamation recognizing the week of June 7-11, 2004, as Code Enforcement
Officers' Appreciation Week
3. Unfinished Business from Previous Meetings
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Utility Sales Report for April 2004 (City Manager)
B. Approve the purchase of a tractor for the wastewater treatment plant from Coastal
Equipment Systems, Inc. at a cost of$24,314.96 (Bid No. 0304-16) (City
Manager)
5. Committee Reports
A. Cultural Arts& Recreation Advisory Committee Report
6. Action on Resolutions
A. Resolution No. 04-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
HONORING RENE SCHIEGG, GENERAL MANAGER OF THE SEA
TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF
ATLANTIC BEACH
Ir 7. Action on Ordinances
A. Ordinance No. 20-04-64 Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004
I
1
I
I
B. Ordinance No. 25-04-36 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 8, FLOOD HAZARD AREAS, TO COMPLY WITH
REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM
AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE
DATE THEREOF
C. Ordinance No. 95-04-87 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 13 OFFENSES, BY CREATING A NEW SECTION
13-13 "REGULATION OF FIREWORKS;" SETTING FORTH REGULATIONS
FOR THE POSSESSION OF FIREWORKS; PROVIDING PENALTIES;
PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
8. Miscellaneous Business
A. Rescheduled public hearing to consider a request for a Use-by-Exception per
Section 24-161 (i) of the City Code to reduce the required number of parking
spaces from 22 to 17, and to reduce the width of spaces from ten to nine feet
related to the proposed development of a new commercial building containing
professional office use, and also a height waiver per Section 24-156 to allow a
proposed building height of 32-feet, exceeding the 25-foot height limit within the
Central Business District and located at the southwest corner of Ahern Street and
East Coast Drive (Lots, 1, 3 and 5 of Block 1, Atlantic Beach Subdivision)
B. Approve Preliminary Plat for Cornell Two subdivision fording the proposed plat
consistent with the Zoning, Subdivision and Land Development Regulations and
the Comprehensive Plan(City Manager)
C. Discussion and related action in connection with a letter from Mike Gillespie
regarding a dune walkover at 1867 Beach Avenue (City Manager)
D. Review draft language to rewrite Chapter 12,Nuisances, of the Code of
Ordinances and authorize staff to present ordinance for first reading at the next
Commission meeting (City Manager)
E. Review draft language to provide regulations for the construction of docks and
boathouses and authorize staff to present ordinance for first reading at the next
Commission meeting (City Manager)
F. Review draft language to provide regulations for docking and anchoring boats and
watercraft and authorize staff to present ordinance for first reading at the next
Commission meeting (City Manager)
G. Award contract for Security Improvements to Access Limited, as per their cost
proposal dated May 10, 2004, for the following areas: City Hall Head End and
badging system, and Water Plants No. 1, 2 and 3, in the amount of$96,001.45
(City Manager)
H. Approve Change Order No. 1 in the Country Club Lane Stormwater Replacement
Project in the amount of$4,722 and authorize additional funds of$7,722 for the
Stormwater Fund as part of the mid-year budget modification(City Manager)
I. Authorize the Mayor to sign the application and related paperwork for the Federal
Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-05
(City Manager)
J. Appointment to the Cultural Arts& Recreation Advisory Committee (City Clerk)
2
I
I
9. City Manager
10. Reports and/or requests from City Commissioners and City Attorney
A. Report relative to public art (Comm. Parsons)
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,
Friday,May 21,2004.
C
C
C
C
1
I
C
1 3
MINUTES
REGULAR CITY COMMISSION MEETING
May 10, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE: •
IMayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
t
' Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Parsons was followed by The Pledge of Allegiance
to the Flag.
' Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of April 26,
2004
' Commissioner Simmons requested that paragraph five, on page 8 of the
minutes be amended as follows: ...Old Atlantic Beach over the weekend
and had six signs, of which five were off-site and illegal.
• Motion: Approve Minutes of the Regular Meeting of
April 26, 2004, as amended.
Moved by Simmons, seconded by Beaver
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve •
Nay: 0
' MOTION CARRIED
2. Courtesy of the Floor to Visitors
' A. Presentation by First Coast Metropolitan Planning
Organization—Jeff Sheffield
' Jeff Sheffield, Director of the First Coast Metropolitan Planning
g
Organization,presented a draft of the Transportation Improvement Program
for fiscal years 2004/05 through 2008/09 to the Commission. Mr. Sheffield
emphasized the projects affecting the beaches area. A copy of the report is
attached and made part of this official record as Attachment A.
1
May 10. 2004 REGULAR COMMISSION MEETING Page 2
A question and answer session followed the presentation. Commissioner
' Waters inquired concerning the status of the Hodges/Atlantic Boulevard
project. Mr. Sheffield indicated that the intersection work would be a
Jacksonville Transportation Authority(JTA)project with FCMPO review
' and the specifics of the project were still to be determined.
Commissioner Beaver inquired if anyone had looked at the condition of A-
' 1-A in Neptune Beach from Seagate to Atlantic Boulevard, and asked if the
resurfacing project from the St. Johns County line to 34th Street could be
completed sooner than the FY 07/08 projection. Mr. Sheffield stated that
the project was a Florida Department of Transportation(FDOT)/JTA
project and the FDOT sets the project rankings. Commissioner Beaver
stated that A-1-A was a federal highway and inquired if federal funds were
available for the resurfacing. Mr. Sheffield stated he would look into this.
' Mayor Meserve requested that the city's Mayport Road median project be
coordinated with the JTA/FCMPO projects to keep road repairs and traffic
interruption to a minimum.
Commissioner Simmons inquired if the FCMPO was involved with the
landscaping for projects and Mr. Sheffield replied that they did not.
' Mr. Sheffield reported that the FCMPO had moved into new offices located
at 1022 Prudential Drive.
' B. Proclamation recognizing Public Works Week
' Mayor Meserve read the proclamation in its entirety and presented the
document to Public Works Director Carper for display at the Public
Works building.
Sally Clemens of 1638 Park Terrace West requested that Garage Sale
signs be addressed along with the Open-House signs (Agenda Item 8C).
' Mrs. Clemens also reviewed the history of Johnston Island and urged the
Commission to keep the Conservation Lands zoning on the property.
' Kevin Bennett of 4429 Jiggermast Avenue,Jacksonville,explained he
was requesting a Subdivision Waiver(Item 8B)to build four single family
detached houses on property zoned RG-1 on Kestner Road. Mr. Bennett
' believed the single family homes would be in keeping with the single
family homes built in the recently completed Paradise Cove Subdivision.
He indicated that members of the Paradise Cove Homeowners Association
twere present and supported the request.
1
I
May 10. 2004 REGULAR COMMISSION MEETING Page 3
Keith Woodward of 1710 Main Street cited several problems he was
' having with a family in his neighborhood and requested assistance in
resolving the problems. Chief Thompson stated he would speak with Mr.
Woodward.
' 3. Unfinished Business from Previous Meeting
City Manager's A. City Manager's Follow-up Report
Follow-up Report
City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment B.
' In addition to the written report Chief Thompson provided statistical data
verifying that speeding and the number of speeders had been significantly
' reduced since the speed humps were installed on Plaza.
Consent Agenda 4. Consent Agenda
' A. Acknowledge receipt of Monthly Reports: Code Enforcement,
Public Safety, Public Works and Utilities, and new Occupational
'
B. Licenses (City Manager)
Award annual contract for meter testing to Reed & Shows
Meters and Supplies in an amount not to exceed $14,662.00 (Bid
No. 0304-15) (City Manager)
Motion: Approve Consent Agenda Items A and B as presented.
rMoved by Parsons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Nleserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
A. Report from the Tree Conservation Board
No one was present to report on behalf of the Tree Conservation Board.
Resolutions 6. Action on Resolutions:
None.
I
May 10. 2004 REGULAR COMMISSION MEETING Page 4
Ordinances 7. Action on Ordinances
A. Ordinance No. 10-04-22 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
1 OF DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF
ORDINANCES FOR THE CITY OF ATLANTIC BEACH, CHAPTER
3, ALCOHOLIC BEVERAGES TO REPEAL AND REPLACE
SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS 3-1
THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING
REGULATIONS FOR THE LICENSING AND SALE OF
ALCOHOLIC BEVERAGES; ESTABLISHING APPROPRIATE
BUSINESS LOCATIONS FOR ON-PREMISE AND OFF-PREMISE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; AND
REGULATING THE CONSUMPTION AND POSSESSION OF
ALCOHOLIC BEVERGES UPON PUBLIC PROPERTY;
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Approve Ordinance No. 10-04-22 on final reading.
Mayor Meserve opened the floor for a public hearing. No one spoke and
the Mayor closed the public hearing.
' There was no discussion.
' Moved by Parsons, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
' Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
Town Center Bracket A. Discussion and possible action related to Bracket Signs within
' Signs Town Center and the Central Business District (Comm.
Simmons)
' Commissioner Simmons stated that she would like overhead bracket signs
to be installed in Town Center to assist those not familiar with the area to
find specific businesses. She felt the signs should be uniform in size and
' not too obtrusive and indicated that The Book Mark and Ukulele had signs
made and requested that staff check on their size.
' May 10. 2004 REGULAR COMMISSION MEETING Page 5
Commissioner Beaver felt this matter should be referred to the members of
' the Town Center Agency for discussion and input on a design for the signs.
Mayor Meserve requested City Attorney Jensen's opinion on the bracket
' signs. City Attorney Jensen advised that the signs would hang over city
rights-of-way and reminded the Commission that in the past, businesses
whose signs overhung the right-of-way had been required to move the
signs.
Commissioner Waters believed the City of Neptune Beach, as well as
members of the Town Center Agency, should be involved in the discussion.
Mayor Meserve agreed with Commissioner Waters that more input was
' needed. Discussion ensued and it was the consensus of the Commission to
refer the bracket sign issue to the Town Center Agency and the City of
' Neptune Beach for their input.
NO ACTION WAS TAKEN
' Subdivision Waiver B. Subdivision Waiver requested by Kevin Bennett to allow new
Kevin Bennett residential lots with width less than seventy-five feet at the
Building Restriction Line and less than 7,500 square feet of lot
area (City Manager)
' Motion: Grant Subdivision Waiver to Kevin Bennett to allow new
residential lots with width less than seventy-five feet at the Building
Restriction Line and less than 7,500 square feet of lot area.
Mayor Meserve requested the City Attorney's opinion on the requirements
to legally grant a subdivision waiver. The City Attorney responded that to
' grant a waiver, the request must meet the criteria set forth in Section 24-191
of the Zoning Ordinance. A copy of the staff report listing criteria for
granting a waiver is attached and made part of this official record as
' Attachment C.
Commissioner Waters inquired as to the impact granting the waiver would
' have to the Comprehensive Plan, the tree canopy and the impervious
surface requirement. Community Development Director Doerr explained
that the Comprehensive Plan set the limits for the number of units that could
' be built on the property and there was no difference on the permeability
between the single family and town homes. The impact on the tree canopy
was unknown.
' Discussion ensued. Commissioners Beaver and Simmons expressed
concern that granting the waiver would set precedence for future
' development. Mayor Meserve pointed out that no hardship had been
I
May 10, 2004 REGULAR COMMISSION MEETING Page 6
demonstrated, and the Commission could not grant the waiver because the
request did not meet the listed conditions for granting a waiver.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 1 —Waters
Nay: 4 - Beaver, Parsons, Simmons, Meserve
MOTION FAILED
Open House Signs C. Discussion and related action regarding Open-House signs
(Mayor)
Mayor Meserve stated that the current ordinance allowed two signs on the
property for an open house. He proposed keeping a limit of two signs, but
allowing one sign to be placed off-site on private property.
City Manager Hanson reported that staff had removed numerous signs from
city property in the past few months and indicated that the ordinance must
be enforceable on its own merit.
' Discussion ensued. Commissioner Parsons reiterated his previous position
to keep the current sign ordinance. Commissioner Simmons stated that
Neptune Beach and Jacksonville Beach do not allow off-site signs and there
' were other methods of advertising open houses. Commissioner Beaver
stated that he had spoken with a member of the local Realtors Association
and they had no problem with the current ordinance.
' It was the consensus of the Commission to leave the sign ordinance as is.
NO ACTION WAS TAKEN
9. City Manager
City Manager's Report A. City Manager's Report
' City Manager Hanson reported on the following items:
❖ Reported the other beach cities were going to consider ordinances to
' regulate the possession and use of fireworks and inquired if the
Commission wished to adopt a similar ordinance.
Discussion ensued and Mayor Meserve indicated that the city's
ordinance needed to be consistent with the other beach cities. He
directed staff to prepare the ordinance.
I
May 10. 2004 REGULAR COMMISSION MEETING Page 7
•:• Reviewed the city's septic tank conversion program and reported that
those residents who were still on septic tanks were one year away from
the deadline to convert to the public sewer system. He indicated at the
beginning of the program 279 residents were on septic tanks and now
tthe number of residences on septic tanks was 177. He indicated that he
would send letters to remind those property owners of the requirement
to convert to the public sewer system.
'
Reports/Requests 10. Reports and/or requests from City Commissioners and City
' City Commissioners Attorney
City Attorney
Commissioner Beaver
❖ Reported he had been contacted by the property owner and requested
that staff look into the placement of a fire hydrant on the property
located at 208 Belvedere Street.
❖ Commented on how well the city's new drainage system worked during
a recent heavy rain, which occurred at high tide.
❖ Complimented staff for the number of good quality trees being planted
around the city.
❖ Commended Commissioner Parsons for the Atlantic Beach Public Art
Commission's (ABPAC) successful Artists' Tour and reception held at
the Adele Grage Cultural Center.
Commissioner Waters
❖ Noted that the Animal Control Officer was working on the beach over
the weekend.
❖ Requested that staff check into the City of Jacksonville program to
preserve historic neighborhoods.
❖ Referenced Item 8B and commented that he would rather see the
property developed as single-family homes.
Commissioner Parsons
❖ Reported that ABPAC Artists' Tour was very well attended and had
raised $2,600 for public art.
••• Reported that he had visited Skate Road, Hopkins Creek and Aquatic
+ Gardens during the recent heavy rains and there was no flooding and
C
May 10, 2004 REGULAR COMMISSION MEETING Pane 8
wondered if the City Commission should reconsider its plans for
drainage improvements in the Aquatic Gardens area.
Adjournment There being no further discussion, the Mayor declared the meeting
' adjourned at 8:40 p.m.
1
John Meserve, Mayor/Presiding Officer
' ATTEST:
Maureen King
Certified Municipal Clerk
1
1
AGENDA ITEM#2A
MAY 24,2004
1
,f ro ctamatton
' WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the
citizens in this community through the enforcement of building, zoning, housing, animal control,
fire safety, environmental and other codes and ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in
saving lives and improving neighborhoods; and
' WHEREAS, everyday, assisted by support and program staff, they attempt to provide
quality customer service to the public for the betterment of the community; and
' WHEREAS, too many times their efforts go unnoticed, even after code compliance has
been accomplished due to their efforts and expertise; and
' WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly
responsible individuals who take their jobs seriously and are proud of their department and the
' local government within which they serve; and
WHEREAS, the Florida Association of Code Enforcement (F.A.C.E) has declared the
' first week of June be set aside by local government to honor and recognize their Code
Enforcement Officers;
' NOW THEREFORE, I John Meserve, by virtue of the authority vested in me as Mayor of
the City of Atlantic Beach, Florida, do hereby proclaim the week of June 7-11, 2004 as
' CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
' In the City of Atlantic Beach, Florida in accordance with the state-wide observance of the same
and encourage citizens of Atlantic Beach, Florida to join this Commission in expressing
appreciation for the dedication and outstanding service provided by the individual who serves as
' our Code Enforcement Officer.
IN WITNESS WHEREOF, I have hereby set my hand and cause the official seal of the City of
Atlantic Beach to be affixed this 26`h day of May, 2004.
1
' John Meserve
Mayor
6. AGENDA ITEM #4A
MAY 24,2004
Li City of Atlantic Beach, FL
IUtility Sales Report
A•ril 2004 April 2003
Gallons Actual Revenue Gallons Actual Revenue
li Water Sales Accounts (000) Revenue Per 1,000 gl Accounts (000) Revenue Per 1,000 gi
p
Atlantic Beach 5,470 48,081 $93,655 $1 95 5,316 41,172 $81,696 $1 98
Buccaneer 2,646 26,200 $59,878 $2.29 2,584 29,237 $64,508 $2.21
Total Water Sales 8,116 74,281 $153,533 $2.07 7,900 70,409 $146,204 $2.08
Water Plant Production
Gallons Gallons
(000) (000)
IAtlantic Beach 63,073 61,114
Buccaneer 33,733 34,431
Total Production 96,806 95,545
1 Total Water Billed 74,281 70,409
IWater Loss for month: 22,525 25,136
Percentage Loss 23.27% 26.31%
16 Total 12 mo.Avg. Loss 14.90% 14.30%
Gallons Actual Revenue Gallons Actual Revenue
Sewer Sales Accounts (000) Revenue Per 1,000 gi Accounts (000) Revenue Per 1,000 gi
v s,� .a 4 : .+ti.. ry tr r+�o Y �4 a..+-by !r a i .°�`4. rl r "- �, '�"SYx..�liirq� " 1
.:.sa�'�'�#ska:�'.;�tx7�.� s�'.�i..twce't*' ��''�'}. .._.�...�..ns.L,/:.a...�i,s�*`„ -$�._�t�i'��. ax1� �..�:Js�� �':»': _ '� � h�3�2:?: 'c. '�aka.>t>.v::�u...�-�:�c.�>:
rr Atlantic Beach 4,635 36,920 $147,349 3.99 4,545 34,338 $134,777 3.93
Buccaneer 2,349 24,766 $118,318 4.78 2,352 27,997 $127,881 4.57
Total Sewer Sales 6,984 61,686 $265,667 $4.31 6,897 62,335 $262,658 $4.21
r
L
r
Sewer Treatment
Millions of Gallons 75.19
Rev. •-r 1,000 Gallons $3.49
V
L
AGENDA ITEM#4B
MAY 24,2004
CITY OF ATLANTIC BEACH
Ir CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Purchase of Tractor for Wastewater Plant, Bid No. 0304-16
SUBMITTED BY: Donna Kaluzniak, Utility Directo
DATE: May 14, 2004
BACKGROUND: Bids were advertised for a tractor/front end loader for use at the
Wastewater Treatment Facility. This equipment is used specifically for removing biosolids from
the sludge drying beds as part of the treatment process. A Kubota Model L3430HSTC or equal
was specified, as staff has found the Kubota to perform very well in this application for many
years.
Three bids were received on May 5, 2004. The low bid from Tresca Machinery, Inc. did not
meet the specifications, including the requirement for a cab, and was rejected. The lowest bidder
meeting specifications was Coastal Equipment Systems, Inc. in the amount of$24,314.96.
BUDGET: A total of$25,000 was budgeted for purchase of the tractor in the Sewer Fund
it under account number 410-5508-535-64-01.
RECOMMENDATION: Purchase the tractor for the wastewater treatment plant from Coastal
Equipment Systems, Inc. for$24,314.96.
ATTACHMENTS: 1. Bid Tabulation Form
REVIEWED BY CITY MANAGER:
1
I
AGENDA ITEM#4B
MAY 24,2004
I
a.
0
0
CO
I
I
I
o
U o
C CO
CO
U OO
' ami c X X X X X
H U 2
D
a
2 a a
Q
I
C
0
w
Ucn
c p E
_ cr _ ^t! 0 p w H o
' W C/) v S E Z m �j o
mw J Q J CO CO
W w 0 Q O >.,
w
Q OjM11-)H J > To
cQ
C co C
Q a J .,
a) K a)
u- Z —i E 0 E
o < < a E_ "cr.
49. m
I
ce _U
�_ w W X X X X
U0a_ m -z„-•
. o
CCI Cf) o Cf) a
U N
Y co
n
a 0 a
o 2
`0 tri coI
0 m a)
O X X X X Xco-
m
toca ToC
1 a)
C
iii 7-
(..)
L8
o
U
cn co
C
N E ~
U
N 2 ccn i j
E = o a) _
o c o
a)
o U v
c J
U U U ra
O
Q O nD 8O
O_ LL S]
F.. O Y D1 Y
- C Or >.
co O O Q) C 7
M 2?U a> w
o ma)
E
It C a) " a cu a
c m
0., 2
m
D] u) cn 0 in _r
rAGENDA ITEM#6A
MAY 24,2004
iii 1
L ,;:aaliV:r f,t.:\, . .,. .4,, . r)7..1.740:x:
N JR 9`'
L.,
CITY OF ATLANTIC BEACH
r'
6 RESOLUTION NO. 04-05
r A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, HONORING RENE SCHIEGG, GENERAL
MANAGER OF THE SEA TURTLE HOTEL FOR HIS
LPUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH
rWHEREAS, Rene Schiegg has earned the affection of a host of area residents who are
proud to call him"friend", and his dedication to the best interests of the community has won the
high regard of the City Commission and citizens of Atlantic Beach; and
LWHEREAS, Rene Schiegg has given generously of his time and effort in the preparation
of the Town Center's Annual Christmas Tree Lighting event, "Dancing in the Street" Festival,
Land as President of the Town Center Merchants Association;and
WHEREAS,the City Commission recognizes the valuable contributions Rene Schiegg
L has made during his tenure as a member of the Town Center Parking Committee and the Town
Center Project Overview Committee, and the vital role he has played in the important work of
these committees.
LNOW, THEREFORE, BE IT RESOLVED the City Commission of Atlantic Beach,
Florida, hereby expresses its deep appreciation for the contributions of Rene Schiegg and
I
extends heartfelt gratitude on behalf of the citizens of Atlantic Beach and best wishes for his
continued success in all future endeavors.
I
ADOPTED by the City Commissio of • tlantic Beach, Florida,this 24th day of May, 2004.
1t
o 1 T.. serve, a or
I P' k
6.7j,e/qh4,,sw--
L ' 'ch. i . Beaver, Mayor Pro Tem Paul Parsons, Commissioner
/ —14410,110.1k.
I 0 1_,v Oa -2`....e..--A IL_ •••• "" - 4 19.tie"
lvia I. immons, Commissioner J. •ezm• s aters,III, Commissioner
L
AGENDA ITEM #7A
MAY 24,2004
LCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 20-04-64 AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2003 AND ENDING SEPTEMBER 30, 2004.
SUBMITTED BY: Nelson Van Liere
Finance Director
DATE: May 17, 2003
BACKGROUND: Traditionally, half way through the year, the City reviews the
expenditure progress compared to the budget and proposes a midyear adjustment to fund items
that were unanticipated. Some of these items have already been discussed with the City
Commission. These adjustments simply address the budgeting aspect of those items. Following
is a list of items funded by this entry.
' • Provide an expense budget of$5,250 for the Florida League of Cities Banquet
hosted locally. Also to provide for the reimbursement of$4,300 from other local
' municipalities for their share.
• Provide additional funds to the Fleet Maintenance Division of Public Works for
the cost of non-contract work related to various accidents and to provide a budget
for the related insurance reimbursement revenues in the amount of$10,500.
• To add funding to the Public Works Streets Division contract services accounts in
the amounts of$10,000 for the Roundabout Study, $7,075 for repairs to the Town
' Center column on the Neptune Beach side, $708 for spare bricks for Town Center
columns and $5,800 to replace a Medjool palm tree damaged by an accident. The
additional costs of Town Center should be reimbursed by the City of Neptune
' Beach for approximately$13,000.
• To eliminate the transfers from the City's general fund for pension administration
expenses. Recent code modifications require that these administrative expenses
' be funded by the pension funds through increased contributions as calculated by
the actuary.
• To increase the Community Development Block Grant funding by $38,158 for
' amounts carried forward from previous years and to provide an expenditure
budget for those funds. The funds are required to be spent in the amounts of
$28,071 for housing rehabilitation and $10,087 for infrastructure improvements.
' • To create a revenue budget of$59,093 for the proceeds of a Federal Grant from
the Florida Inland Navigation District for expenditures incurred last year on the
Dutton Island Park project.
111
• To increase the budget for the city hall expansion project by$113,450.
AGENDA ITEM#7A
MAY 24,2004
L
• To increase the budget for the Town Center Phase III project by$4,000 and to
include additional brick work for $7,000 for a total of$11,000.
• To increase the Storm Water Utility contract services budget for unexpected
repairs in the amounts of$15,000 at W. 6th Orchard Street, $13,500 at Royal
Palms and Cutlass, $19,000 for the 800 block of Sailfish and additional costs for
Id the replacement of 560 feet of 24 inch storm water pipe on Country Club Lane.
These repairs are to be funded by a transfer from the General Fund fund balance
in the amount of$57,500
V
BUDGET: The total decrease in fund balance of all funds combined as a result of this
amendment is $134,407.
V
RECOMMENDATION: Approve Ordinance No. 20-04-64
ATTACHMENTS: Ordinance No. 20-04-64
REVIEWED BY CITY MANAG ' • 1114.111P-
L
I
1
t
AGENDA ITEM#7A
MAY 24,2004
ORDINANCE NO. 20-04-64
Ir AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day to day decisions affecting
such budgetary systems require adjustments from time to time.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2003/2004 Final Budget be amended as follows:
Revenues: General Fund
Miscellaneous Revenues—F.L.O.C. Banquet Reimbursement 4,300
Insurance Reimbursements 10,500
Reimbursement from City of Neptune Beach—Town Center 13,000
Total Revenues: $27,800
Expenses:
Public Works
Streets Division
Operating Expenses
Contract Services - Town Center Maintenance $23,600
Fleet Maintenance
Operating Expenses
Non-Contract Services 10,500
General Government
Non-Departmental
Operating Expenses
Other Current Charges 5,250
Transfers—Out
Transfer to General Employees Pension Fund <15,000>
Transfer to Police Employees Pension Fund <15,000>
Transfer to Storm Water Utility 57,500
Total Expenses: $66,850
Change in Fund Balance <$39,050>
General Employee Pension Fund
Revenues:
IAGENDA ITEM#7A
MAY 24,2004
I
Transfers—In from General Fund <$15,000>
IChange in Fund Balance: <$15,000>
IPolice Employee e Pension Fund
I
Revenues:
Transfers—In from General Fund <$15,000>
I
Change in Fund Balance: <$15,000>
I Community Development Block Grant Fund
Revenues:
Federal Grant Proceeds $38,158
IExpenses:
Operating Expenses:
I Aid to Private Citizens $28,071
Capital Outlay
Improvements Other than Buildings 10,087
ITotal Expenses: $38,158
Change in Fund Balance: $0
I
IHalf Cent Discretionary Sales Tax Fund
Federal Grant Proceeds—F.I.N.D. $59,093
IExpenses:
Capital Outlay
City Hall Expansion $113,450
ITown Center Phase III 11,000
Total Expenses $124,450
IChange in Fund Balance: <$65,357>
I Storm Water Utility
Revenues:
II Transfer—In—from General Fund $57,500
Expenses:
IContract Services $57,500
Change in Fund Balance: $0
AGENDA ITEM #7A
MAY 24,2004
2. This ordinance shall take effect immediately upon its adoption.
' Passed by the City Commission on first reading this day of May , 2004.
Passed by the City Commission on second and final reading this day of June, 2004.
' John S. Meserve
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST:
' Alan C. Jensen, Esquire Maureen King, CMC
City Attorney City Clerk
1
1
1
AGENDA ITEM#7B
MAY 24,2004
a.
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
is
' AGENDA ITEM: Amendment to Ordinance 8
SUBMITTED BY: Don Ford, CBO
DATE: May 17,2004
' BACKGROUND: Attached is a proposed amendment (Ord. 25-04-36) adding
section (d) to ARTICLE III SECTION 8.33. This requirement
is a suggested change from FEMA to better protect flood prone
properties and to add additional points to the cities CRS
classification.
The Building Department has been requiring this elevation
since 1994 as a policy.
BUDGET: No budget issues.
ATTACHMENTS: Draft ordinance.
RECOMMENDATION: N/A.
REVIEWED BY CITY
MANAGER:
AGENDA ITEM#7B
MAY 24,2004
' ORDINANCE NO. 25-04-36
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
' FLORIDA, AMENDING CHAPTER 8 FLOOD HAZARD AREAS
TO COMPLY WITH REQUIREMENTS OF THE NATIONAL
t FLOOD INSURANCE PROGRAM AND THE COMMUNITY
RATING SYSTEM; PROVIDING AN EFFECTIVE DATE
THEREOF.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
' SECTION 1. Chapter 8, Flood Hazard Areas, Article III, Flood Hazard Reduction Standards,
Sec. 8-33, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended
to read as follows:
' Section 8-33. Standards for streams without established base flood elevations and/or floodways
' (a) When base flood elevation data or floodway data have not been provided in
accordance with Article 1, Section 8-7, then the local administrator shall obtain,
review, and reasonably utilize any base flood elevation and floodway data
' available from a federal, state, or other source in order to administer the
provisions of Article III.
(b) In special flood hazard areas with base flood elevations (Zones AE) but without
' floodways, no encroachments, including fill material or structures, shall be
permitted unless certification by a registered professional engineer is provided
demonstrating that the cumulative effect of the proposed development, will not
' increase the water surface elevation of the base flood more than one foot at any
point within the community. The engineering certification should be supported by
technical data that conforms to standard hydraulic engineering principles.
(c) In special flood hazard areas without base flood elevation and floodway data, new
construction and substantial improvements of existing structures shall have the
lowest floor of the lowest enclosed area (including basement) elevated no less
' than two (2) feet above the highest adjacent grade at the building site.
(d) A minimum finished floor elevation of one (1) foot above the crown of the
road of the nearest adjacent roadway shall be maintained in all flood zones.
1
Section 2. This ordinance shall become effective immediately upon its final passage and
adoption.
1
AGENDA ITEM#7B
MAY 24,2004
' Passed by the City Commission on First Reading
Passed by the City Commission on Second and Final Reading
JOHN S. MESERVE
' Mayor, Presiding Officer
ATTEST:
MAUREEN KING
City Clerk
' Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
1
Page Two
Ordinance No.25-04-36
AGENDA ITEM#7C
MAY 24,2004
ORDINANCE NO. 95-04-87
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 13 OFFENSES; BY CREATING A NEW SECTION 13-13 "REGULATION
OF FIREWORKS;" SETTING FORTH REGULATIONS FOR THE POSSESSION
OF FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING
ORDINANCES; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH.
Section 1. That a new Chapter 13, Section 13-13 "Regulation of fireworks"of the Code of
Ordinances of the City of Atlantic Beach, Florida, be created and shall henceforth read as
follows:
Section 13-13 Regulation of fireworks
(a) Definitions. For purposes of this section, the following definitions will apply:
(1) Division—means the Division of the State Fire Marshal of the Department
of Financial Services.
(2) Explosive compound—means any chemical compound, mixture, or device
the primary or common purpose of which is to function by the substantially
instantaneous release of gas and heat.
(3) Fireworks—means and includes any combustible or explosive composition
or substance or combination of substances or, except, as hereinafter
provided, any article prepared for the purpose of producing a visible or
audible effect by combustion, explosion, deflagration or detonation. The
term includes blank cartridges and toy cannons in which explosives are
used, firecrackers,torpedoes, skyrockets, roman candles, dago bombs, and
any fireworks containing any explosives or flammable compound or any
tablets or other device containing any explosive substance; but excludes
starter pistols and toy cannons used during organized sporting events and/or
city-approved parades or celebrations. For purposes of this section, the
definition of "Fireworks" does not include any item listed in Section
791.01(4) (b) & (c), Florida Statutes.
(4) Sparkler - means a device which emits showers of sparks upon burning,
does not contain any explosive compounds, does not detonate or explode, is
hand held or ground based, cannot propel itself through the air, and contains
not more than 100 grams of the chemical compound which produces sparks
upon burning. Any sparkler that is not approved by the division is classified
as fireworks.
L
' AGENDA ITEM#7C
MAY 24,2004
(b) General regulations.
(1) Except as hereinafter provided, it shall be unlawful for any person, firm, co-
partnership, or corporation to possess, use, sell, or explode any fireworks
' within the municipal boundaries of the City of Atlantic Beach. Any fireworks
found as a result of a violation of this section will be confiscated and
destroyed.
' (2) Sparklers as defined in this section are exempt from the provisions of
subsection(b)(1).
' (3) Notwithstanding the requirements of subsection (b)(1), the City of Atlantic
Beach has the authority to authorize the granting of permits for supervised
' public displays of fireworks within the municipal boundaries of the City of
Atlantic Beach, as provided in Section 791.02(1), Florida Statutes.
' (c) Penalty. Any person violating any provision of this section shall be guilty of an
offense punishable by a fine of fifty dollars ($50) per violation, payable within ten
(10) days of issuance of a citation at City Hall, located at 800 Seminole Road in
' Atlantic Beach, Florida. A late fee of ten dollars ($10) shall be attached to any fine
not paid by the due date.
' SECTION 2. That all other ordinances or parts of ordinances in conflict herewith be
and the same are, to the extent the same may be in conflict, hereby repealed.
' SECTION 2. The Ordinance shall become effective immediately upon its final passage
and adoption.
' Passed on First Reading this day of , 2004
Passed on Second and Final Reading this day of , 2004
John Meserve
Mayor
' ATTEST:
' Maureen King, CMC
City Clerk
Approved as to form and corrections:
Alan Jensen
City Attorney
AGENDA ITEM#8A
MAY 24,2004
L
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Rescheduled public hearing to consider a request for a Use-by-
Exception
se-b -Exception per Section 24-161 (i) to reduce the required number of parking spaces from 22
to 17, and to reduce the width of spaces from ten to nine feet related to the proposed
development of a new two-story commercial building containing professional office use and
' also a height waiver per Section 24-156 to allow a proposed building height of 32-feet,
exceeding the 25-foot height limit within the Central Business District for property located
at the southwest corner of Ahern Street and East Coast Drive.
' SUBMITTED BY: Sonya Doerr, AICP j..63
Community Development Director
DATE: May 14, 2004
BACKGROUND: This request was deferred from the October 13, 2003 meeting. (As
requested at that meeting, individual notices have been mailed to adjacent and nearby property
owners.) Since that earlier meeting, the application has been amended as follows.
' 1) The original request anticipated a mix of office and retail use. The use is now limited
to 8872 square feet of professional office use.
' 2) The original request sought to reduce the required number of off-street parking spaces
from 28 to 13 spaces. The currently proposed development requires 22 spaces, and a
5-space reduction to provide 17 spaces is requested.
' 3) The parking regulations require parking spaces to be 10-feet in width, and the
application requests that spaces be permitted to be 9-feet in width.
4) Building height in the Central Business District is limited to 25-feet. The application
' requests a waiver to allow a two-story building 32-feet in height. The original
application requested a building height of 35-feet.
' It is the applicant's position, as expressed within the attached letter, that because the use is now
limited to office only, the needed parking for this project will not compete with peak demand
times related to restaurant, bar and beach use within the Town Center area. Staff recognizes that
' the peak times for parking shortages are typically during weekends and evenings; however, staff
has some concern that restricting the property to office use only may present future enforcement
issues, since retail and restaurant uses are by-right Permitted Uses within the Central Business
' District. Parking waivers previously granted to adjacent projects have not been enforceable, and
specific conditions of several parking waivers have not been met. Staff is also mindful that the
Commission supported the findings of the Town Center Parking Committee recommending that
no future parking waivers be granted. If the Commission takes action to approve this request,
staff suggests a condition restricting the future use of this property to Professional Office only,
unless additional parking as required for any alternative use is provided.
1
' May 24,2004 regular meeting
AGENDA ITEM#8A
MAY 24,2004
r
L
BUDGET: No budget issues involved in this request.
RECOMMENDATION: The Community Development Board considered this application,
as originally submitted at their August 19, 2003 meeting, and approved a motion by a 4:1
vote to recommend approval to the City Commission of the Use-by-Exception, subject to
the following conditions:
1. That a shared parking agreement, as required by Section 24-161 (e) (2), exist
with the Shoppes of North Shore or other property within 400 feet of the
subject site, and that this be a mandatory requirement; and
2. That the on-site parking spaces shall be designated to serve the first floor
retail uses.
Since the amended application involves lesser requested waivers, staff has not returned the
application to the Community Development Board; however, the suggested conditions are no
longer appropriate in that the City has been advised of private lease restrictions that preclude
shared parking agreements, and the retail use has been eliminated from the project. The request
for a height waiver was not considered by the Community Development Board; however, that
Board has expressed a consensus that the 25-foot height limit be maintained within the Central
Business District.
Staff supports the recommendations of the Town
pp Center Parking Committee related to future
parking waivers, but in the case that the Commission takes action to approve the 5-space parking
space reduction, the following condition is recommended.
• Permitted Uses use of this property shall be limited to Professional Office only,
unless additional parking as required for any alternative use is provided prior to
issuance of an Occupational License for said use.
Staff has no objection to the requested height waiver to permit 32-feet, provided that the building
is limited to a two-story design, and further, that elements of the building exceeding 25-feet in
' height be limited to architectural design elements and not heated and cooled interior space, (This
is the first request to exceed the 25-foot height limit in the Central Business District. The
Commission should take into consideration the precedent that approval of this request may
' represent.)
' ATTACHMENTS: Applicant's letter dated May 04, 2004, revised site plan, supporting
materials and minutes of the August 19, 2003 Community Development Board meeting.
REVIEWED BY CITY MANAGER:
' 2
LMap Output AGENDA ITEM#8A
MAY 24,2004
IJAXG1S Property lriformation
11
1 324 76 § 22
3a0 i �Iiij
y L--rr—j'rs .---L--50--
61
T--T ,
-0.1
I
'I I 329 \ 4 I11
ill 331 11
ti
35 341
5 333' 1 2&3 269 �
II I
1II
I
42
r--- 16.1151
769728 000°0
1 �i
\ _.._
363 y !� �
1
� 303
\
290
II
1scowJ
C •k..:• . .--
CO
i 10
Copyrig hi 1C) t€12 C iiy of Jacksonville. F ille.Fl 40.00 a1 mviv.oaacaszt,eril•rmilwm7s.v.rxr-um.r..4
1 RE# Name Address Total Acres Plat Map
Value Legal DescriptiZone
ons
Book Panel Flood LandUse Zoning ENT
42
U R PROPERTIES INC EAST COAST DR 05-U69 21-2S-29E Not in
1 169728 0000,032233 404600 0.36 0001 562 1 ATLANTIC BEACH Flood
BLK 1 LOTS 1,3,5 Zone
I
I
I
I
I
L......__//____ n n.�r.. ..�....-. ._ ..
AGENDA ITEM#8A
ire
MAY 24,2004
_MICHAEL DUNLAP ARCtUTECTS, P.A.
k{ r 'W era_ '• 3. 00 t
� � ORIDA 32202
it y f j at4 v r` • d9. o ,.If r• a.
Y''
AlH Z.'{;�y -t5-,a w ;.• 31.. NK• 4� µ
414-,4
` • •
4 May 2004 :_ . {� ds: .K ' ,-�
... y .. -•`�' `TPS ''l ' �i r,4 '.1" _•.:H
Ms. Sonya Doerr
City of Atlantic Beach •
, •*
800 Seminole Road n`5 •-
- ' • S
Atlantic Beach, FL 32233
' Re: 42 East Coast Drive Variance/Council Submittal
' Dear Sonya,
' Please place the project on the Commission Agenda for the May 24, 2004 regular
meeting. Attached is a revised concept site plan dated 5-04-2004. The project has been
modified as follows:
1. The use of the building will be professional offices only, for a total of 8872 gsf.
2. Parking has increased on site from 13 to 17 spaces. The spaces indicated on the
attached site plan are 9' x 20', from 10' x 20' required. At one space per 400 gsf, 22
parking spaces are required by code.
' 3. The original variance application indicated a structure 35' in height. We now require a
height waiver because of the recent code change to 25' maximum. The revised height will
be
477'
^^�p'
Continued...
•
ARCHITECTURE & PLANNING
' FLORIDA REGISTRATION #AR-9200
www.michaeldunlap.com
AGENDA ITEM#3A
MAY 24,2004
L
4. The original concept of the project, which is a colonnade building with a sideyard
greenspace, is essentially intact. Another positive aspect is that the proposed 17 parking
spaces are daytime use, which adds 17 more "shared" spaces during the peak after-hours
to the Towncenter area. Given the characteristics of the project we look forward to
unanimous council support for the requested variances.
I
Please call if we may clarify any of the information.
I
Is incereiy,
Michael Dunlap
cc: Mr. Chris Hionides
Mayor John Meserve
I
1
1
I
1
1
1
I
1
I
oot9a11 1471.1rau9103M 11aR101:1 4
tO0f99fif lS 1101N01.1111WN79)17fY 11api01N '1-171r361 011Wirt 3Md0 19110'0 19113 tf
OO1111
C 39 13311 9
19 W/a11 19311 911 Qy
9
'v-d 6.1.0a111-024+ dv iNnd 1311H311.1Zl�1N�� 1IV LI !/��I��O ni
a
Q
W N
z � i
ii
a 11811
w�--------
aAINCI l9V'O19413 QW_ I q r $
'IIV'(f av i1
,r w• N41‘b, \"' k,/ i-.4 1
L ,AL a' f' ' 0_ .
R i-----------,''dim 1 \ A
it I-- ; Igl'4 r, ilk 111
! I
1 ‘ lit . N ,
Ln
H...84______ 41,76 ki t: tn in Or
L il_G _ .44V tf) tO
i 1 ii --i id 1r 1 P - ----"•iii•_ 1/
4 g g
„,--) „,--) ‘ ;
ki kiot
in EM I---_-_-I_Vin __.- • j 410
I .. ..\\
kra i, I
I g ,`
;
:°F \4\ 1001 - -
AGENDA ITEM#8A
MAY 24,2004
�_J1.:7�, _ . . _..._. _ ....... . . _._._.�.._._ .. .__
APPLICATION FOR A USE-BY-EXCEPTI
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
Phone: (904)247-5800 • FAX (904)247-5805 • http://www/cLatlantic-beach.fl.us
Date 8-1-03 . 'e os-Aq (.r?3E--2DO
iele i o. 3 -0 3 Receipt
1. Applicant's Name Michael Dunlap Architect
2. Applicant's Address .118 W Adams St. Ste 200 Jacksonville, FL 32202
3. Property Location East Coast Drive @ Ahem St. Atlantic Beach. FL 32266
4. Property Appraiser's Real Estate Number 16972530000 Block No. 1 Lot No. 1. 3. & 5
5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation CG
7. Requested Use-by-Exception Waiver of parking requirements. ( -O t.GC- ,-u c4c. .�,�
' A'
X-P,17-4c11,1 Sri --E, R 1clota -P 11 X2o1 J
8. Size of Parcel 1001 X 150' 9. Utility Provider JEA
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item,as appropriate to this request.)
•
11. Provide all of the following information.. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided..
c. Survey and legal description of property sought to be rezoned.. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted,please provide eight (8)copies of these.).
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s)or authorized person if owner's authorization form is attached:
Printed or typed name(s): Michael Dunlap
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: Michael Dunlap
Mailing Address: 118 W. Adams St. Ste. 200 Jacksonville, FL 32202
Phone: 904) 358-1002 FAX: 904) 358-3708 E-mail: architect@alltel.net
AL AGENDA ITEM#8A
MAY 24,2004
L
EXHIBIT A
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
See attached concept site plan.
C
Z Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
See attached concept site plan.
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 project is entirely compatible with the towncenter neighborhood.
4. Refuse,trash collection and service areas, with particular reference to items(1) and(2) above;
Shared with adjacent retail center.
C .
5. Utilities,with reference to locations, availability and compatibility;
See attached concept site plan.
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. Ser aftarheri r-nncept cite plan
1
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.)
See attached concept site plan.
111 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
I 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.
See architect's statement.
, 1 .
Other information you may wish to provide: See arrhiter..t'S statement
' AGENDA ITEM#8A
MAY 24,2004
1
' 11 August 2003
Retail/Office Building, 42 Eastcoast Drive
Architect's Statement
The proposed two-story project is located on a corner lot in the historic CBD of Atlantic
' Beach. It is flanked by commercial-mixed usero erties on the south p and east as well as
the Northshore Center on the west. The north property, across Ahern Street, is a single-
family residence, well buffered by dense vegetation.
The project is an extension of the existing Northshore Center and creates 9525 gsf of
•' retail and office area and shares many of the existing resources, such as parking,
retention, and trash collection. The existing parking lot to the west, under the same
ownership, can be considered shared parking for the office use on the second floor, since
there are many available spaces for daytime use.
The overall character of the Towncenter is defined by colonnade building types
constructed on their respective property lines. Ragtime, Sundog, and Sunny Carribee are
architectural examples of one and two story structures that define the character of
' Towncenter. Our project is meant to be another example of these ideas, which under the
present code requires a parking waiver. One of the positive aspects of the project is the
creation of a pocket park, which occupies 32% of the site, in lieu of 5720 gsf of
additional asphalt required by the code. This is consistent with the spirit of the
.' neighborhood which carefully balances the built and natural habitats.
' I am confident that the Board and Council will support this project , which will be a
welcome addition to the authentic mixed-use towncenter established many years ago.
' This is a collaboration. I believe that compatible architecture and a park is a fair trade for
a few less parking spaces.
Sincerely,
' Michael Dunlap
i
I ____-_.. ___ AGENDA ITEM#8A
MAY 24,2004
MAP SHOWING BOUNDARY SURVEY OF
111
LOT! 1. 3 AND 5, BLOCK 1. ATLANTIC BEACH. AS RECORDED IN PLAT BOCK 5, PACE 69.
OF THE CL'RR�`JT PUBLIC RECORDS CF DUVAL COUNTY, LORIIIA.
CERTIFIED TO:
O.U.R. PROPER i 1ES, INC.
I
THE GORDON BANK
CLD REPU5UC NATIONAL TITLE INSURANCE COMPANY
PAT TEFZSON, BOND AND LATSHA'JW, P.A.
I .
It
•
I ' AHERN. STREET
+0.V RIGHT ar WAY; •
I
I O 07 (OEEO?
sT.u.3:m1•�icr�iaR'iTca N 89�C173- E 150100' (MEASURED) 'cum)x Curr'-
=Ca 50100' I 50.40 ~
0
I
I .: f :� fit' ; S2 i _.1 SS•0
0.
P .3 s..Y• .mss h.1' HF
ONE S.pR Y
J ? FRAME e 1 1<
's POSTEDI 42 k i v
$ V Two sum OARAOC -71:-- ti I 'c
CC
• v I 2YY 4.,y. 21.7 _...i "o Q i
ILOT 7 i I Q t
nLOCX 1 co
I I _ Q c
t
i 4! L> c
' I— ."'.11
,I g U'I6 .: Q Q •• oLu 5 I LOT 3 I LOT 1 H
ILOI
BLOCK I I BLOCK 1 I BLOCX 1
I I 'f•
142
-KaAA 1 1
54.0Cr 4'
I
b 5 89170'13" w ,•6m I_WI TO NEW 50.00` (CAL.C"JU rED. )
x 150.00• (OEM)
I LOT 8 LOT + LOT 2
BLOCK 1 i BLOCK 1 • ELOCK I
•
LEGEND: '
I .1 _ c.o.= --X— roc:I. I.$C.k :GNCRr,TF
f
NOM:I REVISIONS
I. !~ARI.NGS AP.: BASED Cti THE ASgJw1Q SEARING C, S S•DQ'00• E ALONG INE
`h`TSRL. BOUNDARY UNE Cr SUBJECT ?ARCM. DATE DESCRIPTION
2. 3r MAPYC PiDTTING CNLT 'NE CAPTIONED LANDS UE wT>•N
1N Flo= 2L-IE X AS 94CNot ON TM C .
NA.11004AL fLO= INSURANc MAP OA TED APRIL 17, 196D, =1.t.1AM
MER MBER 120075,.PANE. CCM-2.- ?-23-C) I Cartr2A:=7.472-0ALI.
1 me IQ,2'V 0c^.C.TC III cee:•.,Ctu*r: 1. 71f5NTE n: 'lily ,e nCa vcrrencn 0 el- L!no wr a r+ti.ulrlt FNr 1
AGENDA ITEM#8A
MAY 24,2004
Minutes of August 19, 2003 Regular Meeting of Community Development Board
Page 5
b. UBE-2003-03, and ZVAR-2003-15, Michael Dunlap on behalf of Chris Hionides.
Amended request for a Use-by-Exception per Section 24-161 (i) to reduce the required
number of parking spaces from 28 to 13, and also for a Variance to reduce the required side
yard setback on a corner lot from 15-feet to 11-feet related to the proposed development of
a new commercial building containing retail and professional office uses to be located at the
southwest corner of Ahern Street and East Coast Drive.
Mr. Michael Dunlap introduced himself as the project architect representing Mr. Chris Hionides
who was the owner of this parcel as well as North Shore Center to the west. He stated that they
were requesting consideration on two issues: (1) a variance to reduce the corner lot dimension or
setback dimension from 15 feet to 11 feet, and (2) the Use-by-Exception to reduce parking from
the 28 spaces required by the Code to 13 spaces provided on site.
Mr. Dunlap advised that Mr. Chris Hionides owned this lot as well as North Shore so they could
be considered in some ways to be an extension of North Shore Center but not connected. He
stated that this project was a separate building on a separate lot. He stated that this project was a
blend of the setback requirements, height restrictions, parking issues, the built habitat and natural
habitats. He advised that they were creating a colonnade building with covered walkways on the
ground floor and second floor, a retail base, stairs at each end, elevator lifts with roughly 4,500
square feet per floor, for a total of 9,500 square feet--retail below and professional offices
upstairs.
Mr. Dunlap addressed the parking issue as follows: If they were, in fact, an extension of North
Shore, then they had 91 parking spaces in North Shore and they had 13 parking spaces [in the
new project]. (Mr. Dunlap displayed a rendering of the project.) The office and retail in North
Shore and the café add up to 21,000 square feet of space, and the new project was 9,500 square
feet, for a rough average of 30,000 square feet of office retail including Sticky Fingers. They are
providing, between North Shore and this project, 104 parking spaces. He stated that Sticky
Fingers required quite a bit more parking than that of office-retail but he did not think that there
was such a severe parking problem that there was substantial evidence to deny a project like this.
He further stated that they felt that the office space was taken care of during the day by shared
' spaces and they did not need to provide 12 parking spaces for the second floor because it could
be shared by on-street parking in the neighborhood within two blocks. Mr. Dunlap stated that
they were providing 13 of the 16 spaces for retail of the ground floor.
Mr. Dunlap advised that they could move the building back and double thearkin but they
g
would like to give the community a pocket park by using 32% of the site for green space. He
' stated that they could fill the lots with asphalt but he thought that had been done too much; or
they could in-build them with a balance of built habitat and natural habitat.
Mr. Dunlap informed the board that in the audience was Mr. Ned Jones, who developed 16,000
' square feet of mixed-use space in Neptune Beach, and provided 12 parking spaces. He stated
that that project had been a success in Neptune Beach and it was only two blocks away. He
further stated that this project was a very close-by precedent, not located in Atlantic Beach but
located in Town Center, and it added an economic vitality that had been missing for years.
' Mr. Dick Hilliard spoke in opposition to the project. He stated that he did not see any water
retention areas and they want to back out onto Ahern Street, which was already a bad
intersection.
AGENDA ITEM#8A
MAY 24,2004
' Minutes of August 19, 2003 Regular Meeting of Community Development Board
Page 6
Mr. Jenkins requested that the board resolve the issue of whether or not they could include the
' North Shore parking area as countable or as a whole in the aggregate.
' Mr. Wolfson said that historically speaking, when Sticky Fingers came before the board that
there was a restaurant in place that did not succeed, that they wanted to put in their restaurant,
and that there was a need for additional parking. He said that the owner of Sticky Fingers at the
time said that he had made arrangements, if needed, for valet parking across the street, which the
board felt would be cumbersome. In addition, Mr. Wolfson said that Al's Pizza had two
variances, one when he remodeled, and one when he expanded the restaurant. He advised that
' this entire quadrant has very minimized parking.
Ms. Doerr advised that Section 24-161(e)(2) provided a provision for shared parking under
certain conditions. She said that a parking study or analysis on the entire area that is under single
ownership or unified control is typically required when there was shared parking by mixed uses.
' In response to a question from Mr. Jenkins, Ms. Doerr stated that her staff report indicated that
she did not object to the parking waiver subject to certain conditions: 1) that the 13 on-site
parking spaces adjacent to the new building be designated for use only by the retail part of the
project, which would be 3 less than the 16 required by Code for the retail space, and 2) that the
property owner designate private parking for office use within the lot he owns that was adjacent
to this property. She said that this would have resulted in only a 3-space deficit for the whole
' project. However, she informed the board that Mr. Dunlap had since informed her that there was
a restriction in the tenant leases that prohibited the designation of parking for specific businesses.
' Mr. Dunlap stated that he would welcome a parking study if the city would fund it. He further
stated that he believed there was a perceived parking problem at Town Center but that it was a
weekend and nighttime issue, not a daytime issue.
' Discussion was held with regard to the Use-by-Exception granted to Sticky Fingers. Mr.
Wolfson advised that the board alleviated the amount of parking spaces required and that the
records should be on file.
Mr. Frohwein advised that he liked the proposed mixed use of the building as opposed to solely
' retail. He thought that it would add attractiveness to Town Center.
Mr. Frohwein asked Mr. Dunlap how they were going to handle retention. Mr. Dunlap
' responded that they were exempt from the St. John's Water Management and, in light of that, the
city was willing to waive their retention requirements. Mr. Wolfson asked Mr. Dunlap about any
' concessions he may have from the city. Mr. Dunlap responded that his engineerspoke with Bob
Kosoy, who indicated that they would be exempt from City standards if they were exempt from
St. John's Water Management. Ms. Doerr advised that the city had separate drainage and
' stormwater requirements from the St. John's Water Management District. She further advised
that this project would be subject to a paving and drainage review as part of the permitting
process.
' Ms. Drysdale stated that she liked that this project was sensitive to maintaining the green space
and the mixed use. She asked Mr. Dunlap if the green space in the rear of the property was
AGENDA ITEM#8A
MAY 24,2004
Minutes of August 19, 2003 Regular Meeting of Community Development Board
Page 7
adjacent to the parking lot at North Shore. Mr. Dunlap responded that there was 32 feet of
shared property line.
Mr. Wolfson asked Mr. Dunlap if there was any consideration to reduce the number of offices
and retail spaces so that they could reduce the number of parking spaces needed. Mr. Dunlap
responded that it was difficult, at this point in time, to determine how many businesses would be
located in each bay.
Mr. Wolfson stated that the retail mix was going to be problematical because if they have a
' bakery that was going to serve food or coffee and have seating, then they would have a greater
demand for parking than if they had drive up, walk-in minimum usage retail. Mr. Dunlap
responded that the code defines retail to allow coffee shops, and there was a real distinction
between a restaurant license and a coffee shop license.
Mr. Wolfson asked Mr. Dunlap how many feet were between the building line and the lot line,
north to south. Mr. Dunlap responded 32 feet. Mr. Wolfson advised that he was asking this
question because that was possible additional parking. Mr. Dunlap stated that they discussed this
in early design sessions but thought there was already too much traffic on East Coast. He further
stated that Al's Pizza service and driveway were part of the congestion problem and they did not
want to compound the problem.
Discussion was held with regard to shared parking and what would happen if the two
developments were separated at a later date. Ms. Doerr advised that the city could require a
shared parking agreement.
Mr. Frohwein asked Ms. Doerr if she saw any benefit to limiting types t es of retail uses that
could occur here, specifically meaning restaurants which seem to demand a lot of parking
trequirements and would that be reasonable, fair and equitable to do so. Ms. Doerr responded
that over time, it would be very difficult for the city to monitor. She stated that restaurants are
allowable commercial uses at this time and the property owner would need to offer that
limitation.
Mr. Wolfson discussed limiting offensive lighting and noise such as music that would bother
' residents. Ms. Doerr responded that the code addressed lighting and this project would be
subject to landscaping requirements. Mr. Frohwein stated that he did not want to disallow music
' and felt that, in this particular scenario, the buffer would be the building itself. Mr. Wolfson
stated that he would prefer music on the south side and not on the north side. Mr. Dunlap agreed.
Mr. Wolfson also stated that he would not have a problem with open seating on a patio.
' Mr. Wolfson asked Mr. Dunlap what the hardship was for the variance. Mr. Dunlap stated that he
would have to say that there was no hardship in this case but would like the board to consider the
character and compatibility to the neighborhood. He further stated that they had a compatible
project that was mixed use and that was going to add vitality.
Chair Wolfson moved to deny the request for the variance. Mr. Burkhart seconded the
motion.
AGENDA ITEM#8A
MAY 24,2004
Minutes of August 19, 2003 Regular Meeting of Community Development Board
Page 8
Mr. Wolfson stated that he did not see a hardship and he did not see why the building could not
be reduced by four feet.
Mr. Frohwein referred to a publication given to them by Ms. Doerr, which discussed the
uniqueness to allow buildings to be built closer to streets. He stated that without reading this
publication, he thought it would be difficult to understand what he believed Mr. Dunlap was
proposing. He further stated that in this case he thought this was a unique piece of property in a
unique section of town and that he could vote in favor of allowing the variance.
Mr. Wolfson asked Mr. Frohwein what difference it would make if the building were reduced by
four feet. Mr. Wolfson said it would not change the ambiance of the building, the attractiveness
or the purpose. Mr. Wolfson said that the property could be developed to the architect's desire
and still be in compliance with the setbacks. Mr. Frohwein responded that he was seeing an
attempt to maintain a lot of green space by pressing the building to the north and, therefore, it
would not bother him to have it project to the east.
Mr. Wolfson asked the applicant if the same scenario existed to the west side of the building. Mr.
Dunlap responded that he believed that the west side was 5 feet 11 inches and would remain the
same. He said that by reducing the structure by four feet, they would lose 160 square feet on
each floor, totaling 320 square feet. In addition, he said there was the issue of the architectural
effort which if he felt he could have met the 15-foot setback, he would have done so. He said that
Qthere was a sense of proportion to the building and there was an aesthetic to the building that he
felt worked on an 18-foot bay that lined up with the parking and lined up some characteristics
that he was after. Mr. Dunlap suggested looking around the neighborhood; there are a lot of
buildings built up to the property line, such as Ragtime, Sun Dog and Al's Pizza. He told the
board members that if they wanted to see buildings that met the setbacks to go visit K-Mart.
The vote was called and Mr. Burkhart, Mr. Jenkins and Mr. Wolfson voted for the motion,
Ms. Drysdale and Mr. Frohwein voted against the motion. The motion passed and the
variance request was denied.
A motion was made by Mr. Frohwein and seconded by Mr. Wolfson to recommend
approval to the City Commission of the Use-by-Exception.
Mr. Jenkins stated that he thought the applicant had failed to convince the board that this project
would not cause a parking/congestion problem. He further stated that he did not think that it was
the city's responsibility to prepare a parking study--the applicant was requesting the variance and
it would be his responsibility to demonstrate that this project would not cause further congestion
to what was already a congested area. Mr. Jenkins also expressed concern about drainage.
In response to a question from Mr. Frohwein, Ms. Doerr advised that the code required that
stormwater be handled on site. Mr. Frohwein asked if any exceptions could be made. Ms. Doerr
responded that the Public Works Director had the discretion to waive on-site storage
requirements in some situations, but that would be done during the review process. She further
stated that the Public Works Director would not waive city requirements solely because the St.
John's Water Management District exempted the project. Mr. Frohwein asked if the board could
attach to the motion a recommendation that stormwater be handled on site. Ms. Doerr responded
C
AGENDA ITEM#8A
MAY 24,2004
Minutes of August 19, 2003 Regular Meeting of Community Development Board
Page 9
that the code specifically gave authority to the Public Works Director and she did not believe it
was within the board's authority.
Mr. Dunlap advised that they would not receive a building permit until they handle the
stormwater issue. He stated that they are either exempt, which he thought they were, or they
could handle it with water elements on site, with the neighbor who is the same owner, with
French drains under the parking, or they could use grass-crete to park on.
Mr. Frohwein expressed concern with regard to a possible waiver. Ms. Doerr responded that she
did not want to give the impression that Mr. Kosoy was waiving stormwater requirements. She
stated that the code gave him some discretion as to how to address stormwater requirements for
on-site storage.
Mr. Dunlap added that they would take the necessary steps to ensure that the pocket park did not
become a lake.
Mr. Frohwein moved to modify the motion to include that a shared parking agreement exist
with North Shore and that this be a mandatory requirement. Mr. Wolfson seconded the
amendment.
Mr. Jenkins asked if this could be enforced. Ms. Doerr responded that if the parking was
required to satisfy requirements, the board could require a shared parking agreement. She stated,
however, that she was not sure if it had been determined that this could be done. Mr. Jenkins
stated that he did not feel that the city would be in a position to enforce or monitor this condition.
Mr. Wolfson stated that he believed that a caveat to this effect could be placed on a Use-by-
Exception. He did say, however, that he did not know about enforcement. Mr. Wolfson further
stated that this was a single owner, single landlord, so he thought that the proposal as presented
ties the whole development together. He stated that the City Attorney might have to address this
issue. Ms. Doerr advised that Section 24-161(e)(2) addressed shared parking within 400 feet of
contiguous parcels. She stated that a demonstration of off-peak requirements for different uses
had to be shown. Ms. Doerr explained that the board could make the condition as part of the
recommendation to the City Commission and that the applicant would have several weeks to
determine if they could provide a shared parking agreement.
`i Discussion was held with regard to why this was a Use-by-Exception instead of a variance. Ms.
Doerr advised that the code stated that parking waivers require a Use-by-Exception rather than a
Zoning Variance.
Ms. Doerr requested that it be clarified that the shared parking agreement be between properties
within 400 contiguous feet as set forth in Section 24-161.
Mr. Frohwein amended the motion to include that the on-site parking spaces shall be
designated to serve the first floor retail uses.
Mr. Wolfson said that this was a very dangerous intersection. Ideally, he said that he would like
to see the property developed as a parking lot.
I
AGENDA ITEM#8A
MAY 24,2004
Minutes of August 19, 2003 Regular Meeting of Community Development Board
Page 10
Mr. Dunlap responded that if they built a parking lot, 50 cars could be parked there and Sticky
Fingers could fill it up on the weekends and there is a lovely new parking lot in the
neighborhood. Mr. Dunlap stated that here was a chance to have a lovely new place in the
neighborhood. He asked if the board wanted more asphalt in the community. He said that he did
not think so and he did not think Neptune Beach did either, which was why they agreed to
16,000 square feet. Mr. Dunlap said they felt that there was substantial shared parking on street
and in the neighborhoods to support those businesses.
Discussion was held with regard to the interior parking lots in Neptune Beach. Mr. Dunlap said
that if every building was knocked down in Town Center and made into parking, on the
weekends it would not be enough parking--it would never be enough parking, because the City
of Jacksonville is to the west and everyone has the right to park one block from the beach.
Mr. Wolfson said that he remembered a discussion with Sticky Fingers where they cautioned the
owner about the lack of parking and it was determined that the "supply and demand" would take
care of the problem. Mr. Wolfson said he was not so concerned because this was a daytime use
and a mixed use.
The vote was called on the following motion:
To recommend approval to the City Commission of the Use-by-Exception with the
following conditions:
1. That a shared parking agreement, in accordance with the terms of Section
24-161 (e) (2) exist with the Shoppes of North Shore, or other property
r1-' within 400 feet of the subject site, and that this be a mandatory
it requirement; and
1.21 2. That the on-site parking spaces shall be designated to serve the first floor
retail uses.
Mr. Burkhart, Ms. Drysdale, Mr. Frohwein and Mr. Wolfson voted in favor of the motion,
Mr. Jenkins voted against the motion. The motion to recommend approval passed.
6. Other Business.
a. Discussion and consideration of proposed revisions to Chapter 24.
Ms. Doerr explained that she made the revisions as outlined by Mr. Jacobson. Mr. Jenkins
explained why the board made revisions to the definition of hardship. Further discussion was
held and the board directed staff to schedule another workshop.
' Ms. Drysdale left the meeting at 9:05 p.m.
7. Adjournment
There being no further business, the meeting adjourned at 9:40 p.m.
1
AGENDA ITEM #8A
ire
MAY 24,2004
s; I.JAjj!"
S)
44:40^ ;31.9
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 • FAX (904) 247-5805 •http://www.coab.us
ADJACENT PROPERTY OWNER NOTIFICATION
TO: Property owners adjacent to or within near proximity of the lands described within this notice.
FROM: City of Atlantic Beach Community Development Department
SUBJECT: Rescheduled public hearing date to consider a request for a Use-by-Exception and a request
for a waiver to increase the maximum height permitted within the Central Business District. (File Number
UBE 2003-03-01)
NOTICE is hereby given of a rescheduled public hearing to be held by the City Commission of the City of
Atlantic Beach, Florida to consider an application described as follows. The meeting will take place on
Monday, May 24, 2004, beginning as at 7:15 pm, and will be held in the Commission Chambers at the
Atlantic Beach City Hall, 800 Seminole Road,Atlantic Beach, Florida. Interested parties may attend the
meeting indicated in this notice and state your opinions.
Application: Request for a Use-by-Exception per Section 24-161 (i) to reduce the
required number of parking spaces from 22 to 17, and to reduce the width of spaces
from ten to nine feet related to the proposed development of a new two-story
commercial building containing professional office use and also a height waiver per
rno Section 24-156 to allow a proposed building height of 32-feet, exceeding the 25-foot
height limit within the Central Business District.
Property Legal Description: Lots, 1, 3 and 5 of Block 1, Atlantic Beach Subdivision
1I Physical Location: Southwest corner of Ahern Street and East Coast Drive. (See attached location map.)
Please be advised, you may attend the meetings indicated in this notice and stateour opinions, or if you
Y P
wish, you may reply by mail to: City of Atlantic Beach Community Development Department, 800
Seminole Road, Atlantic Beach, Florida 32233. This matter is subject to court imposed quasi-judicial.
procedures. Communication between interested persons and members of the Community Development
Board or the City Commission should be limited to those in public hearings or through written
communication. If you have any questions about this request, please call (904) 247-5826.
Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with
the Americans with Disabilities Act, persons needing special accommodation to participate in this
proceeding should contact the City of Atlantic Beach(904)247-5800, 800 Seminole Road,Atlantic Beach,
Si
Florida 32233 not later than 5 days prior to the date of this meeting.
mailed May 13,2004
LMap Output AGENDA ITEM#SA
MAY 24,2004
L., JAXGIS Property Information
\ 11
1 II
\ ,
L 350 3...H, '330 3� I 75I \ 278 j
I —
II II ____11-7--w--1-93- 111
II
ti ti
347 II
�
333 I
181 \ 3'29 I
\I
I I ___413________mri � 283 I� 259
35!1 I I — —I �I
I
------
• I I —rl�
l� 169728 0000 I I
1 I,
II I .
363 IC
, �–
II 303 III
3831 II Iy 299
C ....,, I _ } til
MAO
hNT-Sakfffie-it Y i 14110EL12L—IL
100
Il 327
Cowr�p hi 4C)2002 C ity 64 Jacieonvilk,FI 1 40.03 Di
24 t 233
RE Name Address Total Plat v Acres Legal DesciiptlonsUse Zoning T
42 05-069 21 2S29E ameNot in rind 6
169728 088(10 U R PROPERTIES INCEAST COAST DR4046000.36 0001 562 1 ATLANTIC BEACH Flood
32233
LOTS 1,3,5 MX 1 tone
Duval County Property Appraiser's location map
L
L
L
ahttp://maps2.coj.net/WEBSTTE/DuvalMAps/toolbar.asp 5/12/2004
AGENDA ITEM#8A
MAY 24,2004
----------------------------------------------- ---------------------------
412 a 4 g
.„
.,.. ...
L-_ w
3z il
A4-ER'I STREET 40' Rill 10' V6 1 z'- -t'
I I
1 1
C --T 1-- P'111----1---------T-------1----------T-"-----r---T---T-----1-----T----T--- ,- 411
I-1C
IIII IP" Imo
MI 1 14 PARKING &FACES' %low,
ill i6 Pa
b--"Ni TuRFef_ocK rtAvING i illi 1 1
••• 1 .' #
IV,
,0 I, i
i I la him
' . .
•.......17- , .,,, viir , ir . lir."4„--,iv • • 1p •-• • ip / m • • •mioo,• latappir
4 STAIR
.. STAIR .. 4
. . . -.
112,11#4% A.Ak M:Ah.
d I . ... ., ..... ,. . . ..... A. - VI z....
,,,..
-14111F
no i .100
, v
I _J
PROFESSIONAL OFFICES ,411 GE24 FIRST FLOOR! T
I -Ltd fi
Q PRfFESSIONAL oFF9
OR 4455 Gr SECOND FOR -13 CI r i
9 / !
1 z
0 in I
111111.111M1.1111111•11111WIlilliNIMI=ME1111111= ,,,
In
irlIUMIIIMIME1711101111111 4,litt1/4, 4
. ........,..—.....,....../
xmle . A --I ILI
4.
- 4
1 --I
I— .<
/11 ;
)
/ 1 ' r://#4v GARD- i 'AREA -1 3 PAR14NG SPACE
. 0_ no) TURFE3LbC:KI PAVING' 0 .9"
z • ,111‘ /".."4/ ../ _ _i .Ar•Pie 4, ,
. _
ie.
-"t AREA CALCULATIONS
CONCEPT SITE PLAN FIRST FLOOR 4411 GBP
. ,N SECOND FLOOR 4455 Ga.
4‘ SCALE VS" • 1.-0" TOTAL AREA(4EATED/COoLED) SS12 GSF
DATE
05-04-04
22 PARKING SPACES RECURS:,
SWEET ,
11 !PARKING SPACES PROVIDED
60%LOT COvERAGE
IAGENDA ITEM#8B
MAY 24,2004
CITY OF ATLANTIC BEACH
I CITY COMMISSION STAFF REPORT
AGENDA ITEM: Preliminary Plat for Cornell Two
ISUBMITTED BY: Sonya Doerr, AICP, Community Development ment Director
IDATE: May 17, 2004
BACKGROUND: Beaches Habitat has submitted a Preliminary Plat for a new development to be known
Ias Cornell Two, located east of Mayport Road off of existing Cornell Lane. The proposed project contains 1.82
acres and will consist of approximately 16 dwelling units within eight two-unit buildings. The site is currently
zoned RG-2 (multi-family) and is located within the Residential, High Density future land use category, which
I permits up to 20 dwelling units per acre. In other words, the property currently has the proper zoning and
Comprehensive Plan designation for the proposed project, but a plat must be recorded in order to dedicate the
new section of Cornell Lane,which is now an unimproved dirt roadway, as a public street.
IThe Community Development Board considered the application at the April meeting, and requested that Habitat
defer the request until their May meeting to consider several changes such as moving retention ponds and
Ideveloping the project as a condominium, which would not require division of the property into individual lots.
Beaches Habitat has revised the project so that a Subdivision Waiver is no longer requested, and a
condominium form of ownership is proposed. Final location of retention ponds will be a function of stormwater
engineering, and easements for these facilities will be included on the Final Plat, which also requires approval
I by the City Commission. (All stormwater facilities will be privately maintained.) The revised application was
considered by the CD Board on May 18th, and the Board by unanimous vote recommended approval of the
Preliminary Plat, as amended.
I
The proposed project qualifies as an Urban Infill Development under the Florida HousingFinance
Corporation's (FHFC) HomeownershipLoan Program. The delay
in receiving Preliminary Plat approval has
I created a very tight time-frame for meeting the program's application deadline. Technical adjustments to the
final project design can be made before the Final Plat is approved and prior to approval of any Construction
Plans, but approval of the Preliminary Plat is a threshold requirement in order for the homeownership assistance
Iapplication to be considered by the FHFC.
Staff finds the request consistent with the Land Development Regulations and also supportive of the Housing
IElement of the of the Transmittal Draft of the Comprehensive Plan, specifically Policy F.1.1.5, which states:
The City shall continue to provide assistance and incentives where possible to encourage new affordable
housing and preservation of existing housing stock through the CDBG funded housing rehabilitation program
and through assistance to organizations such as Beaches Habitat and Builders Care.
t
BUDGET: No budget issues.
I
RECOMMENDATION: Approve Preliminary Plat for Cornell Two subdivision finding proposed the ro osed P lat
consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan.
IATTACHMENTS: Proposed Preliminary Plat for Cornell Two subdivision and draft minutes of the April
20, 2004 Community Develop ent Board meeting.
IREVIEWED BY CITY MA
IMay 24,2004 regular meeting
I
AGENDA ITEM#8B
MAY 24,2004
I
Draft Minutes of the May 18, 2004 Community Development Board meeting page 1
I MINUTES
OF THE REGULAR MEETING OF THE
I COMMUNITY DEVELOPMENT BOARD
FOR THE CITY OF ATLANTIC BEACH
I Tuesday, May 18, 2004 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
IA regular meeting of the Community Development Board was held on Tuesday, May 18, 2004, in the
City Hall Commission Chambers. Present were Chair Robert Frohwein, Craig Burkhart, Lynn
I Drysdale, Carolyn Woods, Community Development Director Sonya Doerr and City Attorney Alan
Jensen. Absent Were Steve Jenkins and Sam Jacobson.
I1. Call to order and pledge of allegiance.
The meeting was called to order at 7:05 p.m.
2. Approval of Minutes of the meeting of April 20, 2004.
A motion was made by Mr. Burkhart, seconded by Ms. Woods, and unanimously carried to
Iapprove the Minutes of the April 20, 2004 regular meeting.
3. Recognition of Visitors. No visitors addressed the Board.
I
4. Old Business.
Ia. PLAT-2004-01, Beaches Habitat for Humanity. Review of a proposed Preliminary
Plat for the Cornell Two subdivision located off of Cornell Lane, east of Mayport
Road. (Continued from the April 20, 2004 meeting.)
IRalph Marcello, Executive Director of Beaches Habitat addressed the Board, and
indicated that Construction Director, Paul Finley, was also present to answer any
Iquestions. Mr. Marcello stated that in response to comments by the Community
Development Board at last month's meeting, and after discussing these comments with
the Board of Directors for Beaches Habitat, the project had been revised so that no
Isubdivision waiver is needed. Mr. Marcello further stated that they had discussed the
project with an attorney specializing in condominium law and the types of documents
required for that type of ownership and maintenance, and that the Cornell Two project
I will be developed as a condominium. He stated that they intend to form a land
condominium, where each owner also owns some land—or yard—around their home.
IMs. Woods asked if the project would still be a similar type of project as had been
discussed at last month's meeting. Mr. Marcello responded, yes; the project will still be
I one or two-story duplexes with probably only 16, but a maximum to 20 dwelling units,
similar to their projects on Forsyth Court and at Francis Cove III. He stated that his
Board (the Beaches Habitat Board) did not support large multi-unit buildings for the type
Ilof work they do.
IAGENDA ITEM #8B
MAY 24,2004
I
Draft Minutes of the May 18, 2004 Community Development Board meeting page 2
IMs. Woods asked Ms. Doerr if this type of project met the City's regulations. Ms. Doerr
responded that it did; the property is currently zoned for multi-family (RG-2), which also
allows duplexes, and the Comprehensive Plan land use designation is High Density,
Iwhich could allow up to 20 dwelling unit per acres, and that the project also supports the
Comprehensive Plan's affordable housing policies.
IMr. Frohwein inquired as to roadway standards and asked if the road width met the
City's requirements. Ms. Doerr responded that yes, it did, and as the project was
I
constructed, it would be require a stormwater permit from the SJRWMD and would be
required to meet all City development standards including drainage standards,
impervious area setbacks, etc.
IMs. Walker asked for confirmation that there were no Variances that were part of this
request. Ms. Doerr responded that that was correct, the only action now being requested
I was approval of Preliminary Plat, which essentially establishes the roadway, and that
drainage and utility easements will be required on the Final Plat, which must be approved
by the City Commission.
IAfter further discussion, a motion was made by Mr. Burkhart and seconded by Ms.
Woods to recommend approval to the City Commission of the Preliminary Plat For
Cornell Two. The Board requested that, as drainage engineering plans were designed,
I
Beaches Habitat consider the possibility of placing the retention pond near the entrance
of the project as that could make an attractive entry feature. Mr. Marcello affirmed that
Ithis would be given consideration.
A vote on the motion was called, and the motion to approve carried unanimously.
I
I
I
I
I
I
I
I2
AGENDA ITEM#8B
MAY 24,2004
CITY OF ATLANTIC BEACH
! '� BUILDING AND PLANNING
Ssl 800 SEMI�i TOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
sI TELEPHONE: (904)247-5800
J �� FAX:(904)247-5845
' http://ci.atlantic-beach.fl.us
•MEMORANDUM
TO: Community Development Board
FROM: Sonya Doerr, AICP FIL
ECØp
Community Development Director
DATE: May 10, 2004
SUBJECT: Cornell Two subdivision - revised preliminary plat
Attached is a revised preliminary plat for the proposed Cornell Two project. As you will recall,
this application, which was submitted by Beached Habitat, was deferred from the previous
month's meeting.
The revised plan anticipates a condominium project with no divisions into lots. The roadway
would be a dedicated public street, and private drainage easements would be recorded on the
final plat subject to stormwater engineering in accordance with City regulations and St. Johns
River Water Management District permitting requirements. The property is zoned RG-2 (multi-
family) and is located within the Residential, High Density Comprehensive Plan land use
category.
I
IAGENDA ITEM#3B
MAY 24,2004
\. /!F
Ei '' ' N
-I
''' '''''..;;It:'.-11,T.„.
\ ^IMd -� { 7
/ I 1 s
, „
I ., \\\,---c
l \
1
i�- ' I `, 1 \V s
I t
I
I <«;
1 I
I
I I 1 I
u)
H I I 1
I �
1
w
1 ,il I C Z
I , 1 f- °• O
IE.
os
1 , Iiiili
I 1 i .
I I
I Q 0
1 I , ti
1Z
ISR g
I
\:.f.)
I 1
I / I
I
' � a I
iii;11aiy1!; y� I I
As 1
411"vbbk 8 I rs
F7 0104041W/4
Lr >Sba6bs $ g �� `".` I U= i '
U gl-ggh 5 s5gata \. I v 0 syr
w ��ir ; R6�1 ,�V \ 1 COIL m?S
§gibab 11„140v3
p \,,
` Ii�
—j Iiiggi21421Pii
Tieb
PiE
8ps
i.n = " $ ; Il
b gk - m s
lw ' Z5 I
10 b31
16 5 IA i
4
AGENDA ITEM#8C
MAY 24,2004
VIA FACSIMILE
May 17,2004
Jim Hansen
' City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 322333-5445
Dear Jim,
' I would like to thank you for taking the time to meet with the Christopher Kathe the design engineer
and myself last Friday in an attempt to resolve the walkover issue at 1867 Beach Avenue. I had hoped
that after pointing out the error and inconsistencies contained in City Code 6-24 we could proceed
with a correcting the code quickly resolve this issue. However since modifying the code requires
approval of the city council I suggest we precede with that process immediately.
At your request I am writing this letter to enumerate the errors in city code 6-24 so that I may address
' the powers that be and have these errors corrected.The errors are as follows:
1) The intent of the city as explained to me by the building official was that the bottom of the
stringers for the walkover be placed at 25 inches and that this dimension is maintained as closely as
possible.This dimension is called out on the city drawing as 25 inches minimum.There is no
maximum dimension stated.When this occurs on a drawing there is no maximum other than the
maximum building height of 35 feet.. It is impossible for a professional constructing these
structures to ascertain that the intent of the City of Atlantic Beach is to keep these structures close
to the 25 inch minimum.I have been told that several of these structures were built far above that
height and requested to be demolished and reconstructed undoubtedly causing damage to the dune
system.This is a blatant error which needs to be amended. If the intent is 25 inches the word
minimum should most definitely be omitted.
2) The code stated that the height of the walkover shall not vary by more that ten percent in height to
allow for changes in topography.This is an impossible standard to construct.For this dimension to
be held the walkovers would be a series of steps.This is due to the radical changes in topography
associated with dunes.This is not only extremely damaging to the dune system but is in direct
conflict with state building code 1007.5.1 "Stairways shall be equipped with handrails located not
less than 34 inches nor more than 38 inches above the leading edge of a tread."It has been argued
by some that walkover steps do not classify as stairways. I contend that if an elderly person or
child is walking down 5 or 6 steps in a strong northeast wind that there is a great risk of injury
attempting this without a handrail.
3) The next error is associated with safety.The Florida Building code specifically states in section
1015.I that"All unenclosed floor and roof openings,open and glazed sides of landings,stairs,
balconies and porches which are more than 30 inches above finished ground level or a floor below
shall be protected by a guardrail.Although some believe this is not required because the surface
below is sand,I strongly disagree.Since the bottom of the stringer is 25 inches minimum and the
ie stringer and deck board are almost 10 inches the walkovers are easily 3 feet above ground in some
areas.I believe strongly that handicapped children like the one that resides at this home and the
elderly are at significant risk 1 further believe that the City of Atlantic Beach could face serious
litigation for instituting design standard in conflict with state building codes.
L
rAGENDA ITEM #8C
MAY 24,2004
4) The most disturbing error in this particular case is the inability to build a handicap accessible ramp
' to meet city standards 6-24.The standard does not allow for changes in height of more than 10%
over the dune.Assuming that the minimum callout was omitted there remains a huge problem.
Given the fluctuations in topography of virtually every dune in the city,it is impossible to build a
handicap ramp would have to follow the topography of the dune system.A handicap ramp must
have no more than a linch rise in 12 feet.By instituting this system the City of Atlantic Beach has
made it impossible for a handicap person to build a ramp to access the beach.Clearly this was not
the intent of the city's ordinance.It just so happens that a handicap child inhabits the house where
the ramp in question is being constructed. I believe anyone with any disability should be able to
' access the beach.This standard precludes almost any disable person from constructing a walkover.
A visually impaired individual would have no handrail and would fall some 35 inches to the
ground.An elderly person I believe is at considerable risk without the aid of handrails.An a person
in a wheel chair would have to negotiate slopes four to five time the allowable standard.
in conclusion,I apologize this letter was not better written.I was told late Friday afternoon I had to submit
the letter on Monday and was out of town over the weekend.Hopefully enough information is contained to
' alert the council that a change needs to be made to correct this code.The mother of the handicap child is
adamant that her child should be able to enjoy a safe walkover.I agree with her wholeheartedly. I also
believe the code in its current state is unsafe and denies accessibility to many individuals. I have been a
design engineer all of my life.I have work on the most sophisticated drawings on the face of the earth. I will
gladly donate my time to help generate a better code.I will gladly debate the effectiveness of this code with
any design professional anytime.I assume a licensed Architect developed this drawing.I believe he should
• be challenged as to the conformance with dimensioning and toleraning per the American National
Standards for drawings and related documentation practices.
Best R-'ards,
ik 'illcspi
PS My cell phone number is 813-8334 and I have it with me at all times
I
I
AGENDA ITEM#8C
MAY 24,2004
To: Jim Hanson, City Manager
From: Don C. Ford, CBO
Date: May 17, 2004
' The dune crossover Ordinance 6-24(b) was passed by unanimous approval on 9/23/96.
The purpose of the ordinance was to create a low profile residential walkover structure
' without handrails. This structure would allow homeowners to access the beach without
creating a structure protruding from the dune. The approved crossover was reviewed
and approved by the Florida Department of Environmental Protection. The DEP has
' issued six permits to construct the approved designs.
On May 11th we went to 1897 Beach Avenue to answer a complaint of a walkover being
111
built "very high" above the dunes. Our inspector revealed a structure being built which
was over 7 feet above the dune in one area. The entire structure averaged more than
4 feet above the dune with handrails another 36"+ above the deck. We placed a stop
work order on the project and met with the contractor to review his approved plans.
The permitted plans were "red lined" to show needed changes in the project. The
contractor was given a copy of Section 6-24 with the approved drawing.
Our reply to the contractor letter of May 17 follows by item number.
1. Minimum dimension on the example drawing is the minimum required by the
DEP to be maintained above the dune. The maximum is controlled by the
section of the ordinance that states "height shall not vary more than 10
percent". The statement about structures being demolished is not accurate.
We have six crossovers constructed since this ordinance was adopted with
'
2. no complaints.
Steps have been installed in areas where the topography has extreme
changes. Handrails are allowed at very high steps. Reference to Chapter
' 1007.5.1 is taken out of context. This chapter is for "Type I and II buildings,
Groups A-1 and Group I buildings, and all other buildings three stories or
more in height or occupied by more than 40 persons above or below the level
of discharge".
3. References to Chapter 1015.1 are taken out of context as this section refers
to buildings and stairs, ramps, balconies etc., that are a part of the building.
' 4. The approved drawings do not refer to the structure as being a handicap
ramp. As such no stairs are allowed.
IAGENDA ITEM#8C
MAY 24,2004
I
I
BUILDINGS AND BUILDING REGULATIONS § 6-30
Itions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to
prevent infiltration of surface water expected under design storm conditions or shall otherwise
be designed to function when submerged under such storm conditions.
(b) All residential dune crossover structures shall be constructed in accordance with the
beach dune walkover design as displayed in the plan attached to Ordinance No. 25-96-29, and
a copy of which will be kept in the city clerk's office and the office of the building official.
I Walkovers will have strict adherence to this design and shall not vary more than ten (10)
percent in height to allow for changes in topography of the dune system.
IBEACH DUNE WALKOVER
sups AS MONIED
ISUPPORT 4x4 SUPPORT
I i IIgI
iit .. .r,. - .---1 11111111
�' -I .�=41om1I1Tr'2
:=.al.
It
111TYPICAL PLAN 60C�'QNO
SCALE: 1 /4' - 1 - 0'
TO OCEAN Sk6
DECK
NTT QPPED
I
17(TREADS ,:
77112 STRINGS �� �•�
W 20D RAMP
I ?' Ø' '
0
it
744x4I
I - PROil. 1 POS suPPORT
POST NOTES:
-\--
l P�RE53UWMSER IK TREATED
r_cr Tn, a ►o CAPPED GALVANIZED
TYPICAL. SECTION °RgrA' 9
sm: at
I
SCALE, 1 /4' w I • -. 0' 4E4 WIL SUPPORT POSTS
REACH STORY PROD E 2X10 W. SUPPORT BEMIS
21112 MAY. STIR STRINGERS
10•-0" t►W01AA1 CCPECTED RECESSION) 2 1 A MAX mama
WIAWM - NOT! PLACE STEPS ON BEACH SIDE
T1TOM VECLTAnoN AEMAXIMUMSTORM, R�FSSION SUPPORT p06Y SNAIL NOT
I
8E ENCASED IN CONCRETE.
WRING
I •
I
I (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96)
Secs. 6-25-6-30. Reserved.
•
I
Supp. No. 29 410.1
AGENDA ITEM#8D
MAY 24,2004
' CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Atlantic Beach City Ordinance, Chapter 12 Nuisances
SUBMITTED BY: Alexander J. Sherrer, Code Enforcement Officer
DATE: May 17, 2004
BACKGROUND: Atlantic Beach City Code, Chapter 12: Nuisances had its, last major review
and revision in August of 1982. Chapter 12 has been reviewed and re-written
' to eliminate previous confusion, to be more inclusive and easier to enforce.
The recommended re-write of Chapter 12 has been satisfactorily reviewed by
the City Attorney, and various City Department Heads for it's completeness
and validity, and is recommended to be forwarded as presented for it's first
reading.
' Furthermore it is the recommendation of the City's Code Enforcement
Officer that Chapter 2, Division 3,Nuisance Control Board, Sec 2-161
through and including Sec 2-169 be deleted from the City Code as there is no
' Nuisance Control Board, has not been one for numerous years and that any
nuisances that exist are already enforced through the Code Enforcement
Office.
BUDGET: N/A
' RECOMMENDATION: City Ordinance, Chapter 12; re-write be approved and Chapter 2,
Division 3, Nuisance Control Board, Sec 2 2-161 through and
including Sec 2-169 be deleted from the City Code.
' ATTACHMENTS: City Ordinance, Chapter 12; Nuisances and Chapter 2, Division 3,
Nuisance Control Board, Section 24-161 through Sec 2-169
REVIEWED BY CITY MANAGE .
AGENDA ITEM#8D
MAY 24,2004
L
Chapter 12 NUISANCES*
I
*Cross reference(s)- Nuisance control board, § 2 161 et seq.; Nuisance animals, § 4-6 4-
7; noise, Ch. 11; vegetation height of growth. § 23-26 abandoned, • - :, :, ' . : . .
eta vehicles, § 21 21 24-17.
' State law reference(s)--Abatement of nuisances by injunction, F.S. § 60.05; nuisances
injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823.
Sec. 12-1. Enumeration.
' (a) It shall be unlawful for any person r business, to do, perform,
have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a
dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and
well-being of the community.
(b) It is hereby declared to be a nuisance, the enumerations of which are merely
' indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to
be exclusive:
' (1) For any person to cause or allow any animal carcass or any filth or substance to be
collected, deposited, or to remain in any place to the detriment of public health.
' (2) For any person to throw, deposit or discharge into or suffer to be collected,
deposited or remain on or in any street, alley or other public or private property,
' �house or building,premises, sewer, or gutter, any filth, garbage,
, , or any rubbish of any kind;
' (3) For any person to allow, suffer or permit any lot or premises, common or place of
any kind whatsoever to become neglected so as to become a detriment to public
health by the depositing of filth or rubbish of any
(4) To allow, suffer or permit any stagnant water to accumulate or and upon the
Ierected,-either above or below the ground, without exercising necessary
precautions to prevent the propagation of mosquitoes therein;
' (5) For any person to keep, herd, and feed any animals, sne as hogs,horses,
- • - - • • - - .. : - : : - in any manner which may be injurious to the
health and well-being of any person due to noxious odors, noise, etc.
1 AGENDA ITEM#8D
MAY 24,2004
' (6) Not post. secure, or safeguard any hazardous condition attraction, which may prove
detrimental to any human being, whether in a building, on the premises of a building,
' or upon an unoccupied lot. This includes any abandoned wells, shafts, basements,
excavations, construction, . . - , . . - , or
any structurally unsound fences or structures. , or any lumber, debris or vegetation,
(7) For any person, either as the owner or occupant of a building, structure, or property to
' utilize the premises of the property for the open storage of any abandoned or
inoperable motor vehicles, icebox, refrigerator, stove appliances, household furniture,
glass, building material, building rubbish debris, or similar items.
(8) To allow, suffer or permit any building or structure which, by act of God, fire, decay
or other cause which may become structurally dangerous, unsafe, dilapidated,
' unsanitary, or vermin infested to create a hazard to the health or safety of the
occupants or the public.
' (9) For any per-sea business owning shopping carts to allow such carts to be removed
from it's tis-premises unless sueh-pes-a written policy is in place for
the effective retrieval of such carts. The written policy must include provisions for
' retrieval of shopping carts from public rights-of-way, apartment complexes,
undeveloped lots, or other areas within the city, and for retrieval of shopping carts
when brought to the attention of the owner by way of complaints from the public or
' the city.
(10) For any person to allow excessive amounts of dirt, debris or any other substance
' to collect in any gutter, or catch basin, or to accumulate on any road surface, causing
the surface to become obstructed, uneven or defaced.
' (11) For any person or business to allow vegetation other than cultivated plants,
shrubs, or trees to exceed a height of more then 12 inches on any developed lot, or
' within 20 feet of any occupied residential property, business property, or City Right
of Way.
(e)
' (12) For any person to discharge water from a water-source heat pump onto a public
street or storm drainage system unless such discharge is approved by the city.
111 (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90)
Sec. 12-2. Notices, hearings, abatement of conditions.
(a) Whenever it is e-te-appeare determined by the city manager or his designee after
investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened
I or exist within the city, the city manager or his designee may by order in writing, direct any
nuisance affecting the sanitary condition of the city or the public health of the city to be abated.
AGENDA ITEM#8D
MAY 24,2004
' The order shall be served upon the owner oroccupant or person having the care or custody of the
particular property. •- :, .
• : - .• , - . - - • - . . In-abase Where formal notification can not be
' served upon the owner, occupant or custodian ; .- : - : : :- -. '- ..= - - ; -.
- ,or public safety precludes
the use of certified mail, the order shall be posted in a conspicuous place upon the premises. The
"9 .. - - . .. .. •-- .. .. -_
. . : . *1o, . • . . . . .
. - -
i . • -..- ' .._
City of A tt t n h
City Manager"
' (b) ' -.- = -- • •. . : _ ,._ .. • :, - - • - : :: '• : - : ••- : -:.. Upon
written notification, or the posting of the property, and within the time allotted for correction,the
owner and/or occupant of the property may make written request to the city commission for a
' hearing before that body to show that the condition does not constitute a public nuisance. At the
hearing,the city and the property owner and/or occupant may introduce such evidence as
deemed necessary.
1 (c) If within the time allotted, - -- - . . . . . - - . . .. - _ ,
• - -, - - -• . : • •. . - _ . :, ..•: the condition described in the notice has not been
' remedied, the city manager or designee shall cause the condition to be remedied by the city at the
expense of the property owner and/or occupant. If a hearing has been held and has concluded
adversely to the property owner and/or occupant, the city manager or designee may cause the
' condition to be remedied by the city at the expense of the property owner and/or occupant unless
the city commission otherwise directs.
(d) After causing the condition to be remedied, the city manager or designee shall certify
to the director of finance the expense incurred in remedying the condition, whereupon the
expense plus a charge equal to one hundred(100) percent of the expense to cover city
AGENDA ITEM#8D
MAY 24,2004
administrative expenses, plus advertising t, shall become payable within thirty(30) days, after
' which a special assessment lien and charge will be made upon the property which shall be
payable with interest at the rate of ten (10) percent per annum from the date of the certification
' until paid.
The lien shall be enforceable in the same manner as a tax lien in favor of the city and may
' be satisfied at any time by payment thereof including accrued interest. Notice of the lien may be
filed in the office of the city clerk.
(Ord. No. 55-82-20, § 2, 3-22-82)
(Ord. No. 55 82 20, § 3, 3 22 82)
1
1
1
1
II
AGENDA ITEM#8D
MAY 24,2004
' DIVISION 3. NUISANCE CONTROL BOARD*
' *Editor's note: Ord. No. 95-89-40, §§ 1--9, adopted June 12, 1989, did not specifically amend
the Code; therefore, inclusion as §§ 2-161--2-169 was at the discretion of the editor.
Cross references: Nuisances, Ch. 12. •
' Sec. 2-161. Created.
•
Pursuant to Florida Statutes Section 893.138, an administrative board to be known as
the "Public Nuisance Control Board" is hereby created. The word "board" when used in this
ordinance shall be construed to mean the said "Public Nuisance Control Board."
(Ord. No. 95-89-40, § 1, 6-12-89)
1
Sec. 2-162. Membership; removal.
' (a) The board shall consist of three (3) members who shall be appointed by the city
commission. The terms of office of the members shall be for four (4) years, except that
two (2) of the members first appointed shall be designated to serve terms of two (2) and
three (3) years respectively from the date of appointment, and one shall be designated
to serve for a term of four (4) years from the date of appointment. Vacancies occurring
during a term shall be filled by the city commission for the unexpired term.
' (b) The city commission may remove a board member at any time for inefficiency or neglect
of duty or misconduct in office.
(c) Prior to any final action on the removal of a board member, however, the city
' commission shall have a hearing on the proposed removal and shall furnish the board
member with a copy of the charges at least ten (10) days before such hearing. The
board member shall have the right to be heard in person or by counsel at such hearing.
(Ord. No. 95-89-40, § 2, 6-12-89)
' Sec. 2-163. Designation of chairman and vice chairman.
The city commission shall designate the chairman and vice chairman from among the
' board members.
(Ord. No. 95-89-40, § 3, 6-12-89)
' Sec. 2-164. Certificate of appointment or reappointment.
A certificate of the appointment or reappointment of a board member shall be filed with
' the city clerk and such certificate shall be conclusive evidence of the due and proper
appointment of such board member. Each board member shall hold office until his successor
has been appointed and qualified.
(Ord. No. 95-89-40, § 4, 6-12-89)
II
I
AGENDA ITEM#8D
MAY 24,2004
I
ISecs. 2-165, 2-166. Reserved.
Editor's note: Sections 2-165 and 2-166 concerning the initial board members, their terms,
I and officers, which derived from § 5 and § 6 of Ord. No. 95-89-40, have not been set out herein
since the aforesaid provisions were specific and temporary.
I
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described herein. Any
place or premises which have been used on more than two (2) occasions as the site of
Ithe unlawful sale or delivery of controlled substances may be declared to be a public
nuisance.
I (b) Any employee, officer or resident of the city may bring a complaint before the board
after giving not less than three (3) days' written notice of such complaint to the owner of
the place or premises at his last known address.
I (c) The board shall conduct a hearing during which the owner of the premises shall have an
opportunity to present evidence in his defense. After considering any evidence, including
evidence of the general reputation of the place or premises, the board may declare the
Iplace or premises to be a public nuisance as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an order
immediately prohibiting:
1 (1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
1 (3) The conduct, operation or maintenance of any business or activity on the
premises which is conducive to such nuisance. Any such order entered shall
expire after one year or at such earlier time as stated in the order.
I
(Ord. No. 95-89-40, § 7, 6-12-89)
ISec. 2-168. Permanent injunctions.
The board may bring a complaint under Florida Statutes Section 60.05 seeking a
permanent injunction against any nuisance described herein.
I (Ord. No. 95-89-40, § 8, 6-12-89)
ISec. 2-169. Restrictions.
This division does not restrict the right of any person to proceed under Florida Statutes
I Section 60.05 against any public nuisance.
(Ord. No. 95-89-40, § 9, 6-12-89)
I
Secs. 2-170--2-225. Reserved.
' AGENDA ITEM#8E
MAY 24,2004
I
CITY OF ATLANTIC BEACH
1 CITY COMMISSION STAFF REPORT
AGENDA ITEM: Draft Ordinance for Lakefront, Canal front lots, Stream front
lots, Boathouses and Docks
SUBMITTED BY: Don Ford, CBO
' DATE: May 17, 2004
BACKGROUND: Attached is a draft Ordinance pertaining to Docks and
' Boathouses along the waterways in Atlantic Beach. This draft
is the result of docks constructed without permits and the lack
of regulations pertaining to safe construction of them.
BUDGET: No budget issues.
ATTACHMENTS: Draft ordinance.
RECOMMENDATION: N/A.
REVIEWED BY CITY
MANAGER:
111 I ,
' AGENDA ITEM#8E
MAY 24,2004
DRAFT ORDINANCE ON LAKEFRONT LOTS, CANAL FRONT LOTS, STREAM
FRONT LOTS, BOATHOUSES AND DOCKS
1. Purpose and intent. It is the intent of this section ection to insure that on canalfront
lots, lakefront lots and streamfront lots no boating hazards will be created, water
ipollution from storm water runoff and other sources will be minimized, views of water
from adjoining properties will not be unduly impaired, and the appearance of the
shore when viewed from the water will be kept as natural as reasonably possible.
Atlantic Beach's lakes, canals and streams are among the City's greatest assets,
and it is in the public interest to require that their aesthetic appeal and water quality
' be maintained and enhanced when possible.
2. Site Plan. A building permit shall not be issued for any new structure, addition
' to any existing structure, fence or wall or significant change of an existing property
on a canal front, lakefront or stream front lot until a satisfactory site plan therefore is
reviewed and approved. The requirements of this section are minimum
• I requirements, and the planning and zoning commission may impose more restrictive
requirements and conditions on the height, bulk, location and any other aspect of the
proposed development where necessary in order to accomplish the purpose and
' intent of the section.
3. Docks and Boathouses. The following minimum or maximum standards shall
' apply to all construction or renovation of docks and boathouses:
a. Before a building permit is issued, the plans for docks and boathouses shall
be approved by the building and planning departments.
b. The total area of docks and boathouses built at the waters edge over land
and water shall not exceed six hundred (600) square feet.
' c. All new docks and boathouses shall be constructed ten (10) feet from a side
lot line. This side setback can be reduced to five (5) feet if written approval is
presented from the adjacent property owners.
d. The highest point of a boathouse or gazebo roof or any railing shall not
exceed nine (9) feet, and the roofs must be pitched so as to eliminate flat
roofs and use of such areas as sundecks. The height shall be measured from
the surface of the dock or floor to the highest point of the roof or railing. In
' addition, the surface of any dock, sundeck, or floor of any boathouse, gazebo,
etc. shall not be more than two (2) feet above the elevations specified in
Section (4)(e).
AGENDA ITEM#8E
MAY 24,2004
e. In order that all docks or boathouses be utilized only for boating or other
' recreational activities and not as living space, there shall be no bathrooms or
cooking facilities permitted in them, nor as an improvement to the existing
boathouse. There also shall not be any enclosed rooms over water except for
storage rooms limited in size to a maximum of 80 square feet.
' 4. Other structures on lakefront, canalfront or streamfront lots. The following
standards shall apply to all construction on lakefront, canalfront, marshfront, or
streamfront lots:
a. Lakefront, canalfront and streamfront lots shall be developed to maximize
the amount of natural rainfall which is percolated into the soil and to to
minimize direct overland runoff into the water. With the exception of
boathouses, docks or other over-water construction, stormwater runoff
' from structures and other impervious surfaces shall be directed into
swales on-site retention and percolation of the first on inch of runoff.
Properties being developed or redeveloped shall eliminate any direct
piped discharges of stormwater into the water, so that this runoff is
directed to the on-site retention and percolation areas. The building and
planning department may require, as conditions nessitate, the submission
' of soil and water table information, topographic detail, drainage
calculations and professionally designed plans so as to insure these
requirements are met. All stormwater retention compliance shall prioritize
' the preservation of existing trees and the impacts of fill or excavation on
tree root systems shall be minimized.
' b. No lakefront, marshfront, canalfront or streamfront lot owner shall grade
the lot in such a way as to interfere with the natural drainage of adjoining
lots or in a way that diverts drainage from their lot onto adjoining lots. The
building and planning department may require, as conditions necessitate,
the construction of physical features, grading, swaling and piping of roof
gutters so as to insure that runoff on a lot does not negatively impact
adjoining lots.
c. Structures on lakefront, marshfront, canalfront, or streamfront lots shall, to
' the extent reasonably possible, be designed and located to minimize their
obstruction or degradation of traditional views to and through the property
to the water. Structures in this context shall also include fences and walls.
' The building and planning department, may as conditions necessitate,
reduce the height of structures, alter their location, size and design so as
to accomplish this objective.
' d. Structures on lakefront, marshfront, canalfront or streamfront lots shall be
developed and landscaped so that when viewed from the water, those
' structures are as unobtrusive as is reasonably possible. When a lot is
' AGENDA ITEM#8E
MAY 24,2004
1
being redeveloped, or a lot's structure is being extended or altered, this
may require the planting of new trees and other landscaping in order to
achieve this objective.
e. Fences on lakefront, canalfront, or streamfront lots shall not be permitted
to extend into the water beyond the normal high water elevation or into a
canal beyond the bulkhead. Fences and walls include any terrace wall or
other structure higher than three (3) feet above grade.
f. The construction of retaining walls or seawalls shall be done in
' accordance with this chapter and Chapter 6 of the Code of Ordinances for
the City of Atlantic Beach.
1
1
1
1
AGENDA ITEM#8F
MAY 24,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: Provisions for consideration related to boats and watercraft
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: April 30, 2004
' BACKGROUND: As requested, attached are provisions the Commission may wish to
discuss and consider related to restricting boats from being used as a
' permanent residence and from being improperly docked or anchored.
Staff suggests that any such provisions be included with Chapter 24, the
Zoning and Land Development Regulations, as part of Division 7,
Supplementary Regulations.
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff.
ATTACHMENTS: Provisions for consideration to address boats and watercraft.
' REVIEWED BY CITY MAN GER:
p , May 10,2004 regular meeting
AGENDA ITEM #8F
MAY 24,2004
Draft-April ,
1 Sec. 24-172. Boats and Watercraft
For the purposes of this Section, the term Watercraft shall include every type of boat or
' vessel intended to be used or capable of being used or operated, for any purpose, on
waters within or adjacent to the City of Atlantic Beach.
(a) Intent. The intent of this Section is to protect water quality and Environmentally
Sensitive Areas within and adjacent to the City of Atlantic Beach, and to maintain or
enhance water quality, vegetative communities, wildlife habitats and the natural
functions of fisheries, wetlands and estuarine marshes.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged,
' from any Watercraft or from any dock sewage, refuse, garbage, fuel or other
contaminants or any waste material into waters within the City of Atlantic Beach.
(c) Docking and Anchoring Restrictions. It shall be unlawful to live aboard any
Watercraft, which is docked, stored, moored or anchored within the City of Atlantic
Beach. Live aboard shall mean the continuing use of any Watercraft as a Dwelling
Unit as defined within this Chapter.
(d) Damage to or destruction of Environmentally Sensitive Areas. It shall be unlawful
' for any person to operate, dock, moor or anchor any Watercraft in a manner that
causes adverse impacts to any marine or water resource, wildlife habitat or other
' Environmentally Sensitive Areas as defined within this Chapter and as set forth
within the Conservation and Coastal Management Element of the Comprehensive
Plan.
(e) Public Docks and Anchorages. Docking or anchoring within Tideviews Preserve,
Dutton Island Preserve or any other public park or facility shall be restricted to non-
, motorized Boats and Watercraft or to those equipped only with bow-mounted electric
trolling motors.
I I
1
I
AGENDA ITEM #8G
MAY 24,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
' STAFF REPORT
AGENDA ITEM: Security Improvements
SUBMITTED BY: David Thompson, Public Safety Directo'4'"�
' Donna Kaluzniak, Utility Directo
DATE: May 14, 2004
BACKGROUND: Funds were budgeted for security upgrades city-wide. After
analysis, staff determined that the highest priority for security funding was the utility
' plants. Staff contacted two vendors that have existing government contracts—W.W.
Gay, who has completed security improvements at JEA's facilities among others, and
Access Limited, who has provided security enhancements for several clients including
' NAS Jax and the Duval County School Board.
City staff made site visits to both vendors' client facilities, and attended presentations and
' in-depth discussions with both vendors. Both contractors received excellent references
from their clients for both the equipment used as well as the service provided.
' Staff requested quotes from both vendors based on their contract pricing (JEA's contract
with W.W. Gay, and GSA pricing from Access Limited) to provide automated gates with
computerized access control and recording for all of the water and sewer plants as well as
Public Works. The automated system would require each employee or authorized entrant
to carry a"smart-card,"a proximity card that would allow access. Computerized
information on identification, time and date of entries will be recorded.
' Staff also ensured that the systems were expandable. Other security functions and
locations can be added in the future,to include perimeter beams, motion detectors,
' cameras, individual door locks,etc. These may be added to other City buildings as
determined necessary and as funds become available.
The vendors' costs were very close, with Access Limited being slightly less:
' 1
I
AGENDA ITEM#8G
MAY 24,2004
I
ILocation Address Item Access Limited W.W. Gay
City Hall 800 Seminole Road Head End and Badging System $15,207.43 $8,738.00
Public Works 1200 Sandpiper Lane Automatic Gate $31,143.43 $26,998.24
I Wastewater Plant 1 1100 Sandpiper Lane 2 Automatic Gates $40,120.19 $39,692.53
Wastewater Plant 2 739 Renault Automatic Gate $26,889.34 $24,965.25
Water Plant 1 469 11th St. Automatic Gate $26,995.34 $36,443.96
I Water Plant 2 2301 Mayport Road Automatic Gate $26,899.34 $26,684.24
Water Plant 3 902 Assisi Lane Automatic Gate $26,899.34 $25,910.16
Water Plant 4 2848 Mayport Road Automatic Gate $26,899.34 $25,910.16
I *Installation of Conduit from Building to
Gates Included $16,300.00
Total $221,053.75 $231,642.54
I *Installation of conduit is included in Access Limited's quote at a cost of$16,300. Would
have to be added separately to WW Gay's quote.
ISince funding for the entire system is not currently available, staff determined the three
largest water plants should be the first locations for the enhanced security. The head end
I and badging system at City Hall must be installed, as this is the central "brain" for the
automated gates and any future additions.
I Available funds =$105,000
Amount using Access Limited Pricing
City Hall $15,207.43
I Water Plant#1 $26,995.34
Water Plant#2 $26,899.34
Water Plant#3 $26,899.34
ITotal $96,001.45
BUDGET: A total of$105,000 was budgeted for security, with $90,000 in the Half-Cent
I Sales Tax Fund in account number 131-0000-519-6400 and $15,000 in the Water Fund
under account number 400-5502-533-6300.
I RECOMMENDATION: Award the contract for Security Improvements to Access
Limited, as per their cost proposal dated May 10, 2004, for the following areas:
City Hall Head End and Badging System, Water Plant#1, Water Plant#2, and Water
I
Plant#3, in the amount of$96,001.45.
ATTACHMENTS: 1. Proposal from Access Limited available from City Clerk.
IREVIEWED BY CITY MA
L
L2
' AGENDA ITEM#8H
MAY 24,2004
1
CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Change Order No. 1
Country Club Lane Stormwater Replacement Project
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: May 17, 2004
BACKGROUND: The City Commission awarded a contract for replacement of the
deteriorated stormwater line on Country Club Lane to Gruhn May, Inc. on March 22, 2004.
During design and bidding, the City and contractor were aware that cable was installed on the
same side of the street as the stormwater line, however, when starting construction the contractor
' found that there were not one, but two CATV fiber optic lines, and they were installed directly on
top of the 24-inch pipe. The presence of the two cables above the pipe creates much additional
work and exposes the contractor and City to extra liabilities.
' Because of the conflict, the contractor has requested additional money and time to replace the
pipe. The current contract price for this project is$75,480. The contractor's proposed new price
$94,980, with a time increase of 20 days. The contractor also proposed, as an alternative option
to repair the pipe with cured-in-place piping (Insituform). Because of other cost savings
associated with lining the pipe rather than open trench dig and replace, the total cost for lining the
pipewould be approximately
$87,750.
Staff is recommending the cured-in-place option, as the work will be completed with far less
'1 disruption to the residents, in a faster time period, and with minimal potential for damage to other
underground utilities.
BUDGET: The project was originally budgeted at $83,028 including contingency funds. Staff is
requesting a mid-year budget modification to add$10,000 to the Stormwater Fund in account
' number 470-0000-538-6300 for Project No. PW0406. Staff would like to keep at least $3,000 in
contingency in case any other issues develop during construction.
' RECOMMENDATION: Approve Change Order No. 1 for the Country Club Stormwater
Replacement Project in the amount of$4,722 and authorize additional funds of$7,722 for the
Stormwater Fund as part of the Mid-Year Budget Modification.
ATTACHMENTS: 1. Letter from Gruhn May, Inc. dated May 10, 2004.
2. Spreadsheet showing additional costs
REVIEWED BY CITY MANAGER:
1
1
AGENDA ITEM#8H
MAY 24,2004
GRUHN MAY, INC.
0
0036 0 0
0v:100
0
Water&Sewer Contractors
6897 Phillips Parkway Drive,North Jacksonville,Florida 32256
Telephone 262-9544 Fax.268-0679
May 10, 2004
Rick Carper P.E.
City of Atlantic Beach
Public Works Director
1200 Sandpiper Lane
Atlantic Beach, FL. 32233
RE: Country Club Lane Stormwater Replacement Project
Dear Rick:
This letter is a follow-up to our phone conversation this morning, regarding the CATV
fiber optic cables located directly above the storm water line proposed for replacement.
As you are aware,the location of the cables will greatly reduce our production from what
was projected in the bid process; therefore we are submitting the following changes for
your consideration.
Additional Cost...$19,500.00
Additional Time...20 days
In addition, a revised contract start date would need to be issued once these changes have
been finalized.
Also, as we discussed, we would like to offer the City of Atlantic Beach the option of
having an Insituform Liner installed, rather than replacing the pipe with the open cut
method. Bear in mind, if the City wanted to have the new inlets installed, with this
alternate, each inlet would be an adder of$5,210.00 plus the curb and asphalt as required.
Insituform Cost... 560 If of 24"...$74,280.00
Thank you,
Gordon Gruhn
STATE OF FLORIDA
UCENSED CONTRACTORS
CU C043134 CU CO24580 CG C058974 CB C041665
AGENDA ITEM#8H
MAY 24,2004
cu
v
CO
ac) aci
E ` a)
.c
o L_
I
U E W `o
0 0 0 0000 0 00 0 000
0 0 0 ao000 0 00 0 000
p o 0 o v 0 0 0 0 0 0 0 0 (C) ta
U O 0 0 ti as CA 0 N to O 69 to CO M
U) CO N- O
I
W H m ti 4 p
0 e N CO 0)64 CR
Z
W C
I-
X X
W w
< 0 0 0 c0000 0 00 0
� 0 0 0 co0oo 0 00 0
` 2 � 0 0 o ri000 0 0) 0 0
0 IOL) 0 N �aCOw AA fiT
01 w Q N CA r Yi N NI:
EA
I
t I O 0 rri• H
us r»
Z;• 5 D
C W
pr O O 0 O O O O O o O O O O
O O O O O O O O O o O O o
Q O O O OO O O O O O O O a0 cci
gym, 0 0 O O R co 0 a0 0 0 CO CO V N
O O O N N
COI C` CO t() 0) Vt[ O
amo N r r e' rs:O a7 M r tri ti C7
J w EA ER CA
QD
CD Z Z 4349R E9 EA EI? EA
N. EF).CO
top
W
L
`aQW
o 0 0 0 0 00 0 0 0 0
RO O O 0) 0 O (Ni 0) O 0)
m I- O O O N- v O R 69. Cr) V'
0 0 0 to EA CD CO 43 EA 43
LWI-
3
-, a Z
O .y D
CC N
a m
Z^ct
ai U)
W C i= CO (1) CA U. LL. Q Q } >" >. LL >. r
W J Z J J J J J W W CACO03U) J CD 0
J M } 0 O
Wv d — — r CO CO N N 00) 00) 0 h to N
Et C I-
it
W 01 Q
C T
co
2 cod U
in O Q w
p
03
C0 Z �' z i=
QL 0 O
J I+
w Z U
m . C � F- o
= w co iZ O
0 3 c co 2 ° Cn
d
a U) =
a: C E p �5 3 � � a
td O
Z 02 E
I--
"6
6 E
«0
'� to �.J O CO .c CO H m
0 . o ca ECO na 0 w Z w
U O C C C.) -0a_ ` = N ` N WCA
Lii . �) a o c • C0 ` U Qa o) d mem
a) D y .g 4) o C -�� y Q.0 CO Cn 4.7 G) C Ci N J a J
� O a: c > •Ev c >' a) m my :I Fa, U Q Q
QZZ C O •a a) ? N F" = TAO O 3 O 0w0
O
LQ 2 2 c w LL ai xi Ci F- H co CAU 0 F- F- I—
El 6) ft
Q F• E r N M to CO N CO
[DUcc_ °)
AGENDA ITEM#8I
MAY 24,2004
STAFF REPORT
' City of Atlantic Beach
Commission Meeting
' AGENDA ITEM: Federal Byrne State and Local Law
Enforcement Assistance Formula Grants Application for 2004-
05
•
' DATE: May 12, 2004
' SUBMITTED BY: David E. Thompson, Chief of Police
Tiffany Layson, CSU Officer, ABPD
' BACKGROUND:
In 2003-04, the Atlantic Beach Police Department initiated
' a Crime Suppression program to focus resources on specific
problems within the city. The Crime Suppression Unit (CSU)
was designed to include a supervisor and two (2) full time
' police officers. Several grants were obtained to offset
the costs of the new positions and the expenses associated
with the project. The largest grant, $135, 321, was the
' Edward Byrne State and Local Law Enforcement Assistance
Formula Grant.
Under this grant program, any single project may be funded
for up to four (4) consecutive years. On this particular
project, the Police Department has requested and been
' tentatively approved for $124, 100 in 2004-05 (Federal
funding for this program was reduced approximately 15% this
year and there is a great deal of competition for the
money) .
Funding: Federal Funding $93, 075
' City Match (25%) $31, 025
' Total Grant Funds $124, 100
The Mayor' s signature will be needed on the application for
Atlantic Beach, and for the "51% Letters" providing
approval for the other agencies seeking Byrne Grant funding
in Duval County. Additionally, when the grant is
' officially awarded, monitored, and eventually closed out,
the Mayor' s signature is required.
AGENDA ITEM#3I
MAY 24,2004
1
This funding will be dedicated to the personnel costs,
including salaries, benefits, and overtime for CSU members
in 2004-05.
BUDGET: This will require the City of Atlantic Beach to
budget $31, 025 in 2004-05 to fund this project.
RECOMMENDATIONS: To approve for the Mayor to sign the
application and the subsequent paperwork relative to the
grant application discussed in this report.
ATTACHMENTS:
1 . Byrne Grant Three Year Allocation History and 2005
Funding Consensus
REVIEWED BY CITY MANAGER:
A A ITEM NUMBER:
L
IAGENDA ITEM #3I
MAY 24,2004
I
IF. .c o x o = arc v
I -
-
-r N. N- `? .A: b O
M
F
0 r.
F N
A A A A A A A A
I
• V'. -r ^ 1
O O
^f. N �,C, N O N V)
O 1 4-, ,r O 1 O
1 r O M
M M ^ M 1 ••-. Y
•.., N
I ,--, `
A A A 'A A A A A
o VI --. o 0 0 0 ,D
w S r ^ O O V O
x -r o .n v: o -r
l M 1 .]C M N "t `.O
a. N D
r.,:.' -=.
4.
A
L. A ASA�M 'A A
W ria�G gdl1�'yyy� � t
g
0 0 so O , o ..)
x
,O M Y1 v 0 ;
n vi O V O
O 7 K:•
H N 7
O h .c
n 'O.;
..,
= 0 • O. V▪ a Pg' J.,..,,': 7,
z O O
q q • 7 N�'^'v9'e1i�. z O O
L ° U M aQ ��'�� _ v v_
•R DD o 7 Yg `b)et co to-
C.:
D
C' N k4 ,J_�I p " 43 <D CCD
W 0 "Z .J. N[
W V, e9 iA IV nf..�4• ! 1%1
or. N N
,a et!y v) k y W
1 O ra -Ss t -
' N O -7
h k 9 ,i z4'SI, *V• .� 1:2w
V #F..t�"�F Cp).i'� ft
O
<14
h(} R:At 0 Rif 4: j >
E.., w+. V�4r+,4. .;...6 T,ii15E Q o 0
I
I
b -• 11a
x
z W
a
G c
a a
• m o c
e
e a y
Va a o
r.
v 9
CZ
I L O , , v
y 6 3
• J7
d u N
ti
a. A Y 7
m .s m v u
u ° n a 0 c
3
c...
AGENDA ITEM#8I
MAY 24,2004
LAN j j POLICE DEPARTMENT
e � 850 SEMINOLE ROAD
t1 ATLANTIC BEACH,FLORIDA 32233-5445
v ,: TELEPHONE(904)247-5859
6r .` "3-) FAX:(904)247-5899
J t;;,. SUNCOM:852-5859
- http://ci.atlantic-beach.fl.us
L <.
May 14, 2004
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Department of Law Enforcement
2331 Phillips Road
LTallahassee, Florida 32308
Dear Mr. Wilder:
LIn compliance with State of Florida Rule 11 D-9, F.A.
C , the Atlantic Beach Police Department
approves the distribution of$666,406 (total allocation available) of Federal Fiscal Year 2004
Byrne Formula Grant Program funds for the following projects within Duval County:
1 Subgrantee Title of Project Federal Funds
IAtlantic Beach Police Department Crime Suppression Unit II $ 93,075.00
Baldwin Police Department Departmental Enhancement& $ 41,760.00
Improvement Program
I
City of Jacksonville—CSD Jacksonville Re-Entry Center $ 115,500.00
Jacksonville Airport Authority Jacksonville Airport Specialized $ 82,121.00
Police Department Taskforce
Jacksonville Beach Police Department Field Information Link III $ 32,450.00
1 Jacksonville Sheriffs Office Solution Oriented Crime System II $270,000.00
Neptune Beach Police Department Community Crime
cPrevention Program $ 31,500.00
Byrne Allocation 2004-2005 $666,406.00
Sincerely,
John Meserve
Mayor
LCity of Atlantic Beach
I
' AGENDA ITEM#8J
MAY 24,2004
0�'L��!' CITY OF ATLANTIC BEACH
OFFICE OF THE CITY CLERK
•4 800 SEMINOLE ROAD
.5 ilk •J s)I ATLANTIC BEACH,FLORIDA 32233-5445
' TELEPHONE:(904)247-5810
J-,•= ... SUNCOM:852-5810
FAX: (904)247-5846
,y http://ci.atlantic-beach.fl.us
4c 1,119
' May 14, 2004
' To: The Honorable Mayor and City Commissioners
From: Maureen King, City Clerk
' Subject: Vacancy—Cultural Arts& Recreation Advisory Committee
' Margaret van de Guchte has resigned from the Cultural Arts & Recreation Advisory Committee
and I have attached three applications for your consideration. These applications have been on
' file for quite a while but, hopefully, the applicants will still be interested in serving on this
committee. For your information, the terms of five members of this committee will expire on July
8, but all are eligible for reappointment.
' We will put the appointment to replace Ms. van de Guchte on the Commission agenda for May
24, 2004 and will put the others on the agenda for the last meeting in June.
1
Encl.
1
AGENDA ITEM#8J
MAY 24,2004
1
CC TO:
' City Commission
May 10, 2004 0 City Manager
0 City Attorney
0 Press
' ,,0"-Pile
Date:
Mr. John S. Meserve, Mayor
' 800 Seminole Road
Atlantic Beach, FL 32233
Dear Mayor Meserve,
I would like to offer my resignation from the Cultural Arts and Recreation Advisory
Committee. I have been in the process of completing my Ph.D. dissertation and have
entered the final stages of writing which,unfortunately, limits the amount of time I have
for volunteer work.
I am proud of the manyaccomplishments the committee P has made in past years and I feel
honored that I was able, as a resident of Atlantic Beach, to make a contribution to those
' goals. The programs supported by the city at Atlantic Beach Elementary have benefited
many children and adults as well. The support the city have given to the Artists Studio
Tour has not only helped to expose the many talented artists who reside in our wonderful
city, but has again helped to support arts programming at the elementary school.
Thank you for the distinction of appointing me to this committee.
Sincerely,
Margaret van de Guchte
' Cc: RustyPritchett, Cultural Arts and
Recreation Advisory Committee chair
IAGENDA ITEM#8J
MAY 24,2004
I
I CITY OF ATLANTIC BEACH
Of+
BOARD MEMBER INFORMATION SHEET
1 NAME OF BOARD '-k- k v -have- LU' -s -e e)
NAME OF APPLICANT/MEMBER Pl (A t- Pal 6 Y
IADDRESS 303 °f a S-
AA DAYTIME PHONE 3-L 'o 1 EVENING PHONE 6 a.4/1/Lea.4/1/a.4/1/Le...1 E-MAIL ADDRESS FAX#
i i
I Please provide a brief explanation ofyour interest in this field andyour reasons for wishingto be appointed to this
P PP
board.
ILO 0.„,_,..\._. .. c,/ -1-,LA- A-2i1,csr 0-171
Obc4-- . • , _, , /04 c7f7f—c, I ,1
I _: / AP Al
4.Mr Jill,11.1 I I I IIM i lif r.. ,F... ' —02. _ / 4,
I — 71,14,7 L .
0q_ - ,
II ./1. ..—...e /,n '_e. lir ALI ..s...4-4011..-41/ ..._
— Illf - - -- �i'—
fi- /-if ,a,,,,t‘d ,a_ 7.164,6/ .61-, ie./...4
1 , _A.d...4..... .._ ..... 1 041#4...ti 1 ..A..-. .. ...adir - .... • ,,_
—i7. -�. '�
I -
_ -
4a/el/7/1 -.1-1.-,e----Z...C_A c--t7 1
1 Please return completed form to
Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233
111
AGENDA ITEM#8J
MAY 24,2004
L
CITY OF ATLANTIC BEACH
BOARD/COMMITTEE MEMBER INFORMATION SHEET
NAME OF BOARD/COMMITTEE C(4/-1 rA.l r15 4,--(1 r r t4 ..J 1"/s0 ri Co 44,411:7111-(
NAME OF APPLICANT/MEMBER_ -,A ,_ - , ogtyrK-h
ADDRESS .3 •1 -7+14 4lL/ A3/l' 13,4 4 4 / FL- 3? z 3 3
DAYTIME PHONE Cie,`f,a`��-�l b _—_ EVENING PHONE_±! c( - 4 5 b ( _
E-MAIL ADDRESS WOC�r`^ @��.sce. FAX#
I
Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for
wishing to be appointed to this board/committee.
1
Surfing is a major sport in the Atlantic Beach area enjoyed by a large number of
' the city's residents and visitors. My interest regarding the Cultural Arts and Recreation
Advisory Committee is to help reflect this popular lifestyle in the programs presented.
After all, most people come to the area to enjoy the beach. We should therefore have at
' least one event per year that focuses on this valuable resource. Such an event could be a
surfing contest, art show, or combination of several activities over the period of a
weekend.
' In addition to the above I would o ld bnng to the table my diverse background gained
' from having lived and traveled around the world. I would also bring the management
skills I have acquired through running several clubs, an international law journal, and
small business.
1 -
Please return completed form to
' Maureen King, City Clerk, 800 Seminole Road,Atlantic Beach, FL 32233 10
"9
1
I
. AGENDA ITEM#3J
MAY 24,2004
ling, Maureen
from: Smith, Bryan
ent: Monday, March 03, 2003 5:16 AM
To: King, Maureen
ipiubject: FW: Cultural Arts and Recreation Advisory
I---original
Message
rom: ChristinaACross@aol.com [mailto:ChristinaACross@aol.com]
Sent: Saturday, March 01, 2003 11:51 PM
To: Smith, Bryan
subject: Cultural Arts and Recreation Advisory Committee
Hi,
,-ty name is Christina Arnold Cross (formerly married name :Tanner)
am a newly wed resident of Atlantic Beach, but grew up in Ortega, lived in Venetia for 20 years and have served on numerous
ommittees in Jacksonville. I was a board member and executive committee member of the Junior League of Jacksonville. I
,haired the first "Jacksonville Jublition" celebration/fundraiser.
' also was president of the St Mark's Episcopal Day School Parent Association; have co-chaired book fair and served as the
super Friday" program chair. Also served as a Board member and chair of the 20th anniversary celebration.
I have worked as a volunteer and paid volunteer at the Cummer Museum of Art and Gardens, also chaired Cummer Garden
Veek the second year it was held. I have been a docent at MOSH
So if the position on the Cultural Arts and Recreation Advisory Committee is still available for a willing capable volunteer, count me
in.
.i1y address is 2353 Barefoot Trace, Oceanwalk, Atlantic Beach, FL 32233
phone: 904-249-6406
'lease let me know whether you'd want any other information or would like a copy of my resume'.
I am a Realtor with Magnolia Properties so I have free time. My husband telecommutes from DC where I spend some time each
ionth; the DC arts and cultural events are excellent.
Thank you for considering me for this board position
incerely,
hristina Arnold Cross
•
../3/2003
AGENDA ITEM#9
MAY 24,2004
' MEMORANDUM May 17, 2004
' TO: The Honorable Mayor
and Members of the City Commissio
' FROM: Jim Hanso • '
SUBJECT: City Manager's Report
•
I Beach Renourishment; Another meeting of the Beach Renourishment Committee was held on
May 12, 2004 in the Jacksonville City Hall. As with previous meetings, representatives from the
four cities attended as well as the Corps of Engineers,the Chamber of Commerce, Congressman
Crenshaw's office and others. The Corps of Engineers reported that the design and permitting
portion of the project for a 2005 renourishment is on schedule. Final testing of the off shore sand
' site is ongoing. Permits have yet to be obtained from the State Environmental Protection
Division as well as a lease from the Federal Minerals Management Service. An alternative
borrow site at the Fort George Inlet was considered, but the Corps reported that the cost would
be double for getting the sand from that location and that environmental permitting may delay
the.project up to a year. Kevin Bodge complimented the Corps of Engineers on their recent work
in keeping the project on schedule.
' Plans and specifications are expected to be completed in October of 2004. If federal funds can
be received in November of 2004 then the contract can be advertised during December with a
' tentative award date in March of 2005. The Corps anticipates the completion of the project by
August of 2005.
The biggest possible impediment to a successful 2005 project remains federal funding.
Congressman Crenshaw is working to get funding included for the project and sits on a couple of
key committees. The federal budget will probably not be resolved until October of 2004. State
and local funding appears to be largely in place and a small balance needed.
' Last,the City of Jacksonville has not yet issued a request for proposals for consultants to aid
them in this beach renourishment project. Kevin Bodge of Olsen Engineering has been brought
to the meetings by the Cities of Atlantic Beach and Jacksonville Beach, which are currently
paying for his time. This may continue for several months. His cost has been under$10,000 over
the last year.
' Overall, progress seems to be on track for a renourishment project at the beaches in Duval
County in 2005.
' Drug Education Booklets; The Atlantic Beach Police Department has given out drug education
booklets to parents and young people for several years, but the supply almost out. The booklets
were printed by LAW Publications with information specific to Atlantic Beach. The costs have
been paid by sponsorships from local businesses, whose names appear in the booklets. The same
' company has been authorized to contact area businesses again to seek sponsorships for a new
printing. When complete,the booklets will continue to be used for community awareness and
drug education programs. Copies of the old booklet will be distributed with the agenda packet.